10–2–09 Friday Vol. 74 No. 190 Oct. 2, 2009

Pages 50911–51068

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Contents Federal Register Vol. 74, No. 190

Friday, October 2, 2009

Agency for Healthcare Research and Quality Defense Department NOTICES See Army Department Meetings: See Engineers Corps National Advisory Council for Healthcare Research and Quality Subcommittee on Patient Safety and Medical Education Department Liability Reform Demonstrations, 50981 NOTICES Agency Information Collection Activities; Proposals, Agricultural Marketing Service Submissions, and Approvals, 50960–50962 RULES Amendments to Mushroom Promotion, Research, and Employment and Training Administration Consumer Information Order, 50915–50920 PROPOSED RULES Temporary Agricultural Employment of H–2A Aliens in the Agriculture Department United States; Extension of Comment Period, 50929– See Agricultural Marketing Service 50930 See Animal and Plant Health Inspection Service Employment Standards Administration Animal and Plant Health Inspection Service See Wage and Hour Division RULES Engineers Corps User Fees for Agricultural Quarantine and Inspection Services, 50915 NOTICES Environmental Impact Statements; Availability, etc.: Army Department Puget Sound Nearshore Marine Habitat Restoration Project, WA, 50958–50959 See Engineers Corps NOTICES Environmental Protection Agency Exclusive, Partially Exclusive or Non-exclusive Licenses: Novel Fiberglass Technology, 50959 PROPOSED RULES Meetings: Approval and Promulgation of Implementation Plans: Department of Defense Historical Advisory Committee, 1-Hour Ozone Attainment Contingency Measures for The 50959–50960 San Joaquin Valley, CA, 50936–50939 Non-Exclusive, Exclusive, or Partially Exclusive Licensing Alabama; Proposed Approval of Revisions to the Visible of U.S. Provisional Patent Application: Emissions Rule, etc., 50930–50935 Monoclonal Antibodies Against Glycoprotein of Ebola Outer Continental Shelf Air Regulations Consistency Sudan Boniface Virus, 50960 Update: Novel Use and Method of Rapamycin to Treat Toxic New Jersey, 50939–50944 NOTICES Shock, 50960 Acid Rain Program: Annual Adjustment Factors for Excess Emissions Penalty, Centers for Medicare & Medicaid Services 50962–50963 NOTICES Environmental Impact Statements; Availability, etc., 50963– Agency Information Collection Activities; Proposals, 50964 Submissions, and Approvals, 50973 Final NPDES General Permits for Discharges from Potable Water Treatment Facilities in the Commonwealth of Civil Rights Commission Massachusetts, etc., 50964–50965 NOTICES Meetings: Meetings: Human Studies Review Board, 50965–50967 Arkansas Advisory Committee, 50946 Oklahoma Advisory Committee, 50946 Executive Office of the President See Presidential Documents Coast Guard See Trade Representative, Office of United States RULES Safety and Security Zones: Federal Accounting Standards Advisory Board Pilgrim Nuclear Power Plant, Plymouth, MA, 50922– NOTICES 50925 Issuance of Statement of Federal Financial: Reporting Comprehensive Long-Term Fiscal Projections Commerce Department for the U.S. Government, 50968 See International Trade Administration See National Oceanic and Atmospheric Administration Federal Aviation Administration RULES Commodity Futures Trading Commission IFR Altitudes; Miscellaneous Amendments, 50920–50922 NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Proposed Amendment to Class E Airspace: Submissions, and Approvals, 50957–50958 Riverton, WY, 50928–50929

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Special Conditions: Federal Property Suitable as Facilities to Assist the Boeing Model 747–8/–8F Airplanes, Systems and Data Homeless, 50983 Networks Security, etc., 50926–50928 Funding Awards for Fiscal Year 2009: Hispanic-Serving Institutions Assisting Communities Federal Communications Commission Program, 50983–50984 NOTICES Historically Black Colleges and Universities Program, Agency Information Collection Activities; Proposals, 50984–50985 Submissions, and Approvals, 50967–50968 Indian Health Service Federal Deposit Insurance Corporation NOTICES PROPOSED RULES Privacy Act; Systems of Records; Correction, 50981–50982 Prepaid Assessments, 51063–51068 NOTICES Interior Department Amendment of Federal Deposit Insurance Corporation See Fish and Wildlife Service Restoration Plan, 51062 See Land Management Bureau See Federal Housing Finance Agency PROPOSED RULES International Trade Administration Board of Directors of Federal Home Loan Bank System NOTICES Office of Finance, 50926 Antidumping: Certain Preserved Mushrooms from the People’s Republic Federal Housing Finance Board of China, 50946–50952 PROPOSED RULES Fresh Garlic from the People’s Republic of China, 50952– Board of Directors of Federal Home Loan Bank System 50955 Office of Finance, 50926 Non-Frozen Apple Juice Concentrate from the People’s Republic of China, 50955–50956 Federal Reserve System Steel Wire Garment Hangers from the People’s Republic NOTICES of China, 50956–50957 Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, 50968 Justice Department NOTICES Financial Crimes Enforcement Network Consent Decree: NOTICES United States v. Midwest Renewable Energy, LLC, 50988 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50999–51000 Labor Department See Employment and Training Administration Fish and Wildlife Service See Wage and Hour Division NOTICES Amendment to the Incidental Take Permit: Land Management Bureau San Bruno Mountain Habitat Conservation Plan in San NOTICES Mateo County, CA, 50985–50986 Environmental Impact Statements; Availability, etc.: Vegetation Treatments Using Herbicides on Bureau of Food and Drug Administration Land Management Lands, Oregon, 50986–50987 NOTICES Meetings: Meetings: Northwest California Resource Advisory Council, 50988 Oncologic Drugs Advisory Committee; Cancellation, 50980 National Aeronautics and Space Administration NOTICES Health and Human Services Department Meetings: See Agency for Healthcare Research and Quality Aerospace Safety Advisory Panel, 50989 See Centers for Medicare & Medicaid Services See Food and Drug Administration National Archives and Records Administration See Indian Health Service RULES See National Institutes of Health Federal Records Management; Revision, 51004–51060 See Substance Abuse and Mental Health Services Administration National Institutes of Health NOTICES NOTICES Declaration Under the Public Readiness and Emergency Agency Information Collection Activities; Proposals, Preparedness Act, 50968–50970 Submissions, and Approvals, 50971–50973 Meetings: Homeland Security Department Center for Scientific Review, 50975–50977, 50980–50981 See Coast Guard National Institute of Neurological Disorders and Stroke, See U.S. Customs and Border Protection 50975, 50978–50979 National Institute of Nursing Research, 50978 Housing and Urban Development Department NTP Board of Scientific Counselors Technical Reports NOTICES Review Subcommittee, 50979–50980 Agency Information Collection Activities; Proposals, Office of the Director, National Institutes of Health, Submissions, and Approvals, 50982–50983 50975, 50977–50978

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National Oceanic and Atmospheric Administration Surface Transportation Board PROPOSED RULES NOTICES Fishery Ecosystem Plans: Assignment of Lease Exemption: Fisheries in the Western Pacific, 50944–50945 , Inc.; Company and Idaho Northern & Pacific Railroad Company, 50998–50999 National Park Service Continuance in Control Exemption: NOTICES Companies, Inc.; Boise Valley Railroad, Inc., 50999 Environmental Impact Statements; Availability, etc.: Levee Project, 50987–50988 Trade Representative, Office of United States NOTICES Nuclear Regulatory Commission WTO Dispute Settlement Proceeding Regarding United NOTICES States: Applications: Certain Measures Affecting Imports of Certain Passenger Luminant Generation Co. LLC; Withdrawal, 50989 Vehicle and Light Truck Tires from China, 50997– 50998 Office of United States Trade Representative Transportation Department See Trade Representative, Office of United States See Federal Aviation Administration See Surface Transportation Board Presidential Documents EXECUTIVE ORDERS Treasury Department Amending Executive Order 13390 (EO 13512), 50911 See Financial Crimes Enforcement Network ADMINISTRATIVE ORDERS Delegation of Certifications Under Section 1512 of Public U.S. Customs and Border Protection Law 105–261 (Presidential Determination) NOTICES No. 2009–31 of September 29, 2009, 50913 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50982 Securities and Exchange Commission Veterans Affairs Department NOTICES Order of Suspension of Trading: NOTICES Emergent Health Corp., 50991 Agency Information Collection Activities; Proposals, Self-Regulatory Organizations; Proposed Rule Changes: Submissions, and Approvals, 51000–51001 Financial Industry Regulatory Authority, Inc., 50991– Wage and Hour Division 50996 PROPOSED RULES Temporary Agricultural Employment of H–2A Aliens in the Small Business Administration United States; Extension of Comment Period, 50929– NOTICES 50930 Disaster Declarations: Georgia, 50989–50991 Interest Rates, 50991 Separate Parts In This Issue

State Department Part II NOTICES National Archives and Records Administration, 51004– Culturally Significant Objects Imported for Exhibition 51060 Determinations: Rembrandt’s People, 50996 Part III Receipt of Application for a Presidential Permit: Federal Deposit Insurance Corporation, 51062–51068 International Pedestrian Bridge on the U.S.–Mexico Border near San Diego, California and Tijuana, Baja California, Mexico, 50997 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, Substance Abuse and Mental Health Services and notice of recently enacted public laws. Administration To subscribe to the Federal Register Table of Contents NOTICES LISTSERV electronic mailing list, go to http:// Current List of Laboratories Which Meet Minimum listserv.access.gpo.gov and select Online mailing list Standards To Engage in Urine Drug Testing for Federal archives, FEDREGTOC-L, Join or leave the list (or change Agencies, 50973–50975 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Executive Orders: 13512...... 50911 Administrative Orders: Presidential Determinations: 2009-31 of September 29, 2009 ...... 50913 7 CFR 354...... 50915 1209...... 50915 12 CFR Proposed Rules: 327...... 51062, 51063 985...... 50926 989...... 50926 1273...... 50926 1274...... 50926 14 CFR 95...... 50920 Proposed Rules: 25...... 50926 71...... 50928 20 CFR Proposed Rules: 655...... 50929 29 CFR Proposed Rules: 501...... 50929 780...... 50929 788...... 50929 33 CFR 165...... 50922 36 CFR Chap XII...... 51004 40 CFR Proposed Rules: 52 (2 documents) ...... 50930, 50936 55...... 50939 50 CFR Proposed Rules: 665...... 50944

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Federal Register Presidential Documents Vol. 74, No. 190

Friday, October 2, 2009

Title 3— Executive Order 13512 of September 29, 2009

The President Amending Executive Order 13390

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121 et seq.), and in order to extend the work of the Coordinator of Federal Support for the Recovery and Rebuilding of the Gulf Coast Region, Executive Order 13390 of November 1, 2005, as amended, is further amended by striking ‘‘September 30, 2009,’’ and inserting in lieu thereof ‘‘April 1, 2010.’’

THE , Washington, September 29, 2009

[FR Doc. E9–23915 Filed 10–1–09; 8:45 am] Billing code 3195–W9–P

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Presidential Determination No. 2009–31 of September 29, 2009

Presidential Determination On the Delegation of Certifications Under Section 1512 of Public Law 105–261

Memorandum for the Secretary of Commerce

By virtue of the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of Title 3, United States Code, I hereby delegate to you the functions of the President under section 1512 of the National Defense Authorization Act for Fiscal Year 1999 (NDAA). In the performance of your responsibility under this memorandum, you shall consult, as appropriate, the heads of other executive departments and agencies. You are authorized and directed to publish this determination in the Federal Register.

THE WHITE HOUSE, Washington, September 29, 2009

[FR Doc. E9–23917 Filed 10–1–09; 8:45 am] Billing code 3510–BP–P

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Rules and Regulations Federal Register Vol. 74, No. 190

Friday, October 2, 2009

This section of the FEDERAL REGISTER development, contact Mrs. Kris Caraher, Done in Washington, DC, this 30th day of contains regulatory documents having general User Fee Section, Financial Services September 2009. applicability and legal effect, most of which Branch, Financial Management Kevin Shea, are keyed to and codified in the Code of Division, MRPBS, APHIS, 4700 River Acting Administrator, Animal and Plant Federal Regulations, which is published under Health Inspection Service. 50 titles pursuant to 44 U.S.C. 1510. Road Unit 55, Riverdale, MD 20737– 1232; (301) 734–0882. [FR Doc. E9–23930 Filed 9–30–09; 4:15 pm] The Code of Federal Regulations is sold by BILLING CODE 3410–34–P the Superintendent of Documents. Prices of SUPPLEMENTARY INFORMATION: new books are listed in the first FEDERAL Background REGISTER issue of each week. DEPARTMENT OF AGRICULTURE In an interim rule published in the Agricultural Marketing Service Federal Register on September 28, 2009 DEPARTMENT OF AGRICULTURE (74 FR 49311–49315, Docket No. 7 CFR Part 1209 Animal and Plant Health Inspection APHIS–2009–0048), we amended the [Doc. No. AMS–FV–08–0047; FV–08–702– Service user fee regulations in 7 CFR part 354 by adjusting the fees charged for certain FR] 7 CFR Part 354 agricultural quarantine and inspection RIN 0581–AC82 (AQI) services that are provided in [Docket No. APHIS–2009–0048] connection with certain commercial Amendments to Mushroom Promotion, RIN 0579–AC99 vessels, commercial trucks, commercial Research, and Consumer Information railroad cars, commercial aircraft, and Order User Fees for Agricultural Quarantine international airline passengers arriving AGENCY: Agricultural Marketing Service, and Inspection Services at ports in the customs territory of the USDA. AGENCY: Animal and Plant Health United States. In the interim rule, we ACTION: Final rule. Inspection Service, USDA. explained that the recent downturn in SUMMARY: This rule amends provisions ACTION: Interim rule; delay of effective the U.S. economy has negatively of the Mushroom Promotion, Research, date. impacted travel volumes, and, as a result, our user fee collections, which and Consumer Information Order SUMMARY: On September 28, 2009, we fund these services, have diminished. (Order) to reapportion membership of the Mushroom Council (Council) to published an interim rule in the Federal Although the volume of international reflect shifts in United States mushroom Register to adjust the fees charged for travel and trade has decreased, production as well as to add language to certain agricultural quarantine and inspection and related support services inspection (AQI) services that are the powers and duties section of the continue to be provided at their existing provided in connection with certain Order allowing the Council the power to commercial vessels, commercial trucks, levels, so expenses have not decreased. develop and propose good agricultural commercial railroad cars, commercial As a result, our user fee collections have and handling practices and related aircraft, and international airline not been sufficient to enable us to activities for mushrooms. Section 10104 passengers arriving at ports in the provide those services and maintain a of the Food, Conservation and Energy customs territory of the United States. reasonable reserve balance. We therefore Act of 2008 (2008 Farm Bill) amended That interim rule was scheduled to found it necessary to increase our AQI sections 1925(b)(2) and (c) of the become effective on October 1, 2009. We user fees in order to provide adequate Mushroom Promotion, Research, and are delaying the effective date of the funds for these purposes. Consumer Information Act of 1990 interim rule until November 1, 2009. The interim rule was scheduled to (Act). Specifically, section 10104 This delay will provide entities affected become effective on October 1, 2009. We changed the Act’s requirements for geographic regions used to appoint by the changes in AQI user fees are delaying the effective date of the producer members of the Council from additional time to make the necessary interim rule until November 1, 2009. four to three, and adjusted the pounds preparations to comply with the new This delay will provide entities affected fees. required by each region for Council by the changes in AQI user fees membership, which reallocated Council DATES: The effective date for the interim additional time to make the necessary member representation in two of the rule amending 7 CFR part 354 published preparations to comply with the new three producer geographic regions at 74 FR 49311–49315 on September 28, fees. (Regions 1 and 2). Section 10104 also 2009, is delayed until November 1, Accordingly, the effective date for the added language to the powers and 2009. interim rule amending 7 CFR part 354 duties section of the Act that authorizes FOR FURTHER INFORMATION CONTACT: For published at 74 FR 49311–49315 on the Council to develop and propose information concerning program September 28, 2009, is delayed until good agricultural practices and related operations, contact Mr. William E. November 1, 2009. activities for mushrooms. A referendum Thomas, Director, Quarantine Policy, was held among eligible mushroom Analysis, and Support, PPQ, APHIS, Authority: 7 U.S.C. 7701–7772, 7781– producers and importers and they voted 4700 River Road, Unit 131, Riverdale, 7786, and 8301–8317; 21 U.S.C. 136 and in favor of the amendments. Therefore, MD 20737; (301) 734–5214. For 136a; 49 U.S.C. 80503; 7 CFR 2.22, 2.80, and this rule amends changes to the Order information concerning rate 371.3. based on the amendments to the Act.

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DATES: October 5, 2009. voting in the referendum, representing agricultural producers as those having FOR FURTHER INFORMATION CONTACT: 94 percent of the volume who voted in annual receipts of no more than Jeanette Palmer, Marketing Specialist, the referendum, approved the $750,000 and small agricultural service Research and Promotion Branch (RPB), amendments to the Order. firms (importers) as having receipts of no more than $7,000,000. There are Fruit and Vegetable Programs (FVP), Executive Order 12866 AMS, USDA, 1400 Independence approximately 107 producers and 18 Avenue, SW., Room 0632, Stop 0244, This rule has been determined not importers subject to the Order, and thus, Washington, DC 20250–0244; telephone: significant for purposes of Executive eligible to serve on the Council. The (202) 720–9915 or (888) 720–9917 (toll Order 12866 and therefore has not been majority of these producers and free); or facsimile: (202) 205–2800; or reviewed by the Office of Management importers would not be considered e-mail: [email protected]. and Budget (OMB). small entities as defined by the Small Business Administration. Producers and SUPPLEMENTARY INFORMATION: This rule Executive Order 12988 is issued under the Mushroom importers of 500,000 pounds or less on This rule has been reviewed under average of mushrooms for the fresh Promotion, Research, and Consumer Executive Order 12988, Civil Justice market are exempt from the Order. Information Order (Order) [7 CFR part Reform. The rule is not intended to have The current Order provides for the 1209]. The Order is authorized under a retroactive effect. Section 1930 of the establishment of a Council consisting of the Mushroom Promotion, Research, Act provides that nothing in the Act at least four members and not more than and Consumer Information Act of 1990 may be construed to preempt or nine members. For the purpose of (Act) [7 U.S.C. 6101–6112]. supersede any other program relating to nominating and appointing producers to A proposed rule was published in the mushroom promotion, research, the Council, the United States was Federal Register on April 7, 2009, [74 consumer information, or industry divided into four geographic regions FR 15677] with a thirty-day comment information organized and operated (Regions 1, 2, 3, and 4) with Council period which closed on May 7, 2009. under the laws of the United States or member representation allocated for Three comments were received by the any State. each region based on the geographic May 7, 2009, deadline. These comments Under section 1927 of the Act, a distribution of mushroom production. were discussed in a second proposed person subject to an Order may file a Currently, for importers (referred to as rule and referendum order that was written petition with the Department Region 5), one Council member seat was published in the Federal Register on stating that the Order, any provision of allocated when imports, on average, June 5, 2009, [74 FR 26984]. the Order, or any obligation imposed in exceed 35,000,000 pounds of Pursuant to section 1209.300 of the connection with the Order, is not in mushrooms annually. The Order also Order, a referendum was conducted accordance with the law, and requesting specifies that the Council will review— among mushroom producers and a modification of the Order or an at least every five years and not more importers to determine whether the exemption from the Order. Any petition than every three years—the geographic reapportion of membership on the filed challenging the Order, any distribution of United States mushroom Council reflecting shifts in United States provision of the Order, or any obligation production volume and import volume, mushroom production as well as to add imposed in connection with the Order, and recommend changes accordingly. language to the powers and duties shall be filed within two years after the Section 10104 of the 2008 Farm Bill section of the Order allowing the effective date of the Order, provision, or amended sections 1925(b)(2) and (c) of Council the power to develop and obligation subject to challenge in the the Mushroom Promotion, Research, propose good agricultural and handling petition. The petitioner will have the and Consumer Information Act of 1990 practices and related activities for opportunity for a hearing on the [7 U.S.C. 6101–6112]. Specifically, mushrooms was favored by persons petition. Thereafter, the Department will section 10104 reapportioned the Act’s voting in the referendum. issue a ruling on the petition. The Act requirements for geographic regions that The representative period for provides that the district court of the represent the geographic distribution of establishing voter eligibility for the United States in any district in which mushroom production in order to referendum was January 1, 2007, the petitioner resides or carries on appoint producer members of the through December 31, 2008. Section business shall have the jurisdiction to Council from four to three, and adjusted 1924(b)(3) of the Act requires that the review a final ruling on the petition, if the pounds required by each region Order be approved by a majority of the petitioner files a complaint for that (including importers) for Council producers and importers voting in the purpose not later than 20 days after the membership. This rule changes the referendum which majority, on average, date of the entry of the Department’s current five geographic regions to four annually produces and imports into the final ruling. as follows: Region 1—all other States United States more than 50 percent of including the District of Columbia and mushrooms annually produced and Final Regulatory Flexibility Analysis the Commonwealth of Puerto Rico imported by all those persons voting in and Paperwork Reduction Act except for Pennsylvania and California; the referendum. Only mushroom In accordance with the Regulatory Region 2—the State of Pennsylvania; producers and importers who either Flexibility Act (RFA) [5 U.S.C. 601– Region 3—the State of California; and produced or imported, on average, over 612], the Agricultural Marketing Service Region 4—importers. Finally, section 500,000 pounds of mushrooms annually (AMS) has examined the economic 10104 added language to the powers during the representative period were impact of this rule on small entities that and duties section of the Act that eligible to vote in the referendum. would be affected by this rule. The authorizes the Council to develop and Mushroom producers and importers purpose of the RFA is to fit regulatory propose good agricultural and handling who have received an exemption from actions to the scale of business subject practices, and related activities for assessment for the entire representative to such actions in order that small mushrooms. period were ineligible to vote. The businesses will not be unduly or In 1990, there were 466 mushroom referendum was conducted by mail disproportionately burdened. farms in 26 states, as reported by the ballot from July 6, 2009, through July The Small Business Administration National Agricultural Statistics Service 17, 2009. Eighty-seven percent of those defines, in 13 CFR part 121, small (NASS). Mushroom farms, like many

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other agricultural sectors, have Therefore, according to the changes region or those regions with greater on- experienced significant consolidation. made to the Act and the changes to the average production or import volume In 2007, NASS reported 279 mushroom Order, importer representation on the than the other regions otherwise eligible farms in 18 states. Pennsylvania, the Council will remain the same. at that increment level. largest mushroom producing state, Section 1925(b)(2) of the Act, Section 1925(c) of the Act was also produced 332.5 million pounds in 1990. Appointments, states that in making amended by the 2008 Farm Bill to Last year, NASS reported that appointments of members to the include language that authorizes the Pennsylvania produced 496.6 million Council, the Secretary shall take into Council to develop and propose to the pounds accounting for 61 percent of the account, to the extent practicable, the Secretary programs for good agricultural total volume of sales in the United geographical distribution of mushroom and good handling practices and related States. According to the Council, production throughout the United activities for mushrooms. Therefore, this changing economic conditions over the States, and the comparative volume of rule amends section 1209.38 of the past 18 years, coupled with innovations mushrooms imported into the United Order to include the following language: in production methods, advancements States. ‘‘to develop and propose to the in cold chain management and long- According to the Council, the Secretary programs for good agricultural range transportation options have all reduction in the number of regions from and good handling practices and related contributed to mushroom farming four to three for domestic production activities for mushrooms.’’ operations becoming larger, but fewer in and the increase in pounds required for The overall impact of the number. Currently, there are 107 entities seats in each region will more amendments will be favorable for in 11 states which are subject to the Act, accurately reflect the current status of producers and importers because the and therefore eligible for nomination to mushroom production in the United producers and importers would have the Council. Several of these entities are States. more equitable representation on the owned by companies which have This rule changes the five current Council based on United States multiple operations in different states. geographic regions as follows: Region mushroom production volume and The Act states that no more than one 1—all other States including the District import volume. member may be appointed to the of Columbia and the Commonwealth of In accordance with the Office of Council from nominations submitted by Puerto Rico except for Pennsylvania and Management and Budget (OMB) any one producer or importer. California; Region 2—the State of regulation [5 CFR part 1320] which Pennsylvania; Region 3—the State of implements the Paperwork Reduction According to NASS, at present 73 California; and Region 4—importers. Act of 1995 [44 U.S.C. Chapter 35], there percent of all domestic producers In accordance with amendments to are no new information collection subject to the Act are located in the state the Act, this rule increases the threshold requirements contained in this rule of Pennsylvania. The value of sales for for regional representation on the because the number of producer mushrooms shipped from Pennsylvania Council from a production average of at members will remain unchanged at nine grew 16 percent from July 1, 2004 to least 35 million pounds to at least 50 producer members. The information June 30, 2008. Of the remaining 29 million pounds annually. Each region collection requirements have been producers subject to the Act, not located that produces on average, at least 50 previously approved by the Office of in Pennsylvania, 59 percent reside in million pounds of mushrooms annually Management and Budget (OMB) under the state of California, with the shall be entitled to one representative OMB control number 0581–0093. remaining 12 producers scattered among on the Council. The Department has not identified 9 states. The value of sales for This rule also changes the way any relevant Federal rules that mushrooms shipped from California additional members are appointed to the duplicate, overlap, or conflict with this increased 8 percent from July 1, 2004 to Council. Pursuant to the amendments to rule. June 30, 2008, while the value of sales the Acts made by the 2008 Farm Bill, Background for mushrooms shipped from the rest of and subject to the nine-member limit of the United States (excluding members on the Council, the Secretary The Order is authorized under the Pennsylvania) declined 3 percent. shall appoint additional members to the Mushroom Promotion, Research, and Pennsylvania and California alone Council from a region that attains Consumer Information Act of 1990 [7 account for 77 percent of all domestic additional pounds of production as U.S.C. 6101–6112], and is administered producers subject to the Act and are follows: by the Council. Under the Order, the growing in terms of fresh pounds (i) If the annual production of a region Council administers a nationally produced and shipped, and thus are is greater than 110,000,000 pounds, but coordinated program of research, likely to remain viable regions for the less than or equal to 180,000,000 development, and information designed foreseeable future. Pennsylvania’s pounds, the region shall be represented to strengthen the fresh mushroom’s designation as one of the three regions by 1 additional member. position in the market place and to in the United States ensures that it (ii) If the annual production of a establish, maintain, and expand markets receives representation relative to its region is greater than 180,000,000 for fresh mushrooms. The program is production. With nearly 60 percent of pounds, but less than or equal to financed by an assessment of $0.005 the remaining producers subject to the 260,000,000 pounds, the region shall be cents per pound on any person who Act and growing, California would also represented by 2 additional members. produces or imports over 500,000 benefit from a regional designation. In (iii) If the annual production of a pounds of mushrooms for the fresh reviewing the geographical regions, the region is greater than 260,000,000 market annually. Under the Order, Department also reviewed the importer pounds, the region shall be represented handlers collect and remit producer seats to ensure that importers are by 3 additional members. assessments to the Council, and adequately represented based on annual Should, in the aggregate, regions be assessments paid by importers are production numbers. Importers have a entitled to levels of representation that collected and remitted by the United four year average annual production would exceed the nine-member limit on States Customs and Border Protection. from January 1, 2004, through December the Council under the Act, the seat or The Order provides for the 31, 2007, of 68 million pounds. seats assigned would be assigned to that establishment of a Council consisting of

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at least four members and not more than rolling average of production or imports region that attains additional pounds of nine members. For the purpose of during the last four fiscal years. production would now be appointed to nominating and appointing producers to Section 1209.30(e)(4)(iii) of the the Council as follows: the Council, the United States was current Order, provides that should (i) If the annual production of a region divided into four geographic regions regions be entitled to levels of is greater than 110,000,000 pounds, but (Regions 1, 2, 3, and 4) with Council representation that would exceed the less than or equal to 180,000,000 member representation allocated for nine-member limit on the Council under pounds, the region shall be represented each region based on the geographic the Act, the regions shall be entitled to by 1 additional member. distribution of mushroom production. representation on the Council as (ii) If the annual production of a For importers (referred to as Region 5), follows: Each region with 50 million region is greater than 180,000,000 one Council member seat was allocated pounds of annual production or pounds, but less than or equal to when imports, on average, exceeds 35 imports, on average, in excess of the 260,000,000 pounds, the region shall be million pounds of mushrooms annually. initial 35 million pounds required to represented by 2 additional members. Section 1209.30(d) of the Order qualify the region for representation (iii) If the annual production of a provides that at least every five years, shall be assigned one additional region is greater than 260,000,000 and not more than every three years, the representative on the Council, except pounds, the region shall be represented Council shall review changes in the that if under such assignments all five by 3 additional members. geographic distribution of mushroom regions, counting importers as a region, This amendment to the Order changes production volume throughout the if applicable, would be entitled to the number of regions and Council United States and import volume, using additional representatives, that region member representatives as follows: the average annual mushroom with the smallest on-average volume, in Region 1—all other States including the production and imports over the terms of production or imports, will not District of Columbia and the preceding four years. Based on the be assigned an additional Commonwealth of Puerto Rico except review, the Council is required to representative. According to section for Pennsylvania and California; Region recommend reapportionment of the 1209.30(f) of the current Order, in 2—the State of Pennsylvania; Region regions or modification of the number of determining the volume of mushrooms 3—the State of California; and Region members from such regions, or both, to produced in the United States or 4—importers. reflect shifts in the geographic imported into the United States, the Should, in the aggregate, regions be distribution of mushroom production Council and the Secretary shall: (1) entitled to levels of representation that volume and importer representation. Only consider mushrooms produced or would exceed the nine-member limit on Based on the amendments to the Act imported by producers and importers, the Council under the Act, the seat or made by section 10104 of the Farm Bill, respectively, as those terms are defined seats assigned shall be assigned to that and a review of United States in sections 1209.8 and 1209.15; and (2) region or those regions with greater on- mushroom production volume and used the information received by the average production or import volume import volume, this rule changes the Council under section 1209.60, and data than the other regions otherwise eligible current five regions to four as follows: published by the Department. at that increment level. Region 1—all other States including the In addition, the current Order Section 1925(c) of the Act was also District of Columbia and the provides that if after members are amended by the 2008 Farm Bill to insert Commonwealth of Puerto Rico except assigned to the regions, less than the language allowing the Council to for Pennsylvania and California; Region entire nine seats on the Council have develop and propose to the Secretary 2—the State of Pennsylvania; Region been assigned to regions, the remaining programs for good agricultural and good 3—the State of California; and Region seats on the Council shall be assigned to handling practices and related activities 4—importers. each region for each 50 million pound for mushrooms. Therefore, this rule The current Order also provides that increment of annual production or amends section 1209.38 of the Order to each producer region that produces, on import volume, on average, in excess of include the following line: ‘‘to develop average, at least 35 million pounds of 85 million pounds until all the seats are and propose to the Secretary programs mushrooms annually is entitled to one filled. If for any such 50 million pound for good agricultural and good handling member. The current Order also states increment, more regions are eligible for practices and related activities for that importers shall be represented by a seats than there are seats available, the mushrooms.’’ single, separate region, and are also seat or seats assigned for such increment Finally, this rule terminates section entitled to one representative, if on shall be assigned to that region or those 1209.230 of the regulations concerning average, at least 35 million pounds of regions with greater on-average reallocation of Council members. mushrooms are imported annually. production or import volume than the The Department published the Further, the current Order states that other regions otherwise eligible at that proposal for public comment in the each region shall be entitled to increment level. April 7, 2009, Federal Register [74 FR representation by an additional Council Pursuant to the amendments made to 15677]. Three comments were received member for each 50 million pounds of the Act made by the 2008 Farm Bill, this by the May 7, 2009, deadline. These annual production or imports, on rule increases the threshold for regional comments were discussed in the June 5, average, in excess of the initial 35 representation on the Council from a 2009, proposed rule published in the million pounds required to qualify the production average of at least 35 million Federal Register [74 FR 26984] which region for representation, until the nine pounds to at least 50 million pounds included a Referendum Order. seats on the Council are filled. Section annually. Each region that produces on 1209.12 of the Order provides that ‘‘on average, at least 50 million pounds of General Findings average’’ means a rolling average of mushrooms annually shall be entitled to The Department conducted a production or imports during the last one representative on the Council. referendum among eligible producers two fiscal years, or such other period as In addition, this rule changes and importers of mushrooms from July may be determined by the Secretary. For language in the Order regarding how 6, 2009 through July 17, 2009, to purposes of this rule, and as provided additional members are added to the determine whether they favor to amend under the Order, ‘‘on average’’ reflects a Council. Additional members from each provisions of the Mushroom Promotion,

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Research, and Consumer Information List of Subjects in 7 CFR Part 1209 volume throughout the United States Order to reapportion membership of the Administrative practice and and import volume, using the average Mushroom Council to reflect shifts in procedure, Advertising, Consumer annual mushroom production and United States mushroom production as information, Marketing agreements, imports over the preceding four years, well as to add language to the powers Mushroom promotion, Reporting and and, based on such review, shall and duties section of the Order allowing recordkeeping requirements. recommend to the Secretary the Council the power to develop and reapportionment of the regions ■ For the reasons set forth in the propose good agricultural and handling established in paragraph (b) of this preamble, 7 CFR part 1209 of the Code practices and related activities for section, or modification of the number of Federal Regulations is amended as mushrooms. The representative period of members from such regions, as follows: for establishing voter eligibility was determined under the rules established from January 1, 2007, through December PART 1209—MUSHROOM in paragraph (e), of this section or both, 31, 2008. Mushroom producers and PROMOTION, RESEARCH, AND as necessary to best reflect the importers who either produced or CONSUMER INFORMATION ORDER geographic distribution of mushroom imported, on average, over 500,000 production volume in the United States pounds of mushrooms annually during and representation of imports, if ■ 1. The authority citation for 7 CFR the representative period were eligible applicable. part 1209 continues to read as follows: to vote in the referendum. Eighty-seven (e) Subject to the nine-member percent of those voting, representing 94 Authority: 7 U.S.C. 6101–6112; 7 U.S.C. maximum limitation, the following 7401. percent of the volume voted in the procedure will be used to determine the ■ referendum favored the amendments to 2. In § 1209.30, paragraphs (a), (b), (c), number of members for each region to the Order. (d), and (e) are revised to read as serve on the Council under paragraph It is determined that a majority of follows: (d) of this section: those who voted favored the implementation of the Order and that § 1209.30 Establishment and membership. (1) Each region that produces, on those voters favoring implementation (a) There is hereby established a average, at least 50,000,000 pounds of represented a majority of the Mushroom Council of not less than four mushrooms annually shall be entitled to mushrooms produced and imported by or more than nine members. The one representative on the Council. all voters in the referendum. To become Council shall be composed of producers (2) As provided in paragraph (c) of effective the Order had to be approved appointed by the Secretary under this section, importers shall be by a majority of producers and § 1209.33, except that, as provided in represented by a single, separate region, importers voting in the referendum, paragraph (c) of this section, importers which shall be entitled to one which majority, on average, annually shall be appointed by the Secretary to representative, if such region imports, produced and imported into the United the Council under § 1209.33 once on average, at least 50,000,000 pounds States more than 50 percent of the imports, on average, reach at least of mushrooms annually. mushrooms annually produced and 50,000,000 pounds of mushrooms (3) If the annual production of a imported by all those voting in the annually. region is greater than 110,000,000 referendum. (b) For purposes of nominating and pounds, but less than or equal to After consideration of all relevant appointing producers to the Council, the 180,000,000 pounds, the region shall be matters presented including the United States shall be divided into three represented by 1 additional member. comments received, and referendum geographic regions and the number of (4) If the annual production of a results, it is hereby found that this rule Council members from each region shall region is greater than 180,000,000 is consistent with the provisions of the be as follows: pounds, but less than or equal to Mushroom Promotion, Research, and (1) Region 1: All other States 260,000,000 pounds, the region shall be Consumer Information Act of 1990 as including the District of Columbia and represented by 2 additional members. the Commonwealth of Puerto Rico amended and therefore should be (5) If the annual production of a except for Pennsylvania and adopted as a final rule. region is greater than 260,000,000 California—2 Members. pounds, the region shall be represented Additional Findings (2) Region 2: The State of by 3 additional members. Pursuant to 5 U.S.C. 553, it is also Pennsylvania—4 Members. found that good cause exists for not (3) Region 3: The State of California— (6) Should, in the aggregate, regions postponing the effective date of this 2 Members. be entitled to levels of representation action until one day after publication in (c) Importers shall be represented by under paragraphs (e)(1), (2), (3), (4) and the Federal Register because the a single, separate region, referred to as (5) of this section that would exceed the Council’s term of office would begin Region 4, consisting of the United States nine-member limit on the Council under January 1, 2010, and end December 31, when imports, on average, equal or the Act, the seat or seats assigned shall 2012; and this rule will allow the exceed 50,000,000 pounds of be assigned to that region or those upcoming nominations and mushrooms annually. regions with greater on-average appointments to be conducted in a (d) At least every five years, and not production or import volume than the timely manner for the new members to more than every three years, the Council other regions otherwise eligible at that be appointed to the Council so they can shall review changes in the geographic increment level. begin during the next term of office. distribution of mushroom production * * * * *

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■ 3. In § 1209.38, paragraphs (l) and (m) the navigable airspace under instrument safety in air commerce, I find that notice are redesignated as paragraphs (m) and conditions in the affected areas. and public procedure before adopting (n) respectively and new paragraph (l) is DATES: Effective Date: 0901 UTC, this amendment are impracticable and added to read as follows: October 22, 2009. contrary to the public interest and that good cause exists for making the § 1209.38 Powers. FOR FURTHER INFORMATION CONTACT: Harry Hodges, Flight Procedure amendment effective in less than 30 * * * * * Standards Branch (AMCAFS–420), days. (l) To develop and propose to the Flight Technologies and Programs Conclusion Secretary programs for good agricultural Division, Flight Standards Service, and good handling practices and related Federal Aviation Administration, Mike The FAA has determined that this activities for mushrooms. Monroney Aeronautical Center, 6500 regulation only involves an established * * * * * South MacArthur Blvd., Oklahoma City, body of technical regulations for which frequent and routine amendments are § 1209.230 [Removed and Reserved] OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) necessary to keep them operationally ■ 4. Section 1209.230 is removed and telephone: (405) 954–4164. current. It, therefore—(1) is not a reserved. SUPPLEMENTARY INFORMATION: This ‘‘significant regulatory action’’ under Dated: September 28, 2009. amendment to part 95 of the Federal Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Rayne Pegg, Aviation Regulations (14 CFR part 95) amends, suspends, or revokes IFR Regulatory Policies and Procedures (44 Administrator, Agricultural Marketing FR 11034; February 26, 1979); and (3) Service. altitudes governing the operation of all does not warrant preparation of a [FR Doc. E9–23777 Filed 10–1–09; 8:45 am] aircraft in flight over a specified route or any portion of that route, as well as regulatory evaluation as the anticipated BILLING CODE 3410–02–P the changeover points (COPs) for impact is so minimal. For the same Federal airways, jet routes, or direct reason, the FAA certifies that this routes as prescribed in part 95. amendment will not have a significant DEPARTMENT OF TRANSPORTATION economic impact on a substantial The Rule number of small entities under the Federal Aviation Administration The specified IFR altitudes, when criteria of the Regulatory Flexibility Act. used in conjunction with the prescribed List of Subjects in 14 CFR Part 95 14 CFR Part 95 changeover points for those routes, ensure navigation aid coverage that is Airspace, Navigation (air). [Docket No. 30689; Amdt. No. 483] adequate for safe flight operations and Issued in Washington, DC, on September IFR Altitudes; Miscellaneous free of frequency interference. The 25, 2009. Amendments reasons and circumstances that create John M. Allen, the need for this amendment involve Director, Flight Standards Service. AGENCY: Federal Aviation matters of flight safety and operational Administration (FAA), DOT. efficiency in the National Airspace Adoption of the Amendment ACTION: Final rule. System, are related to published ■ aeronautical charts that are essential to Accordingly, pursuant to the authority SUMMARY: This amendment adopts the user, and provide for the safe and delegated to me by the Administrator, miscellaneous amendments to the efficient use of the navigable airspace. part 95 of the Federal Aviation required IFR (instrument flight rules) In addition, those various reasons or Regulations (14 CFR part 95) is altitudes and changeover points for circumstances require making this amended as follows effective at 0901 certain Federal airways, jet routes, or amendment effective before the next UTC, October 22, 2009. ■ direct routes for which a minimum or scheduled charting and publication date 1. The authority citation for part 95 maximum en route authorized IFR of the flight information to assure its continues to read as follows: altitude is prescribed. This regulatory timely availability to the user. The Authority: 49 U.S.C. 106(g), 40103, 40106, action is needed because of changes effective date of this amendment reflects 40113, 40114, 40120, 44502, 44514, 44719, occurring in the National Airspace those considerations. In view of the 44721. System. These changes are designed to close and immediate relationship ■ 2. Part 95 is amended to read as provide for the safe and efficient use of between these regulatory changes and follows:

REVISIONS TO IFR ALTITUDES & CHANGEOVER POINTS [Amendment 483 effective date, October 22, 2009]

From To MEA MAA

§ 95.4000 High Altitude RNAV Routes § 95.4265 RNAV Route T265 Is Added To Read

Kelsi, IL FIX ...... Bullz, IL FIX ...... * 4000 * 2300—MOCA Bullz, IL FIX ...... Veena, WI FIX ...... * 4000 * 2600—MOCA

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From To MEA

§ 95.6001 Victor Routes—U.S. § 95.6036 VOR Federal Airway V36 Is Amended To Read In Part

Buffalo, NY VOR/DME ...... * Burst, NY FIX ...... * * 11000 * 11000—MCA Burst, NY FIX, NW BND * * 4000—GNSS MEA

§ 95.6155 VOR Federal Airway V155 Is Amended To Read In Part

Lawrenceville, VA VORTAC ...... Melia, VA FIX ...... 2000

§ 95.6157 VOR Federal Airway V157 Is Amended To Read In Part

Alma, GA VORTAC ...... Lotts, GA FIX ...... * 10000 * 1800—MOCA * 2000—GNSS MEA Lawrenceville, VA VORTAC ...... Dalto, VA FIX ...... 2000

§ 95.6276 VOR Federal Airway V276 Is Amended To Read In Part

Manta, NJ FIX ...... * Prepi, OA FIX ...... * * 3000 * 8000—MRA * * 2000—MOCA

§ 95.6286 VOR Federal Airway V286 Is Amended To Read In Part

Brooke, VA VORTAC ...... * Zunar, VA FIX ...... * * 3000 * 5000—MCA Zunar, VA FIX, SE BND * * 2000—GNSS MEA Zunar, VA FIX ...... Faged, VA FIX ...... * 5000 * 2000—GNSS MEA Faged, VA FIX ...... Gwynn, VA FIX ...... 2000

§ 95.6288 VOR Federal Airway V288 Is Amended To Read In Part

* Corin, UT FIX ...... Fort Bridger, WY VOR/DME ...... * * 16000 * 13000—MRA * * 11400—MOCA * * 12000—GNSS MEA

§ 95.6312 VOR Federal Airway V312 Is Amended To Read In Part

Coyle, NJ VORTAC ...... * Drift, NJ FIX ...... 2000 * 6000—MRA * Drift, NJ FIX ...... * * Prepi, OA FIX ...... * * * 4800 * 6000—MRA * * 8000—MRA * * * 2000—GNSS MEA

§ 95.6329 VOR Federal Airway V329 Is Amended To Delete

Corky, FL FIX ...... Andalusia, AL VOR ...... * 3000 * 1600—MOCA Andalusia, AL VOR ...... Rutel, AL FIX ...... * 3000 * 2100—MOCA Rutel, AL FIX ...... Montgomery, AL VORTAC ...... * 3000 * 1900—MOCA

§ 95.6454 VOR Federal Airway V454 Is Amended To Read In Part

Liberty, NC VORTAC ...... * Nokiy, VA FIX ...... * * 6000 * 9000—MCA Nokiy, VA FIX, NE BND * * 3000—GNSS MEA Nokiy, VA FIX ...... Lawrenceville, VA VORTAC ...... * 9000 * 3000—GNSS MEA

§ 95.6481 VOR Federal Airway V481 Is Amended To Read In Part

Donel, AK FIX ...... * Big Delta, AK Vortac. N Bnd ...... 7000 S Bnd ...... 12000 * 7800—MCA Big Delta, AK VORTAC, S BND

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Changeover points From To Distance From

§ 95.8003 VOR Federal Airway Changeover Points Airway Segment V–259 Is Amended To Add Changeover Point

Grand Strand, SC VORTAC ...... Florence, SC VORTAC ...... 25 Grand Strand

[FR Doc. E9–23752 Filed 10–1–09; 8:45 am] (3) Mail: Docket Management Facility comments and related materials. All BILLING CODE 4910–13–P (M–30), U.S. Department of comments received will be posted, Transportation, West Building Ground without change, to http:// Floor, Room W12–140, 1200 New Jersey www.regulations.gov and will include DEPARTMENT OF HOMELAND Avenue, SE., Washington, DC 20590– any personal information you have SECURITY 0001. provided. (4) Hand delivery: Same as mail A. Submitting Comments Coast Guard address above, between 9 a.m. and 5 p.m., Monday through Friday, except If you submit a comment, please 33 CFR Part 165 Federal holidays. The telephone number include the docket number for this is 202–366–9329. rulemaking (USCG–2009–0311), [Docket No. USCG–2009–0311] To avoid duplication, please use only indicate the specific section of this RIN 1625–AA00 one of these four methods. See the document to which each comment ‘‘Public Participation and Request for applies, and provide a reason for each Direct Final Rule; Safety and Security Comments’’ portion of the suggestion or recommendation. You Zones: Pilgrim Nuclear Power Plant, SUPPLEMENTARY INFORMATION section may submit your comments and Plymouth, MA below for instructions on submitting material online, or by fax, mail or hand comments. delivery, but please use only one of AGENCY: Coast Guard, DHS. FOR FURTHER INFORMATION CONTACT: If these means. We recommend that you ACTION: Direct final rule; request for include your name and a mailing comments. you have questions on this rule, e-mail or call Chief Eldridge McFadden, U.S. address, an e-mail address, or a phone number in the body of your document SUMMARY: By this direct final rule, the Coast Guard, Sector Boston, Waterways so that we can contact you if we have Coast Guard is amending existing Management Division; telephone 617– questions regarding your submission. regulations with a set of coordinates 223–5160, e-mail To submit your comment online, go to which will better reflect the safety and [email protected]. If you http://www.regulations.gov, click on the security zone around the Pilgrim have questions on viewing or submitting ‘‘submit a comment’’ box, which will Nuclear Power Plant. This action will material to the docket, call Renee V. then become highlighted in blue. In the prohibit entry into, or movement Wright, Program Manager, Docket ‘‘Document Type’’ drop down menu within, the safety and security zones Operations, telephone 202–366–9826. select ‘‘Proposed Rule’’ and insert located in Cape Cod Bay and adjacent SUPPLEMENTARY INFORMATION: ‘‘USCG–2009–0311’’ in the ‘‘Keyword’’ shore areas. This action is necessary to Table of Contents box. Click ‘‘Search’’ then click on the ensure public safety and prevent balloon shape in the ‘‘Actions’’ sabotage or terrorist acts. The safety and I. Public Participation and Request for column.If you submit your comments by security zones will close certain waters Comments mail or hand delivery, submit them in of Cape Cod Bay near the Pilgrim A. Submitting Comments an unbound format, no larger than 81⁄2 Nuclear Power Plant and land adjacent B. Viewing Comments and Documents C. Privacy Act by 11 inches, suitable for copying and to those waters. D. Public Meeting electronic filing. If you submit them by DATES: This rule is effective December II. Abbreviations mail and would like to know that they 31, 2009, unless an adverse comment, or III. Regulatory Information reached the Facility, please enclose a notice of intent to submit an adverse IV. Background stamped, self-addressed postcard or comment, is either submitted to our V. Discussion of the Rule VI. Regulatory Analyses envelope. We will consider all online docket via http:// comments and material received during www.regulations.gov on or before A. Regulatory Planning and Review B. Small Entities the comment period. December 1, 2009 or reaches the Docket C. Assistance for Small Entities B. Viewing Comments and Documents Management Facility by that date. If an D. Collection of Information adverse comment, or notice of intent to E. Federalism To view comments, as well as submit an adverse comment, is received F. Unfunded Mandates Reform Act documents mentioned in this preamble by December 1, 2009, we will withdraw G. Taking of Private Property as being available in the docket, go to this direct final rule and publish a H. Civil Justice Reform http://www.regulations.gov, click on the timely notice of withdrawal in the I. Protection of Children ‘‘read comments’’ box, which will then Federal Register. J. Indian Tribal Governments K. Energy Effects become highlighted in blue. In the ADDRESSES: You may submit comments L. Technical Standards ‘‘Keyword’’ box insert ‘‘USCG–2009– identified by docket number USCG– M. Environment 0311’’ and click ‘‘Search.’’ Click the 2009–0311 using any one of the ‘‘Open Docket Folder’’ in the ‘‘Actions’’ following methods: I. Public Participation and Request for column. If you do not have access to the (1) Federal eRulemaking Portal: Comments internet, you may also view the docket http://www.regulations.gov. We encourage you to participate in online by visiting the Docket (2) Fax: 202–493–2251. this rulemaking by submitting Management Facility in Room W12–140

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on the ground floor of the Department adverse comment. If we decide to person may board, take or place any of Transportation West Building, 1200 proceed with a rulemaking following article or thing on board any vessel, or New Jersey Avenue, SE., Washington, receipt of an adverse comment, we will waterfront facility, in a security zone DC 20590, between 9 a.m. and 5 p.m., publish a separate notice of proposed without permission of the Captain of the Monday through Friday, except Federal rulemaking (NPRM) and provide a new Port. holidays. We have an agreement with opportunity for comment. These regulations are issued under A comment is considered ‘‘adverse’’ if the Department of Transportation to use authority contained in 50 U.S.C. 191, 33 the comment explains why this rule or the Docket Management Facility. U.S.C. 1223, 1225 and 1226. Violations a part of this rule would be of safety or security zone described C. Privacy Act inappropriate, including a challenge to Anyone can search the electronic its underlying premise or approach, or herein, are punishable by, among others, form of comments received into any of would be ineffective or unacceptable civil penalties (not to exceed $25,000 our dockets by the name of the without a change. per violation, where each day of a continuing violation is a separate individual submitting the comment (or IV. Background signing the comment, if submitted on violation), criminal penalties behalf of an association, business, labor Safety and security zones were (imprisonment for not more than 10 union, etc.). You may review a Privacy established to safeguard the Pilgrim years and a fine of not more than Act notice regarding our public dockets Nuclear Power Plant in light of terrorist $100,000), in rem liability against the in the January 17, 2008 issue of the attacks on New York City and offending vessel, and license sanctions. Washington, DC on September 11, 2001. Federal Register (73 FR 3316). V. Discussion of the Rule The zones were implemented to protect D. Public Meeting persons at the facility, the public, and The current safety and security zone We do not now plan to hold a public surrounding communities from sabotage regulation is erroneous as it cites meeting. But you may submit a request or other subversive acts, accidents, or incorrect coordinates. This regulation for one to the docket using one of the other similar events. The Pilgrim will correct the existing one by adding methods specified under ADDRESSES. In Nuclear Power Plant is a possible target coordinates which reflect the actual your request, explain why you believe a of terrorist attack due to the potential safety and security zones delineated by public meeting would be beneficial. If catastrophic impact an attack would the buoys already put in place by the we determine that one would aid this have on such a plant. Established safety Pilgrim Power Plant. The new rulemaking, we will hold one at a time and security zones prohibit entry into or regulation will change the safety and and place announced by a later notice movement within the specified areas. security zone from: The rulemaking regarding this site, in the Federal Register. ° ′ ″ ° ′ ″ published in the Federal Register [67 41 57 5 N, 070 34 42 W; then II. Abbreviations FR 37689], established security and running southeast to position ° ′ ″ ° ′ ″ DHS Department of Homeland safety zones having identical boundaries 41 56 40.5 N, 070 34 4.5 W; then Security; delineated as follows: All waters of running southwest to position ° ′ ″ ° ′ ″ FR Federal Register; Cape Cod Bay and land adjacent to 41 56 55.5 N, 070 34 52 W; then § Section symbol; those waters enclosed by a line returning to its point of origin to: U.S.C. United States Code. beginning at position 41°57′5″ N, 41°56′59.3″ N, 070°34′58.5″ W; thence 070°34′42″ W; then running southeast to ° ′ ″ ° ′ ″ III. Regulatory Information to 41 57 12.2 N, 070 34 41.9 W; thence position 41°56′40.5″ N, 070°34′4.5″ W; to 41°56′42.3″ N, 070°34′00.1″ W; thence We are publishing this direct final then running southwest to position to 41°56′29.5″ N, 070°34′14.5″ W. rule under 33 CFR 1.05–55 because we 41°56′55.5″ N, 070°34′52″ W; then do not expect an adverse comment. If no returning to its point of origin. These VI. Regulatory Analyses adverse comment or notice of intent to positions were incorrect (one of the We developed this rule after submit an adverse comment is received positions is in fact 6 miles inland). This considering numerous statutes and by December 31, 2009, this rule will regulation aims to correct the previous executive orders related to rulemaking. become effective as stated in the DATES regulation. section. In that case, approximately 30 Buoy markers, which serve as a visual Below we summarize our analyses days before the effective date, we will reminder of the safety and security zone based on 13 of these statutes or publish a document in the Federal surrounding the Nuclear Power Plant, executive orders. Register stating that no adverse have already been placed at the A. Regulatory Planning and Review comment was received and confirming intended coordinates surrounding the that this rule will become effective as plant. This regulation will amend the This rule is not a significant scheduled. However, if we receive an existing coordinates, to reflect the regulatory action under section 3(f) of adverse comment or notice of intent to originally intended parameters. Executive Order 12866, Regulatory submit an adverse comment, we will No person or vessel may enter or Planning and Review, and does not publish a document in the Federal remain in the prescribed safety and require an assessment of potential costs Register announcing the withdrawal of security zones at any time without the and benefits under section 6(a)(3) of that all or part of this direct final rule. If an permission of the Captain of the Port. Order. The Office of Management and adverse comment applies only to part of All persons and vessels in a safety and Budget has not reviewed it under that this rule (e.g., to an amendment, a security zone must obey all directions Order. This rule is not a significant paragraph, or a section) and it is and orders made by the Captain of the regulatory action because it seeks only possible to remove that part without Port, or any other designated on-scene to update the previous regulation with defeating the purpose of this rule, we Coast Guard representative. The Captain the correct and intended coordinates. may adopt, as final, those parts of this of the Port may take possession and These coordinates have already been rule on which no adverse comment was control of any vessel in a security zone marked by buoys, and mariners in the received. We will withdraw the part of and/or remove any person, vessel, surrounding area already know to avoid this rule that was the subject of an article or thing from a security zone. No this zone.

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B. Small Entities employees of the Coast Guard, call or on the distribution of power and Under the Regulatory Flexibility Act 1–888–REG–FAIR (1–888–734–3247). responsibilities between the Federal Government and Indian tribes. (5 U.S.C. 601–612), we have considered D. Collection of Information whether this rule would have a This rule calls for no new collection K. Energy Effects significant economic impact on a of information under the Paperwork We have analyzed this rule under substantial number of small entities. Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions The term ‘‘small entities’’ comprises 3520). Concerning Regulations That small businesses, not-for-profit Significantly Affect Energy Supply, organizations that are independently E. Federalism Distribution, or Use. We have owned and operated and are not A rule has implications for federalism determined that it is not a ‘‘significant dominant in their fields, and under Executive Order 13132, energy action’’ under that order because governmental jurisdictions with Federalism, if the rule has a substantial it is not a ‘‘significant regulatory action’’ populations of less than 50,000. direct effect on State or local under Executive Order 12866 and is not This rule would affect the following governments and would either preempt likely to have a significant adverse effect entities, some of which might be small State law or impose a substantial direct on the supply, distribution, or use of entities: Fishermen, and the owners or cost of compliance on them. We have energy. The Administrator of the Office operators of vessels intending to transit, analyzed this rule under that Order and of Information and Regulatory Affairs fish or anchor in a portion of Cape Cod have determined that it does not have has not designated it as a significant Bay, Massachusetts. However, as stated implications for federalism. energy action. Therefore, it does not above, because mariners have already require a Statement of Energy Effects F. Unfunded Mandates Reform Act been maintaining a certain distance under Executive Order 13211. from the plant, with the assistance of The Unfunded Mandates Reform Act buoys as visual markers, little to no of 1995 (2 U.S.C. 1531–1538) requires L. Technical Standards effect will be realized once the new Federal agencies to assess the effects of The National Technology Transfer regulation is implemented. their discretionary regulatory actions. In and Advancement Act (NTTAA) (15 Therefore, the Coast Guard certifies particular, the Act addresses actions U.S.C. 272 note) directs agencies to use under 5 U.S.C. 605(b) that this rule will that may result in the expenditure by a voluntary consensus standards in their not have a significant economic impact State, local, or tribal government, in the regulatory activities unless the agency on a substantial number of small aggregate, or by the private sector of provides Congress, through the Office of entities. Comments submitted in $100,000,000 or more in any one year. Management and Budget, with an response to this finding will be Though this rule will not result in such explanation of why using these evaluated under the criteria in the expenditure, we do discuss the effects of standards would be inconsistent with ‘‘Regulatory Information’’ section of this this rule elsewhere in this preamble. applicable law or otherwise impractical. preamble. Voluntary consensus standards are G. Taking of Private Property C. Assistance for Small Entities technical standards (e.g., specifications This rule will not effect a taking of of materials, performance, design, or Under section 213(a) of the Small private property or otherwise have operation; test methods; sampling Business Regulatory Enforcement taking implications under Executive procedures; and related management Fairness Act of 1996 (Pub. L. 104–121), Order 12630, Governmental Actions and systems practices) that are developed or we want to assist small entities in Interference with Constitutionally adopted by voluntary consensus understanding this rule so that they can Protected Property Rights. standards bodies. better evaluate its effects on them and This rule does not use technical participate in the rulemaking. If the rule H. Civil Justice Reform standards. Therefore, we did not will affect your small business, This rule meets applicable standards consider the use of voluntary consensus organization, or governmental in sections 3(a) and 3(b)(2) of Executive standards. jurisdiction and you have questions Order 12988, Civil Justice Reform, to M. Environment concerning its provisions or options for minimize litigation, eliminate compliance, please consult Chief ambiguity, and reduce burden. We have analyzed this rule under Eldridge McFadden, U.S. Coast Guard, Department of Homeland Security Sector Boston, Waterways Management I. Protection of Children Management Directive 023–01 and Division; telephone 617–223–5160, e- We have analyzed this rule under Commandant Instruction M16475.lD, mail [email protected]. Executive Order 13045, Protection of which guide the Coast Guard in The Coast Guard will not retaliate Children from Environmental Health complying with the National against small entities that question or Risks and Safety Risks. This rule is not Environmental Policy Act of 1969 complain about this rule or any policy an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and or action of the Coast Guard. does not create an environmental risk to have concluded that this action is one Small businesses may send comments health or risk to safety that may of a category of actions which do not on the actions of Federal employees disproportionately affect children. individually or cumulatively have a who enforce, or otherwise determine significant effect on the human J. Indian Tribal Governments compliance with, Federal regulations to environment. This rule is categorically the Small Business and Agriculture This rule does not have tribal excluded under section 2.B.2, figure 2– Regulatory Enforcement Ombudsman implications under Executive Order 1, paragraph (34)(g) of the Instruction. and the Regional Small Business 13175, Consultation and Coordination This rule involves the correction of Regulatory Fairness Boards. The with Indian Tribal Governments, safety and security zones which were Ombudsman evaluates these actions because it does not have a substantial implemented in a previous regulation. annually and rates each agency’s direct effect on one or more Indian An environmental analysis checklist responsiveness to small business. If you tribes, on the relationship between the and a categorical exclusion wish to comment on actions by Federal Government and Indian tribes, determination are available in the

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docket where indicated under the PART 165—REGULATED NAVIGATION enclosed by a line beginning at position ‘‘Public Participation and Request for AREAS AND LIMITED ACCESS AREAS 41°56′59.3″ N, 070°34′58.5″ W; thence to Comments’’ section of this preamble. 1°57′12.2″ N, 070°34′41.9″ W; thence to ■ 1. The authority citation for part 165 41°56′42.3″ N, 070°34′00.1″ W; thence to List of Subjects in 33 CFR Part 165 continues to read as follows: 41°56′29.5″ N, 070°34′14.5″ W. Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Harbors, Marine safety, Navigation Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; * * * * * (water), Reporting and recordkeeping 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Dated: July 29, 2009. requirements, Security measures, Pub. L. 107–295, 116 Stat. 2064; Department Nathan E. Knapp, Waterways. of Homeland Security Delegation No. 0170.1. ■ 2. Revise § 165.115(a) to read as Commander, U.S. Coast Guard, Captain of ■ For the reasons discussed in the follows: the Port Boston, Acting. preamble, the Coast Guard amends 33 [FR Doc. E9–23754 Filed 10–1–09; 8:45 am] CFR part 165 as follows: § 165.115 Safety and Security Zones; BILLING CODE 4910–15–P Pilgrim Nuclear Power Plant, Plymouth, Massachusetts. (a) Location. All waters of Cape Cod Bay and land adjacent to those waters

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Proposed Rules Federal Register Vol. 74, No. 190

Friday, October 2, 2009

This section of the FEDERAL REGISTER number (RIN) 2590–AA30 by any of the The FHFA invites comments on all contains notices to the public of the proposed following methods: aspects of the proposed regulation, and issuance of rules and regulations. The • E-mail: Comments to Alfred M. will adopt a final regulation with purpose of these notices is to give interested Pollard, General Counsel may be sent by appropriate changes after taking all persons an opportunity to participate in the comments into consideration. Copies of rule making prior to the adoption of the final e-mail at [email protected]. rules. Please include ‘‘RIN 2590–AA30’’ in the all comments will be posted on the subject line of the message. Internet Web site at https:// • Federal eRulemaking Portal: http:// www.fhfa.gov. In addition, copies of all FEDERAL HOUSING FINANCE BOARD www.regulations.gov. Follow the comments received will be available for instructions for submitting comments. If examination by the public on business 12 CFR Parts 985 and 989 you submit your comment to the days between the hours of 10 a.m. and Federal eRulemaking Portal, please also 3 p.m., at the Federal Housing Finance FEDERAL HOUSING FINANCE send it by e-mail to FHFA at Agency, Fourth Floor, 1700 G Street, AGENCY [email protected] to ensure timely NW., Washington, DC 20552. To make receipt by the agency. an appointment to inspect comments, 12 CFR Parts 1273 and 1274 • U.S. Mail, United Parcel Service, please call the Office of General Counsel Federal Express, or Other Mail Service: at 202–414–6924. RIN 2590–AA30 The mailing address for comments is: Dated: September 29, 2009. Alfred M. Pollard, General Counsel, Board of Directors of Federal Home Edward J. DeMarco, Attention: Comments/RIN 2590–AA30, Loan Bank System Office of Finance Acting Director, Federal Housing Finance Federal Housing Finance Agency, Agency. AGENCY: Federal Housing Finance Fourth Floor, 1700 G Street, NW., [FR Doc. E9–23821 Filed 10–1–09; 8:45 am] Agency, Federal Housing Finance Washington, DC 20552. BILLING CODE 8070–01–P Board. • Hand Delivery/Courier: The hand ACTION: Notice of proposed rulemaking; delivery address is: Alfred M. Pollard, extension of comment period. General Counsel, Attention: Comments/ DEPARTMENT OF TRANSPORTATION RIN 2590–AA30, Federal Housing SUMMARY: Governed by the Federal Finance Agency, Fourth Floor, 1700 G Federal Aviation Administration Housing Finance Agency’s (FHFA) Street, NW., Washington, DC 20552. The regulations, the Federal Home Loan package should be logged at the Guard 14 CFR Part 25 Bank System’s (System) Office of Desk, First Floor, on business days [Docket No. NM413 Special Conditions No. Finance (OF), issues debt (‘‘consolidated between 9 a.m. and 5 p.m. 25–09–09–SC] obligations’’) on which the Federal FOR FURTHER INFORMATION CONTACT: Home Loan Banks (Banks) are jointly Joseph A. McKenzie, 202–408–2845, Special Conditions: Boeing Model and severally liable and publishes Division of Federal Home Loan Bank 747–8/–8F Airplanes, Systems and combined financial reports on the Regulation, Federal Housing Finance Data Networks Security—Protection of Banks. The OF is governed by a board Agency, 1625 Eye Street, NW., Airplane Systems and Data Networks of directors, the composition and Washington, DC 20006; or Neil Crowley, From Unauthorized External Access functions of which are determined by Deputy General Counsel, 202–343–1316, AGENCY: Federal Aviation FHFA’s regulations. The FHFA’s or Thomas E. Joseph, Senior Attorney- Administration (FAA), DOT. experience with the System and with Advisor, 202–414–3095 (not toll-free the OF’s combined financial reports numbers), Office of General Counsel, ACTION: Notice of proposed special during the recent period of market stress Federal Housing Finance Agency, conditions. suggests that the OF and the System Fourth Floor, 1700 G Street, NW., SUMMARY: This action proposes special could benefit from a reconstituted and Washington, DC 20552. The telephone strengthened board. Consequently, the conditions for the Boeing Model 747–8/ number for the Telecommunications –8F airplane. This airplane will have FHFA published a proposed regulation Device for the Deaf is 800–877–8339. for comment on August 4, 2009, which novel or unusual design features was intended to achieve that end. The SUPPLEMENTARY INFORMATION: On August associated with the architecture and proposal had a comment period of 60 4, 2009, the FHFA published for connectivity capabilities of the days, but the FHFA has decided to comment in the Federal Register a airplane’s computer systems and extend the comment period an proposed regulation to reconstitute and networks, which may allow access to additional 30 days. strengthen the board of directors of the external computer systems and OF. See 74 FR 38564 (August 4, 2009). networks. Connectivity to external DATES: Comments on the proposed The comment period for the proposed systems and networks may result in regulation must be received on or before rule was originally to close on October security vulnerabilities to the airplane’s November 4, 2009. For additional 5, 2009, but the FHFA believes that systems. The applicable airworthiness information, see SUPPLEMENTARY allowing additional time for comments regulations do not contain adequate or INFORMATION. would benefit the agency. The comment appropriate safety standards for these ADDRESSES: You may submit your period is, therefore, being extended an design features. These proposed special comments on the proposed regulation, additional 30 days until November 4, conditions contain the additional safety identified by regulatory information 2009. standards that the Administrator

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considers necessary to establish a level Background include any other model that of safety equivalent to that established On November 4, 2005, The Boeing incorporates the same or similar novel by the existing airworthiness standards. Company, P.O. Box 3707, Seattle, WA or unusual design feature, or should any DATES: Comments must be received on 98124, applied for an amendment to other model already included on the or before November 2, 2009. Type Certificate Number A20WE to same type certificate be modified to include the new Model 747–8 passenger incorporate the same or similar novel or ADDRESSES: Comments on this proposal unusual design feature, the special may be mailed in duplicate to: Federal airplane and the new Model 747–8F freighter airplane. The Model 747–8 and conditions would also apply to the other Aviation Administration, Transport model under § 21.101. Airplane Directorate, Attention: Rules the Model 747–8F are derivatives of the Docket (ANM–113), Docket No. NM413, 747–400 and the 747–400F, Novel or Unusual Design Features 1601 Lind Avenue, SW., Renton, respectively. Both the Model 747–8 and The Boeing Model 747–8/–8F airplane Washington 98057–3356; or delivered in the Model 747–8F are four-engine jet will incorporate the following novel or duplicate to the Transport Airplane transport airplanes that will have a unusual design features: Digital systems Directorate at the above address. All maximum takeoff weight of 975,000 architecture composed of several comments must be marked Docket No. pounds and new General Electric GEnx connected networks. The proposed NM413. Comments may be inspected in –2B67 engines. The Model 747–8 will architecture and network configuration the Rules Docket weekdays, except have 2 flight crews and the capacity to may be used for, or interfaced with, a Federal holidays, between 7:30 a.m. and carry 660 passengers. The Model 747– diverse set of functions, including: 4 p.m. 8F will have 2 flight crews and a zero 1. Flight-safety related control, passenger capacity, although Boeing has communication, and navigation systems FOR FURTHER INFORMATION CONTACT: Will submitted a petition for exemption to Struck, FAA, Airplane and Flight Crew (aircraft control domain), allow the carriage of supernumeraries. 2. Airline business and administrative Interface Branch, ANM–111, Transport The maximum takeoff weight will be support (airline information domain), Airplane Directorate, 1601 Lind 975,000 with up to eight 3. Passenger information and Avenue, SW., Renton, Washington supernumeraries for the 747–8F. entertainment systems (passenger 98057–3356; telephone (425) 227–2764; Type Certification Basis entertainment domain), and facsimile (425) 227–1149. 4. The capability to allow access to or SUPPLEMENTARY INFORMATION: Under the provisions of Title 14, Code by external network sources. of Federal Regulations (14 CFR) 21.17, Comments Invited Boeing must show that the Model Discussion The FAA invites interested persons to 747–8 and 747–8F (hereafter referred as The proposed Model 747–8/–8F participate in this rulemaking by 747–8/–8F) meet the applicable architecture and network configuration submitting written comments, data, or provisions of part 25, as amended by may allow increased connectivity to and views. The most helpful comments Amendments 25–1 through 25–120, access from external network sources reference a specific portion of the except for §§ 25.809(a) and 25.812, and airline operations and maintenance special conditions, explain the reason which will remain at Amendment 25– networks to the aircraft control domain for any recommended change, and 115. These regulations will be and airline information domain. The include supporting data. We ask that incorporated into Type Certificate No. aircraft control domain and airline you send us two copies of written A20WE after type certification approval information domain perform functions comments. of the 747–8/–8F. required for the safe operation and In addition, the certification basis maintenance of the airplane. Previously We will file in the docket all includes other regulations, special these domains had very limited comments we receive as well as a report conditions and exemptions that are not connectivity with external network summarizing each substantive public relevant to these proposed special sources. contact with FAA personnel concerning conditions. The architecture and network these proposed special conditions. The If the Administrator finds that the configuration may allow the docket is available for public inspection applicable airworthiness regulations exploitation of network security before and after the comment closing (i.e., 14 CFR part 25) do not contain vulnerabilities resulting in intentional date. If you wish to review the docket adequate or appropriate safety standards or unintentional destruction, disruption, in person, go to the address in the for the 747–8/–8F because of a novel or degradation, or exploitation of data, ADDRESSES section of this notice unusual design feature, special systems, and networks critical to the between 7:30 a.m. and 4 p.m., Monday conditions are prescribed under the safety and maintenance of the airplane. through Friday, except Federal holidays. provisions of § 21.16. The existing regulations and guidance We will consider all comments we In addition to the applicable material did not anticipate these types receive on or before the closing date for airworthiness regulations and special of airplane system architectures. comments. We will consider comments conditions, the 747–8/–8F must comply Furthermore, 14 CFR regulations and filed late if it is possible to do so with the fuel vent and exhaust emission current system safety assessment policy without incurring expense or delay. We requirements of 14 CFR part 34 and the and techniques do not address potential may change the proposed special noise certification requirements of 14 security vulnerabilities, which could be conditions based on comments we CFR part 36. exploited by unauthorized access to receive. Special conditions, as defined in airplane networks, data buses, and If you want the FAA to acknowledge § 11.19, are issued under § 11.38, and servers. Therefore, these special receipt of your comments on this become part of the type certification conditions and a means of compliance proposal, include with your comments basis under § 21.101. are proposed to ensure that the security a pre-addressed, stamped postcard on Special conditions are initially (i.e., confidentiality, integrity, and which the docket number appears. We applicable to the model for which they availability) of airplane systems is not will stamp the date on the postcard and are issued. Should the type certificate compromised by unauthorized wired or mail it back to you. for that model be amended later to wireless electronic connections.

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Applicability DEPARTMENT OF TRANSPORTATION 2009–0704 and Airspace Docket No. 09– ANM–9) and be submitted in triplicate As discussed above, these proposed Federal Aviation Administration to the Docket Management System (see special conditions are applicable to ADDRESSES section for address and Boeing Model 747–8/–8F airplanes. 14 CFR Part 71 phone number). You may also submit Should Boeing apply at a later date for [Docket No. FAA–2009–0704; Airspace comments through the Internet at a change to the type certificate to Docket No. 09–ANM–9] http://www.regulations.gov. include another model incorporating the Commenters wishing the FAA to same novel or unusual design features, Proposed Amendment to Class E acknowledge receipt of their comments these proposed special conditions Airspace; Riverton, WY on this action must submit with those would apply to that model as well comments a self-addressed stamped AGENCY: Federal Aviation under the provisions of § 21.101. postcard on which the following Administration (FAA), DOT. statement is made: ‘‘Comments to FAA Conclusion ACTION: Notice of proposed rulemaking. Docket No. FAA–2009–0704 and Airspace Docket No. 09–ANM–9’’. The This action affects only certain novel SUMMARY: This action proposes to postcard will be date/time stamped and or unusual design features of the Boeing amend Class E airspace at Riverton Regional Airport, Riverton, WY. returned to the commenter. Model 747–8/–8F airplane. It is not a All communications received on or rule of general applicability. Additional controlled airspace is necessary to accommodate aircraft using before the specified closing date for List of Subjects in 14 CFR Part 25 the VHF Omni-Directional Radio Range comments will be considered before (VOR), Area Navigation (RNAV) Global taking action on the proposed rule. The Aircraft, Aviation safety, Reporting Positioning System (GPS) Standard proposal contained in this action may and recordkeeping requirements. Instrument Approach Procedure (SIAP) be changed in light of comments at Riverton Regional Airport, Riverton, received. All comments submitted will The authority citation for these be available for examination in the Special Conditions is as follows: WY. This will improve the safety of Instrument Flight Rules (IFR) aircraft public docket both before and after the Authority: 49 U.S.C. 106(g), 40113, 44701, executing the VOR (RNAV) GPS (SIAP) closing date for comments. A report 44702, 44704. at Riverton Regional Airport, Riverton, summarizing each substantive public WY. contact with FAA personnel concerned The Proposed Special Conditions with this rulemaking will be filed in the DATES: Comments must be received on docket. Accordingly, the Federal Aviation or before November 16, 2009. Administration (FAA) proposes the ADDRESSES: Send comments on this Availability of NPRMs following special conditions as part of proposal to the U.S. Department of An electronic copy of this document the type certification basis for the Transportation, Docket Operations, may be downloaded through the Boeing Model 747–8/–8F airplane. M–30, West Building Ground Floor, Internet at http://www.regulations.gov. 1. The applicant must ensure Room W12–140, 1200 New Jersey Recently published rulemaking electronic system security protection for Avenue, SE., Washington, DC 20590. documents can also be accessed through the aircraft control domain and airline Telephone (202) 366–9826. the FAA’s Web page at http:// information domain from access by You must identify FAA Docket No. www.faa.gov/airports_airtraffic/ unauthorized sources external to the FAA–2009–0704; Airspace Docket No. air_traffic/publications/ airplane, including those possibly 09–ANM–9, at the beginning of your airspace_amendments/. comments. You may also submit caused by maintenance activity. You may review the public docket comments through the Internet at containing the proposal, any comments 2. The applicant must ensure that http://www.regulations.gov. received, and any final disposition in electronic system security threats from FOR FURTHER INFORMATION CONTACT: person in the Dockets Office (see the external sources are identified and Eldon Taylor, Federal Aviation ADDRESSES section for the address and assessed, and that effective electronic Administration, Operations Support phone number) between 9 a.m. and 5 system security protection strategies are Group, Western Service Center, 1601 p.m., Monday through Friday, except implemented to protect the airplane Lind Avenue, SW., Renton, WA 98057; Federal holidays. An informal docket from all adverse impacts on safety, telephone (425) 203–4537. may also be examined during normal functionality, and continued SUPPLEMENTARY INFORMATION: business hours at the Northwest airworthiness. Mountain Regional Office of the Federal Comments Invited Issued in Renton, Washington, on Aviation Administration, Air Traffic Interested parties are invited to September 23, 2009. Organization, Western Service Area, participate in this proposed rulemaking Operations Support Group, 1601 Lind Jeffrey E. Duven, by submitting such written data, views, Avenue, SW., Renton, WA 98057. Acting Manager, Transport Airplane or arguments, as they may desire. Persons interested in being placed on Directorate, Aircraft Certification Service. Comments that provide the factual basis a mailing list for future NPRM’s should [FR Doc. E9–23753 Filed 10–1–09; 8:45 am] supporting the views and suggestions contact the FAA’s Office of Rulemaking, BILLING CODE 4910–13–P presented are particularly helpful in (202) 267–9677, for a copy of Advisory developing reasoned regulatory Circular No. 11–2A, Notice of Proposed decisions on the proposal. Comments Rulemaking Distribution System, which are specifically invited on the overall describes the application procedure. regulatory, aeronautical, economic, environmental, and energy-related The Proposal aspects of the proposal. The FAA is proposing an amendment Communications should identify both to Title 14 Code of Federal Regulations docket numbers (FAA Docket No. FAA (14 CFR) part 71 by modifying Class E

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airspace at Riverton Regional Airport, PART 71—DESIGNATION OF CLASS A, DEPARTMENT OF LABOR Riverton, WY. Additional controlled B, C, D, AND E AIRSPACE AREAS; AIR airspace is necessary to accommodate TRAFFIC SERVICE ROUTES; AND Employment and Training aircraft using the VOR (RNAV) GPS REPORTING POINTS Administration (SIAP) at Riverton Regional Airport, Riverton, WY. This action would 1. The authority citation for 14 CFR 20 CFR Part 655 enhance the safety and management of part 71 continues to read as follows: aircraft operations at Riverton Regional Wage and Hour Division Airport, Riverton, WY. Authority: 49 U.S.C. 106(g), 40103, 40113, Class E airspace designations are 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 29 CFR Parts 501, 780, and 788 published in paragraph 6005 of FAA 1963 Comp., p. 389. RIN 1205–AB55 Order 7400.9T, signed August 27, 2009, 71.1 [Amended] and effective September 15, 2009, which Temporary Agricultural Employment of 2. The incorporation by reference in is incorporated by reference in 14 CFR H–2A Aliens in the United States; 14 CFR 71.1 of the FAA Order 7400.9T, 71.1. The Class E airspace designation Extension of Comment Period listed in this document will be Airspace Designations and Reporting published subsequently in this Order. Points, signed August 27, 2009, and AGENCY: Employment and Training The FAA has determined that this effective September 15, 2009 is Administration, Wage and Hour proposed regulation only involves an amended as follows: Division, Employment Standards established body of technical Administration, Labor. regulations for which frequent and Paragraph 6005 Class E airspace areas ACTION: Proposed rule; extension of routine amendments are necessary to extending upward from 700 feet or more comment period. keep them operationally current. above the surface of the earth. Therefore, this proposed regulation; (1) * * * * * SUMMARY: The Employment and is not a ‘‘significant regulatory action’’ Training Administration and the under Executive Order 12866; (2) is not ANM WY E5 Riverton, WY [Modified] Employment Standards Administration a ‘‘significant rule’’ under DOT Riverton Regional Airport, WY issued a proposed rule on September 4, Regulatory Policies and Procedures (44 (Lat. 43°03′51″ N., long. 108°27′35″ W.) 2009, to amend its regulations governing FR 11034; February 26, 1979); and (3) Riverton VOR/DME the certification of temporary does not warrant preparation of a (Lat. 43°03′57″ N., long. 108°27′20″ W.) employment of nonimmigrant workers regulatory evaluation as the anticipated That airspace extending upward from 700 in temporary or seasonal agricultural impact is so minimal. Since this is a feet above the surface within an 8.7-mile (H–2A) employment and the routine matter that will only affect air radius of the Riverton Regional Airport and enforcement of the contractual traffic procedures and air navigation, it within 4 miles each side of the Riverton obligations applicable to employers of is certified that this proposed rule, VOR/DME 291° radial extending from the such nonimmigrant workers. The when promulgated, would not have a 8.7-mile radius to 16.6 miles west of the proposed rule provided a comment significant economic impact on a VOR/DME, and within 3.1 miles each side of period for the regulatory text through ° substantial number of small entities the Riverton VOR/DME 123 radial extending October 5, 2009. The agencies have under the criteria of the Regulatory from the 8.7-mile radius to 10.5 miles received several requests to extend the Flexibility Act. southeast of the VOR/DME; that airspace comment period and have decided to The FAA’s authority to issue rules extending upward from 1,200 feet above the extend the comment period for an regarding aviation safety is found in surface within a 21.8-mile radius of the additional 15 days, to October 20, 2009. Title 49 of the U.S. Code. Subtitle 1, Riverton VOR/DME within 8.7 miles east and The comment period for the Paperwork section 106, describes the authority for 6.1 miles west of the Riverton VOR/DME ° Reduction Act portion remains the same the FAA Administrator. Subtitle VII, 016 radial extending from the 21.8-mile as published, i.e. November 5, 2009. Aviation Programs, describes in more radius to 33.1 miles north of the VOR/DME, and within 6.1 miles northeast and 12.7 DATES: The comment period for the detail the scope of the agency’s notice of proposed rulemaking authority. This rulemaking is miles southwest of the Riverton VOR/DME 301° radial extending from the 21.8-mile published September 4, 2009 (74 FR promulgated under the authority 45906) is extended through October 20, described in subtitle VII, part A, subpart radius to 32.2 miles northwest of the VOR/ DME, on the east within an area bounded by 2009. Interested persons are invited to I, section 40103. Under that section, the ° ′ ″ submit written comments on the FAA is charged with prescribing a point beginning at lat. 42 56 30 N., long. 107°59′45″ W.; to lat. 42°54′53″ N., long. proposed rule on or before October 20, regulations to assign the use of the ° ′ ″ ° ′ ″ 2009. airspace necessary to ensure the safety 107 44 31 W.; to lat. 42 42 35 N., long. 107°53′00″ W.; to lat. 42°49′00″ N., long. ADDRESSES: You may submit comments, of aircraft and the efficient use of ° ′ ″ airspace. This regulation is within the 108 06 00 W.; thence to the point of identified by Regulatory Information beginning. scope of that authority as it would Number (RIN) 1205–AB55, by any one * * * * * of the following methods: modify controlled airspace at Riverton • Regional Airport, Riverton, WY. Federal e-Rulemaking Portal Issued in Seattle, Washington, on www.regulations.gov. Follow the Web List of Subjects in 14 CFR Part 71 September 23, 2009. site instructions for submitting Airspace, Incorporation by reference, William Buck, comments. Navigation (air). Acting Manager, Operations Support Group, • Mail: Please submit all written Western Service Center. comments (including disk and CD–ROM The Proposed Amendment [FR Doc. E9–23751 Filed 10–1–09; 8:45 am] submissions) to Thomas Dowd, Accordingly, pursuant to the BILLING CODE 4910–13–P Administrator, Office of Policy authority delegated to me, the Federal Development and Research, Aviation Administration proposes to Employment and Training amend 14 CFR part 71 as follows: Administration, U.S. Department of

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Labor, 200 , NW., FOR FURTHER INFORMATION CONTACT: For ENVIRONMENTAL PROTECTION Room N–5641, Washington, DC 20210. further information regarding 20 CFR AGENCY • Hand Delivery/Courier: Please part 655, contact William L. Carlson, submit all comments to Thomas Dowd, PhD, Office of Foreign Labor 40 CFR Part 52 Administrator, Office of Policy Certification, Employment and Training [EPA–R04–OAR–2005–AL–0002–200913; Development and Research, Administration, U.S. Department of FRL–8959–3] Employment and Training Labor, 200 Constitution Avenue, NW., Administration, U.S. Department of Room N–5641, Washington, DC 20210; Approval and Promulgation of Labor, 200 Constitution Avenue, NW., Telephone (202) 693–3010 (this is not a Implementation Plans: Alabama: Room N–5641, Washington, DC 20210. toll-free number). Individuals with Proposed Approval of Revisions to the Please submit your comments by only hearing or speech impairments may Visible Emissions Rule and Alternative one method. The Department will post access the telephone number above via Proposed Disapproval of Revisions to the Visible Emissions Rule all comments received on http:// TTY by calling the toll-free Federal www.regulations.gov without making Information Relay Service at 1–800– AGENCY: any change to the comments, including Environmental Protection 877–8339. any personal information provided. The Agency (EPA). http://www.regulations.gov Web site is For further information regarding 29 ACTION: Proposed rule. the Federal e-rulemaking portal and all CFR parts 501, 780 and 788, contact SUMMARY: On April 3, 2009, EPA comments posted there are available James Kessler, Farm Labor Branch Chief, granted a February 25, 2009, petition and accessible to the public. The Wage and Hour Division, Employment seeking reconsideration of an October Department cautions commenters not to Standards Administration, U.S. 15, 2008, final action approving a State include their personal information such Department of Labor, 200 Constitution Implementation Plan (SIP) revision as Social Security Numbers, personal Avenue, NW., Room S–3510, regarding the State of Alabama’s visible addresses, telephone numbers, and e- Washington, DC 20210; Telephone (202) emissions rules. As part of its mail addresses in their comments as 693–0070 (this is not a toll-free reconsideration process, EPA is now such submitted information will become number). Individuals with hearing or proposing to either affirm the previous viewable by the public via the http:// speech impairments may access the rulemaking (which approved the www.regulations.gov Web site. It is the telephone number above via TTY by revisions) or, alternatively, amend its responsibility of the commenter to calling the toll-free Federal Information previous rulemaking (i.e., disapproving safeguard his or her information. Relay Service at 1–800–877–8339. the revisions). EPA is seeking public Comments submitted through http:// comment on the issues raised in the www.regulations.gov will not include SUPPLEMENTARY INFORMATION: On petition for reconsideration as well as the commenter’s e-mail address unless September 4, 2009, the Employment and the actions proposed in this notice. EPA the commenter chooses to include that Training Administration and the is also seeking public comment on the information as part of his or her Employment Standards Administration relationship between opacity and comment. of the Department of Labor issued a particulate matter mass emissions. Postal delivery in Washington, DC, Notice of Proposed Rulemaking rule to Following its evaluation of the issues may be delayed due to security amend regulations governing the raised in the petition for concerns. Therefore, the Department certification of temporary employment reconsideration, and any information encourages the public to submit of nonimmigrant workers in temporary submitted during the public comment comments via the Web site indicated or seasonal agricultural (H–2A) process, EPA will take final action above. employment and the enforcement of the either affirming the previous rulemaking Docket: For access to the docket to contractual obligations applicable to or amending the previous rulemaking read background documents or employers of such nonimmigrant and disapproving the revisions to the comments received, go the Federal workers. 74 FR 45906, Sept. 4, 2009. visible emissions portion of Alabama’s eRulemaking portal at http:// The proposed rule provided a comment SIP. www.regulations.gov. The Department period through October 5, 2009. The will also make all the comments it DATES: Comments must be received on agencies have received several requests or before November 16, 2009. receives available for public inspection to extend the comment period and have ADDRESSES: during normal business hours at the decided to extend the comment period Submit your comments, ETA Office of Policy Development and identified by Docket ID No. EPA–R04– to October 20, 2009. Given the Research at the above address. If you OAR–2005–AL–0002, by one of the complexity of the proposed rule and the need assistance to review the comments, following methods: the Department will provide you with level of interest, as well as The 1. www.regulations.gov: Follow the appropriate aids such as readers or print Department’s interest in receiving on-line instructions for submitting magnifiers. The Department will make comments, the comment period is being comments. copies of the rule available, upon extended until October 20, 2009. 2. E-mail: [email protected]. request, in large print and as electronic Signed in Washington, DC, this 29th day of 3. Fax: 404–562–9019. file on computer disk. The Department September 2009. 4. Mail: ‘‘EPA–R04–OAR–2005–AL– will consider providing the proposed Jane Oates, 0002,’’ Regulatory Development Section, rule in other formats upon request. To Assistant Secretary, Employment and Air Planning Branch, Air, Pesticides and schedule an appointment to review the Training Administration. Toxics Management Division, U.S. comments and/or obtain the rule in an Environmental Protection Agency, Shelby Hallmark, alternate format, contact the Office of Region 4, 61 Forsyth Street, SW., Policy Development and Research at Acting Assistant Secretary, Employment Atlanta, Georgia 30303–8960. (202) 693–3700 (VOICE) (this is not a Standards Administration. 5. Hand Delivery or Courier: Lynorae toll-free number) or 1–877–889–5627 [FR Doc. E9–23806 Filed 9–30–09; 11:15 am] Benjamin, Regulatory Development (TTY/TDD). BILLING CODE 4510–FP–P Section, Air Planning Branch, Air,

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Pesticides and Toxics Management electronically through notice explained that the State would Division, U.S. Environmental Protection www.regulations.gov or in hard copy at have to provide EPA with a revised SIP Agency, Region 4, 61 Forsyth Street, the Regulatory Development Section, submittal consistent with certain SW., Atlanta, Georgia 30303–8960. Such Air Planning Branch, Air, Pesticides and changes described by EPA in our April deliveries are only accepted during the Toxics Management Division, U.S. 12, 2007, notice of proposed rulemaking Regional Office’s normal hours of Environmental Protection Agency, before EPA would approve the operation. The Regional Office’s official Region 4, 61 Forsyth Street, SW., revisions. hours of business are Monday through Atlanta, Georgia 30303–8960. EPA EPA provided the public with 60 days Friday, 8:30 to 4:30, excluding Federal requests that, if at all possible, you to submit comments on the April 12, holidays. contact the person listed in the FOR 2007, proposed rule and the specific Instructions: Direct your comments to FURTHER INFORMATION CONTACT section to changes needed to make the Alabama Docket ID No. ‘‘EPA–R04–OAR–2005– schedule your inspection. The Regional submittal approvable into the Alabama AL–0002.’’ EPA’s policy is that all Office’s official hours of business are SIP. At the request of a commenter, EPA comments received will be included in Monday through Friday, 8:30 to 4:30, extended the public comment period by the public docket without change and excluding Federal holidays. 30 days to July 11, 2007. EPA received may be made available online at FOR FURTHER INFORMATION CONTACT: Ms. four comment letters from industry www.regulations.gov, including any Lynorae Benjamin, Chief, Regulatory representatives and one from the State personal information provided, unless Development Section, Air Planning air pollution control agency, all of the comment includes information Branch, Air, Pesticides and Toxics which were in favor of the rulemaking. claimed to be Confidential Business Management Division, Region 4, U.S. EPA received one comment letter, Information (CBI) or other information Environmental Protection Agency, 61 submitted on behalf of four whose disclosure is restricted by statute. Forsyth Street, SW., Atlanta, Georgia environmental groups, opposed to the Do not submit through 30303–8960. The telephone number is approval. In general, comments received www.regulations.gov or e-mail, (404) 562–9041. Ms. Benjamin can also that were adverse to the proposed information that you consider to be CBI be reached via electronic mail at rulemaking expressed concerns related or otherwise protected. The [email protected]. For to air quality impacts (particularly on www.regulations.gov Web site is an information regarding the Alabama SIP, the PM NAAQS), modeling analyses, ‘‘anonymous access’’ system, which contact Mr. Zuri Farngalo at the same EPA’s technical assessment of the means EPA will not know your identity address listed above. The telephone relationship between opacity and PM or contact information unless you number is (404) 562–9152. Mr. Farngalo mass emissions, and application of provide it in the body of your comment. can also be reached via electronic mail Section 110(l) of the Clean Air Act If you send an e-mail comment directly at [email protected]. (CAA). These comments, and EPA’s to EPA without going through SUPPLEMENTARY INFORMATION: responses to them, are discussed in www.regulations.gov, your e-mail Table of Contents more detail in EPA’s final action on address will be automatically captured Alabama’s SIP revisions taken on and included as part of the comment I. What Is the Background for This Action? October 15, 2008 (73 FR 60957). that is placed in the public docket and II. What Are EPA’s Current Proposals? Following the close of the comment made available on the Internet. If you A. Proposal to Affirm the October 15, 2008, period, EPA and ADEM discussed some Action and Approve the 2003/2008 submit an electronic comment, EPA of the issues raised by the commenters, recommends that you include your Submittals including comments regarding the name and other contact information in B. Proposal To Amend the October 15, potential impact of a revised visible the body of your comment and with any 2008, Action and Disapprove the 2003/ 2008 Submittals emissions rule on attainment of the disk or CD–ROM you submit. If EPA III. What Additional Information Would EPA PM NAAQS in Alabama. Documents cannot read your comment due to 2.5 Like To Receive? memorializing these conversations are technical difficulties and cannot contact IV. Proposed Actions part of the docket for EPA’s final action. you for clarification, EPA may not be V. Statutory and Executive Order Reviews As a result of these discussions, ADEM able to consider your comment. I. What Is the Background for This decided to submit the necessary Electronic files should avoid the use of Action? revisions proposed by EPA in the April special characters, any form of encryption, and be free of any defects or On September 11, 2003, the Alabama 2007 Federal Register notice to support viruses. For additional information Department of Environmental final approval. These revisions, about EPA’s public docket visit the EPA Management (ADEM) submitted a submitted to EPA on August 22, 2008 Docket Center homepage at http:// request for EPA approval of a SIP (2008 Submittal), and the 2003 www.epa.gov/epahome/dockets.htm. submittal (2003 Submittal) containing Submittal amend the requirements for Docket: EPA has established a docket proposed revisions to the visible units that are required to operate for this action under Docket emissions portion of the Alabama SIP, continuous opacity monitoring systems Identification No. EPA–R04–OAR– found at ADEM Administrative Code (COMS) and that are not subject to any 2005–AL–0002. All documents in the Chapter 335–3–4–.01, ‘‘Visible opacity limits other than those of the docket are listed on the Emissions,’’ and pertaining to sources of Alabama SIP. ADEM also decided to www.regulations.gov index. Although particulate matter (PM) emissions. In an include an additional limitation on listed in the index, some information is action published on April 12, 2007 (72 opacity based on public comments on not publicly available, i.e., CBI or other FR 18428), EPA proposed to approve the EPA’s proposal. This additional information whose disclosure is proposed revisions contingent upon provision limits subject sources to a restricted by statute. Certain other Alabama submitting a revised SIP daily opacity average of no more than 22 material, such as copyrighted material, submittal addressing EPA’s concerns percent, excluding periods of startup, is not placed on the Internet and will be regarding impacts of the rule changes on shutdown, load change and rate change publicly available only in hard copy attainment of the National Ambient Air (or other short intermittent periods form. Publicly available docket Quality Standards (NAAQS), as set forth upon terms approved by ADEM’s materials are available either in 72 FR 18428–18434. EPA’s proposal Director and included in a State-issued

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permit).1 For further information about revisions; and (7) that the petition also The Administrator shall not approve the technical details regarding the SIP incorporated the original petition a revision of a [SIP] if the revision revisions, see EPA’s October 15, 2008, issues.2 Both petitions are included in would interfere with any applicable final action (73 FR 60957). The 2003 the docket for this action. requirement concerning attainment and Submittal and the 2008 Submittal are In the letter granting the February reasonable further progress (as defined referred to collectively in this notice as 2009 petition for reconsideration, EPA in section 7501 of this title), or any the ‘‘2003/2008 Submittals.’’ committed to conduct this other applicable requirement of [the On October 15, 2008, EPA took final reconsideration through a new Act]. action to incorporate into the Alabama rulemaking process. Through this SIP, Alabama’s revisions to its visible process, which begins with this public In evaluating whether a SIP revision emissions rule (the rule changes notice, EPA is allowing for public would interfere with attainment or included in the 2003/2008 Submittals). comment and will make a determination maintenance, as required by section 73 FR 60957. This final action was either affirming its previous action and 110(l), EPA generally considers whether effective on November 14, 2008. By its approving the revisions or amending the the SIP revision will allow for an terms, the Alabama state rule change previous action and disapproving the increase in actual emissions to the air became effective (and thus applicable to revisions. over what is allowed under the existing sources) on May 14, 2009. federally-approved SIP.4 EPA has Following the October 2008 final II. What Are EPA’s Current Proposals? concluded that preservation of the action, EPA received two petitions for A. Proposal To Affirm the October 15, status quo air quality during the time reconsideration submitted on behalf of 2008, Action and Approve the 2003/ new attainment or maintenance the Alabama Environmental Council 2008 Submittals demonstrations are being prepared will and other parties (Petitioners). The first As was discussed in EPA’s October prevent interference with CAA petition for reconsideration, dated 15, 2008, rulemaking, EPA believes that requirements, including the States’ December 12, 2008, raised procedural the primary issue in considering obligations to develop timely and substantive concerns with EPA’s whether these SIP revisions were demonstrations. EPA does not believe October 15, 2008, final action, and was approvable was determining whether that areas must produce a complete denied by EPA via letter on January 15, the approval of the revisions was demonstration to make any revisions to 2009. The second petition, dated consistent with section 110(l) of the the SIP, provided the status quo air February 25, 2009, raised additional CAA. In particular, determination of quality is preserved. The 2003/2008 Submittals at issue procedural and substantive issues. EPA consistency with section 110(l) depends were the subject of extensive granted the second petition via letter on upon whether the proposed revisions April 3, 2009. The main issues raised by consideration because the question of would interfere with attainment of the the February 25, 2009, petition can be whether they were expected to result in NAAQS by increasing emissions of summarized as follows: (1) That EPA an increase in emissions of criteria PM .3 Section 110(l) of the CAA ignored Petitioners’ December 31, 2008, 2.5 pollutants, particularly PM , was a provides in part that: 2.5 comments regarding the DC Circuit’s difficult issue to analyze technically. vacatur of the 40 CFR part 63 provisions 2 The original petition raised approximately eight Opacity itself is not a criteria pollutant. pertaining to startup, shutdown, and issues summarized as follows: (1) EPA was arbitrary Rather, opacity may be defined as the malfunction and its impact on the and capricious in failing to reopen the public degree to which emissions reduce the opacity SIP revision; (2) that a new comment period when ADEM made changes to the transmission of light and obscure the comment period was required because rule after the close of the public comment period; (2) EPA was arbitrary and capricious in deviating view of an object in the background. the 2007 proposal was not approvable from rulemaking policy regarding documentation of (See 40 CFR 60.2.) Opacity requirements ‘‘as is’’; (3) that EPA’s conclusion that post-comment period meetings between EPA and are significant environmentally for greater opacity does not necessarily ADEM and failing to meet with Petitioners in many reasons, including that they may mean greater PM emissions was addition to ADEM; (3) EPA was arbitrary and capricious in proposing to approve a SIP revision be used as an indicator of the irrational; (4) that EPA failed to make an before the rule had even been developed at the State effectiveness of emission controls for ‘‘appropriate inquiry’’ under section level; (4) EPA failed to comply with rulemaking PM emissions. Opacity may also be used 110(l) and 40 CFR 51.112 to protect the procedures by failing to complete the docket prior to assist with implementation and NAAQS—there was no equivalency to finalizing the rulemaking action; (5) the rule does not represent reasonably available control enforcement of PM emission standards. determination, only reliance on technology (RACT) which is required because EPA’s prior approval notice provides uncertainty; (5) that documents received Alabama has PM2.5 nonattainment areas; (6) EPA’s extensive discussion of the reasons why as part of a Freedom of Information Act approval was not consistent with either section EPA concluded in that notice that request indicate that some groups were 110(l) or 193 due to likely increases in short-term section 110(l) had been satisfied. 73 FR PM emissions; (7) EPA’s final action was not 5 given more access to the rulemaking consistent with EPA policies on excess emissions 60957 (October 15, 2008). In particular, than others, thus supporting the and director’s discretion; and (8) the final rule does EPA stated as grounds for this reopening of the public comment not comply with 40 CFR Part 51 because it is not conclusion that: ‘‘(1) The revision period; (6) that if the public comment an ‘‘appropriate’’ visible emission limitation. would not increase the allowable period were reopened, EPA would be 3 EPA’s view has been that if the SIP revision does presented with information that would not interfere with attainment or maintenance of the PM2.5 NAAQS, then it is unlikely to interfere with whether there are other applicable requirements compel EPA to disapprove the SIP other applicable requirements. For example, if EPA that require independent analysis under section concludes that actual emissions of PM2.5 allowed 110(l) or other portions of the CAA. 4 1 The director’s discretion provisions under under the SIP are not increasing as a result of the EPA also accepts modeling demonstrations, as Alabama rule 335–3–4–.01(1)(c) and (d) would be SIP revision, then no additional control when an area is seeking approval of a maintenance unchanged by this SIP revision, so periods of excess requirements would be required under section 193 plan, and in some cases (for areas designated emissions allowed in a permit pursuant to those (assuming it otherwise applies to this action). attainment) EPA has accepted an analysis provisions would continue to be allowed, as noted Similarly, EPA anticipates that if the opacity demonstrating that the SIP revision will not here. EPA notes that, as the director’s discretion standard is consistent with attainment of the interfere with maintenance or other CAA provisions are not being revised by ADEM or NAAQS, then it would be an ‘‘appropriate’’ requirements. reviewed by EPA at present, nothing in this notice standard for purposes of Part 51, and would not 5 In addition, the Response to Comment should be considered as endorsing those previously interfere with other applicable requirements such as document prepared by EPA for the final rule also approved provisions. RACT. EPA solicits comment on these issues and addressed several issues raised by Petitioners.

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average opacity levels; and (2) the Section 110(l) because, petitioners The petition for reconsideration relationship between changes in opacity explain, the ‘‘bundling of high opacity outlines several reasons why petitioners and increases or decreases in ambient periods’’ would result in increases in believe the 2003/2008 Submittals are PM2.5 levels cannot be quantified readily PM mass emissions, thus ‘‘interfering’’ not approvable, including (in for the sources subject to this SIP with attainment and maintenance of the paraphrase): (1) The 22 percent average revision, and is particularly uncertain PM NAAQS. daily opacity cap is illegal because it for short-term analyses.’’ 73 FR 60959. The 2003/2008 Submittals allow for incorporates automatic exemptions, as In light of the issues raised in the higher maximum opacity levels from the does the rest of the opacity rule, making February 2009 petition for applicable facilities that were not it illegal under the DC Circuit’s decision reconsideration, including Petitioners’ previously authorized. In some cases, in Sierra Club v. EPA, 551 F.3d 1019 arguments regarding the need to these increases may be up to 100 (DC Cir. 2008) (vacating certain complete an equivalency determination percent opacity. These visible emissions provisions in 40 CFR part 63 regarding under section 110(l), and the concerns of up to 100 percent opacity for a certain periods of startup, shutdown, and about the nature of the relationship period of time will be considered malfunction); (2) the 22 percent average between opacity and PM, EPA is lawful—a distinct difference between daily opacity cap provision does not reconsidering and soliciting comment the 2003/2008 SIP proposal and the represent RACT; (3) approval of the 22 on its conclusion that the SIP revisions previous SIP-approved rule. These types percent average daily opacity cap satisfied the requirements of section of emissions will be allowed from provision was illegal because there is no 110(l). If EPA concludes, following approximately 19 facilities affected by support for the proposition that public comment on this reconsideration the rule change, including older coal- allowing bundling of high opacity notice, that these two grounds remain fired utilities, cement manufacturing periods would allow no more an appropriate basis for approving the facilities, and pulp and paper facilities, particulate than the old regulatory SIP revisions as meeting the among others. Some of the affected scheme which allowed 40 percent requirements of section 110(l), and facilities are located in or near the opacity once per hour; and (4) the 22 concludes that Petitioners have not Birmingham, Alabama, area, which is percent average daily opacity cap identified other issues that lead to the currently designated as nonattainment provision would still allow the bundling conclusion that the SIP revisions of high opacity periods, thereby failing for PM2.5. Alabama also has a partial interfere with any applicable county that is part of the Chattanooga, to ensure compliance with three-hour requirement of the CAA, then EPA Tennessee, PM nonattainment area, mass emission limitations. 2.5 Based on the information received to anticipates that it would affirm its prior and one of the affected facilities is date, EPA believes that increases or approval of the SIP revisions. located near that area. In addition, the Thus, EPA is now accepting comment decreases in PM emissions based on Birmingham area currently has a 2.5 on our previously articulated basis for short-term increases in opacity cannot monitor that has registered design approving the 2003/2008 Submittals, on be quantified readily for the sources values above the 1997 8-hour ozone the issues raised in the February 2009 subject to this SIP revision. There are standard and is considered in violation petition for reconsideration, and how several contributors to the uncertainties of that NAAQS. As a result of the ozone the issues raised in the February 2009 associated with relating mass emissions violation, Alabama submitted a SIP petition may impact EPA’s previous to increases in opacity, including: (1) revision, which was approved in a July basis for approving the 2003/2008 Differences between combustion 30, 2009, rulemaking (74 FR 37977) to Submittals. technology characteristics and fuel adopt contingency measures for the components, (2) differences in control B. Proposal To Amend the October 15, Birmingham area. technology types, temperatures at which 2008, Action and Disapprove the 2003/ As was discussed earlier in this they operate, and load characteristics, 2008 Submittals notice, both Alabama’s previous visible (3) the recognition that both opacity and In the February 25, 2009, petition for emissions rule and the revised rule mass emissions are subject to significant reconsideration, Petitioners lay out their allow for opacity of 100 percent for variability over short periods of time rationale for why EPA should amend periods of startup, shutdown, load and fluctuations such that one may act the October 2008 rulemaking and change and rate change (or other short independently of the other, and (4) disapprove for the 2003/2008 intermittent periods upon terms differences between the mass of Submittals. As part of the current approved by ADEM’s Director and particles that exists at the point of reconsideration process, EPA is (1) included in a State-issued permit). The opacity measurement by the COMS (e.g., outlining the following rationale, which previous rule, however, did not in the stack) and the direct PM2.5 that could form the basis for amending the otherwise allow for opacity of 100 forms immediately upon exiting the October rulemaking action; (2) percent and allowed, instead, for stack (that are related to fuel proposing to amend the October opacity of up to 40 percent for one six- components more than to control rulemaking and disapprove the 2003/ minute period per hour. Thus, in technology). 2008 Submittals based on the discussion addition to periods of startup, A significant issue for these SIP below, and any other issues that may shutdown, load change and rate change revisions is the degree of uncertainty come to light as part of the public (or other short intermittent periods), the that exists, and how to apply section comment received through this notice; revised Alabama rule allows the same 110(l) in the event EPA determines there and (3) taking comment on this maximum time of excess opacity in a is extreme uncertainty based on proposed alternate disapproval action single day (up to 144 minutes per day) currently available data. Alabama has and rationale. as the previous SIP-approved rule. The not provided EPA with an affirmative revised rule allows for an increase in the demonstration that the 2003/2008 Rationale for Proposed Disapproval upper limit from 40 percent opacity to Submittals will not interfere with The most significant issue raised by 100 percent opacity. Further, the revised attainment and maintenance of the petitioners in the February 25, 2009, rule allows for a daily aggregate of the NAAQS, reasonable further progress, or petition is that approval of the 2003/ 24 six-minute periods per day as any other applicable requirement of the 2008 Submittals was not consistent with opposed to 24 hourly periods per day. CAA—particularly for facilities located

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in or near PM nonattainment areas. monitoring systems, along with fuel V. Statutory and Executive Order Petitioners argue that in order to analyses, process data, control device Reviews preserve the integrity of the SIP revision descriptions, and operational data; A. Executive Order 12866, Regulatory process, section 110(l) requires more • Concurrent opacity and PM Planning and Review than mere uncertainty, i.e., an inability emissions measurements, along with B. Paperwork Reduction Act to predict with confidence, based on fuel analyses, process data, control C. Regulatory Flexibility Act current data, the effect of changes on the device descriptions, and operational D. Unfunded Mandates Reform Act opacity standard with respect to data; E. Executive Order 13132, Federalism attainment of the NAAQS. Rather, F. Executive Order 13175, Coordination With • Information on relationships, section 110(l) requires an affirmative Indian Tribal Governments conclusion that the revision at issue will empirical or modeled, between opacity G. Executive Order 13045, Protection of not interfere with any NAAQS or and PM emissions (both filterable and Children From Environmental Health condensable), such as statistical Risks and Safety Risks applicable requirement. Thus, one H. Executive Order 13211, Actions That possible approach suggested by the analyses that attempt to relate or correlate opacity with PM emissions Significantly Affect Energy Supply, petition would be to conclude that the Distribution, or Use SIP revisions could not be approved (both filterable and condensable); • I. National Technology Transfer and until additional data and analysis (e.g., Data on conditions—such as those Advancement Act source-specific testing) was submitted associated with fuel, source, that provided a reasonable basis for combustion, load, control, or particle A. Executive Order 12866, Regulatory concluding that the revision would not characteristics—under which Planning and Review interfere with applicable requirements. relationships exist between opacity and The Office of Management and Budget This approach would provide protection PM emissions; (OMB) has exempted this regulatory for the NAAQS, consistent with the • Other parameters that can be action from Executive Order 12866, overall goals of the CAA. EPA solicits measured and related to PM emissions; entitled ‘‘Regulatory Planning and comment on this approach, particularly • Relationships between opacity and Review.’’ if the uncertainty (based on the particle size, especially for fine PM; B. Paperwork Reduction Act available record) is too great to provide • a basis for concluding that the SIP Benefit and/or cost information on Under the Paperwork Reduction Act, revisions are likely to interfere with compliance methods that measure PM 44 U.S.C. 3501 et seq., OMB must on a direct, continuous basis and timely attainment of the PM2.5 NAAQS, approve all ‘‘collections of information’’ as a basis to amend and disapprove of methods that rely on indicators, such as by EPA. The Act defines ‘‘collection of the 2003/2008 Submittals. opacity, and/or rely on ongoing but information’’ as a requirement for infrequent PM emissions testing; and ‘‘answers to * * * identical reporting or III. What Additional Information • Any data supporting the particular recordkeeping requirements imposed on Would EPA Like To Receive? issues raised in the petition for ten or more persons * * *’’ 44 U.S.C. The relationship between opacity and reconsideration. 3502(3)(A). PM mass emissions is a key component EPA is now accepting public C. Regulatory Flexibility Act to evaluating the October 2008 comment on the various bases identified The Regulatory Flexibility Act (RFA) rulemaking under Section 110(l). Thus, in the petition for reconsideration, or generally requires an agency to conduct in addition to soliciting comments on that otherwise may be articulated, for a regulatory flexibility analysis of any the above proposals, EPA is also seeking amending the October rulemaking and rule subject to notice and comment comment on the relationship between disapproving the 2003/2008 Submittals. opacity and the NAAQS (the PM10 and rulemaking requirements unless the PM2.5 NAAQS in particular). This IV. Proposed Actions agency certifies that the rule will not information will help EPA gather have a significant economic impact on additional information regarding This rulemaking is part of EPA’s a substantial number of small entities. petitioners’ claims and Section 110(l). reconsideration process on our October Small entities include small businesses, EPA specifically seeks public comment 15, 2008, final action approving small not-for-profit enterprises, and on the nature of the relationship Alabama’s visible emissions SIP small governmental jurisdictions. between opacity and PM mass revisions. EPA is seeking public This rule will not have a significant emissions over both the short and long comment on proposals to affirm our impact on a substantial number of small term and when the opacity and PM prior action, which approved the SIP entities because SIP proposals under mass emissions may have a predictable revisions, or amend and disapprove the section 110 and subchapter I, part D of relationship to one another (e.g., when revisions to Alabama SIP rule 335–3–4– the CAA do not create any new an opacity level of a certain amount .01 (‘‘Visible Emissions’’), submitted requirements but simply propose would predict a PM mass emission of initially in 2003 and significantly approval of requirements that the State another certain amount). The public is revised and re-submitted on August 22, is already imposing. Therefore, because encouraged to provide the following 2008. the Federal SIP approval or disapproval types of data and analyses to assist with The public is encouraged to submit proposals do not create any new EPA’s reconsideration of its action on any comments that it would like EPA to requirements, I certify that this action the 2003/2008 Submittals. Source- specifically respond to as part of this will not have a significant economic specific data from Alabama facilities reopening of the public comment impact on a substantial number of small affected by the 2003/2008 Submittals period. The October 15, 2008, final entities. would provide particularly pertinent action remains in effect at this time. The Moreover, due to the nature of the information; however, the following list Docket for this reopening has been Federal-State relationship under the of data/information would assist EPA in populated with all the relevant CAA, preparation of flexibility analysis its analysis of the submittals: information and is available would constitute Federal inquiry into • Concurrent measurements from electronically and in hardcopy in the the economic reasonableness of State COMS and PM continuous emission Region 4 Office. action. The CAA forbids EPA to base its

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actions concerning SIPs on such governments, or EPA consults with the planned rule on children, and grounds. Union Electric Co., v. U.S. State and local officials early in the explain why the planned regulation is EPA, 427 US 246, 255–66 (1976); 42 process of developing the proposed preferable to other potentially effective U.S.C. 7410(a)(2). regulation. EPA also may not issue a and reasonably feasible alternatives regulation that has federalism D. Unfunded Mandates Reform Act considered by the Agency. implications and that preempts State This rule is not subject to Executive Under sections 202 of the Unfunded law unless the Agency consults with Mandates Reform Act of 1995 State and local officials early in the Order 13045 because it does not involve (Unfunded Mandates Act), signed into process of developing the proposed decisions intended to mitigate law on March 22, 1995, EPA must regulation. environmental health or safety risks. prepare a budgetary impact statement to This rule will not have substantial H. Executive Order 13211, Actions That accompany any proposed or final rule direct effects on the States, on the Significantly Affect Energy Supply, that includes a Federal mandate that relationship between the national Distribution, or Use may result in estimated costs to State, government and the States, or on the local, or tribal governments in the distribution of power and This rule is not subject to Executive aggregate; or to the private sector, of responsibilities among the various Order 13211, ‘‘Actions Concerning $100 million or more. Under section levels of government, as specified in Regulations That Significantly Affect 205, EPA must select the most cost- Executive Order 13132, because it Energy Supply, Distribution, or Use’’ (66 effective and least burdensome merely proposes to approve or FR 28355, May 22, 2001) because it is alternative that achieves the objectives disapprove a State rule implementing a not a significant regulatory action under of the rule and is consistent with federal standard, and does not alter the Executive Order 12866. statutory requirements. Section 203 relationship or the distribution of power requires EPA to establish a plan for and responsibilities established in the I. National Technology Transfer and informing and advising any small CAA. Thus, the requirements of section Advancement Act governments that may be significantly 6 of the Executive Order do not apply or uniquely impacted by the rule. to this rule. Section 12 of the National Technology EPA has determined that the approval Transfer and Advancement Act F. Executive Order 13175, Coordination or disapproval action proposed does not (NTTAA) of 1995 requires Federal With Indian Tribal Governments include a Federal mandate that may agencies to evaluate existing technical result in estimated costs of $100 million Executive Order 13175, entitled standards when developing a new or more to either State, local, or tribal ‘‘Consultation and Coordination with regulation. To comply with NTTAA, governments in the aggregate, or to the Indian Tribal Governments’’ (65 FR EPA must consider and use ‘‘voluntary private sector. This Federal action 67249, November 9, 2000), requires EPA consensus standards’’ (VCS) if available proposes to approve or disapprove pre- to develop an accountable process to and applicable when developing existing requirements under State or ensure ‘‘meaningful and timely input by programs and policies unless doing so local law, and imposes no new tribal officials in the development of would be inconsistent with applicable requirements. Accordingly, no regulatory policies that have tribal law or otherwise impractical. additional costs to State, local, or tribal implications.’’ This proposed rule does governments, or to the private sector, not have tribal implications, as specified The EPA believes that VCS are result from this action. in Executive Order 13175. This inapplicable to this action. Today’s action does not require the public to E. Executive Order 13132, Federalism proposed rule will not have substantial direct effects on tribal governments, on perform activities conducive to the use Federalism (64 FR 43255, August 10, the relationship between the Federal of VCS. 1999) revokes and replaces Executive government and Indian tribes, or on the Orders 12612 (Federalism) and 12875 distribution of power and List of Subjects in 40 CFR Part 52 (Enhancing the Intergovernmental responsibilities between the Federal Partnership). Executive Order 13132 Environmental protection, Air government and Indian tribes. Thus, pollution control, Carbon monoxide, requires EPA to develop an accountable Executive Order 13175 does not apply process to ensure ‘‘meaningful and Incorporation by reference, to this rule. Intergovernmental relations, Lead, timely input by State and local officials EPA specifically solicits additional Nitrogen dioxide, Ozone, Particulate in the development of regulatory comment on this proposed rule from policies that have federalism tribal officials. matter, Reporting and recordkeeping implications.’’ ‘‘Policies that have requirements, Sulfur oxides, Volatile federalism implications’’ is defined in G. Executive Order 13045, Protection of organic compounds. the Executive Order to include Children From Environmental Health Risks and Safety Risks Dated: September 10, 2009. regulations that have ‘‘substantial direct Stanley Meiburg, effects on the States, on the relationship Protection of Children from between the national government and Environmental Health Risks and Safety Acting Regional Administrator, Region 4. the States, or on the distribution of Risks (62 FR 19885, April 23, 1997), [FR Doc. E9–23793 Filed 10–1–09; 8:45 am] power and responsibilities among the applies to any rule that: (1) Is BILLING CODE 6560–50–P various levels of government.’’ Under determined to be ‘‘economically Executive Order 13132, EPA may not significant’’ as defined under Executive issue a regulation that has federalism Order 12866, and (2) concerns an implications, that imposes substantial environmental health or safety risk that direct compliance costs, and that is not EPA has reason to believe may have a required by statute, unless the Federal disproportionate effect on children. If government provides the funds the regulatory action meets both criteria, necessary to pay the direct compliance the Agency must evaluate the costs incurred by State and local environmental health or safety effects of

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ENVIRONMENTAL PROTECTION will be automatically captured and SJV area as meeting the applicable 1- AGENCY included as part of the public comment. hour requirements as provided under If EPA cannot read your comment due the CAA and interpreted in the Phase 1 40 CFR Part 52 to technical difficulties and cannot Rule for attainment demonstrations, contact you for clarification, EPA may rate-of-progress (ROP) demonstrations [EPA–R09–OAR–2008–0693; FRL–8965–2] not be able to consider your comment. and related contingency measures, and Approval and Promulgation of Docket: The index to the docket for other control requirements. EPA also Implementation Plans: 1-Hour Ozone this action is available electronically at proposed to disapprove the contingency Attainment Contingency Measures for http://www.regulations.gov and in hard measures that would take effect if the the San Joaquin Valley, CA copy at EPA Region 9, 75 Hawthorne area failed to attain the 1-hour ozone Street, San Francisco, California. While standard by the applicable attainment AGENCY: Environmental Protection all documents in the docket are listed in date. A complete discussion of EPA’s Agency (EPA). the index, some information may be proposed actions is in the July 14, 2009 ACTION: Proposed rule. publicly available only at the hard copy proposal. location (e.g., copyrighted material), and The three SIP submissions that are the SUMMARY: On July 14, 2009, EPA some may not be publicly available in subject of our July 14, 2008 proposal proposed to disapprove the attainment either location (e.g., CBI). To inspect the are, first, the ‘‘Extreme Ozone contingency measures in the extreme hard copy materials, please schedule an Attainment Demonstration Plan’’ area plan for attainment of the 1-hour appointment during normal business adopted by the San Joaquin Valley Air ozone standard in California’s San hours with the contact listed in the FOR Pollution Control District (SJVAPCD) in Joaquin Valley. EPA is now proposing to FURTHER INFORMATION CONTACT section. 2004 and amended in 2005. We refer to approve these contingency measures FOR FURTHER INFORMATION CONTACT: the plan and its amendment, and to withdraw its proposed Frances Wicher, U.S. EPA Region 9, collectively, as the ‘‘2004 SIP’’ in this disapproval. This proposed approval is 415–972–3957, Office of Air Planning proposed rule. The 2004 SIP addresses based on technical information (AIR–2), U.S. Environmental Protection CAA requirements for extreme 1-hour provided to EPA by the California Air Agency, Region 9, 75 Hawthorne Street, ozone areas including control measures, Resources Board. San Francisco, CA 94105–3901, ROP and attainment demonstrations, DATES: Comments must be submitted by [email protected]. and contingency measures. The second SIP submission addressed November 2, 2009. SUPPLEMENTARY INFORMATION: ADDRESSES: Submit comments, Throughout this document, the terms in the July 14 proposal, is identified by docket number EPA–R09– ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ mean U.S. EPA. ‘‘Clarifications Regarding the 2004 OAR–2008–0693, by one of the Extreme Ozone Attainment following methods: I. Summary of EPA’s July 14, 2009 Demonstration Plan’’ (2008 1. Agency Web site: http:// Proposed Action on the SJV 1-Hour Clarifications) adopted by the SJVAPCD www.regulations.gov. EPA prefers Ozone Plan in 2008. The 2008 Clarifications provide receiving comments through this On July 14, 2009 at 74 FR 33933, EPA updates to the 2004 SIP related to electronic public docket and comment proposed to approve in part and reasonably available control technology system. Follow the online instructions disapprove in part State implementation (RACT) measures adopted by the to submit comments. plan (SIP) revisions submitted to EPA SJVAPCD, the ROP demonstrations, and 2. Federal eRulemaking Portal: by the State of California. California contingency measures. http://www.regulations.gov. Follow the made these submittals to meet the Clean The third SIP submission addressed online instructions. Air Act (CAA) requirements applicable in the July 14 proposal is the ‘‘2003 3. E-mail: [email protected]. to the San Joaquin Valley, California State and Federal Strategy for the 4. Mail or deliver: Ms. Marty Robin, ozone nonattainment area (SJV area). California State Implementation Plan,’’ Office of Air Planning (AIR–2), U.S. The SJV area became subject to these adopted by the California Air Resources Environmental Protection Agency, requirements following its 2004 Board (ARB) in October, 2003 (2003 Region 9, 75 Hawthorne Street, San reclassification from severe to extreme State Strategy). This strategy document, Francisco, CA 94105–3901. for the 1-hour ozone national ambient as modified by the ARB resolution Instructions: All comments will be air quality standard (NAAQS). 69 FR adopting it, identifies ARB’s regulatory included in the public docket without 20550 (April 15, 2004). In 1997, we agenda to reduce ozone and particulate change and may be made available revised the ozone NAAQS by lowering matter in California, including specific online at http://www.regulations.gov, the level to 0.08 ppm and extending the commitments to reduce emissions in the including any personal information averaging time to eight hours 1 and San Joaquin Valley. The 2004 SIP relies provided, unless the comment includes subsequently revoked the 1-hour ozone in part on the 2003 State Strategy for the Confidential Business Information (CBI) standard. The SJV area, however, reductions needed to demonstrate or other information whose disclosure is remains subject to most of these CAA attainment and ROP for the 1-hour restricted by statute. Information that requirements for the 1-hour ozone ozone standard. A complete description you consider CBI or otherwise protected standard through the anti-backsliding of each of these SIP submittals can be should be clearly identified as such and provisions in EPA’s rule implementing found in the July 14, 2009 proposal. should not be submitted through the the 8-hour ozone standard (Phase 1 II. Contingency Measures agency Web site, eRulemaking portal, or Rule). See 40 CFR 51.905(a). e-mail. The agency Web site and EPA proposed to approve California’s A. Requirements for Contingency eRulemaking portal are anonymous 1-hour ozone SIP submissions for the Measures for the 1-Hour Ozone access systems, and EPA will not know Standard your identity or contact information 1 See 62 FR 38856 (July 18, 1997). In 2008 we CAA sections 172(c)(9) and 182(c)(9) lowered the 8-hour ozone standard to 0.075 ppm. unless you provide it in the body of See 73 FR 16436 (March 27, 2008). The references require that SIPs contain contingency your comment. If you send e-mail in this proposed rule to the 8-hour standard are to measures that will take effect without directly to EPA, your e-mail address the 1997 standard as codified at 40 CFR 50.10. further action by the State or EPA if an

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area fails to attain the ozone standard by excess reductions from already adopted B. EPA’s July 14, 2009 Proposal on the the applicable date (section 172(c)(9)) or measures to meet the CAA sections Attainment Contingency Measures in fails to meet a ROP milestone (section 172(c)(9) and 182(c)(9) contingency the SJV 1-Hour Ozone Plan 182(c)(9)). measures requirement. The key is that One-hour ozone nonattainment areas In 1992, EPA issued a General the CAA requires extra reductions that classified as extreme under CAA section Preamble describing our preliminary are not relied on for ROP or attainment 181(b)(3) must demonstrate attainment views on how we intended to review 1- and that will provide a cushion while ‘‘as expeditiously as practicable’’ but hour ozone plans submitted to meet the plan is being revised to fully address not later than the date specified in CAA these and other CAA requirements. See the failure. Nothing in the CAA section 181(a), November 15, 2010. The ‘‘General Preamble for Implementation precludes a State from implementing 2004 SIP contains a demonstration that of Title I of the Clean Air Act such measures before they are triggered. the SJV area will attain the 1-hour ozone Amendments of 1990.’’ 57 FR 13498 This approach has been approved by standard by that date. In our July 14, (April 16, 1992). The General Preamble EPA in numerous SIPs. See 62 FR 15844 2009 proposed action on the 2004 SIP, as well as other EPA guidance (April 3, 1997); 62 FR 66279 (December we proposed to approve the attainment documents related to 1-hour ozone 18, 1997); 66 FR 30811 (June 8, 2001); demonstration. 74 FR at 33942. The plans continue to guide our review of 66 FR 586 and 66 FR 634 (January 3, attainment contingency measure the 1-hour ozone requirements that 2001). In the only adjudicated challenge requirement calls for a showing that remain applicable following revocation to this approach, the court upheld it. there are fully adopted contingency of that standard. See LEAN v. EPA, 382 F.3d 575 (5th Cir. measures that will achieve emission The Act does not specify how many 2004). 70 FR 71611, 71651. contingency measures are needed or the In 2004, EPA designated and reductions in excess of the levels magnitude of emission reductions that classified most areas of the country needed for attainment and sufficient to must be provided by these measures. under the 1997 8-hour ozone standard. provide continued ROP in the year after However, EPA provided initial guidance 69 FR 23858 (April 30, 2004). At the the attainment date, i.e., 3 percent interpreting the contingency measure same time, we issued the Phase 1 rule. reductions from the pre-1990 adjusted requirements in the General Preamble at 69 FR 23951 (April 30, 2004). The Phase baseline in 2011 if triggered by a failure 13510. Our interpretation is based upon 1 rule provided that the 1-hour ozone to attain. Table 4 in our July 14, 2009 the language in sections 172(c)(9) and standard would be revoked in most proposal reproduces the ROP 182(c)(9) in conjunction with the areas of the country (including the SJV demonstrations in the 2004 SIP. 74 FR control measure requirements of area), effective June 15, 2005. See 40 at 33941. Based on the 2010 adjusted sections 172(c), 182(b) and 182(c)(2)(B), CFR 50.9(b); 69 FR at 23996 and 70 FR baseline in this ROP demonstration, an the reclassification and failure to attain 44470 (August 3, 2005). additional 3 percent in the year after the provisions of section 181(b) and other The Phase 1 rule also set forth anti- attainment year equates to provisions. In the General Preamble, backsliding principles to ensure approximately 15.3 tpd of VOC or 20.7 EPA indicated that States with moderate continued progress toward attainment of tpd of NOX with NOX substitution. and above ozone nonattainment areas the 8-hour ozone standard by Table 5 in the July 14, 2009 proposal should include sufficient contingency identifying which 1-hour ozone shows that there are no excess measures so that, upon implementation standard requirements remain reductions from adopted measures in of such measures, additional reductions applicable after revocation of that the 2004 SIP’s attainment demonstration of 3 percent of the emissions in the standard. 40 CFR 51.900(f). In the Phase and that, in addition to the adopted adjusted base year inventory (or such I rule, EPA initially determined that measures that make significant lesser percentage that will cure the contingency measures for the 1-hour reductions toward attainment, the plan identified failure) would be achieved in ozone standard would not be required relies on commitments to adopt the year following the year in which the once the standard was revoked. See 70 measures to achieve the additional failure is identified. States may use FR 30592 (May 26, 2005). However, the reductions needed to demonstrate reductions in either of the two DC Circuit in South Coast Air Quality attainment. However, Table 6 in the July precursors to ozone formation—volatile Management District, et al., v. EPA, 472 14 proposal shows that there are 10 tpd organic compounds (VOC) or nitrogen F.3d 882 (DC Cir. 2006), rehearing NOX and 5 tpd VOC in reductions in oxides (NOX)—to meet the contingency denied 489 F.3d 1245 (2007), vacated 2011 from adopted and creditable on- measure requirement. See General the provision of the Phase 1 rule that road mobile source measures that could Preamble at 13520. States may also use waived the 1-hour contingency measure serve to fulfill a portion of the a combination of NOX and VOC requirements. Consequently, areas attainment contingency measure reductions to meet the requirement. See subject to the anti-backsliding requirement. These amounts General Preamble at 13520, footnote 6. requirements, such as the SJV area, must collectively provide just a 2.4 percent Finally, States must show that their continue to meet the CAA sections rate of progress in 2011, short of the contingency measures can be 172(c)(9) and 182(c)(9) requirements. suggested 3 percent. implemented with minimal further We have proposed to revise 40 CFR The SJV 1-hour ozone plan did not action on their part and with no 51.900(f), the regulatory definition of provide any information on post-2010 additional rulemaking actions. ‘‘applicable requirement’’ for purposes emission reductions in any source In subsequent guidance, EPA stated of the anti-backsliding provisions in 40 category other than on-road motor that contingency measures could be CFR 51. 905, in order to remove the vehicles. implemented early, i.e., prior to the vacated provision and to add language Based on the information available to milestone or attainment date.2 Under consistent with the Court’s holding that EPA at the time of the July 14, 2009 this policy, States are allowed to use contingency measures for failure to proposal, the State had not attain or to make reasonable further demonstrated that there were sufficient 2 See Memorandum from G.T. Helms, EPA, to progress toward attaining the 1-hour excess reductions to satisfy the EPA Air Branch Chiefs, Regions I–X, entitled ‘‘Early standard continue to apply in such attainment contingency measure Implementation of Contingency Measures for Ozone and Carbon Monoxide (CO) Nonattainment Areas,’’ areas. See 74 FR 2936 (January 16, requirement. We therefore proposed to August 13, 1993. 2009). disapprove the attainment contingency

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measures provision in the SJV 1-hour C. Additional Information Submitted by sector, are more than the 3 percent of ozone plan as not meeting the California adjusted base inventory emissions requirements of CAA section 172(c)(9). suggested by EPA guidance, and that See 74 FR at 33944. We stated in that In an August 28, 2009 letter, ARB these reductions are not relied upon to proposal that the State could remedy provided information on the effect on satisfy rate of progress and attainment this failure by submitting either new emission levels in the SJV area of fleet demonstration requirements. See letter, contingency measures or a turnover in the off-road mobile source James Goldstene, ARB, to Marty Robins, demonstration that existing creditable category. ARB also provided a EPA (Goldstene letter). We have measures provide, consistent with the demonstration that these emission reproduced ARB’s demonstration, guidance cited above, sufficient reductions, combined with the contained in the attachment to the emission reductions in 2011. Id. reductions in the on-road mobile source Goldstene letter, in Table 1 below.

TABLE 1—EMISSION REDUCTIONS AVAILABLE TO SATISFY THE CLEAN AIR ACT CONTINGENCY MEASURE REQUIREMENT FOR ‘‘FAILURE TO ATTAIN’’ [San Joaquin Valley, Summer Season]

3 Line NOX ROG

A. 1990 Adjusted Baseline Emissions in 2010 (Note 1) ...... 689 509 B. Emission Reductions from California’s Existing On-road Motor Vehicle Emission Control Program (2010 to 2011) (Note 2) ...... 10 5 C. Emission Reductions from California’s Existing Off-road Equipment Emission Control Program (2010 to 2011) ...... 5.7 3.6 D. Total Mobile Source Emission Reductions (2010–2011) ...... 16 9 E. Mobile Source Emission Reductions as a Percent of the 1990 Adjusted Baseline Emissions in 2010 .... 2.3% 1.7%

F. Total Mobile Source Emission Reductions as a Percent of the 1990 Adjusted Baseline Emissions in 2010 ...... 4.0% Note 1. From Table 2 ‘‘San Joaquin Valley Rate of Progress’’ in the 2008 Clarification. Note 2. From Table 3 ‘‘Baseline Motor Vehicle Emissions 2000–2010’’ in the 2008 Clarification.

The reductions in the off-road engine CAA section 209 for these measures 5 withdraw our July 14, 2009 proposed category were taken from baseline and/or the California emission limits are disapproval of this provision. emission inventories developed as identical or very similar to EPA III. Summary of Proposed Action inputs to the air quality modeling regulations. EPA had also adopted by supporting the attainment September 2002 measures that reduce Based on our review of the additional demonstration in the 2004 SIP. These emissions from new construction and information provided by ARB, we are farm equipment and locomotives that baseline emission inventories include proposing to approve the contingency apply in California.67 As described in reductions only from measures adopted measure provisions in the SJV 1-hour prior to September 2002; therefore, the our July 14, 2009 proposal, emission reductions from both section 209 waiver ozone plan as meeting the requirements estimate of emission reductions from measures and Federal measures are fully of CAA section 172(c)(9) for the off-road engines category reflect creditable for contingency measures. contingency measures that must be only these measures. See e-mail, Jeff See 74 FR at 33936, 33938. implemented if an area fails to attain by Lindberg, ARB, to Frances Wicher, EPA, As shown in Table 1 above, creditable its attainment date. We are also ‘‘2011 Off-Road Emission Estimates for State and Federal on-road and off-road proposing to withdraw our July 14, 2009 the San Joaquin Valley’s 1-hour Ozone measures provide a combined 4 percent proposed disapproval of these Plan,’’ September 10, 2009. rate of progress in 2011 which is more contingency measures. By 2002, California already had in than the 3 percent ROP suggested in These proposals to approve and place a comprehensive off-road mobile EPA guidance on contingency measures. withdraw address only the contingency source control program that included Therefore, we propose to approve the measures provision for failure to attain attainment contingency measures both VOC and NOX emissions standards in the SJV 1-hour ozone plan. The provision in the SJV 1-hour ozone plan for lawn and garden equipment, public comment period for the July 14, recreational boats, off-road recreational as meeting the requirements of CAA section 172(c)(9) and the anti- 2009 proposal closed on August 31, vehicles, and many other off-road backsliding requirements of EPA’s 2009. 74 FR 40123 (August 11, 2009). engine categories. A list of ARB’s Phase 1 implementation rule and to EPA is not reopening the comment adopted off-road measures can be found period on any other aspects of its July in Table 15 of the technical support 5 Under CAA sections 209(a) and (e)(1), States are 14, 2009 proposed action on the SJV document (TSD) for our July 14, 2009 pre-empted from adopting or enforcing emission 1-hour ozone plan. Therefore, comments proposal.4 California has been granted a standards for both on-road or non-(off-) road new in response to the proposals herein must waiver or has applied for a waiver under vehicles and new vehicle engines. Under CAA section 209(b) and (e)(2), California must be granted be limited to issues related to the a waiver of this pre-emption upon certain findings proposed approval of the attainment 3 ARB uses the term ‘‘reactive organic gases’’ by EPA although we may not waive pre-emption for contingency measures in the SJV 1-hour (ROG) in its documents. For the purposes of this locomotives and for certain new construction or ozone plan and the proposed proposed rule, VOC and ROG are interchangeable. agricultural engines. See CAA section 209(e)(1). 4 Because this proposed action supplements our 6 Tier 2 and 3 non-road engines standards, 63 FR withdrawal of the July 14, 2009 July 14, 2009 proposal, the docket number, EPA– 56968 (October, 23, 1998). proposed disapproval of these measures. R09–OAR–2008–0693, for both proposed actions is 7 Locomotive standards, 63 FR 18978 (May 16, the same. 1998).

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IV. Statutory and Executive Order communities in the area, including DATES: Comments must be received on Reviews minority and low-income communities. or before November 2, 2009. This proposed action also is not Under Executive Order 12866 (58 FR ADDRESSES: Submit your comments, subject to Executive Order 13045 51735, October 4, 1993), this proposed identified by Docket ID Number EPA– ‘‘Protection of Children from action is not a ‘‘significant regulatory R02–OAR–2009–0680, by one of the Environmental Health Risks and Safety action’’ and therefore is not subject to following methods: Risks’’ (62 FR 19885, April 23, 1997), either review by the Office of A. Federal eRulemaking Portal: because it is not economically Management and Budget or to Executive http://www.regulations.gov: Follow the significant. The requirements of section Order 13211, ‘‘Actions Concerning on-line instructions for submitting 12(d) of the National Technology Regulations That Significantly Affect comments; Transfer and Advancement Act of 1995 Energy Supply, Distribution, or Use’’ (66 B. E-Mail: [email protected]; (15 U.S.C. 272 note) do not apply. This FR 28355, May 22, 2001). C. Mail: Steven Riva, U.S. proposed action does not impose an Environmental Protection Agency, This action merely proposes to information collection burden under the Region 2, Air Programs Branch, 290 approve a portion of a State-adopted provisions of the Paperwork Reduction Broadway, New York, NY 10007; attainment plan for the San Joaquin Act of 1995 (44 U.S.C. 3501 et seq.). D. Hand Delivery: U.S. Environmental Valley Air Basin and withdraw a Protection Agency, Region 2, Attn: previous proposal and does not impose List of Subjects in 40 CFR Part 52 Steven Riva, 290 Broadway, New York, any additional requirements. Environmental protection, Air NY 10007, 25th Floor. Such deliveries Accordingly, the Administrator certifies pollution control, Intergovernmental are only accepted during normal hours that this proposed action will not have relations, Nitrogen oxides, Ozone, of operation, and special arrangements a significant economic impact on a Volatile organic compounds. should be made for deliveries of boxed substantial number of small entities Authority: 42 U.S.C. 7401 et seq. information. under the Regulatory Flexibility Act (5 Instructions: Direct your comments to U.S.C. 601 et seq.). Because this Dated: September 23, 2009. Docket ID No. EPA–R02–OAR–2009– proposed action does not impose any Jane Diamond, 0680. EPA’s policy is that all comments additional enforceable duties, it does Acting Regional Administrator, Region IX. received will be included in the public not contain any unfunded mandate or [FR Doc. E9–23796 Filed 10–1–09; 8:45 am] docket without change and may be significantly or uniquely affect small BILLING CODE 6560–50–P made available online at http:// governments, as described in the www.regulations.gov, including any Unfunded Mandates Reform Act of 1995 personal information provided, unless (Pub. L. 104–4). ENVIRONMENTAL PROTECTION the comment includes information AGENCY This proposed action does not have claimed to be Confidential Business Tribal implications as specified by 40 CFR Part 55 Information (CBI) or other information Executive Order 13175 (65 FR 67249, whose disclosure is restricted by statute. November 9, 2000), because the plan is Do not submit information that you not approved to apply in Indian country [EPA–R02–OAR–2009–0680; FRL–8965–1] consider to be CBI or otherwise located in the State. It will not impose Outer Continental Shelf Air protected through www.regulations.gov substantial direct costs on Tribal or e-mail. The http:// governments or preempt Tribal law. Regulations Consistency Update for New Jersey www.regulations.gov Web site is an This proposed action also does not ‘‘anonymous access’’ system, which have Federalism implications because it AGENCY: Environmental Protection means EPA will not know your identity does not have substantial direct effects Agency (EPA). or contact information unless you on the States, on the relationship ACTION: Proposed rule. provide it in the body of your comment. between the national government and If you send an e-mail comment directly the States, or on the distribution of SUMMARY: EPA is proposing to update a to EPA without going through power and responsibilities among the portion of the Outer Continental Shelf www.regulations.gov your e-mail various levels of government, as (OCS) Air Regulations Requirements address will be automatically captured specified in Executive Order 13132 (64 applying to OCS sources located within and included as part of the comment FR 43255, August 10, 1999). This 25 miles of states’ seaward boundaries that is placed in the public docket and proposed action merely proposes to which must be promulgated into the made available on the Internet. If you approve a portion of a State-adopted regulations and updated periodically to submit an electronic comment, EPA plan and does not alter the relationship remain consistent with the requirements recommends that you include your or the distribution of power and of the corresponding onshore area name and other contact information in responsibilities established in the CAA. (COA), as mandated by section 328(a)(1) the body of your comment and with any Executive Order 12898 establishes a of the Clean Air Act (CAA). The portion disk or CD–ROM you submit. If EPA Federal policy for incorporating of the OCS air regulations that is being cannot read your comment due to environmental justice into Federal updated pertains to the requirements for technical difficulties and cannot contact agency actions by directing agencies to OCS sources in the State of New Jersey. you for clarification, EPA may not be identify and address, as appropriate, The intended effect of approving the able to consider your comment. disproportionately high and adverse OCS requirements for the State of New Electronic files should avoid the use of human health or environmental effects Jersey is to regulate emissions from OCS special characters, any form of of their programs, policies, and sources in accordance with the encryption, and be free of any defects or activities on minority and low-income requirements onshore. The requirements viruses. populations. Today’s action involves a discussed below are proposed to be Docket: All documents in the proposed approval of a State-adopted incorporated by reference into the Code electronic docket are listed in the plan. It will not have disproportionately of Federal Regulations and are listed in http://www.regulations.gov index. high and adverse effects on any the appendix to the OCS air regulations. Although listed in the index, some

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information is not publicly available, control air pollution from OCS sources C. Regulatory Flexibility Act e.g., CBI or other information whose located within 25 miles of states’ disclosure is restricted by statute. seaward boundaries that are the same as The Regulatory Flexibility Act (RFA) Certain other material, such as onshore requirements. To comply with generally requires an agency to conduct copyrighted material, is not placed on this statutory mandate, EPA must a regulatory flexibility analysis of any the Internet and will be publicly incorporate applicable rules in effect for rule subject to notice and comment available only in hard copy form. onshore sources into part 55. This limits rulemaking requirements unless the Publicly available docket materials are EPA’s flexibility in deciding which agency certifies that the rule will not available either electronically in http:// requirements will be incorporated into have a significant economic impact on www.regulations.gov or in hard copy part 55 and prevents EPA from making a substantial number of small entities. during normal business hours at the substantive changes to the requirements Small entities include small businesses, U.S. Environmental Protection Agency, it incorporates. As a result, EPA may be small not-for-profit enterprises, and Region 2, 290 Broadway, New York, incorporating rules into part 55 that do small governmental jurisdictions. New York 10007. not conform to all of EPA’s State This rule will not have a significant FOR FURTHER INFORMATION CONTACT: implementation plan (SIP) guidance or economic impact on a substantial Steven Riva, Air Programs Branch, U.S. certain requirements of the CAA. number of small entities. This rule Environmental Protection Agency, Inclusion in the OCS rule does not implements requirements specifically Region 2, 290 Broadway, New York, imply that a rule meets the requirements and explicitly set forth by the Congress New York 10007; telephone number: of the CAA for SIP approval, nor does in section 328 of the CAA, without the (212) 637–4074; e-mail address: it imply that the rule will be approved exercise of any policy discretion by [email protected]. by EPA for inclusion in the SIP. EPA. These OCS rules already apply in SUPPLEMENTARY INFORMATION: II. EPA’s Evaluation the COA, and EPA has no evidence to suggest that these OCS rules have had Table of Contents What Criteria Were Used To Evaluate a significant economic impact on a I. Background Information Rules Submitted To Be Incorporated substantial number of small entities. As Why Is EPA Taking This Action? Into 40 CFR part 55? required by section 328 of the CAA, this II. EPA’s Evaluation EPA reviewed the rules that New action simply incorporates the existing What Criteria Were Used To Evaluate Rules Jersey submitted for inclusion in part 55 rules in the COA. Therefore, EPA Submitted To Be Incorporated Into 40 certifies that this action will not have a CFR part 55? to ensure that they are rationally related III. Administrative Requirements to the attainment or maintenance of significant economic impact on a A. Executive Order 12866: Regulatory Federal or State AAQS or part C of title substantial number of small entities. I of the CAA and that they are not Planning and Review D. Unfunded Mandates Reform Act B. Paperwork Reduction Act designed expressly to prevent C. Regulatory Flexibility Act exploration and development of the Under section 202 of the Unfunded D. Unfunded Mandates Reform Act OCS and that they are applicable to OCS Mandates Reform Act of 1995 E. Executive Order 13132: Federalism sources. 40 CFR 55.1. EPA has also F. Executive Order 13175: Coordination (Unfunded Mandates Act), signed into With Indian Tribal Governments evaluated the rules to ensure they are law on March 22, 1995, EPA must G. Executive Order 13045: Protection of not arbitrary or capricious. 40 CFR 55.12 prepare a budgetary impact statement to Children From Environmental Health (e). In addition, EPA has excluded New accompany any proposed or final rule Risks and Safety Risks Jersey’s administrative or procedural that includes a Federal mandate that H. Executive Order 13211: Actions That rules,2 and requirements that regulate may result in estimated costs to State, Significantly Affect Energy Supply, toxics that are not related to the local, and tribal governments in the Distribution, or Use attainment and maintenance of Federal aggregate; or to the private sector, of I. National Technology Transfer and and State AAQS. Advancement Act $100 million or more in any one year. III. Administrative Requirements Under section 205, EPA must select the I. Background Information most cost-effective and least A. Executive Order 12866: Regulatory Why Is EPA Taking This Action? burdensome alternative that achieves Planning and Review the objectives of the rule and is On September 4, 1992, EPA The Office of Management and Budget consistent with statutory requirements. promulgated 40 CFR part 55,1 which (OMB) has exempted this regulatory Section 203 requires EPA to establish a established requirements to control air action from Executive Order 12866, plan for informing and advising any pollution from OCS sources in order to entitled ‘‘Regulatory Planning and small governments that may be attain and maintain Federal and State Review.’’ significantly or uniquely impacted by ambient air quality standards (AAQS) the rule. and to comply with the provisions of B. Paperwork Reduction Act EPA has determined that today’s part C of title I of the CAA. Part 55 This rule does not impose an applies to all OCS sources offshore of proposed rule contains no Federal information collection burden under the mandates that may result in the states except those located in the provisions of the Paperwork Reduction expenditures of $100 million or more Gulf of Mexico west of 87.5 degrees Act of 1995 (44 U.S.C. 3501 et seq.) longitude. for State, local, or tribal governments, in Section 328(a) of the CAA requires the aggregate, or to the private sector in 2 Each COA, which has been delegated the any one year. This action approves pre- that EPA establish requirements to authority to implement and enforce part 55, will use its administrative and procedural rules as existing requirements under State or 1 The reader may refer to the Notice of Proposed onshore. However, in those instances where EPA local law, and imposes no new Rulemaking, December 5, 1991 (56 FR 63774), and has not delegated authority to implement and requirements. Accordingly, no the preamble to the final rule promulgated enforce part 55, as in New Jersey, EPA will use its September 4, 1992 (57 FR 40792) for further own administrative and procedural requirements to additional costs to State, local or tribal background and information on the OCS implement the substantive requirements. See 40 governments, or to the private sector, regulations. CFR 55.14(c)(4). result from this action.

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E. Executive Order 13132: Federalism substantial direct effects on tribal List of Subjects in 40 CFR Part 55 Federalism (64 FR 43255, August 10, governments, on the relationship Environmental protection, 1999) revokes and replaces Executive between the Federal government and Administrative practice and procedures, Orders 12612 (Federalism) and 12875 Indian tribes, or on the distribution of Air pollution control, Hydrocarbons, (Enhancing the Intergovernmental power and responsibilities between the Incorporation by reference, Partnership). Executive Order 13132 Federal government and Indian tribes. Intergovernmental relations, Nitrogen requires EPA to develop an accountable Thus, Executive Order 13175 does not dioxide, Nitrogen oxides, Outer process to ensure meaningful and timely apply to this rule. Continental Shelf, Ozone, Particulate input by State and local officials in the G. Executive Order 13045: Protection of matter, Permits, Reporting and development of regulatory policies that Children From Environmental Health recordkeeping requirements, Sulfur have federalism implications. ‘Policies Risks and Safety Risks oxides. that have federalism implications’ is Dated: September 18, 2009. defined in the Executive Order to Executive Order 13045, entitled George Pavlou, include regulations that have substantial ‘‘Protection of Children from direct effects on the states, on the Environmental Health Risks and Safety Acting Regional Administrator, Region 2. relationship between the national Risks’’ (62 FR 19885 (April 23, 1997)), Title 40, chapter I of the Code of government and the States, or on the applies to any rule that: (1) Is Federal Regulations, is proposed to be distribution of power and determined to be ‘‘economically amended as follows: responsibilities among the various significant’’ as defined under Executive PART 55—[AMENDED] levels of government. Under Executive Order 12866, and (2) concerns an environmental health or safety risk that Order 13132, EPA may not issue a 1. The authority citation for part 55 EPA has reason to believe may have a regulation that has federalism continues to read as follows: implications, that imposes substantial disproportionate effect on children. If Authority: Section 328 of the CAA (42 direct compliance costs, and that is not the regulatory action meets both criteria, the Agency must evaluate the U.S.C. 7401, et seq.) as amended by Public required by statute, unless the Federal Law 101–549. government provides the funds environmental health or safety effects of necessary to pay the direct compliance the planned rule on children, and 2. Section 55.14 is amended by costs incurred by State and local explain why the planned regulation is revising the sixth sentence in paragraph governments, or EPA consults with preferable to other potentially effective (e) introductory text and paragraph State and local officials early in the and reasonably feasible alternatives (e)(15)(i)(A) to read as follows: considered by the Agency. process of developing the proposed § 55.14 Requirements that apply to OCS regulation. EPA also may not issue a This proposed rule is not subject to sources located within 25 miles of States’ regulation that has federalism Executive Order 13045 because it does seaward boundaries, by State. not involve decisions intended to implications and that preempts State * * * * * law unless the Agency consults with mitigate environmental health or safety risks. (e) * * * Copies of rules pertaining to State and local officials early in the particular states or local areas may be process of developing the proposed H. Executive Order 13211: Actions That inspected or obtained from the EPA regulation. Significantly Affect Energy Supply, Docket Center—Public Reading Room, This rule will not have substantial Distribution, or Use EPA West Building, Room 3334 1301 direct effects on the states, on the Constitution Avenue, NW., Washington, relationship between the national This proposed rule is not subject to Executive Order 13211, entitled DC 20004 or the appropriate EPA government and the states, or on the regional offices: U.S. EPA, Region 1 distribution of power and ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, (Massachusetts) One Congress Street, responsibilities among the various Boston, MA 02114–2023; U.S. EPA, levels of government, as specified in Distribution, or Use’’ (66 FR 28355 (May 22, 2001)) because it is not a significant Region 2 (New Jersey and New York), Executive Order 13132, because it 290 Broadway, New York, NY 10007– merely approves a State rule regulatory action under Executive Order 12866. 1866; U.S. EPA, Region III (Delaware), implementing a Federal standard, and 1650 Arch Street, Philadelphia, PA does not alter the relationship or the I. National Technology Transfer and 19103, (215) 814–5000; U.S. EPA, distribution of power and Advancement Act Region 4 (Florida and North Carolina), responsibilities established in the Clean 61 Forsyth Street, Atlanta, GA 30303; Air Act. Thus, the requirements of Section 12(d) of the National Technology Transfer and Advancement U.S. EPA, Region 9 (California), 75 section 6 of the Executive Order do not Hawthorne Street, San Francisco, CA apply to this rule. Act (NTTAA) of 1995 requires Federal agencies to evaluate existing technical 94105; and U.S. EPA, Region 10 F. Executive Order 13175: Coordination standards when developing a new (Alaska), 1200 Sixth Avenue, Seattle, With Indian Tribal Governments regulation. To comply with NTTAA, WA 98101. * * * Executive Order 13175, entitled EPA must consider and use voluntary * * * * * ‘‘Consultation and Coordination with consensus standards (VCS) if available (15) * * * Indian Tribal Governments’’ (65 FR and applicable when developing (i) * * * 67249, November 9, 2000), requires EPA programs and policies unless doing so (A) State of New Jersey Requirements to develop an accountable process to would be inconsistent with applicable Applicable to OCS Sources, August 13, ensure meaningful and timely input by laws or otherwise impractical. 2009. tribal officials in the development of The EPA believes that VCS are * * * * * regulatory policies that have tribal inapplicable to this section. Today’s 3. Appendix A to Part 55 is amended implications. This final rule does not action does not require the public to by revising paragraph (a)(1) under the have tribal implications, as specified in perform activities conducive to the use heading ‘‘New Jersey’’ to read as Executive Order 13175. It will not have of VCS. follows:

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Appendix A to Part 55—Listing of State N.J.A.C. 7:27–6.4. Emissions tests N.J.A.C. 7:27–10.4. Exemptions and Local Requirements Incorporated N.J.A.C. 7:27–6.5. Variances N.J.A.C. 7:27–10.5. SO2 emission rate by Reference Into Part 55, by State N.J.A.C. 7:27–6.7. Exceptions determinations * * * * * CHAPTER 27 SUBCHAPTER 7—SULFUR CHAPTER 27 SUBCHAPTER 11— (EFFECTIVE 3/1/67) INCINERATORS (EFFECTIVE 5/4/98) NEW JERSEY N.J.A.C. 7:27–7.1. Definitions N.J.A.C. 7:27–11.1. Definitions (a) * * * (1) The following State of New Jersey N.J.A.C. 7:27–7.2. Control and N.J.A.C. 7:27–11.2. Construction standards requirements are applicable to OCS Sources, prohibition of air pollution from N.J.A.C. 7:27–11.3. Emission standards as of August 13, 2009. New Jersey State sulfur compounds N.J.A.C. 7:27–11.4. Permit to construct; Department of Environmental Protection— CHAPTER 27 SUBCHAPTER 8—PERMITS certificate to operate New Jersey Administrative Code. The AND CERTIFICATES FOR MINOR N.J.A.C. 7:27–11.5. Operation following sections of Title 7: FACILITIES (AND MAJOR FACILITIES N.J.A.C. 7:27–11.6. Exceptions CHAPTER 27 SUBCHAPTER 2—CONTROL WITHOUT AN OPERATING PERMIT) CHAPTER 27 SUBCHAPTER 12— AND PROHIBITION OF OPEN BURNING (EFFECTIVE 4/20/09) PREVENTION AND CONTROL OF AIR (EFFECTIVE 6/20/94) N.J.A.C. 7:27–8.1. Definitions POLLUTION EMERGENCIES N.J.A.C. 7:27–8.2. Applicability N.J.A.C. 7:27–2.1. Definitions (EFFECTIVE 3/19/74) N.J.A.C. 7:27–8.3. General provisions N.J.A.C. 7:27–2.2. Open burning for salvage N.J.A.C. 7:27–8.4. How to apply, register, N.J.A.C. 7:27–12.1. Definitions operations submit a notice, or renew N.J.A.C. 7:27–2.3. Open burning of refuse N.J.A.C. 7:27–12.2. Emergency criteria N.J.A.C. 7:27–8.5. Air quality impact analysis N.J.A.C. 7:27–2.4. General provisions N.J.A.C. 7:27–12.3. Criteria for emergency N.J.A.C. 7:27–8.6. Service fees N.J.A.C. 7:27–2.6. Prescribed burning termination N.J.A.C. 7:27–8.7. Operating certificates N.J.A.C. 7:27–2.7. Emergencies N.J.A.C. 7:27–12.4. Standby plans N.J.A.C. 7:27–8.8. General permits N.J.A.C. 7:27–2.8. Dangerous material N.J.A.C. 7:27–12.5. Standby orders N.J.A.C. 7:27–8.9. Environmental N.J.A.C. 7:27–2.12. Special permit improvement pilot tests Table I Emission Reduction Objectives N.J.A.C. 7:27–2.13. Fees N.J.A.C. 7:27–8.11. Standards for issuing a Table II Emission Reduction Objectives CHAPTER 27 SUBCHAPTER 3—CONTROL permit Table III Emission Reduction Objectives AND PROHIBITION OF SMOKE FROM N.J.A.C. 7:27–8.12. State of the art CHAPTER 27 SUBCHAPTER 16—CONTROL COMBUSTION OF FUEL (EFFECTIVE 2/4/02) N.J.A.C. 7:27–8.13. Conditions of approval AND PROHIBITION OF AIR POLLUTION BY N.J.A.C. 7:27–3.1. Definitions N.J.A.C. 7:27–8.14. Denials VOLATILE ORGANIC COMPOUNDS N.J.A.C. 7:27–8.15. Reporting requirements N.J.A.C. 7:27–3.2. Smoke emissions (EFFECTIVE 04/20/09) from stationary indirect heat N.J.A.C. 7:27–8.16. Revocation N.J.A.C. 7:27–8.17. Changes to existing N.J.A.C. 7:27–16.1. Definitions exchangers permits and certificates N.J.A.C. 7:27–16.1A. Purpose, scope, N.J.A.C. 7:27–3.3. Smoke emissions N.J.A.C. 7:27–8.18. Permit revisions applicability, and severability from marine installations N.J.A.C. 7:27–8.19. Compliance plan changes N.J.A.C. 7:27–3.4. Smoke emissions N.J.A.C. 7:27–16.2. VOC stationary storage N.J.A.C. 7:27–8.20. Seven-day notice changes tanks from the combustion of fuel in N.J.A.C. 7:27–8.21. Amendments N.J.A.C. 7:27–16.3. Gasoline transfer mobile sources N.J.A.C. 7:27–8.22. Changes to sources operations N.J.A.C. 7:27–3.5. Smoke emissions permitted under batch plant, pilot plant, from stationary internal combustion dual plant, or laboratory operating N.J.A.C. 7:27–16.4. VOC transfer operations, other than gasoline engines and stationary turbine permitting procedures N.J.A.C. 7:27–16.5. Marine tank vessel engines N.J.A.C. 7:27–8.23. Reconstruction N.J.A.C. 7:27–3.6. Stack test N.J.A.C. 7:27–8.24. Special provisions for loading and ballasting operations N.J.A.C. 7:27–3.7. Exceptions construction but not operation N.J.A.C. 7:27–16.6. Open top tanks and N.J.A.C. 7:27–8.25. Special provisions for solvent cleaning operations CHAPTER 27 SUBCHAPTER 4—CONTROL pollution control equipment or pollution N.J.A.C. 7:27–16.7. Surface coating and AND PROHIBITION OF PARTICLES FROM prevention process modifications graphic arts operations COMBUSTION OF FUEL N.J.A.C. 7:27–8.26. Civil or criminal penalties N.J.A.C. 7:27–16.8. Boilers (EFFECTIVE 4/20/09) for failure to comply N.J.A.C. 7:27–16.9. Stationary combustion N.J.A.C. 7:27–8.27. Special facility-wide N.J.A.C. 7:27–4.1. Definitions turbines permit provisions N.J.A.C. 7:27–4.2. Standards for the N.J.A.C. 7:27–16.10. Stationary reciprocating N.J.A.C. 7:27–8.28. Delay of testing emission of particles engines N.J.A.C. 7:27–4.3. Performance test APPENDIX I N.J.A.C. 7:27–16.12. Surface coating principle operations at mobile equipment repair N.J.A.C. 7:27–4.4. Emissions tests and refinishing facilities N.J.A.C. 7:27–4.6. Exceptions CHAPTER 27 SUBCHAPTER 9—SULFUR IN FUELS (EFFECTIVE 4/19/00) N.J.A.C. 7:27–16.13. Flares CHAPTER 27 SUBCHAPTER 5— N.J.A.C. 7:27–9.1. Definitions N.J.A.C. 7:27–16.16. Other source operations PROHIBITION OF AIR POLLUTION N.J.A.C. 7:27–9.2. Sulfur content standards N.J.A.C. 7:27–16.17. Alternative and facility- (EFFECTIVE 10/12/77) N.J.A.C. 7:27–9.3. Exemptions specific VOC control requirements N.J.A.C. 7:27–5.1. Definitions N.J.A.C. 7:27–9.4. Waiver of air quality N.J.A.C. 7:27–16.18. Leak detection and N.J.A.C. 7:27–5.2. General provisions modeling repair CHAPTER 27 SUBCHAPTER 6—CONTROL N.J.A.C. 7:27–9.5. Incentive for conversion to N.J.A.C. 7:27–16.19. Application of cutback AND PROHIBITION OF PARTICLES FROM coal or other solid fuel and emulsified asphalts MANUFACTURING PROCESSES CHAPTER 27 SUBCHAPTER 10—SULFUR N.J.A.C. 7:27–16.21. Natural gas pipelines (EFFECTIVE 6/12/98) IN SOLID FUELS (EFFECTIVE 04/20/09) N.J.A.C. 7:27–16.22. Emission information, record keeping and testing N.J.A.C. 7:27–6.1. Definitions N.J.A.C. 7:27–10.1. Definitions N.J.A.C. 7:27–6.2. Standards for the N.J.A.C. 7:27–10.2. Sulfur contents standards N.J.A.C. 7:27–16.23. Procedures for emission of particles N.J.A.C. 7:27–10.3. Expansion, reconstruction demonstrating compliance N.J.A.C. 7:27–6.3. Performance test or construction of solid fuel burning N.J.A.C. 7:27–16.26. Variances principles units N.J.A.C. 7:27–16.27. Exceptions

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APPENDIX I N.J.A.C. 7:27–20.2. General provisions N.J.A.C. 7:27–22.25. Department initiated N.J.A.C. 7:27–20.3. Burning of on- operating permit modifications APPENDIX II specification used oil in space heaters N.J.A.C. 7:27–22.26. MACT and GACT CHAPTER 27 SUBCHAPTER 18—CONTROL covered by a registration standards AND PROHIBITION OF AIR POLLUTION N.J.A.C. 7:27–20.4. Burning of on- N.J.A.C. 7:27–22.27. Operating scenarios FROM NEW OR ALTERED SOURCES specification used oil in space heaters N.J.A.C. 7:27–22.28A. Emissions trading covered by a permit AFFECTING AMBIENT AIR QUALITY N.J.A.C. 7:27–22.28B. Facility-specific N.J.A.C. 7:27–20.5. Demonstration that used (EMISSION OFFSET RULES) (EFFECTIVE emissions averaging programs 12/1/08) oil is on-specification N.J.A.C. 7:27–20.6. Burning of on- N.J.A.C. 7:27–22.29. Facilities subject to acid N.J.A.C. 7:27–18.1. Definitions specification oil in other combustion deposition control N.J.A.C. 7:27–18.2. Facilities subject to this units N.J.A.C. 7:27–22.30. Renewals subchapter N.J.A.C. 7:27–20.7. Burning of off- N.J.A.C. 7:27–22.31. Fees N.J.A.C. 7:27–18.3. Standards for issuance of specification used oil N.J.A.C. 7:27–22.32. Hearings and appeals permits N.J.A.C. 7:27–20.8. Ash standard N.J.A.C. 7:27–22.33. Preconstruction review N.J.A.C. 7:27–18.4. Air quality impact N.J.A.C. 7:27–20.9. Exception N.J.A.C. 7:27–22.34. Early reduction of HAP analysis emissions N.J.A.C. 7:27–18.5. Standards for use of CHAPTER 27 SUBCHAPTER 21—EMISSION N.J.A.C. 7:27–22.35. Advances in the art of emission reductions as emission offsets STATEMENTS (EFFECTIVE 4/20/09) air pollution N.J.A.C. 7:27–18.6. Emission offset N.J.A.C. 7:27–21.1. Definitions postponement N.J.A.C. 7:27–21.2. Applicability APPENDIX N.J.A.C. 7:27–18.7. Determination of a net N.J.A.C. 7:27–21.3. General provisions emission increase or a significant net N.J.A.C. 7:27–21.4. Procedures for submitting TABLE A emission increase an emission statement TABLE B N.J.A.C. 7:27–18.8. Banking of emission N.J.A.C. 7:27–21.5. Required contents of an reductions emission statement CHAPTER 27 SUBCHAPTER 30—CLEAN N.J.A.C. 7:27–18.9. Secondary emissions N.J.A.C. 7:27–21.6. Recordkeeping AIR INTERSTATE RULE (CAIR) NO N.J.A.C. 7:27–18.10. Exemptions requirements X TRADING PROGRAM (EFFECTIVE 8/17/07) N.J.A.C. 7:27–18.12. Civil or criminal N.J.A.C. 7:27–21.7. Certification of penalties for failure to comply information N.J.A.C. 7:27–30.1. Purpose and scope CHAPTER 27 SUBCHAPTER 19—CONTROL N.J.A.C. 7:27–21.8. Request for extensions N.J.A.C. 7:27–30.2. Definitions AND PROHIBITION OF AIR POLLUTION N.J.A.C. 7:27–21.9. Notification of non- N.J.A.C. 7:27–30.3. Allocation of CAIR NOX FROM OXIDES OF NITROGEN (EFFECTIVE applicability annual allowances & CAIR NOX ozone 04/20/09) N.J.A.C. 7:27–21.10. Severability season allowances N.J.A.C. 7:27–19.1. Definitions CHAPTER 27 SUBCHAPTER 22— N.J.A.C. 7:27–30.4. The compliance N.J.A.C. 7:27–19.2. Purpose, scope and OPERATING PERMITS (EFFECTIVE 12/1/08) supplement pool applicability N.J.A.C. 7:27–22.1. Definitions N.J.A.C. 7:27–30.5. Claims for incentive N.J.A.C. 7:27–19.3. General provisions N.J.A.C. 7:27–22.2. Applicability allowances N.J.A.C. 7:27–19.4. Boilers serving electric N.J.A.C. 7:27–22.3. General provisions N.J.A.C. 7:27–30.6. Reporting requirements generating units N.J.A.C. 7:27–22.4. General application N.J.A.C. 7:27–19.5. Stationary combustion CHAPTER 27 SUBCHAPTER 31—NOX procedures turbines BUDGET PROGRAM (EFFECTIVE 4/5/04) N.J.A.C. 7:27–22.5. Application procedures N.J.A.C. 7:27–19.6. Emissions averaging for initial operating permits N.J.A.C. 7:27–31.1. Purpose and scope N.J.A.C. 7:27–19.7. Industrial/commercial/ N.J.A.C. 7:27–31.2. Definitions institutional boilers and other indirect N.J.A.C. 7:27–22.6. Operating permit N.J.A.C. 7:27–31.3. Applicability and general heat exchangers application contents N.J.A.C. 7:27–19.8. Stationary reciprocating N.J.A.C. 7:27–22.7. Application shield provisions engines N.J.A.C. 7:27–22.8. Air quality simulation N.J.A.C. 7:27–31.4. Opt-in provisions N.J.A.C. 7:27–19.11. Emergency generators— modeling and risk assessment N.J.A.C. 7:27–31.5. Interface with the recordkeeping N.J.A.C. 7:27–22.9. Compliance plans emission offset program N.J.A.C. 7:27–19.13. Alternative and facility- N.J.A.C. 7:27–22.10. Completeness reviews N.J.A.C. 7:27–31.6. Interface with the open N.J.A.C. 7:27–22.11. Public comment specific NOX emission limits market emissions trading program N.J.A.C. 7:27–22.12. EPA comment N.J.A.C. 7:27–19.14. Procedures for obtaining N.J.A.C. 7:27–31.7. Annual allowance N.J.A.C. 7:27–22.13. Final action on an approvals under this subchapter allocation N.J.A.C. 7:27–19.15. Procedures and application N.J.A.C. 7:27–22.14. General operating N.J.A.C. 7:27–31.8. Claims for incentive deadlines for demonstrating compliance reserve allowances N.J.A.C. 7:27–19.16. Adjusting combustion permits N.J.A.C. 7:27–31.9. Permits processes N.J.A.C. 7:27–22.15. Temporary facility N.J.A.C. 7:27–19.17. Source emissions testing operating permits N.J.A.C. 7:27–31.10. Allowance use, transfer N.J.A.C. 7:27–19.18. Continuous emissions N.J.A.C. 7:27–22.16. Operating permit and retirement monitoring contents N.J.A.C. 7:27–31.11. Allowance banking N.J.A.C. 7:27–19.19. Recordkeeping and N.J.A.C. 7:27–22.17. Permit shield N.J.A.C. 7:27–31.12. Early reductions recording N.J.A.C. 7:27–22.18. Source emissions testing N.J.A.C. 7:27–31.13. NOX allowance tracking N.J.A.C. 7:27–19.20. Fuel switching and monitoring system (NATS) N.J.A.C. 7:27–19.21. Phased compliance— N.J.A.C. 7:27–22.19. Recordkeeping, N.J.A.C. 7:27–31.14. Emission monitoring repowering reporting and compliance certification N.J.A.C. 7:27–31.15. Recordkeeping N.J.A.C. 7:27–22.20. Administrative N.J.A.C. 7:27–19.23. Phased compliance—use N.J.A.C. 7:27–31.16. Reporting amendments of innovative control technology N.J.A.C. 7:27–31.17. End-of-season N.J.A.C. 7:27–22.21. Changes to insignificant N.J.A.C. 7:27–19.24. MEG alerts reconciliation N.J.A.C. 7:27–19.25. Exemption for source operations N.J.A.C. 7:27–31.18. Compliance certification emergency use of N.J.A.C. 7:27–22.22. Seven-day-notice N.J.A.C. 7:27–19.26. Penalties changes N.J.A.C. 7:27–31.19. Excess emissions N.J.A.C. 7:27–22.23. Minor modifications deduction CHAPTER 27 SUBCHAPTER 20—USED OIL N.J.A.C. 7:27–22.24. Significant N.J.A.C. 7:27–31.20. Program audit COMBUSTION (EFFECTIVE 6/19/06) modifications N.J.A.C. 7:27–31.21. Guidance documents N.J.A.C. 7:27–20.1. Definitions N.J.A.C. 7:27–22.24A. Reconstruction and sources incorporated by reference

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CHAPTER 27B SUBCHAPTER 1— N.J.A.C. 7:27B–3.9. Procedures for the to be consistent with the Magnuson- SAMPLING AND ANALYTICAL sampling and remote analysis of known Stevens Fishery Conservation and PROCEDURES FOR DETERMINING volatile organic compounds using a gas Management Act (Magnuson-Stevens EMISSIONS OF PARTICLES FROM chromatograph (GC) with a flame Act) through the incorporation of MANUFACTURING PROCESSES AND ionization detector (FID) or other FROM COMBUSTION OF FUELS suitable detector ecosystem-based goals and principles in (EFFECTIVE 6/1/76) N.J.A.C. 7:27B–3.10. Procedures for the fishery management. N.J.A.C. 7:27B–1.1. Definitions determination of volatile organic DATES: Comments on the amendment N.J.A.C. 7:27B–1.2. Acceptable test methods compounds in surface coating must be received by December 1, 2009. formulations N.J.A.C. 7:27B–1.3. Operating conditions ADDRESSES: Comments on the FEPs, N.J.A.C. 7:27B–3.11. Procedures for the during the test identified by 0648–AU71, may be sent N.J.A.C. 7:27B–1.4. Sampling facilities to be determination of volatile organic compounds emitted from transfer to either of the following addresses: provided by the person responsible for • Electronic Submission: Submit all emissions operations using a flame ionization N.J.A.C. 7:27B–1.5. Sampling train detector (FID) or non-dispersive infrared electronic public comments via the N.J.A.C. 7:27B–1.6. Performance test analyzer (NDIR) Federal e-Rulemaking Portal N.J.A.C. 7:27B–3.12. Procedures for the principle www.regulations.gov; or determination of volatile organic N.J.A.C. 7:27B–1.7. General testing • Mail: Mail written comments to compounds in cutback and emulsified requirements William L. Robinson, Regional asphalts N.J.A.C. 7:27B–1.8. Required test data N.J.A.C. 7:27B–3.13. Procedures for the Administrator, NMFS, Pacific Islands N.J.A.C. 7:27B–1.9. Preparation for sampling determination of leak tightness of Region (PIR), 1601 Kapiolani Blvd, Suite N.J.A.C. 7:27B–1.10. Sampling gasoline delivery vessels 1110, Honolulu, HI 96814–4700. N.J.A.C. 7:27B–1.11. Sample recovery N.J.A.C. 7:27B–3.14. Procedures for the direct Instructions: All comments received N.J.A.C. 7:27B–1.12. Analysis detection of fugitive volatile organic are a part of the public record and will N.J.A.C. 7:27B–1.13. Calculations compound leaks N.J.A.C. 7:27B–1.14. Validation of test generally be posted to N.J.A.C. 7:27B–3.15. Procedures for the direct www.regulations.gov without change. CHAPTER 27B SUBCHAPTER 2— detection of fugitive volatile organic All personal identifying information PROCEDURES FOR VISUAL compound leaks from gasoline tank (e.g., name, address, etc.) submitted trucks and vapor collection systems DETERMINATION OF THE OPACITY voluntarily by the commenter may be (PERCENT) AND SHADE OR APPEARANCE using a combustible gas detector (RINGELMANN NUMBER) OF EMISSIONS N.J.A.C. 7:27B–3.18. Test methods and publicly accessible. Do not submit FROM SOURCES (EFFECTIVE 6/21/76) sources incorporated by reference confidential business information, or otherwise sensitive or protected N.J.A.C. 7:27B–2.1. Definitions * * * * * N.J.A.C. 7:27B–2.2. Acceptable observation information. NMFS will accept [FR Doc. E9–23797 Filed 10–1–09; 8:45 am] methods anonymous comments (enter ‘‘N/A’’ in N.J.A.C. 7:27B–2.3. General observation BILLING CODE 6560–50–P the required fields if you wish to remain requirements anonymous). Attachments to electronic N.J.A.C. 7:27B–2.4. Required observation comments will be accepted in Microsoft data DEPARTMENT OF COMMERCE Word or Excel, WordPerfect, or Adobe N.J.A.C. 7:27B–2.5. Certification PDF file formats only. National Oceanic and Atmospheric A Programmatic Environmental REFERENCE Administration Impact Statement (PEIS) was prepared APPENDIX 1 for these FEPs. The PEIS and five FEPs 50 CFR Part 665 are available from www.regulations.gov CHAPTER 27B SUBCHAPTER 3—AIR TEST RIN 0648–AU71 or the Western Pacific Fishery METHOD 3: SAMPLING AND ANALYTICAL Management Council (Council), 1164 PROCEDURES FOR THE DETERMINATION Fisheries in the Western Pacific; Bishop St., Suite 1400, Honolulu, HI OF VOLATILE ORGANIC COMPOUNDS Fishery Ecosystem Plans 96813, 808–522–8220, fax 808–522– FROM SOURCE OPERATIONS (EFFECTIVE 8226, www.wpcouncil.org. 12/1/08) AGENCY: National Marine Fisheries FOR FURTHER INFORMATION CONTACT: N.J.A.C. 7:27B–3.1. Definitions Service (NMFS), National Oceanic and Brett Wiedoff, NMFS PIR, 808–944– N.J.A.C. 7:27B–3.2. Sampling and analytical Atmospheric Administration (NOAA), 2272. protocol: acceptable test methods Commerce. N.J.A.C. 7:27B–3.3. Operating conditions ACTION: SUPPLEMENTARY INFORMATION: This during the test Notice of availability of five new fishery ecosystem plans; request for Federal Register document is available N.J.A.C. 7:27B–3.4. Sampling facilities at www.gpoaccess.gov/fr. N.J.A.C. 7:27B–3.5. Source operations and comments. applicable test methods The Magnuson-Stevens Act authorizes N.J.A.C. 7:27B–3.6. Procedures for the SUMMARY: NMFS announces the the regional fishery management determinations of vapor pressures of a availability for public review and councils to create fishery management single known VOC or mixtures of known comment of proposed Fishery plans. The Council developed five FEPs, and/or unknown VOC Ecosystem Plans (FEPs) for American consistent with the Magnuson-Stevens N.J.A.C. 7:27B–3.7. Procedures for the direct Samoa, Hawaii, Mariana Archipelago, Act and the national standards for measurement of volatile organic Pacific remote island areas, and western fishery conservation and management. compounds using a flame ionization Pacific pelagic fisheries. The FEPs This notice announces that the FEPs are detector (FID), a photoionization detector would incorporate and reorganize available for public review and (PID) or a non-dispersive infrared elements of five existing western Pacific comment for 60 days. NMFS will analyzer (NDIR) N.J.A.C. 7:27B–3.8. Procedures for the direct fishery management plans from a consider public comments received measurement of volatile organic species- or fishery-basis, to one that is during the comment period in compounds using a gas chromatograph founded on geography. The FEPs would determining whether to approve, (GC) with a flame ionization detector not change current management partially approve, or disapprove the (FID) or other suitable detector measures. The objectives of the FEPs are FEPs.

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To date, fisheries in the western Jarvis Island, Baker Island, Howland expects to soon publish an associated Pacific have been managed through five Island, Johnston Atoll, and Wake proposed rule and request for public species- or fishery-specific fishery Island), and one FEP would manage comments regarding restructuring the management plans, specifically for western Pacific pelagic fisheries. The Code of Federal Regulations for western bottomfish and seamount groundfish, FEPs would incorporate and reorganize Pacific fisheries. crustaceans, precious corals, coral reef elements of the five existing fishery ecosystems, and western Pacific pelagic management plans, and facilitate an Authority: 16 U.S.C. 1801 et seq. fisheries. The proposed FEPs would ecosystem-based approach to fisheries Dated: September 21, 2009. cover archipelagos or other broad management by the Council and NMFS. Emily H. Menashes, geographic areas, including American Public comments on the five new Acting Director, Office of Sustainable Samoa, Hawaii, the Mariana Islands FEPs must be received by December 1, Fisheries, National Marine Fisheries Service. (Guam and the Northern Mariana 2009 to be considered by NMFS in the [FR Doc. E9–23817 Filed 10–1–09; 8:45 am] Islands), the Pacific remote island areas decision to approve, partially approve, (PRIA) (Palmyra Atoll, Kingman Reef, or disapprove the new plans. NMFS BILLING CODE 3510–22–S

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Notices Federal Register Vol. 74, No. 190

Friday, October 2, 2009

This section of the FEDERAL REGISTER [email protected]. Records generated register by contacting Corrine Sanders of contains documents other than rules or by this meeting may be inspected and the Central Regional Office and TTY/ proposed rules that are applicable to the reproduced at the Central Regional TDD telephone number, by 4 p.m. on public. Notices of hearings and investigations, Office, as they become available, both October 12, 2009. committee meetings, agency decisions and before and after the meeting. Persons Members of the public are entitled to rulings, delegations of authority, filing of petitions and applications and agency interested in the work of this advisory submit written comments. The statements of organization and functions are committee are advised to go to the comments must be received in the examples of documents appearing in this Commission’s Web site, http:// regional office by November 30, 2009. section. www.usccr.gov, or to contact the Central The address is U.S. Commission on Regional Office at the above e-mail or Civil Rights, 400 State Avenue, Suite street address. 908, Kansas City, Kansas 66101. COMMISSION ON CIVIL RIGHTS The meeting will be conducted Comments may be e-mailed to pursuant to the provisions of the rules [email protected]. Records generated Agenda and Notice of Public Meeting and regulations of the Commission and by this meeting may be inspected and of the Arkansas Advisory Committee FACA. reproduced at the Central Regional Office, as they become available, both Notice is hereby given, pursuant to Peter Minarik, the provisions of the rules and before and after the meeting. Persons Acting Chief, Regional Programs interested in the work of this advisory regulations of the U.S. Commission on Coordination Unit. committee are advised to go to the Civil Rights (Commission), and the [FR Doc. E9–23799 Filed 10–1–09; 8:45 am] Federal Advisory Committee Act Commission’s Web site, http:// BILLING CODE 6335–01–P (FACA), that a planning meeting of the www.usccr.gov, or to contact the Central Arkansas Advisory Committee to the Regional Office at the above e-mail or street address. Commission will convene by conference COMMISSION ON CIVIL RIGHTS call at 2:30 p.m. and adjourn at The meeting will be conducted approximately 3:30 p.m. on Thursday, Agenda and Notice of Public Meeting pursuant to the provisions of the rules October 29, 2009. The purpose of this of the Oklahoma Advisory Committee and regulations of the Commission and meeting is to plan activities for future FACA. Notice is hereby given, pursuant to SAC project. Peter Minarik, This meeting is available to the public the provisions of the rules and regulations of the U.S. Commission on Acting Chief, Regional Programs through the following toll-free call-in Coordination Unit. number: (866) 364–7584, conference call Civil Rights (Commission), and the [FR Doc. E9–23801 Filed 10–1–09; 8:45 am] access code number 29889655. Any Federal Advisory Committee Act interested member of the public may (FACA), that a planning meeting of the BILLING CODE 6335–01–P call this number and listen to the Oklahoma Advisory Committee to the meeting. Callers can expect to incur Commission will convene by conference charges for calls they initiate over call at 1:30 p.m. and adjourn at DEPARTMENT OF COMMERCE wireless lines, and the Commission will approximately 2:30 p.m. on Thursday, International Trade Administration not refund any incurred charges. Callers October 15, 2009. The purpose of this will incur no charge for calls they meeting is to plan activities for a future [A–570–851] initiate over land-line connections to SAC project. the toll-free telephone number. Persons This meeting is available to the public Certain Preserved Mushrooms From with hearing impairments may also through the following toll-free call-in the People’s Republic of China: follow the proceedings by first calling number: (866) 364–7584, conference call Preliminary Results of Antidumping the Federal Relay Service at 1–800–977– access code number 30354990. Any Duty New Shipper Review 8339 and providing the Service with the interested member of the public may AGENCY: Import Administration, conference call number and contact call this number and listen to the meeting. Callers can expect to incur International Trade Administration, name Farella E. Robinson. Department of Commerce. To ensure that the Commission charges for calls they initiate over secures an appropriate number of lines wireless lines, and the Commission will DATES: Effective Date: October 2, 2009. for the public, persons are asked to not refund any incurred charges. Callers SUMMARY: The Department of Commerce register by contacting Corrine Sanders of will incur no charge for calls they (the Department) is currently the Central Regional Office and TTY/ initiate over land-line connections to conducting a new shipper review of the TDD telephone number, by 4 p.m. on the toll-free telephone number. Persons antidumping duty order on certain October 23, 2009. with hearing impairments may also preserved mushrooms from the People’s Members of the public are entitled to follow the proceedings by first calling Republic of China (PRC) covering the submit written comments. The the Federal Relay Service at 1–800–977– period February 1, 2008, through comments must be received in the 8339 and providing the Service with the January 31, 2009. We preliminarily regional office by November 13, 2009. conference call number and contact determine that the sale made by Linyi The address is U.S. Commission on name Farella E. Robinson. City Kangfa Foodstuff Drinkable Co., Civil Rights, 400 State Avenue, Suite To ensure that the Commission Ltd. (Kangfa), and its affiliated supplier 908, Kansas City, Kansas 66101. secures an appropriate number of lines Linyi City Kangfa Foodstuff Drinkable Comments may be e-mailed to for the public, persons are asked to Co., Ltd., Pingyi Branch (Pingyi Branch)

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(collectively ‘‘Kangfa’’), was not made Period of Review this new shipper review. In evaluating below normal value (NV). If these The POR covers February 1, 2008, whether a single sale in a new shipper preliminary results are adopted in our through January 31, 2009. review is commercially reasonable, and final results of review, we will instruct therefore bona fide, the Department U.S. Customs and Border Protection Scope of the Order considers, inter alia, such factors as: (1) (CBP) to liquidate entries of The products covered by this order The timing of the sale; (2) the price and merchandise exported by Kangfa during are certain preserved mushrooms, quantity; (3) the expenses arising from the POR without regard to antidumping whether imported whole, sliced, diced, the transaction; (4) whether the goods duties. or as stems and pieces. The certain were resold at a profit; and (5) whether FOR FURTHER INFORMATION CONTACT: Fred preserved mushrooms covered under the transaction was made on an arm’s- Baker or Robert James, AD/CVD this order are the species Agaricus length basis. See Tianjin Tiancheng Operations, Office 7, Import bisporus and Agaricus bitorquis. Pharm. Co., Ltd. v. United States, 366 F. Administration, International Trade ‘‘Certain Preserved Mushrooms’’ refers Supp. 2d 1246, 1250 (CIT 2005). Administration, U.S. Department of to mushrooms that have been prepared Accordingly, the Department considers Commerce, 14th Street and Constitution or preserved by cleaning, blanching, and a number of factors in its bona fide Avenue, NW., Washington, DC 20230; sometimes slicing or cutting. These analysis, ‘‘all of which may speak to the telephone: (202) 482–2924 or (202) 482– mushrooms are then packed and heated commercial realities surrounding an 0649, respectively. in containers including, but not limited alleged sale of subject merchandise.’’ See Hebei New Donghua Amino Acid SUPPLEMENTARY INFORMATION: to, cans or glass jars in a suitable liquid medium, including, but not limited to, Co., Ltd. v. United States, 374 F. Supp. Background water, brine, butter or butter sauce. 2d 1333, 1342 (CIT 2005) (citing Fresh On February 19, 1999, the Department Certain preserved mushrooms may be Garlic From the People’s Republic of published in the Federal Register an imported whole, sliced, diced, or as China: Final Results of Antidumping Administrative Review and Rescission amended final determination and stems and pieces. Included within the of New Shipper Review, 67 FR 11283 antidumping duty order on certain scope of this order are ‘‘brined’’ (March 13, 2002) and accompanying preserved mushrooms from the PRC. mushrooms, which are presalted and Issues and Decision Memorandum). See Notice of Amendment of Final packed in a heavy salt solution to provisionally preserve them for further We preliminarily find the U.S. sale Determination of Sales at Less than Fair made by Kangfa during the POR was Value and Antidumping Duty Order: processing.1 Excluded from the scope of this order made on a bona fide basis. Specifically, Certain Preserved Mushrooms from the we find: (1) The timing of the sale does People’s Republic of China, 64 FR 8308 are the following: (1) All other species of mushroom, including straw not indicate the sale might not be bona (February 19, 1999) (Order). On fide; (2) the quantity of the sale was February 26, 2009, we received a timely mushrooms; (2) all fresh and chilled mushrooms, including ‘‘refrigerated’’ or within the range of the quantities of new shipper review request in other entries of subject merchandise accordance with section 751(a)(2)(B) of ‘‘quick blanched mushrooms’’ (3) dried mushrooms; (4) frozen mushrooms; and from the PRC into the United States the Tariff Act of 1930, as amended (the during the POR, based upon the Act), and 19 CFR 351.214(c), from (5) ‘‘marinated,’’ ‘‘acidified,’’ or ‘‘pickled’’ mushrooms, which are Department’s review of data obtained exporter and producer Kangfa. The from CBP; (3) Kangfa and its customer Department determined that this request prepared or preserved by means of vinegar or acetic acid, but may contain did not incur any extraordinary contained certain deficiencies, and expenses arising from the transaction; requested that Kangfa correct the oil or other additives. The merchandise subject to this order (4) the sale was resold at a profit; and submission. See March 12, 2009, and (5) the sale was made between March 20, 2009, letters from Robert is classifiable under subheadings: 2003.10.0127, 2003.10.0131, unaffiliated parties at arm’s-length. James, Program Manager, to Kangfa. In However, we also note that the price of accordance with the Department’s 2003.10.0137, 2003.10.0143, 2003.10.0147, 2003.10.0153 and this sale was not within the range of requests, Kangfa corrected the other entries of subject merchandise deficiencies in its submission dated 0711.51.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). during the POR. Nevertheless, we have March 26, 2009. On April 7, 2009, the determined that Kangfa’s selling price, Department published a notice in the Although the HTSUS subheadings are provided for convenience and Customs alone, does not raise any concerns with Federal Register initiating a new respect to bona fides. For a complete shipper review for Kangfa. See Certain purposes, the written description of the scope of this order is dispositive. review of our bona fides analysis, see Preserved Mushrooms from the People’s Memorandum from Fred Baker, Republic of China: Notice of Initiation Bona Fide Analysis International Trade Compliance of Antidumping Duty New Shipper Consistent with the Department’s Analyst, to The File via Robert James, Review, 74 FR 15698 (April 7, 2009) practice, we investigated the bona fide Program Manager, Office 7, ‘‘Bona Fide (Initiation Notice). nature of the sale made by Kangfa for Sales Analysis of Linyi City Kangfa We issued the standard antidumping Foodstuff Drinkable Co., Ltd. (Kangfa), duty questionnaire, along with the 1 On June 19, 2000, the Department affirmed that and Linyi City Kangfa Foodstuff standard importer questionnaire for new ‘‘marinated,’’ ‘‘acidified,’’ or ‘‘pickled’’ mushrooms Drinkable Co., Ltd., Pingyi Branch shipper reviews, on April 3, 2009, and containing less than 0.5 percent acetic acid are (Pingyi Branch) (collectively ‘Kangfa’) in received responses in May and June within the scope of the antidumping duty order. the Antidumping Duty New Shipper See Recommendation Memorandum-Final Ruling of 2009. We issued supplemental Request by Tak Fat, et al. for Exclusion of Certain Review of Certain Preserved Mushrooms questionnaires covering sections A, C, Marinated, Acidified Mushrooms from the Scope of from the People’s Republic of China,’’ and D of the original questionnaire on the Antidumping Duty Order on Certain Preserved dated concurrently with this notice. May 22, 2009, June 19, 2009, July 20, Mushrooms from the People’s Republic of China,’’ Based on our review of the record dated June 19, 2000. On February 9, 2005, the 2009, and August 10, 2009, and received United States Court of Appeals for the Federal evidence concerning the bona fide timely responses to those Circuit upheld this decision. See Tak Fat v. United nature of this sale, as well as Kangfa’s questionnaires. States, 396 F.3d 1378 (Fed. Cir. 2005). eligibility for a separate rate (see

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‘‘Separate Rates Determination’’ section, export licenses; (2) any legislative general manager is selected by the board below) and the Department’s enactments decentralizing control of of directors, and the general manager determination that Kangfa was not companies; and (3) any other formal appoints the manager of each affiliated with any exporter or producer measures by the government department; and (5) there is no that had previously shipped subject decentralizing control of companies. See restriction on the company’s use of merchandise to the United States, we Sparklers, 56 FR at 20589. In this new export revenues. preliminarily determine that Kangfa has shipper review, Kangfa submitted a Therefore, in the absence of either de met the requirements to qualify as a new complete response to the separate rates jure or de facto government control over shipper during the POR. Therefore, for section of the Department’s Kangfa’s export activities, we purposes of these preliminary results, questionnaire. The evidence submitted preliminarily find that Kangfa has we are treating the sale of subject in the instant review by Kangfa includes established prima facie that it qualifies merchandise to the United States as an government laws and regulations on for a separate rate under the criteria appropriate transaction for this new corporate ownership and control (i.e., established by Silicon Carbide and shipper review. the Company Law and the Foreign Sparklers. Trade Law of the People’s Republic of Non-Market Economy Country Status China), individual business licenses, Surrogate Country In every case conducted by the and narrative information regarding the When the Department investigates Department involving the PRC, we have company’s operations and selection of imports from an NME country, section treated the PRC as a non-market management. The evidence Kangfa 773(c)(1) of the Act directs it to base NV, economy (NME) country. In accordance provided supports a preliminary finding in most circumstances, on the NME with section 771(18)(C)(i) of the Act, of a de jure absence of government producer’s factors of production (FOPs), any determination that a foreign country control over its export activities valued in a surrogate market-economy is an NME country shall remain in effect because: (1) There are no controls on country or countries considered to be until revoked by the administering exports of subject merchandise, such as appropriate by the Department. In authority. None of the parties to this quotas applied to, or licenses required accordance with section 773(c)(4) of the proceeding have contested such for, exports of the subject merchandise Act, in valuing the FOPs, the treatment. Accordingly, we calculated to the United States; and (2) the Department shall utilize, to the extent NV in accordance with section 773(c) of government of the PRC has passed possible, the prices or costs of FOPs in the Act, which applies to NME legislation decentralizing control of one or more market-economy countries countries. companies. See Kangfa’s March 24, 2009 that are at a level of economic Separate Rates Determination submission at Appendix 2, and its April development comparable to that of the 22 submission at 4. NME country and are significant A designation of a country as an NME producers of comparable merchandise. remains in effect until it is revoked by Absence of De Facto Control The sources of the surrogate values we the Department. See section 771(18)(C) The absence of de facto government have used in this new shipper review of the Act. Accordingly, there is a control over exports generally is based are discussed under the ‘‘Normal Value’’ rebuttable presumption that all on whether the respondent: (1) Sets its section, below. On May 13, 2009, the companies within the PRC are subject to own export prices independent of the Department determined that India, the government control, and thus should be government and other exporters; (2) Philippines, Indonesia, Colombia, assessed a single antidumping duty rate. retains the proceeds from its export Thailand and Peru are countries It is the Department’s policy to assign sales and makes independent decisions comparable to the PRC in terms of all exporters of the merchandise subject regarding the disposition of profits or economic development, and requested to review in NME countries a single rate financing of losses; (3) has the authority comments from interested parties on unless an exporter can affirmatively to negotiate and sign contracts and other selecting the appropriate surrogate demonstrate an absence of government agreements; and (4) has autonomy from country for this review. See Letter to All control, both in law (de jure) and in fact the government regarding the selection Interested Parties, RE: New Shipper (de facto), with respect to exports. To of management. See Silicon Carbide, 59 Review of Certain Preserved Mushrooms establish whether a company is FR at 22586–87; Sparklers, 56 FR at from the People’s Republic of China: sufficiently independent to be entitled 20589; and Final Determination of Sales Linyi City Kangfa Foodstuff Drinkable to a separate, company-specific rate, the at Less Than Fair Value: Furfuryl Co., Ltd., dated May 18, 2009, at Department analyzes each exporting Alcohol From the People’s Republic of Attachment 1. No party submitted entity in an NME country under the test China, 60 FR 22544, 22545 (May 8, surrogate country selection comments. established in the Final Determination 1995). The Department has examined the of Sales at Less than Fair Value: In its April 22, 2009, submission, export levels 2 of subject merchandise Sparklers from the People’s Republic of Kangfa submitted evidence from the above-mentioned countries and China, 56 FR 20588 (May 6, 1991), demonstrating an absence of de facto found that India and Indonesia are (Sparklers) as amplified by the Notice of government control over its export significant producers of comparable Final Determination of Sales at Less activities. Specifically, this evidence merchandise. See Memorandum from Than Fair Value: Silicon Carbide from indicates: (1) The company sets its own Fred Baker, International Trade the People’s Republic of China, 59 FR export prices independent of the Compliance Analyst, to Richard Weible, 22585 (May 2, 1994) (Silicon Carbide). government and without the approval of a government authority; (2) the Office Director, ‘‘Antidumping Duty Absence of De Jure Control company retains the proceeds from its New Shipper Review of Certain Evidence supporting, though not sales and makes independent decisions Preserved Mushrooms from the People’s requiring, a finding of de jure absence regarding the disposition of profits or Republic of China: Selection of a of government control over export financing of losses; (3) the company has 2 The Department was unable to find world activities includes: (1) An absence of a general manager and a sales manager production data for subject merchandise and relied restrictive stipulations associated with with the authority to negotiate and bind on export data as a substitute for overall the individual exporter’s business and the company in an agreement; (4) the production.

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Surrogate Country,’’ dated concurrently POR which showed that the quantity submissions filed in three antidumping with this notice (Surrogate Country invoiced to the customer differed from duty cases. Specifically, we averaged Memorandum) at 4. During the POR the quantity indicated on the contract. the public brokerage and handling India had exports in both of the HTS See Kangfa’s June 3, 2009, submission at expenses reported by Navneet subheadings identified for subject 1 and Exhibit 1. However, we note that Publications (India) Ltd. in the 2007– merchandise, while Indonesia had the quantity and price of its U.S. sale 2008 administrative review of certain exports under only one of the HTS did not change from the contact date to lined paper products from India, Essar subheadings. Accordingly, we find that the invoice date, and the change in Steel Limited in the 2006–2007 the Indian export data are more quantity of non-subject fruit, which antidumping duty administrative review comprehensive and representative of respondent relied upon to justify the use of hot-rolled carbon steel flat products subject merchandise than Indonesian of invoice date, was within the tolerance from India, and Himalaya International export data. Id. at 5. level specified on the contract. Ltd. in the 2005–2006 administrative In selecting the appropriate surrogate Therefore, we do not consider this to be review of certain preserved mushrooms country, the Department examines the a change to the material terms of sale from India. The Department adjusted availability and reliability of data from relevant for purposes of determining the average brokerage and handling rate the countries deemed to be date of sale. Thus, we used the contract for inflation. See Surrogate Value economically comparable and date as the date of sale because there Memorandum at Exhibit 8. significant producers of subject were no changes to either the price or merchandise. For a description of our quantity of Kangfa’s U.S. sale after this Normal Value practice, see Department Policy Bulletin date, and there is no record evidence 1. Methodology No. 04.1: Non-Market Economy that the material terms of sale changed Section 773(c)(1)(B) of the Act Surrogate Country Selection Process following the contract date for any of provides that the Department shall (March 1, 2004). India has been the Kangfa’s other sales during the POR. primary surrogate country in numerous The contract date is therefore the date determine the NV using an FOP past segments for this proceeding. In that best represents when Kangfa methodology if the merchandise is those past segments, the Department established the material terms of sale. exported from an NME and the found India’s import statistics to be an See 19 CFR 351.401(i). information does not permit the available and reliable source for In accordance with section 772(a) of calculation of NV using home-market surrogate values. See Surrogate Country the Act, we based U.S. price on the prices, third-country prices, or Memorandum at 4. Therefore, because export price (EP) of the sale to the constructed value under section 773(a) India: (1) Is a significant producer of United States by Kangfa because the of the Act. The Department bases NV on comparable merchandise; (2) is at a first sale to an unaffiliated party was FOPs because the presence of similar level of economic development made before the date of importation and government controls on various aspects as the PRC; (3) has publicly available the use of constructed export price was of NMEs renders price comparisons and and reliable data, which the Department not otherwise warranted. We calculated the calculation of production costs has previously relied upon for EP based on the free-on-board (FOB) invalid under the Department’s normal numerous segments of this proceeding; price to the first unaffiliated purchaser methodologies. See Tapered Roller and, (4) has more comprehensive and in the United States. For this EP sale, we Bearings and Parts Thereof, Finished or more representative data regarding the deducted foreign inland freight and Unfinished, From the People’s Republic subject merchandise than the data foreign brokerage and handling from the of China: Preliminary Results of provided for Indonesia, the Department starting price (or gross unit price), in Antidumping Duty Administrative has selected India as the surrogate accordance with section 772(c) of the Review and Notice of Intent to Rescind country, pursuant to section 773(c)(4) of Act. For Kangfa’s U.S. sale, each of these in Part, 70 FR 39744 (July 11, 2005), the Act. See Surrogate Country services was provided by an NME unchanged in Tapered Roller Bearings Memorandum at 5. vendor. Thus, we based the deduction and Parts Thereof, Finished and of these movement charges on surrogate Unfinished, from the People’s Republic Fair Value Comparisons values. of China: Final Results of 2003–2004 To determine whether Kangfa’s sale of We valued truck freight expenses Administrative Review and Partial subject merchandise to the United using a per-unit average rate calculated Rescission of Review, 71 FR 2517 States was made at a price below NV, from data on the following Web site: (January 17, 2006). we compared its U.S. price to NV, as http://www.infobanc.com/logistics/ We calculated NV by adding together described in the ‘‘U.S. Price’’ and logtruck.htm. The logistics section of the value of the FOPs, general expenses, ‘‘Normal Value’’ sections of this notice, this Web site contains inland freight profit, and packing costs. The FOPs for below. truck rates between many large Indian subject merchandise include: (1) cities. We used data from this Web site Quantities of raw materials employed; U.S. Price for six months of the POR for which the (2) hours of labor required; (3) amounts In its section A response Kangfa Web site contained data. See of energy and other utilities consumed; stated that it intended to use the invoice Memorandum from Fred Baker, (4) representative capital and selling date as the date of sale, stating that this International Trade Compliance costs; and (5) packing materials. We was the date that best represented when Analyst, through Robert James, Program used the FOPs that Kangfa reported for the terms of sale are fixed. See Kangfa’s Manager, to the File, ‘‘New Shipper materials, energy, labor, and packing, April 22, 2009 section A submission at Review of Certain Preserved Mushrooms and valued those FOPs by multiplying 14. Later, in its submission of June 3, from the People’s Republic of China: the amount of the factor consumed in 2009, Kangfa attempted to show that the Surrogate Values for the Preliminary producing subject merchandise by the terms of sale sometimes change after the Results’’ (Surrogate Values average unit surrogate value of the contract date. Kangfa’s evidence Memorandum) at Exhibit 6. factor. consisted of a contract and invoice for We valued brokerage and handling In addition, we added freight costs to a shipment of non-subject fruit it had using a simple average of the brokerage the surrogate costs that we calculated made to the German market during the and handling costs reported in public for material inputs. We calculated

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freight costs by multiplying surrogate In calculating surrogate values from Indian import values derived from the freight rates by the shorter of the import statistics, in accordance with the World Trade Atlas online (WTA), for the reported distance from the domestic Department’s practice, we disregarded period February 2008 through January supplier to the factory that produced the statistics for imports from NME 2009. See Surrogate Values subject merchandise or the distance countries and countries deemed to Memorandum at Exhibits 2 and 3. In from the nearest seaport to the factory maintain broadly available, non- addition, we valued packing material that produced the subject merchandise, industry-specific subsidies which may inputs (cartons, labels, hard paper as appropriate. Where there were benefit all exporters to all export board, and glue) with weighted-average multiple domestic suppliers of a markets (e.g., Indonesia, South Korea, Indian import values derived from the material input, we calculated a and Thailand). See, e.g., Final WTA for the period February 2008 weighted-average distance after limiting Determination of Sales at Less Than through January 2009. Id. at Exhibit 5. each supplier’s distance to no more than Fair Value: Certain Automotive The Indian import statistics obtained the distance from the nearest seaport to Replacement Glass Windshields From from the WTA were published by the Kangfa. This adjustment is in The People’s Republic of China, 67 FR Indian Directorate General of accordance with the decision by the 6482 (February 12, 2002) and Commercial Intelligence and Statistics, Court of Appeals for the Federal Circuit accompanying Issues and Decision Ministry of Commerce of India, and are in Sigma Corp. v. United States, 117 Memorandum at Comment 1. See also contemporaneous with the POR. As the F.3d 1401, 1407–1408 (Fed. Cir. 1997). Notice of Preliminary Determination of Indian surrogate values were We offset Kangfa’s material costs for Sales at Less Than Fair Value, denominated in rupees, in accordance revenue generated from the sale of Postponement of Final Determination, with section 773A(a) of the Act, we copper wire scrap and tin scrap. See and Affirmative Preliminary converted them to U.S. dollars using the Surrogate Values Memorandum at Determination of Critical official exchange rate for India recorded Exhibit 8. Circumstances: Certain Color Television on the date of sale of subject We also increased the calculated costs Receivers From the People’s Republic of merchandise in this case. See http:// of the FOPs for surrogate general China, 68 FR 66800, 66808 (November www.ia.ita.doc.gov/exchange/ 28, 2003), unchanged in Notice of Final expenses and profit. See Surrogate index.. Determination of Sales at Less Than Values Memorandum at Exhibit 9. To value land rent, the Department Fair Value and Negative Final used data from the 2001 Punjab State 2. Selection of Surrogate Values Determination of Critical Development Report, administered by Circumstances: Certain Color Television In selecting surrogate values, we the Planning Commission of the Receivers From the People’s Republic of followed, to the extent practicable, the Government of India. Since the value of China, 69 FR 20594 (April 16, 2004). Department’s practice of choosing land rent was not contemporaneous Additionally, we excluded from our public values which are non-export with the POR, the Department adjusted calculations imports that were labeled averages, representative of a range of the value for inflation. See Surrogate as originating from an unspecified prices in effect during the POR, or over Values Memorandum at Exhibit 2. country because we could not determine We valued electricity using price data a period as close as possible in time to whether they were from an NME for small, medium, and large industries, the POR, product-specific, and tax- country. as published by the Central Electricity exclusive. See, e.g., Notice of We valued production material inputs Preliminary Determination of Sales at (mushroom spawn, wheat straw, and Authority of the Government of India in Less Than Fair Value, Negative manure) using the financial statements its publication titled Electricity Tariff & Preliminary Determination of Critical of Agro Dutch, an Indian producer of Duty and Average Rates of Electricity Circumstances and Postponement of mushrooms and vegetables, as follows. Supply in India, dated July 2006. These Final Determination: Certain Frozen To value the input of mushroom spawn, electricity rates represent actual and Canned Warmwater Shrimp From we used data from Agro Dutch’s FY country-wide publicly-available the Socialist Republic of Vietnam, 69 FR 2004–2005 (April 2004–March 2005) information on tax-exclusive electricity 42672, 42682 (July 16, 2004), unchanged financial statement because Agro rates charged to industries in India. As in Final Determination of Sales at Less Dutch’s mushroom spawn value is the rates listed in this source became Than Fair Value: Certain Frozen and specific to the species Agaricus effective on a variety of different dates, Canned Warmwater Shrimp From the bisporous, which is the species used to we are not adjusting the average value Socialist Republic of Vietnam, 69 FR produce subject merchandise. To value for inflation. See Surrogate Value 71005 (December 8, 2004). We also the input of wheat straw, we used the Memorandum at Exhibit 4. considered the quality of the source of wheat straw value from Agro Dutch’s FY To value water, the Department used surrogate information in selecting 2006–2007 (April 2006–March 2007) the revised Maharastra Industrial surrogate values. See Manganese Metal financial statement because this value is Development Corporation water rates, From the People’s Republic of China; specific to the input. To value the input which are available at http:// Final Results and Partial Rescission of of manure, we used the manure value www.midcindia.com/water-supply. The Antidumping Duty Administrative from Agro Dutch’s FY 2004–2005 Department found this source to be the Review, 63 FR 12440 (March 13, 1998). financial statement because this value is best available information since it Where we could obtain only surrogate specific to the input. See Surrogate includes a wide range of industrial values that were not contemporaneous Values Memorandum at Exhibit 2. We water rates. Since the water rates were with the POR, we inflated (or deflated) adjusted these values for inflation. See not contemporaneous with the POR, the the surrogate values using, where Surrogate Values Memorandum at Department adjusted the value for appropriate, the Indian wholesale price Exhibit 1. inflation. See Surrogate Values index (WPI) as published in We valued processing and canning Memorandum at Exhibit 4. International Financial Statistics by the material inputs (super calcium We valued coal using weighted- International Monetary Fund. See phosphate, calcium carbonate, salt, average Indian import values derived Surrogate Values Memorandum at citric acid, tin plate, copper wire, and from the WTA for the period February Exhibit 1. sealing glue) using weighted-average 2008 through January 2009. See

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Surrogate Values Memorandum at assessment rates based on the ratio of Manufacturer/exporter Margin Exhibit 4. (percent) the total amount of the dumping duties We valued truck freight expenses for calculated for the examined sales to the Linyi City Kangfa Foodstuff total entered value of those same sales. inputs using the same surrogate data we Drinkable Co., Ltd. (Kangfa) 0.00 used for valuing domestic inland freight We will instruct CBP to assess antidumping duties on all appropriate for Kangfa’s U.S. sale (i.e., we used data Public Comment from the Web site http:// entries covered by this review if any In accordance with 19 CFR www.infobanc.com/logistics/ importer-specific assessment rate 351.224(b), the Department will disclose calculated in the final results of this logtruck.htm, which contains inland to parties to this proceeding the review is above de minimis. However, freight truck rates between many large calculations performed in reaching the the final results of this review shall be Indian cities). See Surrogate Values preliminary results within five days of the basis for the assessment of Memorandum at Exhibit 6. publication of these preliminary results. antidumping duties on entries of The Department’s regulations require Interested parties may submit written merchandise covered by the final results the use of a regression-based wage rate. comments (case briefs) within 30 days of this review and for future deposits of See 19 CFR 351.408(c)(3). Therefore, to of publication of the preliminary results estimated duties, where applicable. value labor, the Department used the and rebuttal comments (rebuttal briefs) regression-based wage rate for the PRC within five days after the time limit for Cash Deposit Requirements filing case briefs. See 19 CFR published on the Import Administration The following cash deposit Web site. See the IA Web site: http:// 351.309(c)(1)(ii) and 351.309(d)(1). Pursuant to 19 CFR 351.309(d)(2), requirements, when imposed, will be ia.ita.doc.gov/wages/05wages/05wages- effective upon publication of the final 041608.html, and see Corrected 2007 rebuttal briefs must be limited to issues raised in the case briefs. Parties who results of this new shipper review for all Calculation of Expected Non-Market shipments of subject merchandise Economy Wages, 73 FR 27795 (May 14, submit arguments are requested to submit with the case or rebuttal briefs: exported by Kangfa entered, or 2008). (1) A statement of the issue; (2) a brief withdrawn from warehouse, for To value the surrogate financial ratios summary of the argument; and (3) a consumption on or after the publication for factory overhead (OH), selling, table of authorities. Further, the date, as provided by section 751(a)(2)(C) general & administrative (SG&A) Department requests that parties of the Act: (1) For subject merchandise expenses, and profit, the Department submitting written comments provide manufactured and exported by Kangfa, used the 2006–2007 financial statements the Department with a diskette the cash-deposit rate will be that of Agro Dutch and Flex Foods Limited containing the public version of those established in the final results of this (Flex Foods). Agro Dutch is a producer comments. review; (2) for subject merchandise of mushrooms, and Flex Foods is a Any interested party may request a exported by Kangfa but not producer of mushrooms and other hearing within 30 days of publication of manufactured by Kangfa, the cash vegetable products. Agro Dutch’s and this notice. See 19 CFR 351.310(c). deposit rate will continue to be the PRC- Flex Foods’ financial ratios for OH and Interested parties who wish to request a wide rate (i.e., 198.63 percent); and (3) SG&A are comparable to Kangfa’s hearing or to participate if one is for subject merchandise manufactured financial ratios because Agro Dutch’s requested, must submit a written by Kangfa but exported by any other and Flex Foods’ production experience request to the Assistant Secretary for party, the cash deposit rate will be the is comparable to Kangfa’s production Import Administration within 30 days rate applicable to the exporter. If the of publication of this notice. Requests cash deposit rate calculated for Kangfa experience by virtue of each company’s should contain: (1) The party’s name, in the final results is zero or de minimis, production of subject merchandise. address, and telephone number; (2) the a cash deposit will be not be required Moreover, an average of the financial number of participants; and (3) a list of for entries of subject merchandise both statements of Agro Dutch and Flex issues to be discussed. See 19 CFR produced and exported by Kangfa. Foods represents a broader spectrum of 351.310(c). Issues raised in the hearing These cash deposit requirements, when the Indian mushroom industry than will be limited to those raised in the imposed, shall remain in effect until does the financial statement of a single briefs. further notice. mushroom producer. See Surrogate Unless the deadline is extended Values Memorandum at Exhibit 9. pursuant to section 751(a)(2)(B)(iv) of Notification to Importers the Act, the Department will issue the Currency Conversion This notice serves as a preliminary final results of this new shipper review, reminder to importers of their including the results of our analysis of We made currency conversions into responsibility under 19 CFR the issues raised by the parties in their U.S. dollars, in accordance with section 351.402(f)(2) to file a certificate comments, within 90 days of 773A(a) of the Act, based on the regarding the reimbursement of publication of these preliminary results. exchange rates in effect on the dates of antidumping duties prior to liquidation the U.S. sales as certified by the Federal Assessment Rates of the relevant entries during this Reserve Bank. These exchange rates can Upon issuing the final results of the review period. Failure to comply with be accessed at the Web site of Import review, the Department shall determine, this requirement could result in the Administration at http://ia.ita.doc.gov/ and CBP shall assess, antidumping Secretary’s presumption that exchange/index.html. duties on all appropriate entries. The reimbursement of antidumping duties occurred and the subsequent assessment Preliminary Results of Review Department intends to issue assessment instructions to CBP 15 days after the of double antidumping duties. We preliminarily determine that the date of publication of the final results of This new shipper review and notice following dumping margin exists during review. Pursuant to 19 CFR are in accordance with sections the period February 1, 2008, through 351.212(b)(1), we will calculate 751(a)(2)(B) and 777(i) of the Act and 19 January 31, 2009: importer-specific ad valorem duty CFR 351.214(i).

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Dated: September 28, 2009. FOR FURTHER INFORMATION CONTACT: Toni July 30 and 31, 2009, the Department John M. Andersen, Page, Scott Lindsay, or Summer Avery, issued its verification reports. Acting Deputy Assistant Secretary for AD/CVD Operations, Office 6, Import On July 30, 2009, the Department Antidumping and Countervailing Duty Administration, International Trade preliminarily found Tianheng’s sale to Operations. Administration, U.S. Department of be not bona fide. See Memorandum [FR Doc. E9–23833 Filed 10–1–09; 8:45 am] Commerce, 14th Street and Constitution From Barbara E. Tillman, Office BILLING CODE 3510–DS–P Avenue, NW, Washington, DC 20230; Director, Office 6, Re: Bona Fide Nature telephone: (202) 482–1398, (202) 482– of the Sale in the Antidumping Duty 0780, or (202) 482–4052, respectively. New Shipper Review of Fresh Garlic DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: from the People’s Republic of China (‘‘PRC’’): Amended Intent to International Trade Administration Background Preliminarily Rescind Jinxiang [A–570–831] On May 4, 2009, the Department Tianheng Trade Co.’s New Shipper published in the Federal Register the Review, July 30, 2009 (Amended Fresh Garlic from the People’s preliminary results of the NSRs of the Memorandum). We continue to find Republic of China: Final Results and antidumping duty order on fresh garlic Tianheng’s sale to be not bona fide for Final Rescission, In Part, of New from the PRC. See Preliminary Results. these final results. Shipper Reviews Since the Preliminary Results, the In response to requests filed by following events have occurred. Petitioners and the NSR respondents, AGENCY: Import Administration, Hejia filed surrogate value (SV) the Department extended the due date International Trade Administration, information for its single–clove garlic on for case briefs until August 17, 2009. Department of Commerce. May 19, 2009. On May 22, 2009, we The Department received timely filed SUMMARY: The Department of Commerce extended the deadline for all interested case briefs from Petitioners, Hejia, (Department) is conducting the new parties to submit publicly available Yuanxiang, Chenglong, and Tianheng. shipper reviews (NSRs) of the information to value factors of On August 21, 2009, the Department antidumping duty order on fresh garlic production until June 9, 2009. advised Hejia and Tianheng that each from the People’s Republic of China Chenglong and Tianheng filed SV company’s brief contained new factual (PRC) covering the periods of review information on June 9, 2009. On June information and instructed both Hejia (PORs) of November 1, 2007 through 19, 2009, Fresh Garlic Producers and Tianheng to re–file their case briefs. April 30, 2008 and November 1, 2007 1 Association (FGPA) and its individual Hejia and Tianheng complied with the through June 9, 2008. As discussed members (Christopher Ranch L.L.C., the Department’s request and re–filed their below, we determine that sales have Garlic Company, Valley Garlic, and case briefs on August 28, 2009 and been made in the United States at prices Vessey and Company, Inc.) (collectively, September 9, 2009, respectively. In below normal value (NV) with respect to Petitioners), filed factual information response to requests filed by Petitioners two exporters who participated fully intended to rebut SV information filed and the NSR respondents, the and have demonstrated their eligibility by Chenglong and Tianheng. Department extended the deadline for for separate rates in the NSR: Chengwu On May 27, 2009, the Department rebuttal briefs to August 24, 2009, for County Yuanxiang Industry & issued a supplemental questionnaire to arguments regarding everything except Commerce, Ltd. (Yuanxiang) and Shandong Zhengyang with a due date of Hejia–related issues, and to August 28, Jinxiang Hejia Co., Ltd. (Hejia). In the June 10, 2009. On June 4, 2009, counsel 2009, for Hejia–specific matters. The preliminary results of this review, we for Zhengyang notified the Department Department received timely filed found Yuanxiang’s and Hejia’s POR that it was withdrawing its rebuttal briefs from all interested parties sales were made on a bona fide basis. representation of the company and on August 24 and 28, 2009. See Fresh Garlic From the People’s advised the Department to contact Scope of the Order Republic of China: Preliminary Results Zhengyang directly. On June 12, 2009, of New Shipper Reviews, 74 FR 20452 the Department sent a letter to The products covered by this Order (May 4, 2009) (Preliminary Results). We Zhengyang stating that we had not are all grades of garlic, whole or are continuing to find Yuanxiang’s and received its supplemental questionnaire separated into constituent cloves, Hejia’s sales to be bona fide for the final response and that we had canceled whether or not peeled, fresh, chilled, results of this review. In addition, we verification. Zhengyang did not respond frozen, provisionally preserved, or are rescinding the NSRs for four to the Department’s letter. packed in water or other neutral companies: Weifang Chenglong Import On May 27, 2009, the Department sent substance, but not prepared or & Export Co., Ltd. (Chenglong), Jinxiang a supplemental questionnaire to Hejia. preserved by the addition of other Tianheng Trade Co., Ltd. (Tianheng), The Department received Hejia’s timely ingredients or heat processing. The Jinxiang Zhengyang Import & Export response on June 2, 2009. On June 2, differences between grades are based on Co., Ltd. (Zhengyang), and Juye 2009, the Department was notified by color, size, sheathing, and level of Homestead Fruits and Vegetables Co., Juye that it was withdrawing from the decay. The scope of this order does not Ltd. (Juye). We intend to instruct U.S. NSR. include the following: (a) garlic that has Customs and Border Protection (CBP) to On June 4, 2009, we extended the been mechanically harvested and that is assess antidumping duties on entries of time limit for the completion of the final primarily, but not exclusively, destined subject merchandise during the POR for results of these reviews. See Fresh for non–fresh use; or (b) garlic that has which importer–specific assessment Garlic From the People’s Republic of been specially prepared and cultivated rates are above de minimis. China: Extension of Time Limit for the prior to planting and then harvested and EFFECTIVE DATE: October 2, 2009. Final Results of New Shipper Reviews, otherwise prepared for use as seed. The 74 FR 26839 (June 4, 2009). subject merchandise is used principally 1 We extended the end of the period of review The Department conducted as a food product and for seasoning. The (POR) from April 30, 2007 to June 9, 2008, to capture entries for three respondents. See the verification of the NSR respondents subject garlic is currently classifiable ‘‘Expansion of the POR’’ section in the Preliminary Chenglong, Hejia, and Yuanxiang from under subheadings 0703.20.0010, Results. June 22, 2009 through June 30, 2009. On 0703.20.0020, 0703.20.0090,

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0710.80.7060, 0710.80.9750, supplemental questionnaire and Juye not a bona fide sale. Finally, the 0711.90.6000, and 2005.90.9700 of the withdrew from its new shipper review Department continues to find Harmonized Tariff Schedule of the on June 4, 2009. By not fully Yuanxiang’s and Hejia’s sales to be bona United States (HTSUS). Although the participating in its new shipper review, fide for these final results. HTSUS subheadings are provided for each company has failed to establish Chenglong: In the Preliminary Results, convenience and customs purposes, our that it qualified for a separate rate. the Department noted that certain written description of the scope of this To establish whether a company information on the record called into order is dispositive. In order to be operating in a non–market economy question the bona fides of Chenglong’s excluded from the Order, garlic entered (NME) is sufficiently independent from sale and that we would continue to under the HTSUS subheadings listed the Government to be eligible for a examine all aspects of Chenglong’s POR above that is (1) mechanically harvested separate rate, the Department analyzes sale. See Preliminary Results at 20455. and primarily, but not exclusively, each exporting entity under the test After conducting verification of destined for non–fresh use or (2) established in the Final Determination Chenglong and reviewing interested specially prepared and cultivated prior of Sales at Less Than Fair Value: parties’ briefs, the Department has to planting and then harvested and Sparklers From the People’s Republic of determined that Chenglong’s sale was otherwise prepared for use as seed must China, 56 FR 20588 (May 6, 1991), as not a bona fide transaction. See the be accompanied by declarations to CBP amplified by the Notice of Final Chenglong Final Bona Fides to that effect. Determination of Sales at Less Than Memorandum for a more detailed Fair Value: Silicon Carbide from the discussion of the Department’s Analysis of Comments Received People’s Republic of China, 59 FR 22585 determination as well as the Issues and Issues raised in the case and rebuttal (May 2, 1994). Under the separate rates Decision Memorandum at Comment 2. briefs by parties to this proceeding and criteria, the Department assigns separate Accordingly, the Department is to which we have responded are listed rates in NME cases only if the rescinding this NSR with respect to in Appendix 1 to this notice and respondent can demonstrate the absence Chenglong. addressed in the Memorandum from of both de jure and de facto Tianheng: On July 30, 2009, the John Anderson, Acting Deputy Assistant governmental control over export Department preliminarily found Secretary for Import Administration Re: activities. We note that by failing to Tianheng’s sale to be not bona fide. See Fresh Garlic from the People’s Republic fully participate in their new shipper Amended Memorandum. As noted in of China: Issues and Decision reviews, Zhengyang and Juye did not the ‘‘Background’’ section, both Memorandum for the Final Results of demonstrate that they are free of Petitioners and Tianheng submitted the New Shipper Reviews and government control and, therefore, are briefs and rebuttal briefs regarding the Rescission, In Part, of the New Shipper not eligible to receive a separate rate, bona fides of Tianheng’s single sale. Reviews (Issues and Decision and as part of the NME–entity are not Based on our analysis of arguments Memorandum), September 24, 2009, eligible for a new shipper review. As made by the parties, the Department which is hereby adopted by this notice.2 such, the Department rescinds the new continues to find Tianheng’s sale to be Parties can find a complete discussion shipper reviews of Zhengyang and Juye. not bona fide. See Issues and Decision of the issues raised in these NSRs and Memorandum at Comment 3. Therefore, the corresponding recommendations in Bona Fides Analyses For Chenglong, we are rescinding the NSR with respect this public memorandum, which is on Tianheng, Yuanxiang and Hejia; and to Tianheng for these final results. file in the Central Records Unit (CRU), Final Rescission of New Shipper Yuanxiang: In the Preliminary Room 1117 of the main Department Reviews with Respect to Chenglong and Results, the Department preliminarily building. In addition, a copy of the Tianheng concluded that the single sale made by Issues and Decision Memorandum can While conducting a review, Yuanxiang was a bona fide commercial be accessed directly on our website at particularly a review where a company’s transaction. Petitioners and Yuanxiang http://ia.ita.doc.gov/. The paper copy margin would be based on a single sale, have submitted arguments as to whether and electronic version of the Issues and the Department examines price, the Department should rescind Decision Memorandum are identical in quantity, and other circumstances Yuanxiang’s NSR in these final results. content. associated with the sale under review, See the Yuanxiang Final Bona Fides and must determine if the sale was Memorandum for a more detailed Final Rescission of Zhengyang’s and based on normal commercial discussion of the Department’s Juye’s New Shipper Reviews considerations and presents an accurate determination as well as the Issues and Subsequent to our Preliminary representation of the company’s normal Decision Memorandum at Comment 4. Results, Zhengyang and Juye each business practices. If the Department Based on the totality of the ceased participation in its respective determines that the price was not based circumstances as discussed in the Issues new shipper review. Specifically, on normal commercial considerations or and Decision Memorandum addressing Zhengyang did not respond to the is atypical of the respondent’s normal Yuanxiang’s bona fides issues, for these Department’s May 27, 2009 business practices, including other sales final results, the Department continues of comparable merchandise, the sale to find that Yuanxiang’s sale was bona 2 In addition, due to the proprietary nature of may be considered non–bona fide. fide. See id. much of the information involved in company- specific discussions, the Department has found it In the Preliminary Results, the Hejia: In the Preliminary Results, the necessary to address certain issues in separate Department preliminarily found that Department noted that certain memoranda. See Bona Fide Nature of the Sale in the Chenglong’s, Hejia’s, and Yuanxiang’s information on the record called into Antidumping Duty New Shipper Review of Fresh single POR sales were made on a bona question the bona fides of Hejia’s POR Garlic from the People’s Republic of China (PRC): Jinxiang Hejia Co., Ltd (Hejia) (Hejia Final Bona fide basis. However, as a result of our sale and that we would continue to Fides Memorandum) and Bona Fide Nature of the analyses of information found during examine all aspects of Hejia’s sale. See Sale in the Antidumping Duty New Shipper Review the verification of these companies, as Preliminary Results at 20455. After of Fresh Garlic from the People’s Republic of China well as comments made by interested conducting verification of Hejia and (PRC): Weifang Chenglong Import and Export Co. Ltd. (Chenglong) (Chenglong Final Bona Fides parties, the Department has determined reviewing interested parties’ briefs, the Memorandum). that Chenglong’s POR transaction was Department has determined that Hejia’s

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sale was a bona fide transaction. See the proceedings within five days of the date deposit rate continues to be the per–unit Hejia Final Bona Fides Memorandum of publication of this notice. See 19 CFR PRC–wide rate; (3) for subject for a more detailed discussion of the 351.224(b). merchandise produced and exported by Department’s determination as well as Hejia the cash deposit rate will be the Assessment Rates the Issues and Decision Memorandum at per–unit rate determined in the final Comment 1. Based on the totality of the Consistent with the final results of the results of the new shipper review; (4) for circumstances as discussed in the Issues 13th administrative review (AR) and subject merchandise exported by Hejia and Decision Memorandum addressing NSRs of Fresh Garlic from the PRC, we but not produced by Hejia, the cash Hejia’s bona fides issues, for these final will direct CBP to assess importer– deposit rate continues to be the per–unit results, the Department continues to specific assessment rates based on the PRC–wide rate; and (5) for subject find that Hejia’s sale was bona fide. See resulting per–unit (i.e., per kilogram) merchandise produced or exported by id. amount on each entry of the subject Tianheng, Zhengyang, Chenglong, and merchandise during the POR. See Fresh Juye, the cash deposit rates continues to Changes Since the Preliminary Results Garlic from the People’s Republic of be the per–unit PRC–wide rate. These Based on our analysis of information China: Final Results and Partial requirements, when imposed, shall on the record of these reviews, and Rescission of the 13th Antidumping remain in effect until further notice. comments received from the interested Duty Administrative Review and New parties, we have made changes to the Shipper Reviews, 74 FR 29174, 29177 Notification to Importers financial ratios used to value overhead (June 19, 2009) (13th AR & NSRs of This notice serves as a final reminder expenses, selling expenses, general Fresh Garlic from the PRC). Therefore, to importers of their responsibility expenses, and profits for the the Department will determine, and CBP under 19 CFR 351.402(f)(2) to file a respondents. In these final results, for shall assess, antidumping duties on all certificate regarding the reimbursement Yuanxiang, we are calculating surrogate appropriate entries pursuant to section of antidumping duties prior to financial ratios using a simple average 751(a)(2)(A) of the Act and 19 CFR liquidation of the relevant entries of financial data from four Indian 351.212(b)(1). The Department will during this review period. Failure to processors of tea, coffee, and rice. Using issue appropriate assessment comply with this requirement could an average of these four companies’ data instructions directly to CBP 15 days result in the Secretary’s presumption allows us to calculate financial ratios after publication of the final results of that reimbursement of antidumping that better reflect the broader experience this review. For assessment purposes, duties occurred and the subsequent of the surrogate industry. See Issues and we calculated importer–specific assessment of double antidumping Decision Memorandum at Comment 7 assessment rates for fresh garlic from the duties. and Final Surrogate Values PRC. Specifically, we divided the total Memorandum. Also, based on our dumping margins for each importer by Administrative Protective Orders findings at verification, the Department the total quantity of subject This notice also serves as a reminder is adjusting Yuanxiang’s factors merchandise sold to that importer to parties subject to administrative regarding packing for these final results. during the POR to calculate a per–unit protective orders (APO) of their See Yuanxiang Verification Report at 3. assessment amount. We will direct CBP responsibility concerning the return or The Department has also made changes to assess importer–specific assessment destruction of proprietary information to the valuation of Hejia’s single–clove rates based on the resulting per–unit disclosed under APO in accordance garlic input. The specific changes, (i.e., per kilogram) amount on each with 19 CFR 351.305, which continues which includes business proprietary entry of the subject merchandise during to govern business proprietary information, are addressed in the the POR if any importer–specific information in this segment of the Memorandum from Nicholas assessment rate calculated in the final proceeding. Timely written notification Czajkowski, Case Analyst, Re: New results of this review is above de of the return/destruction of APO Shipper Review of Fresh Garlic from the minimis. materials or conversion to judicial People’s Republic of China: Analysis for Cash Deposit Requirements protective order is hereby requested. the Final Results of Jinxiang Hejia Co., Failure to comply with the regulations Ltd. (Hejia). Consistent with the final results of the and terms of an APO is a violation 13th AR & NSRs of Fresh Garlic from FINAL RESULTS OF NEW SHIPPER which is subject to sanction. the PRC, we will collect a per kilogram These new shipper reviews and notice REVIEWS cash–deposit amount which will be the are issued and published in accordance As a result of our reviews, we per–unit equivalent of the company– with sections 751(a)(2)(B) and 777(i) of determine that the following margins specific dumping margin published in the Act and 19 CFR and 351.214. exist for the periods November 1, 2007 the final results of these reviews. The Dated: September 24, 2009. through April 30, 2008 and November 1, following cash deposit requirements 2007 through June 9, 2008: will be effective upon publication of the Ronald K. Lorentzen, final results of these reviews for all Acting Assistant Secretary for Import Administration. FRESH GARLIC FROM THE PRC 2007– shipments of the subject merchandise 2008 NEW SHIPPER REVIEWS entered, or withdrawn from warehouse, Appendix I for consumption on or after the Comment 1: Whether Hejia’s Sale is Exported and Produced by publication date of the final results, as Bona Fide Chengwu County Yuanxiang In- provided by section 751(a)(1) of the Act: Comment 2: Whether Chenglong’s Sale dustry & Commerce, Ltd...... 115.29 (1) for subject merchandise produced is Bona Fide Exported and Produced by and exported by Yuanxiang the cash Jinxiang Hejia Co., Ltd...... 15.37 Comment 3: Whether Tianheng’s Sale is deposit rate will be the per–unit rate Bona Fide determined in the final results of the Comment 4: Whether Yuanxiang’s Sale Disclosure new shipper review; (2) for subject is Bona Fide We will disclose the calculations used merchandise exported by Yuanxiang but Comment 5: Surrogate Value of Single– in our analysis to parties to these not produced by Yuanxiang, the cash Clove Garlic

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Comment 6: Calculation of Yield Loss of Amended Final Determination of Decision Memo is a public document Factor Sales at Less Than Fair Value and and is on file in the Central Records Comment 7: Financial Ratios Antidumping Duty Order: Certain Non– Unit (‘‘CRU’’), Main Commerce Comment 8: Whether to Calculate Frozen Apple Juice Concentrate from Building, Room 1117, and is accessible Separate Financial Ratios for Whole the People’s Republic of China, 65 FR on the Web at http://www.trade.gov/ia. Garlic and Peeled Garlic 35606 (June 5, 2000) (‘‘Order’’). On June The paper copy and the electronic [FR Doc. E9–23834 Filed 10–1–09; 8:45 am] 30, 2009, the Department published in version of the memorandum are BILLING CODE 3510–DS–S the Federal Register the Preliminary identical in content. Results of this administrative review. FINAL RESULTS OF THE REVIEW On July 17, 2009, Itochu filed comments DEPARTMENT OF COMMERCE regarding the Department’s Preliminary The Department has determined that Results. On July 22, 2009, The the final dumping margin for the POR International Trade Administration Department subsequently rejected these is: [A–570–855] comments as they contained an untimely submission of new factual NON–FROZEN APPLE JUICE Non–Frozen Apple Juice Concentrate information. See Memorandum to the CONCENTRATE FROM THE PRC from the People’s Republic of China: File, from Alexis Polovina, Case Analyst, Office 9, through Alex Weighted–Average Final Results for the Administrative Exporter Margin (Percent) Review Villanueva, Program Manager, Office 9, regarding ‘‘Administrative Review of Itochu Corporation ...... 0.00 AGENCY: Import Administration, Apple Juice Concentrate from the International Trade Administration, People’s Republic of China: Rejection of ASSESSMENT RATES Department of Commerce. New Information’’ dated July 22, 2009 SUMMARY: The Department is conducting (‘‘Rejection of New Information’’). As Upon issuance of the final results, the an administrative review of this Order, the deadline to submit case briefs was Department will determine, and the CBP covering the period of review (‘‘POR’’) July 30, 2009, the Department allowed shall assess, antidumping duties on all of June 1, 2007, - May 31, 2008. The Itochu to resubmit their case brief. appropriate entries on an ad valorem Department preliminarily found that Itochu submitted a revised case brief on basis. The Department intends to issue Itochu Corporation and its wholly– July 30, 2009. No other party filed assessment instructions to CBP 15 days owned subsidiaries, Yitian Juice comments and no party requested a after the date of publication of the final (Shaanxi) Co., Ltd. and Laiyang Yitian public hearing. results of review. Pursuant to 19 CFR Juice Co., Ltd., (collectively known as 351.212(b)(1), we will calculate SCOPE OF THE ORDER ‘‘Itochu’’) did not sell the subject importer–specific (or customer) duty merchandise at less than normal value The product covered by this order is assessment rates based on the ratio of (‘‘NV’’) and thus assigned a zero margin certain non–frozen apple juice the total amount of dumping margins for the POR. See Non–Frozen Apple concentrate. Apple juice concentrate is calculated for the examined sales to the Juice Concentrate from the People’s defined as all non–frozen concentrated total entered value of those same sales. Republic of China: Preliminary Results apple juice with a brix scale of 40 or We will instruct CBP to assess for the Administrative Review, 74 FR greater, whether or not containing antidumping duties on all appropriate 31238 (June 30, 2009) (‘‘Preliminary added sugar or other sweetening matter, entries covered by this review if any Results’’). Based upon our analysis of and whether or not fortified with importer–specific assessment rate comments received, the Department vitamins or minerals. Excluded from the calculated in the final results of this made no changes to the margin scope of this order are: frozen review is above de minimis, i.e., less calculations in the final results. concentrated apple juice; non–frozen than 0.50 percent. Therefore, we will instruct the U.S. concentrated apple juice that has been CASH–DEPOSIT REQUIREMENTS Customs and Border Protection (‘‘CBP’’) fermented; and non–frozen apple juice The following cash deposit to assess antidumping duties on entries to which spirits have been added. requirements will be effective upon of subject merchandise during the POR The merchandise subject to this order publication of the final results of this for which the importer–specific is classified in the Harmonized Tariff administrative review for all shipments assessment rates are above de minimis. Schedule of the United States (‘‘HTSUS’’) at subheadings of subject merchandise from Itochu EFFECTIVE DATE: October 2, 2009. 2106.90.52.00, and 2009.70.00.20 before entered, or withdrawn from warehouse, FOR FURTHER INFORMATION CONTACT: January 1, 2002, and 2009.79.00.20 after for consumption on or after the Alexis Polovina, AD/CVD Operations, January 1, 2002. Although the HTSUS publication date, as provided for by Office 9, Import Administration, subheadings are provided for section 751(a)(2)(C) of the Tariff Act of International Trade Administration, convenience and customs purposes, the 1930, as amended (‘‘Act’’):(1) For U.S. Department of Commerce, 14th written description of the scope of the subject merchandise exported by Itochu, Street and Constitution Ave, NW, order is dispositive. no deposit will be required; (2) for Washington DC 20230; telephone (202) companies previously found to be 482–3927. ANALYSIS OF COMMENTS RECEIVED entitled to a separate rate in prior SUPPLEMENTARY INFORMATION: All issues raised in the comments by segments of the proceeding, and for Itochu are addressed in the concurrent which no review has been requested, CASE HISTORY Issues and Decision Memorandum the cash deposit rate will continue to be On June 5, 2000, the Department of (‘‘Issues and Decision Memo’’), which is the rate established in the most recent Commerce (‘‘Department’’) published in hereby adopted by this notice. A list of review of that company; (3) for all other the Federal Register the antidumping the issues which Itochu raised and to PRC exporters, the cash deposit rate will duty order on certain non–frozen apple which we respond in the Issues and be 51.74 percent, the PRC country–wide juice concentrate from the People’s Decision Memo is attached to this notice ad–valorem rate; and (4) for non–PRC Republic of China (‘‘PRC’’). See Notice as an Appendix. The Issues and exporters of subject merchandise from

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the PRC to the United States, the cash DEPARTMENT OF COMMERCE hangers with a diameter of 3.4 mm or deposit rate will be the rate applicable greater. In its submission, Petitioner to the PRC exporter that supplied that International Trade Administration stated that it no longer had any interest non–PRC exporter. These deposit [A–570–918] in seeking antidumping relief from requirements, when imposed, shall imports of such chrome-plated steel remain in effect until further notice. Steel Wire Garment Hangers From the wire garment hangers, as defined in the People’s Republic of China: Final ‘‘Scope of the Amended Order’’ section REIMBURSEMENT OF DUTIES Results of Changed Circumstances below. Petitioner further stated that Review, and Revocation in Part of This notice serves as a final reminder domestic producers Shanti Industries Antidumping Duty Order to importers of their responsibility Inc. (‘‘Shanti’’) and Metro Supply under 19 CFR 351.402(f)(2) to file a AGENCY: Import Administration, Company (‘‘Metro’’) (collectively, certificate regarding the reimbursement International Trade Administration, ‘‘Supporters’’) support the request for a of antidumping duties prior to Department of Commerce changed circumstances review that it filed on February 3, 2009. Additionally, liquidation of the relevant entries DATES: Effective Date: October 2, 2009. Petitioner stated in its request that during this POR. Failure to comply with SUMMARY: On March 19, 2009, the together it and the Supporters account this requirement could result in the Department of Commerce for substantially all of the steel wire Sectary’s presumption that (‘‘Department’’) published a notice of garment hangers production in the reimbursement of antidumping duties initiation and preliminary results of United States. occurred and the subsequent assessment antidumping duty changed of double antidumping duties. circumstances review with intent to On March 19, 2009, the Department revoke, in part, the antidumping duty published a notice of Initiation and ADMINISTRATIVE PROTECTIVE order 1 on steel wire garment hangers Preliminary Results of changed ORDERS from the People’s Republic of China circumstances review with intent to (‘‘PRC’’) in the Federal Register. See revoke, in part, the Order with regard to This notice also serves as a reminder Steel Wire Garment Hangers from the chrome-plated steel wire garment to parties subject to administrative People’s Republic of China: Initiation hangers with a diameter of 3.4 mm or protective orders (‘‘APO’’) of their and Preliminary Results of Changed greater. We invited parties to comment responsibility concerning the return or Circumstances Review, and Intent to on the preliminary results. destruction of proprietary information Revoke Order in Part, 74 FR 11713 On April 1, 2009, the Department disclosed under APO in accordance (March 19, 2009) (‘‘Initiation and received comments from Merrick with 19 CFR 351.305, which continues Preliminary Results’’). The Department to govern business proprietary is now revoking the Order, in part, with Engineering, Inc. (‘‘Merrick’’) in information in this segment of the regard to the following product: chrome- opposition to the changed proceeding. Timely written notification plated steel wire garment hangers with circumstances review, challenging of the return/destruction of APO a diameter of 3.4 mm or greater. Petitioner and Supporters’ claim that they represent substantially all materials or conversion to judicial FOR FURTHER INFORMATION CONTACT: production of the domestic like product. protective order is hereby requested. Blaine Wiltse, Import Administration, The Department received surrebuttal Failure to comply with the regulations International Trade Administration, comments from Econoco Corporation on and terms of an APO is a violation, U.S. Department of Commerce, 14th April 8, 2009, and from both Petitioner which is subject to sanction. Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) and Target Corporation on April 13, We are issuing and publishing this 482–6345. 2009. determination in accordance with On May 29, 2009, the Department sections 751(a)(1) and 777(i) of the Act, Background 2 requested domestic production data for and 351.221(b)(5). On February 3, 2009, the Department the period April 1, 2008, through March Dated: September 25, 2009. received a request on behalf of M&B 31, 2009, from Merrick and Petitioner. Ronald K. Lorentzen, Metal Products Company, Inc. On June 5, 2009, and June 8, 2009, (‘‘Petitioner’’), for revocation, in part, of Acting Assistant Secretary for Import Petitioner and Merrick submitted the Order, pursuant to sections 751(b)(1) Administration. responses to the Department’s request and 782(h) of the Tariff Act of 1930, as for additional production information, Appendix—Issues and Decision amended (‘‘Act’’), with respect to respectively. On July 8, 2009, the Memorandum chrome-plated steel wire garment Department requested that Petitioner and Merrick each submit their domestic Comment 1: Calculation of the 1 See Notice of Antidumping Duty Order: Steel production data, for the period April 1, Denominator Wire Garment Hangers from the People’s Republic of China, 73 FR 58111 (Oct. 6, 2008) (‘‘Order’’). 2008, through March 31, 2009, in the Comment 2: Rejection of New 2 The Department received requests from form of individual monthly production Information American Hanger and Fixture Corporation on totals. On July 15, 2009, Merrick [FR Doc. E9–23836 Filed 10–1–09; 8:45 am] December 1, 2008, and from Econoco Corporation submitted its monthly production data on December 3, 2008, for a scope ruling on whether BILLING CODE 3510–DS–S its imports of chrome-plated hangers with a to the Department. On July 15, 2009, diameter of 4.0 mm and 3.4 mm, respectively, are Petitioner submitted monthly covered by the Order. However, because the production data for itself and the Department is, herein, revoking the Order, in part, companies Shanti, and Ganchos N.V. as it applies to imports of chrome-plated steel wire garment hangers with a diameter of 3.4 mm or (‘‘Ganchos’’). On July 17, 2009, greater, we find that it is unnecessary to Petitioner resubmitted its, Shanti’s, and individually examine these scope requests as the Ganchos’ monthly production data and products in question have been excluded from the included monthly production data for scope of the Order through the final results of this changed circumstances review. Metro. On August 19, 2009, Merrick

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withdrew its opposition 3 to the partial Final Results of Changed antidumping duty by the Department. revocation of the Order with respect to Circumstances Review; Partial We will instruct the U.S. Customs and chrome-plated steel wire garment Revocation of Antidumping Duty Order Border Protection to liquidate without hangers with a diameter of 3.4 mm or In accordance with section 751(b) of regard to antidumping duties, as greater. the Act and 19 CFR 351.222(g), the applicable, and to refund any estimated On September 3, 2009, the Department continues to find, as it did cash deposits collected for all Department requested comments from in the Initiation and Preliminary unliquidated entries of chrome-plated Petitioner with regard to the effective Results, that U.S. producers steel wire garment hangers with a date for the final results of this changed representing substantially all of the diameter of 3.4 mm or greater, meeting circumstances review. On September 9, production of the domestic like product the specifications indicated above, made 2009, Petitioner submitted a letter in pertaining to the part of the Order to be on or after March 25, 2008, in which it stated that it took no position revoked have expressed a lack of accordance with 19 CFR 351.222. regarding the effective date for the final interest in the part of the revoked Order. This notice also serves as a reminder results in this changed circumstances Specifically, we find that Petitioner and to parties subject to administrative review. On September 11, 2009, the Supporters represent substantially all protective orders (‘‘APO’’s) of their Department received comments from U.S. production of the like product, responsibility concerning the disposition of proprietary information Target Corporation requesting that the have expressed an affirmative statement disclosed under APO in accordance final results of this changed of no interest concerning chrome-plated with 19 CFR 351.306. Timely written circumstances review be applied steel wire garment hangers with a notification of the return/destruction of retroactively to all unliquidated entries. diameter of 3.4 mm or greater, as described herein, and that this APO materials or conversion to judicial Scope of the Changed Circumstances constitutes changed circumstances protective order is hereby requested. Review sufficient to warrant revocation of this Failure to comply with the regulations and terms of an APO is a sanctionable The merchandise covered by this Order in part. Additionally, although the Department requested domestic violation. changed circumstances review is steel This changed circumstances production data from Merrick and wire garment hangers from the PRC administrative review, partial Petitioner, Merrick subsequently meeting the following criteria: the steel revocation of the antidumping duty withdrew its opposition to Petitioner’s wire garment hanger must be chrome- order and notice are in accordance with request to revoke the Order, in part. plated with a diameter of 3.4 mm or sections 751(b), (d) and 782(h) of the Therefore, the Department finds that greater. Effective upon publication of Act, and 19 CFR 351.216(e) and there is no domestic industry these final results of changed 351.222(g). circumstances review in the Federal opposition, on the record of this review, Dated: September 24, 2009. Register, the amended scope of the to Petitioner’s request to revoke the Order will read as stated below. Order, in part, with regard to chrome- Ronald K. Lorentzen, plated steel wire garment hangers with Acting Assistant Secretary for Import Scope of the Amended Order a diameter of 3.4 mm or greater. Administration. Accordingly, the Department is partially [FR Doc. E9–23798 Filed 10–1–09; 8:45 am] The merchandise that is subject to the revoking the Order on steel wire order is steel wire garment hangers, BILLING CODE 3510–DS–P garment hangers from the PRC with fabricated from carbon steel wire, respect to chrome-plated steel wire whether or not galvanized or painted, garment hangers with a diameter of 3.4 whether or not coated with latex or COMMODITY FUTURES TRADING mm or greater, in accordance with COMMISSION epoxy or similar gripping materials, sections 751(b), (d) and 782(h) of the and/or whether or not fashioned with Act, and 19 CFR 351.216(d) and Agency Information Collection paper covers or capes (with or without 351.222(g) of the Department’s Activities: Notice of Intent To Renew printing) and/or nonslip features such regulations. Collection 3038–0031, Procurement as saddles or tubes. These products may In this changed circumstances review Contracts also be referred to by a commercial we are revoking the Order, in part, designation, such as shirt, suit, strut, retroactively, in accordance with our AGENCY: Commodity Futures Trading caped, or latex (industrial) hangers. normal practice for this type of changed Commission. Specifically excluded from the scope of circumstances review,4 to March 25, ACTION: Notice. the order are wooden, plastic, and other 2008, (the effective date of the SUMMARY: The Commodity Futures garment hangers that are not made of Preliminary Determination 5 in the Trading Commission (‘‘the steel wire. Also excluded from the scope original less-than-fair-value- Commission’’) is announcing an of the order are chrome-plated steel wire investigation) because entries on or after opportunity for public comment on the garment hangers with a diameter of 3.4 this date are not yet subject to a final proposed collection of certain mm or greater. The products subject to determination of the amount of the order are currently classified under information by the agency. Under the Paperwork Reduction Act of 1995 HTSUS subheadings 7326.20.0020 and 4 See Stainless Steel Bar From the United 7323.99.9060. Kingdom: Notice of Final Results of Changed (PRA), 44 U.S.C. 3501 et seq., Federal Circumstances Review and Revocation of Order, in agencies are required to publish notice Although the HTSUS subheadings are Part, 72 FR 65706 (November 23, 2007); see also in the Federal Register concerning each provided for convenience and customs Notice of Final Results of Antidumping Duty proposed collection of information, and purposes, the written description of the Changed Circumstances Review and Revocation of to allow 60 days for comment in merchandise is dispositive. Order In Part: Certain Corrosion-Resistant Carbon Steel Flat Products from Germany, 71 FR 66163 response to the notice. This notice (November 13, 2006). solicits comments on requirements 3 5 See Letter from Merrick, Re: Steel Wire Garment See Preliminary Determination of Sales at Less relating to information collected to Hangers From the People’s Republic of China; A– Than Fair Value: Steel Wire Garment Hangers from 570–918; Notice of Withdrawal by Merrick the People’s Republic of China, 73 FR 15726 (March assist the Commission in soliciting and Engineering, Inc., submitted on August 19, 2009. 25, 2008) (‘‘Preliminary Determination’’). awarding contracts.

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DATES: Comments must be submitted on the Federal Register concerning each • Ways to minimize the burden of or before December 1, 2009. proposed collection of information, collection of information on those who ADDRESSES: Comments may be mailed to including each proposed extension of an are to respond, including through the Steven A. Grossman, Office of Financial existing collection of information, use of appropriate electronic, Management, U.S. Commodity Futures before submitting the collection to OMB mechanical, or other technological Trading Commission, 1155 21st Street for approval. To comply with this collection techniques or other forms of NW., Washington, DC 20581. requirement, the Commission is information technology; e.g., permitting FOR FURTHER INFORMATION CONTACT: publishing notice of the proposed electronic submission of responses. Steven A. Grossman, (202) 418–5192; collection of information listed below. FAX (202) 418–5529; e-mail: With respect to the following Procurement Contracts, OMB Control [email protected]. collection of information, the No. 3038–0031—Extension Commission invites comments on: SUPPLEMENTARY INFORMATION: Under the The information collection consists of • Whether the proposed collection of PRA, Federal agencies must obtain procurement activities relating to information is necessary for the proper approval from the Office of Management solicitations, amendments to performance of the functions of the and Budget (OMB) for each collection of solicitations, requests for quotations, information they conduct or sponsor. Commission, including whether the information will have a practical use; construction contracts, awards of ‘‘Collection of information’’ is defined contracts, performance bonds, and • The accuracy of the Commission’s in 44 U.S.C. 3502(3) and 5 CFR payment information for individuals 1320.3(c) and includes agency requests estimate of the burden of the proposed (vendors) or contractors engaged in or requirements that members of the collection of information, including the providing supplies or services. public submit reports, keep records, or validity of the methodology and provide information to a third party. assumptions used; The Commission estimates the burden Section 3506(c)(2)(A) of the PRA, 44 • Ways to enhance the quality of, of this collection of information as U.S.C. 3506(c)(2)(A), requires Federal usefulness, and clarity of the follows: agencies to provide a 60-day notice in information to be collected; and

ESTIMATED ANNUAL REPORTING BURDEN

Frequency of Total annual Hours per Annual number of respondents response responses response Total hours

182 ...... Annually 182 2 364

There are no capital costs or operating interruption and degradation of backshore areas that directly influence and maintenance costs associated with nearshore habitat resulting from the conditions along the marine shoreline to this collection. disturbance of habitat forming processes the depth offshore where light Dated: September 28, 2009. caused by various human influences. penetration falls below a level that David Stawick, This environmental impact statement supports plant growth and in river will be a combined Federal NEPA and deltas to the head of tide) which Secretary of the Commission. Washington State Environmental Policy encompasses Whatcom, Skagit, Island, [FR Doc. E9–23815 Filed 10–1–09; 8:45 am] Act (SEPA) document. The lead agency San Juan, Snohomish, King, Pierce, BILLING CODE P for SEPA will be the Washington Thurston, Mason, Kitsap, Jefferson, and Department of Fish and Wildlife. This is Clallam counties, Washington. For an opportunity for public comment; preparation of this draft PEIS, the Corps, DEPARTMENT OF DEFENSE there will not be a separate SEPA Seattle District is the lead Federal process. agency under NEPA (42 U.S.C. 4321 et Department of the Army; Corps of seq.) and the Council on Environmental DATES: See SUPPLEMENTARY INFORMATION Engineers Quality’s implementing guidelines (40 section for meeting dates. CFR 1500–1508). The Washington Intent To Prepare a Draft Programmatic ADDRESSES: Mrs. Chemine Jackels, Department of Fish and Wildlife is the Environmental Impact Statement for Environmental Resources Section, U.S. lead State agency under the Washington the Puget Sound Nearshore Marine Army Corps of Engineers, P.O. Box SEPA (Chapter 43.21C RCW) and the Habitat Restoration Project, WA 3755, Seattle, WA 98124–3755. SEPA guidelines (Chapter 197–11 FOR FURTHER INFORMATION CONTACT: AGENCY: Department of the Army, U.S. WAC). Army Corps of Engineers, DoD. Questions regarding the scoping process The Corps is authorized to study or preparation of the draft PEIS may be Puget Sound water uses under Section ACTION: Notice of intent. directed to: Chemine Jackels (206) 764– 209 of the River and Harbor Act of 1962 SUMMARY: Pursuant to Section 102(2)(c) 3646. (Pub. L. 87–874). Corps of Engineers of the National Environmental Policy SUPPLEMENTARY INFORMATION: activities in ecosystem restoration will Act (NEPA) of 1969, as amended, the 1. Proposed Action: The Corps of concentrate on restoring and performing U.S. Army Corps of Engineers (Corps), Engineers and the Washington scientific analysis of habitat forming Seattle District, as lead Federal agency, Department of Fish and Wildlife processes (i.e., hydrology, sediment will prepare a draft Programmatic propose to evaluate alternative process transport, nutrient delivery) in the Environmental Impact Statement (PEIS) based habitat restoration actions in the marine nearshore zone of Puget Sound. evaluating a process based restoration nearshore zone of Puget Sound (defined The proposed action could potentially project in the marine nearshore zone of as that portion of Puget Sound that restore nearshore ecosystem habitat and Puget Sound, Washington to address the extends waterward from the upland and processes by reconnecting isolated

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habitat elements, increasing shoreform alternatives. This notice of intent Endangered Species Act. Coordination diversity, establishing areas of estuarine formally commences the joint scoping will be continued with the U.S. Fish habitat, increasing floodplain habitat process under NEPA and SEPA. As part and Wildlife Service to meet the and connectivity, restoring small of the scoping process, all affected requirements of the Fish and Wildlife lagoons and estuaries, increasing the Federal, state, and local agencies, Native Coordination Act and initiated with amount of submerged, emergent, and American tribes, and interested private Washington Department of Ecology for riparian vegetation, replenishing and organizations, including environmental Clean Water Act compliance, and with protecting beach sediments, and interest groups, are invited to comment the Washington Department of improving tidal exchange. If the on the scope of the draft PEIS. Archaeology & Historic Preservation for proposed action were approved, initial Comments are requested concerning compliance with Section 106 of the construction could begin in 2014. project alternatives, mitigation National Historic Preservation Act. 2. Restoration Alternatives: Three measures, probable significant 5. Availability of the Draft PEIS: The programmatic restoration alternatives environmental impacts, and permits or draft PEIS is scheduled for release are currently being considered and other approvals that may be required. during the summer of 2012 and the final evaluated in the environmental impact To date, the following impact areas have PEIS is scheduled for release during the statement. The No Action alternative, as been identified and will be analyzed in winter of 2012. required by NEPA and SEPA, would depth in the draft PEIS: (1) Marine include various agencies and groups mammals, fish, and invertebrates and Anthony O. Wright, continuing to implement small-scale their habitat, (2) sediment supply, (3) Colonel, Corps of Engineers, District Engineer. restoration projects within existing wetlands and estuaries, (4) submerged, [FR Doc. E9–23765 Filed 10–1–09; 8:45 am] frameworks without the implementation emergent, and riparian vegetation, (5) BILLING CODE 3720–58–P of this Corps of Engineers and wildlife, (6) land use, (7) public safety, Washington Department of Fish and and (8) hydrologic connectivity. The Wildlife project. Continued environmental review process will be DEPARTMENT OF DEFENSE implementation of restoration projects comprehensive and will integrate and would focus on reconnecting isolated satisfy the requirements of NEPA Department of the Army habitat elements, localized shoreline (Federal), SEPA (Washington State), and Notice of Availability of a Novel revegetation, restoration of estuary other relevant Federal, state, and local Fiberglass Technology for Exclusive, features and other discrete projects as environmental laws. The public scoping Partially Exclusive or Non-Exclusive real estate and funding allows. The period will commence on October 26, Licenses second alternative is to pursue 2009 in conjunction with the first restoration of Puget Sound nearshore scoping meeting and will extend AGENCY: Department of the Army, DoD. ecosystem processes using physical throughout the development of the joint ACTION: Notice of availability. actions to remove or mitigate barriers to NEPA/SEPA PEIS. Four scoping habitat forming processes and/or create meetings will be held throughout the SUMMARY: The Department of the Army habitats that have been lost as a result Puget Sound region from 4 p.m. to 7 announces the general availability of of those barriers. Under this alternative, p.m. The meeting dates and locations exclusive, partially exclusive or non- plans may be formulated, including are as follows: exclusive licenses relative to a novel strategic restoration, which uses change October 26: Highline Community fiberglass technology (e-glass; s-glass, analysis data comparing current and College, 2400 S. 240th St., Des Moines, etc.) as described in U.S. Patent historic conditions as a means to WA 98198. Application 11/639,221 filed on 12/15/ identify candidate restoration sites October 28: The chapel at Fort 06; entitled ‘‘Nano-Textured Solid based on criteria established by an Worden State Park, 200 Battery Way, Surfaces and Methods for Producing interdisciplinary team, as well as Port Townsend, WA 98368. Same’’; Jensen and McKnight. Any stakeholders. The third alternative November 3: Lacey Community license shall comply with 35 U.S.C. 209 focuses on non-structural means to Center, 6729 Pacific Avenue SE., in the and 37 CFR part 404. restore nearshore processes in Puget Woodland Creek Community Park, Sound. This non-structural alternative Lacey, WA 98503. FOR FURTHER INFORMATION CONTACT: would include actions such as November 10: Skagit Station, 105 E. Michael D. Rausa, U.S. Army Research education, regulation, and changes in Kincaid, Mount Vernon, WA 98273. Laboratory, Office of Research and land-use policy. These three alternatives All Federal, State, and local agencies, Technology Applications, ATTN: are not final and may not be analyzed Native American Tribes, other RDRL–DB/Bldg. 434, Aberdeen Proving in the final EIS, as they may change interested private organizations, and the Ground, MD 21005–5425, Telephone: and/or new alternatives may develop general public are invited to participate. (410) 278–5028. during the scoping and NEPA process. Public comments will be considered in SUPPLEMENTARY INFORMATION: None. 3. Scoping and Public Involvement: development of the draft PEIS. The Public involvement will be sought formal public comment period will Brenda S. Bowen, during the study in accordance with extend until December 10, 2009. Army Federal Register Liaison Officer. NEPA and SEPA procedures. Public 4. Other Environmental Review, [FR Doc. E9–23767 Filed 10–1–09; 8:45 am] meetings will be held at the beginning Coordination, and Permit Requirements: BILLING CODE 3710–08–P of the NEPA process to scope the efforts Other environmental review, that will be undertaken to prepare the coordination, and permit requirements draft PEIS. The objectives of the public include preparation of a Clean Water DEPARTMENT OF DEFENSE meetings will be to clarify issues of Act, Section 404(b)(1) evaluation by the Department of the Army major concern, identify information that Corps, and consultation among the might be needed to analyze and evaluate Corps, State of Washington, U.S. Fish Department of Defense Historical impacts, obtain public input on the and Wildlife Service, and National Advisory Committee; Meeting range and acceptability of approaches Oceanic and Atmospheric and provide further definition of Administration per Section 7 of the AGENCY: Department of the Army, DoD.

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ACTION: Notice of open meeting. DEPARTMENT OF DEFENSE 239,266 entitled ‘‘Monoclonal Antibodies Against Glycoprotein of SUMMARY: In accordance with Section Department of the Army Ebola Sudan Boniface Virus,’’ filed 10(a) (2) of the Federal Advisory September 2, 2009. The United States Committee Act (Pub. L. 92–463), Availability for Non-Exclusive, Government, as represented by the announcement is made of the following Exclusive, or Partially Exclusive Secretary of the Army, has rights to this committee meeting: Licensing of U.S. Provisional Patent invention. Application Concerning Novel Use and Name of Committee: Department of ADDRESSES: Commander, U.S. Army Method of Rapamycin To Treat Toxic the Army Historical Advisory Medical Research and Material Shock Committee. Command, ATTN: Command Judge Date: October 22, 2009. AGENCY: Department of the Army, DoD. Advocate, MCMR–JA, 504 Scott Street, Time: 9 a.m. to 4:30 p.m. ACTION: Notice. Fort Detrick, Frederick, MD 21702– Place: U.S. Army Center of Military 5012. History, Collins Hall, Building 35, 103 SUMMARY: Announcement is made of the FOR FURTHER INFORMATION CONTACT: Third Avenue, Fort McNair, DC 20319– availability for licensing of the For 5058. invention set forth in U.S. Provisional patent issues, Ms. Elizabeth Arwine, Proposed Agenda: Review and Patent Application Serial No. 61/ Patent Attorney, (301) 619–7808. For discussion of the status of historical 231,348 entitled ‘‘Novel Use and licensing issues, Dr. Paul Mele, Office of activities in the United States Army. Method of Rapamycin to Treat Toxic Research and Technology Assessment, Shock,’’ filed August 5, 2009. The (301) 619–6664, both at telefax (301) FOR FURTHER INFORMATION CONTACT: Dr. 619–5034. Richard Stewart, U.S. Army Center of United States Government, as SUPPLEMENTARY INFORMATION: Military History, ATTN: AAMH–ZC, represented by the Secretary of the The 103 Third Avenue, Fort McNair, DC Army, has rights to this invention. invention relates generally to the field of 20319–5058; telephone number (202) ADDRESSES: Commander, U.S. Army antibodies. More specifically the 685–2709. Medical Research and Materiel invention relates to monoclonal Command, ATTN: Command Judge antibodies against glycoproteins of the SUPPLEMENTARY INFORMATION: The Ebola Sudan Boniface virus and committee will review the Army’s Advocate, MCMR–JA, 504 Scott Street, Fort Detrick, Frederick, MD 21702– methods of producing and using the historical activities for FY 2009 and same. those projected for FY 2010 based upon 5012. reports and manuscript received FOR FURTHER INFORMATION CONTACT: For Brenda S. Bowen, throughout the period. And the patent issues, Ms. Elizabeth Arwine, Army Federal Register Liaison Officer. committee will formulate Patent Attorney, (301) 619–7808. For [FR Doc. E9–23769 Filed 10–1–09; 8:45 am] recommendations through the Chief of licensing issues, Dr. Paul Mele, Office of BILLING CODE 3710–08–P Military History to the Chief of Staff, Research and Technology Assessment, Army, and the Secretary of the Army for (301) 619–6664, both at telefax (301) advancing the use of history in the U.S. 619–5034. DEPARTMENT OF EDUCATION Army. SUPPLEMENTARY INFORMATION: The The meeting of the advisory invention relates to the use of Submission for OMB Review; committee is open to the public. Rapamycin as a treatment of toxic shock Comment Request Because of the restricted meeting space, induced by staphylococcal exotoxins; AGENCY: however, attendance may be limited to more specifically, staphylococcal Department of Education. those persons who have notified the enterotoxins that are potent activators SUMMARY: The Director, Information Advisory Committee Management for human T cells and can cause lethal Collection Clearance Division, Office in writing at least five days prior shock. Regulatory Information Management to the meeting of their intention to Services, Office of Management invites attend the October 22, 2009, meeting. Brenda S. Bowen, comments on the submission for OMB Notifications should be addressed to the Army Federal Register Liaison Officer. review as required by the Paperwork Executive Secretary of the committee, [FR Doc. E9–23770 Filed 10–1–09; 8:45 am] Reduction Act of 1995. Dr. William Stivers, at the U.S. Army BILLING CODE 3710–08–P DATES: Interested persons are invited to Center of Military History, 103 Third submit comments on or before Avenue, Fort Lesley J. McNair, DC November 2, 2009. DEPARTMENT OF DEFENSE 20319–5058. ADDRESSES: Written comments should Any member of the public may file a Department of the Army be addressed to the Office of written statement with the committee Information and Regulatory Affairs, before, during, or after the meeting. Availability for Non-Exclusive, Attention: Education Desk Officer, Such statements may be sent to the Exclusive, or Partially Exclusive Office of Management and Budget, 725 Executive Secretary of the committee at Licensing of U.S. Provisional Patent 17th Street, NW., Room 10222, New the address shown in the paragraph Application Concerning Monoclonal Executive Office Building, Washington, above. To the extent that time permits, Antibodies Against Glycoprotein of DC 20503, be faxed to (202) 395–5806 or the committee chairman may allow Ebola Sudan Boniface Virus send e-mail to public presentations or oral statements [email protected]. at the meeting. AGENCY: Department of the Army, DoD. ACTION: Notice. SUPPLEMENTARY INFORMATION: Section Dated: September 21, 2009. 3506 of the Paperwork Reduction Act of Richard W. Stewart, SUMMARY: Announcement is made of the 1995 (44 U.S.C. Chapter 35) requires Chief Historian, Center of Military History. availability for licensing of the that the Office of Management and [FR Doc. E9–23771 Filed 10–1–09; 8:45 am] invention set forth in U.S. Provisional Budget (OMB) provide interested BILLING CODE 3710–08–P Patent Application Serial No. 61/ Federal agencies and the public an early

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opportunity to comment on information you access the information collection, need for, and proposed use of, the collection requests. OMB may amend or click on ‘‘Download Attachments ’’ to information; (5) Respondents and waive the requirement for public view. Written requests for information frequency of collection; and (6) consultation to the extent that public should be addressed to U.S. Department Reporting and/or Recordkeeping participation in the approval process of Education, 400 Maryland Avenue, burden. OMB invites public comment. would defeat the purpose of the SW., LBJ, Washington, DC 20202–4537. The Department of Education is information collection, violate State or Requests may also be electronically especially interested in public comment Federal law, or substantially interfere mailed to the Internet address addressing the following issues: (1) Is with any agency’s ability to perform its [email protected] or faxed to 202– this collection necessary to the proper statutory obligations. The IC Clearance 401–0920. Please specify the complete functions of the Department; (2) will Official, Regulatory Information title of the information collection when this information be processed and used Management Services, Office of making your request. in a timely manner; (3) is the estimate Management, publishes that notice Comments regarding burden and/or of burden accurate; (4) how might the containing proposed information the collection activity requirements Department enhance the quality, utility, collection requests prior to submission should be electronically mailed to and clarity of the information to be of these requests to OMB. Each [email protected]. Individuals who collected; and (5) how might the proposed information collection, use a telecommunications device for the Department minimize the burden of this grouped by office, contains the deaf (TDD) may call the Federal collection on the respondents, including following: (1) Type of review requested, Information Relay Service (FIRS) at through the use of information e.g. new, revision, extension, existing or 1–800–877–8339. technology. [FR Doc. E9–23808 Filed 10–1–09; 8:45 am] reinstatement; (2) Title; (3) Summary of Dated: September 29, 2009. BILLING CODE 4000–01–P the collection; (4) Description of the Angela C. Arrington, need for, and proposed use of, the Director, Information Collection Clearance information; (5) Respondents and DEPARTMENT OF EDUCATION Division, Regulatory Information frequency of collection; and (6) Management Services, Office of Management. Reporting and/or Recordkeeping burden. OMB invites public comment. Notice of Proposed Information Federal Student Aid Collection Requests Dated: September 29, 2009. Type of Review: New. Angela C. Arrington, AGENCY: Department of Education. Title: Part 601 Preferred Lender Director, Information Collection Clearance SUMMARY: The Director, Information Arrangements. Division, Regulatory Information Collection Clearance Division, Frequency: On Occasion. Management Services, Office of Management. Regulatory Information Management Affected Public: Individuals or Services, Office of Management, invites household; Not-for-profit institutions. Federal Student Aid comments on the proposed information Reporting and Recordkeeping Hour Type of Review: New. collection requests as required by the Burden: Title: William D. Ford Federal Direct Paperwork Reduction Act of 1995. Responses: 13,674,883. Loan Program (DL) Regulations— DATES: Interested persons are invited to Burden Hours: 3,197,761. Servicemembers Civil Relief Act (SCRA) submit comments on or before Abstract: Part 601—Institution and Frequency: On Occasion. December 1, 2009. Lender Requirements Relating to Affected Public: Individuals or SUPPLEMENTARY INFORMATION: Section Education Loans is a new section of the household; State, Local, or Tribal Gov’t, 3506 of the Paperwork Reduction Act of proposed regulations governing private SEAs or LEAs. 1995 (44 U.S.C. Chapter 35) requires education loans offered at covered Reporting and Recordkeeping Hour that the Office of Management and institutions by lenders also participating Burden: Budget (OMB) provide interested in the FFEL program. These proposed Responses: 4,500. Federal agencies and the public an early regulations assure the Secretary that the Burden Hours: 743. opportunity to comment on information integrity of the program is protected Abstract: The William D. Ford Federal collection requests. OMB may amend or from fraud and misuse of program funds Direct Loan Program proposed waive the requirement for public and places requirements on institutions regulations revise current regulations in consultation to the extent that public and lenders to insure that borrowers areas of program administration. The participation in the approval process receive additional disclosures about proposed regulations assure the would defeat the purpose of the Title IV, HEA program assistance prior Secretary that the integrity of the information collection, violate State or to obtaining a private education loan. program is protected from fraud and Federal law, or substantially interfere These proposed regulations require misuse of program funds. The proposed with any agency’s ability to perform its covered institutions to provide a variety regulations would provide that upon a statutory obligations. The Director, of new loan disclosures, disclosures on loan holder’s receipt of a written request Information Collection Clearance private loans, for institutions to prepare from a borrower and a copy of the Division, Regulatory Information and submit an annual report on the use borrower’s military orders, the Management Services, Office of of private loans, and to establish and maximum interest rate that may be Management, publishes that notice adopt a code of conduct for institutions charged on Stafford loans made prior to containing proposed information participation in a preferred lender entering active military duty is six collection requests prior to submission arrangement. The Department, in percent while on active duty. of these requests to OMB. Each conjunction with outside entities are Requests for copies of the information proposed information collection, submitting the Private Education Loan collection submission for OMB review grouped by office, contains the Applicant Self-Certification form for may be accessed from http:// following: (1) Type of review requested, OMB’s approval. While information edicsweb.ed.gov, by selecting the e.g. new, revision, extension, existing or about the applicant’s cost of attendance ‘‘Browse Pending Collections’’ link and reinstatement; (2) Title; (3) Summary of and estimated financial assistance must by clicking on link number 4056. When the collection; (4) Description of the be provided to the student, if available,

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the student will provide the data to the Budget (OMB) provide interested you access the information collection, private loan lender who must collect Federal agencies and the public an early click on ‘‘Download Attachments ’’ to and maintain the self-certification form opportunity to comment on information view. Written requests for information prior to disbursement of a Private collection requests. OMB may amend or should be addressed to U.S. Department Education Loan. The Department will waive the requirement for public of Education, 400 Maryland Avenue, not receive the Private Education Loan consultation to the extent that public SW., LBJ, Washington, DC 20202–4537. Applicant Self-Certification form and participation in the approval process Requests may also be electronically therefore will not be collecting and would defeat the purpose of the mailed to the Internet address maintaining the form or its data. information collection, violate State or [email protected] or faxed to 202– Requests for copies of the proposed Federal law, or substantially interfere 401–0920. Please specify the complete information collection request may be with any agency’s ability to perform its title of the information collection when accessed from http://edicsweb.ed.gov, statutory obligations. The IC Clearance making your request. by selecting the ‘‘Browse Pending Official, Regulatory Information Comments regarding burden and/or Collections’’ link and by clicking on Management Services, Office of the collection activity requirements link number 4046. When you access the Management, publishes that notice should be electronically mailed to information collection, click on containing proposed information [email protected]. Individuals who ‘‘Download Attachments’’ to view. collection requests prior to submission use a telecommunications device for the Written requests for information should of these requests to OMB. Each deaf (TDD) may call the Federal be addressed to U.S. Department of proposed information collection, Information Relay Service (FIRS) at 1– Education, 400 Maryland Avenue, SW., grouped by office, contains the 800–877–8339. LBJ, Washington, DC 20202–4537. following: (1) Type of review requested, [FR Doc. E9–23810 Filed 10–1–09; 8:45 am] Requests may also be electronically e.g. new, revision, extension, existing or BILLING CODE 4000–01–P mailed to [email protected] or faxed reinstatement; (2) Title; (3) Summary of to 202–401–0920. Please specify the the collection; (4) Description of the complete title of the information need for, and proposed use of, the collection when making your request. information; (5) Respondents and ENVIRONMENTAL PROTECTION Comments regarding burden and/or the frequency of collection; and (6) AGENCY collection activity requirements should Reporting and/or Recordkeeping [FRL–8964–9] be electronically mailed to burden. OMB invites public comment. [email protected]. Individuals who Dated: September 29, 2009. Acid Rain Program: Notice of Annual use a telecommunications device for the Angela C. Arrington, Adjustment Factors for Excess deaf (TDD) may call the Federal Emissions Penalty Information Relay Service (FIRS) at 1– Director, Information Collection Clearance 800–877–8339. Division, Regulatory Information AGENCY: Environmental Protection Management Services, Office of Management. Agency (EPA). [FR Doc. E9–23809 Filed 10–1–09; 8:45 am] Federal Student Aid ACTION: Notice. BILLING CODE 4000–01–P Type of Review: New. SUMMARY: The Acid Rain Program under Title: Federal Family Educational title IV of the Clean Air Act provides for DEPARTMENT OF EDUCATION Loan Program—Servicemembers Civil automatic excess emissions penalties in Relief Act (SCRA). dollars per ton of excess emissions for Submission for OMB Review; Frequency: On Occasion. Comment Request Affected Public: Individuals or sources that do not meet their annual household. Acid Rain emissions limitations. This AGENCY: Department of Education. Reporting and Recordkeeping Hour notice states the dollars per ton excess SUMMARY: The Director, Information Burden: emissions penalty amounts, which must Collection Clearance Division, be adjusted for each compliance year Responses: 13,550. Regulatory Information Management commensurate with changes in the Burden Hours: 2,236. Services, Office of Management invites Consumer Price Index (CPI), for comments on the submission for OMB Abstract: The Federal Family compliance years 2009 and 2010. Educational Loan Program proposed review as required by the Paperwork FOR FURTHER INFORMATION CONTACT: Reduction Act of 1995. regulations revise current regulations in areas of program administration and Robert L. Miller, Clean Air Markets DATES: Interested persons are invited to assure the Secretary that program Division (6204J), U.S. Environmental submit comments on or before integrity is protected from fraud and Protection Agency, 1200 Pennsylvania November 2, 2009. misuse of program funds. The proposed Ave., NW., Washington, DC 20460 at ADDRESSES: Written comments should regulations would provide that upon a (202) 343–9077 or be addressed to the Office of loan holder’s receipt of a written request [email protected]. Information and Regulatory Affairs, from a borrower and a copy of the SUPPLEMENTARY INFORMATION: The Acid Attention: Education Desk Officer, borrower’s military orders, the Rain Program under title IV of the Clean Office of Management and Budget, 725 maximum interest rate that may be Air Act limits annual sulfur dioxide and 17th Street, NW., Room 10222, New charged on Stafford loans made prior to nitrogen oxide emissions of fossil fuel- Executive Office Building, Washington, entering active military duty is six fired utility units. Under the Acid Rain DC 20503, be faxed to (202) 395–5806 or percent while on active duty. Program, affected sources must hold send e-mail to _ Requests for copies of the information enough allowances to cover their sulfur oira [email protected]. collection submission for OMB review dioxide emissions, and certain coal- SUPPLEMENTARY INFORMATION: Section may be accessed from http:// fired sources must meet an emission 3506 of the Paperwork Reduction Act of edicsweb.ed.gov, by selecting the limit for nitrogen oxides. Under 40 CFR 1995 (44 U.S.C. Chapter 35) requires ‘‘Browse Pending Collections’’ link and 77.6, sources that do not meet these that the Office of Management and by clicking on link number 4055. When requirements must pay a penalty

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without demand to the Administrator EIS No. 20090334, Final EIS, FRC, 00, EIS No. 20090272, Draft EIS, UAF, 00, based on the number of excess tons Hubline/East to West Project, Modification of the Condor 1 and emitted times $2,000 as adjusted by an Proposes to Modify its Existing Condor 2 Military Operation Areas, annual adjustment factor, which must Natural Gas Transmission Pipeline 104th Fighter Wing of the be published in the Federal Register. System in MA, CT, RI and NJ, Wait Massachusetts Air National Guard The annual adjustment factor for Period Ends: 11/02/2009, Contact: Base (ANG) Proposes to Combine the adjusting the penalty for excess Julia Bovey, 1–866–208–3372. Condor 1 and Condor 2 MOA, ME and emissions of sulfur dioxide and nitrogen EIS No. 20090335, Final EIS, AFS, AZ, NH, Comment Period Ends: 01/01/ oxides under 40 CFR 77.6(b) for Black River Exchange Project, 2010, Contact: Jay Nash, 703–614– compliance year 2009 is 1.7583. This Proposal to Exchange Federal and 0346. Revision to FR Notice Published value is derived using the CPI for 1990 Non-Federal Lands, Apache- 08/07/2009: Correction from 09/21/ and 2009 (defined respectively at 40 Sitgreaves National Forests, Apache 2009 to 11/09/2010 should be 09/21/ CFR 72.2 as the CPI for August of the County, AZ, Wait Period Ends: 11/02/ 2009 to 01/01/2010. year before the specified year for all 2009, Contact: Chris Kropp, 928–333– EIS No. 20090297, Final EIS, EPA, ND, urban consumers) and results in an 4301. Mandan, Hidatsa and Arikara Nation’s automatic penalty of $3,517 per excess EIS No. 20090336, Third Final Proposed Clean Fuels Refinery ton of sulfur dioxide or nitrogen oxides Supplement, FHW, VT, Southern Project, Construction and Operation emitted for 2009. Connector/Champlain Parkway of a New 13,000 Barrel of Production The annual adjustment factor for Project (MEGC–M5000(1)), per day Clean Fuels Refinery and adjusting the penalty for such excess Construction from Interchange of I– Grow Hay for Buffalo, NPDES Permit, emissions under 40 CFR 77.6(b) for 189 to Shelburne Street (US Route &) Fort Berthold Indian Reservation, compliance year 2010 is 1.7322. This and Extending westerly and northerly Ward County, ND, Wait Period Ends: value is derived using the CPI for 1990 to the City of Center District within 10/28/2009, Contact: Steve Wharton, and 2010 and results in an automatic the City of Burlington, Chittenden 303–312–6935. Revision to FR Notice penalty of $3,464 per excess ton of County, VT, Wait Period Ends: 11/02/ Published 08/28/2009: Extending sulfur dioxide or nitrogen oxides 2009, Contact: Kenneth R. Sikora, Jr., Comment Period from 09/28/2009 to emitted for 2010. 802–828–4423. 10/28/2009. EIS No. 20090337, Draft EIS, BLM, OR, Dated: September 24, 2009. Vegetation Treatments Using Dated: September 29, 2009. Sam Napolitano, Herbicides on Bureau of Land Robert W. Hargrove, Director, Clean Air Markets Division, Office Management (BLM) Lands in Oregon, Director, NEPA Compliance Division, Office of Atmospheric Programs, Office of Air and Implementation, OR, Comment Period of Federal Activities. Radiation. Ends: 11/30/2009, Contact: Todd [FR Doc. E9–23824 Filed 10–1–09; 8:45 am] [FR Doc. E9–23792 Filed 10–1–09; 8:45 am] Thompson, 503–808–6026. BILLING CODE 6560–50–P BILLING CODE 6560–50–P EIS No. 20090338, Final EIS, AFS, OR, Big Summit Allotment Management Plan, Proposes to Reauthorize Cattle ENVIRONMENTAL PROTECTION ENVIRONMENTAL PROTECTION Term Grazing Permits, Construct AGENCY AGENCY Range Improvements, and Restore [ER–FRL–8597–9] [ER–FRL–8597–8] Riparian Vegetation on Five Allotments, Lookout Mountain Ranger Environmental Impact Statements and Environmental Impacts Statements; District, Ochoco National Forest, Regulations; Availability of EPA Notice of Availability Crook County, OR, Wait Period Ends: Comments 11/02/2009, Contact: Marcy Responsible Agency: Office of Federal Anderson, 541–416–6463. Availability of EPA comments Activities, General Information (202) EIS No. 20090339, Final EIS, AFS, 00, prepared pursuant to the Environmental 564–1399 or http://www.epa.gov/ Ashley National Forest Motorized Review Process (ERP), under section compliance/nepa/ Weekly receipt of Travel Plan, To Improve Management 309 of the Clean Air Act and Section Environmental Impact Statements Filed of Public Summer Motorized Use by 102(2)(c) of the National Environmental 09/21/2009 Through 09/28/2009 Designating Roads and Motorized Policy Act as amended. Requests for Pursuant to 40 CFR 1506.9. Trails and Limiting Dispersed copies of EPA comments can be directed EIS No. 20090332, Draft EIS, AFS, NV, Camping to Areas, Duchesne, Daggett, to the Office of Federal Activities at Middle Kyle Canyon Complex Project, Uintah Counties, Utah and 202–564–7146 or http://www.epa.gov/ Construction and Operation of a Sweetwater County, Wyoming, Wait compliance/nepa/. An explanation of Recreation Complex within the Spring Period Ends: 11/02/2009, Contact: the ratings assigned to draft Mountains National Recreation Area, Kris Rutledge, 435–781–5196. environmental impact statements (EISs) Humboldt-Toiyabe National Forest, was published in FR dated July 17, 2009 Clark County, NV, Comment Period Amended Notices (74 FR 34754). Ends: 11/16/2009, Contact: Hal EIS No. 20090250, Draft EIS, IBR, NV, Draft EISs Peterson, 702–839–5572. Walker River Basin Acquisition EIS No. 20090333, Final EIS, COE, MN, Program, To Provide Water to Walker EIS No. 20080518, ERP No. D–BLM– Mississippi River Headwaters Lake an at Risk Natural Desert K67058–NV, Bald Mountain Mine Reservoir Operating Plan Evaluation Terminal Lake, Funding, Walker River Northern Operations Area Project, (ROPE), Proposed Revision to the Basin, NV, Comment Period Ends: 10/ Proposes to Expand Current Mining Operating Plan for the Reservoirs, 05/2009, Contact: Caryn Huntt Operations at several Existing Pits, Upper Mississippi River Headwaters, DeCarol, 775–884–8352. Revision to Rock Disposal Areas, Heap Leach Bemidji to St. Paul, MN, Wait Period FR Notice Published 07/31/2009: Pads, Processing Facilities, and Ends: 11/06/2009, Contact: Steven J. Reopening the Comment Period from Interpit Area, Combining the Bald Clark, 651–290–5278. 09/14/2009 to 10/05/2009. Mountain Mine Plan of Operations

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Boundary and the Mooney Basin Forest Motorized Travel Management Summary: EPA continues to have Operation Area Boundary, White Pine Project, Proposal to Prohibit Cross- environmental concern about County, NV. County Motor Vehicle Travel off groundwater and karst topography Summary: EPA expressed Designated National Forest impacts, and requested additional environmental objections because waste Transportation System (NFTS) Roads, mitigation to reduce these impacts. rock from several pits could generate Motorized Trails and Areas by the EIS No. 20090291, ERP No. F–SFW– leachate with high concentrations of Public Except as Allowed by Permit K64027–NV, Desert National Wildlife metals and metalloids, and degrade or other Authorization (excluding Refuge Complex, Ash Meadows, water quality if the leachate should snowmobile use), CA. Desert, Moapa Valley, and Pahranagat reach groundwater or surface waters, or Summary: EPA expressed National Wildlife Refuges, if pit lakes would form. Also, EPA environmental concerns about the scope Comprehensive Conservation Plan, expressed concerns about potential of the travel management planning Implementation, Clark, Lincoln, and impacts to air quality and the lack of process and potential impacts on water Nye Counties, NV. suitable soil for reclamation. EPA quality and cultural resources. Rating Summary: EPA does not object to the recommends the additional information EC2. proposed project. on waste rock geochemical Final EISs EIS No. 20090292, ERP No. F–USA– characterization, potential impacts to K11117–CA, Camp Parks Real EIS No. 20090268, ERP No. F–BLM– water and air resources, mitigation and Property Master Plan and Real L65545–ID, Three Rivers Stone Quarry monitoring, and closure and Property Exchange, Redevelopment of Expansion Project, Proposing to reclamation. Rating EO2. the Cantonment Area, NPDES Permit, Expand the Quarry Operation up to an EIS No. 20090047, ERP No. D–COE– US COE Section 4040 Permit, Additional 73 Acres to Increase Mine E39076–AL, Foley Land Cut Portion of Alamada and Contra Costa Counties, Production of Flaystone, Custer the Gulf Intracoastal Waterway, CA. County, ID. Proposed Construction of Residential, Summary: EPA does not object to the Commercial and Marine Summary: EPA continues to have proposed action. Development, Gulf Shores and Orange environmental concerns about water Beach, Baldwin County, AL. quality impacts from potential EIS No. 20090276, ERP No. FS–COE– L90019–WA, Commencement Bay Summary: EPA expressed stormwater ponds being breached and spills. EPA recommends that ‘‘Reauthorization’’ of Dredged environmental concerns about water Material Management Program quality and hydrological impacts. contingency measures be included to control high flood events and prevent Disposal Site, Implementation, Specific BMPs designed to minimize Central Puget Sound, Tacoma, WA. water quality impacts should be contamination to surface water. included in each permit application as EIS No. 20090271, ERP No. F–GSA– Summary: EPA’s previous issues have a special condition of the permit. Rating K40271–CA, San Ysidro Land Port of been resolved; therefore, EPA does not EC2. Entry (LPOE) Improvement Project, object to the proposed action. EIS No. 20090123, ERP No. D–FHW– Propose the Configuration and Dated: September 29, 2009. E40824–MS, Greenville Connector Expansion of the Existing (LPOE), San Robert W. Hargrove, Project, from Relocated US 82 to Ysidro, CA. Director, NEPA Compliance Division, Office Proposed I–69 Corridor south of Summary: EPA continues to have of Federal Activities. Benoit, City of Greenville. environmental concerns about air [FR Doc. E9–23823 Filed 10–1–09; 8:45 am] Washington and Bolivar Counties, quality impacts from increased BILLING CODE 6560–50–P MS. congestion; project impacts to port Summary: EPA expressed concern access by pedestrians, cyclists, and about wetland and stream impacts, transit; and environmental justice. ENVIRONMENTAL PROTECTION flood storage loss, and noise impacts, EIS No. 20090274, ERP No. F–FHW– AGENCY and requested additional avoidance, K40266–CA, Marin-Sonoma Narrows [FRL–8964–7] minimization, and/or mitigation (MSN) HOV Widening Project, measures for these impacts. EPA also Propose to Relieve Recurrent Notice of Availability of Final NPDES recommended commitments to bridge or Congestion along US 101 south of the General Permits MAG640000 and narrow the ROW width, wherever Route 37 Interchange in the City of NHG640000 for Discharges From possible, over major aquatic resources. Novato (Marin County) and ends Potable Water Treatment Facilities in Rating EC2. north of the Corona Road the Commonwealth of Massachusetts EIS No. 20090190, ERP No. D–AFS– Overcrossing in the City of Petaluma (Including Both Commonwealth and L65572–OR, Wallowa-Whitman (Sonoma County), Marin and Sonoma Indian Country Lands) and the State of National Forest Travel Management Counties, CA. New Hampshire: The Potable Water Plan, Designate Roads Trails and Summary: EPA does not object to the Treatment Facility General Permit Areas for Motor Vehicle User, Baker, proposed project, but encourages project (PWTF GP) Grant, Umatilla, Union and Wallowa sponsors to continue efforts to minimize AGENCY: Environmental Protection Counties, OR. impacts to wetlands and waters through Agency (EPA). Summary: EPA expressed project design modifications where ACTION: Notice of Availability of Final possible. environmental concerns about potential NPDES General Permits MAG640000 impacts to water quality, fisheries, EIS No. 20090275, ERP No. F–FHW– and NHG640000. riparian habitat and soils, and E40814–KY, I–65 to US 31 W Access recommended increased protective Improvement Project, To Meet the SUMMARY: The Director of the Office of measures for water quality. Rating EC2. Existing and Future Transportation Ecosystem Protection, EPA-New EIS No. 20090198, ERP No. D–AFS– Demand, in northeast Bowling Green, England, is issuing a notice of K65371–CA, Shasta-Trinity National Warren County, KY. availability of the final National

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Pollutant Discharge Elimination System Dated: September 24, 2009. EPA–HQ–ORD–2009–0658, by one of (NPDES) general permits for potable Ira Leighton, the following methods: water treatment facility (PWTF) Acting Regional Administrator, Region 1. Internet: http://www.regulations.gov: discharges to certain waters of the [FR Doc. E9–23791 Filed 10–1–09; 8:45 am] Follow the on-line instructions for Commonwealth of Massachusetts BILLING CODE 6560–50–P submitting comments. (included both Commonwealth and E-mail: [email protected]. Indian country lands) and the State of Mail: Environmental Protection New Hampshire. These General Permits ENVIRONMENTAL PROTECTION Agency, EPA Docket Center (EPA/DC), replace the previous PWTF GP, which AGENCY ORD Docket, Mailcode: 28221T, 1200 expired on November 15, 2005. Pennsylvania Ave., NW., Washington, [EPA–HQ–ORD–2009–0658; FRL–8965–4] DC 20460. The final PWTF GP establishes Notice Hand Delivery: The EPA/DC Public of Intent (NOI) requirements, effluent Human Studies Review Board; Notice of Public Meeting Reading Room is located in the EPA limitations, standards, prohibitions, and Headquarters Library, Room Number management practices for facilities with AGENCY: Environmental Protection 3334 in the EPA West Building, located discharges from potable water treatment Agency (EPA). at 1301 Constitution Ave., NW., facilities. Owners and/or operators of ACTION: Notice. Washington, DC 20460. The hours of these facilities, including those operation are 8:30 a.m. to 4:30 p.m. currently authorized to discharge under SUMMARY: The U.S. Environmental Eastern Time, Monday through Friday, the expired General Permit, will be Protection Agency’s (EPA or Agency) excluding Federal holidays. Please call required to submit an NOI to be covered Office of the Science Advisor (OSA) (202) 566–1744 or e-mail the ORD by the PWTF GP to both EPA-New announces a public meeting of the Docket at [email protected] for England and the appropriate state Human Studies Review Board (HSRB) to instructions. Updates to Public Reading agency. After EPA and the State have advise the Agency on EPA’s scientific Room access are available on the Web reviewed the NOI, the facility will and ethical reviews of research with site (http://www.epa.gov/epahome/ human subjects. receive a written notification from EPA dockets.htm). of permit coverage and authorization to DATES: The public meeting will be held Instructions: Direct your comments to discharge under the General Permit. from October 20–21, 2009, from Docket ID No. EPA–HQ–ORD–2009– approximately 10 a.m. to approximately 0658. EPA’s policy is that all comments DATES: The general permits shall be 5:30 p.m., through October 20, 2009 received will be included in the public effective on the date of signature and from approximately 8:30 a.m. to docket without change and may be will expire at midnight, five (5) years approximately 12:30 p.m. Eastern Time. made available online at http:// from the last day of the month Location: Environmental Protection www.regulations.gov, including any preceding the effective date. Agency, Conference Center—Lobby personal information provided, unless Level, One Potomac Yard (South Bldg.), the comment includes information ADDRESSES: The required notification 2777 S. Crystal Drive, Arlington, VA claimed to be Confidential Business information to obtain permit coverage is 22202. Information (CBI) or other information provided for in the general permits. This Meeting Access: Seating at the whose disclosure is restricted by statute. information shall be submitted to both meeting will be on a first-come basis. To Do not submit information that you EPA and the appropriate State. request accommodation of a disability, consider to be CBI or otherwise Notification information may be sent via please contact the person listed under protected through http:// USPS, e-mail or fax to EPA at EPA– FOR FURTHER INFORMATION CONTACT at www.regulations.gov or e-mail. The Region 1, Office of Ecosystem Protection least 10 business days prior to the http://www.regulations.gov website is (CMU), One Congress Street, Boston, meeting, to allow EPA as much time as an ‘‘anonymous access’’ system, which Massachusetts 02114–2023; e-mail possible to process your request. means EPA will not know your identity address Procedures for Providing Public Input: or contact information unless you [email protected]; or fax Interested members of the public may provide it in the body of your comment. number (617) 918–0505. Notification submit relevant written or oral If you send an e-mail comment directly information shall be submitted to the comments for the HSRB to consider to EPA, without going through http:// appropriate State agency at the during the advisory process. Additional www.regulations.gov, your e-mail addresses listed in Appendix VI of the information concerning submission of address will be automatically captured general permits. relevant written or oral comments is and included as part of the comment provided in Unit I.D. of this notice. that is placed in the public docket and FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Any made available on the Internet. If you Additional information concerning the member of the public who wishes submit an electronic comment, EPA final PWTF GP may be obtained further information should contact Jim recommends that you include your between the hours of 9 a.m. and 5 p.m. Downing, EPA, Office of the Science name and other contact information in Monday through Friday, excluding Advisor, (8105R), Environmental the body of your comment and with any holidays, from Damien Houlihan at Protection Agency, 1200 Pennsylvania disk or CD–ROM you submit. If EPA [email protected] or (617) Ave., NW., Washington, DC 20460; cannot read your comment due to 918–1586. The general permits may be telephone number: (202) 564–2468; fax: technical difficulties and cannot contact viewed over the Internet at the EPA Web (202) 564–2070; e-mail addresses: you for clarification, EPA may not be site http://www.epa.gov/region1/npdes/ [email protected]. General able to consider your comment. pwtfgp.html. To obtain a paper copy of information concerning the EPA HSRB Electronic files should avoid the use of the general permits, please contact Mr. can be found on the EPA Web site at special characters, any form of Houlihan using the contact information http://www.epa.gov/osa/hsrb/. encryption, and be free of any defects or provided above. A reasonable fee may ADDRESSES: Submit your written viruses. be charged for copying requests. comments, identified by Docket ID No. SUPPLEMENTARY INFORMATION:

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I. Public Meeting available electronically, from the all individuals appearing either as part regulations.gov website and the EPA of, or on behalf of an organization. A. Does This Action Apply to Me? HSRB Web site at http://www.epa.gov/ While it is our intent to hear a full range This action is directed to the public osa/hsrb/. For questions on document of oral comments on the science and in general. This action may, however, be availability or if you do not have access ethics issues under discussion, it is not of interest to persons who conduct or to the Internet, consult the person listed our intent to permit organizations to assess human studies, especially studies under FOR FURTHER INFORMATION. expand these time limitations by having on substances regulated by EPA or to numerous individuals sign up persons who are or may be required to C. What Should I Consider as I Prepare separately to speak on their behalf. If conduct testing of chemical substances My Comments for EPA? additional time is available, there may under the Federal Food, Drug, and You may find the following be flexibility in time for public Cosmetic Act (FFDCA) or the Federal suggestions helpful for preparing your comments. Each speaker should bring Insecticide, Fungicide, and Rodenticide comments: 25 copies of his or her comments and Act (FIFRA). Since other entities may a. Explain your views as clearly as presentation slides for distribution to also be interested, the Agency has not possible. the HSRB at the meeting. attempted to describe all the specific b. Describe any assumptions that you b. Written comments. Although you entities that may be affected by this used. may submit written comments at any action. If you have any questions c. Provide copies of any technical time, for the HSRB to have the best regarding the applicability of this action information and/or data that you used to opportunity to review and consider your to a particular entity, consult the person support your views. comments as it deliberates on its report, listed under FOR FURTHER INFORMATION d. Provide specific examples to you should submit your comments at CONTACT. illustrate your concerns and suggest least five business days prior to the alternatives. B. How Can I Access Electronic Copies beginning of the meeting. If you submit e. To ensure proper receipt by EPA, be comments after this date, those of This Document and Other Related sure to identify the docket ID number Information? comments will be provided to the Board assigned to this action in the subject members, but you should recognize that In addition to using regulations.gov, line on the first page of your response. the Board members may not have you may access this Federal Register You may also provide the name, date, adequate time to consider those document electronically through the and Federal Register citation. comments prior to making a decision. EPA Internet under the ‘‘Federal Thus, if you plan to submit written Register’’ listings at http://www.epa.gov/ D. How May I Participate in This Meeting? comments, the Agency strongly fedrgstr/. encourages you to submit such Docket: All documents in the docket You may participate in this meeting comments no later than noon, Eastern are listed in the http:// by following the instructions in this Time, October 13, 2009. You should www.regulations.gov index. Although section. To ensure proper receipt by submit your comments using the listed in the index, some information is EPA, it is imperative that you identify instructions in Unit I.C. of this notice. not publicly available, e.g., CBI or other docket ID number EPA–HQ–ORD–2009– In addition, the Agency also requests information whose disclosure is 0658 in the subject line on the first page that person(s) submitting comments restricted by statute. Certain other of your request. directly to the docket also provide a material, such as copyrighted material, a. Oral comments. Requests to present copy of their comments to the person will be publicly available only in hard oral comments will be accepted up to listed under FOR FURTHER INFORMATION copy. Publicly available docket October 13, 2009. To the extent that CONTACT. There is no limit on the length materials are available either time permits, interested persons who of written comments for consideration electronically in http:// have not pre-registered may be by the HSRB. www.regulations.gov or in hard copy at permitted by the Chair of the HSRB to the ORD Docket, EPA/DC, Public present oral comments at the meeting. E. Background Reading Room. The EPA/DC Public Each individual or group wishing to a. Topics for discussion. The HSRB is Reading Room is located in the EPA make brief oral comments to the HSRB a Federal advisory committee operating Headquarters Library, Room Number is strongly advised to submit their in accordance with the Federal 3334 in the EPA West Building, located request (preferably via e-mail) to the Advisory Committee Act (FACA) 5 at 1301 Constitution Ave., NW., person listed under FOR FURTHER U.S.C. App. 2 § 9. The HSRB provides Washington, DC 20460. The hours of INFORMATION CONTACT no later than advice, information, and operation are 8:30 a.m. to 4:30 p.m. EST, noon, Eastern time, October 13, 2009, in recommendations to EPA on issues Monday through Friday, excluding order to be included on the meeting related to scientific and ethical aspects Federal holidays. Please call (202) 566– agenda and to provide sufficient time of human subjects research. The major 1744 or e-mail the ORD Docket at for the HSRB Chair and HSRB objectives of the HSRB are to provide [email protected] for instructions. Designated Federal Officer (DFO) to advice and recommendations on: (1) Updates to Public Reading Room access review the agenda to provide an Research proposals and protocols; (2) are available on the Web site (http:// appropriate public comment period. reports of completed research with www.epa.gov/epahome/dockets.htm). The request should identify the name of human subjects; and (3) how to EPA’s position paper(s), charge/ the individual making the presentation, strengthen EPA’s programs for questions to the HSRB, and the meeting the organization (if any) the individual protection of human subjects of agenda will be available by early will represent, and any requirements for research. The HSRB reports to the EPA October 2009. In addition, the Agency audiovisual equipment (e.g., overhead Administrator through EPA’s Science may provide additional background projector, LCD projector, chalkboard). Advisor. documents as the materials become Oral comments before the HSRB are At its meeting on October 20–21, available. You may obtain electronic limited to five minutes per individual or 2009, EPA’s Human Studies Review copies of these documents, and certain organization. Please note that this limit Board will consider scientific and other related documents that might be applies to the cumulative time used by ethical issues surrounding three topics:

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1. Two published reports of http://www.epa.gov/osa/hsrb/ or from then to: [email protected]. To view a copy of completed, pre-rule research on the the person listed under FOR FURTHER this information collection request (ICR) effects of exposure to pesticides INFORMATION CONTACT. submitted to OMB: (1) Go to web page: containing pyrethrins/pyrethroids. EPA Dated: September 24, 2009. http://www.reginfo.gov/public/do/ requests the advice of the HSRB on the Kevin Teichman, PRAMain, (2) look for the section of the scientific merit, relevancy, and EPA Acting Science Advisor. web page called ’’Currently Under limitations of these studies, and on their Review’’, (3) click on the downward– [FR Doc. E9–23795 Filed 10–1–09; 8:45 am] ethical acceptability. EPA intends to pointing arrow in the ’’Select Agency’’ incorporate into a future revision of the BILLING CODE 6560–50–P box below the ’’Currently Under EPA White Paper, ‘‘A Review of the Review’’ heading, (4) select ’’Federal Relationship between Pyrethrins, Communications Commission’’ from the Pyrethroid Exposure and Asthma and FEDERAL COMMUNICATIONS list of agencies presented in the ’’Select Allergies,’’ a discussion of either or both COMMISSION Agency’’ box, (5) click the ’’Submit’’ of these studies if they are deemed to be Notice of Public Information Collection button to the right of the ’’Select scientifically sound, relevant and Being Submitted to the Office of Agency’’ box, and (6) when the FCC list ethically acceptable. appears, look for the title of this ICR (or 2. A proposal for new research to be Management and Budget for Review and Approval, Comments Requested its OMB Control Number, if there is one) conducted by Carroll-Loye Biological and then click on the ICR. Research to evaluate in the laboratory September 28, 2009. FOR FURTHER INFORMATION CONTACT: the repellent efficacy to ticks of two SUMMARY: The Federal Communications Judith B. Herman, 202–418–0214. For registered products containing 20% Commission, as part of its continuing additional information about the picaridin. EPA requests the advice of effort to reduce paperwork burden information collection(s) send an e–mail the HSRB concerning whether, if it is invites the general public and other to [email protected] or contact Judith B. revised as suggested in EPA’s review Federal agencies to take this Herman, 202–418–0214. and if it is performed as described, this opportunity to comment on the SUPPLEMENTARY INFORMATION: research is likely to generate following information collection(s), as scientifically reliable data, useful for OMB Control No: 3060–0233. required by the Paperwork Reduction Title: Part 36, Separations. assessing the efficacy of the tested Act of 1995, 44 U.S.C. 3501–3520. An materials in repelling ticks, and to meet Form No.: N/A. agency may not conduct or sponsor a Type of Review: Extension of a the applicable requirements of 40 CFR collection of information unless it part 26, subparts K and L. currently approved collection. displays a currently valid control Respondents: Business or other for– 3. A new scenario design and number. No person shall be subject to associated protocol from the profit. any penalty for failing to comply with Number of Respondents: 1,997 Antimicrobials Exposure Assessment a collection of information subject to the Task Force II (AEATF–II), describing respondents; 7,562 responses. Paperwork Reduction Act (PRA) that Estimated Time Per Response: 5 – 22 proposed research to monitor at three does not display a valid control number. sites the dermal and inhalation hours. Comments are requested concerning (a) exposure of professional janitorial Frequency of Response: On occasion, whether the proposed collection of workers who apply an antimicrobial annual and quarterly reporting information is necessary for the proper pesticide formulated as an aerosol requirements and third party disclosure performance of the functions of the spray. EPA requests the advice of the requirements. Commission, including whether the HSRB concerning whether, if it is Obligation to Respond: Required to information shall have practical utility; revised as suggested in EPA’s review obtain or retain benefits. Statutory (b) the accuracy of the Commission’s and if it is performed as described, this authority for information collection is burden estimate; (c) ways to enhance research is likely to generate contained in 47 U.S.C. sections 151, the quality, utility, and clarity of the scientifically reliable data, useful for 154(i), and (j), 221(c) and 410(c). assessing the exposure of those who information collected; and (d) ways to Total Annual Burden: 71,283 hours. apply antimicrobial pesticides as minimize the burden of the collection of Privacy Act Impact Assessment: N/A aerosols, and to meet the applicable information on the respondents, Nature and Extent of Confidentiality: requirements of 40 CFR part 26, including the use of automated No assurance of confidentiality has been subparts K and L. collection techniques or other forms of given regarding the information. In addition, the Board will be information technology. Need and Uses: The Commission will reviewing its draft June 24–25, 2009, DATES: Persons wishing to comment on submit this information collection to the meeting report for subsequent Board this information collection should Office of Management and Budget approval. Finally, the HSRB may also submit comments on November 2, 2009. (OMB) during this 30 day comment discuss planning for future HSRB If you anticipate that you will be period in order to obtain the full three meetings. submitting comments, but find it year clearance from them. The b. Meeting minutes and reports. difficult to do so within the period of Commission is requesting an extension Minutes of the meeting, summarizing time allowed by this notice, you should (no change in the reporting and/or third the matters discussed and advise the contact listed below as soon party disclosure requirements) of this recommendations, if any, made by the as possible. information collection. There is a advisory committee regarding such ADDRESSES: Direct all PRA comments to change in the estimated respondents/ matters, will be released within 90 Nicholas A. Fraser, Office of responses and the annual burden hours. calendar days of the meeting. Such Management and Budget (OMB), via fax The Commission is reporting a 1,774 minutes will be available at http:// at (202) 395–5167, or via the Internet at adjusted increase in the number of www.epa.gov/osa/hsrb/ and http:// [email protected] and responses and a 12,865 hour increase in www.regulations.gov. In addition, to Judith B. Herman, Federal the total annual burden hours. information concerning a Board meeting Communications Commission (FCC). To In order to determine which carriers report, if applicable, can be found at submit your comments by e–mail send are entitled to universal service support,

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all (both rural and non–rural) this information, NECA and USAC set forth in paragraph 7 of the Act (12 incumbent local exchange (Universal Service Administration U.S.C. 1817(j)(7)). carriers(LECs) must provide the Company) would not be able to The notices are available for National Exchange Carrier Association calculate such payments to eligible immediate inspection at the Federal (NECA) with the loop cost and loop carriers. Reserve Bank indicated. The notices count data required by 47 CFR 63.611 of Federal Communications Commission. also will be available for inspection at the Commission’s rules for each of its Marlene H. Dortch, the office of the Board of Governors. study areas and, if applicable, for each Interested persons may express their Secretary. wire center (that term is defined in 47 views in writing to the Reserve Bank CFR Part 54). [FR Doc. E9–23768 Filed 10–1–09; 8:45 am] indicated for that notice or to the offices Loops are the telephone lines running BILLING CODE: 6712–01–S of the Board of Governors. Comments from the carrier’s switching facilities to must be received not later than October the customer. The loop cost and loop 19, 2009. count information is to be field annually FEDERAL ACCOUNTING STANDARDS A. Federal Reserve Bank of with NECA by July 31st of each year, ADVISORY BOARD Minneapolis (Jacqueline G. King, and may be updated quarterly pursuant Community Affairs Officer) 90 to 47 CFR 63.612. Pursuant to section Notice of Issuance of Statement of Hennepin Avenue, Minneapolis, 36.613, the information filed on July Federal Financial Accounting Standard Minnesota 55480–0291: 31st of each year will be used to 36, Reporting Comprehensive Long- 1. Earl E. Geiger, Bloomington, calculate universal service support for Term Fiscal Projections for the U.S. Minnesota; to acquire voting shares of each study area and is filed by NECA Government Heritage Bancshares Group, Inc., with the Commission by October 1 of Willmar, Minnesota, and thereby AGENCY: Federal Accounting Standards each year. An incumbent LEC is define indirectly acquire voting shares of Advisory Board. as a carrier that meets the definition of Heritage Bank, NA, Spicer, Minnesota, ‘‘incumbent local exchange carrier’’ in ACTION: Notice. and Heritage Bank, NA, Holstein, Iowa. 47 CFR 51.5 of the Commission’s rules. Section 63.612(a) also requires non– Board Action: Pursuant to 31 U.S.C. Board of Governors of the Federal Reserve rural carriers to file loop counts (no loop 3511(d), the Federal Advisory System, September 29, 2009. cost data) on a quarterly basis. The Committee Act (Pub. L. 92–463), as Robert deV. Frierson, Commission requires that non–rural amended, and the FASAB Rules of Deputy Secretary of the Board. carriers submit quarterly loop counts in Procedure, as amended in April, 2004, [FR Doc. E9–23804 Filed 10–1–09; 8:45 am] order to ensure that universal service notice is hereby given that the Federal BILLING CODE 6210–01–S fund (USF) support for non–rural Accounting Standards Advisory Board carriers is accurately calculated when (FASAB) has issued Statement of competitive eligible Federal Financial Accounting Standard DEPARTMENT OF HEALTH AND telecommunications carriers (ETCs) are 36, Reporting Comprehensive Long- HUMAN SERVICES present in the incumbent LECs’ Term Fiscal Projections for the U.S. operating areas. Quarterly loop cost and Government. Office of the Secretary loop count data filings are voluntary for The standard is available on the rural carriers. When a competitive ETC, FASAB home page http:// Declaration Under the Public however, is operating in an incumbent www.fasab.gov/standards.html. Copies Readiness and Emergency rural carrier’s territory, the incumbent can be obtained by contacting FASAB at Preparedness Act (202) 512–7350. rural carrier is required to submit September 28, 2009. quarterly loop count data. Quarterly FOR FURTHER INFORMATION CONTACT: AGENCY: Office of the Secretary (OS), filings of loop counts are necessary Wendy Payne, Executive Director, at Department of Health and Human because if an incumbent rural carrier (202) 512–7350. Services (HHS). does not update its loop count data Authority: Federal Advisory Committee ACTION: Notice. more often than annually, but its Act, Public Law 92–463. competitor does, the competitor’s more Dated: September 29, 2009. SUMMARY: Declaration pursuant to recent data may include loops captured section 319F–3 of the Public Health from the incumbent since the Charles Jackson, Service Act (42 U.S.C. 247d–6d) to incumbent’s last filing. Thus, the Federal Register Liaison Officer. provide targeted liability protections for incumbent would continue to receive [FR Doc. E9–23816 Filed 10–1–09; 8:45 am] pandemic countermeasures based on the USF support at the same per line BILLING CODE 1610–02–P Secretary’s finding under the Act that support amount that the incumbent LEC the 2009–H1N1 virus strain and the receives in the same operating territory. resulting disease, 2009–H1N1 influenza, In order to receive such support, the FEDERAL RESERVE SYSTEM constitutes a public health emergency. competitive ETC must file loop count DATES: This notice and the attached data with the USAC on a quarterly basis. Change in Bank Control Notices; declaration are effective as of the date of The reporting requirements are Acquisition of Shares of Bank or Bank signature of the declaration. necessary to implement the Holding Companies congressional mandate for universal FOR FURTHER INFORMATION CONTACT: Dr. service. The requirements are necessary The notificants listed below have Nicole Lurie, Assistant Secretary for to verify that rural and non–rural LECs applied under the Change in Bank Preparedness and Response, Office of are eligible to receive universal service Control Act (12 U.S.C. 1817(j)) and the Secretary, Department of Health and support. Information filed with NECA § 225.41 of the Board’s Regulation Y (12 Human Services, 200 Independence pursuant to section 36.611 is used to CFR 225.41) to acquire a bank or bank Avenue, SW., Washington, DC 20201, calculate universal service support holding company. The factors that are Telephone (202) 205–2882 (this is not a payments to eligible carriers. Without considered in acting on the notices are toll-free number).

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HHS Secretary’s Declaration for the Use Countermeasures from State, local, or effect with respect to: (1) Present or of the Public Readiness and Emergency private stockpiles; future Federal contracts, cooperative Preparedness Act for the Influenza Whereas, the extent of immunity agreements, grants, interagency Antiviral Peramivir under section 319F–3(a) of the Act agreements, clinical trials agreements or afforded to a governmental program Whereas, on April 26, 2009, Acting memoranda of understanding involving planner that obtains Covered Secretary Charles Johnson determined countermeasures that are used and Countermeasures except through under section 319 of the Public Health administered in accordance with this voluntary means is not intended to Service Act, (42 U.S.C. 247d) (‘‘the declaration, and (2) activities authorized affect the extent of immunity afforded in accordance with the public health Act’’), that a public health emergency other covered persons with respect to and medical response of the Authority exists nationwide involving the Swine such Covered Countermeasures; Having Jurisdiction to prescribe, influenza A virus (now known as Whereas, in accordance with section administer, deliver, distribute or ‘‘2009–H1N1 influenza’’) that affects or 319F–3(b)(6) of the Act, I have dispense the Covered Countermeasure has significant potential to affect the considered the desirability of following a declaration of an emergency, national security; encouraging the design, development, as defined in section IX below. In Whereas, on July 24, 2009, Secretary clinical testing or investigation, accordance with section 319F–3(b)(2)(E) Kathleen Sebelius renewed the manufacturing, labeling, distribution, of the Act, for governmental program determination under section 319 of the formulation, packaging, marketing, planners, the immunity specified in Public Health Service Act, (42 U.S.C. promotion, sale, purchase, donation, section 319F–3(a) of the Act shall be in 247d) (‘‘the Act’’), that a public health dispensing, prescribing, administration, effect to the extent they obtain Covered emergency exists nationwide involving licensing, and use of such Countermeasures through voluntary the Swine influenza A virus (now countermeasures with respect to the means of distribution, such as (1) known as ‘‘2009–H1N1 influenza’’) that category of disease and population donation; (2) commercial sale; (3) affects or has significant potential to described in sections II and IV below, deployment of Covered affect the national security; and have found it desirable to encourage Countermeasures from Federal Whereas, the World Health such activities for the covered stockpiles; or (4) deployment of Organization has established a countermeasures; and donated, purchased, or otherwise Pandemic alert phase 6 for the 2009– Whereas, to encourage the design, voluntarily obtained Covered H1N1 influenza virus currently development, clinical testing or Countermeasures from State, local, or circulating worldwide; investigation, manufacturing and private stockpiles. For all other covered Whereas there are countermeasures product formulation, labeling, persons, including other program under development to treat, identify, or distribution, packaging, marketing, planners, the immunity specified in prevent adverse health consequences or promotion, sale, purchase, donation, section 319F–3(a) of the Act shall, in death from exposure to 2009–H1N1 dispensing, prescribing, administration, accordance with section 319F–3(b)(2)(E) influenza; licensing, and use of medical of the Act, be in effect pursuant to any Whereas such countermeasures countermeasures with respect to the means of distribution. include peramivir; category of disease and population This declaration shall subsequently Whereas such countermeasures may described in sections II and IV below, it refer to the countermeasures identified be used and administered in accordance is advisable, in accordance with section above as ‘‘Covered Countermeasures.’’ with Federal contracts, cooperative 319F–3(a) and (b) of the Act, to provide This declaration shall apply to all agreements, grants, interagency immunity from liability for covered Covered Countermeasures administered agreements, clinical trials agreements persons, as that term is defined at or used during the effective period of and memoranda of understanding, and section 319F–3(i)(2) of the Act, and to the declaration. may also be used and administered at include as such covered persons such II. Category of Disease (As Required by the Regional, State, and local level in other qualified persons as I have Section 319F–3(b)(2)(A) of the Act) accordance with the public health and identified in section VI of this medical response of the Authority declaration; The category of disease, health Having Jurisdiction; Therefore, pursuant to section 319F– condition, or threat to health for which Whereas, the possibility of 3(b) of the Act, I have determined that I am recommending the administration governmental program planners 2009–H1N1 influenza and resulting or use of the Covered Countermeasures obtaining stockpiles from private sector disease constitutes a public health is the threat of or actual human entities except through voluntary means emergency. influenza that results from the infection such as commercial sale, donation, or of humans with 2009–H1N1 influenza. deployment would undermine national I. Covered Countermeasures (As preparedness efforts and should be Required by Section 319F–3(b)(1) of the III. Effective Time Period (As Required discouraged as provided for in section Act) by Section 319F–3(b)(2)(B) of the Act) 319F–3(b)(2)(E) of the Act (42 U.S.C. Covered Countermeasures are defined With respect to Covered 247d–6d(b)); at section 319F–3(i) of the Act. Countermeasures administered and Whereas, immunity under section At this time, and in accordance with used in accordance with present or 319F–3(a) of the Act should be available the provisions contained herein, I am future Federal contracts, cooperative to governmental program planners for recommending the manufacturing, agreements, grants, interagency distributions of Covered testing, development, and distribution; agreements, clinical trials agreements or Countermeasures obtained voluntarily, and, with respect to the category of memoranda of understanding involving such as by (1) donation; (2) commercial disease and population described in countermeasures, the effective period of sale; (3) deployment of Covered sections II and IV below, the time of this Declaration commenced on Countermeasures from Federal administration and usage of the April 26, 2009, and extends through stockpiles; or (4) deployment of pandemic countermeasure peramivir. June 1, 2010. With respect to Covered donated, purchased, or otherwise The immunity specified in section Countermeasures administered and voluntarily obtained Covered 319F–3(a) of the Act shall only be in used in accordance with the public

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health and medical response of the V. Geographic Area (As Required by IX. Amendments Authority Having Jurisdiction, the Section 319F–3(b)(2)(D) of the Act) effective period of time of this This Declaration has not previously Section 319F–3(a) of the Act applies been amended. Any future amendment Declaration commences on the date of a to the administration and use of a to this Declaration will be published in declaration of an emergency, and lasts Covered Countermeasure without the Federal Register, pursuant to through and includes the final day that geographic limitation. the emergency declaration is in effect, section 319F–3(b)(4) of the Act. VI. Other Qualified Persons (As including any extensions thereof, or X. Definitions until June 1, 2010, whichever is earlier. Required by Section 319F–3(i)(8)(B) of the Act) IV. Population (As Required by Section For the purpose of this declaration, 319F–3(b)(2)(C) of the Act) With regard to the administration or including any claim for loss brought in use of a Covered Countermeasure, accordance with section 319F–3 of the Section 319F–3(a)(4)(A) of the Act section 319F–3(i)(8)(A) of the Act PHS Act against any covered persons confers immunity to manufacturers and defines the term ‘‘qualified person’’ as a defined in the Act or this declaration, distributors of the Covered licensed individual who is authorized to the following definitions will be used: Countermeasure, regardless of the prescribe, administer, or dispense the Administration of a Covered defined population. Covered Countermeasure under the law Countermeasure: As used in section of the State in which such covered Section 319F–3(a)(3)(C)(i) of the Act 319F–3(a)(2)(B) of the Act includes, but countermeasure was prescribed, confers immunity to covered persons is not limited to, public and private who may be a program planner or administered or dispensed. Additional persons who are qualified delivery, distribution, and dispensing qualified persons with respect to the activities relating to physical Covered Countermeasure only if a persons pursuant to section 319F– administration of the countermeasures member of the population specified in 3(i)(8)(B) are the following: (1) Any to recipients, management and the declaration uses the Covered person authorized in accordance with operation of delivery systems, and Countermeasure or has the Covered the public health and medical management and operation of Countermeasure administered to him emergency response of the Authority distribution and dispensing locations. and is in or connected to the geographic Having Jurisdiction to prescribe, location specified in this declaration, or administer, deliver, distribute or Authority Having Jurisdiction: Means the program planner or qualified person dispense Covered Countermeasures, and the public agency or its delegate that has reasonably could have believed that their officials, agents, employees, legal responsibility and authority for these conditions were met. contractors and volunteers, following a responding to an incident, based on The populations specified in this declaration of an emergency, and (2) political or geographical (e.g., city, declaration are all persons who use a Any person authorized to prescribe, county, tribal, State, or Federal Covered Countermeasure or to whom a administer, or dispense Covered boundary lines) or functional (e.g. law Countermeasures or who is otherwise Covered Countermeasure is enforcement, public health) range or authorized under an Emergency Use administered in accordance with this sphere of authority. Authorization. declaration, including, but not limited Covered Persons: As defined at to: (1) Any person conducting research VII. Additional Time Periods of section 319F–3(i)(2) of the Act, include and development of Covered Coverage After Expiration of the United States, manufacturers, Countermeasures directly for the Declaration (As Required by Section distributors, program planners, and Federal government or pursuant to a 319F–3(b)(3)(B) of the Act) qualified persons. The terms contract, grant, or cooperative I have determined that, upon ‘‘manufacturer,’’ ‘‘distributor,’’ agreement with the Federal government; expiration of the time period specified ‘‘program planner,’’ and ‘‘qualified (2) any person who receives a Covered in section III above, an additional person’’ are further defined at sections Countermeasure from persons twelve (12) months is a reasonable 319F–3(i)(3), (4), (6), and (8), authorized in accordance with the period to allow for the manufacturer to respectively, of the Act. public health and medical emergency arrange for disposition and covered Declaration of Emergency: A response of the Authority Having persons to take such other actions as are declaration by any authorized local, Jurisdiction to prescribe, administer, appropriate to limit the administration regional, State, or Federal official of an deliver, distribute, or dispense the or use of the Covered Countermeasure, emergency specific to events that Covered Countermeasure, and their and the liability protection of section officials, agents, employees, contractors, indicate an immediate need to 319F–3(a) of the Act shall extend for administer and use pandemic and volunteers following a declaration that period. of an emergency; (3) any person who countermeasures, with the exception of receives a Covered Countermeasure VIII. Compensation Fund a Federal declaration in support of an from a person authorized to prescribe, Section 319F–4 of the Act provides emergency use authorization under administer or dispense the benefits to eligible individuals who section 564 of the FDCA unless such countermeasure or who is otherwise sustain a covered injury directly caused declaration specifies otherwise. authorized under an Emergency Use by the administration or use of a Pandemic Countermeasures: Means Authorization; and (4) any person who Covered Countermeasure. The peramivir, an antiviral from the receives a Covered Countermeasure Countermeasure Injury Compensation neuraminidase inhibitor class of pursuant to an Investigational New Drug Program (CICP), within the Health influenza antiviral drugs. Application (IND) in effect, including in Resources and Services Administration Dated: September 25, 2009. human clinical trials being conducted (HRSA), administers this compensation directly by the Federal Government or program. Information about the CICP is Kathleen Sebelius, pursuant to a contract, grant, or available at 1–888–275–4772 or http:// Secretary. cooperative agreement with the Federal www.hrsa.gov/countermeasurescomp/ [FR Doc. E9–23761 Filed 10–1–09; 8:45 am] Government. default.htm. BILLING CODE 4150–37–P

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DEPARTMENT OF HEALTH AND public comment. No public comments Monitors of the CTUs and CRSs. The HUMAN SERVICES were received. The purpose of this researchers are located globally, and notice is to allow an additional 30 days may be part of more than one DAIDS National Institutes of Health for public comment. The National funded research study and/or network. Institutes of Health may not conduct or The DPIP is built upon four goals of Submission for OMB Review; sponsor, and the respondent is not awareness and accessibility, Comment Request; Program Review of required to respond to, an information understandability, applicability, and the Division of Acquired collection that has been extended, harmonization of the policies and Immunodeficiency Syndrome Policy revised, or implemented on or after procedures. The review is to determine Implementation Program October 1, 1995, unless it displays a DPIP’s progression to fulfillment of its currently valid OMB control number. program goals. The results of the review AGENCY: National Institutes of Health Proposed Collection: Title: Program (NIH), Policy, Training, and Quality will provide DAIDS’ Policy, Training, Review of the DAIDS Policy and Quality Assurance Branch (PTQAB) Assurance Branch (PTQAB), Division of Implementation Program Type of Acquired Immune Deficiency Syndrome with information to guide optimal Information Collection Request: New. deployment of clinical research policies (DAIDS), The National Institute of Need and Use of Information: The Allergy and Infectious Diseases (NIAID). and procedures intended to harmonize, program review of the Division of AIDS standardize and improve DAIDS SUMMARY: Under the provisions of (DAIDS) Implementation Program funded/sponsored research. The Section 3507(a)(1)(D) of the Paperwork (DPIP), is to be conducted over a three- program review will help derive an Reduction Act of 1995, the National year period, and it will provide understanding of whether the DPIP Institute of Allergy and Infectious feedback to aid in the understanding of program is implemented and Diseases (NIAID) Office of Science the target population’s knowledge, Policy and Planning, the National attitudes, and perceptions of the DAIDS functioning as intended to meet its Institute of Health (NIH) has submitted Policy Implementation Program (DPIP). program goals. Collection/Frequency of to the Office of Management and Budget The target population is classified as Response: Web-based survey; annually (OMB) a request for review and Extramural Researchers (ERs), who are (once a year). Focus Group; one time. approval of the information collection recipients of funding from DAIDS to Affected Public: Extramural listed below. This proposed information conduct and review research. This target Researchers. Type of Respondents: collection was previously published in population is comprised of Site Leaders Adult professionals. the Federal Register, July 16, 2009 (74 of Clinical Research Sites (CRSs) and The annual reporting burden is FR 34580), and allowed 60 days for Research Networks and Clinical Site provided in the following table:

Number of Data collection Frequency of Average time Annual hour Type of respondents respondents instrument response per response burden

Extramural Researchers ...... 392 Survey ...... 3 1.0 392 Focus Groups ...... 1 2.0 261

Totals ...... 392 ...... 653

There are no Capital Costs to report. regarding the item(s) contained in this Dated: September 24, 2009. There are no Operating or Maintenance notice, especially regarding the Judith Brooks, Costs to report. estimated public burden and associated Branch Chief, Policy, Training, and Quality Request for Comments: Written response time, should be directed to the: Assurance Branch, NIAID, National Institutes comments and/or suggestions from the Office of Management and Budget, of Health. public and affected agencies should Office of Regulatory Affairs, [FR Doc. E9–23784 Filed 10–1–09; 8:45 am] address one or more of the following [email protected] or by BILLING CODE 4140–01–P points: (1) Evaluate whether the fax to 202–395–6974, Attention: Desk proposed collection of information is Officer for NIH. To request more necessary for the proper performance of information on the proposed project or DEPARTMENT OF HEALTH AND the function of the agency, including to obtain a copy of the data collection HUMAN SERVICES whether the information will have plans and instruments, contact: Ms. practical utility; (2) Evaluate the Dione Washington, Policy, Training, National Institutes of Health accuracy of the agency’s estimate of the and Quality Assurance Branch, National burden of the proposed collection of National Institute of Child Health and Institute of Allergy and Infectious information, including the validity of Human Development Submission for Diseases, NIH, 6700B Rockledge Drive, the methodology and assumptions used; OMB Review; Comment Request; (3) Enhance the quality, utility, and MSC 7620 Bethesda, MD 20892–7620 NEXT Generation Health Study; clarity of the information to be United States of America; or e-mail your Correction Notice collected; and (4) Minimize the burden request, including your address to: of the collection of information on those [email protected]. SUMMARY: The National Institutes of who are to respond, including the use Comments Due Date: Comments Health is publishing this notice again to of appropriated automated, electronic, regarding this information collection are correct the errant data that appeared in mechanical, or other technological best assured of having their full effect if Table 1 and Table 2 of the notice, as collection techniques or other forms of received within 30-days of the date of previously published in the Federal information technology. this publication. Register, September 24, 2009 (74 FR FOR FURTHER INFORMATION CONTACT: 48747–48749). The data in Table 1 and Written comments and/or suggestions Table 2 of this notice are correct.

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Under the provisions of section information. The purpose of this notice study will provide needed information 3507(a)(1)(D) of the Paperwork is to allow an additional 30 days for about the health of U.S. adolescents. Reduction Act of 1995, the National public comment. The National Institutes The study will collect information on Institute of Child Health and Human of Health may not conduct or sponsor, adolescent health behaviors and social Development (NICHD), the National and the respondent is not required to and environmental contexts for these Institutes of Health (NIH) has submitted respond to, an information collection behaviors annually for four years to the Office of Management and Budget that has been extended, revised, or beginning in the 2009–2010 school year. (OMB) a request for review and implemented on or after October 1, Self-report of health status, health approval of the information collection 1995, unless it displays a currently valid behaviors, and health attitudes will be listed below. This proposed information OMB control number. collected by in-school and online collection was previously published in surveys. Anthropometric data, genetic the Federal Register on July 17, 2009, Proposed Collection information, and neighborhood Volume 74, Number 136, pages 34760– Title: NEXT Generation Health Study. characteristics will be gathered on all 34761 and allowed 60-days for public participants as well. The study will also comment. Two public comments were Type of Information Collection incorporate a School Administrator received. One questioned the value of Request: New. Survey and other data files to obtain this study and suggested that the study Need and Use of Information related information on school-level could not possibly be completed within Collection: The goal of this research is health programs and community-level the stated cost estimates. We have to obtain data on adolescent health and contextual data. A representative always conducted extremely efficient health behaviors annually for four years subsample of overweight and normal studies within stated cost estimates. The beginning in the 2009–2010 school year weight adolescents will be identified value of this research is demonstrated from a national probability sample of and additional data on behavioral risk by the involvement of multiple adolescents. This information will factors and biological markers and risk government agencies. The second e-mail enable the improvement of health factors will be gathered on these simply expressed interest in more services and programs for youth. The adolescents.

TABLE 1—ANNUAL BURDEN FOR AFFECTED PUBLIC: SCHOOL-AGE CHILDREN, PARENTS AND SCHOOL ADMINISTRATORS

Estimated Estimated total Estimated number of re- Average annual burden Type of respondents number of sponses per burden hours hours respondents respondent per response requested

Adolescents ...... 2,700 1 0.75 2,025 Adolescents with additional assessments ...... 750 1 2.5 1,875 Parents ...... 750 1 0.17 128 School Administrators ...... 80 1 0.33 26

The estimated annualized cost to duration of the project, these costs 10) and of average wage and salaried respondents is $3,911 (Table 2). These would be reduced to $1,761. These employees, and assuming an annual costs were estimated for the 2009/2010 estimates were calculated using 2008 increase of 3.75%, 50-week contract, survey year only, not the entire duration Department of Labor figures for wages of and 40-hour week. of the project; annualized over the entire principals in high schools (grades 9 and

TABLE 2—ANNUAL COST TO RESPONDENTS—2009/2010 SURVEY YEAR ONLY

Estimated total Average annual burden Estimated an- hourly earn- Estimated cost Type of respondents hours nual earnings ings (with during survey requested during survey rounding) year

Adolescents ...... 2,025 $0.00 $0.00 $0.00 Adolescents with additional assessments ...... 1,875 0.00 0.00 0.00 Parents ...... 128 42,270 21.93 2,807 School Administrators ...... 26 84,913 42.46 1,104

There are no Capital Costs to report. performance of the function of the mechanical, or other technological There are no Operating or Maintenance agency, including whether the collection techniques or other forms of Costs to report. information will have practical utility; information technology. No direct costs to the respondents (2) The accuracy of the agency’s FOR FURTHER INFORMATION CONTACT: themselves or to participating schools estimate of the burden of the proposed Written comments and/or suggestions are anticipated. collection of information, including the regarding the item(s) contained in this Request for Comments: Written validity of the methodology and notice, especially regarding the comments and/or suggestions from the assumptions used; (3) Ways to minimize estimated public burden and associated public and affected agencies are invited the burden of the collection of response time, should be directed to the: on one or more of the following points: information on those who are to [email protected] or by (1) Whether the proposed collection of respond, including the use of fax to 202–395–6974. To request more information is necessary for the proper appropriate automated, electronic, information on the proposed project or

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to obtain a copy of the data collection This new option for State Medicaid and DEPARTMENT OF HEALTH AND plans and instruments, contact Dr. Children Health Insurance Programs HUMAN SERVICES Ronald Iannotti, Prevention Research (CHIP) was provided by section 214 of Branch, Division of Epidemiology, the Children’s Health Insurance Substance Abuse and Mental Health Statistics, and Prevention Research, Program Reauthorization Act of 2009, Services Administration Eunice Kennedy Shriver National Public Law 111–3, which amends Institute of Child Health and Human Current List of Laboratories Which section 1902 of the Social Security Act. Meet Minimum Standards To Engage in Development, Building 6100, 7B05, To select this option, a State Medicaid 9000 Rockville Pike, Bethesda, Urine Drug Testing for Federal or CHIP agency will complete a Agencies Maryland, 20892–7510, or call non-toll template page and submit it for approval free number (301) 435–6951 or E-mail as part of their State Plan. Form AGENCY: Substance Abuse and Mental your request, including your address to Number: CMS–10299 (OMB#: 0938– Health Services Administration, HHS. [email protected]. ACTION: Notice. Comments Due Date: Comments NEW); Frequency: Reporting—Once and occasionally; Affected Public: State, regarding this information collection are SUMMARY: The Department of Health and best assured of having their full effect if Local, or Tribal Governments; Number Human Services (HHS) notifies Federal received within 30 days of the date of of Respondents: 51; Total Annual agencies of the laboratories currently this publication. Responses: 51; Total Annual Hours: 51. certified to meet the standards of (For policy questions regarding this Dated: September 28, 2009. subpart C of the Mandatory Guidelines collection contact Bob Tomlinson at Sarah Glavin, for Federal Workplace Drug Testing 410–786–5907. For all other issues call Programs (Mandatory Guidelines). The Project Clearance Liaison, NICHD, National 410–786–1326.) Institutes of Health. Mandatory Guidelines were first published in the Federal Register on [FR Doc. E9–23782 Filed 10–1–09; 8:45 am] To obtain copies of the supporting April 11, 1988 (53 FR 11970), and BILLING CODE 4140–01–P statement and any related forms for the proposed paperwork collections subsequently revised in the Federal referenced above, access CMS’ Web Site Register on June 9, 1994 (59 FR 29908), DEPARTMENT OF HEALTH AND at http://www.cms.hhs.gov/ on September 30, 1997 (62 FR 51118), HUMAN SERVICES PaperworkReductionActof1995, or and on April 13, 2004 (69 FR 19644). A notice listing all currently certified E-mail your request, including your laboratories is published in the Federal Centers for Medicare & Medicaid address, phone number, OMB number, Register during the first week of each Services and CMS document identifier, to month. If any laboratory’s certification [Document Identifier: CMS–10299] [email protected], or call the is suspended or revoked, the laboratory Reports Clearance Office on (410) will be omitted from subsequent lists Agency Information Collection 786–1326. Activities: Proposed Collection; until such time as it is restored to full In commenting on the proposed Comment Request certification under the Mandatory information collections please reference Guidelines. AGENCY: Centers for Medicare & the document identifier or OMB control If any laboratory has withdrawn from Medicaid Services, HHS. number. To be assured consideration, the HHS National Laboratory In compliance with the requirement comments and recommendations must Certification Program (NLCP) during the of section 3506(c)(2)(A) of the be submitted in one of the following past month, it will be listed at the end, Paperwork Reduction Act of 1995, the ways by December 1, 2009: and will be omitted from the monthly Centers for Medicare & Medicaid listing thereafter. 1. Electronically. You may submit This notice is also available on the Services (CMS) is publishing the your comments electronically to http:// Internet at http:// following summary of proposed www.regulations.gov. Follow the www.workplace.samhsa.gov and http:// collections for public comment. instructions for ‘‘Comment or www.drugfreeworkplace.gov. Interested persons are invited to send Submission’’ or ‘‘More Search Options’’ comments regarding this burden FOR FURTHER INFORMATION CONTACT: Mrs. to find the information collection Giselle Hersh, Division of Workplace estimate or any other aspect of this document(s) accepting comments. collection of information, including any Programs, SAMHSA/CSAP, Room 2– of the following subjects: (1) The 2. By regular mail. You may mail 1042, One Choke Cherry Road, necessity and utility of the proposed written comments to the following Rockville, Maryland 20857; 240–276– information collection for the proper address: CMS, Office of Strategic 2600 (voice), 240–276–2610 (fax). performance of the agency’s functions; Operations and Regulatory Affairs, SUPPLEMENTARY INFORMATION: The (2) the accuracy of the estimated Division of Regulations Development, Mandatory Guidelines were developed burden; (3) ways to enhance the quality, Attention: Document Identifier/OMB in accordance with Executive Order utility, and clarity of the information to Control Number, Room C4–26–05, 7500 12564 and section 503 of Public Law be collected; and (4) the use of Security Boulevard, Baltimore, 100–71. Subpart C of the Mandatory automated collection techniques or Maryland 21244–1850. Guidelines, ‘‘Certification of other forms of information technology to Laboratories Engaged in Urine Drug Dated: September 25, 2009. minimize the information collection Testing for Federal Agencies,’’ sets strict burden. Michelle Shortt, standards that laboratories must meet in 1. Type of Information Collection Director, Regulations Development Group, order to conduct drug and specimen Request: New Collection; Title of Office of Strategic Operations and Regulatory validity tests on urine specimens for Information Collection: State Plan Affairs. Federal agencies. To become certified, Amendment Template for the Option to [FR Doc. E9–23811 Filed 10–1–09; 8:45 am] an applicant laboratory must undergo Cover Certain Children and Pregnant BILLING CODE 4120–01–P three rounds of performance testing plus Women Lawfully residing in U.S.; Use: an on-site inspection. To maintain that

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certification, a laboratory must 361–8989/800–433–3823. (Formerly: 800–328–6942. (Formerly: Centinela participate in a quarterly performance Laboratory Specialists, Inc.) Hospital Airport Toxicology testing program plus undergo periodic, Kroll Laboratory Specialists, Inc., 450 Laboratory). on-site inspections. Southlake Blvd., Richmond, VA Pathology Associates Medical Laboratories which claim to be in the 23236. 804–378–9130. (Formerly: Laboratories, 110 West Cliff Dr., applicant stage of certification are not to Scientific Testing Laboratories, Inc.; Spokane, WA 99204. 509–755–8991/ be considered as meeting the minimum Kroll Scientific Testing Laboratories, 800–541–7891x7. requirements described in the HHS Inc.) Phamatech, Inc., 10151 Barnes Canyon Mandatory Guidelines. A laboratory Laboratory Corporation of America Road, San Diego, CA 92121. 858–643– must have its letter of certification from Holdings, 7207 N. Gessner Road, 5555. HHS/SAMHSA (formerly: HHS/NIDA) Houston, TX 77040. 713–856–8288/ Quest Diagnostics Incorporated, 3175 which attests that it has met minimum 800–800–2387. Presidential Dr., Atlanta, GA 30340. standards. Laboratory Corporation of America 770–452–1590/800–729–6432. In accordance with subpart C of the Holdings, 69 First Ave., Raritan, NJ (Formerly: SmithKline Beecham Mandatory Guidelines dated April 13, 08869. 908–526–2400/800–437–4986. Clinical Laboratories; SmithKline Bio- 2004 (69 FR 19644), the following (Formerly: Roche Biomedical Science Laboratories). laboratories meet the minimum Laboratories, Inc.) Quest Diagnostics Incorporated, 400 standards to conduct drug and specimen Laboratory Corporation of America Egypt Road, Norristown, PA 19403. validity tests on urine specimens: Holdings, 1904 Alexander Drive, 610–631–4600/877–642–2216. Research Triangle Park, NC 27709. ACL Laboratories, 8901 W. Lincoln (Formerly: SmithKline Beecham 919–572–6900/800–833–3984. Ave., West Allis, WI 53227. 414–328– Clinical Laboratories; SmithKline Bio- (Formerly: LabCorp Occupational 7840/800–877–7016. (Formerly: Science Laboratories). Testing Services, Inc., CompuChem Bayshore Clinical Laboratory). Quest Diagnostics Incorporated, 7600 Laboratories, Inc.; CompuChem ACM Medical Laboratory, Inc., 160 Tyrone Ave., Van Nuys, CA 91405. Laboratories, Inc., A Subsidiary of Elmgrove Park, Rochester, NY 14624. 866–370–6699/818–989–2521. Roche Biomedical Laboratory; Roche 585–429–2264. (Formerly: SmithKline Beecham CompuChem Laboratories, Inc., A Advanced Toxicology Network, 3560 Clinical Laboratories). Member of the Roche Group). Air Center Cove, Suite 101, Memphis, S.E.D. Medical Laboratories, 5601 Office Laboratory Corporation of America TN 38118. 901–794–5770/888–290– Blvd., Albuquerque, NM 87109. 505– Holdings, 1120 Main Street, 1150. 727–6300/800–999–5227. Southaven, MS 38671. 866–827–8042/ Aegis Analytical Laboratories, 345 Hill South Bend Medical Foundation, Inc., 800–233–6339. (Formerly: LabCorp Ave., Nashville, TN 37210. 615–255– 530 N. Lafayette Blvd., South Bend, Occupational Testing Services, Inc.; 2400. (Formerly: Aegis Sciences IN 46601. 574–234–4176 x276. MedExpress/National Laboratory Corporation, Aegis Analytical Southwest Laboratories, 4625 E. Cotton Center). Center Boulevard, Suite 177, Phoenix, Laboratories, Inc.) LabOne, Inc. d/b/a Quest Diagnostics, Baptist Medical Center-Toxicology AZ 85040. 602–438–8507/800–279– 10101 Renner Blvd., Lenexa, KS 0027. Laboratory, 9601 I–630, Exit 7, Little 66219. 913–888–3927/800–873–8845. Rock, AR 72205–7299. 501–202–2783. St. Anthony Hospital Toxicology (Formerly: Quest Diagnostics Laboratory, 1000 N. Lee St., (Formerly: Forensic Toxicology Incorporated; LabOne, Inc.; Center for Laboratory Baptist Medical Center). Oklahoma City, OK 73101. 405–272– Laboratory Services, a Division of 7052. Clendo Reference Laboratory, Avenue LabOne, Inc.). Santa Cruz #58, Bayamon, Puerto Rico Sterling Reference Laboratories, 2617 Maxxam Analytics,* 6740 Campobello East L Street, Tacoma, Washington 00959. 787–620–9095. Road, Mississauga, ON. Canada L5N Clinical Reference Lab, 8433 Quivira 98421. 800–442–0438. 2L8. 905–817–5700. (Formerly: Toxicology & Drug Monitoring Road, Lenexa, KS 66215–2802. 800– Maxxam Analytics Inc., NOVAMANN 445–6917. Laboratory, University of Missouri (Ontario), Inc.) Hospital & Clinics, 301 Business Loop Doctors Laboratory, Inc., 2906 Julia MedTox Laboratories, Inc., 402 W. 70 West, Suite 208, Columbia, MO Drive, Valdosta, GA 31602. 229–671– County Road D, St. Paul, MN 55112. 65203. 573–882–1273. 2281. 651–636–7466/800–832–3244. DrugScan, Inc., P.O. Box 2969, 1119 MetroLab-Legacy Laboratory Services, Toxicology Testing Service, Inc., 5426 Mearns Road, Warminster, PA 18974. 1225 NE 2nd Ave., Portland, OR NW. 79th Ave., Miami, FL 33166. 215–674–9310. 97232. 503–413–5295/800–950–5295. 305–593–2260. DynaLIFE Dx,* 10150–102 St., Suite Minneapolis Veterans Affairs Medical US Army Forensic Toxicology Drug 200, Edmonton, Alberta, Canada T5J Center, Forensic Toxicology Testing Laboratory, 2490 Wilson St., 5E2. 780–451–3702/800–661–9876. Laboratory, 1 Veterans Drive, Fort George G. Meade, MD 20755– (Formerly: Dynacare Kasper Medical Minneapolis, MN 55417. 612–725– 5235. 301–677–7085. Laboratories). 2088. * The Standards Council of Canada ElSohly Laboratories, Inc., 5 Industrial National Toxicology Laboratories, Inc., (SCC) voted to end its Laboratory Park Drive, Oxford, MS 38655. 662– 1100 California Ave., Bakersfield, CA Accreditation Program for Substance 236–2609. 93304. 661–322–4250/800–350–3515. Abuse (LAPSA) effective May 12, 1998. Gamma-Dynacare Medical One Source Toxicology Laboratory, Inc., Laboratories certified through that Laboratories,* A Division of the 1213 Genoa-Red Bluff, Pasadena, TX program were accredited to conduct Gamma-Dynacare Laboratory 77504. 888–747–3774. (Formerly: forensic urine drug testing as required Partnership, 245 Pall Mall Street, University of Medical Branch, by U.S. Department of Transportation London, ONT, Canada N6A 1P4. 519– Clinical Chemistry Division; UTMB (DOT) regulations. As of that date, the 679–1630. Pathology-Toxicology Laboratory). certification of those accredited Kroll Laboratory Specialists, Inc., 1111 Pacific Toxicology Laboratories, 9348 Canadian laboratories will continue Newton St., Gretna, LA 70053. 504– DeSoto Ave., Chatsworth, CA 91311. under DOT authority. The responsibility

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for conducting quarterly performance Suite 4000, Rockville, MD 20852, (301) 402– Contact Person: Alan L. Willard, PhD, testing plus periodic on-site inspections 8655, [email protected]. Scientific Review Administrator, Scientific of those LAPSA-accredited laboratories Any interested person may file written Review Branch, NINDS/NIH/DHHS, comments with the committee by forwarding Neuroscience Center, 6001 Executive Blvd, was transferred to the U.S. HHS, with the statement to the Contact Person listed on Suite 3208, Msc 9529, Bethesda, MD 20892– the HHS NLCP contractor continuing to this notice. The statement should include the 9529, (301) 496–5390, have an active role in the performance name, address, telephone number and when [email protected]. testing and laboratory inspection applicable, the business or professional (Catalogue of Federal Domestic Assistance processes. Other Canadian laboratories affiliation of the interested person. Program Nos. 93.853, Clinical Research wishing to be considered for the NLCP Information is also available on the Related to Neurological Disorders; 93.854, may apply directly to the NLCP Institute’s/Center’s home page: http:// Biological Basis Research in the contractor just as U.S. laboratories do. www.oar.nih.gov, where an agenda and any Neurosciences, National Institutes of Health, additional information for the meeting will HHS) Upon finding a Canadian laboratory to be posted when available. be qualified, HHS will recommend that Dated: September 25, 2009. (Catalogue of Federal Domestic Assistance DOT certify the laboratory (Federal Program Nos. 93.14, Intramural Research Jennifer Spaeth, Register, July 16, 1996) as meeting the Training Award; 93.22, Clinical Research Director, Office of Federal Advisory minimum standards of the Mandatory Loan Repayment Program for Individuals Committee Policy. Guidelines published in the Federal from Disadvantaged Backgrounds; 93.232, [FR Doc. E9–23715 Filed 10–1–09; 8:45 am] Register on April 13, 2004 (69 FR Loan Repayment Program for Research BILLING CODE 4140–01–P 19644). After receiving DOT Generally; 93.39, Academic Research certification, the laboratory will be Enhancement Award; 93.936, NIH Acquired Immunodeficiency Syndrome Research Loan included in the monthly list of HHS- Repayment Program; 93.187, Undergraduate DEPARTMENT OF HEALTH AND certified laboratories and participate in Scholarship Program for Individuals from HUMAN SERVICES the NLCP certification maintenance Disadvantaged Backgrounds, National program. Institutes of Health, HHS) National Institutes of Health Elaine Parry, Dated: September 25, 2009. Center for Scientific Review; Notice of Director, Office of Program Services, Jennifer Spaeth, Closed Meetings SAMHSA. Director, Office of Federal Advisory Pursuant to section 10(d) of the [FR Doc. E9–23675 Filed 10–1–09; 8:45 am] Committee Policy. [FR Doc. E9–23721 Filed 10–1–09; 8:45 am] Federal Advisory Committee Act, as BILLING CODE 4160–20–P amended (5 U.S.C. App.), notice is BILLING CODE 4140–01–M hereby given of the following meetings. The meetings will be closed to the DEPARTMENT OF HEALTH AND public in accordance with the HUMAN SERVICES DEPARTMENT OF HEALTH AND HUMAN SERVICES provisions set forth in sections National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institutes of Health as amended. The grant applications and Office of the Director, National the discussions could disclose Institutes of Health; Notice of Meeting National Institute of Neurological confidential trade secrets or commercial Disorders and Stroke; Notice of Closed property such as patentable material, Pursuant to section 10(a) of the Meeting and personal information concerning Federal Advisory Committee Act, as individuals associated with the grant Pursuant to section 10(d) of the amended (5 U.S.C. App.), notice is applications, the disclosure of which Federal Advisory Committee Act, as hereby given of a meeting of the Office would constitute a clearly unwarranted amended (5 U.S.C. App.), notice is of AIDS Research Advisory Council. invasion of personal privacy. The meeting will be open to the hereby given of the following meeting. The meeting will be closed to the Name of Committee: Center for Scientific public, with attendance limited to space Review Special Emphasis Panel; Cancer Drug available. Individuals who plan to public in accordance with the provisions set forth in sections Development and Therapeutics, SBIRISTTR. attend and need special assistance, such Date: November 2–3, 2009. as sign language interpretation or other 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 8 a.m. to 5 p.m. reasonable accommodations, should as amended. The grant applications and Agenda: To review and evaluate grant notify the Contact Person listed below the discussions could disclose applications., in advance of the meeting. confidential trade secrets or commercial Place: Hilton Washington/Rockville, 1750 property such as patentable material, Rockville Pike, Rockville, MD 20852. Name of Committee: Office of AIDS and personal information concerning Contact Person: Hungyi Shau, PhD, Research Advisory Council. individuals associated with the grant Scientific Review Officer, Center for Date: November 5, 2009. applications, the disclosure of which Scientific Review, National Institutes of Time: 8:30 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 6186, Agenda: The topic of the meeting will be would constitute a clearly unwarranted MSC 7804, Bethesda, MD 20892, 301–435– ‘‘Opportunities for Research Collaborations invasion of personal privacy. 1720, [email protected]. on HIV-Associated Comorbidities, Name of Committee: National Institute of Name of Committee: Center for Scientific Coinfections, and Complications.’’ An update Neurological Disorders and Stroke Special Review Special Emphasis Panel; also will be provided on the OARAC Emphasis Panel; Conference Grant Review Computational Modeling and Sciences for Working Groups for HIV Treatment and Panel. Biomedical and Clinical Applications. Prevention Guidelines. Date: November 11, 2009. Date: November 2, 2009. Place: National Institutes of Health, 5635 Time: 3 p.m. to 5 p.m. Time: 8 a.m. to 5 p.m. Fishers Lane, Suite 4000, Rockville, MD Agenda: To review and evaluate grant Agenda: To review and evaluate grant 20852. applications. applications., Contact Person: Christina Brackna, Place: National Institutes of Health, Place: The Allerton Hotel, 701 North Coordinator, Program Planning and Analysis, Neuroscience Center, 6001 Executive Michigan Avenue, Chicago, IL 60611. Office of AIDS Research, Office of the Boulevard, Rockville, MD 20852, (Virtual Contact Person: Guo Feng Xu, PhD, Director, NIH, 5635 Fishers Lane MSC 9310, Meeting). Scientific Review Officer, Center for

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Scientific Review, National Institutes of Place: The Ritz-Carlton, Washington, DC, Neurodevelopment, Synaptic Plasticity and, Health, 6701 Rockledge Drive, Room 5122, 1150 22nd Street, NW., Washington, DC Neurodegeneration. MSC 7854, Bethesda, MD 20892, 301–435– 20037. Date: November 5–6, 2009. 1032, [email protected]. Contact Person: Abdelouahab Aitouche, Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific PhD, Scientific Review Officer, Center for Agenda: To review and evaluate grant Review Special Emphasis Panel; Clinical Scientific Review, National Institutes of applications. Neurophysiology, Devices, Auditory Devices Health, 6701 Rockledge Drive, Room 4222, Place: The Westin St. Francis, 355 Powell and Neuroprosthesis Small Business. MSC 7812, Bethesda, MD 20892, 301–435– Street, San Francisco, CA 94102. Date: November 2–3, 2009. 2365, [email protected]. Contact Person: Vilen A. Movsesyan, PhD, Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific Scientific Review Officer, Center for Agenda: To review and evaluate grant Review Special Emphasis Panel; RFA–OD– Scientific Review, National Institutes of applications. 09–008 BRDG–SPAN and RFA–OD–09–009 Health, 6701 Rockledge Drive, Room 4040M, Place: Mayflower Park Hotel, 405 Olive Catalyst ARRA, Review Panel 15. MSC 7806, Bethesda, MD 20892, 301–402– Way, Seattle, WA 98101. Date: November 4, 2009. 7278, [email protected]. Contact Person: Keith Crutcher, PhD, Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific Scientific Review Officer, Center for Agenda: To review and evaluate grant Review Special Emphasis Panel; Scientific Review, National Institutes of applications. Fellowships: Brain Disorders and Related Health, 6701 Rockledge Drive, Room 5207, Place: Hyatt Regency Bethesda, One Neuroscience. MSC 7846, Bethesda, MD 20892, 301–435– Bethesda Metro Center, 7400 Wisconsin Date: November 5–6, 2009. 1278, [email protected] gov. Avenue, Bethesda, MD 20814. Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific Contact Person: Antonio Sastre, PhD, Agenda: To review and evaluate grant Review Special Emphasis Panel; Scientific Review Officer, Center for applications. Fellowships: Physiology and Pathobiology of Scientific Review, National Institutes of Place: Ritz Carlton Hotel, Washington DC, Cardiovascular and Respiratory Systems. Health, 6701 Rockledge Drive, Room 5215, 1150 22nd Street, NW., Washington, DC Date: November 3, 2009. MSC 7412, Bethesda, MD 20892, 301–435– 20037. Time: 8 a.m. to 5 p.m. 2592, [email protected]. Contact Person: Yvonne Bennett, PhD, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review Officer, Center for applications. Review Special Emphasis Panel; DNDA Scientific Review, National Institutes of Place: The Ritz-Carlton, Washington, DC, Diversity Predoctoral Fellowships Review. Health, 6701 Rockledge Drive, Room 5199, 1150 22nd Street, NW., Washington, DC Date: November 4, 2009. MSC 7846, Bethesda, MD 20892, 301–435– 20037. Time: 8 a.m. to 6 p.m. 1121, [email protected]. Contact Person: Abdelouahab Aitouche, Agenda: To review and evaluate grant Name of Committee: Center for Scientific PhD, Scientific Review Officer, Center for applications. Review Special Emphasis Panel, Fellowship: Scientific Review, National Institutes of Place: The Ritz Carlton, Washington DC, Genes, Genomes, and Genetics. Health, 6701 Rockledge Drive, Room 4222, 1150 22nd Street, NW., Washington, DC Date: November 5, 2009. MSC 7812, Bethesda, MD 20892, 301–435– 20037. Time: 8 a.m. to 6 p.m. 2365, [email protected]. Contact Person: Paek-Gyu Lee, PhD, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review Officer, Center for applications. Review Special Emphasis Panel; High End X- Scientific Review, National Institutes of Place: Hotel Nikko San Francisco, 222 Ray. Health, 6701 Rockledge Drive, Room 4201, Mason Street, San Francisco, CA 94102. Date: November 3–6, 2009. MSC 7812, Bethesda, MD 20892, (301) 435– Contact Person: Michael A. Marino, PhD, Time: 8 a.m. to 5 p.m. 1277, [email protected]. Scientific Review Officer, Center for Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review, National Institutes of applications. Review Special Emphasis Panel; Small Health, 6701 Rockledge Drive, Room 2216, Place: National Institutes of Health, 6701 Business: Non-HIV Anti-Infective MSC 7890, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, Therapeutics. 0601, [email protected]. (Virtual Meeting). Date: November 4–5, 2009. Name of Committee: Center for Scientific Contact Person: Nitsa Rosenzweig, PhD, Time: 8:30 a.m. to 5 p.m. Review Special Emphasis Panel; F05 Scientific Review Officer, Center for Agenda: To review and evaluate grant Fellowship. Scientific Review, National Institutes of applications. Date: November 5–6, 2009. Health, 6701 Rockledge Drive, Room 1102, Place: Bolger Center, 9600 Newbridge Time: 8 a.m. to 5 p.m. MSC 7760, Bethesda, MD 20892, (301) 435– Drive, Potomac, MD 20854. Agenda: To review and evaluate grant 1747, [email protected]. Contact Person: Rossana Berti, PhD, applications. Name of Committee: Center for Scientific Scientific Review Officer, Center for Place: Hotel Nikko San Francisco, 222 Review Special Emphasis Panel; BMIT/ Scientific Review, National Institutes of Mason Street, San Francisco, CA 94102. CMIP/MEDI/Member Conflict Review. Health, 6701 Rockledge Drive, Room 3191, Contact Person: Alessandra M. Bini, PhD, Date: November 3, 2009. MSC 7846, Bethesda, MD 20892, 301–402– Scientific Review Officer, Center for Time: 8:30 a.m. to 2 p.m. 6411, [email protected]. Scientific Review, National Institutes of Agenda: To review and evaluate grant Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 5142, applications. Review Special Emphasis Panel; High End MSC 7840, Bethesda, MD 20892, 301–435– Place: The Allerton Hotel Chicago, 701 NMR Instrumentation. 1024, [email protected]. North Michigan Avenue, Chicago, IL 60611. Date: November 4–6, 2009. Name of Committee: Center for Scientific Contact Person: Weihua Luo, MD, PhD, Time: 10 a.m. to 1 p.m. Review Special Emphasis Panel; Healthcare Scientific Review Officer, Center for Agenda: To review and evaluate grant Delivery and Methodologies. Scientific Review, National Institutes of applications. Date: November 5–6, 2009. Health, 6701 Rockledge Drive, Room 5114, Place: National Institutes of Health, 6701 Time: 8:30 a.m. to 5 p.m. MSC 7854, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, Agenda: To review and evaluate grant 1170, [email protected]. (Virtual Meeting). applications. Name of Committee: Center for Scientific Contact Person: James W. Mack, PhD, Place: Hotel Monaco Alexandria, 480 King Review Special Emphasis Panel; Scientific Review Officer, Center for Street, Alexandria, VA 22314. Fellowships: Physiology and Pathobiology of Scientific Review, National Institutes of Contact Person: Karin F. Helmers, PhD, Musculoskeletal, Oral, and Skin Systems. Health, 6701 Rockledge Drive, Room 4154, Scientific Review Officer Center for Scientific Date: November 4, 2009. MSC 7806, Bethesda, MD 20892, (301) 435– Review, National Institutes of Health, 6701 Time: 8 a.m. to 4 p.m. 2037, [email protected]. Rockledge Drive, Room 3166, MSC 7770, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Bethesda, MD 20892, 301–435–1017, applications. Review Special Emphasis Panel; Fellowship: [email protected].

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Name of Committee: Center for Scientific 93.333, Clinical Research, 93.306, 93.333, This notice is being published less than 15 Review Special Emphasis Panel; Small 93.337, 93.393–93.396, 93.837–93.844, days prior to the meeting due to the timing Business: Devices and Detection Systems. 93.846–93.878, 93.892, 93.893, National limitations imposed by the review and Date: November 5–6, 2009. Institutes of Health, HHS) funding cycle. Time: 8:30 a.m. to 4 p.m. Dated: September 25, 2009. (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant Program Nos. 93306, Comparative Medicine; Jennifer Spaeth, applications. 93.333, Clinical Research, 93.306, 93.333, Place: Hyatt Arlington, 1325 Wilson Director, Office of Federal Advisory 93.337, 93.393–93.396, 93.837–93.844, Boulevard, Arlington, VA 22209. Committee Policy. 93.846–93.878, 93.892, 93893, National Contact Person: Marc Rigas, PhD, Scientific [FR Doc. E9–23722 Filed 10–1–09; 8:45 am] Institutes of Health, HHS) Review Officer, Center for Scientific Review, BILLING CODE 4140–01–M National Institutes of Health, 6701 Rockledge Dated: September 25, 2009. Drive, Room 5158, MSC 7849, Bethesda, MD Jennifer Spaeth, 20892, 301–402–1074, [email protected]. DEPARTMENT OF HEALTH AND Director, Office of Federal Advisory Name of Committee: Center for Scientific Committee Policy. Review Special Emphasis Panel; F07 HUMAN SERVICES [FR Doc. E9–23724 Filed 10–1–09; 8:45 am] Immunology Fellowship AREA. Date: November 5, 2009. National Institutes of Health BILLING CODE 4140–01–M Time: 8:30 a.m. to 5 p.m. Agenda: To review and evaluate grant Center for Scientific Review; Notice of applications. Closed Meetings DEPARTMENT OF HEALTH AND Place: Residence Inn, 735 Wisconsin HUMAN SERVICES Avenue, Bethesda, MD 20814. Pursuant to section 10(d) of the Contact Person: Betty Hayden, PhD, Federal Advisory Committee Act, as National Institutes of Health Scientific Review Officer, Center for amended (5 U.S.C. App.), notice is Scientific Review, National Institutes of hereby given of the following meetings. Office of the Director, National Health, 6701 Rockledge Drive, Room 4206, The meetings will be closed to the Institutes of Health; Notice of Meeting MSC 7812, Bethesda, MD 20892, 301–435– public in accordance with the 1223, [email protected]. provisions set forth in sections Pursuant to section 10(a) of the Name of Committee: Center for Scientific 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Federal Advisory Committee Act, as Review Special Emphasis Panel; Health as amended. The grant applications and amended (5 U.S.C. App.), notice is Literacy. the discussions could disclose hereby given of a meeting of the Date: November 5–6, 2009. confidential trade secrets or commercial Advisory Committee on Research on Time: 6 p.m. to 5 p.m. Women’s Health. Agenda: To review and evaluate grant property such as patentable material, applications. and personal information concerning The meeting will be open to the Place: Palomar Hotel, 2121 P Street, NW., individuals associated with the grant public, with attendance limited to space Washington, DC 20037. applications, the disclosure of which available. Individuals who plan to Contact Person: Karen Lechter, PhD, would constitute a clearly unwarranted attend and need special assistance, such Scientific Review Officer, Center for invasion of personal privacy. as sign language interpretation or other Scientific Review, National Institutes of reasonable accommodations, should Health, 6701 Rockledge Drive, Room 3128, Name of Committee: Center for Scientific notify the Contact Person listed below Review Special Emphasis Panel; MEDI MSC 7759, Bethesda, MD 20892, 301–496– in advance of the meeting. 0726, [email protected]. Overflow. Name of Committee: Center for Scientific Date: October 5, 2009. Name of Committee: Advisory Committee Review Special Emphasis Panel, Brain Time: 11 a.m. to 12 p.m. on Research on Women’s Health. Hormones and Puberty. Agenda: To review and evaluate grant Date: October 14, 2009. Date: November 6, 2009. applications. Time: 9 a.m. to 12 p.m. Time: 8 a.m. to 5:30 p.m. Place: Four Points by Sheraton Washington Agenda: To provide advice to the ORWH Agenda: To review and evaluate grant DC Downtown, 1201 K Street, NW., on appropriate research activities with applications. Washington, DC 20005. respect to women’s health and related studies Place: Hyatt Regency Bethesda, One Contact Person: Xiang-Ning Li, MD, PhD, to be undertaken by the national research Bethesda Metro Center, 7400 Wisconsin Scientific Review Officer, Center for institutes; to provide recommendations Avenue, Bethesda, MD 20814. Scientific Review, National Institutes of regarding ORWH activities; to meet the Contact Person: Syed M. Amir, PhD, Health, 6701 Rockledge Drive, Room 5217, mandates of the office; and for discussion of Scientific Review Officer, Center for MSC 7854, Bethesda, MD 20892, 301–435– scientific issues. Scientific Review, National Institutes of 1744, [email protected]. Place: Westin Michigan Avenue, 909 North Health, 6701 Rockledge Drive, Room 6172, This notice is being published less than 15 Michigan Avenue, Governor’s Room, MSC 7892, Bethesda, MD 20892, 301–435– days prior to the meeting due to the timing Chicago, IL 60611. 1043, [email protected]. limitations imposed by the review and Contact Person: Joyce Rudick, Director, Name of Committee: Center for Scientific funding cycle. Programs & Management, Office of Research on Women’s Health, Office of the Director, Review Special Emphasis Panel; Name of Committee: Center for Scientific National Institutes of Health, Building 1, Rehabilitation Sciences. Review Special Emphasis Panel; ARRA Room 201, Bethesda, MD 20892, 301/402– Date: November 6, 2009. Competitive Revisions in Genetics. 1770. Time: 8 a.m. to 5 p.m. Date: October 9, 2009. Agenda: To review and evaluate grant Time: 3 p.m. to 4 p.m. Information is also available on the applications. Agenda: To review and evaluate grant Institute’s/Center’s home page: http:// Place: Hilton Alexandria Old Town, 1767 applications. www4.od.nih.gov/orwh/, where an agenda King Street, Alexandria, VA 22314. Place: InterContinental Chicago Hotel, 505 and any additional information for the Contact Person: Jo Pelham, BA, Scientific North Michigan Avenue, Chicago, IL 60611. meeting will be posted when available. Review Officer, Center for Scientific Review, Contact Person: Cheryl M. Corsaro, PhD, (Catalogue of Federal Domestic Assistance National Institutes of Health, 6701 Rockledge Scientific Review Officer, Center for Program Nos. 93.14, Intramural Research Drive, Room 4102, MSC 7814, Bethesda, MD Scientific Review, National Institutes of Training Award; 93.22, Clinical Research 20892, (301) 435–1786, [email protected]. Health, 6701 Rockledge Drive, Room 2204, Loan Repayment Program for Individuals (Catalogue of Federal Domestic Assistance MSC 7890, Bethesda, MD 20892, (301) 435– from Disadvantaged Backgrounds; 93.232, Program Nos. 93.306, Comparative Medicine; 1045, [email protected]. Loan Repayment Program for Research

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Generally; 93.39, Academic Research DEPARTMENT OF HEALTH AND individuals associated with the grant Enhancement Award; 93.936, NIH Acquired HUMAN SERVICES applications, the disclosure of which Immunodeficiency Syndrome Research Loan would constitute a clearly unwarranted Repayment Program; 93.187, Undergraduate National Institutes of Health Scholarship Program for Individuals from invasion of personal privacy. Disadvantaged Backgrounds, National National Institute of Nursing Research; Name of Committee: National Institute of Institutes of Health, HHS) Notice of Closed Meeting Neurological Disorders and Stroke Initial Review Group, Neurological Sciences and Dated: September 28, 2009. Pursuant to section 10(d) of the Disorders B. Jennifer Spaeth, Federal Advisory Committee Act, as Date: October 29–30, 2009. Director, Office of Federal Advisory amended (5 U.S.C. App.), notice is Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant Committee Policy. hereby given of the following meeting. [FR Doc. E9–23788 Filed 10–1–09; 8:45 am] applications. The meeting will be closed to the Place: The Allerton Hotel Chicago, 601 BILLING CODE 4140–01–P public in accordance with the North Michigan Ave., Chicago, IL 60611. provisions set forth in sections Contact Person: Ernest W Lyons, PhD, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., DEPARTMENT OF HEALTH AND Scientific Review Officer, Scientific Review as amended. The grant applications and Branch, NINDS/NIH/DHHS, Neuroscience HUMAN SERVICES the discussions could disclose Center, 6001 Executive Blvd., Suite 3208, MSC 9529, Bethesda, MD 20892–9529, 301– National Institutes of Health confidential trade secrets or commercial property such as patentable material, 496–4056. National Institute of Nursing Research; and personal information concerning Name of Committee: National Institute of Notice of Closed Meeting individuals associated with the grant Neurological Disorders and Stroke Initial applications, the disclosure of which Review Group, Neurological Sciences and Pursuant to section 10(d) of the Disorders K. would constitute a clearly unwarranted Date: November 2–3, 2009. Federal Advisory Committee Act, as invasion of personal privacy. amended (5 U.S.C. App.), notice is Time: 8 a.m. to 1 p.m. hereby given of the following meeting. Name of Committee: National Institute of Agenda: To review and evaluate grant applications. The meeting will be closed to the Nursing Research Initial Review Group. Date: October 15–16, 2009. Place: Embassy Suites at the Chevy Chase public in accordance with the Time: 8 a.m. to 12 p.m. Pavilion, 4300 Military Road, NW., provisions set forth in sections Agenda: To review and evaluate grant Washington, DC 20015. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. Contact Person: Shanta Rajaram, PhD, as amended. The grant applications and Place: Bethesda Marriott, 5151 Pooks Hill Scientific Review Officer, Scientific Review the discussions could disclose Road, Bethesda, MD 20814. Branch, Division of Extramural Research, confidential trade secrets or commercial Contact Person: Weiqun Li, MD, Scientific Ninds/Nih/Dhhs/Neuroscience Center, 6001 property such as patentable material, Review Officer, National Institute of Nursing Executive Blvd., Suite 3208, MSC 9529, Research, National Institutes of Health, 6701 and personal information concerning Bethesda, MD 20852, (301) 435–6033, Democracy Blvd., Ste. 710, Bethesda, MD [email protected]. individuals associated with the grant 20892, (301) 594–5966, [email protected]. applications, the disclosure of which Name of Committee: National Institute of (Catalogue of Federal Domestic Assistance Neurological Disorders and Stroke Initial would constitute a clearly unwarranted Program Nos. 93.361, Nursing Research, Review Group, Neurological Sciences and invasion of personal privacy. National Institutes of Health, HHS) Disorders A. Name of Committee: National Institute of Dated: September 28, 2009. Date: November 4, 2009. Nursing Research Special Emphasis Panel; Jennifer Spaeth, Time: 8 a.m. to 6 p.m. NINR National Research Service Award. Agenda: To review and evaluate grant Date: October 16, 2009. Director, Office of Federal Advisory applications. Time: 1 p.m. to 6 p.m. Committee Policy. Place: Renaissance Mayflower Hotel, 1127 Agenda: To review and evaluate grant [FR Doc. E9–23786 Filed 10–1–09; 8:45 am] Connecticut Avenue, NW., Washington, DC applications. BILLING CODE 4140–01–P 20036. Place: Bethesda Marriott, 5151 Pooks Hill Contact Person: Richard D. Crosland, PhD, Road, Bethesda, MD 20814. Scientific Review Officer, Scientific Review Contact Person: Weiqun Li, MD, Scientific DEPARTMENT OF HEALTH AND Branch, Division of Extramural Research, Review Administrator, National Institute of HUMAN SERVICES NINDS/NIH/DHHS, Neuroscience Center, Nursing Research, National Institutes of 6001 Executive Blvd, Suite 3208, MSC 9529, Health, 6701 Democracy Blvd., Ste. 710, National Institutes of Health Bethesda, MD 20892–9529, 301–496–9223. Bethesda, MD 20892, (301) 594–5966, Name of Committee: Neurological Sciences [email protected]. National Institute of Neurological Training Initial Review Group, NST–2 Any interested person may file written Disorders and Stroke; Notice of Closed Subcommittee. comments with the committee by forwarding Meetings Date: November 16–17, 2009. the statement to the Contact Person listed on Time: 8 a.m. to 5 p.m. this notice. The statement should include the Pursuant to section 10(d) of the Agenda: To review and evaluate grant name, address, telephone number and when Federal Advisory Committee Act, as applications. applicable, the business or professional Place: The Fairmont Washington, DC, 2401 affiliation of the interested person. amended (5 U.S.C. App.), notice is hereby given of the following meetings. M Street, NW., Washington, DC 20037. (Catalogue of Federal Domestic Assistance Contact Person: Joann Mcconnell, PhD, Program Nos. 93.361, Nursing Research, The meetings will be closed to the public in accordance with the Scientific Review Officer, Scientific Review National Institutes of Health, HHS) Branch, NINDS/NIH/DHHS, Neuroscience provisions set forth in sections Dated: September 28, 2009. Center, 6001 Executive Blvd., Suite 3208, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., MSC 9529, Bethesda, MD 20892, (301) 496– Jennifer Spaeth, as amended. The grant applications and 5324, [email protected]. Director, Office of Federal Advisory the discussions could disclose (Catalogue of Federal Domestic Assistance Committee Policy. confidential trade secrets or commercial Program Nos. 93.853, Clinical Research [FR Doc. E9–23787 Filed 10–1–09; 8:45 am] property such as patentable material, Related to Neurological Disorders; 93.854, BILLING CODE 4140–01–P and personal information concerning Biological Basis Research in the

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Neurosciences, National Institutes of Health, Triangle Park, NC 27709. Public Public input at this meeting is also HHS) comments and any other invited and time is set aside for the Dated: September 28, 2009. correspondence should be submitted to presentation of oral comments on the Jennifer Spaeth, Dr. Barbara Shane, Executive Secretary draft reports. Each organization is Director, Office of Federal Advisory for the NTP BSC (NTP Office of Liaison, allowed one time slot per draft report. Committee Policy. Policy and Review, NIEHS, P.O. Box At least 7 minutes will be allotted to [FR Doc. E9–23785 Filed 10–1–09; 8:45 am] 12233, MD K2–03, Research Triangle each speaker, and if time permits, may BILLING CODE 4140–01–P Park, NC 27709; courier address: Room be extended to 10 minutes at the 2138, 530 Davis Drive, Morrisville, NC discretion of the chair. Persons wishing 27560; telephone: 919–541–4253, fax: to make an oral presentation are asked DEPARTMENT OF HEALTH AND 919–541–0295; or e-mail: to notify Dr. Barbara Shane via online HUMAN SERVICES [email protected]). registration at http://ntp.niehs.nih.gov/ SUPPLEMENTARY INFORMATION: National Institutes of Health go/15833, phone, or e-mail (see Background ADDRESSES above) by November 12, National Toxicology Program (NTP); 2009, and if possible, to send a copy of Office of Liaison, Policy and Review; The primary agenda topic is the peer the statement or talking points at that Meeting of the NTP Board of Scientific review of the findings and conclusions time. Written statements can Counselors Technical Reports Review of six draft NTP Technical Reports of supplement and may expand the oral Subcommittee rodent toxicology and carcinogenicity presentation. Registration for oral studies (see ‘‘PRELIMINARY AGENDA’’ comments will also be available at the AGENCY: National Institute of below). Environmental Health Sciences meeting, although time allowed for (NIEHS), National Institutes of Health Attendance and Registration presentation by on-site registrants may (NIH). The meeting is scheduled for be less than that for pre-registered ACTION: Meeting announcement and November 19, 2009, from 8:30 a.m. to speakers and will be determined by the request for comments. adjournment and is open to the public number of persons who register on-site. with attendance limited only by the Background Information on the NTP SUMMARY: Pursuant to Public Law 92– space available. Individuals who plan to Board of Scientific Counselors 463, notice is hereby given of a meeting attend are encouraged to register online of the NTP Board of Scientific at the NTP Web site (http:// The BSC is a technical advisory body Counselors (BSC) Technical Reports ntp.niehs.nih.gov/go/15833) by comprised of scientists from the public Review Subcommittee (TRR November 12, 2009, to facilitate access and private sectors who provide Subcommittee). The primary agenda to the NIEHS campus. A photo ID is primary scientific oversight to the NTP. topic is the peer review of the findings required to access the NIEHS campus. Specifically, the BSC advises the NTP and conclusions presented in six draft The NTP is making plans to videocast on matters of scientific program content, NTP Technical Reports of rodent the meeting through the Internet at toxicology and carcinogenicity studies both present and future, and conducts http://www.niehs.nih.gov/news/video/ periodic review of the program for the in conventional rats and mice. The TRR live. Subcommittee meeting is open to the purposes of determining and advising public with time scheduled for oral Availability of Meeting Materials on the scientific merit of its activities and their overall scientific quality. The public comment. The NTP also invites A copy of the preliminary agenda, TRR Subcommittee is a standing written comments on the draft reports committee roster, and any additional subcommittee of the BSC. BSC members (see ‘‘Request for Comments’’ below). information, when available, will be The TRR Subcommittee deliberations on posted on the NTP Web site (http:// are selected from recognized authorities the draft reports will be reported to the ntp.niehs.nih.gov/go/15833) or may be knowledgeable in fields such as NTP BSC at a future meeting. requested in hardcopy from the toxicology, pharmacology, pathology, DATES: The TRR Subcommittee meeting Executive Secretary (see ADDRESSES biochemistry, epidemiology, risk will be held on November 19, 2009. All above). The draft reports should be assessment, carcinogenesis, individuals who plan to attend are posted on the NTP Web site by October mutagenesis, molecular biology, encouraged to register online by 13, 2009. Following the meeting, behavioral toxicology and November 12, 2009, at the NTP Web site summary minutes will be prepared and neurotoxicology, immunotoxicology, (http://ntp.niehs.nih.gov/go/15833). The made available on the NTP Web site. reproductive toxicology or teratology, draft reports should be posted by COB and biostatistics. Its members are Request for Comments October 13, 2009. Written comments on invited to serve overlapping terms of up the draft reports should be received by The NTP invites written comments on to four years. BSC and TRR November 5, 2009. Persons needing the draft reports, which should be Subcommittee meetings are held interpreting services in order to attend received by November 5, 2009, to enable annually or biannually. should contact 301–402–8180 (voice) or review by the TRR Subcommittee and Dated: September 23, 2009. 301–435–1908 (TTY). For other NTP staff prior to the meeting. Persons accommodations while on the NIEHS submitting written comments should John R. Bucher, campus, contact 919–541–2475 or e- include their name, affiliation, mailing Associate Director, National Toxicology mail [email protected]. Requests address, phone, e-mail, and sponsoring Program. should be made at least 7 days in organization (if any) with the document. Preliminary Agenda advance of the event. Written comments received in response ADDRESSES: The TRR Subcommittee to this notice will be posted on the NTP NTP Board of Scientific Counselors meeting will be held in the Rodbell Web site, and the submitter will be Technical Reports Review Auditorium, Rall Building at the NIEHS, identified by name, affiliation, and/or Subcommittee Meeting 111 T. W. Alexander Drive, Research sponsoring organization.

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November 19, 2009 DEPARTMENT OF HEALTH AND the discussions could disclose confidential trade secrets or commercial National Institute of Environmental HUMAN SERVICES property such as patentable material, Health Sciences Food and Drug Administration and personal information concerning Rodbell Auditorium, Rall Building [Docket No. FDA–2009–N–0664] individuals associated with the grant applications, the disclosure of which 111 T.W. Alexander Drive, Research Oncologic Drugs Advisory Committee; would constitute a clearly unwarranted Triangle Park, NC Cancellation invasion of personal privacy. Technical Reports (TR) Scheduled for AGENCY: Name of Committee: Center for Scientific Review Food and Drug Administration, HHS. Review Special Emphasis Panel, Special • Conflict. TR 564 1–Bromopropane (CASRN ACTION: Notice. Date: October 15, 2009. 106–94–5) Time: 1 p.m. to 2 p.m. SUMMARY: The meeting of the Oncologic Æ Previously used as an intermediate Agenda: To review and evaluate grant Drugs Advisory Committee scheduled applications. in the production of pesticides, for October 6, 2009, is cancelled. This Place: Melrose Hotel, 2430 Pennsylvania quaternary ammonium compounds, meeting was announced in the Federal Avenue, NW., Washington, DC 20037. flavors, and fragrances. Introduced Register of August 25, 2009 (74 FR Contact Person: Russell T. Dowell, PhD, as a less toxic replacement for 42907). The October 6, 2009, Oncologic Scientific Review Officer, Center for methylene chloride in emissive Drugs Advisory Committee meeting was Scientific Review, National Institutes of applications such as vapor and to discuss ApoPharma, Inc.’s new drug Health, 6701 Rockledge Drive, Room 4128, MSC 7814, Bethesda, MD 20892. (301) 435– immersion degreasing operations application (NDA) 021–825 for 1850. [email protected]. and critical cleaning of electronics proposed trade name FERRIPROX This notice is being published less than 15 and metals. Used as a relatively (deferiprone) film-coated tablets. This days prior to the meeting due to the timing nonflammable, nontoxic, fast- meeting has been cancelled to allow limitations imposed by the review and drying, and inexpensive solvent for time for FDA to review and resolve funding cycle. adhesive resins, and as a several outstanding issues. The agency Name of Committee: Center for Scientific replacement for ozone-depleting intends to continue evaluating NDA Review Special Emphasis Panel, 021–825 and, as needed, may schedule Psychopathology and Adult Disorders. refrigerants. Date: October 29, 2009. • an advisory committee meeting in the TR 565 Milk Thistle Extract (CASRN future. Time: 8 a.m. to 3 p.m. 84604–20–6) Agenda: To review and evaluate grant FOR FURTHER INFORMATION CONTACT: Æ applications. Milk thistle extracts are used as Nicole Vesely, Center for Drug Place: Parc 55 Hotel, 55 Cyril Magnin herbal medicines to treat a variety Evaluation and Research (HFD–21), Street, Market at Fifth, San Francisco, CA of diseases (e.g., liver disease) and Food and Drug Administration, 5600 94102. as a food additive. Fishers Lane (for express delivery, 5630 Contact Person: Biao Tian, PhD, Scientific • Fishers Lane, rm. 1093), Rockville, MD Review Officer, Center for Scientific Review, TR 566 Diethylamine (CASRN 109– National Institutes of Health, 6701 Rockledge 89–7) 20857, 301–827–6793, FAX: 301–827– Drive, Room 3089B, MSC 7848, Bethesda, 6776, e-mail: [email protected], Æ Used mainly as a chemical MD 20892. (301) 402–4411. or FDA Advisory Committee intermediate to produce the [email protected]. Information Line, 1–800–741–8138 corrosion inhibitor, N,N- Name of Committee: Center for Scientific (301–443–0572 in the Washington, DC diethylethanolamine, and to lesser Review Special Emphasis Panel, area), code 3014512542. Please call the Technological Innovations for extent to produce pesticides, insect Information Line for up-to-date Interdisciplinary Research. repellants, pharmaceuticals, and information on this meeting. Date: October 29, 2009. rubber processing chemicals. Time: 3 p.m. to 6 p.m. Dated: September 28, 2009. • Agenda: To review and evaluate grant TR 567 Ginseng (CASRN 50647–08–0) David Horowitz, Æ applications. Ginseng is a perennial aromatic Assistant Commissioner for Policy. Place: Parc 55 Hotel, 55 Cyril Magnin herb widely used in herbal [FR Doc. E9–23764 Filed 10–1–09; 8:45 am] Street, Market at Fifth, San Francisco, CA remedies for enhancing stamina and BILLING CODE 4160–01–S 94102. endurance for mental and physical Contact Person: Biao Tian, PhD, Scientific performance. Review Officer, Center for Scientific Review, DEPARTMENT OF HEALTH AND National Institutes of Health, 6701 Rockledge • TR 563 Pulegone (CASRN 89–82–7) Drive, Room 3089B, MSC 7848, Bethesda, HUMAN SERVICES Æ Several essential oils that contain MD 20892. (301) 402–4411. [email protected]. pulegone are used for flavoring National Institutes of Health foods, drinks, and dental products, Name of Committee: Center for Scientific as fragrance agents, and in herbal Center for Scientific Review; Notice of Review Special Emphasis Panel, Science Closed Meetings Education, Communication and Childhood medicines. Disorders. • TR 536 Bis(2-chloroethoxy) methane Pursuant to section 10(d) of the Date: October 30, 2009. (CASRN 111–91–1) Federal Advisory Committee Act, as Time: 8 a.m. to 6 p.m. Æ amended (5 U.S.C. App.), notice is Agenda: To review and evaluate grant Used as a solvent and as the applications. starting agent in the production of hereby given of the following meetings. Place: Parc 55 Hotel, 55 Cyril Magnin fungicides and polysulfide The meetings will be closed to the Street, Market at Fifth, San Francisco, CA polymers. public in accordance with the 94102. provisions set forth in sections Contact Person: Biao Tian, PhD, Scientific [FR Doc. E9–23781 Filed 10–1–09; 8:45 am] 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Review Officer, Center for Scientific Review, BILLING CODE 4140–01–P as amended. The grant applications and National Institutes of Health, 6701 Rockledge

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Drive, Room 3089B, MSC 7848, Bethesda, 921 (now Section 931) of the Public not review individual grants nor MD 20892. (301) 402–4411. Health Service Act, 42 U.S.C. 299c. In participate in award decisions. [email protected]. accordance with its statutory mandate, A roster of the Subcommittee (Catalogue of Federal Domestic Assistance the Council is to advise the Secretary of Program Nos. 93.306, Comparative Medicine; members will be available at http:// the Department of Health and Human www.AHRQ.gov. 93.333, Clinical Research, 93.306, 93.333, Services and the Director, Agency for 93.337, 93.393–93.396, 93.837–93.844, Healthcare Research and Quality A more specific proposed agenda will 93.846–93.878, 93.892, 93.893, National be available before the meeting at http:// Institutes of Health, HHS) (AHRQ), on matters related to actions of AHRQ to enhance the quality, and www.AHRQ.gov. Dated: September 25, 2009. improve the outcomes, of health care The final agenda, including the time Jennifer Spaeth, services; improve access to such for public comment during the meeting, Director, Office of Federal Advisory services through scientific research; and will be available on the AHRQ Web site Committee Policy. promote improvements in clinical at http://www.AHRQ.gov. Public [FR Doc. E9–23719 Filed 10–1–09; 8:45 am] practice and in the organization, comments may also be submitted in BILLING CODE 4140–01–M financing, and delivery of health care writing by e-mail, fax, mail, or hand services. delivery. E-mails are preferred. Please The Council is composed of members DEPARTMENT OF HEALTH AND submit comments to: of the public, appointed by the [email protected]. HUMAN SERVICES Secretary, and Federal ex-officio A comment submitted by e-mail should members. AHRQ’s National Advisory Agency for Healthcare Research and indicate that it is in response to Council on Healthcare Research and Quality ‘‘Medical Liability Reform Quality (NAC) will establish a Demonstrations Subcommittee.’’ The Meeting of the AHRQ National Subcommittee on Patient Safety and Medical Liability Reform deadline for written comments will be Advisory Council for Healthcare posted on the AHRQ Web site. Meeting Research and Quality Subcommittee Demonstrations. minutes will be available within 21 on Patient Safety and Medical Liability The Subcommittee will be created to business days after the meeting. Reform Demonstrations provide advice to the NAC for consideration and transmission to Dated: September 24, 2009. AGENCY: Agency for Healthcare Research AHRQ as AHRQ undertakes the Carolyn M. Clancy, and Quality (AHRQ), HHS. development of a new demonstration Director. ACTION: Notice of public meeting. initiative that will help States and [FR Doc. E9–23594 Filed 10–1–09; 8:45 am] health care systems to test models that SUMMARY: This notice announces a put patient safety first and work to BILLING CODE 4160–90–M meeting of the National Advisory reduce preventable injuries, foster better Council for Healthcare Research and communication between doctors and Quality Subcommittee on Patient Safety DEPARTMENT OF HEALTH AND their patients, ensure that patients are and Medical Liability Reform compensated in a fair and timely HUMAN SERVICES Demonstrations. manner for medical injuries, while Indian Health Service DATES: The meeting will be held in reducing the incidence of frivolous October; specific information will be lawsuits; and reduce liability premiums. Privacy Act of 1974; Report of an available on the AHRQ Web site at As directed by President Obama, the Altered System of Records; Medical http://www.AHRQ.gov. Secretary of the Department of Health Staff Credentials and Privileges ADDRESSES: To be determined; in and Human Services (HHS) will launch Records Washington, DC Metro area; specific a competitive three-pronged initiative information will be available at http:// that will include support for ACTION: www.AHRQ.gov. demonstration grants to States and Notice; correction. FOR FURTHER INFORMATION CONTACT: health systems, planning grants to States Christine Williams, Director for and health systems, and a rapid and SUMMARY: The Indian Health Service Strategic Partnerships, Agency for comprehensive review of current efforts, published a document in the Federal Healthcare Research and Quality, 540 targeting patient safety and medical Register (FR) on September 9, 2009. The Gaither Road, Rockville, Maryland liability. Prior to finalizing the Funding document contained three errors. 20850, (301) 427–1850. Opportunity Announcement for this FOR FURTHER INFORMATION CONTACT: Ms. For press-related information, please new initiative, the chairman of AHRQ’s Betty Gould, Regulations Officer, 801 contact: Karen Migdail at (301) 427– National Advisory Council will convene Thompson Avenue, TMP, Suite 450, 1855. a subcommittee with diverse Rockville, MD 20852, Telephone (301) If sign language interpretation or representation from expert and 443–7899. (This is not a toll-free other reasonable accommodation for a stakeholder groups to provide advice for number.) disability is needed, please contact: Mr. this initiative. The date, time, location Michael Chew, Director, Office of Equal and agenda for the subcommittee Correction Employment Opportunity Program, meeting, which will be open to the Program Support Center, (301) 443– public, will be available on the AHRQ In the Federal Register of September 1144 (no later than October 15, 2009). Web site no later than two weeks in 9, 2009 in FR Doc. E9–21422, on page SUPPLEMENTARY INFORMATION: advance of such meeting. Members of 46437, in the third column, tenth line, the public will have the opportunity to change IRS to IHS; on page 46438, in the I. Purpose submit comments to the subcommittee first column, second line, change HH to The National Advisory Council for in person or in writing, and can HHS; and on page 46439, in the first Healthcare Research and Quality was participate in the meeting in person or column, 25th line Records Source established in accordance with Section via Web casting. The subcommittee will Categories, change IRS to IHS.

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Dated: September 29, 2009. information technology; and (e) the review, as required by the Paperwork Yvette Roubideaux, annual costs burden to respondents or Reduction Act. The Department is Director, Indian Health Service. record keepers from the collection of soliciting public comments on the [FR Doc. E9–23837 Filed 10–1–09; 8:45 am] information (a total capital/startup costs subject proposal. BILLING CODE 4165–16–P and operations and maintenance costs). DATES: Comments Due Date: December The comments that are submitted will 1, 2009. be summarized and included in the CBP ADDRESSES: Interested persons are DEPARTMENT OF HOMELAND request for Office of Management and invited to submit comments regarding SECURITY Budget (OMB) approval. All comments this proposal. Comments should refer to will become a matter of public record. the proposal by name and/or OMB U.S. Customs and Border Protection In this document CBP is soliciting Control number and sent to: Lillian L. comments concerning the following Deitzer, Departmental Reports Agency Information Collection information collection: Management Officer, QDAM, Activities: Guarantee of Payment Title: Guarantee of Payment. Department of Housing and Urban OMB Number: 1651–00127. AGENCY: U.S. Customs and Border Development, 451 7th Street, SW., Form Number: Form I–510. Room 4178, Washington, DC 20410– Protection (CBP), Department of Abstract: The Form I–510 is executed Homeland Security. 5000; telephone 202.402.8048 (this is upon the arrival of an alien crewman not a toll-free number) or e-mail Ms. ACTION: 60-Day Notice and request for within the purview of section 253 of the Deitzer at [email protected] for comments; Revision of an existing Immigration and Nationality Act. The a copy of the proposed forms or other collection of information: 1651–0127. information is used by CBP to help available information. ensure that expenses of caring for an SUMMARY: As part of its continuing effort FOR FURTHER INFORMATION CONTACT: alien crewman are reimbursed by the to reduce paperwork and respondent Dacia Rogers, Office of Policy, Programs carrier. and Legislative Initiatives, PIH, burden, CBP invites the general public Current Actions: CBP is proposing to Department of Housing and Urban and other Federal agencies to comment extend this collection of information Development, 451 7th Street, SW., on an information collection with no change to the burden hours. Room 4116, Washington, DC 20410; requirement concerning the Guarantee Type of Review: Extension (without telephone 202 402–3374, for copies of of Payment (Form I–510). This request change). other available documents (this is not a for comment is being made pursuant to Affected Public: Businesses. the Paperwork Reduction Act of 1995 Estimated Number of Respondents: toll-free number). (Pub. L. 104–13; 44 U.S.C. 3505(c)(2)). 100. SUPPLEMENTARY INFORMATION: The DATES: Written comments should be Estimated Number of Annual Department will submit the proposed received on or before December 1, 2009, Responses per Respondent: 1. information collection to the Office of to be assured of consideration. Estimated Total Annual Responses: Management and Budget (OMB) for ADDRESSES: Direct all written comments 100. review, as required by the Paperwork to U.S. Customs and Border Protection, Estimated Time per Response: 5 Reduction Act of 1995 (44 U.S.C. Attn: Tracey Denning, Office of minutes. Chapter 35, as amended). Regulations and Rulings, 799 9th Street, Estimated Total Annual Burden This Notice is soliciting comments NW., 7th Floor, Washington, DC 20229– Hours: 8. from members of the public and affected 1177. agencies concerning the proposed Dated: September 29, 2009. collection of information to: (1) Evaluate FOR FURTHER INFORMATION CONTACT: Tracey Denning, whether the proposed collection of Requests for additional information Agency Clearance Officer, Customs and information is necessary for the proper should be directed to Tracey Denning, Border Protection. performance of the functions of the U.S. Customs and Border Protection, [FR Doc. E9–23827 Filed 10–1–09; 8:45 am] agency, including whether the Office of Regulations and Rulings, 799 BILLING CODE 9111–14–P information will have practical utility; 9th Street, NW., 7th Floor, Washington, (2) evaluate the accuracy of the agency’s DC 20229–1177, at 202–325–0265. estimate of the burden of the proposed SUPPLEMENTARY INFORMATION: CBP DEPARTMENT OF HOUSING AND collection of information; (3) enhance invites the general public and other URBAN DEVELOPMENT the quality, utility, and clarity of the Federal agencies to comment on [Docket No. FR–5288–N–12] information to be collected; and (4) proposed and/or continuing information minimize the burden of the collection of collections pursuant to the Paperwork Notice of Proposed Information information on those who are to Reduction Act of 1995 (Pub. L. 104–13; Collection for Public Comment respond, including through the use of 44 U.S.C. 3505(c)(2)). The comments Enterprise Income Verification (EIV) appropriate automated collection should address: (a) Whether the System—Debts Owed to Public techniques or other forms of information collection of information is necessary Housing Agencies & Terminations technology; e.g., permitting electronic for the proper performance of the submission of responses. functions of the agency, including AGENCY: Office of the Assistance This notice also lists the following whether the information shall have Secretary for Public and Indian information: practical utility; (b) the accuracy of the Housing, HUD. Title of Proposal: Debts Owed to agency’s estimates of the burden of the ACTION: Notice of proposed information PHAs & Terminations. collection of information; (c) ways to collection. OMB Control Number: 2577–XXXX enhance the quality, utility, and clarity (Pending). of the information to be collected; (d) SUMMARY: The proposed information Description of the Need for the ways to minimize the burden including collection requirement described below Information and Proposed Use: In the use of automated collection will be submitted to the Office of accordance with new regulatory techniques or the use of other forms of Management and Budget (OMB) for requirements at 24 CFR 5.233,

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published in the Federal Register on requirements. If this information is not Homeless v. Veterans Administration, January 27, 2009 at 74 FR 4832, collected, the Department is at risk of No. 88–2503–OG (D.D.C.), HUD processing entities that administer the paying limited Federal dollars on behalf publishes a Notice, on a weekly basis, Public Housing, Section 8 Housing of families who may not be eligible to identifying unutilized, underutilized, Choice Voucher, Moderate receive rental housing assistance. excess and surplus Federal buildings Rehabilitation programs are required to Furthermore, if this information is not and real property that HUD has use HUD’s Enterprise Income collected, the public will perceive that reviewed for suitability for use to assist Verification (EIV) system to verify there are no consequences for a family’s the homeless. Today’s Notice is for the employment and income information of failure to comply with HUD program purpose of announcing that no program participants and to reduce requirements. additional properties have been administrative and subsidy payment Agency Form Numbers: N/A. determined suitable or unsuitable this errors. The EIV system is a system of Members of Affected Public: State or week. Local Government; Public Housing records owned by HUD, as published in Dated: September 24, 2009. the Federal Register on July 20, 2005 at Agencies (PHAs), Individuals or 70 FR 41780 and updated on August 8, Households. Mark R. Johnston, 2006 at 71 FR 45066. Estimation of the Total number of Deputy Assistant Secretary for Special Needs. The Department seeks to identify hours needed to prepare the information [FR Doc. E9–23480 Filed 10–1–09; 8:45 am] families who no longer participate in a collection including number of BILLING CODE 4210–67–P HUD rental assistance program due to respondents, frequency of response, and adverse termination of tenancy and/or hours of response: 4,094 respondents; assistance, and owe a debt to a Public 356,270 average number of families DEPARTMENT OF HOUSING AND Housing Agency (PHA). In accordance annually, requiring monthly average of URBAN DEVELOPMENT with 24 CFR 982.552 and 960.203, the 29,689 responses; 0.08333 hours per PHA may deny admission to a program response; 29,689.17 total burden hours. [Docket No. FR–5300–FA–28] if the family is not suitable for tenancy Status of the Proposed Information for such reasons (but not limited to): Collection: New Request. Pending Announcement of Funding Awards for unacceptable past performance in Authorization. Fiscal Year 2009; Hispanic-Serving meeting financial obligations, history of Institutions Assisting Communities Authority: The Paperwork Reduction Act Program criminal activity, eviction from of 1995, 44 U.S.C. Chapter 35, as amended. Federally assisted housing in the last Dated: September 24, 2009. AGENCY: Office of the Assistant five years, family has committed fraud, Bessy Kong, Secretary for Policy Development and bribery, or any other corrupt or criminal Research, HUD. act in connection with a Federal Deputy Assistant Secretary for Policy, ACTION: housing program, or if a family Programs, and Legislative Initiatives. Announcement of funding currently owes rent or other amounts to [FR Doc. E9–23846 Filed 10–1–09; 8:45 am] awards. BILLING CODE 4210–67–P the PHA or to another PHA in SUMMARY: In accordance with Section connection with a Federally assisted 102(a)(4)(C) of the Department of housing program under the U.S. Housing and Urban Development (HUD) Housing Act of 1937. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Reform Act of 1989, this document Within the scope of this new notifies the public of funding awards for collection of information, HUD seeks to [Docket No. FR–5280–N–38] Fiscal Year 2009 Hispanic-Serving collect from all PHAs, the following Institutions Assisting Communities Federal Property Suitable as Facilities information: (HSIAC) Program. The purpose of this 1. Amount of debt owed by a former To Assist the Homeless document is to announce the names, tenant to a PHA; 2. If applicable, indication of executed AGENCY: Office of the Assistant addresses and the amount awarded to repayment agreement; Secretary for Community Planning and the winners to be used to help Hispanic- 3. If applicable, indication of Development, HUD. Serving Institutions of Higher Education bankruptcy filing; ACTION: Notice. to expand their role and effectiveness in 4. If applicable, the reason for any addressing community development SUMMARY: adverse termination of the family from This Notice identifies needs in their localities, including a Federally assisted housing program. unutilized, underutilized, excess, and neighborhood revitalization, housing This information will be collected surplus Federal property reviewed by and economic development, principally electronically from PHAs via HUD’s EIV HUD for suitability for possible use to for persons of low- and moderate- system. This information will be used assist the homeless. income consistent with the purposes of by HUD to create a national repository DATES: Effective Date: October 2, 2009. Title I of the Housing and Community of families that owe a debt to a PHA FOR FURTHER INFORMATION CONTACT: Development Act of 1974 as amended. and/or have been terminated from a Kathy Ezzell, Department of Housing FOR FURTHER INFORMATION CONTACT: Federally assisted housing program. and Urban Development, 451 Seventh Susan Brunson, Office of University This national repository will be Street, SW., Room 7262, Washington, Partnerships, U.S. Department of available within the EIV system for all DC 20410; telephone (202) 708–1234; Housing and Urban Development, Room PHAs to access during the time of TTY number for the hearing- and 8226, 451 Seventh Street, SW., application for rental assistance. PHAs speech-impaired (202) 708–2565, (these Washington, DC 20410, Telephone (202) will be able to access this information telephone numbers are not toll-free), or 402–3852. To provide service for to determine a family’s suitability for call the toll-free Title V information line persons who are hearing-or-speech- rental assistance, and avoid providing at 800–927–7588. impaired, this number may be reached limited Federal housing assistance to SUPPLEMENTARY INFORMATION: In via TTY by dialing the Federal families who have previously been accordance with the December 12, 1988 Information Relay Service on (800) 877– unable to comply with HUD program court order in National Coalition for the 8339 or (202) 708–1455. (Telephone

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numbers, other than ‘‘800’’ TTY Gurabo, PR 00778–3030. Grant: ACTION: Announcement of funding numbers, are not toll free.) $528,136. awards. SUPPLEMENTARY INFORMATION: The Region V SUMMARY: In accordance with section Hispanic-Serving Institutions Assisting 3. Elgin Community College, Susan 102(a)(4)(C) of the Department of Communities Program was approved by VanWeelden, Elgin Community Housing and Urban Development (HUD) Congress under the Appropriations Act, College, 1700 Spartan Drive, Elgin, Reform Act of 1989, this document 2009 (Pub. L. 111–8, approved March IL 60123. Grant: $600,000. notifies the public of funding awards for 11, 2009) and is administered by the Fiscal Year (FY) 2009 Historically Black Office of University Partnerships under Region VI Colleges and Universities Program. The the Assistant Secretary for Policy 4. Regents of NMSU–Dona Ana purpose of this document is to Development and Research. In addition Community College, John Walker, announce the names, addresses and the to this program, the Office of University Regents of NMSU–Dona Ana amount awarded to the winners to be Partnerships administers HUD’s ongoing Community College, 3400 S. used to help Historically Black Colleges grant programs to institutions of higher Espina, PO Box 30001, MSC 3DA, and Universities (HBCUs) expand their education as well as creates initiatives Las Cruces, NM 88003–0001. Grant: role and effectiveness in addressing through which colleges and universities $600,000. community development needs in their can bring their traditional missions of 5. El Paso County Community College localities, consistent with the purposes teaching, research, service, and outreach District, Alfred Lawrence, El Paso of Title I of the Housing and to bear on the pressing local problems County Community College District, Development Act of 1974, as amended. in their communities. PO Box 20500, El Paso, TX 79998. FOR FURTHER INFORMATION CONTACT: The HSIAC program provides funds Grant: $600,000. Susan Brunson, Office of University for a wide range of CDBG-eligible Partnerships, U.S. Department of Region VIII activities including housing Housing and Urban Development, Room rehabilitation and financing, property 6. Adams State College, Mary Hoffman, 8226, 451 Seventh Street, SW., demolition or acquisition, public Adam State College, 208 Edgemont Washington, DC 20410, telephone (202) facilities, economic development, Street, Alamosa, CO 81102. Grant: 402–3852. To provide service for business entrepreneurship, and fair $599,935. persons who are hearing- or speech- housing programs. Region IX impaired, this number may be reached The Catalog of Federal Domestic via TTY by dialing the Federal Assistance number for this program is 7. University Corporation at Monterey Information Relay Service on 800–877– 14.514. Bay, Seth Pollack, University 8339 or 202–708–1455. (Telephone On July 8, 2009, a Notice of Funding Corporation at Monterey Bay, 100 number, other than ‘‘800’’ TTY numbers Availability (NOFA) for this program Campus Center, Alumni & Visitor are not toll free). was posted on Grant.gov (Attachment 1) Center, Seaside, CA 93955. Grant: SUPPLEMENTARY INFORMATION: The announcing the availability of $599,298. Historically Black Colleges and approximately $6 million for funding 8. Woodbury University, Peter Arnold, Universities Program was approved by grants under this program. The Woodbury University, 7500 the Appropriations Act, 2009 (Pub. L. maximum amount an applicant can be Glenoaks Boulevard, Burbank, CA 111–8, approved March 11, 2009) and is awarded is $600,000 for a three-year (36 91510–7846. Grant: $600,000. administered by the Office of University months) grant performance period. The Region X Partnerships under the Office of the Assistant Secretary for Policy Department reviewed, evaluated, and 9. Heritage University, Ricardo Valdez, scored the applications received based Development and Research. In addition Heritage University, 3240 Fort to this program, the Office of University on the criteria in the NOFA. As a result, Road, Toppenish, WA 98948. Grant: HUD has funded the applications below, Partnerships administers HUD’s ongoing $599,975. grant programs to institutions of higher in accordance with section 102(a)(4)(C) 10. Columbia Basin College, Brett education as well as creates initiatives of the Department of Housing and Urban Riley, Columbia Basin College, 2600 through which colleges and universities Development Reform Act of 1989 (103 N. 20th Avenue, Pasco, WA 99301. can bring their traditional missions of Stat. 1987, 42 U.S.C. 3545). More Grant: $600,000. information about the winners can be teaching, research, service, and outreach found at http://www.oup.org. Dated: September 4, 2009. to bear on the pressing local problems Raphael W. Bostic, in their communities. List of Awardees for Grant Assistance Assistant Secretary for Policy Development The HBCU Program provides funds Under the FY 2009 Hispanic-Serving and Research. for a wide range of CDBG-eligible Institutions Assisting Communities [FR Doc. E9–23843 Filed 10–1–09; 8:45 am] activities including housing Program Funding Competition, by BILLING CODE 4210–67–P rehabilitation, property demolition or Institution, Address and Grant Amount acquisition, public facilities, economic Region IV development, business DEPARTMENT OF HOUSING AND entrepreneurship, and fair housing 1. Conservatory of Music of Puerto URBAN DEVELOPMENT programs. Rico, Mara del Carmen, The Catalog of Federal Domestic Conservatory of Music of Puerto [Docket No. FR–5300–FA–30] Assistance number for this program is Rico, 951 Ave Ponce de Le Pda 15 Announcement of Funding Awards for 14.520. Miramar, San Juan, PR 00907–3373. Fiscal Year 2009; Historically Black On June 25, 2009, a Notice of Funding Grant: $599,398. Colleges and Universities Program Availability (NOFA) was posted on 2. SUAGM, Inc. dba Universidad del Grants.gov announcing the availability Turabo, Besty Vidal, SUAGM, Inc. AGENCY: Office of the Assistant of approximately $9 million for funding dba Universidad del Turabo, State Secretary for Policy Development and grants under this program. The Road #189, KM 3.3, PO Box 3033, Research, HUD. maximum amount an applicant could be

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awarded this year is $800,000 for a University at New Orleans, 6400 The final EA, Response to Comments, three-year (36 months) grant Press Drive, New Orleans, LA, and FONSI are on the Service’s Web site performance period. 70126. Grant: $703,604. at http://www.fws.gov/sacramento/es/ The Department reviewed, evaluated, 11. Southern University at Shreveport, hcp.htm. and scored the applications received Janice Sneed, Southern University SUPPLEMENTARY INFORMATION: On April based on the criteria in the NOFA. As at Shreveport, 3050 Martin Luther 15, 2008, we published a notice in the a result, HUD has funded the King Drive, Shreveport, LA, 71107. Federal Register (73 FR 20324) applications below, in accordance with Grant: $800,000. announcing the availability of an EA section 102(a)(4)(C) of the Department of Region VI and amended HCP, and our receipt of an Housing and Urban Development incidental take permit application from 12. Langston University, Linda Tillman, Reform Act of 1989 (103 Stat. 1987, 42 the City of Brisbane for an amendment Langston University, 4205 North U.S.C. 3545). More information about to the San Bruno Mountain Habitat Lincoln Blvd., Oklahoma City, OK, the winners can be found at http:// Conservation Plan, in San Mateo 73105. Grant: $800,000. www.oup.org. County, California. Pursuant to section List of Awardees for Grant Assistance Dated: September 4, 2009. 10(a)(1)(A) of the Act, the amended Under The FY 2009 Historically Black Raphael W. Bostic, permit authorizes the incidental take of Colleges and Universities Program Assistant Secretary for Policy Development the federally endangered callippe Funding Competition, by Institution, and Research. silverspot butterfly (Speyeria callippe Address, and Grant Amount [FR Doc. E9–23845 Filed 10–1–09; 8:45 am] callippe) and federally threatened Bay BILLING CODE 4210–67–P checkerspot butterfly (Euphydryas Region III editha bayensis) within the HCP’s 1. Howard University, Dr. Rodney D. 228.3-acre Northeast Ridge Green, Howard University, 2400 DEPARTMENT OF THE INTERIOR (Administrative Parcel 1–07) and Sixth Street, NW. Washington, DC protected habitat (Conserved Habitat) 20059. Grant: $463,960. Fish and Wildlife Service area under the terms of the amended HCP. Incidental take of the two Region IV [FWS–R8–ES–2009–N158; 1112–0000– 81420–F2] butterflies would be in connection with 2. Winston-Salem State University, Ms. development activities on the Northeast Valerie Howard, Winston-Salem Amendment to the Incidental Take Ridge and management and monitoring State University, 601 South Martin Permit for the San Bruno Mountain of Conserved Habitat currently held or Luther King, Jr. Drive, Winston- Habitat Conservation Plan in San that will be held in fee title by San Salem, NC 27110. Grant: $724,687. Mateo County, CA Mateo County or the State of California 3. Elizabeth City State University, and carried out under the San Bruno Morris Autry, Elizabeth City State AGENCY: Fish and Wildlife Service, Mountain HCP. Incidental take of the University, 1704 Weeksville Road, Interior. Bay checkerspot butterfly is not Elizabeth City, NC 27909. Grant: ACTION: Notice of finding of no expected to occur since the species has $800,000. significant impact (FONSI) and issuance not been observed on San Bruno 4. Hinds Community College-Utica of amended incidental take permit. Mountain since the mid 1980s. Campus, Bobby Pamplin, Hinds However, if the Bay checkerspot Community College-Utica Campus, SUMMARY: On May 20, 2009, we, the U.S. butterfly is reintroduced to San Bruno 34175 Hwy 18 West, Utica MS Fish and Wildlife Service, made a Mountain or naturally recolonizes the 39175. Grant: $713,529. FONSI determination for the action area, incidental take resulting from 5. Benedict College, Larry Salley, described in the final Environmental Benedict College, 1600 Harden monitoring and management of Assessment (EA) for the San Bruno Conserved Habitat will be covered Street, Columbia, SC, 29204–1086. Mountain Habitat Conservation Plan Grant: $800,000. under the amended incidental take (HCP) Amendment. As authorized by permit. 6. South Carolina State University, the Endangered Species Act, as Merylin Jackson, South Carolina The amended HCP reduces the size of amended (Act), we issued an amended the Northeast Ridge development area State University, 300 College Street, Incidental Take Permit to the Cities of Orangeburg, SC 29117. Grant: and increases the size of Conserved Brisbane, South San Francisco, and Daly Habitat. The amended HCP increases $800,000. City, and the County of San Mateo, 7. LeMoyne-Owen College, Jeffery undisturbed Conserved Habitat by 20.36 subject to certain conditions set forth in acres, and increases total Conserved Higgs, LeMoyne-Owen College, 802 the permit. Walker Avenue, Suite 5, Memphis, Habitat to 144.7 acres in the Northeast ADDRESSES: Eric Tattersall, Deputy TN 38126. Grant: $800,000. Ridge parcel. The reconfigured 8. Tennessee State University, Ginger Assistant Field Supervisor, Conserved Habitat area preserves high Hausser-Pepper, Tennessee State Conservation Planning and Recovery quality butterfly habitat including University, 3500 John A Merritt Division, or Mike Thomas, Conservation hilltops (used as mating sites), Blvd., Campus Box 9503, Nashville, Planning Branch, U.S. Fish and Wildlife topographic diversity, and a high TN 37209. Grant: $800,000. Service, Sacramento Fish and Wildlife density of callippe silverspot butterfly 9. University of the Virgin Islands, Office, 2800 Cottage Way, W–2605, larval host plants. The amendment Kathleen Davison, University of the Sacramento, CA 95825. eliminates the Unit II–Neighborhood I Virgin Islands, # 2 John Brewer’s FOR FURTHER INFORMATION CONTACT: subdivision (UII–NI) and increases the Bay, St Thomas, VI, 00802. Grant: Additional information on this permit size of the Unit II–Neighborhood II $794,220. may be requested by contacting Eric subdivision (UII–NII). The reconfigured Tattersall, Deputy Assistant Field UII–NII is within an area that has Region VI Supervisor, Conservation Planning and generally lower value habitat (i.e., lower 10. Southern University at New Orleans, Recovery Division, at the address shown density of larval host plants, fewer Cynthia Beaulieu, Southern above or at (916) 414–6600 (telephone). hilltops, and a 7.85-acre grove of

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eucalyptus trees) than would have been ADDRESSES: You may submit comments incorporates additional detailed disturbed by UII–NI. The increased by any of the following methods: analysis regarding the potential for development acreage in UII–NII would • Web site: http://www.blm.gov/or/ human and environmental risks specific occur in the eucalyptus grove and areas plans/vegtreatmentseis/ to Oregon and addresses the issues in previously proposed as revegetated • E-mail: [email protected]. the 1984 District Court decision and • areas. Mail: Vegetation Treatments EIS other information specific to Oregon. Notice is hereby given that on May 20, Team, P.O. Box 2965, Portland, OR The additional analysis is similar to that 2009, the Proposed Action (Alternative 97208–2965. presented in a similar EIS completed by 1) was selected and a FONSI Copies of the Vegetation Treatments the Forest Service in Oregon in 2005. determination was made for the action DEIS are available on the Internet at: The DEIS is programmatic, addressing as described in the final EA for the San http://www.blm.gov/or/plans/ all 15.7 million acres in Oregon and vegtreatmentseis/. Requests to receive Bruno Mountain HCP Amendment. As addressing all 18 herbicides approved printed or CD copies of the DEIS should authorized by the provisions of the Act for use by the 2007 Record of Decision be sent to one of the addresses listed (16 U.S.C. 1531 et seq.), we issued an for the PEIS and being used in the other above. amended permit (TE–215574–5) to the 16 western states. The DEIS analyzes Cities of Brisbane, South San Francisco, FOR FURTHER INFORMATION CONTACT: one ‘‘no action’’ alternative, one ‘‘no and Daly City, and the County of San Todd Thompson, EIS Project Manager, herbicide’’ alternative, and 3 action Mateo, subject to certain conditions set by mail at Bureau of Land alternatives which were shaped in part forth in the permit. The permit Management—OR932, P.O. Box 2965, by the comments received during 12 amendment was granted only after we Portland, OR 97208; by telephone at public scoping meetings held determined it was applied for in good (503) 808–6326; or by email to the EIS throughout Oregon in July 2008. No faith, that granting the permit Team at the address listed above. projects will be authorized; site-specific amendment would not be to the SUPPLEMENTARY INFORMATION: In 1984, projects will be subject to additional disadvantage of the listed species, and the BLM was prohibited from using National Environmental Policy Act that granting the permit amendment was herbicides in Oregon by a U.S. District analysis. consistent with the purposes and policy Court injunction issued in Northwest The analysis indicates that by using set forth in the Act. Coalition for Alternatives to Pesticides, et al. v. Block, et al. (Civ. No. 82–6273– BLM manual section and policy John Enbring, standard operating procedures, along Acting Deputy Regional Director, Pacific E). Following completion of an EIS examining the use of four herbicides with PEIS-adopted mitigation measures, Southwest Region, Sacramento, California. human and environmental risk from the [FR Doc. E9–23763 Filed 10–1–09; 8:45 am] just on noxious weeds, the injunction was modified by the court in November use of herbicides is both minimized and BILLING CODE 4310–55–P 1987 (Civ. No. 82–6272–BU). For the reduced from current levels. The subsequent 22 years, the BLM in Oregon proposed action would also slow the spread of noxious weeds on BLM lands DEPARTMENT OF THE INTERIOR has limited its herbicide use to the four herbicides analyzed and limited use of by about 50 percent and result in 2.2 Bureau of Land Management those four herbicides to the control and million fewer infested acres in 15 years eradication of Federal-, state-, or county- than under current program capabilities. [LLOR932000–L16100000–DF0000– listed noxious weeds. In that time, new Following the public comment LXSS062H0000; HAG 9–0209] herbicides have become available that period, the BLM will prepare a Final can be used in smaller doses, are more Environmental Impact Statement and Notice of Availability of Draft target-specific, and are less likely to Record of Decision. These are planned Environmental Impact Statement for adversely affect people and other non- for release in mid-summer 2010. Vegetation Treatments Using target organisms. These new herbicides The responsible official for the EIS is Herbicides on Bureau of Land are being used by adjacent cooperating the BLM Oregon and Washington State Management Lands, Oregon agencies and landowners to achieve Director. No public hearings or meetings better invasive weed control. Further, AGENCY: Bureau of Land Management, are planned during the public comment there are limited additional native period for the DEIS. Please note that Interior. vegetation treatment needs that would public comments and information ACTION: Notice of availability. be more feasibly met, and more submitted; including the names, street efficiently accomplished with selected addresses, and email addresses of SUMMARY: In accordance with the herbicides. respondents; will be available for public National Environmental Policy Act of In 2007, the BLM Washington Office review and disclosure during regular 1969 (NEPA), the Bureau of Land (WO220) completed the Vegetation Management (BLM) has prepared a Draft Treatments Using Herbicides on Bureau business hours (8 a.m. to 4 p.m.), Environmental Impact Statement (DEIS) of Land Management Lands in 17 Monday through Friday, except for Vegetation Treatments Using Western States Programmatic holidays, at the following address: 333 Herbicides on BLM Lands in Oregon Environmental Impact Statement (PEIS) SW. 1st Avenue, Portland, OR 97204. (Vegetation Treatments DEIS) and by and related Record of Decision making Before including your address, phone this Notice is announcing the opening of 18 herbicides available for a full range number, e-mail address, or other the comment period. of non-commodity vegetation treatments personal identifying information in your DATES: To ensure comments will be in 17 western states including Oregon. comment, you should be aware that considered, the BLM must receive Oregon cannot implement that decision, your entire comment—including your written comments on the Vegetation however, until and unless the District personal identifying information—may Treatments DEIS within 60 days Court injunction is lifted. The DEIS be made publicly available at any time. following the date the Environmental being released today, Vegetation While you can ask us in your comment Protection Agency publishes its Notice Treatments Using Herbicides on BLM to withhold your personal identifying of Availability in the Federal Register. Lands in Oregon, tiers to the PEIS, information from public review, we

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cannot guarantee that we will be able to FOR FURTHER INFORMATION CONTACT: Mr. structure on the east side of 17th Street do so. Doug Jacobs, Deputy Associate Regional which extends into the natural rise of Director for Lands, Resources and the Grounds. Edward W. Shepard, Planning, National Capital Region, The intervening space across 17th Street State Director, Oregon/Washington BLM. National Park Service, 1100 Ohio Drive, will have footings designed to receive a [FR Doc. E9–23678 Filed 10–1–09; 8:45 am] SW., Washington, DC 20242, by temporary post and panel closure BILLING CODE 4310–33–P telephone at (202) 619–7025 or by e- system that would be deployed only mail at [email protected]. during a major flood event. The permanent structures on either side of DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: Since the Potomac Park levee was constructed in 17th Street will be a combination of National Park Service the late 1930’s, the levee system has earthen berms and concrete walls/ relied upon a temporary earthen closure embankments which will be clad in and Memorial Parks, being built across 17th Street in the stone during a subsequent phase of the Washington, DC; Notice of Availability event of a flood emergency. Based on project. Since full funding for the entire of a Finding of No Significant Impact new policies since Hurricane Katrina project was not certain, all of the for the Proposed West Potomac Park (33 CFR 208.10), the USACE has alternatives in this EA are presented in Levee Project deemed the temporary 17th Street a phased approach. closure unreliable and consequently The NPS identified Alternative 1B as AGENCY: Department of the Interior, its Preferred Alternative and has gave the levee an unacceptable National Park Service. selected it for implementation. During inspection rating. For this reason, ACTION: Notice of Availability of a the completion of this EA, it became FEMA’s most recently proposed 100- Finding of No Significant Impact. apparent that considerable costs and year floodplain map for this area reflects time of construction and, therefore, time a 100-year flood event as if the SUMMARY: Pursuant to the National of disturbance to the National Mall and currently-designed 17th Street closure Environmental Policy Act (NEPA) and visitors, could be avoided if the levee at did not exist (44 CFR part 67, 72 FR National Park Service (NPS) NEPA 17th Street was constructed to the 54631–54635). This new mapping guidelines, NPS prepared and, from higher level of protection initially, if would place portions of southeast and January 30 to March 2, 2009, made funding would be available. Under available for a 30-day public review an downtown Washington, DC, including Phase 1 of the alternative, a levee Environmental Assessment (EA) the monumental core, within the 100- closure structure will be constructed at evaluating the potential impacts of year flood insurance rate zone. The 17th Street, approximately 253 feet proposed improvements to the existing placement would require additional south of the centerline of Constitution West Potomac Park Levee System which flood insurance and/or costly upgrades Avenue, NW. The closure structure will extends from 23rd Street, NW., to the to comply with building standards for consist of two symmetrical curved grounds of the Washington Monument those facilities that would fall within concrete flood walls built to the height in Washington, DC. The goal of this the new 100-year floodplain. In of the Congressionally-authorized project is to improve the reliability of addition, a number of projects that are solution and set back approximately 23 the existing levee in order to meet the currently in development on the feet to the east and west of 17th Street. current post-Hurricane Katrina National Mall would need to be revised The flood walls will require the re- standards for flood protection as and could be delayed in order to comply grading of both the northwest corner of required by the U.S. Army Corps of with these building codes. At the the Monument Grounds as well as the Engineers (USACE) and the Federal District of Columbia’s request, FEMA eastern edge of Constitution Gardens Emergency Management Agency agreed to delay issuance of the new between the Overlook Terrace and 17th (FEMA). The existing levee protects floodplain map until November, 2009, Street. Tree planting and final much of the monumental core and large in order to allow the District and the landscaping will also be completed as portions of downtown Washington, DC. NPS time to design and implement a the first phase of the project. In the After the end of the 30-day public solution that will reliably stop a 100- second phase of implementation, the review period, the NPS selected for year flood at 17th Street, NW., and remaining visible sections of the levee implementation, the preferred therefore make re-mapping unnecessary. wall at 17th Street will be clad in stone alternative as described in the EA, and In addition, the USACE requested that to match the historic character of the determined it will not have a significant the solution be designed in such a adjacent cultural landscapes and impact on the quality of the human manner as to allow for easy historic resources. The cladding will environment and that an Environmental modification to meet the higher level of enhance the aesthetic quality and Impact Statement is not required. In protection authorized by Congress in character of the landscape to mitigate making that selection and 1936 but never funded. The against adverse effects associated with determination, the NPS considered the congressionally authorized level of concrete walls. information and analysis contained in protection is roughly equivalent to a Phase Two includes a pedestrian path the EA and the comments received 187-year storm. The District and NPS and additional landscaping. during the public review period. The agreed that any improvements to the Improvements to the other parts of the NPS has accordingly prepared a Finding levee should be consistent with the Potomac Levee will also occur as part of of No Significant Impact (FONSI) for the current authorization so that the the second phase of implementation proposed West Potomac Park Levee congressionally authorized level of since the existing conditions at 23rd Project. The FONSI is also accompanied protection can ultimately be achieved Street, NW. and the Reflecting Pool do by an errata sheet that corrected some once funding is appropriated. not meet the Congressionally-authorized minor inaccuracies and updated some The EA evaluated five alternatives, all level of protection. At the southwest information. The errata did not result in of which incorporate a permanent corner of 23rd Street and Constitution any changes in the overall findings of structure from Overlook Terrace in Avenue, NW., portions of the site will the EA and had no bearing on its Constitution Gardens to the west side of be re-graded and raised by determination of no significant impact. 17th Street and another permanent approximately one to two feet. Along

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the levee that runs parallel to the SUPPLEMENTARY INFORMATION: The 12- regulations, arising out of Midwest Reflecting Pool, several hundred feet of member council advises the Secretary of Renewable Energy’s operations at an low spots will be filled to bring the the Interior, through the BLM, on a ethanol plant it owns and operates height of the levee to the variety of planning and management Sutherland, Nebraska. Midwest Congressionally-authorized level of issues associated with public land Renewable Energy (‘‘MRE’’) began protection. management in Northwest California. At production of ethanol at the facility in This alternative will be further this meeting agenda topics include September 2004. In the stipulation, MRE developed into preliminary and final discussion of BLM image and identity certifies that it has remedied each of the designs which will be subject to issues, a status report on public land alleged violations in the complaint and additional review by the National Park equestrian projects, a status report on agrees to pay a civil penalty of $10,000. Service, the National Capital Planning land use planning, information on the Commission and the Commission of Weaverville Community Forest, a status For thirty (30) days after the date of Fine Arts. report on development of a north coast this publication, the Department of The FONSI and other documents Geotourism Map Guide, access to South Justice will receive comments relating to related to this action are available for Cow Mountain, and an update on BLM the Stipulation of Settlement and review on the NPS’s Planning, projects under the American Judgment. Comments should be Environment, and Public Comment Reinvestment and Recovery Act addressed to the Assistant Attorney (PEPC) Web site at (ARRA). All meetings are open to the General, Environment and Natural http://parkplanning.nps.gov/ public. Members of the public may Resources Division, and either e-mailed projectHome.cfm?parkID=427& present written comments to the to [email protected] or projectId=22260. You may also request council. Each formal council meeting mailed to P.O. Box 7611, U.S. a hard copy at (202) 619–7025. will have time allocated for public Department of Justice, Washington, DC Signed on July 29, 2009. comments. Depending on the number of 20044–7611. In either case, the Margaret O’dell, persons wishing to speak, and the time comments should refer to United States Regional Director, National Capital Region. available, the time for individual v. Midwest Renewable Energy, LLC, comments may be limited. Members of [FR Doc. E9–23550 Filed 10–1–09; 8:45 am] Civil Action No. 8:09CV337, D.J. Ref. the public are welcome on field tours, No. 90–5–2–1–09275. BILLING CODE P but they must provide their own transportation and meals. Individuals The stipulation may be examined at the Office of the United States Attorney, DEPARTMENT OF THE INTERIOR who plan to attend and need special assistance, such as sign language District of Nebraska, 1620 Dodge Street, Suite 1400, Omaha, Nebraska 68102. Bureau of Land Management interpretation and other reasonable accommodations, should contact the During the comment period, the [LLCAN00000.L18200000.ZX0000] BLM as provided above. Stipulation of Settlement and Judgment may be examined on the following Notice of Public Meeting: Northwest Dated: September 24, 2009. Department of Justice Web site: http:// California Resource Advisory Council Joseph J. Fontana, www.usdoj.gov/enrd/ Public Affairs Officer. AGENCY: Bureau of Land Management, Consent_Decrees.html. A copy of the Interior. [FR Doc. E9–23760 Filed 10–1–09; 8:45 am] Stipulation of Settlement and Judgment BILLING CODE 4310–40–P ACTION: Notice of public meeting. may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, SUMMARY: In accordance with the U.S. Department of Justice, Washington, Federal Land Policy and Management DEPARTMENT OF JUSTICE DC 20044–7611, or by faxing or e- Act of 1976 (FLPMA), and the Federal Notice of Lodging of Consent Decree mailing a request to Tonia Fleetwood Advisory Committee Act of 1972 ([email protected]), fax no. (FACA), the U.S. Department of the Under the Clean Air Act and the Emergency Planning & Community (202) 514–0097, phone confirmation Interior, Bureau of Land Management number (202) 514–1547. In requesting a (BLM) Northwest California Resource Right-To-Know Act copy from the Consent Decree Library, Advisory Council will meet as indicated Notice is hereby given that on please enclose a check in the amount of below. September 23, 2009, a proposed $38.00 (25 cents per page reproduction DATES: The meeting will be held Stipulation of Settlement and Judgment cost) payable to the United States Thursday and Friday, October 29 and in United States v. Midwest Renewable Treasury or, if by e-mail or fax, forward 30, 2009, in Calistoga, CA. On October Energy, LLC, Civil Action No. a check in that amount to the Consent 29, the council convenes at 10 a.m. at 8:09CV337, was lodged with the United Decree Library at the stated address. the Calistoga Spa Hot Springs, 1006 States District Court for the District of Washington St., and departs for a field Nebraska. Maureen Katz, tour to public land sites managed by the In this action, the United States Assistant Chief, Environmental Enforcement BLM Ukiah Field Office. On October 30, sought an injunction ordering the Section, Environment and Natural Resources the council meeting begins at 8 a.m. in defendant to comply with Sections Division. the Conference Room of the Silver Rose 112(r) and 113(b) of the Clean Air Act, [FR Doc. E9–23747 Filed 10–1–09; 8:45 am] Inn, 351 Rosedale Rd. The meeting will 42 U.S.C. 7412(r) and 7413(b), and BILLING CODE 4410–15–P run until about 3 p.m. Public comments Section 325(c) of the Emergency will be accepted at 11 a.m. Planning and Community Right-to- FOR FURTHER INFORMATION CONTACT: Know Act (‘‘EPCRA’’), 42 U.S.C. Nancy Haug, BLM Northern California 11025(c), and the regulations District Manager, (530) 221–1743; or promulgated thereunder. The United BLM Public Affairs Officer Joseph J. States also sought civil penalties for the Fontana, (530) 252–5332. past violations of these statutes and

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NATIONAL AERONAUTICS AND Dated: September 29, 2009. and requested to withdraw the proposed SPACE ADMINISTRATION P. Diane Rausch, amendment and associated license Advisory Committee Management Officer, condition. [Notice (09–088)] National Aeronautics and Space The Commission had previously Administration. issued a Notice of Consideration of Aerospace Safety Advisory Panel; [FR Doc. E9–23835 Filed 10–1–09; 8:45 am] Issuance of Amendment published in Meeting BILLING CODE P the Federal Register on May 5, 2009 (74 FR 20750). However, by letter dated AGENCY: National Aeronautics and September 14, 2009, the licensee Space Administration (NASA). NUCLEAR REGULATORY withdrew the proposed change. For further details with respect to this ACTION: Notice of meeting. COMMISSION action, see the application for [Docket Nos. 50–445 and 50–446; NRC– amendment dated March 4, 2009, and SUMMARY: In accordance with the 2009–0437] Federal Advisory Committee Act, Public the licensee’s letter dated September 14, 2009, which withdrew the application Law 92–463, as amended, the National Luminant Generation Company LLC; Aeronautics and Space Administration for license amendment. Documents may Notice of Withdrawal of Application for be examined, and/or copied for a fee, at announce a forthcoming meeting of the Amendment to Facility Operating Aerospace Safety Advisory Panel. the NRC’s Public Document Room License (PDR), located at One White Flint North, DATES: Thursday, October 22, 2009, 1 The U.S. Nuclear Regulatory Public File Area O1 F21, 11555 p.m. to 3 p.m. Commission (the Commission) has Rockville Pike (first floor), Rockville, ADDRESSES: Kennedy Space Center granted the request of Luminant Maryland. Publicly available records Visitor Complex, Astronaut Encounter Generation Company LLC (the licensee) will be accessible electronically from Theatre, SR 405, Kennedy Space Center, to withdraw its March 4, 2009, the Agencywide Documents Access and FL 32899. application, as supplemented by letter Management System (ADAMS) Public dated September 14, 2009, for a Electronic Reading Room on the Internet FOR FURTHER INFORMATION CONTACT: Ms. at the NRC Web site, http:// Kathy Dakon, Aerospace Safety proposed amendment to Facility Operating License Nos. NPF–87 and www.nrc.gov/reading-rm/adams.html. Advisory Panel Executive Director, Persons who do not have access to National Aeronautics and Space NPF–89 for the Comanche Peak Steam Electric Station (CPSES), Units 1 and 2, ADAMS or who encounter problems in Administration, Washington, DC 20546, accessing the documents located in (202) 358–0732. located in Somervell County, Texas. The proposed amendment would ADAMS should contact the NRC PDR SUPPLEMENTARY INFORMATION: The have added a license condition for Reference staff by telephone at 1–800– Aerospace Safety Advisory Panel will submittal of inservice inspection (ISI) 397–4209, or 301–415–4737 or by e-mail hold its 4th Quarterly Meeting for 2009. information and analyses requested in to [email protected]. This discussion is pursuant to carrying Section (e) of the final rule in Title 10 Dated at Rockville, Maryland, this 25th day out its statutory duties for which the of the Code of Federal Regulations (10 of September 2009. Panel reviews, identifies, evaluates, and CFR), Part 50.61a, or the proposed rule For the Nuclear Regulatory Commission. advises on those program activities, (October 3, 2007; 72 FR 56275), prior to Balwant K. Singal, systems, procedures, and management issuance of the 10 CFR 50.61a, within 1 Senior Project Manager, Plant Licensing activities that can contribute to program year of completing each American Branch IV, Division of Operating Reactor risk. Priority is given to those programs Society of Mechanical Engineers Boiler Licensing, Office of Nuclear Reactor that involve the safety of human flight. and Pressure and Vessel Code (ASME Regulation. The agenda will include Safety Mission Code), Section XI, Category B–A and B– [FR Doc. E9–23779 Filed 10–1–09; 8:45 am] Assurance Updates; Launch Services D reactor vessel (RV) weld inspections. BILLING CODE 7590–01–P Program Overview; International Space This amendment request was associated Station Commercial Resupply Services with the request for relief to extend the Overview; and Thrust Oscillation ISI interval for ASME Code, Section XI, SMALL BUSINESS ADMINISTRATION Update. Category B–A and B–D RV welds from The meeting will be open to the 10 years to 20 years (TAC Nos. ME0777 [Disaster Declaration #11886 and #11887] public up to the seating capacity of the and ME0778) and the license condition Georgia Disaster Number GA–00027 room. Seating will be on a first-come was required in accordance with the basis. Visitors will be requested to sign conditions and limitations of U.S. AGENCY: U.S. Small Business a visitor’s register. Photographs will Nuclear Regulatory Commission (NRC) Administration. only be permitted during the first 10 approved WCAP–16168–NP, Revision 2, ACTION: Amendment 1. minutes of the meeting. During the first ‘‘Risk-Informed Extension of the Reactor 30 minutes of the meeting, members of Vessel In-service Inspection Interval.’’ SUMMARY: This is an amendment of the the public may make a 5-minute verbal The request was to defer the ASME Presidential declaration of a major presentation to the Panel on the subject Code-required volumetric examination disaster for the State of Georgia (FEMA– of safety in NASA. To do so, please of the CPSES, Unit 1, for the second ISI 1858–DR), dated 09/24/2009. contact Ms. Susan Burch at from refueling outage 1RF14 in 2010 Incident: Severe Storms and Flooding. [email protected] at least 48 hours until refueling outage 1RF20 and to Incident Period: 09/18/2009 and in advance. Any member of the public perform the third ISI on a 20-year continuing. is permitted to file a written statement inspection interval, instead of the DATES: Effective Date: 09/25/2009. with the Panel at the time of the currently required 10-year interval. By Physical Loan Application Deadline meeting. Verbal presentations and letter dated September 14, 2009, the Date: 11/23/2009. written comments should be limited to licensee revised its application for relief EIDL Loan Application Deadline Date: the subject of safety in NASA. request for a one-time extension only 06/24/2010.

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ADDRESSES: Submit completed loan U.S. Small Business Administration, President’s major disaster declaration on applications to: U.S. Small Business 409 3rd Street, SW., Suite 6050, 09/24/2009, applications for disaster Administration, Processing and Washington, DC 20416. loans may be filed at the address listed Disbursement Center, 14925 Kingsport SUPPLEMENTARY INFORMATION: The notice above or other locally announced Road, Fort Worth, TX 76155. of the Presidential disaster declaration locations. FOR FURTHER INFORMATION CONTACT: A. for the State of Georgia, dated 09/24/ The following areas have been Escobar, Office of Disaster Assistance, 2009 is hereby amended to include the determined to be adversely affected by U.S. Small Business Administration, following areas as adversely affected by the disaster: 409 3rd Street, SW., Suite 6050, the disaster: Primary Counties (Physical Damage and Washington, DC 20416. Primary Counties: (Physical Damage Economic Injury Loans): Cherokee, Cobb, Douglas, Paulding. SUPPLEMENTARY INFORMATION: The notice and Economic Injury Loans): Contiguous Counties (Economic Injury of the Presidential disaster declaration Bartow, Catoosa, Coweta, Dekalb, Loans Only): for the State of Georgia, dated 09/24/ Fulton, Gwinnett, Heard, Newton, Georgia: Bartow, Carroll, Dawson, 2009 is hereby amended to include the Rockdale, Walker. Forsyth, Fulton, Gordon, Haralson, following areas as adversely affected by Contiguous Counties: (Economic Injury Pickens, Polk. the disaster: Loans Only): The Interest Rates are: Primary Counties: (Physical Damage Georgia: Barrow, Butts, Clayton, Dade, and Economic Injury Loans): Fayette, Hall, Henry, Jackson, Percent Carroll, Chattooga, Stephens. Jasper, Meriwether, Morgan, Contiguous Counties: (Economic Injury Spalding, Troup, Walton, Whitfield. For Physical Damage: Loans Only): Alabama: Dekalb. Homeowners With Credit Avail- Georgia: Banks, Coweta, Floyd, Tennessee: Hamilton. able Elsewhere ...... 5.500 Franklin, Habersham, Heard, All other information in the original Homeowners Without Credit Walker. declaration remains unchanged. Available Elsewhere ...... 2.750 Businesses With Credit Available Alabama: Cherokee, Cleburne, (Catalog of Federal Domestic Assistance Elsewhere ...... 6.000 Randolph. Numbers 59002 and 59008) Other (Including Non-Profit Orga- South Carolina: Oconee. nizations) With Credit Available All other information in the original James E. Rivera, Elsewhere ...... 4.500 declaration remains unchanged. Acting Associate Administrator for Disaster Businesses and Non-Profit Orga- Assistance. nizations Without Credit Avail- (Catalog of Federal Domestic Assistance [FR Doc. E9–23774 Filed 10–1–09; 8:45 am] able Elsewhere ...... 4.000 Numbers 59002 and 59008) For Economic Injury: BILLING CODE 8025–01–P Businesses & Small Agricultural Roger B. Garland, Cooperatives Without Credit Acting Associate Administrator for Disaster Available Elsewhere ...... 4.000 Assistance. SMALL BUSINESS ADMINISTRATION [FR Doc. E9–23775 Filed 10–1–09; 8:45 am] [Disaster Declaration #11886 and #11887] The number assigned to this disaster BILLING CODE 8025–01–P for physical damage is 118866 and for Georgia Disaster # GA–00027 economic injury is 118870. (Catalog of Federal Domestic Assistance SMALL BUSINESS ADMINISTRATION AGENCY: U.S. Small Business Administration. Numbers 59002 and 59008) [Disaster Declaration #11886 and #11887] ACTION: Notice. Lisa Lopez-Suarez, Georgia Disaster Number GA–00027 Acting Associate Administrator for Disaster SUMMARY: This is a Notice of the Assistance. AGENCY: U.S. Small Business Presidential declaration of a major [FR Doc. E9–23714 Filed 10–1–09; 8:45 am] Administration. disaster for the State of Georgia (FEMA– 1858–DR), dated 09/24/2009. BILLING CODE 8025–01–P ACTION: Amendment 2. Incident: Severe Storms and Flooding. SUMMARY: This is an amendment of the Incident Period: 09/18/2009 and SMALL BUSINESS ADMINISTRATION Presidential declaration of a major continuing. [Disaster Declaration #11888 and #11889] disaster for the State of Georgia (FEMA– DATES: Effective Date: 09/24/2009. 1858–DR), dated 09/24/2009. Physical Loan Application Deadline Georgia Disaster # GA–00028 Incident: Severe Storms and Flooding. Date: 11/23/2009. Incident Period: 09/18/2009 and Economic Injury (EIDL) Loan AGENCY: U.S. Small Business continuing. Application Deadline Date: 06/24/2010. Administration. ACTION: DATES: Effective Date: 09/25/2009. ADDRESSES: Submit completed loan Notice. Physical Loan Application Deadline applications to: U.S. Small Business SUMMARY: This is a Notice of the Date: 11/23/2009. Administration, Processing and Presidential declaration of a major EIDL Loan Application Deadline Date: Disbursement Center, 14925 Kingsport disaster for Public Assistance Only for 06/24/2010. Road, Fort Worth, TX 76155. the State of Georgia (FEMA–1858–DR), ADDRESSES: Submit completed loan FOR FURTHER INFORMATION CONTACT: A. dated 09/26/2009. applications to: U.S. Small Business Escobar, Office of Disaster Assistance, Incident: Severe Storms and Flooding. Administration, Processing and U.S. Small Business Administration, Incident Period: 09/18/2009 and Disbursement Center, 14925 Kingsport 409 3rd Street, SW., Suite 6050, continuing. Road, Fort Worth, TX 76155. Washington, DC 20416. DATES: Effective Date: 09/26/2009. FOR FURTHER INFORMATION CONTACT: A. SUPPLEMENTARY INFORMATION: Notice is Physical Loan Application Deadline Escobar, Office of Disaster Assistance, hereby given that as a result of the Date: 11/25/2009.

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Economic Injury (EIDL) Loan third party lender’s commercial loan SECURITIES AND EXCHANGE Application Deadline Date: 06/28/2010. which funds any portion of the cost of COMMISSION ADDRESSES: Submit completed loan a 504 project (see 13 CFR 120.801) shall [Release No. 34–60726; File No. SR–FINRA– applications to: U.S. Small Business be 6% over the New York Prime rate or, 2009–010] Administration, Processing And if that exceeds the maximum interest Disbursement Center, 14925 Kingsport rate permitted by the constitution or Self-Regulatory Organizations; Road, Fort Worth, TX 76155. laws of a given State, the maximum Financial Industry Regulatory FOR FURTHER INFORMATION CONTACT: A. interest rate will be the rate permitted Authority, Inc.; Notice of Filing of Escobar, Office of Disaster Assistance, by the constitution or laws of the given Amendment No. 2 and Order Granting U.S. Small Business Administration, State. Accelerated Approval of a Proposed 409 3rd Street, SW., Suite 6050, Rule Change, as Modified by Washington, DC 20416. Richard C. Blewett, Amendment No. 2 Thereto, Expanding SUPPLEMENTARY INFORMATION: Notice is Acting Director, Office of Financial TRACE To Include Agency Debt hereby given that as a result of the Assistance. Securities and Primary Market President’s major disaster declaration on [FR Doc. E9–23772 Filed 10–1–09; 8:45 am] Transactions 09/26/2009, Private Non-Profit BILLING CODE P September 28, 2009. organizations that provide essential services of governmental nature may file I. Introduction disaster loan applications at the address On March 18, 2009, the Financial listed above or other locally announced SECURITIES AND EXCHANGE Industry Regulatory Authority, Inc. locations. COMMISSION (‘‘FINRA’’) (f/k/a National Association The following areas have been of Securities Dealers, Inc. (‘‘NASD’’)) determined to be adversely affected by [File No. 500–1] filed with the Securities and Exchange the disaster: Commission (‘‘SEC’’ or ‘‘Commission’’), Primary Counties: In the Matter of Emergent Health Corp.; pursuant to Section 19(b)(1) of the Carroll, Catoosa, Chattooga, Cobb, Order of Suspension of Trading Securities Exchange Act of 1934 (the Douglas, Gwinnett, Paulding, ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a Stephens, Walker. September 30, 2009. proposed rule change to expand TRACE The Interest Rates are: It appears to the Securities and to include Agency Debt Securities and Exchange Commission that there is a primary market transactions. On April Percent lack of current and accurate information 8, 2009, FINRA filed Amendment No. 1 to the proposal.3 The proposed rule Other (Including Non-Profit Orga- concerning the securities of Emergent Health Corp. because questions have change, as amended, was published for nizations) With Credit Available comment in the Federal Register on arisen regarding the company’s issuance Elsewhere: ...... 4.500 April 16, 2009.4 The Commission Businesses And Non-Profit Orga- of stock and trading in the company’s nizations Without Credit Avail- received eight comment letters in stock. 5 able Elsewhere: ...... 4.000 response to the proposed rule change. The number assigned to this dis- The Commission is of the opinion that On August 26, 2009, FINRA responded aster for physical damage is the public interest and the protection of to the comment letters 6 and filed 118886 and for economic injury investors require a suspension of trading Amendment No. 2 to the proposed rule is 118896. in the securities of the above-listed change.7 The Commission is publishing company. this notice and order to solicit (Catalog of Federal Domestic Assistance Therefore, it is ordered, pursuant to comments on Amendment No. 2 and to Numbers 59002 and 59008) approve the proposed rule change, as Section 12(k) of the Securities Exchange modified by Amendment No. 2, on an Act of 1934, that trading in the James E. Rivera, accelerated basis. Acting Associate Administrator for Disaster securities of the above-listed company is Assistance. suspended for the period from 9:30 a.m. II. Description of the Proposal [FR Doc. E9–23776 Filed 10–1–09; 8:45 am] EDT on September 30, 2009, through Currently, FINRA utilizes the Trade BILLING CODE 8025–01–P 11:59 p.m. EDT, on October 13, 2009. Reporting and Compliance Engine By the Commission. (‘‘TRACE’’) to collect and disseminate information on secondary over-the- SMALL BUSINESS ADMINISTRATION Elizabeth M. Murphy, Secretary. 1 15 U.S.C. 78s(b)(1). Interest Rates [FR Doc. E9–23882 Filed 9–30–09; 11:15 am] 2 17 CFR 240.19b–4. BILLING CODE 8011–01–P 3 Amendment No. 1 was a partial amendment The Small Business Administration that: (1) Revised the description of the proposal to publishes an interest rate called the accurately reflect the proposed rule text; (2) optional ‘‘peg’’ rate (13 CFR 120.214) on amended the definition of ‘‘TRACE–Eligible a quarterly basis. This rate is a weighted Security’’ to remove a parenthetical that was inadvertently included in the original proposal; and average cost of money to the (3) made minor technical edits to the purposed rule government for maturities similar to the text. average SBA direct loan. This rate may 4 Securities Exchange Act Release No. 59733 be used as a base rate for guaranteed (April 8, 2009), 74 FR 17709 (‘‘Notice’’). fluctuating interest rate SBA loans. This 5 See infra note 12. rate will be 4.000 (4) percent for the 6 See letter from Sharon Zackula, Associate Vice President and Associate General Counsel, FINRA, to October–December quarter of FY 2009. Elizabeth M. Murphy, Secretary, Commission, dated Pursuant to 13 CFR 120.921(b), the August 26, 2009 (‘‘FINRA Response’’). maximum legal interest rate for any 7 See infra Section III.

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counter transactions in corporate debt (7) in Rule 6750, provide that According to FINRA, the effective date securities. FINRA has proposed to transaction information for List or Fixed will be no later than 180 days following extend TRACE to include most primary Offering Price Transactions and publication of the Regulatory Notice market transactions as well as Takedown Transactions will not be announcing Commission approval. transactions in debt securities that are disseminated. FINRA has represented III. Summary of Comments and issued or guaranteed by a government- that it will study the reported data for Amendment No. 2 sponsored enterprise or U.S. these primary market transactions for a government agency (‘‘Agency Debt period of time after reporting begins The Commission received eight Securities’’). Specifically, the proposed and, at a later date, determine if comments on the proposed rule rule change would: dissemination of the information is change.12 Four commenters expressed (1) In Rule 6710, amend the defined appropriate and, if appropriate, develop strong support for the proposal.13 Two terms (a) ‘‘TRACE–Eligible Security’’ to a dissemination strategy; other commenters were not opposed to include Agency Debt Securities; (b) (8) in Rule 6760, amend the FINRA’s proposal, but raised concerns ‘‘Reportable TRACE Transaction’’ to requirements for members to provide regarding operation and include primary market transactions; FINRA with notice of and information implementation.14 and (c) ‘‘Investment Grade’’ and ‘‘Non- about new issuances of TRACE-Eligible Two commenters indicated support Investment Grade’’ to classify unrated Securities to facilitate timely reporting for more transparency in the fixed Agency Debt Securities as investment of such securities in both primary and income markets, but opposed the grade securities for purposes of the secondary market transactions; proposed rule change.15 Both dissemination provisions of the TRACE (9) establish new Rule 6770, which commenters believed that the market in rules; would provide FINRA emergency Agency Debt Securities is highly liquid (2) amend Rule 6710(a), to require authority, to be exercised in and questioned the need for expanding members to provide FINRA certain consultation with the Commission, that TRACE to cover it.16 One of the information regarding debt securities would permit FINRA to suspend the commenters stated that any expansion that are not assigned CUSIPs, but reporting and/or dissemination of of TRACE to include Agency Debt otherwise meet TRACE eligibility certain transactions in TRACE-Eligible Securities or primary market standards; Securities, or the reporting of certain transactions would impose significant (3) in Rule 6710, delete the definition data elements that are otherwise costs on firms that engage in such 17 of ‘‘Money Market Instrument’’ required under Rule 6730 and/or the transactions. embedded in the term ‘‘TRACE–Eligible dissemination of certain data elements FINRA responded that, although Security’’ and add it as a separately as market conditions warrant and for multiple vendors provide data on defined term in new proposed Rule such period of time as FINRA deemed Agency Debt Securities, there is no 6710(o); necessary; 10 centralized public dissemination of (4) in Rule 6710, add the defined (10) in Rule 7730, establish reporting 12 terms, ‘‘Agency,’’ ‘‘Agency Debt and market data fees for Agency Debt See letter from Robert F. Anderson, Senior Security,’’ ‘‘Asset-Backed Security,’’ Managing Director, Fixed Income Trading, dated Securities and primary market April 17, 2009 (‘‘Anderson Letter’’); letter from Beth ‘‘Government-Sponsored Enterprise,’’ transactions generally at the same rates N. Lowson, The Nelson Law Firm, LLC, dated May ‘‘Money Market Instrument,’’ ‘‘U.S. in effect for corporate bonds; 11 and 5, 2009 (‘‘Nelson Letter’’); letter from Manisha Treasury Security,’’ ‘‘List or Fixed (11) amend various rules in the Kimmel, Executive Director, Financial Information Offering Price Transaction,’’ and Forum, dated May 7, 2009 (‘‘FIF Letter’’); letter from FINRA Rule 6700 and 7730 series to Heather Traeger, Associate Counsel, Investment ‘‘Takedown Transaction;’’ reflect minor technical, stylistic, or Company Institute, dated May 7, 2009 (‘‘ICI (5) in Rule 6710, make certain confirming changes. Letter’’); letter from Joseph W. Sack, Managing technical changes to a number of the In its filing with the Commission, Director, Asset Management Group, Securities Industry and Financial Markets Association, dated defined terms; FINRA acknowledged that its proposal (6) in Rule 6730, establish reporting May 7, 2009 (‘‘AMG–SIFMA Letter’’); letter from to extend TRACE reporting to include Sean C. Davy, Managing Director and Robert requirements for primary market Agency Debt Securities may result in Toomey, Managing Director, and Associate General transactions that are List or Fixed certain trading desks having to report Counsel, Capital Markets Group of Securities 8 Industry and Financial Markets Association, dated Offering Price Transactions or transactions to TRACE for the first time. Takedown Transactions; 9 May 7, 2009 (‘‘CMG–SIFMA Letter’’); letter from Consequently, FINRA represented that it Michael Decker and Mike Nicholas, Co-Chief would continue to work with members Executive Officers, Regional Bond Dealers 8 The term ‘‘List or Fixed Offering Price Association, dated May 7, 2009 (‘‘RBDA Letter’’); Transaction’’ means a primary market sale and third-party vendors to ensure letter from Don Winton, Crews & Associates, Inc., transaction sold on the first day of trading of a new effective and efficient implementation. dated May 22, 2009 (Crews Letter’’) (collectively, issue: (i) by a sole underwriting, syndicate manager, FINRA further stated that it will the ‘‘Comment Letters’’). syndicate member or selling group member at the 13 See Anderson Letter (supporting FINRA’s published or stated list or fixed offering price, or announce the effective date of the proposed rule change in a Regulatory overall goal of improving bond market (ii) in the case of a primary market sale transaction transparency); Nelson Letter (supporting the effected pursuant to Securities Act Rule 144A, by Notice to be published no later than 60 proposal because it provides for increased price an initial purchaser, syndicate manager, syndicate days following Commission approval. transparency in the market by broadening the range member or selling group member at the published of securities trades that must be reported and or stated fixed offering price. See proposed FINRA disseminated); AMG–SIFMA Letter (arguing that Rule 6710(q). 10 See Amendment No. 2, infra Section III. real-time prices would be helpful to large asset 9 11 Under the proposal, for fee purposes, FINRA The term ‘‘Takedown Transaction’’ means a management firms with respect to trading activities, will distinguish TRACE transaction data as two data primary market sale transaction sold on the first day portfolio management, and valuation activities); ICI sets: one comprised of corporate bond transaction of trading of a new issue: (i) by a sole underwriter Letter (citing the benefits to investors in bonds and information and the other comprised of Agency or syndicate manager to a syndicate or selling group noting that transparency helps to improve price Debt Security transaction information. The fee member at a discount from the published or stated discovery and ensure the integrity of the debt schedule set forth in FINRA Rule 7730 would apply list or fixed offering price, or (ii) in the case of a markets). to Agency Debt Securities and primary market primary market sale transaction effected pursuant to 14 Securities Act Rule 144A, by an initial purchaser transactions. Additionally, FINRA has proposed to See Crews Letter; FIF Letter. 15 or syndicate manager to a syndicate or selling group amend the fees for ‘‘Web Browser Access,’’ which See CMG–SIFMA Letter; RBDA Letter. member at a discount from the published or stated would vary depending on factors such as the 16 See CMG–SIFMA Letter, at 1–2; RBDA Letter, fixed offering price. See proposed FINRA Rule number of users and whether the user(s) would at 2. 6710(r). have access to one or both data sets. 17 See CMG–SIFMA Letter, at 1.

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information regarding transactions in the TRACE system is closed. FINRA TRACE Issue Master, allowing the firm Agency Debt Securities. FINRA noted believes this change will address to report its transaction to TRACE that the pre-trade information available operational concerns without negatively promptly and comply with its is generally indicative, while post-trade impacting regulatory surveillance or obligations under FINRA Rule 6730.26 information—whether via a subscriber market transparency.21 Additionally, one commenter objected service or at a publicly accessible Web One commenter also raised a to including securities without a CUSIP site—is not available at all. FINRA compliance concern with regard to as TRACE-eligible due increased costs concluded that ‘‘[t]he expansion of reverse inquiries.22 The commenter and potential reporting errors, and TRACE will create consolidated post- argued that complying with the questioned whether incorporating such trade transparency in Agency Debt proposed requirement to notify FINRA securities into TRACE would contribute Securities, and the dissemination of about new issues ‘‘prior to the to meaningful price discovery.27 FINRA transaction information will assist in commencement of primary market responded that only a small number of price discovery and valuation processes transactions’’ would be impossible in securities trade without a CUSIP and for all market participants and provide the case of a reverse inquiry, because that, where a security is not identified retail investors access to price the new issue materializes and the by a CUSIP, FINRA would work with information current not readily primary market transaction takes place members to ensure effective and available to non-professionals.’’18 precisely upon the agreement of the efficient reporting.28 Three commenters requested that the issuer to sell bonds at the terms With regard to the expansion of distinction between primary and proposed by the investor. Accordingly, TRACE to include primary market secondary transactions be clarified for the commenter recommended that transactions, one commenter noted that reporting purposes.19 In its original FINRA amend Rule 6760 so that such expansion would impose filing, FINRA proposed that member use underwriting broker-dealers would be operational and compliance issues and one of three indicators when reporting required to notify FINRA within 15 require firms to engage in extensive and transactions to distinguish between minutes of commencement of primary costly systems development.29 primary and secondary transactions, market trading after the underwriting of Consequently, the commenter urged and to further distinguish List or Fixed the new issue, in the instances where it FINRA to provide up to 18 months from Offering Price Transactions and is not possible to do so prior to the the publication date of the technical Takedown Transactions from other commencement of primary market specifications to accommodate primary market transactions. In transactions.23 necessary technical systems changes.30 response, FINRA revised Rule In response, FINRA proposed to The commenter further recommended a 6730(d)(4)(D) to eliminate the proposed amend Rule 6760 so that if a member is phased-in compliance implementation indicators for secondary market and involved in an intraday offering that is process, whereby the expanded primary market transactions that are not priced and commences between 9:30 reporting requirements for transactions List or Fixed Offering Price Transactions a.m. and 4 p.m. ET, the member would in Agency Debt Securities be or Takedown Transactions. The rule be permitted to provide FINRA implemented first, followed by would retain the requirement that Operations the required information reporting in primary market transactions members use the remaining proposed available prior to the execution of the for corporate bonds and primary market indicator when reporting primary first transaction in the distribution or transactions for Agency Debt Securities, market transactions that are List or offering. All other information required respectively.31 Another commenter Fixed Offering Price Transactions and under the rule would have to be stated that 12 months would be needed 20 Takedown transactions. One provided within 15 minutes of the time for systems development and testing commenter suggested that that the of execution of the first transaction in before the requirement for TRACE definition of List or Fixed Offering Price such distribution or offering.24 reporting of Agency Debt Securities and Transaction and Takedown Transaction Two commenters stated that firms primary market transactions is be amended for reporting purposes to should be permitted to rely on the enforced.32 include primary market transactions TRACE Issue Master to determine if a In response, FINRA recognized that 25 that are executed after the day of security is TRACE-eligible. FINRA implementation of the proposal may pricing, but would otherwise qualify as responded that it has often stated that it create short-term operational issues and a List or Fixed Offering Price a firm’s obligation under Rule 6730 is to require a number of permanent Transaction or Takedown Transaction. report transactions in securities that modifications to reporting and other FINRA responded that it did not believe meet the definition of TRACE-Eligible technology systems. FINRA stated that it that the definition should be amended Security. FINRA further stated that if a will work with members to address but, rather proposed to amend the firm has a reporting obligation under issues and provide them sufficient deadline for reporting all List or Fixed Rule 6730 in a security that is a TRACE- notice to modify their reporting Offering Price Transactions or Eligible Security but is not included in systems.33 Takedown Transactions to no later than the TRACE Issue Master, the firm must One commenter raised the concern T+1 during TRACE system hours. By notify FINRA immediately and provide that such expansion may cause extending the reporting period to T+1, the CUSIP and other information competitive disparities between FINRA FINRA would eliminate the distinction necessary for FINRA to update the member firms, which are subject to between a transaction executed in TRACE reporting, and bank government connection with an offering priced 21 See id. 22 See RBDA Letter, at 2–3. In a reverse inquiry, before 5 p.m. ET and a transaction 26 See FINRA Response, at 5. investors or dealers determine an amount and type executed as part of an offering priced on 27 of bond that they wish to purchase and approach See FIF Letter, at 2–3. the same day but after 5 p.m. ET when the issuer with a request to buy debt securities with 28 See FINRA Response, at 6. those features at a particular price. If the issuer 29 See CMG–SIFMA Letter, at 4. 18 FINRA Response, at 3. agrees, the bonds are issued and purchased. 30 See id., at 6–7. 19 See CMG–SIFMA Letter, at 5; RBDA Letter, at 23 See RBDA Letter, at 3. 31 See id., at 6. 3; FIF Letter, at 3. 24 See FINRA Response, at 5. 32 See FIF Letter, at 3–4. 20 See FINRA Response, at 5. 25 See CMG–SIFMA Letter, at 4; FIF Letter, at 1. 33 See FINRA Response, at 6.

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securities dealers, which are not.34 recommendations regarding Takedown Transactions that are priced Further, the commenter asserted that dissemination protocols.43 on a Saturday, Sunday, or a federal or bank dealers would have an advantage In Amendment No. 2, FINRA religious holiday on which the TRACE over FINRA members in competing for proposed limited amendments to system is closed, Rule 6730(a)(5) as the business of institutional investors various proposed reporting, revised by Amendment No. 2 would that wish to keep their trading activity dissemination, and notification require a member to report the confidential.35 In response, FINRA provisions in the Rule 6700 series, and transaction the next business day at any noted the statutory requirement that a to Rule 7730. FINRA further proposed to time during TRACE system hours. proposed rule not impose any burden add new Rule 6770 to provide Second, FINRA originally proposed on competition not necessary or emergency authority to FINRA, in that members use one of three indicators appropriate in furtherance of the Act consultation with the Commission, to when reporting transactions in TRACE- and stated its belief that it is axiomatic suspend reporting and/or dissemination Eligible Securities in proposed amended that increasing transparency in a of certain transactions in TRACE– Rule 6730(d)(4)(D). The purpose was to securities trading market appropriately Eligible Securities. distinguish between primary and furthers the purposes of the Act. FINRA maintains that the proposed secondary market transactions, as Consequently, FINRA believes such amendments to the Rule 6700 series primary market transactions would be comments are without merit.36 address many of the substantive issues reported for the first time, and to 44 Two commenters requested that raised by commenters. The proposed distinguish List or Fixed Offering Price TRACE fees related to Agency Debt amendments would extend the period to Transactions and Takedown Securities be reduced to the extent that report primary market transactions that Transactions from other primary market such fees are not necessary to cover are List or Fixed Offering Price transactions. Certain commenters raised FINRA’s expenses in connection with Transactions or Takedown Transactions issues regarding the use of the three 45 the collection and dissemination of to the close of the TRACE system on proposed indicators. TRACE data.37 Another commenter T+1, and simplify the reporting of all In Amendment No. 2, FINRA has argued that charging a separate fee for transactions by eliminating two of three proposed to amend Rule 6730(d)(4)(D) the use of Agency Debt Securities data proposed indicators. In addition, the to eliminate the proposed indicators for is unwarranted, and urged the proposed amendments would modify secondary market transactions and for Rule 6760, providing greater flexibility Commission to require FINRA to offer primary market transactions that are not to underwriters (or other persons data on corporate debt securities and List or Fixed Offering Price Transactions designated in the rule) that are required Agency Debt Securities as a single data or Takedown Transactions. Rule to provide FINRA Operations notice and set, priced no higher than the current 6730(d)(4)(D) would retain the are engaged in an offering that is priced rate for corporate bond data.38 FINRA requirement that members use the and commences between 9:30 a.m. and responded that it will undertake review remaining proposed indicator when 4 p.m. ET. In conjunction with this of the fee structure for Agency Debt reporting primary market transactions change, a member would be required to Securities after implementation of the that are List or Fixed Offering Price indicate in its notice to FINRA proposal, when FINRA can accurately Transactions and Takedown Operations the time that the new issue assess the trading volume and demand Transactions. The remaining indicator is priced and, if different, the time that for Agency Debt Securities data.39 will enable FINRA to identify primary transactions in the new issue transaction information received for Four commenters raised concerns commence. FINRA also has proposed such transactions that will be about trade modifications in TRACE.40 certain other minor changes, including disseminated, which FINRA proposed The commenters suggested that firms non-substantive, clarifying, or in the original rule filing. In addition, acting in good faith should be able to formatting changes to the Rule 6700 FINRA will use the indicator for modify, cancel, or correct trade reports Series and Rule 7730. surveillance purposes to determine if without incurring fees or penalties and members are properly categorizing that the TRACE platform be enhanced to Rule 6730 transactions as List or Fixed Offering allow modifications to trades submitted, FINRA originally proposed that Price Transactions and Takedown rather than full re-submissions, which primary market transactions that are List Transactions, and to determine if a could help eliminate duplicative or Fixed Offering Price Transactions or member is selecting the indicator reporting.41 In response, FINRA asserted Takedown Transactions be reported by inappropriately to obtain the advantages that modifications of trade reports are the end of the day on the day such of more relaxed reporting requirements not relevant to the proposed rule securities were priced, if the pricing or to avoid dissemination of selected change, but that FINRA reviews occurred by 5 p.m. In Amendment No. reported transactions. operational issues raised by firms on an 2, FINRA is revising two provisions of ongoing basis and will take the issue Rule 6730 regarding the reporting of Rule 6760 42 under consideration. FINRA also such transactions to address certain In its original proposal, FINRA declined to address other commenters’ concerns raised by the commenters. proposed to amend the notice and concerns that were outside the scope of Specifically, FINRA has proposed to information reporting requirements in the proposal, including commenter extend the reporting period by a full Rule 6760. Specifically, a member day, requiring members to report List or providing notice would be required to 34 See CMG–SIFMA Letter, at 3. Fixed Offering Price Transactions and include ‘‘the time the new issue is 35 See id. Takedown Transactions not later than priced.’’ Additionally, the original 36 See FINRA Response, at 7. T+1 during TRACE system hours, with 37 proposal required that information be See CMG–SIFMA Letter, at 4. limited exceptions for transactions that 38 See RBDA Letter, at 4. provided ‘‘prior to the commencement 39 See FINRA Response, at 7. occur on weekends or holidays. For List of primary market transactions.’’ In 40 See CMG–SIFMA Letter, at 5; RBDA Letter, at or Fixed Offering Price Transactions or Amendment No. 2, FINRA proposes to 4–5; Crews Letter, at 1–2; FIF Letter, at 2. 41 See CMG–SIFMA Letter, at 5. 43 See, e.g., FINRA Response, at 3. 45 See CMG–SIFMA Letter, at 3; RBDA Letter, at 42 See FINRA Response, at 6. 44 See FINRA Response, at 8. 3.

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amend the notification requirements for Proposed Rule 6770 those markets.50 To further those goals, new TRACE-Eligible Securities in Rule In Amendment No. 2, FINRA the Commission believes that it is 6760 in response to comments. The proposed new Rule 6770, which would reasonable and consistent with the Act most significant amendment to Rule provide FINRA emergency authority to for FINRA to expand TRACE in the 6760, in Rule 6760(b), provides more suspend the reporting and/or manner set forth in the proposal. flexibility for underwriters (or other dissemination of certain transactions in Prior to TRACE’s implementation, the designated persons) that are required to TRACE-Eligible Securities, or the NASD did not have routine access to give notice to FINRA Operations reporting of certain data elements that comprehensive transaction information regarding a new TRACE-Eligible are otherwise required under Rule 6730 for the over-the-counter corporate bond Security that is the subject of an offering and/or the dissemination of certain data market, even though the NASD bore that is priced and commences on the elements, as market conditions warrant responsibility for surveilling and same business day between 9:30 a.m. and for such period of time as FINRA regulating that market. Similarly, with and 4 p.m. ET. The proposed deems necessary. FINRA represented respect to the over-the-counter market amendment would require the that each action that FINRA might for Agency Debt Securities and for underwriter (or other designated person) consider under proposed Rule 6770 primary market bond transactions, to provide FINRA Operations as much would be subject to review and FINRA currently does not possess the of the information required under the discussion with the Commission prior comprehensive transaction information rule that is available prior to the to FINRA’s use of such authority.47 that would help it carry out its statutory execution of the first transaction in the Although FINRA does not anticipate duties to regulate the market. Expanding TRACE to include Agency Debt distribution or offering, and all other that such emergency authority would be Securities and primary market information required under Rule 6760 used, FINRA believes it is prudent for transactions will assist FINRA in within 15 minutes of the time of such authority to be in place. fulfilling its mandate in Section execution of the first transaction in such Other Amendments 15A(b)(6) of the Act 51 to prevent distribution or offering.46 Finally, in Amendment No. 2, FINRA fraudulent and manipulative acts and FINRA also has proposed two proposed to incorporate non- practices, to promote just and equitable additional amendments to the member substantive, technical, clarifying and principles of trade, and, in general, to notification requirements in Rule formatting amendments in the Rule protect investors and the public interest. 6760(b). In response to comments 6700 series and Rule 7730. Furthermore, the Commission regarding the operational difficulties of believes that the proposal is consistent complying with TRACE requirements IV. Discussion with Section 11A(a)(1)(C)(iii) of the for securities not having a CUSIP After carefully considering the Act,52 in which Congress found that it number, FINRA proposes to amend Rule proposal and the comments submitted, is in the public interest and appropriate 6760(b) to permit the underwriter (or the Commission finds that the proposed for the protection of investors and the another designated person) providing rule change is consistent with the maintenance of fair and orderly markets the notice to submit, in lieu of a CUSIP, requirements of the Act and the rules to assure the availability to brokers, ‘‘a similar numeric identifier (or a and regulations thereunder applicable to dealers, and investors of information TRACE symbol, which is assigned by a national securities association.48 In with respect to quotations and FINRA upon request).’’ Also, FINRA particular, the Commission finds that transactions in securities. This proposal originally proposed that an underwriter the proposed rule change is consistent furthers this goal by increasing the (or another designated person) notify with Section 15A(b)(6) of the Act,49 amount of public information available FINRA Operations of the time that a which requires, among other things, that in the over-the-counter market for debt new issue is priced. In Amendment No. FINRA rules must be designed to securities. By increasing public 2, FINRA has proposed to add to such prevent fraudulent and manipulative availability of information about requirement that a member provide the acts and practices, to promote just and additional categories of debt, this time that the first transaction of the equitable principles of trade, and, in proposal is reasonably designed to distribution or offering of the new issue general, to protect investors and the encourage greater participation in the is executed, if the time is different from public interest. The Commission does market by retail and institutional the time of pricing of the new issue. The not believe that the comments raise any investors, which should contribute to amended notification requirement issue that would preclude approval of deeper markets and increased would enable FINRA to determine if the proposal. Indeed, the Commission competition. Moreover, the additional members comply with Rule 6760 to believes that the proposal promotes the transaction data reported to TRACE will provide notification when required. goals of transparency, increased price allow FINRA to obtain a more complete FINRA believes that members’ timely discovery, and debt market integrity audit trail of transactions in the market notification to FINRA Operations of new cited by several commenters. for TRACE-Eligible Securities. Although TRACE-Eligible Securities that are about In originally approving TRACE, the the Commission acknowledges the to be offered plays a significant part of Commission stated that price potential for firms covered by these new the process of continuously updating transparency plays a fundamental role reporting requirements to incur the TRACE system, and members that in promoting fairness and efficiency of additional compliance burdens and fail to comply with Rule 6760 impair U.S. capital markets and that market costs, the Commission believes that any the reporting of transactions by other surveillance was a fundamental means such burdens are substantially members and adversely affect price of promoting fairness and confidence in outweighed by the overall benefits of transparency in the security during the increased transparency and access to most active or one of the most active 47 See Amendment No. 2, at 6. 48 In approving this proposal, the Commission has 50 See Securities Exchange Act Release No. 43873 trading periods in the security. considered the proposed rule’s impact on (January 23, 2001) 66 FR 8131, 8136 (January 29, efficiency, competition, and capital formation. See 2001). 46 Rule 6760 does not apply to secondary 15 U.S.C. 78c(f). 51 15 U.S.C. 78o–3(b)(6). offerings or distributions. 49 15 U.S.C. 78o–3(b)(6). 52 15 U.S.C. 78k–1(a)(1)(C)(iii).

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more comprehensive trade information Paper Comments DEPARTMENT OF STATE in the fixed income markets. • Send paper comments in triplicate The Commission further finds that the [Public Notice 6778] to Elizabeth M. Murphy, Secretary, proposed fees for: (1) Reporting of Securities and Exchange Commission, Agency Debt Securities and primary Culturally Significant Objects Imported 100 F Street, NE., Washington DC market transactions, (2) receipt of for Exhibition Determinations: market data for Agency Debt Securities 20549–1090. ‘‘Rembrandt’s People’’ and primary market transactions, and All submissions should refer to File (3) subscribing to ‘‘Web Browser Number SR–FINRA–2009–010. This file SUMMARY: Notice is hereby given of the Access’’ for TRACE reporting and/or number should be included on the following determinations: Pursuant to market data receipt are consistent with subject line if e-mail is used. To help the the authority vested in me by the Act of Section 15A(b)(5) of the Act, which Commission process and review your October 19, 1965 (79 Stat. 985; 22 U.S.C. requires, among other things, that comments more efficiently, please use 2459), Executive Order 12047 of March FINRA rules provide for the equitable only one method. The Commission will 27, 1978, the Foreign Affairs Reform and allocation of reasonable dues, fees, and post all comments on the Commission’s Restructuring Act of 1998 (112 Stat. other charges among members and Internet Web site (http://www.sec.gov/ 2681, et seq.; 22 U.S.C. 6501 note, et issuers and other persons using any rules/sro.shtml). Copies of the seq.), Delegation of Authority No. 234 of facility or system that FINRA operates submission, all subsequent October 1, 1999, Delegation of Authority 53 or controls. These fees are similar to amendments, all written statements No. 236 of October 19, 1999, as those that currently apply to corporate with respect to the proposed rule amended, and Delegation of Authority debt securities. change that are filed with the No. 257 of April 15, 2003 [68 FR 19875], V. Accelerated Approval Commission, and all written I hereby determine that the objects in communications relating to the the exhibition: ‘‘Rembrandt’s People’’ The Commission finds good cause, proposed rule change between the imported from abroad for temporary pursuant to Section 19(b)(2) of the Commission and any person, other than exhibition within the United States, are 54 Act, for approving the proposed rule those that may be withheld from the of cultural significance. The objects are change, as modified by Amendment No. public in accordance with the imported pursuant to loan agreements 2 thereto, prior to the 30th day after the provisions of 5 U.S.C. 552, will be with the foreign owners or custodians. date of publication in the Federal available for inspection and copying in I also determine that the exhibition or Register. The changes proposed in Amendment No. 2 are minor and the Commission’s Public Reference display of the exhibit objects at the technical in nature or designed to Room, 100 F Street, NE., Washington, Wadsworth Atheneum Museum of Art, respond to specific concerns raised by DC 20549, on official business days Hartford, CT, from on or about October commenters. With respect to the between the hours of 10 a.m. and 3 p.m. 10, 2009, until on or about January 24, proposed provision that would permit Copies of the filing will also be available 2010, and at possible additional FINRA to suspend TRACE reporting or for inspection and copying at the exhibitions or venues yet to be dissemination in certain emergency principal office of FINRA. All comments determined, is in the national interest. circumstances, the Commission notes received will be posted without change; Public Notice of these Determinations is that such authority could be exercised the Commission does not edit personal ordered to be published in the Federal only in consultation with the identifying information from Register. Commission. Accordingly, the submissions. You should submit only FOR FURTHER INFORMATION CONTACT: For Commission finds that good cause exists information that you wish to make further information, including a list of to approve the proposal, as modified by available publicly. All submissions the exhibit objects, contact Julie Amendment No. 2, on an accelerated should refer to File No. SR–FINRA– Simpson, Attorney-Adviser, Office of basis. 2009–010 and should be submitted on the Legal Adviser, U.S. Department of or before October 23, 2009. VI. Solicitation of Comments State (telephone: 202–632–6467). The address is U.S. Department of State, L/ Interested persons are invited to VII. Conclusion PD, SA–5, 2200 C Street, NW., Suite submit written data, views, and It is therefore ordered, pursuant to 5H03, Washington, DC 20522–0505. arguments concerning the foregoing, Section 19(b)(2) of the Act,55 that the including whether Amendment No. 2 to proposed rule change (SR–FINRA– Dated: September 28, 2009. the proposed rule change is consistent 2009–010), as modified by Amendments Maura M. Pally, with the Act. Comments may be Nos. 1 and 2, be, and hereby is, Deputy Assistant Secretary for Professional submitted by any of the following approved on an accelerated basis. and Cultural Exchanges, Bureau of methods: Educational and Cultural Affairs, Department For the Commission, by the Division of Electronic Comments of State. Trading and Markets, pursuant to delegated [FR Doc. E9–23813 Filed 10–1–09; 8:45 am] • authority.56 Use the Commission’s Internet BILLING CODE 4710–05–P comment form (http://www.sec.gov/ Florence E. Harmon, rules/sro.shtml); or Deputy Secretary. • Send an e-mail to rule- [FR Doc. E9–23729 Filed 10–1–09; 8:45 am] [email protected]. Please include File BILLING CODE 8011–01–P Number SR–FINRA–2009–010 on the subject line.

53 15 U.S.C. 78o–3(b)(5). 55 15 U.S.C. 78s(b)(2). 54 15 U.S.C. 78s(b)(2). 56 17 CFR 200.30–3(a)(12).

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DEPARTMENT OF STATE issuance of a Presidential permit for this DATES: Although USTR will accept any proposed bridge would be in the U.S. comments received during the course of [Public Notice 6776] national interest. the dispute settlement proceedings, Bureau of Western Hemisphere Affairs, DATES: Interested members of the public comments should be submitted on or Executive Order 11423, as Amended; are invited to submit written comments before October 30 to be assured of Notice of Receipt of Application for a regarding this application on or before timely consideration by USTR. Presidential Permit for an International December 31, 2009 to Mr. Stewart ADDRESSES: Public comments should be Pedestrian Bridge on the U.S.-Mexico Tuttle, U.S.-Mexico Border Affairs submitted electronically to http:// Border Near San Diego, California and Coordinator, via e-mail at WHA– www.regulations.gov, docket number Tijuana, Baja California, Mexico [email protected], or by mail at USTR–2009–0035. If you are unable to WHA/MEX—Room 3909, Department of provide submissions by http:// AGENCY: Department of State. State, 2201 C St. NW., Washington, DC www.regulations.gov, please contact ACTION: Notice. 20520. Sandy McKinzy at (202) 395–9483 to arrange for an alternative method of SUMMARY: The Department of State FOR FURTHER INFORMATION CONTACT: Mr. hereby gives notice that, on September Stewart Tuttle, U.S.-Mexico Border transmission. If (as explained below) the 18, 2009, it received from Otay-Tijuana Affairs Coordinator, via e-mail at WHA– comment contains confidential Venture, L.L.C., an application for a [email protected]; by phone at information, then the comment should Presidential permit to authorize the 202–647–9894; or by mail at WHA/ be submitted by fax only to Sandy construction, operation, and MEX—Room 3909, Department of State, McKinzy at (202) 395–3640. maintenance of a new international 2201 C St. NW., Washington, DC 20520. FOR FURTHER INFORMATION CONTACT: pedestrian bridge called the San Diego- General information about Presidential Marı´a L. Paga´n, Associate General Tijuana Airport Cross Border Facility Permits is available on the Internet at Counsel, Office of the United States (CBF) on the U.S.-Mexico border near http://www.state.gov/p/wha/rt/permit/. Trade Representative, 600 17th Street, San Diego, California and Tijuana, Baja SUPPLEMENTARY INFORMATION: This NW., Washington, DC 20508, (202) 395– California, Mexico. According to the application and supporting documents 9626. application, Otay-Tijuana Venture, are available for review in the Office of SUPPLEMENTARY INFORMATION: USTR is L.L.C., is a company created under Mexican Affairs during normal business providing notice that consultations have Delaware law and consists of companies hours. been requested pursuant to the WTO owned by American and Mexican Understanding on Rules and Procedures investors with experience in real estate, Dated: September 28, 2009. Governing the Settlement of Disputes corporate investing, and airport Alex Lee, (‘‘DSU’’). If such consultations should operations. Otay-Tijuana Venture, L.L.C. Director, Office of Mexican Affairs, fail to resolve the matter and a dispute states that it is undertaking the project Department of State. settlement panel is established pursuant as a for-profit, commercial activity. [FR Doc. E9–23812 Filed 10–1–09; 8:45 am] to the DSU, such panel, which would According to the application, the CBF BILLING CODE 4710–29–P hold its meetings in Geneva, would enable ticketed airline passengers Switzerland, would be expected to issue to travel between Mexico’s Tijuana a report on its findings and International Airport (TIJ) and San OFFICE OF THE UNITED STATES recommendations within nine months Diego, California, via an enclosed, TRADE REPRESENTATIVE after it is established. elevated pedestrian bridge. The CBF will consist of: a main building on the [Docket No. WTO/DS399/1] Major Issues Raised by China U.S. side of the border housing U.S. WTO Dispute Settlement Proceeding On September 14, 2009, China Customs and Border Protection (CBP) Regarding United States—Certain requested consultations regarding inspection facilities along with shops Measures Affecting Imports of Certain restrictions recently announced by the and services to accommodate travelers; Passenger Vehicle and Light Truck United States on imports of Chinese an approximately 525-foot pedestrian Tires From China tires. According to China, these bridge from the main building on the restrictions take the form of U.S. side connecting into TIJ’s passenger AGENCY: Office of the United States substantially higher tariffs over the next terminal on the Mexican side; and Trade Representative. three years well in excess of the tariff parking facilities and areas for car ACTION: Notice; request for comments. rates permitted under U.S. international rentals and potentially bus service on obligations to China. The restrictions the U.S. side. According to the SUMMARY: The Office of the United were announced on September 11, 2009, application, the CBF would allow States Trade Representative (‘‘USTR’’) is by U.S. authorities following an passengers to bypass San Diego’s providing notice that on September 14, investigation pursuant to section 421 of congestion-prone ports of entry and 2009, the People’s Republic of China the Trade Act of 1974, as amended (19 avoid driving through the City of (‘‘China’’) requested consultations with U.S.C. 2451). The report by the U.S. Tijuana. the United States under the Marrakesh International Trade Commission issued The Department’s jurisdiction over Agreement Establishing the World Trade as part of the investigation can be found this application is based upon Executive Organization (‘‘WTO Agreement’’) with at Certain Passenger Vehicle and Light Order 11423 of August 16, 1968, as respect to certain measures affecting the Truck Tires from the People’s Republic amended. As provided in E.O. 11423, import of certain passenger vehicle and of China, Investigation No. TA–421–7, the Department is circulating this light truck tires from China (China tires) USITC Publication No. 4085 (July 2009). application to relevant Federal and State into the United States. That request may The decision by the President can be agencies for review and comment. be found at http://www.wto.org found in the Proclamation issued by Under E.O. 11423, the Department has contained in a document designated as President Obama on September 11, the responsibility to determine, taking WT/DS399/1. USTR invites written 2009. The measures are to take effect on into account input from these agencies comments from the public concerning September 26, 2009. The request and other stakeholders, whether the issues raised in this dispute. purports to include any other measures

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the United States may announce to attached, it is sufficient to type ‘‘See pursuant to 15 CFR 2006.13, except implement the decision. attached’’ in the ‘‘Type Comment and confidential business information China alleges that the higher tariffs, Upload File’’ field. exempt from public inspection in not having been justified as emergency A person requesting that information accordance with 15 CFR 2006.15 or action under relevant WTO rules, are contained in a comment submitted by information determined by USTR to be inconsistent with Article I:1 of the that person be treated as confidential confidential in accordance with 19 General Agreement on Tariffs and Trade business information must certify that U.S.C. 2155(g)(2). Comments open to 1994 (‘‘GATT 1994’’). China also alleges such information is business public inspection may be viewed on the that these measures have not been confidential and would not customarily http://www.regulations.gov Web site. properly justified pursuant to Article be released to the public by the XIX of the GATT 1994 and the WTO submitter. Confidential business Daniel Brinza, Agreement on Safeguards. China also information must be clearly designated Assistant United States Trade Representative alleges that these measures have not as such and the submission must be for Monitoring and Enforcement. been properly justified as China-specific marked ‘‘BUSINESS CONFIDENTIAL’’ [FR Doc. E9–23829 Filed 10–1–09; 8:45 am] restrictions under the Protocol on the at the top and bottom of the cover page BILLING CODE 3190–W9–P Accession of the People’s Republic of and each succeeding page. Any China (Protocol of Accession). comment containing business Furthermore, China alleges that the confidential information must be DEPARTMENT OF TRANSPORTATION U.S. statute authorizing these China- submitted by fax to Sandy McKinzy at specific restrictions is inconsistent on (202) 395–3640. A non-confidential Surface Transportation Board its face with Article 16 of the Protocol summary of the confidential [STB Finance Docket No. 35259] of Accession because, according to information must be submitted to China, the statute impermissibly defines http://www.regulations.gov. The non- Boise Valley Railroad, Inc.— ‘‘significant cause’’ more narrowly than confidential summary will be placed in Assignment of Lease Exemption— required by the ordinary meaning of the the docket and open to public Union Pacific Railroad Company and phrase as used in Article 16.4 of the inspection. Idaho Northern & Pacific Railroad Protocol of Accession. Finally, China Information or advice contained in a Company alleges that each measure, as applied, is comment submitted, other than business also inconsistent with the Protocol of confidential information, may be Boise Valley Railroad, Inc. (BVR), a Accession. determined by USTR to be confidential noncarrier, has filed a verified notice of in accordance with section 135(g)(2) of exemption under 49 CFR 1150.31 to Public Comment: Requirements for the Trade Act of 1974 (19 U.S.C. acquire by assignment of lease from Submissions 2155(g)(2)). If the submitter believes that Idaho Northern and Pacific Railroad Interested persons are invited to information or advice may qualify as Company (INPR) the operating and lease submit written comments concerning such, the submitter— rights over approximately 35.99 miles the issues raised in this dispute. Persons (1) Must clearly so designate the (not including yard tracks) of rail lines may submit public comments information or advice; owned by Union Pacific Railroad electronically to http:// (2) Must clearly mark the material as Company (UP). The lines BVR seeks to www.regulations.gov docket number ‘‘SUBMITTED IN CONFIDENCE’’ at the acquire by assignment of lease are: (i) USTR–2009–0035. If you are unable to top and bottom of the cover page and between milepost 0.2, near Caldwell, ID, provide submissions by http:// each succeeding page; and and milepost 11.39, at Wilder; ID; (ii) www.regulations.gov, please contact (3) Must provide a non-confidential between milepost 443.0, near Hillcrest, Sandy McKinzy at (202) 395–9483 to summary of the information or advice. ID, and milepost 467.8, at Nampa, ID; arrange for an alternative method of Any comment containing confidential and (iii) track numbers 40, 401, 402, transmission. information must be submitted by fax. A 403, 404, 406, 407, 408, 409, 410, 411, To submit comments via http:// non-confidential summary of the 412, 413, 414, and 415 in UP’s Nampa www.regulations.gov, enter docket confidential information must be Yard, at Nampa. BVR will also acquire number USTR–2009–0035 on the home submitted to http:// by assignment from INPR approximately page and click ‘‘search’’. The site will www.regulations.gov. The non- 12.11 miles of incidental trackage rights provide a search-results page listing all confidential summary will be placed in over two segments of UP’s lines in order documents associated with this docket. the docket and open to public to interchange traffic with UP at Nampa Find a reference to this notice by inspection. and to access one of the leased lines. selecting ‘‘Notice’’ under ‘‘Document USTR will maintain a docket on this The incidental trackage rights BVR Type’’ on the left side of the search- dispute settlement proceeding seeks to acquire by assignment of lease results page, and click on the link accessible to the public. The public file are between: (i) milepost 465.91, at entitled ‘‘Submit a Comment.’’ (For will include non-confidential comments Caldwell, and milepost 454.0, at Nampa; further information on using the received by USTR from the public with and (ii) milepost 465.91, at Caldwell, http://www.regulations.gov Web site, respect to the dispute; if a dispute and milepost 0.2, near Caldwell, on the please consult the resources provided settlement panel is convened or in the Wilder Branch.1 on the Web site by clicking on ‘‘How to event of an appeal from such a panel, This transaction is related to the Use This Site’’ on the left side of the the U.S. submissions, any non- concurrently filed notice of exemption home page.) confidential submissions, or non- in STB Finance Docket No. 35260, The http://www.regulations.gov site confidential summaries of submissions, Watco Companies, Inc—Continuance in provides the option of providing received from other participants in the Control Exemption—Boise Valley comments by filling in a ‘‘Type dispute; the report of the panel; and, if Comment and Upload File’’ field, or by applicable, the report of the Appellate 1 According to BVR, neither the assignment of lease between INPR and BVR nor the lease attaching a document. It is expected that Body. agreement being assigned contains any provision most comments will be provided in an Comments will be placed in the that would prohibit BVR from interchanging traffic attached document. If a document is docket and open to public inspection with a third party.

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Railroad, Inc. In that proceeding, Watco DEPARTMENT OF TRANSPORTATION transaction is not part of a series of seeks to continue in control of BVR, anticipated transactions that would upon BVR’s becoming a Class III rail Surface Transportation Board connect these rail lines with any other carrier. [STB Finance Docket No. 35260] railroad in the Watco corporate family; The transaction is scheduled to be and (3) the transaction does not involve a Class I rail carrier. Therefore, the consummated on or after October 16, Watco Companies, Inc.—Continuance transaction is exempt from the prior 2009, (the effective date of the in Control Exemption—Boise Valley Railroad, Inc. approval requirements of 49 U.S.C. exemption). 11323. See 49 CFR 1180.2(d)(2). BVR certifies that its projected annual Watco Companies, Inc. (Watco), a Under 49 U.S.C. 10502(g), the Board revenues as a result of this transaction noncarrier, has filed a verified notice of may not use its exemption authority to will not result in BVR becoming a Class exemption under 49 CFR 1180.2(d)(2) to relieve a rail carrier of its statutory II or Class I rail carrier and further continue in control of Boise Valley obligation to protect the interests of its certifies that its projected annual Railroad, Inc. (BVR), upon BVR’s employees. Section 11326(c), however, 1 revenue will not exceed $5 million. becoming a Class III rail carrier. does not provide for labor protection for This transaction is related to a transactions under sections 11324 and Pursuant to the Consolidated concurrently filed verified notice of 11325 that involve only Class III rail Appropriations Act, 2008, Public Law exemption in STB Finance Docket No. carriers. Accordingly, the Board may not 110–161, § 193, 121 Stat. 1844 (2007), 35259, Boise Valley Railroad, impose labor protective conditions here ¥ nothing in this decision authorizes the Inc. Assignment of Lease Exemption– because all of the carriers involved are following activities at any solid waste Union Pacific Railroad Company and Class III carriers. rail transfer facility: collecting, storing Idaho Northern & Pacific Railroad If the verified notice contains false or or transferring solid waste outside of its Company. In that proceeding, BVR seeks misleading information, the exemption original shipping container; or an exemption under 49 CFR 1150.31 to is void ab initio. Petitions to revoke the separating or processing solid waste acquire by assignment of lease from exemption under 49 U.S.C. 10502(d) (including baling, crushing, compacting Idaho Northern & Pacific Railroad may be filed at any time. The filing of and shredding). The term ‘‘solid waste’’ Company (INPR) the operating and lease a petition to revoke will not is defined in section 1004 of the Solid rights over approximately 35.99 miles automatically stay the effectiveness of Waste Disposal Act, 42 U.S.C. 6903. (not including yard track) of rail line the exemption. Stay petitions must be owned by Union Pacific Railroad If the verified notice contains false or filed no later than October 9, 2009 (at Company (UP). BVR will also acquire least 7 days before the exemption misleading information, the exemption from INPR approximately 12.11 miles of is void ab initio. Petitions to revoke the becomes effective). incidental trackage rights over two An original and 10 copies of all exemption under 49 U.S.C. 10502(d) segments of UP’s lines in order to pleadings, referring to STB Finance may be filed at any time. The filing of interchange traffic with UP at Nampa, Docket No. 35260, must be filed with a petition to revoke will not ID, and to access one of the leased lines. the Surface Transportation Board, 395 E automatically stay the effectiveness of The parties intend to consummate the Street, SW., Washington, DC 20423– the exemption. Petitions to stay must be transaction on or shortly after October 0001. In addition, one copy of each filed no later than October 9, 2009 (at 16, 2009 (the effective date of this pleading must be served on Karl Morell, least 7 days before the exemption notice). Of Counsel, Ball Janik, LLP, Suite 225, becomes effective). Watco currently controls 21 Class III 1455 F Street, NW., Washington, DC An original and 10 copies of all rail carriers: South Kansas and 20005. Oklahoma Railroad Company, Palouse pleadings, referring to STB Finance Board decisions and notices are River & Coulee City Railroad, Inc., Docket No. 35259 must be filed with the available on our Web site at http:// Timber Rock Railroad, Inc., Stillwater Surface Transportation Board, 395 E www.stb.dot.gov. Central Railroad, Inc., Eastern Idaho Decided: September 28, 2009. Street, SW., Washington, DC 20423– Railroad, Inc., Kansas & Oklahoma 0001. In addition, a copy must be served By the Board, Rachel D. Campbell, Railroad, Inc., Pennsylvania Director, Office of Proceedings. on Karl Morell, Of Counsel, Ball Janik Southwestern Railroad, Inc., Great Jeffrey Herzig, LLP, Suite 225, 1455 F Street, NW., Northwest Railroad, Inc., Kaw River Washington, DC 20005. Railroad, Inc., Mission Mountain Clearance Clerk. Board decisions and notices are Railroad, Inc., Mississippi Southern [FR Doc. E9–23756 Filed 10–1–09; 8:45 am] available on our Web site at http:// Railroad, Inc., Yellowstone Valley BILLING CODE 4915–01–P www.stb.dot.gov. Railroad, Inc., Louisiana Southern Railroad, Inc., Arkansas Southern Decided: September 28, 2009. Railroad, Inc., Alabama Southern DEPARTMENT OF THE TREASURY By the Board, Rachel D. Campbell, Railroad, Inc., and Vicksburg Southern Director, Office of Proceedings. Railroad, Inc., Austin Western Railroad, Financial Crimes Enforcement Network Kulunie L. Cannon, Inc., Baton Rouge Southern Railroad, Proposed Collection; Comment Clearance Clerk. LLC, L.L.C., Grand Request; Currency Transaction Report [FR Doc. E9–23758 Filed 10–1–09; 8:45 am] Elk Railroad, and Alabama Warrior AGENCY: BILLING CODE 4915–01–P Railway, L.L.C. Financial Crimes Enforcement Watco represents that: (1) The rail Network, Treasury. lines to be operated by BVR do not ACTION: Notice and request for connect with any other railroads in the comments. Watco corporate family; (2) the SUMMARY: As part of its continuing effort 1 Watco owns 100% of the issued and outstanding to reduce paperwork and respondent stock of BVR. burden, the Financial Crimes

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Enforcement Network (FinCEN) invites 103. The authority of the Secretary to approval. All comments will become a comment on the proposed renewal administer the Bank Secrecy Act has matter of public record. Comments are without change of the Currency been delegated to the Director of invited on: (a) Whether the collection of Transaction Report (CTR), FinCEN Form FinCEN. information is necessary for the proper 104. This request for comment is being Section 5313(a) of the Bank Secrecy performance of the functions of the made pursuant to the Paperwork Act authorizes the Secretary to issue agency, including whether the Reduction Act of 1995, Public Law 104– regulations that require a report when information shall have practical utility; 13, 44 U.S.C. 3506(c)(2)(A). ‘‘a domestic financial institution is (b) the accuracy of the agency’s estimate DATES: Written comments are welcome involved in a transaction for the of the burden of the collection of and must be received on or before payment, receipt, or transfer of United information; (c) ways to enhance the December 1, 2009. States coins or currency (or other quality, utility, and clarity of the information to be collected; (d) ways to ADDRESSES: Written comments should monetary instruments the Secretary be submitted to: Regulatory Policy and prescribes), in an amount, minimize the burden of the collection of information on respondents, including Programs Division, Financial Crimes denomination, or amount and through the use of automated collection Enforcement Network, Department of denomination, or under circumstances techniques or other forms of information the Treasury, P.O. Box 39, Vienna, the Secretary prescribes.’’ Regulations technology; and (e) estimates of capital Virginia 22183, Attention: PRA implementing section 5313(a) are found or start-up costs and costs of operation, Comments—CTR–Currency Transaction at 31 CFR 103.22. In general, the maintenance, and purchase of services Report, FinCEN Form 104. Comments regulations require the reporting of to provide information. also may be submitted by electronic transactions in currency to, by, or mail to the following Internet address: through a financial institution in excess Dated: September 28, 2009. [email protected], again with a of $10,000 by or on behalf of any one James H. Freis, Jr., caption, in the body of the text, person in any one-business day. Director, Financial Crimes Enforcement ‘‘Attention: PRA Comments—CTR– Financial institutions, as defined in 31 Network. Currency Transaction Report, FinCEN U.S.C. 5312(a)(2) and 31 CFR 103.11, are [FR Doc. E9–23750 Filed 10–1–09; 8:45 am] subject to the currency transaction Form 104.’’ BILLING CODE 4810–02–P Inspection of comments. Comments reporting requirement. The Currency received may be inspected, between 10 Transaction Report, FinCEN Form 104, a.m. and 4 p.m., in the FinCEN reading is the form that financial institutions DEPARTMENT OF VETERANS room in Vienna, VA. Persons wishing to use to comply with the currency AFFAIRS inspect the comments submitted must transaction reporting requirements. [OMB Control No. 2900–0227] request an appointment with the Current action: This is a renewal without change of a currently approved Disclosure Officer by telephoning (703) Agency Information Collection 905–5034 (not a toll free call). collection. A copy of the Currency Transaction Report, FinCEN Form 104, (Nutrition and Food Services) FOR FURTHER INFORMATION CONTACT: The may be obtained from the FinCEN Web Activities Under OMB Review FinCEN Regulatory Helpline at (800) site at http://www.fincen.gov/forms/ AGENCY: Veterans Health 949–2732, select option 3. _ fin104 ctr., or by calling (800) 949– Administration, Department of Veterans SUPPLEMENTARY INFORMATION: 2732 and selecting option 5. Affairs. Title: Currency Transaction Report Type of Review: Renewal of a ACTION: Notice. (CTR), 31 CFR 103.22(b). currently approved information OMB Number: 1506–0004. collection. SUMMARY: In compliance with the Form Number: FinCEN Form 104. Affected Public: Business or other for- Paperwork Reduction Act (PRA) of 1995 Abstract: The statute generally profit and non-profit institutions. (44 U.S.C. 3501–3521), this notice referred to as the ‘‘Bank Secrecy Act,’’ Frequency: As required. announces that the Veterans Health Titles I and II of Public Law 91–508, as Estimated Burden: Reporting average Administration (VHA), Department of amended, codified at 12 U.S.C. 1829b, of 20 minutes per response. Form Veterans Affairs, will submit the 12 U.S.C. 1951–1959, and 31 U.S.C. recordkeeping average of ten (10) collection of information abstracted 5311–5332, authorizes the Secretary of minutes per response, for a total of 30 below to the Office of Management and the Treasury (Secretary), inter alia, to minutes. Budget (OMB) for review and comment. require financial institutions to keep Estimated number of respondents = The PRA submission describes the records and file reports that are 54,000. nature of the information collection and determined to have a high degree of Estimated Total Annual Responses = its expected cost and burden and usefulness in criminal, tax, and 13,710,000. includes the actual data collection regulatory investigations or proceedings, Estimated Total Annual Burden instrument. or in the conduct of intelligence or Hours: 6,855,000. DATES: counter-intelligence activities, to protect An agency may not conduct or Comments must be submitted on against international terrorism, and to sponsor, and a person is not required to or before November 2, 2009. implement counter-money laundering respond to, a collection of information ADDRESSES: Submit written comments programs and compliance procedures.1 unless the collection of information on the collection of information through Regulations implementing Title II of the displays a valid OMB control number. http://www.Regulations.gov; or to VA’s Bank Secrecy Act appear at 31 CFR Part Records required to be retained OMB Desk Officer, OMB Human pursuant to the Bank Secrecy Act must Resources and Housing Branch, New 1 Language expanding the scope of the Bank be retained for five years. Executive Office Building, Room 10235, Secrecy Act to intelligence or counter-intelligence Washington, DC 20503 (202) 395–7316. activities to protect against international terrorism Request for Comments Please refer to ‘‘OMB Control No. 2900– was added by Section 358 of the Uniting and 0227’’ in any correspondence. Strengthening America by Providing Appropriate Comments submitted in response to Tools Required to Intercept and Obstruct Terrorism this notice will be summarized and/or FOR FURTHER INFORMATION CONTACT: (USA PATRIOT) Act of 2001, Public Law 107–56. included in the request for OMB Denise McLamb, Enterprise Records

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Service (005R1B), Department of preparation and advanced food delivery Affected Public: Individuals or Veterans Affairs, 810 Vermont Avenue, systems. Meals are an integral part of a households. NW., Washington, DC 20420, (202) 461– patient’s therapy. VA Form 10–5387 Estimated Total Annual Burden: 7485, fax (202) 273–0443 or e-mail will be used to collect and evaluate 4,187. [email protected]. Please information needed to determine Estimated Average Burden per refer to ‘‘OMB Control No. 2900–0227.’’ whether improvements are needed to Respondent: 2 minutes. SUPPLEMENTARY INFORMATION: enhance patient’s nutritional therapy. Frequency of Response: Quarterly. Titles: Customer Satisfaction Survey An agency may not conduct or Estimated Number of Respondents: for Nutritional and Food Service. sponsor, and a person is not required to 125,600. OMB Control Number: 2900–0227. respond to a collection of information Dated: September 29, 2009. Type of Review: Revision of a unless it displays a currently valid OMB currently approved collection. control number. The Federal Register By direction of the Secretary. Abstract: VA will use the data Notice with a 60-day comment period Denise McLamb, collected to determine the level of soliciting comments on this collection Program Analyst, Enterprise Records Service. patient satisfaction and quality of of information was published on July [FR Doc. E9–23766 Filed 10–1–09; 8:45 am] service resulting from advanced food 29, 2009, at pages 37773–37774. BILLING CODE 8320–01–P

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Part II

National Archives and Records Administration 36 CFR Chapter XII, Subchapter B Federal Records Management; Revision; Final Rule

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NATIONAL ARCHIVES AND RECORDS Specific issues raised in the comments between record/nonrecord status of ADMINISTRATION and how we address them in this final documentary materials and expressed a rule follow. view that virtually all documentary 36 CFR Chapter XII, Subchapter B materials meet the definition of a Use of ISO 15489 [FDMS Docket NARA–08–0004] Federal record and need to be managed Several comments addressed use of using records management principles. RIN 3095–AB16 ISO 15489–1:2001, Records While we have clarified some sections Management—Part 1: General in the in response to specific comments, we Federal Records Management; regulation. Most supported its use and note that 44 U.S.C. 3301 defines what is Revision several suggested additional clauses to a Federal record and 44 U.S.C. 3101 reference in specific parts, which we assigns to Federal agencies the AGENCY: National Archives and Records have adopted. The former agency Administration (NARA). responsibility to determine what records records management official must be made and preserved for ACTION: Final rule. recommended a greater emphasis in the adequate and proper documentation. regulations on the ISO 15489–1 SUMMARY: As part of its initiative to concepts of risk and business need. We Definition of Terms in § 1220.18 redesign Federal records management, believe that these concepts are implicit NARA is revising and reorganizing the Several comments concerned the in the regulations. NARA guidance and definitions, or omissions of definitions, existing regulations on Federal records training emphasize how to apply these management to update records from § 1220.18, which provides concepts. definitions of terms used throughout management strategies and techniques ARMA International advised against and to make the regulations easier to subchapter B. citing the standard because it is In response to one comment on the read, understand, and use. This rule undergoing transformation into an ISO will affect Federal agencies. definition of Adequate and proper Management System Standard for documentation, we note that the DATES: This rule is effective on Records Management and has not been definition is unchanged from the November 2, 2009. The incorporation by adopted as an American National previous definition. reference of the publications listed in Standard in the United States. We did Two comments suggested that the the rule is approved by the Director of not accept this comment. NARA definition of Electronic records belongs the Federal Register as of November 2, guidance and training for some time has here rather than only in part 1236, 2009. emphasized the principles contained in Electronic Records Management; in FOR FURTHER INFORMATION CONTACT: ISO 15489–1. NARA is a participant response to these comments, we have Laura McCarthy at phone number 301– with ARMA in the international moved the definition to § 1220.18. standards (ISO) committee responsible 837–3023 or fax number 301–837–0319. We modified the definition of for the standard and we believe that it SUPPLEMENTARY INFORMATION: Nonrecord materials to use the term is useful to records managers. We ‘‘documentary materials’’ instead of Background recognize that when the standard is ‘‘informational materials,’’ as suggested replaced some time in the future by a On August 4, 2008, at 73 FR 45274, by one comment. new Management System Standard, the NARA published a proposed rule to One agency recommended that the regulations will have to be modified. revise and reorganize the Federal definition of Records maintenance and The records management consultant records management regulations use be restored because agencies may suggested that it wasn’t necessary to cite contained in 36 CFR Chapter XII, misinterpret the meaning of the term. the ISO standard in each part; we did Subchapter B. We received timely We have added a new definition that not adopt this comment based on the comments from 12 Federal agencies, emphasizes that the term covers responses from the agencies and four agency records officers who did not management and handling of records recognition that users frequently consult identify their comments as agency after creation or receipt and before final one or more specific Code of Federal responses, one former Federal agency disposition. Regulations (CFR) parts and not the records management professional, and One agency suggested that we use a whole subchapter, when looking for one records management consultant and simpler definition of Records specific information. practitioner. We also considered a late management provided by the Society of comment submitted by a professional Updating Agency Guidance To Reflect American Archivists. We have retained organization. Subchapter B Restructuring the statutory definition from 44 U.S.C. Discussion of Comments Two comments noted that while the 2901. We modified the introduction of the General Overview revisions were helpful and much needed, the renumbering and definition of Records schedule or Two agencies concurred without reorganization of the regulations will schedule to clarify that the definition further comment. Several agencies and require agencies that reference specific could mean any of the three sub-items, records officers offered their support for CFR sections in their internal policies to since this was not clear to a couple of most of the revisions, noting that the update their citations. We have added a reviewers. We did not adopt a new regulations are easier to use and Derivation Table as an appendix to this recommendation that we add ‘‘or understand, while also addressing preamble to assist agencies in equivalent’’ to the first sub-item to allow specific issues that caused them performing that update. We note that for future changes in process using the concern. The comments from the former agencies should review their agency Electronic Records Archives; at this agency records management official internal policies, in any case, to time we do not anticipate such a need. recommended that the regulation be incorporate changes in the regulations. Finally, we did not move the ‘‘fundamentally rethought in light of the definition of Vital records from § 1223.2, born-digital, end-user environment in Record/Nonrecord Confusion as suggested by one comment, because which agencies operate today’’ and One commenter advised that NARA the term is used primarily in part 1223 offered suggestions for doing so. focused too strongly on the distinction and the few other references in other

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sections clearly associate the term with § 1220.18 as recorded information, we ‘‘documentary materials’’ is the correct part 1223. accepted a comment to drop wording. ‘‘documentary materials’’ from the title A former agency records management Other General Comments of the section. We also struck the official asked a series of questions about Two comments suggested that NARA reference to ‘‘recorded information’’ in application of the discussion, but did provide a section in part 1220 that lists the text of the section. not offer suggestions for change. He also the NARA offices and common Discussion of the comments on the asked whether information that an acronyms referenced throughout the definitions in § 1220.18 were addressed agency does not deem ‘‘appropriate for CFR Subchapter B. We agree and have earlier in this SUPPLEMENTARY preservation’’ is a temporary added § 1220.20, What NARA acronyms INFORMATION. (disposable) record or nonrecord are used in this subchapter? Three comments were received on material. The discussion of the meaning One comment applauded the § 1220.32. One records officer asked for of ‘‘appropriate for preservation’’ makes reference to industry (i.e., voluntary definitions of the terms ‘‘authentic,’’ the point that documentary material that consensus) standards that are relevant to ‘‘reliable,’’ and ‘‘useable’’ when applied the agency believes should be filed, records management, but expressed to records; paragraphs (a) through (f) stored or otherwise systematically concern over the expense to agencies of explain how agencies create and maintained is a record even if the purchasing these standards. We note maintain such records. In response to an materials are not covered by the current that this final rule specifies in each part agency comment, we have deleted from filing or maintenance procedures. that incorporates a standard by § 1220.32(a) a requirement for Three agencies expressed serious reference where the standard may be concern with the change in the specifying the form or format of each inspected or purchased. We also note specification in § 1222.12(c) of record, which is not necessary with that most of the standards were also conditions for determining that working media-neutral records scheduling. In incorporated by reference in the files are records. The previous response to another agency comment, previous NARA regulations. regulations specified that both of two we amended paragraph (b) of this One comment asked what reports, if conditions must be met; the proposed section to incorporate a requirement for any, NARA must make to Congress and rule changed this to an ‘‘or.’’ As two of ensuring the integrity of records. the Office of Management and Budget the agencies pointed out, the revision (OMB), since the revised regulation does One agency asked for more guidance would require retention as a record of not include the information contained on § 1220.34(c), which requires agencies even non-substantive editorial changes in the previous § 1220.16. NARA makes to issue a records management directive, to preliminary drafts made by anyone the reports specified under 44 U.S.C. to disseminate it throughout the agency, other than the creator. In response to 2904(c)(8) as part of our Performance and to send a copy to NARA. This is an these comments, this final rule restores and Accountability Act and other existing requirement; NARA expects to the requirement that both conditions be special reports. In response to a receive the agency wide directive. met. comment from another individual, we Another agency recommended that we One agency suggested that we did add a reference in § 1239.20 to the specify in § 1220.34(j) that agencies reference the § 1220.18 definition of reporting that NARA will make to must audit their records management record in § 1222.12(b). We do not Congress and OMB on the results of program to keep it up to date. We believe this is needed as the reference inspections. accepted this comment, modifying the is contained in § 1222.12(a). We did not adopt one comment that proposed wording slightly. Another agency felt the proposed suggested we include a section that Comments on Part 1222—Creation and change to the second sentence in provides minimum qualifications for Maintenance of Federal Records § 1222.12(d) relating to multiple copies records officers and a process that was confusing. We have restored the would promote direct communication We received several comments on the wording used in the previous between the designated records officer terms explained in § 1222.10(b). In regulation. and the head of the agency. We believe response to two comments that the One agency commended NARA for that these issues can and should be discussion of ‘‘documentary materials’’ the clarity of the guidance on addressed outside the regulatory did not match our earlier definition, we identification and management of process. We note, for example, that revised the wording to state that it has nonrecord material in § 1222.14, while a NARA has established a records the meaning provided in the definition former agency records professional management training certification in § 1220.18. One comment on ‘‘made’’ recommended removing the reference to program and meets regularly with senior asked that we define ‘‘official duties’’ to the volume of nonrecord materials agency officials on records management distinguish them from other types of because in his view, this cannot be issues, emphasizing the role of the duties that would not result in the proven and it leads people to suspect records officer. creation of records; we do not think that that much of their documentary such a definition is needed. materials are nonrecord. We did not Comments on Part 1220—Federal We also received two comments on remove the reference. However, we Records; General ‘‘preserved.’’ One agency suggested that agreed with this commenter and another One comment suggested revising the we clarify the discussion by indicating agency comment that the examples of wording of § 1220.12(c) to emphasize that it covers documentary materials in extra copies of documents that the appraisal process and any medium; we agree and have made (§ 1222.12(b)(1)–(4)) should be removed Archivist’s determination involve both the change. One agency asked if the because the examples were confusing temporary and permanent records. We phrase ‘‘maintaining documentary and difficult to interpret; we have have clarified the paragraph, although materials’’ should be stated as removed that item from § 1222.12. we did not use the suggested wording. ‘‘maintaining record material’’; since One comment asked that we The title and text of § 1220.16 referred this paragraph is addressing only one of emphasize in § 1222.16 that nonrecord to both recorded information and the criteria for determining that materials be organized, accessible and documentary materials. Since documentary material meets the usable (the same as records) for as long ‘‘documentary materials’’ are defined in definition of Federal record, as needed. We do not agree; if the

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agency has documentary materials that private papers and Federal records documentation of e-mail, phone calls, must be organized and available for use should always be separate and clearly etc. We believe that § 1222.26, when in conducting agency business, it is marked. We did not delete this taken in conjunction with § 1222.28, likely that the materials meet the provision, which has been contained in provides this requirement. Section definition of Federal record. Another the NARA regulation on personal papers 1222.26 is focused on maintenance comment suggested that we not use the for a number of years. Agencies have the requirements. The commenter also term nonrecord materials but refer to discretion to require the retention of the suggested that § 1222.28(e) should focus them as documentary materials that can original document containing the on determining and standardizing the generally be purged; we do not find this private matters as the agency record or retention of working files for specific suggestion helpful. to do as § 1220.20(b)(2) allows. types of transactions rather than A third comment asked for One agency suggested adding three determining which working files are clarification on what needs to be done additional types of records to the list in records; we did not adopt this to separate electronic records and non- § 1222.22 that must be created and suggestion. We agree with his premise records. We note that § 1222.16(b)(2) maintained. Two items—documenting that working files necessary to conduct requires that electronic non-record the National experience and the work of the agency should meet the materials be readily identified and contributing substantially to scientific definition of a record; this paragraph is segregable from records; agencies have knowledge—are criteria that NARA uses requiring agencies to identify what discretion to specify how that should be in appraising records, and not separate working files meet the conditions in accomplished in their working categories of adequate documentation of § 1222.12(c) to be a record. Determining environment. The proposed wording of agency business. The third item— and standardizing the retention of § 1222.20(b)(2) limited its applicability documenting data on the observation of working files for specific types of to electronic non-record materials natural phenomena—is specific to a transactions should be done in maintained in an electronic repository. subset of agencies and covered, we conjunction with the scheduling process In the course of reviewing this believe, in paragraph (a) on prescribed in part 1225. comment, we determined that it should documenting the persons, places, things Two agencies and one individual be applicable to all electronic non- or matters dealt with by the agency. commented on § 1222.32. One agency record materials. An individual asked for clarification stated that the language is clear and One agency stated that § 1222.18(d) of a number of items, including the unambiguous, while the other agency might be confusing because agencies relationship of §§ 1222.22 and 1222.24 asked for additional stronger language have specific program requirements for to the requirement in § 1220.30 to in several areas, including regarding telework and information document essential transactions, when contractor records belong to the dissemination. The comment suggested whether there are agency activities that government, the authority of record that NARA should elaborate with aren’t included in the list in § 1222.22, managers to determine whether contract instructions for following agency and whether all employees are agency records belong to the government, and program requirements. We did not officials. He suggested that agencies be that contractors must follow agency adopt this comment. Agency records required to identify essential records management requirements. We management requirements relating to transactions and that NARA recommend believe that these issues are clearly telework and authorized information that agencies take a risk management addressed in §§ 1222.32(b), (a)(3), and dissemination should be addressed in approach to determine what is needed (a)(2), respectively. The agency also the agency controls over creation, to ensure adequate and proper asked for a statement that all records maintenance and use of records in the documentation. Section 1222.22 created or stored on government conduct of current business (see specifies in broad terms the types of networks are the property of the §§ 1220.30(c)(1) and 1220.32). records that agencies must create and government and to have a sample list of One agency recommended that the maintain in order to carry out their the types of contractor records the regulation retain the examples of statutory responsibility (44 U.S.C. 3101, government has no interest in. We also personal files rather than direct users to as cited in § 1220.30) to ‘‘make and did not adopt these comments. As we NARA publications that provide more preserve adequate and proper noted previously with the comment on detailed discussion. The agency documentation of the organization, telework policy, policies relating to suggested that employees needed to see functions, policies, decisions, storing records on government networks this in the regulation itself. We did not procedures and essential transactions of should be addressed in the agency adopt this comment. The examples are the agency * * *.’’ We believe that the controls over creation, maintenance and not regulatory, and the NARA wording of § 1222.22 is sufficient to use of records in the conduct of current publication Documenting Your Public identify essential transactions as well as business (see §§ 1220.30(c)(1) and Service has been used by a number of the other categories of information 1220.32). There is no single list of agencies to brief their personnel on the specified in 44 U.S.C. 3101. Section examples of contractor records that issue. We also note that the regulation 1222.24 states how agencies are to carry would be applicable to all contracts. contains the definition of personal files out the responsibilities in § 1220.30. The individual recommended that we in § 1220.18, which is referenced in One agency recommended modify the language of § 1222.32(a)(4) to § 1220.20(a). incorporating language from read ‘‘* * * sufficient technical Another agency expressed concern § 1224.10(d) relating to addressing documentation to permit understanding with § 1220.20(b)(2), which allows records management requirements and use of the records and data,’’ agencies to redact information about during the planning stages of an because ‘‘use’’ alone could be very private matters on a copy of the information technology system in narrowly interpreted. We have made document and treat that copy as the §§ 1222.24 or 1222.26, or both. We did this change. agency record if it was improperly not adopt this comment. The provision One agency commented that mixed with agency business in a is explicitly addressed in § 1220.34(d) § 1222.34(d) should include a received document that is a Federal and (e) and § 1236.12. requirement to ensure that electronic record. The agency stated that redacting One commenter suggested adding a records are migrated to future the original affects its authenticity; requirement to § 1222.28 to create technology to ensure their readability.

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We did not adopt this comment. § 1220.34; we did not adopt this One agency expressed concern with Paragraph (b) of this section requires suggestion. We note that § 1224.10(e) the requirement to schedule agency Web agencies to maintain electronic records and § 1220.34(f) require agencies to sites in § 1225.22(h), noting that the in accordance with 36 CFR part 1236; provide training and guidance to all requirement creates a burden on NARA one of the requirements in part 1236 employees on records management and agencies. We note that this addresses migration. In response to a responsibilities. Another agency asked requirement is consistent with both the comment from an individual, we have that § 1224.10(b) state the time frame for Managing Web Records guidance issued modified § 1222.34(f) to reference dissemination of records schedules and in January 2005 and the NARA Bulletin § 1222.16, which calls for electronic General Records Schedules (GRS), 2006–02, which implemented section nonrecord material to be segregable noting that § 1226.12(a) gives a time 207(e) of the E-Government Act. from electronic records. limit of six months. We have added a Another agency asked how paragraph reference to that section. (h)(4) differs from the guidelines in GRS Comments on Part 1223—Managing 20 regarding the applicability of GRS to Vital Records Comments on Part 1225—Scheduling electronic records and when an SF 115 Records One comment noted that this part must be submitted. Paragraph (h)(4) is makes no reference to records safety We received comments from three the NARA policy. The revised GRS 20 procedures that should be followed in agencies and an editorial comment from is the specific disposition authority for the day-to-day operations of an agency. an individual on § 1225.12. One agency agencies to use for specific types of Such procedures are addressed in other asked where additional NARA guidance records described in the individual GRS parts; part 1223 concerns the agency could be found; we added the URL for items. vital records program that is part of the the NARA Web site. One agency asked Two agencies raised questions about agency’s continuity of operations for additional step by step guidance for the application of the notification program (COOP). Two agencies noted scheduling and how GRS 20, Electronic requirement in § 1225.24(a) for that Federal Preparedness Circular Records, applies; such guidance is permanent records. One agency asked (FPC) 65 has been superseded by available in the Disposition of Federal when the agency is required to notify Federal Continuity Directives (FCD) 1 Records handbook and other NARA NARA if only some electronic case files and 2 in February 2008. We have guidance referenced in the introductory are permanent. The requirement is to updated the references in §§ 1223.1 and paragraph. A third agency asked for notify NARA in writing that the series 1223.14. clarification of the phrase ‘‘flexible is now maintained electronically; we One agency suggested adding to the retention period’’ in paragraph (d); the have clarified the wording. Another definition of legal and financial rights details of this are provided in the NARA agency interpreted the requirement to records in § 1223.2 such examples as guidance described in the introductory notify NARA within 90 days of when an memorandums of understanding and paragraph to the section. This agency electronic recordkeeping system for host tenant agreements. We believe that also asked for clarification of the permanent records becomes operational the additional examples are not wording for media neutral schedules; in as being contrary to the guidance in required. response to that comment we have made NARA Bulletin 2006–02, which requires One agency noted confusion with the a minor edit. We also made a minor edit agencies to schedule previously statement in § 1223.16 that the to paragraph (i) in response to an unscheduled electronic systems and information content determines which individual’s comment. records by October 1, 2009. We have records series and electronic systems are We made two changes to clarified with the agency that if the vital records, and that only the most § 1225.14(b)(2) in response to agency conditions in paragraph (a)(1) apply, the recent and complete sources of the comments. To reflect that new agency may notify NARA in accordance information are vital records. Vital schedules are media neutral, unless the with that paragraph rather than submit records are a subset of the agency’s agency proposes otherwise, we modified a new SF 115. records that are needed for the agency § 1225.14(b)(2)(ii) to read ‘‘Physical An agency records officer suggested to be able to operate in an emergency or type, if appropriate;’’ and clarified what that we explicitly state in § 1225.26 that under COOP conditions. we meant by arrangement statement in a new SF 115 is not required as the form One agency recommended providing § 1225.14(b)(2)(iv). of written request to extend the time more explicit detail in § 1223.22 for the We modified § 1225.14(b)(3)(i) to add period that permanent record remain in requirement that vital records dispersal ‘‘if appropriate, the time period for agency custody. We have added a sites must be ‘‘a sufficient distance away retiring inactive records to an approved sentence to that effect. He also so as not to be subject to the same records storage facility’’ at the questioned the need to submit an SF emergency.’’ It is not feasible for NARA suggestion of an agency records officer. 115 if the agency needs to increase the to establish more specific criteria, such A similar statement is already provided retention period for a series of as ‘‘close enough for staff to access and for temporary records in § 1225.16. The temporary records, suggesting that a retrieve records within 12 hours’’ which records officer also suggested adding the notification should be sufficient. While the agency suggested. Agencies must statement where a permanent records NARA has relaxed the requirements for determine what dispersal distances and series is nonrecurring; we believe that NARA approval of temporary increases retrieval requirements will address their the existing choices of immediate in retention to meet special needs, as identified in their continuity transfer to the National Archives of the circumstances (see § 1226.18), we plans. United States or transfer at a set date in believe that ongoing application of a the future are sufficient. different retention period than what Comments on Part 1224—Records We clarified the language in NARA approved on the SF 115 requires Disposition Programs § 1225.14(c) after reviewing a comment NARA review. Two agencies commented on on the wording of subparagraph (c)(2). § 1224.10. One agency suggested that We did not adopt the comment to Comments on Part 1226—Implementing records management program require submission of a revised Disposition promotion activities should be given Standard Form (SF) 115 within one year An agency records officer asked that more emphasis, either here or in after an SF 115 item is withdrawn. we modify the time limit in § 1226.12

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for issuing new approved disposition Comments on Part 1228—Loan of believe that the current wording, taken authorities to allow 1 year for Permanent and Unscheduled Records from 44 U.S.C. 3311, would cover such dissemination; we did not adopt this One agency suggested that we scientific records under the category of comment. The current 6 month specifically address loan of temporary ‘‘other value.’’ requirement has been in effect for a records. We have added a new § 1228.8, Comments on Part 1230—Unlawful or number of years. Because the new Do loans of temporary records require Accidental Removal, Defacing, disposition authorities go into effect on NARA approval? with a clear statement Alteration, or Destruction of Records NARA approval, we believe that prompt that NARA approval is not required for One agency noted that the language in dissemination to agency staff is loan of temporary records, but that § 1230.10 more closely tracked 44 U.S.C. necessary. agencies must maintain their own 3106 and asked if the new wording Two comments asked why an agency controls over such loans. increased liability for agency heads and must inform NARA about the need to We received two comments on records officers. The regulation now maintain records longer than the § 1228.14 regarding the time frames in more clearly states what have always which NARA will act on requests to retention period in the case of legal been the agency responsibilities under loan permanent records. One agency holds. We have removed this 44 U.S.C. 3106. Another agency claimed suggested that NARA should be able to notification requirement from § 1226.20. that § 1230.14 should require NARA act on a request within 15 days; an Federal Records Center staff to report We remind agencies that they must individual suggested that we provide a ensure that records in records storage loss of records in Federal Records time frame for denying requests. In this Center space to NARA (NWM). We did facilities, including any NARA Federal final rule, the time frames for approving records centers, are retained for the not modify the section. It is the or denying loans of original permanent responsibility of the agency to report all duration of the legal hold, as paragraph or unscheduled records are set as within (c) of this section states. instances of accidental or unlawful 30 days. Where NARA can act more removal, defacing, alteration or Two comments addressed the quickly, we will. destruction of its records. If records are requirements in § 1226.24 for destroying One agency noted that it must loan damaged (e.g., water leaks or fire) while temporary records through sale as waste medical records routinely to another in NARA Federal Records Center space, paper or salvage. One comment asked agency; while these records are the records center will notify the that we explicitly identify the actions in currently scheduled as temporary customer agency which will in turn paragraphs (a)(1) and (a)(2) as recycling; records, we recognize that there may be notify NWM. we do not believe this is necessary. One a few instances where agencies cannot Comments on Part 1232—Transfer of agency noted that this may not be provide copies in lieu of original Records to Records Storage Facilities feasible for overseas bases and that an permanent records. Therefore, we have agency may want its personnel to modified this section by adding a new One agency raised concerns with destroy security classified records. We paragraph (b) to allow an agency to § 1232.18(h), which requires agencies to prepare an annual loan agreement have modified paragraph (b)(1) to clarify provide access to appropriate NARA covering multiple transfers from the that the agency or its wastepaper staff to records in records storage same series of records to another single contractor may be the responsible party. facilities in order to conduct inspections Federal agency. or process SF 115s. Their concerns We did not adopt a comment on center on access to security classified § 1226.26 to reduce the information Comments on Part 1229—Emergency Authorization To Destroy Records records. No change is required in the required to request approval to donate regulation. The NARA staff would have disposable temporary records to We received three comments on this the appropriate clearances and access appropriate recipients. NARA needs this part. We made two editorial revisions to would be requested and conducted in information to make its determination. § 1229.10 in response to comments— accordance with all regulations We note that the provisions of this ‘‘the Archivist’’ has been replaced by governing access to national security section have been in place for more than ‘‘NARA’’ and we made the references to classified information or other restricted 10 years. ‘‘continuing menace to human health or information (e.g., IRS or Census life, or to property’’ consistent in the records). This is an existing requirement Comments on Part 1227—General section title, introductory paragraph, in 36 CFR 1228.154(e) and is based on Records Schedules and paragraph (a) of § 1229.10. One the statutory authority in 44 U.S.C. agency non-concurred with the We received two comments on this 2906. introductory paragraph, which is taken part. One comment concerned whether directly from 44 U.S.C. 3310; the agency Comments on Part 1233—Transfer, Use, NARA issues General Records also asked that NARA impose a 72-hour and Disposition of Records in a NARA Schedules (GRS) covering permanent limit on responding to an agency Federal Records Center records; we do. The other comment request. NARA will respond quickly to We have deleted a paragraph from suggested that the time period for urgent requests, as we have § 1233.10 in this final rule as notifying NARA that an agency wishes demonstrated with Hurricane Katrina unnecessary and potentially confusing. to continue to use an agency-specific records in the past, and we do not The paragraph in the proposed rule records schedule in lieu of the GRS be believe that the rule needs to include a stated that NARA Federal Records changed from 90 days to 1 year. We specific short timeframe. We also did Centers may accept contaminated extended the notification period to 4 not adopt the suggestion from another records. Any decision on whether months; the revised time frame will still agency that the wording of § 1229.12 specific contaminated records may be enable the agency to disseminate the should specify ‘‘scientific records’’ as a transferred to a Federal Records Center newly issued GRS to agency staff within category of records lacking sufficient will be addressed in the agency the time limits specified in § 1226.12 value to warrant continued preservation agreement with NARA. should a decision be made to no longer when the space they occupy is urgently One agency commented on use the agency-specific schedule item. needed for military purposes. We § 1233.14(b) that all active duty

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outpatient records are transferred to the records in electronic and other special relationships. The definition of VA Records Center at the time of the media formats. We made editorial edits ‘‘unstructured record’’ specifies that discharge of the member from active to refer consistently to ‘‘digital records created using electronic mail duty. We have modified paragraph (b) to geospatial data.’’ We have clarified the and other messaging applications are reflect this exception. use of DVDs for transfer of electronic considered unstructured records; this is One agency requested that § 1233.16 sound recordings (§ 1235.42(e)) and because e-mail records may contain provide additional detailed guidance on when Tape Archive (TAR) utility can be attachments that are unstructured in transferring Official Personnel Folders used for transferring electronic records format. Finally, they asked how to (OPFs) to the National Personnel (§§ 1235.46 and 1235.50). We also manage transitory e-mail records in Records Center (NPRC). The Office of restored to § 1235.46(b)(3) a table for the accordance with § 1236.22(c)(2). This Personnel Management is the agency standards to be used in conjunction provision has not changed since it was responsible for OPFs and their transfer with DLT tape cartridges that was established in 2006 and allows agencies requirements. We updated the URL for inadvertently omitted from the to maintain and delete transitory (i.e., the Guide to Personnel Recordkeeping. proposed rule. The table is the same as with a retention period of 180-day or Another agency objected to the in the previous regulation at less retention) e-mail records from their statement in § 1233.20(a) that NPRC § 1228.270(c)(1)(iii). We also added to live e-mail systems without transferring does not send a disposal notice to the § 1235.50(d) the use of XML markup these records to a recordkeeping system transferring agency before destroying language. records covered in General Records One agency objected to the if certain conditions are met. The Schedules (GRS) 1 and 2. The records specifications in § 1235.50 for electronic agency would use GRS 23, item 7 or a addressed by paragraph (a) and GRS 1 records, stating that this goes against NARA-approved agency schedule that and 2 belong to the Office of Personnel NARA’s ERA vision. The ERA vision covers such e-mail records as the Management, not the transferring statement accurately reflects NARA’s disposition authority. agency. view of the functionality of the system In response to one agency’s concern when ERA is fully deployed. This CFR Comments on Part 1235—Transfer of that agencies may not consider the need provision reflects the reality of what Records to the National Archives of the to migrate electronic records that have NARA can accept today. As ERA is able United States been sent to off-line or off-site storage to accept additional record formats in areas, we have added a new § 1236.14(c) One agency suggested that we add a future increments, we will further revise to emphasize that this section applies to section concerning pre-accessioning this section. such records. Another agency expressed (early physical transfer to NARA) of Comments on Part 1236—Electronic a view that it is not feasible for all permanent electronic records. We did agencies to continuously migrate not adopt this comment because the Records Management electronic media to current formats. The cases where pre-accessioning can be One comment from the former agency section requires agencies to plan and considered is currently limited and the records management official take actions to ensure their electronic nature of the program may change as the recommended that most of part 1236 records are usable for their full agency Electronic Records Archives (ERA) should be combined with part 1222. He matures and the NARA Federal Records argued that this would provide the retention period; agencies are given Center Program adds to its electronic media-neutral approach that ISO 15489– flexibility as to how they do this. records storage services. 1 has adopted and that most of the One agency suggested that NARA Another agency expressed concerns requirements of part 1236 apply to all provide a list of metadata elements in that the proposed § 1235.16 would recordkeeping systems. While we agree both §§ 1236.12 and 1237.28 pertaining lessen the ability of agencies with that the fundamental concepts to content, context, and structure of national security classified information applicable to managing records are the electronic information. We did not to exempt particularly sensitive same regardless of media, we believe adopt this suggestion. While classified information from transfer to that specifying the requirements for § 1236.22(a)(1) specifies certain NARA. The conditions for agency electronic records management in a minimum metadata that must be retention of records that are more than separate part is still helpful to agencies. preserved for e-mail records, each 30 years old have been in place since We note that § 1236.6 clearly requires agency must identify for itself what 1992 and remain unchanged. We did, agencies to incorporate management of metadata is needed to meet agency however, add a section with timeframes electronic records into the records business needs. for NARA action on agency requests. An management activities required by parts One agency argued that the print-and- individual recommended that we add a 1220–1235. file method of recordkeeping cannot timeframe to § 1235.22 for acting on Two agencies asked whether the submitted SF 258s; we did not adopt requirements in §§ 1236.10, 1236.20, always capture a complete record; we this comment because the timeframes 1236.22 and 1236.24 are applicable to agree and § 1236.24(b) requires agencies needed will depend on the types and all systems that maintain electronic to establish policies and issue volumes of records transferred and records, including transitory e-mail instructions to ensure capture of any whether we must clarify information records. We have clarified § 1236.24 to pertinent hidden text or structure with the transferring agency. state that transitory e-mail may be relationships that the agency identifies Another agency asked that we add to managed as specified in § 1236.22(c). as required for its business needs. We § 1235.32(b)(1) examples of the The agencies also asked about the disagree with the agency’s view that restrictions on records; we did not adopt difference between structured and part 1236 should not apply to temporary this comment because paragraph (c) of unstructured records and whether a records if an agency risk analysis that section directs readers to 36 CFR record created using an e-mail system is supports using a method for managing part 1256, which covers restrictions that always considered an unstructured electronic records that best meets its NARA imposes. record. Structured records, such as business needs even though it might not Several comments addressed the database records, have predetermined meet every records management Subpart C provisions for transfer of data types and understood requirement.

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Comments on Part 1237—Audiovisual, §§ 1237.22(f) and 1237.28(b); those minor, nonsubstantive editorial Cartographic, and Related Records sections advise agencies to contact corrections. Management specific NARA organizations for Regulatory Impact One agency suggested adding additional assistance. ‘‘orthophoto images’’ to the list of Comments on Part 1239—Program This rule is a significant regulatory cartographic records in § 1237.3 and Assistance and Inspections action for the purposes of Executive expanding paragraph (b) of that section Order 12866 and has been reviewed by As noted earlier in this the Office of Management and Budget to address aerial observations that are Supplementary Information, we added a not film-based. We adopted the first (OMB). As required by the Regulatory new final sentence to § 1239.20 Flexibility Act, I certify that this rule suggestion; we will consider specific addressing reporting to Congress and will not have a significant impact on a coverage of other aerial observation the Office of Management and Budget substantial number of small entities records in a future rulemaking. Another on inspections. agency asked if § 1237.12 applies to because this regulation will affect only records created in the future. We Other Changes in This Final Rule From Federal agencies. This regulation does note that the previous NARA the Proposed Rule not have any federalism implications. regulations on permanent audiovisual In addition to the changes to the This rule is not a major rule as defined records (36 CFR 1232.20(a) and proposed rule discussed in previous in 5 U.S.C. Chapter 8, Congressional 1228.266) already require agencies to be sections of this SUPPLEMENTARY Review of Agency Rulemaking. able to transfer the same record INFORMATION, we have revised language Appendix to the Preamble—Derivation elements that are cited in this section. relating to the incorporation by Table We added the elements to part 1237 so reference (IBR) of standards throughout that agencies are aware of what they to meet the Office of the Federal The following derivation table is eventually will need to transfer to the Register’s requirements; corrected provided as a convenience to readers to National Archives of the United States. erroneous cross references to other assist them in locating where each piece In response to comments from two sections; and, as announced in the of the revised material in this final rule agencies, we corrected the wording in proposed rule, added as part 1234, comes from. This table will not be § 1237.14 to state that disposition Facility Standards for Records Storage published in the Code of Federal instructions should provide for early Facilities, the regulatory text of the Regulations. It will be available on transfer of permanent audiovisual, previous 36 CFR part 1228, subpart K NARA’s Web site at http:// cartographic, and related records. One and the two appendixes to the previous www.archives.gov/about/regulations/ agency asked for more guidance in 36 CFR part 1228. We also made other subchapter/b.html.

New section Old section Notes on significant policy changes

Part 1220 Part 1220

1220.1 ...... 1220.1. 1220.2 ...... 1220.10. 1220.3. 1220.10 ...... 1220.2. 1220.12 ...... New summary of NARA responsibilities. 1220.14 ...... 1220.12. 1220.16 ...... New explicit statement that the regulations cover Federal records. 1220.18 ...... 1220.14 ...... Terms that were added: Disposition authority. Electronic record. Information system. Personal files. Retention period. Terms that were substantively revised: Documentary materials. Records schedule. 1220.30 ...... 1220.30; 1222.10 (b) and (c). 1220.32 ...... 1220.34–1220.38 ...... Added reference to continuity of operations. 1220.34 ...... Comprehensive high level list of responsibilities across the records lifecycle drawn from old §§ 1220.40, 1228.42, 1222.20, and 1228.12.

Part 1222 Part 1222

1222.1 ...... 1222.10. 1222.2. 1222.3. 1222.10 ...... 1222.12. 1222.12 ...... 1222.34(a)–(d). 1222.14 ...... 1222.34(f). 1222.16(a) ...... 1222.30(b). 1222.16(b) ...... New; previous covered in NARA guidance. 1222.18 ...... 1222.42 ...... Substantive change in policy. 1222.20 ...... 1222.36. 1222.22 ...... 1222.38. 1222.24 ...... 1222.32.

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1222.26 ...... New; previous covered in NARA guidance. 1222.28 ...... New; previous covered in NARA guidance. 1222.30 ...... 1222.46. 1222.32 ...... 1222.48 ...... Substantively expanded. 1222.34 ...... 1222.50.

Part 1223 Part 1236

1223.1 ...... 1236.12 ...... Updated references. 1223.2 ...... 1236.14. 1223.3. 1223.10 ...... 1236.10. 1223.12 ...... 1236.20 Introductory paragraph. 1223.14 ...... 1236.20(a)–(d). 1223.16 ...... 1236.22. 1223.18. 1223.20 ...... 1236.24. 1223.22 ...... 1236.26. 1223.24 ...... 1236.28.

Part 1224 Part 1228 Subpart A

1224.1 ...... 1228.10. 1224.2. 1224.3. 1224.10 ...... 1228.12.

Part 1225 Part 1228 Subpart B

1225.1. 1225.2. 1225.3. 1225.10 ...... New statement of long-standing policy that all records must be scheduled. 1225.12 ...... 1228.22 ...... Updated with NARA guidance on conducting functional or work proc- ess analysis and flexible scheduling. 1225.14 ...... 1228.28. 1225.16 ...... 1228.30. 1225.18 ...... 1228.22 and 1228.24. 1225.20 ...... 1228.22(f). 1225.22 ...... 1228.31(a) ...... Comprehensive listing of situations when new SF 115 is needed drawn from multiple other sections. 1225.24 ...... 1228.31(b). 1225.26 ...... 1228.32.

Part 1226 Part 1228 Subpart B

1226.1. 1226.2. 1226.3. 1226.10 ...... 1228.50 introductory paragraph. 1226.12 ...... 1228.50(a)(1)–(4) and (d) ...... Substantive change in policy. 1226.14 ...... 1228.50 (c) ...... Substantive change in policy. 1226.16 ...... 1228.52. 1226.18 ...... 1228.54(a). 1226.20 ...... 1228.54(c). 1226.22 ...... 1228.56. 1226.24 ...... 1228.58 (b) and (c). 1226.26 ...... 1228.60.

Part 1227 Part 1228, Subpart C

1227.1. 1227.2. 1227.3. 1227.10 ...... 1228.40. 1227.12 ...... 1228.42 ...... Deadlines changed. 1227.14 ...... 1228.46.

Part 1228 Part 1228, Subpart E

1228.1. 1228.2. 1228.10 ...... 1228.72 ...... Substantive change in policy. 1228.12 ...... 1228.74.

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1228.14 ...... 1228.76. 1228.16 ...... 1228.78.

Part 1229 Part 1228, Subpart F

1229.1. 1229.2. 1229.3. 1229.10 ...... 1228.92(a). 1229.20 ...... 1228.94.

Part 1230 Part 1228, Subpart G

1230.1. 1230.2. 1230.3 ...... Added definitions Alteration, Deface, Removal and Unlawful or Acci- dental Destruction. 1230.10 ...... 1228.100. 1230.12 ...... 1228.102. 1230.14 ...... 1228.104(a). 1230.16 ...... New section on NARA actions. 1230.18 ...... 1228.104(c).

Part 1231 Part 1228, Subpart H

1231.1 ...... 1228.120. 1231.2. 1231.10 ...... 1228.122. 1231.12 ...... 1228.124 and 1228.126. 1231.14 ...... 1228.128. 1231.16 ...... 1228.134. 1231.18 ...... 1228.136.

Part 1232 Part 1228, Subpart I

1232.1. 1232.2. 1232.3. 1232.10 ...... 1228.150. 1232.12 ...... 1228.152. 1232.14(a) ...... 1228.154(a). 1232.14(b) ...... 1228.154(b). 1232.14(c) ...... 1228.154(c) introductory para- graph. 1232.14(d) ...... 1228.154(d) introductory para- graph. 1232.16 ...... 1228.154(c)(1)–(c)(2) and (d)(1)– (d)(2). 1232.18 ...... 1228.154(e)–(f) and 1228.156.

Part 1232 Part 1228, Subpart J

1233.1. 1233.2. 1233.3. 1233.10 ...... 1228.160(a), (d), (e). 1233.12 ...... 1228.162. 1233.14 ...... 1228.164 ...... Added military medical treatment files. 1233.16 ...... 1228.166 ...... Added military medical treatment files. 1233.18 ...... 1228.168 ...... Significant updates. 1233.20 ...... 1228.170.

Part 1234 Part 1228, Subpart K Note: The only changes between the old and new sections are the section numbers and revised IBR language for § 1234.3.

1234.1 ...... 1228.220. 1234.2 ...... 1228.222. 1234.3 ...... 1228.224. 1234.4 ...... 1228.226. 1234.10 ...... 1228.228. 1234.12 ...... 1228.230. 1234.14 ...... 1228.232. 1234.20 ...... 1228.234. 1234.22 ...... 1228.236. 1234.24 ...... 1228.238.

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1234.30 ...... 1228.240. 1234.32 ...... 1228.242. 1234.34 ...... 1228.244. Appendix A to Part 1234 ...... Appendix A to Part 1228. Appendix B to Part 1234 ...... Appendix B to Part 1228.

Part 1235 Part 1228. Subpart L

1235.1 ...... 1228.260. 1235.2. 1235.3. 1235.4. 1235.10 ...... 1228.262(a) introductory text. 1235.12 ...... 1228.262 (a)(1)–(a)(2). 1235.14 ...... 1228.264(a) and(c)(1)–(c)(6) ...... NARA approval requirement added. 1235.16 ...... 1228.264(d) ...... NARA approval requirement added. 1235.18 ...... 1228.272(a). 1235.20 ...... 1228.274(a). 1235.22 ...... 1228.272(c). 1235.30 ...... 1228.280(a). 1235.32 ...... Tracks current 1228.274(b) and (c). 1235.34 ...... 1228.282. 1235.40. 1235.42 ...... 1228.266 and 1228.268 ...... Added digital photographic and geospatial data records. 1235.44 ...... 1228.270(b). 1235.46 ...... 1228.270(c). 1235.48 ...... 1228.270(e). 1235.50 ...... 1228.270(d) ...... Significant updates.

Part 1236 Part 1234

1236.1. 1236.2 ...... Added definitions Unstructured electronic records, metadata. 1236.6 ...... 1234.10. 1236.10. 1236.12. 1236.14. 1236.20. 1236.22 ...... 1234.24. 1236.24. 1236.20(a) ...... 1234.10(m). 1236.26(b) ...... 1234.20(b). 1236.28 ...... 1234.30 ...... Significant updates.

Part 1237 Part 1232

1237.1 ...... Includes cartographic records management. 1237.2. 1237.3 ...... Added definitions: Aerial photographic records Architectural and engineering records Cartographic records. 1237.4. 1237.10 ...... 1232.20(a) and (d) ...... Added cartographic records management. 1237.12 ...... Reflects transfer requirements from 1228.266. 1237.14. 1237.16 ...... 1232.26(a), (c)–(e) ...... Significant updates. 1237.18 ...... 1232.26(b) ...... Significant updates. 1237.20 ...... 1232.28. 1237.22. 1237.24. 1237.26 ...... 1232.30. 1237.28. 1237.30 ...... 1232.22 and 1232.24.

Part 1238 Part 1230

1238.1 ...... 1230.1. 1238.2 ...... 1230.2. 1238.3 ...... 1230.4. 1238.4. 1238.5 ...... 1230.3. 1238.10 ...... 1230.2(d). 1238.12 ...... 1230.12(a)–(b). 1238.14 ...... 1230.14.

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1238.16 ...... 1230.16. 1238.20 ...... 1230.20. 1238.22 ...... 1230.22. 1238.24 ...... 1230.24. 1238.26 ...... 1230.26. 1238.28 ...... 1230.28. 1238.30 ...... 1230.30. 1238.32 ...... 1230.10.

Part 1239 Part 138 and Part 1220, Subpart C

1239.1 ...... 1220.50. 1239.2. 1239.3 ...... Added definition of Inspection. 1239.4. 1239.10 ...... 1238.1. 1239.12 ...... 1238.2. 1239.20 ...... 1220.5. 1239.22 ...... 1220.54 ...... Substantive change in policy and procedures for conducting inspec- tions. 1239.24 ...... 1220.56. 1239.26 ...... 1220.58 ...... Substantive change in policy and procedures.

List of Subjects in 36 CFR Chapter XII, Subchapter B—Records Management § 1220.2 What are the authorities for Subchapter B Subchapter B? PART 1220—FEDERAL RECORDS; Archives and records, Incorporation GENERAL The regulations in this subchapter by reference. implement the provisions of 44 U.S.C. Subpart A—General Provisions of Chapters 21, 29, 31, and 33. ■ For the reasons set forth in the Subchapter B preamble, NARA revises Subchapter B § 1220.3 What standards are used as of chapter XII, title 36, Code of Federal Sec. guidelines for Subchapter B? Regulations, to read as follows: 1220.1 What is the scope of Subchapter B? 1220.2 What are the authorities for These regulations are in conformance Chapter XII—National Archives and Subchapter B? with ISO 15489–1:2001, Information Records Administration 1220.3 What standards are used as and documentation—Records Subchapter B—Records Management guidelines for Subchapter B? management. Other standards relating to 1220.10 Who is responsible for records specific sections of the regulations are Part management? cited where appropriate. 1220 Federal Records; General 1220.12 What are NARA’s records 1222 Creation and Maintenance of Federal management responsibilities? § 1220.10 Who is responsible for records Records 1220.14 Who must follow the regulations in management? 1223 Managing Vital Records Subchapter B? 1224 Records Disposition Program 1220.16 What recorded information must be (a) The National Archives and 1225 Scheduling Records managed in accordance with the Records Administration (NARA) is 1226 Implementing Disposition regulations in Subchapter B? responsible for overseeing agencies’ 1227 General Records Schedules 1220.18 What definitions apply to the adequacy of documentation and records 1228 Loan of Permanent and Unscheduled regulations in Subchapter B? Records 1220.20 What NARA acronyms are used disposition programs and practices, and 1229 Emergency Authorization To Destroy throughout Subchapter B? the General Services Administration Records (GSA) is responsible for overseeing 1230 Unlawful or Accidental Removal, Subpart B—Agency Records Management Program Responsibilities economy and efficiency in records Defacing, Alteration, or Destruction of management. The Archivist of the 1220.30 What are an agency’s records Records United States and the Administrator of 1231 Transfer of Records from the Custody management responsibilities? of One Executive Agency to Another 1220.32 What records management GSA issue regulations and provide 1232 Transfer of Records to Records Storage principles must agencies implement? guidance and assistance to Federal Facilities 1220.34 What must an agency do to carry agencies on records management 1233 Transfer, Use, and Disposition of out its records management programs. NARA regulations are in this Records in a NARA Federal Records responsibilities? subchapter. GSA regulations are in 41 Center Authority: 44 U.S.C. Chapters 21, 29, 31, CFR parts 102–193. 1234 Facility Standards for Records Storage and 33. Facilities (b) Federal agencies are responsible 1235 Transfer of Records to the National § 1220.1 What is the scope of Subchapter for establishing and maintaining a Archives of the United States B? records management program that 1236 Electronic Records Management complies with NARA and GSA 1237 Audiovisual, Cartographic, and Subchapter B specifies policies for Federal agencies’ records management regulations and guidance. Subpart B of Related Records Management this part sets forth basic agency records 1238 Microform Records Management programs relating to proper records 1239 Program Assistance and Inspections creation and maintenance, adequate management requirements. 1240–1249 [Reserved] documentation, and records disposition.

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§ 1220.12 What are NARA’s records designating them either temporary or Executive agency means any management responsibilities? permanent. executive department or independent (a) The Archivist of the United States Commercial records storage facility is establishment in the Executive branch issues regulations and provides a private sector commercial facility that of the U.S. Government, including any guidance and assistance to Federal offers records storage, retrieval, and wholly owned Government corporation. agencies on ensuring adequate and disposition services. Federal agency means any executive proper documentation of the Comprehensive schedule is an agency agency or any establishment in the organization, functions, policies, manual or directive containing Legislative or Judicial branches of the decisions, procedures, and essential descriptions of and disposition Government (except the Supreme Court, transactions of the Federal Government instructions for documentary materials Senate, the House of Representatives, and ensuring proper records in all physical forms, record and and the Architect of the Capitol and any disposition, including standards for nonrecord, created by a Federal agency activities under his direction). (44 improving the management of records. or major component of an Executive U.S.C. 2901(14)). (b) NARA establishes standards for department. Unless taken from General Federal records (see records). the retention of records having Records Schedules (GRS) issued by File means an arrangement of records. continuing value (permanent records), NARA, the disposition instructions for The term denotes papers, photographs, and assists Federal agencies in applying records must be approved by NARA on maps, electronic information, or other the standards to records in their one or more Standard Form(s) 115, recorded information regardless of custody. Request for Records Disposition physical form or characteristics, (c) Through a records scheduling and Authority, prior to issuance by the accumulated or maintained in filing appraisal process, the Archivist of the agency. The disposition instructions for equipment, boxes, on electronic media, United States determines which Federal nonrecord materials are established by or on shelves, and occupying office or records have temporary value and may the agency and do not require NARA storage space. be destroyed and which Federal records approval. See also records schedule. Information system means the have permanent value and must be Contingent records are records whose organized collection, processing, preserved and transferred to the final disposition is dependent on an transmission, and dissemination of National Archives of the United States. action or event, such as sale of property information in accordance with defined The Archivist’s determination or destruction of a facility, which will procedures, whether automated or constitutes mandatory authority for the take place at some unspecified time in manual. final disposition of all Federal records. the future. Metadata consists of preserved (d) The Archivist of the United States Disposition means those actions taken contextual information describing the issues General Records Schedules (GRS) regarding records no longer needed for history, tracking, and/or management of authorizing disposition, after specified the conduct of the regular current an electronic document. periods of time, of records common to business of the agency. National Archives of the United several or all Federal agencies. Disposition authority means the legal States is the collection of all records authorization for the retention and selected by the Archivist of the United § 1220.14 Who must follow the regulations disposal of records. For Federal records States because they have sufficient in Subchapter B? it is found on SF 115s, Request for historical or other value to warrant their The regulations in Subchapter B Records Disposition Authority, which continued preservation by the Federal apply to Federal agencies as defined in have been approved by the Archivist of Government and that have been § 1220.18. the United States. For nonrecord transferred to the legal custody of the Archivist of the United States, currently § 1220.16 What recorded information must materials, the disposition is established be managed in accordance with the by the creating or custodial agency. See through execution of a Standard Form regulations in Subchapter B? also records schedule. (SF) 258 (Agreement to Transfer Records Documentary materials is a collective to the National Archives of the United The requirements in Subchapter B term that refers to recorded information, States). See also permanent record. apply to documentary materials that regardless of the medium or the method Nonrecord materials are those meet the definition of Federal records. or circumstances of recording. Federally owned informational See also Part 1222 of this subchapter. Electronic record means any materials that do not meet the statutory § 1220.18 What definitions apply to the information that is recorded in a form definition of records (44 U.S.C. 3301) or regulations in Subchapter B? that only a computer can process and that have been excluded from coverage As used in subchapter B— that satisfies the definition of a Federal by the definition. Excluded materials Adequate and proper documentation record under the Federal Records Act. are extra copies of documents kept only means a record of the conduct of The term includes both record content for reference, stocks of publications and Government business that is complete and associated metadata that the agency processed documents, and library or and accurate to the extent required to determines is required to meet agency museum materials intended solely for document the organization, functions, business needs. reference or exhibit. policies, decisions, procedures, and Evaluation means the selective or Permanent record means any Federal essential transactions of the agency and comprehensive inspection, audit, or record that has been determined by that is designed to furnish the review of one or more Federal agency NARA to have sufficient value to information necessary to protect the records management programs for warrant its preservation in the National legal and financial rights of the effectiveness and for compliance with Archives of the United States, even Government and of persons directly applicable laws and regulations. It while it remains in agency custody. affected by the agency’s activities. includes recommendations for Permanent records are those for which Agency (see Executive agency and correcting or improving records the disposition is permanent on SF 115, Federal agency). management policies and procedures, Request for Records Disposition Appraisal is the process by which the and follow-up activities, including Authority, approved by NARA on or NARA determines the value and the reporting on and implementing the after May 14, 1973. The term also final disposition of Federal records, recommendations. includes all records accessioned by

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NARA into the National Archives of the been approved by NARA to authorize NWME means the Electronic and United States. the disposition of Federal records; Special Media Records Services Personal files (also called personal (2) A General Records Schedule (GRS) Division. papers) are documentary materials issued by NARA; or NWML means the Lifecycle belonging to an individual that are not (3) A published agency manual or Management Division. used to conduct agency business. directive containing the records NWMW means the Washington Personal files are excluded from the descriptions and disposition National Records Center. definition of Federal records and are not instructions approved by NARA on one NWT means Preservation Programs. owned by the Government. or more SF 115s or issued by NARA in Recordkeeping requirements means the GRS. See also comprehensive Subpart B—Agency Records all statements in statutes, regulations, schedule. Management Responsibilities Records storage facility is a records and agency directives or other § 1220.30 What are an agency’s records authoritative issuances, that provide center or a commercial records storage management responsibilities? general or specific requirements for facility, as defined in this section, i.e., (a) Under 44 U.S.C. 3101, the head of Federal agency personnel on particular a facility used by a Federal agency to each Federal agency must make and records to be created and maintained by store Federal records, whether that preserve records containing adequate the agency. facility is operated and maintained by Recordkeeping system is a manual or the agency, by NARA, by another and proper documentation of the electronic system that captures, Federal agency, or by a private organization, functions, policies, organizes, and categorizes records to commercial entity. decisions, procedures, and essential facilitate their preservation, retrieval, Retention period is the length of time transactions of the agency. These use, and disposition. that records must be kept. records must be designed to furnish the Records or Federal records is defined Series means file units or documents information necessary to protect the in 44 U.S.C. 3301 as including ‘‘all arranged according to a filing or legal and financial rights of the books, papers, maps, photographs, classification system or kept together Government and of persons directly machine readable materials, or other because they relate to a particular affected by the agency’s activities. documentary materials, regardless of subject or function, result from the same (b) Under 44 U.S.C. 3102, the head of physical form or characteristics, made activity, document a specific kind of each Federal agency must establish and or received by an agency of the United transaction, take a particular physical maintain an active, continuing program States Government under Federal law or form, or have some other relationship for the economical and efficient in connection with the transaction of arising out of their creation, receipt, or management of the records of the public business and preserved or use, such as restrictions on access and agency. (c) Agency records management appropriate for preservation by that use. Also called a records series. programs must provide for: agency or its legitimate successor as Temporary record means any Federal record that has been determined by the (1) Effective controls over the evidence of the organization, functions, creation, maintenance, and use of policies, decisions, procedures, Archivist of the United States to have insufficient value (on the basis of records in the conduct of current operations or other activities of the business; and Government or because of the current standards) to warrant its preservation by the National Archives (2) Cooperation with the Archivist informational value of the data in them and the Administrator of GSA in (44 U.S.C. 3301).’’ (See also § 1222.10 of and Records Administration. This determination may take the form of: applying standards, procedures, and this part for an explanation of this techniques designed to improve the definition). (1) Records designated as disposable in an agency records disposition management of records, promote the Records center is defined in 44 U.S.C. maintenance and security of records 2901(6) as an establishment maintained schedule approved by NARA (SF 115, Request for Records Disposition deemed appropriate for preservation, and operated by the Archivist (NARA and facilitate the segregation and Federal Records Center) or by another Authority); or (2) Records designated as disposable destruction of records of temporary Federal agency primarily for the storage, value. servicing, security, and processing of in a General Records Schedule. Unscheduled records are Federal records which need to be preserved for § 1220.32 What records management varying periods of time and need not be records whose final disposition has not principles must agencies implement? been approved by NARA on a SF 115, retained in office equipment or space. Agencies must create and maintain Request for Records Disposition See also records storage facility. authentic, reliable, and usable records Authority. Such records must be treated Records management, as used in and ensure that they remain so for the as permanent until a final disposition is subchapter B, means the planning, length of their authorized retention approved. controlling, directing, organizing, period. A comprehensive records training, promoting, and other § 1220.20 What NARA acronyms are used management program provides policies managerial activities involved with throughout Subchapter B? and procedures for ensuring that: respect to records creation, records As used in Subchapter B— (a) Records documenting agency maintenance and use, and records NARA means the National Archives business are created or captured; disposition in order to achieve adequate and Records Administration. (b) Records are organized and and proper documentation of the NAS means the Space and Security maintained to facilitate their use and policies and transactions of the Federal Management Division. ensure integrity throughout their Government and effective and NR means the Office of Regional authorized retention periods; economical management of agency Record Services. (c) Records are available when operations. NWCS means the Special Media needed, where needed, and in a usable Records schedule or schedule means Archives Services Division. format to conduct agency business; any of the following: NWM means Modern Records (d) Legal and regulatory requirements, (1) A Standard Form 115, Request for Programs, which includes NARA relevant standards, and agency policies Records Disposition Authority that has records management staff nationwide. are followed;

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(e) Records, regardless of format, are identification of Federal records, in all Subpart A—Identifying Federal protected in a safe and secure formats and media; Records environment and removal or destruction (g) Develop records schedules for all is carried out only as authorized in records created and received by the § 1222.1 What are the authorities for Part 1222? records schedules; and agency and obtain NARA approval of (f) Continuity of operations is the schedules prior to implementation, The statutory authorities for this part supported by a vital records program in accordance with 36 CFR parts 1225 are 44 U.S.C. 2904, 3101, 3102, and (see part 1223 of this subchapter). and 1226 of this subchapter; 3301. (h) Comply with applicable policies, § 1222.2 What definitions apply to this § 1220.34 What must an agency do to procedures, and standards relating to carry out its records management part? responsibilities? records management and recordkeeping See § 1220.18 of this subchapter for requirements issued by the Office of definitions of terms used in part 1222. To carry out the responsibilities Management and Budget, NARA, GSA, specified in 44 U.S.C. 3101 and 3102, or other agencies, as appropriate (see § 1222.3 What standards are used as agencies must: § 1222.22 of this subchapter); guidance for this part? (a) Assign records management (i) Institute controls ensuring that all These regulations conform with responsibility to a person and office records, regardless of format or medium, guidance provided in ISO 15489– with appropriate authority within the are properly organized, classified or 1:2001, Information and agency to coordinate and oversee indexed, and described, and made documentation—Records management. implementation of the agency available for use by all appropriate Paragraphs 7.1 (Principles of records comprehensive records management agency staff; and management programmes), 7.2 program principles in § 1220.32; (j) Conduct formal evaluations to (Characteristics of a record), 8.3.5 (b) Advise NARA and agency measure the effectiveness of records (Conversion and migration), 8.3.6 managers of the name(s) of the management programs and practices, (Access, retrieval and use), and 9.6 individual(s) assigned operational and to ensure that they comply with (Storage and handling) apply to records responsibility for the agency records NARA regulations in this subchapter. creation and maintenance. management program. To notify NARA, send the name(s), e-mail and postal PART 1222—CREATION AND § 1222.10 How should agencies apply the statutory definition of Federal records? addresses, phone and fax numbers of MAINTENANCE OF FEDERAL the individual(s) to NARA (NWM), 8601 RECORDS (a) The statutory definition of Federal Adelphi Road, College Park, MD 20740– records is contained in 44 U.S.C. 3301 6001 or to Subpart A—Identifying Federal Records and provided in § 1220.18 of this [email protected]. The Sec. subchapter. name, title, and phone number of the 1222.1 What are the authorities for Part (b) Several key terms, phrases, and official or officials authorized by the 1222? concepts in the statutory definition of a head of the agency to sign records 1222.2 What definitions apply to this part? Federal record are further explained as 1222.3 What standards are used as guidance disposition schedules and requests for follows: for this part? (1) Documentary materials has the transfer of records to the custody of the 1222.10 How should agencies apply the meaning provided in § 1220.18 of this National Archives must also be statutory definition of Federal records? subchapter. submitted to NARA (NWM) or 1222.12 What types of documentary (2) Regardless of physical form or [email protected]; materials are Federal records? characteristics means that the medium (c) Issue a directive(s) establishing 1222.14 What are nonrecord materials? 1222.16 How are nonrecord materials may be paper, film, disk, or other program objectives, responsibilities, and physical type or form; and that the authorities for the creation, managed? 1222.18 Under what conditions may method of recording may be manual, maintenance, and disposition of agency nonrecord materials be removed from mechanical, photographic, electronic, or records. Copies of the directive(s) government agencies? any other combination of these or other (including subsequent amendments or 1222.20 How are personal files defined and technologies. supplements) must be disseminated managed? (3) Made means the act of creating throughout the agency, as appropriate, Subpart B—Agency Recordkeeping and recording information by agency and a copy must be sent to NARA Requirements personnel in the course of their official (NWM); duties, regardless of the method(s) or (d) Assign records management 1222.22 What records are required to provide for adequate documentation of the medium involved. responsibilities in each program agency business? (4) Received means the acceptance or (mission) and administrative area to 1222.24 How do agencies establish collection of documentary materials by ensure incorporation of recordkeeping recordkeeping requirements? or on behalf of an agency or agency requirements and records maintenance, 1222.26 What are the general recordkeeping personnel in the course of their official storage, and disposition practices into requirements for agency programs? duties regardless of their origin (for agency programs, processes, systems, 1222.28 What are the series level example, other units of their agency, and procedures; recordkeeping requirements? private citizens, public officials, other (e) Integrate records management and 1222.30 When must agencies comply with the recordkeeping requirements of other agencies, contractors, Government archival requirements into the design, agencies? grantees) and regardless of how development, and implementation of 1222.32 How do agencies manage data and transmitted (in person or by messenger, electronic information systems as records created or received by mail, electronic means, or by any other specified in § 1236.12 of this contractors? method). In this context, the term does subchapter; 1222.34 How must agencies maintain not refer to misdirected materials. It (f) Provide guidance and training to records? may or may not refer to loaned or seized all agency personnel on their records Authority: 44 U.S.C. 2904, 3101, 3102, and materials depending on the conditions management responsibilities, including 3301. under which such materials came into

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agency custody or were used by the § 1222.14 What are nonrecord materials? Government agency custody only with agency. Advice of legal counsel should Nonrecord materials are U.S. the approval of the head of the agency be sought regarding the ‘‘record’’ status Government-owned documentary or the individual(s) authorized to act for of loaned or seized materials. materials that do not meet the the agency on records issues. (5) Preserved means the filing, storing, conditions of records status (see (b) National security classified or any other method of systematically § 1222.12(b)) or that are specifically information may not be removed from maintaining documentary materials in excluded from the statutory definition Government custody, except for a any medium by the agency. This term of records (see 44 U.S.C. 3301). An removal of custody taken in accordance covers materials not only actually filed agency’s records management program with the requirements of the National or otherwise systematically maintained also needs to include managing Industrial Security Program established but also those temporarily removed nonrecord materials. There are three under Executive Order 12829, as from existing filing systems. specific categories of materials excluded amended, or a successor Order. (6) Appropriate for preservation from the statutory definition of records: (c) Information which is restricted means documentary materials made or (a) Library and museum material (but from release under the Privacy Act of received which, in the judgment of the only if such material is made or 1974 (5 U.S.C. 552a), as amended, or agency, should be filed, stored, or acquired and preserved solely for other statutes may not be removed from otherwise systematically maintained by reference or exhibition purposes), Government custody except as an agency because of the evidence of including physical exhibits, artifacts, permitted under those statutes. agency activities or information they and other material objects lacking (d) This section does not apply to use contain, even if the materials are not evidential value. of records and nonrecord materials in covered by its current filing or (b) Extra copies of documents (but the course of conducting official agency maintenance procedures. only if the sole reason such copies are business, including telework and preserved is for convenience of authorized dissemination of § 1222.12 What types of documentary reference). information. materials are Federal records? (c) Stocks of publications and of (a) General. To ensure that complete processed documents. Catalogs, trade § 1222.20 How are personal files defined and managed? and accurate records are made and journals, and other publications that are retained in the Federal Government, received from other Government (a) Personal files are defined in agencies must distinguish between agencies, commercial firms, or private § 1220.18 of this subchapter. This records and nonrecord materials by institutions and that require no action section does not apply to agencies and applying the definition of records (see and are not part of a case on which positions that are covered by the 44 U.S.C. 3301 and 36 CFR 1220.18 and action is taken. (Stocks do not include Presidential Records Act of 1978 (44 1222.10 of this subchapter) to agency serial or record sets of agency U.S.C. 2201–2207) (see 36 CFR part documentary materials in all formats publications and processed documents, 1270 of this chapter). and media. including annual reports, brochures, (b) Personal files must be clearly (b) Record status. Documentary pamphlets, books, handbooks, posters designated as such and must be materials are records when they meet and maps.) maintained separately from the office’s the conditions specified in § 1222.10(b). official records. (c) Working files and similar § 1222.16 How are nonrecord materials (1) Information about private (non- managed? materials. Working files, such as agency) matters and agency business preliminary drafts and rough notes, and (a) Agencies must develop must not be mixed in outgoing agency other similar materials, are records that recordkeeping requirements to documents, such as correspondence and must be maintained to ensure adequate distinguish records from nonrecord messages. and proper documentation if: materials. (2) If information about private (1) They were circulated or made (b) The following guidelines should matters and agency business appears in available to employees, other than the be used in managing nonrecord a received document, the document is a creator, for official purposes such as materials: Federal record. Agencies may make a approval, comment, action, (1) If a clear determination cannot be copy of the document with the personal recommendation, follow-up, or to made, the materials should be treated as information deleted or redacted, and communicate with agency staff about records. Agencies may consult with treat the copy as the Federal record. agency business; and NARA for guidance. (3) Materials labeled ‘‘personal,’’ (2) Nonrecord materials must be (2) They contain unique information, ‘‘confidential,’’ or ‘‘private,’’ or similarly physically segregated from records or, such as substantive annotations or designated, and used in the transaction for electronic non-record materials, comments that adds to a proper of public business, are Federal records. readily identified and segregable from understanding of the agency’s The use of a label such as ‘‘personal’’ records; formulation and execution of basic does not affect the status of (3) Nonrecord materials should be policies, decisions, actions, or documentary materials in a Federal purged when no longer needed for responsibilities. agency. reference. NARA’s approval is not (d) Record status of copies. The required to destroy such materials. Subpart B—Agency Recordkeeping determination as to whether a particular Requirements document is a record does not depend § 1222.18 Under what conditions may upon whether it contains unique nonrecord materials be removed from § 1222.22 What records are required to information. Multiple copies of the Government agencies? provide for adequate documentation of same document and documents (a) Nonrecord materials, including agency business? containing duplicative information may extra copies of unclassified or formally To meet their obligation for adequate each have record status depending on declassified agency records kept only and proper documentation, agencies how they are used in conducting agency for convenience of reference, may be must prescribe the creation and business. removed by departing employees from maintenance of records that:

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(a) Document the persons, places, subchapter and inform all employees imposed government-wide by another things, or matters dealt with by the that they are responsible and agency with jurisdiction over the agency. accountable for keeping accurate and program or activity being conducted, (b) Facilitate action by agency officials complete records of their activities. e.g., requirements for records and their successors in office. concerning hazardous waste. Affected (c) Make possible a proper scrutiny by § 1222.26 What are the general agencies must include these the Congress or other duly authorized recordkeeping requirements for agency programs? requirements in appropriate directives agencies of the Government. or other official issuances prescribing (d) Protect the financial, legal, and To ensure the adequate and proper the agency’s organization, functions, or other rights of the Government and of documentation of agency programs, activities. persons directly affected by the each program must develop Government’s actions. recordkeeping requirements that § 1222.32 How do agencies manage (e) Document the formulation and identify: records created or received by contractors? execution of basic policies and (a) The record series and systems that (a) Agency officials responsible for decisions and the taking of necessary must be created and maintained to administering contracts must safeguard actions, including all substantive document program policies, procedures, records created, processed, or in the decisions and commitments reached functions, activities, and transactions; possession of a contractor or a non- orally (person-to-person, by (b) The office responsible for Federal entity by taking the following telecommunications, or in conference) maintaining the record copies of those steps: series and systems, and the applicable or electronically. (1) Agencies must ensure that system administrator responsible for (f) Document important board, contractors performing Federal ensuring authenticity, protection, and committee, or staff meetings. government agency functions create and ready retrieval of electronic records; maintain records that document these § 1222.24 How do agencies establish (c) Related records series and systems; recordkeeping requirements? (d) The relationship between paper activities. Agencies must specify in the contract Government ownership and the (a) Agencies must ensure that and electronic files in the same series; delivery to the Government of all procedures, directives and other and records necessary for the adequate and issuances; systems planning and (e) Policies, procedures, and strategies proper documentation of contractor- development documentation; and other for ensuring that records are retained operated agency activities and programs relevant records include recordkeeping long enough to meet programmatic, in accordance with requirements of the requirements for records in all media, administrative, fiscal, legal, and Federal Acquisition Regulation (FAR) including those records created or historical needs as authorized in a (Office of Federal Procurement Policy received on electronic mail systems. NARA-approved disposition schedule. Act of 1974 (Pub. L. 93–400), as Recordkeeping requirements must: § 1222.28 What are the series level amended by Pub. L. 96–83 41 U.S.C.), (1) Identify and prescribe specific recordkeeping requirements? and, where applicable, the Defense categories of records to be To ensure that record series and Federal Acquisition Regulation systematically created or received and systems adequately document agency Supplement (DFARS) (48 CFR parts maintained by agency personnel in the policies, transactions, and activities, 200–299). course of their official duties; (2) Specify the use of materials and each program must develop (2) Records management oversight of recording techniques that ensure the recordkeeping requirements for records contract records is necessary to ensure preservation of records as long as they series and systems that include: that all recordkeeping needs are met. All (a) Identification of information and are needed by the Government; records created for Government use and documentation that must be included in (3) Specify the manner in which these delivered to, or under the legal control the series and/or system; materials must be maintained wherever of, the Government must be managed in (b) Arrangement of each series and the held; accordance with Federal law. In records within the series and/or system; (4) Propose how long records must be addition, electronic records and (c) Identification of the location of the maintained for agency business through background electronic data specified for records and the staff responsible for the scheduling process in part 1225 of delivery to the contracting agency must maintaining the records; be accompanied by sufficient technical this subchapter; (d) Policies and procedures for (5) Distinguish records from documentation to permit understanding maintaining the documentation of nonrecord materials and comply with and use of the records and data. phone calls, meetings, instant messages, the provisions in Subchapter B (3) Contracts that require the creation and electronic mail exchanges that concerning records scheduling and of data for the Government’s use must include substantive information about disposition; specify, in addition to the final product, agency policies and activities; delivery of background supporting data (6) Include procedures to ensure that (e) Policies and procedures for or other records that may have reuse departing officials and employees do identifying working files and for value to the Government. To determine not remove Federal records from agency determining the record status of what background supporting data or custody and remove nonrecord working files in paper and electronic other records that contractors must materials only in accordance with form; and deliver, program and contracting § 1222.18; (f) Policies and procedures for officials must consult with agency (7) Define the special recordkeeping maintaining series consisting of records and information managers and responsibilities of program managers, different media. information technology staff, systems historians and, when appropriate, with administrators, and the general § 1222.30 When must agencies comply other Government agencies to ensure recordkeeping responsibilities of all with the recordkeeping requirements of that all Government needs are met, agency employees. other agencies? especially when the data deliverables (b) Agencies must provide the training Agencies must comply with support a new agency mission or a new described in § 1220.34(f) of this recordkeeping requirements that are Government program.

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(4) Deferred ordering and delivery-of- (g) Maintain personal files separately replacement with copies of current vital data clauses and rights-in-data clauses from records in accordance with records. This may occur daily, weekly, must be included in contracts whenever § 1222.20; and quarterly, annually or at other necessary to ensure adequate and proper (h) Comply with 36 CFR parts 1232 designated intervals. documentation or because the data have and 1234 of this subchapter when Disaster means an unexpected reuse value to the Government. storing records in a records facility. occurrence inflicting widespread (b) All data created for Government destruction and distress and having use and delivered to, or falling under PART 1223—MANAGING VITAL long-term adverse effects on agency the legal control of, the Government are RECORDS operations. Each agency defines what a long-term adverse effect is in relation to Federal records subject to the provisions Sec. of 44 U.S.C. chapters 21, 29, 31, and 33, 1223.1 What are the authorities for Part its most critical program activities. the Freedom of Information Act (FOIA) 1223? Emergency means a situation or an (5 U.S.C. 552), as amended, and the 1223.2 What definitions apply to this part? occurrence of a serious nature, Privacy Act of 1974 (5 U.S.C. 552a), as 1223.3 What standards are used as developing suddenly and unexpectedly, amended, and must be managed and guidance for Part 1223? and demanding immediate action. This scheduled for disposition only as 1223.4 What publications are incorporated is generally of short duration, for by reference in this part? provided in Subchapter B. example, an interruption of normal 1223.10 What is the purpose of Part 1223? agency operations for a week or less. It (c) Agencies must ensure that 1223.12 What are the objectives of a vital appropriate authority for retention of may involve electrical failure or minor records program? flooding caused by broken pipes. classified materials has been granted to 1223.14 What elements must a vital Emergency operating records are contractors or non-Government entities records program include? those types of vital records essential to participating in the National Industrial 1223.16 How are vital records identified? the continued functioning or Security Program (NISP), established 1223.18 Must vital records be in a reconstitution of an organization during under Executive order 12829, as particular form or format? 1223.20 What are the requirements for and after an emergency. Included are amended, or a successor Order. accessing vital records during an emergency plans and directive(s), orders § 1222.34 How must agencies maintain emergency? of succession, delegations of authority, records? 1223.22 How must agencies protect vital staffing assignments, selected program records? Agencies must implement a records records needed to continue the most 1223.24 When can vital records be critical agency operations, as well as maintenance program so that complete destroyed? records are filed or otherwise identified related policy or procedural records that Authority: 44 U.S.C. 3101; E.O. 12656, 53 assist agency staff in conducting and preserved, records can be readily FR 47491; E.O. 13231, 66 FR 53063. found when needed, and permanent and operations under emergency conditions temporary records are physically § 1223.1 What are the authorities for Part and for resuming normal operations segregated from each other or, for 1223? after an emergency. electronic records, segregable. Agency (a) The authorities for this part are 44 Legal and financial rights records are records maintenance programs must: U.S.C. 3101; Executive Orders 12656, that type of vital records essential to protect the legal and financial rights of (a) Institute procedures for organizing Assignment of Emergency Preparedness the Government and of the individuals and storing records; Responsibilities, and 13231, Critical directly affected by its activities. (b) Maintain electronic, audiovisual Infrastructure Protection in the Examples include accounts receivable and cartographic, and microform Information Age; and National Security records, social security records, payroll records in accordance with 36 CFR parts Presidential Directive (NSPD 51)/ records, retirement records, and 1236, 1237, and 1238 of this subchapter, Homeland Security Presidential insurance records. These records were respectively; Directive (HSPD–20) or applicable formerly defined as ‘‘rights-and- (c) Assign responsibilities for successor directives. These authorities require the head of each agency to make interests’’ records. maintenance of records in all formats National security emergency means and preserve records that contain within each agency component, any occurrence, including natural adequate and proper documentation of including designation of the officials disaster, military attack, technological the organization and to perform national that are responsible for maintenance emergency, or other emergency, that security emergency preparedness and disposition of electronic records seriously degrades or threatens the functions. and management of automated systems national security of the United States, as used for recordkeeping; (b) These regulations are in conformance with guidance provided in defined in Executive Order 12656. (d) Institute reference and retrieval Off-site storage means a facility other Federal Continuity Directive (FCD) 1, procedures and controls that: than an agency’s normal place of Federal Executive Branch National (1) Facilitate the finding, charging out, business where records are kept until Continuity Program and Requirements, and refiling of records, including eligible for final disposition. Vital and FCD 2, Federal Executive Branch safeguards against loss during transit; records may be kept at off-site storage to Mission Essential Function and Primary and ensure that they are not damaged or Mission Essential Function (2) Ensure that access to electronic destroyed should an emergency occur in Identification and Submission Process. records minimizes the risk of an agency’s normal place of business. unauthorized additions, deletions, or § 1223.2 What definitions apply to this Vital records means essential agency alterations; part? records that are needed to meet (e) Issue appropriate instructions to (a) See § 1220.18 of this subchapter operational responsibilities under all agency employees on handling and for definitions of terms used throughout national security emergencies or other protecting records; Subchapter B, including part 1223. emergency conditions (emergency (f) Maintain records and nonrecord (b) As used in part 1223— operating records) or to protect the legal materials separately, in accordance with Cycle means the periodic removal of and financial rights of the Government § 1222.16; obsolete copies of vital records and their and those affected by Government

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activities (legal and financial rights § 1223.10 What is the purpose of Part records-mgmt/vital-records/index.html records). 1223? for further information. Vital records program means the Part 1223 specifies policies and (b) Records may be maintained on a policies, plans, and procedures procedures needed to establish a variety of media including paper, developed and implemented and the program to identify, protect, and magnetic tape, optical disk, resources needed to identify, use, and manage vital records as part of an photographic film, and microform. In protect the essential records needed to agency’s continuity of operation plan selecting the media, agencies must meet operational responsibilities under designed to meet emergency ensure that equipment needed to read national security emergencies or other management responsibilities. the specific media will be available following an emergency or disaster. emergency conditions or to protect the § 1223.12 What are the objectives of a vital Government’s rights or those of its records program? § 1223.20 What are the requirements for citizens. This is a program element of an A vital records program has two accessing vital records during an agency’s emergency management objectives: emergency? function. (a) It provides an agency with the Agencies must establish retrieval § 1223.3 What standards are used as information it needs to conduct its procedures for vital records that are guidance for Part 1223? business under other than normal easily implemented, especially since operating conditions and to resume individuals unfamiliar with the records These regulations conform with normal business afterward; and may need to use them in an emergency. guidance provided in ISO 15489– (b) It enables agency officials to For electronic records systems, agencies 1:2001. Paragraphs 4 (Benefits of records identify and protect the most important must also ensure that appropriate management), Paragraphs 7.1 records dealing with the legal and hardware, software, and system (Principles of records management financial rights of the agency and of documentation adequate to operate the programmes) and 9.6 (Storage and persons directly affected by the agency’s system and access the records will be handling) apply to vital records. actions. available in case of an emergency. § 1223.4 What publications are § 1223.14 What elements must a vital § 1223.22 How must agencies protect vital incorporated by reference in this part? records program include? records? (a) Certain material is incorporated by To achieve compliance with this Agencies must take appropriate reference into this part with the section, an agency’s vital records measures to ensure the survival of the approval of the Director of the Federal program must contain all elements vital records or copies of vital records in Register under 5 U.S.C. 552(a) and 1 listed in FCD 1, Annex I (incorporated case of an emergency. CFR part 51. To enforce any edition by reference, see § 1223.4). In carrying (a) Duplication. Agencies may choose other than that specified in this section, out a vital records program, agencies to duplicate vital records as the primary NARA must publish notice of change in must: protection method. Duplication can be the Federal Register and the material (a) Specify agency staff to the same medium as the original must be available to the public. All responsibilities; record or to a different medium. When approved material is available for (b) Appropriately inform all staff agencies choose duplication as a inspection at the Office of the Federal about vital records; protection method, the copy of the vital Register. For information on the (c) Ensure that the designation of vital record stored off-site is normally a availability of this material at the Office records is current and complete; and duplicate of the original record. The of the Federal Register, call 202–741– (d) Ensure that vital records are agency may store the original records 6030 or go to http://www.archives.gov/ adequately protected, accessible, and off-site if their protection is necessary, federal_register/ immediately usable. or if it does not need to keep the original _ _ _ code of federal regulations/ § 1223.16 How are vital records identified? records at its normal place of business. _ ibr locations.html. Agencies identify vital records in the (b) Dispersal. Once records are (b) The material incorporated by context of the emergency management duplicated, they must be dispersed to reference is also available for inspection function. Vital records are those that are sites a sufficient distance away to avoid at NARA’s Archives Library Information needed to perform the most critical being subject to the same emergency. Center (NWCCA), Room 2380, 8601 functions of the agency and those Dispersal sites may be other office Adelphi Road, College Park, MD 20740– needed to protect legal and financial locations of the same agency or some 6001, phone number (301) 837–3415, rights of the Government and of the other site. and is available from the sources listed persons affected by its actions. Vital (c) Storage considerations. Copies of below. records also include emergency plans emergency operating vital records must be accessible in a very short period of (c) The following Web publication is and related records that specify how an time for use in the event of an available on-line at http:// agency will respond to an emergency. emergency. Copies of legal and financial www.fema.gov/pdf/about/offices/ The informational content of records rights records may not be needed as fcd1.pdf; it is published by the series and electronic records systems quickly. In deciding where to store vital Department of Homeland Security determines which are vital records. record copies, agencies must treat (DHS), 245 Murray Lane, Washington, Only the most recent and complete records that have the properties of both DC, 20528, phone number, (202) 245– sources of the information are vital categories, that is, emergency operating 2499. records. and legal and financial rights records, as (1) Federal Continuity Directive 1 § 1223.18 Must vital records be in a emergency operating records. (‘‘FCD 1’’): Federal Executive Branch particular form or format? (1) The off-site copy of legal and National Continuity Program and (a) Vital records can be original financial rights vital records may be Requirements, February 2008, IBR records or copies of records. Consult stored at an off-site agency location or, approved for § 1223.14. NARA records management guidance on in accordance with § 1233.12 of this (2) [Reserved] vital records at http://www.archives.gov/ subchapter, at a records storage facility.

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(2) When using a NARA records 1220.32(e), and 1220.34(c), (f), and (g) of § 1225.2 What definitions apply to this storage facility for storing vital records this subchapter agencies must: part? that are duplicate copies of original (a) Ensure that all records are See § 1220.18 of this subchapter for records, the agency must specify on the scheduled in accordance with part 1225 definitions of terms used throughout SF 135, Records Transmittal and of this subchapter, schedules are Subchapter B, including part 1225. Receipt, that they are vital records implemented in accordance with part § 1225.3 What standards are used as (duplicate copies) and the medium on 1226 of this subchapter, and permanent guidance for this part? which they are maintained. The agency records are transferred to the National These regulations conform with must also periodically cycle (update) Archives of the United States. guidance provided in ISO 15489– them by removing obsolete items and (b) Promptly disseminate and 1:2001, Information and replacing them with the most recent implement NARA-approved agency documentation—Records management. version. schedules and additions and changes to Paragraphs 4 (Benefits of records § 1223.24 When can vital records be the General Records Schedules (GRS) in management), 6.3 (Responsibilities), 7.1 destroyed? accordance with § 1226.12(a) of this (Principles of records management The disposition of vital records that subchapter. programmes), 8.3.7 (Retention and are original records is governed by (c) Regularly review agency-generated disposition), 9.2 (Determining how long records schedules approved by NARA schedules, and, if necessary, update to retain records), 9.10 (Documenting (see part 1225, Scheduling Records, of them. records management processes), 10 (Records management processes and this subchapter). Agencies must not (d) Incorporate records retention and controls), and 11 (Monitoring and destroy original records that are not disposition functionality during the auditing) apply to records scheduling. scheduled. Duplicate copies created and design, development, and maintained for vital records purposes implementation of new or revised § 1225.10 What Federal records must be only may be destroyed when recordkeeping systems (whether paper scheduled? superseded or obsolete during the or electronic). See § 1236.6 of this All Federal records, including those routine vital records cycle process. subchapter. created or maintained for the Government by a contractor, must be PART 1224—RECORDS DISPOSITION (e) Provide training and guidance to covered by a NARA-approved agency PROGRAMS all employees on agency records disposition requirements and disposition authority, SF 115, Request Sec. procedures and other significant aspects for Records Disposition Authority, or 1224.1 What are the authorities for Part of the records disposition program. the NARA General Records Schedules. 1224? When a new or revised records schedule 1224.2 What definitions apply to this part? § 1225.12 How are records schedules is issued, provide specific guidance to developed? 1224.3 What standards are used as employees responsible for applying the guidance for this part? The principal steps in developing schedule. 1224.10 What must agencies do to agency records schedules are listed implement an effective records PART 1225—SCHEDULING RECORDS below. Additional details that may be disposition program? helpful are provided in the NARA Authority: 44 U.S.C. 2111, 2904, 3102, and Sec. records management handbook, 3301. 1225.1 What are the authorities for this Disposition of Federal Records at http:// part? www.archives.gov/records-mgmt/ § 1224.1 What are the authorities for Part 1225.2 What definitions apply to this part? publications/disposition-of-federal- 1224? 1225.3 What standards are used as records/index.html. The statutory authorities for this part guidance for this part? (a) Conduct a functional or work 1225.10 What Federal records must be are 44 U.S.C. 2111, 2904, 3102, and process analysis to identify the 3301. scheduled? 1225.12 How are records schedules functions or activities performed by § 1224.2 What definitions apply to this developed? each organization or unit. Identify the part? 1225.14 How do agencies schedule recordkeeping requirements for each. permanent records? (b) Prepare an inventory for each See § 1220.18 of this subchapter for 1225.16 How do agencies schedule function or activity to identify records definitions of terms used in part 1224. temporary records? series, systems, and nonrecord § 1224.3 What standards are used as 1225.18 How do agencies request records materials. guidance for this part? disposition authority? (c) Determine the appropriate scope of 1225.20 When do agencies have to get GAO the records schedule items, e.g., These regulations conform with approval for schedules? guidance provided in ISO 15489– 1225.22 When must scheduled records be individual series/system component, 1:2001, Information and rescheduled? work process, group of related work documentation—Records management. 1225.24 When can an agency apply processes, or broad program area. Paragraphs 7.1 (Principles of records previously approved schedules to (d) Evaluate the period of time the management programmes), 8.3.7 electronic records? agency needs each records series or (Retention and disposition), 8.5 1225.26 How do agencies change a system based on use, value to agency disposition authority? (Discontinuing records systems), and 9.9 operations and oversight agencies, and (Implementing disposition) apply to Authority: 44 U.S.C. 2111, 2904, 2905, legal obligations. Determine whether a records disposition. 3102, and Chapter 33. fixed or flexible retention period is more appropriate. For records proposed as § 1224.10 What must agencies do to § 1225.1 What are the authorities for this temporary, specify a retention period implement an effective records disposition part? that meets agency business needs and program? The statutory authorities for this part legal requirements. For records In order to properly implement the are 44 U.S.C. 2111, 2904, 2905, 3102, proposed as permanent records, identify provisions of §§ 1220.30(c)(2), and Chapter 33. how long the records are needed by the

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agency before they are transferred to the records will be transferred to the (ii) If the records series, system, or NARA. National Archives of the United States, other aggregation is nonrecurring, i.e., (e) Determine whether the proposed and if appropriate, the time period for no additional records will be created or disposition should be limited to records returning inactive records to an acquired, the SF 115 must specify either in a specific medium. Records approved records storage facility. immediate destruction or destruction on schedules submitted to NARA for (ii) If the records series or system is a future date. approval on or after December 17, 2007, nonrecurring, i.e., no additional records (c) Determination. If NARA are media neutral, i.e., the disposition will be created or acquired, the agency determines that the proposed instructions apply to the described must propose either that the records be disposition is not consistent with the records in any medium, unless the transferred to the National Archives of value of the records, it will request that schedule identifies a specific medium the United States immediately or set the agency make appropriate changes. for a specific series. transfer for a fixed date in the future. (1) If NARA determines that records (f) Compile a schedule for records, (c) Determination. NARA will proposed as temporary merit permanent including descriptions and disposition appraise the records to determine if they retention and transfer to the National instructions for each item, using an SF have sufficient value to warrant archival Archives of the United States, the 115. permanent preservation. If NARA agency must change the disposition (g) Obtain internal clearances, as determines either that records are not instruction prior to approval of the SF appropriate, from program offices and permanent or that the transfer 115. other stakeholders such as the legal instructions are not appropriate: (2) If NARA and the agency cannot counsel, chief information officer, (1) NARA will notify the agency and agree on the retention period for an electronic systems manager, and agency negotiate an appropriate disposition. item(s), the items(s) will be withdrawn. historian, as appropriate. The disposition instruction on the SF In these cases, the agency must submit (h) Obtain approval from the 115 will be modified prior to NARA an SF 115 with a revised proposal for Government Accountability Office approval; or disposition; unscheduled records must (GAO), when required (see § 1225.20(a) (2) If NARA and the agency cannot be treated as permanent until a new for the categories that require GAO agree on the disposition instruction for schedule is approved. approval). an item(s), the items(s) will be § 1225.18 How do agencies request (i) Submit an SF 115 covering only withdrawn. In these cases, the agency records disposition authority? new or revised record items to NARA must submit an SF 115 with a revised (a) Federal agencies submit an SF 115 for approval (see § 1225.18(d)). proposal for disposition; unscheduled to NARA to request authority to (j) The disposition instructions on SF records must be treated as permanent schedule (establish the disposition for) 115s approved by the Archivist of the until a new schedule is approved. permanent and temporary records, United States are mandatory (44 U.S.C. either on a recurring or one-time basis. 3314). § 1225.16 How do agencies schedule temporary records? (b) SF 115s include only records not covered by the General Records § 1225.14 How do agencies schedule (a) Identification. Federal agencies Schedules (GRS) (see part 1227 of this permanent records? request authority to dispose of records, subchapter), deviations from the GRS (a) Identification. Identify potentially either immediately or on a recurring (see § 1227.12 of this subchapter), or permanent records. Useful guidelines in basis. Requests for immediate disposal previously scheduled records requiring the identification of permanent Federal are limited to existing records that no changes in retention periods or records may be found in the NARA longer accumulate. For recurring substantive changes in description. records management handbook, records, approved schedules provide (c) SF 115s do not include nonrecord Disposition of Federal Records (see continuing authority to destroy the material. The disposition of nonrecord § 1225.12 for the Web site address of records. The retention periods approved materials is determined by agencies and this publication). by NARA are mandatory, and the does not require NARA approval. (b) Requirements. Each item proposed agency must dispose of the records after (d) The following elements are for permanent retention on an SF 115 expiration of the retention period, required on a SF 115: must include the following: except as provided in §§ 1226.18 and (1) Title and description of the (1) Descriptive title of the records 1226.20 of this subchapter. records covered by each item. series, component of an information (b) Requirements. Each item on an SF (2) Disposition instructions that can system, or appropriate aggregation of 115 proposed for eventual destruction be readily applied. Records schedules series and/or information system must include the following: must provide for: components. The descriptive title must (1) Descriptive title familiar to agency (i) The destruction of records that no be meaningful to agency personnel; personnel; longer have sufficient value to justify (2) Complete description of the (2) Description of the records further retention (see § 1224.10(b) of this records including: including agency function, physical subchapter); and (i) Agency function; type(s) and informational content; (ii) The identification of potentially (ii) Physical type, if appropriate; (3) Disposition instructions developed permanent records and provisions for (iii) Inclusive dates; using the following guidelines: their transfer to the legal custody of (iv) Statement of how records are (i) If the record series, component of NARA. arranged; an electronic information system, or (3) Certification that the records (v) Statement of restrictions on access appropriate aggregation of series and/or proposed for disposition are not now under the FOIA if the records are automated system components is needed for the business of the agency or proposed for immediate transfer; current and continuing, the SF 115 must will not be needed after the specified (3) Disposition instructions developed include file breaks, retention period or retention periods. The signature of the using the following guidelines: event after which the records will be authorized agency representative on the (i) If the records series or system is destroyed, and, if appropriate, transfer SF 115 provides certification. current and continuing, the SF 115 must period for retiring inactive records to an (e) NARA will return SF 115s that are specify the period of time after which approved records storage facility. improperly prepared. The agency must

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make the necessary corrections and (2) The previously approved schedule approved schedule are required, follow resubmit the form to NARA. explicitly excludes electronic records. § 1225.26. (3) The electronic records consist of (c) Scanned images of temporary § 1225.20 When do agencies have to get program records maintained on an records, including temporary program GAO approval for schedules? agency Web site. records. The agency must apply the (a), Federal agencies must obtain the (4) The electronic records consist of previously approved schedule. If approval of the Comptroller General for temporary program records maintained changes in the approved schedule are the disposal of the following types of in a format other than scanned image required, follow § 1225.26. records: AND the previously approved schedule (d) Other temporary records (1) Program records less than 3 years is not media neutral. maintained in an electronic format old, other than scanned images. (2) Deviations from General Records § 1225.24 When can an agency apply (1) For temporary records that are Schedule 2–10 (see § 1227.10 of this previously approved schedules to covered by an item in a General Records subchapter for a definition of general electronic records? Schedule (other than those General records schedules), and If the conditions specified in Records Schedule items that exclude (b) This approval must be obtained § 1225.22(h) do not apply, the following electronic master files and databases) or before NARA will approve the conditions apply: an agency-specific schedule that disposition request. (a) Permanent records. pertains to administrative housekeeping (1) The agency may apply a activities, apply the previously § 1225.22 When must scheduled records previously approved schedule for hard approved schedule. If the electronic be rescheduled? copy records to electronic versions of records consist of information drawn Agencies must submit an SF 115, the permanent records when the from multiple hard copy series, apply Request for Records Disposition electronic records system replaces a the previously approved schedule item Authority, to NARA in the following single series of hard copy permanent with the longest retention period. situations: records or the electronic records consist (2) For temporary program records (a) If an interagency reorganization of information drawn from multiple covered by a NARA-approved media reassigns functions to an existing previously scheduled permanent series. neutral schedule item (i.e., the item department or agency, the gaining Agencies must notify the National appears on a schedule submitted to organization must submit an SF 115 to Archives and Records Administration, NARA for approval before December 17, NARA within one year of the Modern Records Programs (NWM), 8601 2007, that is explicitly stated to be reorganization. Schedules approved for Adelphi Road, College Park, MD 20740– media neutral, or it appears on a one department or independent agency 6001, phone number 301–837–1738, in schedule submitted to NARA for do not apply to records of other writing of series of records that have approval on or after December 17, 2007, departments or agencies. been previously scheduled as that is not explicitly limited to a specific (b) If a new department or agency permanent in hard copy form, including recordkeeping medium), apply the assumes functions from an existing one, special media records as described in 36 previously approved schedule. the new agency must schedule records CFR 1235.52 of this subchapter. An documenting the acquired functions and § 1225.26 How do agencies change a agency should send the notification to disposition authority? all other records not covered by the GRS the NARA unit that processes its within two years. schedules. The notification must be Agencies must submit an SF 115 to permanently change the approved (c) If an agency needs to deviate from submitted within 90 days of when the disposition of records. Disposition retention periods in the GRS. electronic recordkeeping system authorities are automatically superseded (d) If an agency needs to change becomes operational and must contain by approval of a later SF 115 for the retention periods for records previously the: same records unless the later SF 115 appraised as temporary by NARA. (i) Name of agency; (e) If an agency needs to change the (ii) Name of the electronic system; specifies an effective date. As provided approved disposition of records from (iii) Organizational unit(s) or agency in § 1226.20(c) of this subchapter, permanent to temporary or vice versa. program that records support; agencies are authorized to retain records (f) If an agency needs to modify the (iv) Current disposition authority eligible for destruction until the new description of records because the reference; and schedule is approved. (a) SF 115s that revise previously informational content of the records (v) Format of the records (e.g., approved disposition authorities must and/or the function documented by the database, scanned images, digital cite all of the following, if applicable: records changes. photographs, etc.). (1) The SF 115 and item numbers to (g) If an agency decides to change the (2) If the electronic records include be superseded; scope of the records schedule items to information drawn from both temporary (2) The General Records Schedules include a greater or lesser aggregation of and permanent hard copy series, an and item numbers that cover the records (see § 1225.12(c)), unless agency either may apply a previously records, if any; and § 1225.24 applies. approved permanent disposition (3) The current published records (h) Agencies must submit a new authority, after submitting the disposition manual and item numbers; schedule to NARA for electronic notification required by paragraph (a)(1) or the General Records Schedules and versions of previously scheduled of this section or may submit a new item numbers that cover the records. records if: schedule if the agency believes the (b) Agencies must submit with the SF (1) The content and function of the electronic records do not warrant 115 an explanation and justification for records have changed significantly (e.g., permanent retention. the change. the electronic records contain (b) Temporary still pictures, sound (c) For temporary retention of records information that is substantially recordings, motion picture film, and beyond their normal retention period, different from the information included video recordings. The agency must see § 1226.18 of this subchapter. in the hard copy series or are used for apply the previously approved schedule (d) Agencies must secure NARA different purposes). to digital versions. If changes in the approval of a change in the period of

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time that permanent records will remain specified in the schedule to conduct reorganization must promptly submit an in agency legal custody prior to transfer Government business, protect rights, SF 115 to NARA for disposition to the National Archives of the United avoid waste, and preserve permanent authorization. Until the new records States. To request approval, agencies records for transfer to the National schedule is approved, the records are send written requests to the National Archives of the United States. unscheduled. See § 1225.22 of this Archives and Records Administration, subchapter. Modern Records Programs (NWM), 8601 § 1226.12 How do agencies disseminate approved schedules? (d) Unless otherwise specified, newly Adelphi Road, College Park, MD 20740– approved disposition authorities apply 6001, phone number (301) 837–1738. (a) Agencies must issue disposition retroactively to all existing records as NARA approval is documented as an authorities through their internal described in the schedule. annotation to the schedule item. A new directives system within six months of approval of the SF 115 or GRS to ensure (e) When required by court order (i.e., SF 115 is not required to extend the order for expungement or destruction), time period of agency legal custody. proper distribution and application of the schedule. The directive must cite an agency may destroy temporary records before their NARA-authorized PART 1226—IMPLEMENTING the legal authority (GRS or SF 115 and disposition date. In accordance with DISPOSITION item numbers) for each schedule item covering records. § 1230.14 of this subchapter, an agency Sec. (b) Agencies must send, via link or must notify the National Archives and 1226.1 What are the general authorities for file, an electronic copy of each Records Administration, Modern this part? Records Programs (NWM), 8601 1226.2 What definitions apply to this part? published agency schedule, directive, and other policy issuance relating to Adelphi Road, College Park, MD 20740– 1226.3 What standards are used as 6001, phone number (301) 837–1738, guidance for this part? records disposition to NARA at 1226.10 Must agencies apply approved [email protected] when when permanent or unscheduled schedules to their records? the directive, manual, or policy issuance records are to be destroyed in response 1226.12 How do agencies disseminate is posted or distributed. to a court order. If the records have approved schedules? (c) The submission must include the significant historical value, NARA will 1226.14 What are the limitations in name, title, agency, address, and phone promptly advise the agency of any applying approved records schedule? concerns over their destruction. 1226.16 Does NARA ever withdraw number of the submitter. If the disposition authority? comprehensive records schedule or § 1226.16 Does NARA ever withdraw 1226.18 When may agencies temporarily other policy issuance is posted on a disposition authority? extend retention periods? publicly available Web site, the agency (a) When required to ensure the 1226.20 How do agencies temporarily must provide the full Internet address preservation of Government records, or extend retention periods? (URL). 1226.22 When must agencies transfer when required by an emergency, or to permanent records? § 1226.14 What are the limitations in maintain efficiency of Government 1226.24 How must agencies destroy applying approved records schedules? operations, NARA will withdraw temporary records? Agencies must apply the approved disposal authorizations in approved 1226.26 How do agencies donate schedules (44 U.S.C. 2909). This temporary records? records disposition schedules to their agency’s records as follows withdrawal may apply to particular Authority: 44 U.S.C. 2111, 2904, 3102, and (a) Records described by items items on agency schedules or may apply 3301. marked ‘‘disposition not approved’’ or to all existing authorizations for a § 1226.1 What are the general authorities ‘‘withdrawn’’ may not be destroyed specified type of record in any or all for this part? until a specific disposition has been agencies. The statutory authorities are 44 U.S.C. approved by NARA. (b) To both impose and rescind the 2107, 2111, 2904, 3102, 3301 and 3302. (b) Disposition authorities for items withdrawal, NARA will notify the on approved SF 115s that specify an affected agency or agencies in writing, § 1226.2 What definitions apply to this organizational component of the either by letter or NARA bulletin. part? department or independent agency as See § 1220.18 of this subchapter for § 1226.18 When may agencies temporarily the creator or custodian of the records extend retention periods? definitions of terms used throughout may be applied to the same records after Subchapter B, including part 1226. internal reorganization, but only if the (a) Agencies may temporarily retain nature, content, and functional records approved for destruction § 1226.3 What standards are used as beyond their NARA-approved retention guidance for this part? importance of the records remain the period if special circumstances alter the These regulations conform with same. Authority approved for items described in a functional format may be normal administrative, legal, or fiscal guidance in ISO 15489–1:2001, value of the records. Information and documentation— applied to any organizational (1) Agencies must not retain records Records management, sections 8.3.7 component within the department or whose disposal after a specified period (Retention and disposition), 8.5 independent agency that is responsible is required by statute, unless retention (Discontinuing records systems), 9.2 for the relevant function. is ordered by a Court. (Determining how long to retain (c) Disposition authorities approved records), and 9.9 (Implementing for one department or independent (2) In determining whether or not to disposition). agency may not be applied to records of temporarily extend the retention period another department or agency. of records, agencies must ensure that the § 1226.10 Must agencies apply approved Departments or agencies that acquire extension of retention is consistent with schedules to their records? records from another department or the requirement contained in 5 U.S.C. The application of approved agency, and/or continue creating the 552a (Privacy Act of 1974, as amended) schedules is mandatory except as same series of records previously that records concerning individuals are provided in §§ 1226.16 and 1226.18. created by another department or maintained only if relevant and Federal records must be retained as agency through interagency necessary to accomplish a purpose of

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the agency that is required by law or accordance with procedures specified has requested them. Records that are not Executive order. under § 1235.12 of this subchapter. eligible for disposal cannot be donated. (b) If the records that are to be (b) Agencies request the approval of temporarily retained beyond their § 1226.24 How must agencies destroy temporary records? such a donation by sending a letter to approved destruction date have been the National Archives and Records transferred to records storage facilities, (a) Sale or salvage of unrestricted Administration, Modern Records agencies must notify the facility. records—(1) Paper records. Paper Programs (NWM), 8601 Adelphi Road, (c) Once the special circumstances records to be destroyed normally must College Park, MD 20740–6001, phone that require extended retention of be sold as wastepaper, or otherwise number (301) 837–1738. The request records have elapsed, agencies must salvaged. All sales must follow the must include: established procedures for the sale of destroy the records in accordance with (1) The name of the department or surplus personal property. (See 41 CFR the NARA-approved disposition agency, and relevant subdivisions, part 101—45, Sale, Abandonment, or instructions. having custody of the records; (d) Agencies must submit an SF 115 Destruction of Personal Property.) The to NARA to change schedule provisions contract for sale must prohibit the resale (2) The name and address of the on a continuing basis in accordance of all records for use as records or proposed recipient of the records; with § 1225.26 of this subchapter. documents. (3) A list containing: Agencies may retain records eligible for (2) Records on electronic and other (i) Description of the records to be destruction until the new schedule is media. Records other than paper records transferred, approved. (audio, visual, and electronic records on (ii) The inclusive dates of the records, physical media data tapes, disks, and (iii) The SF 115 or GRS and item § 1226.20 How do agencies temporarily diskettes) may be salvaged and sold in extend retention periods? numbers that authorize destruction of the same manner and under the same the records; (a) Agencies must secure NARA conditions as paper records. (4) A statement providing evidence: written approval to retain records series (b) Destruction of unrestricted or systems that are eligible for (i) That the proposed donation is in records. Unrestricted records that the best interests of the Government, destruction under NARA-approved agencies cannot sell or otherwise schedules except when: salvage must be destroyed by burning, (ii) That the proposed recipient agrees (1) The agency has requested a change pulping, shredding, macerating, or other not to sell the records as records or in the records schedule in accordance suitable means authorized by documents, and with § 1225.26 of this subchapter, in implementing regulations issued under (iii) That the donation will be made which case the agency is authorized to E.O. 12958, as amended or its successor. without cost to the U.S. Government; retain records eligible for destruction (5) A certification that: until the new SF 115 is approved; (c) Destruction of classified or (i) The records contain no information (2) The records will be needed for less otherwise restricted records. If the the disclosure of which is prohibited by than one year; or records are restricted because they are law or contrary to the public interest, (3) A court order requires retention of national security classified or exempted and/or the records. from disclosure by statute, including the (b) To request an extension, agencies Privacy Act, or regulation: (ii) The records proposed for transfer must send a letter to the National (1) Paper records. For paper records, to a person or commercial business are Archives and Records Administration, the agency or its wastepaper contractor directly pertinent to the custody or Modern Records Programs (NWM), 8601 must definitively destroy the operations of properties acquired from Adelphi Road, College Park, MD 20740– information contained in the records by the Government, and/or 6001, phone number (301) 837–1738. one of the means specified in paragraph (iii) A foreign government desiring the Along with a justification, the request (b) of this section and their destruction records has an official interest in them. must include: must be witnessed either by a Federal (c) NARA will determine whether the (1) A concise description of the employee or, if authorized by the donation is in the public interest and records series for which the extension is agency, by a contractor employee. notify the requesting agency of its requested. (2) Electronic records. Electronic decision in writing. If NARA determines (2) A citation to the agency records records scheduled for destruction must such a proposed donation is contrary to schedule or the GRS currently governing be disposed of in a manner that ensures the public interest, the agency must disposition of the records; protection of any sensitive, proprietary, destroy the records in accordance with (3) A statement of the estimated or national security information. the appropriate disposition authority. period of time that the records will be Magnetic recording media previously required; and used for electronic records containing PART 1227—GENERAL RECORDS (4) For records in the agency’s sensitive, proprietary, or national SCHEDULES custody, a statement of the current and security information must not be reused if the previously recorded information Sec. proposed physical location of the 1227.1 What are the authorities for Part records. can be compromised in any way by 1227? (c) Agencies must ensure that records reuse of the media. 1227.2 What definitions apply to this part? in records storage facilities are retained § 1226.26 How do agencies donate 1227.3 What standards are used as for the duration of the extension. temporary records? guidance for this part? 1227.10 What are General Records § 1226.22 When must agencies transfer (a) Agencies must obtain written Schedules (GRS)? permanent records? approval from NARA before donating 1227.12 When must agencies apply the All records scheduled as permanent records eligible for disposal to an GRS? must be transferred to the National appropriate person, organization, 1227.14 How do I obtain copies of the Archives of the United States after the institution, corporation, or government GRS? period specified on the SF 115 in (including a foreign government) that Authority: 44 U.S.C. 3303a(d).

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§ 1227.1 What are the authorities for Part 1:2001, Information and transfer to the National Archives of the 1227? documentation—Records management, United States of permanent records that The statutory authority for this part is paragraphs 9.2 (Determining how long are common to several or all agencies. 44 U.S.C. 3303a(d). to retain records) and 9.9 (Implementing disposition). § 1227.12 When must agencies apply the § 1227.2 What definitions apply to this GRS? part? § 1227.10 What are General Records See § 1220.18 of this subchapter for Schedules (GRS)? (a) Agencies apply the disposition definitions of terms used in part 1227. instructions of the GRS, as provided in General Records Schedules (GRS) are the following table. § 1227.3 What standards are used as schedules issued by the Archivist of the guidance for this part? United States that authorize, after These regulations conform with specified periods of time, the guidance provided in ISO 15489– destruction of temporary records or the

When NARA issues a new or revised GRS, and . . . Then . . .

(1) The new or revised GRS states that the provisions must be fol- All agencies must follow the disposition instructions of the GRS, re- lowed without exception. gardless of whether or not they have existing schedules. (2) Your agency does not have an existing schedule for these records. Your agency must follow the disposition instructions of the GRS. If your agency’s needs require a different retention period, then your agency must submit an SF 115 in accordance with 36 CFR part 1225 of this subchapter, and a justification for the deviation. (3) When your agency has an existing schedule and the new or revised Your agency may follow the disposition instructions in either the GRS GRS permits use of existing agency-specific schedules. or the existing agency schedule, but it must follow the same instruc- tions throughout the agency and instruct its staff to do so. If your agency chooses to follow its own schedule, then it must notify NARA within 120 days of the issuance of the new or revised GRS. (4) Your agency does not create or maintain any of the records ad- No action is required. dressed by that GRS.

(b) Except as provided in the table in 1228.12 How do agencies obtain approval scanning the records in response to a paragraph (a), agencies must incorporate to loan permanent or unscheduled loan request. in their disposition manual or otherwise records? disseminate new and revised GRS 1228.14 How will NARA handle a loan § 1228.12 How do agencies obtain request? approval to loan permanent or unscheduled within 6 months after NARA has issued 1228.16 When must agencies retrieve records? the GRS Transmittal. records that have been loaned? (a) An agency proposing to loan (c) NARA may, at its discretion, apply Authority: 44 U.S.C. 2904. permanent or unscheduled records must the provisions of the GRS to records in prepare a written loan agreement with its legal custody, subject to the § 1228.1 What are the authorities for this the proposed recipient. The agreement provisions of § 1235.34 of this part? must include: subchapter. The statutory authority for this part is (1) The name of the department or § 1227.14 How do I obtain copies of the 44 U.S.C. 2904. agency and subdivisions having custody GRS? § 1228.2 What definitions apply to this of the records; (a) The GRS and instructions for their part? (2) The name and address of the proposed recipient of the records; use are available online at http:// See § 1220.18 of this subchapter for (3) A list containing: www.archives.gov/records-mgmt/ardor/ definitions of terms used in part 1228. records-schedules.html. They are also (i) Identification of the records to be available by writing to the National § 1228.8 Do loans of temporary records loaned, by series or system; Archives and Records Administration, require NARA approval? (ii) The inclusive dates for each series Modern Records Programs (NWM), 8601 Loans of temporary records between or system; Adelphi Road, College Park, MD 20740– Federal agencies or to non-Federal (iii) The volume and media of the 6001, phone number (301) 837–1738. recipients do not require approval from records to be loaned; and (b) NARA distributes new and revised NARA. The lending agency is (iv) The NARA disposition job (SF GRS to Federal agencies under responsible for documenting the loan 115) and item numbers covering the sequentially numbered GRS and return of the records. records, if any. transmittals. (4) A statement of the purpose and § 1228.10 When do loans of permanent duration of the loan; PART 1228—LOAN OF PERMANENT and unscheduled records require NARA (5) A statement specifying any AND UNSCHEDULED RECORDS approval? restrictions on the use of the records Loans of permanent or unscheduled and how these restrictions will be Sec. records between Federal agencies or to imposed by the recipient; 1228.1 What are the authorities for this non-Federal recipients require prior (6) A certification that the records will part? written approval from NARA. The loan be stored in areas with security and 1228.2 What definitions apply to this part? 1228.8 Do loans of temporary records of permanent or unscheduled records environmental controls equal to those require NARA approval? increases the likelihood of the records specified in part 1234 of this 1228.10 When do loans of permanent and becoming lost, misplaced, or subchapter; and unscheduled records require NARA incorporated into other files. Agencies (7) A signature block for the Archivist approval? should consider reproducing or of the United States. The loan must not

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take place until the Archivist has signed § 1229.1 What is the scope of this part? historical, or other value to warrant the agreement. This part describes certain conditions their continued preservation. (b) On request, NARA may allow an under which records may be destroyed (b) Within six months after the agency to prepare an annual loan without regard to the provisions of part destruction of any records under this agreement covering multiple transfers 1226 of this subchapter. authorization, the agency official who from the same series of records to directed the destruction must submit to another single Federal agency. § 1229.2 What are the authorities for this the National Archives and Records (c) The agency must send a written part? Administration, Modern Records request to the National Archives and The statutory authorities for this part Programs (NWM), 8601 Adelphi Road, Records Administration, Modern are 44 U.S.C. 3310 and 3311. College Park, MD 20740–6001, phone Records Programs (NWM), 8601 § 1229.3 What definitions apply to this number (301) 837–1738, a written Adelphi Road, College Park, MD 20740– part? statement explaining the reasons for the 6001, phone number (301) 837–1738, destruction and a description of the transmitting the proposed loan See § 1220.18 of this subchapter for records and how, when, and where the agreement, citing the rationale for not definitions of terms used in part 1229. destruction was accomplished. providing copies in place of the original § 1229.10 What steps must be taken when records, and specifying the name, title, records are a continuing menace to health PART 1230—UNLAWFUL OR and phone number of an agency contact. or life, or to property? ACCIDENTAL REMOVAL, DEFACING, ALTERATION, OR DESTRUCTION OF The request must be submitted or When NARA and the agency that has RECORDS approved by the individual authorized custody of them jointly determine that to sign records schedules as described records in the custody of an agency of Sec. in § 1220.34(b) of this subchapter. the U.S. Government are a continuing 1230.1 What are the authorities for part § 1228.14 How will NARA handle a loan menace to human health or life, or to 1230? request? property, NARA will authorize the 1230.2 What standards are used as guidance for this part? (a) NARA will review the request and, agency to eliminate the menace immediately by any method necessary: 1230.3 What definitions apply to this part? if it is approved, return the signed 1230.10 Who is responsible for preventing agreement to the agency within 30 days. (a) When an agency identifies records the unlawful or accidental removal, (b) NARA will deny the request that pose a continuing menace to human defacing, alteration, or destruction of within 30 days if the records are due or health or life, or to property, the records records? past due to be transferred to the officer or other designee must 1230.12 What are the penalties for unlawful National Archives of the United States immediately notify the National or accidental removal, defacing, in accordance with part 1235 of this Archives and Records Administration, alteration, or destruction of records? Modern Records Programs (NWM), 8601 1230.14 How do agencies report incidents? subchapter, if the loan would endanger 1230.16 How does NARA handle the records, or if the loan would Adelphi Road, College Park, MD 20740– 6001, phone number (301) 837–1738. allegations of damage, alienation, or otherwise violate the regulations in 36 unauthorized destruction of records? CFR chapter XII, subchapter B. NARA The notice must specify the description 1230.18 What assistance is available to will notify the agency in writing if it of the records, their location and agencies to recover unlawfully removed disapproves the loan and the reasons for quantity, and the nature of the menace. records? Notice may be given via e-mail to the disapproval of the loan. Authority: 44 U.S.C. 3105 and 3106. [email protected], or via § 1228.16 When must agencies retrieve phone, (301) 837–1738, or fax, (301) § 1230.1 What are the authorities for part records that have been loaned? 837–3698, to NWM or the NARA 1230? An agency must contact the recipient Regional Administrator. The statutory authorities for this part of loaned permanent or unscheduled (b) If NARA concurs in a are 44 U.S.C. 3105 and 3106. records 30 days prior to the expiration determination that the records must be of the loan period (as stated in the loan destroyed, NARA will notify the agency § 1230.2 What standards are used as agreement) to arrange for the return of to immediately destroy the records. guidance for this part? the records. If the agency extends the (c) If NARA does not concur that the These regulations conform with duration of the loan, it must notify menace must be eliminated by guidance provided in ISO 15489– NARA (see § 1228.12(b)) in writing, destruction of the records, NARA will 1:2001, par. 6.3 (Responsibilities), 7.2 specifying the reason for the extension advise the agency on remedial action to (Characteristics of a record), 8.2 and providing the new expiration date address the menace. (Records systems characteristics), and of the loan. 8.3 (Designing and implementing § 1229.12 What are the requirements records systems). PART 1229—EMERGENCY during a state of war or threatened war? AUTHORIZATION TO DESTROY (a) Destruction of records outside the § 1230.3 What definitions apply to this RECORDS territorial limits of the continental part? United States is authorized whenever, (a) See § 1220.18 of this subchapter Sec. during a state of war between the United for definitions of terms used throughout 1229.1 What is the scope of this part? Subchapter B, including part 1230. 1229.2 What are the authorities for this States and any other nation or when part? hostile action appears imminent, the (b) As used in part 1230— 1229.3 What definitions apply to this part? head of the agency that has custody of Alteration means the unauthorized 1229.10 What steps must be taken when the records determines that their annotation, addition, or deletion to a records are a continuing menace to retention would be prejudicial to the record. health or life, or to property? interest of the United States, or that they Deface means to obliterate, mar, or 1229.12 What are the requirements during a occupy space urgently needed for spoil the appearance or surface of a state of war or threatened war? military purposes and are without record that impairs the usefulness or Authority: 44 U.S.C. 3310 and 3311. sufficient administrative, fiscal, legal, value of the record.

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Removal means selling, donating, (1) A complete description of the § 1231.1 What is the authority for part loaning, transferring, stealing, or records with volume and dates if 1231? otherwise allowing a record to leave the known; The authority for this part is 44 U.S.C. custody of a Federal agency without the (2) The office maintaining the records; 2908. permission of the Archivist of the (3) A statement of the exact United States. circumstances surrounding the removal, § 1231.2 What definitions apply to this part? Unlawful or accidental destruction defacing, alteration, or destruction of (also called unauthorized destruction) records; See § 1220.18 of this subchapter for means disposal of an unscheduled or (4) A statement of the safeguards definitions of terms used throughout permanent record; disposal prior to the established to prevent further loss of Subchapter B, including this part. end of the NARA-approved retention documentation; and § 1231.10 Who has the authority to period of a temporary record (other than (5) When appropriate, details of the approve the transfer of records from the court-ordered disposal under actions taken to salvage, retrieve, or custody of one executive agency to § 1226.14(d) of this subchapter); and reconstruct the records. another? disposal of a record subject to a FOIA (b) The report must be submitted or NARA must approve in writing the request, litigation hold, or any other approved by the individual authorized transfer of records from the custody of hold requirement to retain the records. to sign records schedules as described one executive agency to another, except in § 1220.34(b) of this subchapter. § 1230.10 Who is responsible for as provided in § 1231.18(a). preventing the unlawful or accidental § 1230.16 How does NARA handle § 1231.12 How do executive agencies removal, defacing, alteration, or destruction allegations of unlawful or accidental request to transfer records to another of records? removal, defacing, alteration, or executive agency? destruction? The heads of Federal agencies must: An executive agency that proposes to (a) Prevent the unlawful or accidental Upon receiving any credible transfer records to another agency must removal, defacing, alteration, or information that records are at risk of request approval of the transfer of destruction of records. Section actual, impending, or threatened records in writing from the National 1222.24(a)(6) of this subchapter damage, alienation, or unauthorized Archives and Records Administration, prohibits removing records from the destruction, NARA will contact the Modern Records Programs (NWM), 8601 legal custody of the agency. Records agency as follows: Adelphi Road, College Park, MD 20740– must not be destroyed except under the (a) If the threat has not yet resulted in 6001, phone number (301) 837–1738. provisions of NARA-approved agency damage, removal, or destruction, NARA The request must include: records schedules or the General will contact the agency by phone (a) A concise description of the Records Schedules issued by NARA; promptly and follow up in writing records to be transferred, including the (b) Take adequate measures to inform within five business days. volume in cubic feet; all employees and contractors of the (b) If records have allegedly been (b) A statement of the restrictions provisions of the law relating to damaged, removed, or destroyed, NARA imposed on the use of records; unauthorized destruction, removal, will notify the agency in writing (c) A statement of the agencies and alteration or defacement of records; promptly with a request for a response persons using the records and the (c) Implement and disseminate within 30 days. purpose of this use; policies and procedures to ensure that § 1230.18 What assistance is available to (d) A statement of the current and records are protected against unlawful agencies to recover unlawfully removed proposed physical and organizational or accidental removal, defacing, records? locations of the records; alteration and destruction; and NARA will assist the head of the (e) A justification for the transfer (d) Direct that any unauthorized agency in the recovery of any including an explanation of why it is in removal, defacing, alteration or unlawfully removed records, including the best interests of the Government; destruction be reported to NARA. contacting the Attorney General, if and appropriate. (f) Copies of the concurrence in the § 1230.12 What are the penalties for transfer by the heads of all agencies unlawful or accidental removal, defacing, alteration, or destruction of records? PART 1231—TRANSFER OF RECORDS involved in the proposed transfer. FROM THE CUSTODY OF ONE § 1231.14 May the records of terminated The penalties for the unlawful or EXECUTIVE AGENCY TO ANOTHER accidental removal, defacing, alteration, agencies be transferred to another agency? or destruction of Federal records or the Sec. The records of executive agencies attempt to do so, include a fine, 1231.1 What is the authority for part 1231? whose functions are terminated or are in imprisonment, or both (18 U.S.C. 641 1231.2 What definitions apply to this part? process of liquidation may be and 2071). 1231.10 Who has the authority to approve transferred to another executive agency the transfer of records from the custody that inherits the function. All such § 1230.14 How do agencies report of one executive agency to another? incidents? 1231.12 How do executive agencies request transfers must be made in accordance with the provisions of this part. The agency must report promptly any to transfer records to another executive unlawful or accidental removal, agency? § 1231.16 What restrictions are there on 1231.14 May the records of terminated use of transferred records? defacing, alteration, or destruction of agencies be transferred to another records in the custody of that agency to agency? Restrictions imposed under a statute the National Archives and Records 1231.16 What restrictions are there on use or Executive order must continue to be Administration, Modern Records of transferred records? imposed after the transfer. Restrictions Programs (NWM), 8601 Adelphi Road, 1231.18 When are records transferred imposed by agency determination must College Park, MD 20740–6001, phone between executive agencies without also continue, unless the restrictions are number 301–837–1738. NARA approval? removed by agreement between the (a) The report must include: Authority: 44 U.S.C. 2908. agencies concerned.

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§ 1231.18 When are records transferred 1232.14 What requirements must an agency storage facility remain in the legal between executive agencies without NARA meet before it transfers records to a custody of the agency. approval? records storage facility? Records are transferred between 1232.16 What documentation must an (a) NARA Federal Records Centers. executive agencies without NARA agency create before it transfers records NARA owns or operates records centers to a records storage facility? approval when: for the storage, processing, and servicing 1232.18 What procedures must an agency of records for Federal agencies under (a) Records are transferred to a NARA follow to transfer records to an agency or agency-operated records center or to records center or commercial records the authority of 44 U.S.C. 2907. These the National Archives of the United storage facility? NARA records centers include a States in accordance with Parts 1232, National Personnel Records Center that Authority: 44 U.S.C. 2907 and 3103. 1233, and 1235 of this subchapter; contains designated records of the (b) Temporary records are loaned for § 1232.1 What are the authorities for part Department of Defense and the Office of official use; 1232? Personnel Management and other (c) The transfer of records or functions The statutory authorities for this part designated records pertaining to former or both is required by statute, Executive are 44 U.S.C. 2907 and 3103. Federal civilian employees. A list of Order, Presidential reorganization plan, § 1232.2 What definitions apply to this NARA Federal Records Centers is or Treaty, or by specific determinations available from the NARA Web site at made thereunder; part? http://www.archives.gov/locations/ (d) The records are transferred See § 1220.18 of this subchapter for between two components of the same definitions of terms used throughout index.html and also in the U.S. executive department; or Subchapter B, including part 1232. Government Manual, which is for sale (e) Records accessioned into the from the Superintendent of Documents, § 1232.3 What standards are used as U.S. Government Printing Office, Mail National Archives of the United States guidance for this part? are later found to lack sufficient value Stop: SSOP, Washington, DC 20402– for continued retention in the National These regulations conform with 9328, and is available on the Internet Archives. The disposition of such guidance provided in ISO 15489–1:2001 from http://www.access.gpo.gov/nara/ records is governed by § 1235.34 of this Paragraphs 7.1 (Principles of records index.html. subchapter. management programmes), 8.3.3 (Physical storage medium and (b) Records centers operated by or on PART 1232—TRANSFER OF RECORDS protection), 8.3.6 (Access, retrieval and behalf of one or more Federal agencies TO RECORDS STORAGE FACILITIES use), 8.3.7 (Retention and disposition), other than NARA. 9.6 (Storage and handling), and 9.8.3 (c) Commercial records storage Sec. (Location and tracking) apply to records facilities operated by private entities. 1232.1 What are the authorities for part creation and maintenance. 1232? § 1232.12 Under what conditions may 1232.2 What definitions apply to this part? 1232.10 Where can a Federal agency Federal records be stored in records 1232.3 What standards are used as guidance transfer records for storage? storage facilities? for this part? Federal agencies may store records in 1232.10 Where can a Federal agency the following types of records storage The following chart shows what transfer records for storage? records can be stored in a records 1232.12 Under what conditions may facilities, so long as the facilities meet Federal records be stored in records the facility standards in 36 CFR part storage facility and the conditions that storage facilities? 1234. Records transferred to a records apply:

Type of record Conditions

(a) Permanent records ...... Any storage facility that meets the provisions of 36 CFR part 1234. (b) Unscheduled records ...... (1) Any storage facility that meets the provisions of 36 CFR part 1234. (2) Also requires prior notification to NARA (see § 1232.14(b)). (c) Temporary records (excluding Civilian Per- Any storage facility that meets the provisions of 36 CFR part 1234. sonnel Records). (d) Vital records ...... Storage facility must meet the provisions of 36 CFR parts 1223 and 1234. (e) Civilian Personnel Records ...... May only be transferred to the National Personnel Records Center (NPRC), St. Louis, MO (see part 1233 of this subchapter).

§ 1232.14 What requirements must an environmental controls (see 36 CFR (d) Ensure that NARA-approved agency meet before it transfers records to parts 1236 and 1237). retention periods are implemented a records storage facility? (b) To transfer unscheduled records, properly and that records documenting An agency must meet the following notify the National Archives and final disposition actions (destruction or requirements before it transfers records Records Administration, Modern transfer to the National Archives of the to a records storage facility: Records Programs (NWM), 8601 United States) are created and maintained. (a) Ensure that the requirements of 36 Adelphi Road, College Park, MD 20740– CFR part 1234 are met. Special attention 6001, phone number (301) 837–1738, in § 1232.16 What documentation must an must be paid to ensuring appropriate writing prior to the transfer. The agency create before it transfers records to storage conditions for records on non- notification must identify the records a records storage facility? paper based media (e.g., film, audio storage facility and include a copy of the (a) Documentation must include for tape, magnetic tape), especially those information required by § 1232.16(a). each individual records series spanning that are scheduled for long-term or (c) For all records being transferred, one or more consecutive years permanent retention, as those records create documentation sufficient to transferred to storage: typically require more stringent identify and locate files. (See § 1232.16.) (1) Creating office;

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(2) Series title; compliance. An agency must remove applicable laws, Executive orders, or (3) Description (in the case of records promptly from a facility if regulations. permanent or unscheduled records, the deficiencies identified during an (f) Agencies must ensure that description must include a folder title inspection are not corrected within six temporary records, including restricted list of the box contents or equivalent months of issuance of the report. records (security classified or exempted detailed records description); (b) For temporary records, the agency from disclosure by statute, including the (4) Date span; must make available to NARA on Privacy Act of 1974, or regulation), are (5) Physical form and medium of request the documentation specified in destroyed in accordance with the records (e.g., paper, motion picture film, § 1232.16. requirements specified in § 1226.24 of sound recordings, photographs, or (c) Retain temporary records until the this subchapter. digital images); expiration of their NARA-approved (g) Agencies must ensure that (6) Volume; retention period and no longer, except emergency operating vital records, as (7) Citation to NARA-approved as provided for in § 1226.18 of this defined in 36 CFR part 1223, that are records schedule or agency records subchapter. transferred to an agency records center disposition manual (unscheduled (d) Ensure that NARA-approved or commercial records storage facility records must cite the date the agency retention periods are implemented are available in accordance with 36 CFR notified NARA or, if available, the date properly and that records documenting 1223.24. the SF 115 was submitted to NARA); final disposition actions (destruction or (h) Provide access to appropriate (8) Restrictions on access if transfer to the National Archives of the NARA staff to records wherever they are applicable; United States) are created and located in order to conduct an (9) Disposition (‘‘permanent,’’ maintained as required by 36 CFR inspection in accordance with 36 CFR ‘‘temporary,’’ or ‘‘unscheduled; SF 115 1232.14. part 1239 or to process a request for pending’’); (1) Agencies must establish records disposition authority. (10) Date of disposition action procedures that ensure that temporary (transfer to the National Archives of the records are destroyed in accordance PART 1233—TRANSFER, USE, AND United States or destruction); with NARA-approved records schedules DISPOSITION OF RECORDS IN A (11) Physical location, including and that NARA-approved changes to NARA FEDERAL RECORDS CENTER name and address of facility; and schedules, including the General Records Schedules, are applied to Sec. (12) Control number or identifier used 1233.1 What are the authorities for part to track records. records in agency records centers or commercial records storage facilities in 1233? (b) In the case of permanent and 1233.2 What definitions apply to this part? unscheduled records, provide copies of a timely fashion. Procedures must 1233.3 What standards are used as guidance such documentation to NARA and include a requirement that the agency for this part? advise NARA in writing of the new records center or commercial records 1233.10 How does an agency transfer location whenever the records are storage facility notify agency records records to a NARA Federal Records moved to a new storage facility. For managers or the creating office before Center? the disposal of temporary records unless 1233.12 How does an agency transfer vital permanent records, the agency must records to a NARA Federal Records transmit this documentation to the disposal of temporary records is initiated by the agency. Center? National Archives and Records 1233.14 What personnel records must be Administration, Modern Records (2) Move temporary records that are subsequently reappraised as permanent transferred to the National Personnel Programs (NWM), 8601 Adelphi Road, Records (NPRC)? College Park, MD 20740–6001, phone to a facility that meets the 1233.16 How does an agency transfer number (301) 837–1738, no later than 30 environmental control requirements for records to the National Personnel days after records are transferred to the permanent records in § 1234.14 of this Records Center (NPRC)? agency records center or commercial subchapter within one year of their re- 1233.18 What reference procedures are appraisal, if not already in such a used in NARA Federal Records Centers? records storage facility. 1233.20 How are disposal clearances (1) Retain temporary records until the facility. (Paper-based permanent records in an existing records storage facility managed for records in NARA Federal expiration of their NARA-approved Records Centers? retention period and no longer, except that does not meet the environmental as provided for in § 1226.18 of this control requirements in § 1234.14 of this Authority: 44 U.S.C. 2907 and 3103. subchapter on October 1, 2009, must be subchapter. § 1233.1 What are the authorities for part (2) Transfer permanent records to the moved from that facility no later than 1233? National Archives of the United States February 28, 2010.) (3) Agencies must establish The statutory authorities for this part in accordance with 36 CFR part 1235. procedures to ensure that the agency are 44 U.S.C. 2907 and 3103. § 1232.18 What procedures must an records centers or commercial records § 1233.2 What definitions apply to this agency follow to transfer records to an storage facilities transfer permanent part? agency records center or commercial records to the National Archives of the See § 1220.18 of this subchapter for records storage facility? United States as individual series definitions of terms used throughout Federal agencies must use the spanning one or more years and in Subchapter B, including part 1233. following procedures to transfer records accordance with the provisions of part to an agency records center or 1235 of this subchapter. § 1233.3 What standards are used as commercial records storage facility: (e) Agencies must ensure that records guidance for this part? (a) Agreements with agency records that are restricted because they are These regulations conform with centers or contracts with commercial security classified or exempt from guidance provided in ISO 15489– records storage facilities must disclosure by statute, including the 1:2001. Paragraphs 7.1 (Principles of incorporate the standards in 36 CFR part Privacy Act of 1974 (5 U.S.C. 552a, as records management programmes), 8.3.3 1234 and allow for inspections by the amended), or regulation are stored and (Physical storage medium and agency and NARA to ensure maintained in accordance with protection), 8.3.6 (Access, retrieval and

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use), 8.3.7 (Retention and disposition), § 1233.14 What personnel records must be NPRC Web site (http:// 9.6 (Storage and handling), and 9.8.3 transferred to the National Personnel www.archives.gov/facilities/mo/ (Location and tracking) apply to records Records Center (NPRC)? st_louis.html). creation and maintenance. (a) Civilian personnel files: (1) General Records Schedules 1 and § 1233.18 What reference procedures are § 1233.10 How does an agency transfer 2 specify that certain Federal civilian used in NARA Federal Records Centers? records to a NARA Federal Records personnel, medical, and pay records (a) Agency records transferred to a Center? must be centrally stored at the National NARA Federal Records Center remain in An agency transfers records to a Personnel Records Center headquartered the legal custody of the agency. NARA NARA Federal Records Center using the in St. Louis, MO. acts as the agency’s agent in maintaining following procedures: (2) [Reserved] the records. NARA will not disclose the (a) General. NARA will ensure that its (b) The following types of medical record except to the agency that records centers meet the facilities treatment records are transferred to the maintains the record, or under rules standards in 36 CFR part 1234, which NPRC: established by that agency which are meets the agency’s obligation in (1) Inpatient (hospitalization) records consistent with existing laws. § 1232.14(a) of this subchapter. (b) For general reference requests (b) Agencies must use their created for all categories of patients (active duty personnel, retirees, and agencies may use an FRCP electronic designated NARA Federal Records system or, the Optional Form (OF) 11, Center(s) as specified in their agency dependents) receiving inpatient treatment and extended ambulatory Reference Request—Federal Records agreement with NARA (Federal Records Centers, a form jointly designated by Center Program (FRCP)) for the storage procedures; and (2) Outpatient medical treatment that agency and NARA, or their of records. electronic equivalents. (c) Transfers to NARA Federal records for military retirees, dependents, and other civilians treated (c) For civilian personnel records, Records Centers must be preceded by agencies must use the following forms: the submission of a Standard Form (SF) at military health care facilities (excludes active duty military personnel (1) Standard Form 127, Request for 135, Records Transmittal and Receipt, Official Personnel Folder (Separated or an electronic equivalent. Preparation at time of military discharge or retirement). Employee), to request transmission of and submission of this form will meet personnel folders of separated the requirements for records description § 1233.16 How does an agency transfer employees stored at the National provided in § 1232.14(c) of this records to the National Personnel Records Personnel Records Center. Additional subchapter, except the folder title list Center (NPRC)? instructions on requesting OPFs are required for permanent and Agencies must use the following available online at http:// unscheduled records. A folder title list procedures when transferring records to www.archives.gov/st-louis/civilian- is also required for records that are the NPRC: personnel/federal-agencies.html. scheduled for sampling or selection (a) Civilian personnel files. (2) Standard Form 184, Request for after transfer. (1) Forward the official personnel Employee Medical Folder (Separated (d) A separate SF 135 or electronic folder (OPF) and the employee medical Employee), to request medical folders equivalent is required for each folder (EMF) to the NPRC at the same stored at the National Personnel Records individual records series having the time. Center. Additional instructions on same disposition authority and (2) Transfer EMFs and OPFs in requesting EMFs are available online at disposition date. separate folders. (e) For further guidance on transfer of http://www.archives.gov/st-louis/ (3) Retirement of individual folders is records to a NARA Federal Records civilian-personnel/federal- based on the date of separation and Center, consult the NARA Federal agencies.html. should occur within 90 to 120 days after Records Centers Program Web site (3) Optional Form 11, Reference the employee separates from Federal (http://www.archives.gov/frc/ Request—Federal Records Center to service. toolkit.html#transfer), or current NARA request medical records transferred to (4) For additional guidance, consult publications and bulletins by contacting other NARA Federal Records Centers the Office of Personnel Management the National Archives and Records prior to September 1, 1984. The request (OPM) 1900 E Street, NW., Washington, Administration, Office of Regional must include the name and address of DC 20415, phone number (202) 606– Records Services (NR), 8601 Adelphi the agency’s designated medical records 1800, Web site http://www.opm.gov/ Road, College Park, MD or phone (301) manager feddata/recguide2008.pdf, for the OPM 837–2950, or individual NARA Federal (d) For military personnel records publication ‘‘The Guide to Personnel Records Centers http:// reference requests, the following forms Recordkeeping’’ for procedures on the www.archives.gov/frc/locations.html. must be used: transfer of OPFs and EMFs. (1) Federal agencies must use § 1233.12 How does an agency transfer (b) Military medical records. Military Standard Form (SF) 180, Request vital records to a NARA Federal Records health care facilities should contact Pertaining to Military Records, to obtain Center? their facility records managers for information from military service For assistance on selecting an guidance on transferring medical records in the National Personnel appropriate site among NARA facilities records to NPRC. For additional Records Center (Military Personnel for storage of vital records, agencies may guidance, consult the ‘‘Transactions Records); authorized agencies contact National Archives and Records with the National Personnel Records requesting the loan of a military Administration, Office of Regional Center (NPRC), St. Louis, MO’’ section personnel record may order records Records Services, 8601 Adelphi Road, of the NARA Federal Records Centers using eMilrecs (electronic equivalent of College Park, MD or phone (301) 837– Program Web site (http:// the SF 180). Access to eMilrecs and 2950. The actual transfers are governed www.archives.gov/frc/ additional information is available on by the general requirements and toolkit.html#transactions). line at: http:www.archives.gov/st-louis/ procedures in this part and 36 CFR part (c) Other guidance assistance. For military-personnel/agencies/ompf-fed- 1223. further guidance assistance consult the agency.html.

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(2) A military veteran or the next of suspend disposal of the records (see Subpart A—General kin of a deceased, former member of the § 1226.18 of this subchapter). § 1234.1 What authorities apply to part military may order military personnel (e) For further guidance on records records through the submission of an SF 1234? disposition, consult the NARA Federal NARA is authorized to establish, 180 or an online records request system. Records Centers Program Web site Additional information is available on maintain and operate records centers for (http://www.archives.gov/frc/ line at: http://www.archives.gov/ Federal agencies under 44 U.S.C. 2907. toolkit.html#disposition), or current veterans/evetrecs. NARA is authorized, under 44 U.S.C. (3) Members of the public and non- NARA publications and bulletins by 3103, to approve a records center that is governmental organizations also may contacting the Office of Regional maintained and operated by an agency. obtain copies of SF 180 by submitting a Records Services (NR) or individual NARA is also authorized to promulgate written request to the National NARA Federal Records Centers (http:// standards, procedures, and guidelines to Personnel Records Center (Military www.archives.gov/frc/locations.html), Federal agencies with respect to the Personnel Records), 9700 Page individual NARA regional facilities, or storage of their records in commercial Boulevard, St. Louis, MO 63132. OMB the Washington National Records Center records storage facilities. See 44 U.S.C. Control Number 3095–0029 has been (NWMW). 2104(a), 2904, and 3102. The regulations assigned to the SF 180. in this subpart apply to all records (4) Agencies may furnish copies of the PART 1234—FACILITY STANDARDS storage facilities Federal agencies use to SF 180 to the public to aid in inquiries. FOR RECORDS STORAGE FACILITIES store, service, and dispose of their Copies of SF 180 are available at: records. http://www.archives.gov/st-louis/ Subpart A—General § 1234.2 What does this part cover? military-personnel/standard-form- Sec. (a) This part covers the establishment, 180.html#sf. 1234.1 What authorities apply to part 1234? (5) For guidance on requesting maintenance, and operation of records 1234.2 What does this part cover? original medical treatment records, centers, whether Federally-owned and 1234.3 What publications are incorporated operated by NARA or another Federal military hospitals and clinics should by reference? consult the ‘‘Transactions with the agency, or Federally-owned and 1234.4 What definitions are used in this contractor operated. This part also National Personnel Records Center part? (NPRC), St. Louis, MO’’ section of the covers an agency’s use of commercial NARA Federal Records Centers Program Subpart B—Facility Standards records storage facilities. Records Web site (http://www.archives.gov/frc/ 1234.10 What are the facility requirements centers and commercial records storage toolkit.html#transactions). for all records storage facilities? facilities are referred to collectively as (e) For further guidance on requesting 1234.12 What are the fire safety records storage facilities. This part records from a NARA Federal Records requirements that apply to records specifies the minimum structural, Center, consult the NARA Federal storage facilities? environmental, property, and life-safety Records Centers Program Web site 1234.14 What are the requirements for standards that a records storage facility (http://www.archives.gov/frc/ environmental controls for records must meet when the facility is used for toolkit.html#retrieval), or current NARA storage facilities? the storage of Federal records. publications and bulletins by contacting (b) Except where specifically noted, Subpart C—Handling Deviations From this part applies to all records storage the Office of Regional Records Services NARA’s Facility Standards (NR), or individual NARA Federal facilities. Certain noted provisions Records Centers (http:// 1234. 20 What rules apply if there is a apply only to new records storage www.archives.gov/frc/locations.html), conflict between NARA standards and facilities established or placed in service or the Washington National Records other regulatory standards that a facility on or after September 28, 2005. Center (NWMW). must follow? 1234. 22 How does an agency request a § 1234.3 What publications are incorporated by reference in this part? § 1233.20 How are disposal clearances waiver from a requirement in this managed for records in NARA Federal subpart? (a) Certain material is incorporated by Records Centers? 1234. 24 How does NARA process a waiver reference into this part with the (a) The National Personnel Records request? approval of the Director of the Federal Center will destroy records covered by Register under 5 U.S.C. 552(a) and 1 Subpart D—Facility Approval and CFR part 51. To enforce any edition General Records Schedules 1 and 2 in Inspection Requirements accordance with those schedules other than that specified in this section, without further agency clearance. 1234.30 How does an agency request NARA must publish notice of change in (b) NARA Federal Records Centers authority to establish or relocate records the Federal Register and the material will destroy other eligible Federal storage facilities? must be available to the public. All records only with the written 1234.32 What does an agency have to do to approved material is available for concurrence of the agency having legal certify a fire-safety detection and inspection at the Office of the Federal custody of the records. suppression system? Register. For information on the (c) NARA Federal Records Centers 1234.34 When may NARA conduct an availability of this material at the Office will maintain documentation on the inspection of a records storage facility? of the Federal Register, call 202–741– final disposition of records, as required Appendix A to Part 1234—Minimum 6030 or go to http://www.archives.gov/ in 36 CFR 1232.14(d). Security Standards for Level III Federal federal_register/ (d) When NARA approves an Facilities code_of_federal_regulations/ extension of retention period beyond Appendix B to Part 1234—Alternative ibr_locations.html. the time authorized in the records Certified Fire-Safety Detection and (b) The material incorporated by schedule for records stored in NARA Suppression System(s) reference is also available for inspection Federal Records Centers, NARA will Authority: 44 U.S.C. 2104(a), 2904, 2907, at NARA’s Archives Library Information notify those affected records centers to 3102, and 3103. Center (NWCCA), Room 2380, 8601

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Adelphi Road, College Park, MD 20740– Walls, 1994 Edition, November 1, 1994, (2) ANSI/ASHRAE 62–1989 (‘‘ANSI/ 6001, phone number (301) 837–3415, IBR approved for § 1234.4. ASHRAE 62’’), Ventilation for and is available for purchase from the (3) ASTM E 119–98 (‘‘ASTM E 119– Acceptable Indoor Air Quality, 1989, sources listed below. If you experience 98’’), Standard Test Methods for Fire IBR approved for § 1234.14. difficulty obtaining the standards Tests of Building Construction and (3) UL 611 (‘‘UL 611’’), Central- referenced below, contact NARA’s Materials, 1998, IBR approved for Station Burglar-Alarm Systems, Space and Security Management § 1234.12. February 22, 1996, IBR approved for Division (NAS), National Archives and (4) NFPA 10 (‘‘NFPA 10’’), Portable § 1234.10 Records Administration, 8601 Adelphi Fire Extinguishers, 1994 Edition, November 1, 1994, IBR approved for § 1234.4 What definitions are used in this Road, College Park, MD 20740–6001, part? phone number (301) 837–1867. Appendix B to part 1234. (c) American National Standards (5) NFPA 13 (‘‘NFPA 13’’), Standard The following definitions apply to Institute (ANSI). The following for Installation of Sprinkler Systems, this part: standards are available from the 2002 Edition, October 1, 2002, IBR Auxiliary spaces mean non-records American National Standards Institute, approved for §§ 1234.10 and 1234.12, storage areas such as offices, research 25 West 43rd St., 4th Floor, New York, and Appendix B to part 1234. rooms, other work and general storage NY 10036, phone number (212) 642– (6) NFPA 20 (‘‘NFPA 20’’), Standard areas but excluding boiler rooms or 4900, or online at http:// for the Installation of Centrifugal Fire rooms containing equipment operating webstore.ansi.org. Pumps, 1996 Edition, January 1, 1996, with a fuel supply such as generator rooms. (1) IAPMO/ANSI UMC 1–2003 IBR approved for Appendix B to part Commercial records storage facility (‘‘IAPMO/ANSI UMC 1’’), Uniform 1234. has the meaning specified in § 1220.18 Mechanical Code, 2003, IBR approved (f) Global Engineering Documents. of this chapter. for § 1234.12. The following standards are available Existing records storage facility means (2) NFPA 40 (‘‘NFPA 40–1997’’), from the standards reseller Global Engineering Documents, 15 Inverness any records center or commercial Standard for the Storage and Handling records storage facility used to store of Cellulose Nitrate Motion Picture Way, East Englewood, CO 80112, phone number (800) 854–7179, or online at records on September 27, 2005, and that Film, 1997 Edition, IBR approved for has stored records continuously since § 1234.12. http://www.global.ihs.com. (1) ANSI/PIMA IT9.25–1998 (‘‘ANSI/ that date. (3) NFPA 42 (‘‘NFPA 42’’), Code for PIMA IT9.25’’), Imaging Materials— Fire barrier wall means a wall, other the Storage of Pyroxylin Plastic, 1997 Optical Disc Media—Storage, 1998, IBR than a fire wall, having a fire resistance Edition, IBR approved for § 1234.12. approved for § 1234.14. rating, constructed in accordance with (4) NFPA 54 (‘‘NFPA 54’’), National (2) Reserved. NFPA 221 (incorporated by reference, Fuel Gas Code, 2002 Edition, IBR (g) Techstreet. The following see § 1234.3). approved for § 1234.12. standards are available from the Licensed fire protection engineer (5) NFPA 101 (‘‘NFPA 101’’), Life standards reseller Techstreet, 3916 means a licensed or registered Safety Code, 1997 Edition, IBR Ranchero Drive, Ann Arbor, MI 48108, professional engineer with a recognized approved for § 1234.12. phone number (800) 699–9277, or specialization in fire protection (d) Document Center Inc. The online at http://www.Techstreet.com. engineering. For those States that do not following standards are available from (1) ANSI/PIMA IT9.11–1998 (‘‘ANSI/ separately license or register fire the standards reseller the Document PIMA IT9.11’’), Imaging Materials— protection engineers, a licensed or Center Inc., 111 Industrial Road, Suite 9, Processed Safety Photographic Films— registered professional engineer with Belmont, CA, 94002, phone number Storage, January 1, 1998, IBR approved training and experience in fire (650) 591–7600, or online at http:// for § 1234.14. protection engineering, operating within www.document-center.com. (2) UL 827 (‘‘UL 827’’), Central- the scope of that licensing or (1) ANSI/NAPM IT9.18–1996 (‘‘ANSI/ Station Alarm Services, Sixth Edition, registration, who is also a professional NAPM IT9.18’’), Imaging Materials— April 23, 1999, IBR approved for member of the Society of Fire Protection Processed Photographic Plates—Storage Appendix B to part 1234. Engineers. Practices, September 8, 1996, IBR (3) UL 1076 (‘‘UL 1076’’), Proprietary Must and provide means that a approved for § 1234.14. Burglar Alarm Units and Systems, Fifth provision is mandatory. (2) ANSI/NAPM IT9.23–1996 (‘‘ANSI/ Edition, February 1, 1999, IBR approved New records storage facility means NAPM IT9.23’’), Imaging Materials— for § 1234.10 any records center or commercial Polyester Base Magnetic Tape—Storage, (h) The following standards are not records storage facility established or September 6, 1996, IBR approved for available from the original publisher or converted for use as a records center or § 1234.14. a standards reseller. As indicated in commercial records storage facility on (e) Document Engineering Co., Inc. paragraph (b) of this section, the or after September 28, 2005. (DECO). The following standards are standards are available for inspection at Permanent record has the meaning available from the standards reseller the NWCCA. In order to inspect the specified in § 1220.18 of this DECO—Document Engineering Co., Inc., standards at a NARA location other than subchapter. 15210 Stagg Street, Van Nuys, CA, the NARA facility in College Park, MD, Records center has the meaning phone number (818) 782–1010, or please contact the NWCCA, Room 2380, specified in § 1220.18 of this online at http://www.doceng.com. 8601 Adelphi Road, College Park, MD subchapter. (1) ANSI/NAPM IT9.20–1996 (‘‘ANSI/ 20740–6001, phone number (301) 837– Records storage area means the area NAPM IT9.20’’), Imaging Materials— 3415 or e-mail your request to intended for long-term storage of Reflection Prints—Storage Practices, [email protected]. records that is enclosed by four fire September 8, 1996, IBR approved for (1) ANSI/ASHRAE 55–1992 (‘‘ANSI/ barrier walls, the floor, and the ceiling. § 1234.14. ASHRAE 55’’), Thermal Environmental Records storage facility has the (2) NFPA 221 (‘‘NFPA 221’’), Conditions for Human Occupancy, meaning specified in § 1220.18 of this Standard for Fire Walls and Fire Barrier 1992, IBR approved for § 1234.14. subchapter.

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Sample/Select records means records by a licensed civil/structural engineer records storage areas must be fully whose final disposition requires an that there are no obvious structural enclosed by shaft construction with analytical or statistical sampling prior to weaknesses that would indicate a high appropriate maintenance access panels. final disposition authorization, in which potential for structural catastrophic (1) New records storage facilities must some percentage of the original collapse under fire conditions. meet the requirements in this paragraph accession will be retained as permanent (c) The building must be sited a (h) beginning on September 28, 2005. records. minimum of five feet above and 100 feet (2) Existing facilities must meet the Should or may means that a provision from any 100 year flood plain areas, or requirements in this paragraph (h) no is recommended or advised but not be protected by an appropriate flood later than October 1, 2009. required. wall that conforms to local or regional (i) The following standards apply to Temporary record has the meaning building codes. records storage shelving and racking specified in § 1220.18 of this (d) The facility must be designed in systems: subchapter. accordance with the applicable national, (1) All storage shelving and racking Unscheduled records has the meaning regional, state, or local building codes systems must be designed and installed specified in § 1220.18 of this (whichever is most stringent) to provide to provide seismic bracing that meets subchapter. protection from building collapse or the requirements of the applicable state, failure of essential equipment from regional, and local building code Subpart B—Facility Standards earthquake hazards, tornadoes, (whichever is most stringent); hurricanes and other potential natural (2) Racking systems, steel shelving, or § 1234.10 What are the facility disasters. other open-shelf records storage requirements for all records storage (e) Roads, fire lanes and parking areas equipment must be braced to prevent facilities? must permit unrestricted access for collapse under full load. Each racking (a) The facility must be constructed emergency vehicles. system or shelving unit must be with non-combustible materials and (f) A floor load limit must be industrial style shelving rated at least 50 building elements, including walls, established for the records storage area pounds per cubic foot supported by the columns and floors. There are two by a licensed structural engineer. The shelf; exceptions to this requirement: limit must take into consideration the (3) Compact mobile shelving systems (1) Roof elements may be constructed height and type of the shelving or (if used) must be designed to permit with combustible materials if installed storage equipment, the width of the proper air circulation and fire protection in accordance with local building codes aisles, the configuration of the space, (detailed specifications that meet this and if roof elements are protected by a etc. The allowable load limit must be requirement can be provided by NARA properly installed, properly maintained posted in a conspicuous place and must by writing to Director, Space and wet-pipe automatic sprinkler system, as not be exceeded. Security Management Division (NAS), specified in NFPA 13 (incorporated by (g) The facility must ensure that the National Archives and Records reference, see § 1234.3). roof membrane does not permit water to Administration, 8601 Adelphi Road, (2) An agency may request a waiver of penetrate the roof. NARA strongly College Park, MD 20740–6001.), phone the requirement specified in paragraph recommends that this requirement be number (301) 837–1867). (a) from NARA for an existing records met by not mounting equipment on the (j) The area occupied by the records storage facility with combustible roof and placing nothing else on the roof storage facility must be equipped with building elements to continue to operate that may cause damage to the roof an anti-intrusion alarm system, or until October 1, 2009. In its request for membrane. Alternatively, a facility may equivalent, meeting the requirements of a waiver, the agency must provide meet this requirement with stringent UL 1076 (incorporated by reference, see documentation that the facility has a fire design specifications for roof-mounted § 1234.3), level AA, to protect against suppression system specifically equipment in conjunction with a unlawful entry after hours and to designed to mitigate this hazard and periodic roof inspection program monitor designated interior storage that the system meets the requirements performed by appropriately certified spaces. This intrusion alarm system of § 1234.12(s). Requests must be professionals. must be monitored in accordance with submitted to the Director, Space and (1) New records storage facilities must UL 611, (incorporated by reference, see Security Management Division (NAS), meet the requirements in this paragraph § 1234.3). National Archives and Records (g) beginning on September 28, 2005. (k) The facility must comply with the Administration, 8601 Adelphi Road, (2) Existing facilities must meet the requirements for a Level III facility as College Park, MD 20740–6001, phone requirements in this paragraph (g) no defined in the Department of Justice, U. number (301) 837–1867. later than October 1, 2009. S. Marshals Service report Vulnerability (b) A facility with two or more stories (h) Piping (with the exception of fire Assessment of Federal Facilities dated must be designed or reviewed by a protection sprinkler piping and storm June 28, 1995. These requirements are licensed fire protection engineer and water roof drainage piping) must not be provided in Appendix A to this part civil/structural engineer to avoid run through records storage areas unless 1234. Agencies may require compliance catastrophic failure of the structure due supplemental measures such as gutters with Level IV or Level V facility security to an uncontrolled fire on one of the or shields are used to prevent water requirements if the facility is classified intermediate floor levels. For new leaks and the piping assembly is at the higher level. buildings the seals on the construction inspected for potential leaks regularly. If (l) Records contaminated by drawings serve as proof of this review. drainage piping from roof drains must hazardous materials, such as radioactive For existing buildings, this requirement be run though records storage areas, the isotopes or toxins, infiltrated by insects, may be demonstrated by a professional piping must be run to the nearest or exhibiting active mold growth must letter of opinion under seal by a vertical riser and must include a be stored in separate areas having licensed fire protection engineer that the continuous gutter sized and installed separate air handling systems from other fire resistance of the separating floor(s) beneath the lateral runs to prevent records. is/(are) at least four hours, and a leakage into the storage area. Vertical (m) To eliminate damage to records professional letter of opinion under seal pipe risers required to be installed in and/or loss of information due to

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insects, rodents, mold and other pests loading dock. In addition, to prevent structural elements and construction that are attracted to organic materials fumes from vehicle exhausts from assemblies must be in accordance with under specific environmental entering the facility, air intake louvers ASTM E 119–98 (incorporated by conditions, the facility must have an must not be located in the area of the reference, see § 1234.3). Integrated Pest Management program as loading dock, adjacent to parking areas, (e) The fire resistive rating of the roof defined in the Food Protection Act of or in any location where a vehicle must be a minimum of 1⁄2 hour for all 1996 (Section 303, Pub. L. 104–170, 110 engine may be running for any period of records storage facilities, or must be Stat. 1512). This states in part that time. Loading docks must have an air protected by an automatic sprinkler Integrated Pest Management is a supply and exhaust system that is system designed, installed, and sustainable approach to managing pests separate from the remainder of the maintained in accordance with NFPA by combining biological, cultural, facility. 13 (incorporated by reference, see physical, and chemical tools in a way § 1234.3). that minimizes economic, health, and § 1234.12 What are the fire safety (f) Openings in fire barrier walls environmental risks. The IPM program requirements that apply to records storage separating records storage areas must be facilities? emphasizes three fundamental avoided to the greatest extent possible. elements: (a) The fire detection and protection If openings are necessary, they must be (1) Prevention. IPM is a preventive systems must be designed or reviewed protected by self-closing or automatic maintenance process that seeks to by a licensed fire protection engineer. If Class A fire doors, or equivalent doors identify and eliminate potential pest the system was not designed by a that maintain the same rating as the access, shelter, and nourishment. It also licensed fire protection engineer, the wall. continually monitors for pests review requirement is met by furnishing (g) Roof support structures that cross themselves, so that small infestations do a report under the seal of a licensed fire or penetrate fire barrier walls must be not become large ones; protection engineer that describes the cut and supported independently on (2) Least-toxic methods. IPM aims to design intent of the fire detection and each side of the fire barrier wall. minimize both pesticide use and risk suppression system, detailing the (h) If fire barrier walls are erected through alternate control techniques characteristics of the system, and with expansion joints, the joints must be and by favoring compounds, describing the specific measures beyond protected to their full height. formulations, and application methods the minimum features required by code (i) Building columns in the records that present the lowest potential hazard that have been incorporated to minimize storage areas must be at least 1-hour fire to humans and the environment; and loss. The report should make specific resistant or protected in accordance (3) Systems approach. The IPM pest reference to appropriate industry with NFPA 13 (incorporated by control contract must be effectively standards used in the design, such as reference, see § 1234.3). coordinated with all other relevant those issued by the National Fire (j) Automatic roof vents for routine programs that operate in and around a Protection Association, and any testing ventilation purposes must not be building, including plans and or modeling or other sources used in the designed into new records storage procedures involving design and design. facilities. Automatic roof vents, construction, repairs and alterations, (b) All interior walls separating designed solely to vent in the case of a cleaning, waste management, food records storage areas from each other fire, with a temperature rating at least service, and other activities. and from other storage areas in the twice that of the sprinkler heads are (n) For new records storage facilities building must be at least three-hour fire acceptable. only, the additional requirements in this barrier walls. A records storage facility (k) Where lightweight steel roof or paragraph (n) must be met: may not store more than 250,000 cubic floor supporting members (e.g., bar (1) Do not install mechanical feet total of Federal records in a single joists having top chords with angles 2 equipment, excluding material handling records storage area. When Federal by 12 inches or smaller, 1/4-inch thick and conveyance equipment that have records are combined with other records or smaller, and 13/16-inch or smaller operating thermal breakers on the in a single records storage area, only the Web diameters) are present, they must motor, containing motors rated in excess Federal records will apply toward this be protected either by applying a 10- of 1 HP within records storage areas limitation. minute fire resistive coating to the top (either floor mounted or suspended (c) Fire barrier walls that meet the chords of the joists, or by retrofitting the from roof support structures). following specifications must be sprinkler system with large drop (2) Do not install high-voltage provided: sprinkler heads. If a fire resistive coating electrical distribution equipment (i.e., (1) For existing records storage is applied, it must be a product that will 13.2kv or higher switchgear and facilities, at least one-hour-rated fire not release (off gas) harmful fumes into transformers) within records storage barrier walls must be provided between the facility. If fire resistive coating is areas (either floor mounted or the records storage areas and other subject to air erosion or flaking, it must suspended from roof support auxiliary spaces. be fully enclosed in a drywall structures). (2) For new records storage facilities, containment constructed of metal studs (3) A redundant source of primary two-hour-rated fire barrier walls must be with fire retardant drywall. Retrofitting electric service such as a second provided between the records storage may require modifications to the piping primary service feeder should be areas and other auxiliary spaces. One system to ensure that adequate water provided to ensure continuous, exterior wall of each stack area must be capacity and pressure are provided in dependable service to the facility designed with a maximum fire resistive the areas to be protected with these especially to the HVAC systems, fire rating of one hour, or, if rated more than large drop sprinkler heads. alarm and fire protection systems. one hour, there must be at least one (l) Open flame (oil or gas) unit heaters Manual switching between sources of knock-out panel in one exterior wall of or equipment, if used in records storage service is acceptable. each stack area. areas, must be installed or used in the (4) A facility storing permanent (d) Penetrations in the walls must not records storage area in accordance with records must be kept under positive air reduce the specified fire resistance NFPA 54 (incorporated by reference, see pressure, especially in the area of the ratings. The fire resistance ratings of § 1234.3), and the IAPMO/ANSI UMC 1,

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Uniform Mechanical Code (incorporated § 1234.14 What are the requirements for and air exchange) equivalent to that by reference, see § 1234.3). environmental controls for records storage required for office space. See ANSI/ (m) For existing records storage facilities? ASHRAE Standard 55 (incorporated by facilities, boiler rooms or rooms (a) Paper-based temporary records. reference, see § 1234.3), and ASHRAE containing equipment operating with a Paper-based temporary records must be Standard 62 (incorporated by reference, fuel supply (such as generator rooms) stored under environmental conditions see § 1234.3), for specific requirements. must be separated from records storage that prevent the active growth of mold. New records storage facilities that store areas by 2-hour-rated fire barrier walls Exposure to moisture through leaks or paper-based permanent, unscheduled, with no openings directly from these condensation, relative humidities in and/or sample/select records must meet rooms to the records storage areas. Such excess of 70%, extremes of heat the requirement in this paragraph (c) areas must be vented directly to the combined with relative humidity in beginning on September 28, 2005. outside to a location where fumes will excess of 55%, and poor air circulation Existing storage facilities that store not be drawn back into the facility. during periods of elevated heat and paper-based permanent, unscheduled, (n) For new records storage facilities, relative humidity are all factors that and/or sample/select records must meet boiler rooms or rooms containing contribute to mold growth. the requirement in this paragraph (c) no equipment operating with a fuel supply (b) Nontextual temporary records. later than October 1, 2009. (such as generator rooms) must be Nontextual temporary records, (d) Nontextual permanent, separated from records storage areas by including microforms and audiovisual unscheduled, and/or sample/select 4-hour-rated fire barrier walls with no and electronic records, must be stored records. All records storage facilities openings directly from these rooms to in records storage space that is designed that store microfilm, audiovisual, and/or the records storage areas. Such areas to preserve them for their full retention electronic permanent, unscheduled, must be vented directly to the outside period. New records storage facilities and/or sample/select records must to a location where fumes will not be that store nontextual temporary records comply with the storage standards for drawn back into the facility. must meet the requirements in this permanent and unscheduled records in (o) For new records storage facilities, paragraph (b) beginning on September parts 1238, 1237, and/or 1236 of this fuel supply lines must not be installed 28, 2005. Existing records storage subchapter, respectively. in areas containing records and must be facilities that store nontextual separated from such areas with 4-hour temporary records must meet the Subpart C—Handling Deviations From rated construction assemblies. requirements in this paragraph (b) no NARA’s Facility Standards (p) Equipment rows running later than October 1, 2009. At a perpendicular to the wall must comply minimum, nontextual temporary § 1234.20 What rules apply if there is a conflict between NARA standards and other with NFPA 101 (incorporated by records must be stored in records reference, see § 1234.3), with respect to regulatory standards that a facility must storage space that meets the follow? egress requirements. requirements for medium term storage (q) No oil-type electrical transformers, (a) If any provisions of this part set by the appropriate standard in this conflict with local or regional building regardless of size, except thermally paragraph (b). In general, medium term protected devices included in codes, the following rules of precedence conditions as defined by these standards apply: fluorescent light ballasts, may be are those that will ensure the installed in the records storage areas. (1) Between differing levels of fire preservation of the materials for at least protection and life safety, the more All electrical wiring must be in metal 10 years with little information conduit, except that armored cable may stringent provision applies; and degradation or loss. Records may (2) Between mandatory provisions be used where flexible wiring continue to be usable for longer than 10 connections to light fixtures are that cannot be reconciled with a years when stored under these requirement of this part, the local or required. Battery charging areas for conditions, but with an increasing risk electric forklifts must be separated from regional code applies. of information loss or degradation with (b) If any of the provisions of this part records storage areas with at least a 2- longer times. If temporary records conflict with mandatory life safety or hour rated fire barrier wall. require retention longer than 10 years, (r) Hazardous materials, including ventilation requirements imposed on better storage conditions (cooler and underground storage facilities by 30 records on cellulose nitrate film, must drier) than those specified for medium not be stored in records storage areas. CFR chapter I, 30 CFR chapter I applies. term storage will be needed to maintain (c) NARA reserves the right to require Nitrate motion picture film and nitrate the usability of these records. The documentation of the mandatory nature sheet film may be stored in separate applicable standards are: of the conflicting code and the inability areas that meet the requirements of the (1) ANSI/PIMA IT9.11 (incorporated to reconcile that provision with NARA appropriate NFPA standards, NFPA 40– by reference, see § 1234.3); requirements. 1997 (incorporated by reference, see (2) ANSI/NAPM IT9.23 (incorporated § 1234.3), or NFPA 42 (incorporated by by reference, see § 1234.3); § 1234.22 How does an agency request a reference, see § 1234.3). (3) ANSI/PIMA IT9.25 (incorporated waiver from a requirement in this part? (s) All record storage and adjoining by reference, see § 1234.3); (a) Types of waivers that may be areas must be protected by a (4) ANSI/NAPM IT9.20 (incorporated approved. NARA may approve professionally-designed fire-safety by reference, see § 1234.3); and/or exceptions to one or more of the detection and suppression system that is (5) ANSI/NAPM IT9.18 (incorporated standards in this part for: designed to limit the maximum by reference, see § 1234.3). (1) Systems, methods, or devices that anticipated loss in any single fire event (c) Paper-based permanent, are demonstrated to have equivalent or involving a single ignition and no more unscheduled and sample/select records. superior quality, strength, fire than 8 ounces of accelerant to a Paper-based permanent, unscheduled, resistance, effectiveness, durability, and maximum of 300 cubic feet of records and sample/select records must be safety to those prescribed by this destroyed by fire. Section 1234.32 stored in records storage space that subpart; specifies how to document compliance provides 24 hour/365 days per year air (2) Existing agency records centers with this requirement. conditioning (temperature, humidity, that met the NARA standards in effect

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prior to January 3, 2000, but do not meet least equal protection to Federal agency records center must be a new standard required to be in place records, NARA will consult the specifically approved by NARA prior to on September 28, 2005; and appropriate industry standards body or the transfer of any records to that (3) The application of roof other qualified expert before making a individual facility. If an agency records requirements in §§ 1234.10 and 1234.12 determination. NARA will notify the center has been approved for the storage to underground storage facilities. requesting agency within 30 calendar of Federal records of one agency, any (b) Where to submit a waiver request. days of receipt of the request that other agency that proposes to store its The agency submits a waiver request, consultation is necessary and will records in that facility must still obtain containing the information specified in provide a final determination within 60 NARA approval to do so. paragraphs (c), (d), and/or (e) of this calendar days. If NARA does not grant (2) Commercial records storage section to the Director, Space and the waiver, NARA will furnish a full facilities. An agency may contract for Security Management Division (NAS), explanation of the reasons for its commercial records storage services. National Archives and Records decision. However, before any agency records are Administration, 8601 Adelphi Rd., (b) Waiver of new requirement for transferred to a commercial records College Park, MD 20740–6001, phone existing agency records center. NARA storage facility, the transferring agency number (301) 837–1867. will review the agency’s waiver request must ensure that the facility meets all of (c) Content of request for waivers for and plan to bring the facility into the requirements for an agency records equivalent or superior alternatives. The compliance. storage facility set forth in this subpart agency’s waiver request must contain: (1) NARA will approve the request and must submit the documentation (1) A statement of the specific and plan within 30 calendar days if required in paragraph (e) of this section. provision(s) of this part for which a NARA judges the planned actions and (b) Exclusions. For purposes of this waiver is requested, a description of the time frames for bringing the facility into section, the term ‘‘agency records proposed alternative, and an compliance are reasonable. center’’ excludes NARA-owned and explanation how it is equivalent to or (2) If NARA questions the feasibility operated records centers. For purposes superior to the NARA requirement; and or reasonableness of the plan, NARA of this section and § 1234.34, the term (2) Supporting documentation that the will work with the agency to develop a ‘‘agency records center’’ also excludes alternative does not provide less revised plan that NARA can approve agency records staging and/or holding protection for Federal records than that and the agency can implement. NARA areas with a capacity for containing less which would be provided by may grant a short-term temporary than 25,000 cubic feet of records. compliance with the corresponding waiver, not to exceed 180 calendar days, However, such records centers and provisions contained in this subpart. while the revised plan is under areas, including records centers Documentation may take the form of development. operated and maintained by NARA, certifications from a licensed fire (c) Waiver of roof requirements for must comply with the facility standards protection engineer or a structural or underground storage facilities. NARA in §§ 1234.10 through 1234.14. civil engineer, as appropriate; reports of will normally grant the waiver and (c) Content of requests for agency independent testing; reports of notify the requesting agency within 10 records centers. Requests for authority computer modeling; and/or other work days if the agency has not also to establish or relocate an agency supporting information. requested a waiver of a different records center, or to use an agency (d) Content of request for waiver for requirement under § 1234.30. If the records center operated by another agency, must be submitted in writing to previously compliant agency records agency has another waiver request the Director, Space and Security center. The agency’s waiver request pending for the same facility, NARA Management Division (NAS), National must identify which requirement(s) the will respond to all of the waiver Archives and Records Administration, agency records center cannot meet and requests at the same time and within the 8601 Adelphi Road, College Park, MD provide a plan with milestones for longest time limits. bringing the center into compliance. 20740–6001, phone number (301) 837– (e) Content of request for waiver of Subpart D—Facility Approval and 1867. The request must identify the roof requirements for underground Inspection Requirements specific facility and, for requests to facility. The agency’s waiver request establish or relocate the agency’s own must identify the location of the facility § 1234.30 How does an agency request records center, document compliance authority to establish or relocate records with the standards in this subpart. and whether the facility is a drift storage facilities? entrance facility or a vertical access Documentation requirements for facility. (a) General policy. Agencies are § 1234.12(s) are specified in § 1234.32. responsible for ensuring that records in (d) Approval of requests for agency § 1234.24 How does NARA process a their legal custody are stored in records centers. NARA will review the waiver request? appropriate space as outlined in this submitted documentation to ensure the (a) Waiver for equivalent or superior part. Under § 1232.18(a), agencies are facility demonstrates full compliance alternative. NARA will review the responsible for initiating action to with the standards in this subpart. waiver request and supporting remove records from space that does not NARA reserves the right to visit the documentation. meet these standards if deficiencies are facility, if necessary, to make the (1) If in NARA’s judgment the not corrected within 6 months after determination of compliance. NARA supporting documentation clearly initial discovery of the deficiencies by will inform the agency of its decision supports the claim that the alternative is NARA or the agency and to complete within 45 calendar days after the equivalent or superior to the NARA removal of the records within 18 request is received, and will provide the requirement, NARA will grant the months after initial discovery of the agency information on the areas of waiver and notify the requesting agency deficiencies. noncompliance if the request is denied. within 30 calendar days. (1) Agency records centers. Agencies Requests will be denied only if NARA (2) If NARA questions whether must obtain prior written approval from determines that the facility does not supporting documentation demonstrates NARA before establishing or relocating demonstrate full compliance with the that the proposed alternative offers at an agency records center. Each separate standards in this subpart. Approvals

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will be valid for a period of 10 years, Mutual, Underwriters Laboratories or (3) If NARA questions whether unless the facility is materially changed Southwest Research Institute); or supporting documentation demonstrates before then or an agency or NARA (3) A report under seal of a licensed compliance with § 1234.12(s), NARA inspection finds that the facility does fire protection engineer that: will consult the appropriate industry not meet the standards in this subpart. (i) Describes the design intent of the standards body or other qualified expert Material changes require submission of fire suppression system to limit the before making a determination. Before a new request for NARA approval. maximum anticipated loss in any single any consultation, NARA may ask the (e) Documentation requirements for fire event involving a single ignition and agency for additional clarifying storing Federal records in commercial no more than 8 fluid ounces of information. NARA will notify the records storage facilities. At least 45 petroleum-type hydrocarbon accelerant requesting agency within 30 calendar calendar days before an agency first (such as, for example, heptanes or days of receipt of the request that transfers records to a commercial gasoline) to a maximum of 300 cubic consultation is necessary and will records storage facility, the agency must feet of Federal records destroyed by fire. provide a final determination within 60 submit documentation to NARA that the The report need not predict a maximum calendar days. If NARA does not facility complies with the standards in single event loss at any specific number, approve the system, NARA will furnish this subpart. The documentation may but rather should describe the design a full explanation of the reasons for its take the form of a copy of the agency’s intent of the fire suppression system. decision. contract that incorporates this subpart The report may make reasonable (4) NARA will maintain a list of in its provisions or a statement from the engineering and other assumptions such approved alternative systems. as that the fire department responds agency records officer that certifies that § 1234.34 When may NARA conduct an the facility meets the standards in this within XX minutes (the local fire inspection of a records storage facility? subpart. An agency must provide the department’s average response time) documentation for each separate and promptly commences suppression (a) At the time an agency submits a commercial records storage facility actions. In addition, any report prepared request to establish an agency records where its records will be stored. under this paragraph should assume center, pursuant to § 1234.30, NARA Documentation must be sent to the that the accelerant is saturated in a may conduct an inspection of the Director, Space and Security cotton wick that is 3 inches in diameter proposed facility to ensure that the Management Division (NAS), National and 6 inches long and sealed in a plastic facility complies fully with the Archives and Records Administration, bag and that the fire is started in an aisle standards in this subpart. NARA may 8601 Adelphi Road, College Park, MD at the face of a carton at floor level. also conduct periodic inspections of 20740–6001, phone number (301) 837– Assumptions must be noted in the agency records centers so long as such 1867. The agency must submit updated report; facility is used as an agency records documentation to NARA every 10 years (ii) Details the characteristics of the center. NARA will inspect its own if it continues to store records in that system; and records center facilities on a periodic commercial records storage facility. (iii) Describes the specific measures basis to ensure that they are in beyond the minimum features required compliance with the requirements of § 1234.32 What does an agency have to do by the applicable building code that this subpart. to certify a fire-safety detection and (b) Agencies must ensure, by contract suppression system? have been incorporated to limit destruction of records. The report or otherwise, that agency and NARA (a) Content of documentation. The should make specific references to officials, or their delegates, have the agency must submit documentation to industry standards used in the design, right to inspect commercial records the Director, Space and Security such as those issued by the National storage facilities to ensure that such Management Division (NAS), National Fire Protection Association, and any facilities fully comply with the Archives and Records Administration, testing or modeling or other sources standards in this subpart. NARA may 8601 Adelphi Road, College Park, MD used in the design. conduct periodic inspections of commercial records storage facilities so 20740–6001, phone number (301) 837– (b) NARA action. (1) NARA will long as agencies use such facilities to 1867, that describes the space being approve the fire-safety detection and store agency records. The using agency, protected (e.g., the type and stacking suppression system within 10 work not NARA, will be responsible for height of the storage equipment used, or days if NARA has previously approved paying any fee or charge assessed by the how the space is designed, controlled, the system design for similarly commercial records storage facility for and operated) and the characteristics of configured space or if a report of NARA’s conducting an inspection. the fire-safety detection and suppression independent testing of a new system (c) NARA will contact the agency system used. The documentation must design is furnished as documentation. operating the records center or the demonstrate how that system meets the (2) If, in NARA’s judgment, the agency holding a contract with a requirement in § 1234.12(s) through: supporting documentation provided in commercial records storage facility in (1) A statement that the facility is accordance with paragraph (a)(3) of this advance to set a date for the inspection. using a NARA certified system as section clearly demonstrates compliance described in Appendix B to this part; with § 1234.12(s), NARA will approve Appendix A to Part 1234—Minimum (2) A report of the results of the fire-safety detection and suppression Security Standards for Level III Federal independent live fire testing (Factory system within 30 calendar days. Facilities

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RECOMMENDED STANDARDS CHART [Reproduced from Section 2.3 (pp. 2–6 through 2–9) of U.S. Department of Justice, United States Marshals Service report Vulnerability Assessment of Federal Facilities]

Level III

Perimeter Security

Parking: Control of facility parking ...... Required. Control of adjacent parking ...... Desirable. Avoid leases where parking cannot be controlled ...... Desirable. Leases should provide security control for adjacent parking ...... Desirable. Post signs and arrange for towing unauthorized vehicles ...... Required. ID system and procedures for authorized parking (placard, decal, card key, etc.) ...... Required. Adequate lighting for parking areased ...... Required. Closed Circuit Television (CCTV) Monitoring: CCTV surveillance cameras with time lapse video recording ...... Recommended. Post signs advising of 24 hour video surveillance ...... Recommended. Lighting: Lighting with emergency power backup ...... Required. Physical Barriers: Extend physical perimeter with barriers (concrete and/or steel composition) ...... Desirable. Parking barriers ...... Desirable.

Entry Security

Receiving/Shipping: Review receiving/shipping procedures (current) ...... Required. Implement receiving/shipping procedures (modified) ...... Required. Access Control: Evaluate facility for security guard requirements ...... Required. Security guard patrol ...... Recommended. Intrusion detection system with central monitoring capability ...... Required. Upgrade to current life safety standards (fire detection, fire suppression systems, etc.) ...... Required. Entrances/Exits: X-ray & magnetometer at public entrances ...... Recommended. Require x-ray screening of all mail/packages ...... Recommended. High security locks ...... Required.

Interior Security

Employee/Visitor Identification: Agency photo ID for all personnel displayed at all times ...... Recommended. Visitor control/screening system ...... Required. Visitor identification accountability system ...... Recommended. Establish ID issuing authority ...... Recommended. Utilities: Prevent unauthorized access to utility areas ...... Required. Provide emergency power to critical systems (alarm systems, radio communications, computer facilities, etc.) ...... Required. Occupant Emergency Plans: Examine occupant emergency plans (OEP) and contingency procedures based on threats ...... Required. OEPs in place, updated annually, periodic testing exercise ...... Required. Assign & train OEP officials (assignment based on largest tenant in facility) ...... Required. Annual tenant training ...... Required. Daycare Centers: Evaluate whether to locate daycare facilities in buildings with high threat activities ...... Required. Compare feasibility of locating daycare in outside locations ...... Required.

Security Planning

Intelligence Sharing: Establish law enforcement agency/security liaisons ...... Required. Review/establish procedure for intelligence receipt/dissemination ...... Required. Establish uniform security/threat nomenclature ...... Required. Training: Conduct annual security awareness training ...... Required. Establish standardized unarmed guard qualifications/training requirements ...... Required. Establish standardized armed guard qualifications/training requirements ...... Required. Tenant Assignment: Co-locate agencies with similar security needs ...... Desirable. Do not co-locate high/low risk agencies ...... Desirable. Administrative Procedures: Establish flexible work schedule in high threat/high risk areas to minimize employee vulnerability to criminal activity ...... Desirable. Arrange for employee parking in/near building after normal work hours ...... Recommended. Conduct background security checks and/or establish security control procedures for service contract personnel ...... Required.

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RECOMMENDED STANDARDS CHART—Continued [Reproduced from Section 2.3 (pp. 2–6 through 2–9) of U.S. Department of Justice, United States Marshals Service report Vulnerability Assessment of Federal Facilities]

Level III

Construction/Renovation: Install mylar film on all exterior windows (shatter protection) ...... Recommended. Review current projects for blast standards ...... Required. Review/establish uniform standards for construction ...... Required. Review/establish new design standard for blast resistance ...... Required. Establish street set-back for new construction ...... Recommended.

TERMS AND DEFINITIONS IN RECOMMENDED STANDARDS CHART [Reproduced from Appendix B, Details of Recommended Security Standards, U.S. Department of Justice, United States Marshals Service report Vulnerability Assessment of Federal Facilities]

Term Definition/description

B.1 Perimeter Security Parking

Control of Facility Parking ...... Access to government parking should be limited where possible to government vehicles and personnel. At a minimum, authorized parking spaces and vehicles should be assigned and identified. Control of Adjacent Parking ...... Where feasible, parking areas adjacent to federal space should also be controlled to reduce the potential for threats against Federal facilities and employee exposure to criminal activity. Avoid Leases Where Parking Cannot Be Con- Avoid leasing facilities where parking cannot be controlled. If necessary, relocate offices to fa- trolled. cilities that do provide added security through regulated parking. Lease Should Provide Control for Adjacent Endeavor to negotiate guard services as part of lease. Parking. Post Signs and Arrange for Towing Unauthor- Procedures should be established and implemented to alert the public to towing policies, and ized Vehicles. the removal of unauthorized vehicles. ID System and Procedures for Authorized Park- Procedures should be established for identifying vehicles and corresponding parking spaces ing. (placard, decal, card key, etc.) Adequate Lighting for Parking Areas ...... Effective lighting provides added safety for employees and deters illegal or threatening activi- ties.

Closed circuit television (CCTV) monitoring

CCTV Surveillance Cameras With Time Lapse Twenty-four hour CCTV surveillance and recording is desirable at all locations as a deterrent. Video Recording. Requirements will depend on assessment of the security level for each facility. Time-lapse video recordings are also highly valuable as a source of evidence and investigative leads. Post Signs Advising of 24 Hour Video Surveil- Warning signs advising of twenty-four hour surveillance act as a deterrent in protecting em- lance. ployees and facilities.

Lighting

Lighting with Emergency Power Backup ...... Standard safety code requirement in virtually all areas. Provides for safe evacuation of build- ings in case of natural disaster, power outage, or criminal/terrorist activity.

Physical Barriers

Extend Physical Perimeter, With Barriers ...... This security measure will only be possible in locations where the Government controls the property and where physical constraints are not present. (barriers of concrete and/or steel composition) Parking Barriers ...... Desirable to prevent unauthorized vehicle access.

B.2 Entry Security Receiving/Shipping

Review Receiving/Shipping Procedures (Cur- Audit current standards for package entry and suggest ways to enhance security. rent). Implement Receiving/Shipping Procedures After auditing procedures for receiving/shipping, implement improved procedures for security (Modified). enhancements.

Access Control

Evaluate Facility for Security Guard Require- If security guards are required, the number of guards at any given time will depend on the size ments. of the facility, the hours of operation, and current risk factors, etc. Security Guard Patrol ...... Desirable for level I and II facilities and may be included as lease option. Level III, IV and V facilities will have security guard patrol based on facility evaluation. Intrusion Detection System With Central Moni- Desirable in Level I facilities, based on evaluation for Level II facilities, and required for Levels toring Capability. III, IV and V.

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TERMS AND DEFINITIONS IN RECOMMENDED STANDARDS CHART—Continued [Reproduced from Appendix B, Details of Recommended Security Standards, U.S. Department of Justice, United States Marshals Service report Vulnerability Assessment of Federal Facilities]

Term Definition/description

Upgrade to Current Life Safety Standards ...... Required for all facilities as part of GSA design requirements, (e.g. fire detection, fire suppres- sion systems, etc.)

Entrances/Exits

X-Ray and Magnetometer at Public Entrances .. May be impractical for Level I and II facilities. Level III and IV evaluations would focus on ten- ant agencies, public interface, and feasibility. Required for Level V.

Require X-Ray Screening of all Mail/Packages All packages entering building should be subject to x-ray screening and/or visual inspection. High Security Locks ...... Any exterior entrance should have a high security lock as determined by GSA specifications and/or agency requirements.

B.3 Interior Security Employee/Visitor Identification

Agency Photo ID for all Personnel Displayed At May not be required in smaller facilities. All Times. Visitor Control/Security System ...... Visitors should be readily apparent in Level I facilities. Other facilities may ask visitors to sign- in with a receptionist or guard, or require an escort, or formal identification/badge. Visitor Id Accountability System ...... Stringent methods of control over visitor badges will ensure that visitors wearing badges have been screened and are authorized to be at the facility during the appropriate time frame. Establish Id Issuing Authority ...... Develop procedures and establish authority for issuing employee and visitor IDs.

Utilities

Prevent Unauthorized Access to Utility Areas ... Smaller facilities may not have control over utility access, or locations of utility areas. Where possible, assure that utility areas are secure and that only authorized personnel can gain entry. Provide Emergency Power To Critical Systems Tenant agency is responsible for determining which computer and communication systems re- quire back-up power. All alarm systems, CCTV monitoring devices, fire detection systems, entry control devices, etc. require emergency power sources. (Alarm Systems, Radio Com- munications, Computer Facilities, Etc.)

Occupant Emergency Plans

Examine Occupant Emergency Plan (OEP) and Review and update current OEP procedures for thoroughness. OEPs should reflect the current Contingency Procedures Based on Threats. security climate. Assign and Train OEP Officials ...... Assignment based on GSA requirement that largest tenant in facility maintain OEP responsi- bility. Officials should be assigned, trained and a contingency plan established to provide for the possible absence of OEP officials in the event of emergency activation of the OEP. Annual Tenant Training ...... All tenants should be aware of their individual responsibilities in an emergency situation.

Day Care Center

Re-Evaluate Current Security and Safety Stand- Conduct a thorough review of security and safety standards. ards. Assess Feasibility of Locating Day Care Within If a facility is being considered for a day care center, an evaluation should be made based on Federal Facility. the risk factors associated with tenants and the location of the facility.

B.4 Security Planning Intelligence Sharing

Establish Law Enforcement Agency/Security Li- Intelligence sharing between law enforcement agencies and security organizations should be aisons. established in order to facilitate the accurate flow of timely and relevant information between appropriate government agencies. Agencies involved in providing security must be part of the complete intelligence process. Review/Establish Procedures for Intelligence Determine what procedures exist to ensure timely delivery of critical intelligence. Review and Receipt/Dissemination. improve procedures to alert agencies and specific targets of criminal/terrorist threats. Estab- lish standard administrative procedures for response to incoming alerts. Review flow of infor- mation for effectiveness and time critical dissemination. Establish Uniform Security/Threat Nomenclature To facilitate communication, standardized terminology for Alert Levels should be implemented. (Normal, Low, Moderate, and High—As recommended by Security Standards Committee)

Training

Conduct Annual Security Awareness Training ... Provide security awareness training for all tenants. At a minimum, self-study programs utilizing videos, and literature, etc. should be implemented. These materials should provide up-to- date information covering security practices, employee security awareness, and personal safety, etc.

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TERMS AND DEFINITIONS IN RECOMMENDED STANDARDS CHART—Continued [Reproduced from Appendix B, Details of Recommended Security Standards, U.S. Department of Justice, United States Marshals Service report Vulnerability Assessment of Federal Facilities]

Term Definition/description

Establish Standardized Armed And Unarmed Requirements for these positions should be standardized government wide. Guard Qualifications/Training Requirements.

Tenant Assignment

Co-Locate Agencies With Similar Security To capitalize on efficiencies and economies, agencies with like security requirements should Needs. be located in the same facility if possible. Do Not Co-Locate High/Low Risk Agencies ...... Low risk agencies should not take on additional risk by being located with high risk agencies.

Administrative Procedures

Establish Flexible Work Schedule in High Flexible work schedules can enhance employee safety by staggering reporting and departure Threat/High Risk Area to Minimize Employee times. As an example flexible schedules might enable employees to park closer to the facil- Vulnerability to Criminal Activity. ity by reducing the demand for parking at peak times of the day. Arrange for Employee Parking In/Near Building Minimize exposure to criminal activity by allowing employees to park at or inside the building. After Normal Work Hours. Conduct Background Security Checks and/or Establish procedures to ensure security where private contract personnel are concerned. Pro- Establish Security Control Procedures for cedures may be as simple as observation or could include sign-in/escort. Frequent visitors Service Contract Personnel. may necessitate a background check with contractor ID issued.

Construction/Renovation

Install Mylar Film on All Exterior Windows Application of shatter resistant material to protect personnel and citizens from the hazards of (Shatter Protection). flying glass as a result of impact or explosion. Review Current Projects For Blast Standards ... Design and construction projects should be reviewed if possible, to incorporate current tech- nology and blast standards. Immediate review of ongoing projects may generate savings in the implementation of upgrading to higher blast standards prior to completion of construc- tion. Review/Establish Uniform Standards For Con- Review, establish, and implement uniform construction standards as it relates to security con- struction. siderations. Review/Establish New Design Standard for In smaller facilities or those that lease space, control over design standards may not be pos- Blast RESISTANCE. sible. However, future site selections should attempt to locate in facilities that do meet standards. New construction of government controlled facilities should review, establish, and implement new design standards for blast resistance. Establish Street Set-Back for New Construction Every foot between a potential bomb and a building will dramatically reduce damage and in- crease the survival rate. Street set-back is always desirable, but should be used in conjunc- tion with barriers in Level IV and V facilities.

(Reproduced from Appendix C, Classification Table, U.S. Department of Justice, United States Marshals Service report Vulnerability Assessment of Federal Facilities)

Level Typical location

III ...... Agency Mix: Government Records.

Appendix B to Part 1234—Alternative detection and suppression system for storage density of 0.30 gpm per square foot. For Certified Fire-Safety Detection and of Federal records. unrated roofs, provide 0.64″ QR ‘‘large drop’’ Suppression System(s) a. The records storage height must not sprinklers rated at no higher than 285 degrees exceed the nominal 15 feet (+/¥3 inches) Fahrenheit. For facilities using 7 or 8 shelf 1. General. This Appendix B contains records storage height. track files, use QR sprinklers rated at no information on the Fire-safety Detection and b. All records storage and adjoining areas higher than 285 degrees Fahrenheit. For new Suppression System(s) tested by NARA must be protected by automatic wet-pipe construction and replacement sprinklers, through independent live fire testing that are sprinklers. Automatic sprinklers are specified NARA recommends that the sprinklers be certified to meet the requirement in herein because they provide the most rated at 165 degrees Fahrenheit. Installation effective fire protection for high piled storage of the sprinkler system must be in § 1234.12(s) for storage of Federal Records. of paper records on open type shelving. accordance with NFPA 13 (incorporated by Use of a system specified in this appendix is c. The sprinkler system must be rated at no reference, see § 1234.3). optional. A facility may choose to have an higher than 285 degrees Fahrenheit utilizing d. Maximum spacing of the sprinkler heads alternate fire-safety detection and quick response (QR) fire sprinkler heads and must be on a 10-foot grid and the positioning suppression system approved under designed by a licensed fire protection of the heads must provide complete, § 1234.32). engineer to provide the specified density for unobstructed coverage, with a clearance of 2. Specifications for NARA facilities using the most remote 1,500 square feet of floor not less than 18 inches from the top of the 15 foot high records storage. NARA fire- area at the most remote sprinkler head in highest stored materials. safety systems that incorporate all accordance with NFPA 13 (incorporated by e. The sprinkler system must be equipped components specified in paragraphs 2.a. reference, see § 1234.3). For facilities with with a water-flow alarm connected to an through n. of this appendix have been tested roofs rated at 15 minutes or greater, provide audible alarm within the facility and to a and certified to meet the requirements in 1⁄2″ QR sprinklers rated at no higher than 285 continuously staffed fire department or an § 1234.12(s) for an acceptable fire-safety degrees Fahrenheit designed to deliver a Underwriters Laboratory approved central

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monitoring station (see UL 827 (incorporated The minimum number and locations of fire 1235.50 What specifications and standards by reference, see § 1234.3)) with extinguishers must be as required by NFPA for transfer apply to electronic records? responsibility for immediate response. 10 (incorporated by reference, see § 1234.3). Authority: 44 U.S.C. 2107 and 2108. f. A manual fire alarm system must be n. Single level catwalks without automatic provided with a Underwriters Laboratory sprinklers installed underneath may be Subpart A—General Transfer approved (grade A) central monitoring provided in the service aisles if the edges of station service or other automatic means of all files in the front boxes above the catwalks Requirements are stored perpendicular to the aisle (to notifying the municipal fire department. A § 1235.1 What are the authorities for part minimize files exfoliation in a fire). Where manual alarm pull station must be located 1235? adjacent to each exit. Supplemental manual provided, the walking surface of the catwalks alarm stations are permitted within the must be of expanded metal at least .09-inch The statutory authorities for this part records storage areas. thickness with a 2-inch mesh length. The are 44 U.S.C. 2107 and 2108. g. All water cutoff valves in the sprinkler surface opening ratio must be equal or greater system must be equipped with automatic than 0.75. The sprinkler water demand for § 1235.2 What definitions apply to this closure alarm (tamper alarm) connected to a protection over bays with catwalks where part? continuously staffed station, with records above the catwalks are not See § 1220.18 of this subchapter for perpendicular to the aisles must be responsibility for immediate response. If the definitions of terms used in part 1235. sprinkler water cutoff valve is located in an calculated hydraulically to give .30 gpm per area used by the public, in addition to the square foot for the most remote 2,000 square § 1235.3 What standards are used as tamper alarm, the valves must be provided feet. guidance for this part? with frangible (easily broken) padlocks. h. A dependable water supply free of PART 1235—TRANSFER OF RECORDS These regulations conform to interruption must be provided including a TO THE NATIONAL ARCHIVES OF THE guidance provided in ISO 15489– continuous site fire loop connected to the UNITED STATES 1:2001. Paragraphs 8.3 (Designing and water main and sized to support the facility implementing records systems), 9.6 with only one portion of the fire loop Subpart A—General Transfer Requirements (Storage and handling), and 9.7 (Access) operational. This normally requires a backup Sec. are particularly relevant to this part. supply system having sufficient pressure and 1235.1 What are the authorities for part capacity to meet both fire hose and sprinkler 1235? § 1235.4 What publications are requirements for 2-hours. A fire pump 1235.2 What definitions apply to this part? incorporated by reference in this part? connected to an emergency power source 1235.3 What standards are used as guidance (a) Certain material is incorporated by for this part? must be provided in accordance with NFPA reference into this part with the 20 (incorporated by reference, see § 1234.3), 1235.4 What publications are incorporated when adequate water pressure is not assured. by reference in this part? approval of the Director of the Federal In the event that public water mains are not 1235.10 What records do agencies transfer Register under 5 U.S.C. 552(a) and 1 able to supply adequate volumes of water to to the National Archives of the United CFR part 51. To enforce any edition the site, on-site water storage must be States? other than that specified in this section, provided. 1235.12 When must agencies transfer the NARA must publish notice of i. Interior fire hose stations equipped with records to the National Archives of the change in the Federal Register and the 1 United States? a 1 ⁄2 inch diameter hose may be provided in material must be available to the public. the records storage areas if required by the 1235.14 May agencies retain records for the conduct of regular agency business after All approved material is available for local fire department, enabling any point in inspection at the Office of the Federal the records storage area to be reached by a they are eligible for transfer? 50-foot hose stream from a 100-foot hose lay. 1235.16 How will NARA respond to an Register. For information on the If provided, these cabinets must be marked agency’s request to retain records? availability of this material at the Office ‘‘For Fire Department Use Only.’’ 1235.18 How do agencies transfer records to of the Federal Register, call 202–741– j. Where fire hose cabinets are not required, the National Archives of the United 6030 or go to http://www.archives.gov/ fire department hose outlets must be States? federal_register/ 1235.20 How do agencies indicate that provided at each floor landing in the building code_of_federal_regulations/ core or stair shaft. Hose outlets must have an transferred records contain information _ that is restricted from public access? ibr locations.html. easily removable adapter and cap. Threads 1235.22 When does legal custody of records (b) The material incorporated by and valves must be compatible with the local transfer to NARA? fire department’s equipment. Spacing must reference is also available for inspection be so that any point in the record storage area Subpart B—Administration of Transferred at NARA’s Archives Library Information can be reached with a 50-foot hose stream Records Center (NWCCA), Room 2380, 8601 from a 100-foot hose lay. 1235.30 How may records in the National Adelphi Road, College Park, MD 20740– k. In addition to the designed sprinkler Archives of the United States be used? 6001, phone number (301) 837–3415, flow demand, 500 gpm must be provided for 1235.32 How does NARA handle and is available for purchase from the hose stream demand. The hose stream restrictions on transferred records? sources listed below. If you experience demand must be calculated into the system 1235.34 May NARA destroy transferred difficulty obtaining the standards at the base of the main sprinkler riser. records? referenced below, contact National l. Fire hydrants must be located within 250 feet of each exterior entrance or other access Subpart C—Transfer Specifications and Archives and Records Administration, to the records storage facility that could be Standards Electronic/Special Media Records used by firefighters. Each required hydrant 1235.40 What records are covered by Services Division (NWME), 8601 must provide a minimum flow capacity of additional transfer requirements? Adelphi Road, College Park, MD 20740, 500 gpm at 20 psi. All hydrants must be at 1235.42 What specifications and standards phone number (301) 837–1578. least 50 feet away from the building walls for transfer apply to audiovisual, (c) International Organization for and adjacent to a roadway usable by fire cartographic, and related records? Standards (ISO). The following ISO apparatus. Fire hydrants must have at least 1235.44 What general transfer requirements standards are available from the two, 21⁄2 inch hose outlets and a pumper apply to electronic records? American National Standards Institute, connection. All threads must be compatible 1235.46 What electronic media may be used with local standards. for transferring records to the National 25 West 43rd St., 4th Floor, New York, m. Portable water-type fire extinguishers Archives of the United States? NY 10036, phone number (212) 642– (21⁄2 gallon stored pressure type) must be 1235.48 What documentation must agencies 4900, or online at http:// provided at each fire alarm striking station. transfer with electronic records? webstore.ansi.org.

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(1) ISO/IEC 15896:1999 (‘‘ISO/IEC § 1235.10 What records do agencies the records for the specified period 15896’’), Information technology—Data transfer to the National Archives of the within 30 days of receipt of the request. interchange on 12,7 mm 208-track United States? (b) Disapproval. NARA will provide magnetic tape cartridges—DLT 5 format, Agencies must transfer to the National written disapproval of an agency’s First Edition, December 15, 1999, IBR Archives of the United States records request within 30 days. Requests will be approved for § 1235.46. that have been scheduled as permanent denied if the agency is retaining the on an SF 115, Request for Records records primarily to: (2) ISO/IEC 16382:2000 (‘‘ISO/IEC Disposition Authority, records that are (1) Provide access services to persons 16382’’), Information technology—Data designated as permanent in a GRS; and, outside the agency that can be provided interchange on 12,7 mm 208-track when appropriate, records that are by NARA, or magnetic tape cartridges—DLT 6 format, accretions to holdings (continuations of (2) Function as an agency archives, First Edition, May 15, 2000, IBR series already accessioned.) unless specifically authorized by statute approved for § 1235.46. or by NARA. § 1235.12 When must agencies transfer (d) Document Engineering Co., Inc. records to the National Archives of the § 1235.18 How do agencies transfer The following standards are available United States? records to the National Archives of the from the standards reseller DECO— Permanent records must be United States? Document Engineering Co., Inc., 15210 transferred to the National Archives of Agencies transfer records by Stagg Street, Van Nuys, CA, phone the United States when: submitting a signed SF 258, Agreement number (818) 782–1010, or online at (a) The records are eligible for transfer to Transfer Records to the National http://www.doceng.com: based on the transfer date specified in Archives of the United States. Each SF (1) ANSI X3.39–1986 (‘‘ANSI X3.39’’), a NARA-approved records schedule, or 258 must correlate to a specific records American National Standard: Recorded (b) The records have been in existence series or other aggregation of records, as Magnetic Tape for Information for more than 30 years (see also identified in an item on the SF 115 or Interchange (1600 CPI, PE), 1986, IBR § 1235.14). cited on the SF 258. approved for § 1235.46. § 1235.14 May agencies retain records for § 1235.20 How do agencies indicate that (2) [Reserved] the conduct of regular agency business transferred records contain information that after they are eligible for transfer? is restricted from public access? (e) The following standards are not When completing an SF 258, agencies available from the original publisher or (a) Agencies may retain records longer than specified on a records disposition must indicate restrictions on the use a standards reseller. As indicated in and examination of records and attach paragraph (b) of this section, the schedule only with written approval from NARA. a written justification. The justification standards are available for inspection at (b) If the agency determines that the must cite the statute or Freedom of the NWCCA. In order to inspect the records are needed for the conduct of Information Act (FOIA) exemption (5 standards at a NARA location other than regular business, the records officer U.S.C. 552(b) as amended), that the NARA facility in College Park, MD, must submit to the National Archives authorizes the restrictions. please contact the NWCCA, Room 2380, and Records Administration, Modern 8601 Adelphi Road, College Park, MD § 1235.22 When does legal custody of Records Programs (NWM), 8601 records transfer to NARA? 20740–6001, phone number (301) 837– Adelphi Road, College Park, MD 20740– Legal custody of records passes from 3415 or e-mail your request to 6001, phone number (301) 837–1738, a the agency to NARA when the [email protected]. written request certifying continuing appropriate NARA official signs the SF (1) ANSI X3.54–1986 (‘‘ANSI X3.54’’), need. This certification must: 258 acknowledging receipt of the American National Standard: Recorded (1) Include a comprehensive records. Magnetic Tape for Information description and location of records to be Interchange (6250 CPI, Group Coded retained; Subpart B—Administration of Recording), 1986, IBR approved for (2) Cite the NARA-approved Transferred Records § 1235.46. disposition authority; (3) Describe the current business for § 1235.30 How may records in the National (2) ANSI X3.180–1990 (‘‘ANSI which the records are required; Archives of the United States be used? X3.180’’), American National Standard: (4) Estimate the length of time the (a) NARA will enforce restrictions Magnetic Tape and Cartridge for records will be needed (if no date is that are consistent with FOIA (5 U.S.C. Information Interchange—18-Track, provided by the agency, approved 552(b) as amended) for both official use 1 Parallel, ⁄2 inch (12.65 mm), 37871 cpi certification requests will be effective of the records by Federal agencies and (1491 cpmm), Group-Coded— for a maximum of five years); research by the public. Requirements for Recording, 1990, IBR (5) Explain why agency needs cannot (b) NARA regulations in Subchapter C approved for § 1235.46. be met by NARA reference services or of this chapter apply to Federal agency (3) ANSI/NISO/ISO 9660–1990 copies of records deposited in the personnel using transferred records for (‘‘ANSI/NISO/ISO 9660’’), American National Archives of the United States; official Government purposes, and to National Standard for Volume and File and the public at large. Structure of CD–ROM for Information (6) If records are retained to enable routine public reference by the agency § 1235.32 How does NARA handle Exchange, 1990, IBR approved for restrictions on transferred records? § 1235.46. rather than NARA, cite the statutory authority authorizing this agency (a) For records less than 30 years old. (4) ISO/IEC 15307:1997 (‘‘ISO/IEC activity. Unless required by law, NARA will 15307’’), Information technology—Data remove or relax restrictions on interchange on 12,7 mm 128-track § 1235.16 How will NARA respond to an transferred records less than 30 years magnetic tape cartridges—DLT 4 format, agency’s request to retain records? old only with the written concurrence of First Edition, December 1, 1997, IBR (a) Approval. NARA will provide the transferring agency or, if applicable, approved for § 1235.46. written approval of the request to retain its successor agency. If the transferring

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agency no longer exists, and there is no (iii) Sound projection print and video and two compact discs (CDs) or digital successor, the Archivist may relax, recording, if they exist. video disks (DVDs). remove, or impose restrictions to serve (2) Agency-acquired motion picture (ii) For analog disc recordings, the the public interest. films: Two projection prints in good master tape and two disc pressings of (b) For records more than 30 years condition or one projection print and each recording, typically a vinyl copy old. one videotape. for playback at 331⁄3 revolutions per (1) After records are more than 30 (3) Unedited footage, outtakes, and minute (rpm). years old, most statutory and other trims (the discards of film productions) (2) For analog audio recordings on restrictions on transferred records that are properly arranged, labeled, and magnetic tape (open reel, cassette, or expire. NARA, however, after consulting described and show unstaged, cartridge), the original tape, or the with the transferring agency, may keep unrehearsed events of historical interest earliest available generation of the the restrictions in force for a longer or historically significant phenomena: recording, and a subsequent generation period. (i) Original negative or color original; copy for reference. Agencies must (2) See part 1256 of this chapter for and comply with the requirements in 36 (ii) Matching print or videotape. restrictions on specific categories of CFR 1237.12(c) of this subchapter for records, including national security (b) Video recordings. (1) For videotape, the original or audio recordings. classified information and information (f) Finding aids and production that would invade the privacy of an earliest generation videotape and a copy for reference. Agencies must comply documentation. The following records individual that NARA restricts beyond with requirements in § 1237.12(d) of must be transferred to the National 30 years. this subchapter for original videotapes, Archives of the United States with the § 1235.34 May NARA destroy transferred although VHS copies can be transferred audiovisual records to which they records? as reference copies. pertain: NARA will not destroy records (2) For video discs, the premaster (1) Existing finding aids such as data transferred to NARA’s custody except: videotape used to manufacture the sheets, shot lists, continuities, review (a) With the written concurrence of video disc and two copies of the disc. sheets, catalogs, indexes, list of the agency or its successor, or Agencies must consult the National captions, and other documentation that (b) As authorized on an SF 258. Archives and Records Administration, are needed or useful to identify or Special Media Archives Services retrieve audiovisual records. Agencies Subpart C—Transfer Specifications Division, (NWCS), 8601 Adelphi Road, must consult the National Archives and and Standards College Park, MD 20740, phone number Records Administration, Special Media (301) 837–2903, before initiating Archives Services Division (NWCS), § 1235.40 What records are covered by transfers of video discs that depend on 8601 Adelphi Road, College Park, MD additional transfer requirements? interactive software and nonstandard 20740, phone number (301) 837–2903, In addition to complying with equipment. concerning transfer of finding aids that subparts A and B of this part, agencies (c) Still pictures. do not meet the requirements of this must follow the specifications and (1) For analog black-and-white part for electronic records. requirements in this subpart when photographs, an original negative and a (2) Production case files or similar transferring audiovisual, cartographic, captioned print. The captioning files that include copies of production architectural, and electronic records to information may be maintained in contracts, scripts, transcripts, and the National Archives of the United another file such as a database if the file appropriate documentation bearing on States. In general, such records must be number correlation is clear. If the the origin, acquisition, release, and transferred to the National Archives of original negative is nitrate, unstable ownership of the production. the United States as soon as they acetate, or glass based, the agency must (g) Maps and charts. become inactive or whenever the agency also transfer a duplicate negative on a (1) Manuscript maps; printed and cannot provide proper care and polyester base. processed maps on which manuscript handling of the records, including (2) For analog color photographs, the changes, additions, or annotations have adequate storage conditions (see parts original color negative, color been made for record purposes or which 1236 and 1237 of this subchapter). transparency, or color slide; a captioned bear manuscript signatures to indicate print (or captioning information official approval; and single printed or § 1235.42 What specifications and maintained in another file if the file standards for transfer apply to audiovisual processed maps that have been attached records, cartographic, and related records? number correlation is clear); and a to or interfiled with other documents of duplicate negative, or slide, or In general the physical types a record character or in any way made transparency, if they exist. an integral part of a record. described below comprise the minimum (3) For slide sets, the original and a (2) Master sets of printed or processed record elements that are needed for reference set, and the related audio maps issued by the agency. A master set future preservation, duplication, and recording (in accordance with paragraph must include one copy of each edition reference for audiovisual records, (e) of this section) and script. cartographic records, and related (4) For other pictorial records such as of a printed or processed map issued. records. posters, original art work, and (3) Paper copies of computer-related (a) Motion pictures. filmstrips, the original and a reference and computer-plotted maps that can no (1) Agency-sponsored or produced copy. longer be reproduced electronically. motion picture films (e.g., public (d) Digital photographic records. See (4) Index maps, card indexes, lists, information films) whether for public or 36 CFR 1235.48(e) and 1235.50(e) for catalogs, or other finding aids that may internal use: transfer requirements for digital be helpful in using the maps transferred. (i) Original negative or color original photographic records. (5) Records related to preparing, plus separate optical sound track; (e) Sound recordings. compiling, editing, or printing maps, (ii) Intermediate master positive or (1) Disc recordings. such as manuscript field notebooks of duplicate negative plus optical track (i) For electronic recordings, the surveys, triangulation and other sound track; and, origination recording regardless of form geodetic computations, and project

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folders containing agency specifications (5) Related finding aids and CFR 1236.28 for the requirements for creating the maps. specifications to be followed. governing the selection of electronic (h) Aerial photography and remote (j) Digital geospatial data records. See records storage media for current agency sensing imagery, including: § 1235.48(c) for transfer requirements use.) The agency must use only media (1) Vertical and oblique negative for digital geospatial data records. that is are sound and free from defects aerial film created using conventional § 1235.44 What general transfer for transfers to the National Archives of aircraft. the United States. When permanent (2) Annotated copy negatives, requirements apply to electronic records? internegatives, rectified negatives, and (a) Each agency must retain a copy of electronic records may be disseminated glass plate negatives from vertical and permanent electronic records that it through multiple electronic media (e.g., oblique aerial film created using transfers to NARA until it receives magnetic tape, CD–ROM) or conventional aircraft. official notification that NARA has mechanisms (e.g., FTP), the agency and (3) Annotated prints from aerial film assumed responsibility for continuing NARA must agree on the most created using conventional aircraft. preservation of the records. appropriate medium or method for (4) Infrared, ultraviolet, multispectral (b) For guidance related to the transfer transfer of the records into the National (multiband), video, imagery radar, and of electronic records other than those Archives of the United States. related tapes, converted to a film base. covered in this subpart, the agency must (b) Magnetic tape. Agencies may (5) Indexes and other finding aids in consult with the National Archives and transfer electronic records to the the form of photo mosaics, flight line Records Administration, Electronic/ National Archives of the United States indexes, coded grids, and coordinate Special Media Records Services on magnetic tape as follows: grids. Division (NWME), 8601 Adelphi Road, (i) Architectural and related College Park, MD 20740, phone number (1) Open-reel magnetic tape must be engineering drawings, including: (301) 837–3420. on 1⁄2-inch 9-track tape reels recorded at (1) Design drawings, preliminary and (c) When transferring digital 1600 or 6250 bpi that meet ANSI X3.39 presentation drawings, and models that photographs and their accompanying or ANSI X3.54 (both incorporated by document the evolution of the design of metatdata, the agency must consult with reference, see § 1235.4), respectively. a building or structure. the National Archives and Records (2) 18-track 3480-class cartridges must (2) Master sets of drawings that Administration, Special Media Archives be recorded at 37,871 bpi that meet document both the initial design and Services Division (NWCS) for digital ANSI X3.180 (incorporated by reference construction and subsequent alterations photographs, 8601 Adelphi Road, see, § 1235.4). The data must be blocked of a building or structure. This category College Park, MD 20740, phone number includes final working drawings, ‘‘as- (301) 837–2903. at no more than 32,760 bytes per block. built’’ drawings, shop drawings, and (3) For DLT tape IV cartridges, the repair and alteration drawings. § 1235.46 What electronic media may be data must be blocked at no more than (3) Drawings of repetitive or standard used for transferring records to the National Archives of the United States? 32,760 bytes per block and must details of one or more buildings or conform to the standards cited in the structures. (a) General. This section specifies the table as follows: (4) ‘‘Measured’’ drawings of existing media or method used to transfer buildings and original or photocopies of permanent records to the National drawings reviewed for approval. Archives of the United States. (See 36

If you are copying the records on ...... then, the standard below applies.

DLTtape IV with a DLT 4000 drive ...... ISO/IEC 15307 (incorporated by reference see, § 1235.4). DLTtape IV with a DLT 7000 drive ...... ISO/IEC 15896 (incorporated by reference see, § 1235.4). DLTtape IV with a DLT 8000 drive ...... ISO/IEC 16382 (incorporated by reference see, § 1235.4).

(c) Compact-Disk, Read Only Memory specify whether NARA should return Agencies must contact the National (CD–ROM) and Digital Video Disks the CD–ROM or DVD to the agency or Archives and Records Administration, (DVDs). Agencies may use CD–ROMs dispose of it after copying the Special Media Archives Services and DVDs to transfer permanent permanent records to an archival Division (NWCS), 8601 Adelphi Road, electronic records to the National medium. College Park, MD 20740, phone number Archives of the United States. (3) If permanent electronic records are (301) 837–2903, or the National (1) CD–ROMs used for this purpose stored on both CD–ROM (or DVD) and Archives and Records Administration, must conform to ANSI/NISO/ISO 9660 other media, such as magnetic tape, the Electronic/Special Media Records (incorporated by reference, see agency and NARA must agree on the Services Division (NWME), 8601 § 1235.4). medium that will be used to transfer the Adelphi Road, College Park, MD 20740, (2) Permanent electronic records must records into the National Archives of phone number (301) 837–1578, to be stored in discrete files. Transferred the United States. initiate the transfer discussions. Each CD–ROMs and DVDs may contain other (d) File Transfer Protocol. Agencies transfer of electronic records via FTP files, such as software or temporary may use File Transfer Protocol (FTP) to must be preceded with a signed SF 258 records, but all permanent records must transfer permanent electronic records to sent to NWME. be in files that contain only permanent the National Archives of the United (1) FTP file structure may use the 64- records. Agencies must indicate at the States only with NARA’s approval. character Joliet extension naming time of transfer if a CD–ROM or DVD Several important factors may limit the convention only when letters, numbers, contains temporary records and where use of FTP as a transfer method, dashes (–), and underscores (___) are those records are located on the CD– including the number of records, record used in the file and/or directory names, ROM or DVD. The agency must also file size, and available bandwidth. with a slash (/) used to indicate

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directory structures. Otherwise, FTP file are available on the NARA Electronic must not contain extraneous control structure must conform to an 8.3 file Records Management Initiative Web characters, except record length naming convention and file directory page at http://www.archives.gov/ indicators for variable length records, or structure as cited in ANSI/NISO/ISO records-mgmt/initiatives/transfer-to- marks delimiting a data element, field, 9660 (incorporated by reference, see nara.html or from the National Archives record, or file. If records or data § 1235.4). and Records Administration, Special elements in different files need to be (2) Permanent electronic records must Media Archives Services Division linked or combined, then each record be transferred in discrete files, separate (NWCS), 8601 Adelphi Road, College must contain one or more data elements from temporary files. All permanent Park, MD 20740, phone number (301) that constitute primary and/or foreign records must be transferred in files that 837–2903 for digital photographs and keys enabling valid linkages between contain only permanent records. metadata, or the National Archives and the related records in separate files. Records Administration, Electronic/ (c) Digital geospatial data files. Digital § 1235.48 What documentation must spatial data files must be transferred to agencies transfer with electronic records? Special Media Records Services Division (NWME), 8601 Adelphi Road, the National Archives of the United (a) General. Agencies must transfer College Park, MD 20740, phone number States in a format that complies with a documentation adequate to identify, 301–837–1578, for other electronic non-proprietary, published open service, and interpret the permanent records. standard maintained by or for a Federal, electronic records This documentation national, or international standards must include completed NARA Form § 1235.50 What specifications and organization. Acceptable transfer 14097, Technical Description for standards for transfer apply to electronic formats include the Geography Markup Transfer of Electronic Records, for records? Language (GML) as defined by the Open magnetic tape media, and a completed (a) General. GIS Consortium. NARA Form 14028, Information System (1) Agencies must transfer electronic (d) Textual documents. Electronic Description Form, or their equivalents. records in a format that is independent textual documents must be transferred Agencies must submit the required of specific hardware or software. Except as plain ASCII files; however, such files documentation, if electronic, in an as specified in paragraphs (c) through may contain standard markup language electronic form that conforms to the (e) of this section, the records must be such as Standard Generalized Markup provisions of this section. written in American Standard Code for Language (SGML) or XML tags. (b) Data files. Documentation for data Information Interchange (ASCII) or (e) Electronic mail, scanned images of files and data bases must include record Extended Binary Coded Decimal textual records, portable document layouts, data element definitions, and Interchange Code (EBCDIC) with all format records, digital photographic code translation tables (codebooks) for control characters and other non-data records, and Web content records. For coded data. Data element definitions, characters removed. Agencies must guidance on the transfer of these records codes used to represent data values, and consult with the National Archives and to NARA, agencies should consult the interpretations of these codes must Records Administration, Electronic/ transfer requirements available on the match the actual format and codes as Special Media Records Services NARA Electronic Records Management transferred. Division (NWME), 8601 Adelphi Road, Initiative Web page at http:// (c) Digital geospatial data files. Digital College Park, MD 20740, phone number www.archives.gov/records-mgmt/ geospatial data files must include the (301) 837–1578 about electronic records initiatives/transfer-to-nara.html or documentation specified in paragraph in other formats. contact the National Archives and (b) of this section. In addition, (2) Agencies must have advance Records Administration, Special Media documentation for digital geospatial approval from NARA for compression of Archives Services Division (NWCS), data files can include metadata that the records, and agencies must comply 8601 Adelphi Road, College Park, MD conforms to the Federal Geographic with a request from NARA to provide 20740, phone number 301–837–2903 for Data Committee’s Content Standards for the software to decompress the records. digital photographs and metadata, or the Digital Geospatial Metadata, as specified (3) Agencies interested in transferring National Archives and Records in Executive Order 12906 of April 11, scheduled electronic records using a Administration, Electronic/Special 1994 (3 CFR, 1995 Comp., p. 882) Tape Archive (TAR) utility must contact Media Records Services Division (Federal geographic data standards are the National Archives and Records (NWME), 8601 Adelphi Road, College available at http://www.fgdc.gov/ Administration, Electronic/Special Park, MD 20740, phone number (301) standards/standards_publications). Media Records Services Division 837–1578, for other electronic records, (d) Documents containing SGML tags. (NWME), 8601 Adelphi Road, College Documentation for electronic files Park, MD 20740, phone number (301) PART 1236—ELECTRONIC RECORDS containing textual documents with 837–1578 to initiate transfer MANAGEMENT SGML tags must include a table for discussions. Subpart A—General (b) Data files and databases. Data files interpreting the SGML tags, when Sec. appropriate. and databases must be transferred to the National Archives of the United States 1236.1 What are the authorities for part (e) Electronic records in other formats. 1236? (1) This paragraph (e) applies to the as flat files or as rectangular tables; i.e., 1236.2 What definitions apply to this part? documentation for the following types as two-dimensional arrays, lists, or 1236.4 What standards are used as of electronic records: tables. All ‘‘records’’ (within the context guidance for this part? (i) E-mail messages with attachments; of the computer program, as opposed to 1236.6 What are agency responsibilities for (ii) Scanned images of textual records; a Federal record) or ‘‘tuples,’’ i.e., electronic records management? (iii) Records in portable document ordered collections of data items, within Subpart B—Records Management and format (PDF); a file or table must have the same logical Preservation Considerations for Designing (iv) Digital photographic records; and format. Each data element within a and Implementing Electronic Information (v) Web content records. record must contain only one data Systems (2) Guidance on the documentation value. A record must not contain nested 1236.10 What records management for electronic records in these formats repeating groups of data items. The file controls must agencies establish for

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records in electronic information automation applications such as operational circumstances about the systems? electronic mail and other messaging record, which will vary depending upon 1236.12 What other records management applications, word processing, or the business, legal, and regulatory and preservation considerations must be presentation software. requirements of the business activity; incorporated into the design, and development, and implementation of § 1236.4 What standards are used as electronic information systems? (g) Structure: controls to ensure the guidance for this part? maintenance of the physical and logical 1236.14 What must agencies do to protect These regulations conform with ISO records against technological format of the records and the obsolescence? 15489–1:2001. Paragraph 9.6 (Storage relationships between the data and handling) is relevant to this part. elements. Subpart C—Additional Requirements for Electronic Records § 1236.6 What are agency responsibilities § 1236.12 What other records management 1236.20 What are appropriate for electronic records management? and preservation considerations must be recordkeeping systems for electronic Agencies must: incorporated into the design, development, records? (a) Incorporate management of and implementation of electronic 1236.22 What are the additional electronic records into the records information systems? requirements for managing electronic management activities required by parts As part of the capital planning and mail records? 1220–1235 of this subchapter; systems development life cycle 1236.24 What are the additional (b) Integrate records management and processes, agencies must ensure: requirements for managing unstructured preservation considerations into the (a) That records management controls electronic records? (see § 1236.10) are planned and 1236.26 What actions must agencies take to design, development, enhancement, and maintain electronic information systems? implementation of electronic implemented in the system; 1236.28 What additional requirements information systems in accordance with (b) That all records in the system will apply to the selection and maintenance subpart B of this part; and be retrievable and usable for as long as of electronic records storage media for (c) Appropriately manage electronic needed to conduct agency business (i.e., permanent records? records in accordance with subpart C of for their NARA-approved retention Authority: 44 U.S.C. 2904, 3101, 3102, and this part. period). Where the records will need to 3105. be retained beyond the planned life of Subpart B—Records Management and the system, agencies must plan and Subpart A—General Preservation Considerations for budget for the migration of records and Designing and Implementing their associated metadata to new storage § 1236.1 What are the authorities for part Electronic Information Systems media or formats in order to avoid loss 1236? due to media decay or technology § 1236.10 What records management The statutory authority for this part is obsolescence. (See § 1236.14.) 44 U.S.C. 2904, 3101, 3102, and 3105. controls must agencies establish for records in electronic information systems? (c) The transfer of permanent records OMB Circular A–130, Management of to NARA in accordance with part 1235 Federal Information Resources, applies The following types of records of this subchapter. to records and information systems management controls are needed to (d) Provision of a standard containing records. ensure that Federal records in electronic interchange format (e.g., ASCII or XML) information systems can provide when needed to permit the exchange of § 1236.2 What definitions apply to this adequate and proper documentation of part? electronic documents between offices agency business for as long as the using different software or operating (a) See § 1220.18 of this subchapter information is needed. Agencies must systems. for definitions of terms used throughout incorporate controls into the electronic Subchapter B, including part 1236. information system or integrate them § 1236.14 What must agencies do to (b) As used in part 1236— into a recordkeeping system that is protect records against technological Electronic information system means external to the information system itself obsolescence? an information system that contains and (see § 1236.20 of this part). Agencies must design and implement provides access to computerized Federal (a) Reliability: Controls to ensure a migration strategies to counteract records and other information. full and accurate representation of the hardware and software dependencies of Electronic mail system means a transactions, activities or facts to which electronic records whenever the records computer application used to create, they attest and can be depended upon must be maintained and used beyond receive, and transmit messages and in the course of subsequent transactions the life of the information system in other documents. Excluded from this or activities. which the records are originally created definition are file transfer utilities (b) Authenticity: Controls to protect or captured. To successfully protect (software that transmits files between against unauthorized addition, deletion, records against technological users but does not retain any alteration, use, and concealment. obsolescence, agencies must: transmission data), data systems used to (c) Integrity: Controls, such as audit (a) Determine if the NARA-approved collect and process data that have been trails, to ensure records are complete retention period for the records will be organized into data files or data bases on and unaltered. longer than the life of the system where either personal computers or mainframe (d) Usability: Mechanisms to ensure they are currently stored. If so, plan for computers, and word processing records can be located, retrieved, the migration of the records to a new documents not transmitted on an e-mail presented, and interpreted. system before the current system is system. (e) Content: Mechanisms to preserve retired. Metadata consists of preserved the information contained within the (b) Carry out upgrades of hardware contextual information describing the record itself that was produced by the and software in such a way as to retain history, tracking, and/or management of creator of the record; the functionality and integrity of the an electronic document. (f) Context: Mechanisms to implement electronic records created in them. Unstructured electronic records cross-references to related records that Retention of record functionality and means records created using office show the organizational, functional, and integrity requires:

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(1) Retaining the records in a usable media or formats in order to avoid loss term NARA-approved retention periods format until their authorized disposition due to media decay or technology (transitory records with a very short- date. Where migration includes obsolescence. term retention period of 180 days or less conversion of records, ensure that the (7) Execute disposition. Identify and as provided by GRS 23, Item 7, or by a authorized disposition of the records effect the transfer of permanent records NARA-approved agency records can be implemented after conversion; to NARA based on approved records schedule) on the electronic mail system (2) Any necessary conversion of schedules. Identify and delete itself, without the need to copy the storage media to provide compatibility temporary records that are eligible for record to a paper or electronic with current hardware and software; disposal. Apply records hold or freeze recordkeeping system, provided that: and on disposition when required. (1) Users do not delete the messages (3) Maintaining a link between (c) Backup systems. System and file before the expiration of the NARA- records and their metadata through backup processes and media do not approved retention period, and conversion or migration, including provide the appropriate recordkeeping (2) The system’s automatic deletion capture of all relevant associated functionalities and must not be used as rules ensure preservation of the records metadata at the point of migration (for the agency electronic recordkeeping until the expiration of the NARA- both the records and the migration system. approved retention period. process). (d) Except for those electronic mail (c) Ensure that migration strategies § 1236.22 What are the additional requirements for managing electronic mail records within the scope of paragraph address non-active electronic records records? (c) of this section: that are stored off-line. (a) Agencies must issue instructions (1) Agencies must not use an Subpart C—Additional Requirements to staff on the following retention and electronic mail system to store the for Electronic Records management requirements for electronic recordkeeping copy of electronic mail mail records: messages identified as Federal records § 1236.20 What are appropriate (1) The names of sender and all unless that system has all of the features recordkeeping systems for electronic addressee(s) and date the message was specified in § 1236.20(b) of this part. records? sent must be preserved for each (2) If the electronic mail system is not (a) General. Agencies must use electronic mail record in order for the designed to be a recordkeeping system, electronic or paper recordkeeping context of the message to be understood. agencies must instruct staff on how to systems or a combination of those The agency may determine that other copy Federal records from the electronic systems, depending on their business metadata is needed to meet agency mail system to a recordkeeping system. needs, for managing their records. business needs, e.g., receipt (e) Agencies that retain permanent Transitory e-mail may be managed as information. electronic mail records scheduled for specified in § 1236.22(c). (2) Attachments to electronic mail transfer to the National Archives must (b) Electronic recordkeeping. messages that are an integral part of the either store them in a format and on a Recordkeeping functionality may be record must be preserved as part of the medium that conforms to the built into the electronic information electronic mail record or linked to the requirements concerning transfer at 36 system or records can be transferred to electronic mail record with other related CFR part 1235 or maintain the ability to an electronic recordkeeping repository, records. convert the records to the required such as a DoD–5015.2 STD-certified (3) If the electronic mail system format and medium at the time transfer product. The following functionalities identifies users by codes or nicknames is scheduled. are necessary for electronic or identifies addressees only by the (f) Agencies that maintain paper recordkeeping: name of a distribution list, retain the recordkeeping systems must print and (1) Declare records. Assign unique intelligent or full names on directories file their electronic mail records with identifiers to records. or distributions lists to ensure the related transmission and receipt (2) Capture records. Import records identification of the sender and data specified by the agency’s electronic from other sources, manually enter addressee(s) of messages that are mail instructions. records into the system, or link records records. to other systems. (4) Some e-mail systems provide § 1236.24 What are the additional (3) Organize records. Associate with calendars and task lists for users. These requirements for managing unstructured electronic records? an approved records schedule and may meet the definition of Federal disposition instruction. record. Calendars that meet the (a) Agencies that manage unstructured (4) Maintain records security. Prevent definition of Federal records are to be electronic records electronically must the unauthorized access, modification, managed in accordance with the ensure that the records are filed in a or deletion of declared records, and provisions of GRS 23, Item 5. recordkeeping system that meets the ensure that appropriate audit trails are (5) Draft documents that are requirements in § 1236.10, except that in place to track use of the records. circulated on electronic mail systems transitory e-mail may be managed in (5) Manage access and retrieval. may be records if they meet the criteria accordance with § 1236.22(c). Establish the appropriate rights for users specified in 36 CFR 1222.10(b) of this (b) Agencies that maintain paper files to access the records and facilitate the subchapter. as their recordkeeping systems must search and retrieval of records. (b) Agencies that allow employees to establish policies and issue instructions (6) Preserve records. Ensure that all send and receive official electronic mail to staff to ensure that unstructured records in the system are retrievable and messages using a system not operated by records are printed out for filing in a usable for as long as needed to conduct the agency must ensure that Federal way that captures any pertinent hidden agency business and to meet NARA- records sent or received on such text (such as comment fields) or approved dispositions. Agencies must systems are preserved in the appropriate structural relationships (e.g., among develop procedures to enable the agency recordkeeping system. worksheets in spreadsheets or other migration of records and their (c) Agencies may elect to manage complex documents) required to meet associated metadata to new storage electronic mail records with very short- agency business needs.

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§ 1236.26 What actions must agencies or scheduled for permanent retention. 1237.30 How do agencies manage records take to maintain electronic information This test should verify that the magnetic on nitrocellulose-base and cellulose- systems? computer tape media are free of acetate base film? (a) Agencies must maintain permanent errors and in compliance Authority: 44 U.S.C. 2904 and 3101. inventories of electronic information with NIST or industry standards. § 1237.1 What is the applicability and systems and review the systems (e) Agencies must annually read a periodically for conformance to scope of this part? statistical sample of all magnetic Agencies must manage audiovisual, established agency procedures, computer tape media containing standards, and policies as part of the cartographic, and related records in permanent and unscheduled records to accordance with parts 1220–1235. This periodic reviews required by 44 U.S.C. identify any loss of data and to discover 3506. The review should determine if part prescribes additional policies and and correct the causes of data loss. In procedures for managing audiovisual, the records have been properly magnetic computer tape libraries with identified and described, and if the cartographic, and related records to 1800 or fewer tape media, a 20% sample ensure adequate and proper schedule descriptions and retention or a sample size of 50 media, whichever periods reflect the current informational documentation and authorized, timely, is larger, should be read. In magnetic and appropriate disposition. content and use. If not, agencies must computer tape libraries with more than submit an SF 115, Request for Records 1800 media, a sample of 384 media § 1237.2 What are the authorities for part Disposition Authority, to NARA. should be read. Magnetic computer tape 1237? (b) Agencies must maintain up-to-date media with 10 or more errors should be documentation about electronic The authorities for this part are 44 replaced and, when possible, lost data information systems that is adequate to: U.S.C. 2904 and 3101. must be restored. All other magnetic (1) Specify all technical computer tape media which might have § 1237.3 What standards are incorporated characteristics necessary for reading and been affected by the same cause (i.e., by reference in this part? processing the records contained in the poor quality tape, high usage, poor (a) Certain material is incorporated by system; environment, improper handling) must reference into this part with the (2) Identify all inputs and outputs; be read and corrected as appropriate. approval of the Director of the Federal (3) Define the contents of the files and Register under 5 U.S.C. 552(a) and 1 (f) Before the media are 10 years old, records; CFR part 51. To enforce any edition agencies must copy permanent or (4) Determine restrictions on access other than that specified in this section, unscheduled data on magnetic records and use; NARA must publish notice of change in storage media onto tested and verified (5) Understand the purpose(s) and the Federal Register and the material new electronic media. function(s) of the system; must be available to the public. All (6) Describe update cycles or PART 1237—AUDIOVISUAL, approved material is available for conditions and rules for adding, inspection at the Office of the Federal changing, or deleting information in the CARTOGRAPHIC, AND RELATED RECORDS MANAGEMENT Register. For information on the system; and availability of this material at the Office (7) Ensure the timely, authorized Sec. of the Federal Register, call (202) 741– disposition of the records. 1237.1 What is the applicability and scope 6030 or go to http://www.archives.gov/ of this part? § 1236.28 What additional requirements federal_register/code_of_federal_ apply to the selection and maintenance of 1237.2 What are the authorities for part regulations/ibr_locations.html. electronic records storage media for 1237? (b) The material incorporated by permanent records? 1237.3 What standards are incorporated by reference for this part? reference is also available for inspection (a) Agencies must maintain the 1237.4 What definitions apply to this part? at NARA’s Archives Library Information storage and test areas for electronic 1237.10 How must agencies manage their Center (NWCCA), Room 2380, 8601 records storage media containing audiovisual, cartographic, and related Adelphi Road, College Park, MD 20740– permanent and unscheduled records records? 6001, phone number (301) 837–3415, within the following temperature and 1237.12 What record elements must be and is available for purchase from the relative humidity ranges: created and preserved for permanent sources listed below. If you experience (1) Temperature—62° to 68° F. audiovisual records? difficulty obtaining the standards (2) Relative humidity—35% to 45%. 1237.14 What are the scheduling referenced below, contact NARA’s (b) Electronic media storage libraries requirements for audiovisual, Policy and Planning Staff (NPOL), and test or evaluation areas that contain cartographic, and related records? National Archives and Records 1237.16 How do agencies store audiovisual Administration, 8601 Adelphi Road, permanent or unscheduled records must records? be smoke-free. 1237.18 What are the environmental College Park, MD 20740–6001, phone (c) For additional guidance on the standards for audiovisual records number (301) 837–1850. maintenance and storage of CDs and storage? (c) American National Standards DVDS, agencies may consult the 1237.20 What are special considerations in Institute (ANSI) and International National Institute of Standards and the maintenance of audiovisual records? Organization for Standards (ISO) Technology (NIST) Special Publication 1237.22 What are special considerations in standards. The following ANSI and ISO 500–252, Care and Handling of CDs and the storage and maintenance of standards are available from the DVDs at http://www.itl.nist.gov/iad/ cartographic and related records? American National Standards Institute, 894.05/papers/ 1237.24 What are the special considerations 25 West 43rd St., 4th Floor, New York, CDandDVDCareandHandlingGuide.pdf, for storage and maintenance of aerial NY 10036, phone number (212) 642– photographic records? contact phone number (301) 975–6478. 1237.26 What materials and processes must 4900, or online at http:// (d) Agencies must test magnetic agencies use to create audiovisual webstore.ansi.org. computer tape media no more than 6 records? (1) ISO 18906: 2000 (‘‘ISO 18906’’), months prior to using them to store 1237.28 What special concerns apply to Imaging Materials—Photographic electronic records that are unscheduled digital photographs? Films—Specifications for Safety Film,

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First Edition, December 15, 2000, IBR Attributes—Part 1: Sampling Plans photographs and motion media (i.e., approved for § 1237.26. Indexed by Acceptable Quality Level moving images whether on motion (2) ISO 18911: 2000 (‘‘ISO 18911’’), (AQL) for Lot-by-Lot Inspection, 1996, picture film or as video recordings), Imaging materials—Processed safety IBR approved for § 1237.28. sound recordings, graphic works (e.g., photographic films—Storage practices, (2) ANSI/NAPM IT9.11–1993 (‘‘ANSI/ printed posters), mixed media, and First Edition, November 1, 2000, IBR NAPM IT9.11–1993’’), Imaging Media— related finding aids and production approved for § 1238.20, IBR approved Processed Safety Photographic Films— files. for §§ 1237.16 and 1237.18. Storage, 1993, IBR approved for Cartographic records means graphic (3) ISO 18920: 2000 (‘‘ISO 18920’’), § 1237.16. representations drawn to scale of Imaging Materials—Processed selected cultural and physical features Photographic Reflection Prints—Storage § 1237.4 What definitions apply to this of the surface of the earth, of other part? Practices, First Edition, July 15, 2000, planetary bodies, and of the atmosphere. IBR approved for § 1237.18. (a) See § 1220.18 of this subchapter They include maps, charts, photomaps, (4) ANSI/AIIM TR34: 1996 (‘‘ANSI/ for definitions of terms used throughout orthophotomaps and images, atlases, AIIM TR34’’), Sampling Procedures for Subchapter B, including part 1237. cartograms, globes, and relief models. Inspection by Attributes of Images in (b) As used in part 1237— Related records are those that are Aerial photographic records means Electronic Image Management and integral to the map-making process, film-based images of the surface of the Micrographic Systems, May 13, 1996, such as field survey notes, geodetic earth, of other planetary bodies, or of IBR approved for § 1237.28. controls, map history case files, source the atmosphere that have been taken (d) National Fire Protection material, indexes, and finding aids. Association (NFPA). The following from airborne vehicles or satellites. standards are available from the They include vertical and oblique aerial § 1237.10 How must agencies manage National Fire Protection Association, negative film taken from conventional their audiovisual, cartographic, and related 1 Batterymarch Park, P.O. Box 9109, aircraft as well as copy negatives, records? Quincy, MA 02269–9101, phone internegatives, rectified negatives, and Each Federal agency must manage its number (617) 770–3000 or online at annotated and other prints from these audiovisual, cartographic and related http://catalog.nfpa.org. negatives. Also included are infrared, records as required in parts 1220 (1) NFPA 40–2007 (‘‘NFPA 40– ultraviolet, multispectral, video, and through 1235. In addition, agencies 2007’’), Standard for the Storage and radar imagery that has been converted to must: Handling of Cellulose Nitrate Film, a film base. These records also include (a) Prescribe the types of audiovisual, 2007, IBR approved for § 1237.30. the relevant index system in whatever cartographic, and related records to be (2) Reserved. form it may exist such as mosaics, created and maintained. (See § 1235.42 (e) Techstreet. The following flight-line overlays or annotated maps, of this subchapter for transfer standards are available from the or electronic data bases capturing the requirements for permanent audiovisual standards reseller Techstreet, 3916 latitude and longitude (or other records.) Ranchero Drive, Ann Arbor, MI 48108, coordinate-based location data) of (b) Create and maintain current phone number (800) 699–9277, or individual aerial photographic center inventories showing the location of all online at http://www.Techstreet.com. points. generations of audiovisual records and (1) ISO 18902: 2001 (‘‘ISO 18902’’), Architectural and engineering records all cartographic and related records, Imaging Materials—Processed means graphic records that depict the especially those not maintained Photographic Films, Plates, and proposed and actual construction of centrally by the agency. Papers—Filing Enclosures and Storage stationary structures, such as buildings, § 1237.12 What record elements must be Containers, 2001, IBR approved for bridges, and canals as well as movable created and preserved for permanent § 1237.16. objects, such as ships, aircraft, vehicles, audiovisual records? (2) ISO 18923: 2000 (‘‘ISO 18923’’), weapons, machinery, and equipment. For permanent audiovisual records, Imaging Materials—Polyester-Base These records are also known as design the following record elements must be Magnetic Tape—Storage Practices, First and construction drawings and include created or acquired and preserved for Edition, June 1, 2000, IBR approved for closely related indexes and written transfer into the National Archives of § 1237.18. specifications. the United States. (See § 1235.42 of this (3) ISO 18925: 2002 (‘‘ISO 18925’’), Audiovisual means any pictorial or subchapter for transfer requirements for Imaging Materials—Optical Disc aural means of communicating permanent audiovisual records.) Media—Storage Practices, First Edition, information, e.g., photographic prints, (a) Motion pictures. June 1, 2002, IBR approved for negatives, slides, digital images, sound (1) Agency-sponsored or produced § 1237.18. recordings, and moving images. motion picture films (e.g., public (f) The following standards are not Audiovisual equipment means information films) whether for public or available from the original publisher or equipment used for recording, internal use: a standards reseller. As indicated in producing, duplicating, processing, (i) Original negative or color original paragraph (b) of this section, the broadcasting, distributing, storing, or plus separate optical sound track; standards are available for inspection at exhibiting audiovisual materials or for (ii) Intermediate master positive or the NWCCA. In order to inspect the providing any audiovisual services. duplicate negative plus optical track standards at a NARA location other than Audiovisual production means an sound track; and, the NARA facility in College Park, MD, organized and unified presentation, (iii) Sound projection print and video please contact the NWCCA, Room 2380, developed according to a plan or script, recording, if both exist. 8601 Adelphi Road, College Park, MD containing visual imagery, sound, or (2) Agency-acquired motion picture 20740–6001, phone number (301) 837– both, and used to convey information. films: Two projection prints in good 3415 or e-mail your request to An audiovisual production generally is condition or one projection print and [email protected]. a self-contained presentation. one videotape. (1) ISO 2859–1: 1996 (‘‘ISO 2859–1’’), Audiovisual records means records in (3) Unedited footage, outtakes and Sampling Procedures for Inspection by pictorial or aural form, including still trims (the discards of film productions)

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that are properly arranged, labeled, and (2) Production case files or similar (f) Store optical disks in individual described and show unstaged, files that include copies of production containers and use felt-tip, water-based unrehearsed events of historical interest contracts, scripts, transcripts, and markers for disk labeling. or historically significant phenomena: appropriate documentation bearing on (i) Original negative or color original; the origin, acquisition, release, and § 1237.18 What are the environmental standards for audiovisual records storage? and ownership of the production. (ii) Matching print or videotape. (a) Photographic film and prints. The (b) Video recordings. § 1237.14 What are the additional requirements in this paragraph apply to (1) For analog videotapes, the original scheduling requirements for audiovisual, permanent, long-term temporary, and or earliest generation videotape using cartographic, and related records? unscheduled audiovisual records. industrial-quality or professional The disposition instructions should (1) General guidance. Keep all film in videotapes for originals and a copy for also provide that permanent records be cold storage following guidance by the reference. transferred to the National Archives of International Organization for (2) For video discs, the premaster the United States within 5–10 years Standardization in ISO 18911 video used to manufacture the video after creation (see also 36 CFR part (incorporated by reference, see disc and two copies of the disc. 1235). See § 1235.42 of this subchapter § 1237.3). See also ISO 18920 (c) Still pictures. for specifications and standards for (incorporated by reference, see (1) For analog black-and-white transfer to the National Archives of the § 1237.3). photographs, an original negative and a United States of audiovisual, (2) Color images and acetate-based captioned print or the captioning cartographic, and related records. media. Keep in an area maintained information maintained in another file below 40 degrees Fahrenheit with 20– § 1237.16 How do agencies store such as a data base if the file number audiovisual records? 40% relative humidity to retard the correlation is clear. If the original fading of color images and the negative is nitrate, unstable acetate, or Agencies must maintain appropriate deterioration of acetate-based media. glass based, a duplicate negative on a storage conditions for permanent, long- (b) Digital images on magnetic tape. polyester base is needed. term temporary or unscheduled For digital images stored on magnetic (2) For analog color photographs, the audiovisual records: tape, keep in an area maintained at a original color negative, color (a) Ensure that audiovisual records constant temperature range of 62 transparency, or color slide; a captioned storage facilities comply with 36 CFR degrees Fahrenheit to 68 degrees print of the original color negative and/ part 1234. Fahrenheit, with constant relative or captioning information in another file (b) For the storage of permanent, long- humidity from 35% to 45%. See also the such as a data base with a clear term temporary, or unscheduled recommendations in ISO 18923 correlation to the relevant image; and a records, use audiovisual storage (incorporated by reference, see duplicate negative, or slide, or containers or enclosures made of non- § 1237.3); and the requirements for transparency. corroding metal, inert plastics, paper electronic records storage in 36 CFR (3) For slide sets, the original and a products and other safe materials 1236.28. reference set, and the related audio recommended in ISO 18902 and ISO (c) Digital images on optical media. recording and script. 18911 (both incorporated by reference, For permanent, long-term temporary, or (4) For other pictorial records such as see § 1237.3); unscheduled digital images maintained posters, original art work, and (c) Store originals and use copies (e.g., on optical media (e.g., CDs, DVDs), use filmstrips, the original and a reference negatives and prints) separately, the recommended storage temperature copy. whenever practicable. Store distinct and humidity levels stated in ISO 18925 (d) Digital photographic records. See audiovisual record series separately (incorporated by reference, see § 1237.28 for requirements for digital from textual series (e.g., store poster § 1237.3). photographs. series separately from other kinds of (e) Sound recordings. agency publications, or photographic § 1237.20 What are special considerations (1) Disc recordings: series separately from general reference in the maintenance of audiovisual records? (i) For electronic recordings, the files). Retain intellectual control Agencies must: origination recording regardless of form through finding aids, annotations, or (a) Handle audiovisual records in and two compact discs (CDs) or digital other descriptive mechanisms; accordance with commonly accepted video disks (DVDs). (d) Store series of permanent and industry practices. (ii) For analog disc recordings, the unscheduled x-ray films, i.e, x-rays that (b) Protect audiovisual records, master tape and two disc pressings of are not interspersed among paper including those recorded on digital each recording, typically a vinyl copy records (case files), in accordance with media or magnetic sound or video for playback at 331⁄3 revolutions per § 1238.20 of this subchapter. Store series media, from accidental or deliberate minute (rpm). of temporary x-ray films under alteration or erasure. (2) For analog audio recordings on conditions that will ensure their (c) If different versions of audiovisual magnetic tape (open reel, cassette, or preservation for their full retention productions (e.g., short and long cartridge), the original tape, or the period, in accordance with ANSI/PIMA versions or foreign-language versions) earliest available generation of the IT9.11–1993 (incorporated by reference, are prepared, keep an unaltered copy of recording, and a subsequent generation see § 1237.3); each version for record purposes. copy for reference. (e) Store posters and similar graphic (d) Link audiovisual records with (f) Finding aids and production works in oversize formats, in map cases, their finding aids, including captions documentation. hanging files, or other enclosures that and published and unpublished (1) Existing finding aids such as data are sufficiently large or flexible to catalogs, inventories, indexes, and sheets, shot lists, continuities, review accommodate the records without production files and similar sheets, catalogs, indexes, list of rolling, folding, bending, or other ways documentation created in the course of captions, and other documentation that that compromise image integrity and audiovisual production. Establish and identifies the records. stability; and communicate agency-wide, clear

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captioning standards, procedures, and § 1237.24 What are special considerations photograph or better, and must be saved responsibilities. for storage and maintenance of aerial in Tagged Image File Format (TIFF) or photographic records? (e) Maintain current and accessible JPEG File Interchange Format (JFIF, documentation identifying creators of (a) Mark each aerial film container JPEG). For more detailed requirements audiovisual products, their precise with a unique identification code to on image format and resolution, see relationship to the agency, and the facilitate identification and filing. § 1235.48(e) of this subchapter. For nature and status of copyright or other (b) Mark aerial film indexes with the temporary digital photographs, agencies rights affecting the present and future unique aerial film identification codes select formats that they deem most use of items acquired from sources or container codes for the aerial film suitable for fulfillment of business outside the agency. (See § 1222.32 of that they index. Also, file and mark the needs. this subchapter for requirements to aerial indexes in such a way that they can easily be retrieved by area covered. § 1237.28 What special concerns apply to ensure agency ownership of appropriate digital photographs? contractor produced records.) § 1237.26 What materials and processes Digital photographs, either originating (f) Create unique identifiers for all must agencies use to create audiovisual in digital form (‘‘born-digital’’) or audiovisual records (e.g., for digital records? scanned from photographic prints, files, use file naming conventions), that Agencies must: slides, and negatives, are subject to the clarify connections between related (a) For picture negatives and motion provisions of this part and the elements (e.g., photographic prints and picture preprints (negatives, masters, requirements of 36 CFR part 1236, and negatives, or original edited masters and and all other copies) of permanent, long- NARA guidance for transfer of digital dubbing for video and audio term temporary, or unscheduled photographs located on the following recordings), and that associate records records, use polyester base media and NARA Web page—http:// with the relevant creating, sponsoring, process in accordance with industry www.archives.gov/records-mgmt/ or requesting offices. standards as specified in ISO 18906 initiatives/digital-photo-records.html. In (g) Maintain temporary and (incorporated by reference, see managing digital photographs, agency permanent audiovisual records § 1237.3). and contractor personnel must: separately. (1) Ensure that residual sodium (a) Schedule digital photographs and (h) Require that personnel wear white thiosulfate (hypo) on newly processed related databases as soon as possible for lint-free cotton (or other approved) black-and-white photographic film does the minimum time needed for agency gloves when handling film. not exceed 0.014 grams per square business and transfer the records meter. promptly according to the disposition § 1237.22 What are special considerations (2) Require laboratories to process instructions on their records schedule. in the storage and maintenance of film in accordance with this standard. (b) Select image management software cartographic and related records? Process color film in accordance with and hardware tools that will meet long- Agencies must: the manufacturer’s recommendations. term archival requirements, including (a) Maintain permanent and (3) If using reversal type processing, transfer to the National Archives of the unscheduled cartographic, architectural, require full photographic reversal; i.e., United States, as well as business needs. and engineering records in an develop, bleach, expose, develop, fix, Additional information and assistance is environment that does not exceed 70 and wash. available from the National Archives degrees Fahrenheit and with relative (b) Avoid using motion pictures in a and Records Administration, Modern humidity under 50%. final ‘‘A & B’’ format (two precisely Records Program (NWM), 8601 Adelphi (b) Create an identification scheme for matched reels designed to be printed Road, College Park, MD 20740, phone each series and assign unique together) for the reproduction of number (301) 837–1738. identification designations to each item excerpts or stock footage. (c) When developing digital image within a series. (c) Use only industrial or professional storage strategies, build redundancy into video and audio recording equipment, (c) Maintain lists or indexes for each storage systems, backing up image files new and previously unrecorded series with cross-references to related through on-line approaches, off-line, or magnetic tape stock and blank optical textual records. combinations of the two. (See also media (e.g., DVD and CD), for original electronic storage requirements in (d) Avoid interfiling separate series of copies of permanent, long-term § 1236.28 of this subchapter). maps, charts, or drawings, and file temporary, or unscheduled recordings. (d) For scanned digital images of permanent cartographic and Limit the use of consumer formats to photographic prints, slides, and architectural records separately from distribution or reference copies or to negatives that are scheduled as temporary series unless hand-corrected subjects scheduled for destruction. permanent or unscheduled, document versions have been systematically filed Avoid using videocassettes in the VHS the quality control inspection process with other published maps in a central format for use as originals of permanent employed during scanning. or master file. or unscheduled records. (1) Visually inspect a sample of the (e) Avoid rolling and folding maps (d) Record permanent, long-term, images for defects, evaluate the accuracy and drawings. Store permanent maps temporary, or unscheduled audio of finding aids, and verify file header and drawings flat in shallow drawer recordings on optical media from major information and file name integrity. map cases in acid-free folders. manufacturers. Avoid using cassettes as (2) Conduct the sample using a (f) Do not laminate original oversize originals for permanent records or volume sufficiently large to yield records. Consult the National Archives unscheduled records (although they statistically valid results, in accordance and Records Administration, may be used as reference copies). with one of the quality sampling Preservation Programs, (NWT), 8601 (e) For born-digital or scanned digital methods presented in ANSI/AIIM TR34 Adelphi Road, College Park, MD 20740, images that are scheduled as permanent (incorporated by reference, see phone number (301) 837–1785 for or unscheduled, a record (or master) § 1237.3). (See also ISO 2859–1 preservation, storage, and treatment version of each image must be (incorporated by reference, see options. comparable in quality to a 35 mm film § 1237.3).)

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(e) For born-digital images scheduled film and large series of still pictures) Subpart C—Storage, Use, and Disposition as permanent, long-term temporary, or from records storage areas. Standards for Microform Records unscheduled, perform periodic (2) Notify the National Archives and 1238.20 How must microform records be inspections, using sampling methods or Records Administration, Modern stored? more comprehensive verification 1238.22 What are the inspection Records Program (NWM), 8601 Adelphi requirements for permanent and systems (e.g., checksum programs), to Road, College Park, MD 20740, phone evaluate image file stability, unscheduled microform records? number (301) 837–1738, about the 1238.24 What are NARA inspection documentation quality, and finding aid existence of nitrocellulose film requirements for temporary microform reliability. Agencies must also establish materials for a determination of whether records? procedures for refreshing digital data they may be destroyed or retained after 1238.26 What are the restrictions on use for (recopying) and file migration, a copy is made by the agency for permanent and unscheduled microform especially for images and databases transfer to NARA. If NARA appraises records? retained for five years or more. nitrate film materials as disposable and 1238.28 What must agencies do when sending permanent microform records to (f) Designate a record set of images the agency wishes to retain them, the that is maintained separately from other a records storage facility? agency must follow the standard NFPA 1238.30 What must agencies do when versions. Record sets of permanent or 40–2007 (incorporated by reference, see unscheduled images that have already transferring permanent microform § 1237.3). records to the National Archives of the been compressed once (e.g., compressed United States? TIFF or first-generation JPEG) must not (3) Follow the packing and shipping of nitrate film as specified in 1238.32 Do agencies need to request NARA be subjected to further changes in image approval for the disposition of all size. Department of Transportation microform and source records? regulations (49 CFR 172.101, Hazardous (g) Organize record images in logical Authority: 44 U.S.C. chapters 29 and 33. series. Group permanent digital images materials table; 172.504, Transportation; separately from temporary digital 173.24, Standard requirements for all Subpart A—General images. packages; and 173.177, Motion picture (h) Document information about film and X-ray film—nitrocellulose § 1238.1 What is the scope of this part? digital photographic images as they are base). This part covers the standards and produced. For permanent or (b) Agencies must inspect cellulose- procedures for using micrographic unscheduled images descriptive acetate film periodically for an acetic technology in the management of elements must include: odor, wrinkling, or the presence of Federal records. (1) An identification number; crystalline deposits on the edge or (2) Information about image content; surface of the film that indicate § 1238.2 What are the authorities for part 1238? (3) Identity and organizational deterioration. Agencies must notify the affiliation of the photographer; National Archives and Records The statutory authorities for this part (4) Existence of any copyright or other Administration, Modern Records are 44 U.S.C. chapters 29 and 33. potential restrictions on image use; and Program (NWM), 8601 Adelphi Road, (5) Technical data including file § 1238.3 What definitions apply to this College Park, MD 20740, phone number part? format and version, bit depth, image (301) 837–1738, immediately after size, camera make and model, inspection about deteriorating See § 1220.18 of this subchapter for compression method and level, custom permanent or unscheduled audiovisual definitions of terms used in part 1238. or generic color profiles (ICC/ICM records composed of cellulose acetate so § 1238.4 What standards are used as profile), and, where applicable, that they can be copied by the agency guidance for this part? Exchangeable Image File Format (EXIF) prior to transfer of the original and These regulations conform with information embedded in the header of duplicate film to NARA. image files by certain digital cameras. guidance provided in ISO15489–1:2001, (i) Provide a unique file name to PART 1238—MICROFORMS RECORDS part 7.1 (Principles of records identify the digital image. MANAGEMENT management programmes), and 9.6 (j) Develop finding aids sufficiently (storage and handling). Subpart A—General detailed to ensure efficient and accurate § 1238.5 What publications are retrieval. Ensure that indexes, caption 1238.1 What is the scope of this part? incorporated by reference in this part? lists, and assignment logs can be used 1238.2 What are the authorities for part (a) Certain material is incorporated by to identify and chronologically cut-off 1238? reference into this part with the block of images for transfer to the 1238.3 What definitions apply to this part? approval of the Director of the Federal NARA. 1238.4 What standards are used as guidance Register under 5 U.S.C. 552(a) and 1 for this part? § 1237.30 How do agencies manage CFR part 51. To enforce any edition 1238.5 What publications are incorporated records on nitrocellulose-base and other than that specified in this section, by reference? cellulose-acetate base film? NARA must publish notice of change in (a) The nitrocellulose base, a Subpart B—Microfilming Standards the Federal Register and the material substance akin to gun cotton, is 1238.10 What are the format standards for must be available to the public. All chemically unstable and highly microfilming records? approved material is available for flammable. Agencies must handle 1238.12 What documentation is required inspection at the Office of the Federal nitrocellulose-base film (used in the for microfilmed records? Register. For information on the manufacture of sheet film, 35 mm 1238.14 What are the microfilming availability of this material at the Office motion pictures, aerial and still requirements for permanent and of the Federal Register, call (202) 741– photography into the 1950s) as specified unscheduled records? 6030 or go to http://www.archives.gov/ below: 1238.16 What are the microfilming federal_register/ (1) Remove nitrocellulose film requirements for temporary records, code_of_federal_regulations/ materials (e.g., 35mm motion picture duplicates, and user copies? ibr_locations.html.

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(b) The material incorporated by Microforms for Evidence of MS14 (incorporated by reference, see reference is also available for inspection Deterioration, January 22, 1990, IBR § 1238.5) must be used for microfilming at NARA’s Archives Library Information approved for § 1238.22. source documents on 16mm and 35mm Center (NWCCA), Room 2380, 8601 (9) ISO 18911:2000 (‘‘ISO 18911’’), roll film. A reduction ratio no greater Adelphi Road, College Park, MD 20740– Imaging materials—Processed safety than 1:24 is recommended for 6001, phone number (301) 837–3415, photographic films—Storage practices, correspondence or similar typewritten and is available for purchase from the First Edition, November 1, 2000, IBR documents. Use ANSI/AIIM MS23 sources listed below. If you experience approved for § 1238.20. (incorporated by reference, see § 1238.5) difficulty obtaining the standards (d) Techstreet. The following for the appropriate reduction ratio and referenced below, contact NARA’s standards are available from the format for meeting image quality Policy and Planning Staff (NPOL), standards reseller Techstreet, 3916 requirements. When microfilming on National Archives and Records Ranchero Drive, Ann Arbor, MI 48108, 35mm film for aperture card Administration, 8601 Adelphi Road, phone number (800) 699–9277, or applications, the format dimensions in College Park, MD 20740–6001, phone online at www.Techstreet.com. number (301) 837–1850. (1) ISO 18901:2002 (‘‘ISO 18901’’), ANSI/AIIM MS32 (incorporated by (c) American National Standards Imaging Materials—Processed silver- reference, see § 1238.5), Table 1 must be Institute (ANSI) and International gelatin type black-and-white films— used, and the aperture card format ‘‘D Organization for Standards (ISO) Specifications for stability, February 15, Aperture’’ shown in ANSI/AIIM MS41 standards. The following ANSI and ISO 2002, IBR approved for §§ 1238.10, (incorporated by reference, see standards are available from the 1238.14, and 1238.20. § 1238.5), Figure 1, must be used. The American National Standards Institute, (2) Reserved components of the aperture card, 25 West 43rd St., 4th Floor, New York, (e) Document Center Inc. The including the paper and adhesive, must NY 10036, phone number (212) 642– following are available from the conform to the requirements of ANSI/ 4900,or online at http:// standards reseller the Document Center PIMA IT9.2 (incorporated by reference, webstore.ansi.org. Inc., 111 Industrial Road, Suite 9, see § 1238.5). The 35mm film used in (1) ANSI/AIIM MS1–1996 (‘‘ANSI/ Belmont, CA, 94002, phone number the aperture card application must AIIM MS1’’), Standard Recommended (650) 591–7600, or online at http:// conform to film designated as LE 500 in Practice for Alphanumeric Computer- www.document-center.com. ISO 18901 (incorporated by reference, Output Microforms—Operational (1) ANSI/NAPM IT2.19–1994 (‘‘ANSI/ see § 1238.5). Practices for Inspection and Quality NAPM IT2.19), American National (2) COM. Microfilm created using Control, August 8, 1996, IBR approved Standard for Photography—Density computer output microfilm (COM) for § 1238.14. Measurements—Part 2: Geometric technology must use the simplex mode (2) ANSI/AIIM MS5–R1998) (‘‘ANSI/ Conditions for Transmission Density, described in ANSI/AIIM MS14 AIIM MS5’’), Standard for Information February 20, 1995, IBR approved for and Image Management—Microfiche, § 1238.14. (incorporated by reference, see § 1238.5) December, 1998, IBR approved for (2) ANSI/PIMA IT9.2–1998 (‘‘ANSI/ at an effective ratio of 1:24 or 1:48 § 1238.10. PIMA IT9.2’’), Photographic Processed depending upon the application. (3) ANSI/AIIM MS14–1996 (‘‘ANSI/ Films, Plates, and Papers-Filing (b) Microfiche. When creating AIIM MS14’’), Standard Recommended Enclosures and Storage Containers, microfiche, either by microfilming Practice—Specifications for 16mm and April 15, 1998, IBR approved for source documents or using COM 35mm Roll Microfilm, August 8, 1996, §§ 1238.10 and 1238.20. technology, the formats and reduction IBR approved for § 1238.10. (3) ANSI/AIIM MS 23–1998 (‘‘ANSI/ ratios prescribed in ANSI/AIIM MS5 (4) ANSI/AIIM MS19–1993 (‘‘ANSI/ AIIM MS23’’), Standard Recommended (incorporated by reference, see § 1238.5) AIIM MS19’’), Standard Recommended Practice—Production, Inspection, and must be used as specified for the size Practice—Identification of Microforms, Quality Assurance of First-Generation, and quality of the documents being August 18, 1993, IBR approved for Silver Microforms of Documents, June 2, filmed. Use ANSI/AIIM MS23 § 1238.12. 1998, IBR approved for §§ 1238.10 and (5) ANSI/AIIM MS32–1996 (‘‘ANSI/ (incorporated by reference, see § 1238.5) 1238.14. for determining the appropriate AIIM MS32’’), Standard Recommended (4) ANSI/ISO 3334–1991, ANSI/AIIM Practice—Microrecording of reduction ratio and format for meeting MS51–1991 (‘‘ANSI/ISO 3334, ANSI/ the image quality requirements. Engineering Source Documents on AIIM MS51’’), Micrographics—ISO 35mm Microfilm, February 16, 1996, Resolution Test Chart No. 2— (c) Index placement—(1) Source IBR approved for § 1238.10. Description and Use, May 10, 1991, IBR documents. When microfilming source (6) ANSI/AIIM MS41–1996 (‘‘ANSI/ approved for § 1238.14. documents, place indexes, registers, or AIIM MS41’’), Dimensions of Unitized (5) ANSI/NAPM IT2.18–1996 (‘‘ANSI/ other finding aids, if microfilmed, either Microfilm Carriers and Apertures NAPM IT2.18’’), American National in the first frames of the first roll of film (Aperture, Camera, Copy and Image Standard for Photography—Density or in the last frames of the last roll of Cards), July 16, 1996, IBR approved for Measurements—Part 3: Spectral film of a series. For microfiche, place § 1238.10. Conditions, March 8, 1996, IBR the indexes in the last frames of the last (7) ANSI/AIIM MS43–1998 (‘‘ANSI/ approved for § 1238.14. microfiche or microfilm jacket of a AIIM MS43’’), Standard Recommended series. Practice—Operational Procedures— Subpart B—Microfilming Standards Inspection and Quality Control of (2) COM. Place indexes on COM Duplicate Microforms of Documents and § 1238.10 What are the format standards following the data on a roll of film, in From COM), June 2, 1998, IBR approved for microfilming records? the last frames of a single microfiche, or for § 1238.14, The following formats must be used in the last frames of the last fiche in a (8) ANSI/AIIM MS45–1990 (‘‘ANSI/ when microfilming records: series. Other locations for indexes may AIIM MS 45’’), Recommended Practice (a) Roll film—(1) Source documents. be used only if dictated by special for Inspection of Stored Silver-Gelatin The formats described in ANSI/AIIM system constraints.

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§ 1238.12 What documentation is required § 1238.14 What are the microfilming MS23 and ANSI/AIIM MS43 (both for microfilmed records? requirements for permanent and incorporated by reference, see § 1238.5). unscheduled records? Agencies must ensure that the Agencies must perform resolution tests microforms capture all information (a) Agencies must apply the standards using an ANSI/ISO 3334 Resolution in this section when microfilming: contained on the source documents and Test Chart (incorporated by reference, (1) Permanent paper records where that they can be used for the purposes see § 1238.5) or a commercially the original paper record will be available certifiable target manufactured the source documents served. destroyed (only after authorization from Microform records must be labeled and to comply with this standard, and read NARA); the patterns following the instructions organized to support easy retrieval and (2) Unscheduled paper records where use. Agencies must: of ANSI/ISO 3334. Agencies must use the original paper record will be the smallest character used to display (a) Arrange, describe, and index the destroyed (only after authorization from information to determine the height filmed records to permit retrieval of any NARA); and used in the Quality Index formula. particular document or component of (3) Permanent and unscheduled Agencies must use a Quality Index of the records. original microform records (no paper five at the third generation level. (b) Title each microform roll or fiche originals) produced by automation, such with a titling target or header. For fiche, as COM. (ii) COM. COM must meet the place the titling information in the first (b) Agencies must use polyester-based requirements of ANSI/AIIM MS1 frame if the information will not fit on silver gelatin type film that conforms to (incorporated by reference, see the header. At a minimum, titling ISO 18901 (incorporated by reference, § 1238.5). information must include: see § 1238.5) for LE 500 film in all (2) Background density of images. applications. (1) The title of the records; Agencies must use the background ISO (c) Agencies must process microforms standard visual diffuse transmission (2) The number or identifier for each so that the residual thiosulfate ion density on microforms appropriate to unit of microform; concentration will not exceed 0.014 the type of documents being filmed. (3) The security classification, if any; grams per square meter in accordance Agencies must use the procedure for and with ISO 18901 (incorporated by density measurement described in reference, see § 1238.5) and use the (4) The name of the agency and sub- ANSI/AIIM MS23 (incorporated by processing procedures in ANSI/AIIM organization, the inclusive dates, names, reference, see § 1238.5). The MS1 and ANSI/AIIM MS23 (both or other data identifying the records to densitometer must meet with ANSI/ incorporated by reference, see § 1238.5). NAPM IT2.18 (incorporated by be included on a unit of microform. (d) Agencies must use the following reference, see § 1238.5) for spectral (c) Add an identification target standards for quality: showing the date of microfilming. When (1) Resolution—(i) Source documents. conditions and ANSI/NAPM IT2.19 necessary to give the microform copy Agencies must determine minimum (incorporated by reference, see § 1238.5) legal standing, the target must also resolution on microforms of source for geometric conditions for identify the person who authorized the documents using the method in the transmission density. microfilming. Use ANSI/AIIM MS19 Quality Index Method for determining (i) Recommended visual diffuse (incorporated by reference, see § 1238.5) resolution and anticipated losses when transmission background densities for for standards for identification targets. duplicating, as described in ANSI/AIIM images of documents are as follows:

Background Classification Description of document density

Group 1 ...... High-quality, high contrast printed book, periodicals, and black typing ...... 1.3–1.5 Group 2 ...... Fine-line originals, black opaque pencil writing, and documents with small high contrast printing ...... 1.15–1.4 Group 3 ...... Pencil and ink drawings, faded printing, and very small printing, such as footnotes at the bottom of a 1.0–1.2 printed page. Group 4 ...... Low-contrast manuscripts and drawing, graph paper with pale, fine-colored lines; letters typed with a 0.8–1.0 worn ribbon; and poorly printed, faint documents. Group 5 ...... Poor-contrast documents (special exception)...... 0.7–0.85

(ii) Recommended visual diffuse transmission densities for computer generated images are as follows:

Minimum Film type Process Density measurement method Min. Dmax 1 Max. Dmin 1 density difference

Silver gelatin ...... Conventional ...... Printing or diffuse ...... 0.75 0.15 0.60 Silver gelatin ...... Full reversal ...... Printing ...... 1.50 0.20 1.30 1 Character or line density, measured with a microdensitometer or by comparing the microfilm under a microscope with an image of a known density.

(3) Base plus fog density of is used, the density will be increased. (4) Line or stroke width. Due to optical microfilms. The base plus fog density of The difference must be added to the limitations in most micrographic unexposed, processed microfilms must values given in the tables in paragraph systems, microfilm images of thin lines not exceed 0.10. When a tinted base film (d)(2) of this section. appearing in the source documents will

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tend to fill in as a function of their inspected initially in accordance with accordance with § 1238.14 to replace the width and density. Therefore, as the ANSI/AIIM MS45 (incorporated by deteriorating master. The duplicate reduction ratio of a given system is reference, see § 1238.5). All microforms microform must meet inspection increased, reduce the background must be inspected when they are two requirements (see § 1238.22) before it density as needed to ensure that the years old. After the initial two-year may be transferred to a record center or copies will be legible. inspection, unless there is a catastrophic NARA. event, the microforms must be inspected (g) Inspections must be conducted in § 1238.16 What are the microfilming as follows until they are transferred to environmentally controlled areas in requirements for temporary records, duplicates, and user copies? NARA: accordance with ANSI/AIIM MS45 (1) For microfilm produced after 1990, (incorporated by reference, see (a) Temporary records with a inspect the microfilm every 5 years. § 1238.5). retention period over 99 years. Agencies (2) For microfilm produced prior to must use the microfilming requirements 1990, inspect the microfilm every 2 § 1238.24 What are NARA inspection in § 1238.14. requirements for temporary microform years. records? (b) Temporary records to be kept for (c) To facilitate inspection, the agency less than 99 years, duplicates, and user must maintain an inventory that lists NARA recommends, but does not copies. NARA does not require the use each microform series or publication by require, that agencies use the inspection of specific standards for these production date, producer, processor, procedures described in § 1238.22(a). microforms. Agencies may select a film format, and results of previous § 1238.26 What are the restrictions on use stock that meets their needs and ensures inspections. the preservation of the microforms for for permanent and unscheduled microform (d) The inspection must include the records? their full retention period. NARA following elements: (a) Agencies must not use the silver recommends that agencies consult (1) An inspection for aging blemishes appropriate standards, available as gelatin master microform or duplicate following ANSI/AIIM MS45 silver gelatin microform of permanent or noted in § 1238.3, and manufacturer’s (incorporated by reference, see instructions for processing production, unscheduled records created in § 1238.5); accordance with § 1238.14 of this part and maintenance of microform to ensure (2) A rereading of resolution targets; that the images are accessible and for reference purposes. Agencies must (3) A remeasurement of density; and ensure that the master microform usable for the entire retention period of (4) A certification of the the records. remains clean and undamaged during environmental conditions under which the process of making a duplicating the microforms are stored, as specified Subpart C—Storage, Use, and master. in § 1238.20(a). Disposition of Microform Records (b) Agencies must use duplicates for: (e) The agency must prepare an (1) Reference; § 1238.20 How must microform records be inspection report, and send a copy to (2) Further duplication on a recurring stored? NARA in accordance with § 1238.28(c). basis; (a) Permanent and unscheduled The inspection report must contain: (3) Large-scale duplication; and records. Agencies must store permanent (1) A summary of the inspection (4) Distribution of records on and unscheduled microform records findings, including: microform. under the extended term storage (i) A list of batches by year that (c) Agencies retaining the original conditions specified in ISO 18911 and includes the identification numbers of record in accordance with an approved ANSI/PIMA IT9.2 (both incorporated by microfilm rolls and microfiche in each records disposition schedule may apply reference, see § 1238.5), except that the batch; agency standards for the use of relative humidity of the storage area (ii) The quantity of microforms microform records. must be a constant 35 percent RH, plus inspected; or minus 5 percent. Non-silver copies of (iii) An assessment of the overall § 1238.28 What must agencies do when condition of the microforms; sending permanent microform records to a microforms must be maintained in a records storage facility? different storage area than are silver (iv) A summary of any defects gelatin originals or duplicate copies). discovered, e.g., redox blemishes or base Agencies must: (b) Temporary records. Agencies must deformation; and (a) Follow the procedures in part 1232 store temporary microform records (v) A summary of corrective actions of this chapter and the additional under conditions that will ensure their taken. requirements in this section. preservation for their authorized (2) A detailed inspection log created (b) Package non-silver copies retention period. NARA suggests that during the inspection that contains the separately from the silver gelatin agencies may consult Life Expectance following information: original or silver duplicate microform (LE) guidelines in ISO 18901 (i) A complete description of all copy and clearly label them as non- (incorporated by reference, see records inspected (title; roll or fiche silver copies. (c) Include the following information § 1238.5). number or other unique identifier for each unit of film inspected; security on the transmittal (SF 135 for NARA § 1238.22 What are the inspection classification, if any; and inclusive Federal Records Centers), or in an requirements for permanent and dates, names, or other data identifying attachment to the transmittal. For unscheduled microform records? the records on the unit of film); records sent to an agency records center (a) Agencies must inspect, or arrange (ii) The date of inspection; or commercial records storage facility, for a contractor or NARA to inspect (iii) The elements of inspection (see submit this information to NARA as part master microform of permanent or paragraph (d) of this section); of the documentation required by unscheduled records following the (iv) Any defects uncovered; and § 1232.14 of this subchapter: inspection requirements in paragraph (v) The corrective action taken. (1) Name of the agency and program (b) of this section. (f) If an inspection finds that a master component; (b) The microforms listed in microform is deteriorating, the agency (2) The title of the records and the paragraph (a) of this section must be must make a silver duplicate in media and format used;

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(3) The number or identifier for each standards set forth in 36 CFR part 29; and the requirements for agencies to unit of microform; 1238.’’ cooperate fully in such inspections. (4) The security classification, if any; (2) Agencies using microfilming (5) The inclusive dates, names, or methods, materials, and procedures that § 1239.2 What are the authorities for part other data identifying the records to be do not meet the standards in 1239? included on a unit of microform; § 1238.14(a) must include on the SF 115 The authorities for this part are 44 (6) Finding aids that are not contained a description of the system and U.S.C. 2904 and 2906. in the microform; and standards used. (7) The inspection log forms and § 1239.3 What definitions apply to this (3) When an agency intends to retain part? inspection reports required by the silver original microforms of § 1238.22(e). permanent records and destroy the (a) See § 1220.18 of this subchapter (d) Agencies may transfer permanent original records, the agency must certify for definitions of terms used in part microform records to a records storage in writing on the SF 115 that the 1239. facility meeting the storage microform will be stored in compliance (b) As used in part 1239— requirements in § 1232.14(a) (see with the standards of § 1238.20 and Inspection means a formal review and § 1233.10 of this subchapter for NARA inspected as required by § 1238.22. report by NARA under 44 U.S.C. 2904(c) Federal Records Centers) of this (b) Temporary records. Agencies do and 2906(a) of an agency’s subchapter only after the first inspection not need to obtain additional NARA recordkeeping processes that focus on or with certification that the microforms approval when destroying scheduled significant records management will be inspected by the agency, a temporary records that have been problems affecting records at risk that contractor, or a NARA Federal Records microfilmed. The same approved meet one or more of the following Center (on a reimbursable basis) when retention period for temporary records criteria: the microforms become 2 years old. is applied to microform copies of these (1) Have a direct and high impact on records. The original records can be legal rights or government § 1238.30 What must agencies do when destroyed once microfilm is verified, accountability; transferring permanent microform records (2) Are the subject of high profile to the National Archives of the United unless legal or other requirements prevent their early destruction. litigation, Congressional attention, or States? widespread media coverage; Agencies must: PART 1239—PROGRAM ASSISTANCE (3) Have high research potential; or (a) Follow the procedures in part 1235 AND INSPECTIONS (4) Are permanent records with a of this subchapter and the additional large volume, regardless of format. requirements in this section. Subpart A—General (b) If the records are not in a NARA Sec. § 1239.4 What standards are used as Federal Records Center, submit the 1239.1 What is the scope of this part? guidance for this part? information specified in § 1232.14(c) of 1239.2 What are the authorities for part These regulations conform with this subchapter. 1239? guidance provided in ISO 15489– (c) Transfer the silver gelatin original 1239.3 What definitions apply to this part? 1:2001. Paragraphs 7.1, Principles of (or duplicate silver gelatin microform 1239.4 What standards are used as guidance records management programmes, and for this part? created in accordance with § 1238.14) 10, Monitoring and auditing, apply to plus one microform copy. Subpart B—Program Assistance this part. (d) Ensure that the inspections of the 1239.10 What program assistance does microforms are up-to-date. NARA will NARA provide? Subpart B—Program Assistance not accession permanent microform 1239.12 Whom may agencies contact to records until the first inspection has request assistance? § 1239.10 What program assistance does NARA provide? been performed (when the microforms Subpart C—Inspections are 2 years old). (a) NARA publishes handbooks, (e) Package non-silver copies 1239.20 When will NARA undertake an conducts workshops and other training inspection? sessions, and furnishes information and separately from the silver gelatin 1239.22 How does NARA notify the agency original or silver duplicate microform of the inspection? guidance to Federal agencies about the copy and clearly label them as non- 1239.24 How does NARA conduct an creation of records, their maintenance silver copies. inspection? and use, and their disposition. NARA 1239.26 What are an agency’s follow up also may conduct a targeted assistance § 1238.32 Do agencies need to request obligations for an inspection report? project in cooperation with an agency to NARA approval for the disposition of all Authority: 44 U.S.C. 2904 and 2906. address a serious records management microform and source records? issue in the agency. (a) Permanent or unscheduled Subpart A—General (b) Information on NARA handbooks records. Agencies must schedule both and guidance is available at http:// source documents (originals) and § 1239.1 What is the scope of this part? www.archives.gov/records-mgmt/. microforms. NARA must approve the NARA’s statutory authorities include (c) Information on NARA training is schedule, SF 115, Request for Records assisting agencies in carrying out their available at http://www.archives.gov/ Disposition Authority, in accordance records management responsibilities records-mgmt/training/. with part 1225 of this subchapter before and, when necessary, inspecting agency any records, including source programs and reporting to Congress on § 1239.12 Whom may agencies contact to documents, may be destroyed. those inspections. Part 1239 identifies request program assistance? (1) Agencies that comply with the the types of records management Agencies in the Washington, DC, area standards in § 1238.14 must include on guidance and program assistance NARA desiring information or assistance the SF 115 the following certification: provides to agencies under its 44 U.S.C. related to any of the areas covered by ‘‘This certifies that the records chapter 29 mandate; the conditions subchapter B may contact the National described on this form were (or will be) under which NARA will invoke its Archives and Records Administration, microfilmed in accordance with the inspection authority, also under chapter Life Cycle Management Division

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(NWML), 8601 Adelphi Rd., College Archivist of the United States sends a (2) Background and purpose of Park, MD 20740–6001, phone number letter to the head of the agency. If the inspection; 301–837–1738. Agency field agency being inspected is a component (3) Inspection methodology, including organizations may contact the of a cabinet department, the letter will offices visited; appropriate NARA Regional be addressed to the head of the Administrator regarding records component, with a copy sent to the head (4) Findings; management assistance, including for of the department. NARA will also send (5) Corrective actions needed and records in or scheduled for transfer to copies to the agency’s records officer. other recommendations; and the records center or the archival The letter will include: (6) Any necessary appendixes, such as operations within the region. (1) Notification that NARA intends to summaries of each site visit or the conduct an inspection, the records that inspection instrument. Subpart C—Inspections will be inspected, and the issues to be addressed; (c) The draft report is sent to the § 1239.20 When will NARA undertake an agency for review, with a response inspection? (2) A beginning date for the deadline of 45 days. NARA may undertake an inspection inspection that is no more than 30 days when an agency fails to address specific after the date of the letter; and (d) NARA will incorporate any records management problems (3) A request that the agency appoint necessary corrections or revisions in the involving high risk to significant a point of contact who will assist NARA final report and issue the report to the records. Problems may be identified in conducting the inspection. head of the agency within 45 days. through a risk assessment or through (b) If the agency does not respond to NARA’s notification letter, NARA will § 1239.26 What are an agency’s follow up other means, such as reports in the obligations for an inspection report? media, Congressional inquiries, use its statutory authority under 44 allegations of unauthorized destruction, U.S.C. 2904(c)(8) to report the matter to The agency must submit a plan of reports issued by the GAO or an the agency’s congressional oversight corrective action that specifies how the agency’s Inspector General, or committee and to the Office of agency will address each inspection observations by NARA staff members. Management and Budget. report recommendation, including a Inspections will be undertaken when § 1239.24 How does NARA conduct an timeline for completion, and proposed other NARA program assistance efforts inspection? progress reporting dates. The agency (see § 1239.10) have failed to mitigate must submit the plan of corrective (a) The NARA inspection team leader situations where there is a high risk of action to NARA within 60 days of will coordinate with the agency point of loss of significant records, or when contact to arrange an initial meeting transmission of the final report. NARA NARA agrees to a request from the with the agency. The initial meeting may take up to 60 days to review and agency head that NARA conduct an will address such matters as the comment on the plan. Once the plan is inspection to address specific agreed upon by both sides, agencies significant records management issues parameters of the inspection, any surveys or other inspection instruments, must submit progress reports to NARA in the agency. NARA reports to until all actions are completed. Congress and the Office of Management the offices to be visited, and the timing and Budget on inspections in of site visits. PARTS 1240–1249—[RESERVED] accordance with 44 U.S.C. 2904. (b) After the inspection is complete, NARA will prepare a draft inspection Adrienne C. Thomas, § 1239.22 How does NARA notify the report and transmit it to the agency agency of the inspection? within 45 calendar days of the last site Acting Archivist of the United States. (a) Once NARA identifies the need to visit. The report will include: [FR Doc. E9–23613 Filed 10–1–09; 8:45 am] conduct an agency inspection, the (1) An executive summary; BILLING CODE 7515–01–P

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Part III

Federal Deposit Insurance Corporation 12 CFR Part 327 Amendment of Federal Deposit Insurance Corporation Restoration Plan; Notice; Prepaid Assessments; Proposed Rule

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FEDERAL DEPOSIT INSURANCE extended the time within which the immediately adopting a uniform 3 basis CORPORATION reserve ratio would return to 1.15 point increase in assessment rates percent from five to seven years effective January 1, 2011, to ensure that Federal Deposit Insurance Corporation (Amended Restoration Plan). the fund returns to 1.15 percent within Amended Restoration Plan In May 2009, Congress amended the the Amended Restoration Plan period of statutory provision governing eight years. Tuesday, September 29, 2009. establishment and implementation of a 4. At least semi-annually hereafter, AGENCY: Federal Deposit Insurance Restoration Plan to allow the FDIC eight the FDIC will update its loss and Corporation (FDIC). years to bring the reserve ratio back to income projections for the Fund. If ACTION: Amendment of Federal Deposit 1.15 percent, absent extraordinary necessary to return the reserve ratio to Insurance Corporation Restoration Plan. circumstances. The FDIC has concluded 1.15 percent, the Board will increase that the Amended Restoration Plan assessment rates prior to the end of the On October 7, 2008, the FDIC should be extended from seven to eight eight-year period, following notice-and- established a Restoration Plan for the years as is allowed under current law. Deposit Insurance Fund (the DIF or the Therefore, the FDIC amends the comment rulemaking. Fund), which was implemented Amended Restoration Plan adopted on 5. This Amended Restoration Plan immediately. The Restoration Plan February 27, 2009, as follows: shall be implemented immediately. called for the FDIC to set assessment 1. The period of the Amended By order of the Board of Directors. rates such that the reserve ratio would Restoration Plan is extended to eight return to 1.15 percent within five years. Dated at Washington, DC, this 29th of years. September, 2009. On February 27, 2009, the FDIC 2. The FDIC will not impose any Federal Deposit Insurance Corporation. concluded that the problems facing the further special assessments under the financial services sector and the final rule adopted in May 2009. Robert E. Feldman, economy at large constituted 3. The FDIC plans to maintain Executive Secretary. extraordinary circumstances and assessment rates at their current levels [FR Doc. E9–23802 Filed 9–30–09; 11:15 am] amended the Restoration Plan and through the end of 2010. The FDIC is BILLING CODE 6714–01–P

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FEDERAL DEPOSIT INSURANCE to allow the Deposit Insurance Fund resolution methods that will be CORPORATION (‘‘Fund’’ or ‘‘DIF’’) to return to its employed and the rate at which retained statutorily mandated minimum reserve assets can be sold and converted into 12 CFR Part 327 ratio of 1.15 percent within eight years. liquid assets. RIN 3064–AD49 At the same time, the FDIC adopted higher risk-based assessment rates Strategy To Ensure Sufficient Liquidity 1 Prepaid Assessments effective beginning January 1, 2011. The FDIC has identified the following AGENCY: Federal Deposit Insurance Liquidity Need Projections funding alternatives to meet its immediate liquidity needs: imposing Corporation (FDIC). While the Amended Restoration Plan additional special assessments; ACTION: Notice of proposed rulemaking and assessment rates address the need requiring prepaid assessments; or and request for comment. to return the DIF reserve ratio to 1.15 percent, the FDIC must also consider its borrowing from the Treasury or Federal SUMMARY: Pursuant to Section 7(b) of the need for cash to pay for projected Financing Bank (FFB). To meet the Federal Deposit Insurance Act, the FDIC failures. At the beginning of this crisis, FDIC’s liquidity needs, without is proposing to amend its assessment in June 2008, total assets held by the imposing additional burdens on the regulations to require insured DIF were approximately $55 billion and industry during a period of stress, and institutions to prepay, on December 30, consisted almost entirely of cash and to ensure that the deposit insurance 2009, their estimated quarterly risk- marketable securities (i.e., liquid assets). system remains directly industry- based assessments for the fourth quarter As the crisis has unfolded, liquid assets funded, the FDIC proposes to require all of 2009, and for all of 2010, 2011, and of the DIF have been used to protect institutions to prepay, on December 30, 2012. The FDIC would begin to offset depositors of failed institutions and 2009, their estimated risk-based prepaid assessments on March 30, 2010, have been exchanged for less liquid assessments for the fourth quarter of representing payment for the fourth claims against the assets of failed 2009, and for all of 2010, 2011, and quarter of 2009. institutions. As of June 30, 2009, while 2012, at the same time that institutions DATES: Comments must be received on total assets had increased to almost $65 pay their regular quarterly deposit or before October 28, 2009. billion, cash and marketable securities insurance assessments for the third ADDRESSES: You may submit comments, had fallen to about $22 billion. The pace quarter of 2009. An institution would identified by RIN number, by any of the of resolutions continues to put initially account for the prepaid following methods: downward pressure on cash balances. assessment as a prepaid expense (an • Agency Web Site: http:// While the less liquid assets in the DIF asset); the Fund would initially account www.fdic.gov/regulations/laws/federal/ have value that will eventually be for the amount collected as both an asset propose.html. Follow instructions for converted to cash when sold, the FDIC’s (cash) and an offsetting liability submitting comments on the Agency immediate need is for more liquid assets (deferred revenue). An institution’s Web Site. to fund near-term failures. quarterly risk-based deposit insurance • E-mail: [email protected]. The FDIC’s projections of the Fund’s assessments thereafter would be offset Include the RIN number in the subject liquidity needs take into account recent by the amount prepaid until that line of the message. trends in resolution methodologies, amount is exhausted or until December • Mail: Robert E. Feldman, Executive such as the increasing use of loss 30, 2014, when any amount remaining Secretary, Attention: Comments, Federal sharing—especially for larger would be returned to the institution. Deposit Insurance Corporation, 550 17th institutions—which reduce the FDIC’s The FDIC estimates that total prepaid Street, NW., Washington, DC 20429. immediate cash outlays, and the assessments would amount to • Hand Delivery/Courier: Guard anticipated pace at which assets approximately $45 billion. station at the rear of the 550 17th Street obtained from failed institutions can be II. Legal Authority Building (located on F Street) on sold. If the FDIC took no action under business days between 7 a.m. and 5 p.m. its existing authority to increase its The FDIC’s assessment authorities are Instructions: All submissions received liquidity, the FDIC’s projected liquidity set forth in section 7 of the Federal must include the agency name and RIN needs would exceed its liquid assets on Deposit Insurance Act (FDI Act), 12 for this rulemaking. All comments hand beginning in the first quarter of U.S.C. 1817(b) and (c).2 Generally, the received will be posted without change 2010. Through 2010 and 2011, liquidity FDIC Board of Directors must establish, to http://www.fdic.gov/regulations/laws/ needs could significantly exceed liquid by regulation, a risk-based assessment federal/propose.html including any assets on hand. system for insured depository personal information provided. These projections are subject to institutions. 12 U.S.C. 1817(b)(1)(A).3 FOR FURTHER INFORMATION CONTACT: considerable uncertainty. Liquidity Each insured depository institution is Robert C. Oshinsky, Senior Financial needs could exceed projected amounts required to pay its risk-based Economist, Division of Insurance and if, for example, conditions affecting the assessment to the Corporation in such Research, (202) 898–3813; Donna national or regional economies, prove manner and at such time or times as the Saulnier, Manager, Assessment Policy more severe than currently anticipated. Section, (703) 562–6167; Christopher Higher failure rates than projected 2 The requirement for imposing systemic risk Bellotto, Counsel, Legal Division, (202) would increase liquidity needs; lower assessments is set forth at Section 13(c)(4)(G) of the 898–3801; Sheikha Kapoor, Senior failure rates would decrease liquidity Federal Deposit Insurance Act (12 U.S.C. Attorney, Legal Division, (202) 898– needs. The liquidity needs projections 1823(c)(4)(G)). 3960. are particularly influenced by 3 The regulations governing the FDIC’s risk-based assessment system are set out at 12 CFR part 327. SUPPLEMENTARY INFORMATION: assumptions regarding the types of Those regulations give the FDIC the authority to raise assessment rates by 3 basis points without I. Background 1 Section 7(b)(3)(E) of the Federal Deposit additional rulemaking. 12 CFR 327.10(c). On Insurance Act (12 U.S.C. 1817(b)(3)(E)); Section September 29, 2009, the FDIC Board voted to use On September 29, 2009, the FDIC 7(b)(2) of the Federal Deposit Insurance Act (12 this authority and adopted higher assessment rates adopted an Amended Restoration Plan U.S.C. 1817(b)(2)). effective January 1, 2011.

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Board of Directors prescribes by prepayment amount.67 However, an charge to earnings) for its estimated regulation. 12 U.S.C. 1817(c)(2)(B). insured depository institution may regular quarterly risk-based assessment In addition, section 7(b)(5) of the FDI continue to request review or revision for the third quarter of 2009, which is Act, governing special assessments, (as appropriate) of its regular risk-based a quarter for which assessments would empowers the Corporation to impose assessment each quarter under sections not have been prepaid, and a one or more special assessments on 327.4(c) and 327.3(f) of the FDIC corresponding accrued expense payable insured depository institutions in an regulations. The FDIC proposes to (a liability). On December 30, 2009, each amount determined by the Corporation collect the prepaid assessments for the institution would pay both its for any purpose that the Corporation fourth quarter of 2009, and for all of assessment for the third quarter of 2009, may deem necessary. 12 U.S.C. 2010, 2011, and 2012 on December 30, thereby eliminating the related accrued 1817(b)(5). The FDIC exercised this 2009, along with the regular quarterly expense payable, and the entire amount authority earlier this year when it deposit insurance assessments for the of its prepaid assessments, which it promulgated a regulation imposing a third quarter of 2009.8 would record as a prepaid expense special assessment on June 30, 2009, of Requiring prepaid assessments would (asset). As of December 31, 2009, each 5 basis points of an institution’s total not preclude the FDIC from changing institution would record (1) an expense assets minus its Tier 1 capital as of that assessment rates or from further revising (a charge to earnings) for its estimated date, not to exceed 10 basis points of the the risk-based assessment system during regular quarterly risk-based assessment institution’s risk-based assessment base 2009, 2010, 2011, 2012, or thereafter, for the fourth quarter of 2009, and (2) an as of that date.4 Pursuant to that pursuant to notice-and-comment offsetting credit to the prepaid rulemaking, the FDIC’s Board of rulemaking under 12 U.S.C. 1817(b)(1). assessment asset because the fourth Directors may impose up to two Prepaid assessments made by insured quarter assessment of 2009 would have additional special assessments, each at depository institutions would continue been prepaid. up to the same rate, at the end of the to be applied against quarterly Each quarter thereafter, an institution third and fourth quarters of 2009, assessments as they may be so revised. would record an expense (a charge to without the need for additional notice- earnings) for its regular quarterly risk- B. Implementing Prepaid Assessments and-comment rulemaking. based assessment for that quarter and an Instead of imposing any additional The FDIC would begin to offset offsetting credit to the prepaid special assessments when the industry prepaid assessments on March 30, 2010, assessment asset until this asset is is in a weakened condition, the FDIC representing payment of the regular exhausted. Once the asset is exhausted, seeks to address its upcoming liquidity quarterly risk-based deposit insurance the institution would record an expense needs through this notice of proposed assessment for the fourth quarter of and an accrued expense payable each rulemaking, by requiring institutions to 2009. If the prepaid assessment is not quarter for its regular assessment prepay their regular risk-based exhausted by December 30, 2014, any payment, which would be paid in assessments for the fourth quarter of remaining amount would be returned to arrears at the end of the following 2009, and for all of 2010, 2011, and the institution. quarter. If the prepaid assessment is not 2012. The FDIC is relying on its section exhausted by December 30, 2014, any 7 authorities set forth above. C. Accounting and Risk-Weight for Prepaid Assessments remaining amount would be returned to III. Proposed Prepaid Assessments the institution. 1. Accounting for Prepaid Assessments A. Calculation of Prepaid Assessment 2. Risk Weighting of Prepaid Amounts Each institution would record the Assessments entire amount of its prepaid assessment For purposes of calculating an The federal banking agencies’ risk- as a prepaid expense (asset) as of 9 institution’s prepaid amount, for the December 30, 2009. Notwithstanding based capital rules permit an fourth quarter of 2009 and for all of the prepaid assessment, each institution institution to apply a zero percent risk 2010, that institution’s assessment rate would have to record the estimated weight to claims on U.S. Government would be its total base assessment rate expense for its regular risk-based agencies. The FDIC believes the prepaid 5 in effect on September 30, 2009. That assessment each calendar quarter. assessment would qualify for a zero risk rate would be increased by 3 basis However, the offsetting entry to the weight. points for all of 2011 and 2012. Again expense for a particular quarter would Upon further consideration, for the for purposes of calculating the prepaid depend on the method of payment for same reasons, the FDIC believes that amount, an institution’s third quarter that quarter’s expense. Therefore, as of Temporary Liquidity Guarantee Program 2009 assessment base would be September 30, 2009, each institution (TLGP) nondeposit debt obligations increased quarterly at an estimated 5 should have accrued an expense (a should also receive a zero percent risk percent annual growth rate through the weight consistent with the risk weight end of 2012. Changes to data underlying 6 Thus, for purposes of calculating the prepaid proposed for prepaid assessment assets. an institution’s September 30, 2009, assessment, the FDIC would take into account When the FDIC determined that a assessment rate or assessment base mergers and consolidations that are recorded in the depository institution may apply a 20 received by the FDIC after December 24, FDIC’s computer systems as of December 24, 2009. percent risk weight to debt covered by If a merger is recorded by this date, the e 2009, would not affect an institution’s assessment for the acquired institution would be the TLGP, the determination referenced paid by the acquirer at the acquirer’s rate. the 20 percent risk weight that has 4 74 FR 25639 (May 29, 2009). 7 An institution’s failure to file its third quarter traditionally been applied to assets 5 An institution’s risk-based assessment rate may of 2009 report of condition would not exempt it covered by the FDIC’s deposit change during a quarter when a new CAMELS from the requirement to prepay under this insurance. Insofar as insured deposits rating is transmitted, or a new long-term debt-issuer rulemaking. rating is assigned. 12 CFR 327.4(f). For purposes of 8 The amount and calculation of each insured are fully backed by the full faith and calculating an institution’s prepaid assessment, the depository institution’s prepaid assessment would FDIC will use the institution’s CAMELS ratings and, be included on its quarterly certified statement 9 12 CFR Part 3, Appendix A (OCC); 12 CFR Parts where applicable, long-term debt-issuer ratings, and invoice for the third quarter of 2009, which is made 208 and 225, Appendix A (Federal Reserve Board); the resulting assessment rate in effect on September available on FDICconnect no later than 15 days 12 CFR Part 325, Appendix A (FDIC); and 12 CFR 30, 2009. prior to the December 30, 2009, payment date. Part 567, Appendix C (OTS).

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credit of the United States government an exemption from all or part of the transfer of the one-time assessment and no insured depositor has ever or prepayment requirement if the credit provided by the Federal Deposit will ever take a loss, the FDIC will also prepayment would significantly impair Insurance Reform Act of 2005, Public review reducing the risk weight on the institution’s liquidity, or would Law 109–171, 120 Stat. 9, and insured deposits to zero percent otherwise create significant hardship. implemented by regulation. See 12 CFR consistent with the treatment of other The FDIC would consider exemption 327.34(c). government backed obligations. The requests on a case-by-case basis and In the event that an insured FDIC requests commenters to provide expects that only a few would be depository institution merged with, or their views on the appropriateness of a necessary. Based on currently available consolidated into, another insured different risk weight and the effect that data, the FDIC does not expect the depository institution, the surviving or any change would have on risk- number of exemptions to significantly resulting institution would be entitled weighted assets. affect the amount of prepaid to use any unused portion of the assessments that the FDIC would disappearing institution’s prepaid D. Restrictions on Use of Prepaid receive. assessment not otherwise transferred.12 Assessments Written applications for exemption G. Disposition in the Event of Failure or from the prepayment obligation would Under the proposal, prepaid Termination of Insured Status assessments could only be used to offset be submitted to the Director of the regular quarterly risk-based deposit Division of Supervision and Consumer In the event that an insured insurance assessments. For example, Protection on or before December 1, depository institution’s insured status prepaid assessments could not be used 2009, by fax or electronic mail.11 In terminates, any amount of its prepaid for the following: order for an application to be accepted assessment remaining (other than any • To offset FICO assessments (which and considered by the FDIC, the amounts needed to satisfy assessment are governed by section 21(f) of the application must contain a full obligations not yet offset against the Federal Home Loan Bank Act, 12 U.S.C. explanation of the need for the prepaid amount) would be refunded to 1441(f)); exemption and include supporting the institution. In the event of failure of • To offset any future special documentation, such as current an insured depository institution, any assessments under FDI Act section financial statements and cash flow amount of its prepaid assessment 7(b)(5); projections, a description of remaining (other than any amounts • To offset any future systemic risk management’s plans to correct the needed to satisfy assessment obligations assessments under FDI Act section circumstances that caused the inability not yet offset against the prepaid 13(c)(4)(G)(ii); to pay the assessment, and any other amount) would be refunded to the • To offset Temporary Liquidity relevant information that the FDIC institution’s receiver.13 Guarantee Program assessments under deems appropriate. IV. Alternatives 12 C.F.R. 370; The FDIC would notify any insured • To pay assessments for quarters depository institution that has made A. Description of Alternatives prior to the fourth quarter of 2009; such a request by December 24, 2009, of The FDIC has considered other • To pay civil money penalties; or the FDIC’s determination whether the alternative potential funding sources for • To offset interest owed to the FDIC institution is eligible for exemption purposes of restoring liquidity to the for underpayment of assessments for from the prepaid assessment. DIF. These alternatives include assessment periods prior to the fourth Determinations of eligibility for imposing additional special assessments quarter of 2009. exemption made by the FDIC would be or borrowing from Treasury or the The FDIC would apply an final and not subject to further agency FFB.14 15 These alternatives are set forth institution’s remaining one-time review. in some detail below. assessment credits under Part 327 F. Transfer of Prepaid Assessments 1. Imposing Additional Special subpart B before applying its prepaid Assessments assessment to its quarterly deposit An insured depository institution insurance assessments.10 would be permitted to transfer any The FDIC could meet its upcoming portion of its prepaid assessment to liquidity needs by imposing additional E. Exemptions for Certain Insured another insured depository institution, special assessments. To acquire enough Depository Institutions provided that the institutions notify the cash to meet future liquidity needs, Under the proposed rule, the FDIC FDIC’s Division of Finance and submit special assessments would be required would exercise its discretion as a written agreement signed by the legal in a much greater amount than the two supervisor and insurer to exempt an representatives of both institutions. In special assessments provided for in the institution from the prepayment their submission to the FDIC, the requirement if the FDIC determines that institutions must include 12 As noted above, the parties to a transfer the prepayment would adversely affect documentation that each representative agreement must provide notice to the FDIC. 13 the safety and soundness of the has the legal authority to bind the See 12 CFR 327.6 (2009). 14 The FDIC’s borrowings under 12 U.S.C. 1824 institution. The FDIC would consult institution. Adjustments to the are subject to the maximum obligation limit set with the institution’s primary federal institutions’ prepaid assessments would forth in section 15(c)(5), 12 U.S.C. 1825(c)(5). regulator in making this determination, be made by the FDIC on the next 15 The FDIC also has the authority to borrow from but would retain the ultimate authority assessment invoice that is made insured depository institutions under section 14(d) of the FDI Act and from Federal Home Loan Banks to exercise such discretion. The FDIC available via FDICconnect at least 10 under Section 14(e) of the FDI Act. 12 U.S.C. would notify any affected institution of days after the FDIC receives the written 1824(d) and (e). However, prepaying assessments its exemption by December 24, 2009. agreement. This aspect of the proposal would be simpler than borrowing from these In addition, an insured depository is similar to the procedural sources because the assessment system already exists and requires only minor modifications to institution could apply to the FDIC for requirements associated with the accommodate prepayment of assessments. Furthermore, borrowing from the industry would be 10 One-time assessment credits would not reduce 11 The fax number and electronic mail address voluntary and would not ensure that the DIF an institution’s prepaid assessment. will be provided in the final rule. collects enough cash to fund future failures.

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May 2009 final rule. Any special depository institutions’ current lending over a different period or in assessment would require insured activities. installments? depository institutions to expense Requiring that institutions prepay 6. Should the FDIC’s Amended immediately the amount of the assessments is also preferable to Restoration Plan incorporate a provision assessment at the time imposed. The borrowing from the U.S. Treasury or the requiring a special assessment or a FDIC specifically seeks comment as to FFB. Prepayment of assessments temporarily higher assessment rate whether it should impose additional ensures that the deposit insurance schedule that brings the reserve ratio special assessments in lieu of system remains directly industry- back to a positive level within a mandatory prepaid assessments. funded. Additionally, unlike borrowing specified time frame (one year or less) from the Treasury or the FFB, requiring from January 1, 2011, when the FDIC 2. Borrowing From Treasury prepaid assessments would not count projects industry earnings will have Under section 14(a) of the FDI Act, toward the public debt limit. recovered? the FDIC may borrow up to $100 billion Furthermore, collecting prepaid VI. Effective Date from the Treasury Department, subject assessments would be the least costly The FDIC proposes that a final rule to approval by the Secretary of the option to the Fund for raising liquidity, following this proposed rule would Treasury. The statute also provides for as there would be no interest costs. become effective immediately upon a temporary increase in borrowing The FDIC has carefully weighed the adoption. authority for up to $500 billion, which available options in reaching this expires December 31, 2010. 12 U.S.C. proposal to require prepaid assessments. VII. Regulatory Analysis and Procedure 1824(a). This temporary authority It is the FDIC’s view that the proposal A. Solicitation of Comments on Use of would require the concurrence of the reflects an appropriate balancing of the Plain Language FDIC’s Board, the Federal Reserve goal of keeping the DIF directly Board, and the Secretary of the Treasury industry-funded, while recognizing the Section 722 of the Gramm-Leach- in consultation with the President. near-term continued weakness in Bliley Act, Public Law 106–102, 113 Regardless of the amount actually overall earnings and capital of insured Stat. 1338, 1471 (Nov. 12, 1999), borrowed under section 14(a), the depository institutions. Nonetheless, the requires the federal banking agencies to industry must repay such borrowings FDIC seeks comments as to whether it use plain language in all proposed and through assessments (possibly including is striking the appropriate balance or final rules published after January 1, special assessments) pursuant to a whether it should reconsider some of 2000. The FDIC invites your comments repayment schedule agreed to by the the alternatives. on how to make this proposal easier to Secretary and the FDIC after understand. For example: V. Request for Comments • consultation with the Financial Services Has the FDIC organized the material The FDIC seeks comment on every Committee of the House of to suit your needs? If not, how could aspect of this proposed rulemaking. In Representatives and the Committee on this material be better organized? particular, the FDIC seeks comment on • Banking, Housing and Urban Affairs of Are the requirements in the the issues set out below, including the the Senate. proposed regulation clearly stated? If reasoning for their positions. not, how could the regulation be more 3. Borrowing From the Federal 1. As an alternative to prepaid clearly stated? Financing Bank assessments, should the FDIC meet its • Does the proposed regulation liquidity needs by imposing one or more contain language or jargon that is not Section 14(b) of the FDI Act permits special assessments? clear? If so, which language requires the FDIC to obtain financing from the 2. Should the FDIC pursue one or clarification? FFB. 12 U.S.C. 1824(b). Lending more of the other alternatives to the • Would a different format (grouping documents in place between the FDIC prepaid assessments, such as borrowing and order of sections, use of headings, and the FFB have a current stated limit from Treasury or the FFB? paragraphing) make the regulation of $100 billion and do not allow the 3. Should prepaying assessments be easier to understand? If so, what FDIC to borrow until the FDIC’s cash voluntary rather than mandatory as changes to the format would make the balance is below $500 million. The currently contemplated, and, if so, how regulation easier to understand? industry also must repay such would the FDIC ensure that it receives • What else could the FDIC do to borrowings through assessments sufficient cash to fund resolutions of make the regulation easier to (possibly including special failed insured depository institutions? understand? assessments). (If prepayment of assessments were B. Regulatory Flexibility Act B. Advantages of FDIC Proposal optional, the FDIC believes that it would affect the accounting treatment as a The Regulatory Flexibility Act (RFA) The FDIC is proposing prepaid prepaid expense.) requires that each federal agency either assessments as a means of collecting 4. For purposes of calculating the certify that a proposed rule would not, enough cash to meet upcoming liquidity prepaid assessment, should the FDIC if adopted in final form, have a needs to fund future resolutions. The estimate the growth in the assessment significant economic impact on a FDIC believes that this proposal has base at a rate other than 5 percent for substantial number of small entities or significant advantages compared to 2009, 2010, 2011 and 2012? Should the prepare an initial regulatory flexibility additional or higher special FDIC use different assessment rate analysis of the proposal and publish the assessments. Additional or higher assumptions than those proposed? analysis for comment.16 Certain types of special assessments could severely 5. As proposed, the FDIC would rules, such as rules of particular reduce industry earnings and capital require prepayment of estimated applicability relating to rates or when the industry is under stress. In assessments for the fourth quarter of corporate or financial structures, or addition, the FDIC believes that most of 2009 and for all of 2010, 2011 and 2012 practices relating to such rates or the prepaid assessment would be drawn based on its current liquidity needs structures, are expressly excluded from from available cash and excess reserves, projections. Should the FDIC require which should not significantly affect prepayment of estimated assessments 16 See 5 U.S.C. 603, 604 and 605.

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the definition of ‘‘rule’’ for purposes of PART 327—ASSESSMENTS (4) Prepaid assessment rates for the RFA.17 The proposed rule relates mergers and consolidations. For mergers directly to the rates imposed on insured 1. The authority citation for part 327 and consolidations recorded in the depository institutions for deposit continues to read as follows: FDIC’s computer systems no later than insurance. Nonetheless, the FDIC is Authority: 12 U.S.C. 1441, 1813, 1815, December 24, 2009, the assessment rate voluntarily undertaking an initial 1817–1819, 1821; Sec. 2101–2109, Public used to determine an acquired regulatory flexibility analysis of the Law 109–171, 120 Stat. 9–21, and Sec. 3, institution’s prepaid assessment under proposal and seeking comment on it. Public Law 109–173, 119 Stat. 3605. paragraphs (b)(1) and (2) of this section As of June 30, 2009, of the 8195 2. In part 327 add new § 327.12 to shall be the assessment rate of the insured commercial banks and savings Subpart A to read as follows: acquiring institution. institutions, there were 4597 small (c) Invoicing of prepaid assessment. insured depository institutions as that § 327.12 Prepayment of quarterly risk- The FDIC shall advise each insured term is defined for purposes of the RFA based assessments. depository institution of the amount and (i.e., those with $175 million or less in (a) Prepaid assessment. On December calculation of its prepaid assessment assets).18 30, 2009, each insured depository amount at the same time the FDIC The proposal has no significant effect institution shall prepay to the FDIC a provides the institution’s quarterly on capital and earnings, although there prepaid assessment, which shall equal certified statement invoice for the third could be a small loss of interest earned its estimated quarterly risk-based quarter of 2009. However, the amount by some small institutions. In addition, assessments aggregated for the fourth will be updated through December 24, the proposal could affect the liquidity of quarter of 2009, and all of 2010, 2011, 2009, based upon any changes to data in insured depository institutions, and 2012 (the ‘‘prepayment period’’). the FDIC’s computer systems used to including small institutions. However, (b) Calculation of prepaid calculate an institution’s September 30, for 95.8 percent of small institutions, assessment—(1) Prepaid assessment. 2009, assessment rate and assessment the prepayment would be less than 25 (i) An institution’s estimated prepaid base. Changes to data underlying an percent of their cash and cash assessment for the fourth quarter of institution’s prepaid assessment rate or equivalent assets. Moreover, the 2009 and for all of 2010 shall be base received by the FDIC after proposal includes a mechanism for determined by multiplying its total base December 24, 2009, shall not affect an exempting those institutions that cannot assessment rate for the third quarter of institution’s prepayment amount. prepay their assessments without posing 2009, calculated using the institution’s (d) Payment of prepaid assessment. safety and soundness concerns or CAMELS rating and, where applicable, Each insured depository institution imposing undue hardship. Finally, the long-term debt issuer rating(s), in effect shall pay to the Corporation the amount effect on liquidity is further mitigated on September 30, 2009, times the of its prepaid assessment as provided by the institutions’ ability to transfer corresponding assessment base for each under paragraph (a) of this section in their prepaid assessments. The FDIC quarter, determined pursuant to compliance with and subject to the invites comment on this analysis. paragraph (b)(2) of this section. provisions of §§ 327.3 and 327.7 of (ii) An institution’s estimated prepaid subpart A. The FDIC will not apply an C. Paperwork Reduction Act assessment for all of 2011 and 2012 institution’s one-time assessment credit No collections of information shall be determined by multiplying the under subpart B of this part 327 to pursuant to the Paperwork Reduction sum of its total base assessment rate for reduce that institution’s prepaid Act (44 U.S.C. 3501 et seq.) are the third quarter of 2009, calculated assessment. contained in the proposed rule. using the institution’s CAMELS rating (e) Use of prepaid assessments. D. The Treasury and General and, where applicable, long-term debt Prepaid assessments shall only be used Government Appropriations Act, 1999— issuer rating(s), in effect on September to offset regular quarterly risk-based Assessment of Federal Regulations and 30, 2009, plus 3 basis points, times the deposit insurance assessments payable Policies on Families corresponding assessment base for each under this subpart A. The FDIC will quarter, determined pursuant to begin offsetting regular quarterly risk- The FDIC has determined that the paragraph (b)(2) of this section. based deposit insurance assessments proposed rule will not affect family (2) Prepaid assessment base. For each against prepaid assessments on March well-being within the meaning of quarter of the prepayment period, an 30, 2010. The FDIC will continue to section 654 of the Treasury and General institution’s prepaid assessment base make such offsets until the earlier of the Government Appropriations Act, shall be calculated by increasing its exhaustion of the institution’s prepaid enacted as part of the Omnibus third quarter 2009 assessment base at an assessment or December 30, 2014. Any Consolidated and Emergency annual rate of 5 percent. prepaid assessment remaining after Supplemental Appropriations Act of (3) Finality of prepaid assessment December 30, 2014, shall be promptly 1999 (Public Law 105–277, 112 Stat. amount. Changes to data underlying an returned to the institution. The FDIC 2681). institution’s prepaid assessment rate or will apply an institution’s remaining List of Subjects in 12 CFR Part 327 base received by the FDIC after one-time assessment credits under Part December 24, 2009, shall not affect an 327 subpart B to its quarterly deposit Bank deposit insurance, Banks, institution’s prepayment amount.. The insurance assessments before applying Banking, Savings associations. September 30, 2009 assessment rate and its prepaid assessments. For the reasons set forth in the assessment base used in paragraphs (f) Transfers. An insured depository preamble, the FDIC proposes to amend (b)(1) and (2) of this section shall be institution may enter into an agreement chapter III of title 12 of the Code of determined based upon data in the to transfer any portion of that Federal Regulations as follows: FDIC’s computer systems as of institution’s prepaid assessment to December 24, 2009. Changes to another insured depository institution, 17 5 U.S.C. 601. underlying data after that date, whether provided that the parties to the 18 Throughout this section (unlike the rest of the notice of proposed rulemaking), a ‘‘small by amendment to a report of condition agreement notify the FDIC’s Division of institution’’ refers to an institution with assets of or otherwise, shall not affect the amount Finance and submit a written $175 million or less. of an institution’s prepaid assessment. agreement, signed by legal

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representatives of both institutions. The section if the FDIC determines that the for the exemption and include parties must include documentation prepayment would adversely affect the supporting documentation, such as stating that each representative has the safety and soundness of that institution. current financial statements and cash legal authority to bind the institution. No application is required for this flow projections, a description of The adjustment to the amount of the review and the FDIC will notify any management’s plans to correct the prepaid assessment will be made in the affected institutions of its exemption by circumstances that caused the inability next assessment invoice that is sent at December 24, 2009. to pay the assessment, and any other least 10 days after the FDIC’s receipt of (2) Application for exemptions. An relevant information, including any the written agreement. In the event that institution may also apply to the FDIC information the FDIC may request. The an insured depository institution merges for an exemption from all or part of the FDIC will notify the insured depository with, or consolidates into, another prepayment requirement under institution of its determination by insured depository institution, the paragraph (a) of this section if the December 24, 2009; that determination surviving or resulting institution will be prepayment would significantly impair will be final and not subject to further entitled to use any unused portion of the institution’s liquidity, or would agency review. the acquired institution’s prepaid otherwise create significant hardship. By order of the Board of Directors. assessment not otherwise transferred. Written applications for exemption from Dated at Washington, DC, this 29th of (g) Exemptions—(1) Exemption the prepayment obligation must be September, 2009. without application. The FDIC, after submitted to the Director of the Division Federal Deposit Insurance Corporation. consultation with the primary Federal of Supervision and Consumer Protection regulator, will exercise its discretion as on or before December 1, 2009, by fax Robert E. Feldman, supervisor and insurer to exempt an ((202) XXX–XXXX) or electronic mail Executive Secretary. institution from the prepayment (XXX@XXX). The application must [FR Doc. E9–23803 Filed 9–30–09; 11:15 am] requirement under paragraph (a) of this contain a full explanation of the need BILLING CODE 6714–01–P

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Reader Aids Federal Register Vol. 74, No. 190 Friday, October 2, 2009

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER Federal Register/Code of Federal Regulations General Information, indexes and other finding 202–741–6000 At the end of each month, the Office of the Federal Register aids publishes separately a List of CFR Sections Affected (LSA), which Laws 741–6000 lists parts and sections affected by documents published since the revision date of each title. 602...... 50705 Presidential Documents 3 CFR Proposed Rules: Executive orders and proclamations 741–6000 1...... 50758 The United States Government Manual 741–6000 Proclamations: 8424...... 50671 Other Services 29 CFR Executive Orders: Electronic and on-line services (voice) 741–6020 13511...... 50909 Proposed Rules: Privacy Act Compilation 741–6064 13512...... 50911 501...... 50929 780...... 50929 Public Laws Update Service (numbers, dates, etc.) 741–6043 Administrative Orders: 788...... 50929 TTY for the deaf-and-hard-of-hearing 741–6086 Presidential Determinations: 33 CFR ELECTRONIC RESEARCH No. 2009-31 of September 29, 117...... 50706 World Wide Web 2009 ...... 50913 165...... 50706, 50922 Full text of the daily Federal Register, CFR and other publications is located at: http://www.gpoaccess.gov/nara/index.html 5 CFR 36 CFR Federal Register information and research tools, including Public 2411...... 50673 Ch. XII...... 51004 Inspection List, indexes, and links to GPO Access are located at: 6 CFR http://www.archives.gov/federallregister 39 CFR 5...... 50902 E-mail 3020...... 50708 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 7 CFR an open e-mail service that provides subscribers with a digital 354...... 50915 40 CFR form of the Federal Register Table of Contents. The digital form 981...... 50681 Proposed Rules: of the Federal Register Table of Contents includes HTML and 1209...... 50915 52...... 50930, 50936 PDF links to the full text of each document. 55...... 50939 9 CFR To join or leave, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list Proposed Rules: 42 CFR (or change settings); then follow the instructions. 2...... 50738 412...... 50712 PENS (Public Law Electronic Notification Service) is an e-mail 12 CFR service that notifies subscribers of recently enacted laws. 46 CFR Proposed Rules: To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 327...... 51062, 51063 501...... 50713 and select Join or leave the list (or change settings); then follow 985...... 50926 502...... 50713 the instructions. 989...... 50926 503...... 50713 504...... 50713 FEDREGTOC-L and PENS are mailing lists only. We cannot 1273...... 50926 506...... 50713 respond to specific inquiries. 1274...... 50926 508...... 50713 Reference questions. Send questions and comments about the 14 CFR 515...... 50713 Federal Register system to: [email protected] 39 ...... 50683, 50686, 50688, 520...... 50713 The Federal Register staff cannot interpret specific documents or 50690, 50692 525...... 50713 regulations. 95...... 50920 530...... 50713 97...... 50696, 50698 531...... 50713 Reminders. Effective January 1, 2009, the Reminders, including 535...... 50713 Rules Going Into Effect and Comments Due Next Week, no longer Proposed Rules: 540...... 50713 25...... 50926 appear in the Reader Aids section of the Federal Register. This 545...... 50713 71...... 50928 information can be found online at http://www.regulations.gov. 550...... 50713 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 15 CFR 551...... 50713 longer appears in the Federal Register. This information can be 555...... 50713 found online at http://bookstore.gpo.gov/. 902...... 50699 560...... 50713 Proposed Rules: 565...... 50713 922...... 50740 FEDERAL REGISTER PAGES AND DATE, OCTOBER 20 CFR 47 CFR 50671–50910...... 1 73...... 50735 50911–51068...... 2 Proposed Rules: 655...... 50929 50 CFR 21 CFR 32...... 50736 Proposed Rules: 622...... 50699 4...... 50744 679...... 50737 Proposed Rules: 26 CFR 648...... 50759 1...... 50705 665...... 50944

VerDate Nov 24 2008 19:27 Oct 01, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\02OCCU.LOC 02OCCU hsrobinson on DSK69SOYB1PROD with PROPOSALS5 ii Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Reader Aids

Superintendent of Documents, H.R. 3614/P.L. 111–66 U.S. Government Printing LIST OF PUBLIC LAWS Office, Washington, DC 20402 To provide for an additional Public Laws Electronic (phone, 202–512–1808). The temporary extension of Notification Service This is a continuing list of text will also be made programs under the Small (PENS) public bills from the current available on the Internet from Business Act and the Small session of Congress which GPO Access at http:// Business Investment Act of have become Federal laws. It PENS is a free electronic mail www.gpoaccess.gov/plaws/ 1958, and for other purposes. may be used in conjunction index.html. Some laws may notification service of newly (Sept. 30, 2009; 123 Stat. with ‘‘P L U S’’ (Public Laws not yet be available. enacted public laws. To Update Service) on 202–741– 2005) subscribe, go to http:// 6043. This list is also H.R. 1243/P.L. 111–65 listserv.gsa.gov/archives/ available online at http:// S. 1677/P.L. 111–67 publaws-l.html www.archives.gov/federal- To provide for the award of a register/laws.html. gold medal on behalf of Defense Production Act Note: This service is strictly Congress to Arnold Palmer in Reauthorization of 2009 (Sept. for E-mail notification of new The text of laws is not recognition of his service to 30, 2009; 123 Stat. 2006) laws. The text of laws is not published in the Federal the Nation in promoting available through this service. Register but may be ordered excellence and good Last List September 22, 2009 PENS cannot respond to in ‘‘slip law’’ (individual sportsmanship in golf. (Sept. specific inquiries sent to this pamphlet) form from the 30, 2009; 123 Stat. 2003) address.

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