11–10–09 Tuesday Vol. 74 No. 216 Nov. 10, 2009
Pages 57883–58188
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Contents Federal Register Vol. 74, No. 216
Tuesday, November 10, 2009
Agriculture Department Education Department See Forest Service NOTICES See Grain Inspection, Packers and Stockyards Applications: Administration International Research and Studies (IRS) Program, New See Natural Resources Conservation Service Awards (Fiscal Year 2010), 58005–58009 See Rural Housing Service Meetings: National Assessment Governing Board, 58009–58010 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Employment and Training Administration NOTICES Centers for Disease Control and Prevention Amended Certification Regarding Eligibility To Apply For NOTICES Worker Adjustment Assistance and Alternative Trade Meetings: Adjustment Assistance: Disease, Disability, and Injury Prevention and Control HDM Furniture Industries, Inc., 5848–58051 Special Emphasis Panel; Teleconference, 58025 HDM/Henredon Morganton Operations, 58050 Lane Furniture Industries, 58051–58052 Centers for Medicare & Medicaid Services Lane Furniture Industries, Inc., 58048–58049, 58051– RULES 58052 Medicare Program: Maitland–Smith Furniture Industries, Inc., 58049 Home Health Prospective Payment System Rate Update Thomasville Furniture Industries, Inc., 58050 (for Calendar Year 2010), 58078–58183 Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance: Civil Rights Commission Maine Woods Co., 58052–58053 NOTICES Sychip, Inc., 58052 Meetings: Weyerhaeuser NR Co., et al., 58053 Missouri Advisory Committee, 57992 Investigations Regarding Certifications of Eligibility to Apply for Worker Adjustment Assistance, 58053–58056 Coast Guard RULES Drawbridge Operation Regulations: Energy Department Lower Grand River, Iberville Parish, LA, 57884–57886 See Federal Energy Regulatory Commission Victoria Barge Canal, Bloomington, TX, 57884 Regulated Navigation Area: Environmental Protection Agency East Rockaway Inlet to Atlantic Beach Bridge, Nassau RULES County, Long Island, NY, 57886–57888 Approval and Promulgation of Air Quality Implementation Safety Zones: Plans: Sea World December Fireworks, Mission Bay, San Diego, Indiana, 57904–57907 CA, 57888–57890 California State Implementation Plan: PROPOSED RULES San Joaquin Valley Unified Air Pollution Control District Drawbridge Operation Regulations: and South Coast Air Quality Management District; Lower Grand River, Iberville Parish, LA, 57975–57978 Revision, 57907–57908 NOTICES Expedited Approval of Alternative Test Procedures for the Agency Information Collection Activities; Proposals, Analysis of Contaminants Under the Safe Drinking Submissions, and Approvals, 58038–58042 Water Act: Analysis and Sampling Procedures, 57908–57918 Commerce Department PROPOSED RULES See Foreign–Trade Zones Board Approval and Promulgation of Air Quality Implementation See Industry and Security Bureau Plans: See International Trade Administration Indiana, 57978 See National Oceanic and Atmospheric Administration Approval and Promulgation of Implementation Plans: See Patent and Trademark Office Alabama, 57978–57979 NOTICES Comptroller of the Currency Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 58012–58013 Correspondent Concentration Risks: Reopening of Comment Draft Toxicological Review of cis– and trans–1,2– Period, 58017–58018 Dichloroethylene: In Support of the Summary Information in the Integrated Defense Department Risk Information System, 58014–58015 NOTICES Draft Toxicological Review of Hydrogen Cyanide and Meetings: Cyanide Salts: Defense Intelligence Agency National Defense In Support of the Summary Information on the Integrated Intelligence College Board of Visitors (Closed), 58005 Risk Information System, 58015
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Draft Toxicological Review of Trichloroacetic Acid: Federal Transit Administration In Support of the Summary Information in the Integrated PROPOSED RULES Risk Information System, 58015–58016 Capital Project Management, 57986–57987
Executive Office of the President Fish and Wildlife Service See Presidential Documents PROPOSED RULES Endangered and Threatened Wildlife and Plants: Federal Aviation Administration Five Foreign Bird Species in Colombia and Ecuador, NOTICES South America, 57987–57988 Meetings: RTCA Program Management Committee, 58071 Food and Drug Administration PROPOSED RULES Federal Communications Commission Current Good Manufacturing Practice Requirements for PROPOSED RULES Combination Products; Extension of Comment Period, High-Cost Universal Service Support, 57982–57986 57973–57974 NOTICES Federal Deposit Insurance Corporation International Conference on Harmonisation: NOTICES Draft Guidance on E7 Studies in Support of Special Correspondent Concentration Risks: Reopening of Comment Populations; Geriatrics; Questions and Answers; Period, 58017–58018 Availability, 58024–58025 Meetings; Sunshine Act, 58018 Memorandum of Understanding: Food and Drug Administration and the National Oceanic Federal Election Commission and Atmospheric Administration, 58027–58036 NOTICES Meetings; Sunshine Act, 58018 Foreign–Trade Zones Board NOTICES Federal Emergency Management Agency Applications: RULES Foreign Trade Zone 121; Albany, NY, 58002–58003 Changes in Flood Elevation Determinations, 57921–57923 Final Flood Elevation Determinations, 57923–57949 Forest Service PROPOSED RULES NOTICES Proposed Flood Elevation Determinations: Meetings: Correction, 57979–57982 Eastern Washington Cascades Provincial Advisory NOTICES Committee and the Yakima Provincial Advisory Emergency and Related Determinations: Committee, 57991 Puerto Rico, 58042 Idaho Panhandle Resource Advisory Committee, 57991 Federal Energy Regulatory Commission Grain Inspection, Packers and Stockyards Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, USDA Grain Inspection Advisory Committee; Solicitation of Submissions, and Approvals, 58010–58011 Nominations for Members, 57991–57992 Combined Notice of Filings, 58011–58012 Technical Conference: Health and Human Services Department Small Hydropower Development in the United States, See Centers for Disease Control and Prevention 58012 See Centers for Medicare & Medicaid Services See Food and Drug Administration Federal Highway Administration See National Institutes of Health NOTICES NOTICES Final Federal Agency Actions on Proposed Highway: Interest Rate on Overdue Debts, 58023 California, 58069–58071 Meetings: HIT Standards Committee, 58023 Federal Reserve System National Committee on Vital and Health Statistics, NOTICES 58023–58024 Correspondent Concentration Risks: Reopening of Comment Period, 58017–58018 Homeland Security Department Formations of, Acquisitions by, and Mergers of Bank See Coast Guard Holding Companies, 58018–58019 See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Federal Retirement Thrift Investment Board See U.S. Customs and Border Protection NOTICES NOTICES Meetings; Sunshine Act, 58019 Meetings: Homeland Security Advisory Council, 58036 Federal Trade Commission PROPOSED RULES Industry and Security Bureau Appliance Labeling Rule, 57950–57970 NOTICES NOTICES Impact of Implementation of the Chemical Weapons Analysis of Agreement Containing Consent Order to Aid Convention on Commercial Activities Involving Public Comment: ‘‘Schedule 1’’ Chemicals through Calendar Year 2009, Schering–Plough and Merck and Co., Inc., 58019–58022 58003–58005
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Interior Department NOTICES See Fish and Wildlife Service Meetings: See Land Management Bureau Center for Scientific Review, 58026–58027 See National Park Service National Institute of General Medical Sciences, 58025 See Surface Mining Reclamation and Enforcement Office National Institute of Mental Health Special Emphasis Panel, 58025–58026 Internal Revenue Service National Institute on Drug Abuse, 58026 NOTICES Scientific Management Review Board, 58025 Advisory Group to the Commissioner of Internal Revenue; Renewal of Charter, 58074–58075 National Oceanic and Atmospheric Administration RULES International Trade Administration Fisheries of the Exclusive Economic Zone Off Alaska: NOTICES Pacific Cod in the Central Regulatory Area of the Gulf of Antidumping: Alaska, 57949 Activated Carbon from People’s Republic of China, NOTICES 57995–57999 Agency Information Collection Activities; Proposals, Cut-to-Length Carbon Steel Plate from People’s Republic Submissions, and Approvals, 57992–57993 of China, etc., 57994–57995 New Pneumatic Off-the-Road Tires from People’s Republic of China, 57999–58001 National Park Service Polyethylene Terephthalate Film, Sheet, and Strip from NOTICES Republic of Korea, 57993–57994 National Register of Historic Places: Application(s) for Duty-Free Entry of Scientific Instruments, Notification of Pending Nominations and Related 58001–58002 Actions, 58045–58046
Justice Department Natural Resources Conservation Service NOTICES NOTICES Consent Decree: Environmental Impact Statements; Availability, etc.: United States v. Alabama Plating Co., et al., 58047 Buckeye Flood Retarding Structure No. 1 Supplemental United States v. Lennar Communities Development, Inc., Watershed Plan, Maricopa County, AZ, 57991 58047–58048 United States v. Township of Brick, NJ, 58046–58047 Nuclear Regulatory Commission NOTICES Labor Department Applications and Amendments to Facility Operating See Employment and Training Administration Licenses, etc., 58058–58063 See Occupational Safety and Health Administration Environmental Impact Statements; Availability, etc.: Land Management Bureau Indiana Michigan Power Co.; Donald C. Cook Nuclear NOTICES Plant, 58063–58064 Environmental Impact Statements; Availability, etc.: Meetings: Ivanpah Solar Electric Generation System; California Advisory Committee on Reactor Safeguards; Desert Conservation Area Plan Amendment, 58043– Subcommittee on Regulatory Policy and Practices, 58044 58064 Meetings: Advisory Committee on Reactor Safeguards; Wild Horse and Burro Advisory Board, 58044–58045 Subcommittee on Planning and Procedures, 58064 Meetings; Sunshine Act, 58065 Marine Mammal Commission Proposed Model Safety Evaluation for Plant Specific NOTICES Adoption of Technical Specification Task Force Meetings; Sunshine Act, 58056 Traveler: Clarify Application of Setpoint Methodology for LSSS National Aeronautics and Space Administration Functions, 58065–58067 NOTICES Agency Information Collection Activities; Proposals, Occupational Safety and Health Administration Submissions, and Approvals, 58056–58057 RULES Revising Standards Referenced in the Acetylene Standard, National Capital Planning Commission 57883–57884 NOTICES PROPOSED RULES Environmental Impact Statements; Availability, etc.: Combustible Dust; Stakeholder Meetings, 57974–57975 Construction of the Smithsonian National Museum of African American History and Culture, 58068–58069 Patent and Trademark Office National Foundation on the Arts and the Humanities NOTICES NOTICES Grant of Interim Extension of the Term of U.S. Patent: Meetings: MIFAMURTIDE, 58003 Humanities Panels, 58057–58058 Personnel Management Office National Institutes of Health NOTICES RULES Senior Executive Service Performance Review Board; Grants for Research Projects, 57918–57921 Appointment of Members, 58067
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Postal Service Transportation Department RULES See Federal Aviation Administration International Product and Price Changes, 57890–57899 See Federal Highway Administration Pricing and Mailing Standards Changes for Shipping See Federal Transit Administration Services, 57899–57904 See Surface Transportation Board Presidential Documents ADMINISTRATIVE ORDERS Treasury Department Weapons of mass destruction; continuation of national See Comptroller of the Currency emergency (Notice of November 10, 2008), 58185– See Internal Revenue Service 58187 See Thrift Supervision Office NOTICES Rural Housing Service Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 58073–58074 Agency Information Collection Activities; Proposals, List of Countries Requiring Cooperation with an Submissions, and Approvals, 57989–57991 International Boycott, 58074 Securities and Exchange Commission NOTICES U.S. Citizenship and Immigration Services Self-Regulatory Organizations; Proposed Rule Changes: NOTICES NYSE Arca, Inc., 58067–58068 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58037–58038 Smithsonian Institution NOTICES U.S. Customs and Border Protection Environmental Impact Statements; Availability, etc.: NOTICES Construction of the Smithsonian National Museum of Agency Information Collection Activities; Proposals, African American History and Culture, 58068–58069 Submissions, and Approvals, 58036–58037 Social Security Administration Recordation of Trade Name Sony Ericsson Mobile PROPOSED RULES Communications AB, 58042–58043 Revised Medical Criteria for Evaluating Genitourinary Impairments, 57970–57971 Revised Medical Criteria for Evaluating Impairments that Separate Parts In This Issue Affect Multiple Body Systems, 57971–57972 Revised Medical Criteria for Evaluating Skin Disorders, 57972–57973 Part II Health and Human Services Department, Centers for Surface Mining Reclamation and Enforcement Office Medicare & Medicaid Services, 58078–58183 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58043 Part III Presidential Documents, 58185–58187 Surface Transportation Board NOTICES Trackage Rights Exemption: Duluth, Missabe and Iron Range Railway Co., et al., Reader Aids 58071–58072 Consult the Reader Aids section at the end of this page for Duluth, Winnipeg and Pacific Railway Co., et al., 58072– phone numbers, online resources, finding aids, reminders, 58073 and notice of recently enacted public laws. Wisconsin Central Ltd; Duluth, et al., 58073 To subscribe to the Federal Register Table of Contents Thrift Supervision Office LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Correspondent Concentration Risks: Reopening of Comment archives, FEDREGTOC-L, Join or leave the list (or change Period, 58017–58018 settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Administrative Orders: Notices: Notice of Nov. 6, 2009 ...... 58187 16 CFR Proposed Rules: 305...... 57950 20 CFR 1910...... 57883 Proposed Rules: 404 (3 documents) ...... 57970, 57971, 57972 21 CFR Proposed Rules: 4...... 57973 29 CFR Proposed Rules: 1910...... 57974 33 CFR 117 (2 documents) ...... 57884 165 (2 documents) ...... 57886, 57888 Proposed Rules: 117...... 57975 39 CFR 20...... 57890 111...... 57899 40 CFR 52 (2 documents) ...... 57904, 57907 141...... 57908 Proposed Rules: 52 (2 documents) ...... 57978 42 CFR 52...... 57918 409...... 58078 424...... 58078 484...... 58078 44 CFR 65...... 57921 67 (3 documents) ...... 57923, 57928, 57944 Proposed Rules: 67...... 57979 47 CFR Proposed Rules: 36...... 57982 54...... 57982 49 CFR Proposed Rules: 633...... 57986 50 CFR 679...... 57949 Proposed Rules: 17...... 57987
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Rules and Regulations Federal Register Vol. 74, No. 216
Tuesday, November 10, 2009
This section of the FEDERAL REGISTER Technical information: Contact Ted single cylinders of acetylene and oxygen contains regulatory documents having general Twardowski, Directorate of Standards located at a work station (e.g., chained applicability and legal effect, most of which and Guidance, Room N–3609, OSHA, to a wall or building column or secured are keyed to and codified in the Code of U.S. Department of Labor, 200 to a cart) shall be considered ‘in Federal Regulations, which is published under Constitution Avenue, NW., Washington, service’ ’’ (see Ex. OSHA–2008–0034– 50 titles pursuant to 44 U.S.C. 1510. DC 20210; telephone: (202) 693–2070; 0020). Nevertheless, OSHA plans to The Code of Federal Regulations is sold by fax: (202) 693–1663. update the reference to CGA G–1 in a the Superintendent of Documents. Prices of Copies of this Federal Register future rulemaking as resources and new books are listed in the first FEDERAL notice. Electronic copies of this Federal priorities permit. REGISTER issue of each week. Register notice are available at http:// Another commenter complained of www.regulations.gov. This Federal the economic burden imposed by the Register notice, as well as news releases flow-rate provision of the 2003 edition DEPARTMENT OF LABOR and other relevant information, are also of CGA G–1 (Ex. OSHA–2008–0034– available at OSHA’s Web page at http:// 0021). In this regard, the 1966 edition of Occupational Safety and Health www.osha.gov. the standard (the edition cited Administration ADDRESSES: In compliance with 28 previously in 29 CFR 1910.102(a)) U.S.C. 2112(a), OSHA designates the specified a flow rate of one-seventh of 20 CFR Part 1910 Associate Solicitor of Labor for the capacity of the cylinder per hour [Docket No. OSHA–2008–0034] Occupational Safety and Health as the regardless of the duration of use, while recipient of petitions for review of the the 2003 edition reduced this flow rate RIN 1218–AC08 final standard. Contact the Associate to one-tenth of the cylinder capacity per Solicitor at the Office of the Solicitor, hour during intermittent use, and one- Revising Standards Referenced in the Room S–4004, U.S. Department of fifteenth of the cylinder capacity per Acetylene Standard Labor, 200 Constitution Avenue, NW., hour during continuous use. This Washington, DC 20210; telephone: (202) commenter stated, ‘‘As long as this flow AGENCY: Occupational Safety and Health 693–5445. rate [in the 2003 edition] remains Administration (OSHA), Department of advisory * * * this is not a problem.’’ Labor. SUPPLEMENTARY INFORMATION: On August 11, 2009, OSHA published the direct In the first footnote in the preamble of ACTION: Final rule; confirmation of final rule in the Federal Register that the direct final rule, OSHA noted that effective date. revised the Acetylene Standard for ‘‘both of these flow-rate provisions [in SUMMARY: OSHA is confirming the general industry by updating references either the 1966 or 2003 editions] are effective date of its direct final rule that to standards published by standards- advisory, not mandatory.’’ Therefore, revises the Acetylene Standard for developing organizations (see 74 FR employers may use any flow rate that general industry by updating references 40442). In that Federal Register provides employees with an appropriate to standards published by standards- document OSHA also stated that it level of safety. developing organizations. The direct would confirm the effective date of the Two commenters appeared to confuse final rule stated that it would become direct final rule, if it received no the Acetylene Standard at 29 CFR effective on November 9, 2009, unless significant adverse comments on the 1910.102, which was the subject of this OSHA received no significant adverse direct final rule. rulemaking, with OSHA’s standard comments on the direct final rule by OSHA received eight comments on regulating oxygen-fuel gas welding and September 10, 2009. OSHA received the direct final rule, which it cutting at 29 CFR 1910.253 (Exs. OSHA– eight comments on the direct final rule determined were not significant adverse 2008–0034–0002 and –0018). The first by that date, which it determined were comments. Several of these commenters commenter asked, ‘‘[W]hat are the not significant adverse comments. observed that the Compressed Gas dimension[s] of a wall that would Therefore, OSHA is confirming that the Association updated the CGA G–1 separate oxygen and acetylene tanks for direct final rule became effective on standard this year, and recommended storage in a[n industrial] shop.’’ The November 9, 2009. that OSHA adopt this new edition (Exs. second commenter noted that a OSHA–2008–0034–0017, –0010, and provision in the 2003 edition of CGA G– DATES: The direct final rule published –0022). OSHA did not include the 2009 1 requires that a regulator and flow on August 11, 2009, is effective on edition of CGA G–1 in the direct final restrictor be attached to an acetylene November 9, 2009. For the purposes of rule because that edition was not made cylinder before opening the cylinder judicial review, OSHA considers available to OSHA prior to publication valve, and asserted that this provision November 9, 2009 as the date of of the direct final rule, and, therefore, contradicted other OSHA standards issuance. was beyond the scope of this requiring that a cylinder valve be FOR FURTHER INFORMATION CONTACT: rulemaking. In its comments, the ‘‘cracked’’ before attaching a regulator to General information and press Compressed Gas Association noted that it. These comments address inquiries: Contact Jennifer Ashley, the only difference between the 2003 requirements for the use of acetylene in Director, OSHA Office of edition referenced in the direct final welding operations, which is regulated Communications, Room N–3647, U.S. rule and the recently issued 2009 for general industry under 29 CFR Department of Labor, 200 Constitution edition is the addition of one sentence 1910.253, and not the requirements for Avenue, NW., Washington, DC 20210; to a note in section 5.2 of the 2009 the generation and distribution of telephone: (202) 693–1999. edition, which reads, ‘‘Additionally, acetylene, which is regulated for general
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industry under 29 CFR 1910.102. DEPARTMENT OF HOMELAND allows the draw span of the bridge to Accordingly, practices and conditions SECURITY remain closed to navigation for 12 that apply to acetylene stored in consecutive hours between 7 a.m. and 7 cylinders and used in welding Coast Guard p.m. each day on December 1 and 2, operations may differ from the practices 2009. Navigation on the waterway and conditions appropriate to bulk 33 CFR Part 117 consists mainly of tugs with tows. Due storage of acetylene in generation and [Docket Number USCG–2009–0963] to prior experience and coordination distribution facilities. with waterway users, it has been One commenter expressed concern Drawbridge Operating Regulations; determined that this closure will not that OSHA would apply retroactively to Victoria Barge Canal, Bloomington, TX have a significant effect on these vessels. existing acetylene-generating facilities AGENCY: Coast Guard, DHS. that were compliant with the No alternate routes are available. The ACTION: Notice of temporary deviation closures are necessary for one phase of appropriate standards when originally from regulations. constructed, those sections of the NFPA an on-going maintenance project to 51A–2001 standard that address site SUMMARY: The Commander, Eighth replace the lift span motors and brakes location, design, and materials (Ex. Coast Guard District, has issued a on the bridge. The Coast Guard has OSHA–2008–0034–0019). The temporary deviation from the regulation coordinated the closures with the commenter noted that applying the governing the operation of the Union commercial users of the waterway. updated NFPA standard in this fashion Pacific Railroad (UPRR) Vertical Lift In accordance with 33 CFR 117.35(e), would require moving or demolishing Span Bridge across the Victoria Barge the drawbridge must return to its regular the facilities, or discontinuing Canal, mile 29.4 at Bloomington, operating schedule immediately at the operations. In response to this Victoria County, Texas. The deviation is end of the designated time period. This commenter, OSHA notes that section necessary to allow for one phase of an deviation from the operating regulations 1.2.2 of NFPA 51A–2001 states, ‘‘An on-going maintenance project to replace is authorized under 33 CFR 117.35. existing plant that is not in strict the lift span motors and brakes. Dated: October 28, 2009. compliance with the provisions of this DATES: This deviation is effective from David M. Frank, standard shall be permitted to continue 7 a.m. on Tuesday, December 1, 2009 Bridge Administrator. operations where such use does not until 7 p.m. on Wednesday, December 2, [FR Doc. E9–26984 Filed 11–9–09; 8:45 am] constitute a distinct hazard to life or 2009. BILLING CODE 4910–15–P adjoining property.’’ This provision ADDRESSES: Documents mentioned in indicates clearly that NFPA 51A–2001 this preamble as being available in the does not apply to acetylene plants in docket are part of docket USCG–2009– DEPARTMENT OF HOMELAND existence prior to publication of the 0963 and are available online by going SECURITY standard when the operations in these to http://www.regulations.gov, inserting plants do not endanger employees. USCG–2009–0960 in the ‘‘Keyword’’ Coast Guard Therefore, OSHA considers acetylene box and then clicking ‘‘Search.’’ They plants in existence prior to the effective are also available for inspection or 33 CFR Part 117 date of NFPA 51A–2001 (i.e., February copying at the Docket Management [Docket No. USCG–2009–0686] 9, 2001) to be in compliance with that Facility (M–30), U.S. Department of standard when the acetylene operations Transportation, West Building Ground Drawbridge Operation Regulations; in these plants do not ‘‘constitute a Floor, Room W12–140, 1200 New Jersey Lower Grand River, Iberville Parish, LA distinct hazard’’ to employees. Avenue, SE., Washington, DC 20590 between 9 a.m. and 5 p.m., Monday AGENCY: Coast Guard, DHS. List of Subjects in 29 CFR Part 1910 through Friday, except Federal holidays. ACTION: Notice of temporary deviation Acetylene, General industry, FOR FURTHER INFORMATION CONTACT: If from regulations; request for comments. you have questions on this rule, call or Occupational safety and health, Safety. SUMMARY: The Commander, Eighth e-mail Phil Johnson, Bridge Coast Guard District, has issued a Authority and Signature Administration Branch, Eighth Coast temporary deviation from the Guard District; telephone 504–671– Jordan Barab, Acting Assistant regulations governing the operation of 2128, e-mail [email protected]. Secretary of Labor for Occupational the LA 75 pontoon bridge and the LA If you have questions on viewing the Safety and Health, U.S. Department of 77 swing bridge across the Lower Grand docket, call Renee V. Wright, Program Labor, 200 Constitution Avenue, NW., River, mile 38.4 and 47.0 respectively, Washington, DC 20210, directed the Manager, Docket Operations, telephone 202–366–9826. in Iberville Parish, Louisiana. This preparation of this final rule. OSHA is deviation will test a change to both SUPPLEMENTARY INFORMATION: issuing this final rule pursuant to drawbridge’s operating schedules to The Victoria County Navigation Sections 4, 6, and 8 of the Occupational determine whether permanent changes District has requested a temporary Safety and Health Act of 1970 (29 U.S.C. to the schedules are needed. The deviation from the operating schedule of 653, 655, and 657), 5 U.S.C. 553, deviation will allow an additional 30 the UPRR Vertical Lift Span Bridge Secretary of Labor’s Order 5–2007 (72 minutes to the end of each scheduled FR 31160), and 29 CFR part 1911. across the Victoria Barge Canal, mile 29.4 at Bloomington, Texas. The vertical closure period to provide more time for Signed at Washington, DC, on November 5, lift bridge has a vertical clearance of 22 school buses to transit across the 2009. feet above high water in the closed-to- bridges. Jordan Barab, navigation position and 50 feet above DATES: This deviation is effective from Acting Assistant Secretary of Labor for high water in the open-to-navigation November 25, 2009 through December Occupational Safety and Health. position. 28, 2009. [FR Doc. E9–27004 Filed 11–9–09; 8:45 am] Presently, the bridge opens on signal Comments, requests for public BILLING CODE 4510–26–P for the passage of vessels. This deviation meetings, and related material must be
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received by the Coast Guard on or before mail your comment, it will be we determine that one would aid this January 11, 2010. considered as having been received by rulemaking, we will hold one at a time ADDRESSES: You may submit comments the Coast Guard when it is received at and place announced by a later notice identified by docket number USCG– the Docket Management Facility. We in the Federal Register. recommend that you include your name 2009–0686 using any one of the Background and Purpose following methods: and a mailing address, an e-mail (1) Federal eRulemaking Portal: address, or a phone number in the body The Iberville Parish School Board has http://www.regulations.gov. of your document so that we can contact requested a change in the operation (2) Fax: 202–493–2251. you if we have questions regarding your regulations for the LA 75 pontoon (3) Mail: Docket Management Facility submission. bridge and the LA 77 swing bridge (M–30), U.S. Department of To submit your comment online, go to across the Lower Grand River, mile 38.4 Transportation, West Building Ground http://www.regulations.gov, click on the and 47.0, respectively, in Iberville Floor, Room W12–140, 1200 New Jersey ‘‘submit a comment’’ box, which will Parish, Louisiana. The change would Avenue, SE., Washington, DC 20590– then become highlighted in blue. In the add an additional 30 minutes to the end 0001. ‘‘Keyword’’ box insert ‘‘USCG–2009– of each scheduled closure period to (4) Hand delivery: Same as mail 0686,’’ click ‘‘Search,’’ and then click on provide more time for school buses to address above, between 9 a.m. and 5 the balloon shape in the ‘‘Actions’’ transit across the bridge. Extra time is p.m., Monday through Friday, except column. If you submit your comments now needed because one of Iberville Federal holidays. The telephone number by mail or hand delivery, submit them Parish’s high schools has been closed. is 202–366–9329. in an unbound format, no larger than 8c As a result, students have been To avoid duplication, please use only by 11 inches, suitable for copying and redistricted creating the need for buses one of these methods. See the ‘‘Public electronic filing. If you submit them by to have more time to transit the students Participation and Request for mail and would like to know that they over the bridges to get to and from Comments’’ portion of the reached the Facility, please enclose a school. SUPPLEMENTARY INFORMATION section stamped, self-addressed postcard or Presently, 33 CFR 117.478 (a) states: below for instructions on submitting envelope. We will consider all The draw of the LA 75 bridge, mile 38.4 comments. comments and material received during (Alternate Route) at Bayou Sorrel, shall the comment period and may change FOR FURTHER INFORMATION CONTACT: If open on signal; except that, from about the rule based on your comments. you have questions on this proposed August 15 to about June 5 (the school rule, call or e-mail Lindsey Middleton, Viewing Comments and Documents year), the draw need not be opened from 6 a.m. to 7:30 a.m. and from 3 p.m. to Bridge Administration Branch; To view comments, as well as telephone 504–671–2128, e-mail 4:30 p.m., Monday through Friday documents mentioned in this preamble except holidays. The draw shall open on [email protected]. If you as being available in the docket, go to have questions on viewing or submitting signal at any time for an emergency http://www.regulations.gov, click on the aboard a vessel. material to the docket, call Renee V. ‘‘read comments’’ box, which will then Presently, 33 CFR 117.478 (b) states: Wright, Program Manager, Docket become highlighted in blue. In the The draw of the LA 77 bridge, mile 47.0 Operations, telephone 202–366–9826. ‘‘Keyword’’ box insert ‘‘USCG–2009– (Alternate Route) at Grosse Tete, shall SUPPLEMENTARY INFORMATION: 0686’’ and click ‘‘Search.’’ Click the open on signal; except that from about ‘‘Open Docket Folder’’ in the ‘‘Actions’’ Public Participation and Request for August 15 to about June 5 (the school column. You may also visit the Docket Comments year), the draw need not be opened from Management Facility in Room W12–140 6 a.m. to 8 a.m. and from 2:30 p.m. to We encourage you to participate in on the ground floor of the Department 4:30 p.m., Monday through Friday this rulemaking by submitting of Transportation West Building, 1200 except Federal holidays. The draw shall comments and related materials. All New Jersey Avenue SE., Washington, open on signal at any time for an comments received will be posted, DC 20590, between 9 a.m. and 5 p.m., emergency aboard a vessel. without change, to Monday through Friday, except Federal The Iberville Parish School Board has http://www.regulations.gov and will holidays. We have an agreement with requested that the operating regulation include any personal information you the Department of Transportation to use of both the LA 75 and LA 77 bridges be have provided. the Docket Management Facility. changed to open on signal; except that, Submitting Comments Privacy Act from about August 15 to about June 5 If you submit a comment, please Anyone can search the electronic (the school year), the LA 75 bridge need include the docket number for this form of comments received into any of not be opened from 6 a.m. to 8 a.m. and rulemaking (USCG–2009–0686), our dockets by the name of the from 3 p.m. to 5 p.m., Monday through indicate the specific section of this individual submitting the comment (or Friday except holidays and the LA 77 document to which each comment signing the comment, if submitted on bridge need not be opened from 6 a.m. applies, and provide a reason for each behalf of an association, business, labor to 8:30 a.m. and from 2:30 p.m. to 5 suggestion or recommendation. You union, etc.). You may review a Privacy p.m., Monday through Friday except may submit your comments and Act notice regarding our public dockets Federal holidays. Both draws shall open material online (http:// in the January 17, 2008, issue of the on signal at any time for an emergency www.regulations.gov), or by fax, mail or Federal Register (73 FR 3316). aboard a vessel. hand delivery, but please use only one We are testing these potential of these means. If you submit a Public Meeting operating regulation adjustments to comment online via http:// We do not now plan to hold a public discover any outcomes in vehicular www.regulations.gov, it will be meeting. But you may submit a request traffic and water navigation as a result considered received by the Coast Guard for one on using one of the four methods of the time adjustments. During the when you successfully transmit the specified under ADDRESSES. Please temporary deviation period a traffic comment. If you fax, hand delivery, or explain why one would be beneficial. If count has been requested from
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Louisiana Department of Transportation Captain of the Port Long Island Sound. Keyspan E.F. Barrett, an electrical and Development. This action is necessary because power generation facility, located in This deviation is effective from significant shoaling in this area has Island Park, Long Island, New York. For November 25, 2009 until December 28, reduced the depths of the navigable vessels carrying 250 or more barrels of 2009. channel and has increased the risk of petroleum, approximately 60 transits The LA 75 bridge is a pontoon bridge, vessels grounding in the channel and occur in that area each year. The there is no access for vessels to pass the potential for a significant oil spill. shoaling in this area has reduced depths through the bridge while it is in the DATES: This rule is effective December to a point where there is an increased closed-to-navigation position. Vessels 10, 2009. risk of vessels grounding and the have access to two different alternate ADDRESSES: Comments and material potential for a significant oil spill. routes. One route is the Atchafalaya received from the public, as well as Similar shoaling led to the grounding in River and, the other accessible route is documents mentioned in this preamble late 2003 of a small coastal tanker the Gulf Intracoastal Waterway. as being available in the docket, are part carrying home heating oil. The LA 77 bridge is a swing span of docket USCG–2008–0085 and are This rule will provide for the safety of bridge and has a vertical clearance of 2.5 available online by going to http:// vessel traffic and protection of the feet above mean high water, elevation www.regulations.gov, inserting USCG– maritime environment in and around 9.0 feet mean sea level and 11.5 feet 2008–0085 in the ‘‘Keyword’’ box, and East Rockaway Inlet, Long Island, New above mean low water, elevation 0.0 then clicking ‘‘Search.’’ This material is York. mean sea level in the closed-to- also available for inspection or copying Discussion of Comments and Changes navigation position. Vessels have access at the Docket Management Facility (M– There were not any comments or to the Gulf Intracoastal Waterway as an 30), U.S. Department of Transportation, changes to the regulatory text. alternate route. West Building Ground Floor, Room In accordance with 33 CFR 117.35(e), W12–140, 1200 New Jersey Avenue, SE., Regulatory Analyses the drawbridge must return to its regular Washington, DC 20590, between 9 a.m. operating schedule immediately at the We developed this rule after and 5 p.m., Monday through Friday, end of the designated time period. This considering numerous statutes and except Federal holidays. deviation from the operating regulations executive orders related to rulemaking. FOR FURTHER INFORMATION CONTACT: is authorized under 33 CFR 117.35. If Below we summarize our analyses you have questions on this rule, call or based on 13 of these statutes or Dated: October 14, 2009. e-mail: Chief Petty Officer Christie executive orders. David M. Frank, Dixon, Prevention Department, USCG Bridge Administrator. Sector Long Island Sound at 203–468– Regulatory Planning and Review [FR Doc. E9–26988 Filed 11–9–09; 8:45 am] 4459, e-mail: [email protected]. This rule is not a significant BILLING CODE 4910–15–P If you have questions on viewing the regulatory action under section 3(f) of docket, call Renee V. Wright, Program Executive Order 12866, Regulatory Manager, Docket Operations, telephone Planning and Review, and does not DEPARTMENT OF HOMELAND 202–366–9826. require an assessment of potential costs SECURITY SUPPLEMENTARY INFORMATION: and benefits under section 6(a)(3) of that Order. The Office of Management and Coast Guard Regulatory Information Budget has not reviewed it under that On June 15, 2009, we published a Order. 33 CFR Part 165 notice of proposed rulemaking (NPRM) Small Entities [Docket No. USCG–2008–0085] entitled ‘‘Regulated Navigation Area; East Rockaway Inlet to Atlantic Beach Under the Regulatory Flexibility Act RIN 1625–AA11 Bridge, Nassau County, Long Island, (5 U.S.C. 601–612), we have considered whether this rule would have a Regulated Navigation Area; East NY’’ in the Federal Register (74 FR significant economic impact on a Rockaway Inlet to Atlantic Beach 28199). We did not receive any substantial number of small entities. Bridge, Nassau County, Long Island, comments or requests for meetings on The term ‘‘small entities’’ comprises NY the proposed rule. small businesses, not-for-profit Background and Purpose AGENCY: Coast Guard, DHS. organizations that are independently ACTION: Final rule. East Rockaway Inlet is on the South owned and operated and are not Shore of Long Island, in Nassau County. dominant in their fields, and SUMMARY: The Coast Guard is Water depths in the federal navigation governmental jurisdictions with establishing a regulated navigation area channel change constantly and have populations of less than 50,000. extending from the entrance of East been reduced in some areas to as low as The Coast Guard certifies under 5 Rockaway Inlet to the Atlantic Beach five feet at times. This channel was last U.S.C. 605(b) that this rule will not have Bridge, Nassau County, New York. This dredged by the Army Corps of Engineers a significant economic impact on a regulated navigation area will affect during the winter of 2008–2009 and is substantial number of small entities. commercial vessels carrying petroleum on a 2 year cycle for dredge work. The This rule may affect the following products in excess of 250 barrels by channel buoys require regular relocation entities, some of which may be small requiring them to plan all transits of the to mark best water as the channel shoals entities: The owners or operators of regulated navigation area so that they in between dredge cycles. East vessels carrying petroleum products maintain a minimum of two feet under Rockaway Inlet is frequented by small intending to transit or anchor in those keel clearance at all times. Additionally, coastal tankers and tugs towing oil portions of the East Rockaway Inlet they may not transit the regulated barges supplying two facilities: Sprague covered by the regulated navigation navigation area if a small craft advisory, Energy Oceanside, located in Oceanside, area; and Sprague Energy Oceanside and or more severe weather warning, has Long Island, New York, a supplier of Keyspan E.S. Barrett which receive the been issued, unless authorized by the home heating oil for Long Island, and vessels affected by this regulated
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navigation area. Recreational and other Though this rule will not result in such Management and Budget, with an maritime traffic is not otherwise an expenditure, we do discuss the explanation of why using these restricted or prohibited from transiting effects of this rule elsewhere in this standards would be inconsistent with this area. In the NPRM the Coast Guard preamble. applicable law or otherwise impractical. invited small entities who thought their Voluntary consensus standards are Taking of Private Property business would be affected by this rule technical standards (e.g., specifications to submit a comment explaining why This rule will not effect a taking of of materials, performance, design, or the entity qualifies and how and to what private property or otherwise have operation; test methods; sampling degree this rule would economically taking implications under Executive procedures; and related management affect it. No comments were received Order 12630, Governmental Actions and systems practices) that are developed or and no changes were made to the Interference with Constitutionally adopted by voluntary consensus regulation. Protected Property Rights. standards bodies. Assistance for Small Entities Civil Justice Reform This rule does not use technical standards. Therefore, we did not This rule meets applicable standards Under section 213(a) of the Small consider the use of voluntary consensus in sections 3(a) and 3(b)(2) of Executive Business Regulatory Enforcement standards. Fairness Act of 1996 (Pub. L. 104–121), Order 12988, Civil Justice Reform, to in the NPRM we offered to assist small minimize litigation, eliminate Environment entities in understanding the rule so ambiguity, and reduce burden. We have analyzed this rule under that they could better evaluate its effects Protection of Children on them and participate in the Department of Homeland Security rulemaking process. We have analyzed this rule under Management Directive 023–01 and Small businesses may send comments Executive Order 13045, Protection of Commandant Instruction M16475.lD, on the actions of Federal employees Children from Environmental Health which guide the Coast Guard in who enforce, or otherwise determine Risks and Safety Risks. This rule is not complying with the National compliance with, Federal regulations to an economically significant rule and Environmental Policy Act of 1969 the Small Business and Agriculture does not create an environmental risk to (NEPA) (42 U.S.C. 4321–4370f), and Regulatory Enforcement Ombudsman health or risk to safety that may have concluded this action is one of a and the Regional Small Business disproportionately affect children. category of actions which do not individually or cumulatively have a Regulatory Fairness Boards. The Indian Tribal Governments Ombudsman evaluates these actions significant effect on the human annually and rates each agency’s This rule does not have tribal environment. This rule is categorically responsiveness to small business. If you implications under Executive Order excluded, under figure 2–1, paragraph wish to comment on actions by 13175, Consultation and Coordination (34)(g), of the Instruction. This rule employees of the Coast Guard, call 1– with Indian Tribal Governments, which involves the establishment of a 888–REG–FAIR (1–888–734–3247). The because it does not have a substantial regulated navigation area was published Coast Guard will not retaliate against direct effect on one or more Indian as a Notice of Proposed Rulemaking small entities that question or complain tribes, on the relationship between the with an invitation to comment on June about this rule or any policy or action Federal Government and Indian tribes, 15, 2009. No comments were received of the Coast Guard. or on the distribution of power and that would affect the assessment of responsibilities between the Federal environmental impacts from this action. Collection of Information Government and Indian tribes An environmental analysis checklist and a categorical exclusion This rule calls for no new collection Energy Effects of information under the Paperwork determination are available in the Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under docket where indicated under 3520). Executive Order 13211, Actions ADDRESSES. Concerning Regulations That Federalism Significantly Affect Energy Supply, List of Subjects in 33 CFR Part 165 A rule has implications for federalism Distribution, or Use. We have Harbors, Marine safety, Navigation under Executive Order 13132, determined that it is not a ‘‘significant (water), Reporting and recordkeeping Federalism, if it has a substantial direct energy action’’ under that order because requirements, Security measures, effect on State or local governments and it is not a ‘‘significant regulatory action’’ Waterways. under Executive Order 12866 and is not would either preempt State law or ■ impose a substantial direct cost of likely to have a significant adverse effect For the reasons discussed in the compliance on them. We have analyzed on the supply, distribution, or use of preamble, the Coast Guard amends 33 this rule under that Order and have energy. The Administrator of the Office CFR part 165 as follows: determined that it does not have of Information and Regulatory Affairs PART 165—REGULATED NAVIGATION implications for federalism. has not designated it as a significant AREAS AND LIMITED ACCESS AREAS energy action. Therefore, it does not Unfunded Mandates Reform Act require a Statement of Energy Effects ■ 1. The authority citation for part 165 The Unfunded Mandates Reform Act under Executive Order 13211. continues to read as follows: of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of Technical Standards Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. their discretionary regulatory actions. In The National Technology Transfer Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; particular, the Act addresses actions and Advancement Act (NTTAA) (15 Public Law 107–295, 116 Stat. 2064; that may result in the expenditure by a U.S.C. 272 note) directs agencies to use Department of Homeland Security Delegation State, local, or tribal government, in the voluntary consensus standards in their No. 0170.1. aggregate, or by the private sector of regulatory activities unless the agency $100,000,000 or more in any one year. provides Congress, through the Office of ■ 2. Add § 165.156 to read as follows:
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§ 165.156 Regulated Navigation Area, East DEPARTMENT OF HOMELAND on the proposed rule. No public meeting Rockaway Inlet to Atlantic Beach Bridge, SECURITY was requested, and none was held. Nassau County, Long Island, New York. Background and Purpose (a) Location. The following area is a Coast Guard Regulated Navigation Area: All waters Sea World is sponsoring the Sea of East Rockaway Inlet in an area 33 CFR Part 165 World December Fireworks, which will include a fireworks presentation from a bounded by lines drawn from position [Docket No. USCG–2009–0319] 40°34′56″ N, 073°45′19″ W, barge in Mission Bay. The safety zone RIN 1625–AA00 (approximate position of Silver Point will extend in a 600 foot radius around the barge in approximate position breakwater buoy, LLNR 31500) running Safety Zone; Sea World December 32°46′03″ N, 117°13′11″ W. This north to a point of land on the Fireworks, Mission Bay, San Diego, CA temporary safety zone is necessary to northwest side of the inlet at position provide for the safety of the crew, 40°35′28″ N, 073°46′12″ W, thence AGENCY: Coast Guard, DHS. spectators, participants, and other easterly along the shore to the east side ACTION: Temporary final rule. vessels and users of the waterway. of the Atlantic Beach Bridge, State SUMMARY: The Coast Guard is Route 878, over East Rockaway Inlet, Discussion of Comments and Changes establishing a safety zone upon the thence across the bridge to the south navigable waters of Mission Bay near The Coast Guard received no side of East Rockaway Inlet, thence San Diego, California in support of the comments and made no changes to the westerly along the shore and across the Sea World December Fireworks. This proposed regulation. water to the beginning. safety zone is necessary to provide for Regulatory Analyses (b) Regulations. (1) The general the safety of the participants, crew, regulations contained in 33 CFR 165.10, spectators, participating vessels, and We developed this rule after 165.11, and 165.13 apply. other users of the waterway. Persons considering numerous statutes and executive orders related to rulemaking. (2) In accordance with the general and vessels are prohibited from entering Below we summarize our analyses regulations, the following regulations into, transiting through, or anchoring based on 13 of these statutes or apply to vessels carrying petroleum within this safety zone unless executive orders. products in excess of 250 barrels: authorized by the Captain of the Port or his designated representative. (i) The vessel must have plans in Regulatory Planning and Review DATES: place to maintain a minimum of two This rule is effective from 8 p.m. This rule is not a significant feet under keel clearance at all times. until 10 p.m. on December 12, 2009. regulatory action under section 3(f) of ADDRESSES: Comments and material (ii) A vessel requiring a nighttime Executive Order 12866, Regulatory received from the public, as well as Planning and Review, and does not transit through East Rockaway Inlet may documents mentioned in this preamble only do so only after receiving approval require an assessment of potential costs as being available in the docket, are part and benefits under section 6(a)(3) of that from the Captain of the Port Long Island of docket USCG–2009–0319 and are Sound. Order. The Office of Management and available online by going to http:// Budget has not reviewed it under that (iii) Vessels are prohibited from www.regulations.gov, inserting USCG– Order. transiting East Rockaway Inlet if a small 2009–0319 in the ‘‘Keyword’’ box, and We expect the economic impact of craft advisory or greater has been issued then clicking ‘‘Search.’’ This material is this rule to be so minimal that a full for the area unless specific approval is also available for inspection or copying Regulatory Evaluation is unnecessary. received from the Captain of the Port at the Docket Management Facility (M– This determination is based on the size Long Island Sound. 30), U.S. Department of Transportation, and location of the safety zone. (iv) In an emergency, any vessel may West Building Ground Floor, Room Commercial vessels will not be deviate from the regulations in this W12–140, 1200 New Jersey Avenue, SE., hindered by the safety zone. section to the extent necessary to avoid Washington, DC 20590, between 9 a.m. Recreational vessels will not be allowed endangering the safety of persons, the and 5 p.m., Monday through Friday, to transit through the designated safety environment, and or property. If except Federal holidays. zone during the specified times unless deviation from the regulations is FOR FURTHER INFORMATION CONTACT: If authorized to do so by the Captain of the necessary, the master or their designee you have questions on this temporary Port or his designated representative. rule, call or e-mail Petty Officer Shane shall inform the Coast Guard as soon as Small Entities it is practicable to do so. Jackson, Waterways Management, U.S. Coast Guard Sector San Diego at Under the Regulatory Flexibility Act (c) Waivers. (1) The Captain of the telephone 619–278–7262, e-mail (5 U.S.C. 601–612), we have considered Port Long Island Sound may, upon [email protected]. If you have whether this rule would have a request, waive any regulation in this questions on viewing or submitting significant economic impact on a section. material to the docket, call Renee V. substantial number of small entities. (2) An application for a waiver must Wright, Program Manager, Docket The term ‘‘small entities’’ comprises state the need for the waiver and Operations, telephone 202–366–9826. small businesses, not-for-profit describe the proposed vessel operations SUPPLEMENTARY INFORMATION: organizations that are independently through the Regulated Navigation Area. owned and operated and are not Regulatory Information Dated: October 22, 2009. dominant in their fields, and On August 6, 2009, we published a governmental jurisdictions with Joseph L. Nimmich, notice of proposed rulemaking (NPRM) populations of less than 50,000. Rear Admiral, U.S. Coast Guard Commander, entitled Safety Zone; Sea World The Coast Guard certifies under 5 First Coast Guard District. December Fireworks, Mission Bay, San U.S.C. 605(b) that this rule will not have [FR Doc. E9–26991 Filed 11–9–09; 8:45 am] Diego, CA in the Federal Register (74 a significant economic impact on a BILLING CODE 4910–15–P FR 39247). We received no comments substantial number of small entities.
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This rule will not have a significant an expenditure, we do discuss the explanation of why using these economic impact on a substantial effects of this rule elsewhere in this standards would be inconsistent with number of small entities for the preamble. applicable law or otherwise impractical. following reasons: Vessel traffic can Voluntary consensus standards are Taking of Private Property pass safely around the safety zone. technical standards (e.g., specifications Before the effective period, the Coast This rule will not effect a taking of of materials, performance, design, or Guard will publish a local notice to private property or otherwise have operation; test methods; sampling mariners (LNM) and will issue taking implications under Executive procedures; and related management broadcast notice to mariners (BNM) Order 12630, Governmental Actions and systems practices) that are developed or alerts via marine channel 16 VHF before Interference with Constitutionally adopted by voluntary consensus the safety zone is enforced. Protected Property Rights. standards bodies. This rule does not use technical Assistance for Small Entities Civil Justice Reform standards. Therefore, we did not Under section 213(a) of the Small This rule meets applicable standards consider the use of voluntary consensus Business Regulatory Enforcement in sections 3(a) and 3(b)(2) of Executive standards. Fairness Act of 1996 (Pub. L. 104–121), Order 12988, Civil Justice Reform, to in the NPRM we offered to assist small minimize litigation, eliminate Environment entities in understanding the rule so ambiguity, and reduce burden. We have analyzed this rule under that they could better evaluate its effects Protection of Children Department of Homeland Security on them and participate in the Management Directive 023–01 and rulemaking process. We have analyzed this rule under Commandant Instruction M16475.lD, Small businesses may send comments Executive Order 13045, Protection of which guide the Coast Guard in on the actions of Federal employees Children from Environmental Health complying with the National who enforce, or otherwise determine Risks and Safety Risks. This rule is not Environmental Policy Act of 1969 compliance with, Federal regulations to an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and the Small Business and Agriculture does not create an environmental risk to have concluded this action is one of a Regulatory Enforcement Ombudsman health or risk to safety that may category of actions which do not and the Regional Small Business disproportionately affect children. individually or cumulatively have a Regulatory Fairness Boards. The Indian Tribal Governments significant effect on the human Ombudsman evaluates these actions environment. This rule is categorically annually and rates each agency’s This rule does not have tribal excluded, under figure 2–1, paragraph responsiveness to small business. If you implications under Executive Order (34)(g), of the Instruction because the wish to comment on actions by 13175, Consultation and Coordination rule involves the establishment of a employees of the Coast Guard, call 1– with Indian Tribal Governments, safety zone. 888–REG–FAIR (1–888–734–3247). The because it does not have a substantial An environmental analysis checklist Coast Guard will not retaliate against direct effect on one or more Indian and a categorical exclusion small entities that question or complain tribes, on the relationship between the determination are available in the about this rule or any policy or action Federal Government and Indian tribes, docket where indicated under of the Coast Guard. or on the distribution of power and ADDRESSES. responsibilities between the Federal Collection of Information Government and Indian tribes. List of Subjects in 33 CFR Part 165 This rule calls for no new collection Energy Effects Harbors, Marine safety, Navigation of information under the Paperwork (water), Reporting and recordkeeping Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under requirements, Security measures, 3520). Executive Order 13211, Actions Waterways. Concerning Regulations That ■ For the reasons discussed in the Federalism Significantly Affect Energy Supply, preamble, the Coast Guard amends 33 Distribution, or Use. We have A rule has implications for federalism CFR part 165 as follows: under Executive Order 13132, determined that it is not a ‘‘significant Federalism, if it has a substantial direct energy action’’ under that order because PART 165—REGULATED NAVIGATION effect on State or local governments and it is not a ‘‘significant regulatory action’’ AREAS AND LIMITED ACCESS AREAS would either preempt State law or under Executive Order 12866 and is not impose a substantial direct cost of likely to have a significant adverse effect ■ 1. The authority citation for part 165 compliance on them. We have analyzed on the supply, distribution, or use of continues to read as follows: this rule under that Order and have energy. The Administrator of the Office Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. determined that it does not have of Information and Regulatory Affairs Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; implications for federalism. has not designated it as a significant 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; energy action. Therefore, it does not Pub. L. 107–295, 116 Stat. 2064; Department Unfunded Mandates Reform Act require a Statement of Energy Effects of Homeland Security Delegation No. 0170.1. The Unfunded Mandates Reform Act under Executive Order 13211. ■ 2. Add temporary § 165.T11–227 to of 1995 (2 U.S.C. 1531–1538) requires read as follows: Federal agencies to assess the effects of Technical Standards their discretionary regulatory actions. In The National Technology Transfer § 165.T11–227 Safety Zone; Sea World particular, the Act addresses actions and Advancement Act (NTTAA) (15 December Fireworks, Mission Bay, San that may result in the expenditure by a U.S.C. 272 note) directs agencies to use Diego, CA. State, local, or tribal government, in the voluntary consensus standards in their (a) Location. The following area is a aggregate, or by the private sector of regulatory activities unless the agency safety zone: All waters of Mission Bay, $100,000,000 or more in any one year. provides Congress, through the Office of from surface to bottom, within a 600 Though this rule will not result in such Management and Budget, with an foot radius around the fireworks launch
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barge in approximate position 32°46′03″ • Priority Mail International® (PMI). The price increase for retail Priority N, 117°13′11″ W. In addition to the above shipping Mail International service averages (b) Enforcement Period. This section services changes the Postal Service adds approximately 3.0 percent. The will be enforced from 8 p.m. to 10 p.m. an individual country listing for Kosovo commercial base price for customers on December 12, 2009. If the event to reflect it’s independence from the that prepare and pay for shipments concludes prior to the scheduled Republic of Serbia. online at usps.com or by using an termination time, the Captain of the Port We are implementing this authorized PC Postage vendor remains 5 will cease enforcement of this safety international price change concurrent percent below the retail price. zone and will announce that fact via with our domestic shipping services Broadcast Notice to Mariners. price change. The price increases for Kosovo (c) Definitions. The following retail services average 4.1 percent for We are adding an Individual Country definition applies to this section: GXG service; 2.9 percent for Express Listing for Kosovo. This change is Designated representative means any Mail International service; and 3.0 necessary to reflect Kosovo’s commissioned, warrant, or petty officers percent for Priority Mail International independence from Serbia. of the Coast Guard on board Coast service. The Postal Service hereby adopts the Guard, Coast Guard Auxiliary, or local, following changes to Mailing Standards DATES: Effective Date: January 4, 2010. state, or federal law enforcement vessels of the United States Postal Service, who have been authorized to act on the FOR FURTHER INFORMATION CONTACT: International Mail Manual (IMM), behalf of the Captain of the Port. Obataiye B. Akinwole at 703–292–5260. which is incorporated by reference in (d) Regulations. (1) Entry into, transit SUPPLEMENTARY INFORMATION: On the Code of Federal Regulations. See 39 through or anchoring within this safety September 22, 2009, the Governors of CFR 20.1 zone is prohibited unless authorized by the Postal Service established new List of Subjects in 39 CFR Part 20 the Captain of the Port of San Diego or prices for shipping services. The new his designated on-scene representative. prices are effective on January 4, 2010. Foreign relations, International postal (2) Mariners requesting permission to Only the shipping services prices will services. transit through the safety zone may change in January. ■ Accordingly, 39 CFR Part 20 is request authorization to do so from the This final rule describes the amended as follows: Sector San Diego Command Center. The international price changes and the Command Center may be contacted on mailing standards changes required for PART 20—[AMENDED] implementation. VHF–FM Channel 16. ■ 1. The authority citation for 39 CFR (3) All persons and vessels must Global Express Guaranteed Part 20 continues to read as follows: comply with the instructions of the Coast Guard Captain of the Port or the Global Express Guaranteed (GXG) Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– designated representative. service is an international expedited 307; 39 U.S.C. 401, 403, 404, 407, 414, 416, (4) Upon being hailed by U.S. Coast delivery service provided through an 3001–3011, 3201–3219, 3403–3406, 3621, 3622, 3626, 3632, 3633, and 5001. Guard patrol personnel by siren, radio, alliance with FedEx Express. GXG flashing light, or other means, the service provides reliable, high-speed, ■ 2. Revise the following sections of operator of a vessel must proceed as date-certain service with a money-back Mailing Standards of the United States directed. guarantee to over 190 countries. Postal Service, International Mail (5) The Coast Guard may be assisted The price increase for retail GXG Manual (IMM), as follows: by other Federal, State, or local service averages approximately 4.1 * * * * * agencies. percent. The commercial base price for customers who prepare and pay for 2 Conditions for Mailing Dated: October 20, 2009. shipments online at USPS.com or by 210 Global Express Guaranteed T.H. Farris, using an authorized PC Postage® vendor Captain, U.S. Coast Guard, Captain of the remains 10 percent below the retail * * * * * Port San Diego. price. 213 Prices and Postage Payment [FR Doc. E9–26992 Filed 11–9–09; 8:45 am] Methods BILLING CODE 4910–15–P Express Mail International Express Mail International (EMI) * * * * * service provides reliable, high-speed 213.5 Destinating Countries and Price POSTAL SERVICE service to over 190 countries with a Groups money-back, date-certain delivery * * * * * 39 CFR Part 20 guarantee to select destinations. The price increase for retail Express Exhibit 213.5 International Product and Price Mail International service averages Destinating Countries and Price Groups Changes approximately 2.9 percent. The AGENCY: Postal ServiceTM. commercial base price for customers [Add a listing for Kosovo as follows:] that prepare and pay for shipments ACTION: Final rule. GXG price online at USPS.com or by using an Country group SUMMARY: The Postal Service is revising authorized PC Postage vendor remains 8 Mailing Standards of the United States percent below the retail price. Postal Service, International Mail Priority Mail International ***** Manual (IMM®), to reflect changes to Kosovo ...... 4 the prices for the following Shipping Priority Mail International (PMI) Services: service offers economical prices for * * * * * • Global Express Guaranteed® reliable delivery of documents and 220 Express Mail International (GXG®). merchandise, usually within 6 to 10 • Express Mail International® (EMI). business days to many major markets. * * * * *
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223 Price and Postage Payment Exhibit 233.12 243.13 Destinating Countries and Price Groups Methods Priority Mail International Flat-Rate 223.1 Prices Envelope and Small Flat-Rate Box * * * * * * * * * * [Revise Exhibit 233.12 by changing the Exhibit 243.13 prices as follows:] 223.12 Express Mail International First-Class Mail International Price Flat-Rate Envelope Prices Canada & Mexico ...... $11.45 Groups All other countries ...... 13.45 * * * * * [Add an alphabetical listing for Kosovo in Exhibit 243.13 as follows:] Exhibit 223.12 233.13 Priority Mail International Regular/Medium and Large Flat-Rate Express Mail International Flat-Rate Price Boxes Country Envelope group * * * * * [Revise Exhibit 223.12 by changing the Exhibit 233.13 ***** prices as follows:] Kosovo ...... 5 Priority Mail International—Regular/ Canada & Mexico ...... $26.95 Medium and Large Flat-Rate Boxes * * * * * All other countries ...... 28.95 [Revise Exhibit 233.13 by changing the 290 Commercial Services prices as follows:] * * * * * * * * * * International Regular/ 230 Priority Mail International destination medium Large 292 International Priority Airmail * * * * * (IPA) Service Canada & Mexico ..... $26.95 $33.95 * * * * * 233 Prices and Postage Payment All other countries ..... 43.45 55.95 Methods 292.452 Presorted Mail—Direct * * * * * Country Bundle Label 233.1 Prices 240 First-Class Mail International * * * * * * * * * * * * * * * Exhibit 292.452 233.12 Priority Mail International Flat-Rate Envelope and Small Flat-Rate 243 Prices and Postage Payment IPA Country Price Groups and Foreign Methods Box Exchange Offices 243.1 Prices * * * * * [Add an alphabetical listing for Kosovo * * * * * in Exhibit 292.452 as follows:]
Country Exchange office name Destination code Price group
******* Kosovo ...... Pristina ...... PRN ...... 12
* * * * * [Add an alphabetical reference for Country Price Groups and Weight Kosovo as follows:] Limits Index of Countries and Localities * * * * * * * * * * Kosovo, Republic of * * * [INSERT [Add an alphabetical listing for Kosovo PAGE NUMBER] as follows:] * * * * * * * * * *
Country GXG GXG EMI EMI PMI 1 PMI FCMI FCMI
Max. wt. Max. wt. Max. wt. Max. wt.2 Price group (lbs.) Price group (lbs.) Price group (lbs.) Price group (lbs.)
******* Kosovo ...... 4 70 - - 5 70 5 3.5/4
* * * * * Country Conditions for Mailing provided replace the Global Express Guaranteed price table with the * * * * * Individual Country Listings appropriate table based on the prices * * * * * [For each country for which a Global below:] Express Guaranteed price table is BILLING CODE 7710–12–P
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* * * * * provided replace the Express Mail appropriate table based on the prices [For each country for which an Express International price table with the below:] Mail International price table is
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* * * * * [For all countries except Canada and [For each country, for which a Priority Mexico:] Mail International price table is Express Mail International—Flat Rate Flat-Rate Envelope: $28.95 provided, replace the Priority Mail [For each country that offers Express International price table with the [For Canada and Mexico:] Mail International flat-rate service, appropriate table based on the prices revise the flat-rate section as follows:] Flat-Rate Envelope: $26.95 below:] * * * * *
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BILLING CODE 7710–12–C [Add an individual country listing for individuals and entities are identified * * * * * Kosovo, Republic of as follows:] on the treasury Department’s specially Priority Mail International—Flat Rate * * * * * Designated Nationals list, available at http://www.treas.gov/offices/ [For each country that offers Priority Kosovo, Republic of enforcement/ofac/sdn. Certain Mail International flat-rate service, Prohibitions (130) shipments may also require a license by revise the lines of text for the flat-rate the U.S. Commerce Department under envelope and flat-rate boxes as follows:] Weapons and ammunition by private individuals. the Export Administration Regulations [For all countries except Canada and Cigarette paper. (530). Mexico:] Coins; banknotes; currency notes Customs Forms Required (123) Flat-Rate Envelope or Small Flat-Rate (paper money); securities payable to Box: $13.45 bearer; traveler’s checks; platinum, gold, First-Class Mail International items * * * * * and silver, manufactured or not; and Priority Mail International flat-rate precious stones; jewelry; and other envelopes and small flat-rate boxes: Flat-Rate Boxes: Regular/Medium— valuable articles. PS Form 2976 or 2976–A (see 123.61). $43.45; Large—$55.95 Lottery tickets and advertisements * * * * * concerning lotteries. Priority Mail International parcels: PS [For Canada and Mexico:] Radioactive materials. Form 2976–A inside 2976–E (envelope) Flat-Rate Envelope or Small Flat-Rate Restrictions Global Express Guaranteed (210) Price Group 4 Box: $11.45 No list furnished. * * * * * Observations [Insert the Global Express Guaranteed Flat-Rate Boxes: Regular/Medium— table for price group 4 with a weight Items sent to certain individuals and limit of 70 pounds.] $26.95; Large—$33.95 entities in Kosovo must be licensed by * * * * * the U.S. Treasury Department. These Insurance (215.5)
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Insured amount Insured amount not over Fee not over Fee
$100 ...... (1) For document reconstruction insurance or non-doc- ument insurance coverage above $800, add $1.00 per $100 or fraction thereof, up to a max- imum of $2,499 per shipment. 200 ...... $1.00 300 ...... 2.00 400 ...... 3.00 500 ...... 4.00 600 ...... 5.00 700 ...... 6.00
800 ...... 7.00 $2,499 max...... $24.00 1 No fee.
Value Limit (211.2) General Conditions for Mailing Priority Mail International—Flat Rate The maximum value of a GXG See Publication 141, Global Express Flat-Rate Envelope or Small Flat-Rate shipment to this country is $2,499 or a Guaranteed Service Guide, for Box: $13.45 lesser amount if limited by content or information about areas served in the value. destination country, allowable contents, May contain items that may be sent as First-Class Mail International. The Size Limits (216.5) packaging and labeling requirements, maximum weight is 4 lbs. An item must be large enough to hold tracking and tracing, service standards, on its face the postage and the plastic and other conditions for mailing. Flat-Rate Boxes: Regular/Medium— pouch that carries the Global Express Express Mail International (220) $43.45; Large—$55.95 Guaranteed Air Waybill/Shipping Not Available The maximum weight is 20 lbs. or the Invoice (shipping label). The shipping limit set by the individual country, label is approximately 5.5 inches high Priority Mail International (230) Price whichever is less. and 9.5 inches long, and the plastic Group 5 pouch that carries it is approximately 7 Size Limits inches high and 12 inches long. [Insert the Priority Mail International Maximum length: 46 inches. table for price group 5 with a weight See 236.2 limit of 70 pounds.] Maximum width: 35 inches. First-Class Mail International (240) Maximum height: 46 inches. Notes: Ordinary Priority Mail International Price Group 5 Maximum length and girth combined: includes indemnity at no cost based on 108 inches. weight. (See 230.) Letters
Weight not over (ozs.) Price
1 ...... $0.98 Note: A letter meeting one or more of the nonmachinable characteristics in 243.23 is charged a nonmachinable sur- 2 ...... 1.82 charge of $0.20. 3 ...... 2.66 3.5 ...... 3.50
Large Envelopes (Flats)
Weight Weight Weight not over (ozs.) Price not over Price not over Price (ozs.) (ozs.)
1 ...... $1.24 12 $8.84 44 $22.60 2 ...... 2.08 16 10.56 48 24.32 3 ...... 2.92 20 12.28 52 26.04 4 ...... 3.76 24 14.00 56 27.76 5 ...... 4.60 28 15.72 60 29.48 6 ...... 5.44 32 17.44 64 31.20 7 ...... 6.28 36 19.16 ...... 8 ...... 7.12 40 20.88 ......
Packages (Small Packets)
Weight Weight Weight not over (ozs.) Price not over Price not over Price (ozs.) (ozs.)
1 ...... $1.44 12 $9.04 44 $22.80
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Weight Weight Weight not over (ozs.) Price not over Price not over Price (ozs.) (ozs.)
2 ...... 2.28 16 10.76 48 24.52 3 ...... 3.12 20 12.48 52 26.24 4 ...... 3.96 24 14.20 56 27.96 5 ...... 4.80 28 15.92 60 29.68 6 ...... 5.64 32 17.64 64 31.40 7 ...... 6.48 36 19.36 ...... 8 ...... 7.32 40 21.08 ......
Size Limits Restricted Delivery (350) Express Mail Postcards: See 243.1 NOT Available. On average, Express Mail prices increase 4.5 percent as follows: Letters: See 243.2 Return Receipt (340) • Retail prices—4.5 percent Large Envelopes (Flats): See 243.3 Fee: $2.30. • Commercial base prices—4.5 Available for registered mail only. percent Packages (Small Packets): See 243.4 • * * * * * Commercial plus prices—4.4 Postcards (243.1) percent Serbia, Republic of $0.98 Priority Mail Country Conditions for Mailing Airmail M-bags (260)—Direct Sack to On average, Priority Mail prices One Addressee * * * * * increase 3.3 percent as follows: • Observations Retail prices—3.9 percent Weight not over 11 lbs...... $35.75 • Commercial base prices—2.9 Each additional pound or fraction of [Delete observation # 7.] percent a pound ...... 3.25 * * * * * • Commercial plus prices—0.9 Weight Limit: 66 pounds percent Stanley F. Mires, The Priority Mail flat-rate envelope Matter for the Blind (270) Chief Counsel, Legislative. and small flat-rate box are now [FR Doc. E9–26987 Filed 11–5–09; 4:15 pm] Free when sent as First-Class Mail separately priced as follows: BILLING CODE 7710–12–P • International. Retail: Weight limit: 15 lbs. Flat-Rate Envelope—$4.90 Small Flat-Rate Box—$4.95 Extra Services POSTAL SERVICE • Commercial base: Certificate of Mailing (313) 39 CFR Part 111 Flat-Rate Envelope—$4.75 Small Flat-Rate Box—$4.85 • Fee: $1.15. Pricing and Mailing Standards Commercial plus: COD and Certified Changes for Shipping Services Flat-Rate Envelope—$4.70 Flat-Rate Padded Envelope—$4.95 NOT for International Mail. AGENCY: Postal ServiceTM. Small Flat-Rate Box—$4.80 Insurance (320) ACTION: Final rule. The one-pound price for Priority Mail is now priced according to weight and Priority Mail International insurance SUMMARY: The Postal Service is revising zone based on seven zone separations as coverage is not available to Kosovo. Mailing Standards of the United States follows: (Local, 1, 2), (3), (4), (5), (6), (7), Only ordinary (uninsured) parcels may Postal Service, Domestic Mail Manual and (8). be sent to addressees in Kosovo. (DMM®), to reflect changes to prices Commercial Plus Prices International Business Reply Service and mailing standards for the following (382) Shipping Services: New and convenient shipping options • Express Mail® for Priority Mail commercial plus Fee: Envelopes up to 2 ounces $1.45; • Priority Mail® mailers are introduced as follows: Cards $0.95. • Parcel Select® • New Priority Mail 0.5-Pound Price International Postal Money Order (371) • Parcel Return Service for items weighing up to 0.5 pound. • DATES: Effective Date: January 4, 2010. New Flat-Rate Padded Envelope, NOT Available. which is priced slightly higher than the FOR FURTHER INFORMATION CONTACT: John International Reply Coupons (381) conventional flat-rate envelope. Gullo (202) 268–8057, Carol A. Lunkins • New Commercial Plus Cubic Prices Fee: $2.10. (202) 268–7262, or Mary Collins (202) for flats and parcels. 268–5440. Registered Mail (330) SUPPLEMENTARY INFORMATION: On Commercial Plus Cubic Prices Fee: $11.50. September 22, 2009, the Governors of To qualify for commercial plus cubic Maximum Indemnity: $47.93. the Postal Service established new prices, each mailpiece must measure .50 Available for First-Class Mail prices and product features for Shipping cubic foot or less and weigh 20 pounds International, including postcards, and Services. This final rule describes price or less. Mailings must qualify for matter for the blind or other physically and product changes and the commercial base prices with an annual handicapped persons. Not applicable to corresponding mailing standards to total volume of 250,000 pieces or more M-bags. implement them. or mailers must have a customer
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commitment agreement with the USPS. The Postal Service adopts the 1.5 Sunday and Holiday Premium Prices are available to: following changes to Mailing Standards • [Revise the first sentence of 1.5 as Registered end-users of USPS- of the United States Postal Service, follows:] approved PC Postage® products. Domestic Mail Manual (DMM), • Delivery guaranteed for a Sunday or Customers who pay postage with incorporated by reference in the Code of holiday is charged a premium fee (see permit imprints and use the Electronic Federal Regulations. See 39 CFR 111.1. Notice 123—Price List), unless paying Verification System (e-VS®) program or List of Subjects in 39 CFR Part 111 via an Express Mail Manifesting submit an electronic postage statement Agreement. * * * and a computerized manifest. Mailings Administrative practice and must consist of at least 200 pieces or 50 procedure, Postal Service. 1.6 Pickup on Demand pounds of mail; mailpieces are not ■ Accordingly, 39 CFR Part 111 is 1.6.1 Pickup on Demand Fee required to be identical in weight. amended as follows: [Revise 1.6.1 as follows:] Markings See Notice 123—Price List for fee per PART 111—[AMENDED] The appropriate commercial plus occurrence. This service may be cubic price markings are required. ■ 1. The authority citation for 39 CFR combined with Priority Mail, Package Part 111 continues to read as follows: Services, and international mail pickups Prices (see 507.6.0). There are five price tiers, as follows: Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001–3011, 3201– * * * * * › Tier 1—mailpieces measuring up 3219, 3403–3406, 3621, 3622, 3626, 3632, 120 Priority Mail to .10 cubic foot 3633, and 5001. › Tier 2—mailpieces measuring 123 Prices and Eligibility more than .10 up to .20 cubic foot ■ 2. Revise the following sections of 1.0 Priority Mail Prices and Fees › Tier 3—mailpieces measuring Mailing Standards of the United States more than .20 up to .30 cubic foot Postal Service, Domestic Mail Manual 1.1 Price Application › Tier 4—mailpieces measuring (DMM), as follows: [Revise paragraph of 1.1 as follows:] more than .30 up to .40 cubic foot Except under 1.3, 1.4, and 1.5, › Tier 5—mailpieces measuring 100 Retail Letters, Cards, Flats, and Priority Mail retail prices are charged more than .40 up to .50 cubic foot Parcels per pound; any fraction of a pound is Each tier is priced according to the * * * * * rounded up to the next whole pound. tier level (cubic foot) and zone based on For example, if a piece weighs 1.2 seven zone separations: (Local, 1, 2), (3), 110 Express Mail pounds, the weight (postage) increment (4), (5), (6), (7), and (8). 113 Prices and Eligibility is 2 pounds. The minimum postage Parcel Select 1.0 Express Mail Prices and Fees amount per addressed piece is the 1- On average, Parcel Select prices * * * * * pound price. Priority Mail retail prices increase 4.9 percent for destination are based on weight and zone except for 1.3 Prices entry only as follows: flat-rate products. Other charges may • Destination Delivery Unit (DDU)— [Revise 1.3 by deleting Exhibit 1.3 in apply. 3.9 percent its entirety, add a new paragraph, and 1.2 Prices • Destination Sectional Center a link to the Price List as follows:] [Revise 1.2 by deleting Exhibit 1.2 in Facility (DSCF)—6.9 percent See Notice 123—Price List for • its entirety and adding a link to the Destination Bulk Mail Center applicable Express Mail retail prices. (DBMC)—6.9 percent Price List as follows:] Commercial base prices are available See Notice 123—Price List for There is no price increase for the when postage is paid through Click-N– following Parcel Select price categories: applicable Priority Mail retail prices. • Ship service at usps.com or by Origin Bulk Mail Center (OBMC) registered end-users of PC Postage using * * * * * • Presorted BMC a qualifying shipping label managed by • Barcoded Nonpresorted 1.5 Flat-Rate Envelope and Boxes the PC Postage system. Parcel Select mailers who pay postage * * * * * using USPS-approved PC Postage and 1.4 Flat-Rate Envelope request the barcoded nonpresorted price 1.5.1 Flat-Rate Envelope—Price and will not have to meet the minimum [Revise the text of 1.4 as follows:] Eligibility volume requirement of 50 mailpieces. Material mailed in the USPS-provided [Revise text of the first sentence of However, barcode requirements apply. Express Mail flat-rate envelope is 1.5.1 as follows:] When requesting destination entry and charged a flat rate, regardless of the Each USPS-produced Priority Mail presorted prices, the 50-piece minimum actual weight (up to 70 pounds) of the flat-rate envelope is charged a flat rate volume requirement applies for mailers mailpiece or domestic destination. Only regardless of the actual weight (up to 70 using PC Postage. USPS-produced flat-rate envelopes are pounds) of the mailpiece or domestic Parcel Select Loyalty and Growth eligible for the flat-rate envelope price. destination. * * * Custom Designed items are not eligible Rebates will be eliminated effective May 1.5.2 Flat-Rate Boxes—Price and 31, 2010. for flat-rate pricing. When sealing a flat- rate envelope, the container flaps must Eligibility Parcel Return Service be able to close within the normal folds. [Revise the paragraph 1.5.2 and delete On average, Parcel Return Service Tape may be applied to the flaps and current items ‘‘a’’ through ‘‘d’’ and prices increase 3.0 percent as follows: seams to reinforce the container replace, as follows:] • Return Delivery Unit (RDU)—2.1 provided the design of the container is For shipping convenience, there are percent not enlarged by opening the sides, and multiple Priority Mail flat-rate boxes: • Return Bulk Mail Center (RBMC)— the container is not reconstructed in any a. Small flat-rate box to domestic, 3.3 percent way. APO/FPO, and DPO destinations.
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b. Regular/medium flat-rate boxes 2.2 Priority Mail Commercial Plus 1.6 Sunday and Holiday Premium (FRB–1) or (FRB–2) to domestic, APO/ Cubic Markings—PC Postage Indicia [Revise 1.6 by removing prices and FPO and DPO destinations. Priority Mail pieces claiming the providing link to Sunday and holiday c. Large flat-rate box or ‘‘special commercial plus cubic price must bear premium prices in price list as follows:] version of this box’’ to APO/FPO and the applicable marking that reflects the When delivery is guaranteed for a DPO destinations. respective price tier printed on the piece Sunday or holiday, there is a premium d. Large flat-rate box to domestic or produced as part of the meter imprint (see Notice 123—Price List), unless destinations. or PC Postage indicia. The cubic tiers paying via an Express Mail Manifesting Agreement. Customers not desiring The large flat-rate box to APO/FPO are determined by the cubic measurement of each mailpiece up to delivery on a Sunday or a holiday may and DPO destinations or ‘‘special avoid the premium by opting for version of this box’’ is priced less than the defined threshold, (i.e. measurements from .01 up to .10— guaranteed delivery on the subsequent the conventional domestic large flat-rate delivery day. box. Items sent to APO/FPO and DPO ’’Cubic .10’’ and from .101 up to .20— ‘‘Cubic .20’’). Place the marking directly [Delete 1.7.1 and 1.7.2 in their entirety destination addresses may be shipped in and revise 1.7 as follows:] the Priority Mail large flat-rate box or in above, directly below, or to the left of a special version of the box identified the postage. Approved markings are as 1.7 Pickup on Demand follows: with the additional logo: The Pickup on Demand fee is charged ‘‘Americasupportsyou.mil.’’ If the a. ‘‘Cubic .10’’ every time pickup service is provided, special version of the APO/FPO flat-rate b. ‘‘Cubic .20’’ regardless of the number of pieces box is used for non-APO/FPO and DPO c. ‘‘Cubic .30’’ picked up. This service may be destination addresses, the domestic or d. ‘‘Cubic .40’’ combined with Priority Mail and international large flat-rate box prices e. ‘‘Cubic .50’’ Package Services pickups (see 507.6.0). will apply. Only USPS-produced flat- See Notice 123—Price List. rate boxes are eligible for the flat-rate 2.3 Priority Mail Commercial Plus [Delete 1.8.1 and 1.8.2 in their entirety box prices. Each USPS-produced Cubic Markings—Permit Imprint and revise 1.8 as follows:] Priority Mail flat-rate box is charged a flat rate regardless of the actual weight Priority Mail permit imprint pieces 1.8 Delivery Stop (up to 70 pounds) of the mailpiece or claiming the commercial plus cubic Express Mail Custom Designed items domestic destination. See Notice 123— price must bear the applicable marking are subject to an additional fee for each Price List for applicable prices. that reflects the respective price tier, delivery stop for items presented for printed on the piece or produced as part delivery to addressee. See the Notice 1.6 Prices for Keys and Identification of the permit imprint indicia. Place the 123—Price List. Devices marking directly above, directly below, or to the left of the postage. Approved * * * * * [Revise 1.6 by deleting table and markings are as follows: 420 Priority Mail footnotes and adding a sentence as a. Cubic follows:] 423 Prices and Eligibility b. CUBIC Keys and identification devices are 1.0 Prices and Fees * * * * * charged an associated fee plus the 1.1 Price Application applicable First-Class Mail or Priority 410 Express Mail Mail price. See Notice 123—Price List. [Revise the paragraph of 1.1 as 413 Prices and Eligibility follows:] * * * * * 1.0 Prices and Fees The following price applications 1.8 Pickup on Demand Fee apply: * * * * * a. Except commercial plus items The Pickup on Demand fee is charged 1.5 Flat-Rate Envelope weighing up to 0.5 pound (see 1.1.c) and per occurrence regardless of the number commercial plus cubic items (see 1.1d), of packages and may be combined with [Revise 1.5 by removing prices and Priority Mail mailpieces are charged per Express Mail, Package Services, and providing link to flat-rate envelope pound; any fraction of a pound is international mail pickups (see 507.6.0). commercial base and plus prices in rounded up to the next whole pound. See Notice 123—Price List for applicable price list as follows:] For example, if a piece weighs 1.2 prices. Material mailed in the USPS-provided pounds, the weight (postage) increment * * * * * Express Mail flat-rate envelope is is 2 pounds. charged a flat price, regardless of the b. Flat-rate prices are not based on 400 Commercial Parcels actual weight (up to 70 pounds) of the weight and zone but are charged a flat * * * * * piece or its domestic destination. Only rate regardless of actual weight (up to 70 USPS-produced flat-rate envelopes are pounds) of the mailpiece and domestic 402 Elements on the Face of a eligible for the flat-rate envelope price. destination. Mailpiece Custom Designed items are not eligible c. The minimum postage amount per * * * * * for flat-rate pricing. When sealing a flat- addressed piece is the 1-pound price rate envelope, the container flaps must except commercial plus items weighing 2.0 Placement and Content of be able to close within the normal folds. up to 0.5 pound. Charge the 0.5-pound Markings Tape may be applied to the flaps and price for commercial plus items up to seams to reinforce the container 0.5 pound. Items over 0.5 pound are [Renumber current 2.1 through 2.5 as provided the design of the container is rounded up to the next whole pound. 2.3 through 2.8 and add new 2.2 and 2.3 not enlarged by opening the sides, and For example, if a commercial plus piece as follows:] the container is not reconstructed in any weighs 0.25 pound, the weight (postage) * * * * * way. See Notice 123—Price List. increment is 0.5 pound; if a piece
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weighs 0.75 pound, the weight (postage) a. Measure the length, width, and destination addresses, the domestic or increment is 1 pound; if a piece weighs height in inches. Round off (see 604.7.0) international large flat-rate box prices 1.2 pounds, the weight (postage) each measurement to the nearest whole will apply. Only USPS-produced flat- increment is 2 pounds. inch. rate boxes are eligible for the flat-rate d. Commercial cubic prices are not b. Multiply the length by the width by box prices. Each USPS-produced based on weight but are charged per the height and divide by 1728. Priority Mail flat-rate box is charged a cubic measurement of the mailpiece and [Example: 6 × 6 × 6 = 216 divided by flat rate regardless of the actual weight zone. 1728 = .125; this piece exceeds .10 (Tier (up to 70 pounds) of the mailpiece or e. Priority Mail items mailed under a 1 threshold). It will be calculated at Tier domestic destination. See Notice 123— specific customer agreement are charged 2 prices—.101 to .20.] Price List for applicable prices. according to the individual agreement. 1.4.4 New Priority Mail Customers 1.8 Pickup on Demand Fee * * * * * Commercial plus cubic prices are [Revise renumbered 1.8 by removing 1.4 Commercial Plus Cubic available for new Priority Mail price and providing link to price list as 1.4.1 Existing Priority Mail Customers customers who have a customer follows:] The Pickup on Demand fee is charged Commercial plus cubic prices are commitment agreement with the USPS. Shippers must contact their account per occurrence. This service may be available to existing Priority Mail combined with Express Mail, Package customers who meet the following manager or the manager, Sales and Communication, Expedited Shipping Services, and international mail pickups requirements: (see 507.6.0). See Notice 123—Price List. a. Registered end-users of USPS- (see 608.8.0 for address) for additional approved PC Postage products who information. * * * * * qualify for commercial base prices and * * * * * 425 Mail Preparation whose account volumes exceed 250,000 1.7 Flat-Rate Envelopes and Boxes * * * * * pieces in the previous calendar year or who have a customer commitment 1.7.1 Flat-Rate Envelopes—Price and 2.0 Marking Eligibility agreement with the USPS (see 1.3.2). * * * * * b. Permit imprint customers who [Revise renumbered 1.7.1 by removing [Add new 2.3 and 2.4 as follows:] qualify for commercial base prices and prices and modifying the paragraph as 2.3 Price Marking for Commercial whose account volumes exceed 250,000 follows:] Plus Cubic Prices—PC Postage pieces in the previous calendar year or There are two types of USPS- who have a customer commitment produced Priority Mail flat-rate Priority Mail pieces claiming the agreement with the USPS (see 1.3.2). envelopes: A paper envelope and a commercial plus cubic price must bear Customers are required to use the padded envelope (for commercial plus the appropriate marking that reflects the Electronic Verification System (eVS) only). Each type of USPS-produced respective price tier printed on the piece program or submit an electronic postage Priority Mail flat-rate envelope is priced or produced as part of the meter imprint statement with a computerized manifest at a flat rate regardless of the actual or PC Postage indicia. The ranges are under 705.2.0. Mailings must contain at weight (up to 70 pounds) of the determined by pieces measuring up to least 200 pieces or 50 pounds of mail. mailpiece or domestic destination. See the threshold, i.e. pieces from .01 up to Mailpieces are not required to be the Notice 123—Price List for applicable .10, from .101 up to .20, etc. Place the identical in weight. prices. marking directly above, directly below, c. Each mailpiece must measure .50 or to the left of the postage. Markings cubic foot or less, weigh 20 pounds or 1.7.2 Flat-Rate Boxes—Price and are as follows: less, and not exceed maximum girth and Eligibility a. ‘‘Cubic .10’’ length standards for parcels. [Revise the text of 1.7.2, as follows:] b. ‘‘Cubic .20’’ d. Mailings containing multiple price For shipping convenience, there are c. ‘‘Cubic .30’’ tiers may be combined in the same multiple Priority Mail flat-rate boxes: d. ‘‘Cubic .40’’ e. ‘‘Cubic .50’’ container. a. Small flat-rate box to domestic, 1.4.2 Commercial Plus Cubic Tiers APO/FPO, and DPO destinations. 2.4 Price Marking for Commercial b. Regular/medium flat-rate boxes Plus Cubic Prices—Permit Imprint For prices, see the Notice 123—Price (FRB–1) or (FRB–2) to domestic, APO/ Indicia List. Cubic prices consist of the FPO and DPO destinations. Priority Mail pieces claiming the following five tiers: c. Large flat-rate box or ‘‘special a. Tier 1—mailpieces measuring up to commercial plus cubic price must bear version of this box’’ to APO/FPO and .10 cubic foot the appropriate marking that reflects the b. Tier 2—mailpieces measuring more DPO destinations. respective price tier, printed on the than .10 up to .20 cubic foot d. Large flat-rate box to domestic piece or produced as part of the permit c. Tier 3—mailpieces measuring more destinations. imprint indicia. Place the marking than .20 up to .30 cubic foot The large flat-rate box to APO/FPO directly above, directly below, or to the d. Tier 4—mailpieces measuring more and DPO destinations or ‘‘special left of the postage. Markings are as than .30 up to .40 cubic foot version of this box’’ is priced less than follows: e. Tier 5—mailpieces measuring more the conventional domestic large flat-rate a. Cubic than .40 up to .50 cubic foot box. Items sent to APO/FPO and DPO b. CUBIC destination addresses may be shipped in * * * * * 1.4.3 Determining Cubic Tier the Priority Mail large flat-rate box or in Measurements for Rectangular and a special version of the box identified 450 Parcel Select Nonrectangular Parcels with the additional logo: 453 Prices and Eligibility Follow these steps to determine the ‘‘Americasupportsyou.mil.’’ If the cubic tier measurement for rectangular special version of the APO/FPO flat-rate 1.0 Prices and Fees and nonrectangular parcels: box is used for non-APO/FPO and DPO * * * * *
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1.3 Annual Mailing Fee 6.0 Preparing Barcoded Machinable 9.1.3 Basic Qualified BRM [Revise the paragraph of 1.3 and Parcels [Revise 9.1.3, as follows:] provide link to price list, as follows:] * * * * * For basic qualified BRM, an annual An annual mailing fee is required for permit fee and annual account 6.2 Basic Standards Parcel Select destination entry mailings maintenance fee are required. A per- and must be paid once each 12-month Pieces must meet the applicable piece fee is applied to each mailpiece in period. This fee must be paid at each standards in 4.0 and the following addition to the applicable First-Class Post Office of mailing by or for any criteria: Mail QBRM postage. See Notice 123— mailer who enters mailings at the [Revise item ‘‘a’’ of 6.2 as follows:] Price List for applicable prices and fees. destination entry level. All destination a. Must be part of a mailing of at least entry prices (DBMC, DSCF, and DDU) 50 Parcel Select pieces, except barcoded 9.1.4 High-Volume Qualified BRM are covered under the payment of a nonpresorted parcels when postage is [Revise 9.1.4, as follows:] single annual fee per office of mailing. paid using USPS-approved PC Postage For high-volume qualified BRM, an During the last 60 days of the current which does not require a minimum annual permit fee, an annual account service period, advance payment of the volume. maintenance fee, and a quarterly fee are annual mailing fee may be remitted for * * * * * required. A per-piece fee is applied to the subsequent 12-month period only. 500 Additional Services each mailpiece in addition to the The established annual mailing fee in applicable First-Class Mail QBRM effect at the time of remittance will be * * * * * postage. See Notice 123—Price List for assessed. See Notice 123—Price List for 507 Mailer Services applicable prices and fees. applicable annual mailing fees. * * * * * 9.1.5 Bulk Weight Averaged * * * * * Nonletter-Size BRM 3.0 Premium Forwarding Service 2.0 Content Standards [Revise 9.1.5, as follows:] 3.1 Prices and Fees 2.1 Definition of Parcel Select For bulk weight average nonletter-size 3.1.1 Application Fee [Revise paragraph of 2.1 as follows:] BRM, an annual permit fee, an annual Parcel Select is a Shipping Services [Revise 3.1.1 by removing price and account maintenance fee (for advanced ground product using permit imprint or providing link to price list, as follows:] deposit accounts), and a monthly fee are metered postage when mailing 50 or Customers must pay a nonrefundable required. A per-piece fee is applied to more packages. When postage is paid application fee. See Notice 123—Price each mailpiece in addition to the using USPS-approved PC Postage in List for applicable fee. applicable First-Class Mail or Priority Mail postage. See Notice 123—Price List conjunction with barcoded 3.1.2 Weekly Reshipment Charge nonpresorted mailings there is no for applicable prices and fees. minimum volume. [Revise 3.1.2 by removing price, providing a link to the price list, and 9.2 Qualified Business Reply Mail * * * * * modifying the last sentence, as follows:] (QBRM) Prices 3.3 Parcel Select Barcoded Nonpresort There is a reshipment charge for each 9.2.1 Cards Priority Mail shipment to one temporary Price Eligibility [Revise 9.2.1, as follows:] address for each week of service [Revise 3.3 by revising paragraph and See Notice 123—Price List for QBRM requested. Upon submission of the by adding new items ‘‘a, b, and c’’ as application, the amount due for the total card prices and fees. follows:] weeks requested must be paid in full. Parcel Select Barcoded Nonpresort 9.2.2 Letters See Notice 123—Price List for the per piece prices apply to Parcel Select [Revise 9.2.2 (delete chart), as applicable fee. machinable parcels that are barcoded. follows:] See Exhibit 3.3, BMC/ASF Service * * * * * See Notice 123—Price List for QBRM Areas. The barcoded nonpresort price 9.0 Business Reply Mail (BRM) letter prices and fees. requires a minimum volume of 50 * * * * * Parcel Select pieces, except when 9.1 Business Reply Mail (BRM) Prices and Fees postage is paid using USPS-approved 11.0 Merchandise Return Service PC Postage which doesn’t require a 9.1.1 Basic BRM 11.1 Prices and Fees minimum volume of mailpieces. [Revise 9.1.1, as follows:] 11.1.1 Permit Fee Machinable parcels (401.1.5) must bear For basic BRM, an annual permit fee a GS1–128 barcode under 708.5.0 for the is required. A per-piece fee is applied to [Delete the first sentence and revise ZIP Code of the delivery address under each mailpiece in addition to the the second sentence of 11.1.1 by any of the following conditions: applicable First-Class Mail or Priority removing prices and providing link to a. The mailing contains a minimum Mail postage. See Notice 123—Price List price as follows:] volume of 50 or more pieces. for applicable prices and fees. An annual permit fee must be paid b. The mailing is prepared as part of once each 12-month period at each Post a combined mailing of 300 or more 9.1.2 High-Volume BRM Office where a Merchandise Return pieces under 705.20.0 in other than 5- [Revise 9.1.2, as follows:] Service (MRS) permit is held. See digit containers. For high-volume BRM, an annual Notice 123—Price List for the applicable c. The postage is paid using USPS- permit fee and annual account fee. * * * approved PC Postage and the mailing is maintenance fee are required. A per- less than 50 pieces. piece fee is applied to each mailpiece in 11.1.2 Advance Deposit Account and Account Maintenance Fee * * * * * addition to the applicable First-Class Mail or Priority Mail postage. See Notice [Revise the first sentence of 11.1.2 by 455 Mail Preparation 123—Price List for applicable prices and removing prices and providing link to * * * * * fees. price as follows:]
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There is an annual account 2.1.2 APO/FPO Priority Mail Flat-Rate provisions to be added are contained in maintenance fee for the advance deposit Boxes a Federal consent decree. In addition, account (see Notice 123—Price List). [Revise the text of 2.1.2, as follows:] Indiana has removed expired sulfur *** For shipping convenience, there are dioxide emission limits from its * * * * * multiple Priority Mail flat-rate boxes: regulations. These requirements are consistent with section 110 of the Clean 12.0 Bulk Parcel Return Service a. Small flat-rate box to domestic, APO/FPO, and DPO destinations. Air Act as revisions to the Indiana State 12.1 Bulk Parcel Return Service b. Regular/medium flat-rate boxes Implementation Plan (SIP). (BPRS) Fees (FRB–1) or (FRB–2) to domestic, APO/ DATES: This direct final rule will be 12.1.1 Permit Fee FPO and DPO destinations. effective January 11, 2010, unless EPA c. Large flat-rate box or ‘‘special receives adverse comments by [Revise text of 12.1.1 by removing version of this box’’ to APO/FPO and December 10, 2009. If adverse prices and providing link to price as DPO destinations. comments are received, EPA will follows:] d. Large flat-rate box to domestic publish a timely withdrawal of the An annual permit fee is required. See destinations. direct final rule in the Federal Register Notice 123—Price List for applicable fee. The large flat-rate box to APO/FPO informing the public that the rule will 12.1.2 Account Maintenance Fee and DPO destinations or ‘‘special not take effect. ADDRESSES: [Revise text of 12.1.2 by removing version of this box’’ is priced less than Submit your comments, prices and providing link to price as the conventional domestic large flat-rate identified by Docket ID No. EPA–R05– follows:] box. Items sent to APO/FPO and DPO OAR–2008–0783, by one of the An annual account maintenance fee is destination addresses may be shipped in following methods: required. See Notice 123—Price List for the Priority Mail large flat-rate box or in 1. http://www.regulations.gov: Follow applicable fee. a special version of the box identified the on-line instructions for submitting with the additional logo: comments. 12.1.3 Per Piece Charge ‘‘Americasupportsyou.mil.’’ If the 2. E-mail: [email protected]. [Revise text of 12.1.3 by removing special version of the APO/FPO flat-rate 3. Fax: (312) 692–2551. prices and providing link to price as box is used for non-APO/FPO and DPO 4. Mail: John M. Mooney, Chief, follows:] destination addresses, the domestic or Criteria Pollutant Section, Air Programs There is a per piece charge for each international large flat-rate box prices Branch (AR–18J), U.S. Environmental mailpiece returned, regardless of will apply. Only USPS-produced flat- Protection Agency, 77 West Jackson weight. See Notice 123—Price List for rate boxes are eligible for the flat-rate Boulevard, Chicago, Illinois 60604. applicable fee. box prices. Each USPS-produced 5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant Section, Air * * * * * Priority Mail flat-rate box is charged a flat rate regardless of the actual weight Programs Branch (AR–18J), U.S. 13.0 Parcel Return Service (up to 70 pounds) of the mailpiece or Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, * * * * * domestic destination. See Notice 123— Price List for applicable prices. Illinois 60604. Such deliveries are only 13.2 Postage and Fees * * * * * accepted during the Regional Office * * * * * normal hours of operation, and special Stanley F. Mires, arrangements should be made for 13.2.2 Permit Fee Chief Counsel, Legislative. deliveries of boxed information. The [Revise 13.2.2 by removing price and [FR Doc. E9–26986 Filed 11–5–09; 4:15 pm] Regional Office official hours of providing link to price list, as follows:] BILLING CODE 7710–12–P business are Monday through Friday, The participant must pay an annual 8:30 a.m. to 4:30 p.m. excluding Federal permit fee at the Post Office where the holidays. PRS permit is held. See Notice 123— ENVIRONMENTAL PROTECTION Instructions: Direct your comments to Price List for applicable fee. AGENCY Docket ID No. EPA–R05–OAR–2008– 0783. EPA’s policy is that all comments 13.2.3 Advance Deposit Account and 40 CFR Part 52 received will be included in the public Annual Account Maintenance Fee docket without change and may be [EPA–R05–OAR–2008–0783; FRL–8971–9] [Revise 13.2.3 by removing price and made available online at http:// providing link to price list, as follows:] Approval and Promulgation of Air www.regulations.gov, including any The participant must pay postage Quality Implementation Plans; Indiana personal information provided, unless through an advance deposit account and the comment includes information pay an annual account maintenance fee. AGENCY: Environmental Protection claimed to be Confidential Business See Notice 123—Price List for applicable Agency (EPA). Information (CBI) or other information fee. ACTION: Direct final rule. whose disclosure is restricted by statute. * * * * * Do not submit information that you SUMMARY: EPA is approving sulfur consider to be CBI or otherwise 700 Special Standards dioxide, particulate matter (PM), and protected through http:// 703 Nonprofit Standard Mail and nitrogen oxides emission limitations www.regulations.gov or e-mail. The Other Unique Eligibility and related requirements for the http://www.regulations.gov Web site is Southern Indiana Gas and Electric an ‘‘anonymous access’’ system, which * * * * * Company’s F.B. Culley Generating means EPA will not know your identity 2.0 Overseas Military Mail Station (Culley Station). Indiana or contact information unless you requested a revision to its State provide it in the body of your comment. 2.1 Basic Standards Implementation Plan (SIP) on If you send an e-mail comment directly * * * * * September 11, 2008. Most of the to EPA without going through http://
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www.regulations.gov your e-mail Agency, Region 5, 77 West Jackson revised sulfur dioxide requirements to address will be automatically captured Boulevard, Chicago, Illinois 60604, 326 IAC 7–4–10; and new nitrogen and included as part of the comment (312) 886–6524, [email protected]. oxide limits as 326 IAC 10–6–1. This that is placed in the public docket and SUPPLEMENTARY INFORMATION: includes continuous monitoring for made available on the Internet. If you Throughout this document whenever sulfur dioxide and nitrogen oxide submit an electronic comment, EPA ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean emissions, added to 326 IAC 7–4–10 recommends that you include your EPA. This supplementary information and 326 IAC 10–6–1, respectively. name and other contact information in section is arranged as follows: Under 326 IAC 6–7–1, SIGECO must the body of your comment and with any utilize an electrostatic precipitator (ESP) I. Background disk or CD–ROM you submit. If EPA II. What Is EPA Approving? to control Unit 2 emissions and a cannot read your comment due to III. What Is EPA’s Analysis of the Revisions? baghouse to control Unit 3 emissions. technical difficulties and cannot contact IV. What Is the Environmental Effect of this Unit 3 must also meet a 0.015 pound per you for clarification, EPA may not be Action? million BTUs PM limit. able to consider your comment. V. What Action Is EPA Taking? Revised 326 IAC 7–4–10 requires Electronic files should avoid the use of VI. Statutory and Executive Order Reviews SIGECO to improve its flue gas special characters, any form of desulfurization (FGD) system to at least encryption, and be free of any defects or I. Background a 95 percent sulfur dioxide removal viruses. Southern Indiana Gas and Electric efficiency. The FGD must be operated Docket: All documents in the docket Company (SIGECO) operates the Culley whenever a unit burns coal. SIGECO are listed in the http:// Station, a coal-fired power plant, in must use a low sulfur content coal for www.regulations.gov index. Although Warrick County, Indiana.1 To resolve Unit 2 should there be an unplanned listed in the index, some information is without litigation violations of FGD outage. Using low sulfur coal not publicly available, e.g., CBI or other Prevention of Significant Deterioration should help to minimize sulfur dioxide information whose disclosure is provisions, New Source Performance emissions until the FGD operation is restricted by statute. Certain other Standards, and the Indiana SIP, SIGECO restored. Indiana also removed from the material, such as copyrighted material, agreed in a June 2003 Federal consent rule alternative sulfur dioxide emissions will be publicly available only in hard decree, to (among other things) install scenarios that no longer apply. copy. Publicly available docket and operate sulfur dioxide, particulate Indiana added nitrogen oxides materials are available either matter, and nitrogen oxides control emission limits for Unit 3 as 326 IAC electronically in http:// equipment and continuous emission 10–6–1. Unit 3 must meet an emission www.regulations.gov or in hard copy at monitoring systems (CEMS). See U.S. v. limit of 0.100 pounds of nitrogen oxides the Environmental Protection Agency, SIGECO, Civil Action number IP99– per million BTUs. SIGECO is also Region 5, Air and Radiation Division, 77 1692 C–M/F. Indiana has requested that required to operate selective catalytic West Jackson Boulevard, Chicago, these requirements for the Culley reduction technology (SCR) whenever Illinois 60604. This Facility is open Station be incorporated into its SIP.2 the unit operates. from 8:30 a.m. to 4:30 p.m., Monday Culley Station Unit 1 permanently shut In addition, Indiana removed expired through Friday, excluding legal down on December 16, 2006. sulfur dioxide emission limits for holidays. We recommend that you Warrick County in 326 IAC 7–4–10. telephone Matt Rau, Environmental II. What Is EPA Approving? Engineer, at (312) 886–6524 before EPA is approving revisions to the III. What Is EPA’s Analysis of the visiting the Region 5 office. sulfur dioxide, PM, and nitrogen oxide Revisions? FOR FURTHER INFORMATION CONTACT: Matt SIP for the Culley Station facility. The consent decree conditions and Rau, Environmental Engineer, Criteria Indiana has added: new PM the corresponding Indiana rule Pollutant Section, Air Programs Branch requirements as 326 Indiana incorporating the condition are (AR–18J), Environmental Protection Administrative Code (IAC) 6–7–1; summarized in Table 1.
TABLE 1
Applicable unit(s) Consent decree provision Indiana rule
1 ...... Re-power or retire Unit 1 (36) ...... Unit 1 permanently shut down. 1 3 ...... NOX: 0.100 lb/MMBTU (39) ...... 326 IAC 10–6–1 (1). 3 ...... NOX: requires SCR operation at all times (41) ...... 326 IAC 10–6–1 (2). 3 ...... NOX: use a CEMS to monitor (45) ...... 326 IAC 10–6–1 (3). 2 2, 3 ...... SO2: FGD- 95% efficiency (47) ...... 326 IAC 7–4–10 (a)(1)(E). 2, 3 ...... SO2: run FGD at all times(48) ...... 326 IAC 7–4–10 (a)(1)(F). 2, 3 ...... SO2: use compliance coal during unplanned FGD out- 326 IAC 7–4–10 (a)(1)(F). age (49). 2 ...... PM: run ESP at all times coal is burned (61) ...... 326 IAC 6–7–1 (2). 3 ...... PM: install baghouse, 0.015 lb/MMBTU limit (62) ...... 326 IAC 6–7–1 (1)(A). 3 ...... PM: operate baghouse at all times coal is burned(63) .. 326 IAC 6–7–1 (1)(B). 3 ...... PM: use 40 CFR 60, Method 5 (65) ...... 326 IAC 6–7–1 (1)(C). 1 30-day rolling average emission rate. 2 30-day rolling average SO2 removal efficiency using CEMS data from the control device inlet and outlet.
1 SIGECO is a wholly-owned subsidiary of 2 EPA is making no finding in this notice as to compliance with any provision of the Consent Vectren Corporation. whether Indiana’s submission constitutes SIGECO’s Decree.
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The requirements in 326 IAC 6–7–1 nitrogen oxides emission limits and affect small governments, as described and 326 IAC 10–6–1 for fine particulate other control requirements for SIGECO’s in the Unfunded Mandates Reform Act matter and nitrogen oxides, Culley Generating Station are more of 1995 (Pub. L. 104–4); respectively, are expected to reduce stringent than the previous applicable • Does not have Federalism emissions and thus benefit air quality. limits and should result in overall implications as specified in Executive The current sulfur dioxide emission environmental improvement. Therefore, Order 13132 (64 FR 43255, August 10, limits remain unchanged in this SIP EPA is approving 326 IAC 6–7–1, 7–4– 1999); revision. Indiana added the consent 10, and 10–6–1 into the Indiana SIP. • Is not an economically significant decree conditions requiring SIGECO to We are publishing this action without regulatory action based on health or maintain a sulfur dioxide removal prior proposal because we view this as safety risks subject to Executive Order efficiency of at least ninety-five percent a noncontroversial amendment and 13045 (62 FR 19885, April 23, 1997); (30-day rolling average) from its control anticipate no adverse comments. • Is not a significant regulatory action device to its SIP in 326 IAC 7–4–10 However, in the proposed rules section subject to Executive Order 13211 (66 FR (a)(1)(E). In addition, SIGECO must of this Federal Register publication, we 28355, May 22, 2001); • operate the FGD, its sulfur dioxide are publishing a separate document that Is not subject to requirements of control device, at all times coal is will serve as the proposal to approve the Section 12(d) of the National burned in the units. The removal State plan if relevant adverse written Technology Transfer and Advancement efficiency standard and operating comments are filed. This rule will be Act of 1995 (15 U.S.C. 272 note) because requirement for the FGD will help to effective January 11, 2010 without application of those requirements would minimize sulfur dioxide emissions. In further notice unless we receive relevant be inconsistent with the Clean Air Act; adverse written comments by December and addition to the control requirement • revisions on SIGECO Culley, sulfur 10, 2009. If we receive such comments, Does not provide EPA with the dioxide emission limits that are no we will withdraw this action before the discretionary authority to address, as longer pertinent were also removed. effective date by publishing a appropriate, disproportionate human The revisions to the Indiana rules subsequent document that will health or environmental effects, using adding the sulfur dioxide, particulate withdraw the final action. All public practicable and legally permissible matter, and nitrogen oxides emission comments received will then be methods, under Executive Order 12898 limitations for SIGECO Culley Indiana addressed in a subsequent final rule (59 FR 7629, February 16, 1994). also removed expired sulfur dioxide based on the proposed action. The EPA In addition, this rule does not have emission limits from 326 IAC 7–4–10 will not institute a second comment Tribal implications as specified by leaving just the current emission limits period. Any parties interested in Executive Order 13175 (65 FR 67249, which clarifies the rule. Therefore, EPA commenting on this action should do so November 9, 2000), because the SIP is is approving the revisions to the Indiana at this time. If we do not receive any not approved to apply in Indian country SIP. comments, this action will be effective located in the State, and EPA notes that January 11, 2010. it will not impose substantial direct IV. What Is the Environmental Effect of costs on Tribal governments or preempt This Action? VI. Statutory and Executive Order Tribal law. The revisions for SIGECO Culley Reviews The Congressional Review Act, 5 strengthen the particulate matter, sulfur Under the Clean Air Act, the U.S.C. 801 et seq., as added by the Small dioxide, and nitrogen oxides emission Administrator is required to approve a Business Regulatory Enforcement limits. Indiana expects a reduction in SIP submission that complies with the Fairness Act of 1996, generally provides sulfur dioxide, nitrogen oxide, and provisions of the Clean Air Act and that before a rule may take effect, the particulate matter emissions from applicable Federal regulations. 42 agency promulgating the rule must SIGECO Culley resulting from the U.S.C. 7410(k); 40 CFR 52.02(a). Thus, submit a rule report, which includes a revisions. in reviewing SIP submissions, EPA’s copy of the rule, to each House of the Sulfur dioxide in the atmosphere can role is to approve State choices, Congress and to the Comptroller General aggravate respiratory and cardiovascular provided that they meet the criteria of of the United States. EPA will submit a disease. Sulfur dioxide emissions also the Clean Air Act. Accordingly, this report containing this action and other contribute to acid rain and fine action merely approves State law as required information to the U.S. Senate, particulate matter formation. Nitrogen meeting Federal requirements and does the U.S. House of Representatives, and oxides participate in atmospheric not impose additional requirements the Comptroller General of the United reactions forming fine particulate matter beyond those imposed by State law. For States prior to publication of the rule in and ground level ozone. that reason, this action: the Federal Register. A major rule In addition to the particulate • Is not a ‘‘significant regulatory cannot take effect until 60 days after it precursor emission reductions from the action’’ subject to review by the Office is published in the Federal Register. more stringent rules, particulate matter of Management and Budget under This action is not a ‘‘major rule’’ as emissions directly to the atmosphere are Executive Order 12866 (58 FR 51735, defined by 5 U.S.C. 804(2). expected to be reduced by the control October 4, 1993); Under section 307(b)(1) of the Clean device upgrade and tightened emission • Does not impose an information Air Act, petitions for judicial review of limits at the Culley Station’s Unit 3. collection burden under the provisions this action must be filed in the United Particulate matter in the atmosphere is of the Paperwork Reduction Act (44 States Court of Appeals for the known to harm health by decreasing U.S.C. 3501 et seq.); appropriate circuit by January 11, 2010. lung function and aggravating • Is certified as not having a Filing a petition for reconsideration by respiratory ailments. significant economic impact on a the Administrator of this final rule does substantial number of small entities not affect the finality of this action for V. What Action Is EPA Taking? under the Regulatory Flexibility Act (5 the purposes of judicial review nor does EPA is approving revisions to the U.S.C. 601 et seq.); it extend the time within which a Indiana SIP submitted on September 11, • Does not contain any unfunded petition for judicial review may be filed, 2008. The PM, sulfur dioxide, and mandate or significantly or uniquely and shall not postpone the effectiveness
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of such rule or action. Parties with Station, a power plant located in (SCAQMD) portions of the California objections to this direct final rule are Warrick County, Indiana. State Implementation Plan (SIP). These encouraged to file a comment in (i) Incorporation by reference. revisions were proposed in the Federal response to the parallel notice of (A) Indiana Administrative Code Title Register on June 26, 2009, and concern proposed rulemaking for this action 326: Air Pollution Control Board, particulate matter (PM) emissions from published in the proposed rules section Article 6: Particulate Rules, Rule 7: open burning, wood burning fireplaces of today’s Federal Register, rather than Particulate Matter Emission Limitations and heaters, and the storage, handling, file an immediate petition for judicial for Southern Indiana Gas and Electric and transportation of coke, coal, and review of this direct final rule, so that Company, Section 1: ‘‘Southern Indiana sulfur. We are approving local rules that EPA can withdraw this direct final rule Gas and Electric Company (SIGECO)’’; regulate these emission sources under and address the comment in the Article 7: Sulfur Dioxide Rules, Rule 4: the Clean Air Act as amended in 1990 proposed rulemaking. This action may Emission Limitations and Requirements (CAA or the Act). by County, Section 10: ‘‘Warrick County not be challenged later in proceedings to DATES: sulfur dioxide emission limitations’’; Effective Date: This rule is enforce its requirements. (See section effective on December 10, 2009. 307(b)(2).) and Article 10: Nitrogen Oxides Rules, Rule 6: Nitrogen Oxides Emission ADDRESSES: EPA has established docket List of Subjects in 40 CFR Part 52 Limitations for Southern Indiana Gas number EPA–R09–OAR–2009–0272 for Environmental protection, Air and Electric Company, Section 1: this action. The index to the docket is pollution control, Incorporation by ‘‘Southern Indiana Gas and Electric available electronically at http:// reference, Intergovernmental relations, Company (SIGECO)’’. www.regulations.gov and in hard copy Nitrogen dioxide, Ozone, Particulate Filed with the Secretary of State on at EPA Region IX, 75 Hawthorne Street, matter, Reporting and recordkeeping July 31, 2008 and effective on August San Francisco, California. While all requirements, Sulfur oxides. 30, 2008. Published in Indiana Register documents in the docket are listed in Dated: October 13, 2009. 326070309 on August 28, 2008, LSA the index, some information may be Document #07–309(F). Walter W. Kovallivk Jr., publicly available only at the hard copy location (e.g., copyrighted material), and Acting Regional Administrator, Region 5. [FR Doc. E9–26936 Filed 11–9–09; 8:45 am] some may not be publicly available in BILLING CODE 6560–50–P ■ 40 CFR part 52 is amended as follows: either location (e.g., CBI). To inspect the hard copy materials, please schedule an PART 52—[AMENDED] ENVIRONMENTAL PROTECTION appointment during normal business ■ 1. The authority citation for part 52 AGENCY hours with the contact listed in the FOR continues to read as follows: FURTHER INFORMATION CONTACT section. 40 CFR Part 52 Authority: 42 U.S.C. 7401 et seq. FOR FURTHER INFORMATION CONTACT: Mae [EPA–R09–OAR–2009–0272; FRL–8970–4] Wang, EPA Region IX, (415) 947–4124, Subpart P—Indiana [email protected]. Revisions to the California State ■ 2. Section 52.770 is amended by Implementation Plan, San Joaquin SUPPLEMENTARY INFORMATION: adding paragraph (c)(190) to read as Valley Unified Air Pollution Control Throughout this document, ‘‘we,’’ ‘‘us’’ follows: District and South Coast Air Quality and ‘‘our’’ refer to EPA. § 52.770 Identification of plan. Management District Table of Contents * * * * * AGENCY: Environmental Protection I. Proposed Action (c) * * * Agency (EPA). II. Public Comments and EPA Responses (190) On September 11, 2008, Indiana ACTION: Final rule. III. EPA Action submitted a revision to its SIP. The IV. Statutory and Executive Order Reviews revisions add particulate matter, sulfur SUMMARY: EPA is finalizing approval of I. Proposed Action dioxide, and nitrogen oxides control revisions to the San Joaquin Valley and emission limitations on the Unified Air Pollution Control District On June 26, 2009, (74 FR 30485), EPA Southern Indiana Gas and Electric (SJVUAPCD) and South Coast Air proposed to approve the following rules Company’s F.B. Culley Generating Quality Management District into the California SIP:
Local agency Rule # Rule title Amended Submitted
SJVUAPCD ...... 4103 Open Burning...... 05/17/07 04/06/09 SJVUAPCD ...... 4901 Wood Burning Fireplaces and Wood Burning 10/16/08 12/23/08 Heaters. SCAQMD ...... 1158 Storage, Handling, Transport of Coke, Coal and 07/11/08 12/23/08 Sulfur.
We proposed to approve these rules II. Public Comments and EPA III. EPA Action because we determined that they Responses complied with the relevant CAA No comments were submitted that requirements. Our proposed action EPA’s proposed action provided a 30- change our assessment that the contains more information on the rules day public comment period. During this submitted rules comply with the and our evaluation. period, we did not receive any relevant CAA requirements. Therefore, comments. as authorized in section 110(k)(3) of the Act, EPA is fully approving these rules into the California SIP.
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IV. Statutory and Executive Order costs on tribal governments or preempt (i) * * * Reviews tribal law. (A) * * * The Congressional Review Act, 5 (2) Rule 4901, ‘‘Wood Burning Under the Clean Air Act, the U.S.C. 801 et seq., as added by the Small Fireplaces and Wood Burning Heaters,’’ Administrator is required to approve a Business Regulatory Enforcement amended on October 16, 2008. SIP submission that complies with the Fairness Act of 1996, generally provides provisions of the Act and applicable * * * * * that before a rule may take effect, the (B) South Coast Air Quality Federal regulations. 42 U.S.C. 7410(k); agency promulgating the rule must Management District. 40 CFR 52.02(a). Thus, in reviewing SIP submit a rule report, which includes a (1) Rule 1158, ‘‘Storage, Handling, submissions, EPA’s role is to approve copy of the rule, to each House of the and Transport of Coke, Coal and State choices, provided that they meet Congress and to the Comptroller General Sulfur,’’ amended July 11, 2008. the criteria of the Clean Air Act. of the United States. EPA will submit a Accordingly, this action merely * * * * * report containing this action and other (366) New and amended regulations approves State law as meeting Federal required information to the U.S. Senate, for the following agencies were requirements and does not impose the U.S. House of Representatives, and submitted on April 6, 2009, by the additional requirements beyond those the Comptroller General of the United Governor’s designee. imposed by State law. For that reason, States prior to publication of the rule in (i) Incorporation by reference. this action: (A) San Joaquin Valley Unified Air • Is not a ‘‘significant regulatory the Federal Register. A major rule cannot take effect until 60 days after it Pollution Control District. action’’ subject to review by the Office (1) Rule 4103, ‘‘Open Burning,’’ of Management and Budget under is published in the Federal Register. This action is not a ‘‘major rule’’ as amended May 17, 2007. Executive Order 12866 (58 FR 51735, * * * * * October 4, 1993); defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean • Does not impose an information [FR Doc. E9–26958 Filed 11–9–09; 8:45 am] Air Act, petitions for judicial review of collection burden under the provisions BILLING CODE 6560–50–P this action must be filed in the United of the Paperwork Reduction Act (44 States Court of Appeals for the U.S.C. 3501 et seq.); appropriate circuit by January 11, 2010. ENVIRONMENTAL PROTECTION • Is certified as not having a Filing a petition for reconsideration by AGENCY significant economic impact on a the Administrator of this final rule does substantial number of small entities not affect the finality of this action for 40 CFR Part 141 under the Regulatory Flexibility Act (5 the purposes of judicial review nor does U.S.C. 601 et seq.); [EPA–HQ–OW–2009–0707; FRL–8979–5] it extend the time within which a • Does not contain any unfunded petition for judicial review may be filed, Expedited Approval of Alternative Test mandate or significantly or uniquely and shall not postpone the effectiveness Procedures for the Analysis of affect small governments, as described of such rule or action. This action may Contaminants Under the Safe Drinking in the Unfunded Mandates Reform Act not be challenged later in proceedings to Water Act; Analysis and Sampling of 1995 (Pub. L. 104–4); Procedures • Does not have Federalism enforce its requirements (see section 307(b)(2)). implications as specified in Executive AGENCY: Environmental Protection Order 13132 (64 FR 43255, August 10, List of Subjects in 40 CFR Part 52 Agency (EPA). 1999); Environmental protection, Air ACTION: Final rule. • Is not an economically significant pollution control, Incorporation by SUMMARY: This action announces the regulatory action based on health or reference, Intergovernmental relations, safety risks subject to Executive Order Environmental Protection Agency’s Particulate matter, Reporting and (EPA’s) approval of alternative testing 13045 (62 FR 19885, April 23, 1997); recordkeeping requirements. • Is not a significant regulatory action methods for use in measuring the levels subject to Executive Order 13211 (66 FR Dated: September 18, 2009. of contaminants in drinking water and 28355, May 22, 2001); Jane Diamond, determining compliance with national • Is not subject to requirements of Acting Regional Administrator, Region IX. primary drinking water regulations. The Section 12(d) of the National ■ Part 52, Chapter I, Title 40 of the Code Safe Drinking Water Act (SDWA) authorizes EPA to approve the use of Technology Transfer and Advancement of Federal Regulations is amended as alternative testing methods through Act of 1995 (15 U.S.C. 272 note) because follows: application of those requirements would publication in the Federal Register. EPA be inconsistent with the Clean Air Act; PART 52—[AMENDED] is using this streamlined authority to and make 25 additional methods available ■ 1. The authority citation for Part 52 • Does not provide EPA with the for analyzing drinking water samples continues to read as follows: discretionary authority to address, as required by regulation. This expedited appropriate, disproportionate human Authority: 42 U.S.C. 7401 et seq. approach provides public water health or environmental effects, using systems, laboratories, and primacy practicable and legally permissible Subpart F—California agencies with more timely access to new methods, under Executive Order 12898 measurement techniques and greater ■ 2. Section 52.220 is amended by flexibility in the selection of analytical (59 FR 7629, February 16, 1994). adding paragraphs (c)(364)(i)(A)(2) and In addition, this rule does not have methods, thereby reducing monitoring (c)(364)(i)(B), and (c)(366) to read as costs while maintaining public health tribal implications as specified by follows: Executive Order 13175 (65 FR 67249, protection. November 9, 2000), because the SIP is § 52.220 Identification of plan. DATES: This action is effective not approved to apply in Indian country * * * * * November 10, 2009. located in the State, and EPA notes that (c) * * * FOR FURTHER INFORMATION CONTACT: Safe it will not impose substantial direct (364) * * * Drinking Water Hotline: (800) 426–4791
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or Patricia Snyder Fair, Technical contaminants in drinking water methods available for particular Support Center, Office of Ground Water samples. In addition, EPA Regions as drinking water contaminants beyond the and Drinking Water (MS 140), well as States and Tribal governments testing methods currently established in Environmental Protection Agency, 26 with authority to administer the the regulations. EPA is providing public West Martin Luther King Drive, regulatory program for public water water systems required to test water Cincinnati, OH 45268; telephone systems under SDWA may also measure samples with a choice of using either a number: (513) 569–7937; e-mail address: contaminants in water samples. When test procedure already established in the [email protected]. EPA sets a monitoring requirement in its existing regulations or an alternative test SUPPLEMENTARY INFORMATION: national primary drinking water procedure that has been approved in I. General Information regulations for a given contaminant, the this action. Categories and entities that Agency also establishes in the may ultimately be affected by this action A. Does This Action Apply to Me? regulations standardized test procedures include: Public water systems are the regulated for analysis of the contaminant. This entities required to measure action makes alternative testing
Category Examples of potentially regulated entities NAICS 1
State, Local, & Tribal Governments ...... States, local and Tribal governments that analyze water samples on behalf of public 924110 water systems required to conduct such analysis; States, local and Tribal govern- ments that themselves operate community and non-transient non-community water systems required to monitor. Industry ...... Private operators of community and non-transient non-community water systems re- 221310 quired to monitor. Municipalities ...... Municipal operators of community and non-transient non-community water systems 924110 required to monitor. 1 North American Industry Classification System.
This table is not exhaustive, but rather Abbreviations and Acronyms Used in II. Background provides a guide for readers regarding This Action A. What Is the Purpose of This Action? entities likely to be affected by this CFR: Code of Federal Regulations. In this action, EPA is approving 25 action. This table lists the types of DOC: Dissolved Organic Carbon. entities that EPA is now aware could DPD: N,N-Diethyl-p-phenylenediamine. analytical methods for determining potentially be affected by this action. E. coli: Escherichia coli. contaminant concentrations in samples Other types of entities not listed in the EPA: Environmental Protection Agency. collected under SDWA. Regulated parties required to sample and monitor table could also be impacted. To HAA5: Haloacetic Acids (five); Sum of may use either the testing methods determine whether your facility is Monochloroacetic Acid, Dichloroacetic Acid, Trichloroacetic Acid, already established in existing affected by this action, you should Monobromoacetic Acid, and Dibromoacetic regulations or the alternative testing carefully examine the applicability Acid. methods being approved in this action. language at 40 CFR 141.2 (definition of IC: Ion Chromatography. The new methods are listed in public water system). If you have IC–ESI–MS/MS: Ion Chromatography Appendix A to Subpart C in 40 CFR 141 Electrospray Ionization Tandem Mass questions regarding the applicability of and on EPA’s drinking water methods this action to a particular entity, consult Spectrometry. LED: Light Emitting Diode. Web site at http://www.epa.gov/ the person listed in the preceding FOR mg/L: Milligrams/Liter. safewater/methods/ FURTHER INFORMATION CONTACT section. MRL: Minimum Reporting Level. analyticalmethods_expedited.html. B. How Can I Get Copies of This NEMI: National Environmental Methods B. What Is the Basis for This Action? Index. Document and Other Related nm: Nanometers. When EPA determines that an Information? QC: Quality Control. alternative analytical method is SDWA: Safe Drinking Water Act. ‘‘equally effective’’ (i.e., as effective as a Docket. EPA established a docket for SUVA: Specific Ultraviolet Absorbance. this action under Docket ID No. EPA– method that has already been TOC: Total Organic Carbon. promulgated in the regulations), SDWA HQ–OW–2009–0707. Publicly available UV : Ultraviolet Absorbance at 254 254 allows EPA to approve the use of the docket materials are available either nanometers. alternative method through publication electronically through http:// Table of Contents in the Federal Register. (See Section www.regulations.gov or in hard copy at I. General Information 1401(1) of SDWA.) EPA is using this the Water Docket in the EPA Docket streamlined approval authority to make Center, (EPA/DC) EPA West, Room A. Does This Action Apply to Me? B. How Can I Get Copies of This Document 25 additional methods available for 3334, 1301 Constitution Ave., NW., and Other Related Information? determining contaminant Washington, DC. Copyrighted materials II. Background concentrations in samples collected are available only in hard copy. The A. What Is the Purpose of This Action? under SDWA. EPA has determined that, EPA Docket Center Public Reading B. What Is the Basis for This Action? for each contaminant or group of Room is open from 8:30 a.m. to 4:30 III. Summary of Approvals contaminants listed in Section III, the p.m., Monday through Friday, excluding A. Methods Developed by EPA B. Methods Developed by Voluntary additional testing methods being legal holidays. The telephone number Consensus Standard Bodies (VCSB) approved in this action are equally for the Public Reading Room is (202) C. Methods Developed by Vendors effective as one or more of the testing 566–1744, and the telephone number for IV. Statutory and Executive Order Reviews methods already established in the the Water Docket is (202) 566–2426. V. References regulations for those contaminants.
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Section 1401(1) states that the newly the tables at 40 CFR 141.74(a)(2) and 40 compliance monitoring analyses and are approved methods ‘‘shall be treated as CFR 141.131(c)(1). All of the methods listed in the tables at 40 CFR an alternative for public water systems are designed for grab sample analyses. 141.74(a)(2) and 40 CFR 141.131(c)(1). to the quality control and testing The regulation at 40 CFR 141.74(a)(2) The data from the 38 facilities procedures listed in the regulation.’’ also states, ‘‘Free and total chlorine demonstrate that on-line amperometric Accordingly, this action makes these residuals may be measured chlorine analyzers can provide data that additional (and optional) 25 analytical continuously by adapting a specified are equivalent to approved methods. methods legally available for meeting chlorine residual method for use with a EPA Method 334.0 requires that the EPA’s monitoring requirements. continuous monitoring instrument analyst demonstrate that the grab This action does not add regulatory provided the chemistry, accuracy, and sample method provides reliable data language, but does, for informational precision remain the same. Instruments prior to using it to verify the purposes, update an appendix to the used for continuous monitoring must be performance of an on-line chlorine regulations at 40 CFR part 141 that lists calibrated with a grab sample analyzer. This QC requirement is all methods approved under Section measurement at least every five days, or consistent with the QC requirements in 1401(1) of SDWA. Accordingly, while with a protocol approved by the State.’’ the approved grab sample methods. this action is not a rule, it is updating Continuous monitoring instruments Aqueous standards are analyzed to CFR text and therefore is being that use N,N-Diethyl-p- demonstrate the accuracy and precision published in the ‘‘Final Rules’’ section phenylenediamine (DPD) chemistry are of the measurements. EPA recommends of this Federal Register. the only on-line chlorine analyzers that, that the grab sample QC requirements in EPA described this expedited prior to this action, met the drinking EPA Method 334.0 be used with all on- methods approval process in an April water regulatory requirement to use the line chlorine analyzers, including those 10, 2007, Federal Register notice (72 FR same chemistry as an approved method. that are originally approved under the 17902) (USEPA 2007) and announced The instruments perform chlorine provisions of 40 CFR 141.74. its intent to begin using the process. residual measurements on a frequent A preliminary draft of EPA Method EPA published the first set of approvals basis using an automated version of 334.0 was provided to the Association in a June 3, 2008, Federal Register Standard Method 4500–Cl G (APHA of State Drinking Water Administrators, notice (73 FR 31616) (USEPA 2008) and 1998), which is listed in the tables at 40 the American Water Works Association, added Appendix A to 40 CFR Part 141, CFR 141.74(a)(2) and 40 CFR and the Water and Wastewater Subpart C. Six additional methods were 141.131(c)(1). Since the instruments use Equipment Manufacturers Association. added to Appendix A to Subpart C in an approved method, they have the A revised draft was reviewed by persons an August 3, 2009, Federal Register capability to provide the same accuracy from two State agencies and two notice (74 FR 38348) (USEPA 2009a). and precision as the approved method drinking water utilities. The final Future approvals using this process are (Standard Method 4500–Cl G), if they method reflects changes made in anticipated. are properly installed and maintained. response to review comments. The The performance characteristics of the public docket for this action includes III. Summary of Approvals instruments are periodically checked by the comments from these organizations EPA is approving 25 methods that are comparing the instrumental results to and the Agency’s response to comments equally effective relative to methods grab sample measurements according to (USEPA 2009c). previously promulgated in the a protocol approved by the State. EPA has determined that EPA Method regulations. By means of this notice, EPA Method 334.0 now allows the 334.0 is equally effective for measuring these 25 methods are added to use of on-line chlorine analyzers based free and total chlorine residuals as the Appendix A of 40 CFR Part 141, Subpart on chemistry different from that of methods that are promulgated in the C. approved methods. It is a ‘‘performance regulations at 40 CFR 141.74(a)(2) and based’’ method, which means it 40 CFR 141.131(c)(1). The basis for this A. Methods Developed by EPA establishes QC criteria to bench-mark determination is discussed in Fair and 1. EPA Method 334.0, ‘‘Determination the performance of the on-line chlorine Wendelken 2009. EPA is therefore of Residual Chlorine in Drinking Water analyzer against the performance of approving use of EPA Method 334.0 for Using an On-line Chlorine Analyzer’’ approved grab sample methods. As long on-line analyses of free and total (USEPA 2009b) establishes quality as the on-line analyzer meets the QC chlorine. A copy of the method can be control (QC) criteria for on-line chlorine criteria in EPA Method 334.0, the data accessed and downloaded directly on- analyzers such that the analyzers are deemed equivalent to data obtained line at http://epa.gov/safewater/ provide data equivalent to the grab using the approved grab sample methods/analyticalmethods_ sample methodologies that are already methods. EPA Method 334.0 can be ogwdw.html. approved in the regulations. The on-line used with any type of on-line chlorine 2. EPA Method 302.0, ‘‘Determination chlorine analyzer is calibrated using analyzer. of Bromate in Drinking Waters using aqueous standards or the results from Data from 38 drinking water treatment Two-Dimensional Ion Chromatography grab samples that are collected at the facilities (EE&T, Inc. 2009) were used as with Suppressed Conductivity same sample point as used by the the basis for establishing the on-line Detection’’ (USEPA 2009d) is a large analyzer. The grab samples are analyzed chlorine analyzer QC criteria in EPA volume (1.0 mL), two-dimensional ion for chlorine using a method that is Method 334.0. Chlorine residual chromatography (IC) method that uses approved for drinking water compliance measurements from on-line suppressed conductivity detection for monitoring. The accuracy of the on-line amperometric chlorine analyzers were the determination of bromate in raw and chlorine analyzer is periodically compared to the results from grab finished drinking waters. Because this verified (and adjustments made when sample analyses performed using either method utilizes two dissimilar IC necessary) based on results from grab Standard Method 4500–Cl D columns it does not require second sample analyses. (amperometric titration) (APHA 1998) or column confirmation. Detection and Previously approved methods for Standard Method 4500–Cl G (DPD quantitation are accomplished in the determining free and total chlorine colorimetric). Both Standard Methods second dimension by suppressed residuals in drinking water are listed in are approved for drinking water conductivity measurement. Bromate
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concentration is calculated using the research summary (Zaffiro and system laboratories use single beam integrated peak area and the external Zimmerman 2009). spectrophotometers, the method was standard technique. The sum of five haloacetic acids revised to allow for their use by EPA Method 302.0 offers increased (monochloroacetic acid, dichloroacetic modifying the zeroing procedure. This bromate specificity without the acid, trichloroacetic acid, modification did not result in any complexity of post column reactors. monobromoacetic acid, and change in the performance of the The approved methods for bromate dibromoacetic acid) is regulated as method. Therefore, EPA finds that are listed at 40 CFR 141.131(b)(1). The HAA5. The approved methods for Method 415.3, Revision 1.2 is equally performance characteristics of EPA HAA5 are listed at 40 CFR effective as Revision 1.1. Revision 1.2 Method 302.0 were compared to the 141.131(b)(1). The performance also corrects some typographical errors characteristics of approved EPA characteristics of EPA Method 557 for that are present in Revision 1.1. The Methods 300.1 (USEPA 2000), 317.0, each of the five haloacetic acids were modifications are documented in Revision 2.0 (USEPA 2001), and 326.0 compared to the characteristics of Wimsatt 2009. EPA is approving EPA (USEPA 2002). EPA has determined that approved EPA Methods 552.2 (USEPA Method 415.3, Revision 1.2 for EPA Method 302.0 is equally effective 1995) and 552.3, Revision 1.0 (USEPA determining TOC, DOC, UV254, and for measuring bromate concentrations as 2003) for the same compounds. EPA has SUVA in source water and drinking these approved methods. EPA Method determined that EPA Method 557 is water. 302.0 can also meet the minimum equally effective for measuring HAA5 A copy of EPA Method 415.3, reporting limit (MRL) requirements relative to approved EPA Methods 552.2 Revision 1.2 can be accessed and necessary for methods that are used to and 552.3. The basis for this downloaded directly on-line at http:// support the reduced bromate monitoring determination is discussed in Munch www.epa.gov/nerlcwww/ordmeth.htm. specified at 40 CFR 141.132(b)(3)(ii)(B). 2009b. Therefore, EPA is approving EPA B. Methods Developed by Voluntary The basis for these determinations is Method 557 for determining HAA5 in Consensus Standard Bodies (VCSB) discussed in Munch 2009a. EPA is drinking water. therefore approving EPA Method 302.0 The performance characteristics of 1. Standard Methods for the for the routine determination of bromate EPA Method 557 were also compared to Examination of Water and Wastewater. in drinking water and also allowing its the bromate-measurement Standard Methods 9223 B–97 and 9223 use for reduced bromate monitoring. A characteristics of approved EPA B (20th and 21st Edition) can be used copy of the method can be accessed and Methods 300.1 (USEPA 2000), 317.0 to detect Escherichia coli (E. coli). downloaded directly on-line at http:// Revision 2.0 (USEPA 2001), and 326.0 Approved methods for E. coli are listed epa.gov/safewater/methods/ (USEPA 2002). EPA has determined that at 40 CFR 141.21(f)(6). The Minimal analyticalmethods_ogwdw.html. EPA Method 557 is equally effective for Medium ONPG–MUG (MMO–MUG) 3. EPA Method 557, ‘‘Determination measuring bromate concentrations as Test is listed as an approved method for of Haloacetic Acids, Bromate, and these approved methods. EPA Method E. coli and the reference cited for the Dalapon in Drinking Water by Ion 557 can also meet the MRL procedure is a journal article (Edberg et Chromatography Electrospray Ionization requirements necessary for methods that al. 1989). Standard Methods used the Tandem Mass Spectrometry (IC–ESI– are used to support the reduced bromate same research documented in the MS/MS)’’ (USEPA 2009e) is a direct- monitoring specified at 40 CFR journal article to write Standard Method injection, ion chromatography, negative- 141.132(b)(3)(ii)(B). The basis for these 9223 B, which is published in the 20th ion electrospray ionization, tandem determinations is discussed in Munch and 21st Edition of Standard Methods mass spectrometry (IC–ESI–MS/MS) 2009b. EPA is therefore approving EPA for the Analysis of Water and method for the determination of nine Method 557 for the routine Wastewater (APHA 1998, 2005). The haloacetic acids in finished drinking determination of bromate in drinking same method is also available on-line as waters. Each method analyte is water and also allowing its use for Standard Method 9223 B–97 (APHA qualitatively identified via a unique reduced bromate monitoring. 1997). Since Standard Methods 9223 B mass transition, and the concentration is A copy of EPA Method 557 can be (20th and 21st Edition) and 9223 B–97 calculated using the integrated peak accessed and downloaded directly on- are the same procedure as that area and the internal standard line at http://epa.gov/safewater/ documented in the Edberg et al. article, technique. methods/ they are equally effective as the Bromate may be measured analyticalmethods_ogwdw.html. approved Edberg method for concurrently with the haloacetic acids. 4. EPA Method 415.3, Revision 1.2, determining E. coli (Best 2009). Real time, chromatographic separation ‘‘Determination of Total Organic Carbon Therefore, EPA is approving the use of of common anions in drinking water and Specific UV Absorbance at 254 Standard Methods 9223 B (20th (matrix elimination) is a key feature of nanometers (nm) in Source Water and Edition), 9223 B (21st Edition) and 9223 this method. Acceptable method Drinking Water’’ (USEPA 2009f) is a B–97 for determining E. coli as specified performance has been demonstrated for slightly modified version of the at 40 CFR 141.21(f)(6). The 20th and matrix ion concentrations of 320 currently approved EPA Method 415.3, 21st editions can be obtained from milligrams/Liter (mg/L) chloride, 250 Revision 1.1 (USEPA 2005). Revision American Public Health Association mg/L sulfate, 150 mg/L bicarbonate and 1.1 is listed as an approved method for (APHA), 800 I Street, NW., Washington, 20 mg/L nitrate. determining total organic carbon (TOC), DC 20001–3710. Standard Method 9223 EPA Method 557 eliminates the labor dissolved organic carbon (DOC), B–97 is available at http:// intensive sample preparation steps ultraviolet absorbance at 254 nm www.standardmethods.org. (extraction and derivatization) that are (UV254), and specific ultraviolet 2. ASTM International. EPA required in the current methods that are absorbance (SUVA) concentrations at 40 compared the most recent versions of 14 approved for haloacetic acid CFR 141.131(d). Determination of UV254 ASTM International methods to the determinations. It also reduces the use can only be done using a double beam versions of those methods cited in 40 of solvents and potentially hazardous spectrophotometer if the instrument is CFR 141 and 143. Changes between the chemicals. The development work for zeroed according to the directions in the approved version and the most recent this method is described in the method approved method. Since many water version of each method are summarized
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in Fair 2009. The revisions primarily for the contaminants and regulations method. EPA compared the bromate and involve editorial changes (i.e., updated listed in the following table. chlorite performance data for Method B references, reorganization, and The revised ASTM method for to the data in the approved Method D corrections of errors). Data generated bromate and chlorite analyses (D 6581– 6581–00 and determined that Method B using the revised methods are 08) is split into two techniques. Method is equally effective as the currently comparable to data obtained using the A uses chemically suppressed ion approved method (Fair 2009). Therefore, previous versions because the chromatography and is the same as the EPA is approving ASTM D 6581–08 B chemistry, sample-handling protocols, approved Method D 6581–00, which is for the determination of bromate and listed in the regulation at 40 CFR and QC are unchanged. The new chlorite in routine drinking water 141.131(b)(1); ASTM D 6581–08 A is versions are equally effective relative to compliance samples. one of the 14 methods previously the version cited in the regulation (Fair discussed. Method B uses The ASTM methods that are approved 2009). Therefore, EPA is approving the electrolytically suppressed ion in this action are listed in the following use of the 14 updated ASTM methods chromatography and represents a new table:
ASTM method Contaminant Regulation
D511–09 A (ASTM International 2009a) ...... Calcium ...... 40 CFR 141.23(k)(1). Magnesium ...... 40 CFR 141.23(k)(1). D511–09 B (ASTM International 2009a) ...... Calcium ...... 40 CFR 141.23(k)(1). Magnesium ...... 40 CFR 141.23(k)(1). D1688–07 A (ASTM International 2009b) ...... Copper ...... 40 CFR 141.23(k)(1). D1688–07 C (ASTM International 2009b) ...... Copper ...... 40 CFR 141.23(k)(1). D2972–08 B (ASTM International 2009c) ...... Arsenic ...... 40 CFR 141.23(k)(1). D2972–08 C (ASTM International 2009c) ...... Arsenic ...... 40 CFR 141.23(k)(1). D3559–08 D (ASTM International 2009d) ...... Lead ...... 40 CFR 141.23(k)(1). D3645–08 B (ASTM International 2009e) ...... Beryllium ...... 40 CFR 141.23(k)(1). D3697–07 (ASTM International 2009f) ...... Antimony ...... 40 CFR 141.23(k)(1). D3859–08 A (ASTM International 2009g) ...... Selenium ...... 40 CFR 141.23(k)(1). D3859–08 B (ASTM International 2009g) ...... Selenium ...... 40 CFR 141.23(k)(1). D1253–08 (ASTM International 2009h) ...... Free Chlorine ...... 40 CFR 141.74(a)(2). 40 CFR 141.131(c)(1) Total Chlorine ...... 40 CFR 141.74(a)(2). 40 CFR 141.131(c)(1). Combined Chlorine ...... 40 CFR 141.131(c)(1). D516–07 (ASTM International 2009i) ...... Sulfate ...... 40 CFR 143.4(b). D6581–08 A (ASTM International 2009j) ...... Bromate ...... 40 CFR 141.131(b)(1). Chlorite ...... 40 CFR 141.131(b)(1). D6581–08 B (ASTM International 2009j) ...... Bromate ...... 40 CFR 141.131(b)(1). Chlorite ...... 40 CFR 141.131(b)(1).
The 15 ASTM methods are available Turbiwell turbidimeter were compared 2. ChloroSense (Palintest Ltd 2009a) from ASTM International, 100 Barr to the performance characteristics of is an electrochemical sensor method Harbor Drive, West Conshohocken, PA approved EPA Method 180.1 (USEPA that measures free and total chlorine 19428–2959 or http://www.astm.org. 1993). The validation study report using disposable sensors. Free and (SWAN Analytische Instrumente AG combined available chlorine react with C. Methods Developed by Vendors 2009b) summarizes the results obtained proprietary reagents on the sensor to 1. AMI Turbiwell Method (SWAN from the turbidimeters placed in series create intermediate reaction products. Analytische Instrumente AG 2009a) at three different public water systems. These products are then detected uses light emitting diode (LED) One water system used ground water electrochemically. The current that nephelometry to continuously measure and the other two plants used surface flows in each case is proportional to the turbidity in drinking water. The water sources. Measurements included amount of free available chlorine or turbidimeter utilizes a non-contact light at least one filter backwash at each of total available chlorine in the sample. source design to avoid fouling of optical the surface water plants. The sensors are pre-calibrated, and free surfaces. The LED has an emission range EPA has determined that the AMI and total chlorine concentrations are of 415 nm to 780 nm with a peak Turbiwell Method is equally effective as displayed upon completion of the spectral radiance of 562nm. The light approved EPA Method 180.1. The basis analysis. beam from the emission LED impinges for this determination is discussed in Approved methods for determining the water surface and is refracted. The the validation study report (SWAN free and total chlorine residuals in detector measures the scattered light at Analytische Instrumente AG 2009b). drinking water are listed in the tables at an angle of 90°. A light barrier avoids Therefore, EPA is approving the AMI 40 CFR 141.74(a)(2) and 40 CFR measurement errors due to light Turbiwell Method for determining 141.131(c)(1). The performance reflections. The instrument is equipped turbidity in drinking water. A copy of characteristics of ChloroSense were with an internal data logger, or the data the method can be downloaded from the compared to the performance can be downloaded to a personal National Environmental Methods Index characteristics of approved Standard computer or central data system with (NEMI) at http://www.nemi.gov or Methods 4500–Cl D (amperometric appropriate computer software. obtained by contacting Markus titration)(APHA 1998) and 4500–Cl G The approved methods for turbidity Bernasconi, SWAN Analytische (DPD colorimetric)(APHA 1998). A are listed at 40 CFR 141.74(a)(1). The Instrumente AG, Studbachstrasse 13, variety of samples, including drinking performance characteristics of the AMI CH–8340 Hinwil, Switzerland. water samples from both surface and
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ground water sources, were fortified regulations at 40 CFR 141.21(f)(3) and ASTM International. 2009c. ASTM D 2972– with known chlorine concentrations 40 CFR 141.21(f)(6), respectively. The 08. Standard Test Methods for Arsenic in and then analyzed by each method. The basis for this determination is discussed Water. ASTM International, 100 Barr results are summarized in the validation in the study report (USEPA 2009g). Harbor Drive, West Conshohocken, PA 19428–2959. (Available at http:// study report (Palintest Ltd 2009b). Therefore, EPA is approving the www.astm.org.) TM EPA has determined that the Modified Colitag Method for ASTM International. 2009d. ASTM D 3559– ChloroSense Method is equally effective determining total coliforms and E. coli 08. Standard Test Methods for Lead in as approved Standard Methods 4500–Cl in drinking water. A copy of the method Water. ASTM International, 100 Barr D and 4500–Cl G. The basis for this can be downloaded from NEMI at Harbor Drive, West Conshohocken, PA determination is discussed in the http://www.nemi.gov or obtained by 19428–2959. (Available at http:// validation study report (Palintest Ltd contacting CPI International, 580 www.astm.org.) 2009b). Therefore, EPA is approving the Skylane Boulevard, Santa Rosa, CA ASTM International. 2009e. ASTM D 3645– 08. Standard Test Methods for Beryllium ChloroSense Method for determining 95403. free and total chlorine residuals in in Water. ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA drinking water. A copy of the method IV. Statutory and Executive Order Reviews 19428–2959. (Available at http:// can be downloaded from NEMI at www.astm.org.) http://www.nemi.gov or obtained by As noted in Section II, under the ASTM International. 2009f. ASTM D 3697– contacting Palintest Ltd, 21 Kenton terms of SDWA Section 1401(1), this 07. Standard Test Methods for Antimony Lands Road, P.O. Box 18395, Erlanger, in Water. ASTM International, 100 Barr streamlined method approval action is KY 41018. Harbor Drive, West Conshohocken, PA 3. Modified ColitagTM (CPI not a rule. Accordingly, the 19428–2959. (Available at http:// International 2009). ColitagTM (CPI Congressional Review Act, 5 U.S.C. 801 www.astm.org.) International 2001) is a presence/ et seq., as added by the Small Business ASTM International. 2009g. ASTM D 3859– absence method approved for use under Regulatory Enforcement Fairness Act of 08. Standard Test Methods for Selenium in Water. ASTM International, 100 Barr the Total Coliform Rule. It uses 1996, does not apply because this action is not a rule for purposes of 5 U.S.C. Harbor Drive, West Conshohocken, PA enzymatic cleavage of a chromogenic 19428–2959. (Available at http:// substance to detect total coliforms and 804(3). Similarly, this action is not subject to the Regulatory Flexibility Act www.astm.org.) enzymatic cleavage of a fluorogenic ASTM International. 2009h. ASTM D 1253– substance to detect E. coli in a 100 mL because it is not subject to notice and 08. Standard Test Method for Residual sample of drinking water. Detection of comment requirements under the Chlorine in Water. ASTM International, total coliforms and E. coli are performed Administrative Procedure Act or any 100 Barr Harbor Drive, West simultaneously by this method. other statute. In addition, because this Conshohocken, PA 19428–2959. ColitagTM may also be used in a most- approval action is not a rule but simply (Available at http://www.astm.org.) probable-number format provided that makes alternative (optional) testing ASTM International. 2009i. ASTM D 516–07. Standard Test Method for Sulfate Ion in the sum of all individual portions of the methods available for monitoring under SDWA, EPA has concluded that other Water. ASTM International, 100 Barr sample total 100 mL. Modified Harbor Drive, West Conshohocken, PA TM statutes and executive orders generally Colitag has a different formulation 19428–2959. (Available at http:// from the originally approved ColitagTM. applicable to rulemaking do not apply www.astm.org.) The purpose of the formula change is to to this approval action. ASTM International. 2009j. ASTM D 6581– achieve greater selectivity for total V. References 08. Standard Test Methods for Bromate, coliforms and E. coli. Additionally, the Bromide, Chlorate, and Chlorite in Modified ColitagTM provides flexibility American Public Health Association (APHA). Drinking Water by Suppressed Ion in the incubation period (16 to 48 1997. Standard Method 9223–97. Chromatography. ASTM International, hours), while the approved ColitagTM Enzyme Substrate Coliform Test. 100 Barr Harbor Drive, West Approved by Standard Methods Conshohocken, PA 19428–2959. requires a 24 hour incubation time. Committee 1997. Standard Methods (Available at http://www.astm.org.) Approved methods for total coliforms Online. (Available at http:// Best, J. 2009. Memo to the record describing are listed at 40 CFR 141.21(f)(3) and www.standardmethods.org.) basis for expedited approval of Standard approved methods for E. coli are listed American Public Health Association (APHA). Methods 9223 B (20th Edition), 9223 B at 40 CFR 141.21(f)(6). The performance 1998. 20th Edition of Standard Methods (21st Edition) and 9223 B–97 for characteristics of Modified ColitagTM for the Examination of Water and determining E. coli as specified at 40 were compared to Standard Methods Wastewater, American Public Health CFR 141.21(f)(6). August 31, 2009. 9221 B (LTB/BGLB) for total coliforms Association, 800 I Street, NW., CPI International. 2001. ColitagTM Test. and 9222 G (LTB/EC–MUG) for E. coli Washington, DC 20001–3710. ColitagTM Product as a Test for Detection (APHA 1998). The comparison study American Public Health Association (APHA). and Identification of Coliforms and 2005. 21st Edition of Standard Methods Escherichia coli Bacteria in Drinking involved analyses of twenty replicate for the Examination of Water and Water and Source Water as Required in drinking water samples that were Wastewater, American Public Health National Primary Drinking Water inoculated with very low densities of Association, 800 I Street, NW., Regulations. August 2001. 580 Skylane chlorine stressed total coliforms or E. Washington, DC 20001–3710. Boulevard, Santa Rosa, CA 95403. coli obtained from ten geographically ASTM International. 2009a. ASTM D 511–09. CPI International. 2009. Modified ColitagTM dispersed waste waters. Method Standard Test Methods for Calcium and Method. Modified ColitagTM Test specificity was evaluated using 100 Magnesium in Water. ASTM Method for the Simultaneous Detection positive and 100 negative cultures as International, 100 Barr Harbor Drive, of E. coli and other Total Coliforms in determined from analyses by the West Conshohocken, PA 19428–2959. Water (ATP D05–0035). August 28, 2009. (Available at http://www.astm.org.) 5580 Skylane Boulevard, Santa Rosa, CA reference methods. ASTM International. 2009b. ASTM D 1688– 95403. EPA has determined that the Modified 07. Standard Test Methods for Copper in Edberg, S.C. et al. 1989. ‘‘National Field TM Colitag Method is equally effective as Water. ASTM International, 100 Barr Evaluation of a Defined Substrate approved Standard Methods 9221 B for Harbor Drive, West Conshohocken, PA Method for the Simultaneous Detection total coliforms and 9222 G for E. coli, 19428–2959. (Available at http:// of Total Coliforms and Escherichia coli which are already promulgated in the www.astm.org.) from Drinking Water: Comparison with
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Presence-Absence Techniques.’’ Applied www.epa.gov/safewater/methods/ by Ion Chromatography Electrospray Environmental Microbiology, Vol. 55, analyticalmethods_ogwdw.html.) Ionization Tandem Mass Spectrometry pp. 1003–1008, April 1989. USEPA. 2001. EPA Method 317.0, Revision (IC–ESI–MS/MS), EPA 815–B–09–012, Environmental Engineering & Technology, 2.0, Determination of Inorganic August 2009. (Available at http:// Inc. (EE&T, Inc.). Memorandum No. 4 to Oxyhalide Disinfection By-Products in epa.gov/safewater/methods/ AWWA. Final Analysis of Online Drinking Water Using Ion analyticalmethods_ogwdw.html.) Amperometric Data. EE&T Project No. Chromatography with the Addition of a USEPA. 2009f. EPA Method 415.0, Revision 5318, February 27, 2009. EE&T, Inc., 712 Postcolumn Reagent for Trace Bromate 1.2. Determination of Total Organic Gum Rock Court, Newport News, VA Analysis, EPA 815–B–01–001, July 2001. Carbon and Specific UV Absorbance at 23606. (Available at http://epa.gov/safewater/ 254 nm in Source Water and Drinking Fair, P. 2009. Memo to the record describing methods/ Water. EPA/600/R–09/122, September basis for approval of updated ASTM analyticalmethods_ogwdw.html.) 2009. (Available at http://www.epa.gov/ methods. September 30, 2009. USEPA. 2002. EPA Method 326.0, nerlcwww/ordmeth.htm.) Fair, P. and Wendelken, S. 2009. Memo to Determination of Inorganic Oxyhalide USEPA. 2009g. ATP Study Report of the record describing basis for expedited Disinfection By-Products in Drinking Modified ColitagTM, ATP Case No. D05– approval of EPA Method 334.0. Water Using Ion Chromatography 0035, September 21, 2009. September 30, 2009. Incorporating the Addition of a Wimsatt, J. 2009. Memo to the record Munch, D. 2009a. Memo to the record Suppressor Acidified Postcolumn describing changes to EPA Method describing basis for expedited approval Reagent for Trace Bromate Analysis, EPA 415.3, Revision 1.1 that are incorporated of EPA Method 302.0 for bromate. 815–R–03–007, June 2002. (Available at into Revision 1.2. September 30, 2009. September 30, 2009. http://epa.gov/safewater/methods/ Zaffiro, A.D. and Zimmerman, M. 2009. EPA Munch, D. 2009b. Memo to the record analyticalmethods_ogwdw.html.) Method 557 Research Summary, Shaw describing basis for expedited approval USEPA. 2003. EPA Method 552.3, Environmental Inc., Cincinnati OH. of EPA Method 557 for HAA5 and Determination of Haloacetic Acids and March 2009. bromate. October 6, 2009. Dalapon in Drinking Water by Liquid- List of Subjects in 40 CFR Part 141 Palintest Ltd. 2009a. ChloroSense Method, Liquid Microextraction, Derivatization, Rev. 1.0. Measurement of Free and Total and Gas Chromatography with Electron Chemicals, Environmental protection, Chlorine in Drinking Water by Palintest Capture Detection, EPA 815–B–03–002, Indians—lands, Intergovernmental ChloroSense, August 10, 2009, Palintest July 2003. (Available at http:// relations, Radiation protection, Ltd, 21 Kenton Lands Road, PO Box www.epa.gov/safewater/methods/ Reporting and recordkeeping 18395, Erlanger, KY 41018. (Available at analyticalmethods_ogwdw.html). requirements, Water supply. http://www.nemi.gov.) USEPA. 2005. EPA Method 415.0, Revision Palintest Ltd. 2009b. ATP Evaluation of 1.1. Determination of Total Organic Dated: October 29, 2009. Palintest ChloroSense for the Carbon and Specific UV Absorbance at Peter S. Silva, Measurement of Free and Total Chlorine, 254 nm in Source Water and Drinking Assistant Administrator, Office of Water. August 10, 2009. Palintest Ltd, 21 Water. EPA/600/R–05/055, February ■ Kenton Lands Road, PO Box 18395, 2005. (Available at http://www.epa.gov/ For the reasons stated in the preamble, Erlanger, KY 41018. nerlcwww/ordmeth.htm.) 40 CFR part 141 is amended as follows: SWAN Analytische Instrumente AG. 2009a. USEPA. 2007. Expedited Approval of Test AMI Turbiwell Method, Rev. 1.0. Procedures for the Analysis of PART 141—NATIONAL PRIMARY Continuous Measurement of Turbidity Contaminants Under the Safe Drinking DRINKING WATER REGULATIONS Using a SWAN AMI Turbiwell Water Act; Analysis and Sampling ■ 1. The authority citation for part 141 Turbidimeter, August 10, 2009, Markus Procedures. 72 FR 17902. April 10, 2007. Bernasconi, SWAN Analytische USEPA. 2008. Expedited Approval of continues to read as follows: Instrumente AG, Studbachstrasse 13, Alternative Test Procedures for the Authority: 42 U.S.C. 300f, 300g–l, 300j–4, CH–8340 Hinwil, Switzerland. Analysis of Contaminants Under the Safe and 300j–9. (Available at http://www.nemi.gov.) Drinking Water Act; Analysis and ■ SWAN Analytische Instrumente AG. 2009b. Sampling Procedures. 73 FR 31616. June 2. Appendix A to subpart C of part ATP Evaluation of the SWAN AMI 3, 2008. 141 is amended as follows: Turbiwell Turbidimeter for Measurement USEPA. 2009a. Expedited Approval of ■ a. By revising the entry in the table of Turbidity, August 10, 2009. Alternative Test Procedures for the entitled ‘‘Alternative testing methods for Studbachstrasse 13, CH–8340 Hinwil, Analysis of Contaminants Under the Safe contaminants listed at 40 CFR Switzerland. Drinking Water Act; Analysis and 141.21(f)(3).’’ USEPA. 1993. EPA Method 180.1, Revision Sampling Procedures. 74 FR 38348. ■ b. By adding the table entitled 2.0, ‘‘Determination of Turbidity by August 3, 2009. ‘‘Alternative testing methods for Nephelometry’’ in Methods for the USEPA. 2009b. EPA Method 334.0. contaminants listed at 40 CFR Determination of Inorganic Substances in Determination of Residual Chlorine in 141.21(f)(6)’’ after the table entitled Environmental Samples, EPA/600/R–93/ Drinking Water Using an On-line ‘‘Alternative testing methods for 100. (Available at http://www.nemi.gov.) Chlorine Analyzer, EPA 815–B–09–013. USEPA. 1995. EPA Method 552.2, September 2009. (Available at http:// contaminants listed at 40 CFR ‘‘Determination of Haloacetic Acids and epa.gov/safewater/methods/ 141.21(f)(3).’’ Dalapon in Drinking Water by Liquid- analyticalmethods_ogwdw.html.) ■ c. By revising the entries for Liquid Extraction, Derivatization and USEPA. 2009c. Response to Comments ‘‘Antimony,’’ ‘‘Arsenic,’’ ‘‘Beryllium,’’ Gas Chromatography with Electron Document for Review of EPA Method ‘‘Calcium,’’ ‘‘Copper,’’ ‘‘Lead,’’ Capture Detection’’ in Methods for the 334.0. September 30, 2009. ‘‘Magnesium,’’ and ‘‘Selenium’’ in the Determination of Organic Compounds in USEPA. 2009d. EPA Method 302.0. table entitled ‘‘Alternative testing Drinking Water, Supplement III, EPA/ Determination of Bromate in Drinking methods for contaminants listed at 40 600/R–95–131, August 1995. (Available Waters using Two-Dimensional Ion CFR 141.23(k)(1).’’ at http://www.nemi.gov.) Chromatography with Suppressed ■ d. By revising the entry for USEPA. 2000. EPA Method 300.1, Conductivity Detection, EPA 815–B–09– ‘‘Determination of Inorganic Anions in 014. September 2009. (Available at ‘‘Turbidity’’ in the table entitled Drinking Water by Ion Chromatography’’ http://epa.gov/safewater/methods/ ‘‘Alternative testing methods for in Methods for the Determination of analyticalmethods_ogwdw.html.) contaminants listed at 40 CFR Organic and Inorganic Compounds in USEPA. 2009e. EPA Method 557. 141.74(a)(1).’’ Drinking Water, Volume 1, EPA 815–R– Determination of Haloacetic Acids, ■ e. By revising the entries for ‘‘Free 00–014. (Available at http:// Bromate, and Dalapon in Drinking Water Chlorine’’ and ‘‘Total Chlorine’’ in the
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table entitled ‘‘Alternative testing disinfectant residuals listed at 40 CFR ■ j. By revising the entry for ‘‘Sulfate’’ methods for disinfectant residuals listed 141.131(c)(1).’’ in the table entitled ‘‘Alternative testing at 40 CFR 141.74(a)(2).’’ ■ methods for contaminants listed at 40 ■ h. By revising all the entries in the f. By revising the entry for ‘‘HAA5’’ table entitled ‘‘Alternative testing CFR 143.4(b)’’ and, and adding the entries for ‘‘Bromate’’ methods for parameters listed at 40 CFR ■ and ‘‘Chlorite’’ after the entry for k. By adding footnotes 13 through 19 141.131(d).’’ ‘‘HAA5’’ in the table entitled to the table. ■ ‘‘Alternative testing methods for i. By adding the table entitled Appendix A to Subpart C of Part 141— contaminants listed at 40 CFR ‘‘Alternative testing methods with MRL ≤ Alternative Testing Methods Approved 141.131(b)(1).’’ 0.0010 mg/L for monitoring listed at for Analyses Under the Safe Drinking ■ 40 CFR 141.132(b)(3)(ii)(B)’’ after the g. By revising the entries for ‘‘Free Water Act Chlorine,’’ ‘‘Combined Chlorine’’ and table entitled ‘‘Alternative testing ‘‘Total Chlorine’’ in the table entitled methods for parameters listed at 40 CFR * * * * * ‘‘Alternative testing methods for 141.131(d).’’
ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.21(f)(3)
Organism Methodology SM 21st edition 1 Other
Total Coliforms ...... Total Coliform Fermentation Technique ...... 9221 A, B Total Coliform Membrane Filter Technique ...... 9222 A, B, C Presence-Absence (P–A) Coliform Test ...... 9221 D ONPG–MUG Test ...... 9223 Colitag TM ...... Modified Colitag TM 13
ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.21(F)(6)
SM 20th SM 21st Organism Methodology SM online 3 Other edition 6 edition 1
E. coli ...... ONPG–MUG Test ...... 9223 B 9223 B 9223 B–97 Modified Colitag TM 13
ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.23(k)(1)
SM 21st Contaminant Methodology EPA method SM online 3 ASTM 4 Other edition 1
******* Antimony ...... Hydride-Atomic Absorption ...... D 3697–07 Atomic Absorption; Furnace ...... 3113 B Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2.2 spectrometry (AVICP–AES). Arsenic ...... Atomic Absorption; Furnace ...... 3113 B D 2972–08 C Hydride Atomic Absorption ...... 3114 B D 2972–08 B Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES).
******* Beryllium ...... Inductively Coupled Plasma ...... 3120 B Atomic Absorption; Furnace ...... 3113 B D 3645–08 B Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES).
******* Calcium ...... EDTA titrimetric ...... 3500–Ca B D 511–09 A Atomic Absorption; Direct Aspi- 3111 B D 511–09 B ration. Inductively Coupled Plasma ...... 3120 B Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES).
******* Copper ...... Atomic Absorption; Furnace ...... 3113 B D 1688–07 C Atomic Absorption; Direct Aspi- 3111 B D 1688–07 A ration. Inductively Coupled Plasma ...... 3120 B
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ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.23(k)(1)—Continued
SM 21st Contaminant Methodology EPA method SM online 3 ASTM 4 Other edition 1
Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES).
******* Lead ...... Atomic Absorption; Furnace ...... 3113 B D 3559–08 D Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES). Magnesium ...... Atomic Absorption ...... 3111 B D 511–09 B Inductively Coupled Plasma ...... 3120 B Complexation Titrimetric Meth- 3500–Mg B D 511–09 A ods. Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES).
******* Selenium ...... Hydride-Atomic Absorption ...... 3114 B D 3859–08 A Atomic Absorption; Furnace ...... 3113 B D 3859–08 B Axially viewed inductively cou- 200.5, Revision pled plasma-atomic emission 4.2. spectrometry (AVICP–AES).
******
* * * * *
ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.74(a)(1)
Organism Methodology SM 21st Other edition 1
****** Turbidity ...... Nephelometric Method ...... 2130 B Laser Nephelometry (on-line) ...... Mitchell M5271 10 LED Nephelometry (on-line) ...... Mitchell M5331 11 LED Nephelometry (on-line) ...... AMI Turbiwell 15 LED Nephelometry (portable) ...... Orion AQ4500 12
ALTERNATIVE TESTING METHODS FOR DISINFECTANT RESIDUALS LISTED AT 40 CFR 141.74(a)(2)
SM 21st Residual Methodology ASTM 4 Other edition 1
Free Chlorine ...... Amperometric Titration ...... 4500–Cl D D 1253–08 DPD Ferrous Titrimetric ...... 4500–Cl F DPD Colorimetric ...... 4500–Cl G Syringaldazine (FACTS) ...... 4500–Cl H On-line Chlorine Analyzer ...... EPA 334.0 16 Amperometric Sensor ...... ChloroSense 17 Total Chlorine ...... Amperometric Titration ...... 4500–Cl D D 1253–08 Amperometric Titration (Low level measurement) ...... 4500–Cl E DPD Ferrous Titrimetric ...... 4500–Cl F DPD Colorimetric ...... 4500–Cl G Iodometric Electrode ...... 4500–Cl I On-line Chlorine Analyzer ...... EPA 334.0 16 Amperometric Sensor ...... ChloroSense 17
******
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ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.131(b)(1)
Contaminant Methodology EPA method ASTM 4 SM 21st edition 1
****** HAA5 ...... LLE (diazomethane)/GC/ECD ...... 6251 B
****** Ion Chromatography Electrospray Ionization Tandem 557 14 Mass Spectrometry (IC–ESI–MS/MS). Bromate ...... Two-Dimensional Ion Chromatography (IC) ...... 302.0 18 Ion Chromatography Electrospray Ionization Tandem 557 14 Mass Spectrometry (IC–ESI–MS/MS). Chemically Suppressed Ion Chromatography ...... D 6581–08 A Electrolytically Suppressed Ion Chromatography ...... D 6581–08 B Chlorite ...... Chemically Suppressed Ion Chromatography ...... D 6581–08 A Electrolytically Suppressed Ion Chromatography ...... D 6581–08 B
ALTERNATIVE TESTING METHODS FOR DISINFECTANT RESIDUALS LISTED AT 40 CFR 141.131(c)(1)
Residual Methodology SM 21stedition 1 ASTM 4 Other
Free Chlorine ...... Amperometric Titration ...... 4500–Cl D D 1253–08 DPD Ferrous Titrimetric ...... 4500–Cl F DPD Colorimetric ...... 4500–Cl G Syringaldazine (FACTS) ...... 4500–Cl H Amperometric Sensor ...... ChloroSense 17 On-line Chlorine Analyzer ...... EPA 334.0 16 Combined Chlorine ..... Amperometric Titration ...... 4500–Cl D D 1253–08 DPD Ferrous Titrimetric ...... 4500–Cl F DPD Colorimetric ...... 4500–Cl G Total Chlorine ...... Amperometric Titration ...... 4500–Cl D D 1253–08 Low level Amperometric Titration ...... 4500–Cl E DPD Ferrous Titrimetric ...... 4500–Cl F DPD Colorimetric ...... 4500–Cl G Iodometric Electrode ...... 4500–Cl I Amperometric Sensor ...... ChloroSense 17 On-line Chlorine Analyzer ...... EPA 334.0 16
* * * * *
ALTERNATIVE TESTING METHODS FOR PARAMETERS LISTED AT 40 CFR 141.131(d)
Parameter Methodology SM 21st EPA edition 1
Total Organic Carbon (TOC) ...... High Temperature Combustion ...... 5310 B 415.3, Rev 1.2 19 Persulfate-Ultraviolet or Heated Persulfate Oxi- 5310 C 415.3, Rev 1.2 dation. Wet Oxidation ...... 5310 D 415.3, Rev 1.2 Specific Ultraviolet Absorbance (SUVA) ...... Calculation using DOC and UV254 data ...... 415.3, Rev 1.2 Dissolved Organic Carbon (DOC) ...... High Temperature Combustion ...... 5310 B 415.3, Rev 1.2 Persulfate-Ultraviolet or Heated Persulfate Oxi- 5310 C 415.3, Rev 1.2 dation. Wet Oxidation ...... 5310 D 415.3, Rev 1.2 Ultraviolet absorption at 254 nm (UV254) ...... Spectrophotometry ...... 5910 B 415.3, Rev 1.2
ALTERNATIVE TESTING METHODS WITH MRL > 0.0010 MG/L FOR MONITORING LISTED AT 40 CFR 141.132(b)(3)(ii)(B)
Contaminant Methodology EPA method
Bromate ...... Two-Dimensional Ion Chromatography (IC) ...... 302.0 18 Ion Chromatography Electrospray Ionization Tandem Mass Spectrometry (IC–ESI–MS/MS) ...... 557 14
* * * * *
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ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 143.4(b)
SM 21st edi- Contaminant Methodology EPA Method ASTM 4 SM Online 3 tion 1
****** Sulfate ...... Ion Chromatography ...... 4110 B ¥2 ¥2 Gravimetric with ignition of residue ...... 4500–SO4 C 4500–SO4 C–97 ¥2 ¥ Gravimetric with drying of residue ...... 4500–SO4 D 4500–SO4 D–97 ¥2 ¥2 Turbidimetric method ...... D 516–07 4500–SO4 E 4500–SO4 E–97 ¥2 ¥2 Automated methylthymol blue method ...... 4500–SO4 F 4500–SO4 F–97
******
1 Standard Methods for the Examination of Electrospray Ionization Tandem Mass SUMMARY: The National Institutes of Water and Wastewater, 21st edition (2005). Spectrometry (IC–ESI–MS/MS),’’ August Health is amending the current Available from American Public Health 2009. EPA 815–B–09–012. Available at regulations governing grants for research Association, 800 I Street, NW, Washington, http://epa.gov/safewater/methods/analytical projects by revising the definition of DC 20001–3710. methods_ogwdw.html. 2 EPA Method 200.5, Revision 4.2. 15 AMI Turbiwell, ‘‘Continuous Principal Investigator to mean one or ‘‘Determination of Trace Elements in Measurement of Turbidity Using a SWAN more individuals designated by the Drinking Water by Axially Viewed AMI Turbiwell Turbidimeter,’’ August 2009. grantee in the grant application and Inductively Coupled Plasma-Atomic Available at http://www.nemi.gov or from approved by the Secretary, who is or are Emission Spectrometry.’’ 2003. EPA/600/R– Markus Bernasconi, SWAN Analytische responsible for the scientific and 06/115. (Available at http://www.epa.gov/ Instrumente AG, Studbachstrasse 13, CH– technical direction of the project, rather nerlcwww/ordmeth.htm.) 8340 Hinwil, Switzerland. than limiting the role of Principal 3 Standard Methods Online are available at 16 EPA Method 334.0. ‘‘Determination of Investigator to one single individual; http://www.standardmethods.org. The year Residual Chlorine in Drinking Water Using and the conditions for multiple or in which each method was approved by the an On-line Chlorine Analyzer,’’ August 2009. Standard Methods Committee is designated EPA 815–B–09–013. Available at http://epa. concurrent awards pursuant to one or by the last two digits in the method number. gov/safewater/methods/analyticalmethods_ more applications. The methods listed are the only online ogwdw.html. DATES: This final rule is effective versions that may be used. 17 ChloroSense. ‘‘Measurement of Free and December 10, 2009. 4 Available from ASTM International, 100 Total Chlorine in Drinking Water by Palintest FOR FURTHER INFORMATION CONTACT: Jerry Barr Harbor Drive, West Conshohocken, PA ChloroSense,’’ September 2009. Available at Moore, NIH Regulations Officer, Office 19428–2959 or http://astm.org. The methods http://www.nemi.gov or from Palintest Ltd, listed are the only alternative versions that 21 Kenton Lands Road, PO Box 18395, of Management Assessment, National may be used. Erlanger, KY 41018. Institutes of Health, 6011 Executive 18 Boulevard, Room 601, MSC 7669, * * * * * EPA Method 302.0. ‘‘Determination of 6 Standard Methods for the Examination of Bromate in Drinking Waters using Two- Rockville, MD 20852–7669, or Water and Wastewater, 20th edition (1998). Dimensional Ion Chromatography with telephone 301–496–4607. Available from American Public Health Suppressed Conductivity Detection,’’ SUPPLEMENTARY INFORMATION: On Association, 800 I Street, NW., Washington, September 2009. EPA 815–B–09–014. September 30, 2003, the NIH Director DC 20001–3710. Available at http://epa.gov/safewater/ methods/analyticalmethods_ogwdw.html. announced a series of far reaching * * * * * 19 EPA 415.3, Revision 1.2. ‘‘Determination strategic initiatives known collectively 10 Mitchell Method M5271, Revision 1.1. of Total Organic Carbon and Specific UV as the NIH Roadmap for Medical ‘‘Determination of Turbidity by Laser Absorbance at 254 nm in Source Water and Research (NIH Roadmap). The NIH Nephelometry,’’ March 5, 2009. Available at Drinking Water,’’ August 2009. EPA/600/R– Roadmap is an innovative approach http://www.nemi.gov or from Leck Mitchell, 09/122. Available at http://www.epa.gov/ designed to transform the Nation’s Ph.D., PE, 656 Independence Valley Dr., nerlcwww/ordmeth.htm. Grand Junction, CO 81507. medical research capabilities and 11 Mitchell Method M5331, Revision 1.1. [FR Doc. E9–27044 Filed 11–9–09; 8:45 am] accelerate fundamental research ‘‘Determination of Turbidity by LED BILLING CODE 6560–50–P discovery and translation of that Nephelometry,’’ March 5, 2009. Available at knowledge into effective prevention http://www.nemi.gov or from Leck Mitchell, strategies and new treatments. One of Ph.D., PE, 656 Independence Valley Dr., DEPARTMENT OF HEALTH AND the NIH Roadmap initiatives encourages Grand Junction, CO 81507. interdisciplinary research and team 12 HUMAN SERVICES Orion Method AQ4500, Revision 1.0. science and includes a recommendation ‘‘Determination of Turbidity by LED Nephelometry,’’ May 8, 2009. Available at National Institutes of Health to modify grant and research contract http://www.nemi.gov or from Thermo applications to allow for the proposing Scientific, 166 Cummings Center, Beverly, 42 CFR Part 52 of more than one Principal Investigator MA 01915, http://www.thermo.com. when appropriate. This is congruent 13 Modified ColitagTM Method, ‘‘Modified [Docket No. NIH–2007–0929] with the January 4, 2005, directive ColitagTM Test Method for the Simultaneous RIN 0925–AA42 issued by the Office of Science and Detection of E. coli and other Total Coliforms Technology Policy (OSTP) to all Federal in Water (ATP D05–0035),’’ August 28, 2009. Grants for Research Projects research agency heads instructing the Available at http://www.nemi.gov or from CPI, International, 580 Skylane Boulevard, AGENCY: National Institutes of Health, heads to accommodate the recognition Santa Rosa, CA 95403. Department of Health and Human of two or more Principal Investigators 14 EPA Method 557. ‘‘Determination of Services. on research projects (grants and contracts). This OSTP policy does not Haloacetic Acids, Bromate, and Dalapon in ACTION: Final rule. Drinking Water by Ion Chromatography prohibit the use of a single Principal
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Investigator when that is most Investigator affiliated with more than indicated that NIH should not permit appropriate for a particular research one institution, it may be desirable to more than a single PI. project; it simply permits the administer the project with more than (Response) The NIH believes there are designation of one or more than one one award. In addition, applications many projects that already involve Principal Investigator when that more that involve subprojects may be collaboration at the leadership level. accurately reflects the management disaggregated into separate awards to Also, there are many projects that needs of a research project. improve scientific management. cannot be accomplished without a For the purpose of implementing the The revised regulatory language partnership between individuals with NIH Roadmap initiatives, now known as clarifies options and provides an different disciplinary or experimental the Common Fund, the NIH plans to opportunity to contemplate more than backgrounds. Offering the option of modify research grant and contract one award that may involve more than having more than one PI will enable all applications to request information on one institution in response to a single members of the leadership team to be more than one Principal Investigator, application. In some of these cases, recognized for their respective consistent with the OSTP policy separate records will be associated in contributions. It is not clear to us that establishing the appropriateness of the NIH data system so that the there will be more disputes in a multiple Principal Investigators. components can be managed as a single partnership setting than there would be Accordingly, we are revising the project to promote close collaboration in a more hierarchical setting. However, definition of the term Principal with their counterparts. Actual awards each multiple PI application must Investigator set forth in section 52.2 of also will be associated through special include a leadership plan that the Grants for Research Projects terms of award to clearly note establishes an approach for dispute regulations, codified at 42 CFR part 52, collaborations and any special resolution. This approach has been used so that it does not limit the role of requirements resulting from such successfully for many years in the Principal Investigator to one single collaborations. In other cases, it may be administration of program project and individual, and the conditions for appropriate to consider multiple center grants, which involve more than multiple or concurrent awards set forth applications from more than one one research component. Furthermore, in section 52.6, paragraph (d) of the institution that are managed as a single NIH will not require all projects to Grants for Research Projects regulations, unit, with multiple awards to the include more than one PI. The NIH is codified at 42 CFR part 52, to permit the different institutions to facilitate offering this management approach as Secretary to evaluate, approve, and collaboration. an option to more effectively credit make one or more awards pursuant to partnering collaborators. We believe this change will foster one or more applications. (Comment) One commenter stated interdisciplinary and collaborative As announced in NIH notice number that allowing multiple PIs will permit OD–07–017 (http://grants.nih.gov/ research and will improve management more senior investigators to take money grants/guide/notice-files/NOT-OD-07- flexibility even when components of away from junior collaborators. 017.html), these individuals must be such collaborative research programs (Response) The issue of inequities judged by the applicant organization to are administered by different NIH between junior and senior collaborators have the appropriate level of authority awarding components. is an issue that all institutions need to and responsibility to direct the project On June 25, 2007, we published a consider. The NIH believes that in cases or program supported by the grant in Notice of Proposed Rulemaking in the of a true partnership, recognizing the order to be considered Principal Federal Register (72 FR 34655–34657) names of both junior and senior Investigators. While this rule permits in which we announced our intention to collaborating PIs will offer an the applicant organization to designate amend the current regulations governing opportunity to reduce any power multiple individuals as Principal NIH grants for research projects, as differential that might exist with respect Investigators who share the authority previously discussed, and solicited to the project or within the grantee and responsibility for leading and public comment. We provided for a 60- organization. It is not clear how making directing the project, intellectually and day comment period. We received this option available would allow more logistically, each Principal Investigator comments from 11 separate individuals senior investigators to take money away is responsible and accountable to the and institutions concerning various from junior collaborators. applicant organization (or as aspects of the NPRM. Most comments (Comment) One commenter supported appropriate, to a collaborating supported NIH’s proposed actions. the proposed revision of the definition organization) for the proper conduct of However, several comments raised of the term ‘‘Principal Investigator’’ in the project or program, including the concerns about the actions. In order to section 52.2. However, the same submission of all required reports. In make it easier to identify comments and commenter was concerned that other words, the presence of more than NIH’s responses to the comments, the institutions should be consulted if NIH one identified Principal Investigator on word ‘‘Comment’’ appears in decides to make more than one award an application or award diminishes parentheses before the description of the in response to a singe application neither the responsibility nor the comment, and the word ‘‘Response’’ (section 52.6). accountability of any individual appears in parentheses before NIH’s (Response) We agree with the second Principal Investigator. response. comment that NIH should consult with Additionally, under current (Comment) Three commenters institutions when it decides to make regulations, the Secretary is permitted to indicated that having multiple PIs on a more than one award in response to a evaluate, approve, and make more than research grant would result in many single application (section 52.6). Over one award pursuant to two or more disputes, some of which would need to the years NIH has occasionally applications. In some cases, however, it be resolved by NIH. They suggested that disaggregated complex multiple project may be desirable to disaggregate a single one person will always have the vision awards into separate, single project application to make more than one that guides the study and that having awards when the individual projects award. For example, in the case of an additional PIs could lead to confusion have appeared to be more meritorious application for support of a project that and diffuse authority and could result in than the combined, multicomponent involves more than one Principal a team that is less productive. They approach. In all such cases, NIH
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consulted the grantee institution(s) that it will preserve the role, authority reviewed this final rule and as required before such awards were made. We and responsibility of all collaborating has determined that it does not have any agree with the proposal and have PIs. Federalism implications. The Director, modified the language set forth in (Comment) One commenter fully NIH, certifies that the final rule will not section 52.6 to read as follows: ‘‘* * * supported expanding the position of have an effect on the States, or on the [T]he Secretary may evaluate, approve, Principal Investigator as proposed, distribution of power and and make one or more awards pursuant indicating that it will better reflect the responsibilities among the various to one or more applications. When intellectual leadership of many NIH levels of government. making more than one award in grants. response to a single application, the (Comment) One commenter indicated Unfunded Mandates Act of 1995 Secretary shall consult with the that the designation of multiple This final rule will not result in the applicant organization(s), as Principal Investigators is an excellent expenditure by State, local, and tribal appropriate.’’ idea, noting that it will be beneficial for governments, in the aggregate, or by the (Comment) One commenter was young investigators who frequently get private sector, of $12,000,000 or more concerned that the rationale for ‘‘second billing’’ on a proposal because [adjusted for inflation] in any one year disaggregating single applications into of the feeling that a senior colleague is and will not significantly or uniquely several awards was not fully articulated. more likely to be funded. affect small governments. Therefore, no The commenter believed that it could (Comment) One commenter stated actions were deemed necessary under have utility in the case of a project that that having the ability to make more the Unfunded Mandates Act of 1995. involved collaborating PIs at different than one award to recognize institutions, which could be supported collaborating institutions will improve Paperwork Reduction Act through multiple, linked awards, but in the business process for collaborating This final rule contains information the view of the commenter, this was not institutions, although this was not collection requirements that were sufficiently explained in the final rule. specifically mentioned in the NPRM. approved under OMB 0925–0001 in (Response) The commenter provided We provide the following as public April 2006. an important point. As previously information. indicated, NIH has experience in The Catalogue of Federal Domestic disaggregating complex awards into one Regulatory Flexibility Act Assistance or more discrete projects when the The Regulatory Flexibility Act of 1980 The Catalogue of Federal Domestic individual projects are more meritorious (5 U.S.C. chapter 6) requires that Assistance numbered programs that are than the combined, complex project. In regulatory actions be analyzed to affected by the final rule include the the case of collaborative applications for determine whether they create a following: a single project that involves more than significant impact on a substantial one institution, it may be ideal from a 93.113—Biological Response to number of small entities. The Director, Environmental Health Hazards management perspective to make more NIH, certifies that this final rule does 93.114—Applied Toxicological Research and than one award that is linked to fund not have such impact. Testing the remote parts of the project. The Executive Order 12866 93.115—Biometry and Risk Estimation- alternative and more commonly Health Risks from Environmental employed approach is to make a single Executive Order 12866, ‘‘Regulatory Exposures award to one of the institutions and to Planning and Review,’’ requires that all 93.118—Acquired Immunodeficiency manage the parts of the project that regulatory actions reflect consideration Syndrome (AIDS) Activity occur at a separate institution through a of the costs and benefits they generate 93.121—Oral Diseases and Disorders sub-award. The NIH has used both and that they meet certain standards, Research such as avoiding the imposition of 93.135—Centers for Research and approaches. Presently, NIH is not in a Demonstration for Health Promotion and position to consider large numbers of unnecessary burdens on the affected Disease Prevention collaborative applications that involve public. If a regulatory action is deemed 93.136—Injury Prevention and Control multiple institutions or to manage a to fall within the scope of the definition Research and State and Community Based large number of linked awards. of the term ‘‘significant regulatory Programs Nonetheless, the change in the final rule action’’ contained in section 3(f) of 93.172—Human Genome Research will permit such management Executive Order 12866, prepublication 93.173—Research Related to Deafness and approaches in the future. review by the Office of Management and Communication Disorders (Comment) One commenter supported Budget (OMB)’s Office if Information 93.184—Disabilities Prevention the proposal to allow multiple PIs and and Regulatory Affairs (OIRA) is 93.213—Research and Training in Complementary and Alternative Medicine multiple awards in response to a single necessary. This final rule was reviewed 93.242—Mental Health Research Grants application. under Executive Order 12866 by OIRA 93.262—Occupational Safety and Health (Comment) One commenter supported and was deemed significant. Program the proposed redefinition of the term Executive Order 12866 also requires 93.271—Alcohol Research Career Principal Investigator and the language each agency to write all rules in plain Development Awards for Scientists and which permits the evaluation approval language. With this in mind, we have Clinicians and issuance of more awards pursuant made every effort to make this rule easy 93.273—Alcohol Research Programs to one or more grant applications. to understand. 93.279—Drug Abuse and Addiction Research (Comment) One commenter supported Programs the proposed rule, indicating that it will Executive Order 13132 93.281—Mental Health Research Career/ Executive Order 13132, Federalism, Scientist Development Awards encourage collaboration and will 93.283—Centers for Disease Control and facilitate the management, oversight, requires that Federal agencies consult Prevention-Investigations and Technical and stewardship of Federal funds. with State and local government Assistance (Comment) One commenter supported officials in the development of 93.361—Nursing Research the proposed revision of the definition regulatory policies with Federalism 93.389—National Center for Research of ‘‘Principal Investigator,’’ indicating implications. The Director, NIH, has Resources
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93.390—Academic Research Enhancement PART 52—GRANTS FOR RESEARCH of new scientific or technical data. New Award PROJECTS flood insurance premium rates will be 93.393—Cancer Cause and Prevention calculated from the modified BFEs for ■ Research 1. The authority citation for part 52 new buildings and their contents. 93.394—Cancer Detection and Diagnosis continues to read as follows: Research DATES: These modified BFEs are 93.395—Cancer Treatment Research Authority: 42 U.S.C. 216. currently in effect on the dates listed in 93.396—Cancer Biology Research ■ 2. We amend § 52.2 by revising the the table below and revise the Flood 93.701—Trans-NIH Recovery Act Research definition of the term ‘‘Principal Insurance Rate Maps (FIRMs) in effect Grant investigator’’ to read as follows: prior to this determination for the listed 93.702—NCRR Recovery Act Construction communities. Support § 52.2 Definitions. From the date of the second 93.821—Biophysics and Physiological publication of these changes in a Sciences Research * * * * * 93.827—Heart and Vascular Diseases Principal investigator means the newspaper of local circulation, any Research individual(s) judged by the applicant person has ninety (90) days in which to 93.838—Lung Diseases Research organization to have the appropriate request through the community that the 93.839—Blood Diseases and Resources level of authority and responsibility to FEMA Assistant Administrator for Research direct the project or program supported Mitigation reconsider the changes. The 93.846—Arthritis, Musculoskeletal and Skin by the grant and who is or are modified BFEs may be changed during Diseases Research responsible for the scientific and the 90-day period. 93.847—Diabetes, Endocrinology and technical direction of the project. ADDRESSES: The modified BFEs for each Metabolism Research 93.848—Digestive Diseases and Nutrition * * * * * community are available for inspection Research ■ 3. We amend § 52.6 by revising at the office of the Chief Executive 93.849—Kidney Diseases, Urology and paragraph (d) to read as follows: Officer of each community. The Hematology Research respective addresses are listed in the 93.853—Clinical Research Related to § 52.6 Grant awards. table below. Neurological Disorders * * * * * FOR FURTHER INFORMATION CONTACT: 93.855—Allergy, Immunology and (d) Multiple or concurrent awards. Kevin C. Long, Engineering Transplantation Research Whenever a research project involves a Management Branch, Mitigation 93.856—Microbiology and Infectious number of different but related Diseases Research Directorate, Federal Emergency 93.859—Biomedical Research and Research problems, activities or disciplines Management Agency, 500 C Street, SW., Training which require evaluation by different Washington, DC 20472, (202) 646–2820. 93.865—Research for Mothers and Children groups, or whenever support for a SUPPLEMENTARY INFORMATION: The 93.866—Aging Research project could be more effectively modified BFEs are not listed for each 93.867—Vision Research administered by separate handling of community in this interim rule. 93.879—Medical Library Assistance separate aspects of the project, the However, the address of the Chief 93.929—Center for Medical Rehabilitation Secretary may evaluate, approve, and Research Executive Officer of the community make one or more awards pursuant to where the modified BFE determinations 93.934—Fogarty International Center one or more applications. When making Research Collaboration Award are available for inspection is provided. 93.939—Blood Diseases and Resources more than one award in response to a Any request for reconsideration must Research single application, the Secretary shall be based on knowledge of changed 93.941—HIV Demonstration, Research, consult with the applicant conditions or new scientific or technical Public and Professional Education Projects organization(s), as appropriate. data. 93.942—Research, Treatment and Education * * * * * The modifications are made pursuant Programs on Lyme Disease in the United [FR Doc. E9–27025 Filed 11–9–09; 8:45 am] to section 201 of the Flood Disaster States Protection Act of 1973, 42 U.S.C. 4105, 93.943—Epidemiologic Research Studies of BILLING CODE 4140–01–P Acquired Immunodeficiency Syndrome and are in accordance with the National (AIDS) and Human Immunodeficiency Flood Insurance Act of 1968, 42 U.S.C. Virus (HIV) Infection in Selected 4001 et seq., and with 44 CFR part 65. DEPARTMENT OF HOMELAND For rating purposes, the currently Population Groups SECURITY 93.947—Tuberculosis Demonstration, effective community number is shown Research, Public and Professional Federal Emergency Management and must be used for all new policies Education Agency and renewals. List of Subjects in 42 CFR Part 52 The modified BFEs are the basis for the floodplain management measures 44 CFR Part 65 Grant programs—Health, Medical that the community is required to either research, Occupational safety and [Docket ID FEMA–2008–0020; Internal adopt or to show evidence of being health. Agency Docket No. FEMA–B–1063] already in effect in order to qualify or Dated: July 21, 2009. to remain qualified for participation in Changes in Flood Elevation the National Flood Insurance Program Raynard S. Kington, Determinations Director, National Institutes of Health. (NFIP). These modified BFEs, together with Approved: September 22, 2009. AGENCY: Federal Emergency the floodplain management criteria Kathleen Sebelius, Management Agency, DHS. ACTION: Interim rule. required by 44 CFR 60.3, are the Secretary. minimum that are required. They ■ For reasons presented in the SUMMARY: This interim rule lists should not be construed to mean that preamble, we amend Part 52 of Title 42 communities where modification of the the community must change any of the Code of Federal Regulations as set Base (1% annual-chance) Flood existing ordinances that are more forth below. Elevations (BFEs) is appropriate because stringent in their floodplain
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management requirements. The Regulatory Classification. This ■ Accordingly, 44 CFR part 65 is community may at any time enact interim rule is not a significant amended to read as follows: stricter requirements of its own, or regulatory action under the criteria of pursuant to policies established by the section 3(f) of Executive Order 12866 of PART 65—[AMENDED] other Federal, State, or regional entities. September 30, 1993, Regulatory The changes in BFEs are in accordance Planning and Review, 58 FR 51735. ■ 1. The authority citation for part 65 with 44 CFR 65.4. Executive Order 13132, Federalism. continues to read as follows: National Environmental Policy Act. This interim rule involves no policies Authority: 42 U.S.C. 4001 et seq.; This interim rule is categorically that have federalism implications under Reorganization Plan No. 3 of 1978, 3 CFR, excluded from the requirements of 44 Executive Order 13132, Federalism. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, CFR part 10, Environmental Executive Order 12988, Civil Justice 3 CFR, 1979 Comp., p. 376. Consideration. An environmental Reform. This interim rule meets the impact assessment has not been applicable standards of Executive Order § 65.4 [Amended] prepared. 12988. ■ Regulatory Flexibility Act. As flood 2. The tables published under the elevation determinations are not within List of Subjects in 44 CFR Part 65 authority of § 65.4 are amended as the scope of the Regulatory Flexibility Flood insurance, Floodplains, follows: Act, 5 U.S.C. 601–612, a regulatory Reporting and recordkeeping flexibility analysis is not required. requirements.
Location and Date and name of newspaper Effective date of Community State and county case No. where notice was published Chief executive officer of community modification No.
Idaho: Teton ...... Unincorporated May 21, 2009; May 28, 2009; The Honorable Larry Young, Chairman, September 25, 2009 ...... 160230 areas of Teton Teton Valley News. Teton County, Board of Commis- County (08–10– sioners, P.O. Box 756, Driggs, ID 0585P). 83422. Minnesota: Olmsted ...... Unincorporated May 26, 2009; June 2, 2009; The Honorable Ken Brown, Commis- May 15, 2009 ...... 270626 areas of Olmsted Post-Bulletin. sioner, c/o County Administration, 151 County (09–05– 4th Street Southeast, Rochester, MN 1227P). 55904. Olmsted ...... City of Rochester May 26, 2009; June 2, 2009; The Honorable Ardell F. Brede, Mayor, May 15, 2009 ...... 275246 (09–05–1227P). Post-Bulletin. City of Rochester, 201 4th Street Southeast, Room 281, Rochester, MN 55904. Stearns ...... City of Cold Springs June 2, 2009; June 9, 2009; The Honorable Doug Schmitz, Mayor, October 7, 2009 ...... 270444 (09–05–2287P). Cold Springs Record. City of Cold Spring, 12 11th Avenue North, Cold Spring, MN 56320. Missouri: Jefferson .. Unincorporated June 4, 2009; June 11, 2009; Mr. Chuck Banks, Jefferson County Exec- May 28, 2009 ...... 290808 areas of Jefferson Jefferson County Leader. utive, Jefferson County, P.O. Box 100, County (09–07– Hillsboro, MO 63050. 0429P). Montana: Flathead .. Unincorporated May 26, 2009; June 2, 2009; The Honorable Dale Lauman, Chairman, September 30, 2009 ...... 300023 areas of Flathead Daily Inter Lake. Flathead County Board of Commis- County (09–08– sioners, 800 South Main Street, Kali- 0251P). spell, MT 59901. New Mexico: City of Rio Rancho June 5, 2009; June 12, 2009; The Honorable Thomas E. Swisstack, May 26, 2009 ...... 350146 Sandoval. (09–06–0561P). Albuquerque Journal. Mayor, City of Rio Rancho, 3200 Civic Center Circle Northeast, Rio Rancho, NM 87144. South Carolina: Aiken ...... Unincorporated May 8, 2009; May 15, 2009; The Honorable Ronnie Young, Council April 30, 2009 ...... 450002 areas of Aiken Aiken Standard. Chairman, Aiken County Council, 736 County (09–04– Richland Avenue West, Aiken, SC 1792P). 29801. Aiken ...... City of North Au- May 8, 2009; May 15, 2009; The Honorable Lark W. Jones, Mayor, April 30, 2009 ...... 450007 gusta (09–04– Aiken Standard. City of North Augusta, Post Office Box 1792P). 6400, North Augusta, SC 29861. South Dakota: Law- City of Deadwood June 3, 2009; June 10, 2009; The Honorable Francis A. Toscana, October 8, 2009 ...... 460045 rence. (09–08–0225P). Lawrence County Journal. Mayor, City of Deadwood, P.O. Box 413, Deadwood, SD 57732. Texas: Kerr ...... City of Kerrville (09– May 11, 2009; May 18, 2009; The Honorable Todd Bock, Mayor, City of September 15, 2009 ...... 480420 06–0116P). Kerrville Daily Times. Kerrville, 800 Junction Highway, Kerrville, TX 78028. Utah: Davis ...... City of Centerville May 26, 2009; June 2, 2009; The Honorable Ronald G. Russell, Mayor, May 12, 2009 ...... 490040 (07–08–0754P). Salt Lake Tribune. City of Centerville, 73 West Ricks Creek Way, Centerville, UT 84014. Virginia: Rockingham ..... Town of Bridgewater May 21, 2009; May 28, 2009; Mr. Bob F. Holton, Town Superintendent, May 12, 2009 ...... 510134 (09–03–0163P). Daily News Record. Town of Bridgewater, 201 Green Street, Bridgewater, VA 22812. Rockingham ..... Unincorporated May 21, 2009; May 28, 2009; Mr. Joseph F. Paxton, County Adminis- May 12, 2009 ...... 510133 areas of Rocking- Daily News Record. trator, Rockingham County, 20 East ham County (09– Gay Street, Harrisonburg, VA 22801. 03–0163P).
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(Catalog of Federal Domestic Assistance No. ADDRESSES: The final BFEs for each 10, Environmental Consideration. An 97.022, ‘‘Flood Insurance.’’) community are available for inspection environmental impact assessment has Deborah S. Ingram, at the office of the Chief Executive not been prepared. Acting Deputy Assistant Administrator for Officer of each community. The Regulatory Flexibility Act. As flood Mitigation, Mitigation Directorate, respective addresses are listed in the elevation determinations are not within Department of Homeland Security, Federal table below. the scope of the Regulatory Flexibility Emergency Management Agency. FOR FURTHER INFORMATION CONTACT: Act, 5 U.S.C. 601–612, a regulatory [FR Doc. E9–27111 Filed 11–9–09; 8:45 am] Kevin C. Long, Acting Chief, flexibility analysis is not required. BILLING CODE 9110–12–P Engineering Management Branch, Regulatory Classification. This final Mitigation Directorate, Federal rule is not a significant regulatory action Emergency Management Agency, 500 C under the criteria of section 3(f) of DEPARTMENT OF HOMELAND Street, SW., Washington, DC 20472, Executive Order 12866 of September 30, SECURITY (202) 646–2820. 1993, Regulatory Planning and Review, Federal Emergency Management SUPPLEMENTARY INFORMATION: The 58 FR 51735. Agency Federal Emergency Management Agency Executive Order 13132, Federalism. (FEMA) makes the final determinations This final rule involves no policies that 44 CFR Part 67 listed below for the modified BFEs for have federalism implications under each community listed. These modified Executive Order 13132. [Docket ID FEMA–2008–0020] elevations have been published in Executive Order 12988, Civil Justice newspapers of local circulation and Final Flood Elevation Determinations Reform. This final rule meets the ninety (90) days have elapsed since that applicable standards of Executive Order AGENCY publication. The Assistant : Federal Emergency 12988. Management Agency, DHS. Administrator for Mitigation has ACTION: Final rule. resolved any appeals resulting from this List of Subjects in 44 CFR Part 67 notification. SUMMARY: Base (1% annual-chance) This final rule is issued in accordance Administrative practice and Flood Elevations (BFEs) and modified with section 110 of the Flood Disaster procedure, Flood insurance, Reporting BFEs are made final for the Protection Act of 1973, 42 U.S.C. 4104, and recordkeeping requirements. communities listed below. The BFEs and 44 CFR part 67. FEMA has ■ Accordingly, 44 CFR part 67 is and modified BFEs are the basis for the developed criteria for floodplain amended as follows: floodplain management measures that management in floodprone areas in each community is required either to accordance with 44 CFR part 60. PART 67—[AMENDED] adopt or to show evidence of being Interested lessees and owners of real already in effect in order to qualify or property are encouraged to review the ■ 1. The authority citation for part 67 remain qualified for participation in the proof Flood Insurance Study and FIRM continues to read as follows: National Flood Insurance Program available at the address cited below for Authority: 42 U.S.C. 4001 et seq.; (NFIP). each community. Reorganization Plan No. 3 of 1978, 3 CFR, DATES: The date of issuance of the Flood The BFEs and modified BFEs are 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Insurance Rate Map (FIRM) showing made final in the communities listed 3 CFR, 1979 Comp., p. 376. BFEs and modified BFEs for each below. Elevations at selected locations § 67.11 [Amended] community. This date may be obtained in each community are shown. by contacting the office where the maps National Environmental Policy Act. ■ 2. The tables published under the are available for inspection as indicated This final rule is categorically excluded authority of § 67.11 are amended as on the table below. from the requirements of 44 CFR part follows:
* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
Miller County, Arkansas, and Incorporated Areas Docket No.: FEMA–B–1017
McKinney Bayou Tributary 2A .. Approximately 4,306 feet downstream from the intersec- +272 Unincorporated Areas of Mil- tion of Sugar Hill Road and McKinney Bayou Tributary ler County. 2A. Approximately 630 feet downstream from the intersection +288 of Sugar Hill Road and McKinney Bayou Tributary 2A.
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Unincorporated Areas of Miller County Maps are available for inspection at the County Courthouse, 400 Laurel Street, Texarkana, AR 71854.
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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
Barrow County, Georgia, and Incorporated Areas Docket No.: FEMA–B–1021
Apalachee River ...... Approximately 5,345 feet upstream of Loganville Highway +820 Unincorporated Areas of Barrow County, City of Au- burn. Approximately 1,140 feet upstream of CSX Railroad ...... +905 Cedar Creek ...... Approximately 1,220 feet downstream of Miles Patrick +820 Unincorporated Areas of Road. Barrow County, City of Winder. Approximately 470 feet downstream of Miles Patrick Road +822 Tributary No. 1 ...... At the confluence with Cedar Creek ...... +822 Unincorporated Areas of Barrow County, City of Winder. Approximately 50 feet downstream of Sims Road ...... +840 Winder Reservoir ...... Entire shoreline ...... +850 Unincorporated Areas of Barrow County.
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Auburn Maps are available for inspection at City Hall, 1369 4th Avenue, Auburn, GA 30011. City of Winder Maps are available for inspection at the Inspections Department, 23 North Jackson Street, Winder, GA 30680. Unincorporated Areas of Barrow County Maps are available for inspection at the Annex Building, 223 East Broad Street, Winder, GA 30680.
Richland County, North Dakota, and Incorporated Areas Docket No.: FEMA–B–1016
Sheyenne River ...... 50 feet upstream of Gol Bridge ...... +956 Unincorporated Areas of Richland County, Town- ship of Barrie. 1,696 feet downstream of 151st Avenue SE ...... +986 Upstream Wahpeton Breakout, 100 feet upstream of 182nd Avenue SE ...... +964 Township of Center, City of Breakout Reach. Wahpeton, Township of Summit. 64 feet downstream of 182nd Avenue SE ...... +966 Upstream Wahpeton Breakout, 49 feet upstream of State Highway 127 ...... +965 Township of Summit, Town- Drain 55. ship of Center. Upstream Wahpeton Breakout, 220 feet upstream of 78th Street SE ...... +955 Township of Center, City of West Breakout Reach. Wahpeton. 36 feet upstream of 83rd Street SE ...... +963 Wild Rice River ...... 1,118 feet upstream of ND Highway 46 ...... +923 Township of Walcott. 2,466 feet downstream of 60th Street SE ...... +930
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Wahpeton Maps are available for inspection at 1900 North 4th Street, Wahpeton, ND 58074. Unincorporated Areas of Richland County Maps are available for inspection at 418 2nd Avenue North, Wahpeton, ND 58075. Township of Barrie Maps are available for inspection at 5515 160th Avenue Southeast, Kindred, ND 58051. Township of Center Maps are available for inspection at 17915 84th Street Southeast, Wahpeton, ND 58075. Township of Summit Maps are available for inspection at 8945 179th Avenue Southeast, Fairmount, ND 58030. Township of Walcott Maps are available for inspection at 5470 County Road #1, Kindred, ND 58051.
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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
Athens County, Ohio, and Incorporated Areas Docket No.: FEMA–B–1006
Hocking River ...... Approximately 3,200 feet downstream of State Route 144 +602 Village of Coolville. Just downstream of State Route 144 ...... +602 Hocking River ...... Approximately 16,000 feet upstream of Highway 50 ...... +625 Unincorporated Areas of Ath- ens County. Approximately 100 feet upstream of South Canaan Road +629 At Chessie System Railroad ...... +649 Approximately 1,500 feet upstream of Chessie System +649 Railroad. Hocking River ...... At confluence with Sunday Creek ...... +661 Village of Chauncey. Approximately 150 feet upstream of Conrail Railroad ...... +661 Margaret Creek ...... Approximately 500 feet upstream of State Highway 682 ... +649 Unincorporated Areas of Ath- ens County, City of Ath- ens. Approximately 550 feet downstream of State Highway 56 +649 Sunday Creek ...... Approximately 240 feet downstream of railroad at Village +679 Unincorporated Areas of Ath- of Trimble/Athens County Unincorporated Areas bound- ens County. ary. Just upstream of railroad at Village of Trimble/Athens +680 County Unincorporated Areas boundary. Sunday Creek ...... At State Highway 13 ...... +661 Village of Chauncey. Approximately 4,600 feet upstream of State Highway 13 .. +661 Sunday Creek ...... Approximately 240 feet downstream of railroad at Village +679 Village of Jacksonville. of Trimble/Athens County Unincorporated Areas bound- ary. Just upstream of railroad at Village of Trimble/Athens +680 County Unincorporated Areas boundary. Sunday Creek ...... Just upstream of railroad at Village of Trimble/Athens +680 Village of Trimble. County Unincorporated Areas boundary. Approximately 850 feet upstream of Center Street ...... +682
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Athens Maps are available for inspection at 28 Curran Drive, Athens, OH 45701. Unincorporated Areas of Athens County Maps are available for inspection at 28 Curran Drive, Athens, OH 45701. Village of Chauncey Maps are available for inspection at 28 Curran Drive, Athens, OH 45701. Village of Coolville Maps are available for inspection at 28 Curran Drive, Athens, OH 45701. Village of Jacksonville Maps are available for inspection at 28 Curran Drive, Athens, OH 45701. Village of Trimble Maps are available for inspection at 15 Congress Street, Trimble, OH 45782.
Jackson County, Ohio, and Incorporated Areas Docket No.: FEMA–B–7778
North Pigeon Creek ...... Approximately 800 feet downstream of Chessie System +630 Unincorporated Areas of Railroad. Jackson County. Approximately 580 feet upstream of County Highway 31 .. +641
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Unincorporated Areas of Jackson County Maps are available for inspection at the GIS Office, 237 East Main Street, Jackson, OH 45640.
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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
Oklahoma County, Oklahoma, and Incorporated Areas Docket No.: FEMA–B–7752
Cherry Creek ...... NE 10th Street ...... +1162 City of Del City, City of Okla- homa City. Approximately 565 feet upstream to intersection with SE +1233 44th Street. Chisolm Creek ...... Intersection with Hefner Road ...... +1169 City of The Village. Approximately 103 feet upstream of Greystone Avenue .... +1189 Coffee Creek ...... Confluence with Deep Fork ...... +955 City of Edmond, Town of Ar- cadia. Approximately 5,600 feet upstream of confluence with +1102 Deep Fork. Cowbell Creek Tributary 1 ...... Confluence with Cowbell Creek ...... +1089 City of Edmond. Approximately 9,050 feet upstream of confluence with +1089 Cowbell Creek. Crutcho Creek ...... Approximately 1,650 feet downstream of NE 36th Street .. +1149 City of Midwest City, City of Del City, City of Oklahoma City, Unincorporated Areas of Oklahoma County. Approximately 1,800 feet downstream of Sunnylane Road +1268 Crutcho Creek Trib C (West Confluence with Crutcho Creek ...... +1208 City of Oklahoma City. Crutcho). Approximately 800 feet downstream of Sunnylane Road +1256 Intersection. Crutcho Creek Trib E (East Confluence with Crutcho Creek ...... +1208 City of Oklahoma City. Crutcho). Approximately 6,450 feet upstream of Air Depot Boule- +1243 vard. Crutcho Creek Tributary B ...... Confluence with Crutcho Creek ...... +1197 City of Del City. Intersection with Woodview Drive ...... +1213 Crutcho Creek Tributary D ...... Confluence with Crutcho Creek ...... +1171 City of Midwest City. Approximately 5,544 feet upstream of confluence with +1192 Crutcho Creek. Deep Fork ...... Approximately 100 feet upstream of Luther Avenue ...... +896 Town of Luther. Approximately 345 feet upstream of Peebly Road ...... +908 Deep Fork ...... Confluence with Deep Fork Tributary 3 ...... +946 City of Edmond, Town of Ar- cadia. Approximately 3,416 feet upstream of 33rd Street ...... +963 Deep Fork (Arcadia Lake) ...... Upstream of Arcadia Dam at the Intersection with East +1030 City of Edmond, City of Hefner Road. Oklahoma City. Draper Lake Drainage East ...... Approximately 400 feet upstream of SE 74th Street ...... +1239 City of Oklahoma City Approximately 2,100 feet upstream of SE 74th Street ...... +1265 Draper Lake Drainage West ..... Approximately 450 feet upstream of SE 74th Street ...... +1226 City of Oklahoma City. Approximately 2,100 feet upstream of SE 74th Street ...... +1260 Kuhlman Creek ...... Approximately 2,000 feet upstream from the intersection +1226 City of Midwest City, City of with Airport Depot Boulevard. Oklahoma City. Confluence with Crutcho Creek ...... +1999 Opossum Creek ...... Confluence with Deep Fork ...... +950 City of Edmond. Approximately 28,100 feet upstream of confluence with +1029 Deep Fork. Silver Creek ...... At the intersection with Spencer Road ...... +1155 City of Midwest City, City of Spencer. Approximately 820 feet upstream of Lloyd Drive ...... +1231 Smith Creek ...... Confluence with Deep Fork ...... +907 Town of Luther, City of Okla- homa City. Approximately 26,200 feet upstream of confluence with +929 Crutcho Creek. Soldier Creek Tributary to Confluence with Crutcho Creek ...... +1167 City of Midwest City. Crutcho Creek. Approximately 26,200 feet upstream of confluence with +1225 Crutcho Creek. Spring Creek ...... Confluence with Arcadia Lake ...... +1030 City of Edmond. Intersection with Interstate 35 ...... +1032
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground.
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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
ADDRESSES City of Del City Maps are available for inspection at 4517 Southeast 29th Street, Del City, OK 73155. City of Edmond Maps are available for inspection at 100 East 1st Street, Edmond, OK 73083. City of Midwest City Maps are available for inspection at 100 North Midwest City Boulevard, Midwest City, OK 73140. City of Oklahoma City Maps are available for inspection at 420 West Main Street, Suite 700, Oklahoma City, OK 73102. City of Spencer Maps are available for inspection at 8200 Northeast 36th Street, Spencer, OK 73084. City of The Village Maps are available for inspection at 2304 Manchester Drive, The Village, OK 73120. Town of Arcadia Maps are available for inspection at 217 North Main Street, Arcadia, OK 73007. Town of Luther Maps are available for inspection at 119 South Main Street, Luther, OK 73054. Unincorporated Areas of Oklahoma County Maps are available for inspection at 320 Robert S. Kerr Avenue, Suite 101, Oklahoma City, OK 73102.
Sauk County, Wisconsin, and Incorporated Areas Docket No.: FEMA–B–1018
Baraboo River ...... Columbia County boundary ...... +802 City of Baraboo, City of Reedsburg, Unincor- porated Areas of Sauk County, Village of Lavalle, Village of North Freedom, Village of Rock Springs, Village of West Baraboo. 3.7 miles downstream of Juneau County boundary ...... +905 Baraboo River Tributary ...... 64 feet upstream of State Hwy 33 ...... +849 Unincorporated Areas of Sauk County. 350 feet upstream of Berkley Boulevard ...... +880 Clark Creek ...... Confluence with Baraboo River ...... +818 Unincorporated Areas of Sauk County. 0.37 mile upstream from bridge at Tower Road ...... +1234 Devil’s Lake Tributary ...... Confluence with Baraboo River ...... +819 City of Baraboo, Unincor- porated Areas of Sauk County. 0.57 mile upstream from County Highway DL ...... +979 Hay Creek ...... 0.56 mile upstream of County Highway F ...... +909 Unincorporated Areas of Sauk County. 161 ft upstream of County Highway F ...... +909 Hulbert Creek ...... 0.32 mile upstream of US Highway 12 ...... +827 City of Wisconsin Dells. 0.51 mile upstream of Trout Road (Wisconsin Dells) ...... +831 Pine Creek ...... 874 feet downstream of Hatchery Road ...... +858 Unincorporated Areas of Sauk County. Confluence with Skillet Creek ...... +869 Skillet Creek ...... Confluence with Pine Creek ...... +869 Unincorporated Areas of Sauk County. 28 feet upstream of bridge at State Highway 159 ...... +981 Tributary to Devil’s Lake Tribu- Confluence with Devil’s Lake Tributary ...... +871 Unincorporated Areas of tary. Sauk County. 0.67 mile upstream from bridge at State Highway 159 ...... +1117 Wisconsin River ...... 6.9 miles upstream of Richland County boundary ...... +711 Village of Merrimac, Unincor- porated Areas of Sauk County, Village of Prairie du Sac, Village of Sauk City, Village of Spring Green. 12.5 miles downstream of Kilbourn Dam ...... +808
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground.
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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
ADDRESSES City of Baraboo Maps are available for inspection at 135 4th Street, Barboo, WI 53913. City of Reedsburg Maps are available for inspection at 134 South Locust Street, Reedsburg, WI 53959. City of Wisconsin Dells Maps are available for inspection at 300 La Crosse Street, Wisconsin Dells, WI 53965. Unincorporated Areas of Sauk County Maps are available for inspection at 505 Broadway, Baraboo, WI 53913 Village of Lavalle Maps are available for inspection at 103 West Main Street, La Valle, WI 53941. Village of Merrimac Maps are available for inspection at 100 Cook Street, Merrimac, WI 53561. Village of North Freedom Maps are available for inspection at 103 North Maple Street, North Freedom, WI 53951. Village of Prairie Du Sac Maps are available for inspection at 335 Galena Street, Prairie du Sac, WI 53578. Village of Rock Springs Maps are available for inspection at 201 West Broadway Avenue, Rock Springs, WI 53961. Village of Sauk City Maps are available for inspection at 726 Water Street, Sauk City, WI 53583. Village of Spring Green Maps are available for inspection at 154 North Lexington Street, Spring Green, WI 53588. Village of West Baraboo Maps are available for inspection at 500 Cedar Street, Baraboo, WI 53913.
(Catalog of Federal Domestic Assistance No. remain qualified for participation in the resolved any appeals resulting from this 97.022, ‘‘Flood Insurance.’’) National Flood Insurance Program notification. Deborah S. Ingram, (NFIP). This final rule is issued in accordance with section 110 of the Flood Disaster Acting Deputy Assistant Administrator for DATES: The date of issuance of the Flood Protection Act of 1973, 42 U.S.C. 4104, Mitigation, Mitigation Directorate, Insurance Rate Map (FIRM) showing Department of Homeland Security, Federal and 44 CFR part 67. FEMA has BFEs and modified BFEs for each developed criteria for floodplain Emergency Management Agency. community. This date may be obtained [FR Doc. E9–27109 Filed 11–9–09; 8:45 am] management in floodprone areas in by contacting the office where the maps accordance with 44 CFR part 60. BILLING CODE 9110–12–P are available for inspection as indicated Interested lessees and owners of real on the table below. property are encouraged to review the DEPARTMENT OF HOMELAND ADDRESSES: The final BFEs for each proof Flood Insurance Study and FIRM SECURITY community are available for inspection available at the address cited below for at the office of the Chief Executive each community. The BFEs and Federal Emergency Management Officer of each community. The modified BFEs are made final in the Agency respective addresses are listed in the communities listed below. Elevations at table below. selected locations in each community are shown. 44 CFR Part 67 FOR FURTHER INFORMATION CONTACT: National Environmental Policy Act. Kevin C. Long, Acting Chief, [Docket ID FEMA–2008–0020] This final rule is categorically excluded Engineering Management Branch, from the requirements of 44 CFR part Final Flood Elevation Determinations Mitigation Directorate, Federal 10, Environmental Consideration. An Emergency Management Agency, 500 C AGENCY: Federal Emergency environmental impact assessment has Street, SW., Washington, DC 20472, Management Agency, DHS. not been prepared. (202) 646–2820. ACTION: Final rule. Regulatory Flexibility Act. As flood SUPPLEMENTARY INFORMATION: The elevation determinations are not within SUMMARY: Base (1% annual-chance) Federal Emergency Management Agency the scope of the Regulatory Flexibility Flood Elevations (BFEs) and modified (FEMA) makes the final determinations Act, 5 U.S.C. 601–612, a regulatory BFEs are made final for the listed below for the modified BFEs for flexibility analysis is not required. communities listed below. The BFEs each community listed. These modified Regulatory Classification. This final and modified BFEs are the basis for the elevations have been published in rule is not a significant regulatory action floodplain management measures that newspapers of local circulation and under the criteria of section 3(f) of each community is required either to ninety (90) days have elapsed since that Executive Order 12866 of September 30, adopt or to show evidence of being publication. The Assistant 1993, Regulatory Planning and Review, already in effect in order to qualify or Administrator for Mitigation has 58 FR 51735.
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Executive Order 13132, Federalism. List of Subjects in 44 CFR Part 67 Authority: 42 U.S.C. 4001 et seq.; This final rule involves no policies that Administrative practice and Reorganization Plan No. 3 of 1978, 3 CFR, have federalism implications under procedure, Flood insurance, Reporting 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. Executive Order 13132. and recordkeeping requirements. Executive Order 12988, Civil Justice ■ Accordingly, 44 CFR part 67 is § 67.11 [Amended] Reform. This final rule meets the amended as follows: applicable standards of Executive Order ■ 2. The tables published under the 12988. PART 67—[AMENDED] authority of 67.11 are amended as ■ 1. The authority citation for part 67 follows: continues to read as follows:
* Elevation in feet (NGVD) + Elevation in feet State City/town/county Source of flooding Location (NAVD) # Depth in feet above ground Modified
City of Campbell, Ohio Docket No.: FEMA–B–1012
Ohio ...... City of Campbell ...... Mahoning River ...... Approximately 1,400 feet upstream of Bridge +827 Road. Approximately 7,700 feet upstream of Bridge +831 Road. Approximately 2,700 feet downstream of Cen- +833 ter Street. Approximately 2,000 feet downstream of Cen- +833 ter Street.
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Campbell Maps are available for inspection at the Administration and Finance Office, 351 Tenney Avenue, Campbell, OH 44405. * Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
Mohave County, Arizona, and Incorporated Areas Docket Nos.: FEMA–B–7775 and FEMA–B–1007
Beaver Dam Wash ...... 1 mile downstream of Old U.S. 91 ...... +1,800 Unincorporated Areas of Mo- have County. 2.3 miles upstream of Old U.S. 91 ...... +1,926 Big Montana Wash ...... Approximately 1,325 feet downstream of Black Mountain #1 City of Bullhead City. Road. Approximately 425 feet downstream of Ramar Road ...... +534 Approximately 100 feet downstream of State Route 95 ..... +603 Approximately 1,325 feet downstream of Black Mountain +767 Road. Approximately 380 feet upstream of Tesota Road ...... +876 Big Montana Wash Overflow .... Approximately at confluence with Big Montana Wash ...... #1 City of Bullhead City. Bojorquez Wash ...... Approximately 150 feet upstream of Country Club Road ... #1 City of Bullhead City. Approximately 120 feet upstream of Country Club Road ... +504 Cerbat Wash ...... Approximately 700 feet downstream of Ramada Road ...... +2,478 Unincorporated Areas of Mo- have County. Approximately 250 feet upstream of Shipp Drive ...... +2,765 Cerbat Wash Tributary 1A ...... Approximately 1,400 feet downstream of Unkar Drive ...... +2,563 Unincorporated Areas of Mo- have County. Approximately 200 feet downstream of Bolsa Drive ...... +2,630 Chaparral Wash ...... Approximately at upstream side of Newberry Road ...... #1 City of Bullhead City. Approximately 1,200 feet upstream of Acacia Road ...... #2 Approximately 300 feet downstream of Country Club +504 Road. Approximately 400 feet downstream of Country Club +504 Road. Approximately 400 feet downstream of State Route 95 ..... +548
VerDate Nov<24>2008 16:35 Nov 09, 2009 Jkt 220001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\10NOR1.SGM 10NOR1 srobinson on DSKHWCL6B1PROD with RULES 57930 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Rules and Regulations
* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
Approximately 1,200 feet upstream of Acacia Way ...... +726 Approximately 0.68 mile upstream of Acacia Way ...... +778 Chaparral Wash Tributary 1 ..... Approximately 0.48 mile downstream of Acacia Way ...... #1 City of Bullhead City. Approximately 0.75 mile downstream of Acacia Way ...... #1 Approximately 1,355 feet downstream of Acacia Way ...... #2 Approximately 0.60 mile downstream of Acacia Way ...... #2 Approximately 1,300 feet downstream of Acacia Way ...... +670 Approximately 650 feet upstream of Acacia Way ...... +717 Chaparral Wash Tributary 2 ..... Approximately 830 feet downstream of Havasupai Road .. #2 City of Bullhead City. Approximately 830 feet downstream of Havasupai Road .. +726 Approximately 50 feet downstream of Havasupai Road .... +749 Chemehuevi Wash ...... Approximately 1,170 feet downstream of Sweetwater Ave- +669 City of Lake Havasu, Unin- nue. corporated Areas of Mo- have County. Approximately 0.80 mile upstream of Chicksaw Drive ...... +1,374 Colorado River ...... Approximately at the upstream side of Interstate 40 ...... +465 City of Bullhead City, Unin- corporated Areas of Mo- have County. Approximately 250 feet downstream of Davis Dam ...... +514 Davis Wash ...... Approximately 700 feet upstream of La Puerta Road ...... #1 City of Bullhead City. Approximately 0.53 mile downstream of La Puerta Road .. #1 Approximately 0.40 mile downstream of La Puerta Road .. #2 Approximately 100 feet downstream of State Route 95 ..... +522 Approximately 100 feet downstream of Pegasus Ranch +967 Road. Approximately 100 feet upstream of Pegasus Ranch Road +987 Davis Wash Tributary 1 ...... Approximately 550 feet upstream of Pegasus Ranch Road #1 City of Bullhead City. Davis Wash Tributary 1 of Trib- Approximately 550 feet upstream of Pegasus Ranch Road #1 City of Bullhead City. utary 1. Davis Wash Tributary 2 ...... Approximately 550 feet upstream of Pegasus Ranch Road #1 City of Bullhead City. Davis Wash Tributary 3 ...... Approximately 530 feet upstream of Pegasus Ranch Road #1 City of Bullhead City. Davis Wash Tributary 4 ...... Approximately 500 feet upstream of Pegasus Ranch Road #1 City of Bullhead City. Approximately 50 feet downstream of Pegasus Ranch #1 Road. Davis Wash Tributary 5 ...... Approximately 1,100 feet upstream of McCormick Blvd ..... #1 City of Bullhead City. Dump Wash ...... Approximately 100 feet upstream of Bullhead Parkway ..... #1 City of Bullhead City. Approximately 300 feet upstream of State Route 95 ...... #1 Approximately 1,850 feet downstream of Bullhead Park- #1 way. Approximately 100 feet downstream of Bullhead Parkway #2 Approximately upstream side of State Route 95 ...... #2 Approximately 0.40 mile upstream of Lost Hills Road ...... #2 El Dorado Wash ...... Approximately 700 feet downstream of London Bridge +462. City of Lake Havasu Road. Approximately 1,320 feet upstream of Jamaica Blvd ...... +1276 Fort Mohave Wash ...... Approximately 1,250 feet upstream of State Route 95 ...... #1 City of Bullhead City, Unin- corporated Areas of Mo- have County. Approximately 0.57 mile upstream of Arroyo Vista Drive ... #2 Approximately 150 feet upstream of confluence with Soto #2 Wash. Fox Wash ...... Approximately 0.64 mile upstream of State Route 95 ...... #1 City of Bullhead City. Approximately 1,200 feet downstream of Tera Loma Road #1 Approximately 1,730 feet downstream of Bullhead Park- #2 way. Approximately 1,450 feet downstream of State Route 95 .. #2 Approximately 700 feet downstream of State Route 95 ..... #3 Approximately 0.63 mile downstream of Tera Loma Road +491 Approximately 600 feet downstream of State Route 95 ..... +511 Approximately 0.64 mile upstream of State Route 95 ...... +642 Approximately 1,700 feet downstream of Bullhead Park- +802 way. Approximately 1,950 feet upstream of Bullhead Parkway .. +903 Green Wash ...... Approximately 250 feet upstream of confluence with Wil- +703 City of Bullhead City. liams Wash. Approximately 1.42 mile upstream of confluence with +1,465 Green Wash Tributary 2. Green Wash Tributary 1 ...... Approximately 70 feet upstream of confluence with Green +967 City of Bullhead City. Wash.
VerDate Nov<24>2008 16:35 Nov 09, 2009 Jkt 220001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\10NOR1.SGM 10NOR1 srobinson on DSKHWCL6B1PROD with RULES Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Rules and Regulations 57931
* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
Approximately 2.1 miles upstream of confluence with +1,450 Green Wash. Green Wash Tributary 2 ...... Approximately 0.41 mile upstream of confluence with #1 City of Bullhead City. Green Wash. Havasupai Wash at Bullhead Approximately 870 feet upstream of Camino del Rio Road #1 City of Bullhead City. City. Approximately 870 feet upstream of Camino del Rio Road +504 Havasupai Wash at Bullhead Approximately 0.5 mile upstream of Miracle Mile Road ..... #1 City of Bullhead City. City Tributary 1. Approximately 0.5 mile upstream of Miracle Mile Road ..... +651 Approximately 0.82 mile upstream of Miracle Mile Road ... +691 Havasupai Wash at Lake Approximately 1,060 feet downstream of London Bridge +452 City of Lake Havasu. Havasu City. Road. Approximately 800 feet upstream of Paso de Oro Drive .... +1,506 Highland Wash ...... Approximately 300 feet downstream of State Route 95 ..... +518 City of Bullhead City. Approximately 325 feet upstream of Bullhead Parkway ..... +693 Indian Peak Wash ...... Approximately 360 feet downstream of State Route 95 ..... +543 City of Lake Havasu, Unin- corporated Areas of Mo- have County. Approximately 470 feet upstream of Black Hill Drive ...... +1,439 Mockingbird Wash ...... Approximately 875 feet downstream of Osborn Drive ...... +754 City of Lake Havasu. Approximately 0.78 mile upstream of McCulloch Blvd S .... +1,258 Montana Wash ...... Approximately 0.72 mile upstream of Rolling Hills Road ... #1 City of Bullhead City. Approximately 0.42 mile upstream of Bullhead Parkway ... #2 Approximately 120 feet downstream of Riverfront Road .... +505 Approximately 1,900 feet upstream of Goldrush Road ...... +827 Montana Wash Overflow ...... Approximately 50 feet downstream of Arcadia Road ...... #1 City of Bullhead City. Approximately upstream side of Arriba Road ...... #1 Approximately 800 feet upstream of Jacarta Road ...... #2 Montana Wash Tributary 1 ...... Approximately 150 feet upstream of confluence with Mon- +1,126 City of Bullhead City. tana Wash. Approximately 250 feet upstream of Unnamed Road ...... +1,198 Neptune Wash ...... Approximately 550 feet downstream of London Bridge +455 City of Lake Havasu. Road. Approximately 0.47 mile upstream of Avalon Avenue ...... +832 Old Trails Wash ...... Approximately 750 feet downstream of Third Street ...... +3,299 City of Kingman. Approximately 1,200 feet upstream of U.S. 93/U.S. 66 ..... +3,428 Old Trails Wash Tributary ...... Approximately 790 feet downstream of Center Street ...... +3,361 City of Kingman. Approximately 0.5 mile upstream of Buchanan Street ...... +3,410 Richardo Wash ...... Approximately 1,400 feet downstream of Terra Loma #1 City of Bullhead City. Road. Approximately 50 feet downstream of State Route 95 ...... #1 Approximately 100 feet upstream of State Route 95 ...... #2 Approximately 1,100 feet upstream of Terra Loma Road .. #2 Approximately 800 feet upstream of confluence with Fox +491 Wash. Sacramento Wash Tributary 6 .. Approximately 250 feet upstream of Bolsa Drive ...... +2,635 Unincorporated Areas of Mo- have County. Approximately 300 feet upstream of Shipp Drive ...... +2,762 Sacramento Wash Tributary 6C Approximately 0.5 mile downstream of Redwall Drive ...... +2,668 Unincorporated Areas of Mo- have County. Approximately 1,025 feet upstream of Chino Drive ...... +2,830 Sacramento Wash Tributary 6D Approximately 650 feet downstream of State Route 68 ..... +2,789 Unincorporated Areas of Mo- have County. Approximately 290 feet upstream of Chino Drive ...... +2,819 Secret Pass Wash ...... Approximately downstream side of Pass Canyon Road .... #3 Unincorporated Areas of Mo- have County, City of Bull- head City. Approximately 1.18 mile upstream of Bullhead Parkway ... #4 Approximately 250 feet downstream of State Route 95 ..... +515 Approximately 50 feet downstream of State Route 95 ...... +527 Approximately 1.23 mile upstream of Bullhead Parkway ... +1,073 Approximately 2 miles upstream of Bullhead Parkway ...... +1,188 Shadow Canyon Wash ...... Approximately 870 feet downstream of Corwin Road ...... +563 City of Bullhead City. Approximately 320 feet upstream of Mountain View Road +668 Shadow Canyon Wash Over- Approximately upstream side of Central Park Avenue ...... +540 City of Bullhead City. flow. Approximately 450 feet upstream of Central Avenue ...... +550
VerDate Nov<24>2008 16:35 Nov 09, 2009 Jkt 220001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\10NOR1.SGM 10NOR1 srobinson on DSKHWCL6B1PROD with RULES 57932 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Rules and Regulations
* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
Short Creek ...... Approximately 1.6 mile downstream of State Route 389 ... +4,857 City of Colorado City, Unin- corporated Areas of Mo- have County. Approximately 50 feet upstream of State Route 389 ...... +4,933 Short Creek Tributary 1 ...... Approximately 320 feet downstream of Township Avenue +4,939 City of Colorado City. Approximately 1,000 feet upstream of Arizona Avenue ..... +5,027 Silver Creek Wash ...... Approximately 1.4 mile upstream of Bullhead Parkway ..... #3 City of Bullhead City. Approximately 0.56 mile upstream of State Route 95 ...... #3 Approximately 1,250 feet upstream of State Route 95 ...... #3 Approximately 1.04 mile upstream of State Route 95 ...... #3 Approximately 500 feet downstream of Bullhead Parkway #3 Approximately 0.62 miles upstream of Bullhead Parkway #4 Approximately 500 feet upstream of Plata Caleta Road .... #4 Silver Creek Wash Tributary 1 Approximately 0.47 mile upstream of Bullhead Parkway ... #1 City of Bullhead City. Approximately 0.38 mile upstream of confluence with Sil- #3 ver Creek Wash. Approximately 200 feet upstream of confluence with Silver #4 Creek Wash. Silver Creek Wash Tributary 2 Approximately 0.83 mile upstream of confluence with Sil- #2 City of Bullhead City. ver Creek Wash. Approximately 1,800 feet upstream of confluence Silver #3 Creek Wash. Approximately 1,100 feet upstream of confluence with Sil- #4 ver Creek Wash. Soto Wash ...... Approximately 1,800 feet upstream of State Route 95 ...... #1 City of Bullhead City. Approximately 1,800 feet upstream of Arroyo Vista Drive #2 Approximately 100 feet downstream of State Route 95 ..... #2 Approximately 1,300 feet upstream of Mohave Community +515 College Road. Approximately 0.36 mile upstream of Arroyo Vista Drive ... +758 Approximately 0.65 mile upstream of Arroyo Vista Drive ... +803 Thirteen Mile Wash ...... Approximately 75 feet upstream of Limit of Detailed Study +2,478 Unincorporated Areas of Mo- have County. Approximately 600 feet upstream of Shipp Drive ...... +2,803 Thirteen Mile Wash Overflow 1 Approximately 620 feet downstream of Unkar Drive ...... +2,575 Unincorporated Areas of Mo- have County. Approximately 1,100 feet upstream of Bolsa Drive ...... +2,658 Thirteen Mile Wash Overflow 2 Approximately 770 feet downstream of Chuar Drive ...... +2,599 Unincorporated Areas of Mo- have County. Approximately 1,260 feet upstream of Bolsa Drive ...... +2,655 Thirteen Mile Wash Overflow 3 Approximately 1,660 feet downstream of Adobe Road ...... +2,757 Unincorporated Areas of Mo- have County. Approximately 400 feet upstream of Shipp Drive ...... +2,793 Unnamed Wash 10 ...... Approximately upstream side of Airway Avenue ...... +3,450 City of Kingman. Approximately 700 feet upstream of Interstate 40 ...... +3,510 Unnamed Wash 10 Overflow ... Approximately 200 feet upstream of confluence with +3,491 City of Kingman. Unnamed Wash 6. Approximately 795 feet downstream of confluence with +3,499 Unnamed Wash 6. Unnamed Wash 13 ...... Approximately 50 feet downstream of Ashley Street ...... #1 Unincorporated Areas of Mo- have County. Approximately 50 feet upstream of confluence with #2 Unnamed Wash East Golf Course. Approximately 300 feet upstream of Lippan Blvd ...... #3 Unnamed Wash 13 East Golf At approximately Clubhouse Road ...... #1 Unincorporated Areas of Mo- Course. have County. Unnamed Wash 13 Overflow ... Approximately 700 feet upstream of Lippan Blvd ...... #1 Unincorporated Areas of Mo- have County, Fort Mojave Indian Tribe. Approximately 600 feet upstream of Lippan Blvd ...... #2 Unnamed Wash 13 Tributary 1 Approximately 150 feet downstream of Ashley Street ...... #1 Unincorporated Areas of Mo- have County. Unnamed Wash 13 Tributary 1 Approximately downstream side of Ashley Street ...... #1 Unincorporated Areas of Mo- of Tributary 1. have County. Unnamed Wash 13 Tributary 1 Approximately upstream side of Ashley Street ...... #1 Unincorporated Areas of Mo- of Tributary 2. have County. Unnamed Wash 13 Tributary 1 Approximately 200 feet downstream of Ashley Street ...... #1 Unincorporated Areas of Mo- of Tributary 2 of Tributary 1. have County.
VerDate Nov<24>2008 16:35 Nov 09, 2009 Jkt 220001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\10NOR1.SGM 10NOR1 srobinson on DSKHWCL6B1PROD with RULES Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Rules and Regulations 57933
* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
Unnamed Wash 13 Tributary 2 Approximately 200 feet downstream of Ashley Street ...... #1 Unincorporated Areas of Mo- have County. Unnamed Wash 13 Tributary 2 Approximately 350 feet downstream of Ashley Street ...... #1 Unincorporated Areas of Mo- of Tributary 1. have County. Unnamed Wash 13 West Golf Approximately 50 feet downstream of Desert Lakes Drive #1 Unincorporated Areas of Mo- Course. have County. Unnamed Wash 14 ...... Approximately 750 feet downstream of Ashley Street ...... #1 Unincorporated Areas of Mo- have County, Fort Mojave Indian Tribe. Approximately 50 feet downstream of Ashley Street ...... #2 Approximately 50 feet upstream of Mountain View Road .. +553 Approximately 475 feet upstream of Antelope Drive ...... +676 Unnamed Wash 14 Tributary 1 Approximately 100 feet downstream of Ashley Street ...... #1 Unincorporated Areas of Mo- have County. Unnamed Wash 15 ...... Approximately 350 feet upstream of Boundary Cone Road #1 Unincorporated Areas of Mo- have County. Approximately 400 feet downstream of Ashley Street ...... #2 Approximately 400 feet upstream of Boundary Cone Road +524 Approximately 450 feet upstream of Bison Avenue ...... +652 Unnamed Wash 15 Tributary 1 Approximately 450 feet downstream of Ashley Street ...... #1 Unincorporated Areas of Mo- have County. Approximately 900 feet upstream of Bison Avenue ...... #2 Unnamed Wash 6 ...... Approximately 280 feet downstream of Andy Devine Road #1 City of Kingman. Approximately 50 feet upstream of Andy Devine Avenue .. +3,446 Approximately 50 feet upstream of Interstate 40 ...... +3,491 Unnamed Wash 6 Overflow ..... Approximately 800 feet downstream of Railroad Tracks .... +3,459 City of Kingman. Approximately 1070 feet upstream of Railroad Street ...... +3,487 Unnamed Wash 7 (With Berm) Approximately 50 feet upstream of Andy Devine Road ..... +3,502 City of Kingman. Approximately 300 feet upstream of Hulapai Mountain +3,530 Road. Unnamed Wash 7 (Without Approximately 250 feet downstream of Railroad Tracks .... #1 City of Kingman. Berm). Unnamed Wash 9 ...... Approximately 100 feet downstream of Lead Street ...... #1 City of Kingman. Approximately 800 feet upstream of Lead Street ...... #2 Virgin River ...... Approximately 2.7 miles downstream of Scenic Blvd ...... +1,598 Unincorporated Areas of Mo- have County. Approximately 1.0 mile upstream of Interstate 15 ...... +1,817 Wash A ...... Approximately 1,750 feet downstream of Redwall Drive .... +2,678 Unincorporated Areas of Mo- have County. Approximately 150 feet upstream of Shipp Drive ...... +2,771 Wash B ...... Approximately 0.45 mile downstream of Bolsa Drive ...... +2,606 Unincorporated Areas of Mo- have County. Approximately 200 feet upstream of Shipp Drive ...... +2,783 Wash B Tributary 1A ...... Approximately 0.07 mile downstream of Redwall Drive ..... +2,662 Unincorporated Areas of Mo- have County. Approximately 1,760 feet upstream of U.S. 68 ...... +2,861 Wash B Tributary 1B ...... Approximately 900 feet downstream of Shipp Drive ...... +2,763 Unincorporated Areas of Mo- have County. Approximately 200 feet upstream of Shipp Drive ...... +2,777 Wash B Tributary 1C ...... Approximately 250 feet upstream of confluence with Wash +2,753 Unincorporated Areas of Mo- B Tributary 1A. have County. Approximately 150 feet upstream of Shipp Drive ...... +2,784 Wash C ...... Approximately 1,700 feet downstream of Shinarump Drive +2,493 Unincorporated Areas of Mo- have County. Approximately 200 feet upstream of Shipp Drive ...... +2,829 Williams Wash ...... Approximately 1.21 mile upstream of confluence with #1 City of Bullhead City. Highland/Green Wash. Approximately 1,865 feet upstream of confluence with #1 Highland/Green Wash. Approximately 2.15 miles upstream of confluence with +1,244 Highland/Green Wash. Approximately 622 feet upstream of La Puerta Road ...... +1,471 Approximately 1,215 feet upstream of confluence with #2 Highland/Green Wash. Approximately 1.43 mile upstream of confluence with #2 Highland/Green Wash. Approximately 1.0 mile upstream of confluence with High- #2 land/Green Wash.
VerDate Nov<24>2008 16:35 Nov 09, 2009 Jkt 220001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\10NOR1.SGM 10NOR1 srobinson on DSKHWCL6B1PROD with RULES 57934 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Rules and Regulations
* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
Approximately 250 feet upstream of confluence Highland/ +703 Green Wash. Approximately 1,200 feet upstream of confluence with +740 Highland/Green Wash.
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Bullhead City Maps are available for inspection at 1255 Marina Boulevard, Bullhead City, AZ 86442. City of Colorado City Maps are available for inspection at 25 South Central Street, Colorado City, AZ 86021. City of Kingman Maps are available for inspection at 310 North 4th Street, Kingman, AZ 86401. City of Lake Havasu Maps are available for inspection at 2330 McCulloch Boulevard North, Lake Havasu City, AZ 86403. Fort Mojave Indian Tribe Maps are available for inspection at 500 Merriman Avenue, Needles, CA 92363. Unincorporated Areas of Mohave County Maps are available for inspection at 700 West Beale Street, Kingman, AZ 86402.
Franklin County, Illinois, and Incorporated Areas Docket No.: FEMA–B–1021
Big Ditch Tributary ...... From approximately 2,630 feet upstream of the con- +382 Unincorporated Areas of fluence with Middle Fork Big Muddy River. Franklin County, City of West Frankfort. To approximately 790 feet downstream of County High- +388 way 37/Logan Street. Ewing Creek ...... From approximately 5,000 feet upstream of the con- +385 Unincorporated Areas of fluence with Middle Fork Big Muddy River. Franklin County, City of West Frankfort. To approximately 2,500 feet upstream of County Highway +393 5/Deering Road. Pond Creek ...... From Interstate 57 ...... +394 Unincorporated Areas of Franklin County, City of West Frankfort. To approximately 2,250 feet upstream of Old Johnston +398 City Road. Rend Lake ...... From the Rend Lake Dam ...... +415 Unincorporated Areas of Franklin County. To approximately 5,650 feet west of the intersection of +415 North County Line Road and Conservation Lane.
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of West Frankfort Maps are available for inspection at City Hall, 110 North Jefferson Street, West Frankfort, IL 62896. Unincorporated Areas of Franklin County Maps are available for inspection at the Franklin County Highway Department, 13034 Oddfellow Lane, Benton, IL 62812.
Hinds County, Mississippi, and Incorporated Areas Docket No.: FEMA–B–1014
Allen Creek Tributary ...... 500 feet upstream of Hampstead Road ...... +318 City of Clinton. 750 feet upstream of Woodstone Place ...... +337 Bakers Creek ...... At Mount Moriah Road ...... +145 Unincorporated Areas of Hinds County. 250 feet upstream of railroad ...... +205 Bakers Creek Tributary 1 ...... 9,200 feet upstream of confluence with Bakers Creek ...... +151 Unincorporated Areas of Hinds County. 12,000 feet upstream of confluence with Bakers Creek ..... +157 Bakers Creek Tributary 2–1 ..... 1,050 feet upstream of confluence with Bakers Creek +262 Unincorporated Areas of Tributary 2. Hinds County.
VerDate Nov<24>2008 16:35 Nov 09, 2009 Jkt 220001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\10NOR1.SGM 10NOR1 srobinson on DSKHWCL6B1PROD with RULES Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Rules and Regulations 57935
* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
5,200 feet upstream of confluence with Bakers Creek +288 Tributary 2. Big Black River ...... 4,600 feet upstream of confluence with Fourteenmile +118 Unincorporated Areas of Creek. Hinds County. 1,600 feet upstream of confluence with Bogue Falia Creek +154 Big Creek ...... 150 feet upstream of State HWY 18 ...... +362 Unincorporated Areas of Hinds County. 1,150 feet upstream of State HWY 18 ...... +364 Big Creek Tributary 1 ...... 300 feet upstream of Terry Road ...... +268 Unincorporated Areas of Hinds County. 6,700 feet upstream of Gary Road ...... +310 Bitter Creek ...... 200 feet downstream of Learned Oakley Road ...... +178 Town of Learned, Unincor- porated Areas of Hinds County. 8,000 feet upstream of Learned Oakley Road ...... +195 Bogue Chitto Creek ...... At county boundary ...... +193 Unincorporated Areas of Hinds County. 3,200 feet downstream of Natchez Trace Parkway ...... +246 400 feet upstream of US HWY 49 ...... +284 50 feet downstream of Hilda Road ...... +320 Bogue Chitto Creek Tributary 4,500 feet upstream of confluence with Bogue Chitto +210 Unincorporated Areas of 10. Creek. Hinds County. 9,900 feet upstream of confluence with Bogue Chitto +215 Creek. Bogue Chitto Creek Tributary 3,600 feet upstream of confluence with Bogue Chitto +200 Unincorporated Areas of 11. Creek. Hinds County. 5,150 feet upstream of confluence with Bogue Chitto +213 Creek. Bogue Chitto Creek Tributary 3,400 feet downstream of Carsley Road ...... +200 Unincorporated Areas of 12. Hinds County. 1,000 feet upstream of Carsley Road ...... +223 Bogue Chitto Creek Tributary 2,800 feet upstream of Carsley Road ...... +198 Unincorporated Areas of 13. Hinds County. 100 feet upstream of Carsley Road ...... +213 Bogue Chitto Creek Tributary 500 feet downstream of Springdale Road ...... +200 Unincorporated Areas of 14. Hinds County. 1,500 feet upstream of Springdale Road ...... +211 Bogue Chitto Creek Tributary 1,525 feet downstream of Springdale Road ...... +195 Unincorporated Areas of 15. Hinds County. 200 feet downstream of county boundary ...... +204 Bogue Chitto Creek Tributary 2 3,400 feet upstream of confluence with Bogue Chitto +261 Unincorporated Areas of Creek. Hinds County. 300 feet downstream of Northside Drive ...... +272 Bogue Chitto Creek Tributary 3 1,500 feet upstream of confluence with Bogue Chitto +268 Unincorporated Areas of Creek. Hinds County. 3,700 feet upstream of confluence with Bogue Chitto +281 Creek. Bogue Chitto Creek Tributary 4 600 feet downstream of confluence with Bogue Chitto +275 Unincorporated Areas of Creek. Hinds County. 3,250 feet upstream of Northside Drive ...... +330 Bogue Chitto Creek Tributary 5 275 feet upstream of Northside Drive ...... +283 Unincorporated Areas of Hinds County. 100 feet upstream of Richardson Road ...... +289 Bogue Chitto Creek Tributary 6 1,200 feet upstream ojf confluence with Bogue Chitto +293 Unincorporated Areas of Creek. Hinds County. 4,850 feet upstream of confluence with Bogue Chitto +324 Creek. Bogue Chitto Creek Tributary 375 feet upstream of confluence with Bogue Chitto Creek +302 Unincorporated Areas of 6–1. Tributary 6. Hinds County. 1,350 feet upstream of confluence with Bogue Chitto +310 Creek Tributary 6. Bogue Chitto Creek Tributary 7 1,100 feet upstream of confluence with Bogue Chitto +244 Unincorporated Areas of Creek. Hinds County. 300 feet upstream of US HWY 49 ...... +286 Bogue Chitto Creek Tributary 8 1,300 feet upstream of confluence with Bogue Chitto +236 Unincorporated Areas of Creek. Hinds County. 7,300 feet upstream of County Line Road ...... +290 Bogue Chitto Creek Tributary 1,450 feet upstream of confluence with Bogue Chitto +257 Unincorporated Areas of 8–1. Creek Tributary 8. Hinds County.
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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
250 feet upstream of US HWY 49 ...... +275 Bogue Chitto Creek Tributary 9 5,500 feet upstream of confluence with Bogue Chitto +222 Unincorporated Areas of Creek. Hinds County. 6,500 feet upstream of railroad ...... +305 Bogue Chitto Creek Tributary 1,700 feet downstream of US HWY 49 ...... +228 Unincorporated Areas of 9–1. Hinds County. 700 feet upstream of Golf Club Road ...... +247 Bogue Chitto Creek Tributary 1,600 feet downstream of MacLean Road ...... +247 Unincorporated Areas of 9–2. Hinds County. 2,400 feet upstream of MacLean Road ...... +256 Bogue Chitto Creek Tributary 1,000 feet upstream of MacLean Road ...... +258 Unincorporated Areas of 9–3. Hinds County. 4,850 feet upstream of railroad ...... +291 Bogue Chitto Creek Tributary 500 feet downstream of Billy Bell Road ...... +273 Unincorporated Areas of 9–4. Hinds County. 5,700 feet upstream of railroad ...... +322 Chestnut Creek Tributary 1 ...... 200 feet downstream of county boundary ...... +269 Unincorporated Areas of Hinds County. 3,150 feet upstream of county boundary ...... +288 Chestnut Creek Tributary 3 ...... At county boundary ...... +291 Unincorporated Areas of Hinds County. 4,500 feet upstream of county boundary ...... +306 Fleetwood Creek ...... 400 Feet Downstream of I–20 ...... +202 Unincorporated Areas of Hinds County. 2,400 feet upstream of confluence with Fleetwood Creek +248 Tributary 4. Fleetwood Creek Tributary 1 .... 1,700 feet upstream of confluence with Fleetwood Creek +221 Unincorporated Areas of Hinds County. 7,900 feet upstream of confluence with Fleetwood Creek +240 Fleetwood Creek Tributary 2 .... 2,250 feet upstream of confluence with Fleetwood Creek +228 Unincorporated Areas of Hinds County. 350 feet upstream of Private Farm Road ...... +250 Fleetwood Creek Tributary 3 .... 1,250 feet upstream of confluence with Fleetwood Creek +229 Unincorporated Areas of Hinds County. 7,900 feet upstream of confluence with Fleetwood Creek +256 Fleetwood Creek Tributary 4 .... 200 feet upstream of confluence with Fleetwood Creek .... +242 Unincorporated Areas of Hinds County. 3,600 feet upstream of confluence with Fleetwood Creek +254 Fourteenmile Creek ...... 9,450 feet downstream of Newman Road ...... +119 Unincorporated Areas of Hinds County. 400 feet upstream of Old Port Gibson Road ...... +226 Fourteenmile Creek Tributary 1 650 feet downstream of Smith Station Road ...... +135 Unincorporated Areas of Hinds County. 10,650 feet upstream of Smith Station Road ...... +157 Fourteenmile Creek Tributary 2 1,800 feet downstream of US HWY 18 ...... +224 Unincorporated Areas of Hinds County. 1,400 feet downstream of Dry Grove Road ...... +252 French Creek Tributary 1 ...... 1,550 feet downstream of US HWY 80 ...... +301 City of Clinton. 1,700 feet upstream of US HWY 80 ...... +316 French Creek Tributary 2 ...... 1,100 feet upstream of confluence with French Creek +302 City of Clinton. Tributary 1. 50 feet upstream of Clinton Boulevard ...... +329 French Creek Tributary 3 ...... 1,450 feet upstream of confluence with French Creek ...... +300 City of Clinton, City of Jack- son. 3,450 feet upstream of confluence with French Creek ...... +308 French Creek Tributary 4 ...... 1,600 feet upstream of confluence with French Creek ...... +309 City of Jackson. 1,700 feet upstream of Norman Road ...... +339 French Creek Tributary 5 ...... 300 feet upstream of HWY 80 ...... +326 City of Jackson. 1,000 feet upstream of HWY 80 ...... +327 Hanging Moss Creek Tributary 1,100 feet upstream of confluence with Hanging Moss +328 City of Jackson, Unincor- 1. Creek. porated Areas of Hinds County. 3,200 feet upstream of confluence with Hanging Moss +338 Creek. Hanging Moss Creek Tributary 400 feet downstream of Graven Road ...... +338 Unincorporated Areas of 2. Hinds County. 3,500 feet upstream of Graven Road ...... +355 Hanging Moss Creek Tributary 500 feet upstream of confluence with Hanging Moss +334 Unincorporated Areas of 3. Creek. Hinds County.
VerDate Nov<24>2008 16:35 Nov 09, 2009 Jkt 220001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\10NOR1.SGM 10NOR1 srobinson on DSKHWCL6B1PROD with RULES Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Rules and Regulations 57937
* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
4,900 feet upstream of confluence with Hanging Moss +355 Creek. Hanging Moss Creek Tributary 250 feet downstream of Beasley Road ...... +314 City of Jackson. 5–1. 950 feet upstream of Westwind Road ...... +344 Harris Creek ...... 6,700 feet upstream of Old HWY 51 ...... +280 Unincorporated Areas of Hinds County. 6,500 feet upstream of Stubbs Road ...... +333 Harris Creek Tributary 1 ...... 700 feet upstream of confluence with Harris Creek ...... +301 Unincorporated Areas of Hinds County. 6,700 feet upstream of Green Gable Road ...... +333 Jackson Creek ...... 5,500 feet upstream of confluence with Bakers Creek ...... +150 Unincorporated Areas of Hinds County. 2,200 feet upstream of US HWY 467 ...... +204 Limekiln Creek ...... 7,100 feet upstream of confluence with Bakers Creek ...... +204 Unincorporated Areas of Hinds County. At county boundary ...... +245 Limekiln Creek Tributary 1 ...... 4,100 feet upstream of confluence with Limekiln Creek ..... +211 Unincorporated Areas of Hinds County. 14,800 feet upstream of confluence with Limekiln Creek ... +236 Limekiln Creek Tributary 1–1 ... 2,000 feet downstream of Stigger Road ...... +214 Unincorporated Areas of Hinds County. 6,800 feet upstream of Stigger Road ...... +233 Limekiln Creek Tributary 2 ...... 400 feet downstream of US HWY 49 ...... +219 Unincorporated Areas of Hinds County. 2,900 feet upstream of confluence with Limekiln Creek +242 Tributary 2–1. Limekiln Creek Tributary 2–1 ... 100 feet downstream of railroad ...... +234 Unincorporated Areas of Hinds County. 400 feet upstream of Lanewood Road ...... +258 Limekiln Creek Tributary 3 ...... 4,000 feet upstream of confluence with Limekiln Creek ..... +226 Unincorporated Areas of Hinds County. 300 feet downstream of county boundary ...... +236 Lindsey Creek ...... 600 feet downstream of Norrell Road ...... +244 City of Clinton, Unincor- porated Areas of Hinds County. 700 feet upstream of Natchez Trace Parkway ...... +270 550 feet downstream of Neal Street ...... +312 200 feet upstream of Oak Hill Circle ...... +330 Lindsey Creek Tributary 1 ...... 4,350 feet upstream of confluence with Lindsey Creek ..... +245 Unincorporated Areas of Hinds County. 5,900 feet upstream of confluence with Lindsey Creek ..... +258 Lindsey Creek Tributary 3 ...... 2,000 feet upstream of confluence with Lindsey Creek ..... +277 Unincorporated Areas of Hinds County. 150 feet upstream of I–20 ...... +295 Little Bakers Creek ...... 1,100 feet downstream of Private Farm Road ...... +213 Town of Bolton, Unincor- porated Areas of Hinds County. 200 feet upstream of railroad ...... +281 Little Bakers Creek Tributary 1 1,800 feet upstream of confluence with Little Bakers +220 Unincorporated Areas of Creek. Hinds County. 2,600 feet upstream of I–20 ...... +239 Little Bakers Creek Tributary 2 700 feet upstream of confluence with Little Bakers Creek +230 Unincorporated Areas of Hinds County. 5,400 feet upstream of confluence with Little Bakers +262 Creek. Little Bakers Creek Tributary 3 400 feet upstream of Williamson Road ...... +254 Unincorporated Areas of Hinds County. 900 feet upstream of I–20 ...... +268 Little Bakers Creek Tributary 3– 500 feet upstream of Williamson Road ...... +254 Unincorporated Areas of 1. Hinds County, City of Clin- ton. 4,250 feet upstream of Williamson Road ...... +280 Little Bakers Creek Tributary 4 1,500 feet upstream of confluence with Little Bakers +254 Unincorporated Areas of Creek. Hinds County. 5,900 feet upstream of confluence with Little Bakers +270 Creek. Little Bakers Creek Tributary 5 950 feet upstream of confluence with Little Bakers Creek +268 City of Clinton.
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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
2,700 feet upstream of confluence with Little Bakers +280 Creek. Little Bakers Creek Tributary 6 500 feet upstream of confluence with Little Bakers Creek +271 City of Clinton. 1,500 feet upstream of railroad ...... +291 Little Creek ...... 400 feet downstream of Flowers Road ...... +310 Unincorporated Areas of Hinds County. 100 feet upstream of Flowers Road ...... +310 Lynch Creek ...... 150 feet downstream of Bonita Drive ...... +355 City of Jackson. 300 feet downstream of Flag Chapel Road ...... +363 1,350 feet upstream of Flag Chapel Road ...... +377 Lynch Creek Tributary 5–1 ...... 1,050 feet upstream of confluence with Lynch Creek ...... +335 City of Jackson. 4,150 feet upstream of confluence with Lynch Creek ...... +352 McDonald Creek ...... 600 feet downstream of HWY 18 ...... +212 Unincorporated Areas of Hinds County. 200 feet upstream of Dry Grove Road ...... +247 Patrol Creek ...... 1,000 feet upstream of confluence with Lindsey Creek ..... +268 City of Clinton. 2,900 feet upstream of confluence with Lindsey Creek ..... +268 Pearl River Tributary 1 ...... 500 feet downstream of railroad ...... +260 Unincorporated Areas of Hinds County. 2,300 feet upstream of railroad ...... +299 Pearl River Tributary 2 ...... 1,000 feet downstream of railroad ...... +265 Unincorporated Areas of Hinds County. 2,600 feet upstream of I–55 ...... +330 Rhodes Creek ...... 15,000 feet upstream of North Siwell Road ...... +391 Unincorporated Areas of Hinds County. 16,000 feet upstream of North Siwell Road ...... +396 Rhodes Creek Tributary 1 ...... 3,150 feet upstream of confluence with Rhodes Creek ..... +258 Unincorporated Areas of Hinds County. 2,000 feet upstream of confluence with Rhodes Creek ..... +271 Rhodes Creek Tributary 4 ...... 2,800 feet upstream of confluence with Rhodes Creek ..... +275 Unincorporated Areas of Hinds County. 1,150 feet upstream of Dac Road ...... +338 Rhodes Creek Tributary 5 ...... 2,300 feet upstream of confluence with Rhodes Creek ..... +293 Unincorporated Areas of Hinds County. 3,900 feet upstream of confluence with Rhodes Creek ..... +299 Rhodes Creek Tributary 6 ...... 2,100 feet upstream of confluence with Rhodes Creek ..... +295 Unincorporated Areas of Hinds County. Robertson Creek ...... 2,800 feet upstream of confluence with Rhodes Creek ..... +299 Unincorporated Areas of Hinds County. 1,900 feet upstream of Flowers Road ...... +306 Smith Creek Tributary 4 ...... 200 feet upstream of Wells Road ...... +263 Unincorporated Areas of Hinds County. 5,500 feet upstream of Wells Road ...... +312 Snake Creek ...... 4,000 feet upstream of US HWY 18 ...... +283 Unincorporated Areas of Hinds County. 5,600 feet upstream of confluence with Snake Creek Trib- +313 utary 1. Snake Creek Tributary 1 ...... 450 feet downstream of Midway Road ...... +306 Unincorporated Areas of Hinds County. 1,050 feet upstream of Midway Road ...... +317 Straight Fence Creek ...... 10,500 feet upstream of confluence with Bogue Chitto +203 Unincorporated Areas of Creek. Hinds County. 750 feet downstream of Williamson road ...... +241 Straight Fence Creek Tributary 750 feet downstream of McGuffee Road ...... +217 Unincorporated Areas of 1. Hinds County. 200 feet downstream of Clinton-Tinnin Road ...... +240 Straight Fence Creek Tributary 700 feet downstream of McGuffee Road ...... +217 Unincorporated Areas of 1–1. Hinds County. 600 feet upstream of McGuffee Road ...... +226 Straight Fence Creek Tributary 800 feet downstream of McGuffee Road ...... +217 Unincorporated Areas of 2. Hinds County. 2,000 feet upstream of confluence with Straight Fence +238 Creek Tributary 2–1. Straight Fence Creek Tributary 1,350 feet upstream of confluence with Straight Fence +235 Unincorporated Areas of 2–1. Creek Tributary 2. Hinds County. 3,400 feet upstream of confluence with Straight Fence +242 Creek Tributary 2. Straight Fence Creek Tributary 3,800 feet upstream of confluence with Straight Fence +218 Unincorporated Areas of 3. Creek. Hinds County.
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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
100 feet downstream of Jimmy Williams Road ...... +254 Straight Fence Creek Tributary 300 feet upstream of confluence with Straight Fence +245 Unincorporated Areas of 3–1. Creek Tributary 3. Hinds County. 2,800 feet upstream of McGuffee Road ...... +263 Straight Fence Creek Tributary 1,000 feet upstream of confluence with Straight Fence +222 Unincorporated Areas of 4. Creek. Hinds County. 1,500 feet upstream of Noah Johnson Road ...... +247 Straight Fence Creek Tributary 900 feet upstream of confluence with Straight Fence +246 Unincorporated Areas of 5–1. Creek Tributary 5. Hinds County. 3,050 feet upstream of confluence with Straight Fence +259 Creek Tributary 5. Straight Fence Creek Tributary 200 feet downstream of Williamson Road ...... +252 Unincorporated Areas of 6. Hinds County. 4,300 feet upstream of confluence with Straight Fence +259 Creek Tributary 6–2. Straight Fence Creek Tributary 1,600 feet upstream of confluence with Straight Fence +245 Unincorporated Areas of 6–1. Creek Tributary 6. Hinds County. 5,350 feet upstream of confluence with Straight Fence +257 Creek Tributary 6. Straight Fence Creek Tributary 400 feet upstream of confluence with Straight Fence +258 Unincorporated Areas of 6–2. Creek Tributary 6. Hinds County. 1,300 feet upstream of confluence with Straight Fence +265 Creek Tributary 6. Straight Fence Creek Tributary 1,900 feet downstream of Pinehaven Place ...... +264 City of Clinton, Unincor- 7. porated Areas of Hinds County. 100 feet downstream of Pinehaven Road ...... +285 Stream B ...... 400 feet upstream of Joe Cocker Road ...... +236 Unincorporated Areas of Hinds County. 500 feet downstream of county boundary ...... +263 Stream B Tributary 1 ...... 1,400 feet upstream of confluence with Stream B ...... +250 Unincorporated Areas of Hinds County. 2,800 feet upstream of confluence with Stream B ...... +260 Stream B Tributary 2 ...... 200 feet downstream of Clincy Road ...... +248 Unincorporated Areas of Hinds County. At county boundary ...... +258 Straight Fence Creek Tributary 2,800 feet upstream of confluence with Straight Fence +236 Unincorporated Areas of 5. Creek. Hinds County. 6,800 feet upstream of confluence with Straight Fence +274 Creek. Terrell Creek ...... 600 feet downstream of Fairchilds Road ...... +169 Unincorporated Areas of Hinds County. 2,000 feet upstream of Unnamed Field Road ...... +194 Town Creek ...... 1,300 feet upstream of I–220 ...... +350 City of Jackson. 4,400 feet upstream of Forest Road ...... +369 Town Creek Tributary 2 ...... 100 feet upstream of Michael Avalon Street ...... +328 City of Jackson. 700 feet upstream of Michael Avalon Street ...... +328 Trahon Creek Tributary 3 ...... 250 feet upstream of Lake Catherine Dam ...... +325 City of Jackson. Turkey Creek ...... 2,000 feet downstream of Mount Moriah Road ...... +167 Unincorporated Areas of Hinds County. 4,200 feet upstream of US HWY 467 ...... +244 Turkey Creek Tributary 1 ...... 2,000 feet upstream of confluence with Turkey Creek ...... +206 Unincorporated Areas of Hinds County. 4,200 feet upstream of US HWY 467 ...... +235 Turkey Creek Tributary 2 ...... 5,000 feet upstream of confluence with Turkey Creek ...... +227 Unincorporated Areas of Hinds County, Town of Terry. 4,200 feet upstream of Natchez Trace Parkway ...... +245 Twelvemile Creek ...... 8,000 feet upstream of confluence with Fourteenmile +155 Unincorporated Areas of Creek. Hinds County. 3,400 feet upstream of confluence with Fourteenmile +178 Creek. Vaughn Creek ...... 6,500 feet downstream of Volley Campbell Road ...... +286 Town of Terry, Unincor- porated Areas of Hinds County. 2,800 feet upstream of Volley Campbell Road ...... +308 Vaughn Creek Tributary 1 ...... 4,200 feet upstream of confluence with Vaughn Creek ..... +272 Unincorporated Areas of Hinds County. 300 feet upstream of Jack Johnson Road ...... +291
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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
Vaughn Creek Tributary 1–1 .... 2,700 feet upstream of confluence with Vaughn Creek +281 Unincorporated Areas of Tributary 1. Hinds County. 3,500 feet upstream of confluence with Vaughn Creek +285 Tributary 1. Vaughn Creek Tributary 3 ...... 1,600 feet upstream of confluence with Vaughn Creek ..... +292 Unincorporated Areas of Hinds County. 2,000 feet upstream of confluence with Vaughn Creek +301 Tributary 3. 650 feet upstream of Jack Johnson Road ...... +314 5,500 feet upstream of confluence with Vaughn Creek +320 Tributary 3. Vaughn Creek Tributary 3–2 .... 1,000 feet upstream of confluence with Vaughn Creek +308 Unincorporated Areas of Tributary 3. Hinds County. 150 feet upstream of Cassidy Road ...... +317
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Clinton Maps are available for inspection at City Hall, 300 Jefferson Street, Clinton, MS 39056. City of Jackson Maps are available for inspection at the Department of Public Works, 200 South President Street, Jackson, MS 39205. Town of Bolton Maps are available for inspection at the Town Hall, 202 Bolton-Raymond Road, Bolton, MS 39041. Town of Learned Maps are available for inspection at 521 Cherry Street, Learned, MS 39154 Town of Terry Maps are available for inspection at the Town Hall, 315 Cunningham Avenue, Terry, MS 39170. Unincorporated Areas of Hinds County Maps are available for inspection at the Hinds County Permit and Zoning Office, 127 West Main Street, Raymond, MS 39154. * Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in me- ters (MSL) Modified
Commonwealth of Puerto Rico County, Puerto Rico, and Incorporated Areas Docket No.: FEMA–B–7765
Atlantic Ocean—Entire Shore- Lowest elevation located at approximately 0.8 kilometers ∧2.7 Commonwealth of Puerto line of the Commonwealth of northwest of intersection of Carretera 466 and Rico, Municipality of Puerto Rico. Carretera Municipal. Ponce. Highest elevation located at shoreline, approximately 0.9 ∧13.7 kilometer northwest of intersection of Carretera 681 and Calle B. Caribbean Sea ...... Approximately 550 meters southwest of the intersection of ∧1.5 Commonwealth of Puerto Calle Dr Vidal and Calle 33. Rico, Municipality of Ponce. Shoreline, approximately 2.7 kilometers southwest of the ∧4.6 intersection of Carretera 307 and Calle A. Isla Culebra/Atlantic Ocean ...... Approximately 1.6 kilometers northwest of the intersection ∧1.5 Commonwealth of Puerto of Calle 1 and Carretera 251. Rico. Shoreline, approximately 3.0 kilometers northeast of the ∧14.3 intersection of Calle 1 and Carretera 251 (Punta Fla- menco). Isla Culebra/Ensenada Honda .. Approximately 90 meters southeast of the intersection of ∧3 Commonwealth of Puerto Calle Luis Munoz Marin and Carretera 250. Rico. Shoreline, approximately 4.0 kilometers southeast of the ∧8.8 intersection of Calle Luis Munoz Marin and Carretera 250. Isla Vieques/Caribbean Sea ..... Approximately 3.0 kilometers southwest of the intersection ∧2.4 Commonwealth of Puerto of Carretera 200 and Camino Puerto Diablo. Rico.
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in me- ters (MSL) Modified
Shoreline, approximately 6.9 kilometers southwest of the ∧3.8 intersection of Carretera 201 and Carretera 996. Isla Vieques/Vieques Passage Approximately 9.2 kilometers northwest of the intersection ∧2.4 Commonwealth of Puerto of Carretera 201 and Carretera 996. Rico. Shoreline, approximately 3.7 kilometers northwest of the ∧6.2 intersection of Carretera 201 and Carretera 996. Isla Vieques/Vieques Sound ..... Approximately 9.7 kilometers southeast of the intersection ∧2.7 Commonwealth of Puerto of Carretera 200 and Camino Puerto Diablo. Rico. Shoreline, approximately 9.8 kilometers southeast of the ∧4.1 intersection of Carretera 200 and Camino Puerto Diablo. Quebrada Cambute ...... At confluence with Rio Canavanillas ...... ∧4.9 Commonwealth of Puerto Rico. Approximately 790 meters upstream of confluence with ∧12.1 Rio Canovanillas. Quebrada Honda ...... Approximately 2,800 meters upstream of the confluence ∧17 Commonwealth of Puerto with Rio Cibuco. Rico. Approximately 2,330 meters upstream of Puerto Rico ∧74.2 Route 2. At confluence with Rio Guanajibo ...... ∧89.5 Approximately 920 meters upstream of Sector Jeraldo ..... ∧106.1 Quebrada Mabu ...... At confluence with Rio Humacao ...... ∧13.9 Commonwealth of Puerto Rico. Approximately 460 meters upstream of Calle B ...... ∧43.3 Quebrada Mariana ...... At confluence with Rio Humacao ...... ∧19 Commonwealth of Puerto Rico. Approximately 3,400 meters upstream of Puerto Rico ∧75.2 Highway 30. Quebrada Mariana Tributary .... At confluence with Quebrada Mariana ...... ∧20.5 Commonwealth of Puerto Rico. Approximately 110 meters upstream of Camino Manolo ∧32.2 Lopez. Quebrada la Mina ...... Approximately 220 meters downstream of Puerto Rico ∧6.1 Commonwealth of Puerto Route 997. Rico. Approximately 930 meters upstream of Puerto Rico Route ∧77.7 201. Quebrada la Mina Tributary ...... Confluence with Quebrada la Mina ...... ∧45.6 Commonwealth of Puerto Rico. Approximately 755 meters upstream of confluence with ∧82.3 Quebrada la Mina. Rio Bairoa ...... At confluence with Rio Grande de Loiza Reach 2 ...... ∧50.9 Commonwealth of Puerto Rico. Approximately 290 meters upstream of Calle Gardena ..... ∧90.1 Rio Caguitas ...... At confluence of Rio Grande de Loiza Reach 2 ...... ∧51 Commonwealth of Puerto Rico. Approximately 1,830 meters upstream of Calle ∧81.2 Canaboncito. Rio Canas ...... Confluence with Rio Matilde ...... ∧10.4 Commonwealth of Puerto Rico, Municipality of Ponce. Approximately 520 meters upstream of Avenida Ponce De ∧40.3 Leon. Rio Culebrinas (at San Sebas- Approximately 1,120 meters downstream of Calle Jose ∧57.3 Commonwealth of Puerto tian). Torres Pino. Rico. Approximately 1,160 meters upstream of Carretera 119 ... ∧69 Rio Culebrinas (at San Sebas- At confluence with Rio Culebrinas (at San Sebastian) ...... ∧60.8 Commonwealth of Puerto tian) Tributary. Rico. Approximately 710 meters upstream of Calle Hostos ∧64.1 Cabrera. Rio Culebrinas (downstream Approximately 473 meters upstream of Puerto Rico High- ∧8.7 Commonwealth of Puerto reach). way 2. Rico. Approximately 1,210 meters upstream of Calle Concep- ∧18.6 cion Vera Ayala. Rio Fajardo ...... Approximately 1,140 meters upstream of mouth ...... ∧1 Commonwealth of Puerto Rico. Approximately 2,050 meters upstream of Carretera 977 ... ∧60.7 Rio Grande de Anasco ...... Approximately 300 meters upstream of mouth ...... ∧2 Commonwealth of Puerto Rico.
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in me- ters (MSL) Modified
Approximately 2,370 meters upstream of Carretera 406 ... ∧20 Rio Grande de Humacao ...... Approximately 230 meters above mouth ...... ∧2 Commonwealth of Puerto Rico. Approximately 1,920 meters upstream of Carretera 914 ... ∧46.5 Rio Grande de Loiza Reach 1 .. Approximately 25 meters upstream of Puerto Rico High- ∧13.1 Commonwealth of Puerto way 3. Rico. Approximately 5,120 meters upstream of Puerto Rico ∧28.1 Highway 181. Rio Grande de Loiza Reach 2 .. Approximately 3,640 meters downstream of Puerto Rico ∧49.5 Commonwealth of Puerto Highway 30. Rico. Approximately 2,700 meters upstream of Carretera 183 ... ∧96.4 Rio Grande de Manati ...... Approximately 130 meters upstream of mouth ...... ∧3 Commonwealth of Puerto Rico. Approximately 100 meters upstream of Puerto Rico Route ∧49 145. Rio Guanajibo ...... Approximately 50 meters downstream of Carretera 102 .... ∧2.4 Commonwealth of Puerto Rico. Approximately 2,150 meters upstream of Carretera 368 ... ∧113 Rio Guatemala ...... At confluence with Rio Culebrinas (at San Sebastian) ...... ∧53.6 Commonwealth of Puerto Rico. Approximately 1,650 meters upstream of Carretera 111 ... ∧71.4 Rio Guayanes ...... Approximately 450 meters upstream of mouth ...... ∧3.3 Commonwealth of Puerto Rico. Approximately 4,330 meters upstream of Carretera 182 ... ∧34.3 Rio Guayo ...... Approximately 300 meters upstream of the confluence ∧45.8 Commonwealth of Puerto with Rio Inabon. Rico, Municipality of Ponce. Approximately 44 meters upstream of Puerto Rico Route ∧156.1 512. Rio Gurabo ...... At confluence with Rio Grande de Loiza Reach 2 ...... ∧46.8 Commonwealth of Puerto Rico. Approximately 1,800 meters upstream of Carretera 31 ..... ∧71.4 Rio Inabon ...... Approximately 96 meters upstream of mouth ...... ∧2.4 Commonwealth of Puerto Rico, Municipality of Ponce. Approximately 7,005 meters upstream of Calle 1 ...... ∧132.5 Rio Jacaguas ...... Approximately 96 meters upstream of mouth ...... ∧2.4 Commonwealth of Puerto Rico, Municipality of Ponce. Approximately 162 meters upstream of Puerto Rico Route ∧77.4 149. Rio Jacaguas (at Villalba) ...... Approximately 1,180 meters downstream of Puerto Rico ∧133.4 Commonwealth of Puerto Route 150. Rico. Approximately 2,010 meters upstream of Puerto Rico ∧196 Route 561. Rio Limones ...... At confluence with Rio Guayanes ...... ∧14.8 Commonwealth of Puerto Rico. Approximately 120 meters upstream of Carretera 902 ...... ∧37.6 Rio Matilde ...... Approximately 800 meters downstream of Puerto Rico ∧2.1 Commonwealth of Puerto Route 52. Rico. Confluence with Rio Canas and Rio Pastillo ...... ∧10.3 Rio Pastillo ...... Confluence with Rio Matilde ...... ∧10.4 Commonwealth of Puerto Rico, Municipality of Ponce. Approximately 80 meters upstream of Puerto Rico Route ∧42 132. Rio Sabana ...... Approximately 875 meters above mouth ...... ∧2.7 Commonwealth of Puerto Rico. Approximately 1,050 meters upstream of Carretera 983 ... ∧26.5 Rio Turabo ...... At confluence with Rio Grande de Loiza Reach 2 ...... ∧57.4 Commonwealth of Puerto Rico. Approximately 7,500 meters upstream of Calle Georgetti .. ∧105.8 Rio Valenciano ...... At confluence with Rio Gurabo ...... ∧59.8 Commonwealth of Puerto Rico. Approximately 1,040 meters upstream of Carretera 928 ... ∧70 Vieques Passage ...... Approximately 3.9 kilometers southeast of the intersection ∧1.8 Commonwealth of Puerto of Carretera 3 and Carretera 31. Rico.
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in me- ters (MSL) Modified
Shoreline, approximately 4.1 kilometers southeast of the ∧9.8 intersection of Carretera 3 and Carretera 31 (Punta Lima). Vieques Sound ...... At intersection of Forrestal Drive and Tarawa Drive ...... ∧3.4 Commonwealth of Puerto Rico. Shoreline, approximately 3.1 kilometers northeast of inter- ∧5.2 section of Avenida el Conquistador and Carretera Cabezas.
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Commonwealth of Puerto Rico Maps are available for inspection at the Puerto Rico Planning Board, Minilas Government Center, North Building, 16th Floor, East Jose de Diego Avenue, Stop 22, San Juan, PR 00940. Municipality of Ponce Maps are available for inspection at Ponce City Hall, 23 Calle Villa, Ponce, PR 00731.
* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
Yakima County, Washington, and Incorporated Areas Docket No.: FEMA–B–1010
Naches River ...... Approximately 300 feet downstream of I–82 ...... +1,185 Unincorporated Areas of Yakima County, City of Yakima, Town of Naches, Town of Selah. Approximately 0.74 mile upstream of Hwy 12 ...... +1,632 Naches River Split Flow A ...... Approximately at Pence Road ...... +1,170 Unincorporated Areas of Yakima County. Approximately 0.57 miles upstream of Cypress Road ...... +1,241
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Yakima Maps are available for inspection at 129 North 2nd Street, Yakima, WA 98901. Town of Naches Maps are available for inspection at 29 East 2nd Street, Naches, WA 98937. Town of Selah Maps are available for inspection at 115 West Naches Avenue, Selah, WA 98942. Unincorporated Areas of Yakima County Maps are available for inspection at 128 North 2nd Street, Yakima, WA 98901.
Roane County, Tennessee, and Incorporated Areas Docket No.: FEMA–B–1014
Caney Creek ...... 143 feet downstream of confluence with Postoak Creek ... +746 Unincorporated Areas of Roane County. 2,087 feet upstream of confluence with Tennessee River +746 Clinch River ...... 2,372 feet upstream of confluence with Tennessee River +747 City of Oak Ridge, City of Harriman, Unincorporated Areas of Roane County. 964 feet downstream of confluence with Young Creek ...... +747 Clinch River ...... 144 feet downstream of confluence with Caney Creek +748 Unincorporated Areas of East. Roane County. 6.3 miles upstream up SH 95 ...... +796
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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
Emory River ...... 1,463 feet upstream of confluence with Clinch River ...... +747 City of Kingston, Unincor- porated Areas of Roane County. 600 feet upstream of confluence with Swan Pond Creek .. +748 Smith Creek ...... 3,150 feet upstream of confluence with Tennessee River +747 Unincorporated Areas of Roane County, City of Kingston. 411 feet downstream of Paint Rock Ferry Road ...... +747 Tennessee River ...... 5,880 feet downstream of confluence with Caney Creek ... +746 Unincorporated Areas of Roane County, City of Kingston. 1,140 Feet upstream of confluence with Hines Creek ...... +750 Whites Creek ...... 2.6 miles downstream of confluence with Black Creek ...... +746 Unincorporated Areas of Roane County. 1,900 feet upstream of confluence with Black Creek ...... +791
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Harriman Maps are available for inspection at 300 North Roane Street, Harriman, TN 37748. City of Kingston Maps are available for inspection at 125 West Cumberland Street, Kingston, TN 37763. City of Oak Ridge Maps are available for inspection at 200 South Tulane Avenue, Oak Ridge, TN 37830. Unincorporated Areas of Roane County Maps are available for inspection at 200 East Race Street, Kingston, TN 37763.
(Catalog of Federal Domestic Assistance DATES: The date of issuance of the Flood This final rule is issued in accordance No. 97.022, ‘‘Flood Insurance.’’) Insurance Rate Map (FIRM) showing with section 110 of the Flood Disaster [FR Doc. E9–27113 Filed 11–9–09; 8:45 am] BFEs and modified BFEs for each Protection Act of 1973, 42 U.S.C. 4104, BILLING CODE 9110–12–P community. This date may be obtained and 44 CFR part 67. FEMA has by contacting the office where the maps developed criteria for floodplain are available for inspection as indicated management in floodprone areas in DEPARTMENT OF HOMELAND on the table below. accordance with 44 CFR part 60. SECURITY ADDRESSES: The final BFEs for each Interested lessees and owners of real community are available for inspection property are encouraged to review the Federal Emergency Management proof Flood Insurance Study and FIRM Agency at the office of the Chief Executive Officer of each community. The available at the address cited below for each community. The BFEs and 44 CFR Part 67 respective addresses are listed in the table below. modified BFEs are made final in the communities listed below. Elevations at [Docket ID FEMA–2008–0020] FOR FURTHER INFORMATION CONTACT: selected locations in each community Kevin C. Long, Acting Chief, Final Flood Elevation Determinations are shown. Engineering Management Branch, National Environmental Policy Act. AGENCY: Federal Emergency Mitigation Directorate, Federal This final rule is categorically excluded Management Agency, DHS. Emergency Management Agency, 500 C from the requirements of 44 CFR part Street, SW., Washington, DC 20472, ACTION: Final rule. 10, Environmental Consideration. An (202) 646–2820. environmental impact assessment has SUMMARY: Base (1% annual-chance) SUPPLEMENTARY INFORMATION: The not been prepared. Flood Elevations (BFEs) and modified Federal Emergency Management Agency Regulatory Flexibility Act. As flood BFEs are made final for the (FEMA) makes the final determinations elevation determinations are not within communities listed below. The BFEs listed below for the modified BFEs for the scope of the Regulatory Flexibility and modified BFEs are the basis for the each community listed. These modified Act, 5 U.S.C. 601–612, a regulatory floodplain management measures that elevations have been published in flexibility analysis is not required. each community is required either to newspapers of local circulation and Regulatory Classification. This final adopt or to show evidence of being ninety (90) days have elapsed since that rule is not a significant regulatory action already in effect in order to qualify or publication. The Assistant under the criteria of section 3(f) of remain qualified for participation in the Administrator for Mitigation has Executive Order 12866 of September 30, National Flood Insurance Program resolved any appeals resulting from this 1993, Regulatory Planning and Review, (NFIP). notification. 58 FR 51735.
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Executive Order 13132, Federalism. List of Subjects in 44 CFR Part 67 Authority: 42 U.S.C. 4001 et seq.; This final rule involves no policies that Administrative practice and Reorganization Plan No. 3 of 1978, 3 CFR, have federalism implications under procedure, Flood insurance, Reporting 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. Executive Order 13132. and recordkeeping requirements. Executive Order 12988, Civil Justice ■ Accordingly, 44 CFR part 67 is § 67.11 [Amended] Reform. This final rule meets the amended as follows: applicable standards of Executive Order ■ 2. The tables published under the 12988. PART 67—[AMENDED] authority of § 67.11 are amended as ■ 1. The authority citation for part 67 follows: continues to read as follows:
* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
Orange County, California, and Incorporated Areas Docket No.: FEMA–B–1004
Aliso Creek ...... At confluence with Pacific Ocean ...... +14 City of Laguna Beach, Unin- corporated Areas of Or- ange County. Approximately 1.09 mile upstream of confluence with Pa- +41 cific Ocean. Bluebird Canyon ...... At confluence with Pacific Ocean ...... +17 City of Laguna Beach. Approximately 0.55 mile upstream of confluence with Pa- +124 cific Ocean. Canyon Acres Wash ...... Approximately 70 feet upstream of confluence with La- +81 City of Laguna Beach. guna Canyon. Approximately 1,460 feet upstream of Lewellyn Drive ...... +185 Laguna Canyon ...... At confluence with Pacific Ocean ...... +15 City of Laguna Beach, Unin- corporated Areas of Or- ange County. Approximately 0.72 mile upstream of upstream-most State +344 Highway 73 crossing.
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Laguna Beach Maps are available for inspection at City Hall, 505 Forest Avenue, Laguna Beach, CA 92651. Unincorporated Areas of Orange County Maps are available for inspection at the Orange County Public Works Department, 300 North Flower Street, Santa Ana, CA 92703.
Anderson County, Kentucky, and Incorporated Areas Docket No.: FEMA–B–1007
Kentucky River ...... Anderson County and Franklin County corporate limits ..... +509 Unincorporated Areas of An- derson County. Anderson County and Mercer County corporate limits ...... +527
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Unincorporated Areas of Anderson County Maps are available for inspection at 139 Main Street, Lawrenceburg, KY 40342.
Graves County, Kentucky, and Incorporated Areas Docket No.: FEMA–1013
Camp Creek ...... Approximately 2,000 feet upstream KY–348 ...... +352 Unincorporated Areas of Graves County. Approximately 800 feet upstream of railroad ...... +370 Kess Creek ...... At Paris Road ...... +456 Unincorporated Areas of Graves County, City of Mayfield. Approximately 750 downstream of South 10th Street ...... +470 Obion Creek ...... Approximately 2,100 feet downstream of railroad (West +378 Unincorporated Areas of County Boundary). Graves County.
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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
At US–45 ...... +410
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Mayfield Maps are available for inspection at 211 East Broadway, Mayfield, KY 42066. Unincorporated Areas of Graves County Maps are available for inspection at 101 East South Street, Mayfield, KY 42066.
Van Buren County, Michigan, and Incorporated Areas Docket No.: FEMA–1002
Maple Creek ...... Approximately 0.4 mile upstream of Ollie Hosier Drive ...... +645 Township of Bangor. Approximately 800 feet downstream of 34th Avenue ...... +648 South Branch Black River ...... Approximately 900 feet upstream of Kal-Haven Trail ...... +585 City of South Haven. Downstream side of 711⁄2 Street ...... +585
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of South Haven Maps are available for inspection at 539 Phoenix Street, South Haven, MI 49090. Township of Bangor Maps are available for inspection at 32550 CR 687, Bangor, MI 49013.
Watauga County, North Carolina, and Incorporated Areas Docket Nos.: FEMA–B–1004 and FEMA–D–7808
Beech Creek ...... At the confluence with Watauga River ...... +2,446 Unincorporated Areas of Watauga County. Approximately 1,080 feet upstream of the confluence of +2,776 Buckeye Creek. Boone Creek ...... At the confluence with Winkler Creek ...... +3,122 Town of Boone. Approximately 350 feet upstream of West King Street ...... +3,311 Brushy Fork ...... Approximately 100 feet downstream of US 421 Highway +2,724 Unincorporated Areas of N. Watauga County. Approximately 700 feet upstream of Adams Cemetery +2,893 Road (State Road 1375). Buckeye Creek ...... At the confluence with Beech Creek ...... +2,731 Unincorporated Areas of Watauga County. Approximately 0.7 mile upstream of Blevins Road ...... +2,940 Cobb Creek ...... At the confluence with Meat Camp Creek ...... +3,169 Unincorporated Areas of Watauga County. Approximately 1,540 feet upstream of Cobbs Creek Road +3,307 (State Road 1325). Cove Creek ...... At the confluence with Watauga River ...... +2,637 Unincorporated Areas of Watauga County. Approximately 620 feet upstream of Hill Road ...... +3,083 Elk Creek ...... Approximately 100 feet downstream of the Watauga/ +1,349 Unincorporated Areas of Wilkes County boundary. Watauga County. Approximately 1.1 miles upstream of Jakes Mountain +2,135 Road. Elk Creek (into South Fork Approximately 50 feet upstream of Big Hill Road (State +2,955 Unincorporated Areas of River). Road 1350). Watauga County. Approximately 250 feet upstream of State Road 194 ...... +2,982 Flannery Fork ...... At the confluence with Winkler Creek ...... +3,253 Unincorporated Areas of Watauga County, Town of Boone. Approximately 430 feet upstream of Sky Ranch Road ...... +3,469 Gap Creek ...... At the Watauga/Ashe County boundary ...... +2,952 Unincorporated Areas of Watauga County. Approximately 160 feet upstream of James Parsons Road +3,076 Hodges Creek ...... Approximately 430 feet upstream of the confluence with +3,127 Town of Boone. Boone Creek. Approximately 140 feet upstream of NC 105 Highway ...... +3,286
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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
Howard Creek ...... Approximately 1,440 feet upstream of Moss Hill Road ...... +3,212 Unincorporated Areas of Watauga County. Approximately 0.6 mile upstream of Millers Pond Lane ..... +3,418 Laurel Fork ...... At the confluence with Watauga River ...... +2,739 Unincorporated Areas of Watauga County, Town of Boone. Approximately 1,400 feet upstream of George Wilson +3,357 Road. Left Prong Stony Fork ...... At the Watauga/Wilkes County boundary ...... +1,639 Unincorporated Areas of Watauga County. Approximately 220 feet upstream of the confluence of +1,947 Wildcat Creek. Meat Camp Creek ...... At the confluence with South Fork New River ...... +3,058 Unincorporated Areas of Watauga County. Approximately 1.1 miles upstream of Bryan Hollow Road +3,495 (State Road 1339). Meat Camp Creek Tributary ..... At the confluence with Meat Camp Creek ...... +3,156 Unincorporated Areas of Watauga County. Approximately 1,160 feet upstream of NC 194 Highway +3,213 North. Middle Fork ...... Approximately 500 feet downstream of Shoppes On The +3,455 Unincorporated Areas of Parkway Road. Watauga County, Town of Blowing Rock. Approximately 0.4 mile upstream of Goforth Road ...... +3,630 Norris Fork ...... At the confluence with Meat Camp Creek ...... +3,200 Unincorporated Areas of Watauga County. Approximately 0.4 mile upstream of the confluence with +3,248 Meat Camp Creek. Pine Orchard Creek ...... At the confluence with Elk Creek (into South Fork New +2,974 Unincorporated Areas of River). Watauga County. Approximately 0.7 mile upstream of the confluence with +3,041 Elk Creek (into South Fork New River). Stony Fork ...... At the Watauga/Wilkes County boundary ...... +1,975 Unincorporated Areas of Watauga County. Approximately 40 feet downstream of Stoney Fork Road +2,265 (State Road 1505). Stony Fork Tributary ...... At the confluence with Stony Fork ...... +2,260 Unincorporated Areas of Watauga County. Approximately 1,470 feet upstream of Stoney Fork Road +2,341 Unnamed Tributary to Middle At the confluence with Middle Fork ...... +3,477 Unincorporated Areas of Fork. Watauga County, Town of Blowing Rock. Approximately 0.7 mile upstream of Chetola Lake Drive ... +3,546 Watauga River ...... At the Watauga County boundary ...... +2,142 Unincorporated Areas of Watauga County. Approximately 30 feet upstream of The Glens Boulevard .. +3,596 Wildcat Creek ...... At the confluence with Left Prong Stony Fork ...... +1,941 Unincorporated Areas of Watauga County. Approximately 0.6 mile upstream of Bill Miller Lane ...... +2,469 Winkler Creek ...... At the upstream side of Blowing Rock Road ...... +3,114 Unincorporated Areas of Watauga County, Town of Boone. Approximately 300 feet upstream of Rainbow Mountain +3,442 Road.
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Town of Blowing Rock Maps are available for inspection at the Town Hall, 1036 Main Street, Blowing Rock, NC 28605. Town of Boone Maps are available for inspection at the Boone Town Planning and Inspections Office, 1500 Blowing Rock Road, Boone, NC 28607. Unincorporated Areas of Watauga County Maps are available for inspection at the Watauga County Planning and Inspections Department, 331 Queen Street, Suite 8, Boone, NC 28607
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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified
Barron County, Wisconsin, and Incorporated Areas Docket No.: FEMA–B–1014
Bear Creek ...... 191 feet downstream of Main Street (Haugen) ...... +1,198 Village of Haugen, Unincor- porated Areas of Barron County. Just downstream of Bear Lake Dam ...... +1,207 Beaver Dam Lake ...... Entire shoreline ...... +1,233 City of Cumberland. Big Moon Lake ...... Entire shoreline ...... +1,171 Unincorporated Areas of Barron County. Buck Lake ...... Entire shoreline ...... +1,233 City of Cumberland, Unincor- porated Areas of Barron County. Devils Lake ...... Entire shoreline ...... +1,262 Unincorporated Areas of Barron County. Duck Lake ...... Entire shoreline ...... +1,236 City of Cumberland, Unincor- porated Areas of Barron County. Frankenburg Slough ...... Entire shoreline ...... +1,040 Village of Cameron. Granite Lake ...... Entire shoreline ...... +1,238 Unincorporated Areas of Barron County. Lake Montanis ...... Entire shoreline ...... +1,119 City of Rice Lake, Unincor- porated Areas of Barron County. Little Sand Lake ...... Entire shoreline ...... +1,250 Unincorporated Areas of Barron County. Lower Turtle Lake ...... Entire shoreline ...... +1,165 Unincorporated Areas of Barron County. Lower/Upper Vermillion Lake ... Entire shoreline ...... +1,184 Unincorporated Areas of Barron County. Peterson Lake ...... Entire shoreline ...... +1,189 Unincorporated Areas of Barron County. Poskin Lake ...... Entire shoreline ...... +1,157 Unincorporated Areas of Barron County. Red Cedar River ...... 6,000 feet downstream of State Hwy 48 ...... +1,126 Unincorporated Areas of Barron County. Outlet of Red Cedar Lake ...... +1,177 Red Cedar River Tributary 16 .. Confluence with Red Cedar River ...... +1,112 City of Rice Lake, Unincor- porated Areas of Barron County. 750 feet upstream of US Hwy 53 ...... +1,191 Sand Lake ...... Entire shoreline ...... +1,226 Unincorporated Areas of Barron County. Shallow Lake ...... Entire shoreline ...... +1,240 Unincorporated Areas of Barron County. Silver Lake ...... Entire shoreline ...... +1,258 Unincorporated Areas of Barron County. Tuscobia Lake/Stump Lake ...... Entire shoreline ...... +1,129 Unincorporated Areas of Barron County. Upper Turtle Lake ...... Entire shoreline ...... +1,174 Unincorporated Areas of Barron County.
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Cumberland Maps are available for inspection at 1356 2nd Avenue Cumberland, WI 54829. City of Rice Lake Maps are available for inspection at 30 East Eau Claire Street, Rice Lake, WI 54868. Unincorporated Areas of Barron County Maps are available for inspection at 330 East LaSalle Avenue, Barron, WI 54812. Village of Cameron Maps are available for inspection at 300 North 1st Street, Cameron, WI 54822. Village of Haugen Maps are available for inspection at 104 West 3rd Street, Haugen, WI 54841.
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(Catalog of Federal Domestic Assistance No. DATES: Effective 1200 hrs, Alaska local cooperative fishery in the Rockfish 97.022, ‘‘Flood Insurance.’’) time (A.l.t.), November 5, 2009, through Program for the Central GOA. 2400 hrs, A.l.t., December 31, 2009. Deborah S. Ingram, Classification Acting Deputy Assistant Administrator for FOR FURTHER INFORMATION CONTACT: Mitigation, Mitigation Directorate, Obren Davis, 907–586–7228. This action responds to the best Department of Homeland Security, Federal SUPPLEMENTARY INFORMATION: NMFS available information recently obtained Emergency Management Agency. manages the groundfish fishery in the from the fishery. The Assistant [FR Doc. E9–27112 Filed 11–9–09; 8:45 am] GOA exclusive economic zone Administrator for Fisheries, NOAA BILLING CODE 9110–12–P according to the Fishery Management (AA), finds good cause to waive the Plan for Groundfish of the Gulf of requirement to provide prior notice and Alaska (FMP) prepared by the North opportunity for public comment DEPARTMENT OF COMMERCE Pacific Fishery Management Council pursuant to the authority set forth at 5 under authority of the Magnuson- U.S.C. 553(b)(B) as such requirement is National Oceanic and Atmospheric Stevens Fishery Conservation and impracticable and contrary to the public Administration Management Act. Regulations governing interest. This requirement is fishing by U.S. vessels in accordance impracticable and contrary to the public 50 CFR Part 679 with the FMP appear at subpart H of 50 interest as it would prevent NMFS from [Docket No. 09100091344–9056–02] CFR part 600 and 50 CFR part 679. responding to the most recent fisheries The amount of the 2009 Pacific cod data in a timely fashion and would RIN 0648–XS79 TAC apportioned to vessels catching delay the prohibition of retention of Pacific cod for processing by the inshore Pacific cod by any vessels catching Fisheries of the Exclusive Economic component in the Central Regulatory Pacific cod for processing by the inshore Zone Off Alaska; Pacific Cod in the Area (Statistical Areas 620 and 630, component in the Central Regulatory Central Regulatory Area of the Gulf of between 147 degrees and 159 degrees Area of the GOA. NMFS was unable to Alaska W. longitudes) of the GOA is 21,277 publish a notice providing time for AGENCY: National Marine Fisheries metric tons (mt) as established by the public comment because the most Service (NMFS), National Oceanic and final 2009 and 2010 harvest recent, relevant data only became Atmospheric Administration (NOAA), specifications for groundfish of the GOA available as of November 4, 2009. Commerce. (74 FR 7333, February 17, 2009). In accordance with § 679.20(d)(2), the The AA also finds good cause to ACTION: Temporary rule; prohibition of waive the 30–day delay in the effective retention. Administrator, Alaska Region, NMFS (Regional Administrator), has date of this action under 5 U.S.C. 553(d)(3). This finding is based upon SUMMARY: NMFS is prohibiting retention determined that the amount of the 2009 the reasons provided above for waiver of of Pacific cod by vessels catching Pacific Pacific cod TAC apportioned to vessels prior notice and opportunity for public cod for processing by the inshore catching Pacific cod for processing by comment. component in the Central Regulatory the inshore component in the Central Area of the Gulf of Alaska (GOA). NMFS Regulatory Area of the GOA has been This action is required by § 679.20 is requiring that catch of Pacific cod in reached. Therefore, NMFS is requiring and is exempt from review under this area be treated in the same manner that further catches of Pacific cod Executive Order 12866. as prohibited species and discarded at caught by vessels catching Pacific cod Authority: 16 U.S.C. 1801 et seq. sea with a minimum of injury. for processing by the inshore This action is necessary because the component in the Central Regulatory Dated: November 5, 2009. amount of the 2009 total allowable catch Area of the GOA be treated as James P. Burgess, (TAC) of Pacific cod apportioned to prohibited species in accordance with Acting Director, Office of Sustainable vessels catching Pacific cod for § 679.21(b). This inseason action does Fisheries, National Marine Fisheries Service. processing by the inshore component in not apply to vessels fishing under a [FR Doc. E9–27042 Filed 11–5–09; 4:15 am] this area has been reached. cooperative quota permit in the BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 74, No. 216
Tuesday, November 10, 2009
This section of the FEDERAL REGISTER Pennsylvania Avenue, N.W., needs. The Commission seeks contains notices to the public of the proposed Washington, DC 20580. comments on these proposed changes. issuance of rules and regulations. The SUPPLEMENTARY INFORMATION: To facilitate comment, this Notice purpose of these notices is to give interested provides background on the EISA persons an opportunity to participate in the Table of Contents provisions, the current labeling rule making prior to the adoption of the final requirements, the public comments, and rules. I. Introduction II. Background the FTC consumer research; details the III. Current FTC Labeling proposed changes to the labeling, IV. Consumer Research FEDERAL TRADE COMMISSION reporting, website and catalog V. Effectiveness of Current Labeling requirements; discusses proposed Requirements consumer education measures; provides 16 CFR Part 305 VI. Proposed Rule Changes a section by section description of the [RIN 3084-AB03] A. Proposed Product Coverage B. Proposed Package Labeling proposed changes; and analyzes the Appliance Labeling Rule 1. Front and Rear Panel Format impact of the proposed changes 2. Required Package Disclosures pursuant to the Paperwork Reduction AGENCY: Federal Trade Commission a. Brightness/ Light Output Act and the Regulatory Flexibility Act. (‘‘FTC’’ or ‘‘Commission’’). b. Energy Use/ Efficiency II. Background ACTION: Notice of proposed rulemaking; c. Life request for public comment. d. Color Appearance EISA directs the Department of e. Voltage Energy (‘‘DOE’’) to issue stringent SUMMARY: Section 321 of the Energy f. Mercury Disclosure energy efficiency standards for lighting Independence and Security Act of 2007 3. Affirmative Disclosures for Energy Cost products. These standards will requires the Commission to conduct a and Life Claims on Package 4. Total Lifecycle Cost (Not Proposed for eliminate low efficiency incandescent rulemaking to consider the effectiveness Label) light bulbs from store shelves. The of current labeling requirements for 5. Color Rendering Index (Not Proposed for remaining high efficiency light bulbs lamps (commonly referred to as ‘‘light Label) will include products widely available bulbs’’) and to consider alternative C. Product Labeling now, such as compact fluorescent lamps labeling approaches. After reviewing D. Reporting Requirements (‘‘CFLs’’), as well as products that are public comments and consumer E. Website and Paper Catalog Requirements likely to become increasingly available research, the Commission seeks VII. Consumer Education in the future such as improved comments on proposed changes to the VIII. Section by Section Description of incandescent bulbs and very high existing labeling requirements for lamp Proposed Changes efficiency solid-state lighting (e.g., light- IX. Request for Comment products. X. Communications by Outside Parties to the emitting diode (LED) products). DATES: Written comments must be Commissioners or Their Advisors Given these changes, Congress received on or before December 28, XI. Paperwork Reduction Act directed the FTC to consider the 2009. XII. Regulatory Flexibility Act effectiveness of its current light bulb XIII. Proposed Rule Language disclosure requirements and possible ADDRESSES: Interested parties are alternative labeling disclosures that invited to submit written comments I. Introduction could help consumers understand new electronically or in paper form by In accordance with the Energy high-efficiency bulbs and help them following the instructions in the Independence and Security Act of 2007 choose bulbs that meet their needs.2 In SUPPLEMENTARY INFORMATION section (Pub. L. 110-140) (‘‘EISA’’), the particular, the law directs the below. Comments in electronic form Commission has considered the Commission to consider labeling should be submitted by using the effectiveness of current requirements disclosures that address consumer following weblink: (https://public. and alternative approaches for labeling needs for information about lighting commentworks.com/ftc/lamp lamps, commonly referred to as light level, light quality, lamp life, and total amendmentsNPRM) (and following the bulbs.1 After reviewing public lifecycle cost. The Commission must instructions on the web-based form). comments and conducting consumer complete this effort by June 2010.3 EISA Comments filed in paper form should be research, the Commission now proposes (section 321(c)) also requires DOE, in mailed or delivered to the following amendments to the Appliance Labeling cooperation with the FTC and other address: Federal Trade Commission, Rule (16 CFR Part 305) that would agencies, to conduct a ‘‘proactive Office of the Secretary, Room H- require light bulb packages to display 135(Annex N), 600 Pennsylvania brightness and energy cost information 2 Section 321(b) of EISA amends section Avenue, N.W., Washington, DC 20580, on the front panel and a detailed 324(a)(2)(C) of the Energy Policy and Conservation in the manner detailed in the Request ‘‘Lighting Facts’’ label on the side or Act (EPCA) (42 U.S.C. 6294(a)(2)(C)). Additional amendments in EISA redesignate 6294(a)(2)(C) as for Comment part of the SUPPLEMENTARY rear. The proposed amendments also INFORMATION section below. 6294(a)(2)(D) (see section 324(d) of EISA). would require certain disclosures on the 3 Section 321(b) of EISA (42 U.S.C. 6294(a)(2)(D)) FOR FURTHER INFORMATION CONTACT: bulbs. These new labeling requirements also gives the Commission the discretion to Hampton Newsome, (202) 326-2889, or should help consumers choose energy ‘‘consider reopening the rulemaking not later than Lemuel Dowdy, (202) 326-2981, 180 days before the effective dates of the standards efficient bulbs that meet their lighting for general service incandescent lamps Attorneys, Division of Enforcement, [implemented by DOE], if the Commission Bureau of Consumer Protection, Federal 1 This Notice uses the terms lamp, light bulb, and determines that further labeling changes are needed Trade Commission, Room NJ-2122, 600 bulb interchangeably. to help consumers understand lamp alternatives.’’
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national program of consumer participants discussed the effectiveness III. Current FTC Labeling awareness, information, and education’’ of current labeling requirements, as well Current FTC regulations require that to help consumers understand new light as whether labeling alternatives would most incandescent and compact bulb labels and make energy-efficient help consumers in their purchasing fluorescent lamp packages display lighting choices that meet their needs. decisions. Using this information, the information about the product’s light To begin fulfilling this mandate, the Commission conducted a consumer output (in lumens), energy use (in Commission published an Advance research study to aid in determining watts), and lamp life (in hours).6 The Notice of Proposed Rulemaking what revisions, if any, it should make to package disclosures also must provide (‘‘ANPR’’) on July 18, 2008 (73 FR existing labeling requirements.5 the following statement: ‘‘To save 40988) seeking comment, and then held energy costs, find the bulbs with the a public roundtable on September 15, light output you need, then choose the 2008.4 Commenters and roundtable one with
Figure 1 by the current rule may appear on the IV. Consumer Research package. Example of Current Disclosures In its ANPR, the Commission The current rule also requires requested that commenters provide the lowest watts.’’ Additionally, catalog manufacturers to possess and rely upon retailers (including websites) must consumer research related to lighting a reasonable basis consisting of disclosures. However, no commenters disclose this information for the covered competent and reliable scientific tests to lamps they sell.7 The current rule submitted or identified any recent, substantiate the information on their comprehensive consumer studies. provides manufacturers flexibility labels. For lamp life and light output Therefore, the FTC, through a regarding the size, font, and style in representations, the rule states that the contractor, conducted a consumer focus which the information is presented, but Commission will accept as group about various light bulb attributes otherwise mandates the wording, substantiation data derived from in October 2008.10 After considering the relative size, and order of the applicable IES (‘‘Illuminating results of this focus group, the FTC disclosures.8 Figure 1 provides one Engineering Society’’) test protocols.9 conducted a quantitative label study in example of how the disclosures required The rule, however, does not require the Spring of 2009.11 manufacturers to use these protocols.
4 The comments received in response to the 8 In addition to the requirements for common There were no DOE test procedures available for ANPR are at (http://www.ftc.gov/os/comments/ household (medium screw base) light bulbs, the other lighting products when the FTC first lightbulbs/index.shtm). A transcript of the rule directs manufacturers of fluorescent lamp published the lamp labeling rules in 1994. Roundtable can be found at (http://www.ftc.gov/ ballasts and luminaires, metal halide lamp fixtures, 10 A report on the focus group (‘‘FTC Focus and certain tube-type (‘‘general service’’) bcp/workshops/lamp/transcript.pdf). Group Report’’), prepared by FTC’s contractor, fluorescent lamps to mark their products with an 5 Synovate, Inc., is available at (http://www.ftc.gov/ See 73 FR 72800 (Dec. 1, 2008); 74 FR 7894 encircled ‘‘E,’’ a symbol signifying compliance with (Feb. 20, 2009). See comments at (http://www.ftc. DOE minimum efficiency standards. See 16 CFR os/comments/lightbulbs/index.shtm). gov/os/comments/lampstudypra2/index.shtm). 305.15. Packages for incandescent reflector lamps 11 The Commission announced this study in a December 1, 2008 notice (73 FR 72800) and 6 The FTC issued the current lighting disclosure must also display the encircled ‘‘E’’ as well as provided details regarding the research in a requirements in 1994 (see 16 CFR §§ 305.15(a), (b), information on light output, energy use, and watts. 9 February 20, 2009 notice (74 FR 7894). Comments & (c)). See 59 FR 25176 (May 13, 1994). Figure 1 See 16 CFR 305.5. For fluorescent lamp ballasts, the rule requires manufacturers to derive energy received in response to the February 20, 2009 notice contains a sample of the current label. consumption information using specific DOE test are available at (http://www.ftc.gov/os/comments/ 7 16 CFR 305.20. procedures (10 CFR Part 430, subpart B, 430.23(q)). lampstudypra2/index.shtm).
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The label study employed standard watts in the required disclosure is needed to attain a particular light output consumer survey methodologies, problematic because consumers tend to can differ substantially across these including choice experiments, to use watts (instead of lumens) as a technologies.20 explore how different disclosure measure of brightness. Second, the In addition to concerns about wattage approaches impact consumer decision- current FTC disclosures do not provide disclosures, the Commission’s review making.12 The FTC analyzed the data some types of information that may be identified three types of important using a multi-variate probit model to important to consumers. information the current disclosures do determine which disclosure approaches The comments and research show that not address. First, the current were most successful in helping consumers interpret wattage to measure disclosures do not provide consumers respondents choose correct answers, brightness even though wattage is a with energy cost information. Many holding other factors constant.13 The measure of energy use. For instance, the commenters identified energy cost as study did not generate information Focus Group Report concluded that important information for the FTC about national public opinion and did ‘‘respondents mistakenly understood label.21 Second, the current rule does not provide nationally representative the measure of brightness to be wattage, not require color temperature results. Instead, the results provided the and this was how they selected information (i.e., the cool or warm FTC with information about the bulbs.’’17 In the FTC label study, appearance of a bulb’s light). Color comparative effectiveness of various respondents viewing label variations temperature garnered significant label approaches.14 including watts on the front panel, who attention in the comments and during In addition to the FTC research, the were asked to choose the brightest bulb, the roundtable because, as more color Commission considered concurrent were somewhat more likely to pick the temperature variations become research conducted in 2009 by Natural incorrect bulb than respondents viewing available, particularly for high Resources Canada (‘‘NRCan’’).15 labels with other energy descriptors.18 efficiency bulbs, uniform color NRCan’s research sought to gather Thus, a significant number of temperature information may become information on ‘Canadians’ knowledge, respondents viewing those variations increasingly important.22 Finally, some perceptions and understanding of appear to have based their brightness commenters noted that there are no household lighting, both in terms of the determination on wattage information, current federal disclosures regarding the product and the terminology used to rather than criteria intended to mercury content in CFLs.23 They argued describe it.’’ Specifically, NRCan communicate light output. Similarly, that such information is important to conducted ten focus groups and an the Canadian research concluded that help consumers understand how to online survey. The survey explored the majority of respondents in Canada safely use and dispose of these Canadian consumers’ experiences with think of ‘‘watts as a measure of products. brightness or both as a measure of different bulb types, their understanding VI. Proposed Rule Changes of energy efficiency related to lighting brightness and energy use.’’19 options, their understanding of lighting Consumers’ use of watts, and not The Commission is proposing terminology, the criteria they use in the lumens, to gauge light output worked in significant changes to its light bulb selection of light bulbs, and their a market dominated by incandescent labeling requirements. These changes reaction to different labeling concepts.16 bulbs because the wattage (i.e., energy affect the rule’s product coverage, the use) of incandescent lamps provides a required package and product V. Effectiveness of Current Labeling consistent proxy for brightness (i.e., disclosures, reporting, and website Requirements light output). For example, a ‘‘100-watt’’ (catalog) disclosures. In drafting these In considering the effectiveness of the incandescent bulb typically provides requirements, the Commission current label, the Commission reviewed enough light for reading while a ‘‘40- considered the severe space limitations comments, information provided at the watt’’ incandescent bulb typically on typical light bulb packaging and fall roundtable, and the consumer provides sufficient brightness to light a sought to propose simple, research. The review yielded two hallway or utility room. However, a straightforward disclosures. primary conclusions. First, the use of wattage based approach does not work in a market that includes different high A. Proposed Product Coverage 12 The FTC’s contractor administered questions efficiency bulbs because the wattage The proposed amendments apply to over the Internet to a sample of approximately 5,600 common household (medium screw respondents who were at least 18 years old and 17 FTC Focus Group Report at 6. base) light bulbs, including general were recent or likely future light bulb purchasers. 18 Question 201 asked respondents to choose the service incandescent bulbs and CFLs. 13 A probit analysis is a statistical technique that bulb that would fill their room with as much light These two technologies are the most uses several independent variables to predict the as possible. Question 202 asked them to give their probability of some outcome, such as the second choice. Of the respondents who viewed commonly available bulbs presently on probability that a correct answer will be selected. watts as the only descriptor on the front panel, the market. The amendments also In some cases, the FTC staff also performed 59.28% and 49.72% correctly answered Questions would apply to medium screw base Pearson’s chi-squared tests to test for significant 201 and 202, respectively; whereas 66.72% and light emitting diode (LED) lamps, which differences across treatment groups in the 52.92% of respondents who did not view watts on proportion of respondents selecting the correct the front panel correctly answered Questions 201 answer. and 202, respectively. See Consumer Research 20 For example, a traditional, standard 14 The complete results (‘‘Lamp Labeling Supplement at 356. incandescent bulb typically uses 100 watts to Consumer Research Supplement to Notice of 19 The NRCan research study states: ‘‘When provide 1,600 lumens of light output. A CFL, on the Proposed Rulemaking Related to the Effectiveness asked to describe in their own words their other hand, can provide the same light output using of the Current Lamp Labeling Requirements (16 understanding of ‘‘watts,’’ less than half (42%) of only 25 watts, while an LED lamp may use even CFR Part 305)’’), including the questionnaire and all respondents mentioned something approximating less energy to produce the same light output. other study details, are available at (www.ftc.gov/ the correct definition of energy/power use, while 21 See, e.g., sample labels from Philips, GE, energy). 64% mentioned brightness (or synonyms).’’ NRCan OSRAM, and NRDC at (http://www.ftc.gov/bcp/ 15 ‘‘Lighting Survey: Combined Executive Lighting Survey at 17. The NRCan research also workshops/lamp/index.shtml). Summary,’’ Sage Research Corporation (prepared found that the majority of Canadians ‘‘still have an 22 For example, session two of the Roundtable for the Canadian Electricity Association and Natural incandescent mindset in how they tend to think addressed color disclosures. See (http:// Resources Canada) (‘‘NRCan Lighting Survey’’) May about lighting choices, the terminology they use, www.ftc.gov/bcp/workshops/lamp/index.shtml). 2009, at 2. and the criteria they use to make decisions about 23 See GE (#540385-00002) and NEMA (#540385- 16 See generally NRCan Lighting Survey. what they buy.’’ NRCan Lighting Survey at 14. 00005).
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are likely to become widely available urging the Commission to require disclosures are brightness, energy cost, over the next few years.24 Though the consistent disclosures for lamps life, color appearance, wattage, mercury EISA amendments do not expressly regardless of technologies.28 content, and, for non-standard voltage require labeling for LEDs (42 U.S.C. bulbs, voltage information. The B. Proposed Package Labeling 6294),25 the Commission proposes to proposed amendments also allow cover them using its general authority to The proposed package labeling manufacturers the discretion to provide label consumer products under 42 amendments create a two-panel labeling the ENERGY STAR logo (if applicable). U.S.C. 6294(a)(6).26 format: a front panel with brightness Additionally, the amendments expand To effect the coverage of these three and energy cost information and a the current rules for voluntary cost and bulb types, the proposed rule requires Lighting Facts label with additional life claims, and do not require the new labels for any ‘‘general service information on the side or rear panel manufacturers to make disclosures lamp,’’ a term defined in the proposed (see Figure 2). This two-panel approach regarding a light bulb’s lifecycle or its rule to include any medium screw base benefits consumers by providing the color rendering index. Finally, in lamp that is a general service most important information in a simple- addition to changing the disclosures on incandescent, CFL, or general service to-read format on the package front and package labels, the amendments would LED.27 This proposed coverage is more detailed information on the side or require the bulbs themselves to display consistent with commenter suggestions rear panel. The proposed required brightness and mercury information.
24 LED products are more efficient and last specified’’ under existing labeling requirements). labeling section by excluding them from the longer than both incandescent and CFL bulbs and The law defines ‘‘consumer product’’ as any article definition of ‘‘general service incandescent lamps.’’ can replace those bulbs in common residential (other than an automobile) which ‘‘in operation See 42 U.S.C. 6291(30)(D). The Commission fixtures. The U.S. Department of Energy (‘‘DOE’’) is consumes, or is designed to consume energy’’ and proposes to continue required labeling for reflector currently supporting domestic research and ‘‘which, to any significant extent is distributed in lamps and 3-way incandescent lamps because they development for new solid-state lighting commerce for personal use or consumption by an have been labeled by the FTC for more than a technologies. For more information about DOE’s individual.’’ 42 U.S.C. 6291(1). The Commission decade, because they remain common products for efforts and LED technology in general, see (http:// believes that labeling for LED bulbs is likely to which continued labeling would assist consumers, www1.eere.energy.gov/buildings/ssl/). assist consumers in their purchasing decisions and because no comments suggest any reason for because they are substitutes for incandescents and 25 excluding them. The Commission seeks comment The EISA amendments included definitions CFLs and are likely to become increasingly on this proposal, including any reasons why these for solid-state lighting products (e.g., LED), but did available for household use. lamps should not be subject to the labeling not alter the scope of lighting products for which 27 The Commission also plans to use section requirements. labeling is required. Therefore, the current law does 6294(a)(6) to require labeling for two types of 28 not specifically direct the FTC to require labeling incandescent bulbs: reflector lamps and 3-way See, e.g., Phillips (#536795-00015), Energy for solid-state lighting products. (See 42 U.S.C. incandescent lamps. Prior to EISA, the Solutions (#536795-00010), NRDC (#536795-0003), 6291(30)(BB-DD) and 42 U.S.C. 6294(a)). Commission’s rules covered such products because and CEE (#536795-00011). The Commission also 26 Section 6294(a)(6) gives the Commission they fell under the statutory definition of ‘‘general seeks comment on whether there are other types of authority to require disclosures for consumer service incandescent lamp.’’ The EISA consumer lamps that the Commission should products not subject to specific labeling amendments, however, appear to have include under the new labeling requirements requirements in section 6294 (i.e., products ‘‘not inadvertently removed these products from the proposed in this Notice.
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FRONT PANEL about the electricity rate and usage study did not understand that ‘‘lumens’’ REAR PANEL assumptions underlying the energy cost or even ‘‘light output’’ convey estimate. Third, the label provides brightness.35 Figure 2 detailed information in a small space, To address these two concerns and Front Panel and Lighting Facts which is a particular concern given the enhance consumer understanding of the size of typical light bulb packages. light output of high efficiency bulbs, the 1. Front and Rear Panel Format Finally, it provides uniform information Commission proposes two changes to Under the proposed rule, the front that online sellers would be able to use the labeling requirements. First, the panel displays brightness in the form of to comply with the catalog disclosure amended rule would remove mandatory lumens and energy information in the requirements (section 305.20). wattage information from the front of form of annual energy cost. Brightness The Commission considered requiring the package, while maintaining a and energy information warrant only a Lighting Facts label (with no prominent lumens disclosure. This placement on the front panel because required disclosures on the front of the change should help consumers focus on both are particularly important to package). In the FTC label study, lumens, instead of watts, to determine consumers. Participants in the FTC however, the label variation which light output. A less prominent wattage focus group identified ‘‘brightness’’ as contained only the Lighting Facts label disclosure would appear on the Lighting the most important bulb attribute.29 In did not perform as well as two-panel Facts label for consumers and the FTC label study, respondents gave variations in aiding respondents to professionals who want to know the high scores to the importance of answer questions regarding light wattage of a bulb. Second, the proposed brightness as well as energy output.33 amendments change the term describing information.30 Similarly, the NRCan The Commission seeks comment on lumens from ‘‘light output’’ to research indicated that the ‘‘two top whether the rule should require a front ‘‘brightness.’’36 Both the FTC focus pieces of information people look for on and back label format as proposed. The group and NRCan research suggest that light bulb packaging are brightness and Commission also seeks comment on consumers prefer the term ‘‘brightness’’ energy usage or efficiency.’’31 The whether the Lighting Facts label will fit to ‘‘light output,’’37 and participants at prominent disclosure of these two key on existing packages and whether the the FTC’s Roundtable routinely used the pieces of information on the front panel FTC needs to specify an alternative term ‘‘brightness’’ when describing the should allow consumers to make quick format for packages that are too small light output of lamps.38 comparisons in the store. for the proposed label. In addition to these labeling changes, the Commission recommends education The rear or side panel features a more 2. Required Package Disclosures detailed Lighting Facts label similar in efforts to help consumers understand format to the ‘‘Nutrition Facts’’ and The proposed amendments require six how to use lumens. When properly mandatory disclosures on the package: ‘‘Drug Facts’’ labels required by the understood, lumens permit consumers brightness, energy cost, bulb life, color Food and Drug Administration. Each of to determine whether a bulb provides temperature (appearance), wattage, and, these proposed disclosures is discussed sufficient light to meet their needs in some cases, voltage and mercury in detail in Section B.2. To ensure across technologies. The DOE-led information. uniformity, the proposed rule limits the consumer education programs required permissible disclosures on the Lighting a. Brightness/Light Output by section 321(c)(1)(C) of EISA provide Facts label. an opportunity to improve consumer Two significant problems with the understanding of lumens, and the FTC The Lighting Facts label has several current labeling requirements shaped benefits.32 First, it provides a format plans to work with DOE as it the Commission’s approach to light implements these programs. In addition, consistent with other government output disclosures. First, as discussed in mandated labels, which should help the FTC may develop its own consumer section V, the current label highlights education materials and strategies. consumers find information to compare bulb wattage on the front of the package bulbs. Second, the label reinforces the as an energy descriptor, but consumers 35 NRCan Lighting Survey Combined Executive brightness and cost information on the tend to use it to measure light output. Summary at 17. The NRCan focus group report front of the package, including detail Second, many consumers do not indicated that ‘‘quite a few’’ participants ‘‘said they understand that lumens provides a were not sure what ‘light output’ means.’’ Lighting 29 FTC Focus Group Report at 6. Research Focus Groups Final Report, Sage Research consistent measurement of light output. Corporation (for NRCan and the Canadian Electrical 30 Respondents in the FTC label study also For example, in the FTC label study, Association), May 20, 2009 (‘‘NRCan Focus Group scored bulb life high in terms of importance. Report’’) at 22. However, the Canadian research indicated that even when provided with lumens 36 The Commission recognizes that the technical consumers refer to bulb life only ‘‘on occasion’’ information, roughly one-fifth of term to describe a light source’s lumen output is when buying light bulbs and ranked life below respondents mistakenly chose the ‘‘luminous flux,’’ not ‘‘brightness’’ (or even ‘‘light brightness and energy efficiency as a descriptor that dimmest bulb when asked to choose the output’’). However, this technical distinction is ‘‘must’’ appear on the label. NRCan Lighting Survey 34 unlikely to be material to consumers. at 13. Given the contradictory research results and brightest model. Similarly, the 37 FTC Focus Group Report at 3; and NRCan the need to minimize disclosures on the front majority of respondents in the NRCan Lighting Survey at 17. The FTC Focus Group Report package, the Commission proposes to require life concluded that: ‘‘All respondents agreed that information on the Lighting Facts label, but not on 33 Question 201 asked respondents to choose the ‘Brightness’ was a far superior communication than the package front. bulb that would fill their room with as much light ‘Light Output.’ ‘Brightness’ was direct, easy to 31 NRCan Lighting Survey at 13. When asked as possible. Question 202 asked them to give their understand, and most importantly, the word what information must appear on the label, the second choice. Of respondents who viewed the respondents already use when referring to this Canadian opinion survey results indicated an 83% Lighting Facts label only, 52.56% and 39.49% attribute.’’ The NRCan survey report recommended response rate for brightness, 74% for energy correctly answered Questions 201 and 202, that lumen disclosures be prefaced with a widely efficiency, and 69% for bulb life. respectively; whereas 66.17% and 53.17% of understood term such as ‘‘brightness.’’ The NRCan 32 ‘‘Lighting Facts’’ is a trademark held by the respondents who viewed two panel label formats focus group indicated that several participants U.S. Government through the DOE solid-state correctly answered the questions, respectively. See stated that they would have paid more attention to lighting program. During the Roundtable and in Consumer Research Supplement at 357. package information it if had been labeled comments, several commenters suggested a uniform 34 In Question 201, 17.9% of all respondents ‘‘brightness’’ because that is a much more familiar label consistent with the ‘‘Nutrition Facts.’’ See, chose the dimmest bulb when asked to choose the term. NRCan Focus Group Report at 22. e.g., Roundtable Tr. at 107, 108, 120, and 121; bulb that would fill their room with the most light. 38 See, e.g., Roundtable Tr. at 32, 35, 41, 67, and Philips #536795-00015. See Consumer Research Supplement at 89. 121.
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The Commission also considered improving the environment by using disclosure that actual cost depends on a whether to require watt equivalence less energy, or both. The current rule consumer’s electricity rates and usage. information to help consumers compare provides energy information to The Commission has decided to the light output of high efficiency bulbs consumers in the form of watts. propose requiring annual energy cost for to incandescent bulbs. Manufacturers However, the FTC looked for an three reasons. First, estimated annual routinely communicate light output on alternative because of consumers’ energy cost provides a simple way to CFL packages by providing conspicuous tendency to equate watts with comparisons to incandescent lamps convey how much energy a bulb is brightness. 44 (e.g., ‘‘this bulb is a ‘100-watt’ Commenters suggested three likely to use. In essence, the equivalent’’ or ‘‘13W=60W’’).39 alternatives: annual energy cost, lumens disclosure is a conversion of wattage to Although both industry practice and the per watt, and a five-star rating system.42 the amount of money the bulb costs to NRCan research suggest that watt In general, annual energy cost is a operate in a year. Second, in the label equivalence information aids consumers measure of energy use while lumens per study, compared to the five-star rating in understanding the brightness of high watt and the star rating are measures of and the lumens per watt disclosure, efficiency bulbs,40 the proposed rule energy efficiency (i.e., energy the energy cost information performed well does not require such information for product uses for a given light output). in enabling respondents to answer two reasons. First, watt-equivalence More specifically, annual energy cost energy questions correctly.45 information is likely to become much communicates a bulb’s energy use by Specifically, for questions asking less important as the new DOE energy converting watts to dollars per year respondents to pick the bulb that used standards render most incandescent based on a given electricity rate and the least (or, for some questions, most) bulbs obsolete. Indeed, by the time any daily usage estimate; lumens per watt energy, the energy cost descriptor new FTC labeling rules become communicates a bulb’s energy efficiency somewhat outperformed the five-star effective, the DOE standards eliminating by providing the number of lumens the rating and substantially outperformed traditional low efficiency incandescent bulb produces for a single watt of the lumens per watt disclosure.46 For bulbs will be close at hand. Second, energy; and the five-star system most questions asking respondents to mandatory wattage equivalence communicates the energy efficiency of pick the most energy efficient bulb, information could perpetuate consumer the bulb by assigning a star rating (e.g., energy cost performed as well as the reliance on outdated incandescent watt three stars) to a bulb’s energy efficiency information and hinder their transition (as measured in lumens per watt). The 41 Commission’s approach on the EnergyGuide label to using lumens. FTC consumer research explored each (16 CFR 305.10), the Commission would change the of these approaches in conjunction with b. Energy Use/Efficiency cost rate every five years based on DOE data. This the ENERGY STAR logo, which also approach minimizes label changes while ensuring As discussed in Section VI.b.1., a communicates energy efficiency that cost information is based on a reasonable bulb’s energy information is important estimate of national average electricity costs. information. However, as with appliance labeling, the to consumers whether they are After considering the research results Commission may revisit the energy cost estimate concerned about their electricity bills, and the comments, the Commission sooner than five years should such costs change proposes to require annual energy cost significantly. 39 Several comments recommend that the FTC as the primary energy disclosure on the 44 The NRCan Focus Group Report stated that require watt-equivalence information on the label. ‘‘some participants liked the idea of expressing See, e.g., CEE (#536795-00011), NRDC (#536795- front package panel and on the rear (or energy usage in terms of operating cost per year, as 00003), and ACEEE (#536795-00012). In addition, side panel) Lighting Facts label. they felt dollar figures are tangible, easily NRDC urged the Commission to set standards for Specifically, the proposed rule would understood, and motivating.’’ NRCan Focus Group watt equivalence claims. NRDC (#536795-0003). require that the front panel display Report at 8. NRDC also suggested the creation of categories ‘‘estimated energy cost’’ in an annual 45 Respondents in the label study who viewed similar to batteries (such as A, AAA, C, etc.), to watts were somewhat more likely to answer describe light output. Roundtable Tr. at 29 dollar figure (e.g., $7.49 per year). The correctly most energy-related questions in the FTC (Horowitz). However, the Commission believes it is proposed Lighting Facts label also labeling study (Questions 213, 213.1, 214, 214.1, better to focus on educating consumers about provides this information with rate and 215, 216, and 216.1) than respondents who viewed lumens, a descriptor that already exists and may other energy descriptors. See Consumer Research have some consumer recognition, rather than to usage assumptions (i.e., 3 hours per day 43 Supplement at 360-362. However, the proposed rule create an entirely new system. and 11.4 cents per kWh), and a does not require such information on the front of 40 NRCan Lighting Survey at 13. In the FTC label the package because of the significant confusion it study, wattage equivalent information included on 42 See sample labels from Philips, GE, OSRAM, causes related to light output as discussed in the Lighting Facts labels did not make a difference and NRDC at (http://www.ftc.gov/bcp/workshops/ Section IV.A.2.b. The proposed rule retains a less in respondents’ ability to choose the brightest bulb. lamp/index.shtml). See also, e.g., EPA comments prominent watts disclosure on the Lighting Facts The study, however, did not explore whether such (#536795-00006), NRDC comments (suggesting five label because such precise wattage information may information helped consumers relate CFL star system and energy cost) (#536795-00003), and be important to some consumers. brightness to their experience with the wattage (and NEMA (suggesting energy cost) (#536795-00007). 46 Two questions (213 and 215) asked associated brightness) of incandescent bulbs. Some comments also suggested consideration of respondents to view three bulbs and choose the one 41 The Commission expects that, in the short lifetime cost (see, e.g., NEMA (#536795-00007). that used the least amount of energy. In Question term, manufacturers will continue to make watt However, the Commission has not explored lifetime 213, the percentage of respondents who answered equivalence representations voluntarily. As the cost in detail because the tremendous variability of the question correctly, grouped by front-panel market rapidly changes over the next few years, bulb life makes it a confusing descriptor. For energy descriptor, were: energy cost (74.5%); stars manufacturers can adjust such voluntary example, an efficient bulb that lasts 20 years and (69.94%); and lumens per watt (50.62%). For representations to evolving consumer costs $1 per year to operate would have a lifetime Question 215, the results were: energy cost (79.9%); understanding and reevaluate the need for watt cost of $20 whereas a lower efficiency bulb that last stars (70.42%); and lumens per watt (41.71%). Two equivalence disclosures with greater flexibility than 2 years and costs $2 per year to run would have other questions (214 and 216) asked respondents to the Commission can through rulemaking. a lifetime cost of $4. The labels in this scenario view three bulbs and choose the one that used the Nevertheless, to avoid consumer confusion, when could lead consumers to choose the lower most energy. In Question 214, the percentage of making such claims manufacturers should ensure efficiency bulb simply because the cost printed on respondents who answered the question correctly, that the incandescent bulb they are comparing is its label is lower. grouped by front-panel energy descriptor, were: similar to the CFL (or LED) they are selling not only 43 The general consensus at the Roundtable was energy cost (71.83%); stars (67.58%); and lumens in brightness, but also in other material respects that 3 hours per day was a reasonable figure to use per watt (47.68%). For Question 216, the results such as bulb type and color appearance. for such estimates. Roundtable Tr. at 54. The were: energy cost (71.61%); stars (68.34%); and Manufacturers, of course, must also substantiate all electricity cost figure is based on 2009 DOE data. lumens per watt (48.91%). See Consumer Research other material claims they make about the product. See 74 FR 26675 (June 3, 2009). Consistent with the Supplement at 363-366.
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five-star rating and substantially better however, is a common efficiency metric reliability.51 Third, the five-star system than lumens per watt.47 used in the lighting industry and serves potentially would create confusion over Third, unlike efficiency ratings, an as the yardstick for the DOE efficiency time as bulb technology changes. For energy cost disclosure should help standards and for performance criteria instance, after 2012, the FTC would consumers avoid buying bulbs that are in the ENERGY STAR program. It also have to reconfigure the star levels as brighter than necessary. In many cases, appears on the existing Lighting Facts inefficient incandescent bulbs leave the a higher energy efficiency rating for a label developed by DOE under its LED market, which could confuse particular bulb equates to lower energy program. Therefore, the Commission consumers. Finally, the five-star system costs or energy use - but not always. For seeks comment on whether lumens per may raise problems in terms of its example, a bright bulb with a high watt should appear as an energy interaction with ENERGY STAR. efficiency rating may cost much more to descriptor on the Lighting Facts label Specifically, respondents viewing the operate than a dimmer bulb with a either as a mandatory or voluntary five-star label were more likely to 48 lower efficiency rating. Thus, reliance disclosure. identify incorrectly a bulb as ENERGY on efficiency information alone may STAR qualified even when the question lead consumers, in some cases, to The Commission also is not proposing displayed no bulbs with the ENERGY purchase bulbs that are brighter than to include a five-star rating system on STAR logo.52 Given these issues, the needed and thus use more energy and the Lighting Facts Label even though the Commission sees no compelling need to pay more money than necessary. The FTC’s research suggests some benefits to create a five level energy efficiency annual energy cost descriptor helps this approach. Specifically, respondents rating system.53 avoid this problem. viewing this descriptor were somewhat The proposed rule also allows more likely to spend more for a higher c. Life manufacturers to place the ENERGY efficiency bulb; in addition, all Bulb life information helps consumers STAR logo on the Lighting Facts label respondents scored this descriptor ’s compare the value of competing bulbs. if the product meets ENERGY STAR usefulness and trustworthiness For instance, if two bulbs have the same criteria. This approach is consistent somewhat higher than other purchase price and energy use, the with the EnergyGuide label for descriptors.50 However, four problems longer lasting bulb provides a better appliances and allows manufacturers to with the five-star rating system value. Bulb life information also helps place relevant information about the outweigh these benefits. First, the star- 49 consumers reduce the time spent product in one place. system did not perform better than replacing bulbs, particularly those The Commission is not proposing to energy cost in helping consumers located in remote areas. The current rule require lumens per watt on the Lighting answer the energy questions in the label (§ 305.15(b)) requires bulb life to be Facts label. As discussed above, in the study. Second, the star system may have expressed in hours. However, several FTC label study, respondents viewing a greater tendency inadvertently to lumens per watt information were less communicate quality information. 51 Likewise, when asked to identify the most likely to provide correct answers to Specifically, in the label study, reliable bulb (Question 701), respondents who most energy use and efficiency respondents viewing the five-star label viewed the star descriptor on the front panel were questions (e.g., accurately pick the most somewhat less likely than respondents who viewed were somewhat more likely than other other energy descriptors to provide correct efficient bulb) than respondents viewing respondents to say one bulb was more the other energy descriptors. responses, which were ‘‘can’t tell’’ or ‘‘not sure.’’ reliable than the others, even though the The percentages of respondents who correctly Additionally, as discussed above, label did not contain information about answered Question 701, grouped by front-panel lumens per watt information could lead energy descriptor, were: energy cost (29.36%), consumers to choose bulbs that are lumens per watt (26.16%), and stars (21.83%). See 50 brighter than needed. Lumens per watt, In the FTC label study, respondents answered Consumer Research Supplement at 376. questions about whether they would be willing to 52 Question 403 asked respondents to review pay more for a higher efficiency bulb of similar three bulb labels and identify the ENERGY STAR 47 For example, Question 213.1 asked brightness (Questions 217). The percentages of models. None of the models, however, displayed respondents to view three bulbs and choose the respondents willing to pay more, grouped by energy the ENERGY STAR logo. The rates at which most energy efficient one. The percentage of descriptor, were: stars (73.16%); energy cost respondents mistakenly identified at least one of respondents who answered that question correctly, (68.65%); watts (66.57%); and lumens per watt the bulbs as an ENERGY STAR were as follows, as grouped by front-panel descriptor, were: stars (65.02%). See Consumer Research Supplement at grouped by front panel: stars (48.87%); energy cost (81.66%); energy cost (81.09%); and lumens per 372-373. (37.59%); and lumens per watt (37.44%). There watt (63.22%). Both Questions 214.1 and 216.1 The questionnaire also asked respondents who were no significant differences in correct responses, asked respondents to choose the least efficient bulb indicated they would pay more how much they however, between stars and other treatments when (though each question displayed a different set of would pay for the higher efficiency bulb (Question the ENERGY STAR logo appeared on bulbs bulbs). The percentage of respondents who 218). Even though the more efficient bulb could (Question 402). See Consumer Research answered Question 214.1 correctly were: energy save over $6.00 in energy cost during the first year, Supplement at 374-375. cost (77.17%); stars (76.28%); and lumens per watt and about $140 over the entire life of the bulb, the 53 This conclusion is consistent with prior (57.91%). For Question 216.1, the results were: stars average price that all subjects in the various Commission consideration of the five-star rating in (80.25%); energy cost (78.02%); and lumens per treatment groups were willing to pay were as the context of EnergyGuide labels for appliances. 72 watt (63.51%). The differences between the cost follows, as grouped by front-panel energy FR 6836, 6844-6846 (Feb. 13, 2007). At that time, and star descriptor results, however, are not descriptor: star ($2.92); energy cost ($2.58); lumens the Commission concluded that the FTC label statistically significant. See Consumer Research per watt ($2.42); and watts ($2.16). The difference should complement, not detract from, the ENERGY Supplement at 367-371. between the star ($2.92) and energy cost ($2.58) STAR program. The Commission explained that the 48 For example, compare the characteristics of willingness-to-pay numbers is not statistically combination of the FTC label and the ENERGY high efficiency bulb ‘‘A’’ to lower efficiency bulb significant. See Consumer Research Supplement at STAR program appears to provide a sound ‘‘B’’. Bulb A= 1750 lumens, 26 watts, 67 lumens per 377-378. framework for conveying energy information to watt, and $3.25 per year (assuming 11.4 cents per Respondents also scored the ‘‘usefulness’’ of consumers and promoting energy efficiency. The kWh) and Bulb B= 825 lumens, 13 watts, 63 lumens various energy descriptors (Question 220b) on a 1 FTC label displays detailed energy information per watt, and $1.62. Therefore, bulb ‘‘A’’ has a to 10 scale. The average scores were: stars (8.69); about all products regardless of energy efficiency. higher efficiency rating in lumens per watt but uses energy cost (8.53); and lumens per watt (8.21). ENERGY STAR provides the U.S. Government’s more energy and thus costs more to operate. Additionally, on average, respondents scored the imprimatur for high efficiency products. This 49 Manufacturers would continue to have the ‘‘trustworthiness’’ of the same information system, as a whole, provides a robust source of discretion to place the ENERGY STAR logo (Question 220c) as follows: stars (8.04); lumens per energy efficiency information to consumers. The elsewhere on the package consistent with EPA’s watt (7.80); and energy cost (7.60). See Consumer consumer research on light bulb labeling reinforces criteria. Research Supplement at 379-380. these earlier findings.
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commenters urged the Commission to growing importance of color appearance descriptors, a scale provides both an consider requiring bulb life in years.54 and suggested the FTC include on the empirical Kelvin measurement that In the label study, consumers label a uniform method of consumers can use to compare bulbs correctly identified longer lasting bulbs communicating color temperature. across technologies, as well as whether life was expressed in years or Specifically, some commenters information about whether that Kelvin hours. However, when asked about the suggested the label require a consistent rating is associated with a ‘‘warmer’’ or usefulness of life information (Question set of terms for conveying color ‘‘cooler’’ appearance. Manufacturers 208b), respondents showed a slight temperature (e.g., ‘‘soft white’’ or would have the discretion to non- preference for life in years (8.74) over ‘‘daylight’’) (DOE (#536795-00001) and deceptively supplement the required life in hours (8.31). In addition, the NRDC (#536795-00003).57 Others urged scale with word descriptors elsewhere NRCan research noted that consumers consideration of a graphical approach on the package or in other marketing. ‘‘find it difficult to relate stated numbers for color temperature such as a range The Commission proposes a black and of hours to actual experience of bulb (GE (#536795-00005) or the color scale white warm-cool scale, instead of a life’’ (NRCan Labeling Survey at 14). system considered in earlier research color scale, because the former holds Therefore, the Commission is proposing 58 funded by DOE and EPA. Accordingly, down costs.61 The color scale, however, to require a ‘‘life in years’’ disclosure on the Commission explored three performed somewhat better in the label the Lighting Facts label based on a usage approaches for communicating color study.62 Therefore, the Commission rate of three hours per day. temperature: a word descriptor (e.g., soft seeks comment on whether the FTC d. Color Appearance white and daylight), a simple ‘‘warm- should require a scale printed in color, cool’’ black and white scale, and a color including any benefits of a color scale Some bulbs have a warm appearance 59 scale consisting of six colored boxes. and any costs or other burdens while others have a cooler appearance. After considering these approaches, Different color appearances are associated with a color scale, the Commission proposes to require a particularly for small manufacturers. scientifically expressed as correlated black and white warm-cool scale with a color temperature (‘‘CCT’’).55 While The Commission also seeks comment on Kelvin number on the Lighting Facts whether the label should use the term many consumers are unfamiliar with Label. In the FTC label study, a scale color appearance, it may become a more ‘‘Light Appearance’’ on the label instead performed somewhat better than word of ‘‘Color Appearance’’ to minimize the important factor for consumers as new descriptors.60 Moreover, unlike word products with a wide variety of color possibility that consumers will interpret the label to convey information about temperatures increasingly become average assigned color appearance a score of 7.6 on available.56 Several comments noted the a 10 point scale designed to rate the importance of colored lights (e.g., red, green, etc.). particular light bulb attributes (0 = not important; 54 See, e.g., NEMA (#536795-00007); Philips 10 = very important) (Question 211). This suggests communicating color appearance information, (#536795-00015); and GE (#540385-00005). that, once consumers become aware of color 48.30% and 43.89% correctly answered Questions Roundtable participants appeared to be comfortable appearance, it is an important issue. 209 and 210, respectively; whereas 30.58% and with using 3 hours as a usage pattern for expressing 57 It is common for bulb packages to provide 34.47% of respondents who viewed the color life in years. Roundtable Tr. at 54. various descriptions of color temperature or appearance word descriptor on the front panel 55 Light color measurements, expressed in Kelvin appearance on their packages and in marketing correctly answered Questions 209 and 210, (‘‘K’’), range generally from 2700K to 6500K. A bulb materials, such as ‘‘soft white,’’ ‘‘cool white,’’ and respectively. See Consumer Research Supplement with lower kelvin numbers (e.g., 2700K or 3000K) ‘‘daylight.’’ at 358. produces light that has a yellowish appearance, 58 See Leslie, R., and Rea, M., ‘‘A System for 61 Because there is no test procedure in DOE’s such as light provided by traditional incandescent Communicating Color: What Do Consumers Think,’’ regulations for measuring color temperature, the bulbs. Bulbs with higher Kelvin numbers produce Lighting Research Center, Rensselaer Polytechnical proposed rule requires manufacturers to light that is whiter (e.g., 4100K) or blueish (e.g., Institute (http://www.lrc.rpi.edu/programs/lighting substantiate their CCT and color appearance claims 6500K). Transformation/colorCommunication/pdf/whatDo with competent and reliable evidence. Should DOE 56 The research results suggest that consumers ConsumersThink.pdf). publish applicable test procedures in the future, the are generally unfamiliar with color temperature. For 59 In the label study, respondents viewed three Commission will consider amending its rules. example, the FTC’s focus group indicated there was photographs of a table lamp, each displaying a bulb 62 Of respondents who viewed the color scale on little awareness of ‘‘color’’ among respondents. with a different color temperature. The the front panel, 53.4% and 48.58% correctly And, according to the focus group report, questionnaire then asked respondents to pick the answered Questions 209 and 210 (questions related respondents ‘‘had no idea of how light color was bulb label that would provide the light displayed to color appearance), respectively; whereas 46.84% measured’’ and were largely unfamiliar with the in each photograph. and 42.54% of respondents who viewed the black term ‘‘color temperature’’ and entirely unfamiliar 60 Questions 209 and 210 asked respondents to and white warm-cool scale on the front panel with the Kelvin scale. FTC Focus Group Report at match the color appearance of several photographs correctly answered Questions 209 and 210, 3. However, after exposure to color appearance to specific labels bearing color appearance respectively. See Consumer Research Supplement concepts in the FTC label study, respondents on information. Of respondents who viewed a scale at 359.
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Figure 3 when the bulbs are intact (not broken) containing mercury.68 The proposed Proposed (Left) and Alternative (Right) or in use, but they can release mercury language would appear on the Lighting Color Appearance Scales63 vapor, and thus create environmental Facts label (see Figure 4) as follows: concerns, if they break after being ‘‘Contains Mercury: Manage in e. Voltage dropped, roughly handled, or disposed accordance with local, state, and federal Voltage is a measure of the of improperly.66 Therefore, two disposal laws. For more information see electromotive force of electricity and commenters urged the FTC to consider epa.gov/bulbrecycling or call 1-800- can affect the operation of a light bulb.64 requiring mercury disclosures for CFL XXX-XXXX. Hg [encircled].’’ This For instance, for a given bulb, the higher bulbs. GE (#540385-00002) wrote that ‘‘a language is consistent with disclosures that already appear on many packages the voltage, the higher the light output uniform national approach is needed for as a result of existing ENERGY STAR in lumens, the higher the wattage, and mercury content labeling’’ and the FTC the shorter the life. In the U.S. criteria and language recommended by should consider a consistent notice that NEMA to its members.69 Accordingly, residential market, the voltage provided would clearly convey mercury content. by electric utilities for lighting purposes the Commission expects that most NEMA (#540385-00005) also manufacturers already provide is primarily 120 volts. As a result, under encouraged the FTC to require a the current rule, manufacturers do not information about mercury on their nationwide mercury label and suggested packages. In addition, as detailed in have to disclose the design voltage of a that the FTC require the disclosure subsection C below, the proposed bulb unless it is other than 120. NEMA recommends for its members amendments require a shorter mercury No comments urged the FTC to (i.e., the symbol ‘‘Hg,’’ a statement such disclosure on the bulbs themselves to amend this approach. Accordingly, the as ‘‘Manage in accordance with disposal help consumers properly dispose of amendments would maintain the laws,’’ and a link to NEMA’s website CFLs. current rule’s requirements. If the ‘‘www.lamprecycle.org’’).67 NEMA Unlike NEMA’s disclosure, which manufacturer must disclose voltage uses the website www.lamprecycle.org, under the rule, because it is not 120, it noted that their disclosure is consistent with state requirements. the proposed FTC language directs must do so on the Lighting Facts panel. consumers to EPA’s website and EPA’s For 120 volt bulbs for which no voltage Given the mercury content of CFLs, it telephone hotline. This link would disclosure is required, manufacturers is important for consumers to have ensure that the disclosure leads may disclose voltage voluntarily access to information about proper consumers to information provided by elsewhere on the package. The disposal and handling of these products. the U.S. government. Such an approach Commission seeks comment on whether Thus, the Commission proposes is consistent with the FTC’s alternative the voluntary disclosure of 120 volts requiring disclosures for light bulbs fuel vehicle label which directs also should be permitted on the Lighting Facts label. disposal. See (http://www.epa.gov/epawaste/ 68 The EISA amendments provided the f. Mercury Disclosure hazard/wastetypes/universal/lamps/basic.htm). Commission with general authority to consider 66 EPA provides consumers with ‘‘alternative labeling approaches that will help Mercury is an essential component of recommendations for cleaning up and disposing of consumers to understand new high efficiency lamp broken bulbs to help minimize any exposure to products’’ including CFLs. See 42 U.S.C. compact fluorescent light bulbs 6294(a)(2)(D)(iii)(I)(bb). 65 released mercury vapor. It also encourages (CFLs). CFLs do not release mercury consumers to recycle burned out fluorescent bulbs 69 ENERGY STAR, which covers a large majority rather than dispose of them in regular household of CFLs in the market, requires all participating 63 Color versions of these graphics are available trash. According to EPA, ‘‘[r]ecycling of burned out manufacturers to label their packages with: at www.ftc.gov/energy. CFLs is one of the best ways to help prevent the (1) the symbol ‘‘Hg’’ within a circle; 64 See discussion at 59 FR 25184 (May 13, 1994). release of mercury to the environment by keeping (2) ‘‘Lamp Contains Mercury’’; and 65 Although lighting manufacturers have greatly mercury out of landfills and incinerators.’’ See (3) (www.epa.gov/bulbrecycling). ENERGY STAR reduced the amount of mercury used in CFLs over (http://epa.gov/mercury/consumerinfo.htm#cfl). provides manufacturers the option of using the past 20 years, they have not eliminated it. 67 See, NEMA, ‘‘The Labeling of Mercury (www.lamprecycle.org) instead of the EPA website. Currently, on average, CFLs contain about 5 Containing Lamps, October 2004,’’ (http://www. NEMA recommends that its members use the milligrams or about 1/100th of the amount of nema.org/gov/env_conscious_design/lamps/ following language: ‘‘Hg - LAMP CONTAINS mercury found in a mercury fever thermometer. upload/Labeling%20White%20Paper%20Final MERCURY; MANAGE IN ACCORD WITH Therefore, CFLs can affect the environment during %2010%2004-2.pdf). DISPOSAL LAWS; See (www.lamprecycle.org).’’
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consumers to EPA’s website for rule to be as consistent with state inconsistencies exist between the information on vehicle emissions.70 requirements for mercury disclosure as proposed disclosure and existing state Finally, the Commission notes that possible. Therefore, the Commission requirements, the Commission seeks several states have issued mercury seeks comment on the impact of the comment on whether, how, and why the disclosure requirements. The proposed labeling on existing state Commission should address such Commission intends for the proposed requirements. Further, if any inconsistencies.
Figure 4 requirements for cost and life-related 4. Total Lifecycle Cost (Not Proposed for claims made by manufacturers.72 Label) Lighting Facts with Mercury Disclosure After considering these comments, the The EISA amendments directed the 3. Affirmative Disclosures for Energy Commission is not proposing to require Commission to consider total lifecycle Cost and Life Claims on Package uniform cost and life-related cost disclosures in developing assumptions because it does not appear 75 The Commission is concerned that alternative labeling approaches. After that such claims would be deceptive in consumer confusion and deception consideration, the Commission has all cases. However, the proposed rule73 could arise from voluntary claims on decided not to propose such a requires manufacturers that make any bulb packages about energy cost savings requirement. Several participants at the energy cost-related claim based on an Roundtable suggested that the numerous and life that are based on different electricity rate or usage rate other than assumptions than those used for the potential criteria related to assessing the rate required on the Lighting Facts lifecycle cost make attaining an required disclosures. In particular, if the label to make an equally conspicuous accurate, uniform measurement assumptions behind an energy cost- disclosure calculated using the required problematic at this time. For example, related claim are different from those electricity rate.74 This approach should one participant explained that different used for the Lighting Facts label, ensure that consumers can easily retail prices, alone, severely impede any consumers may have difficulty compare voluntary energy cost-related effort to accurately communicate a comparing claims across products. For claims across products. The same useful disclosure of total lifecycle cost instance, if a manufacturer makes an rationale also applies to life claims. (Roundtable Tr., Horowitz at 50). energy saving claim using a significantly Specifically, if a manufacturer provides Another participant explained that higher electricity rate than the rate used any life claim based on an annual usage differences in disposal costs similarly for the mandatory energy cost rate other than the rate required on the hamper efforts to present an accurate disclosures, consumers may be confused label, the manufacturer also must measurement.76 Given these concerns or even misled regarding the energy provide, equally conspicuously, the and the absence of comments urging the performance of that bulb.71 To address bulb life calculated with the usage rate Commission to explore this issue in this concern, some commenters urged required on the Lighting Facts label (i.e., detail, the proposed amendments do not the Commission to create uniform 3 hours per day). require total lifecycle cost disclosures
70 See 16 CFR Part 309 (Appendix A, Figure 4). 72 See, e.g., NEMA #536795-00007 and NRDC approach for mileage claims based on non-EPA test 71 The current rule (section 350.14(b)(4)) already #536795-00003. procedures. See 16 CFR 259.2(c). contains a provision that requires manufacturers to 73 Proposed section 305.15(c)(4). 75 See 42 U.S.C. 6294(a)(2)(D)(iii)(I)(bb). disclose the assumptions upon which any operating 74 The FTC’s Guide Concerning Fuel Economy 76 Roundtable Tr. 58 (Karney); see also cost claim is based, including, for example, purchase price, unit cost of electricity, hours of use, Advertising for New Automobiles follows a similar Roundtable Tr. at 59 and NEMA Comments. and patterns of use.
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on the label. However, if manufacturers returning to the store to replace a burden, the proposed rule requires these and other sellers make advertising burned out bulb.’’ reports beginning in 2012 to coincide claims related to lifecycle costs, they The Commission agrees that having with the effective date of DOE standards must have competent and reliable lumens information on the bulb should (which will require the same testing). scientific evidence to support such help consumers in purchasing The reports will be due on March 1 of claims. appropriate replacement bulbs. It also each year. should reinforce the importance of The Commission seeks comments on 5. Color Rendering Index (Not Proposed lumens as the key measure of light whether the specific reporting for Label) output for high efficiency bulbs. requirements, which are currently The color rendering index (‘‘CRI’’) Because bulbs already typically display stayed, should be modified. The current measures how the colors of an object information such as watts, the addition rule indicates that annual reports for look when the object is illuminated by of lumens should not impose a CFLs and incandescent lamps should a particular bulb using a rating of 0 to significant burden on manufacturers so include: (1) the name and address of the 100.77 A standard incandescent bulb has long as they are given sufficient time to manufacturer; (2) all trade names under a CRI of 100. In the ANPR and at the implement such changes. Therefore, the which the lamps are marketed; (3) the Roundtable, the FTC sought comments proposed rule requires that bulbs be model or other identification numbers; about the inclusion of CRI on the labeled with lumens. (4) the starting serial number, date code, required labels. Commenters explained As discussed above, the proposed rule or other means of identifying the date of there is no need for mandatory CRI also requires manufacturers of mercury- manufacture (date of manufacture disclosures because EISA sets a containing lamps to print somewhere on information must be included only with minimum CRI standard of 80 for all the product itself the following the first submission for each basic bulbs beginning in 2012 and information: ‘‘Contains MERCURY. See model or type); and (5) the test results distinctions between the CRIs of bulbs epa.gov/bulbrecycling or 1-800-XXX- for the wattage and light output ratings at such high ratings are not significant XXXX.’’ Because it is highly unlikely of each lamp model or type, and for enough to warrant mandatory consumers will have the package each model or type of covered disclosures.78 Therefore, the available to them when a bulb burns fluorescent lamp, test results for the Commission is not proposing to require out, mercury information on the bulb color rendering index, measured such a disclosure, but seeks comment itself will be useful to them at the time according to the DOE test procedure.83 on whether the rule should allow of disposal.80 The Commission seeks manufacturers to place CRI information comment on these proposals. E. Website and Paper Catalog on the proposed Lighting Facts label.79 Requirements D. Reporting Requirements The Commission seeks comment on Section 305.20 of the current rule what benefits and costs such voluntary EPCA indicates that each requires any manufacturer, distributor, information would provide to manufacturer of a labeled product ‘‘shall retailer, or private labeler who consumers, as well as on whether annually, at a time specified by the advertises a covered product in a consumers will understand its meaning. Commission,’’ supply to the catalog, including a website that Commission relevant data respecting qualifies as a catalog, to disclose energy C. Product Labeling energy consumption or water use information about the product to In addition to the proposed package developed in accordance with consumers. For lamp products, the labeling requirements, some ‘‘applicable DOE test procedures.’’81 current rule (section 305.20(c)) requires commenters suggested that the FTC The Commission’s current rule does catalog sellers to disclose the require manufacturers to include light not require such reporting because the information that is required on the output on the bulb itself. For example, Commission stayed the reporting package label (except for the number of NRDC (#536795-00003) explained that requirement (section 305.8) for lighting units in the package).84 ‘‘[p]utting the light output directly on products in 1994 due to the absence of The proposed rule requires website the bulb will help the consumer when a DOE test procedure. See 59 FR 25176, and paper catalog sellers to disclose the they need to replace the existing bulb 25201-25202 (May 13, 1994). Since same information that appears on the when it fails.’’ NRDC also indicated that then, DOE has issued test procedures for proposed Lighting Facts label.85 This manufacturers already disclose a bulb’s general service incandescent lamps and requirement should ensure that online energy use in watts on the glass and that medium base compact fluorescent consumers have the same information it should not be difficult also to include lamps (see 10 CFR Subpart B, App. R available in stores. To encourage lumens information. Similarly, Energy and W). Accordingly, the Commission uniform disclosures and reduce burden Solutions (#536795-00010) stated that now proposes requiring energy data on catalog sellers, the proposed rule lumens information on the bulb will reporting for CFL and incandescent would allow catalog sellers to comply ‘‘ensure that consumers can find a lighting products.82 To minimize product of equivalent light output when 83 The DOE tests currently do not include 80 The FTC’s current labeling requirements apply procedures for measuring correlated color 77 Under the current law (EPCA), the term ‘‘color to the bulb package and not the product itself (see temperature. Therefore, consistent with 42 rendering index’’ or ‘‘CRI’’ means ‘‘the measure of 42 U.S.C. 6294(a)(2)(C)). In passing EISA, however, U.S.C.6296(b), the proposed rule would not require the degree of color shift objects undergo when Congress directed the Commission to consider reporting for such information. illuminated by a light source as compared with the ‘‘alternative labeling approaches.’’ This broad 84 EPCA indicates that catalogs must ‘‘contain all color of those same objects when illuminated by a directive provides the Commission with authority information required to be displayed on the label, reference source of comparable color temperature.’’ to consider requiring labeling on the bulb. except as otherwise provided by the rule of the (42 U.S.C. 6291(30)(J)). 81 42 U.S.C. 4296(b)(4). Commission.’’ (42 U.S.C. 6296(a)). 78 See Roundtable Tr., Horowitz at 91 (‘‘Within 82 In conjunction with lifting the stay on 85 The Commission is not proposing to require the lighting industry, it’s assumed if you’re 80, reporting requirements for CFLs and general service the same two-panel disclosure for websites or you’re giving at least pretty good color rendering.’’); incandescent lamps, the Commission proposes to catalogs that is being proposed for product Howley at 100. See 42 U.S.C. 6295(i)(B)(ii). amend the testing provisions in section 305.5 to packages. Although the two-panel format will be 79 Several commenters, however, did suggest that make them consistent with DOE test procedures in helpful for consumers examining physical packages CRI should be allowed as a voluntary disclosure. 10 CFR Part 430 covering general service in stores, the format is likely to be repetitive and NRDC (#540385-00003); and Roundtable Tr., incandescent lamps, general service fluorescent cumbersome for consumers navigating information Horowitz at 83; Karney at 100; Howley at 100. lamps, and medium base CFLs. on the internet.
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with the rule by posting the ‘‘consumer awareness, information, and (#536795-00003)) and a detailed color manufacturer’s Lighting Facts label for education’’ to help consumers temperature scale similar to that each covered lamp model. The rule understand light bulb labels and make considered in NRCan’s research and currently allows this approach for energy-efficient lighting choices that currently used under the Department of appliances (see section 305.20(a)). The meet their needs. In response, the Energy’s solid-state lighting program.86 Commission seeks comments on this Commission is considering ways to Figure 5 contains a draft of such proposal. communicate general consumer information. The Commission seeks VII. Consumer Education guidance that does not fit easily on the comments on such an approach, how Section 321(c) of EISA directs the average lamp package. In particular, such information should be presented, Department of Energy, in cooperation such education material could include a and whether there is additional with the FTC and other agencies, to detailed watt-equivalence scale as information that can be provided to conduct a proactive national program of suggested in comments (e.g., NRDC consumers.
Figure 5 the front package panel: brightness in usage rate other than that required on Sample Graphs for Consumer lumens and energy cost in dollars per the Lighting Facts label have to include Education Materials87 year. an equally clear and conspicuous Rear or Side Package Panel (section disclosure of the same information VIII. Section by Section Description of using the electricity cost figure and Proposed Changes 305.15(b) & (c)): The back (or side) panel contains detailed disclosures in the usage assumption on the Lighting Facts Lamp Coverage (section 305.3): The form of a Lighting Facts label similar to label. proposed labeling requirements apply to the Nutrition Facts label required on Product Labeling (section 305.15(b)): medium screw base general service food packaging. The disclosures on the The proposed amendments require incandescent (including halogen and Lighting Facts label would detail manufacturers to print the lumen output reflector), compact fluorescent, and LED brightness, energy cost, life, color and, where applicable, mercury lamps. The proposed amendments temperature, watts, and, in some cases, information on the product. group these products under the term voltage, and mercury information. Cost Catalog Requirements (section ‘‘general service lamp.’’ and Life Claims on Packages (section 305.20): Catalog sellers (including Front Package Panel (section 305.15(c)): Manufacturers that make a websites) have to provide, for each bulb, 305.15(b) & (c)): The proposed cost or life-related claim on the package the same information required on the amendments require two disclosures on based on an electricity cost figure or Lighting Facts label.
86 See http://www.lighting-facts.com/. 87 Color versions of these graphics are available at www.ftc.gov/energy.
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Substantiating Required Disclosures number or other state identification and at the Commission is subject to (section 305.5): Effective January 1, number, or foreign country equivalent; delay due to heightened security 2012, the proposed amendments require passport number; financial account precautions. manufacturers to follow DOE test number; or credit or debit card number. Comments on any proposed filing, procedures if such procedures are Comments also should not include any recordkeeping, or disclosure applicable to their products to sensitive health information, such as requirements that are subject to the substantiate claims required by the rule. medical records or other individually paperwork burden review under the For lamp types or information not identifiable health information. In Paperwork Reduction Act should covered by the DOE test procedure but addition, comments should not include additionally be submitted to: Office of required by the rule, manufacturers ‘‘[t]rade secret or any commercial or Information and Regulatory Affairs, would have to possess and rely upon financial information which is obtained Office of Management and Budget competent and reliable scientific tests to from any person and which is privileged (‘‘OMB’’), Attention: Desk Officer for substantiate their representations on the or confidential’’ as provided in Section Federal Trade Commission. Comments label. 6(f) of the Federal Trade Commission should submitted via facsimile to (202) Testing, Reporting, and Sampling Act (‘‘FTC Act’’), 15 U.S.C. 46(f), and 395-5167 because U.S. postal mail at the Requirements (section 305.5, 305.6, and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). OMB is subject to delays due to 305.8): Beginning in 2012, Comments containing matter for which heightened security precautions. manufacturers would have to submit confidential treatment is requested must The FTC Act and other laws that the data for their labeled lamps based on be filed in paper form, must be clearly Commission administers permit the applicable DOE test procedures. The labeled ‘‘Confidential,’’ and must collection of public comments to amendments also contain a minor comply with FTC Rule 4.9(c).88 consider and use in this proceeding as change to the terms used in the Because paper mail addressed to the appropriate. The Commission will sampling requirements. FTC is subject to delay due to consider all timely and responsive public comments that it receives, IX. Request for Comment heightened security screening, please consider submitting your comments in whether filed in paper or electronic The Commission invites interested electronic form. Comments filed in form. Comments received will be persons to submit written comments on electronic form should be submitted available to the public on the FTC any issue of fact, law, or policy that may using the following weblink: (https:// website, to the extent practicable, at bear upon the Commission’s lamp public.commentworks.com/ftc/ (http://www.ftc.gov/os/ labeling requirements. These issues lampamendmentsNPRM) (and following publiccomments.shtm). As a matter of include the overall effectiveness of the instructions on the web-based form). discretion, the FTC makes every effort to existing disclosures on lamp labels, To ensure that the Commission remove home contact information for alternative labeling disclosures, and the considers an electronic comment, you individuals from the public comments it labeling of lamp types not currently must file it on the web-based form at the receives before placing those comments covered by the rule. Please provide weblink (https:// on the FTC website. More information, explanations for your answers and public.commentworks.com/ftc/ including routine uses permitted by the supporting evidence where appropriate. lampamendmentsNPRM). If this Notice Privacy Act, may be found in the FTC’s All comments should be filed as privacy policy, at (http://www.ftc.gov/ prescribed below, and must be received appears at (http://www.regulations.gov/ search/Regs/home.html#home), you ftc/privacy.htm). on or before December 28, 2009. In Because written comments appear may also file an electronic comment addition to the questions and requests adequate to present the views of all through that website. The Commission for comment found throughout this interested parties, the Commission has will consider all comments that Notice, the Commission also asks that not scheduled an oral hearing regarding regulations.gov forwards to it. You may commenters address the following these proposed amendments. Interested also visit the FTC Website at (http:// questions: What costs or burdens, and parties may request an opportunity to www.ftc.gov) to read the Notice and the any other impacts, would the proposed present views orally. If such a request is news release describing it. requirements impose, and on whom? made, the Commission will publish a A comment filed in paper form What regulatory alternatives to the document in the Federal Register should include the ‘‘Proposed Lamp proposed requirements are available stating the time and place for such oral Labeling Amendments, P084206’’ that would reduce the burdens and/or presentation(s) and describing the reference both in the text and on the increase the benefits of the proposed procedures that will be followed. envelope, and should be mailed or requirements? Interested parties who wish to present delivered to the following address: Interested parties are invited to oral views must submit a hearing Federal Trade Commission, Office of the submit written comments electronically request, on or before November 30, Secretary, Room H-135 (Annex N), 600 or in paper form. Comments should 2009, in the form of a written comment Pennsylvania Avenue, N.W., refer to ‘‘Proposed Lamp Labeling that describes the issues on which the Washington, DC 20580. The FTC is Amendments, P084206’’ to facilitate the party wishes to speak. If there is no oral requesting that any comment filed in organization of comments. Please note hearing, the Commission will base its paper form be sent by courier or that your comment – including your decision on the written rulemaking overnight service, if possible, because name and your state – will be placed on record. the public record of this proceeding, U.S. postal mail in the Washington area including on the publicly accessible X. Communications by Outside Parties 88 The comment must be accompanied by an to the Commissioners or Their Advisors FTC website, at (http://www.ftc.gov/os/ explicit request for confidential treatment, publiccomments.shtm). including the factual and legal basis for the request, Written communications and Because comments will be made and must identify the specific portions of the summaries or transcripts of oral public, they should not include any comment to be withheld from the public record. communications respecting the merits The request will be granted or denied by the sensitive personal information, such as Commission’s General Counsel, consistent with of this proceeding, from any outside any individual’s Social Security applicable law and the public interest. See FTC party to any Commissioner or Number; date of birth; driver’s license Rule 4.9(c), 16 CFR § 4.9.(c). Commissioner’s advisor, will be placed
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on the public record. See 16 CFR testing for other purposes (e.g., ENERGY amendments will be significant. In any 1.26(b)(5). STAR criteria), the Commission event, to minimize any burden, the assumes, based on past estimates of XI. Paperwork Reduction Act Commission plans to provide basic models, that manufacturers will manufacturers with ample time to The rule contains disclosure have to test 2,100 basic models at 0.5 implement the proposed changes. requirements that constitute hours for each model for a total of 1,050 The Commission estimates that these ‘‘information collection requirements’’ hours. In calculating the associated as defined by 5 CFR § 1320.7(c), the labor cost estimate, the Commission new requirements will apply to about 50 regulation that implements the assumes that the label design change product manufacturers and an Paperwork Reduction Act (‘‘PRA’’).89 will be implemented by electrical additional 150 online and paper catalog OMB has approved the rule’s existing engineers at an hourly wage rate of sellers of covered products. The information collection requirements $39.79 per hour based on Bureau of Commission expects that approximately through May 31, 2011 (OMB Control No. Labor Statistics information (see 150 qualify as small businesses. 3084-0069). The proposed amendments footnote 90). Thus, the Commission Accordingly, this document serves as make changes in the current rule’s estimates that the new label design notice to the Small Business 90 labeling requirements. Accordingly, change will result in associated labor Administration of the FTC’s the Commission has submitted this cost of approximately $41,780 (1,050 certification of no effect. To ensure the × proposed rule and a Supporting hours $39.79 per hour). accuracy of this certification, however, Statement to OMB for review under the Accordingly, the estimated total the Commission requests comment on PRA. burden of the proposed amendments is whether the proposed rule will have a Burden estimates for the proposed 2,384 hours (1,334 hours for packaging significant impact on a substantial rule are based on data previously and labeling + 1,050 hours for number of small entities, including submitted by manufacturers to the FTC additional testing for correlated color under the Rule’s existing requirements temperature). specific information on the number of and on the staff’s general knowledge of The Commission invites comments entities that would be covered by the manufacturing practices. that will enable it to: (1) evaluate proposed rule, the number of these Package and Product Labeling: The whether the proposed collections of companies that are ‘‘small entities,’’ and proposed rule requires manufacturers to information are necessary for the proper the average annual burden for each change their light bulb packages and performance of the functions of the entity. Although the Commission light bulbs to include new disclosures. Commission, including whether the certifies under the RFA that the rule The new requirements would require a information will have practical utility; proposed in this notice would not, if one-time change for manufacturers. The (2) evaluate the accuracy of the promulgated, have a significant impact Commission estimates that this one-time Commission’s estimate of the burden of on a substantial number of small change will take 80 hours per the proposed collections of information, entities, the Commission has manufacturer. Annualized for a single including the validity of the determined, nonetheless, that it is year reflective of a prospective 3-year methodology and assumptions used; (3) appropriate to publish an IRFA in order clearance, this averages to 26.67 hours enhance the quality, utility, and clarity to inquire into the impact of the per year. Therefore, the label design of the information to be collected; and proposed rule on small entities. change will result in cumulative burden (4) minimize the burden of the Therefore, the Commission has prepared of 1,334 hours (50 manufacturers x collections of information on those who the following analysis: 26.67 hours). In estimating the must comply, including through the use associated labor cost, the Commission of appropriate automated, electronic, A. Description of the Reasons That assumes that the label design change mechanical, or other technological Action by the Agency Is Being Taken will be implemented by graphic techniques or other forms of information designers at an hourly wage rate of technology. Section 321(b) of the Energy Independence and Security Act of 2007 $22.70 per hour based on Bureau of XII. Regulatory Flexibility Act Labor Statistics information.91 Thus, the (Pub. L. 110-140) requires the Commission estimates labor cost for this The Regulatory Flexibility Act Commission to conduct a rulemaking to new label design change will total (‘‘RFA’’), 5 U.S.C. 601-612, requires that consider the effectiveness of the lamp $30,282 (1,334 hours × $22.70 per hour). the Commission provide an Initial labeling and to consider alternative Color Temperature: The proposed Regulatory Flexibility Analysis labeling approaches. rule may require additional testing for (‘‘IRFA’’) with a proposed rule and a Final Regulatory Flexibility Analysis B. Statement of the Objectives of, and correlated color temperature, if such Legal Basis for, the Proposed Rule testing has not already been conducted (‘‘FRFA’’), if any, with the final rule, in the normal course of business. unless the Commission certifies that the The objective of the proposed rule is Although the Commission expects that rule will not have a significant to improve the effectiveness of the many manufacturers conduct such economic impact on a substantial current lamp labeling program. EISA number of small entities. See 5 U.S.C. directs the Commission to consider 89 44 U.S.C. 3501-3521. 603-605. whether alternative labeling approaches 90 The Commission does not anticipate Although the current reporting requirements would help consumers better in the rule for these products is currently stayed (as that the proposed rule will have a discussed in section IV.D. of this notice), the significant economic impact on a understand new high-efficiency lamp existing PRA clearance for the rule’s information substantial number of small entities. products and help them choose lamps collection requirements includes burdens that meet their needs. In particular, the associated with those requirements. The Commission recognizes that some 91 See (http://www.bls.gov/ncs/ncswage2008. of the affected manufacturers may law directs the Commission to consider htm#Wage_Tables) (National Compensation Survey: qualify as small businesses under the labeling disclosures that address Occupational Earnings in the United States 2008, relevant thresholds. However, the consumer needs for information about U.S. Department of Labor (August 2009), Bulletin lighting level, light quality, lamp 272004, Table 3 (‘‘Full-time civilian workers,’’ Commission does not expect that the mean and median hourly wages), at 3-12). economic impact of the proposed lifetime, and total lifecycle cost. The
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Commission must complete this effort consistent with the statutory through (T) of this section; and(ii) any by June of 2010.92 requirements, would reduce the general service fluorescent lamp. economic impact of the rule on small (m) Medium base compact fluorescent C. Small Entities to Which the Proposed entities. As one alternative to reduce the lamp means an integrally ballasted Rule Will Apply burden, the Commission could delay the fluorescent lamp with a medium screw Under the Small Business Size rule’s effective date to provide base, a rated input voltage range of 115 Standards issued by the Small Business additional time for small business to 130 volts and which is designed as Administration, lamp manufacturers compliance. The Commission could also direct replacement for a general service qualify as small businesses if they have consider further reductions in the incandescent lamp; however, the term fewer than 1,000 employees (for other amount of information catalog sellers does not include— household appliances the figure is 500 must provide. If the comments filed in (1) Any lamp that is— employees). Lamp catalog sellers qualify response to this notice identify small (i) Specifically designed to be used for as small businesses if their sales are less entities that are affected by the rule, as special purpose applications; and than $8.0 million annually. The well as alternative methods of (ii) Unlikely to be used in general Commission estimates that there are compliance that would reduce the purpose applications, such as the approximately 150 entities subject to the economic impact of the rule on such applications described in the definition proposed rule’s requirements qualify as entities, the Commission will consider of ‘‘General Service Incandescent small businesses. The Commission the feasibility of such alternatives and Lamp’’ in this paragraph (n)(3)(ii) of this seeks comment and information with determine whether they should be section; or regard to the estimated number or incorporated into the final rule. (2) Any lamp not described in the nature of small business entities for definition of ‘‘General Service which the proposed rule would have a XIII. Proposed Rule Language Incandescent Lamp’’ in this section that significant economic impact List of Subjects in 16 CFR Part 305 is excluded by the Department of D. Projected Reporting, Recordkeeping Energy, by rule, because the lamp is— Advertising, Energy conservation, (i) Designed for special applications; and Other Compliance Requirements Household appliances, Labeling, and The Commission recognizes that the Reporting and recordkeeping (ii) Unlikely to be used in general proposed labeling rule will involve requirements. purpose applications. some increased drafting costs and For the reasons set out above, the (n) Incandescent lamp: (1) Means a reporting requirements for appliance Commission proposes the following lamp in which light is produced by a manufacturers. As discussed in this amendments to 16 CFR Part 305: filament heated to incandescence by an notice, the increase reporting burden PART 305—RULE CONCERNING electric current, including only the should be de minimis. The transition to DISCLOSURES REGARDING ENERGY following: the use of a new label design should (i) Any lamp (commonly referred to as CONSUMPTION AND WATER USE OF represent a one-time cost that will not lower wattage nonreflector general CERTAIN HOME APPLIANCES AND be substantial. The Commission does service lamps, including any tungsten- OTHER PRODUCTS REQUIRED not expect that the labeling halogen lamp) that has a rated wattage UNDER THE ENERGY POLICY AND requirements will impose significant between 30 and 199 watts, has an E26 CONSERVATION ACT (‘‘APPLIANCE additional costs on catalog sellers. All of medium screw base, has a rated voltage LABELING RULE’’) these burdens are discussed in Section or voltage range that lies at least XI of this notice and there should be no 1. The authority citation for Part 305 partially within 115 and 130 volts, and difference in that burden as applied to continues to read as follows: is not a reflector lamp; small businesses. The Commission Authority: 42 U.S.C. 6294. (ii) Any lamp (commonly referred to invites comment and information on as a reflector lamp) which is not colored these issues. 2. In § 305.3, paragraphs (l) and (m) or designed for rough or vibration are revised, paragraphs (n), (o), (p), (q), service applications, that contains an E. Duplicative, Overlapping, or (r), (s), and (t) are redesignated as (r), (s), inner reflective coating on the outer Conflicting Federal Rules (t), (u), (v), (w), and (x) respectively, and bulb to direct the light, an R, PAR, or The Commission has not identified new paragraphs (n), (o), (p), and (q) are similar bulb shapes (excluding ER or any other federal statutes, rules, or added to read as follows: BR) with E26 medium screw bases, a policies that would duplicate, overlap, § 305.3 Description of covered products. rated voltage or voltage range that lies or conflict with the proposed rule. The at least partially within 115 and 130 Commission invites comment and * * * * * (l) General service lamp means: volts, a diameter which exceeds 2.75 information on this issue. (1) A lamp that is: inches, and is either— F. Significant Alternatives to the (i) A general service incandescent (A) A low(er) wattage reflector lamp Proposed Rule lamp; which has a rated wattage between 40 (ii) A medium base compact and 205 watts; or The Commission seeks comment and fluorescent lamp; (B) A high(er) wattage reflector lamp information on the need, if any, for (iii) A general service light-emitting which has a rated wattage above 205 alternative compliance methods that, diode (LED or OLED) lamp; or watts; (iv) Any other lamp that the Secretary (iii) Any general service incandescent 92 Section 321(b) of EISA (42 U.S.C. of Energy determines is used to satisfy lamp (commonly referred to as a high- 6294(a)(2)(D)) also gives the Commission the discretion to ‘‘consider reopening the rulemaking lighting applications traditionally or higher-wattage lamp) that has a rated not later than 180 days before the [statutorily served by general service incandescent wattage above 199 watts (above 205 mandated] effective dates of the standards for lamps. watts for a high wattage reflector lamp); general service incandescent lamps established (2) Exclusions. The term general but under section 325(i)(1)(A) [and implemented by DOE], if the Commission determines that further service lamp does not include— (2) Incandescent lamp does not mean labeling changes are needed to help consumers (i) Any lighting application or bulb any lamp excluded by the Secretary of understand lamp alternatives.’’ shape described in paragraphs (n)(3)(A) Energy, by rule, as a result of a
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determination that standards for such used, and exciting current of the device. IES test protocols that substantiate the lamp would not result in significant The output of a light-emitting diode representations: energy savings because such lamp is may be in— designed for special applications or has (1) The infrared region; For measuring light special characteristics not available in (2) The visible region; or output (in lumens): reasonably substitutable lamp types; (3) The ultraviolet region. (p) Organic light-emitting diode General Service Fluo- IES LM 9 and rescent (3) General service incandescent lamp (OLED) means a thin-film light-emitting means device that typically consists of a series Compact Fluorescent IES LM 66 (i) In general, a standard incandescent of organic layers between 2 electrical or halogen type or reflector lamp that— contacts (electrodes). General Service In- IES LM 45 (A) Is intended for general service (q) General service light-emitting candescent (Other applications; diode (LED or OLED) lamps means any than Reflector Lamps) (B) Has a medium screw base; light-emitting diode (LED or OLED) (C) Has a lumen range of not less than lamp that: General Service In- IES LM 20 310 lumens and not more than 2,600 (1) Is intended for general service candescent (Reflec- lumens; and applications; tor Lamps) (D) Is capable of being operated at a (2) Has a medium screw base; voltage range at least partially within (3) Has a lumen range of not less than For measuring labora- IES LM 40 110 and 130 volts. 310 lumens and not more than 2,600 tory life (in hours): (ii) Exclusions.—The term ‘general lumens; and General Service Fluorescent service incandescent lamp’ does not (4) Is capable of being operated at a voltage range at least partially within include the following incandescent Compact Fluorescent IES LM 65 lamps: 110 and 130 volts. (A) An appliance lamp as defined at 3. In § 305.5, paragraphs (a)(12), (13), General Service In- IES LM 49 42 U.S.C. 6291(30); and (14) are added and paragraph (b) is candescent (Other (B) A black light lamp; revised to read as follows: than Reflector Lamps) (C) A bug lamp; Testing (D) A colored lamp as defined at 42 General Service In- IES LM 49 § 305.5 Determinations of estimated U.S.C. 6291(30); candescent (Reflec- annual energy consumption, estimated (E) An infrared lamp; tor Lamps) (F) A left-hand thread lamp; annual operating cost, and energy efficiency rating, and of water use rate. (G) A marine lamp; * * * * * (H) A marine signal service lamp; (a) * * * 4. Section 305.6 is revised to read as (I) A mine service lamp; (12) General Service Incandescent follows: (J) A plant light lamp; Lamps - § 420.23(r) (Beginning Jan. 1, (K) A rough service lamp as defined 2012). § 305.6 Sampling. at 42 U.S.C. 6291(30)); (13) General Service Fluorescent (a) For any covered product (except (L) A shatter-resistant lamp (including Lamps - § 420.23(r) (Beginning Jan. 1, general service fluorescent lamps or a shatter-proof lamp and a shatter- 2012). general service lamps), any protected lamp); (14) Medium Base Compact representation with respect to or based (M) A sign service lamp; Fluorescent Lamps - § 420.23(w) upon a measure or measures of energy (N) A silver bowl lamp; (Beginning Jan. 1, 2012). consumption incorporated into §305.5 (O) A showcase lamp; (b) Unless otherwise provided in shall be based upon the sampling (P) A traffic signal lamp; paragraph (a), manufacturers and procedures set forth in §430.24 of 10 (Q) A vibration service lamp as private labelers of any covered product CFR part 430, subpart B. defined at 42 U.S.C. 6291(30); that is a general service fluorescent (b) For any covered product that is a (R) A G shape lamp (as defined in lamp, general service lamp, or metal general service lamp, any representation ANSI C78.20–2003 and C79.1–2002) halide lamp fixture, must, for any required by § 305.15 and, for any with a diameter of 5 inches or more; representation required by this Part covered product that is a general service (S) A T shape lamp (as defined in including but not limited to of the fluorescent lamp or incandescent ANSI C78.20–2003 and C79.1–2002) design voltage, wattage, energy cost, reflector lamp, any representation made and that uses not more than 40 watts or light output, life, correlated color by the encircled ‘‘E’’ that such lamp is has a length of more than 10 inches; or temperature, or color rendering index of in compliance with an applicable (T) A B, BA, CA, F, G16–1/2, G–25, such lamp or for any representation standard established by section 325 of G30, S, or M–14 lamp (as defined in made by the encircled ‘‘E’’ that such a the Act, shall be based upon tests using ANSI C79.1–2002 and ANSI C78.20– lamp is in compliance with an a competent and reliable scientific 2003) of 40 watts or less. applicable standard established by sampling procedure. The Commission (4) Incandescent reflector lamp means section 325 of the Act, possess and rely will accept ‘‘Military Standard 105— a lamp described in paragraph (n)(1)(ii) upon a reasonable basis consisting of Sampling Procedures and Tables for of this section; and competent and reliable scientific tests Inspection by Attributes’’ as such a (5) Tungsten-halogen lamp means a substantiating the representation. For sampling procedure. gas-filled tungsten filament representations of the light output and 5. Section 305.8 is amended as incandescent lamp containing a certain life ratings of any covered product that follows: proportion of halogens in an inert gas. is a general service lamp, unless a. In paragraph (a)(1), remove the (o) Light-emitting diode (LED) means otherwise provided by paragraph (a), the phrase ‘‘medium base compact a p-n junction solid state device the Commission will accept as a reasonable fluorescent lamps or general service radiated output of which is a function basis scientific tests conducted incandescent lamps including, of the physical construction, material according to the following applicable incandescent reflector lamps’’ wherever
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it appears and add in its place ‘‘and b. Paragraphs (b) is revised and Appendix L for qualified products, if general service lamps;’’ paragraphs (c) and (d) are added to read desired by the manufacturer. Only b. In paragraph (a)(3), remove the as follows: manufacturers that have signed a Memorandum of Understanding with phrase ‘‘medium base compact § 305.15 Labeling for lighting products. fluorescent lamp, or general service the Department of Energy or the * * * * * Environmental Protection Agency may incandescent lamp (including an (b) General Service Lamps — (1) incandescent reflector lamp)’’ wherever add the ENERGY STAR logo to labels on Principal Display Panel Content: Any qualifying covered products; such it appears and add in its place ‘‘and covered product that is a general service general service lamps.’’ manufacturers may add the ENERGY lamp shall be labeled clearly and STAR logo to labels only on those c. Revise paragraph (b)(1) to read as conspicuously on the product’s products that are covered by the follows: principal display panel with the Memorandum of Understanding. following information: § 305.8 Submission of data. (vii) The design voltage of each lamp (i) The light output of each lamp included in the package, if other than * * * * * included in the package, expressed as 120 volts. (b)(1) All data required by §305.8(a) ‘‘Brightness’’ in average initial lumens; (viii) For any general service lamp except serial numbers shall be and containing mercury, the following submitted to the Commission annually, (ii) The estimated annual energy cost statement: Contains Mercury ‘‘Hg on or before the following dates: of the lamp, expressed as ‘‘Estimated [Encircled]: Manage in accordance with Energy Cost’’ in dollars and based on local, state, and federal disposal laws. Deadline for usage of 3 hours per day and 11.4 cents For information: epa.gov/bulbrecycling Product category data submis- ($0.114) per kWh. sion or 1-800-XXX-XXXX.’’ (2) Principal Panel Format: The light (ix) No marks or information other Refrigerators Aug. 1 output (brightness) and energy cost of than that specified in this part shall any covered product that is a general appear on the Lighting Facts label. Refrigerators-freezers Aug. 1 service lamp shall appear in that order (4) Lighting Facts Label Format: and with equal clarity and Information specified in subsection Freezers Aug. 1 conspicuousness on the product’s (b)(3) shall be presented on covered principal display panel. The format, lamp packages in the format, terms, Central air conditioners July 1 terms, specifications, and minimum explanatory text, specifications, and Heat pumps July 1 sizes shall follow the specifications and minimum sizes as shown in Prototype minimum sizes displayed in Prototype Labels 6 and 7 to Appendix L. The text Dishwashers June 1 Label 5 to Appendix L. and lines shall be all black or one color (3) Lighting Facts Label Content: Any type, printed on a white or other neutral Water heaters May 1 covered product that is a general service contrasting background whenever lamp shall be labeled clearly and Room air conditioners May 1 practical. conspicuously on the product’s side or (i) The Lighting Facts information Furnaces May 1 rear display panel with a Lighting Facts shall be set off in a box by use of label that contains the following hairlines and shall be all black or one Pool heaters May 1 information in the following order: color type, printed on a white or other (i) The light output of each lamp neutral contrasting background Clothes washers Oct. 1 included in the package, expressed as whenever practical. ‘‘Brightness’’ in average initial lumens. Fluorescent lamp ballasts Mar. 1 (ii) All information within the (ii) The estimated annual energy cost Lighting Facts label shall utilize: Showerheads Mar. 1 of the lamp based on the average initial (A) Arial or an equivalent type style, wattage, a usage rate of 3 hours per day (B) Upper and lower case letters, Faucets Mar. 1 and 11.4 cents ($0.114) per kWh and (C) Leading as indicated in Prototype explanatory text as illustrated in Labels 6 and 7 to Appendix L, Water closets Mar. 1 Prototype Labels 6 and 7 to Appendix (D) Letters should never touch, L. (E) The box and hairlines separating Ceiling fans Mar. 1 (iii) The life, as defined in § 305.2(w), information as illustrated in Prototype Urinals Mar. 1 of each lamp included in the package, Labels 6 and 7 to Appendix L. expressed in years (based on 3 hours (F) The minimum font sizes and line Metal halide lamp fixtures Sept. 1 operation per day). thicknesses as illustrated in Prototype (iv) The correlated color temperature, Labels 6 and 7 to Appendix L. No General Service Fluorescent Mar. 1 (begin- as measured in degrees Kelvin and information on the Lighting Facts label lamps ning 2012) expressed as ‘‘Color Appearance’’ and shall be in type smaller than 6 point. by a number and a marker in the form (5) Product Labeling: Any general Medium Base Compact Fluo- Mar. 1 (begin- rescent Lamps ning 2012) of a scale as illustrated in Prototype service lamp shall be labeled legibly on Labels 6 and 7 to Appendix L placed the product itself with the following General Service Incandes- Mar. 1 (begin- proportionately on the scale where the information: cent Lamps ning 2012) left end equals 2,600 K and the right end (i) The lamp’s average initial lumens, equals 6,600 K; expressed as a number followed by the * * * * * (v) The wattage, as defined in word ‘‘lumens’’; and 6. Section 305.15 is amended as § 305.2(hh), for each lamp included in (ii) For general service lamps follows: the package, expressed as energy used containing mercury, the following in average initial wattage; statement: ‘‘Contains Mercury. See a. Paragraph (c) is redesignated as (vi) The ENERGY STAR logo as epa.gov/bulbrecycling or 1-800-XXX- paragraph (e). illustrated in Prototype Label 7 to XXXX.’’
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(c)(1) The required disclosures of any the required disclosures, in the manner and conspicuously with the encircled covered product that is a general service and form required by those paragraphs, ‘‘E’’. lamp shall be measured at 120 volts, on the bulk shipping cartons that are to (3) Any cartons in which any covered regardless of the lamp’s design voltage. be used to display the lamps for retail products that are general service If a lamp’s design voltage is 125 volts or sale. fluorescent lamps and general service 130 volts, the disclosures of the wattage, (6) Any manufacturer or private lamps are shipped within the United light output and life ratings shall in labeler who makes any representation, States or imported into the United each instance be: other than those required by this States shall disclose clearly and (i) At 120 volts and followed by the section, on a package of any covered conspicuously the following statement: phrase ‘‘at 120 volts.’’ In such case, the product that is a general service labels for such lamps also may disclose These lamps comply with Federal fluorescent lamp or general service lamp energy efficiency labeling requirements. the lamp’s wattage, light output and life regarding the cost of operation or life of at the design voltage (e.g., ‘‘Light Output such lamp shall clearly and * * * * * 1710 Lumens at 125 volts’’); or conspicuously disclose in close § 305.19 [Amended] (ii) At the design voltage and followed proximity to such representation the by the phrase ‘‘at (125 volts/130 volts)’’ assumptions upon which it is based, 7. In § 305.19, remove the phrase if the ratings at 120 volts are disclosed including, e.g., purchase price, unit cost ‘‘medium base compact fluorescent clearly and conspicuously on another of electricity, hours of use, patterns of lamps, or general service incandescent panel of the package, and if all panels use. If those assumptions differ for those lamps including incandescent reflector of the package that contain a claimed required for cost and life information on lamps’’ and add in its place ‘‘general light output, wattage or life clearly and the Lighting Facts label (11.4 cents per service lamps’’ wherever it appears. conspicuously identify the lamp as kWh and 3 hours per day), the 8. Section 305.20 is amended as ‘‘(125 volt/130 volt),’’ and if the manufacturer or private labeler must follows: principal display panel clearly and also disclose, with equal clarity and a. In paragraph (a)(1), remove the conspicuously discloses the following conspicuousness, the same phrase ‘‘medium base compact statement: representation based on those required This product is designed for (125/130) fluorescent lamps, general service on the Lighting Facts label. volts. When used on the normal line incandescent lamps including (d)(1) Any covered product that is a voltage of 120 volts, the light output and incandescent reflector lamps’’ and add general service fluorescent lamp or an energy efficiency are noticeably in its place ‘‘general service lamps’’ incandescent reflector lamp shall be reduced. See (side/back) panel for 120 wherever it appears; labeled clearly and conspicuously with volt ratings. b. In paragraph (a)(3), remove the (2) For any covered product that is an a capital letter ‘‘E’’ printed within a phrase ‘‘medium base compact incandescent reflector lamp, the circle and followed by an asterisk. The fluorescent lamp, or general service required disclosures of light output label shall also clearly and incandescent lamp (including an shall be given for the lamp’s total conspicuously disclose, either in close incandescent reflector lamp)’’ and add forward lumens. proximity to that asterisk or elsewhere in its place ‘‘general service lamps’’ (3) For any covered product that is a on the label, the following statement: wherever it appears. *[The encircled ‘‘E’’] means this bulb compact fluorescent lamp, the required c. Revise paragraph (c)(1) to read as meets Federal minimum efficiency light output disclosure shall be follows: measured at a base-up position; but, if standards. the manufacturer or private labeler has (A) If the statement is not disclosed § 305.20 Paper catalogs and websites. reason to believe that the light output at on the principal display panel, the * * * * * a base-down position would be more asterisk shall be followed by the (c)(1) Any manufacturer, distributor, than 5% different, the label also shall following statement: retailer, or private labeler who disclose the light output at the base- See [Back, Top, Side] panel for advertises in a catalog a covered product down position or, if no test data for the details. that is a general service fluorescent base-down position exist, the fact that at (B) For purposes of this paragraph, the lamp or general service lamp shall a base-down position the light output encircled capital letter ‘‘E’’ shall be disclose clearly and conspicuously in might be more than 5% less. clearly and conspicuously disclosed in such catalog: (4) For any covered product that is a color-contrasting ink on the label of any (i) On each page listing any covered general service incandescent lamp and covered product that is a general service product that is a general service lamp, operates with multiple filaments, the fluorescent lamp and will be deemed all the information concerning that lamp light output, energy cost, and wattage ‘‘conspicuous,’’ in terms of size, if it required by § 305.15 of this part to be disclosures required by § 305.15(b) must appears in typeface at least as large as disclosed on the lamp’s label either in be provided at each of the lamp’s levels either the manufacturer’s name or logo the form of the manufacturer’s Lighting of light output and the lamp’s life or another logo disclosed on the label, Facts label prepared pursuant to provided on the basis of the filament such as the ‘‘UL’’ or ‘‘ETL’’ logos, § 305.15 or otherwise in a clear and that fails first. The multiple numbers whichever is larger. conspicuous manner; and shall be separated by a ‘‘/’’ (e.g., 800/ (2) Instead of labeling any covered 1600/2500 lumens). product that is a general service (ii) On each page listing a covered (5) A manufacturer or private labeler fluorescent lamp with the encircled ‘‘E’’ product that is a general service who distributes general service and with the statement described in fluorescent lamp or an incandescent fluorescent lamps, or general service paragraph (d)(1) of this section, a reflector lamp, all the information lamps without labels attached to the manufacturer or private labeler who required by § 305.15 of this part to be lamps or without labels on individual would not otherwise put a label on such disclosed on the lamp’s label according retail-sale packaging for one or more a lamp may meet the disclosure to the following format: lamps may meet the package disclosure requirements of that paragraph by (A) The encircled ‘‘E’’ shall appear requirements of this section by making permanently marking the lamp clearly with each lamp entry; and
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(B) The accompanying statement § 305.21 [Amended] b. Remove all sections labeled Lamp described in § 305.15(d)(1) shall appear 9. In § 305.21, add the term Packaging Disclosures at least once on the page. ‘‘correlated color temperature,’’ after the The Additions read as follows: * * * * * term ‘‘energy usage.’’ Appendix L to Part 305 10. In Appendix L: a. Add Prototype Labels 5 through 7; Sample Labels and * * * * *
PROTOTYPE LABEL 5 FRONT PACKAGE DISCLOSURE FOR GENERAL SERVICE LAMPS
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PROTOTYPE LABEL 6 LIGHTING FACTS LABEL FOR GENERAL SERVICE LAMPS NOT CONTAINING MERCURY
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PROTOTYPE LABEL 7 evaluating genitourinary impairments in 1. Internet: We strongly recommend LIGHTING FACTS LABEL FOR GENERAL adults and children. We are requesting that you submit your comments via the SERVICE LAMP CONTAINING MERCURY your comments as part of our ongoing Internet. Please visit the Federal effort to ensure that our listings reflect eRulemaking portal at http:// By direction of the Commission. current medical knowledge. If we www.regulations.gov. Use the Search Donald S. Clark, propose specific revisions, we will function to find docket number SSA– publish a Notice of Proposed Secretary. 2009–0038. The system will issue a Rulemaking in the Federal Register. tracking number to confirm your [FR Doc. E9–27036 Filed 11–9–09; 2:25 pm] DATES: To be sure that we consider your submission. You will not be able to BILLING CODE 6750–01–S comments, we must receive them by no view your comment immediately later than January 11, 2010. because we must post each comment ADDRESSES: You may submit comments manually. It may take up to a week for SOCIAL SECURITY ADMINISTRATION by any one of three methods—Internet, your comment to be viewable. 2. Fax: Fax comments to (410) 966– 20 CFR Part 404 fax, or mail. Do not submit the same comments multiple times or by more 2830. [Docket No. SSA–2009–0038] than one method. Regardless of which 3. Mail: Mail your comments to the method you choose, please state that Office of Regulations, Social Security RIN 0960–AH03 your comments refer to Docket No. Administration, 137 Altmeyer Building, SSA–2009–0038 so that we may 6401 Security Boulevard, Baltimore, Revised Medical Criteria for Evaluating Maryland 21235–6401. Genitourinary Impairments associate your comments with the correct regulation. Comments are available for public AGENCY: Social Security Administration. Caution: You should be careful to viewing on the Federal eRulemaking portal at http://www.regulations.gov or ACTION: Advance Notice of Proposed include in your comments only in person, during regular business Rulemaking. information that you wish to make publicly available. We strongly urge you hours, by arranging with the contact SUMMARY: We are requesting your not to include in your comments any person identified below. comments on whether and how we personal information, such as Social FOR FURTHER INFORMATION CONTACT: Paul should revise the criteria in our Listing Security numbers or medical Scott, Social Insurance Specialist, Office of Impairments (the listings) for information. of Medical Listings Improvement, Social
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Security Administration, 6401 Security you believe we should change any of multiple body systems in adults and Boulevard, Baltimore, MD 21235–6401, our criteria or whether you believe a children. We are requesting your (410) 965–1020. For information on listing is difficult to use or to comments as part of our ongoing effort eligibility or filing for benefits, call our understand. to ensure that our listings reflect current national toll-free number, 1–800–772– • You would like to see our medical knowledge. If we propose 1213 or TTY 1–800–325–0778, or visit genitourinary impairments listings specific revisions; we will publish a our Internet site, Social Security Online, include something that is not currently Notice of Proposed Rulemaking in the at: http://www.socialsecurity.gov. included, such as other genitourinary Federal Register. impairments, additional medical SUPPLEMENTARY INFORMATION: DATES: To be sure that we consider your technologies, specific laboratory studies, comments, we must receive them by no Electronic Version or new medical criteria. later than January 11, 2010. • The electronic file of this document is You believe our genitourinary ADDRESSES: You may submit comments available on the date of publication in impairments listings should include by any one of three methods—Internet, the Federal Register at http:// functional criteria and what those fax, or mail. Do not submit the same www.gpoaccess.gov/fr/index.html. criteria should be. comments multiple times or by more What is the purpose of this Advance Will we respond to your comments than one method. Regardless of which Notice of Proposed Rulemaking from this notice? method you choose, please state that (ANPRM)? your comments refer to Docket No. We will not respond directly to the SSA–2009–0039 so that we may This ANPRM gives you an comments you send in response to this associate your comments with the opportunity to send us comments and ANPRM. After we have considered all correct regulation. suggestions on whether and how we comments and suggestions, as well as Caution: You should be careful to might revise the listings and other information about advances in medical include in your comments only criteria in sections 6.00 and 106.00 for knowledge, treatment, and methods of information that you wish to make evaluating genitourinary impairments. evaluating genitourinary impairments, publicly available. We strongly urge you We last published final rules revising and our program experience using the not to include in your comments any the criteria that we use to evaluate current listings, we will determine personal information, such as Social genitourinary impairments on July 5, whether we should revise any of the Security numbers or medical 2005. 70 FR 38582. We are publishing listings or other criteria in sections 6.00 information. this ANPRM as part of our ongoing or 106.00. If we decide to propose 1. Internet: We strongly recommend effort to ensure that our criteria reflect specific revisions, we will publish a that you submit your comments via the the latest advances in medicine. Notice of Proposed Rulemaking in the Internet. Please visit the Federal Federal Register, and you will have a eRulemaking portal at http:// On which rules are we inviting chance to comment on the revisions we comments and suggestions? www.regulations.gov. Use the Search propose. function to find docket number SSA– You can find our current rules on List of Subjects in 20 CFR Part 404 2009–0039. The system will issue a which we are inviting comments and tracking number to confirm your suggestions on the Internet at the Administrative practice and submission. You will not be able to following locations: procedure, Blind, Disability benefits, • view your comment immediately Sections 6.00 and 106.00 are in the Old-Age, Survivors and Disability because we must post each comment Listing of Impairments in appendix 1 to Insurance, Reporting and recordkeeping manually. It may take up to a week for subpart P of part 404 of our regulations requirements, Social Security. _ your comment to be viewable. at http://www.ssa.gov/OP Home/cfr20/ Dated: September 28, 2009. 2. Fax: Fax comments to (410) 966– 404/404-ap10.htm or at http:// Michael J. Astrue, 2830. www.ssa.gov/disability/professionals/ 3. Mail: Mail your comments to the bluebook/. Commissioner of Social Security. [FR Doc. E9–27032 Filed 11–9–09; 8:45 am] Office of Regulations, Social Security Administration, 137 Altmeyer Building, Who should send us comments and BILLING CODE 4191–02–P suggestions? 6401 Security Boulevard, Baltimore, Maryland 21235–6401. We invite comments and suggestions SOCIAL SECURITY ADMINISTRATION Comments are available for public from people who apply for or receive viewing on the Federal eRulemaking benefits from us, members of the general 20 CFR Part 404 portal at http://www.regulations.gov or public, advocates and organizations in person, during regular business who represent people who have [Docket No. SSA–2009–0039] hours, by arranging with the contact genitourinary impairments, State RIN 0960–AH04 person identified below. agencies that make disability FOR FURTHER INFORMATION CONTACT: determinations for us, experts in the Revised Medical Criteria for Evaluating Marva Franklin, Social Insurance evaluation of genitourinary Impairments That Affect Multiple Body impairments, and researchers. Specialist, Office of Medical Listings Systems Improvement, Social Security What should you comment about? AGENCY: Social Security Administration. Administration, 6401 Security Boulevard, Baltimore, MD 21235–6401, We are interested in any comments ACTION: Advance Notice of Proposed and suggestions on how we might revise Rulemaking. (410) 965–1020. For information on sections 6.00 and 106.00 of our listings. eligibility or filing for benefits, call our For example, we are interested in SUMMARY: We are requesting your national toll-free number, 1–800–772– knowing if: comments on whether and how we 1213 or TTY 1–800–325–0778, or visit • You have concerns about any of the should revise the criteria in our Listings our Internet site, Social Security Online, provisions in the current genitourinary of Impairments (the listings) for at http://www.socialsecurity.gov. impairments listings, such as whether evaluating impairments that affect SUPPLEMENTARY INFORMATION:
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Electronic Version is not currently included, such as other DATES: To be sure that we consider your The electronic file of this document is impairments, additional medical comments, we must receive them by no available on the date of publication in technologies, specific laboratory studies, later than January 11, 2010. the Federal Register at http:// or new medical criteria. ADDRESSES • : You may submit comments www.gpoaccess.gov/fr/index.html. You believe our impairments that by any one of three methods—Internet, affect multiple body systems listings What is the purpose of this Advance fax, or mail. Do not submit the same should include functional criteria and comments multiple times or by more Notice of Proposed Rulemaking what those criteria should be. (ANPRM)? than one method. Regardless of which Will we respond to your comments method you choose, please state that This ANPRM gives you an from this notice? your comments refer to Docket No. opportunity to send us comments and SSA–2009–0057 so that we may We will not respond directly to the suggestions on whether and how we associate your comments with the comments you send in response to this might update and revise the listings and correct regulation. other criteria in sections 10.00 and ANPRM. After we have considered all Caution: You should be careful to 110.00 for evaluating impairments that comments and suggestions, as well as include in your comments only affect multiple body systems. We last information about advances in medical information that you wish to make published final rules revising the knowledge, treatment, and methods of publicly available. We strongly urge you criteria that we use to evaluate evaluating impairments that affect not to include in your comments any impairments that affect multiple body multiple body systems, and our program personal information, such as Social systems on August 30, 2005. 70 FR experience using the current listings, we Security numbers or medical 51252. We are publishing this ANPRM will determine whether we should information. as part of our ongoing effort to ensure revise any of the listings or other criteria that our criteria reflect the latest in sections 10.00 or 110.00. If we decide 1. Internet: We strongly recommend advances in medicine. to propose specific revisions, we will that you submit your comments via the publish a Notice of Proposed Internet. Please visit the Federal On which rules are we inviting Rulemaking in the Federal Register and eRulemaking portal at http:// comments and suggestions? you will have a chance to comment on www.regulations.gov. Use the Search You can find our current rules on the revisions we propose. function to find docket number SSA– which we are inviting comments and 2009–0057. The system will issue a suggestions on the Internet at the List of Subjects in 20 CFR Part 404 tracking number to confirm your following locations: Administrative practice and submission. You will not be able to • Sections 10.00 and 110.00 are in the procedure, Blind, Disability benefits, view your comment immediately Listing of Impairments in appendix 1 to Old-Age, Survivors and Disability because we must post each comment subpart P of part 404 of our regulations Insurance, Reporting and recordkeeping manually. It may take up to a week for at http://www.ssa.gov/OP_Home/cfr20/ requirements, Social Security. your comment to be viewable. 404/404-ap10.htm or at http:// Dated: September 28, 2009. 2. Fax: Fax comments to (410) 966– www.ssa.gov/disability/professionals/ Michael J. Astrue, 2830. bluebook/. Commissioner of Social Security. 3. Mail: Mail your comments to the Who should send us comments and [FR Doc. E9–27031 Filed 11–9–09; 8:45 am] Office of Regulations, Social Security Administration, 137 Altmeyer Building, suggestions? BILLING CODE 4191–02–P 6401 Security Boulevard, Baltimore, We invite comments and suggestions Maryland 21235–6401. from people who apply for or receive benefits from us, members of the general SOCIAL SECURITY ADMINISTRATION Comments are available for public public, advocates and organizations viewing on the Federal eRulemaking 20 CFR Part 404 who represent people who have portal at http://www.regulations.gov or in person, during regular business impairments that affect multiple body [Docket No. SSA 2009–0057] systems, State agencies that make hours, by arranging with the contact person identified below. disability determinations for us, experts RIN 0960–AG91 in the evaluation of impairments that FOR FURTHER INFORMATION CONTACT: Jane affect multiple body systems, and Revised Medical Criteria for Evaluating Deweib, Social Insurance Specialist, researchers. Skin Disorders Office of Medical Listings Improvement, Social Security Administration, 6401 What should you comment about? AGENCY: Social Security Administration. Security Boulevard, Baltimore, We are interested in any comments ACTION: Advance Notice of Proposed Maryland 21235–6401, (410) 965–1020. and suggestions on how we might revise Rulemaking. For information on eligibility or filing sections 10.00 and 110.00 of our for benefits, call our national toll-free listings. For example, we are interested SUMMARY: We are requesting your number, 1–800–772–1213 or TTY in knowing if: comments on whether and how we 1–800–325–0778, or visit our Internet • You have concerns about any of the should revise the criteria in our Listing site, Social Security Online, at http:// provisions in the current impairments of Impairments (the listings) for www.socialsecurity.gov. that affect multiple body systems evaluating skin disorders in adults and listings, such as whether you believe we children. We are requesting your SUPPLEMENTARY INFORMATION: should change any of our criteria or comments as part of our ongoing effort Electronic Version whether you believe a listing is difficult to ensure that our listings reflect current to use or to understand. medical knowledge. If we propose The electronic file of this document is • You would like to see our specific revisions, we will publish a available on the date of publication in impairments that affect multiple body Notice of Proposed Rulemaking in the the Federal Register at http:// systems listings include something that Federal Register. www.gpoaccess.gov/fr/index.html.
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What is the purpose of this Advance Will we respond to your comments ADDRESSES: You may submit comments, Notice of Proposed Rulemaking from this notice? identified by Docket No. FDA–2009–N– (ANPRM)? We will not respond directly to the 0435, by any of the following methods: Electronic Submissions This ANPRM gives you an comments you send in response to this ANPRM. After we have considered all Submit electronic comments in the opportunity to send us comments and following way: suggestions on whether and how we comments and suggestions, as well as • information about advances in medical Federal eRulemaking Portal: http:// might revise the listings and other www.regulations.gov. Follow the criteria in sections 8.00 and 108.00 for knowledge, treatment, and methods of evaluating skin disorders, and our instructions for submitting comments. evaluating skin disorders. We last Written Submissions published final rules revising the program experience using the current listings, we will determine whether we Submit written submissions in the criteria that we use to evaluate skin following ways: disorders on June 9, 2004, 69 FR 32260. should revise any of the listings or other • criteria in sections 8.00 or 108.00. If we FAX: 301–827–6870. We are publishing this ANPRM as part • Mail/Hand delivery/Courier (for of our ongoing effort to ensure that our decide to propose specific revisions, we will publish a Notice of Proposed paper, disk, or CD–ROM submissions): criteria reflect the latest advances in Division of Dockets Management (HFA– medicine. Rulemaking in the Federal Register and you will have a chance to comment on 305), Food and Drug Administration, On which rules are we inviting the revisions we propose. 5630 Fishers Lane, Rm. 1061, Rockville, comments and suggestions? MD 20852. List of Subjects in 20 CFR Part 404 To ensure more timely processing of You can find our current rules on Administrative practice and comments, FDA is no longer accepting which we are inviting comments and procedure, Blind, Disability benefits, comments submitted to the agency by e- suggestions on the Internet at the Old-Age, Survivors and Disability mail. FDA encourages you to continue following locations: Insurance, Reporting and recordkeeping to submit electronic comments by using • Sections 8.00 and 108.00 are in the requirements, Social Security. the Federal eRulemaking Portal, as described previously, in the ADDRESSES Listing of Impairments in appendix 1 to Dated: September 28, 2009. portion of this document under subpart P of part 404 of our regulations Michael J. Astrue, at http://www.ssa.gov/OP_Home/cfr20/ Electronic Submissions. Commissioner of Social Security. 404/404-ap10.htm or at http:// Instructions: All submissions received www.ssa.gov/disability/professionals/ [FR Doc. E9–27033 Filed 11–9–09; 8:45 am] must include the agency name and bluebook/. BILLING CODE 4191–02–P docket number for this rulemaking. All comments received may be posted Who should send us comments and without change to http:// suggestions? DEPARTMENT OF HEALTH AND www.regulations.gov, including any HUMAN SERVICES We invite comments and suggestions personal information provided. For additional information on submitting from people who apply for or receive Food and Drug Administration benefits from us, members of the general comments, see the ‘‘Comments’’ heading of the SUPPLEMENTARY INFORMATION public, advocates and organizations 21 CFR Part 4 who represent people who have skin section of this document. disorders, State agencies that make [Docket No. FDA–2009–N–0435] Docket: For access to the docket to disability determinations for us, experts read background documents or Current Good Manufacturing Practice in the evaluation of skin disorders, and comments received, go to http:// Requirements for Combination researchers. www.regulations.gov and insert the Products; Extension of Comment docket number, found in brackets in the What should you comment about? Period heading of this document, into the ‘‘Search’’ box and follow the prompts We are interested in any comments AGENCY: Food and Drug Administration, and/or go to the Division of Dockets and suggestions on how we might revise HHS. Management, 5630 Fishers Lane, Rm. sections 8.00 and 108.00 of our listings. ACTION: Proposed rule; extension of 1061, Rockville, MD 20852. For example, we are interested in comment period. knowing if: FOR FURTHER INFORMATION CONTACT: John • SUMMARY: The Food and Drug Barlow Weiner, Office of Combination You have concerns about any of the Administration (FDA) is extending to Products (HFG–3), Food and Drug provisions in the current skin February 5, 2010, the comment period Administration, 15800 Crabbs Branch impairments listings, such as whether for the proposed rule that appeared in Way, Suite 200, Rockville, MD 20855 you believe we should change any of the Federal Register of September 23, 301–427–1934. our criteria or whether you believe a 2009. In the proposed rule, FDA SUPPLEMENTARY INFORMATION: listing is difficult to use or to requested comments on current good understand. manufacturing practice (CGMP) I. Background • You would like to see our skin requirements applicable to combination In the Federal Register of September impairments listings include something products. The agency is taking this 23, 2009 (74 FR 48423), FDA published that is not there now, such as other skin action in response to requests for an a proposed rule with a 90-day comment disorders, additional medical extension to allow interested persons period to request comments on CGMP technologies, specific laboratory studies, additional time to submit comments. requirements applicable to combination or new medical criteria. DATES: The comment period for the products. Comments on the proposed • You believe our skin impairments proposed rule publishied September 23, rule will inform FDA’s rulemaking to listings should include functional 2009 (74 FR 48423), is extended. Submit establish regulations for current good criteria and, if so, what those criteria electronic or written comments by manufacturing practices for should be. February 5, 2010. combination products.
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The agency has received requests for • Additional meetings are planned for starch, flour, feed, grain, fertilizer, a 45-day extension of the comment early 2010, and will be announced in tobacco, paper, soap, rubber, drugs, period for the proposed rule. Each one or more subsequent notices. dried blood, dyes, certain textiles, and request conveyed concern that the ADDRESSES: metals (such as aluminum and current 90-day comment period does magnesium). Industries that may have not allow sufficient time to develop a I. Registration combustible dust hazards include, meaningful or thoughtful response to Submit your notice of intent to among others: Animal food the proposed rule. participate in one of the scheduled or manufacturing, grain handling, food FDA has considered the requests and future stakeholder meetings by one of manufacturing, wood product is extending the comment period for the the following: manufacturing, chemical proposed rule for 45 days, until • Electronic. Register at https:// manufacturing, textile manufacturing, February 5, 2010. The agency believes www2.ergweb.com/projects/ furniture manufacturing, metal that a 45-day extension allows adequate conferences/osha/register-osha- processing, fabricated metal products time for interested persons to submit stakeholder.htm (follow the instructions and machinery manufacturing, pesticide comments without significantly online). manufacturing, pharmaceutical delaying rulemaking on these important • Facsimile. Fax your request to: manufacturing, tire manufacturing, issues. (781) 674–2906, and label it ‘‘Attention: production of rubber and plastics, plastics and rubber products II. Request for Comments OSHA Combustible Dust Stakeholder Meeting Registration.’’ manufacturing, recycling, wastewater Interested persons may submit to the • Regular mail, express delivery, treatment, and coal handling. Division of Dockets Management (see hand (courier) delivery, and messenger OSHA is developing a standard that ADDRESSES) electronic or written service. Send your request to: ERG, Inc., will comprehensively address the fire comments on this document. Submit a 110 Hartwell Avenue, Lexington, MA and explosion hazards of combustible single copy of electronic comments or 02421; Attention: OSHA Combustible dust. The Agency has issued an two paper copies of any mailed Dust Stakeholder Meeting Registration. Advanced Notice of Proposed comments, except that individuals may Rulemaking (ANPR) (74 FR 54334) submit one paper copy. Comments are II. Meetings requesting comments, including data to be identified with the docket number The December 14, 2009, meetings will and other information, on issues related found in brackets in the heading of this be held at the Marriott at Metro Center, to the hazards of combustible dust in document. Received comments may be 775 12th Street, NW., Washington, DC, the workplace. OSHA plans to use the seen in the Division of Dockets 20005. information received in response to the Management between 9 a.m. and 4 p.m., The 2010 meeting dates and locations ANPR and at the stakeholder meetings Monday through Friday. will be announced in one or more in developing a proposed standard for Dated: November 4, 2009. subsequent notices. combustible dust. David Horowitz, FOR FURTHER INFORMATION CONTACT: II. Stakeholder Meetings Information regarding this notice is Assistant Commissioner for Policy. The stakeholder meetings will be [FR Doc. E9–26966 Filed 11–9–09; 8:45 am] available from the following sources: • Press inquiries. Contact Jennifer conducted as a group discussion on BILLING CODE 4160–01–S Ashley, Director, OSHA Office of views, concerns, and issues surrounding Communications, Room N–3647, U.S. the hazards of combustible dust. To Department of Labor, 200 Constitution facilitate as much group interaction as DEPARTMENT OF LABOR Avenue, NW., Washington, DC 20210; possible, formal presentations will not telephone: (202) 693–1999. be permitted. Formal input should be Occupational Safety and Health • General and technical information. submitted as indicated in the ANPR Administration Contact Don Pittenger, Director, Office referenced earlier in this notice. OSHA of Safety Systems, OSHA Directorate of believes the stakeholder meeting 29 CFR Part 1910 Standards and Guidance, Room N–3609, discussion should center on major issues such as: U.S. Department of Labor, 200 • RIN 1218–AC41 Constitution Avenue, NW., Washington, Possible regulatory approaches. • Scope. DC 20210; telephone: (202) 693–2255. • Combustible Dust • Organization of a prospective Copies of this Federal Register standard. AGENCY: Occupational Safety and Health notice. Electronic copies are available at • The role of consensus standards. Administration (OSHA), Labor. http://www.regulations.gov. This • Economic impacts. ACTION: Notice of stakeholder meetings. Federal Register notice, as well as news • Additional topics as time permits. releases and other relevant information, OSHA plans to hold additional SUMMARY: OSHA invites interested also are available on the OSHA Web meetings in the early part of 2010, after parties to participate in informal page at http://www.osha.gov. the ANPR comment period has closed stakeholder meetings on the workplace SUPPLEMENTARY INFORMATION: and the Agency has begun to analyze hazards of combustible dust. OSHA the comments received. One or more plans to use the information gathered at I. Background additional notices will be published these meetings in developing a The hazards of combustible dust with the information for those meetings. proposed standard for combustible dust. encompass a wide array of materials, Stakeholders interested in participating DATES: Dates and locations for the industries, and processes. Any in a 2010 meeting may express their stakeholder meetings are: combustible material can burn rapidly intent through one of the methods • December 14, 2009, at 9 a.m., in when in a finely divided form. Materials specified in the ADDRESSES section of Washington, DC. that may form combustible dust include, this notice under Registration. You will • December 14, 2009, at 1 p.m., in but are not limited to, wood, coal, be contacted regarding the dates and Washington, DC. plastics, biosolids, candy, sugar, spice, locations of the future meetings.
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III. Public Participation IV. Authority and Signature Federal holidays. The telephone number Approximately 35 participants will be This document was prepared under is 202–366–9329. accommodated in each meeting, and the direction of Jordan Barab, Acting To avoid duplication, please use only three hours will be allotted for each Assistant Secretary of Labor for one of these methods. See the ‘‘Public meeting. Members of the general public Occupational Safety and Health, U.S. Participation and Request for may observe, but not participate in, the Department of Labor, pursuant to Comments’’ portion of the meetings on a first-come, first-served sections 4, 6, and 8 of the Occupational SUPPLEMENTARY INFORMATION section basis as space permits. OSHA staff will Safety and Health Act of 1970 (29 U.S.C. below for instructions on submitting be present to take part in the 653, 655, 657), 29 CFR part 1911, and comments. discussions. Logistics for the meetings Secretary’s Order 5–2007 (72 FR 31160). FOR FURTHER INFORMATION CONTACT: If are being managed by Eastern Research Signed at Washington, DC, on November you have questions on this proposed Group, which will provide a facilitator 5th, 2009. rule, call or e-mail Lindsey Middleton, and compile notes summarizing the Jordan Barab, Bridge Administration Branch, Eighth discussion; these notes will not identify Coast Guard District; telephone 504– individual speakers. ERG also will make Acting Assistant Secretary of Labor for Occupational Safety and Health. 671–2128, e-mail an audio recording of each session to [email protected]. If you [FR Doc. E9–27003 Filed 11–9–09; 8:45 am] ensure that the summary notes are have questions on viewing or submitting accurate; these recordings will not be BILLING CODE 4510–26–P material to the docket, call Renee V. transcribed. The summary notes will be Wright, Program Manager, Docket posted on the docket for the Operations, telephone 202–366–9826. DEPARTMENT OF HOMELAND Combustible Dust ANPR, Docket ID: SUPPLEMENTARY INFORMATION: OSHA2009–0023, available at the Web SECURITY site http://www.regulations.gov. Public Participation and Request for The meetings are as follows: Coast Guard Comments • December 14, 2009, 9 a.m., Marriott 33 CFR Part 117 We encourage you to participate in at Metro Center, 775 12th Street, NW., this rulemaking by submitting Washington, DC 20005. [Docket No. USCG–2009–0686] comments and related materials. All • December 14, 2009, 1 p.m., Marriott RIN 1625–AA09 comments received will be posted, at Metro Center, 775 12th Street, NW., without change to http:// Washington, DC 20005. www.regulations.gov and will include • The 2010 meeting dates and Drawbridge Operation Regulation; any personal information you have locations will be announced in one or Lower Grand River, Iberville Parish, LA provided. more subsequent notices. AGENCY: Coast Guard, DHS. You may submit notice of intent to ACTION: Notice of proposed rulemaking. Submitting Comments participate in one of the stakeholder If you submit a comment, please meetings electronically, by facsimile, or SUMMARY: The Coast Guard proposes to include the docket number for this by hard copy. See the ADDRESSES section change the regulations governing the rulemaking (USCG–2009–0686), of this notice for the registration Web operation of the LA 75 pontoon bridge indicate the specific section of this site, facsimile number, and address. To and the LA 77 swing bridge across the document to which each comment register electronically, follow the Lower Grand River, mile 38.4 and 47.0 applies, and provide a reason for each instructions provided on the Web site. respectively, in Iberville Parish, suggestion or recommendation. You To register by mail or facsimile, please Louisiana. The Iberville Parish School may submit your comments and indicate the following: Board has requested that the operating material online (http:// • Name, address, phone, fax, and e- regulations of these bridges be changed www.regulations.gov), or by fax, mail or mail. to allow an additional 30 minutes to the • hand delivery, but please use only one First and second preferences of end of each scheduled closure period to meeting time. of these means. If you submit a • provide more time for school buses to comment online via http:// Organization for which you work. transit across the bridge. • Organization you represent (if www.regulations.gov, it will be different). DATES: Comments, requests for public considered received by the Coast Guard • Stakeholder category: government, meetings, and related material must be when you successfully transmit the industry, standards-developing received by the Coast Guard on or before comment. If you fax, hand deliver, or organization, research or testing agency, January 11, 2010. mail your comment, it will be union, trade association, insurance, fire ADDRESSES: You may submit comments considered as having been received by protection equipment manufacturer, identified by docket number USCG– the Coast Guard when it is received at consultant, or other (if other, please be 2009–0686 using any one of the the Docket Management Facility. We specific). following methods: recommend that you include your name • Industry sector (if applicable): (1) Federal eRulemaking Portal: and a mailing address, an e-mail metals, wood products, grain or wet http://www.regulations.gov. address, or a phone number in the body corn milling, food (including sugar), (2) Fax: 202–493–2251. of your document so that we can contact pharmaceutical or chemical (3) Mail: Docket Management Facility you if we have questions regarding your manufacturing, paper products, rubber (M–30), U.S. Department of submission. or plastics, coal, or other (if other, Transportation, West Building Ground To submit your comment online, go to please be specific). Floor, Room W12–140, 1200 New Jersey http://www.regulations.gov, click on the Electronic copies of this Federal Avenue, SE., Washington, DC 20590– ‘‘submit a comment’’ box, which will Register notice, as well as news releases 0001. then become highlighted in blue. In the and other relevant documents, are (4) Hand Delivery: Same as mail ‘‘Document Type’’ drop down menu available on the OSHA Web page at: address above, between 9 a.m. and select ‘‘Proposed Rules’’ and insert http://www.osha.gov. 5 p.m., Monday through Friday, except ‘‘USCG–2009–0686’’ in the ‘‘Keyword’’
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box. Click ‘‘Search’’ then click on the scheduled closure period to provide drawbridge operating regulation is balloon shape in the ‘‘Actions’’ column. more time for school buses to transit warranted. If you submit your comments by mail or across the bridge. Extra time is now Regulatory Analyses hand delivery, submit them in an needed because one of Iberville Parish’s unbound format, no larger than 81⁄2 by high schools has been closed. As a We developed this proposed rule after 11 inches, suitable for copying and result, students have been redistricted considering numerous statutes and electronic filing. If you submit them by creating the need for buses to have more executive orders related to rulemaking. mail and would like to know that they time to transit the students over the Below we summarize our analyses reached the facility, please enclose a bridges to get to and from school. based on 13 of these statutes or stamped, self-addressed postcard or Presently, 33 CFR 117.478 (a) states: executive orders. The draw of the LA 75 bridge, mile 38.4 envelope. We will consider all Regulatory Planning and Review comments and material received during (Alternate Route) at Bayou Sorrel, shall the comment period and may change open on signal; except that, from about This proposed rule is not a the rule based on your comments. August 15 to about June 5 (the school ‘‘significant regulatory action’’ under year), the draw need not be opened from section 3(f) of Executive Order 12866, Viewing Comments and Documents 6 a.m. to 7:30 a.m. and from 3 p.m. to Regulatory Planning and Review, and To view comments, as well as 4:30 p.m., Monday through Friday does not require an assessment of documents mentioned in this preamble except holidays. The draw shall open on potential costs and benefits under as being available in the docket, go to signal at any time for an emergency section 6(a)(3) of that Order. The Office http://www.regulations.gov, click on the aboard a vessel. of Management and Budget has not ‘‘read comments’’ box, which will then Presently, 33 CFR 117.478 (b) states: reviewed it under that Order. become highlighted in blue. In the The draw of the LA 77 bridge, mile 47.0 We expect the economic impact of ‘‘Keyword’’ box insert ‘‘USCG–2009– (Alternate Route) at Grosse Tete, shall this proposed rule to be so minimal that 0686’’ and click ‘‘Search.’’ Click the open on signal; except that from about a full Regulatory Evaluation is ‘‘Open Docket Folder’’ in the ‘‘Actions’’ August 15 to about June 5 (the school unnecessary. The proposed changes column. You may also visit either the year), the draw need not be opened from would allow the bridges to remain Docket Management Facility in Room 6 a.m. to 8 a.m. and from 2:30 p.m. to closed-to-navigation for an additional 30 W12–140 on the ground floor of the 4:30 p.m., Monday through Friday minutes in the morning and afternoon. Department of Transportation West except Federal holidays. The draw shall Very few vessels will be impacted or Building, 1200 New Jersey Avenue, SE., open on signal at any time for an backed up, and those few vessels should Washington, DC 20590, between 9 a.m. emergency aboard a vessel. be able to modify their transit times accordingly. and 5 p.m., Monday through Friday, Discussion of Proposed Rule except Federal holidays. We have an Small Entities agreement with the Department of The proposed changes will allow the Transportation to use the Docket bridges to operate as follows: The draw Under the Regulatory Flexibility Act of the LA 75 bridge, mile 38.4 (Alternate Management Facility. (5 U.S.C. 601–612), we have considered Route) at Bayou Sorrel, shall open on whether this proposed rule would have Privacy Act signal; except that, from about August a significant economic impact on a Anyone can search the electronic 15 to about June 5 (the school year), the substantial number of small entities. form of comments received into any of draw need not be opened from 6 a.m. to The term ‘‘small entities’’ comprises our dockets by the name of the 8 a.m. and from 3 p.m. to 5 p.m., small businesses, not-for-profit individual submitting the comment (or Monday through Friday except organizations that are independently signing the comment, if submitted on holidays. The draw shall open on signal owned and operated and are not behalf of an association, business, labor at any time for an emergency aboard a dominant in their fields, and union, etc.). You may review a Privacy vessel. The draw of the LA 77 bridge, governmental jurisdictions with Act notice regarding our public dockets mile 47.0 (Alternate Route) at Grosse populations of less than 50,000. in the January 17, 2008, issue of the Tete, shall open on signal; except that The Coast Guard certifies under 5 Federal Register (73 FR 3316). from about August 15 to about June 5 U.S.C. 605(b) that this proposed rule (the school year), the draw need not be would not have a significant economic Public Meeting opened from 6 a.m. to 8:30 a.m. and impact on a substantial number of small We do not now plan to hold a public from 2:30 p.m. to 5 p.m., Monday entities. meeting. But you may submit a request through Friday except Federal holidays. The proposed rule would affect the for one using one of the four methods The draw shall open on signal at any following entities, some of which might specified under ADDRESSES. Please time for an emergency aboard a vessel. be small entities: The owners or explain why one would be beneficial. If A Test Deviation, following the operators of vessels needing to transit we determine that one would aid this aforementioned operating schedules through the LA 75 bridge from 6 a.m. to rulemaking, we will hold one at a time under docket number USCG–2009– 8 a.m. and from 3 p.m. to 5 p.m. on and place announced by a later notice 0686, is being issued in conjunction weekdays and the owners or operators in the Federal Register. with this Notice of Proposed of vessels needing to transit through the Rulemaking to test the proposed LA 77 bridge from 6 a.m. to 8:30 a.m. Background and Purpose schedules and to obtain data and public and from 2:30 p.m. to 5 p.m. on The Iberville Parish School Board has comments. The test period will be in weekdays. Due to the minimal time requested a change in the operation effect from November 25, 2009 until adjustment of each bridge closure there regulation for the LA 75 pontoon bridge December 28, 2009. The Coast Guard should only be a small number of and the LA 77 swing bridge across the will review the logs of the drawbridges vessels that may be impacted by the Lower Grand River, mile 38.4 and 47.0, and evaluate public comments for this proposed rule. respectively, in Iberville Parish, Notice of Proposed Rulemaking and the This action will not have a significant Louisiana. The change would add an above referenced Temporary Deviation economic impact on a substantial additional 30 minutes to the end of each to determine if a permanent special number of small entities for the
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following reasons: This rule will be in Though this proposed rule will not voluntary consensus standards in their effect for only 30 additional minutes in result in such an expenditure, we do regulatory activities unless the agency the morning and in the afternoon on discuss the effects of this rule elsewhere provides Congress, through the Office of weekdays when school is in session. in this preamble. Management and Budget, with an Once that time period has ended, explanation of why using these Taking of Private Property vessels can safely transit through the standards would be inconsistent with bridge. Before the effective period, we This proposed rule would not effect a applicable law or otherwise impractical. will issue maritime advisories which taking of private property or otherwise Voluntary consensus standards are will be widely available to users of the have taking implications under technical standards (e.g., specifications river. Executive Order 12630, Governmental of materials, performance, design, or If you think that your business, Actions and Interference with operation; test methods; sampling organization, or governmental Constitutionally Protected Property procedures; and related management jurisdiction qualifies as a small entity Rights. systems practices) that are developed or and that this rule would have a Civil Justice Reform adopted by voluntary consensus significant economic impact on it, standards bodies. please submit a comment (see This proposed rule meets applicable This proposed rule does not use ADDRESSES) explaining why you think it standards in sections 3(a) and 3(b)(2) of technical standards. Therefore, we did qualifies and how and to what degree Executive Order 12988, Civil Justice not consider the use of voluntary this rule would economically affect it. Reform, to minimize litigation, consensus standards. eliminate ambiguity, and reduce Assistance for Small Entities burden. Environment Under section 213(a) of the Small We have analyzed this proposed rule Protection of Children Business Regulatory Enforcement under Department of Homeland Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this proposed rule Security Management Directive 023–01, we want to assist small entities in under Executive Order 13045, and Commandant Instruction understanding this proposed rule so that Protection of Children from M16475.lD which guides the Coast they can better evaluate its effects on Environmental Health Risks and Safety Guard in complying with the National them and participate in the rulemaking. Risks. This rule is not an economically Environmental Policy Act of 1969 If the rule would affect your small significant rule and would not create an (NEPA) (42 U.S.C. 4321–4370f), and business, organization, or governmental environmental risk to health or risk to have made a preliminary determination jurisdiction and you have questions safety that might disproportionately that this action is one of a category of concerning its provisions or options for affect children. actions which do not individually or compliance, please contact Lindsey Indian Tribal Governments cumulatively have a significant effect on Middleton, Bridge Administration the human environment because it Branch, at 504–671–2128 or e-mail at This proposed rule does not have simply promulgates the operating [email protected]. The tribal implications under Executive regulations or procedures for Coast Guard will not retaliate against Order 13175, Consultation and drawbridges. We seek any comments or small entities that question or complain Coordination with Indian Tribal information that may lead to the about this proposed rule or any policy Governments, because it would not have discovery of a significant environmental or action of the Coast Guard. a substantial direct effect on one or impact from this proposed rule. more Indian tribes, on the relationship Collection of Information between the Federal Government and List of Subjects in 33 CFR Part 117 This proposed rule would call for no Indian tribes, or on the distribution of Bridges. new collection of information under the power and responsibilities between the For the reasons discussed in the Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. preamble, the Coast Guard proposes to U.S.C. 3501–3520). Energy Effects amend 33 CFR part 117 as follows: Federalism We have analyzed this proposed rule PART 117—DRAWBRIDGE A rule has implications for federalism under Executive Order 13211, Actions OPERATION REGULATIONS under Executive Order 13132, Concerning Regulations That Federalism, if it has a substantial direct Significantly Affect Energy Supply, 1. The authority citation for part 117 effect on State or local governments and Distribution, or Use. We have continues to read as follows: would either preempt State law or determined that it is not a ‘‘significant Authority: 33 U.S.C. 499; 33 CFR 1.05–1; impose a substantial direct cost of energy action’’ under that order because Department of Homeland Security Delegation compliance on them. We have analyzed it is not a ‘‘significant regulatory action’’ No. 0170.1. this proposed rule under that Order and under Executive Order 12866 and is not 2. In § 117.478 revise paragraph (a) have determined that it does not have likely to have a significant adverse effect and paragraph (b) to read as follows: implications for federalism. on the supply, distribution, or use of energy. The Administrator of the Office § 117.478 Lower Grand River. Unfunded Mandates Reform Act of Information and Regulatory Affairs (a) The draw of the LA 75 bridge, mile The Unfunded Mandates Reform Act has not designated it as a significant 38.4 (Alternate Route) at Bayou Sorrel, of 1995 (2 U.S.C. 1531–1538) requires energy action. Therefore, it does not shall open on signal; except that from Federal agencies to assess the effects of require a Statement of Energy Effects about August 15 to about June 5 (the their discretionary regulatory actions. In under Executive Order 13211. school year), the draw need not be particular, the Act addresses actions opened from 6 a.m. to 8 a.m. and from that may result in the expenditure by a Technical Standards 3 p.m. to 5 p.m., Monday through State, local, or tribal government, in the The National Technology Transfer Friday except holidays. The draw shall aggregate, or by the private sector of and Advancement Act (NTTAA) (15 open on signal at any time for an $100,000,000 or more in any one year. U.S.C. 272 note) directs agencies to use emergency aboard a vessel.
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(b) The draw of the LA 77 bridge, mile West Jackson Boulevard, Chicago, ENVIRONMENTAL PROTECTION 47.0 (Alternate Route) at Grosse Tete, Illinois 60604. Such deliveries are only AGENCY shall open on signal; except that, from accepted during the Regional Office about August 15 to about June 5 (the normal hours of operation, and special 40 CFR Part 52 school year), the draw need not be arrangements should be made for opened from 6 a.m. to 8:30 a.m. and [EPA–R04–OAR–2005–AL–0002–200924; deliveries of boxed information. The FRL–8979–7] from 2:30 p.m. to 5 p.m., Monday Regional Office official hours of through Friday except Federal holidays. business are Monday through Friday, Approval and Promulgation of The draw shall open on signal at any 8:30 a.m. to 4:30 p.m. excluding Federal Implementation Plans: Alabama: time for an emergency aboard a vessel. holidays. Proposed Approval of Revisions to the * * * * * Visible Emissions Rule and Alternative Please see the direct final rule which is Proposed Disapproval of Revisions to Dated: October 14, 2009. located in the Rules section of this J.E. Tunstall, the Visible Emissions Rule; Extension Federal Register for detailed of Comment Period Captain, U.S. Coast Guard Commander, 8th instructions on how to submit Coast Guard District, Acting. comments. AGENCY: Environmental Protection [FR Doc. E9–26985 Filed 11–9–09; 8:45 am] Agency (EPA). BILLING CODE 4910–15–P FOR FURTHER INFORMATION CONTACT: Matt ACTION: Proposed rule; extension of Rau, Environmental Engineer, Criteria comment period. Pollutant Section, Air Programs Branch ENVIRONMENTAL PROTECTION (AR–18J), Environmental Protection SUMMARY: EPA is announcing an AGENCY Agency, Region 5, 77 West Jackson extension of the public comment period Boulevard, Chicago, Illinois 60604, for the proposed rule entitled ‘‘Approval 40 CFR Part 52 (312) 886–6524, [email protected]. and Promulgation of Implementation Plans; Alabama: Proposed Approval of [EPA–R05–OAR–2008–0783; FRL–8972–1] SUPPLEMENTARY INFORMATION: In the Revisions to the Visible Emissions Rule Final Rules section of this Federal Approval and Promulgation of Air and Alternative Proposed Disapproval Quality Implementation Plans; Indiana Register, EPA is approving the State’s of Revisions to the Visible Emissions SIP submittal as a direct final rule Rule.’’ The proposed rule was initially AGENCY: Environmental Protection without prior proposal because the published in the Federal Register on Agency (EPA). Agency views this as a noncontroversial October 2, 2009. Written comments on ACTION: Proposed rule. submittal and anticipates no adverse the proposed rule were to be submitted comments. A detailed rationale for the to EPA on or before November 16, 2009 SUMMARY: EPA is proposing to approve approval is set forth in the direct final (45-day comment period). EPA is sulfur dioxide, particulate matter, and rule. If no adverse comments are extending the public comment period nitrogen oxides emission limitations received in response to this rule, no until December 16, 2009. and related requirements for a Warrick further activity is contemplated. If EPA DATES: The comment period for the County electrical generating unit. The receives adverse comments, the direct proposed rule published on October 2, provisions, which will be added for the final rule will be withdrawn and all 2009 (74 FR 50930), is extended. Southern Indiana Gas and Electric public comments received will be Comments must be received on or Company’s F.B. Culley Generating addressed in a subsequent final rule before December 16, 2009. Station, are contained in a Federal consent decree. Indiana requested based on this proposed rule. EPA will ADDRESSES: Submit your comments, revising its State Implementation Plan not institute a second comment period. identified by Docket ID No. EPA–R04– (SIP) to include the provisions on Any parties interested in commenting OAR–2005–AL–0002, by one of the September 11, 2008. Adding these on this action should do so at this time. following methods: limitations will strengthen the Indiana Please note that if EPA receives adverse 1. http://www.regulations.gov: Follow SIP. comment on an amendment, paragraph, the on-line instructions for submitting or section of this rule and if that comments. DATES: Comments must be received on provision may be severed from the 2. E-mail: [email protected]. or before December 10, 2009. remainder of the rule, EPA may adopt 3. Fax: 404–562–9019. ADDRESSES: Submit your comments, as final those provisions of the rule that 4. Mail: ‘‘EPA–R04–OAR–2005–AL– identified by Docket ID No. EPA–R05– are not the subject of an adverse 0002,’’ Regulatory Development Section, OAR–2008–0783, by one of the comment. For additional information, Air Planning Branch, Air, Pesticides and following methods: see the direct final rule which is located Toxics Management Division, U.S. 1. http://www.regulations.gov: Follow Environmental Protection Agency, in the Rules section of this Federal the on-line instructions for submitting Region 4, 61 Forsyth Street, SW., Register. comments. Atlanta, Georgia 30303–8960. 2. E-mail: [email protected]. Dated: October 13, 2009. 5. Hand Delivery or Courier: Lynorae 3. Fax: (312) 692–2551. Walter W. Kovalick Jr., Benjamin, Regulatory Development 4. Mail: John M. Mooney, Chief, Acting Regional Administrator, Region 5. Section, Air Planning Branch, Air, Criteria Pollutant Section, Air Programs [FR Doc. E9–26950 Filed 11–9–09; 8:45 am] Pesticides and Toxics Management Branch (AR–18J), U.S. Environmental Division, U.S. Environmental Protection Protection Agency, 77 West Jackson BILLING CODE 6560–50–P Agency, Region 4, 61 Forsyth Street, Boulevard, Chicago, Illinois 60604. SW., Atlanta, Georgia 30303–8960. Such 5. Hand Delivery: John M. Mooney, deliveries are only accepted during the Chief, Criteria Pollutant Section, Air Regional Office’s normal hours of Programs Branch (AR–18J), U.S. operation. The Regional Office’s official Environmental Protection Agency, 77 hours of business are Monday through
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Friday, 8:30 to 4:30, excluding Federal requests that, if at all possible, you rule. FEMA seeks to correct and clarify holidays. contact the person listed in the FOR that statement. Instructions: Direct your comments to FURTHER INFORMATION CONTACT section to FOR FURTHER INFORMATION CONTACT: Docket ID No. ‘‘EPA–R04–OAR–2005– schedule your inspection. The Regional Kevin C. Long, Acting Chief, AL–0002.’’ EPA’s policy is that all Office’s official hours of business are Engineering Management Branch, comments received will be included in Monday through Friday, 8:30 to 4:30, Mitigation Directorate, Federal the public docket without change and excluding Federal holidays. Emergency Management Agency, 500 C may be made available online at FOR FURTHER INFORMATION CONTACT: Ms. Street, SW., Washington, DC 20472, http://www.regulations.gov, including Lynorae Benjamin, Chief, Regulatory (202) 646–2820 or (e-mail) any personal information provided, Development Section, Air Planning [email protected]. unless the comment includes Branch, Air, Pesticides and Toxics SUPPLEMENTARY INFORMATION: The information claimed to be Confidential Management Division, Region 4, U.S. Business Information (CBI) or other Federal Emergency Management Agency Environmental Protection Agency, 61 (FEMA) proposes determinations of information whose disclosure is Forsyth Street, SW., Atlanta, Georgia restricted by statute. Do not submit Base (1% annual-chance) Flood 30303–8960. The telephone number is Elevations (BFEs) and modified BFEs for through http://www.regulations.gov or (404) 562–9040. Ms. Benjamin can also e-mail, information that you consider to communities participating in the be reached via electronic mail at National Flood Insurance Program be CBI or otherwise protected. The [email protected]. http://www.regulations.gov Web site is (NFIP), in accordance with section 110 an ‘‘anonymous access’’ system, which SUPPLEMENTARY INFORMATION: The of the Flood Disaster Protection Act of means EPA will not know your identity proposed rule was signed by the Acting 1973, 42 U.S.C. 4104, and 44 CFR or contact information unless you Regional Administrator on September 67.4(a). These proposed BFEs and provide it in the body of your comment. 10, 2009, and published in the Federal modified BFEs, together with the If you send an e-mail comment directly Register on October 2, 2009 (74 FR floodplain management criteria required to EPA without going through http:// 50930). The proposed action provided a by 44 CFR 60.3, are minimum www.regulations.gov, your e-mail 45-day public comment period. EPA has requirements. They should not be address will be automatically captured received a request for an additional 15 construed to mean that the community and included as part of the comment days to comment on the proposed rule must change any existing ordinances that is placed in the public docket and from one requester, and 90 days from that are more stringent in their made available on the Internet. If you another requester. EPA has considered floodplain management requirements. submit an electronic comment, EPA these requests and has decided to The community may at any time enact recommends that you include your extend the comment period an stricter requirements of its own, or name and other contact information in additional 30 days until December 16, pursuant to policies established by other the body of your comment and with any 2009. Federal, State, or regional entities. These proposed elevations are used to disk or CD–ROM you submit. If EPA Dated: November 2, 2009. meet the floodplain management cannot read your comment due to Beverly H. Banister, technical difficulties and cannot contact requirements of the NFIP and are also you for clarification, EPA may not be Acting Regional Administrator, Region 4. used to calculate the appropriate flood able to consider your comment. [FR Doc. E9–27045 Filed 11–9–09; 8:45 am] insurance premium rates for new Electronic files should avoid the use of BILLING CODE 6560–50–P buildings built after these elevations are special characters, any form of made final, and for the contents in these encryption, and be free of any defects or buildings. viruses. For additional information DEPARTMENT OF HOMELAND Need for Corrections about EPA’s public docket visit the EPA SECURITY Docket Center homepage at http:// FEMA is correcting a table in a www.epa.gov/epahome/dockets.htm. Federal Emergency Management proposed rule which published on July Docket: EPA has established a docket Agency 2, 2009, at 74 FR 31656, and correcting for this action under Docket an incorrect statement made in the Identification No. EPA–R04–OAR– 44 CFR Part 67 preamble to a proposed rule that 2005–AL–0002. All documents in the published on July 8, 2009, at 74 FR docket are listed on the http:// [Docket ID FEMA–2008–0020; Internal 32480. On July 2, 2009, FEMA www.regulations.gov index. Although Agency Docket Nos. FEMA–B–1060 and published a proposed rule that FEMA–B–1062] listed in the index, some information is contained two errors: first, a table for not publicly available, i.e., CBI or other Proposed Flood Elevation Black Hawk County, Iowa, and information whose disclosure is Determinations Incorporated Areas contained incorrect restricted by statute. Certain other information; and second, a table for St. material, such as copyrighted material, AGENCY: Federal Emergency Charles County, Missouri, and is not placed on the Internet and will be Management Agency, DHS. Incorporated Areas should not have publicly available only in hard copy ACTION: Proposed rule; correction. been included in the rule and published form. Publicly available docket in error. On July 8, 2009, at 74 FR materials are available either SUMMARY: FEMA is correcting a table for 32480, FEMA published a separate electronically through http:// Black Hawk County, Iowa, and proposed rule which properly addressed www.regulations.gov or in hard copy at Incorporated Areas. Further, on July 8, St. Charles County, Missouri, and the Regulatory Development Section, 2009, FEMA published a proposed rule Incorporated Areas. However, the July 8 Air Planning Branch, Air, Pesticides and that properly addressed St. Charles rule incorrectly indicated that St. Toxics Management Division, U.S. County, Missouri, and Incorporated Charles County had not been included Environmental Protection Agency, Areas, but incorrectly indicated that St. in any previous proposed rule. FEMA Region 4, 61 Forsyth Street, SW., Charles County had not been included seeks to correct and clarify that Atlanta, Georgia 30303–8960. EPA in any previously published proposed statement.
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The July 2, 2009, proposed rule and should not have published at that counties. This statement was inaccurate; contained a table entitled ‘‘Black Hawk time. Base flood elevations for St. as explained above, St. Charles County, County, Iowa, and Incorporated Areas,’’ Charles County properly published in a Missouri, and Incorporated Areas had which contained errors. For flooding subsequent proposed rule on July 8, been inadvertently included in the July source ‘‘Dry Run Creek Diversion,’’ the 2009, at 74 FR 32480; the proposed table 2 rule. However, the inadvertent table contained inaccurate information in the July 8 rule effectively replaced publication of the July 2 table for St. as to the location of referenced the July 2 proposed table. Charles County will not affect FEMA’s elevation, effective and modified The July 8 proposed rule addressed determination to run concurrent elevation in feet, or communities communities in the greater St. Louis, comment and appeal periods for all of affected. Also, for flooding source Missouri, area, that are the subject of an the communities affected by the July 8 ‘‘Ponded Area No. 2, from Elk Run act of Congress that required FEMA to proposed rule. Therefore, counties Creek, landside of levee,’’ the table delay the statutory appeals process, should consider the July 2 tables for St. contained a misspelling for Lafayette required under Section 1363 of the Charles County, Missouri, and Road. FEMA is now publishing a National Flood Insurance Act of 1968, Incorporated Areas withdrawn and revised table for Black Hawk County, until certain publication requirements replaced by the July 8 proposed tables. Iowa, and Incorporated Areas, were met for each of these communities. All comment periods and associated containing the accurate information, to (Consolidated Security, Disaster time deadlines shall be calculated using address these prior errors. The Assistance, and Continuing the dates and information published in information provided in the table below Appropriations Act 2009, Public Law the July 8 proposed rule. should be used in lieu of the table 110–329, Div. B, Sec. 10503, 122 Stat. Correction published on July 2, 2009. 3574, 3593 (2008)). The preamble of the In addition, the July 2, 2009 proposed July 8 proposed rule contained an In the proposed rule published July 2, rule also contained a table entitled, ‘‘St. incorrect statement which FEMA seeks 2009 (74 FR 31656), on page 31658, Charles County, Missouri, and to clarify here. The proposed rule stated revise the table for Black Hawk County, Incorporated Areas.’’ The table was that it was the first publication of Iowa, and Incorporated Areas to read as erroneously included in the July 2 rule, proposed BFEs for the affected Missouri follows:
* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet Flooding source(s) Location of referenced elevation** above ground Communities affected ∧Elevation in meters (MSL) Effective Modified
Black Hawk County, Iowa, and Incorporated Areas
Big Woods Creek ...... Approximately 88 feet upstream of Lone Tree Road ... None +864 City of Cedar Falls, Unin- corporated Areas of Black Hawk County. Just downstream of Cedar-Wapsi Road ...... None +920 Big Woods Creek Upper Di- Approximately 0.5 mile upstream of Mount Vernon None +870 Unincorporated Areas of version. Road. Black Hawk County. Approximately 0.6 mile upstream of Cedar-Wapsi None +875 Road. Black Hawk Creek ...... Just upstream of West Shaulis Road ...... +872 +870 Unincorporated Areas of Black Hawk County, City of Hudson, City of Wa- terloo. Approximately 975 feet downstream of Zaneta Road +890 +891 Cedar River ...... Just upstream of Lone Tree Road and Interstate 218 None +864 City of Cedar Falls. East of Big Woods Road and approximately 0.3 mile None +864 south of Dunkerton Road along Illinois Central Gulf Railroad. Cedar River ...... Approximately 0.6 mile downstream of Interstate 218 +858 +859 City of Cedar Falls, City of Waterloo, Unincor- porated Areas of Black Hawk County. Approximately 2.1 miles upstream of Center Street .... +868 +869 Cedar River Diversion Chan- Approximately 440 feet downstream of State Highway +859 +860 City of Cedar Falls. nel. 57. Approximately 1.3 miles upstream of Illinois Central +864 +865 Railroad. City View Branch ...... Approximately 0.3 mile downstream of Independence +853 +847 City of Waterloo. Avenue. Just downstream of Chicago and North Western Rail- +857 +859 road. Crane Creek ...... Approximately 117 feet downstream of Wheeler Road None +936 Unincorporated Areas of Black Hawk County, City of Dunkerton. Just downstream of East Cedar-Wapsi Road ...... None +967
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet Flooding source(s) Location of referenced elevation** above ground Communities affected ∧Elevation in meters (MSL) Effective Modified
Crossroads Creek ...... Approximately 91 feet downstream of Hess Road ...... None +845 City of Waterloo. Approximately 514 feet upstream of Alexander Drive None +871 Crossroads Creek Diversion Approximately 91 feet downstream of Hess Road ...... +846 +849 City of Waterloo. Approximately 0.3 mile upstream of Sarah Drive ...... +866 +867 Dry Run Creek Diversion ...... Approximately 25 feet upstream of 20th Street ...... +867 +864 City of Cedar Falls. Approximately 225 feet downstream of Seerley Boule- +868 +866 vard. Dry Run Creek at Cedar Approximately 293 feet downstream of Illinois Central +860 +852 City of Cedar Falls. Falls. Gulf Railroad. Approximately 540 feet downstream of U.S. Route 20 +927 +928 Dry Run Creek at Waterloo .. Approximately 664 feet downstream of Commercial #1 #2 City of Waterloo. Street. Approximately 106 feet upstream of Byron Avenue .... +868 +861 Approximately 0.5 mile upstream of Kimball Avenue .. None +942 Maywood Branch ...... Approximately 0.4 mile downstream of Bishop Avenue +856 +855 City of Waterloo. Just upstream of Bishop Avenue ...... +858 +857 Myers Lake ...... West end of lake ...... +826 +838 City of Evansdale. East end of lake ...... +826 +838 Ponded Area No. 2, from Elk North end of ponding area, approximately 0.3 mile +833 +836 City of Evansdale. Run Creek, landside of downstream of Lafayette Road. levee. South end of ponding area, approximately 0.4 mile +833 +836 upstream of Gilbert Road. Ponded Area No.1 from Elk North end of ponding area, approximately 150 feet +831 +836 City of Evansdale. Run Creek, landside of downstream of Gilbert Drive. levee. South end of ponding area, approximately 350 feet +831 +836 upstream of State Route 380. South West Branch of Dry Approximately 279 feet downstream of Main Street .... +870 +865 City of Cedar Falls. Run Creek. Approximately 1.8 miles upstream of Future Greenhill +917 +921 Road. Stream No. 13 ...... Approximately 1.0 mile downstream of Wagner Road +857 +856 City of Waterloo. Approximately 364 feet upstream of Airline Highway .. +864 +863 Stream No. 36 ...... Approximately 1.0 mile downstream of Wagner Road +864 +863 City of Waterloo, Unincor- porated Areas of Black Hawk County. Approximately 0.4 mile downstream of Dunkerton None +870 Road. Sunnyside Creek ...... Approximately 0.3 mile downstream of Martin Road ... None +855 City of Waterloo. Approximately 130 feet upstream of 4th Street ...... None +878 Sunnyside Creek Bypass ...... Approximately 0.6 mile downstream of Marine Avenue +858 +861 City of Waterloo. Approximately 450 feet upstream of Marine Avenue ... None +869 Unnamed Tributary to Big Just downstream of Dunkerton Road ...... None +864 City of Cedar Falls. Woods Creek. Approximately 408 feet west of Interstate 218 ...... None +864 Unnamed Tributary to Big Approximately 0.5 mile upstream of Mount Vernon None +871 Unincorporated Areas of Woods Creek. Road. Black Hawk County. Just upstream of Dunkerton Road ...... None +871 Unnamed Tributary to Cedar Approximately 182 feet downstream of Dunkerton +863 +864 City of Cedar Falls. River. Road. Just upstream of Lone Tree Road ...... +863 +864 Wolf Creek ...... Approximately 0.6 mile downstream of Bike Path ...... +814 +815 City of La Porte City. Approximately 1.3 miles upstream of Main Street ...... None +824 Wolf Creek Overflow ...... Approximately 0.4 mile downstream of 8th Street ...... +814 +815 City of La Porte City, Unin- corporated Areas of Black Hawk County. Approximately 1.3 miles upstream of Poplar Street .... +822 +823
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet Flooding source(s) Location of referenced elevation** above ground Communities affected ∧Elevation in meters (MSL) Effective Modified
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Cedar Falls Maps are available for inspection at 220 Clay Street, Cedar Falls, IA 50613. City of Dunkerton Maps are available for inspection at 200 Tower Street, Dunkerton, IA 50626. City of Evansdale Maps are available for inspection at 123 North Evans Road, Evansdale, IA 50707. City of Hudson Maps are available for inspection at 525 Jefferson Street, Hudson, IA 50643. City of La Porte City Maps are available for inspection at 202 Main Street, La Porte City, IA 50651. City of Waterloo Maps are available for inspection at 715 Mulberry Street, Waterloo, IA 50703. Unincorporated Areas of Black Hawk County Maps are available for inspection at 316 East 5th Street, Suite 203, Waterloo, IA 50703.
Deborah S. Ingram, tentatively concludes that the LSS rules FOR FURTHER INFORMATION CONTACT: Ted Acting Deputy Assistant Administrator for should be modified to permit incumbent Burmeister, Wireline Competition Mitigation, Mitigation Directorate, LEC ETCs that lose lines to increase Bureau, Telecommunications Access Department of Homeland Security, Federal their LSS, and we seek comment on Policy Division, 202–418–7389 or TTY: Emergency Management Agency. these proposed rule changes. 202–418–0484. [FR Doc. E9–27114 Filed 11–9–09; 8:45 am] DATES: Comments are due on or before SUPPLEMENTARY INFORMATION: This is a BILLING CODE 9110–12–P November 24, 2009 and reply comments synopsis of the Commission’s Notice of are due on or before December 1, 2009. Proposed Rulemaking in WC Docket No. ADDRESSES: You may submit comments, 05–337, FCC 09–89, adopted October 2, FEDERAL COMMUNICATIONS 2009, and released October 9, 2009. The COMMISSION identified by WC Docket No. 05–337, by any of the following methods: complete text of this document is available for inspection and copying 47 CFR Parts 36 and 54 • Federal eRulemaking Portal: http:// during normal business hours in the www.regulations.gov. Follow the [WC Docket No. 05–337; FCC 09–89] FCC Reference Information Center, instructions for submitting comments. • Portals II, 445 12th Street, SW., Room High-Cost Universal Service Support Federal Communications CY–A257, Washington, DC 20554. Commission’s Web Site: http:// AGENCY: Federal Communications The document may also be purchased www.fcc.gov/cgb/ecfs/. Follow the from the Commission’s duplicating Commission. instructions for submitting comments. ACTION: Notice of proposed rulemaking. • contractor, Best Copy and Printing, Inc., E-mail: [email protected], and include 445 12th Street, SW., Room CY–B402, SUMMARY: In this notice of proposed the following words in the body of the Washington, DC 20554, telephone (800) rulemaking, the Commission addresses message, ‘‘get form.’’ A sample form and 378–3160 or (202) 863-2893, facsimile the effect of line loss on universal directions will be sent in response. (202) 863–2898, or via e-mail at: service Local Switching Support (LSS) Include the docket number in the http://www.bcpiweb.com. It is also received by incumbent local exchange subject line of the message. available on the Commission’s Web site • carriers (LECs) that are designated as Mail: Secretary, Federal at: http://www.fcc.gov. eligible telecommunications carriers Communications Commission, 445 12th (ETCs). Pursuant to the LSS mechanism, Street, SW., Washington, DC 20554. Initial Paperwork Reduction Act of an incumbent LEC ETC serving 50,000 • People With Disabilities: Contact 1995 Analysis or fewer lines in a study area may the FCC to request reasonable This notice of proposed rulemaking recover a portion of its switching costs accommodations (accessible format does not contain new, modified, or from the universal service fund. Under documents, sign language interpreters, proposed information collections the Commission’s rules, as an CART, etc.) by e-mail: [email protected] subject to the Paperwork Reduction Act incumbent LEC ETC’s access lines or phone: 202–418–0530 or TTY: 202– of 1995. In addition, therefore, it does increase above certain thresholds, the 418–0432. not contain any new, modified, or amount of LSS it may receive decreases, For detailed instructions for proposed ‘‘information collection but its support does not increase if its submitting comments and additional burden for small business concerns with number of access lines falls below the information on the rulemaking process, fewer than 25 employees’’ pursuant to same thresholds. In this notice of see the SUPPLEMENTARY INFORMATION the Small Business Paperwork Relief proposed rulemaking, the Commission section of this document. Act of 2002.
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Synopsis of the Notice of Proposed charges and a larger DEM weighting Separations Freeze Extension Order, 74 Rulemaking factor allowed more switching costs to FR 23956. be recovered through interstate access 5. Coalition for Equity in Switching Introduction charges. Prior to 1998, the costs Support Petition. The Coalition 1. In this order and notice of proposed allocated to the interstate jurisdiction, contends that there is no clear evidence rulemaking, the Commission addresses including the higher portion allocated of the Commission’s intent to create a the effect of line loss on universal pursuant to DEM weighting, were ‘‘one-way rule’’ that would limit the service Local Switching Support (LSS) recovered through interstate access amount of LSS available to an received by incumbent local exchange charges. incumbent LEC ETC if its number of carriers (LECs) that are designated as 3. In the Universal Service First access lines increased, but would not eligible telecommunications carriers Report and Order, the Commission correspondingly increase its amount of (ETCs). Pursuant to the LSS mechanism, determined that recovering switching LSS if its access lines decreased, and an incumbent LEC ETC serving 50,000 costs allocated based on the weighted that the rules themselves are silent on or fewer lines in a study area may DEM factor through interstate access the treatment of carriers that experience recover a portion of its switching costs charges constituted an implicit support declining line counts. The Coalition from the universal service fund. 47 CFR mechanism disfavored by Congress argues that its proposed clarification, or 54.301. Under the Commission’s rules, when it adopted the in the alternative, an amendment to the as an incumbent LEC ETC’s access lines Telecommunications Act of 1996. Commission’s rules, is necessary to increase above certain thresholds, the Telecommunications Act of 1996, provide incumbent LEC ETCs the level amount of LSS it may receive decreases. Public Law 104–104, 110 Stat. 56 of support consistent with the rationale 47 CFR 36.125, 54.301. In the order (1996). Accordingly, the Commission for LSS, thereby avoiding hardship to portion of this item, the Commission created LSS, which explicitly supports those carriers and inconsistent denies the Coalition for Equity in the additional switching costs allocated treatment of those carriers as compared Switching Support’s (Coalition’s) to the interstate jurisdiction through the to other carriers of similar size. Citing petition seeking clarification that the universal service fund. Universal the Universal Service First Report and Commission’s rules also allow an Service First Report and Order, 62 FR Order, the Coalition argues that the incumbent LEC ETC’s LSS to increase if 32861. LSS retained DEM weighting as Commission has recognized that ‘‘rural the carrier’s access lines decrease below the method of calculating switching carriers generally serve fewer those thresholds. As described below, support with minor modifications. subscribers, serve more sparsely the Commission finds no basis in the Specifically relevant to the discussion populated areas, and do not generally rules or the record of the Commission’s below, the Commission adopted the benefit [as much] from economies of proceedings to support the clarification rule, now codified in nearly identical scale and scope.’’ The Coalition the Coalition seeks. In the notice of language at both § 36.125(j) (governing maintains that the one-way rule proposed rulemaking portion of this the allocation of switching costs) and prevents some small incumbent LEC item, however, the Commission § 54.301 (LSS), that ‘‘if * * * the ETCs from receiving the full amount of tentatively concludes that the LSS rules number of a study area’s access lines LSS intended by the Commission when should be modified to permit incumbent increased or will increase such that it adopted the rule. LEC ETCs that lose lines to increase * * * the weighting factor would be 6. The Coalition also asserts that the their LSS, and the Commission seeks reduced, that lower weighting factor ‘‘best reading’’ of § 36.125(j) is that the comment on these proposed rule shall be applied to the study area’s 1996 one-way rule expired on June 30, 2006. changes. unweighted interstate DEM factor to Specifically, the Coalition notes that, on its face, the rule adopted in the 2006 Background derive a new local switching support factor.’’ 47 CFR 36.125(j). Under this Separations Freeze Order is effective 2. Pursuant to the Commission’s rule section, if an incumbent LEC ETC’s ‘‘during the period * * * through June jurisdictional separations rules, see 47 access lines exceeded the relevant 30, 2006.’’ It asserts that the rule CFR 36.1 et seq., incumbent LECs threshold, the DEM weighting factor therefore ‘‘fails to provide guidance for apportion their switching costs to the would decrease and this would also carriers whose number of access lines interstate jurisdiction based on the ratio decrease the amount of LSS received by decreases below a threshold after June of interstate dial equipment minutes of the incumbent LEC ETC. 30, 2006.’’ It further asserts that because use (DEM) to total DEM. 47 CFR 4. In the 2001 Separations Freeze the Commission did not revise § 36.125 36.125(f). The incumbent LECs then Order, the Commission froze the or specifically discuss LSS eligibility in recover their interstate switching costs jurisdictional allocation factors used by the 2006 Separations Freeze Extension through interstate tariffs, and recover incumbent LECs, while it considered Order, § 36.125 is ambiguous with the remaining intrastate switching costs comprehensive jurisdictional respect to ‘‘what happens after June 30, as provided by the relevant state separations reform. Separations Freeze 2006.’’ The Coalition argues that, given ratemaking authority. Incumbent LECs Order, 66 FR 33202. It codified the this ambiguity, the phrase ‘‘during the serving 50,000 access lines or fewer are extension by adding effective dates, duration of the freeze period’’ in the permitted to allocate a higher portion of ending June 30, 2006, to each of the final sentence of § 36.125(j) should not their switching costs to the interstate relevant rules. In 2006, the Commission be read to include the extended freeze jurisdiction. 47 CFR 36.125(f), (j). The adopted the Separations Freeze period, only the initial freeze period precise amount of the extra allocation Extension Order, extending the effective ending June 30, 2006, as that would be depends on a weighting factor date of the freeze to June 30, 2009, or consistent with the date certain in the determined by the number of access upon completion of comprehensive first sentence. lines served by the incumbent LEC, with jurisdictional separations reform, key thresholds established at 10,000, whichever occurred earlier. 2006 Discussion 20,000, and 50,000 lines. See 47 CFR Separations Freeze Extension Order, 71 7. We deny the Coalition’s petition 36.125(f). A smaller DEM weighting FR 29882. Recently, the Commission seeking clarification that §§ 36.125 and factor allowed fewer switching costs to adopted an order extending the freeze 54.301 of the Commission’s rules allow be recovered through interstate access again, to June 30, 2010. 2009 an incumbent LEC ETC’s DEM
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weighting factor and LSS to increase if (under § 54.301). If the one-way rule intended to adopt a specific rule to the carrier’s access lines decrease below ceased to apply to § 36.125(j), an govern declining numbers in access the thresholds set out in the rules. We incumbent LEC ETC might be able to lines. We do not find, in this case, that do not agree that the existing rules are shift additional switching costs to the silence results in ambiguity, as the ambiguous or otherwise provide a basis interstate jurisdiction if its number of Coalition contends. We further do not for the clarification the Coalition seeks. access lines decreased below a relevant find any basis for applying the rule in 8. We find that the Coalition’s threshold under the part 36 separations a manner that is manifestly contrary to contention that § 36.125(j) did not apply rules, but the one-way rule in the rule’s express language. after June 30, 2006, is not supported by § 54.301(a)(2)(ii) would still apply and Notice of Proposed Rulemaking the record in the Commission’s the carrier could not recover those proceedings. Prior to the adoption of the additional switching costs from LSS 13. The Coalition requests, in the 2009 Separations Freeze Extension under the part 54 universal service alternative, that the Commission amend Order the text of that section stated: rules. We find no evidence that the its rules to permit an incumbent LEC Commission intended such an anomaly. ETC with declining numbers of access If during the period from January 1, 1997, lines to use a higher DEM weighting through June 30, 2006, the number of a study 11. Although the Coalition explicitly area’s access lines increased or will increase argues that the Commission should factor in performing jurisdictional such that, under § 36.125(f) the weighting adopt the Coalition’s interpretation of separations and calculating LSS. We factor would be reduced, that lower the June 30, 2006 limitation on § 36.125 believe that public policy supports weighting factor shall be applied to the study discussed above, many of its arguments doing so. We therefore tentatively area’s 1996 unweighted interstate DEM factor suggest that the Commission should conclude that §§ 36.125(j) and to derive a new local switching support instead clarify that the DEM weighting 54.301(a)(2)(ii) should be amended factor. The study area will restate its Category thresholds were always intended to accordingly. We seek comment on this 3, Local Switching Equipment factor under apply to carriers with either increasing tentative conclusion, on the proposed § 36.125(f) and use that factor for the or decreasing numbers of access lines. rules attached in the appendix, and on duration of the freeze period. 47 CFR the analysis below. We emphasize that 36.125(j) (2008). We find no evidence that the Commission intended its rules to be so this analysis applies only to our current The Coalition argues that, given the construed, nor do we find that the rules consideration of a relatively minor specific date reference in the first contain any ambiguity that would change to an existing rule, and nothing sentence of the paragraph, the ‘‘duration permit such a clarification. The plain herein is intended to reflect or prejudge of the freeze’’ should be read to refer language of § 54.301(a)(2)(ii) refers only our consideration of LSS as part of any only to the initial freeze period and not to increases in line counts, and is silent comprehensive universal service reform. the extended freeze period. It further on decreases in line counts: In support of this request, the Coalition notes that there is no specific discussion states that the one-way rule provides or reference to § 36.125 in the If the number of a study area’s access lines increases such that, under § 36.125(f) of this small incumbent LEC ETCs that suffer Separations Freeze Extension Order. chapter, the weighted interstate DEM factor declining numbers of access lines with 9. The Coalition mistakenly believes for 1997 or any successive year would be less LSS than they would be eligible to that the June 30, 2006 date in the first reduced, that lower weighted interstate DEM receive if their number of access lines sentence of § 36.125(j) is unaffected by factor shall be applied to the carrier’s 1996 had not exceeded the thresholds the extended separations freeze. The unweighted interstate DEM factor to derive a established in the rules. The Coalition Commission first codified the new local switching support factor. 47 CFR states in addition that the calculation of separations freeze by amending literally 54.301(a)(2)(ii). LSS and the DEM weighting factors dozens of rules in part 36 to read Similarly, in the Universal Service assume that small incumbent LEC ETCs ‘‘through June 30, 2006.’’ See First Report and Order, the Commission have higher local switching costs than Separations Freeze Order, 66 FR 33202. is silent on decreases in line counts, larger carriers. Thus, the Coalition When it later adopted the 2006 concluding only that ‘‘[i]f the number of asserts that if size is a driving factor Separations Freeze Extension Order, the a carrier’s lines increases during 1997 or behind high switching costs, then the Commission did not change the text of any successive year, either through the fact that a carrier has gained and later each affected rule. 2006 Separations purchase of exchanges or through other lost access lines does not mitigate those Freeze Extension Order, 71 FR 29882. growth in lines, such that the current high costs. However, although the Commission did DEM weighting factor would be 14. The Coalition has provided not specifically reference § 36.125 or reduced, the carrier must apply the evidence that failing to provide the any other specific rule in the 2006 lower weighting factor to the 1996 higher level of LSS has caused or Separations Freeze Extension Order, it unweighted interstate DEM factor in threatens to cause small incumbent LEC expressly extended the entire freeze order to derive the local switching ETCs some hardship. Moreover, the beyond June 30, 2006. The extended support factor used to calculate Coalition asserts that a small carrier that freeze therefore applied to all affected universal service support.’’ Universal gains, then loses, access lines is not in part 36 rules, including § 36.125. Service First Report and Order, 62 FR a meaningfully different situation than a Accordingly, limiting the applicability 32861. similarly-sized small carrier that suffers of § 36.125(j) only to June 30, 2006, as 12. The Coalition notes that the no gain or loss. Indeed, a carrier that the Coalition suggests, is inconsistent Commission likely did not consider a purchases equipment designed to with the Commission’s action in the circumstance in which incumbent LECs support a greater number of access lines 2006 Separations Freeze Extension suffered declining numbers of access but then loses those access lines may be Order. lines, noting that ‘‘local exchange even more disadvantaged than a carrier 10. Moreover, under the Coalition’s carriers’ access lines had risen virtually that had never made purchasing interpretation of the freeze period’s without exception for over half a decisions based upon a higher access application to § 36.125, incumbent LEC century.’’ Assuming, arguendo, that this line count. ETCs would be subject to different DEM is true, the fact that the Commission 15. We therefore seek comment on weighting factors for jurisdictional never considered such a circumstance amending our rules to allow an separations (under § 36.125) and LSS would likely indicate that it never incumbent LEC ETC’s DEM weighting
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factor and LSS to increase if the carrier’s delays in receiving U.S. Postal Service CART, etc.) by e-mail: [email protected]; access lines decrease below the mail). All filings must be addressed to phone: (202) 418–0530 or TTY: (202) thresholds set out in the rules. We seek the Commission’s Secretary, Office of 418–0432. comment on the potential effect of such the Secretary, Federal 20. For further information regarding a change, and ask commenters to Communications Commission. this proceeding, contact Ted Burmeister, provide specific data regarding the Æ The Commission’s contractor will Attorney Advisor, Telecommunications amount by which such a change will receive hand-delivered or Access Policy Division, Wireline increase universal service high-cost messenger-delivered paper filings Competition Bureau at (202) 418–7389, support disbursements, and an analysis for the Commission’s Secretary at or [email protected]. as to why any such increase in the size 236 Massachusetts Avenue, NE., Ex Parte Presentations of the universal service fund is justified. Suite 110, Washington, DC 20002. 21. This proceeding shall be treated as Procedural Matters The filing hours at this location are 8 a.m. to 7 p.m. All hand deliveries a ‘‘permit-but-disclose’’ proceeding in 16. Pursuant to §§ 1.415 and 1.419 of must be held together with rubber accordance with the Commission’s ex the Commission’s rules, 47 CFR 1.415, bands or fasteners. Any envelopes parte rules. 47 CFR 1.1200–1.1216. 1.419, interested parties may file must be disposed of before entering Persons making oral ex parte comments and reply comments on or the building. presentations are reminded that before the dates indicated on the first Æ Commercial overnight mail (other memoranda summarizing the page of this document. Comments may than U.S. Postal Service Express presentations must contain summaries be filed using: (1) The Commission’s Mail and Priority Mail) must be sent of the substance of the presentations Electronic Comment Filing System to 9300 East Hampton Drive, and not merely a listing of the subjects (ECFS); (2) the Federal Government’s Capitol Heights, MD 20743. discussed. More than a one or two eRulemaking Portal; or (3) by filing Æ U.S. Postal Service first-class, sentence description of the views and paper copies. See Electronic Filing of Express, and Priority mail should arguments presented is generally Documents in Rulemaking Proceedings, be addressed to 445 12th Street, required. 47 CFR 1.1206(b)(2). Other 63 FR 24121, May 1, 1998. SW., Washington, DC 20554. requirements pertaining to oral and • Electronic Filers: Comments may be written presentations are set forth in 17. In addition, one copy of each filed electronically using the Internet § 1.1206(b) of the Commission’s rules. pleading must be sent to the by accessing the ECFS: http:// 47 CFR 1.1206(b). Commission’s duplicating contractor, www.fcc.gov/cgb/ecfs/ or the Federal Best Copy and Printing, Inc, 445 12th Initial Regulatory Flexibility Act eRulemaking Portal: http:// Street, SW., Room CY–B402, Certification www.regulations.gov. Filers should follow the instructions provided on Washington, DC 20554; Web site: 22. The Regulatory Flexibility Act the Web site for submitting http://www.bcpiweb.com; phone: (RFA), See 5 U.S.C. 603, requires that an comments. 1–800–378–3160. Furthermore, three agency prepare a regulatory flexibility Æ For ECFS filers, if multiple docket copies of each pleading must be sent to analysis for notice-and-comment or rulemaking numbers appear in Antoinette Stevens, rulemaking proceedings, unless the the caption of this proceeding, filers Telecommunications Access Policy agency certifies that ‘‘the rule will not, must transmit one electronic copy Division, Wireline Competition Bureau, if promulgated, have a significant of the comments for each docket or 445 12th Street, SW., Room 5–B521, economic impact on a substantial rulemaking number referenced in Washington, DC 20554; e-mail: number of small entities.’’ See 5 U.S.C. the caption. In completing the [email protected]. 605(b). The RFA generally defines transmittal screen, filers should 18. Filings and comments are also ‘‘small entity’’ as having the same include their full name, U.S. Postal available for public inspection and meaning as the terms ‘‘small business,’’ Service mailing address, and the copying during regular business hours ‘‘small organization,’’ and ‘‘small applicable docket or rulemaking at the FCC Reference Information governmental jurisdiction.’’ 5 U.S.C. number. Parties may also submit an Center, Portals II, 445 12th Street, SW., 601(6). In addition, the term ‘‘small electronic comment by Internet e- Room CY–A257, Washington, DC 20554. business’’ has the same meaning as the mail. To get filing instructions, Copies may also be purchased from the term ‘‘small business concern’’ under filers should send an e-mail to Commission’s duplicating contractor, the Small Business Act. 5 U.S.C. 601(3). [email protected], and include the BCPI, 445 12th Street, SW., Room CY– A ‘‘small business concern’’ is one following words in the body of the B402, Washington, DC 20554. which: (1) Is independently owned and message, ‘‘get form.’’ A sample form Customers may contact BCPI through its operated; (2) is not dominant in its field and directions will be sent in Web site: http://www.bcpiweb.com, by of operation; and (3) satisfies any response. e-mail at: [email protected], by additional criteria established by the Æ Paper Filers: Parties who choose to telephone at (202) 488–5300 or (800) Small Business Administration (SBA). file by paper must file an original 378–3160 (voice), (202) 488–5562 (tty), 15 U.S.C. 632. and four copies of each filing. If or by facsimile at (202) 488–5563. 23. In this notice of proposed more than one docket or rulemaking 19. To request materials in accessible rulemaking we propose to revise two of number appears in the caption of formats for people with disabilities the Commission’s rules to permit small this proceeding, filers must submit (Braille, large print, electronic files, incumbent LECs whose access lines two additional copies for each audio format), send an e-mail to decrease below specific thresholds to additional docket or rulemaking [email protected] or call the Consumer & receive LSS based on their current number. Governmental Affairs Bureau at (202) number of lines. The revisions do not • Filings can be sent by hand or 418–0530 (voice) or (202) 418–0432 increase the incumbent LECs’ messenger delivery, by commercial (TTY). Contact the FCC to request administrative burdens. overnight courier, or by first-class or reasonable accommodations for filing 24. The Commission therefore overnight U.S. Postal Service mail comments (accessible format certifies, pursuant to the RFA, that the (although we continue to experience documents, sign language interpreters, proposals in this notice of proposed
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rulemaking, if adopted, will not have a 2. Section 36.125 is amended by Additionally, FTA hereby provides significant economic impact on a revising paragraph (j) to read as follows: notice that it intends to host two substantial number of small entities. If Webinars to discuss the Advance Notice commenters believe that the proposals § 36.125 Local switching equipment— of Proposed Rulemaking. Category 3. discussed in the notice of proposed DATES: The comment period for the rulemaking require additional RFA * * * * * (j) If the number of a study area’s proposed rule published September 10, analysis, they should include a 2009 (74 FR 46515), is extended. discussion of these issues in their access lines increases or decreases such that, under § 36.125(f) of this part, the Comments must be received no later comments and additionally label them than January 8, 2010. FTA will host two as RFA comments. The Commission weighted interstate DEM factor for 1997 or any successive year would change, Webinar meetings: Tuesday, November will send a copy of the notice of 17, 2009, from 2 to 4 p.m. Eastern; and proposed rulemaking, including a copy the weighted interstate DEM factor appropriate to the study area’s current Thursday, December 3, 2009, from 2 of this initial certification, to the Chief p.m. to 4 p.m. Eastern. Counsel for Advocacy of the SBA. In access line count shall be applied to the addition, a copy of the notice of study area’s 1996 unweighted interstate ADDRESSES: DEM factor to derive a new local proposed rulemaking and this initial I. Public Comments certification will be published in the switching support factor. You may submit comments by one of Federal Register. See 5 U.S.C. 605(b). PART 54—[AMENDED] the following methods. Ordering Clauses 3. The authority citation for Part 54 • Federal e-Rulemaking Portal: 25. Accordingly, it is ordered that, continues to read as follows: http://www.regulations.gov. Follow the pursuant to the authority contained in Authority: 47 U.S.C. 151, 154(i), 201, 205, online instructions for submitting §§ 1, 2, 4(i), 4(j), 201–205, 214, 220, and 214, and 254 unless otherwise noted. comments. 254 of the Communications Act of 1934, 4. Section 54.301 is amended by • Fax: 1–202–493–2251. as amended, 47 U.S.C. 151, 152, 154(i), revising paragraph (a)(2)(ii) to read as • United States Post or Express Mail: 154(j), 201–205, 214, 220, and 254, the follows: United States Department of petition for clarification filed by the Transportation, Docket Operations, Coalition for Equity in Switching § 54.301 Local switching support. West Building Ground Floor, Room Support is denied as discussed herein. (a) * * * W12–140, 1200 New Jersey Avenue, SE., 26. It is further ordered that, pursuant (2) * * * (ii) If the number of a study area’s Washington, DC 20590. to the authority contained in §§ 1, 2, • 4(i), 4(j), 201–205, 214, 220, and 254 of access lines increases or decreases such Hand Delivery: United States the Communications Act of 1934, as that, under section 36.125(f) of this Department of Transportation, West amended, 47 U.S.C. 151, 152, 154(i), chapter, the weighted interstate DEM Building, 1200 New Jersey Avenue, SE., 154(j), 201–205, 214, 220, and 254, this factor for 1997 or any successive year Washington, DC 20590, between 9 a.m. notice of proposed rulemaking is would change, the weighted interstate and 5 p.m. Eastern, Monday through adopted. DEM factor appropriate to the study Friday, except Federal holidays. 27. It is further ordered that the area’s current access line count shall be Instructions: You must include the Commission’s Consumer and applied to the study area’s 1996 agency name (Federal Transit Governmental Affairs Bureau, Reference unweighted interstate DEM factor to Administration), and Docket number Information Center, shall send a copy of derive a new local switching support (FTA–2009–0030) or Regulatory this notice of proposed rulemaking, factor. Identification Number (RIN 2132–AA92) including the Initial Regulatory * * * * * for this rulemaking at the beginning of Flexibility Certification, to the Chief [FR Doc. E9–27050 Filed 11–9–09; 8:45 am] your comments. All comments received Counsel for Advocacy of the Small BILLING CODE 6712–01–P will be posted, without change and Business Administration. including any personal information 28. It is further ordered that, pursuant provided, to www.regulations.gov and to §§ 1.103(a) and 1.4(b)(1) of the DEPARTMENT OF TRANSPORTATION http://dms.dot.gov., where they will be Commission’s rules, 47 CFR 1.103(a) available to Internet users. Please see and 1.4(b)(1), this notice of proposed Federal Transit Administration the Privacy Act. rulemaking shall be effective upon You should submit two copies of your publication in the Federal Register. 49 CFR Part 633 comments if you submit them by mail. If you wish to receive confirmation that Federal Communications Commission. [Docket No. FTA–2009–0030] FTA received your comments, you must Marlene H. Dortch, RIN 2132–AA92 include a self-addressed, stamped Secretary. postcard. Due to security procedures in Proposed Rules Capital Project Management effect since October 2001 regarding mail deliveries, mail received through the For the reasons discussed in the AGENCY: Federal Transit Administration U.S. Postal Service may be subject to preamble, the Federal Communications (FTA), DOT. delays. Parties submitting comments Commission proposes to amend 47 parts ACTION: Advance Notice of Proposed should consider using an express mail 36 and 54 as follows: Rulemaking; extension of comment firm to ensure the prompt filing of any period. PART 36—[AMENDED] submissions not filed electronically or SUMMARY: The Federal Transit by hand. 1. The authority citation for Part 36 Administration (FTA) is extending the For access to the DOT docket to read continues to read as follows: public comment period by sixty (60) materials relating to this notice, please Authority: 47 U.S.C. 151, 154(i) and (j), days for its Advance Notice of Proposed go to http://dms.dot.gov at any time or 205, 221(c), 254, 403, and 410. Rulemaking; request for comments. the Docket Management System.
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II. Public Meetings III. Public Meeting via Webinar DEPARTMENT OF THE INTERIOR FTA will host two Webinar meetings: A. Notice Fish and Wildlife Service Tuesday, November 17, 2009, from 2 to FTA hereby provides notice that it 4 p.m. Eastern; and Thursday, December will be holding two public meetings, via 50 CFR Part 17 3, 2009, from 2 p.m. to 4 p.m. Eastern. webinar, to discuss the subject Advance Notice of Proposed Rulemaking. [FWS-R9-IA-2009-12] FOR FURTHER INFORMATION CONTACT: For Through the webinar meetings, FTA [96100-1671-000–B6] program questions, please contact Aaron will answer questions from interested C. James, Sr. at (202) 493–0107 or [RIN 1018–AV75] parties. However, FTA notes that the [email protected], or Carlos M. webinar meetings will be for Garay at (202) 366–6471 or Endangered and Threatened Wildlife informational purposes only. In order to [email protected]. For legal and Plants; Proposed Rule To List Five be fully considered, all comments must questions, please contact Jayme L. Foreign Bird Species in Colombia and be submitted in writing according to the Blakesley at (202) 366–0304 or Ecuador, South America, Under the procedures outlined above. FTA Endangered Species Act [email protected]. The principal encourages all interested parties to office of FTA is located at 1200 New participate in the webinar meetings. The AGENCY: Fish and Wildlife Service, Jersey Avenue, SE., Washington, DC meetings are open to the public on a Interior. 20590. Office hours are from 8:30 a.m. space-available basis. There is no cost to ACTION: Proposed rule; reopening of the to 5 p.m., Monday through Friday, attend. Details will be published on public comment period. except Federal holidays. FTA’s web site at http:// SUPPLEMENTARY INFORMATION: www.dot.fta.gov. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the I. Background B. Agenda and Format reopening of the public comment period FTA intends to lead a discussion of on our July 7, 2009, proposal to list four On September 10, 2009 (74 FR 46515), the following subjects at the Webinar species of birds from Colombia — the FTA issued an Advance Notice of meetings: (1) The definition of ‘‘major blue-billed curassow (Crax alberti), the Proposed Rulemaking (ANPRM) to start capital project,’’ (2) the definition of brown-banded antpitta (Grallaria the process of revising its Project ‘‘technical capacity and capability,’’ (3) milleri), the Cauca guan (Penelope Management Oversight rule at 49 CFR principles and requirements for fixed perspicax), and the gorgeted wood-quail Part 633. This Project Management guideway capital projects (4) project (Odontophorus strophium) — and one rulemaking emphasizes a set of management plans, (5) FTA oversight of bird species from Ecuador — the standards and principles for sound fixed guideway and major capital Esmeraldas woodstar (Chaetocercus project management that will affect all projects, (6) any other related subjects. berlepschi) — as endangered under the FTA-funded fixed guideway capital The first webinar will focus primarily Endangered Species Act of 1973, as projects and major capital projects. on project management (topics 1–4 amended (Act) (16 U.S.C. 1531 et seq.). Specifically, FTA seeks to restructure above). The second webinar will focus This proposal, if made final, would the current Part 633 to incorporate the on FTA oversight. extend the Act’s protection to these best practices in the transit industry species. with respect to reasonable project C. Registration management performance measures. FTA requests all parties interested in DATES: We are reopening the public When final, this project management attending the Webinar meeting to RSVP comment period. To allow us adequate rule should articulate the criteria and for the event with Carlos M. Garay at time to consider and incorporate skills expectations necessary to ensure a (202) 366–6471 or [email protected]. submitted information into our review, project sponsor’s successful All RSVPs for the November 17, 2009, we request that we receive information implementation of a fixed guideway Webinar must be received by November on or before December 10, 2009. capital project, including a major capital 13, 2009. RSVPs for the December 3, ADDRESSES: You may submit comments project. Also, the new Part 633 will be 2009, Webinar must be received by by one of the following methods: updated to reflect oversight tools and November 20, 2009. • Federal eRulemaking Portal: http:// methodologies that have been www.regulations.gov. Follow the Notice of Meeting developed since the original rule went instructions for submitting comments. into effect. Initially, FTA established a FTA will host two Webinar meetings: • U.S. mail or hand-delivery: Public sixty (60) day public comment period Tuesday, November 17, 2009, from 2 to Comments Processing, Attn: FWS-R9- for its ANPRM, with a closing date of 4 p.m. Eastern; and Thursday, December IA-2009-12; Division of Policy and November 9, 2009. At the request of 3, 2009, from 2 p.m. to 4 p.m. Eastern. Directives Management; U.S. Fish and several interested parties, however, FTA The meetings are open to the public and Wildlife Service; 4401 N. Fairfax Drive, has chosen to extend the comment there is no cost to attend. Suite 222; Arlington, VA 22203. period for two months and to host two If you need an accommodation We will post all comments on http:// Webinars for the purpose of answering because of a disability, or if you require www.regulations.gov. This generally questions about the ANPRM. additional information to attend the means that we will post any personal meeting, please contact Carlos M. Garay information you provide us (see the II. Extension of Public Comment Period at (202) 366–6471 or Public Comments section below for [email protected]. The Federal Transit Administration more information). (FTA) hereby provides notice that it is Issued in Washington, DC, on this 5th day FOR FURTHER INFORMATION CONTACT: extending the public comment period of November, 2009. Douglas Krofta, Chief, Branch of Listing, for its Advance Notice of Proposed Peter M. Rogoff, Endangered Species Program, U.S. Fish Rulemaking by approximately sixty (60) Administrator. and Wildlife Service, 4401 N. Fairfax days. Comments must be received no [FR Doc. E9–27107 Filed 11–6–09; 11:15 am] Drive, Room 420, Arlington, VA 22203; later than January 8, 2010. BILLING CODE 4910–57–P telephone 703-358-2171; facsimile 703-
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358-1735. If you use a (3) Any information on the biological used in preparing our proposed rule, telecommunications device for the deaf or ecological requirements of these will be available for public inspection (TDD), you may call the Federal species. on http://www.regulations.gov, or by Information Relay Service (FIRS) at 800- (4) Current or planned activities in the appointment, during normal business 877-8339. areas occupied by these species and hours, at the U.S. Fish and Wildlife SUPPLEMENTARY INFORMATION: possible impacts of these activities on Service, Endangered Species Program, Public Comments these species. 4401 N. Fairfax Drive, Room 420, We reopen the public comment (5) Any information concerning the Arlington, VA 22203; telephone 703- period on our July 7, 2009, proposal (74 effects of climate change on these 358-2171 (see FOR FURTHER INFORMATION FR 32308) to list four species of birds species or their habitats. CONTACT). from Colombia — the blue-billed Please note that submissions merely curassow (Crax alberti), the brown- stating support for or opposition to the Background banded antpitta (Grallaria milleri), the action under consideration without On July 7, 2009, we published a Cauca guan (Penelope perspicax), and providing supporting information, proposed rule to list five foreign bird the gorgeted wood-quail (Odontophorus although noted, will not be considered species in Colombia and Ecuador, South strophium) — and one bird species from in making a determination, as section America as endangered throughout their Ecuador — the Esmeraldas woodstar 4(b)(1)(A) of the Act directs that range under the Act: four species of (Chaetocercus berlepschi) — as determinations as to whether any birds from Colombia — the blue-billed endangered under the Act (16 U.S.C. species is a threatened or endangered curassow (Crax alberti), the brown- 1531 et seq.). Some peer review species must be made ‘‘solely on the branded antpitta (Grallaria milleri), the comments have already been received basis of the best scientific and Cauca guan (Penelope perspicax), and during the initial comment period on commercial data available.’’ Information the gorgeted wood-quail (Odontophorus the proposal and may be found at http:// previously submitted need not be strophium) – and one bird species from www.regulations.gov. In order to allow resubmitted as it has already been Ecuador – the Esmeraldas woodstar for additional peer review, we are incorporated into the public record and (Chaetocercus berlepschi) (74 FR reopening the comment period for an will be fully considered. 32308). This proposal, if made final, additional 30 days. Comments You may submit your comments and would extend the Act’s protection to previously received on this proposal materials by one of the methods listed these species. The Service seeks data need not be resubmitted, as they are in the ADDRESSES section. and comments from the public on our already incorporated in the public If you submit information via http:// proposed rule. We received multiple record and will be fully considered in www.regulations.gov, your entire peer review comments. In order to allow the final determination. We request submission—including any personal for the public to review these comments information from the public, other identifying information—will be posted and have an opportunity to comment, concerned governmental agencies, the on the website. If your submission is we are reopening the public comment scientific community, industry, or any made via a hardcopy that includes period for 30 days. other interested parties concerning the personal identifying information, you status of these species. We are seeking may request at the top of your document Authority information regarding: that we withhold this information from The authority for this action is section (1) Biological, commercial trade, or public review. However, we cannot 4 of the Endangered Species Act of other relevant data concerning any guarantee that we will be able to do so. 1973, as amended (16 U.S.C. 1531 et threats (or lack thereof) to these species We will post all hardcopy submissions seq.). and regulations that may be addressing on http://www.regulations.gov. Please those threats. include sufficient information with your Dated: November 3, 2009 (2) Additional information concerning comments to allow us to verify any Rowan W. Gould, the taxonomy, range, distribution, and scientific or commercial information Deputy Director, U.S. Fish and Wildlife population size of these species, you include. Service including the locations of any Comments and materials we receive, [FR Doc. E9–27056 Filed 11–9–09; 8:45 am] additional populations of these species. as well as supporting documentation we BILLING CODE 4310–55–S
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Notices Federal Register Vol. 74, No. 216
Tuesday, November 10, 2009
This section of the FEDERAL REGISTER Abstract: The information collection ranchers, business owners, for-profit or contains documents other than rules or under OMB Number 0575–0094 enables non-profit institutions, and proposed rules that are applicable to the the Agencies to effectively administer organizations. public. Notices of hearings and investigations, the policies, methods, and Estimated Number of Respondents: committee meetings, agency decisions and responsibilities for compliance with the rulings, delegations of authority, filing of 1,771. NEPA and other applicable petitions and applications and agency Estimated Number of Responses per statements of organization and functions are environmental laws, executive orders, examples of documents appearing in this and regulations. Respondent: 1. section. The NEPA requires Federal agencies Estimated Number of Responses: to consider the potential environmental 4,427. impacts of proposed major Federal Estimated Total Annual Burden on DEPARTMENT OF AGRICULTURE actions on the quality of the human Respondents: 18,029 hours.* environment during agency planning Rural Housing Service and decision-making processes. For *Note: This estimate is not exact due Rural Development and FSA to comply, to rounding. Notice of Request for Extension of a it is necessary that they have Currently Approved Information information on the types of Copies of this information collection Collection environmental resources on site or in can be obtained from Linda Watts Thomas, Regulations and Paperwork AGENCIES: Rural Housing Service, Rural the vicinity of an Applicant’s proposed Management Branch, at (202) 692–0226. Business-Cooperative Service, Farm project that could be impacted by Rural Service Agency, USDA. Development or FSA’s Federal action. Comments The Applicant is the logical source for ACTION: Proposed collection; comments requested. providing this information. In fact, the Comments are invited on: (a) Whether vast majority of Federal Agencies that the proposed collection of information SUMMARY: In accordance with the assist non-Federal Applicants in is necessary for the proper performance Paperwork Reduction Act of 1995, this sponsoring projects require their of the functions of the Agencies, notice announces the intention of USDA Applicants to submit such including whether the information will Farm Service Agency’s (FSA) and Rural environmental data to allow the agency have practical utility; (b) the accuracy of Development, henceforth collectively to make an informed decision. Agencies’ estimate of the burden of the known as Rural Development, or Both Rural Development and FSA proposed collection of information individually as Housing and provide forms and/or other guidance to including the validity of the Community Programs, Business and assist in the collection and submission methodology and assumptions used; (c) Cooperative Programs, and Utility of necessary information. The ways to enhance the quality, utility and information is usually submitted via e- Programs, to request an extension for a clarity of the information to be mail, U.S. Postal Service, or hand currently approved information collected; and (d) ways to minimize the delivery to the appropriate Agency collection in support of compliance burden of the collection of information office. with the National Environmental Policy on those who are to respond, including Act (NEPA) and other applicable The information is used by the through the use of appropriate environmental requirements. Agency official who is processing the automated, electronic, mechanical, or DATES: Comments on this notice must be application for financial assistance or request for approval. Having other technological collection received by January 11, 2010 to be techniques or other forms of information assured of consideration. environmental information on the Applicant’s proposed project and the technology. FOR FURTHER INFORMATION CONTACT: construction and operation activities Comments may be sent to Linda Watts Juliet Bochicchio, Environmental enables the Agency official to determine Protection Specialist, Program Support Thomas, Regulations and Paperwork the magnitude of any potential Management Branch, Support Services Staff, Housing and Community environmental impacts and to take such Facilities Programs, U.S. Department of Division, U.S. Department of impacts into consideration during Agriculture, Rural Development, STOP Agriculture, Stop 0761, 1400 planning and decision-making as Independence Ave., SW., Washington, 0742, 1400 Independence Ave., SW., required by NEPA. The analysis of Washington, DC 20250–0742. All DC 20250–0761, Telephone (202) 205– potential environmental impacts of an 8242, e-mail: responses to this notice will be Applicant’s proposed project and Rural summarized and included in the request [email protected]. Development or FSA’s decision is a full for OMB approval. All comments will SUPPLEMENTARY INFORMATION: disclosure process, and therefore, can also become a matter of public record. Title: 7 CFR Part 1940 Subpart G, involve public information meetings ‘‘Environmental Program.’’ and public notification. Dated: November 4 2009. OMB Number: 0575–0094. Estimate of Burden: Public reporting Tammye Trevin˜ o, Expiration Date of Approval: burden for this collection of information Administrator, Rural Housing Service. November 28, 2010. is estimated to average 4 hours per [FR Doc. E9–26977 Filed 11–9–09; 8:45 am] Type of Request: Extension of a response. currently approved information Respondents: Individuals, non- BILLING CODE 3410–XV–P collection. Federal agency governments, farmers,
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DEPARTMENT OF AGRICULTURE conditions, as well as adequate farm content which is accepted and typically buildings and other structures in rural used in normal conduct of planning and Rural Housing Service areas. performing development work in Section 506 of the Act requires that all private industry when a private lender Notice of Request for Extension of a new buildings and repairs shall be is financing the activity. The Currently Approved Information constructed in accordance with plans information is usually submitted via Collection and specifications as required by the hand delivery or U.S. Postal Service to Secretary and that such construction be AGENCY: Rural Housing Service, Rural the appropriate Agency office. Business-Cooperative Service, Rural supervised and inspected. Electronic submittal of information is Section 509 of the Act grants the Utilities Service, and Farm Service also possible through e-mail or USDA’s Secretary the power to determine and Agency, USDA. Service Center eForms Web site. prescribe the standards of adequate farm The information is used by the ACTION: Proposed collection: Comments housing and other buildings. The Agencies to determine whether a loan/ requested. Housing and Urban Rural Recovery Act grant can be approved, to ensure that of 1983 amended section 509(a) and SUMMARY: In accordance with the the Agency has adequate security for the section 515 to require residential Paperwork Reduction Act of 1995, this loans financed, to provide for sound buildings and related facilities to notice announces the intention of USDA construction and development work, comply with the standards prescribed Farm Service Agency’s (FSA) and Rural and to determine that the requirements by the Secretary of Agriculture, the Development, henceforth collectively of the applicable acts have been met. standard prescribed by the Secretary of known as Rural Development, or The information is also used to monitor Housing and Urban Development, or the individually as Housing and compliance with the terms and standards prescribed in any of the conditions of the Agencies’ loan/grant Community Programs, Business and nationally recognized model building Cooperative Programs, Utility Programs, programs and to monitor the prudent codes. use of Federal funds. to request an extension for a currently Similar authorizations are contained approved information collection in If the information were not collected in sections 303, 304, 306, and 339 of the and submitted, the Agencies would not support of compliance with applicable Consolidated Farm and Rural acts for planning and performing have control over the type and quality Development Act, as amended, which of construction and development work construction and other development authorized loans and grants for essential work. planned and performed with Federal community services. funds. The Agencies would not be DATES: Comments on this notice must be In several sections of both acts, loan assured that the security provided for received by January 11, 2010 to be limitations are established as loans is adequate, nor would the assured consideration. percentages of development cost, Agencies be certain that decent, safe, FOR FURTHER INFORMATION CONTACT: requiring careful monitoring of those and sanitary dwelling or other adequate William R. Downs, Supervisory costs. Also, the Secretary is authorized structures were being provided to rural Architect, Program Support Staff, RHS, to prescribe regulations to ensure that residents as required by the different U.S. Department of Agriculture, Stop Federal funds are not wasted or acts. 0761, 1400 Independence Avenue, SW., dissipated and that construction will be Estimate of Burden: Public reporting Washington, DC 20250–0761, undertaken in an economic manner and burden for this collection of information Telephone (202) 720–1499 or (202) 720– will not be of elaborate or extravagant is estimated to average .31 hours per 9619 or via e-mail at design or materials. response. [email protected]. The Rural Utilities Service (RUS) is Respondents: Individuals or the credit Agency for rural water and households, farms, business or other for- SUPPLEMENTARY INFORMATION: wastewater development within Rural profit, non-profit institutions, and small Title: RD 1924–A, ‘‘Planning and Development of the United States businesses or organizations. Performing Construction and Other Department of Agriculture (USDA). The Estimated Number of Respondents: Development’’. Rural-Business-Cooperative Service 23,643. OMB Number: 0575–0042. (RBS) is the credit Agency for rural Estimated Number of Responses per Expiration Date of Approval: January business development within Rural Respondent: 2. 31, 2010. Development of USDA. These Agencies Estimated Number of Responses: Type of Request: Extension of a adopted use of forms in RD Instruction 418,432. currently approved information 1924–A. Information for their usage is Estimated Total Annual Burden on collection. included in this report. Respondents: 132,998 hours. Abstract: The information collection Other information collection is Copies of this information collection under OMB Number 0575–0042 enables required to conform to numerous Pubic can be obtained from Linda Watts the Agencies to effectively administer Laws applying to all Federal agencies, Thomas, Regulations and Paperwork the policies, methods, and such as: Civil Rights Acts of 1964 and Management Branch, at (202) 692–0226. responsibilities in the planning and 1968, Davis-Bacon Act, Historic Comments: Comments are invited on: performing of construction and other Preservation Act, Environmental Policy (a) Whether the proposed collection of development work for the related Act, and to conform to Executive Orders information is necessary for the proper construction programs. governing use of Federal funds. This performance of the function of the Section 501 of Title V of the Housing information is cleared through the Agencies, including whether the Act of 1949, as amended, authorizes the appropriate enforcing Agency or other information will have practical utility; Secretary of Agriculture to extend executive Departments. (b) the accuracy of the Agencies’ financial assistance to construct, The Agencies provide forms and/or estimate of the burden of the proposed improve, alter, repair, replace, or guidelines to assist in the collection and collection of information, including the rehabilitate dwellings; farm buildings; submission of information; however, validity of methodology and and/or related facilities to provide most of the information may be assumptions used; (c) ways to enhance decent, safe, and sanitary living collected and submitted in the form and the quality, utility, and clarity of the
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information to be collected; and (d) The project proposes to rehabilitate to Becki Heath, Designated Federal ways to minimize the burden of the the Buckeye FRS No. 1 to provide for Official, USDA, Okanogan-Wenatchee collection of information on those who continued flood protection for the Town National Forest, 215 Melody Lane, are to respond, including through the of Buckeye, while meeting NRCS and Wenatchee, Washington 98801, 509– use of appropriate automated, State of Arizona safety and performance 664–9200. electronic, mechanical, or other standards. Dated: November 4, 2009. technological collection techniques or The Notice of a Finding of No Rebecca Lockett Heath, other forms of information technology. Significant Impact (FONSI) has been Designated Federal Official, Okanogan- Comments may be sent to Linda Watts forwarded to the Environmental Wenatchee National Forest. Thomas, Regulations and Paperwork Protection Agency and to various [FR Doc. E9–27030 Filed 11–9–09; 8:45 am] Management Branch, U.S. Department Federal, State, and local agencies and of Agriculture, Rural Development, Stop interested parties. Copies of the FONSI BILLING CODE 3410–11–P 0742, 1400 Independence Avenue, SW., are available to fill single copy requests Washington, DC 20250–0742. All at the above address. Basic data DEPARTMENT OF AGRICULTURE responses to this notice will be developed during the environmental summarized and included in the request assessment are on file and may be Forest Service for OMB approval. All comments will reviewed by contacting Don Paulus, also become a matter of public record. Assistant State Conservationist for Notice of Idaho Panhandle Resource Dated: November 4, 2009. Programs, at the above address. Advisory Committee Meeting No administrative action on Tammye Trevin˜ o, AGENCY: Forest Service, USDA. implementation of the proposal will be Administrator, Rural Housing Service. taken until 30 days after the date of this ACTION: Notice of meeting. [FR Doc. E9–26978 Filed 11–9–09; 8:45 am] publication in the Federal Register. SUMMARY BILLING CODE 3410–XV–P : Pursuant to the authorities in Dated: November 3, 2009. the Federal Advisory Committee Act David L. McKay, (Pub. L. 92–463) and under the Secure DEPARTMENT OF AGRICULTURE State Conservationist. Rural Schools and Community Self- (This activity is listed in the Catalog of Determination Act of 2000 (Pub. L. 110– Natural Resources Conservation Federal Domestic Assistance under No. 343) the Idaho Panhandle National Service 10.904, Watershed Protection and Flood Forest’s Idaho Panhandle Resource Prevention, and is subject to the provisions Advisory Committee will meet Friday, Buckeye Flood Retarding Structure of Executive Order 12372, which requires November 20, 2009, at 9 a.m. in Coeur (FRS) No. 1 Supplemental Watershed intergovernmental consultation with State d’Alene, Idaho for a business meeting. Plan, Maricopa County, AZ and local officials.) The business meeting is open to the AGENCY: Natural Resources [FR Doc. E9–27062 Filed 11–9–09; 8:45 am] public. Conservation Service. BILLING CODE 3410–16–P DATES: November 4, 2009. ACTION: Notice of a Finding of No ADDRESSES: The meeting location is the Significant Impact. Idaho Panhandle National Forests’ DEPARTMENT OF AGRICULTURE Supervisor’s Office, located at 3815 SUMMARY: Pursuant to Section 102(2)(C) Forest Service Schreiber Way, Coeur d’Alene, Idaho of the National Environmental Policy 83815. Act of 1969; the Council on Eastern Washington Cascades Environmental Quality Regulations (40 FOR FURTHER INFORMATION CONTACT: CFR part 1500); and the Natural Provincial Advisory Committee and the Ranotta K. McNair, Forest Supervisor Resources Conservation Service (NRCS) Yakima Provincial Advisory Committee and Designated Federal Official, at (208) 765–7369. Regulations (7 CFR part 650); the AGENCY: Forest Service, USDA. SUPPLEMENTARY INFORMATION: The Natural Resources Conservation Service, ACTION: Notice of meeting. U.S. Department of Agriculture, gives meeting agenda will focus on reviewing notice that an environmental impact SUMMARY: The Eastern Washington proposals for forest projects and statement is not being prepared for the Cascades Provincial Advisory recommending funding during the Buckeye Flood Retarding Structure Committee and the Yakima Provincial business meeting. (FRS) No. 1 Supplemental Watershed Advisory Committee will meet on The public forum begins at 11 a.m. Plan, Maricopa County, Arizona. December 2, 2009 at the Okanogan- Dated: November 4, 2009. FOR FURTHER INFORMATION CONTACT: Wenatchee National Forest Ranotta K. McNair, David L. McKay, State Conservationist, Headquarters office, 215 Melody Lane, Forest Supervisor. USDA–NRCS, 230 North First Avenue, Wenatchee, WA. During this meeting [FR Doc. E9–27064 Filed 11–9–09; 8:45 am] information will be shared about Suite 509, Phoenix, Arizona 85003, BILLING CODE 3410–11–M telephone (602) 280–8801. prescribed burning and long-term trail SUPPLEMENTARY INFORMATION: The maintenance in the Okanogan- environmental assessment of this Wenatchee National Forest, fish DEPARTMENT OF AGRICULTURE federally assisted action indicates that stocking in National Park Service lakes the project will not cause significant and an update on the Bureau of Land Grain Inspection, Packers and local, regional, or national impacts on Management Resource Management Stockyards Administration Plan. All Eastern Washington Cascades the environment. Based on evidence Solicitation of Nominations for presented, David L. McKay, State and Yakima Province Advisory Committee meetings are open to the Members of the USDA Grain Inspection Conservationist, has determined that the Advisory Committee preparation and review of an public. environmental impact statement are not FOR FURTHER INFORMATION CONTACT: AGENCY: Grain Inspection, Packers and needed for this project. Direct questions regarding this meeting Stockyards Administration, USDA.
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ACTION: Notice to solicit nominees. places of business in performance of Educational Opportunities in Urban Advisory Committee service (see 5 Public School Settings and Education SUMMARY: The Department of U.S.C. 5703). Reform in Missouri * * * Kansas City Agriculture’s (USDA) Grain Inspection, A list of current Advisory Committee Missouri School District.’’ Packers and Stockyards Administration members and other relevant information Members of the public are entitled to (GIPSA) is seeking nominations for are available on the GIPSA Web site at submit written comments. The individuals to serve on the USDA Grain http://www.gipsa.usda.gov. Under the comments must be received in the Inspection Advisory Committee section ‘‘I Want To * * *’’ select ‘‘Learn regional office by December 23, 2009. (Advisory Committee). The Advisory about the Advisory Committee.’’ The address is U.S. Commission on Committee meets twice annually to GIPSA is seeking nominations for Civil Rights, 400 State Avenue, Suite advise GIPSA on the programs and individuals to serve on the Advisory 908, Kansas City, Kansas 66101. Persons services it delivers under the U.S. Grain Committee to replace five members and wishing to e-mail their comments, or to Standards Act (USGSA). eight alternate members whose terms present their comments verbally at the Recommendations by the Advisory will expire in March 2010. meeting, or who desire additional Committee help GIPSA better meet the Persons interested in serving on the information should contact Farella E. needs of its customers who operate in a Advisory Committee or nominating Robinson, Regional Director, Central dynamic and changing marketplace. another individual to serve, may Regional Office, at (913) 551–1400, (or DATES: GIPSA will consider contact: Terri L. Henry by telephone at for hearing impaired TDD 913–551– nominations received by January 11, 202–205–8281, by fax at 202–690–2173, 1414), or by e-mail to 2010. or by electronic mail at [email protected]. ADDRESSES: Submit nominations for the [email protected] to request Form Hearing-impaired persons who will Advisory Committee by completing AD–755. Form AD–755 may also be attend the meeting and require the form AD–755. Nominations may be obtained via GIPSA’s Web site at: http:// services of a sign language interpreter submitted by: www.gipsa.usda.gov. Under the section should contact the Regional Office at • E-Mail: [email protected]. ‘‘I Want To * * *’’ select ‘‘Learn about least ten (10) working days before the • Mail: Terri Henry, GIPSA, USDA, the Advisory Committee,’’ then select scheduled date of the meeting. 1400 Independence Ave., SW., Room Form—AD–755. Nominations are open Records generated from this meeting 1633–S, Stop 3642, Washington, DC to all individuals without regard to race, may be inspected and reproduced at the 20250–3642. color, religion, gender, national origin, Central Regional Office, as they become • Fax: (202) 690–2173. age, mental or physical disability, available, both before and after the • Hand Delivery or Courier: Terri marital status, or sexual orientation. To meeting. Persons interested in the work Henry, GIPSA, USDA, 1400 ensure that recommendations of the of this advisory committee are advised Independence Ave., SW., Room 1633–S, Advisory Committee take into account to go to the Commission’s Web site, Stop 3642, Washington, DC 20250– the needs of the diverse groups served http://www.usccr.gov, or to contact the 3642. by the USDA, membership shall Central Regional Office at the above e- • Internet: Go to http:// include, to the extent practicable, mail or street address. www.regulations.gov and follow the individuals with demonstrated ability to The meeting will be conducted online instructions for submitting represent minorities, women, and pursuant to the provisions of the rules comments. persons with disabilities. and regulations of the Commission and FACA. FOR FURTHER INFORMATION CONTACT: The final selection of Advisory Terri L. Henry, telephone (202) 205– Committee members and alternates is Dated in Washington, DC, November 4, 8281 or e-mail [email protected]. made by the Secretary of Agriculture. 2009. Peter Minarik, SUPPLEMENTARY INFORMATION: As J. Dudley Butler, required by section 21 of the USGSA (7 Acting Chief, Regional Programs Administrator, Grain Inspection, Packers and Coordination Unit. U.S.C. 87j), as amended, the Secretary of Stockyards Administration. [FR Doc. E9–26979 Filed 11–9–09; 8:45 am] Agriculture established the Grain [FR Doc. E9–26922 Filed 11–9–09; 8:45 am] Inspection Advisory Committee on BILLING CODE 6335–01–P BILLING CODE 3410–KD–P September 29, 1981, to provide advice to the GIPSA Administrator on implementation of the USGSA. The DEPARTMENT OF COMMERCE COMMISSION ON CIVIL RIGHTS current authority for the Advisory National Oceanic and Atmospheric Committee expires on September 30, Agenda and Notice of Public Meeting Administration 2015. As specified in the USGSA, each of the Missouri Advisory Committee member’s term is 3 years and no member may serve successive terms. Notice is hereby given, pursuant to Proposed Information Collection; The Advisory Committee consists of the provisions of the rules and Comment Request; Southeast Region 15 members, appointed by the regulations of the U.S. Commission on Logbook Family of Forms Secretary, who represent the interests of Civil Rights (Commission), and the AGENCY: National Oceanic and grain producers, processors, handlers, Federal Advisory Committee Act Atmospheric Administration (NOAA), merchandisers, consumers, exporters, (FACA), that a meeting of the Missouri Commerce. and scientists with expertise in research Advisory Committee to the Commission ACTION: Notice. related to the policies in section 2 of the will convene on Saturday, November USGSA (7 U.S.C. 74). Members of the 14, 2009 at 9:30 a.m. and adjourn at SUMMARY: The Department of Advisory Committee serve without approximately 5 p.m. at the Kauffman Commerce, as part of its continuing compensation. USDA may reimburse Conference Center. The purpose of the effort to reduce paperwork and members for travel expenses, including meeting is to conduct a community respondent burden, invites the general per diem in lieu of subsistence, for public briefing meeting concerning the public and other Federal agencies to travel away from their homes or regular ‘‘Civil Rights Implications of take this opportunity to comment on
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proposed and/or continuing information makerel, charterboat, wreckfish and The period of review (POR) is October collections, as required by the Colombian fisheries, 2 minutes. 2, 2007, through May 31, 2008. Paperwork Reduction Act of 1995. Estimated Total Annual Burden Based on our analysis of the DATES: Written comments must be Hours: 33,948. comments received, we have made submitted on or before January 11, 2010. Estimated Total Annual Cost to changes in the margin calculation for ADDRESSES: Direct all written comments Public: $0. Kolon. Therefore, the final results differ from the preliminary results. The final to Diana Hynek, Departmental IV. Request for Comments Paperwork Clearance Officer, weighted–average dumping margin is Department of Commerce, Room 7845, Comments are invited on: (a) Whether listed below in the section entitled 14th and Constitution Avenue, NW., the proposed collection of information ‘‘Final Results of Review.’’ Washington, DC 20230 (or via the is necessary for the proper performance EFFECTIVE DATE: November 10, 2009. of the functions of the agency, including Internet at [email protected]). FOR FURTHER INFORMATION CONTACT: whether the information shall have Michael J. Heaney or Robert James, AD/ FOR FURTHER INFORMATION CONTACT: practical utility; (b) the accuracy of the CVD Operations, Office 7, Import Requests for additional information or agency’s estimate of the burden Administration, International Trade copies of the information collection (including hours and cost) of the Administration, U.S. Department of instrument and instructions should be proposed collection of information; (c) Commerce, 14th Street and Constitution directed to Steve Turner, (305) 361– ways to enhance the quality, utility, and Avenue, NW., Washington, DC 20230; 4482 or [email protected]. clarity of the information to be telephone: (202) 482–4475 or (202) 482– SUPPLEMENTARY INFORMATION: collected; and (d) ways to minimize the 0649, respectively. I. Abstract burden of the collection of information on respondents, including through the SUPPLEMENTARY INFORMATION: The participants in most Federally- use of automated collection techniques Background managed fisheries in the Southeast or other forms of information This review covers one manufacturer/ Region are required to keep and submit technology. exporter of the subject merchandise, catch and effort logbooks from their Comments submitted in response to Kolon. On July 6, 2009, the Department fishing trips. A subset of these vessels this notice will be summarized and/or published in the Federal Register the also provide information on the species included in the request for OMB preliminary results of the October 2, and quantities of fish, shellfish, marine approval of this information collection; 2007, through May 31, 2008, turtles, and marine mammals that are they also will become a matter of public administrative review of the caught and discarded or have interacted record. with the vessel’s fishing gear. A subset antidumping order on PET film from of these vessels also provide Dated: November 4, 2009. Korea. See Preliminary Results. information about dockside prices, trip Gwellnar Banks, We invited interested parties to operating costs, and annual fixed costs. Management Analyst, Office of the Chief comment on the preliminary results of The data are used for scientific Information Officer. review. On August 5, 2009, we received analyses that support critical [FR Doc. E9–26955 Filed 11–9–09; 8:45 am] comments from Kolon. We received no conservation and management decisions BILLING CODE 3510–22–P rebuttal comments. The Department has made by national and international conducted this administrative review in fishery management organizations. accordance with section 751 of the Interaction reports are needed for DEPARTMENT OF COMMERCE Tariff Act of 1930, as amended (the Act). fishery management planning and to International Trade Administration Scope of the Order help protect endangered species and Imports covered by this review are marine mammals. Price and cost data [A–580–807] will be used in analyses of the economic shipments of all gauges of raw, effects of proposed regulations. Polyethylene Terephthalate Film, pretreated, or primed polyethylene Sheet, and Strip from the Republic of terephthalate film, sheet, and strip, II. Method of Collection Korea: Final Results of Antidumping whether extruded or coextruded. The The information is submitted on Duty Administrative Review films excluded from this review are paper forms. metallized films and other finished AGENCY: Import Administration, films that have had at least one of their III. Data International Trade Administration, surfaces modified by the application of OMB Control Number: 0648–0016. Department of Commerce. a performance enhancing resinous or Form Number: None. SUMMARY: On July 6, 2009 the inorganic layer of more than 0.00001 Type of Review: Regular submission. Department of Commerce (the inches (0.254 micrometers) thick. PET Affected Public: Business or other for- Department) published the preliminary film is currently classifiable under profit organizations; individuals or results of the administrative review of Harmonized Tariff Schedule (HTS) households. the antidumping order on polyethylene subheading 3920.62.00.90 The HTS Estimated Number of Respondents: terephthalate film, sheet and strip (PET subheading is provided for convenience 9,325. film) from the Republic of Korea and for customs purposes. The written Estimated Time per Response: Annual (Korea). See Polythylene Terephthalate description remains dispositive as to the fixed-cost reports, 30 minutes; headboat Film, Sheet, and Strip from the Republic scope of the product coverage. and Colombian fishery logbooks, 18 of Korea: Preliminary Results of minutes; live rock and discard logbooks, Antidumping Duty Administrative Analysis of Comments Received 18 minutes; golden crab, reef fish- Review, 74 FR 31922 (July 6, 2009) All issues raised in the case brief mackerel, economic cost/trip, (Preliminary Results). This review submitted by Kolon are addressed in the charterboat, wreckfish, and shrimp covers one manufacturer/exporter of the ‘‘Issues and Decision Memorandum’’ logbooks, 10 minutes; no-fishing subject merchandise to the United (Decision Memorandum) from Edward responses for golden crab, reef fish- States, Kolon Industries, Inc. (Kolon). M. Yang, Senior Executive Coordinator,
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China/NME Unit, to Ronald K. merchandise entered, or withdrawn DEPARTMENT OF COMMERCE Lorentzen, Acting Assistant Secretary from warehouse, for consumption on or for Import Administration, dated after the publication date, as provided International Trade Administration November 3, 2009, which is adopted by for by section 751(a)(2)(C) of the Act: (1) [A–570–849, A–821–808, A–823–808] this notice. A list of issues which parties because the rate for Kolon is de have raised is in the Decision minimis, i.e., less than 0.5 percent, no Continuation of Antidumping Duty Memorandum and is attached to this cash deposit will be required for Kolon; Order on Certain Cut–to-Length notice as an appendix. Parties can find (2) if the exporter is not a firm covered Carbon Steel Plate from the People’s a complete discussion of all issues in this review or the less than fair value Republic of China and Continuation of raised in this review and the (LTFV) investigation, but the Suspended Antidumping Duty corresponding recommendations in the manufacturer is, the cash deposit rate Investigations on Certain Cut–to- Decision Memorandum which is on file will be the rate established for the most Length Carbon Steel Plate from the in the Central Records Unit, Room 1117, recent period for the manufacturer of Russian Federation and Ukraine of the main Commerce Building. In the merchandise; and (3) if neither the addition, a complete version of the exporter nor the manufacturer is a firm AGENCY: Import Administration, Decision Memorandum can be accessed covered in this or any previous review, International Trade Administration, directly on the Web at http:// the cash deposit rate will be the all– Department of Commerce. www.ia.ita.doc.gov/frn. The paper copy others rate of 21.50 percent from the SUMMARY: As a result of the respective and the electronic version of the LTFV investigation. See Polyethylene determinations by the Department of Decision Memorandum are identical in Terephthalate Film, Sheet, and Strip Commerce (‘‘the Department’’) and the content. From the Republic of Korea; Notice of International Trade Commission (‘‘ITC’’) Final Court Decision and Amended that revocation of the antidumping duty Changes Since the Preliminary Results Final Determination of Anti–Dumping order on certain cut–to-length carbon Based on our analysis of the Duty Investigation, 62 FR 50557 steel plate (‘‘CTL plate’’) from the comments received, we have made (September 26, 1997).1 People’s Republic of China (‘‘PRC’’) and certain changes in the margin the termination of the suspension calculations. These changes are Notification to Interested Parties agreements and the underlying discussed in the relevant sections of the The Department will disclose antidumping duty investigations on CTL Decision Memorandum and the calculations performed in connection plate from the Russian Federation Memorandum to the File from Michael with the final results of review within (‘‘Russia’’) and Ukraine (collectively, J. Heaney dated November 3, 2009 five days of the date of publication of ‘‘the Agreements’’) would likely lead to (Analysis Memorandum). Specifically, this notice in accordance with 19 CFR continuation or recurrence of dumping for these final results: 351.224(b). and material injury to an industry in the 1) We have deducted from NV the This notice also serves as a reminder United States, the Department is inland freight expenses incurred by to parties subject to administrative publishing this notice of continuation of Kolon in shipping PET film from its protective orders (APO) of their the antidumping duty order on CTL plant to its warehouse. responsibility concerning the plate from the PRC and continuation of 2) We have calculated a single, disposition of proprietary information the Agreements on CTL plate from importer–specific assessment rate disclosed under APO in accordance Russia and Ukraine. for Kolon’s CEP sales. with 19 CFR 351.305(a)(3). Timely EFFECTIVE DATE: November 10, 2009. Final Results of Review written notification of the return/ FOR FURTHER INFORMATION CONTACT: disposition of APO materials or Wendy Frankel (PRC), Maureen Price We determine that the following conversion to judicial protective order is (Russia) or Julie Santoboni (Ukraine), weighted–average margin percentage hereby requested. Failure to comply Import Administration, International exists for the period October 2, 2007, with the regulations and the terms of an Trade Administration, U.S. Department through May 31, 2008: APO is a sanctionable violation. of Commerce, 14th Street and Manufacturer / Exporter Margin We are issuing and publishing this Constitution Avenue, NW, Washington, determination in accordance with DC 20230; telephone (202) 482–5849, Kolon Industries, Inc...... 0.13 percent section 751(a)(1) and 777(i) of the Act. (202) 482–4271 or (202) 482–3063, (de minimis) Dated: November 3, 2009. respectively. Ronald K. Lorentzen, SUPPLEMENTARY INFORMATION: Assessment Acting Assistant Secretary for Import Background Since the final rate for Kolon Administration. Industries, Inc. is de minimis, the The Department initiated, and the ITC Department will instruct Customs and Appendix–Comments in Decision Memo instituted, sunset reviews of the Border Protection (CBP) to assess no 1. Inland Freight incurred by Kolon antidumping duty order on CTL plate dumping duties on the entries covered from plant to warehouse from the PRC and the Agreements on by this review. The Department intends 2. Calculation of a single, importer– CTL plate from Russia and Ukraine, to issue appraisement instructions to specific assessment rate for Kolon’s pursuant to section 751(c) of the Tariff CBP 15 days after the date of CEP sales Act of 1930, as amended (‘‘the Act’’). publication of these final results of 3. Zeroing See Initiation of Five-year (‘‘Sunset’’) review. [FR Doc. E9–27078 Filed 11–09–09; 8:45 am] Reviews, 73 FR 44968 (August 1, 2008) and Cut–To-Length Carbon Steel Plate BILLING CODE 3510–DS–S Cash Deposit Requirements From China, Russia, and Ukraine, 73 FR The following cash deposit 70368 (November 20, 2008). requirements will be effective upon 1 The Preliminary Results incorrectly listed the all others rate as 4.82 percent. However, that 4.82 cash As a result of its reviews, pursuant to publication of this final results of deposit rate was amended because of judicial sections 751(c) and 752 of the Act, the review for all shipments of the subject review to the 21.50 percent rate listed in this notice. Department determined that revocation
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of the antidumping duty order on CTL twice the thickness. Included as subject DEPARTMENT OF COMMERCE plate from the PRC and termination of merchandise in this order and these the Agreements on CTL plate from Agreements are flat–rolled products of International Trade Administration Russia and Ukraine would likely lead to nonrectangular cross- section where [A–570–904] a continuation or recurrence of dumping such cross-section is achieved and notified the ITC of the magnitude of subsequent to the rolling process (i.e., First Administrative Review of Certain the margins likely to prevail, should the products which have been ‘‘worked Activated Carbon from the People’s order and the Agreements be revoked or after rolling’’)--for example, products Republic of China: Final Results of terminated, respectively. See Certain which have been bevelled or rounded at Antidumping Duty Administrative Cut–To-Length Carbon Steel Plate From the edges. This merchandise is currently Review the People’s Republic of China: Notice classified in the Harmonized Tariff of Final Results of Expedited Sunset Schedule of the United States AGENCY: Import Administration, Review of Antidumping Duty Order, 73 (‘‘HTSUS’’) under item numbers International Trade Administration, FR 74143 (December 5, 2008), Certain 7208.40.3030, 7208.40.3060, Department of Commerce. Cut–to-Length Carbon Steel Plate from 7208.51.0030, 7208.51.0045, SUMMARY: On May 7, 2009, the Russia; Final Results of Expedited 7208.51.0060, 7208.52.0000, Department of Commerce (the Sunset Review of the Suspension 7208.53.0000, 7208.90.0000, ‘‘Department’’) published in the Federal Agreement, 73 FR 74461 (December 8, 7210.70.3000, 7210.90.9000, Register the preliminary results of the 2008), and Certain Cut–to-Length 7211.13.0000, 7211.14.0030, first administrative review of the Carbon Steel Plate from Ukraine; Final 7211.14.0045, 7211.90.0000, antidumping duty order on certain Results of Full Sunset Review of the 7212.40.1000, 7212.40.5000, activated carbon from the People’s Suspension Agreement, 74 FR 11910 7212.50.0000. Excluded from the subject Republic of China (‘‘PRC’’). See Certain (March 20, 2009). merchandise within the scope of this Activated Carbon From the People’s On October 13, 2009, pursuant to order and these Agreements is grade X– Republic of China: Notice of Preliminary section 751(c) of the Act, the ITC 70 plate. Although the HTSUS Results of the Antidumping Duty determined that revocation of the subheadings are provided for Administrative Review and Extension of antidumping duty order on CTL plate convenience and customs purposes, our Time Limits for the Final Results, 74 FR from the PRC and termination of the written description of the scope of the 21317 (May 7, 2009) (‘‘Preliminary Agreements on CTL plate from Russia order and the Agreements is dispositive. Results’’). We gave interested parties an and Ukraine would be likely to lead to opportunity to comment on the continuation or recurrence of material Continuation Preliminary Results. Based upon our injury to an industry in the United As a result of the respective analysis of the comments and States within a reasonably foreseeable information received, we made changes time. See Cut–to-Length Carbon Steel determinations by the Department and the ITC that revocation of the to the margin calculations for the final Plate From China, Russia, and Ukraine, results. We continue to find that certain 74 FR 56666 (November 2, 2009). antidumping duty order on CTL plate from the PRC and termination of the exporters have sold subject merchandise Therefore, pursuant to section at less than normal value during the 351.218(f)(4) of the Department’s Agreements on CTL plate from Russia and Ukraine would likely lead to period of review (‘‘POR’’), October 11, regulations, the Department is 2006, through March 31, 2008. publishing this notice of the continuation or recurrence of dumping continuation of the antidumping duty and material injury to an industry in the EFFECTIVE DATE: November 10, 2009. order on CTL plate from the PRC and United States, pursuant to section FOR FURTHER INFORMATION CONTACT: continuation of the Agreements on CTL 751(d)(2) of the Act, the Department Robert Palmer, AD/CVD Operations, plate from Russia and Ukraine. hereby gives notice of the continuation Office 9, Import Administration, of the antidumping duty order on CTL International Trade Administration, Scope plate from the PRC and the continuation U.S. Department of Commerce, 14th The products covered under the of the Agreements on CTL plate from Street and Constitution Avenue, NW, antidumping duty order and the Russia and Ukraine. The effective dates Washington, DC 20230; telephone: (202) Agreements are hot–rolled iron and of continuation will be the date of 482–9068. non–alloy steel universal mill plates publication in the Federal Register of SUPPLEMENTARY INFORMATION: (i.e., flat–rolled products rolled on four this Continuation Notice. Pursuant to faces or in a closed box pass, of a width sections 751(c)(2) and 751(c)(6) of the Background exceeding 150 mm but not exceeding Act, the Department intends to initiate On June 4, 2008, the Department 1250 mm and of a thickness of not less the next five-year sunset reviews of the initiated this review with respect to 90 than 4 mm, not in coils and without antidumping duty order on CTL plate companies upon which an patterns in relief), of rectangular shape, from the PRC and the Agreements on administrative review was requested. neither clad, plated nor coated with CTL plate from Russia and Ukraine not See Initiation of Antidumping and metal, whether or not painted, later than October 2014. Countervailing Duty Administrative varnished, or coated with plastics or These five-year (sunset) reviews and Reviews and Requests for Revocation in other nonmetallic substances; and notice are in accordance with section Part, 73 FR 31813 (June 4, 2008) certain iron and non–alloy steel flat– 751(c) of the Act and published (‘‘Initiation Notice’’). Subsequently, rolled products not in coils, of pursuant to section 777(i)(1) of the Act. pursuant to section 351.213(d)(1) of the rectangular shape, hot–rolled, neither Department’s regulations, the Dated: November 4, 2009. clad, plated, nor coated with metal, Department rescinded the whether or not painted, varnished, or Ronald K. Lorentzen, administrative review with respect to 57 coated with plastics or other Acting Assistant Secretary for Import companies, based upon Petitioners’1 nonmetallic substances, 4.75 mm or Administration. more in thickness and of a width which [FR Doc. E9–27085 Filed 11–9–09; 8:45 am] 1 Norit Americas Inc. and Calgon Carbon exceeds 150 mm and measures at least BILLING CODE 3510–DS–S Corporation .
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timely withdrawal of review requests. conducted multiple verifications of See Decision Memo at Comments 2d, 3b, See Certain Activated Carbon From the respondents’ questionnaire responses.6 3c, 3d, 3g, and 3h. We have also People’s Republic of China: Notice of corrected various ministerial errors Analysis of Comments Received Partial Rescission of Antidumping Duty alleged by respondents. See Decision Administrative Review, 73 FR 42550 All issues raised in the case and Memo at Comments 6–9, 13–15, and 19– (July 22, 2008). On October 1, 2008, the rebuttal briefs by parties to these 20. Lastly, we have reapplied certain Department rescinded the reviews are addressed in the allocation methodologies for data administrative review with respect to an ‘‘Administrative Review of Certain submitted by respondents. See Decision additional 19 companies, based on Activated Carbon from the People’s Memo at Comments 11–12. For all Petitioners’ timely withdrawal of review Republic of China: Issues and Decision changes to the calculations, see Decision requests. See Certain Activated Carbon Memorandum for the Final Results,’’ Memo and the company specific from the People’s Republic of China: which is dated concurrently with this analysis memoranda. notice (‘‘Decision Memo’’). A list of the Notice of Partial Rescission of Scope Of The Order Antidumping Duty Administrative issues which parties raised and to Review, 73 FR 57058 (October 1, 2008). which we respond in the Decision The merchandise subject to this order Thus, 14 companies remain subject to Memo is attached to this notice as an is certain activated carbon. Certain this review. Appendix. The Decision Memo is a activated carbon is a powdered, public document and is on file in the granular, or pelletized carbon product As noted above, on May 7, 2009, the Central Records Unit (‘‘CRU’’), Main obtained by ‘‘activating’’ with heat and Department published the Preliminary Commerce Building, Room 1117, and is steam various materials containing Results of this administrative review accessible on the Department’s website carbon, including but not limited to coal where we also extended the deadline for at http://www.trade.gov/ia. The paper (including bituminous, lignite, and the final results by 60 days after copy and electronic version of the anthracite), wood, coconut shells, olive publication of the Preliminary Results. memorandum are identical in content. stones, and peat. The thermal and steam See Preliminary Results. On July 20, treatments remove organic materials and 2 Changes Since the Preliminary Results 2009, Jacobi Carbons AB (‘‘Jacobi’’), create an internal pore structure in the Ningxia Guanghua Cherishmet Based on a review of the record as carbon material. The producer can also Activated Carbon Co., Ltd. well as comments received from parties use carbon dioxide gas (CO2) in place of 3 (‘‘Cherishmet’’), and Calgon Carbon regarding our Preliminary Results, we steam in this process. The vast majority (Tianjin) Co., Ltd. (‘‘CCT’’) submitted have made revisions to certain surrogate of the internal porosity developed additional surrogate value information. values and the margin calculations for during the high temperature steam (or On July 30, 2009, Petitioners submitted CCT, Jacobi, and Cherishmet in the final CO2 gas) activated process is a direct rebuttal surrogate value information. results. Specifically, we have updated result of oxidation of a portion of the On September 3, 2009, we set the the surrogate values for several inputs. solid carbon atoms in the raw material, deadline for interested parties to submit converting them into a gaseous form of case briefs and rebuttal briefs to 6 See ‘‘Memorandum to the File through carbon. September 14, 2009, and September 21, Catherine Bertrand, Program Manager, Office 9, The scope of this order covers all 2009, respectively. On September 15, from Julia Hancock, Senior Case Analyst, Office 9, and Robert Palmer, Analyst, Office 9, re: forms of activated carbon that are 2009, we extended the deadline for Verification of the Sales Response of Jacobi Carbons activated by steam or CO2, regardless of parties to submit rebuttal briefs to AB, Tianjin Jacobi International Trading Co., Ltd., the raw material, grade, mixture, September 23, 2009. On September 14, and Jacobi Carbons, Inc. in the First Antidumping additives, further washing or post– 2009, the Petitioners, Jacobi, CCT, Duty Administrative Review of Certain Activated activation chemical treatment (chemical Carbon from the People’s Republic of China Cherishmet, Sorbent Technologies (‘‘PRC’’),’’ dated September 2, 2009. On August 3 or water washing, chemical Corporation (‘‘Sorbent’’)4 and certain SR and 4, 2009, we conducted a verification of NXHH. impregnation or other treatment), or Respondents5 filed case briefs. On See ‘‘Memorandum to the File through Catherine product form. Unless specifically September 23, 2009, the Petitioners, Bertrand, Program Manager, Office 9 from Julia excluded, the scope of this order covers Hancock, Senior Case Analyst, Office 9, re: Jacobi, CCT, and Cherishmet filed Verification of the Sales and Factors Response of all physical forms of certain activated rebuttal briefs. The Department did not Jacobi’s Supplier, Ningxia Huahui Activated Carbon carbon, including powdered activated hold a public hearing pursuant to 19 Co., Ltd. (‘‘NXHH’’), in the 1st Administrative carbon (‘‘PAC’’), granular activated CFR 351.310(d), as all hearing requests Review of Certain Activated Carbon from the carbon (‘‘GAC’’), and pelletized People’s Republic of China (‘‘PRC’’),’’ dated August made by interested parties were 31, 2009. On August 5 and 6, 2009, we conducted activated carbon. withdrawn. a verification of NXGH FOP data. See Excluded from the scope of the order ‘‘Memorandum to the File through Catherine are chemically activated carbons. The Verification Bertrand, Program Manager, Office 9 from Julia carbon–based raw material used in the Hancock, Senior Case Analyst, Office 9, re: Pursuant to section 351.307(b)(iv) of Verification of the Sales and Factors Response of chemical activation process is treated the Department’s regulations, we Jacobi’s Supplier, Ningxia Guanghua Activated with a strong chemical agent, including Carbon Co., Ltd. (‘‘NXGH’’), in the 1st but not limited to phosphoric acid, zinc Administrative Review of Certain Activated Carbon 2 chloride sulfuric acid or potassium Consisting of Jacobi Carbons AB and its from the People’s Republic of China (‘‘PRC’’),’’ affiliates, Tianjin Jacobi International Trading Co., dated September 2, 2009. Finally, between August hydroxide, that dehydrates molecules in Ltd. and Jacobi Carbons, Inc. 7 and 11, 2009, we conducted a verification of the raw material, and results in the 3 Consisting of Ningxia Guanghua Cherishmet GHC’s sales and FOP data. See ‘‘Memorandum to formation of water that is removed from Activated Carbon Co., Ltd. (‘‘GHC’’), Beijing Pacific the File through Catherine Bertrand, Program the raw material by moderate heat Activated Carbon Products Co., Ltd. (‘‘Beijing Manager, Office 9 from Julia Hancock, Senior Case Pacific’’), and Cherishmet Inc. Analyst, Office 9, Irene Gorelik, Senior Case treatment. The activated carbon created 4 Currently known as ‘‘Albemarle Sorbent Analyst, Office 9, and Robert Palmer, Analyst, by chemical activation has internal Technologies Corp.,’’ an interested party in this Office 9, re: Verification of the Sales and Factors porosity developed primarily due to the case. Response of Ningxia Guanghua Cherishmet action of the chemical dehydration 5 These respondents are Ningxia Lingzhou Activated Carbon Company, Ltd. in the First Foreign Trade Company (‘‘Lingzhou’’), Ningxia Antidumping Duty Administrative Review of agent. Chemically activated carbons are Huahui Activated Carbon Co, Ltd; (‘‘Huahui ’’) and Certain Activated Carbon from the People’s typically used to activate raw materials Tangshan Solid Carbon Co., Ltd. (‘‘Tangshan’’) Republic of China (‘‘PRC’’),’’ dated August 31, 2009. with a lignocellulosic component such
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as cellulose, including wood, sawdust, and because the Department has no Ltd.) did not participate in this paper mill waste and peat. evidence indicating that either company administrative review, we preliminarily To the extent that an imported is under the control of the PRC, a assigned to Jilin total adverse facts activated carbon product is a blend of separate rates analysis is not necessary available (‘‘AFA’’). See Preliminary steam and chemically activated carbons, to determine whether they are Results, 74 FR at 21321–2. We further products containing 50 percent or more independent from government control. stated that, as a result of Jilin’s steam (or CO2 gas) activated carbons are With respect to GHC, we preliminarily termination of participation from the within this scope, and those containing granted separate rate status to it based instant proceeding, we did not grant more than 50 percent chemically on the submitted information. We also Jilin a separate rate and consider Jilin activated carbons are outside this scope. preliminarily determined that one of the part of the PRC–wide entity. See id. This exclusion language regarding exporters under review not selected for Because we have not received any blended material applies only to individual examination, Tangshan Solid information since the Preliminary mixtures of steam and chemically Carbon Co., Ltd., reported that it is 100 Results that provides a basis for a activated carbons. percent foreign owned. Accordingly, the reconsideration of that finding, we Also excluded from the scope are Department also preliminarily granted continue to find that Jilin is not eligible reactivated carbons. Reactivated carbons separate rate status to Tangshan Solid for a separate rate for these final results are previously used activated carbons Carbon Co. Ltd. See Preliminary Results and remains subject to the PRC–wide that have had adsorbed materials at 21323–4. entity rate. removed from their pore structure after With the exception of Hebei Foreign, use through the application of heat, we have not received any information Facts Available steam and/or chemicals. since the issuance of the Preliminary Section 776(a)(2) of the Act provides Also excluded from the scope is Results that provides a basis for the that if an interested party: (A) withholds activated carbon cloth. Activated carbon reconsideration of these preliminary information that has been requested by cloth is a woven textile fabric made of determinations. Therefore, the the Department; (B) fails to provide such or containing activated carbon fibers. It Department continues to find that CCT, information in a timely manner or in the is used in masks and filters and clothing Jacobi, GHC, Tangshan Solid Carbon Co. form or manner requested, subject to of various types where a woven format Ltd., Datong Municipal Yunguang subsections 782(c)(1) and (e) of the Act; is required. Activated Carbon Co., Ltd., Ningxia (C) significantly impedes a Any activated carbon meeting the Huahui Activated Carbon Co., Ltd., determination under the antidumping physical description of subject Ningxia Lingzhou Foreign Trade Co., statute; or (D) provides such information merchandise provided above that is not Ltd., Tangshan Solid Carbon Co., Ltd., but the information cannot be verified, expressly excluded from the scope is and Tianjin Maijin Industries Co., Ltd. the Department shall, subject to included within this scope. The meet the criteria for a separate rate. subsection 782(d) of the Act, use facts products subject to the order are With respect to Hebei Foreign, the otherwise available in reaching the currently classifiable under the Department is revoking Hebei Foreign’s applicable determination. Harmonized Tariff Schedule of the separate rate for these final results Furthermore, section 776(b) of the Act United States (‘‘HTSUS’’) subheading following certain information placed on provides that, if the Department finds 3802.10.00. Although the HTSUS the record of this review after the that an interested party ‘‘has failed to subheading is provided for convenience Preliminary Results which demonstrate cooperate by not acting to the best of its and customs purposes, the written that Hebei Foreign’s separate rate status ability to comply with a request for description of the scope of this order is was based upon incorrect information. information,’’ the Department may use dispositive. For further details, see Decision Memo information that is adverse to the at Comment 22. interests of that party as facts otherwise Separate Rates Additionally, in the Preliminary available. Adverse inferences are In our Preliminary Results, we Results, we stated that Ningxia Mineral appropriate ‘‘to ensure that the party determined that the following &Chemical Limited, one of the 14 does not obtain a more favorable result companies met the criteria for separate companies with an active review by failing to cooperate than if it had rate status: Ningxia Huahui Activated request, did not submit either a cooperated fully.’’ See Statement of Carbon Co., Ltd.; Ningxia Lingzhou separate–rate application or Administrative Action (‘‘SAA’’) Foreign Trade Co., Ltd.; Tangshan Solid certification. Thus, we preliminarily accompanying the URAA, H.R. Doc. No. Carbon Co., Ltd.; Tianjin Maijin determined that it did not demonstrate 316, 103d Cong., 2d Session at 870 Industries Co., Ltd.; Datong Municipal its eligibility for separate rate status, and (1994). An adverse inference may Yunguang Activated Carbon Co., Ltd.; was included as part of the PRC–wide include reliance on information derived and Hebei Foreign Trade Advertisement entity. Because we have not received from the petition, the final Company (and its successor company, any information since the issuance of determination in the investigation, any Hebei Shenglun Import and Export the Preliminary Results that provides a previous review, or any other Group Company) (‘‘Hebei Foreign’’). basis for a reconsideration of that information placed on the record. See Additionally, in the Preliminary finding, we continue to find that section 776(b) of the Act. Results, we also noted that, the Ningxia Mineral & Chemical Limited As noted in the Preliminary Results, Department received completed did not meet the criteria for a separate the Department selected Jilin for responses to the Section A portion of rate for the final results. Thus, for these individual examination in this review. the NME questionnaire from the final results, Ningxia Mineral & However, Jilin did not respond to any of individually reviewed respondents Chemical Limited will remain subject to the Department’s requests for (CCT, Jacobi, and GHC), which the PRC–wide entity rate. information.7 Because Jilin did not contained information pertaining to the Lastly, as noted in the Preliminary respond to the Department’s requests for companies’ eligibility for a separate rate. Results, because Jilin Bright Future information and failed to demonstrate With respect to CCT and Jacobi, we Chemicals Company, Ltd. (‘‘Jilin’’) that it qualifies for separate rate status, preliminarily determined that there is (including affiliate Jilin Province Bright no PRC ownership of either company, Future Industry and Commerce Co., 7 See Preliminary Results, 74 FR at 21321.
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we have determined Jilin to be a part of assigned Hebei Foreign the PRC–wide exporter/importer (or customer)-specific the PRC–wide entity.8 Consequently, entity rate of 228.11 percent.Affiliation assessment rates for the merchandise because the PRC–wide entity, including – GHC subject to this review. Where the Jilin, withheld requested information, In the Preliminary Results, we found respondent has reported reliable entered failed to provide information in a timely Beijing Pacific, Cherishmet, GH and values, we calculated importer (or manner and in the form requested, and GHC to be a single entity for purposes customer)-specific ad valorem rates by significantly impeded this proceeding, of this administrative review. See aggregating the dumping margins we continue to find that the PRC–wide Preliminary Results at 21319–21320; see calculated for all U.S. sales to each entity, including Jilin, failed to 19 CFR 351.401(f). Because we have not importer (or customer) and dividing this cooperate to the best of its ability, and, received any information on the record amount by the total entered value of the accordingly, apply AFA to calculate a that contradicts our preliminary finding, sales to each importer (or customer). See margin for the PRC–wide entity. The we shall continue to find Beijing Pacific, 19 CFR 351.212(b)(1). Where an Department’s determination is in Cherishmet, GH and GHC to be a single importer (or customer)-specific ad accordance with sections 776(a)(2)(A), entity for these final results. valorem rate is greater than de minimis, (B), (C) and 776(b) of the Act.9 we will apply the assessment rate to the In the Initiation Notice, we required Final Results Of Review entered value of the importers’/ that all companies listed therein The weighted–average dumping customers’ entries during the POR. See wishing to qualify for separate rate margins for the POR are as follows: 19 CFR 351.212(b)(1). status in this administrative review to Where we do not have entered values submit, as appropriate, either a separate CERTAIN ACTIVATED CARBON FROM for all U.S. sales, we calculated a per– 10 rate application or certification. As THE PEOPLE’S REPUBLIC OF CHINA unit assessment rate by aggregating the noted above, the Department initiated antidumping duties due for all U.S. this administrative review with respect Weighted Average sales to each importer (or customer) and to 90 companies, and rescinded the Manufacturer/Exporter Margin (Percent) dividing this amount by the total review on 76 of those 90 companies. quantity sold to that importer (or Thus, including CCT, Jacobi, and GHC, Calgon Carbon (Tianjin) customer). See 19 CFR 351.212(b)(1). To 14 companies remain subject to this Co., Ltd...... 14.58 % determine whether the duty assessment 1 review. We note that one of the 14 Jacobi Carbons AB ..... 18.22 % rates are de minimis, in accordance with companies, Ningxia Mineral & Chemical Ningxia Guanghua the requirement set forth in 19 CFR Cherishmet Activated Limited, did not demonstrate its Carbon Co., Ltd.2 ...... 18.40 % 351.106(c)(2), we calculated importer eligibility for separate rate status in this Datong Municipal (or customer)-specific ad valorem ratios administrative review. In the Yunguang Activated based on the estimated entered value. Preliminary Results, the Department Carbon Co., Ltd...... 16.40 % Where an importer (or customer)- determined that those companies which Ningxia Huahui Acti- specific ad valorem rate is zero or de did not demonstrate eligibility for a vated Carbon Co., minimis, we will instruct CBP to separate rate are properly considered Ltd...... 16.40 % liquidate appropriate entries without part of the PRC–Wide entity.11 Since the Ningxia Lingzhou For- regard to antidumping duties. See 19 Preliminary Results, neither Ningxia eign Trade Co., Ltd. .. 16.40 % CFR 351.106(c)(2).For the companies Mineral & Chemical Limited nor Jilin Tangshan Solid Carbon receiving a separate rate that were not Co., Ltd...... 16.40 % submitted comments regarding these Tianjin Maijin Industries selected for individual review, we will findings. Therefore, we continue to treat Co., Ltd...... 16.40 % calculate an assessment rate based on these entities as part of the PRC–Wide PRC–Wide Rate3 ...... 228.11 % the simple average of the cash deposit entity. Further, as stated above, since rates calculated for the companies 1 And its affiliates, Tianjin Jacobi Inter- selected for individual review pursuant the Preliminary Results, the Department national Trading Co., Ltd. and Jacobi Carbons, placed information on the record which Inc. to section 735(c)(5)(B) of the Act. 2 shows evidence that Hebei Foreign’s Ningxia Guanghua Cherishment Activated Cash Deposit Requirements separate rate status was based on Carbon Co., Ltd. and the following companies incorrect information, resulting in the have been determined to be a single entity: The following cash deposit Beijing Pacific Activated Carbon Products Co., requirements will be effective upon revocation of Hebei Foreign’s separate Ltd., Ningxia Guanghua Activated Carbon rate. Hebei Foreign has not submitted Company, and Company A. Thus, the cal- publication of these final results of any information to contradict the culated margin applies to the single entity. administrative review for all shipments 3 evidence on the record. Thus, we have The PRC–Wide entity includes Hebei For- of the subject merchandise entered, or eign Trade Advertisement Company, Ningxia withdrawn from warehouse, for Mineral & Chemical Limited, Jilin Bright Future 8 Id. Chemicals Company, Ltd. and its affiliate, Jilin consumption on or after the publication 9 See, e.g., Non–Malleable Cast Iron Pipe Fittings Province Bright Future Industry and Com- date, as provided for by section from the People’s Republic of China: Final Results merce Co., Ltd. 751(a)(2)(C) of the Act: (1) for the of Antidumping Duty Administrative Review, 71 FR exporters listed above, the cash deposit 69546 (December 1, 2006) and accompanying Issues Assessment and Decision Memorandum at Comment 1. See also rate will be established in the final Certain Frozen Warmwater Shrimp from the Upon issuance of these final results, results of this review (except, if the rate Socialist Republic of Vietnam: Preliminary Results the Department will determine, and CBP is zero or de minimis, i.e., less than 0.5 of the First Administrative Review and New Shipper shall assess, antidumping duties on all percent, no cash deposit will be Review, 72 FR 10689, 10692 (March 9, 2007) appropriate entries covered by these (decision to apply total AFA to the NME–wide required for that company); (2) for entity) unchanged in Certain Frozen Warmwater reviews. The Department intends to previously investigated or reviewed PRC Shrimp From the Socialist Republic of Vietnam: issue assessment instructions to CBP 15 and non–PRC exporters not listed above Final Results of the First Antidumping Duty days after the publication date of the that have separate rates, the cash Administrative Review and First New Shipper final results of this review excluding Review, 72 FR 52052 (September 12, 2007) deposit rate will continue to be the (‘‘Vietnam Shrimp AR1’’). any reported sales that entered during exporter–specific rate published for the 10 See Initiation Notice. the gap period. In accordance with 19 most recent period; (3) for all PRC 11 See Preliminary Results. CFR 351.212(b)(1), we calculated exporters of subject merchandise which
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have not been found to be entitled to a Coal h.Surrogate Value Applied to DEPARTMENT OF COMMERCE separate rate, the cash deposit rate will Activated Carbon i.HTS Numbers Used be the PRC–wide rate of 228.11 percent; for Starch, Paint Thinner, and Ink International Trade Administration and (4) for all non–PRC exporters of Surrogate Values [A–570–912] subject merchandise which have not Company–Specific Issues received their own rate, the cash deposit Certain New Pneumatic Off–the-Road rate will be the rate applicable to the CCT Tires from the People’s Republic of PRC exporters that supplied that non– Comment 4: Application of Total China: Initiation of Changed PRC exporter. These deposit Adverse Facts Available Circumstances Review requirements, when imposed, shall Comment 5: Corrections to Submitted remain in effect until further notice. AGENCY: Import Administration, Data a.Treatment of the Universe of International Trade Administration, Reimbursement of Duties Factor Data for Normal Value Department of Commerce. b.Treatment of U.S. Indirect Selling This notice also serves as a final SUMMARY: The Department of Commerce Expenses c.Treatment of Factor Data for reminder to importers of their (‘‘Department’’) has received Labor, Electricity, and Water d. responsibility under 19 CFR 351.402(f) information sufficient to warrant Treatment of Freight for Tolling to file a certificate regarding the initiation of a changed circumstances Operations reimbursement of antidumping duties review of the antidumping duty order Comment 6: Freight Expense prior to liquidation of the relevant on certain new pneumatic off–the-road Calculation entries during this POR. Failure to tires from the People’s Republic of Comment 7: Surrogate Margin for comply with this requirement could China (‘‘PRC’’). Specifically, based upon Further Manufactured Sales result in the Department’s presumption a request filed by Mai Shandong Radial Comment 8: Importer–Specific that reimbursement of antidumping Tyre Co., Ltd. (‘‘Mai Shandong’’), the Assessment Rate duties has occurred and the subsequent Department is initiating a changed Comment 9: Ministerial Error for assessment of doubled antidumping circumstances review to determine Units of Measure Conversions a.PE Film duties. whether Mai Shandong is the b.Plastic Strap/Packing String c.Plastic successor–in-interest to Shandong Jinyu Administrative Protective Orders Rope Tyre Co., Ltd. (‘‘Shandong Jinyu’’), a This notice also serves as a reminder Jacobi separate–rate respondent in the original to parties subject to administrative investigation. Comment 10: Application of Adverse protective orders (‘‘APO’’) of their Facts Available a.Application of Total EFFECTIVE DATE: November 10, 2009. responsibility concerning the return or AFA for Jacobi and NXHH FOR FURTHER INFORMATION CONTACT: destruction of proprietary information b.Application of Total AFA for Jacobi Raquel Silva, AD/CVD Operations, disclosed under APO in accordance and NXGH c.Application of Partial Office 8, Import Administration, with 19 CFR 351.305, which continues Adverse Facts Available for Jacobi and International Trade Administration, to govern business proprietary NXHH d. Application of Partial Adverse U.S. Department of Commerce, 1401 information in this segment of the Facts Available for Jacobi and NXGH Constitution Avenue, NW, Washington, proceeding. Timely written notification Comment 11: Facts Available for DC 20230; telephone: 202–482–6475. of the return/destruction of APO Jacobi and DTHB SUPPLEMENTARY INFORMATION: materials or conversion to judicial Comment 12: Yield Loss Reporting by protective order is hereby requested. Background Jacobi and DTHB and DTFW Failure to comply with the regulations Comment 13: Ministerial Error for On September 4, 2008, the and terms of an APO is a violation Domestic Brokerage and Handling Department published in the Federal which is subject to sanction. Register an antidumping duty order on We are issuing and publishing this Comment 14: Ministerial Error for Quantity Variable Used certain new pneumatic off–the-road administrative review and notice in tires from the PRC. See Certain New accordance with sections 751(a)(1) and Comment 15: Ministerial Error for Units of Measure Conversions Pneumatic Off–the-Road Tires from the 777(i) of the Act. People’s Republic of China: Notice of Dated: November 3, 2009. Cherishmet Amended Final Affirmative Ronald K. Lorentzen, Comment 16:Application of Total Determination of Sales at Less Than Acting Assistant Secretary for Import Adverse Facts Available Fair Value and Antidumping Duty Administration. Comment 17: Application of Partial Order, 73 FR 51624 (September 4, 2008). Adverse Facts Available a.Cherishmet As part of that order, Shandong Jinyu Appendix I – Decision Memorandum and GHC b.Activated Carbon and received the separate–rate respondent General Issues Potassium c. Acid Washing Yield Loss amended rate of 12.91 percent. Id. at Comment 1:Treatment of Sales with Comment 18: Columnar Coal 51627. On September 14, 2009, Mai Negative Margins Comment 19:Ministerial Error for Shandong filed a submission requesting Comment 2:Surrogate Financial Ratios Units of Measure Conversion a.Plastic that the Department conduct a changed a.Miscalculated Expenses b.Use of Indo Bags b.Packing Freight circumstances review of the German Carbons’ Financial Statements Comment 20:Ministerial Error for antidumping duty order on certain new c.Use of Core Carbons’ Financial Domestic Inland Freight Calculation pneumatic off–the-road tires from the Statements d. Use of Quantum Active Comment 21: Qualification for a PRC to confirm that it is the successor– Carbons’ Financial Statements Separate Rate in-interest to Shandong Jinyu.1 In its Comment 3:Surrogate Values a.Wage Hebei Foreign Rate Methodology b.Time Period Used 1 See Letter from Mai Shandong to the Comment 22: Separate Rate Status Department regarding Certain New Pneumatic Off- for Surrogate Values c.Bituminous Coal The-Road Tires from the People’s Republic of d.Hydrochloric Acid e.Carbonized [FR Doc. E9–27083 Filed 11–9–09; 8:45 am] China, Request for Changed Circumstances Review Materials f.Coal Tar g.Energy and Steam BILLING CODE 3510–DS–S (Case No. A-570-912) (September 14, 2009).
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submission, Mai Shandong provided the haul trucks,8 front end loaders,9 radial or non–radial, and intended for Joint Venture Contract, Articles of dozers,10 lift trucks, straddle carriers,11 sale either to original equipment Association and various other contracts graders,12 mobile cranes,13 compactors; manufacturers or the replacement relating to the transfer of assets from and (3) industrial vehicles and market. The subject merchandise is Shandong Jinyu to Mai Shandong. In equipment, including smooth floor, currently classifiable under Harmonized addition, Mai Shandong provided industrial, mining, counterbalanced lift Tariff Schedule of the United States narrative explanation and limited trucks, industrial and mining vehicles (‘‘HTSUS’’) subheadings: 4011.20.10.25, documentation relating to the other than smooth floor, skid–steers/ 4011.20.10.35, 4011.20.50.30, management, production facilities and mini–loaders, and smooth floor off–the- 4011.20.50.50, 4011.61.00.00, road counterbalanced lift trucks.14 The process, customer base, supplier 4011.62.00.00, 4011.63.00.00, foregoing list of vehicles and equipment relationships, distribution and 4011.69.00.00, 4011.92.00.00, generally have in common that they are marketing channels and product mix of 4011.93.40.00, 4011.93.80.00, used for hauling, towing, lifting, and/or 4011.94.40.00, and 4011.94.80.00. While both it and Shandong Jinyu. As part of loading a wide variety of equipment and HTSUS subheadings are provided for its September 14, 2009 submission, Mai materials in agricultural, construction convenience and customs purposes, our Shandong requested that the and industrial settings. Such vehicles written description of the scope is Department conduct an expedited and equipment, and the descriptions dispositive. review. contained in the footnotes are Specifically excluded from the scope Scope of the Order illustrative of the types of vehicles and are new pneumatic tires designed, equipment that use certain OTR tires, manufactured and offered for sale The products covered by the order are but are not necessarily all–inclusive. primarily for on–highway or on–road new pneumatic tires designed for off– While the physical characteristics of use, including passenger cars, race cars, the-road (OTR) and off–highway use, certain OTR tires will vary depending station wagons, sport utility vehicles, subject to exceptions identified below. on the specific applications and minivans, mobile homes, motorcycles, Certain OTR tires are generally conditions for which the tires are bicycles, on–road or on–highway designed, manufactured and offered for designed (e.g., tread pattern and depth), trailers, light trucks, and trucks and sale for use on off–road or off–highway all of the tires within the scope have in buses. Such tires generally have in common that they are designed for off– surfaces, including but not limited to, common that the symbol ‘‘DOT’’ must road and off–highway use. Except as appear on the sidewall, certifying that agricultural fields, forests, construction discussed below, OTR tires included in sites, factory and warehouse interiors, the tire conforms to applicable motor the scope of the order range in size (rim vehicle safety standards. Such excluded airport tarmacs, ports and harbors, diameter) generally but not exclusively mines, quarries, gravel yards, and steel tires may also have the following from 8 inches to 54 inches. The tires designations that are used by the Tire mills. The vehicles and equipment for 15 may be either tube–type or tubeless, and Rim Association: which certain OTR tires are designed for use include, but are not limited to: (1) 8 Haul trucks, which may be either rigid frame or Prefix letter designations: agricultural and forestry vehicles and articulated (i.e., able to bend in the middle) are • typically used in mines, quarries and construction P - Identifies a tire intended equipment, including agricultural sites to haul soil, aggregate, mined ore, or debris. primarily for service on passenger tractors,2 combine harvesters,3 9 Front loaders have lift arms in front of the cars; agricultural high clearance sprayers,4 vehicle. They can scrape material from one location • LT - Identifies a tire intended 5 6 to another, carry material in their buckets, or load industrial tractors, log–skidders, material into a truck or trailer. primarily for service on light trucks; agricultural implements, highway– 10 A dozer is a large four-wheeled vehicle with a and, towed implements, agricultural logging, dozer blade that is used to push large quantities of • ST - Identifies a special tire for and agricultural, industrial, skid–steers/ soil, sand, rubble, etc., typically around trailers in highway service. construction sites. They can also be used to perform 7 mini–loaders; (2) construction vehicles ‘‘rough grading’’ in road construction. Suffix letter designations: and equipment, including earthmover 11 A straddle carrier is a rigid frame, engine- • articulated dump products, rigid frame powered machine that is used to load and offload TR - Identifies a tire for service on containers from container vessels and load them trucks, buses, and other vehicles onto (or off of) tractor trailers. with rims having specified rim 2 Agricultural tractors are dual-axle vehicles that 12 A grader is a vehicle with a large blade used diameter of nominal plus 0.156’’ or typically are designed to pull farming equipment in to create a flat surface. Graders are typically used the field and that may have front tires of a different to perform ‘‘finish grading.’’ Graders are commonly plus 0.250’’; size than the rear tires. used in maintenance of unpaved roads and road • MH - Identifies tires for Mobile 3 Combine harvesters are used to harvest crops construction to prepare the base course onto which Homes; such as corn or wheat. asphalt or other paving material will be laid. • HC - Identifies a heavy duty tire 13 i.e., ‘‘on-site’’ mobile cranes designed for off- 4 Agricultural sprayers are used to irrigate highway use. designated for use on ‘‘HC’’ 15’’ agricultural fields 14 A counterbalanced lift truck is a rigid framed, tapered rims used on trucks, buses, 5 Industrial tractors are dual-axle vehicles that engine-powered machine with lift arms that has and other vehicles. This suffix is typically are designed to pull industrial equipment additional weight incorporated into the back of the intended to differentiate among and that may have front tires of a different size than machine to offset or counterbalance the weight of the rear tires. loads that it lifts so as to prevent the vehicle from tires for light trucks, and other 6 A log-skidder has a grappling lift arm that is overturning. An example of a counterbalanced lift vehicles or other services, which used to grasp, lift and move trees that have been truck is a counterbalanced fork lift truck. use a similar designation. cut down to a truck or trailer for transport to a mill Counterbalanced lift trucks may be designed for use • Example: 8R17.5 LT, 8R17.5 HC; or other destination. on smooth floor surfaces, such as a factory or • warehouse, or other surfaces, such as construction LT - Identifies light truck tires for 7 Skid-steer loaders are four-wheel drive vehicles sites, mines, etc. service on trucks, buses, trailers, with the left-side drive wheels independent of the 15 While tube-type tires are subject to the scope and multipurpose passenger right-side drive wheels and lift arms that lie of this proceeding, tubes and flaps are not subject vehicles used in nominal highway alongside the driver with the major pivot points merchandise and therefore are not covered by the service; and behind the driver’s shoulders. Skid-steer loaders are scope of this proceeding, regardless of the manner • used in agricultural, construction and industrial in which they are sold (e.g., sold with or separately MC - Identifies tires and rims for settings. from subject merchandise). motorcycles.
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The following types of tires are also Atlantic Salmon from Norway; Final Dated: November 2, 2009. excluded from the scope: pneumatic Results of Changed Circumstances John M. Andersen, tires that are not new, including Antidumping Duty Administrative Acting Deputy Assistant Secretary for recycled or retreaded tires and used Review, 64 FR 9979, 9980 (March 1, Antidumping and Countervailing Duty tires; non–pneumatic tires, including 1999). Operations. solid rubber tires; tires of a kind [FR Doc. E9–27071 Filed 11–9–09; 8:45 am] Based on the information provided in designed for use on aircraft, all–terrain BILLING CODE 3510–DS–S vehicles, and vehicles for turf, lawn and its submission, Mai Shandong has garden, golf and trailer applications. provided sufficient evidence to warrant Also excluded from the scope are radial a review to determine if it is the DEPARTMENT OF COMMERCE and bias tires of a kind designed for use successor–in-interest to Shandong in mining and construction vehicles and Jinyu. Therefore, pursuant to section International Trade Administration equipment that have a rim diameter 751(b)(1) of the Act and 19 CFR Application(s) for Duty-Free Entry of equal to or exceeding 39 inches. Such 351.216(d), we are initiating a changed Scientific Instruments tires may be distinguished from other circumstances review. Although Mai tires of similar size by the number of Shandong submitted documentation Pursuant to Section 6(c) of the plies that the construction and mining related to the transfer of assets from Educational, Scientific and Cultural tires contain (minimum of 16) and the Shandong Jinyu to it and some limited Materials Importation Act of 1966 (Pub. weight of such tires (minimum 1,500 information and documentation L. 89–651, as amended by Pub. L. 106– pounds). regarding the four factors that the 36; 80 Stat. 897; 15 CFR part 301), we Initiation of Changed Circumstances Department considers in its successor– invite comments on the question of Review in-interest analysis, it did not provide whether instruments of equivalent complete supporting documentation or scientific value, for the purposes for Pursuant to section 751(b)(1) of the conclusive evidence for the four which the instruments shown below are Tariff Act of 1930, as amended (‘‘Act’’), intended to be used, are being the Department will conduct a changed elements listed above. Accordingly, the Department has determined that it manufactured in the United States. circumstances review upon receipt of Comments must comply with 15 CFR information concerning, or a request would be inappropriate to expedite this 301.5(a)(3) and (4) of the regulations and from, an interested party for a review of action by combining the preliminary be postmarked on or before November an antidumping duty order which results of review with this notice of 30, 2009. Address written comments to shows changed circumstances sufficient initiation. See 19 CFR 351.221(c)(3)(ii). Statutory Import Programs Staff, Room to warrant a review of the order. Thus, the Department is not issuing the 3720, U.S. Department of Commerce, In accordance with 19 CFR preliminary results of its antidumping Washington, DC 20230. Applications 351.216(d), the Department has duty changed circumstances review at may be examined between 8:30 a.m. and determined that the information this time. See, e.g., Notice of Initiation 5 p.m. at the U.S. Department of submitted by Mai Shandong constitutes of Antidumping Duty Changed Commerce in Room 3720. sufficient evidence to conduct a Circumstances Review: Certain Pasta Docket Number: 09–058. Applicant: changed circumstances review. In an From Turkey, 74 FR 681 (January 7, Honolulu Police Department—SIS, 801 antidumping duty changed 2009). S. Beretania St., Honolulu, HI 96813. circumstances review involving a Instrument: Electron Microscope. The Department will issue successor–in-interest determination, the Manufacturer: FEI Company, Czech Department typically examines several questionnaires requesting additional Republic. Intended Use: The instrument factors including, but not limited to, information for the review and will will be used for forensic analysis of changes in: (1) management; (2) publish in the Federal Register a notice trace evidence samples, primarily for production facilities; (3) supplier of the preliminary results of the particle analysis of gunshot residue. relationships; and (4) customer base. antidumping duty changed Justification for Duty-Free Entry: No See, e.g., Certain Activated Carbon from circumstances review, in accordance instruments of same general category are the People’s Republic of China: Notice with 19 CFR 351.221(b)(2) and (4), and manufactured in the United States. of Initiation of Changed Circumstances 19 CFR 351.221(c)(3)(i). That notice will Application accepted by Commissioner Review, 74 FR 19934 (April 30, 2009). set forth the factual and legal of Customs: October 9, 2009. While no single factor or combination of conclusions upon which our Docket Number: 09–060. Applicant: factors will necessarily be dispositive, preliminary results are based and a University of California at San the Department generally will consider description of any action proposed. Francisco, 1855 Folsom St., Suite 304, the new company to be the successor to Pursuant to 19 CFR 351.221(b)(4)(ii), San Francisco, CA 94103. Instrument: the predecessor if the resulting interested parties will have an Electron Microscope. Manufacturer: operations are essentially the same as opportunity to comment on the JEOL Ltd., Japan. Intended Use: The those of the predecessor company. See, preliminary results of review. In instrument will be used to study the e.g., Notice of Initiation of Antidumping accordance with 19 CFR 351.216(e), the ultrastructural characteristics of Duty Changed Circumstances Review: biological tissue, such as the number, Department will issue the final results Certain Forged Stainless Steel Flanges size and shape of cellular connections of its antidumping duty changed from India, 71 FR 327 (January 4, 2006). and gap junctions in the brain. Thus, if the record demonstrates that, circumstances review not later than 270 Justification for Duty-Free Entry: No with respect to the production and sale days after the date on which the review instruments of same general category are of the subject merchandise, the new is initiated. manufactured in the United States. company operates as the same business This notice is published in Application accepted by Commissioner entity as the predecessor company, the accordance with sections 751(b)(1) and of Customs: October 19, 2009. Department may assign the new 777(i) of the Act and 19 CFR 351.216. Docket Number: 09–061. Applicant: company the cash deposit rate of its Argonne National Laboratory, 9700 S. predecessor. See, e.g., Fresh and Chilled Cass Ave., Lemont, IL 60439.
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Instrument: Electron Microscope. Docket Number: 09–059. Applicant: Commissioner of Customs: October 21, Manufacturer: JEOL Ltd., Japan. Fermi Research Alliance LLC–Fermi 2009. Intended Use: This instrument will be National Accelerator Laboratory, Kirk Dated: November 3, 2009. used for the study of nanoscale Road & Wilson Street, P.O. Box 500, Christopher Cassel, magnetic and ferroelectric materials. Batavia, IL 60510. Instrument: Specifically, it will be used to study the Acting Director, IA Subsidies Enforcement Wavelength Shifting Fiber. Office. magnetic domain or ferroelectric Manufacturer: Kuraray Co., Ltd.; Japan. [FR Doc. E9–27067 Filed 11–9–09; 8:45 am] domain behavior of the such materials. Intended Use: This instrument will be BILLING CODE 3510–DS–P The resolution of the instrument is such used to observe the transmutation of that it can correlate domain behavior muon neutrinos to electron neutrinos as directly with microstructure. they travel from their production point DEPARTMENT OF COMMERCE Justification for Duty-Free Entry: No through the earth to a 20 kiloton instruments of same general category are detector. The instrument allows the Foreign-Trade Zones Board manufactured in the United States. light generated by neutrino interactions [Docket 47–2009] Application accepted by Commissioner in the experiment’s 18 kilotons of liquid of Customs: October 19, 2009. scintillator to be captured, wavelength Docket Number: 09–062. Applicant: Foreign-Trade Zone 121—Albany, NY; shifted and transmitted to photo- Department of Homeland Security, Application for Expansion and Science & Technology Directorate, detectors. The fibers must be .7mm in Reorganization Under Alternative Site Office of National Labs, National Bio- diameter and 32 meters in length. Framework defense analysis and Countermeasures Further, the light generated in the fiber must not suffer unacceptable An application has been submitted to Center, 8300 Research Plaza, Fort the Foreign-Trade Zones (FTZ) Board Detrick, Frederick, MD 21702. attenuation in traveling down 16–20 m of the WLS fiber. As such, a pertinent (the Board) by the Capital District Instrument: Electron Microscope. Regional Planning Commission, grantee Manufacturer: FEI Company, Czech characteristic of this instrument is that it have an attenuation length of >20m. of FTZ 121, requesting authority to Republic. Intended Use: The instrument expand the zone and reorganize under will be used to study biological agents Justification for Duty-Free Entry: There are instruments of the same general the alternative site framework (ASF) and specimens at the cellular and adopted by the Board (74 FR 1170, 01/ genomic level. Justification for Duty- category being manufactured within the United States, but they could not be 12/09; correction 74 FR 3987, 01/22/09). Free Entry: No instruments of same The ASF is an option for grantees for the general category are manufactured in utilized for the purposes described above. Application accepted by establishment or reorganization of the United States. Application accepted general-purpose zones and can permit by Commissioner of Customs: October Commissioner of Customs: October 9, 2009. significantly greater flexibility in the 21, 2009. designation of new ‘‘usage-driven’’ FTZ Dated: November 3, 2009. Docket Number: 09–063. Applicant: sites for operators/users located within Christopher Cassel, Argonne National Laboratory, 9700 S. a grantee’s ‘‘service area’’ in the context Director, IA Subsidies Enforcement Office. Cass Ave., Lemont, IL 60439. of the Board’s standard 2,000-acre [FR Doc. E9–27070 Filed 11–9–09; 8:45 am] Instrument: CEOS Spherical Aberration activation limit for a general-purpose Corrector. Manufacturer: CEOS BILLING CODE 3510–DS–P zone project. The application was Corrected Electron Optical Systems, submitted pursuant to the provisions of GmbH; Germany. Intended Use: This the Foreign-Trade Zones Act, as DEPARTMENT OF COMMERCE instrument will be installed on a amended (19 U.S.C. 81a–81u), and the transmission electron microscope and regulations of the Board (15 CFR part International Trade Administration used for the study of nanoscale 400). It was formally filed on November magnetic and ferroelectric materials. 3, 2009. Application(s) for Duty-Free Entry of The aberration corrector greatly The grantee’s proposed service area Scientific Instruments enhances the spatial resolution with under the ASF would be Albany, Pursuant to Section 6(c) of the which the experiments described above Columbia, Greene, Fulton, Montgomery, Educational, Scientific and Cultural can be carried out. All experiments will Rensselaer, Saratoga, Schenectady, Materials Importation Act of 1966 (Pub. be carried out in Lorentz mode, and will Warren and Washington counties, New L. 89–651, as amended by Pub. L. 106– include imaging and electron diffraction York. If approved, the grantee would be 36; 80 Stat. 897; 15 CFR part 301), we combined with certain in-situ able to serve sites throughout the service invite comments on the question of techniques. A pertinent characteristic of area based on companies’ needs for FTZ whether instruments of equivalent this instrument is that it must be designation. The proposed service area scientific value, for the purposes for capable of compensating completing the is adjacent to or within the Albany which the instruments shown below are spherical aberration of the low field Customs and Border Protection port of intended to be used, are being objective lens on the 2100F TEM to entry. manufactured in the United States. which it will be attached. The spherical FTZ 121 was approved by the Board Comments must comply with 15 CFR aberration coefficient of this lens is 200 on July 18, 1985 (Board Order 307, 50 301.5(a)(3) and (4) of the regulations and mm. In addition the CEOS aberration FR 30986, July 31, 1985) and expanded be postmarked on or before November corrector can compensate this value of on September 25, 1997 (Board Order 30, 2009. Address written comments to spherical aberration while only 922, 62 FR 51830, October 3, 1997). The Statutory Import Programs Staff, Room increasing the chromatic aberration by applicant is requesting to include its 3720, U.S. Department of Commerce, approximately 20%. Justification for current sites as ‘‘magnet sites’’: Site 1, Washington, DC 20230. Applications Duty-Free Entry: There are no Northeastern Industrial Park, expanding may be examined between 8:30 a.m. and instruments of the same general the site from 20 acres to 514 acres; Site 5 p.m. at the U.S. Department of category being manufactured within the 2, Rotterdam Industrial Park, expanding Commerce in Room 3720. United States. Application accepted by the site from 7 acres to 225 acres; and
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Site 3, Port of Albany, expanding the DEPARTMENT OF COMMERCE Because it is apparent that the site from 35 acres to 277 acres. The regulatory review period will continue applicant has requested that Site 4, United States Patent and Trademark beyond the extended expiration date of Crossroads Industrial Park be removed Office the patent (November 20, 2009), interim from FTZ 121. The applicant is also [Docket No. PTO–P–2009–0048] extension of the patent term under 35 requesting approval of the following U.S.C. 156(d)(5) is appropriate. additional ‘‘magnet sites’’: Site 5, 281 Grant of Interim Extension of the Term A third interim extension under 35 acres, Saratoga Technology + Energy of U.S. Patent No. 4,971,802; U.S.C. 156(d)(5) of the term of U.S. Park, 10 Hermes Road, Malta, NY 12020; MIFAMURTIDE Patent No. 4,971,802 is granted for a period of one year from the extended Site 6, 1192 acres, Luther Forest AGENCY: United States Patent and Technology Campus, 40 Rocket Test expiration date of the patent, i.e., until Trademark Office. November 20, 2010. Station Road, Malta, NY 12020; Site 7, ACTION: Notice of interim patent term Dated: October 30, 2009. 133 acres, Florida Business Park extension. Extension, State Highway 5S, David J. Kappos, Amsterdam, NY 12010. The applicant SUMMARY: The United States Patent and Under Secretary of Commerce for Intellectual proposes that Site 6 be subject to a Trademark Office has issued a Property and Director of the United States seven-year ‘‘sunset’’ time limit, instead certificate under 35 U.S.C. 156(d)(5) for Patent and Trademark Office. of the standard five-year ‘‘sunset’’ time a third one-year interim extension of the [FR Doc. E9–26998 Filed 11–9–09; 8:45 am] limit that would otherwise apply to term of U.S. Patent No. 4,971,802. BILLING CODE 3510–16–P magnet sites under the ASF. FOR FURTHER INFORMATION CONTACT: Raul In accordance with the Board’s Tamayo by telephone at (571) 272–7728; DEPARTMENT OF COMMERCE regulations, Maureen Hinman of the by mail marked to his attention and FTZ staff is designated examiner to addressed to the Commissioner for Bureau of Industry and Security Patents, Mail Stop Hatch-Waxman PTE, evaluate and analyze the facts and [Docket No. 0910271381–91382–01] information presented in the application P.O. Box 1450, Alexandria, VA 22313– 1450; by fax marked to his attention at and case record and to report findings Impact of Implementation of the (571) 273–7728, or by e-mail to and recommendations to the Board. Chemical Weapons Convention on [email protected]. Public comment is invited from Commercial Activities Involving SUPPLEMENTARY INFORMATION: Section interested parties. Submissions (original ‘‘Schedule 1’’ Chemicals Through 156 of Title 35, United States Code, and 3 copies) shall be addressed to the Calendar Year 2009 generally provides that the term of a Board’s Executive Secretary at the patent may be extended for a period of AGENCY: Bureau of Industry and address listed below. The closing period up to five years if the patent claims a Security, Commerce. for their receipt is January 11, 2010. product, or a method of making or using ACTION: Notice of inquiry. Rebuttal comments in response to a product, that has been subject to material submitted during the foregoing certain defined regulatory review, and SUMMARY: The Bureau of Industry and period may be submitted during the that the patent may be extended for Security (BIS) is seeking public subsequent 15-day period (to January interim periods of up to a year if the comments on the impact that 25, 2010) regulatory review is anticipated to implementation of the Chemical Weapons Convention, through the A copy of the application will be extend beyond the expiration date of the Chemical Weapons Convention available for public inspection at the patent. On September 30, 2009, IDM Pharma, Implementation Act and the Chemical Office of the Executive Secretary, Weapons Convention Regulations, has Foreign-Trade Zones Board, Room 2111, agent/licensee of patent owner Novartis, timely filed an application under 35 had on commercial activities involving U.S. Department of Commerce, 1401 ‘‘Schedule 1’’ chemicals during calendar Constitution Avenue, NW., Washington, U.S.C. 156(d)(5) for a third interim extension of the term of U.S. Patent No. year 2009. The purpose of this notice of DC 20230–0002, and in the ‘‘Reading inquiry is to collect information to assist Room’’ section of the Board’s Web site, 4,971,802. Claims of the patent cover muramyl tripeptide phosphatidyl BIS in its preparation of the annual which is accessible via http:// ethanolamine, which is labeled as the certification to the Congress, which is www.trade.gov/ftz. For further active ingredient in the human drug required under Condition 9 of Senate information, contact Maureen Hinman product Mifamurtide. The application Resolution 75, April 24, 1997, in which at [email protected] or (202) indicates, and the Food and Drug the Senate gave its advice and consent 482–0627. Administration has confirmed, that a to the ratification of the Chemical Dated: November 3, 2009. New Drug Application for the human Weapons Convention. Elizabeth Whiteman, drug product Mifamurtide has been DATES: Comments must be received by December 10, 2009. Acting Executive Secretary. filed and is currently undergoing regulatory review before the Food and ADDRESSES: You may submit comments [FR Doc. E9–27094 Filed 11–9–09; 8:45 am] Drug Administration for permission to by any of the following methods: BILLING CODE 3510–DS–P market or use the product commercially. • E-mail: [email protected]. Review of the application indicates Include the phrase ‘‘Schedule 1 Notice that, except for permission to market or of Inquiry’’ in the subject line; use the product commercially, the • Fax: (202) 482–3355 (Attn: Willard subject patent would be eligible for an Fisher); extension of the patent term under 35 • Mail or Hand Delivery/Courier: U.S.C. 156, and that the patent should Willard Fisher, U.S. Department of be extended for an additional year as Commerce, Bureau of Industry and required by 35 U.S.C. 156(d)(5)(B). Security, Regulatory Policy Division,
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14th Street & Pennsylvania Avenue, declaration and inspection regime to 1’’ facilities) for purposes not prohibited NW., Room 2705, Washington, DC provide transparency and to verify that by the Convention (15 CFR 712.5(a)(1) 20230. both the public and private sectors of and (a)(2)); FOR FURTHER INFORMATION CONTACT: For the State Party are not engaged in (3) Require government approval of questions on the Chemical Weapons activities prohibited under the CWC. ‘‘declared Schedule 1’’ facilities (15 CFR Convention requirements for ‘‘Schedule ‘‘Schedule 1’’ chemicals consist of 712.5(f)); those toxic chemicals and precursors set (4) Provide that ‘‘declared Schedule 1’’ chemicals, contact James Truske, forth in the CWC ‘‘Annex on 1’’ facilities are subject to initial and Treaty Compliance Division, Office of Chemicals’’ and in Supplement No. 1 to routine inspection by the Organization Nonproliferation and Treaty part 712 of the Chemical Weapons for the Prohibition of Chemical Compliance, Bureau of Industry and Convention Regulations (CWCR) (15 Weapons (15 CFR 712.5(e) and Security, U.S. Department of Commerce, CFR parts 710–722). The CWC 716.1(b)(1)); Phone: (202) 482–1001. For questions identified these toxic chemicals and (5) Require 200 days advance on the submission of comments, contact precursors as posing a high risk to the notification of establishment of new Willard Fisher, Regulatory Policy object and purpose of the Convention. ‘‘Schedule 1’’ production facilities Division, Office of Exporter Services, The CWC restricts the production of producing greater than 100 grams Bureau of Industry and Security, U.S. ‘‘Schedule 1’’ chemicals for protective aggregate of ‘‘Schedule 1’’ chemicals per Department of Commerce, Phone: (202) purposes to two facilities per State calendar year (15 CFR 712.4); 482–2440. Party. The CWC Article-by-Article (6) Require advance notification and SUPPLEMENTARY INFORMATION: Analysis submitted to the Senate in annual reporting of all imports and Background Treaty Doc. 103–21 defined the term exports of ‘‘Schedule 1’’ chemicals to, or ‘‘protective purposes’’ to mean ‘‘used for from, other States Parties to the In providing its advice and consent to determining the adequacy of defense Convention (15 CFR 712.6, 742.18(a)(1) the ratification of the Convention on the equipment and measures.’’ Consistent and 745.1); and Prohibition of the Development, with this definition, U.S. (7) Prohibit the export of ‘‘Schedule Production, Stockpiling, and Use of implementation, as authorized via 1’’ chemicals to States not Party to the Chemical Weapons and Their Presidential Decision Directive (PDD) Convention (15 CFR 742.18(a)(1) and Destruction, commonly called the 70, December 17, 1999, assigned the (b)(1)(ii)). Chemical Weapons Convention (CWC) responsibility to operate these two Request for Comments (the Convention), the Senate included in facilities to the Department of Defense Senate Resolution 75 (S. Res. 75, April (DOD), thereby precluding commercial In order to assist in determining 24, 1997) several conditions to its production of ‘‘Schedule 1’’ chemicals whether the legitimate commercial ratification. Condition 9, titled for protective purposes in the United activities and interests of chemical, ‘‘Protection of Advanced States. This action did not establish any biotechnology, and pharmaceutical Biotechnology,’’ calls for the President limitations on ‘‘Schedule 1’’ chemical firms in the United States are to certify to Congress on an annual basis activities that are not prohibited by the significantly harmed by the limitations that ‘‘the legitimate commercial CWC. However, the Department of of the Convention on access to, and activities and interests of chemical, Defense maintains strict controls on production of, ‘‘Schedule 1’’ chemicals biotechnology, and pharmaceutical ‘‘Schedule 1’’ chemicals produced at its as described in this notice, BIS is firms in the United States are not being facilities in order to ensure the seeking public comments on any effects significantly harmed by the limitations accountability and proper use of such that implementation of the Chemical of the Convention on access to, and chemicals, consistent with the object Weapons Convention, through the production of, those chemicals and and purpose of the Convention. Chemical Weapons Convention toxins listed in Schedule 1.’’ On July 8, The provisions of the CWC that affect Implementation Act and the Chemical 2004, President Bush, by Executive commercial activities involving Weapons Convention Regulations, has Order 13346, delegated his authority to ‘‘Schedule 1’’ chemicals are had on commercial activities involving make the annual certification to the implemented in the CWCR (see 15 CFR ‘‘Schedule 1’’ chemicals during calendar Secretary of Commerce. part 712) and in the Export year 2009. To allow BIS to properly The CWC is an international arms Administration Regulations (EAR) (see evaluate the significance of any harm to control treaty that contains certain 15 CFR 742.18 and 15 CFR part 745), commercial activities involving verification provisions. In order to both of which are administered by the ‘‘Schedule 1’’ chemicals, public implement these verification provisions, Bureau of Industry and Security (BIS). comments submitted in response to this the CWC established the Organization Pursuant to CWC requirements, the notice of inquiry should include both a for the Prohibition of Chemical CWCR restrict commercial production quantitative and qualitative assessment Weapons (OPCW). The CWC imposes of ‘‘Schedule 1’’ chemicals to research, of the impact of the CWC on such certain obligations on countries that medical, or pharmaceutical purposes. activities. have ratified the Convention (i.e., States The CWCR also contain other Parties), among which are the enactment requirements and prohibitions that Submission of Comments of legislation to prohibit the production, apply to ‘‘Schedule 1’’ chemicals and/or All comments must be submitted to storage, and use of chemical weapons, ‘‘Schedule 1’’ facilities. Specifically, the one of the addresses indicated in this and the establishment of a National CWCR: notice. The Department requires that all Authority to serve as the national focal (1) Prohibit the import of ‘‘Schedule comments be submitted in written form. point for effective liaison with the 1’’ chemicals from States not Party to The Department encourages interested OPCW and other States Parties for the the Convention (15 CFR 712.2(b)); persons who wish to comment to do so purpose of achieving the object and (2) Require annual declarations by at the earliest possible time. The period purpose of the Convention and the certain facilities engaged in the for submission of comments will close implementation of its provisions. The production of ‘‘Schedule 1’’ chemicals on December 10, 2009. The Department CWC also requires each State Party to in excess of 100 grams aggregate per will consider all comments received implement a comprehensive data calendar year (i.e., declared ‘‘Schedule before the close of the comment period.
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Comments received after the end of the Washington, DC 20340–5100 (202/231– Armenian, Azeri (Azerbaijani), Balochi, comment period will be considered if 3344). Bamanakan (Bamana, Bambara, possible, but their consideration cannot SUPPLEMENTARY INFORMATION: The entire Mandikan, Mandingo, Maninka, Dyula), be assured. The Department will not meeting is devoted to the discussion of Belarusian, Bengali (Bangla), Berber (all accept comments accompanied by a classified information as defined in languages), Bosnian, Bulgarian, request that a part or all of the material section 552b(c)(1), title 5 of the U.S. Burmese, Cebuano (Visayan), Chechen, be treated confidentially because of its Code and therefore will be closed. The Chinese (Cantonese), Chinese (Gan), business proprietary nature or for any Board will discuss several current Chinese (Mandarin), Chinese (Min), other reason. The Department will critical intelligence issues and advise Chinese (Wu), Croatian, Dari, Dinka, return such comments and materials to the Director, DIA, as to the successful Georgian, Gujarati, Hausa, Hebrew the persons submitting the comments accomplishment of the mission assigned (Modern), Hindi, Igbo, Indonesian, and will not consider them. All to the National Defense Intelligence Japanese, Javanese, Kannada, Kashmiri, comments submitted in response to this College. Kazakh, Khmer (Cambodian), Kirghiz, notice will be a matter of public record Korean, Kurdish (Kurmanji), Kurdish Dated: November 5, 2009. and will be available for public (Sorani), Lao, Malay (Bahasa Melayu or inspection and copying. Mitchell S. Bryman, Malaysian), Malayalam, Marathi, The Office of Administration, Bureau Alternate OSD Federal Register Liaison Mongolian, Nepali, Oromo, Panjabi, of Industry and Security, U.S. Officer, Department of Defense. Pashto, Persian (Farsi), Polish, Department of Commerce, displays [FR Doc. E9–26996 Filed 11–9–09; 8:45 am] Portuguese (all varieties), Quechua, public comments on the BIS Freedom of BILLING CODE 5001–06–P Romanian, Russian, Serbian, Sinhala Information Act (FOIA) Web site at (Sinhalese), Somali, Swahili, Tagalog, http://www.bis.doc.gov/foia. This office Tajik, Tamil, Telugu, Thai, Tibetan, does not maintain a separate public DEPARTMENT OF EDUCATION Tigrigna, Turkish, Turkmen, Ukrainian, inspection facility. If you have technical Urdu, Uyghur/Uigur, Uzbek, difficulties accessing this Web site, Office of Postsecondary Education; Vietnamese, Wolof, Xhosa, Yoruba, and please call BIS’s Office of Overview Information; International Zulu. Administration, at (202) 482–1093, for Research and Studies (IRS) Program; Competitive Preference Priority 2— assistance. Notice Inviting Applications for New Research, Surveys, and Studies Awards for Fiscal Year (FY) 2010 Dated: November 4, 2009. Applications. Research, surveys, or studies relating Matthew S. Borman, Catalog of Federal Domestic Assistance (CFDA) Numbers: 84.017A–1 to current needs for improving Acting Assistant Secretary for Export internationalization (including foreign Administration. and 84.017A–3. language instruction, area studies, and DATES: [FR Doc. E9–27053 Filed 11–9–09; 8:45 am] international studies) in Historically BILLING CODE 3510–33–P Applications Available: November 10, 2009. Black Colleges and Universities Deadline for Transmittal of (HBCUs), Predominantly Black Applications: January 12, 2010. Institutions (PBIs), Hispanic Serving DEPARTMENT OF DEFENSE Institutions (HSIs), Tribally Controlled Full Text of Announcement Colleges and Universities (TCCUs), Office of the Secretary I. Funding Opportunity Description Asian American and Native American Defense Intelligence Agency National Pacific Islander-serving Institutions Purpose of Program: The IRS Program (AANAPISIs), Native American-serving Defense Intelligence College Board of provides grants to conduct research and Visitors Closed Meeting Nontribal Institutions (NASNTIs), or studies to improve and strengthen Alaskan Native and/or Native Hawaiian AGENCY: National Defense Intelligence instruction in modern foreign languages, institutions (as defined in Title III and College, Defense Intelligence Agency, area studies, and other international Title V of the Higher Education Act of DoD. fields. 1965, as amended). Priorities: In accordance with 34 CFR ACTION: Notice of closed meeting. 75.105(b)(2)(ii), these priorities are from Note: You will receive an additional five points for meeting a competitive preference SUMMARY: Pursuant to the provisions of the regulations for this program (34 CFR 660.10 and 660.34). priority in your application. Applicants are subsection (d) of section 10 of Public expected to address only one competitive Law 92–463, as amended by section 5 of Competitive Preference Priorities: For preference priority in each application, but Public Law 94–409, notice is hereby FY 2010, these priorities are competitive regardless of how many priorities are given that a closed meeting of the preference priorities. Under 34 CFR addressed, no more than five points in total Defense Intelligence Agency National 75.105(c)(2)(i), we award an additional can be awarded to a single application. Defense Intelligence College Board of five points to an application that meets Program Authority: 20 U.S.C. 1125. Visitors has been scheduled for January one or more of these priorities. Applicable Regulations: (a) The 12 and 13, 2010. These priorities are: Education Department General Competitive Preference Priority 1— DATES: Administrative Regulations (EDGAR) in The meeting will be held on Instructional Materials Applications. 34 CFR parts 74, 75, 77, 80, 82, 84, 85, Tuesday, January 12, 2010 (from 8 a.m. The development of specialized 86, 97, 98, and 99. (b) The regulations to 5 p.m.) and on Wednesday, January instructional or assessment materials for this program in 34 CFR parts 655 13, 2010 (from 8 a.m. to 12 p.m.). focused on any of the following seventy- and 660. ADDRESSES: The meeting will be held at eight (78) languages selected from the the National Defense Intelligence U.S. Department of Education’s list of Note: The regulations in 34 CFR part 86 College, Washington, DC 20340–5100. Less Commonly Taught Languages apply to institutions of higher education FOR FURTHER INFORMATION CONTACT: Dr. (LCTLs): only. David R. Ellison, President, DIA Akan (Twi-Fante), Albanian, Areas of National Need: In National Defense Intelligence College, Amharic, Arabic (all dialects), accordance with section 601(c) of the
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Higher Education Act of 1965, as in an accessible format (e.g., braille, 3. Submission Dates and Times: amended (HEA), 20 U.S.C. 1121(c), the large print, audiotape, or computer Applications Available: November 10, Secretary has consulted with and diskette) by contacting the program 2009. received recommendations regarding contact person listed in this section. Deadline for Transmittal of national need for expertise in foreign 2. Content and Form of Application Applications: January 12, 2010. languages and world regions from the Submission: Requirements concerning Applications for grants under this head officials of a wide range of Federal the content of an application, together program must be submitted agencies. The Secretary has taken these with the forms you must submit, are in electronically using the Electronic Grant recommendations into account, and a the application package for this Application System (e-Application) list of foreign languages and world program. The IRS Program has two accessible through the Department’s e- regions identified by the Secretary as application packages. Research, surveys, Grants site. For information (including areas of national need may be found on and studies applicants must use the dates and times) about how to submit links on the following Web sites: http:// application package for 84.017A–1. your application electronically, or in www.ed.gov/about/offices/list/ope/ Instructional materials applicants must paper format by mail or hand delivery policy.html and http://www.ed.gov/ use the application package for if you qualify for an exception to the programs/iegpsirs/legislation.html. 84.017A–3. electronic submission requirement, Also included on these Web sites and Page Limit: The application narrative please refer to section IV. 6. Other links are the specific recommendations is where you, the applicant, address the Submission Requirements of this notice. the Secretary received from Federal selection criteria that reviewers use to We do not consider an application agencies. evaluate your application. You must that does not comply with the deadline limit the application narrative [Part III] requirements. II. Award Information to the equivalent of no more than 30 Individuals with disabilities who Type of Award: Discretionary grants. pages, using the following standards: need an accommodation or auxiliary aid • ″ ″ Estimated Available Funds: The A ‘‘page’’ is 8.5 x 11 , on one side in connection with the application ″ Administration has requested only, with 1 margins at the top, bottom, process should contact the person listed $102,335,000 for the International and both sides. Page numbers and an under FOR FURTHER INFORMATION ″ Education and Foreign Language identifier may be outside of the 1 CONTACT in section VII of this notice. If margin. the Department provides an Studies: Domestic Programs for FY • 2010, of which we intend to use an Double space (no more than three accommodation or auxiliary aid to an estimated $1,637,000 for awards under lines per vertical inch) all text in the individual with a disability in these competitions (84.017A–1 and application narrative, except titles, connection with the application 84.017A–3). The actual level of funding, headings, footnotes, quotations, process, the individual’s application if any, depends on final congressional references, captions, and all text in remains subject to all other action. However, we are inviting charts, tables, figures, and graphs. These requirements and limitations in this applications to allow enough time to items may be single-spaced. Charts, notice. complete the grant process if Congress tables, figures, and graphs in the 4. Intergovernmental Review: This appropriates funds for this program. application narrative count toward the program is not subject to Executive page limit. Order 12372 and the regulations in 34 Estimated Range of Awards: $50,000– • $200,000 per year. Use a font that is either 12 point or CFR part 79. Estimated Average Size of Awards: larger or no smaller than 10 pitch 5. Funding Restrictions: We reference $164,000. (characters per inch). However, you may regulations outlining funding Estimated Number of Awards: 10. use a 10 point font in charts, tables, restrictions in the Applicable figures, and graphs. Regulations section of this notice. Note: The Department is not bound by any • Use one of the following fonts: 6. Other Submission Requirements: estimates in this notice. Times New Roman, Courier, Courier Applications for grants under this Project Period: Up to 36 months. New, or Arial. An application submitted program must be submitted in any other font (including Times electronically unless you qualify for an III. Eligibility Information Roman and Arial Narrow) will not be exception to this requirement in 1. Eligible Applicants: Public and accepted. accordance with the instructions in this private agencies, organizations, The page limit does not apply to Part section. institutions, and individuals. I, the Application for Federal Assistance a. Electronic Submission of 2. Cost Sharing or Matching: This face sheet (SF 424); the supplemental Applications. program does not require cost sharing or information form required by the Applications for grants under the IRS matching. Department of Education; Part II, the Program, CFDA number 84.017A, must budget information summary form (ED be submitted electronically using e- IV. Application and Submission Form 524); or Part IV, the assurances Application, accessible through the Information and certifications. The page limit also Department’s e-Grants Web site at: 1. Address To Request Application does not apply to a table of contents. If http://e-grants.ed.gov. Package: Carla White, U.S. Department you include any attachments or We will reject your application if you of Education, 1990 K Street, NW., Room appendices not specifically requested in submit it in paper format unless, as 6085, Washington, DC 20006–8521. the application package, these items described elsewhere in this section, you Telephone: (202) 502–7636; or by e- will be counted as part of your qualify for one of the exceptions to the mail: [email protected]. application narrative [Part III] for electronic submission requirement and If you use a telecommunications purposes of the page limit requirement. submit, no later than two weeks before device for the deaf (TDD), call the You must include your complete the application deadline date, a written Federal Relay Service (FRS), toll free, at response to the selection criteria in the statement to the Department that you 1–800–877–8339. application narrative. qualify for one of these exceptions. Individuals with disabilities can We will reject your application if you Further information regarding obtain a copy of the application package exceed the page limit. calculation of the date that is two weeks
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before the application deadline date is automatic acknowledgment that will unable to submit an application through provided later in this section under include a PR/Award number (an e-Application because— Exception to Electronic Submission identifying number unique to your • You do not have access to the Requirement. application). Internet; or While completing your electronic • Within three working days after • You do not have the capacity to application, you will be entering data submitting your electronic application, upload large documents to e- online that will be saved into a fax a signed copy of the SF 424 to the Application; and database. You may not e-mail an Application Control Center after • No later than two weeks before the electronic copy of a grant application to following these steps: application deadline date (14 calendar us. (1) Print SF 424 from e-Application. days or, if the fourteenth calendar day Please note the following: • (2) The applicant’s Authorizing before the application deadline date You must complete the electronic Representative must sign this form. falls on a Federal holiday, the next submission of your grant application by (3) Place the PR/Award number in the business day following the Federal 4:30:00 p.m., Washington, DC time, on upper right hand corner of the hard- holiday), you mail or fax a written the application deadline date. E- copy signature page of the SF 424. statement to the Department, explaining Application will not accept an (4) Fax the signed SF 424 to the which of the two grounds for an application for this program after Application Control Center at (202) exception prevents you from using the 4:30:00 p.m., Washington, DC time, on 245–6272. Internet to submit your application. If the application deadline date. • We may request that you provide us you mail your written statement to the Therefore, we strongly recommend that original signatures on other forms at a Department, it must be postmarked no you do not wait until the application later date. later than two weeks before the deadline date to begin the application Application Deadline Date Extension application deadline date. If you fax process. in Case of e-Application Unavailability: your written statement to the • The hours of operation of the e- If you are prevented from electronically Department, we must receive the faxed Grants Web site are 6:00 a.m. Monday submitting your application on the statement no later than two weeks until 7:00 p.m. Wednesday; and 6:00 application deadline date because e- before the application deadline date. a.m. Thursday until 8:00 p.m. Sunday, Application is unavailable, we will Address and mail or fax your Washington, DC time. Please note that, grant you an extension of one business statement to: Carla White, U.S. because of maintenance, the system is day to enable you to transmit your Department of Education, 1990 K Street, unavailable between 8:00 p.m. on application electronically, by mail, or by NW., room 6085, Washington, DC Sundays and 6:00 a.m. on Mondays, and hand delivery. We will grant this 20006–8521. Fax: (202) 502–7860. between 7:00 p.m. on Wednesdays and extension if— Your paper application must be 6:00 a.m. on Thursdays, Washington, submitted in accordance with the mail DC time. Any modifications to these (1) You are a registered user of e- or hand delivery instructions described hours are posted on the e-Grants Web Application and you have initiated an in this notice. site. electronic application for this • You will not receive additional competition; and b. Submission of Paper Applications point value because you submit your (2) (a) E-Application is unavailable for by Mail. application in electronic format, nor 60 minutes or more between the hours If you qualify for an exception to the will we penalize you if you qualify for of 8:30 a.m. and 3:30 p.m., Washington, electronic submission requirement, you an exception to the electronic DC time, on the application deadline may mail (through the U.S. Postal submission requirement, as described date; or Service or a commercial carrier) your elsewhere in this section, and submit (b) E-Application is unavailable for application to the Department. You your application in paper format. any period of time between 3:30 p.m. must mail the original and two copies • You must submit all documents and 4:30:00 p.m., Washington, DC time, of your application, on or before the electronically, including all information on the application deadline date. application deadline date, to the you typically provide on the following We must acknowledge and confirm Department at the following address: forms: the Application for Federal these periods of unavailability before U.S. Department of Education, Assistance (SF 424), the Department of granting you an extension. To request Application Control Center, Attention: Education Supplemental Information for this extension or to confirm our (CFDA Number 84.017A), LBJ Basement SF 424, Budget Information—Non- acknowledgment of any system Level 1, 400 Maryland Avenue, SW., Construction Programs (ED 524), and all unavailability, you may contact either Washington, DC 20202–4260. necessary assurances and certifications. (1) the person listed elsewhere in this You must show proof of mailing You must attach any narrative sections notice under FOR FURTHER INFORMATION consisting of one of the following: of your application as files in a .DOC CONTACT (see VII. Agency Contact) or (2) (1) A legibly dated U.S. Postal Service (document), .RTF (rich text), or .PDF the e-Grants help desk at 1–888–336– postmark. (Portable Document) format. If you 8930. If e-Application is unavailable (2) A legible mail receipt with the upload a file type other than the three due to technical problems with the date of mailing stamped by the U.S. file types specified in this paragraph or system and, therefore, the application Postal Service. submit a password protected file, we deadline is extended, an e-mail will be (3) A dated shipping label, invoice, or will not review that material. sent to all registered users who have receipt from a commercial carrier. • Your electronic application must initiated an e-Application. Extensions (4) Any other proof of mailing comply with any page limit referred to in this section apply only to acceptable to the Secretary of the U.S. requirements described in this notice. the unavailability of e-Application. Department of Education. • Prior to submitting your electronic Exception to Electronic Submission If you mail your application through application, you may wish to print a Requirement: You qualify for an the U.S. Postal Service, we do not copy of it for your records. exception to the electronic submission accept either of the following as proof • After you electronically submit requirement, and may submit your of mailing: your application, you will receive an application in paper format, if you are (1) A private metered postmark.
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(2) A mail receipt that is not dated by 655.31, 660.31, 660.32, and 660.33 and complete the final report. Electronically the U.S. Postal Service. are as follows: formatted instructional materials such If your application is postmarked after For instructional materials— as CDs, DVDs, videos, computer the application deadline date, we will Need for the project (10 points); diskettes and books produced by the not consider your application. Potential for the use of materials in grantee as part of the grant approved Note: The U.S. Postal Service does not other programs (5 points); Account of activities are also acceptable as final uniformly provide a dated postmark. Before related materials (10 points); Likelihood reports. The Secretary may also require relying on this method, you should check of achieving results (10 points); more frequent performance reports with your local post office. Expected contribution to other programs under 34 CFR 75.720(c). For specific c. Submission of Paper Applications (5 points); Plan of operation (10 points); requirements on reporting, please go to by Hand Delivery. Quality of key personnel (5 points); www.ed.gov/fund/grant/apply/ If you qualify for an exception to the Budget and cost effectiveness (5 points); appforms/appforms.html. electronic submission requirement, you Evaluation plan (15 points); Adequacy 4. Performance Measures: The (or a courier service) may deliver your of resources (5 points); Description of objective for the IRS Program is to paper application to the Department by final form of materials (5 points); and support surveys, studies, and the hand. You must deliver the original and Provisions for pretesting and revision development of instructional materials two copies of your application, by hand, (15 points). to improve and strengthen instruction in on or before the application deadline For research, surveys and studies— modern foreign languages, area studies, date, to the Department at the following Need for the project (10 points); and other international fields. The address: U.S. Department of Education, Usefulness of expected results (10 Department will use the following Application Control Center, Attention: points); Development of new knowledge measures to evaluate the success of the (CFDA Number 84.017A), 550 12th (10 points); Formulation of problems IRS Program: Street, SW., Room 7041, Potomac Center and knowledge of related research (10 Performance Measure 1: Percentage of Plaza, Washington, DC 20202–4260. points); Specificity of statement of IRS Program projects judged to be The Application Control Center procedures (5 points); Adequacy of successful by the program officer, based accepts hand deliveries daily between methodology and scope of project (10 on a review of information provided in 8:00 a.m. and 4:30:00 p.m., Washington, points); Plan of operation (10 points); annual performance reports. DC time, except Saturdays, Sundays, Quality of key personnel (10 points); Performance Measure 2: Number of and Federal holidays. Budget and cost effectiveness (5 points); outreach activities that are adopted or Note for Mail or Hand Delivery of Paper Evaluation plan (15 points); and disseminated within a year, divided by Applications: If you mail or hand deliver Adequacy of resources (5 points). the total number of IRS outreach your application to the Department— VI. Award Administration Information activities conducted in the current (1) You must indicate on the envelope reporting period. and—if not provided by the Department—in 1. Award Notices: If your application Efficiency Measure: Cost per high- Item 11 of the SF 424 the CFDA number, is successful, we notify your U.S. quality, successfully completed IRS including suffix letter, if any, of the Representative and U.S. Senators and project. competition under which you are submitting send you a Grant Award Notification The information provided by grantees your application; and (GAN). We may notify you informally, (2) The Application Control Center will in their performance reports submitted mail to you a notification of receipt of your also. via IRIS will be the source of data for grant application. If you do not receive this If your application is not evaluated or these measures. Reporting screens can grant notification within 15 business days not selected for funding, we notify you. be viewed at: http://iris.ed.gov/iris/pdfs/ from the application deadline date, you 2. Administrative and National Policy IRS.pdf. should call the U.S. Department of Education Requirements: We identify Application Control Center at (202) 245– administrative and national policy VII. Agency Contact 6288. requirements in the application package For Further Information Contact: Beth and reference these and other MacRae, International Education V. Application Review Information requirements in the Applicable Programs Service, U.S. Department of 1. General: Applications are divided Regulations section of this notice. Education, 1990 K Street, NW., room into two groups, instructional materials We reference the regulations outlining 6088, Washington, DC 20006–8521. (CFDA 84.017A–3) and research, the terms and conditions of an award in Telephone: (202) 502–7596; or by e- surveys, and studies (CFDA 84.017A–1). the Applicable Regulations section of mail: [email protected]. Review panels will be assigned to read this notice and include these and other If you use a TDD, call the FRS, toll either instructional materials specific conditions in the GAN. The free, at 1–800–877–8339. applications or research, surveys, and GAN also incorporates your approved studies applications. The number of application as part of your binding VIII. Other Information panels for each category will depend on commitments under the grant. Accessible Format: Individuals with the number of applications received. 3. Reporting: At the end of your disabilities can obtain this document Each panel reviews, scores, and ranks project period, you must submit a final and a copy of the application package in its applications separately from the performance report, including financial an accessible format (e.g., braille, large applications assigned to other panels. information, as directed by the print, audiotape, or computer diskette) All instructional materials applications Secretary. If you receive a multi-year on request to the program contact will be ranked together from the highest award, you must submit an annual person listed under FOR FURTHER to the lowest score for funding performance report that provides the INFORMATION CONTACT in section VII of purposes; and, all research, surveys, and most current performance and financial this notice. studies applications will be ranked expenditure information as directed by Electronic Access to This Document: together from the highest to the lowest the Secretary under 34 CFR 75.118. You can view this document, as well as score for funding purposes. Grantees are required to use the all other documents of this Department 2. Selection Criteria: The selection electronic data instrument International published in the Federal Register, in criteria for this program are from 34 CFR Resource Information System (IRIS), to text or Adobe Portable Document
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Format (PDF) on the Internet at the November 19: Committee Meetings: (ELL) will meet in open session from following site: www.ed.gov/news/ Ad Hoc Committee on NAEP Testing 2:00 p.m. to 4:00 p.m. Thereafter, the fedregister. and Reporting on Students with Executive Committee will meet in open To use PDF you must have Adobe Disabilities and English Language session from 4:30 p.m. to 5:30 p.m. and Acrobat Reader, which is available free Learners: Open Session—2:00 p.m. to in closed session from 5:30 p.m. to 6:00 at this site. If you have questions about 4:00 p.m. p.m. During the closed session on using PDF, call the U.S. Government Executive Committee: Open Session— November 19, 2009 the Executive Printing Office (GPO), toll free, at 1– 4:30 p.m. to 5:30 p.m.; Closed Session— Committee will receive a briefing from 888–293–6498; or in the Washington, 5:30 p.m. to 6:00 p.m. the National Center for Education DC, area at (202) 512–1530. November 20: Statistics (NCES) on options for NAEP Note: The official version of this document Full Board: Open Session—8:30 a.m. contracts covering the 2010–2012 is the document published in the Federal to 11:15 a.m.; Closed Session—11:30 assessment years, based on funding for Register. Free Internet access to the official a.m. to 12:30 p.m.; Open Session—3:00 Fiscal Year 2010–2011. The discussion edition of the Federal Register and the Code p.m. to 4:30 p.m. of contract options and costs will of Federal Regulations is available on GPO Committee Meetings: address the implications for Access at: http://www.gpoaccess.gov/nara/ Assessment Development Committee: congressionally mandated goals and index.html. Closed Session—12:45 p.m. to 2:00 adherence to Board policies on NAEP Delegation of Authority: The Secretary p.m.; Open Session—2:00 p.m. to 3:00 assessments. This part of the meeting of Education has delegated authority to p.m. must be conducted in closed session Daniel T. Madzelan, Director, Committee on Standards, Design and because public discussion of this Forecasting and Policy Analysis for the Methodology and Reporting and information would disclose Office of Postsecondary Education, to Dissemination Committee: Joint Closed independent government cost estimates perform the functions and duties of the Session—12:45 p.m. to 1:05 p.m. and contracting options, adversely Assistant Secretary for Postsecondary Committee on Standards, Design and impacting the confidentiality of the Education. Methodology: Closed Session—1:05 p.m. contracting process. Public disclosure of to 2:00 p.m.; Open Session—2:00 p.m. information discussed would Dated: November 4, 2009. to 3:00 p.m. significantly impede implementation of Daniel T. Madzelan, Reporting and Dissemination the NAEP contracts, and is therefore Director, Forecasting and Policy Analysis. Committee: Open Session—1:05 p.m. to protected by exemption 9(B) of section [FR Doc. E9–27122 Filed 11–9–09; 8:45 am] 3:00 p.m. 552b(c) of Title 5 U.S.C. BILLING CODE 4000–01–P November 21: On November 20, the full Board will Nominations Committee: Closed meet in open session from 8:30 a.m. to Session—7:45 a.m. to 8:15 a.m. 10:00 a.m. The Board will review and DEPARTMENT OF EDUCATION Full Board: Closed Session—8:30 a.m. approve the meeting agenda and to 9:30 a.m.; Open Session—9:30 a.m. to meeting minutes from the August 2009 National Assessment Governing 11:00 a.m. Board meeting. Newly appointed Board Board; Meeting Location: Sheraton Raleigh Hotel, 421 members will then be introduced. The AGENCY: Department of Education, S. Salisbury Street, Raleigh, NC 27601. Board will also be addressed by North Carolina educators. This session will be National Assessment Governing Board. FOR FURTHER INFORMATION CONTACT: followed by a report from the Governing Munira Mwalimu, Operations Officer, ACTION: Notice of open meeting and Board’s Executive Director and an National Assessment Governing Board, partially closed meetings. update from the Acting Commissioner 800 North Capitol Street, NW., Suite of Education Statistics on the work of SUMMARY: The notice sets forth the 825, Washington, DC, 20002–4233, the National Center for Education schedule and proposed agenda of a Telephone: (202) 357–6938. forthcoming meeting of the National Statistics (NCES). SUPPLEMENTARY INFORMATION: The From 10:15 a.m. to 11:15 a.m., the full Assessment Governing Board. This National Assessment Governing Board notice also describes the functions of Board will receive a briefing on public is established under section 412 of the comments received on the Board. Notice of this meeting is National Education Statistics Act of recommendations of the Expert Panels required under Section 10 (a) (2) of the 1994, as amended. on SD and ELL students from the Ad Federal Advisory Committee Act. This The Board is established to formulate Hoc Committee on NAEP Testing and document is intended to notify members policy guidelines for the National Reporting. The full Board will then meet of the general public of their Assessment of Educational Progress in closed session from 11:30 a.m. to opportunity to attend. Individuals who (NAEP). The Board’s responsibilities 12:30 p.m. to receive a briefing from will need special accommodations in include selecting subject areas to be NCES on the 2009 Trend Results for order to attend the meeting (e.g.; assessed, developing assessment Reading. The Board will be provided interpreting services, assistive listening specifications and frameworks, with embargoed data that cannot be devices, materials in alternative format) developing appropriate student discussed in an open meeting prior to should notify Munira Mwalimu at 202– achievement levels for each grade and their official release. Premature 357–6938 or at subject tested, developing standards and disclosure of data would significantly [email protected] no later than procedures for interstate and national impede implementation of the NAEP November 10, 2009. We will attempt to comparisons, developing guidelines for Trend Assessment program, and is meet requests after this date, but cannot reporting and disseminating results, and therefore protected by exemption 9(B) of guarantee availability of the requested releasing initial NAEP results to the section 552b(c) of Title 5 U.S.C. accommodation. The meeting site is public. From 12:45 p.m. to 2:00 p.m. on accessible to individuals with On November 19, 2009, the Ad Hoc November 20, the Assessment disabilities. Committee on NAEP Testing and Development Committee will meet in DATES: November 19–21, 2009. Reporting on Students with Disabilities closed session to receive a briefing from Times: (SD) and English Language Learners Educational Testing Service on the 2009
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reading trend, reading vocabulary items, Framework project. This session will be have questions about using PDF, call the grade 12 mathematics trend, science test followed by an ethics briefing U.S. Government Printing Office (GPO), items, and the 2011 writing computer- conducted from 4:00 p.m. to 4:30 p.m., toll free at 1–888–293–6498; or in the based assessment. The Board will be provided to Board members from the Washington, DC, area at (202) 512–1530. provided with embargoed data that Office of General Counsel. The Note: The official version of this document cannot be discussed in an open meeting November 20 session of the Board is the document published in the Federal prior to their official release. Premature meeting is scheduled to adjourn at 4:30 Register. Free Internet access to the official disclosure of data would significantly p.m. edition of the Federal Register and the Code impede implementation of the NAEP On November 21, the Nominations of Federal Regulations is available on GPO assessments in the subjects, and is Committee will meet in closed session Access at: http://www.gpoaccess.gov/nara/ therefore protected by exemption 9(B) of from 7:45 a.m. to 8:15 a.m. to review index.html. section 552b(c) of Title 5 U.S.C. and discuss confidential information on Dated: November 4, 2009. Thereafter the Committee will meet in nominees (to include individual names open session till 3:00 p.m. and resumes) received for Board Cornelia S. Orr, From 12:45 p.m. to 1:05 p.m. two of vacancies for terms beginning on Executive Director, National Assessment the Board’s standing committees—the October 1, 2010. These discussions Governing Board, U.S. Department of Committee on Standards, Design and pertain solely to internal personnel Education. Methodology (COSDAM) and the rules and practices of an agency and [FR Doc. E9–27115 Filed 11–9–09; 8:45 am] Reporting and Dissemination will disclose information of a personal BILLING CODE 4000–01–P Committee—will meet in a joint closed nature where disclosure would session to receive a briefing on 2009 constitute an unwarranted invasion of participation rates for 12th grade personal privacy. As such, the DEPARTMENT OF ENERGY students and item response rates. In discussions are protected by exemptions addition, members will be briefed on 2 and 6 of section 552b(c) of Title 5 Federal Energy Regulatory participation rates for private schools U.S.C. Commission and students for all grades in subjects The full Board will meet in closed [Docket No. IC09–592–000] assessed in 2009. These data will session on November 21 from 8:30 a.m. provide information to help determine to 9:30 a.m. to receive a briefing on the Request for Comment on and whether participation rates are 2009 Trial Urban District Assessment Emergency Short-Term Clearance sufficient to assure reliable test results (TUDA) Mathematics Report Card. The Extension of OMB Approval for FERC– and sufficiency of response rates for data has not been released to the public 592 reliable measurement. and cannot be discussed in an open Following this joint session, the meeting. Premature disclosure of the November 3, 2009. Reporting and Dissemination Committee embargoed data would significantly AGENCY: Federal Energy Regulatory will meet in open session from 1:05 impede implementation of the NAEP Commission, Energy. p.m. to 3:00 p.m. COSDAM will TUDA program, and is therefore ACTION: Request for comment on continue to meet in closed session from protected by exemption 9(B) of section emergency short-term clearance 1:05 p.m. to 2:00 p.m. to receive a 552b(c) of Title 5 U.S.C. Thereafter, the extension of OMB (Office of briefing on trend results for 2009 Board will meet in open session from Management and Budget) approval for reading and grade 12 mathematics. 9:45 a.m. to 11:00 a.m. to review and FERC–592. Members will review secure data and take action on Committee reports. The SUMMARY: In compliance with the results on trend analyses for 2009 November 21, 2009 session of the Board requirements of section 3507(j) (2) of the reading and grade 12 mathematics with meeting is scheduled to adjourn at 11:00 Paperwork Reduction Act of 1995 (Pub. respect to achievement levels. The data a.m. will inform decisions on whether the Detailed minutes of the meeting, L. 104–13), as amended by the evidence is sufficient to assure the including summaries of the activities of Information Technology Reform Act of technical feasibility of maintaining the closed sessions and related matters 1996 (Pub. L. 104–106), the Federal trend for reporting 2009 data. COSDAM that are informative to the public and Energy Regulatory Commission will receive a briefing on preliminary consistent with the policy of section 5 (Commission or FERC) is soliciting results of the 2009 science achievement U.S.C. 552b(c) will be available to the public comment on FERC’s request for levels pilot study. Members will review public within 14 days of the meeting. an emergency short-term clearance secure science pilot results on the Records are kept of all Board extension of the OMB approval of percentages of students scoring at or proceedings and are available for public FERC–592 (OMB Control No. 1902– above the cut scores set in the science inspection at the U.S. Department of 0157; Marketing Affiliates of Interstate pilot study, and they will review item Education, National Assessment Pipelines, Standards of Conduct for data. Governing Board, Suite #825, 800 North Transmission Providers). These Committee meetings will be Capitol Street, NW., Washington, DC, DATES: Comments related to FERC’s partially closed since disclosure of the from 9:00 a.m. to 5:00 p.m. Eastern request for an emergency short-term secure data, not yet released to the Standard Time, Monday through Friday. clearance extension of OMB approval public, would significantly impede Electronic Access to This Document: are due November 30, 2009.1 implementation of the NAEP reading You may view this document, as well as and science assessment programs at all all other documents of this Department 1 On September 23, 2009, in this Docket, the Commission issued a request (‘‘Commission grades and mathematics at grade 12, and published in the Federal Register, in Information Collection Activities (FERC–592); is therefore protected by exemption 9(B) text or Adobe Portable Document Comment Request; Extension’’) for public comment of section 552b(c) of Title 5 U.S.C. Format (PDF) on the Internet at the on the current reporting requirements with no The full Board will meet in open following site: http://www.ed.gov/news/ change. (The Notice is available in FERC’s eLibrary at http://elibrary.ferc.gov/idmws/search/ session on November 21 from 3:00 p.m. fedregister/index.html To use PDF you intermediate.asp?link_file=yes&doclist=13756416 to 4:00 p.m. to receive a briefing on the must have Adobe Acrobat Reader, and in the Federal Register at 74 FR 50176 NAEP Technological Literacy which is available free at this site. If you (September 30, 2009).) The Notice provides
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ADDRESSES: Address comments on the FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF ENERGY request for an emergency short-term Ellen Brown may be reached by clearance extension to the Office of telephone at (202)502–8663, by fax at Federal Energy Regulatory Management and Budget, Office of (202)273–0873, and by e-mail at Commission Information and Regulatory Affairs, [email protected]. Attention: Federal Energy Regulatory Combined Notice of Filings SUPPLEMENTARY INFORMATION: FERC–592 Commission Desk Officer. Comments to October 29, 2009. OMB should be filed electronically, c/o includes the reporting, recordkeeping, _ and posting requirements in: Take notice that the Commission has oira [email protected] and received the following Natural Gas • include OMB Control Number 1902– 18 CFR Part 358 (Standards of Pipeline Rate and Refund Report filings: 0157 as a reference. The Desk Officer Conduct),2 may be reached by telephone at 202– Docket Numbers: RP10–74–000. • 18 CFR 250.16, and 395–4638. Applicants: Midwestern Gas • FERC Form No. 592 log/format, that Transmission Company. A copy of the comments should also Description: Midwestern Gas be sent to the Federal Energy Regulatory is posted at http://www.ferc.gov/docs- filing/eforms.asp#592. Transmission Company submits Sixth Commission and should refer to Docket Revised Sheet 0 et al. to FERC Gas No. IC09–592–000. Comments may be This Notice refers to this group of Tariff, Third Revised Volume 1, to be filed either electronically or in paper collections of information as ‘‘FERC– effective 12/1/09. format at FERC. Those persons filing 592.’’ Filed Date: 10/26/2009. electronically do not need to make a FERC does not have sufficient time Accession Number: 20091026–0284. paper filing. Documents filed after the pending comment period Comment Date: 5 p.m. Eastern Time electronically via the Internet must be (ending November 30, 2009) to review on Monday, November 9, 2009. prepared in an acceptable filing format and address public comments, to issue Docket Numbers: RP10–76–000. and in compliance with the Federal a subsequent 30-day Notice soliciting Applicants: Total Peaking Services, Energy Regulatory Commission public comment, and to subsequently LLC. submission guidelines. Complete filing submit that Notice and a clearance Description: Total Peaking Services, instructions and acceptable filing package to OMB at least 60 days before LLC submits proposed revisions to formats are available at http:// the current expiration date (of December FERC Gas Tariff to comply with Order www.ferc.gov/help/submission- 31, 2009). Therefore, to ensure OMB No. 587–T. guide.asp. To file the document clearance for the reporting requirements Filed Date: 10/26/2009. electronically, access the Commission’s Accession Number: 20091027–0034. Web site and click on Documents & does not expire before the clearance process is concluded, FERC is Comment Date: 5 p.m. Eastern Time Filing, E-Filing (http://www.ferc.gov/ on Monday, November 9, 2009. docs-filing/efiling.asp), and then follow requesting the following: the instructions for each screen. First • An emergency short-term clearance Docket Numbers: RP10–77–000. time users will have to establish a user extension of the current OMB expiration Applicants: Algonquin Gas name and password. The Commission date to May 2, 2010 (the maximum of Transmission, LLC. will send an automatic 180 days from this emergency request), Description: Algonquin Gas Transmission, LLC submits First acknowledgement to the sender’s e-mail • Public comments, by November 30, address upon receipt of comments. Revised Sheet 10 et al. to FERC Gas 2009, on the FERC request for the Tariff, Fifth Revised Volume 1, to be For paper filings, an original and two emergency short-term OMB clearance effective 11/30/09. copies of the comments should be extension, and Filed Date: 10/27/2009. submitted to the Federal Energy • The issuance, no later than Accession Number: 20091028–0001. Regulatory Commission, Secretary of the December 3, 2009, of OMB’s decision on Comment Date: 5 p.m. Eastern Time Commission, 888 First Street, NE., the FERC request for an emergency on Monday, November 9, 2009. Washington, DC 20426, and should refer short-term clearance extension. Docket Numbers: RP10–78–000. to Docket No. IC09–592–000. Action: As described above, the Applicants: Transcontinental Gas All comments may be viewed, printed Commission is requesting: (1) An Pipe Line Company. or downloaded remotely via the Internet emergency short-term OMB clearance Description: Transcontinental Gas through FERC’s homepage using the extension, (2) public comments on the Pipe Line Company, LLC submits Sixth ‘‘eLibrary’’ link. For user assistance, FERC request for an emergency short- Revised Sheet 21 et al. to FERC Gas contact [email protected] or term clearance extension of the OMB Tariff, Fourth Revised Volume 1, to be toll-free at (866) 208–3676 or for TTY, approval, and (3) an expedited OMB effective 11/1/09. contact (202) 502–8659. decision on the FERC emergency short- Filed Date: 10/27/2009. term clearance extension request. Accession Number: 20091028–0002. additional information and requests comments on Comment Date: 5 p.m. Eastern Time the need for the reporting requirements; uses of the Kimberly D. Bose, data; the accuracy of the burden estimate; ways to on Monday, November 9, 2009. minimize the burden; and ways to enhance the Secretary. Docket Numbers: RP10–79–000. quality, utility and clarity of the information to be [FR Doc. E9–26971 Filed 11–9–09; 8:45 am] Applicants: Equitrans, L.P. collected. The comment period ends on November 30, 2009; those comments are to be submitted to BILLING CODE 6717–01–P Description: Equitrans, LP submits FERC. Fifth Revised Tariff Sheet 317 to FERC The Notice herein relates to FERC’s request to 2 The requirements in 18 CFR Part 358 that are Gas Tariff, Original Volume 1 to be OMB for an emergency short-term extension of the related to the natural gas industry are included in effective 11/1/09. OMB clearance for the FERC–592 reporting OMB No. 1902–0157 and this Notice. However, the Filed Date: 10/28/2009. requirements, and an expedited OMB decision on requirements in Part 358 that are related to the the request. electric utility industry are covered by FERC–717 Accession Number: 20091029–0025. Comments related to issues in both Notices are (OMB Control No. 1902–0173) and are not a subject Comment Date: 5 p.m. Eastern Time due on November 30, 2009. of this Notice. on Monday, November 9, 2009.
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Any person desiring to intervene or to The filings in the above proceedings registration is not required. Members of protest in any of the above proceedings are accessible in the Commission’s the Commission will attend and must file in accordance with Rules 211 eLibrary system by clicking on the participate in the conference. and 214 of the Commission’s Rules of appropriate link in the above list. They The purpose of this conference is to Practice and Procedure (18 CFR 385.211 are also available for review in the explore issues related to licensing small and 385.214) on or before 5 p.m. Eastern Commission’s Public Reference Room in non-federal hydropower projects in the time on the specified comment date. It Washington, DC. There is an United States. Specifically, the is not necessary to separately intervene eSubscription link on the Web site that participants will discuss the again in a subdocket related to a enables subscribers to receive e-mail Commission’s program for granting compliance filing if you have previously notification when a document is added licenses and exemptions from licensing, intervened in the same docket. Protests to a subscribed dockets(s). For including 5-megawatt and conduit will be considered by the Commission assistance with any FERC Online exemptions, for conventional in determining the appropriate action to service, please e-mail hydropower projects. The conference [email protected]. or call be taken, but will not serve to make will also provide an opportunity for (866) 208–3676 (toll free). For TTY, call protestants parties to the proceeding. industry, state and federal agencies, (202) 502–8659. Anyone filing a motion to intervene or tribes, and other stakeholders to express protest must serve a copy of that Nathaniel J. Davis, Sr., their views and suggestions for document on the Applicant. In reference Deputy Secretary. processing applications for small to filings initiating a new proceeding, [FR Doc. E9–26980 Filed 11–9–09; 8:45 am] hydropower projects. The agenda for interventions or protests submitted on BILLING CODE 6717–01–P this conference is attached. or before the comment deadline need A free webcast of this event is not be served on persons other than the available through http://www.ferc.gov. Applicant. DEPARTMENT OF ENERGY Anyone with Internet access who The Commission encourages desires to listen to this event can do so Federal Energy Regulatory electronic submission of protests and by navigating to the Calendar of Events Commission interventions in lieu of paper, using the at http://www.ferc.gov and locating this FERC Online links at http:// [Docket No. AD09–9–000] event in the Calendar. The event will www.ferc.gov. To facilitate electronic contain a link to its webcast. The service, persons with Internet access Small Hydropower Development in the Capitol Connection provides technical who will eFile a document and/or be United States; Supplemental Notice of support for webcasts and offers the listed as a contact for an intervenor Technical Conference option of listening to the conference via must create and validate an November 3, 2009. phone-bridge for a fee. If you have any eRegistration account using the As announced in the ‘‘Notice of questions, visit http:// eRegistration link. Select the eFiling Technical Conference’’ issued on www.CapitolConnection.org or call (703) link to log on and submit the August 14, 2009, a technical conference 993–3100. intervention or protests. will be held on December 2, 2009, from Anyone without Internet access can Persons unable to file electronically 1 p.m. to 5 p.m. (EST) in the view the conference via television from should submit an original and 14 copies Commission Meeting Room at the one of the Commission’s regional of the intervention or protest to the Federal Energy Regulatory Commission, offices. Please call or e-mail the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC following staff by November 16, 2009, to 888 First St., NE., Washington, DC 20426. The conference will be open for make arrangements. Seating capacity is 20426. the public to attend and advance limited.
Regional office Staff contact Telephone number E-mail address
Atlanta ...... Charles Wagner ...... (678) 245–3065 ...... [email protected] Chicago ...... Peggy Harding ...... (312) 596–4438 ...... [email protected] New York ...... Peter Valeri ...... (212) 273–5930 ...... [email protected] Portland ...... Patrick Regan ...... (503) 552–2741 ...... [email protected] San Francisco ...... Ron Adhya ...... (415) 369–3368 ...... [email protected]
This conference will be transcribed. Hocking at (202) 502–8753 or ENVIRONMENTAL PROTECTION Transcripts of the conference will be [email protected]. AGENCY immediately available for a fee from Kimberly D. Bose, Ace-Federal Reporters, Inc. (202) 347– [EPA–HQ–OAR–2009–0234; FRL–8979–6] 3700 or (800) 336–6646. Secretary. Commission conferences are [FR Doc. E9–26972 Filed 11–9–09; 8:45 am] Agency Information Collection accessible under section 508 of the BILLING CODE 6717–01–P Activities: Submission to OMB for Rehabilitation Act of 1973. For Review and Approval; Comment accessibility accommodations, please Request; Information Collection Effort send an e-mail to [email protected] for New and Existing Coal- and Oil- or call toll free (866) 208–3372 (voice) fired Electric Utility Steam Generating or (202) 208–8659 (TTY), or send a FAX Units; EPA ICR No. 2362.01, OMB to (202) 208–2106 with the required Control No. 2060–New accommodations. For more information about this AGENCY: Environmental Protection conference, please contact Steve Agency (EPA).
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ACTION: Notice. DC. The EPA/DC Public Reading Room survey in electronic format; however, is open from 8:30 a.m. to 4:30 p.m., written responses will also be accepted. SUMMARY: In compliance with the Monday through Friday, excluding legal The survey will be submitted to all Paperwork Reduction Act (PRA)(44 holidays. The telephone number for the facilities identified as being coal- or oil- U.S.C. 3501 et seq.), this document Reading Room is 202–566–1744, and the fired electric utility steam generating announces that an Information telephone number for the Air and units through data bases available to the Collection Request (ICR) has been Radiation Docket is 202–566–1742. Agency. EPA envisions allowing forwarded to the Office of Management Use EPA’s electronic docket and recipients 3 months to respond to the and Budget (OMB) for review and comment system at http:// survey. To further define the emission approval. This is a request for a new www.regulations.gov to submit or view level being achieved by the top collection. The ICR, which is abstracted public comments, access the index performing 12 percent of similar sources below, describes the nature of the listing of the contents of the docket, and for the existing population, this ICR information collection and its estimated to access those documents in the docket requires that certain units conduct burden and cost. that are available electronically. Once in emission testing concurrent with the DATES: Additional comments may be the system, select ‘‘docket search’’ then survey. EPA envisions allowing submitted on or before December 10, key in the docket ID number identified recipients 6 to 8 months to respond to 2009. above. Please note that EPA’s policy is the emission testing requirement. ADDRESSES: Submit your comments, that public comments, whether Burden Statement: The total burden referencing Docket ID No. EPA–HQ– submitted electronically or in paper, for the coal- and oil-fired electric utility OAR–2009–0234, to (1) EPA online will be made available for public steam generating units’ data gathering using http://www.regulations.gov (our viewing at www.regulations.gov as EPA effort is estimated to be 86,881 hours preferred method), by e-mail to a-and-r- receives them and without change, and $96,541,879 (74 hours and $106,726 [email protected], or by mail to: EPA unless the comment contains per respondent for approximately 1,334 Docket Center, Environmental copyrighted material, confidential units). Burden means the total time, Protection Agency, Air and Radiation business information (CBI), or other effort, or financial resources expended Docket and Information Center, information whose public disclosure is by persons to generate, maintain, retain, Mailcode: 28221T, 1200 Pennsylvania restricted by statute. For further or disclose or provide information to or Ave., NW., Washington, DC 20460, and information about the electronic docket, for a Federal agency. This includes the (2) OMB by mail to: Office of go to http://www.regulations.gov. time needed to review instructions; Title: Information Collection Effort for Information and Regulatory Affairs, develop, acquire, install, and utilize Coal- and Oil-fired Electric Utility Office of Management and Budget technology and systems for the purposes (OMB), Attention: Desk Officer for EPA, Steam Generating Units. ICR numbers: EPA ICR No. 2362.01, of collecting, validating, and verifying 725 17th Street, NW., Washington, DC information, processing and 20503. OMB Control No. 2060–New. ICR Status: This ICR is for a new maintaining information, and disclosing FOR FURTHER INFORMATION CONTACT: information collection activity. An and providing information; adjust the William Maxwell, Energy Strategies Agency may not conduct or sponsor and existing ways to comply with any Group, Sector Policies and Program a person is not required to respond to previously applicable instructions and Division, D243–01, Environmental a collection of information unless it requirements which have subsequently Protection Agency, Research Triangle displays a currently valid OMB control changed; train personnel to be able to Park, North Carolina 27711; telephone number. The OMB control numbers for respond to a collection of information; number: (919) 541–5430; fax number: EPA’s regulations in title 40 of the CFR, search data sources; complete and (919) 541–5450; e-mail address: after appearing in the Federal Register review the collection of information; [email protected]. when approved, are listed in 40 CFR and transmit or otherwise disclose the SUPPLEMENTARY INFORMATION: EPA has part 9, and are displayed either by information. submitted the following ICR to OMB for publication in the Federal Register or Respondents/Affected Entities: review and approval according to the by other appropriate means, such as on Respondents affected by this action may procedures prescribed in 5 CFR 1320.10. the related collection instrument or be owners/operators of coal- and oil- On July 2, 2009 (74 FR 31725), EPA form, if applicable. The display of OMB fired electric utility steam generating sought comments on a draft of this ICR control numbers in certain EPA units as defined under CAA section pursuant to 5 CFR 1320.8(d). EPA regulations is consolidated in 40 CFR 112(a)(8). received 53 comments during the part 9. Estimated Number of Respondents: comment period and revised this ICR in Abstract: This information collection 531. response to the comments. Comments will be conducted by EPA’s Office of Air Frequency of Response: One time. received on the July 2, 2009 draft of this and Radiation (OAR) to assist the Estimated Total Annual Hour Burden: ICR and EPA’s responses to those Administrator of EPA to determine the 86,881. comments may be found in the public current population of affected coal- and Estimated Total Annual Cost: docket. Any additional comments on oil-fired electric utility steam generating $96,541,879. This includes an estimated this ICR should be submitted to EPA units and to develop emission standards cost of $5,904,197 for the electronic and OMB within 30 days of this notice. for this source category as required by survey component and an estimated EPA has established a public docket Clean Air Act (CAA) section 112(d). cost for the stack testing component of for this ICR under Docket ID No. EPA– To obtain the information necessary $90,637,682. There are no capital or HQ–OAR–2009–0234, which is to identify and categorize all coal- and O&M costs. available for online viewing at http:// oil-fired electric utility steam generating www.regulations.gov, or in person units potentially affected by the CAA Dated: November 3, 2009. viewing at the Air and Radiation Docket section 112(d) standard, this ICR will John Moses, in the EPA Docket Center (EPA/DC), solicit information from all potentially Director, Collection Strategies Division. EPA West, Room 3334, 1301 affected units under authority of CAA [FR Doc. E9–27047 Filed 11–9–09; 8:45 am] Constitution Ave., NW., Washington, section 114. EPA intends to provide the BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION are available primarily via the Internet Dichloroethylene peer review workshop AGENCY on NCEA’s home page under the Recent coordinator), or by e-mail at Additions and Publications menus at [email protected] (subject line: cis- [FRL–8978–5; Docket ID No. EPA–HQ–ORD– 2009–0348] http://www.epa.gov/ncea. In preparing a and trans-1,2-Dichloroethylene Peer final report, EPA will consider Versar’s Review Workshop), preferably at least Draft Toxicological Review of cis- and report of the comments and 10 days prior to the meeting, to give as trans-1,2-Dichloroethylene: In Support recommendations from the external much time as possible to process your of the Summary Information in the peer-review workshop and any public request. Integrated Risk Information System comments that EPA receives. FOR FURTHER INFORMATION CONTACT: (IRIS) DATES: The peer-review panel workshop Questions regarding information, will begin on December 17, 2009 at 8:30 registration, access or services for AGENCY: Environmental Protection a.m. and end at 4 p.m. individuals with disabilities, or logistics Agency (EPA). ADDRESSES: The peer-review workshop for the external peer-review workshop ACTION: Notice of peer-review workshop. will be held at the Marriott Courtyard should be directed to Versar, Inc., 6850 SUMMARY: EPA is announcing that Arlington Crystal City/Reagan National Versar Center, Springfield, VA 22151; Versar, Inc., an EPA contractor for Airport, 2899 Jefferson Davis Highway, telephone: 703–750–3000, ext. 545, or external scientific peer review, will Arlington, VA 22202, phone: 703–549– toll free at 1–800–2–VERSAR (ask for convene an independent panel of 3434. The EPA contractor, Versar, Inc., Kathy Coon, the cis- and trans-1,2- experts and organize and conduct an is organizing, convening, and Dichloroethylene peer review workshop external peer-review workshop to conducting the peer-review workshop. coordinator), facsimile: 703–642–6954 review the external review draft To attend the workshop, register by (please reference the ‘‘cis- and trans-1,2- document titled, ‘‘Toxicological Review December 10, 2009, by calling Versar, Dichloroethylene Workshop’’ and of cis- and trans-1,2-Dichloroethylene: Inc. at 703–750–3000, ext. 545, or toll include your name, title, affiliation, full In Support of Summary Information on free at 1–800–2–VERSAR (ask for Kathy address and contact information), or e- the Integrated Risk Information System Coon, the cis- and trans-1,2- mail: [email protected] (subject line: (IRIS)’’ (EPA/635/R–09/006). The draft Dichloroethylene peer review workshop cis- and trans-1,2-Dichloroethylene Peer document was prepared by the National coordinator), sending a facsimile to Review Workshop). To request Center for Environmental Assessment 703–642–6954 (please reference the accommodation of a disability, please (NCEA) within EPA’s Office of Research ‘‘cis- and trans-1,2-Dichloroethylene contact Kathy Coon (at the numbers and and Development. EPA previously Workshop’’ and include your name, e-mail listed above), preferably at least announced the 60-day public comment title, affiliation, full address and contact 10 days prior to the meeting, to give as period (ending November 23, 2009) for information), or sending an e-mail to much time as possible to process your the draft document in the Federal [email protected] (subject line: cis- request. Register on September 24, 2009 (74 FR and trans-1,2-Dichloroethylene Peer If you have questions about the 48733). EPA will consider public Review Workshop). document, please contact Audrey comments and recommendations from The draft ‘‘Toxicological Review of Galizia, National Center for the expert panel workshop as EPA cis- and trans-1,2-Dichloroethylene: In Environmental Assessment (NCEA), finalizes the draft document. Support of Summary Information on the telephone: 732–906–6887; facsimile: The public comment period and the Integrated Risk Information System 732–452–6429; or e-mail external peer-review workshop are (IRIS)’’ is available primarily via the [email protected]. separate processes that provide Internet on the National Center for SUPPLEMENTARY INFORMATION: opportunities for all interested parties to Environmental Assessment’s home page Information About IRIS comment on the document. EPA intends under the Recent Additions and to forward public comments submitted Publications menus at http:// IRIS is a database that contains in accordance with the September 24, www.epa.gov/ncea. A limited number of potential adverse human health effects 2009, Federal Register notice (74 FR paper copies are available from the information that may result from 48733) to Versar, Inc. for consideration Information Management Team, NCEA; chronic (or lifetime) exposure to specific by the external peer-review panel prior telephone: 703–347–8561; facsimile: chemical substances found in the to the workshop. 703–347–8691. If you are requesting a environment. The database (available on EPA is releasing this draft document paper copy, please provide your name, the Internet at http://www.epa.gov/iris) solely for the purpose of pre- mailing address, and the document title, contains qualitative and quantitative dissemination peer review under ‘‘Toxicological Review of cis- and trans- health effects information for more than applicable information quality 1,2-Dichloroethylene: In Support of 540 chemical substances that may be guidelines. This document has not been Summary Information on the Integrated used to support the first two steps formally disseminated by EPA. It does Risk Information System (IRIS).’’ Copies (hazard identification and dose- not represent and should not be are not available from Versar, Inc. response evaluation) of a risk construed to represent any Agency Information on Services for assessment process. When supported by policy or determination. Individuals with Disabilities: EPA available data, the database provides Versar, Inc. invites the public to welcomes public attendance at the ‘‘cis- oral reference doses (RfDs) and register to attend this workshop as and trans-1,2-Dichloroethylene peer- inhalation reference concentrations observers. In addition, Versar, Inc. review workshop’’ and will make every (RfCs) for chronic health effects, and invites the public to give oral and/or effort to accommodate persons with oral slope factors and inhalation unit provide written comments at the disabilities. For information on access risks for carcinogenic effects. Combined workshop regarding the draft document or services for individuals with with specific exposure information, under review. Space is limited, and disabilities, please contact Versar, Inc. government and private entities can use reservations will be accepted on a first- by phone at (703) 750–3000, ext. 545, or IRIS data to help characterize public come, first-served basis. The draft toll free at 1–800–2–VERSAR (ask for health risks of chemical substances in a document and EPA’s peer-review charge Kathy Coon, the cis- and trans-1,2- site-specific situation and thereby
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support risk management decisions Versar, Inc. invites the public to disabilities, please contact Versar, Inc, designed to protect public health. register to attend this workshop as preferably at least 10 days prior to the Dated: October 29, 2009. observers. In addition, Versar, Inc. meeting, to give as much time as Rebecca Clark, invites the public to give oral and/or possible to process your request. provide written comments at the Acting Director, National Center for FOR FURTHER INFORMATION CONTACT: Environmental Assessment. workshop regarding the draft document Questions regarding information, [FR Doc. E9–27049 Filed 11–9–09; 8:45 am] under review. Space is limited, and registration, access or services for reservations will be accepted on a first- BILLING CODE 6560–50–P individuals with disabilities, or logistics come, first-served basis. The draft for the external peer-review workshop document and EPA’s peer-review charge should be directed to Versar. ENVIRONMENTAL PROTECTION are available primarily via the Internet If you have questions about the AGENCY on NCEA’s home page under the Recent document, please contact Kathleen Additions and Publications menus at Newhouse, National Center for [FRL–8978–7; Docket ID No. EPA–HQ–ORD– http://www.epa.gov/ncea. In preparing a Environmental Assessment (NCEA), 2009–0245] final report, EPA will consider Versar (8601P) 1200 Pennsylvania Ave., Draft Toxicological Review of Inc.’s report of the comments and Washington DC, 20460; telephone: 703– Hydrogen Cyanide and Cyanide Salts: recommendations from the external 347–8641; facsimile: 703–347–8689; or In Support of the Summary Information peer-review workshop and any public e-mail: [email protected]. on the Integrated Risk Information comments that EPA receives. SUPPLEMENTARY INFORMATION: System (IRIS) DATES: The peer-review panel workshop will begin on December 14, 2009, at 9 I. Information About IRIS AGENCY: Environmental Protection a.m. and end at 5 p.m. IRIS is a database that contains Agency (EPA). ADDRESSES: The peer-review workshop potential adverse human health effects ACTION: Notice of peer-review workshop. will be held at Marriott Courtyard information that may result from chronic (or lifetime) exposure to specific SUMMARY: EPA is announcing that Arlington Crystal City/Reagan National chemical substances found in the Versar, Inc., an EPA contractor for Airport, 2899 Jefferson Davis Highway, environment. The database (available on external scientific peer review, will Arlington, VA 22202, telephone 703– the Internet at http://www.epa.gov/iris) convene an independent panel of 549–3434. The EPA contractor, Versar, contains qualitative and quantitative experts and organize and conduct an Inc. is organizing, convening, and health effects information for more than external peer-review workshop to conducting the peer-review workshop. 540 chemical substances that may be review the external review draft To attend the workshop, register by used to support the first two steps document titled, ‘‘Toxicological Review December 7, 2009, by calling Versar, (hazard identification and dose- of Hydrogen Cyanide and Cyanide Salts: Inc. at 703–750–3000 extension 6897, response evaluation) of a risk In Support of Summary Information on sending a facsimile to 703–642–6954 or the Integrated Risk Information System sending an e-mail to assessment process. When supported by (IRIS)’’ (EPA/635/R–08/016). The draft [email protected]. You may also available data, the database provides document was prepared by the National register via the Internet at http:// oral reference doses (RfDs) and Center for Environmental Assessment epa.versar.com/hydrogencyanide. inhalation reference concentrations (NCEA) within EPA’s Office of Research The draft ‘‘Toxicological Review of (RfCs) for chronic health effects, and and Development. EPA previously Hydrogen Cyanide and Cyanide Salts: In oral slope factors and inhalation unit announced the 60-day public comment Support of Summary Information on the risks for carcinogenic effects. Combined period (ending November 23, 2009) for Integrated Risk Information System with specific exposure information, the draft document in the Federal (IRIS)’’ is available primarily via the government and private entities can use Register on September 23, 2009 (74 FR Internet on the National Center for IRIS data to help characterize public 48539). EPA will consider public Environmental Assessment’s home page health risks of chemical substances in a comments and recommendations from under the Recent Additions and site-specific situation and thereby the expert panel workshop as EPA Publications menus at http:// support risk management decisions finalizes the draft document. www.epa.gov/ncea. A limited number of designed to protect public health. The public comment period and the paper copies are available from the Dated: October 29, 2009. external peer-review workshop are Information Management Team, NCEA; Rebecca Clark, separate processes that provide telephone: 703–347–8561; facsimile: Acting Director, National Center for opportunities for all interested parties to 703–347–8691. If you are requesting a Environmental Assessment. comment on the document. EPA intends paper copy, please provide your name, [FR Doc. E9–27051 Filed 11–9–09; 8:45 am] mailing address, and the document title, to forward public comments submitted BILLING CODE 6560–50–P in accordance with the September 23, ‘‘Toxicological Review of Hydrogen 2009, Federal Register notice (74 FR Cyanide and Cyanide Salts: In Support 48539) to Versar, Inc., for consideration of Summary Information on the ENVIRONMENTAL PROTECTION by the external peer-review panel prior Integrated Risk Information System AGENCY to the workshop. (IRIS).’’ Copies are not available from EPA is releasing this draft document Versar, Inc. [FRL–8978–6; Docket ID No. EPA–HQ–ORD– solely for the purpose of pre- Information on Services for 2009–0203] dissemination peer review under Individuals with Disabilities: EPA Draft Toxicological Review of applicable information quality welcomes public attendance at the Trichloroacetic Acid: In Support of the guidelines. This document has not been ‘‘Hydrogen Cyanide and Cyanide Salts Summary Information in the Integrated formally disseminated by EPA. It does peer-review workshop’’ and will make Risk Information System (IRIS) not represent and should not be every effort to accommodate persons construed to represent any Agency with disabilities. For information on AGENCY: Environmental Protection policy or determination. access or services for individuals with Agency (EPA).
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ACTION: Notice of peer-review workshop. ADDRESSES: The peer-review workshop ext. 579 or toll free at 1–800–2–VERSAR will be held at the Marriott Courtyard (1–800–283–7727), ext. 579, or ask for SUMMARY: EPA is announcing that Arlington Crystal City/Reagan National the Trichloroacetic Acid Peer Review Versar, Inc., an EPA contractor for Airport, 2899 Jefferson Davis Highway, Workshop Coordinator, Karie Riley). To external scientific peer review, will Arlington, VA 22202; phone: 703–549– request accommodation of a disability, convene an independent panel of 3434. The EPA contractor, Versar, Inc., please contact Ms. Karie Riley of Versar, experts and organize and conduct an is organizing, convening, and preferably at least 10 days prior to the external peer-review workshop to conducting the peer-review workshop. meeting, to give as much time as review the external review draft To attend the workshop, register by possible to process your request. document titled, ‘‘Toxicological Review December 4, 2009, by e-mail: of Trichloroacetic Acid: In Support of [email protected] (subject line: If you have questions about the Summary Information on the Integrated Trichloroacetic Acid Peer Review document, contact Diana Wong, Risk Information System (IRIS)’’ (EPA/ Workshop), by phone: 703–750–3000, National Center for Environmental 635/R–09/003A). The draft document ext. 579 or toll free at 1–800–2–VERSAR Assessment, (8601P), U.S. EPA, 1200 was prepared by the National Center for (1–800–283–7727), ext. 579, ask for the Pennsylvania Avenue, NW., Environmental Assessment (NCEA) Trichloroacetic Acid Peer Review Washington, DC 20460; telephone: 703– within EPA’s Office of Research and Workshop Coordinator, Karie Riley, or 347–8633; facsimile: 703–347–8689; or Development. EPA previously by faxing a registration request to 703– e-mail: [email protected]. announced the 60-day public comment 642–6954 (please reference the SUPPLEMENTARY INFORMATION: period (ending November 23, 2009) for ‘‘Trichloroacetic Acid Peer Review the draft document in the Federal Workshop’’ and include your name, Information About IRIS Register on September 24, 2009 (74 FR title, affiliation, full address, and 48735). EPA will consider public contact information). IRIS is a database that contains comments and recommendations from The draft ‘‘Toxicological Review of potential adverse human health effects the expert panel workshop as EPA Trichloroacetic Acid: In Support of information that may result from finalizes the draft document. Summary Information on the Integrated chronic (or lifetime) exposure to specific The public comment period and the Risk Information System (IRIS)’’ is chemical substances found in the external peer-review workshop are available primarily via the Internet on environment. The database (available on separate processes that provide the National Center for Environmental the Internet at http://www.epa.gov/iris) opportunities for all interested parties to Assessment’s home page under the contains qualitative and quantitative comment on the document. EPA intends Recent Additions and Publications health effects information for more than to forward public comments submitted menus at http://www.epa.gov/ncea. A 540 chemical substances that may be in accordance with the September 24, limited number of paper copies are used to support the first two steps 2009, Federal Register notice (74 FR available from the Information (hazard identification and dose- 48735) to Versar, Inc. for consideration Management Team, NCEA; telephone: response evaluation) of a risk by the external peer-review panel prior 703–347–8561; facsimile: 703–347– assessment process. When supported by to the workshop. 8691. If you are requesting a paper copy, available data, the database provides EPA is releasing this draft document please provide your name, mailing oral reference doses (RfDs) and solely for the purpose of pre- address, and the document title, inhalation reference concentrations dissemination peer review under ‘‘Toxicological Review of (RfCs) for chronic health effects, and applicable information quality Trichloroacetic Acid: In Support of oral slope factors and inhalation unit guidelines. This document has not been Summary Information on the Integrated risks for carcinogenic effects. Combined formally disseminated by EPA. It does Risk Information System (IRIS).’’ Copies with specific exposure information, not represent and should not be are not available from Versar, Inc. construed to represent any Agency Information on Services for government and private entities can use policy or determination. Individuals with Disabilities: EPA IRIS data to help characterize public Versar, Inc. invites the public to welcomes public attendance at the health risks of chemical substances in a register to attend this workshop as ‘‘trichloroacetic acid peer-review site-specific situation and thereby observers. In addition, Versar, Inc. workshop’’ and will make every effort to support risk management decisions invites the public to give oral and/or accommodate persons with disabilities. designed to protect public health. provide written comments at the For information on access or services for Dated: October 29, 2009. workshop regarding the draft document individuals with disabilities, please Rebecca Clark, under review. Space is limited, and contact Versar, Inc. by phone at 703– Acting Director, National Center for reservations will be accepted on a first- 750–3000 ext. 579 or by e-mail at Environmental Assessment. come, first-served basis. The draft [email protected], preferably at least document and EPA’s peer-review charge 10 days prior to the meeting, to give as [FR Doc. E9–27048 Filed 11–9–09; 8:45 am] are available primarily via the Internet much time as possible to process your BILLING CODE 6560–50–P on NCEA’s home page under the Recent request. Additions and Publications menus at FOR FURTHER INFORMATION CONTACT: http://www.epa.gov/ncea. In preparing a Questions regarding information, final report, EPA will consider Versar’s registration, access or services for report of the comments and individuals with disabilities, or logistics recommendations from the external for the external peer-review workshop peer-review workshop and any public should be directed to Versar, Inc., 6850 comments that EPA receives. Versar Center, Springfield, VA 22151; DATES: The peer-review panel workshop by e-mail: [email protected] (subject will be held on December 10, 2009, at line: Trichloroacetic Acid Peer Review 8:30 a.m. and end at 5 p.m. Workshop), by phone: 703–750–3000,
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FEDERAL DEPOSIT INSURANCE be inspected and photocopied in the supporting materials that you consider CORPORATION FDIC Public Information Center, 3501 confidential or inappropriate for public North Fairfax Drive, Room E–1002, disclosure. FEDERAL RESERVE SYSTEM Arlington, VA 22226, between 9 a.m. You may review comments and other [Docket No. OP–1369] and 5 p.m. (EST) on business days. related materials by any of the following Paper copies of public comments may methods: DEPARTMENT OF THE TREASURY be ordered from the Public Information Viewing Comments Personally: You Center by telephone at (877) 275–3342 may personally inspect and photocopy Office of the Comptroller of the or (703) 562–2200. comments at the OCC, 250 E Street, Currency FRB: You may submit comments, SW., Washington, DC. For security identified by Docket No. OP–1369, by reasons, the OCC requires that visitors [Docket ID OCC–2009–0013] any of the following methods: make an appointment to inspect Agency Web site: http:// comments. You may do so by calling DEPARTMENT OF THE TREASURY www.federalreserve.gov. Follow the (202) 874–4700. Upon arrival, visitors instructions for submitting comments at will be required to present valid Office of Thrift Supervision http://www.federalreserve.gov/ government-issued photo identification [Docket ID OTS–2009–0016] generalinfo/foia/ProposedRegs.cfm. and submit to security screening in E-mail: order to inspect and photocopy Correspondent Concentration Risks: [email protected]. comments. You may also view or Reopening of Comment Period Include the docket number in the request available background documents and project summaries using AGENCIES: Federal Deposit Insurance subject line of the message. Federal eRulemaking Portal: http:// Corporation (FDIC); Board of Governors the methods described above. www.regulations.gov. Follow the OTS: You may submit comments, of the Federal Reserve System (the instructions for submitting comments. identified by docket number ID OTS– Board), Office of the Comptroller of the Fax: (202) 452–3819 or (202) 452– 2009–0016, by any of the following Currency, Treasury (OCC); and Office of 3102. methods: Thrift Supervision, Treasury (OTS). Mail: Jennifer J. Johnson, Secretary, E-mail: [email protected]. ACTION: Extension of Comment Period Board of Governors of the Federal Please include ID OTS–2009–0016 in for Proposed Guidance. Reserve System, 20th Street and the subject line of the message and Constitution Avenue, NW., Washington, include your name and telephone SUMMARY: On September 25, 2009, the number in the message. FDIC, Board, OCC, and OTS (the DC 20551. Public Inspection: All public Fax: (202) 906–6518. Agencies) published proposed guidance comments are available from the Board’s Mail: Regulation Comments, Chief on correspondent concentration risks Web site at http:// Counsel’s Office, Office of Thrift (Proposed Guidance) for public www.federalreserve.gov/generalinfo/ Supervision, 1700 G Street, NW., comment. The Agencies are reopening foia/ProposedRegs.cfm as submitted, Washington, DC 20552, Attention: ID the comment period on the Proposed unless modified for technical reasons. OTS–2009–0016. Guidance for an additional 30 days. Accordingly, your comments will not be Hand Delivery/Courier: Guard’s Desk, DATES: Comments must be submitted on edited to remove any identifying or East Lobby Entrance, 1700 G Street, or before November 27, 2009. contact information. Public comments NW., from 9 a.m. to 4 p.m. on business ADDRESSES: Comments should be may also be viewed in electronic or days, Attention: Regulation Comments, directed to: paper form in Room MP–500 of the Chief Counsel’s Office, Attention: ID FDIC: You may submit comments by Board’s Martin Building (20th and C OTS–2009–0016. any of the following methods: Streets, NW.) between 9 a.m. and 5 p.m. Instructions: All submissions received Agency Web Site: http:// on weekdays. must include the agency name and www.fdic.gov/regulations/laws/federal. OCC: You may submit comments by docket number for this notice. All Follow instructions for submitting any of the following methods: comments received will be entered into comments on the Agency Web Site. E-mail: [email protected]. the docket without change, including E-mail: [email protected]. Include Fax: (202) 874–5274. any personal information provided. ‘‘Proposed Guidance on Correspondent Mail: Office of the Comptroller of the Comments including attachments and Concentration Risks’’ in the subject line Currency, 250 E Street, SW., Mail Stop other supporting materials received are of the message. 2–3, Washington, DC 20219. part of the public record and subject to Federal eRulemaking Portal: http:// Hand Delivery/Courier: 250 E Street, public disclosure. Do not enclose any www.regulations.gov. Follow the SW., Attn: Public Information Room, information in your comments or instructions for submitting comments. Mail Stop 2–3, Washington, DC 20219. supporting materials that you consider Mail: Robert E. Feldman, Executive Instructions: You must include confidential or inappropriate for public Secretary, Attention: Comments, Federal ‘‘OCC’’ as the agency name and ‘‘Docket disclosure. Deposit Insurance Corporation, 550 17th ID OCC–2009–0013’’ in your comment. Viewing Comments On-Site: You may Street, NW., Washington, DC 20429. In general, OCC will enter all comments inspect comments at the Public Reading Hand Delivery/Courier: Guard station received into the docket without Room, 1700 G Street, NW., by at the rear of the 550 17th Street change, including any business or appointment. To make an appointment Building (located on F Street) on personal information that you provide for access, call (202) 906–5922, send an business days between 7 a.m. and 5 p.m. such as name and address information, e-mail to [email protected], or (EST). e-mail addresses, or phone numbers. send a facsimile transmission to (202) Public Inspection: All comments Comments, including attachments and 906–6518. (Prior notice identifying the received will be posted without change other supporting materials, received are materials you will be requesting will to http://www.fdic.gov/regulations/laws/ part of the public record and subject to assist us in serving you.) We schedule federal including any personal public disclosure. Do not enclose any appointments on business days between information provided. Comments may information in your comment or 10 a.m. and 4 p.m. In most cases,
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appointments will be available the next FEDERAL DEPOSIT INSURANCE Dated: November 5, 2009. business day following the date we CORPORATION Federal Deposit Insurance Corporation. receive a request. Robert E. Feldman, Sunshine Act; Notice of Agency Executive Secretary. FOR FURTHER INFORMATION CONTACT: Meeting FDIC: Beverlea S. Gardner, Senior [FR Doc. E9–27141 Filed 11–6–09; 11:15 am] Examination Specialist, Division of Pursuant to the provisions of the BILLING CODE P Supervision and Consumer Protection, ‘‘Government in the Sunshine Act’’ (5 (202) 898–3640; or Mark G. Flanigan, U.S.C. 552b), notice is hereby given that Counsel, Legal Division, (202) 898– the Federal Deposit Insurance FEDERAL ELECTION COMMISSION 7426. Corporation’s Board of Directors will Sunshine Act Notices FRB: Barbara J. Bouchard, Associate meet in open session at 10 a.m. on Director, (202) 452–3072; or Craig A. Thursday, November 12, 2009, to consider the following matters: DATE AND TIME: Thursday, November 5, Luke, Supervisory Financial Analyst, 2009, at 10 a.m. Supervisory Guidance and Procedures, Summary Agenda: No substantive PLACE: 999 E Street, NW., Washington, 202–452–6409. For users of discussion of the following items is DC (Ninth Floor). Telecommunications Device for the Deaf anticipated. These matters will be (‘‘TDD’’) only, contact (202) 263–4869. resolved with a single vote unless a STATUS: This meeting will be open to the member of the Board of Directors public. OCC: Fred D. Finke, Liaison, Midsize- requests that an item be moved to the TO BE DISCUSSED ITEMS: Correction and Community Bank Supervision, (202) discussion agenda. 874–4468; or Kurt S. Wilhelm, Director, Approval of Minutes. Disposition of minutes of previous Draft Advisory Opinion 2009–25: Financial Markets Group, (202) 874– Board of Directors’ Meetings. 4479. Jennifer Brunner Committee, by Patrick Summary reports, status reports, and M. Quinn, Esq. OTS: Lori J. Quigley, Managing reports of actions taken pursuant to Draft Advisory Opinion 2009–26: Director, Supervision, (202) 906–6265; authority delegated by the Board of Illinois State Representative Elizabeth or William J. Magrini, Senior Project Directors. Coulson, Coulson for Congress, and Manager of Credit Policy, (202) 906– Memorandum and resolution re: Final Coulson Campaign Committee, by 5744. Rule on Capital Maintenance: William J. McGinley and Kathryn Biter Residential Mortgage Loans Modified SUPPLEMENTARY INFORMATION: On Chen, Esqs. Pursuant to the Making Home Final Rules on Campaign Travel. September 25, 2009, the Agencies Affordable Program of the U.S. published for comment proposed Placing First General Counsel’s Department of Treasury. Reports on the Public Record. guidance entitled ‘‘Correspondent Discussion Agenda: Concentration Risks’’ (Proposed Continuation of Web site and Internet Memorandum and resolution re: Final Communications Improvement Guidance) 74 FR 48955. The Proposed Rule on Prepaid Assessments. Guidance stated that any comments on Initiative. Memorandum and resolution re: Management and Administrative the proposal must be submitted on or Rulemaking on Treatment by the FDIC before October 26, 2009. In response to Matters. as Conservator Or Receiver of Financial Individuals who plan to attend and requests for an extension of the Assets Transferred by an Insured comment period, the Agencies have require special assistance, such as sign Depository Institution in Connection language interpretation or other decided to reopen the comment period with a Securitization. on the Proposed Guidance for 30 days. reasonable accommodations, should Memorandum and resolution re: Joint contact Mary Dove, Commission The comment period will now run Final Rule Implementing SAFE through November 27, 2009. Secretary, at (202) 694–1040, at least 72 Mortgage Licensing Act Requirements. hours prior to the hearing date. Dated at Washington, DC, the 2nd day of The meeting will be held in the Board PERSON TO CONTACT FOR INFORMATION: November, 2009. Room on the sixth floor of the FDIC Judith Ingram, Press Officer, Telephone: By order of the Federal Deposit Insurance Building located at 550 17th Street, Corporation. NW., Washington, DC. (202) 694–1220, Robert E. Feldman, This Board meeting will be Webcast Mary W. Dove, Executive Secretary. live via the Internet and subsequently Secretary of the Commission. By order of the Board of Governors of the made available on-demand [FR Doc. E9–26904 Filed 11–9–09; 8:45 am] approximately one week after the event. Federal Reserve System, acting through the BILLING CODE 6715–01–M Secretary of the Board under delegated Visit http://www.vodium.com/goto/fdic/ authority, October 30, 2009. boardmeetings.asp to view the event. If you need any technical assistance, Robert deV. Frierson, FEDERAL RESERVE SYSTEM Deputy Secretary of the Board. please visit our Video Help page at: Dated: October. 27, 2009. http://www.fdic.gov/video.html. Formations of, Acquisitions by, and The FDIC will provide attendees with Office of the Comptroller of the Currency. Mergers of Bank Holding Companies auxiliary aids (e.g., sign language John C. Dugan, interpretation) required for this meeting. The companies listed in this notice Comptroller of the Currency. Those attendees needing such assistance have applied to the Board for approval, Dated: October 28, 2009. should call (703) 562–6067 (Voice or pursuant to the Bank Holding Company By the Office of Thrift Supervision. TTY), to make necessary arrangements. Act of 1956 (12 U.S.C. 1841 et seq.) John E. Bowman, Requests for further information (BHC Act), Regulation Y (12 CFR Part Acting Director. concerning the meeting may be directed 225), and all other applicable statutes [FR Doc. E9–27069 Filed 11–9–09; 8:45 am] to Mr. Robert E. Feldman, Executive and regulations to become a bank BILLING CODE 6714–01–P, 6210–01–P, 4810–33–P, Secretary of the Corporation, at (202) holding company and/or to acquire the 6720–01–P 898–7043. assets or the ownership of, control of, or
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the power to vote shares of a bank or owned by the bank holding company, a. Monthly Participant Activity bank holding company and all of the including the companies listed below. Report. banks and nonbanking companies The applications listed below, as well b. Monthly Investment Performance owned by the bank holding company, as other related filings required by the Report. including the companies listed below. Board, are available for immediate c. Legislative Report. inspection at the Federal Reserve Bank The applications listed below, as well Parts Closed to the Public as other related filings required by the indicated. The applications also will be Board, are available for immediate available for inspection at the offices of 3. Proprietary Information. inspection at the Federal Reserve Bank the Board of Governors. Interested 4. Personnel. indicated. The applications also will be persons may express their views in CONTACT PERSON FOR MORE INFORMATION: available for inspection at the offices of writing on the standards enumerated in Thomas J. Trabucco, Director, Office of the Board of Governors. Interested the BHC Act (12 U.S.C. 1842(c)). If the External Affairs, (202) 942–1640. proposal also involves the acquisition of persons may express their views in Dated: November 5, 2009. a nonbanking company, the review also writing on the standards enumerated in Thomas K. Emswiler, the BHC Act (12 U.S.C. 1842(c)). If the includes whether the acquisition of the nonbanking company complies with the Secretary, Federal Retirement Thrift proposal also involves the acquisition of Investment Board. a nonbanking company, the review also standards in section 4 of the BHC Act [FR Doc. E9–27108 Filed 11–6–09; 11:15 am] includes whether the acquisition of the (12 U.S.C. 1843). Unless otherwise nonbanking company complies with the noted, nonbanking activities will be BILLING CODE 6760–01–P standards in section 4 of the BHC Act conducted throughout the United States. (12 U.S.C. 1843). Unless otherwise Additional information on all bank noted, nonbanking activities will be holding companies may be obtained FEDERAL TRADE COMMISSION conducted throughout the United States. from the National Information Center [File No. 091 0075] Additional information on all bank website at www.ffiec.gov/nic/. holding companies may be obtained Unless otherwise noted, comments Schering-Plough and Merck & Co., from the National Information Center regarding each of these applications Inc.; Analysis of Agreement Containing website at www.ffiec.gov/nic/. must be received at the Reserve Bank Consent Order to Aid Public Comment Unless otherwise noted, comments indicated or the offices of the Board of AGENCY: Federal Trade Commission. regarding each of these applications Governors not later than December 7, must be received at the Reserve Bank 2009. ACTION: Proposed Consent Agreement. indicated or the offices of the Board of A. Federal Reserve Bank of Atlanta SUMMARY: The consent agreement in this Governors not later than December 4, (Steve Foley, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia matter settles alleged violations of 2009. federal law prohibiting unfair or A. Federal Reserve Bank of Chicago 30309: 1. Community Bancorp of Louisiana, deceptive acts or practices or unfair (Colette A. Fried, Assistant Vice Inc., Raceland, Louisiana; to merge with methods of competition. The attached President) 230 South LaSalle Street, United Community Bancshares, Inc., Analysis to Aid Public Comment Chicago, Illinois 60690–1414: and thereby indirectly acquire United describes both the allegations in the 1. EB Financial Group, Inc., Hinsdale, Community Bank, both of Gonzales, complaint and the terms of the consent Illinois; to become a bank holding Louisiana. order — embodied in the consent company by acquiring 100 percent of agreement — that would settle these Board of Governors of the Federal Reserve the voting shares of Baytree National allegations. Bank & Trust Company, Lake Forest, System, November 5, 2009. Illinois. Robert deV. Frierson, DATES: Comments must be received on Deputy Secretary of the Board. or before November 30, 2009. Board of Governors of the Federal Reserve System, November 4, 2009. [FR Doc. E9–26993 Filed 11–9–09; 8:45 am] ADDRESSES: Interested parties are Robert deV. Frierson, BILLING CODE 6210–01–S invited to submit written comments electronically or in paper form. Deputy Secretary of the Board. Comments should refer to ‘‘Merck [FR Doc. E9–26942 Filed 11–9–09; 8:45 am] FEDERAL RETIREMENT THRIFT Schering, File No. 091 0075’’ to BILLING CODE 6210–01–S INVESTMENT BOARD facilitate the organization of comments. Please note that your comment — Sunshine Act; Notice of Meeting including your name and your state — FEDERAL RESERVE SYSTEM will be placed on the public record of TIME AND DATE: 9 a.m. (Eastern Time), Formations of, Acquisitions by, and this proceeding, including on the November 16, 2009. Mergers of Bank Holding Companies publicly accessible FTC website, at PLACE: 4th Floor Conference Room, (http://www.ftc.gov/os/ The companies listed in this notice 1250 H Street, NW., Washington, DC publiccomments.shtm). have applied to the Board for approval, 20005. Because comments will be made pursuant to the Bank Holding Company STATUS: Parts will be open to the public public, they should not include any Act of 1956 (12 U.S.C. 1841 et seq.) and parts closed to the public. sensitive personal information, such as (BHC Act), Regulation Y (12 CFR Part MATTERS TO BE CONSIDERED: an individual’s Social Security Number; 225), and all other applicable statutes date of birth; driver’s license number or and regulations to become a bank Parts Open to the Public other state identification number, or holding company and/or to acquire the 1. Approval of the minutes of the foreign country equivalent; passport assets or the ownership of, control of, or October 19, 2009 Board member number; financial account number; or the power to vote shares of a bank or meeting. credit or debit card number. Comments bank holding company and all of the 2. Thrift Savings Plan activity report also should not include any sensitive banks and nonbanking companies by the Executive Director: health information, such as medical
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records or other individually appropriate. The Commission will Complaint and the Decision and Order identifiable health information. In consider all timely and responsive (‘‘Order’’) contained in the Consent addition, comments should not include public comments that it receives, Agreement. The Order seeks to remedy any ‘‘[t]rade secret or any commercial or whether filed in paper or electronic the anticompetitive effects that would financial information which is obtained form. Comments received will be otherwise result from the proposed from any person and which is privileged available to the public on the FTC merger of Schering-Plough and Merck in or confidential. . . .,’’ as provided in website, to the extent practicable, at a number of U.S. markets. Under the Section 6(f) of the FTC Act, 15 U.S.C. (http://www.ftc.gov/os/ terms of the Order, Merck is required to 46(f), and Commission Rule 4.10(a)(2), publiccomments.shtm). As a matter of divest all of its interest in Merial 16 CFR 4.10(a)(2). Comments containing discretion, the Commission makes every Limited, an animal health joint venture material for which confidential effort to remove home contact with Sanofi-Aventis S.A. (‘‘Sanofi- treatment is requested must be filed in information for individuals from the Aventis’’), and Schering-Plough is paper form, must be clearly labeled public comments it receives before required to divest assets related to ‘‘Confidential,’’ and must comply with placing those comments on the FTC rolapitant, a neurokinin 1 (‘‘NK1’’) FTC Rule 4.9(c).1 website. More information, including receptor antagonist for chemotherapy- Because paper mail addressed to the routine uses permitted by the Privacy induced nausea and vomiting (‘‘CINV’’) FTC is subject to delay due to Act, may be found in the FTC’s privacy and post-operative nausea and vomiting heightened security screening, please policy, at (http://www.ftc.gov/ftc/ (‘‘PONV’’) in humans. consider submitting your comments in privacy.shtm). Pursuant to an Agreement and Plan of electronic form. Comments filed in FOR FURTHER INFORMATION CONTACT: Merger dated March 8, 2009, Schering- electronic form should be submitted by Yolanda M. Gruendel, Bureau of Plough proposes to acquire Merck and using the following weblink: (https:// Competition, 600 Pennsylvania Avenue, rename the surviving entity Merck (the public.commentworks.com/ftc/0910075) NW, Washington, D.C. 20580, (202) 326- ‘‘Acquisition’’), in a transaction valued (and following the instructions on the 2971. at approximately $41.1 billion. The Commission’s Complaint alleges that web-based form). To ensure that the SUPPLEMENTARY INFORMATION: Pursuant the proposed Acquisition, if Commission considers an electronic to section 6(f) of the Federal Trade consummated, would violate Section 7 comment, you must file it on the web- Commission Act, 38 Stat. 721, 15 U.S.C. of the Clayton Act, as amended, 15 based form at the (https:// 46(f), and § 2.34 the Commission Rules U.S.C. § 18, and Section 5 of the Federal public.commentworks.com/ftc/ of Practice, 16 CFR 2.34, notice is Trade Commission Act, as amended, 15 0910075). If this Notice appears at hereby given that the above-captioned U.S.C. § 45, by lessening competition in (http://www.regulations.gov/search/ consent agreement containing a consent the market for the manufacture and sale index.jsp), you may also file an order to cease and desist, having been of NK1 receptor antagonists for CINV electronic comment through that filed with and accepted, subject to final and PONV in humans and the website. The Commission will consider approval, by the Commission, has been manufacture and sale of numerous all comments that regulations.gov placed on the public record for a period animal health products in the United forwards to it. You may also visit the of thirty (30) days. The following States, including live poultry vaccines, FTC website at (http://www.ftc.gov) to Analysis to Aid Public Comment read the Notice and the news release killed poultry vaccines and cattle describes the terms of the consent gonadotropins. The Consent Agreement describing it. agreement, and the allegations in the A comment filed in paper form would remedy the alleged violations by complaint. An electronic copy of the replacing the competition that would be should include the ‘‘Merck Schering, full text of the consent agreement File No. 091 0075’’ reference both in the lost in these and other markets as a package can be obtained from the FTC result of the proposed Acquisition. text and on the envelope, and should be Home Page (for October 29, 2009), on mailed or delivered to the following the World Wide Web, at (http:// II. The Parties address: Federal Trade Commission, www.ftc.gov/os/2009/04/index.htm). A Merck is a global pharmaceutical firm Office of the Secretary, Room H-135, paper copy can be obtained from the that researches, develops, manufactures 600 Pennsylvania Avenue, NW, FTC Public Reference Room, Room 130- and markets a variety of human and Washington, DC 20580. The FTC is H, 600 Pennsylvania Avenue, NW, animal health products. In 2008, Merck requesting that any comment filed in Washington, D.C. 20580, either in had worldwide revenues of $23.9 paper form be sent by courier or person or by calling (202) 326-2222. billion, of which 56 percent were overnight service, if possible, because Public comments are invited, and may derived from U.S. sales. In 1997, Merck U.S. postal mail in the Washington area be filed with the Commission in either and Rhoˆne-Poulenc S.A. (now Sanofi- and at the Commission is subject to paper or electronic form. All comments Aventis S.A.) combined their respective delay due to heightened security should be filed as prescribed in the animal health businesses to form Merial precautions. ADDRESSES section above, and must be Limited, a stand-alone equally-owned The Federal Trade Commission Act received on or before the date specified animal health company. Merial markets (‘‘FTC Act’’) and other laws the in the DATES section. a comprehensive line of animal health Commission administers permit the pharmaceuticals and vaccines for a collection of public comments to Analysis of Agreement Containing Consent Order to Aid Public Comment variety of species, including companion consider and use in this proceeding as and production animals. The joint I. Introduction venture generated global revenues of 1FTC Rule 4.2(d), 16 CFR 4.2(d). The comment must be accompanied by an explicit request for The Federal Trade Commission approximately $2.6 billion in 2008. confidential treatment, including the factual and (‘‘Commission’’) has accepted for public Schering-Plough is a global legal basis for the request, and must identify the comment an Agreement Containing pharmaceutical firm that researches, specific portions of the comment to be withheld Consent Order (‘‘Consent Agreement’’) develops, manufactures and markets from the public record. The request will be granted or denied by the Commission’s General Counsel, from Schering-Plough Corporation human prescription and over-the- consistent with applicable law and the public (‘‘Schering-Plough’’) and Merck & Co., counter medications, as well as animal interest. See FTC Rule 4.9(c), 16 CFR 4.9(c). Inc. (‘‘Merck’’), and has issued a health products. In 2008, the company
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reported worldwide revenues of uro-genital tract. Because infection can absent a remedy, customers would approximately $18.5 billion, of which result in drops in egg production, it is likely pay higher prices for these drugs. only $5.6 billion were derived from a particularly significant problem for The Commission’s Complaint sales of products in the United States. layers and breeders. specifically identifies those markets that The company’s human pharmaceutical In addition to these commonly used the Commission concluded would be business, which includes oncology and vaccines, there are a number of other adversely impacted by the transaction. women’s health drugs, ranks sixteenth vaccines that are used in poultry The transaction likely affects in sales in North America. In April operations to a lesser degree that would competition in numerous other existing 2007, Schering-Plough acquired the be affected by the proposed transaction. and future animal health product Intervet animal health business. The These include vaccines for infectious markets, but the Commission did not combined Schering-Plough/Intervet bursal disease, reovirus, infectious reach a conclusion with respect to these animal health portfolio consists of more laryngotracheitis, coccidiosis, fowl pox, markets as the comprehensive than a thousand pharmaceuticals and avian encephalomyelitis, and infectious settlement addressed any potential vaccines for a variety of companion and tenosynovitis. Even though they are not competitive concerns in these areas. production animals. Schering-Plough’s used as universally as the core vaccines, IV. NK1 Receptor Antagonists animal health business generates these more minor vaccines play an The proposed Acquisition raises worldwide annual revenues of important role in many poultry competitive concerns in the market for approximately $3 billion. operations, as an outbreak of the disease NK1 receptor antagonists for CINV and can have equally disastrous economic III. Animal Health Products PONV. CINV is a common side effect of consequences for poultry producers. chemotherapy that can last up to six or Merck and Schering-Plough are two of Because of the unique characteristics of seven days after treatment. The most the leading animal health suppliers in live and killed versions of poultry the United States, and the proposed widely prescribed class of drugs used to vaccines, they are not considered Acquisition raises significant treat CINV is the 5-HT3 receptor substitutes for each other. competitive concerns in numerous U.S. antagonist class. For some patients, animal health markets where Merck, The anticompetitive implications of particularly those who receive highly through Merial Limited, and Schering- eliminating one of the two leading emetogenic chemotherapy regimes, Plough compete directly. Both suppliers of poultry vaccines in the treatment with 5-HT3 receptor companies have extensive animal health United States are significant. Poultry antagonists alone may not fully relieve portfolios that include pharmaceutical producers have benefitted from direct CINV. For these patients, NK1 receptor and vaccine products for a variety of competition between Merial and antagonists in combination with 5-HT3 companion and production animals. Schering-Plough, which has resulted in, receptor antagonists appear to provide The Commission initially focused its among other things, steeper discounts effective relief. Likewise, NK1 receptor animal health investigation on certain and lower prices for customers. The antagonists in combination with 5-HT3 overlap markets in poultry and cattle remaining three market participants are receptor antagonists can also benefit that raised significant competitive smaller than either Merial or Schering- patients with PONV. concerns. In the United States, for Plough, and do not have the capacity Merck introduced the first NK1 example, Merial and Schering-Plough that either of these firms currently receptor antagonist, Emend® are the two largest producers of poultry enjoys. As a result, these other firms (aprepitant), in 2003, and remains the vaccines, and together they account for would not be able to replace the only firm in the United States with an approximately 75 percent of U.S. sales competition that the proposed approved drug in the class. A very of poultry vaccines. Poultry vaccines are Acquisition would eliminate. In limited number of other firms, including used extensively by poultry producers addition, because of research, Schering-Plough with its rolapitant, to prevent a variety of diseases that can development and regulatory barriers, have NK1 receptor antagonists in either kill poultry or impede their entry sufficient to deter or counteract development for CINV and PONV. At growth or development. the competitive effects of the proposed the time the proposed Acquisition was For example, poultry producers transaction is unlikely to occur within announced, Schering-Plough was in the routinely vaccinate their flocks for two years. process of out-licensing rolapitant to a Marek’s disease, Newcastle disease and The proposed transaction is also third party. The proposed Acquisition, infectious bronchitis, the most common likely to result in anticompetitive harm however, would likely diminish the diseases affecting poultry in the United in the market for cattle gonadotropins. combined firm’s incentive to license the States. Marek’s disease is caused by a These products are used to treat product, as rolapitant’s launch could herpes virus that affects the central follicular cysts in cattle and to have a significant impact on the nervous system and can cause lesions synchronize the reproductive cycles of revenues for Merck’s first-to-market on internal organs and feather follicles. cattle undergoing artificial product. The proposed Acquisition When an outbreak occurs, Marek’s insemination. Although there are other could therefore delay or eliminate a disease can be deadly, and it is often reproductive products on the market, future entrant into the U.S. market for necessary to condemn the entire flock. these other products are used in NK1 receptor antagonists for CINV and Newcastle disease is a highly contagious combination with, and not as substitutes PONV and any benefits associated with virus characterized by gastro-intestinal, for, cattle gonadotropins in order to that additional competition. respiratory and nervous signs. Because achieve reproductive synchronization. it is easily transmitted and can cause The combination of Merial and V. Terms of the Order significant damage to poultry Schering-Plough would result in a The Order issued by the Commission operations, vaccines against Newcastle duopoly in the market for cattle effectively remedies the proposed are widely administered by poultry gonadotropins leaving only Wyeth to Acquisition’s likely anticompetitive producers. A third poultry disease that compete with the combined firm. Thus, effects in the human and animal health is commonly vaccinated against is the proposed merger would eliminate a markets at issue. The Order requires infectious bronchitis, which targets not significant competitor in the U.S. Merck to divest all of its interest in only the respiratory tract but also the market for cattle gonadotropins, and Merial Limited to its joint venture
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partner, Sanofi-Aventis, and requires businesses of Merck and Sanofi-Aventis procedures in August 1999 to allow for Schering-Plough to divest all of the without the prior approval of the immediate implementation of an Order assets relating to its NK1 receptor Commission. prior to a public comment period. The antagonist for CINV and PONV, On the human health side, the Commission announced that it rolapitant, to Opko Health, Inc. Commission is satisfied that divestiture ‘‘contemplates doing so only in (‘‘Opko’’), within ten (10) days after the of the assets relating to Schering- exceptional cases where, for example, it proposed Acquisition is consummated. Plough’s NK1 receptor antagonist for believes that the allegedly unlawful In mid-September, Merck completed the CINV and PONV would remedy the conduct to be prohibited threatens competitive concerns raised by the sale of its interest in Merial to Sanofi- substantial and imminent public harm.’’ proposed transaction in that market. Aventis and terminated the Merial joint 64 Fed. Reg. 46267 (1999). venture in response to the competitive The Commission is satisfied that Opko concerns raised by the proposed is a well-qualified acquirer of the This case is an appropriate one in Acquisition as required by the Order. rolapitant assets. Opko, headquartered which to issue a final order before The Commission is satisfied that the in Florida, is a publicly traded receiving public comment because of divestiture of Merck’s interest in Merial healthcare company involved in the the risk that Sanofi-Aventis will to Sanofi-Aventis remedies any and all discovery, development and exercise the Call Option shortly after the competitive concerns raised by the commercialization of pharmaceutical proposed Acquisition is consummated, combination of the parties’ animal and biological products. Opko has the which would reverse the animal health health businesses. Because Merck has financial resources and experience to remedy of the Consent Agreement. no animal health operations outside of develop and launch rolapitant, and to Making the Order final immediately Merial, the divestiture of Merck’s serve as an effective competitor in the ensures that the safeguards embodied in interest in Merial and termination of the market for NK1 receptor antagonists for the Order are implemented before the Merial joint venture effectively CINV and PONV in the United States. If Call Option can be exercised and eliminates all of the animal health the Commission determines that Opko subjects the respondents to civil overlaps created by the proposed is not an acceptable acquirer of the penalties for failing to comply with the Acquisition. The Commission is also assets to be divested, or that the manner satisfied that Sanofi-Aventis is a well- of the divestitures is not acceptable, the Order. qualified acquirer of Merck’s interest in parties must unwind the sale and divest The Consent Agreement and Order Merial. Sanofi-Aventis already owned the assets to another Commission- have also been placed on the public 50 percent of Merial, as Merck’s joint approved acquirer within six months of record for 30 days to solicit comments venture partner, and Merial has been the date the Order becomes final. If from interested persons. Comments operating as a stand-alone business for Merck fails to divest within the six received during this period will become quite some time. Merial’s operations, months, the Commission may appoint a part of the public record. After 30 days, therefore, would continue without trustee to divest the relevant assets. the Commission will again review the interruption despite the change in The Order includes certain provisions Order and the comments received, and ownership. to ensure that the divestiture to Opko is may determine that the Order should be The Order contains several provisions successful. For example, the parties are modified.2 designed to preserve the remedial required to provide transitional services, benefits of the animal health divestiture some of which may extend for up to 24 The Commission anticipates that the to Sanofi-Aventis, most important of months, to enable Opko to complete Order, as issued, will resolve the which is the ‘‘prior approval’’ provision. clinical testing and obtain regulatory competitive problems alleged in the At the time the parties entered into an approval to market the product in the Complaint. The purpose of this analysis agreement to divest Merck’s shares in United States. The Order also allows the is to facilitate public comment on the Merial to Sanofi-Aventis, they also Commission to appoint an Interim Order and to aid the Commission in entered into a call option agreement Monitor to ensure that the parties fulfill determining whether to modify the (‘‘Call Option’’) granting Sanofi-Aventis all of their obligations related to the Order in any respect. This analysis is the right to combine the animal health divestiture of the assets. not intended to constitute an official businesses of Merial and Schering- In order to ensure, among other interpretation of the Consent Agreement Plough after the Acquisition is things, that the Commission remains or the Order or to modify their terms in consummated and to recreate the 50/50 informed about the status of the any way. joint venture between Merck and rolapitant assets pending divestiture Sanofi-Aventis. The effect of the Call and about the efforts being made to By direction of the Commission, with Option, if exercised, would be to reverse accomplish the divestiture, as well as Commissioners Harbour and Kovacic the animal health remedy required by the divestiture of Merck’s interest in recused. the Order. Consistent with Commission Merial and termination of the joint Donald S. Clark policy, the Order contains a prior venture, the Order requires the parties Secretary. approval provision to address the to file periodic reports with the credible risk (here, the high likelihood) Commission until the divestiture is [FR Doc. E9–27034 Filed 11–9–09; 8:45 am] that the combined Merck/Schering- accomplished. BILLING CODE 6750–01–S Plough and Sanofi-Aventis would combine their animal health businesses VI. Effective Date of the Order and after the divestiture. The call option was Opportunity for Public Comment entered into with the expectation that it The Commission issued the 2If the respondents do not agree to such is likely to be exercised, and the firms Complaint and the Order, and served modifications, the Commission may (1) initiate a have publicly identified the advantages them upon respondents at the same time proceeding to reopen and modify the Order in accordance with Rule 3.72(b), 16 CFR § 3.72(b), or of such a combination. As a result, it accepted the Consent Agreement for (2) commence a new administrative proceeding by Merck is prohibited from acquiring any public comment. As a result of this issuing an administrative complaint in accordance of Merial’s animal health assets, or in action, the Order has already become with Rule 3.11, 16 CFR § 3.11. See 16 CFR § any way combining the animal health effective. The Commission adopted 2.34(e)(2).
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DEPARTMENT OF HEALTH AND exchange and use of health information Sparrow at least seven (7) days in HUMAN SERVICES for purposes of adoption, consistent advance of the meeting. with the implementation of the Federal ONC is committed to the orderly Office of the Secretary Health IT Strategic Plan, and in conduct of its advisory committee accordance with policies developed by meetings. Please visit our Web site at Notice of Interest Rate on Overdue the HIT Policy Committee. http://healthit.hhs.gov for procedures Debts Date and Time: The meeting will be on public conduct during advisory Section 30.18 of the Department of held on November 19, 2009, from 9 a.m. committee meetings. Health and Human Services’ claims to 5:15 p.m. Eastern Time. Notice of this meeting is given under collection regulations (45 CFR part 30) Location: The Holiday Inn-Capitol, the Federal Advisory Committee Act provides that the Secretary shall charge 550 C Street, SW., Washington, DC (Pub. L. 92–463, 5 U.S.C., App. 2). an annual rate of interest, which is 20008. The hotel telephone number is Dated: October 30, 2009. determined and fixed by the Secretary 202–479–4000. Contact Person: Judy Sparrow, Office Judith Sparrow, of the Treasury after considering private Office of Programs and Coordination, Office consumer rates of interest on the date of the National Coordinator, HHS, 330 C Street, SW., Washington, DC 20201, of the National Coordinator for Health that the Department of Health and Information Technology. 202–205–4528, Fax: 202–690–6079, e- Human Services becomes entitled to [FR Doc. E9–26981 Filed 11–9–09; 8:45 am] recovery. The rate cannot be lower than mail: [email protected]. Please call the contact person for up-to-date BILLING CODE 4150–45–P the Department of Treasury’s current information on this meeting. A notice in value of funds rate or the applicable rate the Federal Register about last minute determined from the ‘‘Schedule of DEPARTMENT OF HEALTH AND modifications that impact a previously Certified Interest Rates with Range of HUMAN SERVICES announced advisory committee meeting Maturities.’’ The Secretary of the cannot always be published quickly Treasury may revise this rate quarterly. National Committee on Vital and Health enough to provide timely notice. Statistics: Meeting The Department of Health and Human Agenda: The Committee will discuss Services publishes this rate in the a report from its Implementation Pursuant to the Federal Advisory Federal Register. Workgroup. In addition, to inform the Committee Act, the Department of The current rate of 10 7⁄8%, as fixed Committee they will hear testimony Health and Human Services (HHS) by the Secretary of the Treasury, is from stakeholder groups on security announces the following advisory certified for the quarter ended standards. ONC intends to make committee meeting. September 30, 2009. This interest rate is background material available to the effective until the Secretary of the Name: National Committee on Vital and public no later than two (2) business Treasury notifies the Department of Health Statistics (NCVHS), Full Committee days prior to the meeting. If ONC is Meeting. Health and Human Services of any unable to post the background material Time and Date: change. on its Web site prior to the meeting, it November 19, 2009 9 a.m.–3:30 p.m. Dated: October 30, 2009. will be made publicly available at the November 20, 2009 9:30 a.m.–12:30 p.m. Molly P. Dawson, location of the advisory committee Place: National Center for Health Statistics, 3311 Toledo Road, Hyattsville, MD 20782, Director, Office of Financial Policy and meeting, and the background material Telephone: 301 458–4200. Reporting. will be posted on ONC’s Web site after Status: Open. [FR Doc. E9–27022 Filed 11–9–09; 8:45 am] the meeting, at http://healthit.hhs.gov. Purpose: At this meeting the Committee BILLING CODE 4150–04–P Procedure: Interested persons may will hear presentations and hold discussions present data, information, or views, on several health data policy topics. On the orally or in writing, on issues pending morning of the first day, the Committee will DEPARTMENT OF HEALTH AND before the committee. Written hear updates from the Department, the HHS HUMAN SERVICES submissions may be made to the contact Data Council, and the Centers for Medicare person on or before November 16, 2009. and Medicaid Services. A discussion of the Office of the National Coordinator for Meaningful Measures letter action item led Oral comments from the public will be by the Quality Subcommittee will also take Health Information Technology; HIT scheduled between approximately 4:30 Standards Committee Advisory place. There will also be a briefing on the and 5 p.m. Time allotted for each Department’s work on comparative Meeting; Notice of Meeting presentation will be limited. If the effectiveness research under the Recovery AGENCY: Office of the National number of speakers requesting to Act. In the afternoon, a discussion is Coordinator for Health Information comment is greater than can be scheduled regarding enhancing health information capacity in the 21st century. Technology, HHS. reasonably accommodated during the scheduled open public hearing session, On the morning of the second day, an ACTION: Notice of meeting. action item is scheduled on the Meaningful ONC will take written comments after Measures letter. Updates are planned from This notice announces a forthcoming the meeting until close of business. the Office of the National Coordinator (ONC) meeting of a public advisory committee Persons attending ONC’s advisory and the Office for Civil Rights (OCR), and a of the Office of the National Coordinator committee meetings are advised that the review of a draft of the biannual report to for Health Information Technology agency is not responsible for providing Congress on the implementation of the (ONC). The meeting will be open to the access to electrical outlets. Administrative Simplification Provisions of public. ONC welcomes the attendance of the HIPAA. Also scheduled are an update from Name of Committee: HIT Standards public at its advisory committee NCHS Board of Scientific Counselors and a Committee. meetings. Seating is limited at the status report regarding the NVCHS 60th General Function of the Committee: location, and ONC will make every Anniversary Symposium. The times shown above are for the full To provide recommendations to the effort to accommodate persons with Committee meeting. Subcommittee breakout National Coordinator on standards, physical disabilities or special needs. If sessions can be scheduled for late in the implementation specifications, and you require special accommodations afternoon of the first day and second day and certification criteria for the electronic due to a disability, please contact Judy in the morning prior to the full Committee
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meeting on the second day. Agendas for these guidance before it begins work on the ICH was organized to provide an breakout sessions will be posted on the final version of the guidance, submit opportunity for tripartite harmonization NCVHS Web site (URL below) when electronic or written comments on the initiatives to be developed with input available. draft guidance by January 11, 2010. from both regulatory and industry Contact Person for More Information: representatives. FDA also seeks input Substantive program information as well as ADDRESSES: Submit electronic summaries of meetings and a roster of comments on the draft guidance to from consumer representatives and committee members may be obtained from http://www.regulations.gov. Submit others. ICH is concerned with Marjorie S. Greenberg, Executive Secretary, written comments on the draft guidance harmonization of technical NCVHS, National Center for Health Statistics, to the Division of Dockets Management requirements for the registration of Centers for Disease Control and Prevention, (HFA–305), Food and Drug pharmaceutical products among three 3311 Toledo Road, Room 2402, Hyattsville, Administration, 5630 Fishers Lane, rm. regions: The European Union, Japan, Maryland 20782, telephone (301) 458–4245. 1061, Rockville, MD 20852. Submit and the United States. The six ICH Information also is available on the NCVHS sponsors are the European Commission; home page of the HHS Web site: http:// written requests for single copies of the draft guidance to the Division of Drug the European Federation of www.ncvhs.hhs.gov/, where further Pharmaceutical Industries Associations; information including an agenda will be Information, Center for Drug Evaluation posted when available. and Research, Food and Drug the Japanese Ministry of Health, Labour, Should you require reasonable Administration, 10903 New Hampshire and Welfare; the Japanese accommodation, please contact the CDC Ave., Bldg. 51, rm. 2201, Silver Spring, Pharmaceutical Manufacturers Office of Equal Employment Opportunity on MD 20993–0002; or the Office of Association; the Centers for Drug (301) 458–4EEO (4336) as soon as possible. Communication, Outreach and Evaluation and Research and Biologics Dated: November 2, 2009. Development (HFM–40), Center for Evaluation and Research, FDA; and the James Scanlon, Biologics Evaluation and Research Pharmaceutical Research and (CBER), Food and Drug Administration, Manufacturers of America. The ICH Deputy Assistant Secretary for Planning and Secretariat, which coordinates the Evaluation, Office of the Assistant Secretary 1401 Rockville Pike, Rockville, MD for Planning and Evaluation. 20852–1448. The guidance may also be preparation of documentation, is provided by the International [FR Doc. E9–27023 Filed 11–9–09; 8:45 am] obtained by mail by calling CBER at 1– Federation of Pharmaceutical BILLING CODE 4151–05–P 800–835–4709 or 301–827–1800. Send two self-addressed adhesive labels to Manufacturers Associations (IFPMA). The ICH Steering Committee includes assist the office in processing your representatives from each of the ICH DEPARTMENT OF HEALTH AND requests. See the SUPPLEMENTARY sponsors and the IFPMA, as well as HUMAN SERVICES INFORMATION section for electronic observers from the World Health access to the draft guidance document. Food and Drug Administration Organization, Health Canada, and the FOR FURTHER INFORMATION CONTACT: European Free Trade Area. [Docket No. FDA–2009–D–0528] Regarding the guidance: Nisha Jain, In September 2009, the ICH Steering Center for Biologics Evaluation and Committee agreed that a draft guidance International Conference on Research (HFM–392), Food and entitled ‘‘E7 Studies in Support of Harmonisation; Draft Guidance on E7 Drug Administration, 1401 Special Populations: Geriatrics; Studies in Support of Special Rockville Pike, Rockville, MD Questions & Answers’’ should be made Populations; Geriatrics; Questions and 20850, 301–827–6110; or Robert available for public comment. The draft Answers; Availability Temple, Center for Drug Evaluation guidance is the product of the E7(R1) and Research, Food and Drug Implementation Working Group of the AGENCY: Food and Drug Administration, Administration, 10903 New HHS. ICH. Comments about this draft will be Hampshire Ave., Bldg. 22, rm. 4212, considered by FDA and the E7(R1) ACTION: Notice. 301–796–2270. Implementation Working Group. Regarding the ICH: Michelle Limoli, The draft Q&A guidance addresses the SUMMARY: The Food and Drug Office of International Programs representation of geriatric patients in Administration (FDA) is announcing the (HFG–1), Food and Drug the clinical database, including special availability of a draft guidance entitled Administration, 5600 Fishers Lane, characteristics of the geriatric patient ‘‘E7 Studies in Support of Special Rockville, MD 20857, 301–827– population. In view of the growing Populations: Geriatrics; Questions & 4480. geriatric population (elderly and very Answers.’’ The draft guidance was elderly, i.e., over 75 years of age) and prepared under the auspices of the SUPPLEMENTARY INFORMATION: the recent advances in the field of International Conference on I. Background geriatrics since the ICH E7 guidance Harmonisation of Technical In recent years, many important issued (59 FR 39398, August 2, 1994), Requirements for Registration of initiatives have been undertaken by the importance of geriatric data Pharmaceuticals for Human Use (ICH). regulatory authorities and industry (including data for the very elderly) in The draft questions and answers (Q&A) associations to promote international a drug evaluation program has guidance addresses the representation of harmonization of regulatory increased. The Q&As are intended to geriatric patients in the clinical requirements. FDA has participated in provide guidance on this issue. database, including representation of many meetings designed to enhance This draft guidance is being issued special characteristics of the geriatric harmonization and is committed to consistent with FDA’s good guidance patient population. The Q&As are seeking scientifically based harmonized practices regulation (21 CFR 10.115). intended to provide guidance on this technical procedures for pharmaceutical The draft guidance, when finalized, will issue. development. One of the goals of represent the agency’s current thinking DATES: Although you can comment on harmonization is to identify and then on this topic. It does not create or confer any guidance at any time (see 21 CFR reduce differences in technical any rights for or on any person and does 10.115(g)(5)), to ensure that the agency requirements for drug development not operate to bind FDA or the public. considers your comment on this draft among regulatory agencies. An alternative approach may be used if
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such approach satisfies the Research Dissertation, Panel B, FOA PAR07– DEPARTMENT OF HEALTH AND requirements of the applicable statutes 231.’’ HUMAN SERVICES and regulations. Contact Person for More Information: Susan B. Stanton, D.D.S., Scientific Review National Institutes of Health II. Comments Administrator, CDC, 1600 Clifton Road, NE., National Institute of General Medical Interested persons may submit to the Mailstop D72, Atlanta, GA 30333, Telephone Sciences; Notice of Closed Meeting Division of Dockets Management (see (404) 639–4640. ADDRESSES) electronic or written The Director, Management Analysis and Pursuant to section 10(d) of the comments on the draft guidance. Submit Services Office, has been delegated the Federal Advisory Committee Act, as a single copy of electronic comments or authority to sign Federal Register notices amended (5 U.S.C. App.), notice is pertaining to announcements of meetings and two paper copies of any mailed hereby given of the following meeting. comments, except that individuals may other committee management activities, for The meeting will be closed to the submit one paper copy. Comments are both CDC and the Agency for Toxic public in accordance with the to be identified with the docket number Substances and Disease Registry. provisions set forth in sections found in brackets in the heading of this Dated: November 2, 2009. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., document. Received comments may be Elaine L. Baker, as amended. The grant applications and seen in the Division of Dockets Director, Management Analysis and Services the discussions could disclose Management between 9 a.m. and 4 p.m., Office, Centers for Disease Control and confidential trade secrets or commercial Monday through Friday. Prevention. property such as patentable material, and personal information concerning III. Electronic Access [FR Doc. E9–27038 Filed 11–9–09; 8:45 am] individuals associated with the grant BILLING CODE 4163–18–P Persons with access to the Internet applications, the disclosure of which may obtain the document at http:// would constitute a clearly unwarranted www.regulations.gov, http:// DEPARTMENT OF HEALTH AND invasion of personal privacy. www.fda.gov/Drugs/Guidance HUMAN SERVICES Name of Committee: National Institute of ComplianceRegulatoryInformation/ General Medical Sciences, Special Emphasis Guidances/default.htm, or http:// National Institutes of Health Panel, Phase II Clinical Trial in Septic Shock. www.fda.gov/BiologicsBloodVaccines/ Date: December 4, 2009. GuidanceComplianceRegulatory Office of the Director, National Time: 1 p.m. to 5 p.m. Information/Guidances/default.htm. Institutes of Health; Amended Notice Agenda: To review and evaluate grant applications. Dated: November 5, 2009. of Meeting Place: National Institutes of Health, David Horowitz, Natcher Building, Room 3AN34, 45 Center Notice is hereby given of a change in Assistant Commissioner for Policy. Drive, Bethesda, MD 20892 (Telephone the meeting of the NIH Scientific Conference Call). [FR Doc. E9–27000 Filed 11–9–09; 8:45 am] Management Review Board, November Contact Person: Brian R. Pike, PhD, BILLING CODE 4160–01–S 12, 2009, 1 p.m. to November 13, 2009, Scientific Review Officer, Office of Scientific 12 p.m., National Institutes of Health, Review, National Institute of General Medical Sciences, National Institutes of Health, 45 DEPARTMENT OF HEALTH AND Building 31, 6th Floor, Conference Center Drive, Room 3AN18, Bethesda, MD HUMAN SERVICES Room 6, 31 Center Drive, Bethesda, MD 20892, 301–594–3907, [email protected]. 20892 which was published in the (Catalogue of Federal Domestic Assistance Centers for Disease Control and Federal Register on October 22, 2009, Program Nos. 93.375, Minority Biomedical Prevention 74 FR 54583–54584. Research Support; 93821, Cell Biology and Biophysics Research; 93.859, Pharmacology, Disease, Disability, and Injury The notice is being amended to Physiology, and Biological Chemistry Prevention and Control Special change the meeting date to November Research; 93.862, Genetics and Emphasis Panel (SEP): CDC Grants for 13, 2009 from 8:30 a.m. to 3 p.m. Sign Developmental Biology Research; 93.88, Public Health Research Dissertation up for public comment will begin at 8 Minority Access to Research Careers; 93.96, (Panel B), Funding Opportunity a.m. Please see the Scientific Special Minority Initiatives National Institutes of Health HHS) Announcement (FOA) PAR07–231, Management Review Board Web site for Initial Review the schedule of upcoming meetings at: Dated: November 2, 2009. http://smrb.od.nih.gov. Jennifer Spaeth, In accordance with Section 10(a)(2) of Director, Office of Federal Advisory the Federal Advisory Committee Act FOR FURTHER INFORMATION CONTACT: Dr. Committee Policy. (Pub. L. 92–463), the Centers for Disease Lyric Jorgenson, Office of Science [FR Doc. E9–26898 Filed 11–9–09; 8:45 am] Policy, Office of the Director, National Control and Prevention (CDC) BILLING CODE M announces the aforementioned SEP: Institutes of Health, Building 1, Room 218, MSC 0166, 9000 Rockville Pike, Time and Date: 8:30 a.m.–5 p.m., December 2, 2009 (Closed). Bethesda, MD 20892, DEPARTMENT OF HEALTH AND Place: Teleconference. [email protected], (301) 496–6837. HUMAN SERVICES Status: The meeting will be closed to the Dated: November 4, 2009. public in accordance with provisions set National Institutes of Health forth in Section 552b(c)(4) and (6), Title 5 Jennifer Spaeth, U.S.C., and the Determination of the Director, Director, Office of Federal Advisory National Institute of Mental Health; Management Analysis and Services Office, Committee Policy. Notice of Closed Meeting CDC, pursuant to Public Law 92–463. [FR Doc. E9–27123 Filed 11–9–09; 8:45 am] Matters To Be Discussed: The meeting will Pursuant to section 10(d) of the BILLING CODE 4140–01–P include the initial review, discussion, and Federal Advisory Committee Act, as evaluation of applications received in amended (5 U.S.C. App.), notice is response to ‘‘CDC Grants for Public Health hereby given of the following meeting.
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The meeting will be closed to the and personal information concerning Place: National Institutes of Health, 6701 public in accordance with the individuals associated with the grant Rockledge Drive, Bethesda, MD 20892 provisions set forth in sections applications, the disclosure of which (Virtual Meeting). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted Contact Person: Mark P. Rubert, PhD, Scientific Review Officer, Center for as amended. The grant applications and invasion of personal privacy. Scientific Review, National Institutes of the discussions could disclose Name of Committee: National Institute on Health, 6701 Rockledge Drive, Room 5218, confidential trade secrets or commercial Drug Abuse, Special Emphasis Panel, CEBRA MSC 7852, Bethesda, MD 20892. 301–435– property such as patentable material, Review. 1775. [email protected]. and personal information concerning Date: November 19, 2009. Name of Committee: Center for Scientific individuals associated with the grant Time: 9 a.m. to 5 p.m. Review, Special Emphasis Panel, Pregnancy, applications, the disclosure of which Agenda: To review and evaluate grant Reproductive Biology, and Development. would constitute a clearly unwarranted applications. Date: December 3–4, 2009. invasion of personal privacy. Place: National Institutes of Health, 6101 Time: 9 a.m. to 6 p.m. Executive Boulevard, Rockville, MD 20852 Agenda: To review and evaluate grant Name of Committee: National Institute of (Virtual Meeting). applications. Mental Health Special Emphasis Panel; Contact Person: Gerald L. McLaughlin, Place: National Institutes of Health, 6701 Neuro-Aids Training. PhD, Scientific Review Administrator, Office Rockledge Drive, Bethesda, MD 20892 Date: November 17, 2009. of Extramural Affairs, National Institute on (Virtual Meeting). Time: 1:30 p.m. to 2:30 p.m. Drug Abuse, NIH, DHHS, Room 220, MSC Contact Person: Ann A. Jerkins, PhD, ≤ Agenda: To review and evaluate grant 8401, 6101 Executive Blvd., Bethesda, MD Scientific Review Officer, Center for applications. 20892–8401, 301–402–6626, Scientific Review, National Institutes of Place: National Institutes of Health, [email protected]. Health, 6701 Rockledge Drive, Room 6154, Neuroscience Center, 6001 Executive This notice is being published less than 15 MSC 7892, Bethesda, MD 20892. 301–435– Boulevard, Rockville, MD 20852 (Telephone days prior to the meeting due to the timing 4514. [email protected]. Conference Call). limitations imposed by the review and Name of Committee: Center for Scientific Contact Person: Enid Light, Ph.D., funding cycle. Review, Special Emphasis Panel, AIDS- Scientific Review Officer, Division of (Catalogue of Federal Domestic Assistance Science Track Award for Research Extramural Activities, National Institute of Program Nos. 93.279, Drug Abuse and Transition, (R03)/Behavioral Interventions. Mental Health, NIH, Neuroscience Center, Addiction Research Programs, National Date: December 4, 2009. 6001 Executive Boulevard, Room 6132, MSC Institutes of Health, HHS) Time: 11 a.m. to 2 p.m. 9608, Bethesda, MD 20852–9608, 301–443– Dated: November 2, 2009. Agenda: To review and evaluate grant 0322, [email protected]. applications. This notice is being published less than 15 Jennifer Spaeth, Place: National Institutes of Health, 6701 days prior to the meeting due to the timing Director, Office of Federal Advisory Rockledge Drive, Bethesda, MD 20892 limitations imposed by the review and Committee Policy. (Telephone Conference Call). funding cycle. [FR Doc. E9–26903 Filed 11–9–09; 8:45 am] Contact Person: Jose H. Guerrier, PhD, (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–M Scientific Review Officer, Center for Program Nos. 93.242, Mental Health Research Scientific Review, National Institutes of Grants; 93.281, Scientist Development Health, 6701 Rockledge Drive, Room 5218, Award, Scientist Development Award for MSC 7852, Bethesda, MD 20892. 301–435– Clinicians, and Research Scientist Award; DEPARTMENT OF HEALTH AND HUMAN SERVICES 1137. [email protected]. 93.282, Mental Health National Research Name of Committee: Center for Scientific Service Awards for Research Training, National Institutes of Health Review, Special Emphasis Panel, AIDS- National Institutes of Health, HHS) Science Track Award for Research Dated: November 3, 2009. Center for Scientific Review; Notice of Transition, (A–START)/Biological. Jennifer Spaeth, Closed Meetings Date: December 7–8, 2009. Time: 11 a.m. to 3 p.m. Director, Office of Federal Advisory Agenda: To review and evaluate grant Committee Policy. Pursuant to section 10(d) of the Federal Advisory Committee Act, as applications. [FR Doc. E9–27124 Filed 11–9–09; 8:45 am] amended (5 U.S.C. App.), notice is Place: National Institutes of Health, 6701 BILLING CODE 4140–01–P hereby given of the following meetings. Rockledge Drive, Bethesda, MD 20892 The meetings will be closed to the (Virtual Meeting). Contact Person: Jose H. Guerrier, PhD, DEPARTMENT OF HEALTH AND public in accordance with the Scientific Review Officer Center for Scientific HUMAN SERVICES provisions set forth in sections Review, National Institutes of Health, 6701 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Rockledge Drive, Room 5218, MSC 7852, National Institutes of Health as amended. The grant applications and Bethesda, MD 20892. 301–435–1137. the discussions could disclose [email protected]. National Institute on Drug Abuse; confidential trade secrets or commercial Name of Committee: Center for Scientific Notice of Closed Meeting property such as patentable material, Review, Special Emphasis Panel, PAR 08– and personal information concerning 160: Metabolic Effects of Psychotropic Pursuant to section 10(d) of the individuals associated with the grant Medications. Federal Advisory Committee Act, as applications, the disclosure of which Date: December 7, 2009. amended (5 U.S.C. App.), notice is would constitute a clearly unwarranted Time: 1 p.m. to 5 p.m. Agenda: To review and evaluate grant hereby given of the following meeting. invasion of personal privacy. The meeting will be closed to the applications. public in accordance with the Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 provisions set forth in sections Review, Special Emphasis Panel, Review of Rockledge Drive, Bethesda, MD 20892 Small Business HIV/AIDS, Related Grant (Telephone Conference Call). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Applications. Contact Person: Martha M. Faraday, PhD, as amended. The grant applications and Date: December 2, 2009. Center for Scientific Review, National the discussions could disclose Time: 10 a.m. to 1:30 p.m. Institutes of Health, 6701 Rockledge Drive, confidential trade secrets or commercial Agenda: To review and evaluate grant Room 3110, MSC 7808, Bethesda, MD 20892. property such as patentable material, applications. 301–435–3575. [email protected].
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(Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND Department of Commerce. The purpose Program Nos. 93.306, Comparative Medicine; HUMAN SERVICES of the MOU is for cooperation and 93.333, Clinical Research, 93.306, 93.333, information sharing in the inspection of 93.337, 93.393–93.396, 93.837–93.844, Food and Drug Administration fish and fishery products and 93.846–93.878, 93.892, 93.893, National [Docket No. FDA–2009–N–0667] establishments. Institutes of Health, HHS) [FDA 225–09–0008] DATES: The agreement became effective Dated: October 30, 2009. October 9, 2009. Jennifer Spaeth, Memorandum of Understanding Between the Food and Drug FOR FURTHER INFORMATION CONTACT: Director, Office of Federal Advisory Administration, United States William Jones, Center for Food Safety Committee Policy. Department of Health and Human and Applied Nutrition Food and Drug [FR Doc. E9–26897 Filed 11–9–09; 8:45 am] Services and the National Oceanic and Administration, 5100 Paint Branch BILLING CODE M Atmospheric Administration, United Pkwy., College Park, MD 20740, 301– States Department of Commerce 436–2300. SUPPLEMENTARY INFORMATION: In AGENCY: Food and Drug Administration, accordance with 21 CFR 20.108(c), HHS. which states that all written agreements ACTION: Notice. and MOUs between FDA and others shall be published in the Federal SUMMARY: The Food and Drug Register, the agency is publishing notice Administration (FDA) is providing of this MOU. notice of a memorandum of understanding (MOU) between FDA, Dated: November 2, 2009. U.S. Department of Health and Human David Horowitz, Services and the National Oceanic and Assistant Commissioner for Policy. Atmospheric Administration, U.S. BILLING CODE 4160–01–S
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[FR Doc. E9–27118 Filed 11–9–09; 8:45 am] SUPPLEMENTARY INFORMATION: Notice of comment is being made pursuant to the BILLING CODE 4160–01–C this meeting is given under the Federal Paperwork Reduction Act of 1995 (Pub. Advisory Committee Act, 5 U.S.C. App. L. 104–13; 44 U.S.C. 3505(c)(2)). 2. The HSAC provides independent DATES: Written comments should be DEPARTMENT OF HOMELAND advice to the Secretary of the received on or before January 11, 2010, SECURITY Department of Homeland Security to to be assured of consideration. aide in the creation and implementation ADDRESSES: Direct all written comments [Docket No. DHS–2009–0138] of critical and actionable policies and to U.S. Customs and Border Protection, capabilities across the spectrum of Attn: Tracey Denning, Office of Homeland Security Advisory Council homeland security operations. The Regulations and Rulings, 799 9th Street, HSAC periodically reports, as requested, AGENCY: The Office of Policy, DHS. NW., 7th Floor, Washington, DC 20229– to the Secretary, on such matters. The 1177. ACTION: Notice of open teleconference Federal Advisory Committee Act Federal Advisory Committee Meeting. FOR FURTHER INFORMATION CONTACT: requires Federal Register publication 15 Requests for additional information SUMMARY: The Homeland Security days prior to a meeting. should be directed to Tracey Denning, Public Participation: Members of the Advisory Council (HSAC) will meet via U.S. Customs and Border Protection, public may register to participate in this teleconference for the purpose of Office of Regulations and Rulings, 799 HSAC teleconference via reviewing the findings and 9th Street, NW., 7th Floor, Washington, aforementioned procedures. Each recommendations of the HSAC’s DC 20229–1177, at 202–325–0265. individual must provide his or her full Sustainability and Efficiency Task Force legal name, e-mail address and phone SUPPLEMENTARY INFORMATION: CBP (SETF). number no later than 5:00 p.m. EST on invites the general public and other DATES: The HSAC conference call will November 30, 2009, to a staff member of Federal agencies to comment on take place from 3 p.m. to 4 p.m. EST on the HSAC via e-mail at [email protected] proposed and/or continuing information Friday, December 4, 2009. The meeting or via phone at 202–447–3135. HSAC collections pursuant to the Paperwork is scheduled for one hour and all conference call details will be provided Reduction Act of 1995 (Pub. L. 104–13; participating members of the public to interested members of the public at 44 U.S.C. 3505(c)(2)). The comments should promptly call-in at the beginning this time. should address: (a) Whether the of the teleconference. Information on Services for collection of information is necessary for the proper performance of the ADDRESSES: The HSAC will hold its Individuals with Disabilities: For functions of the agency, including formal meeting via teleconference. information on facilities or services for whether the information shall have Members of the public interested in individuals with disabilities, or to practical utility; (b) the accuracy of the participating in this teleconference request special assistance at the agency’s estimates of the burden of the meeting may do so by following the meeting, contact the HSAC as soon as collection of information; (c) ways to process outlined below (see ‘‘Public possible. enhance the quality, utility, and clarity Attendance’’). Dated: November 3, 2009. of the information to be collected; (d) The HSAC must receive all written Becca Sharp, ways to minimize the burden including comments by November 30, 2009. Executive Director, Homeland Security the use of automated collection Comments must be identified by DHS– Advisory Council, DHS. techniques or the use of other forms of 2009–0138 and may be submitted by [FR Doc. E9–27098 Filed 11–9–09; 8:45 am] information technology; and (e) the one of the following methods: BILLING CODE 9010–9M–P annual costs burden to respondents or • Federal eRulemaking Portal: http:// record keepers from the collection of www.regulations.gov. Follow the information (a total capital/startup costs instructions for submitting comments. DEPARTMENT OF HOMELAND and operations and maintenance costs). • E-mail: [email protected]. Include SECURITY The comments that are submitted will docket number in the subject line of the be summarized and included in the CBP message. U.S. Customs and Border Protection request for Office of Management and • Fax: 202–282–9207. Budget (OMB) approval. All comments • Mail: Homeland Security Advisory Agency Information Collection will become a matter of public record. Council, Department of Homeland Activities: Accreditation of Commercial In this document CBP is soliciting Security, Mailstop 0850, 1100 Hampton Testing Laboratories and Approval of comments concerning the following Park Blvd., Capitol Heights, MD 20745. Commercial Gaugers information collection: Instructions: All submissions received AGENCY: U.S. Customs and Border Title: Accreditation of Commercial must include the words ‘‘Department of Protection (CBP), Department of Testing Laboratories; Approval of Homeland Security’’ and DHS–2009– Homeland Security. Commercial Gaugers. 0138, the docket number for this action. ACTION: 60–Day Notice and request for OMB Number: 1651–0053. Comments received will be posted comments; Extension of an existing Form Number: None. without alteration at http:// collection of information: 1651–0053. Abstract: Commercial gaugers and www.regulations.gov, including any laboratories seeking accreditation or personal information provided. SUMMARY: As part of its continuing effort approval must provide the information Docket: For access to the docket to to reduce paperwork and respondent specified in 19 CFR 151.12 and/or 19 read background documents or burden, CBP invites the general public CFR 151.13 to CBP. CBP uses this comments received by the DHS and other Federal agencies to comment information in deciding whether to Homeland Security Advisory Council, on an information collection approve individuals or businesses go to http://www.regulations.gov. requirement concerning the: desiring to measure bulk products or to FOR FURTHER INFORMATION CONTACT: Accreditation of Commercial Testing analyze importations. HSAC Staff at [email protected] or 202– Laboratories and Approval of Current Actions: There are no changes 447–3135. Commercial Gaugers. This request for to the information collection. This
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submission is being made to extend the notice, especially regarding the respond: 75,000 responses at 20 minutes expiration date. estimated public burden and associated (.333) per response. Type of Review: Extension (without response time, should be directed to the (6) An estimate of the total public change). Department of Homeland Security burden (in hours) associated with the Affected Public: Businesses, (DHS), USCIS, Chief, Regulatory collection: 24,975 annual burden hours. Individuals. Products Division, Clearance Officer, If you need a copy of the information Reporting: 111 Massachusetts Avenue, NW., collection instrument, please visit the Estimated Number of Respondents: Washington, DC 20529–2210. Web site at: 200. Comments may also be submitted to http://www.regulations.gov/. Estimated Number of Responses per DHS via facsimile to 202–272–8352 or We may also be contacted at: USCIS, Respondent: 1. via e-mail at [email protected]. When Regulatory Products Division, 111 Estimated Number of Total submitting comments by e-mail, please Massachusetts Avenue, NW., Responses: 200. make sure to add OMB Control No. Washington, DC 20529–2210, Estimated Time per Response: 75 Telephone number 202–272–8377. minutes. 1615–0097 in the subject box. Written Estimated Total Burden Hours: 250. comments and suggestions from the Dated: November 4, 2009. Record Keeping: public and affected agencies concerning Sunday Aigbe, Estimated Number of Record Keepers: the collection of information should Chief, Regulatory Products Division, U.S. 200. address one or more of the following Citizenship and Immigration Services, Estimated Time per Record Keeper: 60 four points: Department of Homeland Security. minutes. (1) Evaluate whether the proposed [FR Doc. E9–27001 Filed 11–9–09; 8:45 am] Estimated Total Burden Hours: 200. collection of information is necessary BILLING CODE 9111–97–P Dated: November 5, 2009. for the proper performance of the Tracey Denning, functions of the agency, including whether the information will have Agency Clearance Officer, Customs and DEPARTMENT OF HOMELAND Border Protection. practical utility; SECURITY (2) Evaluate the accuracy of the [FR Doc. E9–27117 Filed 11–9–09; 8:45 am] agencies estimate of the burden of the U.S. Citizenship and Immigration BILLING CODE 9111–14–P proposed collection of information, Services including the validity of the methodology and assumptions used; Agency Information Collection DEPARTMENT OF HOMELAND Activities: Form N–565; Extension of SECURITY (3) Enhance the quality, utility, and clarity of the information to be an Existing Information Collection; U.S. Citizenship and Immigration collected; and Comment Request (4) Minimize the burden of the Services ACTION: 60-Day Notice of Information collection of information on those who Agency Information Collection Collection Under Review; Form N–565, are to respond, including through the Application for Replacement Activities: Form G–646; Extension of use of appropriate automated, an Existing Information Collection; Naturalization/Citizenship Document; electronic, mechanical, or other OMB Control No. 1615–0091. Comment Request technological collection techniques or other forms of information technology, The Department Homeland of ACTION: 60-Day Notice of Information e.g., permitting electronic submission of Security, U.S. Citizenship and Collection Under Review; Form G–646, responses. Immigration Services (USCIS) has Sworn Statement of Refugee Applying submitted the following information for Admission to the United States; Overview of This Information collection request for review and OMB Control No. 1615–0097. Collection clearance in accordance with the The Department Homeland Security, (1) Type of Information Collection: Paperwork Reduction Act of 1995. The U.S. Citizenship and Immigration Extension of an existing information information collection is published to Services (USCIS) has submitted the collection. obtain comments from the public and following information collection request (2) Title of the Form/Collection: affected agencies. Comments are for review and clearance in accordance Sworn Statement of Refugee Applying encouraged and will be accepted for with the Paperwork Reduction Act of for Admission to the United States. sixty days until January 11, 2010. 1995. The information collection is (3) Agency form number, if any, and During this 60-day period, USCIS will published to obtain comments from the the applicable component of the be evaluating whether to revise the public and affected agencies. Comments Department of Homeland Security Form N–565. Should USCIS decide to are encouraged and will be accepted for sponsoring the collection: Form G–646; revise Form N–565 we will advise the sixty days until January 11, 2010. U.S. Citizenship and Immigration public when we publish the 30-day During this 60 day period, USCIS will Services (USCIS). notice in the Federal Register in be evaluating whether to revise the (4) Affected public who will be asked accordance with the Paperwork Form G–646. Should USCIS decide to or required to respond, as well as a brief Reduction Act. The public will then revise Form G–646 we will advise the abstract: Primary: Individuals or have 30 days to comment on any public when we publish the 30-day households. The data collected by Form revisions to the Form N–565. notice in the Federal Register in G–646 is used by USCIS to determine Written comments and/or suggestions accordance with the Paperwork eligibility for the admission of regarding the item(s) contained in this Reduction Act. The public will then applicants to the United States as notice, especially regarding the have 30 days to comment on any refugees. estimated public burden and associated revisions to the Form G–646. (5) An estimate of the total number of response time, should be directed to the Written comments and/or suggestions respondents and the amount of time Department of Homeland Security regarding the item(s) contained in this estimated for an average respondent to (DHS), USCIS, Chief, Regulatory
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Products Division, Clearance Officer, (6) An estimate of the total public (2) Mail or Hand delivery. (a) DMF 111 Massachusetts Avenue, NW., burden (in hours) associated with the (M–30), DOT, West Building Ground Washington, DC 20529–2210. collection: 20,671 annual burden hours. Floor, Room W12–140, 1200 New Jersey Comments may also be submitted to If you need a copy of the information Avenue, SE., Washington, DC 20590– DHS via facsimile to 202–272–8352 or collection instrument,please visit the 0001. Hand deliver between the hours of via e-mail at [email protected]. When Web site at: http://www.regulations.gov/ 9 a.m. and 5 p.m., Monday through submitting comments by e-mail, please . Friday, except Federal holidays. The make sure to add OMB Control No. We may also be contacted at: USCIS, telephone number is 202–366–9329. (b) 1615–0091 in the subject box. Written Regulatory Products Division, 111 To OIRA, 725 17th Street NW., comments and suggestions from the Massachusetts Avenue, NW., Washington, DC 20503, attention Desk public and affected agencies concerning Washington, DC 20529–2210, Officer for the Coast Guard. the collection of information should Telephone number 202–272–8377. (3) Fax. (a) To DMF, 202–493–2251. address one or more of the following Dated: November 4, 2009. (b) To OIRA at 202–395–5806. To four points: Sunday Aigbe, ensure your comments are received in a timely manner, mark the fax, attention (1) Evaluate whether the proposed Chief, Regulatory Products Division, U.S. collection of information is necessary Citizenship and Immigration Services, Desk Officer for the Coast Guard. for the proper performance of the Department of Homeland Security. The DMF maintains the public docket for this Notice. Comments and material functions of the agency, including [FR Doc. E9–26999 Filed 11–9–09; 8:45 am] received from the public, as well as whether the information will have BILLING CODE 9111–97–P practical utility; documents mentioned in this Notice as (2) Evaluate the accuracy of the being available in the docket, will agencies estimate of the burden of the DEPARTMENT OF HOMELAND become part of the docket and will be proposed collection of information, SECURITY available for inspection or copying at including the validity of the room W12–140 on the West Building methodology and assumptions used; Coast Guard Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. (3) Enhance the quality, utility, and [USCG–2009–0588] and 5 p.m., Monday through Friday, clarity of the information to be except Federal holidays. You may also collected; and Collection of Information Under Review by Office of Management and find the docket on the Internet at http:// (4) Minimize the burden of the www.regulations.gov. collection of information on those who Budget: OMB Control Number: 1625– 0012 A copy of the ICR is available through are to respond, including through the the docket on the Internet at http:// use of appropriate automated, AGENCY: Coast Guard, DHS. www.regulations.gov. Additionally, electronic, mechanical, or other ACTION: Thirty-day notice requesting copies are available from: Commandant technological collection techniques or comments. (CG–611), Attn Paperwork Reduction other forms of information technology, Act Manager, US Coast Guard, 2100 2nd e.g., permitting electronic submission of SUMMARY: In compliance with the St., SW., Stop 7101, Washington DC responses. Paperwork Reduction Act of 1995, this 20593–7101. Overview of This Information request for comments announces that FOR FURTHER INFORMATION: Contact Mr. Collection the U.S. Coast Guard is forwarding an Arthur Requina, Office of Information Information Collection Request (ICR), Management, telephone 202–475–3523 (1) Type of Information Collection: abstracted below, to the Office of or fax 202–475–3929, for questions on Extension of an existing information Information and Regulatory Affairs these documents. Contact Ms. Renee V. collection. (OIRA), Office of Management and Wright, Program Manager, Docket (2) Title of the Form/Collection: Budget (OMB) requesting an extension Operations, 202–366–9826, for Application for Replacement of its approval for the following questions on the docket. Naturalization/Citizenship Document. collection of information: 1625–0012, SUPPLEMENTARY INFORMATION: The Coast (3) Agency form number, if any, and Certificate of Discharge to Merchant Guard invites comments on whether the applicable component of the Mariners. Our ICR describes the this ICR should be granted based on it Department of Homeland Security information we seek to collect from the being necessary for the proper sponsoring the collection: Form N–565; public. Review and comments by OIRA performance of Departmental functions. U.S. Citizenship and Immigration ensure we only impose paperwork In particular, the Coast Guard would Services (USCIS). burdens commensurate with our appreciate comments addressing: (1) (4) Affected public who will be asked performance of duties. The practical utility of the collections; or required to respond, as well as a brief DATES: Please submit comments on or (2) the accuracy of the estimated burden abstract: Primary: Individuals or before December 10, 2009. of the collections; (3) ways to enhance households. Form N–565 is used to ADDRESSES: You may submit comments the quality, utility, and clarity of apply for a replacement of a Declaration identified by Coast Guard docket information subject to the collections; of Intention, Certificate of Citizenship or number [USCG–2009–0588] to the and (4) ways to minimize the burden of Replacement Certificate, or to apply for Docket Management Facility (DMF) at collections on respondents, including a special certificate of naturalization as the U.S. Department of Transportation the use of automated collection a U.S. citizen to be recognized by a (DOT) or to OIRA. To avoid duplication, techniques or other forms of information foreign country. please submit your comments by only technology. (5) An estimate of the total number of one of the following means: Comments to Coast Guard or OIRA respondents and the amount of time (1) Electronic submission. (a) To Coast must contain the OMB Control Number estimated for an average respondent to Guard docket at http:// of the ICR. They must also contain the respond: 22,567 responses at 55 minutes www.regulation.gov. (b) To OIRA by e- docket number of this request, [USCG (.916) per response. mail via: [email protected]. 2009–0588]. For your comments to
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OIRA to be considered, it is best if they issue of the FEDERAL REGISTER (73 FR of its approval for the following are received on or before the December 3316). collection of information: 1625–0080, 10, 2009. Customer Satisfaction Surveys. Our ICR Previous Request for Comments Public participation and request for describes the information we seek to comments: We encourage you to This request provides a 30-day collect from the public. Review and respond to this request by submitting comment period required by OIRA. The comments by OIRA ensure we only comments and related materials. We Coast Guard published the 60-day impose paperwork burdens will post all comments received, notice (74 FR 35201, July 20, 2009) commensurate with our performance of without change, to http:// required by 44 U.S.C. 3506(c)(2). That duties. www.regulations.gov. They will include Notice elicited no comments. DATES: Please submit comments on or any personal information you provide. Information Collection Request before December 10, 2009. We have an agreement with DOT to use their DMF. Please see the ‘‘Privacy Act’’ Title: Certificate of Discharge to ADDRESSES: You may submit comments paragraph below. Merchant Mariners. identified by Coast Guard docket Submitting comments: If you submit a OMB Control Number: 1625–0012. number [USCG–2009–0560] to the comment, please include the docket Type of Request: Extension of a Docket Management Facility (DMF) at number [USCG–2009–0588], indicate currently approved collection. the U.S. Department of Transportation the specific section of the document to Respondents: Masters and operators (DOT) or to OIRA. To avoid duplication, which each comment applies, providing of vessels. please submit your comments by only a reason for each comment. We Abstract: In accordance with 46 one of the following means: recommend you include your name, U.S.C. 10311, each master or individual (1) Electronic submission. (a) To Coast mailing address, an e-mail address, or in charge of a vessel shall, for each Guard docket at http:// other contact information in the body of merchant mariner being discharged www.regulations.gov. (b) To OIRA by e- your document so that we can contact from the vessel, prepare a certificate of mail via: [email protected]. you if we have questions regarding your discharge and two copies; whether by (2) Mail or Hand delivery. (a) DMF submission. You may submit comments writing or typing on the prescribed form (M–30), DOT, West Building Ground and material by electronic means, mail, with permanent ink, or by using a Floor, Room W12–140, 1200 New Jersey fax, or delivery to the DMF at the computer-generated form to be signed Avenue, SE., Washington, DC 20590– address under ADDRESSES; but please with permanent ink. 0001. Hand deliver between the hours of submit them by only one means. If you Forms: CG–718A. 9 a.m. and 5 p.m., Monday through submit them by mail or delivery, submit Burden Estimate: The estimated Friday, except Federal holidays. The them in an unbound format, no larger burden has increased from 1,743.33 telephone number is 202–366–9329. (b) than 81⁄2 by 11 inches, suitable for hours to 2,443 hours a year. To OIRA, 725 17th Street, NW., copying and electronic filing. If you Authority: The Paperwork Reduction Act Washington, DC 20503, attention Desk submit them by mail and would like to of 1995; 44 U.S.C. Chapter 35, as amended. Officer for the Coast Guard. know that they reached the Facility, Dated: October 30, 2009. (3) Fax. (a) To DMF, 202–493–2251. please enclose a stamped, self-addressed (b) To OIRA at 202–395–5806. To postcard or envelope. In response to M.B. Lytle, Captain, U.S. Coast Guard, Acting Assistant ensure your comments are received in a your comments, we may revise the ICR timely manner, mark the fax, attention or decide not to seek an extension of Commandant for Command, Control, Communications, Computers and Desk Officer for the Coast Guard. approval for this collection. The Coast Information Technology. The DMF maintains the public docket Guard and OIRA will consider all [FR Doc. E9–26989 Filed 11–9–09; 8:45 am] for this Notice. Comments and material comments and material received during BILLING CODE 4910–15–P received from the public, as well as the comment period. documents mentioned in this Notice as Viewing comments and documents: being available in the docket, will Go to http://www.regulations.gov to DEPARTMENT OF HOMELAND become part of the docket and will be view documents mentioned in this SECURITY available for inspection or copying at Notice as being available in the docket. room W12–140 on the West Building Click on the ‘‘read comments’’ box, Coast Guard which will then become highlighted in Ground Floor, 1200 New Jersey Avenue, blue. In the ‘‘Keyword’’ box insert [USCG–2009–0560; OMB Control Number: SE., Washington, DC, between 9 a.m. ‘‘USCG–2009–0588’’ and click 1625–0080] and 5 p.m., Monday through Friday, ‘‘Search.’’ Click the ‘‘Open Docket except Federal holidays. You may also Collection of Information Under Folder’’ in the ‘‘Actions’’ column. You find the docket on the Internet at Review by Office of Management and may also visit the DMF in room W12– http://www.regulations.gov. Budget 140 on the West Building Ground Floor, A copy of the ICR is available through the docket on the Internet at http:// 1200 New Jersey Avenue SE., AGENCY: Coast Guard, DHS. www.regulations.gov. Additionally, Washington, DC, between 9 a.m. and 5 ACTION: Thirty-day notice requesting copies are available from: Commandant p.m., Monday through Friday, except comments. Federal holidays. (CG–611), Attn Paperwork Reduction Privacy Act: Anyone can search the SUMMARY: In compliance with the Act Manager, U.S. Coast Guard, 2100 electronic form of all comments Paperwork Reduction Act of 1995, this 2nd St., SW., Stop 7101, Washington, received in dockets by the name of the request for comments announces that DC 20593–7101. individual submitting the comment (or the U.S. Coast Guard is forwarding an FOR FURTHER INFORMATION CONTACT: signing the comment, if submitted on Information Collection Request (ICR), Contact Mr. Arthur Requina, Office of behalf of an association, business, labor abstracted below, to the Office of Information Management, telephone union, etc.). You may review the Information and Regulatory Affairs 202–475–3523 or fax 202–475–3929, for Privacy Act statement regarding our (OIRA), Office of Management and questions on these documents. Contact public dockets in the January 17, 2008 Budget (OMB) requesting an extension Ms. Renee V. Wright, Program Manager,
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Docket Operations, 202–366–9826, for Viewing comments and documents: Dated: October 30, 2009. questions on the docket. Go to http://www.regulations.gov to M.B. Lytle, SUPPLEMENTARY INFORMATION: The Coast view documents mentioned in this Captain, U.S. Coast Guard, Acting Assistant Guard invites comments on whether Notice as being available in the docket. Commandant for Command, Control, this ICR should be granted based on it Click on the ‘‘read comments’’ box, Communications, Computers and being necessary for the proper which will then become highlighted in Information Technology. performance of Departmental functions. blue. In the ‘‘Keyword’’ box insert [FR Doc. E9–26990 Filed 11–9–09; 8:45 am] In particular, the Coast Guard would ‘‘USCG–2009–0560’’ and click BILLING CODE 4910–15–P appreciate comments addressing: (1) ‘‘Search.’’ Click the ‘‘Open Docket The practical utility of the collections; Folder’’ in the ‘‘Actions’’ column. You DEPARTMENT OF HOMELAND (2) the accuracy of the estimated burden may also visit the DMF in room W12– SECURITY of the collections; (3) ways to enhance 140 on the West Building Ground Floor, the quality, utility, and clarity of 1200 New Jersey Avenue, SE., Coast Guard information subject to the collections; Washington, DC, between 9 a.m. and 5 and (4) ways to minimize the burden of p.m., Monday through Friday, except [USCG–2009–0457] collections on respondents, including Federal holidays. the use of automated collection Collection of Information Under Privacy Act: Anyone can search the techniques or other forms of information Review by Office of Management and electronic form of all comments technology. Budget: OMB Control Numbers: 1625– received in dockets by the name of the Comments to Coast Guard or OIRA 0057, 1625–0065, 1625–0104, and individual submitting the comment (or must contain the OMB Control Number 1625–0105 signing the comment, if submitted on of the ICR. They must also contain the AGENCY: Coast Guard, DHS. docket number of this request, [USCG behalf of an association, business, labor union, etc.). You may review the ACTION: Thirty-day notice requesting 2009–0560]. For your comments to comments. OIRA to be considered, it is best if they Privacy Act statement regarding our are received on or before December 10, public dockets in the January 17, 2008 SUMMARY: In compliance with the 2009. issue of the Federal Register (73 FR Paperwork Reduction Act of 1995, this Public participation and request for 3316). request for comments announces that comments: We encourage you to Previous Request for Comments the U.S. Coast Guard is forwarding four respond to this request by submitting Information Collection Requests (ICRs), comments and related materials. We This request provides a 30-day abstracted below, to the Office of will post all comments received, comment period required by OIRA. The Information and Regulatory Affairs without change, to http:// Coast Guard has published the 60-day (OIRA), Office of Management and www.regulations.gov. They will include notice (74 FR 34027, July 14, 2009) Budget (OMB) requesting an extension any personal information you provide. required by 44 U.S.C. 3506(c)(2). That of its approval for the following We have an agreement with DOT to use Notice elicited no comments. collections of information: (1) 1625– their DMF. Please see the ‘‘Privacy Act’’ 0057, Small Passenger Vessels—Title 46 paragraph below. Information Collection Request CFR Subchapters K and T; (2) 1625– Submitting comments: If you submit a Title: Customer Satisfaction Surveys. 0065, Offshore Supply Vessels—Title 46 comment, please include the docket CFR Subchapter L; (3) 1625–0104, number [USCG–2009–0560], indicate OMB Control Number: 1625–0080. Barges Carrying Bulk Hazardous the specific section of the document to Type of Request: Extension of a Materials; and (4) 1625–0105, Regulated which each comment applies, providing currently approved collection. Navigation Area; Reporting a reason for each comment. We Respondents: Recreational boaters, Requirements for Barges Loaded with recommend you include your name, commercial mariners, industry groups, Certain Dangerous Cargoes, Inland Rivers, Eighth Coast Guard District and mailing address, an e-mail address, or and State/local governments. other contact information in the body of the Illinois Waterway, Ninth Coast your document so that we can contact Abstract: Putting people first means Guard District. Review and comments you if we have questions regarding your ensuring the Federal Government by OIRA ensure we only impose submission. You may submit comments provides the highest-quality of service paperwork burdens commensurate with and material by electronic means, mail, possible to the American people. our performance of duties. fax, or delivery to the DMF at the Executive Order 12862 requires that all DATES: Please submit comments on or address under ADDRESSES; but please executive departments and agencies before December 10, 2009. submit them by only one means. If you providing significant public services ADDRESSES: You may submit comments submit them by mail or delivery, submit seek to meet established standards for identified by Coast Guard docket them in an unbound format, no larger customer service by: (1) Identifying the number [USCG–2009–0457] to the than 81⁄2 by 11 inches, suitable for customers who are, or should be, served Docket Management Facility (DMF) at copying and electronic filing. If you by the agency and (2) surveying the U.S. Department of Transportation submit them by mail and would like to customers to determine the type/quality (DOT) or to OIRA. To avoid duplication, know that they reached the Facility, of services they want; and their level of please submit your comments by only please enclose a stamped, self-addressed satisfaction. one of the following means: postcard or envelope. In response to Forms: None. (1) Electronic submission. (a) To Coast your comments, we may revise the ICR Guard docket at http:// Burden Estimate: The estimated or decide not to seek an extension of www.regulation.gov. (b) To OIRA by e- burden has increased from 15,516 hours approval for this collection. The Coast mail via: [email protected]. Guard and OIRA will consider all to 22,990 hours a year. (2) Mail or Hand delivery. (a) DMF comments and material received during Authority: The Paperwork Reduction Act (M–30), DOT, West Building Ground the comment period. of 1995; 44 U.S.C. Chapter 35, as amended. Floor, Room W12–140, 1200 New Jersey
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Avenue, SE, Washington, DC 20590– Public participation and request for Previous Request for Comments 0001. Hand deliver between the hours of comments: We encourage you to This request provides a 30-day 9 a.m. and 5 p.m., Monday through respond to this request by submitting comment period required by OIRA. The Friday, except Federal holidays. The comments and related materials. We Coast Guard has published the 60-day telephone number is 202–366–9329. (b) will post all comments received, notice (74 FR 30104, June 24, 2009) To OIRA, 725 17th Street, NW., without change, to http:// required by 44 U.S.C. 3506(c)(2). That Washington, DC 20503, attention Desk www.regulations.gov. They will include Notice elicited no comments. Officer for the Coast Guard. any personal information you provide. (3) Fax. (a) To DMF, 202–493–2251. We have an agreement with DOT to use Information Collection Request (b) To OIRA at 202–395–5806. To their DMF. Please see the ‘‘Privacy Act’’ 1. Title: Small Passenger Vessels— ensure your comments are received in a paragraph below. Title 46 CFR Subchapters K and T. timely manner, mark the fax, attention Submitting comments: If you submit a OMB Control Number: 1625–0057. Desk Officer for the Coast Guard. comment, please include the docket Type of Request: Revision of a The DMF maintains the public docket number [USCG–2009–0457], indicate currently approved collection. for this Notice. Comments and material the specific section of the document to Abstract: Under the authority of 46 received from the public, as well as which each comment applies, providing U.S.C. 3305 and 3306, the Coast Guard documents mentioned in this Notice as a reason for each comment. We prescribed regulations for the design, being available in the docket, will recommend you include your name, construction, alteration, repair and become part of the docket and will be mailing address, an e-mail address, or operation of small passenger vessels to available for inspection or copying at other contact information in the body of secure the safety of individuals and room W12–140 on the West Building your document so that we can contact property on board. The Coast Guard Ground Floor, 1200 New Jersey Avenue, you if we have questions regarding your uses the information in this collection to SE., Washington, DC, between 9 a.m. submission. You may submit comments ensure compliance with the and 5 p.m., Monday through Friday, and material by electronic means, mail, requirements. except Federal holidays. You may also fax, or delivery to the DMF at the Forms: CG–841, CG–854, CG–948, find the docket on the Internet at http:// address under ADDRESSES; but please CG–949, CG–3752, CG–5256. www.regulations.gov. submit them by only one means. If you Respondents: Owners and operators Copies of the ICRs are available submit them by mail or delivery, submit of small passenger vessels. through the docket on the Internet at them in an unbound format, no larger Frequency: On occasion. http://www.regulations.gov. than 81⁄2 by 11 inches, suitable for Burden Estimate: The estimated Additionally, copies are available from: copying and electronic filing. If you burden has increased from 353,263 Commandant (CG–611), Attn Paperwork submit them by mail and would like to hours to 380,185 hours a year. Reduction Act Manager, U.S. Coast know that they reached the Facility, 2. Title: Offshore Supply Vessels— Guard, 2100 2nd St., SW., Stop 7101, please enclose a stamped, self-addressed Title 46 CFR Subchapter L. Washington DC 20593–7101. postcard or envelope. In response to OMB Control Number: 1625–0065. FOR FURTHER INFORMATION CONTACT: your comments, we may revise the ICR Type of Request: Revision of a Contact Mr. Arthur Requina, Office of or decide not to seek an extension of currently approved collection. Information Management, telephone approval for this collection. The Coast Abstract: The OSV posting/marking 202–475–3523 or fax 202–475–3929, for Guard and OIRA will consider all requirements are needed to provide questions on these documents. Contact comments and material received during instructions to those onboard of actions Ms. Renee V. Wright, Program Manager, the comment period. to be taken in the event of an Docket Operations, 202–366–9826, for Viewing comments and documents: emergency. The reporting/ questions on the docket. Go to http://www.regulations.gov to recordkeeping requirements verify SUPPLEMENTARY INFORMATION: The Coast view documents mentioned in this compliance with regulations without Guard invites comments on whether Notice as being available in the docket. Coast Guard presence to witness routine these ICRs should be granted based on Click on the ‘‘read comments’’ box, matters, including OSVs based overseas it being necessary for the proper which will then become highlighted in as an alternative to Coast Guard re- performance of Departmental functions. blue. In the ‘‘Keyword’’ box insert inspection. In particular, the Coast Guard would ‘‘USCG–2009–0457’’ and click Forms: None. appreciate comments addressing: (1) ‘‘Search.’’ Click the ‘‘Open Docket Respondents: Owners and operators The practical utility of the collections; Folder’’ in the ‘‘Actions’’ column. You of vessels. (2) the accuracy of the estimated burden may also visit the DMF in room W12– Frequency: On occasion. of the collections; (3) ways to enhance 140 on the West Building Ground Floor, Burden Estimate: The estimated the quality, utility, and clarity of 1200 New Jersey Avenue, SE., burden has decreased from 6,169 hours information subject to the collections; Washington, DC, between 9 a.m. and 5 to 2,068 hours a year. and (4) ways to minimize the burden of p.m., Monday through Friday, except 3. Title: Barges Carrying Bulk collections on respondents, including Federal holidays. Hazardous Materials. the use of automated collection Privacy Act: Anyone can search the OMB Control Number: 1625–0104. techniques or other forms of information electronic form of all comments Type of Request: Revision of a technology. received in dockets by the name of the currently approved collection. Comments to Coast Guard or OIRA individual submitting the comment (or Abstract: Title 46 U.S.C. 3703 must contain the OMB Control Number signing the comment, if submitted on authorizes the Coast Guard to prescribe of the ICR. They must also contain the behalf of an association, business, labor rules related to the carriage of liquid docket number of this request, [USCG union, etc.). You may review the bulk dangerous cargoes. Title 46 CFR 2009–0457]. For your comments to Privacy Act statement regarding our Part 151 prescribes rules for barges OIRA to be considered, it is best if they public dockets in the January 17, 2008 carrying bulk liquid hazardous are received on or before the December issue of the Federal Register (73 FR materials. 10, 2009. 3316). Forms: None.
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Respondents: Owners and operators October 24, 2009, the President issued Disaster Unemployment Assistance (DUA); of tank barges. an emergency declaration under the 97.046, Fire Management Assistance Grant; Frequency: On occasion. authority of the Robert T. Stafford 97.048, Disaster Housing Assistance to Burden Estimate: The estimated Disaster Relief and Emergency Individuals and Households in Presidentially burden has increased from 13,255 hours Declared Disaster Areas; 97.049, Assistance Act, 42 U.S.C. 5121–5207 Presidentially Declared Disaster Assistance— to 29,281 hours a year. (the Stafford Act), as follows: Disaster Housing Operations for Individuals 4. Title: Regulated Navigation Area; I have determined that the emergency and Households; 97.050, Presidentially Reporting Requirements for Barges conditions in certain areas of the Declared Disaster Assistance to Individuals Loaded with Certain Dangerous Cargoes Commonwealth of Puerto Rico resulting from and Households—Other Needs; 97.036, (CDCs), Inland Rivers, Eighth Coast explosions and fire beginning on October 23, Disaster Grants—Public Assistance Guard District and the Illinois 2009, and continuing, are of sufficient (Presidentially Declared Disasters); 97.039, Waterway, Ninth Coast Guard District. severity and magnitude to warrant an Hazard Mitigation Grant.) OMB Control Number: 1625–0105. emergency declaration under the Robert T. Stafford Disaster Relief and Emergency W. Craig Fugate, Type of Request: Revision of a Assistance Act, 42 U.S.C. 5121 et seq. (‘‘the Administrator, Federal Emergency currently approved collection. Stafford Act’’). Therefore, I declare that such Management Agency. Abstract: This information is used to an emergency exists in the Commonwealth of [FR Doc. E9–27110 Filed 11–9–09; 8:45 am] ensure port safety and security, as well Puerto Rico. BILLING CODE 9111–23–P as the uninterrupted flow of commerce. You are authorized to provide appropriate Forms: None. assistance for required emergency measures, Respondents: Owners, agents, authorized under Title V of the Stafford Act, to save lives and to protect property and DEPARTMENT OF HOMELAND masters, towing vessel operators, SECURITY persons in charge of barges loaded with public health and safety, and to lessen or avert the threat of a catastrophe in the CDCs, or having CDC residue operating designated areas. Specifically, you are Customs and Border Protection on the inland rivers within the Eighth authorized to provide assistance for and Ninth Coast Guard Districts. emergency protective measures (Category B), Recordation of Trade Name ‘‘Sony Frequency: On occasion. including direct Federal assistance under the Ericsson Mobile Communications AB’’ Burden Estimate: The estimated Public Assistance program. This assistance burden has increased from 1,179 hours excludes regular time costs for subgrantees’ AGENCY: Customs and Border Protection, to 2,196 hours a year. regular employees. In addition, you are Department of Homeland Security. authorized to provide such other forms of ACTION: Dated: October 30, 2009. Notice of application for assistance under Title V of the Stafford Act recordation of trade name. M.B. Lytle, as you may deem appropriate consistent with Captain, U.S. Coast Guard, Acting Assistant what has been approved. Category A debris SUMMARY: Application has been filed Commandant for Command, Control, removal is not authorized. pursuant to § 133.12, Customs and Consistent with the requirement that Communications, Computers and Border Protection (CBP) Regulations (19 Information Technology. Federal assistance is supplemental, any Federal funds provided under the Stafford CFR 133.12), for recordation under [FR Doc. E9–26994 Filed 11–9–09; 8:45 am] Act for Public Assistance will be limited to section 42 of the Act of July 5, 1946, as BILLING CODE 4910–15–P 75 percent of the total eligible costs. amended (15 U.S.C. 1124), of the trade In order to provide Federal assistance, you name ‘‘Sony Ericsson Mobile are hereby authorized to allocate from funds Communications AB,’’ used by Sony DEPARTMENT OF HOMELAND available for these purposes such amounts as Ericsson Mobile Communications AB, SECURITY you find necessary for Federal emergency incorporated in Sweden. assistance and administrative expenses. Federal Emergency Management Further, you are authorized to make The applicant states that the trade Agency changes to this declaration to the extent name is used in connection with allowable under the Stafford Act. telephone apparatuses and instruments, [Internal Agency Docket No. FEMA–3306– which are manufactured in Brazil, EM; Docket ID FEMA–2008–0018] The Federal Emergency Management Agency (FEMA) hereby gives notice that China, India, France, Malaysia, and Puerto Rico; Emergency and Related pursuant to the authority vested in the Mexico. Determinations Administrator, Department of Homeland Before final action is taken on the Security, under Executive Order 12148, application, consideration will be given AGENCY: Federal Emergency as amended, Philip E. Parr, of FEMA is to any relevant data, views, or Management Agency, DHS. appointed to act as the Federal arguments submitted in writing by any ACTION: Notice. Coordinating Officer for this declared person in opposition to the recordation emergency. of this trade name. Notice of this action SUMMARY: This is a notice of the The following areas of the taken on the application for recordation Presidential declaration of an Commonwealth of Puerto Rico have of this trade name will be published in emergency for the Commonwealth of been designated as adversely affected by the Federal Register. Puerto Rico (FEMA–3306–EM), dated this declared emergency: DATES: Comments must be received on October 24, 2009, and related or before January 11, 2010. determinations. The municipalities of Bayamo´n, Catan˜ o, Guaynabo, San Juan, and Toa Baja for ADDRESSES: Written comments should DATES: Effective Date: October 24, 2009. emergency protective measures (Category B), be addressed to U.S. Customs and FOR FURTHER INFORMATION CONTACT: including direct Federal assistance under the Border Protection, Regulations and Peggy Miller, Disaster Assistance Public Assistance program. Rulings, Intellectual Property Rights & Directorate, Federal Emergency (The following Catalog of Federal Domestic Restricted Merchandise Branch, 799 9th Management Agency, 500 C Street, SW., Assistance Numbers (CFDA) are to be used Street, NW., 5th Floor, Washington, DC for reporting and drawing funds: 97.030, 20229–1179. Washington, DC 20472, (202) 646–3886. Community Disaster Loans; 97.031, Cora SUPPLEMENTARY INFORMATION: Notice is Brown Fund; 97.032, Crisis Counseling; FOR FURTHER INFORMATION CONTACT: hereby given that, in a letter dated 97.033, Disaster Legal Services; 97.034, Suzanne E. Kane, Attorney-Advisor,
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Intellectual Property Rights & Restricted required to obtain a benefit. OSM will SUMMARY: In accordance with the Merchandise Branch, at (202) 325–0119. request a 3-year term of approval for this National Environmental Policy Act of Dated: November 4, 2009. information collection activity. 1969 (NEPA), as amended, and the Charles R. Steuart, Comments are invited on: (1) The Federal Land Policy and Management need for the collection of information Act of 1976, as amended, the Bureau of Chief, Intellectual Property Rights & Restricted Merchandise Branch. for the performance of the functions of Land Management (BLM) has prepared the agency; (2) the accuracy of the a Draft Environmental Impact Statement [FR Doc. E9–26982 Filed 11–9–09; 8:45 am] agency’s burden estimates; (3) ways to (DEIS) for the Ivanpah Solar Electric BILLING CODE 9111–14–P enhance the quality, utility and clarity Generation System (ISEGS) and an of the information collection; and (4) associated Draft Resource Management ways to minimize the information Plan Amendment (DRMPA) for the DEPARTMENT OF THE INTERIOR collection burden on respondents, such California Desert Conservation Area. By Office of Surface Mining Reclamation as use of automated means of collection this notice, the BLM is announcing the and Enforcement of the information. A summary of the availability of these documents and the public comments will accompany opening of the comment period. Notice of Proposed Information OSM’s submission of the information DATES: To ensure that comments on the Collection for 1029–0080 collection request to OMB. DEIS and DRMPA will be considered, Before including your address, phone the BLM must receive them within 90 AGENCY: Office of Surface Mining number, email address, or other days following the date the Reclamation and Enforcement. personal identifying information in your Environmental Protection Agency ACTION: Notice and request for comment, you should be aware that publishes its Notice of Availability in comments. your entire comment—including your the Federal Register. The BLM will personal identifying information—may announce meetings or hearings and any SUMMARY: In compliance with the be made publicly available at any time. Paperwork Reduction Act of 1995, the other public involvement activities at While you can ask us in your comment least 15 days in advance through public Office of Surface Mining Reclamation to withhold your personal identifying and Enforcement (OSM) is announcing notices, media releases, and/or mailings. information from public review, we ADDRESSES: You may submit comments its intention to request approval to cannot guarantee that we will be able to continue the collection of information by any of the following methods: do so. • Web site: http://www.blm.gov/ca/st/ under 30 CFR part 850 which allows the Title: 30 CFR part 850—Permanent collection and review of new blaster en/info/nepa.html. Regulatory Program Requirements— • certification programs. This information E-mail: [email protected]. Standards for Certification of Blasters. • Fax: (760) 326–7099 Attn: George collection activity was previously OMB Control Number: 1029–0080. approved by the Office of Management Meckfessel. Summary: The information is used to • Mail: George Meckfessel, Planning and Budget (OMB), and assigned control identify and evaluate new blaster number 1029–0080. and Environmental Coordinator, Bureau certification programs. of Land Management, Needles Field DATES: Comments on the proposed Bureau Form Numbers: None. information collection activity must be Office, 1303 South U.S. Highway 95, Frequency of Collection: Once. Needles, CA 92363. received by January 11, 2010, to be Description of Respondents: State • assured of consideration. In person: At any public meeting regulatory authorities. and/or hearing that BLM schedules for ADDRESSES: Comments may be mailed to Total Annual Responses: 1. the DEIS/DRMPA during the comment Adrienne L. Alsop, Office of Surface Total Annual Burden Hours: 133 period. Mining Reclamation and Enforcement, hours. Copies of the DEIS/DRMPA are 1951 Constitution Ave., NW., Room Dated: November 3, 2009. available in the Needles Field Office at 202–SIB, Washington, DC 20240. John R. Craynon, the above address; the California State Comments may also be submitted Office, Public Room, 2800 Cottage Way, electronically to [email protected]. Chief, Division of Regulatory Support. [FR Doc. E9–26917 Filed 11–9–09; 8:45 am] Suite W–1623, Sacramento, CA 95825; FOR FURTHER INFORMATION CONTACT: To BILLING CODE 4310–05–M and electronically on the following Web receive a copy of the information site: http://www.blm.gov/ca/st/en/info/ collection request, contact Adrienne nepa.html. Alsop, at (202) 208–2818 or by e-mail. DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: OMB Tom Hurshman, Project Manager, (970) 240– regulations at 5 CFR 1320, which Bureau of Land Management implement provisions of the Paperwork 5345; Bureau of Land Management, 2465 South Townsend Ave., Montrose, Reduction Act of 1995 (Pub. L. 104–13), [CA–960–09–L5101000.ER0000 CO 81401; e-mail require that interested members of the LVRWB09B2400; CACA–48668, 49501, _ public and affected agencies have an 49502, 49503] tom [email protected]. opportunity to comment on information SUPPLEMENTARY INFORMATION: collection and recordkeeping activities Notice of Availability of the Draft Solar Partners I, LLC, Solar Partners [see 5 CFR 1320.8(d)]. This notice Ivanpah Solar Electric Generation II, LLC, Solar Partners IV, LLC and Solar identifies an information collection that System Environmental Impact Partners VIII, LLC, wholly owned OSM will be submitting to OMB for Statement and the Draft California subsidiaries of Bright Source Energy, renewed approval. This collection is Desert Conservation Area Plan Inc. (the applicant), have applied for contained in 30 CFR part 850, Amendment right-of-way (ROW) grants on public Permanent Regulatory Program AGENCY: Bureau of Land Management, lands to develop a 400 megawatt (MW) Requirements—Standards for Interior. solar thermal power plant and a shared Certification of Blasters. The administrative complex/construction ACTION: Notice of availability. information submitted by respondents is logistics area on approximately 4,073
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acres of public land in Southern with modifications, or deny the ROW to 5 p.m., local time. This will be a one California. The proposed 400 MW application for the ISEGS project as day meeting. generation project would be constructed proposed. The BLM will also consider ADDRESSES: The Advisory Board will in three phases: (1) 100 MW (Ivanpah 1) the DRMPA to the California Desert meet in Reno, Nevada at the John and the shared administrative complex/ Conservation Area Plan to allow for the Ascuaga’s Nugget, 1100 Nugget Avenue, construction logistics area; (2) 100 MW ISEGS project. The DEIS analyzed 22 Sparks, Nevada 89431. Their phone (Ivanpah 2); and (3) 200 MW (Ivanpah alternative site locations and number for reservations is 800–648– 3). The project site is located entirely on technologies to the ISEGS project. None 1177. public land approximately 4.5 miles of these 22 alternatives met the BLM Written comments pertaining to the southwest of Primm, Nevada. These purpose and need for the proposed Advisory Board meeting should be sent concentrating solar energy power plants action and as such were eliminated from to: Bureau of Land Management, would use distributed power tower and detailed analysis. National Wild Horse and Burro heliostat (mirror) technology, in which Resources that may be affected Program, WO–260, Attention: Ramona heliostat fields focus solar energy on include, but are not limited to: Desert DeLorme, 1340 Financial Boulevard, power tower receivers near the center of tortoise, visual resources, cultural Reno, Nevada, 89502–7147. Submit each heliostat array. The completed 400 resources, ephemeral stream channels, written comments pertaining to the MW project would incorporate seven soils, and vegetation. Advisory Board meeting no later than 459-foot tall power towers and Please note that public comments and close of business December 2, 2009. See approximately 214,000 heliostats (each information submitted including names, the SUPPLEMENTARY INFORMATION section holding two flat mirrors). Each of the street addresses, and e-mail addresses of for electronic access and filing address. three proposed plants (Ivanpah 1, 2, and respondents will be available for public FOR FURTHER INFORMATION CONTACT: 3) would have an individual power review and disclosure at the above Ramona DeLorme, Wild Horse and block with steam turbine, air-cooled addresses for the BLM California State Burro Administrative Assistant, at 775– condenser, switchyard, and generation Office and Needles Field Office during 861–6583. Individuals who use a tie-line. The three plants would share regular business hours (8 a.m. to 4 p.m.), telecommunications device for the deaf access roads, two groundwater wells Monday through Friday, except (TDD) may reach Ms. DeLorme at any and water lines, an administrative/ holidays. maintenance complex, a new substation, Before including your address, phone time by calling the Federal Information a new 5.3-mile natural gas pipeline, and number, e-mail address, or other Relay Service at 1–800–877–8339. temporary construction staging areas. personal identifying information in your SUPPLEMENTARY INFORMATION: The DEIS addresses the impacts of the comment, you should be aware that I. Public Meeting entire 400 MW generation project and your entire comment—including your does not analyze the environmental personal identifying information—may Under the authority of 43 CFR part impacts for each phase of development be made publicly available at any time. 1784, the Wild Horse and Burro separately. While you may ask us in your comment Advisory Board advises the Secretary of The plants would be connected to the to withhold your personal identifying the Interior, the Director of the BLM, the Southern California Edison (SCE) information from public review, we Secretary of Agriculture, and the Chief electric power grid through upgrades to cannot guarantee that we will be able to of the Forest Service, on matters SCE’s electric transmission line passing do so. pertaining to management and through the site and the new substation. protection of wild, free-roaming horses The three phases would take several Authority: 40 CFR 1506.10 and 1610.2 and burros on the Nation’s public lands. years to construct. Once completed, the Tom Pogacnik, The tentative agenda for the meeting is: solar power plants are expected to Deputy State Director for Natural Resources, Monday, December 7, 2009 (8 a.m.–5 operate for 50 years or more. California State Office. p.m.) Construction of the first phase of the [FR Doc. E9–27116 Filed 11–9–09; 8:45 am] 8 a.m.—Call to Order & Introductions: project is anticipated to begin in 2010 BILLING CODE 4310–40–P and be completed in 2013. 8:15 a.m.—Old Business: On November 6, 2007, the BLM Approval of September 28, 2009 published in the Federal Register a DEPARTMENT OF THE INTERIOR Minutes Notice of Intent (72 FR 62671) to 9 a.m.—New Business prepare an EIS and Staff Assessment Bureau of Land Management Secretaries Initiative jointly with the CEC under NEPA and Break (9:45 a.m.–10 a.m.) [LLWO2600000 L10600000 XQ0000] the California Environmental Quality 10 a.m.—New Business Act. The BLM and CEC held public Wild Horse and Burro Advisory Board; Secretaries Initiative (Continued) scoping meetings in January 2007 and Meeting Lunch (11:45 a.m.–1 p.m.) have held a series of public workshops 1 p.m.—New Business since then to discuss project changes AGENCY: Bureau of Land Management, Secretaries Initiative (Continued) and mitigation measures. Potential Interior. Break (2:45 p.m.–3 p.m.) impacts to specific resources such as ACTION: Announcement of meeting. 3 p.m.—Public Comments groundwater (quality and quantity), 4 p.m.—Board Recommendations threatened and endangered species SUMMARY: The Bureau of Land 4:45 p.m.—Recap/Summary/Next (desert tortoise), vegetation, visual Management (BLM) announces that the Meeting/Date/Site resources, desert bighorn sheep, Wild Horse and Burro Advisory Board 5 p.m.—Adjourn domestic livestock grazing, and will conduct a meeting on matters The meeting site is accessible to recreation on the Ivanpah Dry Lake were pertaining to management and individuals with disabilities. An identified during scoping and analyzed protection of wild, free-roaming horses individual with a disability needing an in the DEIS. and burros on the Nation’s public lands. auxiliary aid or service to participate in The DEIS evaluates alternatives to DATES: The Advisory Board will meet the meeting, such as an interpreting approve the proposed action, approve Monday, December 7, 2009 from 8 a.m. service, assistive listening device, or
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materials in an alternate format, must your entire comment—including your Pima County notify the person listed under FOR personal identifying information—may Gist Residence, 5626 E. Burns St., Tucson, FURTHER INFORMATION CONTACT two be made publicly available at any time. 09000960 weeks before the scheduled meeting While you can ask us in your comment CONNECTICUT date. Although the BLM will attempt to to withhold your personal identifying meet a request received after that date, information from public review, we New London County the requested auxiliary aid or service cannot guarantee that we will be able to St. James Episcopal Church, 76 Federal St., may not be available because of do so. The BLM will release all New London, 09000961 insufficient time to arrange it. submissions from organizations or FLORIDA The Federal Advisory Committee businesses, and from individuals Management Regulations [41 CFR 101– identifying themselves as Lee County 6.1015(b),] require BLM to publish in representatives or officials of First Baptist Church of Boca Grande, 421 4th the Federal Register notice of a meeting organizations or businesses, in their St. W., Boca Grande, 09000962 15 days prior to the meeting date. entirety, including names and MARYLAND II. Public Comment Procedures addresses. Caroline County Members of the public may make oral Electronic Access and Filing Address Brick House Farm, 24870 E. Cherry Ln., statements to the Advisory Board on Speakers may transmit comments Greensboro, 09000963 December 7, 2009 at the appropriate Leverton, Jacob and Hannah, House, 3531 electronically via the Internet to: Seaman Rd., Preston, 09000964 point in the agenda. This opportunity is [email protected]. Please anticipated to occur at 3 p.m., local include the identifier ‘‘WH&B’’ in the MASSACHUSETTS time. Persons wishing to make subject of your message and your name Bristol County statements should register with the BLM and address in the body of your by noon on December 7, 2009 at the Head of the River Historic District, 2–28 message. Main St., Acushnet; 2–28 Mill Rd., 2–13 meeting location. Depending on the Tarkiln Hill Rd., New Bedford, 09000965 number of speakers, the Advisory Board Dated: December 4, 2009. may limit the length of presentations. At Edwin L. Roberson, NEW JERSEY previous meetings, presentations have Assistant Director, Renewable Resources and Hunterdon County Planning. been limited to three minutes in length, Seargeantsville Historic District, Co. Rts. 523 [FR Doc. E9–26983 Filed 11–9–09; 8:45 am] however this time may vary. Speakers & 604, Lambert Rd., Delaware Dr., should address the specific wild horse BILLING CODE 4310–84–P Delaware Township, 09000972 and burro-related topics listed on the agenda. Speakers must submit a written Morris County copy of their statement to the address DEPARTMENT OF THE INTERIOR Chamberlain, George, House, 315 Dover- listed in the ADDRESSES section or bring Milton Rd., Jefferson, 09000973 National Park Service a written copy to the meeting. Union County Participation in the Advisory Board National Register of Historic Places; Frazee, Elizabeth and Gershom, House, 1451 meeting is not a prerequisite for Notification of Pending Nominations Raritan Rd., Scotch Plains, 09000971 submission of written comments. The and Related Actions BLM invites written comments from all NEW YORK interested parties. Your written Nominations for the following Kings County comments should be specific and properties being considered for listing Kol Israel Synagogue, 603 St. John’s Place, explain the reason for any or related actions in the National Brooklyn, 09000966 recommendation. The BLM appreciates Register were received by the National Shaari Zedek Synagogue, 767 Putnam Ave., any and all comments, but those most Park Service before October 24, 2009. Brooklyn, 09000968 useful and likely to influence decisions Pursuant to § 60.13 of 36 CFR part 60 Suffolk County on management and protection of wild written comments concerning the Sherwood-Jayne House, 55 Old Post Rd., East horses and burros are those that are significance of these properties under Setauket, 09000969 either supported by quantitative the National Register criteria for information or studies or those that evaluation may be forwarded by United Sullivan County include citations to and analysis of States Postal Service, to the National Spring House, 54 River Rd., Barryville, applicable laws and regulations. Except Register of Historic Places, National 09000970 for comments provided in electronic Park Service, 1849 C St., NW., 2280, Wayne County format, speakers should submit two Washington, DC 20240; by all other Towar-Ennis Farmhouse and Barn Complex, copies of their written comments where carriers, National Register of Historic 265 NY 14, Lyons, 09000967 feasible. The BLM will not necessarily Places, National Park Service,1201 Eye consider comments received after the St., NW., 8th floor, Washington DC OKLAHOMA time indicated under the DATES section 20005; or by fax, 202–371–6447. Written Craig County or at locations other than that listed in or faxed comments should be submitted Attucks School, 346 S. 4th, Vinita, 09000974 the ADDRESSES section. by November 25, 2009. In the event there is a request under Ellis County the Freedom of Information Act (FOIA) J. Paul Loether, Ingle Brothers Broomcorn Warehouse, 320 for a copy of your comments, the BLM Chief, National Register of Historic Places/ NW 1st St., Shattuck, 09000975 National, Historic Landmarks Program. will make them available in their Greer County entirety, including your name and ARIZONA Downtown Mangum Historic District, address. Before including your address, (County Courthouses of Oklahoma TR) phone number, e-mail address, or other Maricopa County roughly bounded by E. Lincoln, S. personal identifying information in your Roosevelt Addition Historic District, 600 Pennsylvania, N. Oklahoma and S. comment, you should be aware that block of W. 3rd St., Tempe, 09000959 Oklahoma, Mangum, 09000976
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Jefferson County 42Cb744, (Nine Mile Canyon, Utah) Address Nordell’s Fort, (Nine Mile Canyon, Utah) Irving Baptist Church, OK Rt. 1 Box 32, Ryan, Restricted, Price, 09001018 Address Restricted, Price, 09001045 09000977 42Cb745, (Nine Mile Canyon, Utah) Address Redman Village, (Nine Mile Canyon, Utah) Restricted, Price, 09001017 Address Restricted, Price, 09001047 Oklahoma County 42Cb746, (Nine Mile Canyon, Utah) Address Sunstone Village, (Nine Mile Canyon, Utah) Citizens, 2200 N. Classen Blvd., Oklahoma Restricted, Price, 09000996 Address Restricted, Price, 09001046 City, 09000978 42Cb804, (Nine Mile Canyon, Utah) Address Taylor’s City, (Nine Mile Canyon, Utah) Restricted, Price, 09001006 Address Restricted, Price, 09001048 Payne County 42Cb809, (Nine Mile Canyon, Utah) Address Bassett House, The, 1100 E. 9th Pl., Cushing, Restricted, Price, 09000995 VIRGINIA 09000979 42Cb811, (Nine Mile Canyon, Utah) Address Albemarle County Restricted, Price, 09001010 Lewis Mountain, 1 Lewis Mountain Pkwy., TEXAS 42Cb851, (Nine Mile Canyon, Utah) Address Charlottesville, 09001052 Collin County Restricted, Price, 09000986 Allen Water Station, N. of Exchange Pkwy on 42Cb893, (Nine Mile Canyon, Utah) Address Charlotte County Cottonwood Creek, Allen, 09000980 Restricted, Price, 09001009 Four Locust Farm, US Rt. 15, Keysville, 42Cb969, (Nine Mile Canyon, Utah) Address 09001053 Kendall County Restricted, Price, 09000985 Herff-Rozelle Farm, 33 Heroff Rd., Boerne, 42Cb974, (Nine Mile Canyon, Utah) Address Gloucester County 09000983 Restricted, Price, 09000987 Walker, T.C., House, 1 Main St., Gloucester, 42Dc706, (Nine Mile Canyon, Utah) Address 09001050 Tarrant County Restricted, Price, 09001016 First National Bank Building, 711 Houston Cottonwood Village, (Nine Mile Canyon, Mecklenburg County St., Fort Worth, 09000981 Utah) Address Restricted, Price, 09001015 More, MacCallum and Hudgins House Petroleum Building, 210 W. 6th. St., Fort Drop-Dead Ruin, (Nine Mile Canyon, Utah) Historic District, 603 Hudgins St., 439 Worth, 09000982 Address Restricted, Price, 09001014 Walker St., Chase City, 09001051 S. Main St. Historic District, 104, 108, 126 & First Canyon Site, (Nine Mile Canyon, Utah) 200 blocks S. Main St., Fort Worth, Address Restricted, Price, 09001013 Rockbridge County 09000984 42Dc306, (Nine Mile Canyon, Utah) Address Willson House, 367 VA 673, Lexington, Restricted, Price, 09001040 UTAH 09001049 42Dc638, (Nine Mile Canyon, Utah) Address Carbon County Restricted, Price, 09001039 [FR Doc. E9–26845 Filed 11–9–09; 8:45 am] BILLING CODE P 42Cb1252, (Nine Mile Canyon, Utah) Address 42Dc682, (Nine Mile Canyon, Utah) Address Restricted, Price, 09000988 Restricted, Price, 09001026 42Cb145, (Nine Mile Canyon, Utah) Address Duchesne County Restricted, Price, 09001019 DEPARTMENT OF JUSTICE 42Cb1758, (Nine Mile Canyon, Utah) Address 42Dc683, (Nine Mile Canyon, Utah) Address Restricted, Price, 09001027 Restricted, Price, 09000992 Notice of Lodging of Consent Decree 42Cb2024, (Nine Mile Canyon, Utah) Address 42Dc684, (Nine Mile Canyon, Utah) Address Restricted, Price, 09001038 Under the Comprehensive Restricted, Price, 09000989 Environmental Response, 42Cb2043, (Nine Mile Canyon, Utah) Address 42Dc685, (Nine Mile Canyon, Utah) Address Restricted, Price, 09001012 Restricted, Price, 09001037 Compensation and Liability Act 42Dc686, (Nine Mile Canyon, Utah) Address 42Cb2218, (Nine Mile Canyon, Utah) Address Notice is hereby given that on Restricted, Price, 09000990 Restricted, Price, 09001036 42Cb242, (Nine Mile Canyon, Utah) Address 42Dc687, (Nine Mile Canyon, Utah) Address November 2, 2009, a proposed Consent Restricted, Price, 09000991 Restricted, Price, 09001035 Decree in United States v. Township of 42Cb31, (Nine Mile Canyon, Utah) Address 42Dc688, (Nine Mile Canyon, Utah) Address Brick, New Jersey, Civil Action No. 3:09- Restricted, Price, 09001021 Restricted, Price, 09001034 cv-05592–FLW–TJB, was lodged with 42Cb33, (Nine Mile Canyon, Utah) Address 42Dc696, (Nine Mile Canyon, Utah) Address the United States District Court for the Restricted, Price, 09000994 Restricted, Price, 09001025 District of New Jersey. 42Cb36, (Nine Mile Canyon, Utah) Address 42Dc700, (Nine Mile Canyon, Utah) Address Restricted, Price, 09001022 In this action, the United States seeks, Restricted, Price, 09000999 inter alia, injunctive relief and cost 42Cb46, (Nine Mile Canyon, Utah) Address 42Dc702, (Nine Mile Canyon, Utah) Address Restricted, Price, 09000998 Restricted, Price, 09001033 recovery with respect to the Brick 42Cb48, (Nine Mile Canyon, Utah) Address 42Dc703, (Nine Mile Canyon, Utah) Address Township Landfill Superfund Site in Restricted, Price, 09000997 Restricted, Price, 09001031 Ocean County, New Jersey, under the 42Cb50, (Nine Mile Canyon, Utah) Address 42Dc704, (Nine Mile Canyon, Utah) Address Comprehensive Environmental Restricted, Price, 09000993 Restricted, Price, 09001030 Response, Compensation, and Liability 42Cb51, (Nine Mile Canyon, Utah) Address 42Dc705, (Nine Mile Canyon, Utah) Address Act, 42 U.S.C. 9601, et seq. The Restricted, Price, 09001000 Restricted, Price, 09001023 complaint in this matter alleges that the 42Cb52, (Nine Mile Canyon, Utah) Address 42Dc708, (Nine Mile Canyon, Utah) Address Restricted, Price, 09001029 Township of Brick was/is the past/ Restricted, Price, 09001020 current owner and/or operator of the 42Cb690, (Nine Mile Canyon, Utah) Address 42Dc709, (Nine Mile Canyon, Utah) Address Restricted, Price, 09001002 Restricted, Price, 09001028 Site, during which time hazardous 42Cb697, (Nine Mile Canyon, Utah) Address 42Dc710, (Nine Mile Canyon, Utah) Address substances were disposed and released Restricted, Price, 09001003 Restricted, Price, 09001024 there. The Consent Decree requires the 42Cb729, (Nine Mile Canyon, Utah) Address 42Dc712, (Nine Mile Canyon, Utah) Address Township of Brick to reimburse the Restricted, Price, 09001005 Restricted, Price, 09001032 United States all of its past response 42Cb730, (Nine Mile Canyon, Utah) Address Centennial House, (Nine Mile Canyon, Utah) costs in the amount of $246,833; pay the Restricted, Price, 09001011 Address Restricted, Price, 09001042 United States all future response costs; Fool’s Pinnacle, (Nine Mile Canyon, Utah) 42Cb731, (Nine Mile Canyon, Utah) Address and perform the remedy at the Site, Restricted, Price, 09001004 Address Restricted, Price, 09001041 42Cb736, (Nine Mile Canyon, Utah) Address Karen’s Cist, (Nine Mile Canyon, Utah) which includes the installation of a Restricted, Price, 09001008 Address Restricted, Price, 09001043 solid waste landfill cap and 42Cb743, (Nine Mile Canyon, Utah) Address Maxies Pad, (Nine Mile Canyon, Utah) implementation a groundwater Restricted, Price, 09001007 Address Restricted, Price, 09001044 monitoring program.
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The Department of Justice will receive substances at the Alabama Plating States v. Lennar Communities for a period of thirty (30) days from the Superfund Site, a former electroplating Development, Inc., Civil No. CIV–09– date of this publication comments and hot-dip galvanizing facility located 2252–PHX–FJM, was lodged with the relating to the Consent Decree. in Vincent, Shelby County, Alabama. United States District Court for the Comments should be addressed to the The proposed Decree requires the District of Arizona. Assistant Attorney General, defendants to pay $720,000 to the This Consent Decree will address Environment and Natural Resources United States in reimbursement of past claims asserted by the United States in Division, and either e-mailed to and future response costs, and provides a complaint filed contemporaneously [email protected] or the defendants with a covenant not to with the Consent Decree against Lennar mailed to P.O. Box 7611, U.S. sue under Sections 106 and 107(a) of Communities Development, Inc. (LCD) Department of Justice, Washington, DC CERCLA, 42 U.S.C. 9606 and 9607(a). for civil penalties and injunctive relief 20044–7611, and should refer to United The Department of Justice will receive under Section 113(b) of the Clean Air States v. Township of Brick, New Jersey, for a period of thirty (30) days from the Act (the Act), 42 U.S.C. 7413(b), for D.J. Ref. 90–11–3–09738. date of this publication comments failure to install suitable trackout During the public comment period, relating to the proposed Decree. control devices and failure to the Consent Decree, may also be Comments should be addressed to the immediately clean up trackout while examined on the following Department Assistant Attorney General, conducting earthmoving in violation of of Justice Web site, to http:// Environment and Natural Resources Rule 2 Regulation 1, and Rule 310 of www.usdoj.gov/enrd/ Division, and either e-mailed to Regulation 3 of the Maricopa County Air Consent_Decrees.html. A copy of the [email protected] or Quality Department (MCAQD) which Consent Decree may also be obtained by mailed to P.O. Box 7611, U.S. are part of the federally approved and mail from the Consent Decree Library, Department of Justice, Washington, DC federally enforceable State P.O. Box 7611, U.S. Department of 20044–7611, and should refer to United Implementation Plan (SIP) submitted to Justice, Washington, DC 20044–7611 or States v. Alabama Plating Co., et al., D.J. EPA by the State of Arizona pursuant to by faxing or e-mailing a request to Tonia Ref. 90–7–1–06380/1. Section 110 of the Act, 42 U.S.C. 7410. Fleetwood ([email protected]), The proposed Decree may be The proposed Consent Decree fax no. (202) 514–0097, phone examined at the Office of the United provides for the payment of $38,425 in confirmation number (202) 514–1547. In States Attorney for the Northern District civil penalties and implementation of a requesting a copy from the Consent of Alabama, 1801 Fourth Avenue North, supplemental environmental project at a Decree Library, please enclose a check Birmingham, AL 35203–2101, and at cost of not less than $144,094. The in the amount of $ 28.50 (25 cents per U.S. EPA Region 4, 61 Forsythe Street, Consent Decree also includes measures page reproduction costs of Consent SW., Atlanta, GA 30303. During the designed to abate fugitive dust Decree and Appendices) payable to the public comment period, the proposed emissions which include installation of U.S. Treasury or, if by e-mail or fax, Decree may also be examined on the trackout control devices at its work forward a check in that amount to the following Department of Justice Web sites; employing a dust control monitor Consent Decree Library at the stated site: http://www.usdoj.gov/enrd/ at sites with 5 acres or more of surface; address. Consent_Decrees.html. A copy of the and requiring dust control training for proposed Decree may also be obtained employees and certain employees of Maureen Katz, by mail from the Consent Decree sub-contractors whose job Assistant Chief, Environmental Enforcement Library, P.O. Box 7611, U.S. Department responsibilities involve dust generating Section, Environment and Natural Resources of Justice, Washington, DC 20044–7611 operations. Division. or by faxing or e-mailing a request to The Department of Justice will receive [FR Doc. E9–26973 Filed 11–9–09; 8:45 am] Tonia Fleetwood for a period of thirty (30) days from the BILLING CODE 4410–15–P ([email protected]), fax no. date of the publication comments (202) 514–0097, phone confirmation relating to the Consent Decree. Comments should be addressed to the DEPARTMENT OF JUSTICE number (202) 514–1547. In requesting a copy from the Consent Decree Library, Assistant Attorney General, Notice of Lodging of Consent Decree please enclose a check in the amount of Environment and Natural Resources Under the Comprehensive $8.00 (25 cents per page reproduction Division, and either e-mailed to Environmental Response, cost) payable to the U.S. Treasury or, if [email protected] or Compensation, and Liability Act by e-mail or fax, forward a check in that mailed to P.O. Box 7611, U.S. (‘‘CERCLA’’) amount to the Consent Decree Library at Department of Justice, Washington, DC the stated address. 20044–7611, and should refer to United Notice is hereby given that on States v. Lennar Communities November 4, 2009, a proposed consent Maureen Katz, Development, Inc., D.J. Ref. 90–5–2–1– decree (‘‘proposed Decree’’) in United Assistant Chief, Environmental Enforcement 08655. States v. Alabama Plating Co., et al., Section, Environment and Natural Resources The Consent Decree may be examined Civil Action No. 2:08–cv–01422, was Division. at the Office of the United States lodged with the United States District [FR Doc. E9–27035 Filed 11–9–09; 8:45 am] Attorney for the District of Arizona, Court for the Northern District of BILLING CODE 4410–15–P Two Renaissance Square, 40 N. Central Alabama, Southern Division. Avenue, Suite 1200, Phoenix, Arizona In this action under Section 107(a) of 85004–4408, and at U.S. Environmental the Comprehensive Environmental DEPARTMENT OF JUSTICE Protection Agency, Region 9, Office of Response, Compensation, and Liability Notice of Lodging of Consent Decree Regional Counsel, 75 Hawthorne Street, Act, 42 U.S.C. 9607(a) (‘‘CERCLA’’), the Under the Clean Air Act San Francisco, California 94105. During United States sought to recover response the public comment period, the Consent costs incurred or to be incurred by the Pursuant to 28 CFR 50.7, notice is Decree may also be examined on the United States as a result of releases and hereby given that on October 28, 2009, following Department of Justice Web threatened releases of hazardous a proposed consent decree in United site: http://www.usdoj.gov/enrd/
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Consent_Decrees.html. A copy of the New information shows that Furniture Brands International, Consent Decree may also be obtained by Furniture Brands International, Inc., Upholstery Division, Verona, mail from the Consent Decree Library, Incorporated is the parent firm of HDM Mississippi. P.O. Box 7611, U.S. Department of Furniture Industries, Incorporated, TA–W–64,749B, Lane Furniture Justice, Washington, DC 20044–7611, or HDM Furniture Offices and Design Industries, Inc., a Subsidiary of by faxing or e-mailing a request to Tonia Showroom Operations Subdivision. Furniture Brands International, Fleetwood ([email protected]), Workers wages at the subject firm are Inc., Distribution Center, Nettleton, fax number (202) 514–0097, phone being reported under the Mississippi. confirmation number (202) 514–1547. In Unemployment Insurance (UI) tax In accordance with Section 223 of the requesting a copy from the Consent account for Furniture Brands Trade Act of 1974 (19 U.S.C. 2273), and Decree Library, please enclose a check International, Incorporated. Section 246 of the Trade Act of 1974 (26 in the amount of $7.00 (.25 cents per Accordingly, the Department is U.S.C. 2813), as amended, the page reproduction cost) payable to the amending this certification to properly Department of Labor issued a U.S. Treasury. reflect this matter. Certification of Eligibility to Apply for The intent of the Department’s Worker Adjustment Assistance and Maureen Katz, certification is to include all workers of Alternative Trade Adjustment Assistant Chief, Environmental Enforcement HDM Furniture Industries, Assistance on January 12, 2009, Section, Environment and Natural Resources Incorporated, HDM Furniture Offices Division. applicable to workers of Lane Furniture and Design Showroom Operations Industries, Inc., Upholstery Division, [FR Doc. E9–27037 Filed 11–9–09; 8:45 am] Subdivision, a subdivision of Furniture Saltillo, Mississippi, Lane Furniture BILLING CODE 4410–15–P Brands International, Incorporated, High Industries, Inc., Upholstery Division, Point, North Carolina who were Verona, Mississippi and Lane Furniture adversely affected by a shift in the Industries, Inc., Distribution Center, DEPARTMENT OF LABOR production of wooden and upholstered Nettleton, Mississippi. The notice was household furniture to Columbia, China, published in the Federal Register on Employment and Training Vietnam, Indonesia and the Philippines. Administration February 2, 2009 (74 FR 5870). The amended notice applicable to At the request of the State agency, the [TA–W–65,083] TA–W–65,083 is hereby issued as Department reviewed the certification follows: for workers of the subject firm. The HDM Furniture Industries, All workers of HDM Furniture Industries, Saltillo and Verona workers are engaged Incorporated, HDM Furniture Offices Incorporated, HDM Furniture Offices and in the production of upholstered motion and Design Showroom Operations Design Showroom Operations Subdivision, a and stationary sofas and recliners. The Subdivision, a Subsidiary of Furniture subsidiary of Furniture Brands International, Nettleton location serves as a Brands International, Incorporated, Incorporated, High Point, North Carolina, who became totally or partially separated distribution center for component parts High Point, NC; Amended Certification for the aforementioned products and Regarding Eligibility To Apply for from employment on or after February 2, 2008 through March 30, 2011, are eligible to locations as well as a distribution center Worker Adjustment Assistance and apply for adjustment assistance under for finished goods. Alternative Trade Adjustment Section 223 of the Trade Act of 1974, and are New information shows that Assistance also eligible to apply for alternative trade Furniture Brands International, adjustment assistance under Section 246 of Incorporated is the parent firm of Lane In accordance with Section 223 of the the Trade Act of 1974. Trade Act of 1974 (19 U.S.C. 2273), and Furniture Industries, Inc. Workers Section 246 of the Trade Act of 1974 (26 Signed at Washington, DC this 19th day of wages at the subject firm are being October 2009. U.S.C. 2813), as amended, the reported under the Unemployment Department of Labor issued a Elliott S. Kushner, Insurance (UI) tax account for Furniture Certification of Eligibility to Apply for Certifying Officer, Division of Trade Brands International, Incorporated. Worker Adjustment Assistance and Adjustment Assistance. Accordingly, the Department is Alternative Trade Adjustment [FR Doc. E9–27006 Filed 11–9–09; 8:45 am] amending this certification to properly Assistance on March 30, 2009, BILLING CODE 4510–FN–P reflect this matter. applicable to workers of HDM Furniture The intent of the Department’s Industries, Incorporated, Furniture certification is to include all workers of DEPARTMENT OF LABOR Offices and Design Showroom Lane Furniture Industries, Inc., a Operations Subdivision, High Point, Employment and Training subsidiary of Furniture Brands North Carolina. The notice was Administration International, Inc., Upholstery Division, published in the Federal Register on Saltillo, Mississippi, Lane Furniture April 14, 2009 (74 FR 17221). [TA–W–64,749, TA–W–64,749A, TA–W– Industries, Inc., a subsidiary of At the request of the State agency, the 64,749B] Furniture Brands International, Inc., Department reviewed the certification Upholstery Division, Verona, Amended Certification Regarding for workers of the subject firm. The Mississippi and Lane Furniture Eligibility To Apply for Worker workers are engaged in administrative Industries, a subsidiary of Furniture Adjustment Assistance and Alternative support activities, including accounting, Brands International, Inc., Distribution Trade Adjustment Assistance finance, credit services, costing, Center, Nettleton, Mississippi who were production development, purchasing, TA–W–64,749, Lane Furniture adversely affected by increased imports office management, reception, Industries, Inc., a Subsidiary of of upholstered motion and stationary maintenance, product display and Furniture Brands International, sofas and recliners. showroom operations management Inc., Upholstery Division, Soltillo, The amended notice applicable to duties, related to the production of Mississippi. TA–W–64,749, TA–W–64,749A and wooden and upholstered household TA–W–64,749A, Lane Furniture TA–W–64,749B) are hereby issued as furniture. Industries, Inc., a Subsidiary of follows:
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All workers of Lane Furniture Industries, Maitland-Smith Furniture Industries, to workers of HDM Furniture Industries, Inc., a subsidiary of Furniture Brands Incorporated, a subsidiary of HDM Incorporated, Henredon Plant #10, Mt. International, Inc., Upholstery Division, Furniture Industries, Incorporated. Airy, North Carolina. The notice was Saltillo, Mississippi (TA–W–63,749), Lane Workers’ wages at the subject firm are Furniture Industries, Inc., a subsidiary of published in the Federal Register on Furniture Industries, Inc., a subsidiary of being reported under the April 30, 2009 (74 FR 19996). Unemployment Insurance (UI) tax Furniture Brands, Inc., Upholstery division, At the request of the State agency, the account for Furniture Brands Verona, Mississippi (TA–W–63,749A) and Department reviewed the certification International, Incorporated. Lane Furniture Industries, Inc., a subsidiary for workers of the subject firm. The of Furniture Brands International, Inc., Accordingly, the Department is Distribution Center, Nettleton, Mississippi amending this certification to properly workers are engaged in the production (TA–W–64,749B), who became totally or reflect this matter. of upholstered furniture. partially separated from employment on or The intent of the Department’s New information shows that after December 17, 2007 through January 12, certification is to include all workers of Furniture Brands International, 2011, are eligible to apply for adjustment assistance under Section 223 of the Trade Act Maitland-Smith Furniture Industries, Incorporated is the parent firm of HDM of 1974, and are also eligible to apply for Incorporated, a subsidiary of HDM Furniture Industries, Incorporated, alternative trade adjustment assistance under Furniture Industries, Incorporated, a Henredon Plant #10. Workers wages at Section 246 of the Trade Act of 1974. subsidiary of Furniture Brands the subject firm are being reported International, Incorporated, High Point, under the Unemployment Insurance Signed at Washington, DC this 21st day of North Carolina, who were adversely October 2009. (UI) tax account for Furniture Brands affected by increased company imports. International, Incorporated. Richard Church, The amended notice applicable to Certifying Officer, Division of Trade TA–W–64,776 is hereby issued as Accordingly, the Department is Adjustment Assistance. follows: amending this certification to properly [FR Doc. E9–27018 Filed 11–9–09; 8:45 am] reflect this matter. All workers of Maitland-Smith Furniture BILLING CODE 4510–FN–P Industries, Incorporated, a subsidiary of The intent of the Department’s HDM Furniture Industries, Incorporated, a certification is to include all workers of subsidiary of Furniture Brands International, HDM Furniture Industries, DEPARTMENT OF LABOR Incorporated, High Point, North Carolina, Incorporated, Henredon Plant #10, a who became totally or partially separated subsidiary of Furniture Brands Employment and Training from employment on or after December 23, Administration 2007 through January 27, 2011, are eligible to International, Incorporated, Mt. Airy, North Carolina who were adversely [TA–W–64,776] apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are affected by increased imports and a shift Maitland-Smith Furniture Industries, also eligible to apply for alternative trade in the production of upholstered Incorporated, a Subsidiary of HDM adjustment assistance under Section 246 of furniture to China and the Philippines. the Trade Act of 1974. Furniture Industries, Incorporated, a The amended notice applicable to Subsidiary of Furniture Brands Signed at Washington, DC this 19th day of TA–W–65,399 is hereby issued as International, Incorporated, High Point, October 2009. follows: NC; Amended Certification Regarding Elliott S. Kushner, All workers of HDM Furniture Industries, Eligibility To Apply for Worker Certifying Officer, Division of Trade Incorporated, Henredon Plant #10, a Adjustment Assistance and Alternative Adjustment Assistance. subsidiary of Furniture Brands International, Trade Adjustment Assistance [FR Doc. E9–27005 Filed 11–9–09; 8:45 am] Incorporated, Mt. Airy, North Carolina, who BILLING CODE 4510–FN–P In accordance with Section 223 of the became totally or partially separated from Trade Act of 1974 (19 U.S.C. 2273), and employment on or after February 25, 2008 Section 246 of the Trade Act of 1974 (26 DEPARTMENT OF LABOR through April 15, 2011, are eligible to apply U.S.C. 2813), as amended, the for adjustment assistance under Section 223 Department of Labor issued a Employment and Training of the Trade Act of 1974, and are also eligible Certification of Eligibility to Apply for Administration to apply for alternative trade adjustment Worker Adjustment Assistance and assistance under Section 246 of the Trade Act [TA–W–65,399] Alternative Trade Adjustment of 1974. Assistance on January 27, 2009, HDM Furniture Industries, Signed at Washington, DC this 19th day of applicable to workers of Maitland-Smith Incorporated, Henredon Plant #10, a October 2009. Furniture Industries, Incorporated, a Subsidiary of Furniture Brands Elliott S. Kushner, subsidiary of HDM Furniture Industries, International, Incorporated, Mt. Airy, Certifying Officer, Division of Trade Incorporated, High Point, North NC; Amended Certification Regarding Adjustment Assistance. Carolina. The notice was published in Eligibility To Apply for Worker [FR Doc. E9–27007 Filed 11–9–09; 8:45 am] the Federal Register on February 23, Adjustment Assistance and Alternative BILLING CODE 4510–FN–P 2009 (74 FR 8115). Trade Adjustment Assistance At the request of the State agency, the Department reviewed the certification In accordance with Section 223 of the for workers of the subject firm. The Trade Act of 1974 (19 U.S.C. 2273), and workers perform warehousing, Section 246 of the Trade Act of 1974 (26 distribution and various support service U.S.C. 2813), as amended, the functions related to the production of Department of Labor issued a household furniture. Certification of Eligibility to Apply for New information shows that Worker Adjustment Assistance and Furniture Brands International, Alternative Trade Adjustment Incorporated is the parent firm of Assistance on April 15, 2009, applicable
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DEPARTMENT OF LABOR Signed at Washington, DC this 20th day of Incorporated, Morganton, North October 2009. Carolina who were adversely affected by Employment and Training Elliott S. Kushner, a shift in the production of household Administration Certifying Officer, Division of Trade furniture to China, Columbia, Indonesia Adjustment Assistance. and the Philippines. [TA–W–62,638] [FR Doc. E9–27015 Filed 11–9–09; 8:45 am] The amended notice applicable to BILLING CODE 4510–FN–P TA–W–64,768 is hereby issued as Thomasville Furniture Industries, Inc. follows: Corporate Office, a Subsidiary of All workers of HDM/Henredon Morganton Furniture Brands International, Inc., DEPARTMENT OF LABOR Operations, a subsidiary of HDM Furniture Thomasville Furniture Industries, Inc. Industries, Incorporated, a subsidiary of Central Office, Thomasville, NC; Employment and Training Furniture Brands International, Incorporated, Amended Certification Regarding Administration Morganton, North Carolina, who became totally or partially separated from Eligibility To Apply for Worker [TA–W–64,768] Adjustment Assistance and Alternative employment on or after December 22, 2007 Trade Adjustment Assistance HDM/Henredon Morganton Operations, through January 30, 2011, are eligible to apply for adjustment assistance under a Subsidiary of HDM Furniture Section 223 of the Trade Act of 1974, and are In accordance with Section 223 of the Industries, Incorporated, a Subsidiary also eligible to apply for alternative trade Trade Act of 1974, as amended (19 of Furniture Brands International, adjustment assistance under Section 246 of U.S.C. 2273), the Department of Labor Incorporated; Morganton, NC; the Trade Act of 1974. issued a Certification of Eligibility to Amended Certification Regarding Apply for Worker Adjustment Eligibility To Apply for Worker Signed at Washington, DC this 19th day of Assistance on February 11, 2008, Adjustment Assistance and Alternative October 2009. applicable to workers of Thomasville Trade Adjustment Assistance Elliott S. Kushner, Furniture Industries, Corporate Office, Certifying Officer, Division of Trade In accordance with Section 223 of the Thomasville, North Carolina. The notice Adjustment Assistance. Trade Act of 1974 (19 U.S.C. 2273), and was published in the Federal Register [FR Doc. E9–27020 Filed 11–9–09; 8:45 am] Section 246 of the Trade Act of 1974 (26 on February 29, 2008 (73 FR 11153). BILLING CODE 4510–FN–P U.S.C. 2813), as amended, the At the request of the State agency, the Department of Labor issued a Department reviewed the certification Certification of Eligibility to Apply for DEPARTMENT OF LABOR for workers of the subject firm. The Worker Adjustment Assistance and workers provide administrative support. Alternative Trade Adjustment Employment and Training Information shows that Furniture Assistance on January 30, 2009, Administration applicable to workers of HDM/ Brands International, Inc. is the parent [TA–W–64,760] firm of Thomasville Furniture Henredon Morganton Operations, a Industries, Inc. Workers wages at the subsidiary of HDM Furniture Industries, HDM Furniture Industries, subject firm are being reported under Incorporated, Morganton, North Incorporated, a Subsidiary of HDM/ the Unemployment Insurance (UI) tax Carolina. The notice was published in Drexek-Heritage, Plant #75/CRC, a account for Furniture Brands the Federal Register on February 23, Subsidiary of Furniture Brands International, Inc. 2009 (74 FR 8115). International, Incorporated, Morganton, At the request of the State agency, the Accordingly, the Department is NC; Amended Certification Regarding Department reviewed the certification amending this certification to properly Eligibility To Apply for Worker for workers of the subject firm. The reflect this matter. Adjustment Assistance and Alternative workers are engaged in administrative Trade Adjustment Assistance The intent of the Department’s support, product development, certification is to include all workers of engineering, human resources, In accordance with Section 223 of the the subject firm who were adversely accounting, payroll and catalog Trade Act of 1974 (19 U.S.C. 2273), and affected by the increased company distribution services, related to the Section 246 of the Trade Act of 1974 (26 imports of upholstered furniture by an production of household furniture. U.S.C. 2813), as amended, the affiliated facility whose workers were New information shows that Department of Labor issued a certified eligible to apply for adjustment Furniture Brands International, Certification of Eligibility to Apply for assistance. Incorporated is the parent firm of HDM/ Worker Adjustment Assistance and The amended notice applicable to Henredon Morgan Operation, a Alternative Trade Adjustment TA–W–62,638 is hereby issued as subsidiary of HDM Furniture Industries, Assistance on January 23, 2009, follows: Incorporated. Workers wages at the applicable to workers of HDM Furniture subject firm are being reported under Industries, Incorporated, a subsidiary of All workers of Thomasville Furniture, the Unemployment Insurance (UI) tax HDM/Drexel-Heritage, Plant #75/CRC, Corporate Office, a subsidiary of Furniture account for Furniture Brands Morganton, North Carolina. The notice Brands International, Inc., Thomasville Furniture Industries, Inc., Central Office, International, Incorporated. was published in the Federal Register Thomasville, North Carolina, who became Accordingly, the Department is on February 10, 2009 (74 FR 6653). totally or partially separated from amending this certification to properly At the request of the State agency, the employment on or after December 30, 2007 reflect this matter. Department reviewed the certification through February 11, 2010 are eligible to The intent of the Department’s for workers of the subject firm. The apply for adjustment assistance under certification is to include all workers of workers perform various administrative Section 223 of the Trade Act of 1974, and are HDM/Henredon Morganton Operations, functions for an affiliated upholstery also eligible to apply for alternative trade a subsidiary of HDM Furniture and casegoods manufacturing facility. adjustment assistance under Section 246 of Industries, Incorporated, a subsidiary of New information shows that the Trade Act of 1974. Furniture Brands International, Furniture Brands International,
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Incorporated is the parent firm of HDM Department of Labor issued a Signed at Washington, DC this 22nd day of Furniture Industries, Incorporated, a Certification of Eligibility to Apply for October 2009. subsidiary of HDM/Drexel-Heritage, Worker Adjustment Assistance and Elliott S. Kushner, Plant #75/CRC. Workers wages at the Alternative Trade Adjustment Certifying Officer, Division of Trade subject firm are being reported under Assistance on August 20, 2008, Adjustment Assistance. the Unemployment Insurance (UI) tax applicable to workers of Lane Furniture [FR Doc. E9–27017 Filed 11–9–09; 8:45 am] account for Furniture Brands Industries, Inc., Belden, Mississippi. BILLING CODE 4510–FN–P International, Incorporated. The notice was published in the Federal Accordingly, the Department is Register on September 3, 2008 (73 FR DEPARTMENT OF LABOR amending this certification to properly 51529). The notice was amended on reflect this matter. May 1, 2009 to include workers whose Employment and Training The intent of the Department’s UI wages were paid by Action certification is to include all workers of Administration Transport. The notice was published in HDM Furniture Industries, the Federal Register on May 18, 2009 [TA–W–63,674] Incorporated, a subsidiary of HDM/ Drexel-Heritage, Plant #75/CRC, a (74 FR 23212). Lane Furniture Industries, a Subsidiary subsidiary of Furniture Brands At the request of the State agency, the of Furniture Brands International, Inc., International, Incorporated, Morganton, Department reviewed the certification Upholstery Division, Tupelo, MS; North Carolina who were adversely for workers of the subject firm. The Amended Certification Regarding affected by increased imports and a shift workers are engaged in the production Eligibility To Apply for Worker in the production of upholstered of upholstered furniture and Adjustment Assistance and Alternative furniture and casegoods to China, replacement units and component parts. Trade Adjustment Assistance Columbia, the Philippines and New information shows that the In accordance with Section 223 of the Indonesia. certification document issued on behalf Trade Act of 1974 (19 U.S.C. 2273), and The amended notice applicable to of the workers of the subject firm did Section 246 of the Trade Act of 1974 (26 TA–W–64,760 is hereby issued as not identify the Belden, Mississippi U.S.C. 2813), as amended, the follows: location as the Service Center. Department of Labor issued a All workers of HDM Furniture Industries, Certification of Eligibility to Apply for Incorporated, a subsidiary of HDM/Drexel- Information also shows that Furniture Brands International, Inc. is the parent Worker Adjustment Assistance and Heritage Plant #75/CRC, a subsidiary of Alternative Trade Adjustment Furniture Brands International, Incorporated, firm of Lane Furniture Industries, Inc. Assistance on August 6, 2008, Morganton, North Carolina, who became Workers wages at the subject firm are applicable to the workers of Lane totally or partially separated from being reported under the Furniture Industries, Inc., Upholstery employment on or after December 19, 2007 Unemployment Insurance (UI) tax through January 23, 2011, are eligible to Division, Tupelo Mississippi. This apply for adjustment assistance under account for Furniture Brands notice was published in the Federal Section 223 of the Trade Act of 1974, and are International, Incorporated. Register on August 21, 2008 (73 FR also eligible to apply for alternative trade Accordingly, the Department is 49491). adjustment assistance under Section 246 of amending this certification to properly At the request of the State agency, the the Trade Act of 1974. reflect these matters. Department reviewed the certification Signed at Washington, DC this 19th day of The intent of the Department’s for workers of the subject firm. The October 2009. workers produce upholstered furniture. certification is to include all workers of Elliott S. Kushner, New information shows that Lane Furniture Industries, Inc., a Certifying Officer, Division of Trade Furniture Brands International, Adjustment Assistance. subsidiary of Furniture Brands Incorporated is the parent firm of Lane International, Inc., Service Center, [FR Doc. E9–27019 Filed 11–9–09; 8:45 am] Furniture Industries, Inc. Workers including workers whose UI wages were BILLING CODE 4510–FN–P wages at the subject firm are being paid by Action Transport, Belden, reported under the Unemployment Mississippi who were adversely affected Insurance (UI) tax account for Furniture DEPARTMENT OF LABOR by increased imports of upholstered Brands International, Incorporated. furniture and replacement units and Accordingly, the Department is Employment and Training component parts. amending this certification to properly Administration The amended notice applicable to reflect this matter. [TA–W–63,754] TA–W–63,754 is hereby issued as The intent of the Department’s follows: certification is to include all workers of Lane Furniture Industries, Inc., a Lane Furniture Industries, Inc., a All workers of Lane Furniture Industries, Subsidiary of Furniture Brands subsidiary of Furniture Brands Inc., a subsidiary of Furniture Brands International, Inc., Service Center, International, Inc., Upholstery Division, International, Inc., Service Center, including Including Workers Whose UI Wages Tupelo, Mississippi who were adversely workers whose wages were paid by Action affected by increased imports of Were Paid by Action Transort, Belden, Transport, Belden, Mississippi, who became MS; Amended Certification Regarding upholstered furniture. totally or partially separated from The amended notice applicable to Eligibility To Apply for Worker employment on or after July 28, 2007, August Adjustment Assistance and Alternative TA–W–63,674 is hereby issued as 20, 2010, are eligible to apply for adjustment follows: Trade Adjustment Assistance assistance under Section 223 of the Trade Act All workers of Lane Furniture Industries, In accordance with Section 223 of the of 1974, and are also eligible to apply for alternative trade adjustment assistance under Inc., a subsidiary of Furniture Brands Trade Act of 1974 (19 U.S.C. 2273), and International, Inc., Upholstery Division, Section 246 of the Trade Act of 1974. Section 246 of the Trade Act of 1974 (26 Tupelo, Mississippi (TA–W–63,674) who U.S.C. 2813), as amended, the became totally or partially separated from
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employment on or after July 7, 2007 through adversely affected by increased imports The amended notice applicable to August 6, 2010, are eligible to apply for of upholstered motion and stationary TA–W–70,774 is hereby issued as adjustment assistance under Section 223 of sofas and recliners. follows: the Trade Act of 1974, and are also eligible The amended notice applicable to All workers of Sychip, Inc., including on- to apply for alternative trade adjustment TA–W–61,423C is hereby issued as assistance under Section 246 of the Trade Act site leased workers from Adminstaff, Plano, of 1974. follows: Texas, who became totally or partially All workers of Lane Furniture Industries, separated from employment on or after May Signed in Washington, DC, this 21st day of Inc., a subsidiary of Furniture Brands, Inc., 27, 2008 through September 23, 2011, and all October 2009. Upholstery Division, Pontotoc, Mississippi workers in the group threatened with total or Richard Church, (TA–W–61,423C), who became totally or partial separation from employment on the Certifying Officer, Division of Trade partially separated from employment on or date of certification through two years from Adjustment Assistance. after April 30, 2006 through June 11, 2009 are the date of certification, are eligible to apply for adjustment assistance under Chapter 2 of [FR Doc. E9–27016 Filed 11–9–09; 8:45 am] eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, Title II of the Trade Act of 1974, as amended. BILLING CODE 4510–FN–P and are also eligible to apply for alternative Signed in Washington, DC, this 21st day of trade adjustment assistance under Section October 2009. 246 of the Trade Act of 1974. DEPARTMENT OF LABOR Richard Church, Signed in Washington, DC, this 21st day of Certifying Officer, Division of Trade Employment and Training October 2009. Adjustment Assistance. Administration Richard Church, [FR Doc. E9–27009 Filed 11–9–09; 8:45 am] Certifying Officer, Division of Trade BILLING CODE 4510–FN–P [TA–W–61,423C] Adjustment Assistance. Lane Furniture Industries, Inc., a [FR Doc. E9–27014 Filed 11–9–09; 8:45 am] Subsidiary of Furniture Brands BILLING CODE 4510–FN–P DEPARTMENT OF LABOR International, Inc., Upholstery Division, Employment and Training Pontotoc, MS; Amended Certification DEPARTMENT OF LABOR Administration Regarding Eligibility To Apply for Worker Adjustment Assistance and Employment and Training [TA–W–70,006] Alternative Trade Adjustment Administration Assistance Maine Woods Company, Including On- [TA–W–70,774] Site Leased Workers From Tempo In accordance with Section 223 of the Employment Services, Portage Lake, Trade Act of 1974 (19 U.S.C. 2273), and Sychip, Inc., Including On-Site Leased ME; Amended Certification Regarding Section 246 of the Trade Act of 1974 (26 Workers From Adminstaff, Plano, TX; Eligibility To Apply for Worker U.S.C. 2813), as amended, the Amended Certification Regarding Adjustment Assistance Department of Labor issued a Eligibility To Apply for Worker In accordance with Section 223 of the Certification of Eligibility to Apply for Adjustment Assistance Trade Act of 1974, as amended (‘‘Act’’), Worker Adjustment Assistance and In accordance with Section 223 of the 19 U.S.C. 2273, the Department of Labor Alternative Trade Adjustment Trade Act of 1974, as amended (‘‘Act’’), issued a Certification of Eligibility to Assistance on June 11, 2007, applicable 19 U.S.C. 2273, the Department of Labor apply for Worker Adjustment Assistance to workers of Lane Furniture Industries, issued a Certification of Eligibility to on September 11, 2009, applicable to Inc., Upholstery Division, Pontotoc, apply for Worker Adjustment Assistance workers of Maine Woods Company, Mississippi. The notice was published on September 23, 2009, applicable to Portage Lake, Maine. The notice will in the Federal Register on June 28, 2007 workers of Sychip, Inc., Plano, Texas. soon be published in the Federal (72 FR 35516). The notice will be published soon in the Register. At the request of the State agency, the Federal Register. At the request of the State Agency, the Department reviewed the certification At the request of the State Agency, the Department reviewed the certification for workers of the subject firm. The Department reviewed the certification for workers of the subject firm. The workers are engaged in the production for workers of the subject firm. The workers are engaged in activities related of reclining chairs, as well as workers are engaged in activities related to the production of hardwood lumber. upholstered motion and stationary to the production of wireless modules. The company reports that workers sofas. The company reports that workers leased from Tempo Employment New information shows that leased from Adminstaff were employed Services were employed on-site at the Furniture Brands International, on-site at the Plano, Texas location of Portage Lake, Maine, location of the Incorporated is the parent firm of Lane Sychip, Inc. to provide payroll services. subject firm. The Department has Furniture Industries, Inc. Workers The Department has determined these determined these workers were wages at the subject firm are being workers were sufficiently under the sufficiently under the control of the reported under the Unemployment control of the subject firm to be subject firm to be considered leased Insurance (UI) tax account for Furniture considered leased workers. workers. Brands International, Incorporated. Information also shows that workers Based on these findings, the Accordingly, the Department is wages at the subject firm are being Department is amending this amending this certification to properly reported under the Unemployment certification to include leased workers reflect this matter. Insurance (UI) tax account for from Tempo Employment Services The intent of the Department’s Adminstaff. working on-site at the Portage Lake, certification is to include all workers of Based on these finding, the Maine, location of Maine Woods Lane Furniture Industries, Inc., a Department is amending this Company. subsidiary of Furniture Brands certification to include workers leased The amended notice applicable to International, Inc., Upholstery Division, from Adminstaff on-site at the Plano, TA–W–70,006 is hereby issued as Pontotoc, Mississippi who were Texas location of Sychip, Inc. follows:
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All workers of Maine Woods Company, All workers of Weyerhaeuser NR Company, these workers were sufficiently under including on-site leased workers from Tempo Aberdeen Forest Area Division, including the control of the subject firm to be Employment Services, Portage, Maine, who leased workers from Bridgewater Logging considered leased workers. became totally or partially separated from Inc., R.L. Smith Logging, Inc., NDC Timber Based on these findings, the employment on or after May 18, 2008, Inc., Skookum Logging, Inc., Willapa Department is amending this through September 11, 2011, and all workers Logging, Inc., Sevier Logging, Kiona Creek in the group threatened with total or partial Timber, Inc., Don Frickel Cutting, Inc., Bill certification to include workers leased separation from employment on the date of Hagara Trucking, Inc., Bill Hagara Jr. from the above mentioned firms certification through two years from the date Trucking, Inc., Don Hagara Trucking, Inc., working at the PeEll, Washington of certification, are eligible to apply for Osina Construction, Tony Gardner Trucking, location of Weyerhaeuser NR Company. adjustment assistance under Chapter 2 of Inc., MacMillan & Co., RL Smith Logging, The amended notice applicable to Title II of the Trade Act of 1974, as amended. Cecil Holmes Construction, JJ Welch TA–W–71,407 is hereby issued as Construction, Dave Williams Logging, Double Signed in Washington, DC, this 21st day of follows: D Logging, Pete Muller Logging/Const. Inc., October 2009. Hi-Production Cutting, Inc., J&M Forestry, All workers of Weyerhaeuser NR Company, Elliott S. Kushner, Willapa Log, Thompson Timber LLC, John PeEll Forest Area Division, including leased Certifying Officer, Division of Trade Dickey Trucking, Barrier West, Brittland, workers from Bridgewater Logging Inc., R.L. Smith Logging, Inc., NDC Timber Inc., Adjustment Assistance. Keith Muller Logging and Construction, J&P Skookum Logging, Inc., Willapa Logging, Cutting Inc., Brintec Inc., Ace Logging, Inc., [FR Doc. E9–27008 Filed 11–9–09; 8:45 am] Inc., Sevier Logging, Kiona Creek Timber, and Thomsen Timber, Cosmopolis, BILLING CODE 4510–FN–P Inc., Don Frickel Cutting, Inc., Bill Hagara Washington, who became totally or partially Trucking, Inc., Bill Hagara Jr. Trucking, Inc., separated from employment on or after June Don Hagara Trucking, Inc., Osina DEPARTMENT OF LABOR 12, 2008, through August 6, 2011, and all Construction, Tony Gardner Trucking, Inc., workers in the group threatened with total or MacMillan & Co., RL Smith Logging, Cecil Employment and Training partial separation from employment on the Holmes Construction, JJ Welch Construction, date of certification through two years from Administration Dave Williams Logging, Double D Logging, the date of certification, are eligible to apply Pete Muller Logging/Const. Inc., Hi- for adjustment assistance under Chapter 2 of [TA–W–71,406] Production Cutting, Inc., J&M Forestry, Title II of the Trade Act of 1974, as amended. Willapa Log, Thompson Timber LLC, John Dickey Trucking, Barrier West, Brittland, Weyerhaeuser NR Company, et al.; Signed in Washington, DC, this 20th day of Amended Certification Regarding Keith Muller Logging and Construction, J&P October 2009. Cutting Inc., Brintec Inc., Ace Logging, Inc., Eligibility To Apply for Worker Elliott S. Kushner, and Thomsen Timber, PeEll, Washington, Adjustment Assistance Certifying Officer, Division of Trade who became totally or partially separated from employment on or after June 12, 2008, In accordance with Section 223 of the Adjustment Assistance. [FR Doc. E9–27010 Filed 11–9–09; 8:45 am] through August 6, 2011, and all workers in Trade Act of 1974, as amended (‘‘Act’’), the group threatened with total or partial 19 U.S.C. 2273, the Department of Labor BILLING CODE 4510–FN–P separation from employment on the date of issued a Certification of Eligibility to certification through two years from the date Apply for Worker Adjustment of certification, are eligible to apply for Assistance on August 6, 2009, DEPARTMENT OF LABOR adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended. applicable to workers of Weyerhaeuser Employment and Training NR Company, Aberdeen Forest Area Administration Signed in Washington, DC, this 20th day of Division, Cosmopolis, Washington. The October 2009. notice was published in the Federal [TA–W–71,407] Elliott S. Kushner, Register September 22, 2009 (74 FR Certifying Officer, Division of Trade 48302–48304). Weyerhaeuser NR Company, et al.; Adjustment Assistance. Amended Certification Regarding At the request of the State Agency, the [FR Doc. E9–27011 Filed 11–9–09; 8:45 am] Eligibility To Apply for Worker Department reviewed the certification BILLING CODE 4510–FN–P for workers of the subject firm. The Adjustment Assistance workers are engaged in activities related In accordance with Section 223 of the to the production of logs. Trade Act of 1974, as amended (‘‘Act’’), DEPARTMENT OF LABOR The company reports that leased 19 U.S.C. 2273, the Department of Labor workers from the above mentioned firms issued a Certification of Eligibility to Employment and Training were employed at the Cosmopolis, Apply for Worker Adjustment Administration Washington location of Weyerhaeuser Assistance on August 6, 2009, Investigations Regarding Certifications NR Company. The Department has applicable to workers of Weyerhaeuser of Eligibility To Apply for Worker determined that these workers were NR Company, PeEll Forest Area Adjustment Assistance sufficiently under the control of the Division, PeEll, Washington. The notice subject firm to be considered leased was published in the Federal Register Petitions have been filed with the workers. September 22, 2009 (74 FR 48302– Secretary of Labor under Section 221(a) Based on these findings, the 48304). of the Trade Act of 1974 (‘‘the Act’’) and Department is amending this At the request of the State Agency, the are identified in the Appendix to this certification to include workers leased Department reviewed the certification notice. Upon receipt of these petitions, from the above mentioned firms for workers of the subject firm. The the Director of the Division of Trade working on-site at the Cosmopolis, workers are engaged in activities related Adjustment Assistance, Employment Washington location of Weyerhaeuser to the production of logs. and Training Administration, has NR Company, Aberdeen Forest Area The company reports that leased instituted investigations pursuant to Division. workers from the above mentioned firms Section 221 (a) of the Act. The amended notice applicable to were employed at the PeEll, Washington The purpose of each of the TA–W–71,406 is hereby issued as location of Weyerhaeuser NR Company. investigations is to determine whether follows: The Department has determined that the workers are eligible to apply for
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adjustment assistance under Title II, Director, Division of Trade Adjustment of Trade Adjustment Assistance, Chapter 2, of the Act. The investigations Assistance, at the address shown below, Employment and Training will further relate, as appropriate, to the not later than November 20, 2009. Administration, U.S. Department of determination of the date on which total Interested persons are invited to Labor, Room N–5428, 200 Constitution or partial separations began or submit written comments regarding the Avenue, NW., Washington, DC 20210. threatened to begin and the subdivision subject matter of the investigations to of the firm involved. the Director, Division of Trade Signed at Washington, DC, this 30th day of The petitioners or any other persons Adjustment Assistance, at the address October 2009. showing a substantial interest in the shown below, not later than November Richard Church, subject matter of the investigations may 20, 2009. Certifying Officer, Division of Trade request a public hearing, provided such The petitions filed in this case are Adjustment Assistance. request is filed in writing with the available for inspection at the Division
APPENDIX—TAA PETITIONS INSTITUTED BETWEEN 10/12/09 AND 10/16/09
Subject firm Date of Date of TA–W (petitioners) Location institution petition
72558 ...... Weyerhaeuser-iLevel Strand Technology, (Comp) ...... Elkin, NC ...... 10/13/09 10/08/09 72559 ...... Symmetricom, Inc., (Comp) ...... San Jose, CA ...... 10/13/09 10/09/09 72560 ...... Chrysler/Toledo Assembly, (UAW) ...... Toledo, OH ...... 10/13/09 10/09/09 72561 ...... United Tool & Plastics, Inc., (Comp) ...... Waynesboro, VA ...... 10/13/09 10/08/09 72562 ...... Fypon, Ltd., (Comp) ...... Archbold, OH ...... 10/13/09 10/09/09 72563 ...... Fypon, Ltd., (Comp) ...... Parkersburg, WV ...... 10/13/09 10/09/09 72564 ...... Termoseal, Inc., (Comp) ...... Sidney, OH ...... 10/13/09 10/09/09 72565 ...... Robert Bosch, LLC, (UAW) ...... St. Joseph, MI ...... 10/13/09 09/16/09 72566 ...... W.T. Sewing, Inc., (Wkrs) ...... San Francisco, CA ...... 10/13/09 10/12/09 72567 ...... Steve Williams Ford Lim, (Wkrs) ...... Lawrenceburg, TN ...... 10/13/09 10/05/09 72568 ...... Modine Manufacturing, (Wkrs) ...... Racine, WI ...... 10/13/09 10/08/09 72569 ...... Shiloh Industries Greenfield Die and Manufacturing, (Wkrs) Canton, MI ...... 10/13/09 10/09/09 72570 ...... Michaels Processing Center, (Wkrs) ...... Grand Prairie, TX ...... 10/13/09 10/05/09 72571 ...... Freescale Semiconductor, (Wkrs) ...... Chandler, AZ ...... 10/13/09 10/07/09 72572 ...... AZ Automotive Corporation, (UAW) ...... Center Line, MI ...... 10/14/09 10/09/09 72573 ...... F.L. Smithe Division of Barry Wehmiller Corp, (IAMAW) ..... Duncansville, PA ...... 10/14/09 10/09/09 72574 ...... Ultra Clean Technology, (Wkrs) ...... Hayward, CA ...... 10/14/09 10/10/09 72575 ...... Dell Corporation, (Wkrs) ...... Winston-Salem, NC ...... 10/14/09 10/13/09 72576 ...... Alpha Polishing, Inc., (Comp) ...... Los Angeles, CA ...... 10/14/09 10/12/09 72577 ...... Spingfield Wire, Inc., (Comp) ...... Springfield, MA ...... 10/14/09 10/13/09 72578 ...... Agilent Technologies, (State) ...... Santa Rosa, CA ...... 10/14/09 10/06/09 72579 ...... Mead Link Products, Inc., (Comp) ...... Rochester, NY ...... 10/14/09 10/13/09 72580 ...... Criterion Catalysts & Technology, (USW) ...... Belmont, WV ...... 10/14/09 10/13/09 72581 ...... Freightcar America, (Wkrs) ...... Roanoke, VA ...... 10/14/09 10/13/09 72582 ...... GM Flint-Powertrain North, (Union) ...... Flint, MI ...... 10/14/09 10/02/09 72583 ...... Mansfield Brass and Aluminum, (Union) ...... New Washinton, OH ...... 10/14/09 10/13/09 72584 ...... IAC, (Union) ...... Dayton, TN ...... 10/14/09 10/13/09 72585 ...... Whirpool Corporation, Evansville Manufacturing Division, Evansville, IN ...... 10/14/09 10/13/09 (IUECWA). 72586 ...... Sapa Industrial Extrusions, (Wkrs) ...... Cressona, PA ...... 10/15/09 09/30/09 72587 ...... Raleigh Film and Television Studios, LLC, (Wkrs) ...... Los Angeles, CA ...... 10/15/09 10/01/09 72588 ...... Pavco Industries, Inc., (Comp) ...... Pascagoula, MS ...... 10/15/09 10/14/09 72589 ...... DOW Chemical—SKC Hass Display Films (USA), (Wkrs) .. Rochester, NY ...... 10/15/09 10/14/09 72590 ...... Taminco Higher Amines, Inc., (Comp) ...... Riverview, MI ...... 10/15/09 10/13/09 72591 ...... Hutchinson Technology, Inc., (Wkrs) ...... Eau Claire, WI ...... 10/15/09 10/10/09 72592 ...... Sipco Molding Technologies, (Wkrs) ...... Meadville, PA ...... 10/15/09 10/14/09 72593 ...... Ciba Vision Corporation, (Wkrs) ...... Duluth, GA ...... 10/15/09 10/15/09 72594 ...... Heraeus Electro-Nite Company, LLC, (Comp) ...... Peru, IN ...... 10/15/09 10/14/09 72595 ...... Boyd Corporation, (State) ...... Portland, OR ...... 10/15/09 10/13/09 72596 ...... Metso Minerals, (Wkrs) ...... Portland, OR ...... 10/15/09 10/13/09 72597 ...... GE Healthcare Systems/Monitoring Solutions, (Wkrs) ...... Milwaukee, WI ...... 10/16/09 10/12/09 72598 ...... Nittsu Shoji U.S.A., Inc., (Comp) ...... Troy, OH ...... 10/16/09 10/14/09 72599 ...... Pradco, Inc., (State) ...... Ft. Smith, AR ...... 10/16/09 10/14/09 72600 ...... Unisys Corporation, (State) ...... Eagan, MN ...... 10/16/09 10/15/09 72601 ...... Crowe Manufacturing Services, Inc., (Comp) ...... Dayton, OH ...... 10/16/09 10/14/09 72602 ...... AT&T Operations, (State) ...... Greenroad Villiage, CO ...... 10/16/09 10/08/09 72603 ...... The Woodbridge Group, (Wkrs) ...... Auburn Hills, MI ...... 10/16/09 10/15/09 72604 ...... Career Horizons DBA Teleservices, Direct, (Comp) ...... Indianapolis, IN ...... 10/16/09 10/15/09 72605 ...... Coastal Diesel Service, (Wkrs) ...... New Bern, NC ...... 10/16/09 10/06/09 72606 ...... American Food and Vending, (Other) ...... Spring Hill, TN ...... 10/16/09 10/15/09 72607 ...... Bebe Store, Inc., (Wkrs) ...... Brisbane, CA ...... 10/16/09 09/25/09 72608 ...... Quark, Inc., (State) ...... Denver, CO ...... 10/16/09 10/13/09
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[FR Doc. E9–27013 Filed 11–9–09; 8:45 am] instituted investigations pursuant to Interested persons are invited to BILLING CODE 4510–FN–P Section 221 (a) of the Act. submit written comments regarding the The purpose of each of the subject matter of the investigations to investigations is to determine whether the Director, Division of Trade DEPARTMENT OF LABOR the workers are eligible to apply for Adjustment Assistance, at the address adjustment assistance under Title II, shown below, not later than November Employment and Training Chapter 2, of the Act. The investigations 20, 2009. Administration will further relate, as appropriate, to the The petitions filed in this case are determination of the date on which total Investigations Regarding Certifications available for inspection at the Division or partial separations began or of Eligibility To Apply for Worker of Trade Adjustment Assistance, Adjustment Assistance threatened to begin and the subdivision Employment and Training of the firm involved. Administration, U.S. Department of Petitions have been filed with the The petitioners or any other persons Labor, Room N–5428, 200 Constitution Secretary of Labor under Section 221(a) showing a substantial interest in the Avenue, NW., Washington, DC 20210. of the Trade Act of 1974 (‘‘the Act’’) and subject matter of the investigations may are identified in the Appendix to this request a public hearing, provided such Signed at Washington, DC, this 30th day of notice. Upon receipt of these petitions, request is filed in writing with the October 2009. the Director of the Division of Trade Director, Division of Trade Adjustment Richard Church, Adjustment Assistance, Employment Assistance, at the address shown below, Certifying Officer, Division of Trade and Training Administration, has not later than November 20, 2009. Adjustment Assistance.
APPENDIX—TAA PETITIONS INSTITUTED BETWEEN 10/5/09 AND 10/9/09
Subject firm Date of Date of TA–W (petitioners) Location institution petition
72490 ...... Panduit Corporation., (Comp) ...... Tinley Park, IL ...... 10/05/09 09/29/09 72491 ...... Commerce Energy, Inc., (Wkrs) ...... Costa Mesa, CA ...... 10/05/09 10/02/09 72492 ...... Adams Granite Company, Inc., (Union) ...... Barre, VT ...... 10/05/09 10/02/09 72493 ...... Ananke, Inc., (Wkrs) ...... Providence, RI ...... 10/05/09 10/02/09 72494 ...... EDS/Hewlett Packard Enterprise Services, (Wkrs) ...... Miramar, FL ...... 10/05/09 10/02/09 72495 ...... ATI Allegheny Ludlum Corporation, (union) ...... New Castle, IN ...... 10/05/09 10/02/09 72496 ...... Experian ,(Wkrs) ...... Schaumburg, IL ...... 10/06/09 10/05/09 72497 ...... Utah Stamping Company, (Wkrs) ...... Clearfield, UT ...... 10/06/09 10/05/09 72498 ...... HSBC Finance, (State) ...... Mettawa, IL ...... 10/06/09 09/21/09 72499 ...... Hamilton Fairfield Dodge Jeep, (Comp) ...... Hamilton, OH ...... 10/06/09 09/25/09 72500 ...... Hardinge, Inc., (Wkrs) ...... Elmira, NY ...... 10/06/09 09/29/09 72501 ...... P.C.C. Airfoils, Inc., (Wkrs) ...... Crooksville, OH ...... 10/06/09 10/01/09 72502 ...... Burke Hosiery Mills, Inc., (Comp) ...... Hickory, NC ...... 10/06/09 09/28/09 72503 ...... Sycamore Networks, Inc., (Wkrs) ...... Chelmsford, MA ...... 10/06/09 09/25/09 72504 ...... Penske Logistics, LLC, (union) ...... Spring Hill, TN ...... 10/06/09 10/02/09 72505 ...... SEH America, Inc., (wrks) ...... Vancouver, WA ...... 10/06/09 10/02/09 72506 ...... GHT Craft, (wrks) ...... Grand Rapids, MI ...... 10/06/09 10/05/09 72507 ...... Cypress Semi Conductor, (wrks) ...... San Jose, CA ...... 10/06/09 10/05/09 72508 ...... American Axle & Manufacturing, (wrks) ...... Detroit, MI ...... 10/06/09 09/29/09 72509 ...... Ametek MCG, Inc., (State) ...... New Ulm, MN ...... 10/06/09 10/05/09 72510 ...... Jeld-Wen Millwork Distribution, (Comp) ...... Wilkesboro, NC ...... 10/06/09 10/02/09 72511 ...... Durbin Industrial Valve, Inc., (Wkrs) ...... Akron, OH ...... 10/07/09 09/21/09 72512 ...... Hewlett Packard, (Wkrs) ...... Cupertino, CA ...... 10/07/09 09/30/09 72513 ...... Kaiser Foundation Hospitals, (Wkrs) ...... Pasadena, CA ...... 10/07/09 09/26/09 72514 ...... Metal Creations, (Comp) ...... High Point, NC ...... 10/07/09 10/06/09 72515 ...... Precision Custom Coating, (State) ...... Totowa, NJ ...... 10/07/09 10/06/09 72516 ...... Pheonix Engineering Corporation, (Wkrs) ...... Baldwin, WI ...... 10/07/09 10/05/09 72517 ...... American Institute of Physics, (Comp) ...... Melville, NY ...... 10/07/09 09/30/09 72518 ...... Wilson Tool International, (State) ...... White Bear Lake, MN ...... 10/07/09 10/06/09 72519 ...... EDS, an HP Company, (Wkrs) ...... Plano, TX ...... 10/07/09 10/05/09 72520 ...... Precision Castparts Corps (PCC), (wrks) ...... Crooksville, OH ...... 10/07/09 10/02/09 72521 ...... GlaxoSmithKline, (wrks) ...... Durham, NC ...... 10/07/09 10/06/09 72522 ...... Glass and Glazing Forensics, Inc., (wrks) ...... Troy, MI ...... 10/07/09 10/06/09 72523 ...... Warner Automotive Group, Inc, (comp) ...... Tiffin, OH ...... 10/07/09 10/02/09 72524 ...... Erie Engineering/Automation, (wrks) ...... Clinton Township, MI ...... 10/07/09 10/01/09 72525 ...... Channellock, Inc., (Comp) ...... Meadville, PA ...... 10/07/09 10/06/09 72526 ...... Hewlett Packard (HP), (state) ...... Fort Collins, CO ...... 10/07/09 10/06/09 72527 ...... Saturn of Green Bay Inc., (Wkrs) ...... Green Bay, WI ...... 10/08/09 10/06/09 72528 ...... JW Kitko & Sons Wood Products, Inc., (Wkrs) ...... Glen Hope, PA ...... 10/08/09 10/06/09 72529 ...... Celanese, (Wkrs) ...... Pampa, TX ...... 10/08/09 10/05/09 72530 ...... PTC Alliance, (Union) ...... Jane Lew, WV ...... 10/08/09 10/07/09 72531 ...... Riley Power, Inc., (union) ...... Erie, PA ...... 10/08/09 10/02/09 72532 ...... Lower Columbia Head & Neck Associates, P.S., (Comp) ... Longview, WA ...... 10/08/09 10/01/09 72533 ...... Ensign United States Drilling Company, (Wkrs) ...... Denver, CO ...... 10/08/09 10/07/09 72534 ...... Dura-Bar Metal Services, (Wkrs) ...... Woodstock, IL ...... 10/09/09 09/25/09 72535 ...... Dura-Bar, (Wkrs) ...... Woodstock, IL ...... 10/09/09 09/25/09 72536 ...... Hanesbrands, Inc., (Comp) ...... Winston-Salem, NC ...... 10/09/09 10/04/09 72537 ...... McQuay International, (Wkrs) ...... Verona, VA ...... 10/09/09 10/07/09
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APPENDIX—TAA PETITIONS INSTITUTED BETWEEN 10/5/09 AND 10/9/09—Continued
Subject firm Date of Date of TA–W (petitioners) Location institution petition
72538 ...... Aerotek, (Comp) ...... Eureka, MO ...... 10/09/09 10/07/09 72539 ...... Sylmark, Inc., (State) ...... Los Angeles, CA ...... 10/09/09 10/08/09 72540 ...... Komatsu Forest, LLC, (Wkrs) ...... Shawano, WI ...... 10/09/09 09/25/09 72541 ...... TriMark Corporation, (Wkrs) ...... New Hampton, IA ...... 10/09/09 10/02/09 72542 ...... Cellular Expres, Inc., dba Boston Communications Group, Bedford, MA ...... 10/09/09 10/08/09 (Comp). 72543 ...... Owens Corning Sales, LLC, (Comp) ...... Charleston, WV ...... 10/09/09 10/08/09 72544 ...... Sonoco Products Company, (Comp) ...... Devens, MA ...... 10/09/09 10/06/09 72545 ...... Century Dodge, Chrysler Jeep, (Wkrs) ...... Wentzville, MO ...... 10/09/09 09/01/24 72546 ...... Carlisle Tire and Wheel, (Wkrs) ...... Carlisle, PA ...... 10/09/09 10/07/09 72547 ...... Arnold Gauge, (Comp) ...... Fairfield, OH ...... 10/09/09 10/06/09 72548 ...... AGC Automotive of Americas Kentucky, (Wkrs) ...... Elizabethtown, KY ...... 10/09/09 10/07/09 72549 ...... Charming Shoppes of Delware, Inc., (Comp) ...... Bensalem, PA ...... 10/09/09 10/07/09 72550 ...... The College House, Inc., (Wkrs) ...... Richmond, VA ...... 10/09/09 10/02/09 72551 ...... American Tube and Paper Company, (Union) ...... Totowa, NJ ...... 10/09/09 10/07/09 72552 ...... Courtesy Chevrolet, (State) ...... Bastrop, LA ...... 10/09/09 10/07/09 72553 ...... Intel Corporation, (Wkrs) ...... Chandler, AZ ...... 10/09/09 09/29/09 72554 ...... General Motors Corporation, (Union) ...... Pontiac, MI ...... 10/09/09 10/06/09 72555 ...... Global Heating Solutions, Inc., (Union) ...... Allegan, MI ...... 10/09/09 10/06/09 72556 ...... Sonus Networks, Inc., (Wkrs) ...... Westford, MA ...... 10/09/09 10/05/09 72557 ...... Johnson Controls, Inc., (Wkrs) ...... Kansas City, MO ...... 10/09/09 09/27/09
[FR Doc. E9–27012 Filed 11–9–09; 8:45 am] Commission plans to consider at the comment on proposed and/or BILLING CODE 4510–FN–P meeting include marine protected areas, continuing information collections, as their status and effectiveness; efforts to required by the Paperwork Reduction protect and recover Hawaiian monk Act of 1995 (Pub. L. 104–13, 44 U.S.C. MARINE MAMMAL COMMISSION seals; research and regulatory actions 3506(c)(2)(A)). affecting spinner dolphins; the Hawaii DATES: All comments should be Sunshine Act Notice Humpback Whale Sanctuary; false killer submitted within 30 calendar days from whales and other odontocetes in the date of this publication. TIME AND DATE: The Marine Mammal Hawaii; and other cetaceans in the ADDRESSES: All comments should be Commission and its Committee of Pacific Islands region. addressed to Jasmeet Seehra, Desk Scientific Advisors on Marine Mammals CONTACT PERSON FOR MORE INFORMATION: Officer for NASA; Office of Information will meet on Wednesday, 2 December Suzanne Montgomery, Special Assistant and Regulatory Affairs; Room 10236; 2009, from 2 p.m. to 6 p.m.; Thursday, to the Executive Director, Marine New Executive Office Building; 3 December 2009, from 8 a.m. to 6 p.m.; Mammal Commission, 4340 East-West Washington, DC 20503. and Friday, 4 December 2009, from 8:30 Highway, Room 700, Bethesda, MD a.m. to 6 p.m. The Commission and the FOR FURTHER INFORMATION CONTACT: 20814; 301–504–0087; e-mail: Requests for additional information or Committee will meet in executive [email protected]. session on Wednesday, 2 December copies of the information collection 2009, from 10:30 a.m. to 12:30 p.m. Dated: November 3, 2009. instrument(s) and instructions should Timothy J. Ragen, be directed to Lori Parker, NASA PLACE: Hilton Waikiki/Prince Kuhio, Clearance Officer, NASA Headquarters, 2500 Kuhio Avenue, Waikiki Beach, Executive Director. 300 E Street, SW., JF0000, Washington, Hawaii 96815; Telephone: 808–921– [FR Doc. E9–26919 Filed 11–9–09; 8:45 am] DC 20546, (202) 358–1351, Lori.Parker- 5570; fax: 808–921–5511. BILLING CODE 6820–31–M [email protected]. STATUS: The executive session will be SUPPLEMENTARY INFORMATION: closed to the public in accordance with the provisions of the Government in the NATIONAL AERONAUTICS AND I. Abstract SPACE ADMINISTRATION Sunshine Act (5 U.S.C. 552b) and NASA will collect information to applicable regulations. The session will [Notice: (09–096)] determine which applicants meet be for internal discussions of process, required selection criteria and to what Notice of Information Collection Under personnel, and the budget of the extent. Ten secondary educators from OMB Review Commission. All other portions of the institutions nation-wide will be selected meeting will be open to the public. AGENCY: National Aeronautics and to participate in the Airborne Research Public participation will be allowed as Space Administration (NASA). Experience for Educators (AREE) project time permits and as determined to be ACTION: based on their experience and desirable by the Chairman. Notice of information collection under OMB review. educational background. MATTERS TO BE CONSIDERED: The Commission and Committee will meet SUMMARY: The National Aeronautics and II. Method of Collection in public session to discuss a broad Space Administration, as part of its Applicants will complete an online range of marine ecosystem and marine continuing effort to reduce paperwork application hosted on the AREE Web mammal matters with a focus on the and respondent burden, invites the site. The application form can be Pacific Islands region. Although subject general public and other Federal downloaded using Adobe software and to change, major issues that the agencies to take this opportunity to submitted electronically using the e-
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mail submit button located on the form. continuing information collections, as Estimated Annual Cost for The collection of information from the required by the Paperwork Reduction Respondents: $0.00. application, resume, and letters of Act of 1995 (Pub. L. 104–13, 44 U.S.C. IV. Request for Comments reference will all occur electronically. 3506(c)(2)(A)). Comments are invited on: (1) Whether III. Data DATES: All comments should be submitted within 30 calendar days from the proposed collection of information Title: Airborne Research Experience the date of this publication. is necessary for the proper performance for Educators (AREE) Application. of the functions of NASA, including ADDRESSES: All comments should be OMB Number: 2700–0137. whether the information collected has addressed to Jasmeet Seehra, Desk Type of Review: New Collection. practical utility; (2) the accuracy of Officer for NASA; Office of Information Affected Public: Individuals or NASA’s estimate of the burden and Regulatory Affairs; Room 10236; households. (including hours and cost) of the New Executive Office Building; Estimated Number of Respondents: proposed collection of information; (3) Washington, DC 20503. 25. ways to enhance the quality, utility, and Estimated Number of Responses per FOR FURTHER INFORMATION CONTACT: clarity of the information to be Respondent: 1. Requests for additional information or collected; and (4) ways to minimize the Estimated Time per Response: 1 hour. copies of the information collection burden of the collection of information Estimated Total Annual Burden instrument(s) and instructions should on respondents, including automated Hours: 25 hours. be directed to Lori Parker, NASA collection techniques or the use of other Clearance Officer, NASA Headquarters, forms of information technology. IV. Request for Comments 300 E Street, SW., JF000, Washington, Comments submitted in response to Comments are invited on: (1) Whether DC 20546, (202) 358–1351, Lori.Parker- this notice will be summarized and the proposed collection of information [email protected]. included in the request for OMB is necessary for the proper performance SUPPLEMENTARY INFORMATION: approval of this information collection. of the functions of NASA, including I. Abstract They will also become a matter of whether the information collected has public record. practical utility; (2) the accuracy of The NASA Office of Education seeks Lori Parker, NASA’s estimate of the burden a generic clearance to administer (including hours and cost) of the surveys through the Office of Education NASA Clearance Officer. proposed collection of information; (3) Performance Measurement (OEPM) [FR Doc. E9–27043 Filed 11–9–09; 8:45 am] ways to enhance the quality, utility, and system. Data Collection through the BILLING CODE P clarity of the information to be OEPM system will be used for reporting collected; and (4) ways to minimize the on Program Assessment Rating Tool burden of the collection of information (PART) measures, Program Analysis and NATIONAL FOUNDATION ON THE on respondents, including automated Evaluation (PA&E), and answering ARTS AND THE HUMANITIES collection techniques or the use of other Congressional inquiries about NASA forms of information technology. education programs. Meetings of Humanities Panel Comments submitted in response to II. Method of Collection AGENCY: National Endowment for the this notice will be summarized and Data collected will be primarily Humanities. included in the request for OMB ACTION: Notice of meetings. approval of this information collection. electronic. Teachers, students, and They will also become a matter of interested members of public who have SUMMARY: Pursuant to the provisions of public record. attended or participated in NASA the Federal Advisory Committee Act funded education events and activities Lori Parker, (Pub. L. 92–463, as amended), notice is will be sent an email with a link that, hereby given that the following NASA Clearance Officer. when clicked, will route the participant meetings of Humanities Panels will be [FR Doc. E9–27041 Filed 11–9–09; 8:45 am] to the relevant survey. held at the Old Post Office, 1100 BILLING CODE P At events where computers might not Pennsylvania Avenue, NW., be available, a paper version of a select Washington, DC 20506. number of surveys will be available. FOR FURTHER INFORMATION CONTACT: NATIONAL AERONAUTICS AND Surveys will be scanned into the OEPM SPACE ADMINISTRATION system through a fax machine or Michael P. McDonald, Advisory scanner. Committee Management Officer, [Notice: (09–095)] National Endowment for the III. Data Humanities, Washington, DC 20506; Notice of Information Collection Under telephone (202) 606–8322. Hearing- OMB Review Title: NASA Office of Education Generic Collection. impaired individuals are advised that AGENCY: National Aeronautics and OMB Number: 2700–XXXX. information on this matter may be Space Administration (NASA). Type of Review: New collection. obtained by contacting the Endowment’s TDD terminal on (202) ACTION: Notice of information collection Affected Public: Individuals or under OMB review. households. 606–8282. Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: The SUMMARY: The National Aeronautics and 400,000. proposed meetings are for the purpose Space Administration, as part of its Estimated Number of Responses per of panel review, discussion, evaluation continuing effort to reduce paperwork Respondent: 1. and recommendation on applications and respondent burden, invites the Estimated Time per Response: .25–.50 for financial assistance under the general public and other Federal hour. National Foundation on the Arts and the agencies to take this opportunity to Estimated Total Annual Burden Humanities Act of 1965, as amended, comment on proposed and/or Hours: 103,458 hours. including discussion of information
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given in confidence to the agency by the Conference Room, LJ–220, 101 Programs at the August 20, 2009 grant applicants. Because the proposed Independence Avenue, SE., deadline. meetings will consider information that Washington, DC 20540. Michael P. McDonald, is likely to disclose trade secrets and Program: This meeting will review Advisory Committee, Management Officer. commercial or financial information applications for Kluge Fellowships, obtained from a person and privileged submitted to the Division of Research [FR Doc. E9–27021 Filed 11–9–09; 8:45 am] or confidential and/or information of a Programs at the July 15, 2009 deadline. BILLING CODE 7536–01–P personal nature the disclosure of which 7. Date: December 7, 2009. would constitute a clearly unwarranted Time: 9 a.m. to 5 p.m. invasion of personal privacy, pursuant Room: Room 402. NUCLEAR REGULATORY COMMISSION to authority granted me by the Program: This meeting will review Chairman’s Delegation of Authority to applications for Digital Start Up Grants, [NRC–2009–0473] Close Advisory Committee meetings, submitted to the Office of Digital dated July 19, 1993, I have determined Humanities at the October 6, 2009 Notice; Applications and Amendments that these meetings will be closed to the deadline. to Facility Operating Licenses public pursuant to subsections (c)(4), 8. Date: December 8, 2009. Involving Proposed No Significant and (6) of section 552b of Title 5, United Time: 9 a.m. to 5 p.m. Hazards Considerations and States Code. Containing Sensitive Unclassified Non- Room: Room 402. 1. Date: December 1, 2009. Safeguards Information and Order Time: 8:30 a.m. to 5 p.m. Program: This meeting will review Imposing Procedures for Access to Room: 415. applications for Digital Start Up Grants, Sensitive Unclassified Non-Safeguards Program: This meeting will review submitted to the Office of Digital Information applications for Research and Humanities at the October 6, 2009 Development in Preservation and deadline. I. Background Access Humanities Collection and 9. Date: December 8, 2009. Pursuant to section 189a.(2) of the Reference Resources, submitted to the Time: 8:30 a.m. to 5 p.m. Atomic Energy Act of 1954, as amended Division of Preservation and Access at Room: 415. (the Act), the U.S. Nuclear Regulatory the July 15, 2009 deadline. Program: This meeting will review Commission (the Commission or NRC 2. Date: December 1, 2009. applications for Art and Architecture in staff) is publishing this notice. The Act Time: 8:30 a.m. to 5 p.m. Preservation and Access Humanities requires the Commission to publish Room: 315. Collection and Reference Resources, notice of any amendments issued, or Program: This meeting will review submitted to the Division of proposed to be issued and grants the applications for Enduring Questions: Preservation and Access at the July 15, Commission the authority to issue and Pilot Course Grants, submitted to the 2009 deadline. make immediately effective any Division of Education Programs at the 10. Date: December 9, 2009. amendment to an operating license September 15, 2009 deadline. 3. Date: December 1, 2009. Time: 9 a.m. to 5 p.m. upon a determination by the Time: 8:30 a.m. to 5 p.m. Room: Room 402. Commission that such amendment Room: Library of Congress, Jefferson Program: This meeting will review involves no significant hazards Building, African and Middle Eastern applications for Digital Start Up Grants, consideration, notwithstanding the Conference Room, LJ–220, 101 submitted to the Office of Digital pendency before the Commission of a Independence Avenue, SE., Humanities at the October 6, 2009 request for a hearing from any person. Washington, DC 20540. deadline. This notice includes notices of Program: This meeting will review 11. Date: December 10, 2009. amendments containing sensitive applications for Kluge Fellowships, Time: 9 a.m. to 5 p.m. unclassified non-safeguards information submitted to the Division of Research Room: Room 402. (SUNSI). Programs at the July 15, 2009 deadline. Program: This meeting will review The Commission has made a 4. Date: December 2, 2009. applications for Digital Start Up Grants, proposed determination that the Time: 9 a.m. to 5 p.m. submitted to the Office of Digital following amendment requests involve Room: 402. Humanities at the October 6, 2009 no significant hazards consideration. Program: This meeting will review deadline. Under the Commission’s regulations in Title 10 of the Code of Federal applications for Digital Humanities Start 12. Date: December 10, 2009. Up Grants, submitted to the Office of Regulations (10 CFR), Section 50.92, Time: 8:30 a.m. to 5 p.m. this means that operation of the facility Digital Humanities at the October 6, Room: 415. 2009 deadline. in accordance with the proposed Program: This meeting will review 5. Date: December 3, 2009. amendment would not (1) involve a Time: 8:30 a.m. to 5 p.m. applications for American Studies II in significant increase in the probability or Room: 415. Preservation and Access Humanities consequences of an accident previously Program: This meeting will review Collection and Reference Resources, evaluated; or (2) create the possibility of applications for American Studies I in submitted to the Division of a new or different kind of accident from Preservation and Access Humanities Preservation and Access at the July 15, any accident previously evaluated; or Collection and Reference Resources, 2009 deadline. (3) involve a significant reduction in a submitted to the Division of 13. Date: December 16, 2009. margin of safety. The basis for this Preservation and Access at the July 15, Time: 8:30 a.m. to 5 p.m. proposed determination for each 2009 deadline. Room: 315. amendment request is shown below. 6. Date: December 3, 2009. Program: This meeting will review The Commission is seeking public Time: 8:30 a.m. to 5 p.m. applications for Fellowship Programs at comments on this proposed Room: Library of Congress, Jefferson Independent Research Institutions, determination. Any comments received Building, African and Middle Eastern submitted to the Division of Research within 30 days after the date of
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publication of this notice will be will be accessible from the Agencywide requestor who fails to satisfy these considered in making any final Documents Access and Management requirements with respect to at least one determination. System’s (ADAMS) Public Electronic contention will not be permitted to Normally, the Commission will not Reading Room on the Internet at the participate as a party. issue the amendment until the NRC Web site, http://www.nrc.gov/ Those permitted to intervene become expiration of 60 days after the date of reading-rm.html. If a request for a parties to the proceeding, subject to any publication of this notice. The hearing or petition for leave to intervene limitations in the order granting leave to Commission may issue the license is filed within 60 days, the Commission intervene, and have the opportunity to amendment before expiration of the or a presiding officer designated by the participate fully in the conduct of the 60-day period provided that its final Commission or by the Chief hearing. determination is that the amendment Administrative Judge of the Atomic If a hearing is requested, and the involves no significant hazards Safety and Licensing Board Panel, will Commission has not made a final consideration. In addition, the rule on the request and/or petition; and determination on the issue of no Commission may issue the amendment the Secretary or the Chief significant hazards consideration, the prior to the expiration of the 30-day Administrative Judge of the Atomic Commission will make a final comment period should circumstances Safety and Licensing Board will issue a determination on the issue of no change during the 30-day comment notice of a hearing or an appropriate significant hazards consideration. The period such that failure to act in a order. final determination will serve to decide timely way would result, for example in As required by 10 CFR 2.309, a when the hearing is held. If the final derating or shutdown of the facility. petition for leave to intervene shall set determination is that the amendment Should the Commission take action forth with particularity the interest of request involves no significant hazards prior to the expiration of either the the petitioner in the proceeding, and consideration, the Commission may comment period or the notice period, it how that interest may be affected by the issue the amendment and make it will publish in the Federal Register a results of the proceeding. The petition immediately effective, notwithstanding notice of issuance. Should the should specifically explain the reasons the request for a hearing. Any hearing Commission make a final No Significant why intervention should be permitted held would take place after issuance of Hazards Consideration Determination, with particular reference to the the amendment. If the final any hearing will take place after following general requirements: (1) The determination is that the amendment issuance. The Commission expects that name, address, and telephone number of request involves a significant hazards the need to take this action will occur the requestor or petitioner; (2) the consideration, any hearing held would very infrequently. nature of the requestor’s/petitioner’s take place before the issuance of any Written comments may be submitted right under the Act to be made a party amendment. by mail to the Chief, Rulemaking and to the proceeding; (3) the nature and All documents filed in NRC Directives Branch (RDB), TWB–05– extent of the requestor’s/petitioner’s adjudicatory proceedings, including a B01M, Division of Administrative property, financial, or other interest in request for hearing, a petition for leave Services, Office of Administration, U.S. the proceeding; and (4) the possible to intervene, any motion or other Nuclear Regulatory Commission, effect of any decision or order which document filed in the proceeding prior Washington, DC 20555–0001, and may be entered in the proceeding on the to the submission of a request for should cite the publication date and requestor’s/petitioner’s interest. The hearing or petition to intervene, and page number of this Federal Register petition must also set forth the specific documents filed by interested notice. Written comments may also be contentions which the petitioner/ governmental entities participating faxed to the RDB at 301–492–3446. requestor seeks to have litigated at the under 10 CFR 2.315(c), must be filed in Documents may be examined, and/or proceeding. accordance with the NRC E-Filing rule, copied for a fee, at the NRC’s Public Each contention must consist of a which the NRC promulgated in the Document Room (PDR), located at One specific statement of the issue of law or Federal Register on August 28, 2007 (72 White Flint North, Public File Area O1 fact to be raised or controverted. In FR 49139). The E-Filing process requires F21, 11555 Rockville Pike (first floor), addition, the petitioner/requestor shall participants to submit and serve all Rockville, Maryland. provide a brief explanation of the bases adjudicatory documents over the Within 60 days after the date of for the contention and a concise Internet, or in some cases to mail copies publication of this notice, any person(s) statement of the alleged facts or expert on electronic storage media. Participants whose interest may be affected by this opinion which support the contention may not submit paper copies of their action may file a request for a hearing and on which the petitioner/requestor filings unless they seek an exemption in and a petition to intervene with respect intends to rely in proving the contention accordance with the procedures to issuance of the amendment to the at the hearing. The petitioner/requestor described below. subject facility operating license. must also provide references to those To comply with the procedural Requests for a hearing and a petition for specific sources and documents of requirements of E-Filing, at least ten leave to intervene shall be filed in which the petitioner is aware and on (10) days prior to the filing deadline, the accordance with the Commission’s which the petitioner/requestor intends petitioner/requestor should contact the ‘‘Rules of Practice for Domestic to rely to establish those facts or expert Office of the Secretary by e-mail at Licensing Proceedings’’ in 10 CFR Part opinion. The petition must include [email protected], or by calling 2. Interested person(s) should consult a sufficient information to show that a 301–415–1677, to request (1) a digital ID current copy of 10 CFR 2.309, which is genuine dispute exists with the certificate, which allows the participant available at the Commission’s PDR, applicant on a material issue of law or (or its counsel or representative) to located at One White Flint North, Public fact. Contentions shall be limited to digitally sign documents and access the File Area 01F21, 11555 Rockville Pike matters within the scope of the E-Submittal server for any proceeding in (first floor), Rockville, Maryland, or at amendment under consideration. The which it is participating; and/or (2) http://www.nrc.gov/reading-rm/doc- contention must be one which, if creation of an electronic docket for the collections/cfr/part002/part002- proven, would entitle the petitioner/ proceeding (even in instances in which 0309.html. Publicly available records requestor to relief. A petitioner/ the petitioner/requestor (or its counsel
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or representative) already holds an NRC- exemption request, in accordance with site, http://www.nrc.gov/reading-rm/ issued digital ID certificate). Each 10 CFR 2.302(g), with their initial paper adams.html. If you do not have access petitioner/requestor will need to filing requesting authorization to to ADAMS or if there are problems in download the Workplace Forms continue to submit documents in paper accessing the documents located in ViewerTM to access the Electronic format. Such filings must be submitted ADAMS, contact the PDR Reference Information Exchange (EIE), a by: (1) First class mail addressed to the staff at 1–800–397–4209, 301–415–4737, component of the E-Filing system. The Office of the Secretary of the or by e-mail to [email protected]. Workplace Forms ViewerTM is free and Commission, U.S. Nuclear Regulatory is available at http://www.nrc.gov/site- Commission, Washington, DC 20555– Carolina Power & Light Company, et al., help/e-submittals/install-viewer.html. 0001, Attention: Rulemaking and Docket No. 50–400, Shearon Harris Information about applying for a digital Adjudications Staff; or (2) courier, Nuclear Power Plant, Unit 1, Wake and ID certificate is available on NRC’s express mail, or expedited delivery Chatham Counties, North Carolina public Web site at http://www.nrc.gov/ service to the Office of the Secretary, Date of amendment request: July 21, site-help/e-submittals/apply- Sixteenth Floor, One White Flint North, 2009. certificates.html. 11555 Rockville Pike, Rockville, Description of amendment request: Once a petitioner/requestor has Maryland 20852, Attention: Rulemaking This amendment request contains obtained a digital ID certificate, had a and Adjudications Staff. Participants sensitive unclassified non-safeguards docket created, and downloaded the EIE filing a document in this manner are information (SUNSI). The proposed viewer, it can then submit a request for responsible for serving the document on amendment would revise Technical hearing or petition for leave to all other participants. Filing is Specification Section 6.9.1.6 to add the intervene. Submissions should be in considered complete by first-class mail NRC-approved topical report (TR) EMF– Portable Document Format (PDF) in as of the time of deposit in the mail, or 23 10(P)(A), ‘‘SRP Chapter 15 Non- accordance with NRC guidance by courier, express mail, or expedited LOCA [Loss-of-Coolant Accident] available on the NRC public Web site at delivery service upon depositing the Methodology for Pressurized Water http://www.nrc.gov/site-help/e- document with the provider of the Reactors,’’ to the Core Operating Limits submittals.html. A filing is considered service. Report methodologies list. This change complete at the time the filer submits its Non-timely requests and/or petitions will allow the use of thermal-hydraulic documents through EIE. To be timely, and contentions will not be entertained computer analysis code, S–RELAP5 for an electronic filing must be submitted to absent a determination by the Final Safety Analysis Report (FSAR) the EIE system no later than 11:59 p.m. Commission, the presiding officer, or Chapter 15 non-LOCA transients in the Eastern Time on the due date. Upon the Atomic Safety and Licensing Board Shearon Harris Nuclear Power Plant, receipt of a transmission, the E-Filing that the request and/or petition should Unit 1 (HNP) safety analyses. Topical system time-stamps the document and be granted and/or the contentions Report EMF–23 10(P)(A), Revision 0, sends the submitter an e-mail notice should be admitted, based on a was approved by the NRC on May 11, confirming receipt of the document. The balancing of the factors specified in 10 2001, for the application of the S– EIE system also distributes an e-mail CFR 2.309(c)(1)(i)–(viii). RELAP5 thermal-hydraulic computer Documents submitted in adjudicatory notice that provides access to the analysis code to FSAR Chapter 15 non- proceedings will appear in NRC’s document to the NRC Office of the LOCA transients. Revision 1 of TR electronic hearing docket which is General Counsel and any others who EMF–23 10(P)(A), approved by the NRC available to the public at http:// have advised the Office of the Secretary on May 19, 2004, updated Section 5.6 of ehd.nrc.gov/ehd_proceeding/home.asp, that they wish to participate in the the topical report. proceeding, so that the filer need not unless excluded pursuant to an order of Basis for proposed no significant serve the documents on those the Commission, an Atomic Safety and hazards consideration determination: participants separately. Therefore, Licensing Board, or a Presiding Officer. As required by 10 CFR 50.91(a), the applicants and other participants (or Participants are requested not to include licensee has provided its analysis of the their counsel or representative) must personal privacy information, such as issue of no significant hazards apply for and receive a digital ID social security numbers, home consideration, which is presented certificate before a hearing request/ addresses, or home phone numbers in below: petition to intervene is filed so that they their filings, unless an NRC regulation can obtain access to the document via or other law requires submission of such 1. Does the proposed change involve a the E-Filing system. information. With respect to significant increase in the probability or A person filing electronically using copyrighted works, except for limited consequences of an accident previously the agency’s adjudicatory e-filing system excerpts that serve the purpose of the evaluated? may seek assistance through the adjudicatory filings and would Response: No. The topical report has been reviewed and ‘‘Contact Us’’ link located on the NRC constitute a Fair Use application, approved by the NRC for use in determining Web site at http://www.nrc.gov/site- participants are requested not to include core operating limits. The core operating help/e-submittals.html or by calling the copyrighted materials in their limits to be developed using the new NRC electronic filing Help Desk, which submission. methodologies for HNP will be established in is available between 8 a.m. and 8 p.m., For further details with respect to this accordance with the applicable limitations as Eastern Time, Monday through Friday, amendment action, see the application documented in the NRC Safety Evaluation excluding government holidays. The for amendment which is available for Reports. In the May 11, 2001, NRC SE, the toll-free help line number is 1–866– public inspection at the Commission’s NRC concluded that the S–RELAP5 code is 672–7640. A person filing electronically PDR, located at One White Flint North, capable of addressing the thermal-hydraulic Public File Area O1 F21, 11555 response of the target non-LOCA events in a may also seek assistance by sending an conservative manner and is therefore an e-mail to the NRC electronic filing Help Rockville Pike (first floor), Rockville, acceptable replacement for the ANF RELAP Desk at [email protected]. Maryland. Publicly available records code. The May 19, 2004, SE for Revision 1 Participants who believe that they will be accessible electronically from to EMF–23 10(P)(A), concluded that the code have a good cause for not submitting the ADAMS Public Electronic Reading remained acceptable for use for the non- documents electronically must file an Room on the Internet at the NRC Web LOCA events.
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The proposed change, by itself, does not methodologies, the specific design changes the Office of the Secretary and the impact the current design bases. The will be evaluated in accordance with HNP Office of the General Counsel are proposed change enables the use of new design change procedures and 10 CFR 50.59. [email protected] and methodology to re-analyze certain events. Any potential reduction in the margin of [email protected], respectively.1 Revised analyses may either result in safety would be evaluated for that specific continued conformance with design bases or design change. The request must include the following may change the design bases. If design basis Therefore, this amendment does not information: changes result from a revised analysis, the involve a significant reduction in the margin (1) A description of the licensing specific design changes will be evaluated in of safety. action with a citation to this Federal accordance with HNP design change The NRC staff has reviewed the Register notice; procedures and 10 CFR 50.59. licensee’s analysis and, based on this (2) The name and address of the The proposed change does not involve review, it appears that the three potential party and a description of the physical changes to any plant structure, potential party’s particularized interest system, or component. Therefore, the standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff that could be harmed by the action probability of occurrence for a previously identified in C.(1); analyzed accident is not significantly proposes to determine that the (3) The identity of the individual or increased. amendment request involves no entity requesting access to SUNSI and The consequences of a previously analyzed significant hazards consideration. accident are dependent on the initial Attorney for licensee: David T. the requester’s basis for the need for the conditions assumed for the analysis, the Conley, Associate General Counsel II— information in order to meaningfully behavior of the fission product barriers Legal Department, Progress Energy participate in this adjudicatory during the analyzed accident, the availability Service Company, LLC, Post Office Box proceeding. In particular, the request and successful functioning of the equipment must explain why publicly-available assumed to operate in response to the 1551, Raleigh, North Carolina 27602. NRC Branch Chief: Thomas H. Boyce. versions of the information requested analyzed event, and the setpoints at which would not be sufficient to provide the these actions are initiated. The proposed Order Imposing Procedures for Access basis and specificity for a proffered methodologies will ensure that the plant to Sensitive Unclassified Non- continues to meet applicable design and contention; safety analyses acceptance criteria. The Safeguards Information for Contention D. Based on an evaluation of the proposed change does not affect the Preparation information submitted under paragraph performance of any equipment used to Carolina Power & Light Company, et al., C.(3) the NRC staff will determine mitigate the consequences of an analyzed Docket No. 50–400, Shearon Harris within 10 days of receipt of the request accident. As a result, no analysis Nuclear Power Plant, Unit 1, Wake and whether: assumptions are impacted and there are no (1) There is a reasonable basis to Chatham Counties, North Carolina adverse effects on the factors that contribute believe the petitioner is likely to to offsite or onsite dose as a result of an A. This Order contains instructions establish standing to participate in this accident. The proposed change does not regarding how potential parties to this affect setpoints that initiate protective or NRC proceeding; and proceeding may request access to (2) The requestor has established a mitigative actions. The proposed change documents containing Sensitive ensures that plant structures, systems, and legitimate need for access to SUNSI. components are maintained consistent with Unclassified Non-Safeguards E. If the NRC staff determines that the the safety analysis and licensing bases. Information (SUNSI). requestor satisfies both D.(1) and D.(2) Therefore, this amendment does not B. Within 10 days after publication of above, the NRC staff will notify the involve a significant increase in the this notice of hearing and opportunity to requestor in writing that access to probability or consequences of a previously petition for leave to intervene, any SUNSI has been granted. The written analyzed accident. potential party who believes access to notification will contain instructions on 2. Does the proposed change create the SUNSI is necessary to respond to this how the requestor may obtain copies of possibility of a new or different kind of notice may request such access. A the requested documents, and any other accident from any accident previously ‘‘potential party’’ is any person who evaluated? conditions that may apply to access to Response: No. intends to participate as a party by those documents. These conditions may The proposed change does not involve any demonstrating standing and filing an include, but are not limited to, the physical alteration of plant systems, admissible contention under 10 CFR signing of a Non-Disclosure Agreement structures, or components, other than 2.309. Requests for access to SUNSI or Affidavit, or Protective Order 2 setting allowing for fuel design in accordance with submitted later than 10 days after forth terms and conditions to prevent NRC approved methodologies. No new or publication will not be considered the unauthorized or inadvertent different equipment is being installed. No absent a showing of good cause for the disclosure of SUNSI by each individual installed equipment is being operated in a late filing, addressing why the request who will be granted access to SUNSI. different manner. There is no change to the could not have been filed earlier. F. Filing of Contentions. Any parameters within which the plant is C. The requester shall submit a letter normally operated or in the setpoints that contentions in these proceedings that initiate protective or mitigative actions. As a requesting permission to access SUNSI are based upon the information received result, no new failure modes are being to the Office of the Secretary, U.S. as a result of the request made for introduced. Nuclear Regulatory Commission, SUNSI must be filed by the requestor no Therefore, the proposed change will not Washington, DC 20555–0001, Attention: create the possibility of a new or different Rulemakings and Adjudications Staff, 1 While a request for hearing or petition to kind of accident from any accident and provide a copy to the Associate intervene in this proceeding must comply with the previously evaluated. General Counsel for Hearings, filing requirements of the NRC’s ‘‘E-Filing Rule,’’ the initial request to access SUNSI under these 3. Does the proposed change involve a Enforcement and Administration, Office significant reduction in a margin of safety? procedures should be submitted as described in this of the General Counsel, Washington, DC paragraph. Response: No. 2 There is no impact on any margin of safety 20555–0001. The expedited delivery or Any motion for Protective Order or draft Non- courier mail address for both offices is: Disclosure Affidavit or Agreement for SUNSI must resulting from the incorporation of this new be filed with the presiding officer or the Chief topical report into the Technical U.S. Nuclear Regulatory Commission, Administrative Judge if the presiding officer has not Specifications. If design basis changes result 11555 Rockville Pike, Rockville, yet been designated, within 30 days of the deadline from a revised analysis that uses these new Maryland 20852. The e-mail address for for the receipt of the written access request.
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later than 25 days after the requestor is has been appointed, the Chief such NRC staff determinations (whether granted access to that information. Administrative Judge, or if he or she is granting or denying access) is governed However, if more than 25 days remain unavailable, another administrative by 10 CFR 2.311.3 between the date the petitioner is judge, or an administrative law judge I. The Commission expects that the granted access to the information and with jurisdiction pursuant to 10 CFR NRC staff and presiding officers (and the deadline for filing all other 2.318(a); or (c) if another officer has any other reviewing officers) will contentions (as established in the notice been designated to rule on information consider and resolve requests for access of hearing or opportunity for hearing), access issues, with that officer. to SUNSI, and motions for protective the petitioner may file its SUNSI H. Review of Grants of Access. A party orders, in a timely fashion in order to contentions by that later deadline. other than the requester may challenge minimize any unnecessary delays in G. Review of Denials of Access. an NRC staff determination granting identifying those petitioners who have (1) If the request for access to SUNSI access to SUNSI whose release would standing and who have propounded is denied by the NRC staff either after harm that party’s interest independent contentions meeting the specificity and a determination on standing and need of the proceeding. Such a challenge basis requirements in 10 CFR Part 2. for access, or after a determination on must be filed with the Chief Attachment 1 to this Order summarizes trustworthiness and reliability, the NRC Administrative Judge within 5 days of the general target schedule for staff shall immediately notify the the notification by the NRC staff of its processing and resolving requests under requestor in writing, briefly stating the grant of access. these procedures. reason or reasons for the denial. If challenges to the NRC staff It is so ordered. (2) The requester may challenge the determinations are filed, these NRC staff’s adverse determination by procedures give way to the normal Dated at Rockville, Maryland, this 30th day filing a challenge within 5 days of process for litigating disputes of October 2009. receipt of that determination with: (a) concerning access to information. The For the Nuclear Regulatory Commission. The presiding officer designated in this availability of interlocutory review by Annette L. Vietti-Cook, proceeding; (b) if no presiding officer the Commission of orders ruling on Secretary of the Commission.
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day Event/activity
0 ...... Publication of FEDERAL REGISTER notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 10 ...... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with informa- tion: Supporting the standing of a potential party identified by name and address; describing the need for the informa- tion in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60 ...... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formu- lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 20 ...... Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for ac- cess provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins docu- ment processing (preparation of redactions or review of redacted documents). 25 ...... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding offi- cer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 30 ...... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 ...... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Dis- closure Agreement for SUNSI. A ...... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for ac- cess to sensitive information (including schedule for providing access and submission of contentions) or decision re- versing a final adverse determination by the NRC staff. A + 3 ...... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the pro- tective order. A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other con- tentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. A + 53 ...... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60 ...... Decision on contention admission. A ...... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for ac- cess to sensitive information (including schedule for providing access and submission of contentions) or decision re- versing a final adverse determination by the NRC staff. A + 3 ...... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the pro- tective order.
3 Requesters should note that the filing staff determinations (because they must be served applicable), but not to the initial SUNSI request requirements of the NRC’s E-Filing Rule (72 FR on a presiding officer or the Commission, as submitted to the NRC staff under these procedures. 49139; August 28, 2007) apply to appeals of NRC
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ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued
Day Event/activity
A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other con- tentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. A + 53 ...... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60 ...... Decision on contention admission.
[FR Doc. E9–26812 Filed 11–9–09; 8:45 am] authorized to grant the exemption significant increase in occupational or BILLING CODE 7590–01–P pursuant to 10 CFR 26.9. public radiation exposure. Therefore, The proposed action is in accordance there are no significant radiological with the licensee’s request dated environmental impacts associated with NUCLEAR REGULATORY September 18, 2009 (Agencywide the proposed action. COMMISSION Documents Access and Management With regard to potential non- System (ADAMS) Accession No. radiological impacts, the proposed [NRC–2009–0491; Docket No. 50–315] ML092680722), as supplemented by action does not have any foreseeable letter dated October 15, 2009 (ADAMS impacts to land, air, or water resources, Indiana Michigan Power Company, Accession No. ML092990410). Donald C. Cook Nuclear Plant, Unit 1; including impacts to biota. In addition, Environmental Assessment and The Need for the Proposed Action there are also no known socioeconomic Finding of No Significant Impact or environmental justice impacts The proposed action is requested to associated with such proposed action. The U.S. Nuclear Regulatory support restart activities for CNP–1 from Therefore, there are no significant non- Commission (NRC) is considering the current extended forced outage radiological environmental impacts issuance of an exemption from Title 10 which began on September 20, 2008, as associated with the proposed action. of the Code of Federal Regulations (10 a result of a main turbine failure. Operations and maintenance personnel Accordingly, the NRC concludes that CFR) part 50, § 26.205(d)(4) [10 CFR there are no significant environmental 2.205(d)(4)], for Facility Operating are subject to the new working hour limitations specified in 10 CFR part 26, impacts associated with the proposed License No. DPR–58, issued to Indiana action. Michigan Power Company (the subpart I, implemented by the licensee licensee), for operation of the Donald C. on October 1, 2009. Since CNP–1 has Environmental Impacts of the Cook Nuclear Plant, Unit 1 (CNP–1), been in its current outage for over one Alternatives to the Proposed Action year, the less restrictive work hour located in Berrien County. Therefore, as As an alternative to the proposed required by 10 CFR 51.21, the NRC is requirements of 10 CFR 26.205(d)(4) would not be available to accommodate action, the staff considered denial of the issuing this environmental assessment proposed action (i.e., the ‘‘no-action’’ and finding of no significant impact. the increased workload associated with restart of CNP–1, as those requirements alternative). Denial of the application Environmental Assessment are only available for the first 60 days would result in no change in current environmental impacts. Therefore, the Identification of the Proposed Action of a unit outage. The licensee has requested a one-time environmental impacts of the proposed The proposed action is a one-time scheduler exemption to allow use of the action and the alternative action are scheduler exemption from the work hour limitations specified in 10 similar. requirements of 10 CFR 26.205(d)(4). CFR 26.205(d)(4) to support restart Alternative Use of Resources Under routine work conditions, activities from the current CNP–1 licensees shall ensure that work hour extended outage. The action does not involve the use of schedules for certain individuals meet any different resources than those the requirements as specified in 10 CFR Environmental Impacts of the Proposed previously considered in the Final 26.205(d)(3). The regulations permit Action Environmental Statement related to licensees to use less restrictive work The NRC has completed its evaluation operation of the Donald C. Cook Nuclear hour limits as specified in 10 CFR of the proposed action and concludes Plant, Units 1 and 2, dated August 1973, 26.205(d)(4) during the first 60 days of that there are no environmental impacts and the Generic Environmental Impact a unit outage. The proposed exemption associated with the proposed Statement for License Renewal of the would allow the less restrictive working exemption. The details of the staff’s Donald C. Cook Nuclear Plant, Units 1 hour limitations during a 60-day period safety evaluation will be provided in the and 2 (NUREG–1437, Supplement 20), that will encompass restart of CNP–1 exemption that will be issued as part of dated May 2005. from its current extended outage and the letter to the licensee approving the Agencies and Persons Consulted would apply only to operations and exemption to the regulation. maintenance personnel. Because CNP–1 The proposed action will not On October 19, 2009, the staff entered its current outage in September significantly increase the probability or consulted with the Michigan State 2008 and the first sixty days of the consequences of accidents. No changes official, Mr. Ken Yale, of the Michigan outage have elapsed, the less restrictive are being made in the types of effluents Department of Environmental Quality, work hours of 10 CFR 26.205(d)(4) to that may be released offsite. There is no regarding the environmental impact of support unit restart would not apply significant increase in the amount of the proposed action. The State official absent the exemption. The NRC is any effluent released offsite. There is no had no comments.
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Finding of No Significant Impact The Subcommittee will discuss Tuesday, December 1, 2009—2:30 p.m.– On the basis of the environmental proposed ACRS activities and related 4:30 p.m. matters. The Subcommittee will gather assessment, the NRC concludes that the The Subcommittee will review the information, analyze relevant issues and proposed action will not have a Draft Final Revision 1 to Regulatory facts, and formulate proposed positions significant effect on the quality of the Guide 1.151 (DG–1178), ‘‘Instrument and actions, as appropriate, for human environment. Accordingly, the Sensing Lines,’’ and related matters. The deliberation by the full Committee. NRC has determined not to prepare an Subcommittee will hear presentations environmental impact statement for the Members of the public desiring to by and hold discussions with proposed action. provide oral statements and/or written representatives of the NRC staff, and For further details with respect to the comments should notify the Designated other interested persons regarding these proposed action, see the licensee’s letter Federal Officer (DFO), Mr. Sam matters. The Subcommittee will gather dated September 18, 2009. Documents Duraiswamy, (Telephone: 301–415– information, analyze relevant issues and may be examined, and/or copied for a 7364, E-mail: facts, and formulate proposed positions fee, at the NRC’s Public Document [email protected]) five days and actions, as appropriate, for Room (PDR), located at One White Flint prior to the meeting, if possible, so that deliberation by the full Committee. North, Public File Area O1 F21, 11555 appropriate arrangements can be made. Members of the public desiring to Rockville Pike (first floor), Rockville, Electronic recordings will be permitted provide oral statements and/or written Maryland. Publicly available records only during those portions of the comments should notify the Designated will be accessible electronically from meeting that are open to the public. Federal Official (DFO), Zena Abdullahi the ADAMS Public Electronic Reading Detailed procedures for the conduct of (Telephone: 301–415–8716, E-mail: Room on the Internet at the NRC Web and participation in ACRS meetings [email protected]), five days site, http://www.nrc.gov/reading-rm/ were published in the Federal Register prior to the meeting, if possible, so that adams.html. Persons who do not have on October 14, 2009, (74 FR 52829– appropriate arrangements can be made. access to ADAMS or who encounter 52830). Thirty-five hard copies of each problems in accessing the documents Detailed meeting agendas and meeting presentation or handout should be located in ADAMS should contact the transcripts are available on the NRC provided to the DFO thirty minutes NRC PDR Reference staff by telephone Web site at: http://www.nrc.gov/reading- before the meeting. In addition, one at 1–800–397–4209 or 301–415–4737, or rm/doc-collections/acrs. Information electronic copy of each presentation send an e-mail to [email protected]. regarding topics to be discussed, should be emailed to the DFO one day Dated at Rockville, Maryland, this 4th day changes to the agenda, whether the before the meeting. If an electronic copy of November 2009. meeting has been canceled or cannot be provided within this For The Nuclear Regulatory Commission. rescheduled, and the time allotted to timeframe, presenters should provide Terry A. Beltz, present oral statements can be obtained the DFO with a CD containing each Senior Project Manager, Plant Licensing by contacting the DFO. Moreover, in presentation at least 30 minutes before Branch III–1, Division of Operating Reactor view of the possibility that the schedule the meeting. Electronic recordings will Licensing, Office of Nuclear Reactor for ACRS meetings may be adjusted by be permitted only during those portions Regulation. the Chairman as necessary to facilitate of the meeting that are open to the [FR Doc. E9–27057 Filed 11–9–09; 8:45 am] the conduct of the meeting, persons public. Detailed procedures for the BILLING CODE 7590–01–P planning to attend should check with conduct of and participation in ACRS the DFO if such rescheduling would meetings were published in the Federal result in major inconvenience. Register on October 14, 2009, (74 FR NUCLEAR REGULATORY Dated: November 3, 2009. 52829–52830). COMMISSION Cayetano Santos, Detailed meeting agendas and meeting transcripts are available on the NRC Advisory Committee on Reactor Chief, Reactor Safety Branch A, Advisory Committee on Reactor Safeguards. Web site at: http://www.nrc.gov/reading- Safeguards (ACRS) Subcommittee rm/doc-collections/acrs. Information [FR Doc. E9–27068 Filed 11–9–09; 8:45 am] Meeting on Planning and Procedures; regarding topics to be discussed, Notice of Meeting BILLING CODE 7590–01–P changes to the agenda, whether the meeting has been canceled or The ACRS Subcommittee on Planning rescheduled, and the time allotted to and Procedures will hold a meeting on NUCLEAR REGULATORY present oral statements can be obtained December 2, 2009, Room T2–B1, 11545 COMMISSION from the website cited above or by Rockville Pike, Rockville, Maryland. contacting the identified DFO. The entire meeting will be open to Advisory Committee on Reactor Safeguards Meeting of the ACRS Moreover, in view of the possibility that public attendance, with the exception of the schedule for ACRS meetings may be a portion that may be closed pursuant Subcommittee on Regulatory Policies and Practices; Notice of Meeting adjusted by the Chairman as necessary to 5 U.S.C. 552b(c)(2) and (6) to discuss to facilitate the conduct of the meeting, organizational and personnel matters The ACRS Subcommittee on persons planning to attend should check that relate solely to the internal Regulatory Policies and Practices will with these references if such personnel rules and practices of the hold a meeting on December 1, 2009, in rescheduling would result in major ACRS, and information the release of Room T2–B3, Two White Flint North, inconvenience. which would constitute a clearly 11545 Rockville Pike, Rockville, unwarranted invasion of personal Date: November 3, 2009. Maryland. privacy. Antonio F. Dias, The agenda for the subject meeting The entire meeting will be open to Chief, Reactor Safety Branch B, Advisory shall be as follows: public attendance. Committee on Reactor Safeguards. Wednesday, December 2, 2009, 2:30 The agenda for the subject meeting [FR Doc. E9–27066 Filed 11–9–09; 8:45 am] p.m.–3:30 p.m. shall be as follows: BILLING CODE 7590–01–P
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NUCLEAR REGULATORY The NRC Commission Meeting Technical Specifications (STS) with COMMISSION Schedule can be found on the Internet respect to limiting safety system settings at: http://www.nrc.gov/about-nrc/policy- (LSSSs) assessed during periodic testing Sunshine Act Meetings making/schedule.html. and calibration of instrumentation that * * * * * may have an adverse effect on AGENCY HOLDING THE MEETINGS: Nuclear The NRC provides reasonable equipment operability. This model Regulatory Commission. accommodation to individuals with safety evaluation will facilitate DATES: Weeks of November 9, 16, 23, 30, disabilities where appropriate. If you expedited approval of plant-specific December 7, 14, 2009. need a reasonable accommodation to adoption of TSTF Traveler-493, PLACE: Commissioners’ Conference participate in these public meetings, or Revision 4. Room, 11555 Rockville Pike, Rockville, need this meeting notice or the DATES: Comment period expires Maryland. transcript or other information from the November 25, 2009. Comments received STATUS: Public and Closed. public meetings in another format (e.g. after this date will be considered, if it Week of November 9, 2009 braille, large print), please notify the is practical to do so, but the NRC’s Disability Program Coordinator, Commission is able to ensure Tuesday, November 10, 2009 Rohn Brown, at 301–492–2279, TDD: consideration only for comments 9:30 a.m.—Briefing on NRC 301–415–2100, or by e-mail at received on or before this date. International Activities (Public [email protected]. Determinations on ADDRESSES: You may submit comments Meeting) (Contact: Karen Henderson, requests for reasonable accommodation by any one of the following methods. 301–415–0202) will be made on a case-by-case basis. Please include Docket ID NRC–2009– This meeting will be Webcast live at * * * * * 0487 in the subject line of your the Web address—http://www.nrc.gov. This notice is distributed comments. Comments submitted in electronically to subscribers. If you no Week of November 16, 2009—Tentative writing or in electronic form will be longer wish to receive it, or would like posted on the NRC Web site and on the Tuesday, November 17, 2009 to be added to the distribution, please Federal rulemaking Web site 9:30 a.m.—Briefing on Equal contact the Office of the Secretary, Regulations.gov. Because your Employment Opportunity (EEO) and Washington, DC 20555 (301–415–1969), comments will not be edited to remove Small Business Programs (Public or send an e-mail to any identifying or contact information, Meeting) (Contact: Elva Bowden [email protected]. the NRC cautions you against including Berry, 301–415–1536) Dated: November 5, 2009. any information in your submission that This meeting will be Webcast live at Rochelle C. Bavol, you do not want to be publicly the Web address—http://www.nrc.gov. Office of the Secretary. disclosed. The NRC requests that any party [FR Doc. E9–27146 Filed 11–6–09; 11:15 am] Week of November 23, 2009—Tentative soliciting or aggregating comments BILLING CODE 7590–01–P There are no meetings scheduled for received from other persons for the week of November 23, 2009. submission to the NRC inform those persons that the NRC will not edit their Week of November 30, 2009—Tentative NUCLEAR REGULATORY COMMISSION comments to remove any identifying or Friday, December 4, 2009 contact information, and therefore, they [NRC–2009–0487] 9:30 a.m.—Meeting with the Advisory should not include any information in Committee on Reactor Safeguards their comments that they do not want Notice of Opportunity for Public publicly disclosed. (Public Meeting) (Contact: Antonio Comment on the Proposed Model Dias, 301–415–6805) Federal Rulemaking Web site: Go to Safety Evaluation for Plant-Specific http://www.regulations.gov and search This meeting will be Webcast live at Adoption of Technical Specification for documents filed under Docket ID the Web address—http://www.nrc.gov. Task Force Traveler-493, Revision 4, NRC–2009–0487. Address questions Week of December 7, 2009—Tentative ‘‘Clarify Application of Setpoint about NRC dockets to Carol Gallagher Methodology for LSSS Functions’’ Tuesday, December 8, 2009 301–492–3668; e-mail AGENCY: Nuclear Regulatory [email protected]. 9:30 a.m.—Briefing on the Proposed Commission (NRC). Mail comments to: Michael T. Lesar, Rule: Enhancements to Emergency ACTION: Notice of opportunity for public Chief, Rulemaking and Directives Preparedness Regulations (Public comment. Branch (RDB), Division of Meeting) (Contact: Lauren Quin˜ ones, Administrative Services, Office of 301–415–2007) SUMMARY: The NRC is requesting public Administration, Mail Stop: TWB–05– This meeting will be Webcast live at comment on the enclosed proposed B01M, U.S. Nuclear Regulatory the Web address—http://www.nrc.gov. model application, model no significant Commission, Washington, DC 20555– Week of December 14, 2009—Tentative hazards consideration determination, 0001, or by fax to RDB at (301) 492– and model safety evaluation for plant- 3446. There are no meetings scheduled for specific adoption of Technical You can access publicly available the week of December 14, 2009. Specification Task Force (TSTF) documents related to this notice using * * * * * Traveler-493, Revision 4, ‘‘Clarify the following methods: * The schedule for Commission Application of Setpoint Methodology NRC’s Public Document Room (PDR): meetings is subject to change on short for LSSS Functions.’’ The TSTF The public may examine and have notice. To verify the status of meetings, Traveler-493, Revision 4, is available in copied for a fee publicly available call (recording)—(301) 415–1292. the Agencywide Documents Access and documents at the NRC’s PDR, Public Contact person for more information: Management System (ADAMS) under File Area O1 F21, One White Flint Rochelle Bavol, (301) 415–1651. Accession Number ML092150990. The North, 11555 Rockville Pike, Rockville, * * * * * proposed changes revise Standard Maryland.
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NRC’s Agencywide Documents Access variables that have a significant safety LTSP, NTSP, AV, As-Found Tolerance and Management System (ADAMS): function. band, and As-Left Tolerance band for Publicly available documents created or The NRC staff requests that each each automatic protection received at the NRC are available licensee applying for the changes instrumentation function. The licensee electronically at the NRC’s Electronic proposed in TSTF Traveler-493, must also describe the program methods Reading Room at http://www.nrc.gov/ Revision 4, include documentation for ensuring the requirements in reading-rm/adams.html. From this page, regarding the following in their license Paragraph d will function as required by the public can gain entry into ADAMS, amendment request (LAR): verifying the As-Left and As-Found settings are consistent with those which provides text and image files of Adoption of TSTF Traveler-493, Option established by the setpoint NRC’s public documents. If you do not A With Changes to Setpoint Values have access to ADAMS or if there are methodology. Discussion should • problems in accessing the documents The licensee must propose to add include how the plant licensing basis located in ADAMS, contact the NRC’s footnotes to all the functions identified meets the guidance provided in PDR reference staff at 1–800–397–4209, in TSTF Traveler-493, Revision 4, Regulatory Information Summary 2006– 301–415–4737, or by e-mail to Appendix A, and must incorporate the 17, ‘‘NRC Staff Position on the related TS Bases changes. Requirements of 10 CFR 50.36, [email protected]. The Proposed • Models for Plant-Specific Adoption of The licensee must provide ‘‘Technical Specifications,’’ Regarding TSTF Traveler-493, Revision 4, are summary calculations for the revised Limiting Safety System Settings During available electronically under ADAMS setpoints as documentation of the plant- Periodic Testing and Calibration of Accession Number ML093080028. specific instrument setpoint Instrument Channels’’ and Regulatory Federal Rulemaking Web site: Public methodology for TSTF Traveler-493, Guide 1.105, Revision 3, ‘‘Setpoints for comments and supporting materials Revision 4, consistent with Option A. Safety-Related Instrumentation.’’ related to this notice can be found at This includes the calculation basis for Describe the measures to be taken to http://www.regulations.gov by searching the Limiting Trip Setpoint (LTSP), ensure that the associated instrument on Docket ID: NRC–2009–0487. Nominal Trip Setpoint (NTSP), channel is capable of performing its Allowable Value (AV), As-Found safety function(s) in accordance with FOR FURTHER INFORMATION CONTACT: Ms. Tolerance band, and As-Left Tolerance applicable design requirements and Michelle C. Honcharik, Senior Project band for each change to an automatic associated analyses. Include information Manager, Special Projects Branch, Mail protection instrumentation function on the controls employed to ensure that Stop: O–12 D1, Division of Policy and setpoint value. If multiple similar the As-Left trip setting after completion Rulemaking, Office of Nuclear Reactor setpoints are proposed to be revised, a of periodic surveillance is consistent Regulation, U.S. Nuclear Regulatory summary calculation for each type of with the setpoint methodology. Also, Commission, Washington, DC 20555– setpoint being changed may be discuss the plant corrective action 0001; telephone 301–415–1774 or e-mail provided, if the LAR contains a processes (including plant procedures) at [email protected]. reasoned quantitative or qualitative for restoring channels to operable status. SUPPLEMENTARY INFORMATION: analysis, as appropriate, of how the If the controls are located in a document Background summary calculation(s) represent the other than the TS (e.g., plant test type of setpoint values proposed to be procedure), describe how it is ensured This notice provides an opportunity changed. that the controls will be implemented. for the public to comment on proposed • The licensee must provide the changes to the STS after a preliminary Adoption of TSTF Traveler-493, Option plant-specific evaluation identifying the assessment and finding by the NRC staff A Without Changes to Setpoint Values Functions required by SCP TS 5.5.[18] that the agency will likely offer the • The licensee must add footnotes to Paragraph d. In accordance with changes for adoption by licensees. This all the functions identified in TSTF Paragraph d, Functions described in notice solicits comment on a proposed Traveler-493, Revision 4, Appendix A, SCP TS 5.5.[18] Paragraph a are change to the STS, which if and must incorporate the related TS evaluated to identify Functions that are implemented by a licensee will modify Bases changes. No changes to any automatic protective devices related to the plant-specific TS. The NRC staff will setpoint values are proposed. Since no variables having significant safety evaluate any comments received for the setpoint changes are being proposed, functions as delineated by 10 CFR proposed change to the STS and there is no requirement to provide the 50.36(c)(1)(ii)(A). Identify any deviation reconsider the change or announce the setpoint methodology for review or to from TSTF Traveler-493, Revision 4, availability of the change for adoption provide any full or summary and explain the basis for each deviation. by licensees. Licensees opting to apply calculations. Paragraph d contains three exclusion for this TS change are responsible for criteria to be applied during the reviewing the NRC staff’s safety Adoption of TSTF Traveler-493 With evaluation. Paragraph d also requires evaluation, referencing the applicable Option B—the Setpoint Control Program specifying TS Surveillance technical justifications, and providing Option Requirements which are applicable to any necessary plant-specific • The licensee must provide the the performance testing criterion of information. The NRC will process and plant-specific evaluation for the list of Paragraph d. This requirement of note each amendment application instrument Functions that are described Paragraph d should also be included. responding to the notice of availability in Setpoint Control Program (SCP) TS For Functions which are not under the according to applicable NRC rules and 5.5.[18] Paragraph a and must scope of Setpoint Control Program procedures. incorporate the related TS Bases Paragraph d, but are included in changes. Setpoint Control Program Paragraph a, Applicability • The licensee must provide the explain how the requirements of TSTF Traveler-493, Revision 4, is content and application of the plant- Paragraph c will be met. applicable to all nuclear power reactors. specific setpoint methodology required The proposed change does not The Traveler revises the TS instrument by the SCP TS 5.5.[18] Paragraph b. This prevent licensees from requesting an function values related to those includes the calculation basis for the alternate approach or proposing changes
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other than those proposed in TSTF Kay T. Ely, Associate Director; Nancy H. and discussed any comments it received Traveler-493, Revision 4. However, Kichak, Associate Director; Mark Reger, on the proposed rule change. The text significant deviations from the approach Chief Financial Officer; Mark Reinhold, of those statements may be examined at recommended in this notice or the Deputy Associate Director for Human the places specified in Item IV below. inclusion of additional changes to the Capital Management Services— The Exchange has prepared summaries, license require additional NRC staff Executive Secretariat. set forth in sections A, B, and C below, review. This may increase the time and [FR Doc. E9–27099 Filed 11–9–09; 8:45 am] of the most significant parts of such resources needed for the review or statements. BILLING CODE 6325–45–P result in NRC staff rejection of the LAR. A. Self-Regulatory Organization’s Licensees desiring significant deviations Statement of the Purpose of, and or additional changes should instead SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule submit an LAR that does not claim to COMMISSION Change adopt TSTF Traveler-493, Revision 4. [Release No. 34–60923; File No. SR– Dated at Rockville, Maryland, this 30th day 1. Purpose NYSEArca–2009–96] of October 2009. The purpose of this filing by NYSE For the Nuclear Regulatory Commission. Self-Regulatory Organizations; NYSE Arca is to revise outdated and obsolete Eric E. Bowman, Arca, Inc.; Notice of Filing and language in Rule 6.82—Lead Market Acting Chief, Special Projects Branch, Immediate Effectiveness of Proposed Makers (‘‘LMM’’). Division of Policy and Rulemaking, Office Rule Change Amending Rule 6.82— Specifically, the Exchange proposes to of Nuclear Reactor Regulation. Lead Market Makers To Eliminate amend Rule 6.82(c)(3) by adding a [FR Doc. E9–27061 Filed 11–9–09; 8:45 am] Obsolete Language and Clarify Rule reference to Rule 6.37B—Market Maker Provisions BILLING CODE 7590–01–P Quotations, in order to clarify an LMMs November 3, 2009. obligation as it pertains to continuous Pursuant to Section 19(b)(1) 1 of the quoting. In its current form, Rule 6.82 OFFICE OF PERSONNEL Securities Exchange Act of 1934 (the states that an LMM must provide MANAGEMENT ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 continuous quotations in all appointed notice is hereby given that, on October series. However, Rule 6.37B provides Senior Executive Service— 20, 2009, NYSE Arca, Inc. (‘‘NYSE that LMMs must provide continuous Performance Review Board Arca’’ or the ‘‘Exchange’’) filed with the quotations for 90% of the time the AGENCY: Office of Personnel Securities and Exchange Commission Exchange is open. To ensure that LMM Management. (the ‘‘Commission’’) the proposed rule obligations contained in Rule 6.82 are in change as described in Items I, II, and accordance with Rule 6.37B, the ACTION: Notice. III below, which Items have been Exchange proposes [sic] add language to SUMMARY: Notice is hereby given of the prepared by the self-regulatory Rule 6.82(c)(3) in order to clarify that appointment of members of the OPM organization. NYSE Arca filed the LMMs need to provide quotations in Performance Review Board. proposal pursuant to Section accordance with Rule 6.37B. In 4 addition, NYSE Arca no longer supports FOR FURTHER INFORMATION CONTACT: 19(b)(3)(A) of the Act and Rule 19b– 5 an Exchange auto-quoting system; all Tammy Van Keuren, Center for Human 4(f)(2) thereunder. The Commission is LMMs utilize proprietary quoting Capital Management Services, Office of publishing this notice to solicit systems that supply electronic quotes Personnel Management, 1900 E Street comments on the proposed rule change directly to the NYSE Arca’s trading NW., Washington, DC 20415, (202) 606– from interested persons. system. Therefore the Exchange 1402. I. Self-Regulatory Organization’s proposes deleting obsolete language in SUPPLEMENTARY INFORMATION: The Office Statement of the Terms of Substance of Rule 6.82(c)(3) referencing the of Personnel Management Section the Proposed Rule Change Exchange’s auto-quoting system. 4314(c) (1) through (5) of Title 5, U.S.C., The Exchange proposes to amend The Exchange also proposes to delete requires each agency to establish, in Rule 6.82—Lead Market Makers to accordance with regulations prescribed Rule 6.82(c)(7). Under the structure of eliminate obsolete language and clarify the Exchange’s electronic trading by the Office of Personnel Management, rule provisions. A copy of this filing is one or more SES performance review systems, the automated execution available on the Exchange’s Web site at system referenced in 6.82(c)(7) is part of boards. The board reviews and evaluates http://www.nyse.com, at the Exchange’s the initial appraisal of a senior the overall NYSE Arca trading system. principal office and at the Commission’s Whenever an LMM provides electronic executive’s performance by the Public Reference Room. supervisor, and considers quotations to NYSE Arca, the LMM recommendations to the appointing II. Self-Regulatory Organization’s automatically participates in the authority regarding the performance of Statement of the Purpose of, and automatic execution system. It is not the senior executive. Statutory Basis for, the Proposed Rule possible for an LMM to submit quotes Change to the Exchange without being subject to Office of Personnel Management. the automatic execution system, nor is In its filing with the Commission, the John Berry, it possible for an LMM to participate in self-regulatory organization included Director. the automatic execution system without statements concerning the purpose of, submitting electronic quotes. Because Effective October 30, 2009; the and basis for, the proposed rule change following have been designated as participation in the auto-execution members of the Performance Review 1 15 U.S.C. 78s(b)(1). system is not optional, it is not Board of the U.S. Office of Personnel 2 15 U.S.C. 78a. appropriate to designate participation in Management: Elizabeth A. Montoya, 3 17 CFR 240.19b–4. it as an obligation. The Exchange Chief of Staff and Director of External 4 15 U.S.C. 78s(b)(3)(A). proposes to reserve Rule 6.82(c)(7) for Affairs; Elaine Kaplan, General Counsel; 5 17 CFR 240.19b–4(f)(2). future use.
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By clarifying its rules and abolishing At any time within 60 days of the without change; the Commission does out-dated language, the Exchange is not filing of the proposed rule change, the not edit personal identifying changing or altering any obligation, Commission may summarily abrogate information from submissions. You rights, policies or practices enumerated such rule change if it appears to the should submit only information that within its rules. Commission that such action is you wish to make available publicly. All necessary or appropriate in the public submissions should refer to File 2. Statutory Basis interest, for the protection of investors, Number SR–NYSEArca–2009–96 and The Exchange believes that its or otherwise in furtherance of the should be submitted on or before proposal is consistent with Section 6(b) purposes of the Act. December 1, 2009. of the Securities Exchange Act of 1934 For the Commission, by the Division of 6 IV. Solicitation of Comments (the ‘‘Act’’), in general, and furthers the Trading and Markets, pursuant to delegated objectives of Section 6(b)(5) of the Act,7 Interested persons are invited to authority.12 in particular, in that it is designed to submit written data, views, and Florence E. Harmon, prevent fraudulent and manipulative arguments concerning the foregoing, Deputy Secretary. acts and practices, to promote just and including whether the proposed rule [FR Doc. E9–26968 Filed 11–9–09; 8:45 am] equitable principles of trade, to remove change is consistent with the Act. impediments to and perfect the Comments may be submitted by any of BILLING CODE 8011–01–P mechanism of a free and open market the following methods: and a national market system, and, in Electronic Comments general, to protect investors and the SMITHSONIAN INSTITUTION public interest. • Use the Commission’s Internet comment form (http://www.sec.gov/ NATIONAL CAPITAL PLANNING B. Self-Regulatory Organization’s rules/sro.shtml); or COMMISSION Statement on Burden on Competition • Send an e-mail to rule- The Exchange does not believe that [email protected]. Please include File Intent To Prepare a Tier II the proposed rule change will impose Number SR–NYSEArca–2009–96 on the Environmental Impact Statement for any burden on competition that is not subject line. Proposed Construction of the necessary or appropriate in furtherance Smithsonian National Museum of Paper Comments of the purposes of the Act. African American History and Culture • Send paper comments in triplicate AGENCY: Smithsonian Institution (SI), C. Self-Regulatory Organization’s to Elizabeth M. Murphy, Secretary, National Capital Planning Commission Statement on Comments on the Securities and Exchange Commission, (NCPC). Proposed Rule Change Received From 100 F Street, NE., Washington, DC Members, Participants, or Others 20549–1090. ACTION: Notice. No written comments were solicited All submissions should refer to File SUMMARY: Pursuant to section 102(2)(c) or received with respect to the proposed Number SR–NYSEArca–2009–96. This of the National Environmental Policy rule change. file number should be included on the Act (NEPA) of 1969, as implemented by III. Date of Effectiveness of the subject line if e-mail is used. To help the the Council on Environmental Quality Proposed Rule Change and Timing for Commission process and review your (40 CFR parts 1500–1509), and in Commission Action comments more efficiently, please use accordance with the Environmental only one method. The Commission will Policies and Procedures implemented The Exchange has filed the proposed post all comments on the Commission’s by the National Capital Planning rule change pursuant to Section Internet Web site (http://www.sec.gov/ Commission, the SI and NCPC 19(b)(3)(A)(iii) of the Act 8 and Rule rules/sro.shtml). Copies of the announce their intent, as Joint-Lead 19b–4(f)(6) thereunder.9 Because the submission, all subsequent Agencies, with NCPC as the Responsible proposed rule change does not: (i) amendments, all written statements Federal Agency, to prepare a Tier II Significantly affect the protection of with respect to the proposed rule environmental impact statement (EIS) to investors or the public interest; (ii) change that are filed with the assess the potential effects of impose any significant burden on Commission, and all written constructing and operating the National competition; and (iii) become operative communications relating to the Museum of African American History prior to 30 days from the date on which proposed rule change between the and Culture (NMAAHC) within the it was filed, or such shorter time as the Commission and any person, other than Smithsonian Institution. The Museum Commission may designate, if those that may be withheld from the will be located on a 217,800 square foot consistent with the protection of public in accordance with the (SF) or 5 acre site bounded by investors and the public interest, the provisions of 5 U.S.C. 552, will be Constitution Avenue, Madison Drive, proposed rule change has become available for inspection and copying in 14th and 15th Streets, NW., on the effective pursuant to Section 19(b)(3)(A) the Commission’s Public Reference National Mall in Washington, DC. A of the Act 10 and Rule 19b–4(f)(6)(iii) Room, 100 F Street, NE., Washington, public meeting will be conducted to thereunder.11 DC 20549, on official business days ensure that all significant issues related between the hours of 10 a.m. and 3 p.m. 6 to construction and operation of the 15 U.S.C. 78f(b). Copies of such filing also will be 7 15 U.S.C. 78f(b)(5). proposed museum are identified for 8 15 U.S.C. 78s(b)(3)(A)(iii). available for inspection and copying at study in the EIS. SI and NCPC are 9 17 CFR 240.19b–4(f)(6). the principal office of the Exchange. All conducting this NEPA process 10 15 U.S.C. 78s(b)(3)(A). comments received will be posted concurrent with the National Historic 11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Preservation Act (NHPA), section 106 4(f)(6)(iii) requires the Exchange to give the at least five business days prior to the date of filing process. Commission written notice of the Exchange’s intent of the proposed rule change, or such shorter time to file the proposed rule change along with a brief as designated by the Commission. The Exchange description and text of the proposed rule change, has satisfied the pre-filing requirement [sic]. 12 17 CFR 200.30–3(a)(12).
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SUPPLEMENTARY INFORMATION: Public physical parameters resulted in a sources. Additional information about Law 108–184, the National Museum of Smithsonian Preferred Alternative of the museum is located at http:// African American History and Culture about 350,000 GSF that was bounded www.nmaahc.si.edu and about the Act enacted by the Congress of the between 60 and 105 feet in height, a Tier I EIS at http://www.louisberger- United States on December 16, 2003, minimum 50 foot setback from the nmaahceis.com. To ensure that all (the Act) established a museum within inside face of the sidewalk of the issues related to this action are the Smithsonian Institution to be known surrounding streets; and a subsurface addressed and all significant issues are as the National Museum of African volume not lower that 45 feet. The identified early in the process, American History and Culture. It massing parameters ranged from comments are invited in writing and recognizes that such a museum ‘‘would orthogonal and contextual to free-form orally from all interested and/or be dedicated to the collection, and non-contextual. While NCPC and potentially affected parties. These preservation, research, and exhibition of Smithsonian are working cooperatively comments may be provided at the African American historical and on this EIS, Smithsonian does not public meeting or provided in writing to cultural materials reflecting the breadth submit a design to NCPC for review EDAW/AECOM, Attn: NMAAHC EIS and depth of the experience of until later in the process. Comments, 601 Prince Street, individuals of African descent living in In addition to the physical Alexandria, VA 22314 or by e-mail to the United States.’’ parameters, the SI developed a set of [email protected]. Section 8 of the Act, ‘‘Building for the design principles to help future design All public comments must be National Museum of African American architects to minimize adverse effects postmarked or received by e-mail by History and Culture,’’ directs the on historic resources. The principles December 24, 2009. Smithsonian Board of Regents to select speak to the importance of relating to FOR FURTHER INFORMATION CONTACT: Jane and respecting the character, views, and one site among four in Washington, DC Passman, Senior Facilities Planner, for the construction of the museum. spatial arrangements of the National Smithsonian Institution, Office of After undertaking a site evaluation Mall; the character, scale, and historic Facilities Engineering and Operations. study and consultation with parties context of the Washington Monument For U.S. Postal Service delivery the specified in the legislation, the Board of grounds; and the relationship of the address is P.O. Box 37012, MRC 511, Regents of the Smithsonian Institution NMAAHC to adjacent architectural and Washington, DC 20013–7012. For all voted to select the area bounded by urban contexts. other deliveries the address is 600 Constitution Avenue, Madison Drive, The potential range of alternatives Maryland Ave., SW., Suite 5001, 14th, and 15th Streets, NW., now that will be evaluated in the Tier II EIS Washington, DC 20024. Phone 202–633– commonly known as the Monument includes the no action or no build 6549; Fax: 202–633–6233. site. The decision was announced on alternative and no fewer than three January 30, 2006. build alternatives that will address, Dated: November 4, 2009. After site selection, SI and NCPC, among other things, the design Judith Leonard, after consultation with the Council of principles, the analysis and findings of General Counsel, Smithsonian Institution. Environmental Quality, decided to tier the Tier I EIS and SI ROD and the issues Dated: November 4, 2009. the EIS process (40 CFR parts 1502.20 surfaced in the concurrent NHPA, Lois J. Schiffer, and 1508.28). The Tier I EIS was section 106 process. The Tier II EIS will General Counsel, National Capital Planning completed with a Final EIS (FEIS) include a full range of alternatives Commission. issued on June 27, 2008 and a SI Record evaluating varying heights and forms, [FR Doc. E9–27002 Filed 11–9–09; 8:45 am] of Decision issued on August 8, 2008. including one with a roof height that The identity and description of the does not exceed the roof heights of BILLING CODE 8030–03–P action to be addressed in both EIS tiers adjacent museums, and with building derive primarily from the language of faces that do not protrude beyond the Public Law 180–184, its legislative building faces of adjacent museum DEPARTMENT OF TRANSPORTATION history, and the studies by the ‘‘National buildings along the Mall. Museum of African American History Public Scoping Meeting and Federal Highway Administration and Culture Plan for Action Presidential Comments: The Smithsonian Institution Notice of Final Federal Agency Actions Commission’’ that led to its enactment, and the National Capital Planning on Proposed Highway in California; and the Phase II Site Evaluation Study Commission will solicit public Notice of Statute of Limitations on of November 15, 2005. comments for consideration and Claims The Tier I FEIS analyzed a ‘‘no build’’ possible incorporation in the Draft Tier alternative along with six diagrammatic II EIS through public scoping, including AGENCY: Federal Highway massing alternatives on the site. a scoping meeting, on the proposed Administration (FHWA), DOT. Alternatives addressed themes that museum building at the Monument site. ACTION: Notice of Limitation on Claims included context, siting and mass, The scoping meeting will be held on for Judicial Review of Actions by the orientation, form, exterior spaces, and December 10, 2009, from 5:30 p.m. to California Department of Transportation profiles. The Tier I FEIS concluded that 8:30 p.m. in the ‘‘Commons’’ of the (Caltrans), pursuant to 23 U.S.C. 327 the Build Alternatives all had Smithsonian Castle Building, located at and Other Federal Agencies. comparable effects on the majority of 1000 Jefferson Drive, SW., Washington, resources analyzed. This highlighted the DC. Consultants representing the SI and SUMMARY: The FHWA, on behalf of need to develop more concrete design NCPC will be available to answer Caltrans, is issuing this notice to concepts in order to assess fully the questions and receive comments about announce actions taken by Caltrans, and impacts of the NMAAHC on cultural the scope of the Tier II EIS. other Federal Agencies that are final and visual/aesthetic resources. Announcements about the meeting are within the meaning of 23 U.S.C. Therefore, the SI chose to express the provided on the NCPC Web site at 139(l)(1). The actions relate to a Tier I Preferred Alternative as a set of http://www.ncpc.gov. Notice of the proposed highway project, Interstate 5 physical parameters related to heights, public meeting will be publicized in (I–5) High Occupancy Vehicle (HOV)/ setbacks, and configuration. The local newspapers and through other Truck Lanes from the I–5/State Route 14
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(SR–14) interchange south of the City of other documents in the Caltrans project ACTION: Notice of Limitation on Claims Santa Clarita, and ending at Parker Road records. The EA/FONSI and other for Judicial Review of Actions by the in the community of Castaic, in the project records are available by California Department of Transportation County of Los Angeles, State of contacting Caltrans at the address (Caltrans), pursuant to 23 U.S.C. 327 California. Those actions grant licenses, provided above. The Caltrans EA/FONSI and Other Federal Agencies. permits, and approvals for the project. can be viewed and downloaded from SUMMARY: The FHWA, on behalf of DATES: By this notice, the FHWA, on the project Web site at http:// behalf of Caltrans, is advising the public www.dot.ca.gov/dist07/resources/ Caltrans, is issuing this notice to of final agency actions subject to 23 envdocs/docs/, or viewed at public announce actions taken by Caltrans, and U.S.C. 139(l)(1). A claim seeking libraries in the project area. other Federal Agencies that are final judicial review of the Federal agency This notice applies to all Federal within the meaning of 23 U.S.C. actions on the highway project will be agency decisions as of the issuance date 139(l)(1). The actions relate to a barred unless the claim is filed on or of this notice and all laws under which proposed highway project, Los Angeles before May 10, 2010. If the Federal law such actions were taken, including but Avenue Widening from Moorpark that authorizes judicial review of a not limited to: Avenue to Spring Road in the City of claim provides a time period of less 1. General: National Environmental Moorpark, County of Ventura, State of than 180 days for filing such claim, then Policy Act (NEPA) [42 U.S.C. [4321– California. Those actions grant licenses, that shorter time period still applies. 4351]. permits, and approvals for the project. FOR FURTHER INFORMATION CONTACT: 2. Safe, Accountable, Flexible, DATES: By this notice, the FHWA, on Carlos Montez, Branch Chief, California Efficient Transportation Equity Act: A behalf of Caltrans, is advising the public Department of Transportation District 7, Legacy for Users (SAFETEA–LU). of final agency actions subject to 23 Division of Environmental Planning, 3. Clean Air Act [42 U.S.C. 7401– U.S.C. 139(l)(1). A claim seeking 100 South Main Street, Los Angeles, 7671(q)]. judicial review of the Federal agency California 90012, during normal 4. Migratory Bird Treaty Act [16 actions on the highway project will be business hours from 9 a.m. to 5 p.m., U.S.C. 703–712]. barred unless the claim is filed on or telephone (213) 897–9116, e-mail 5. Historic and Cultural Resources: before May 10, 2010. If the Federal law [email protected]. Section 106 of the National Historic that authorizes judicial review of a Preservation Act of 1966, as amended claim provides a time period of less SUPPLEMENTARY INFORMATION: Effective [16 U.S.C. 470(f) et seq.]. than 180 days for filing such claim, then July 1, 2007, the Federal Highway 6. Clean Water Act (section 401) [33 that shorter time period still applies. Administration (FHWA) assigned, and U.S.C. 1251–1377]. the California Department of FOR FURTHER INFORMATION CONTACT: 7. Federal Endangered Species Act of Transportation (Caltrans) assumed Carlos Montez, Branch Chief, California 1973 (16 U.S.C. 1531–1543). Department of Transportation District 7, environmental responsibilities for this 8. Executive Order 11990, Protection project pursuant to 23 U.S.C. 327. Division of Environmental Planning, of Wetlands. 100 South Main Street, Los Angeles, Notice is hereby given that Caltrans, and 9. Executive Order 11988, Floodplain certain other Federal Agencies have California 90012, during normal Management. business hours from 9 a.m. to 5 p.m., taken final agency actions subject to 23 10. Executive Order 12898— U.S.C. 139(l)(1) by issuing licenses, telephone (213) 897–9116, e-mail Environmental Justice. [email protected]. permits, and approvals for the following 11. Department of Transportation Act highway project in the State of of 1966, Section 4(f) [49 U.S.C. 303]. SUPPLEMENTARY INFORMATION: Effective California: 12. E.O. 13112 Invasive Species. July 1, 2007, the Federal Highway The addition of one HOV lane in each Administration (FHWA) assigned, and direction on I–5 from the SR–14 (Catalog of Federal Domestic Assistance the California Department of interchange at the southern portion of Program Number 20.205, Highway Planning Transportation (Caltrans) assumed and Construction. The regulations the project limit, and north to Parker implementing Executive Order 12372 environmental responsibilities for this Road (a distance of approximately 13.6 regarding intergovernmental consultation on project pursuant to 23 U.S.C. 327. miles) and the addition of truck lanes Federal programs and activities apply to this Notice is hereby given that Caltrans, and from SR–14 interchange to Calgrove program.) certain other Federal Agencies have Boulevard (northbound) and from Pico Authority: 23 U.S.C. 139(l)(1). taken final agency actions subject to 23 Canyon Road/Lyons Avenue to the SR– U.S.C. 139(l)(1) by issuing licenses, 14 interchange (southbound). The Issued on: November 3, 2009. permits, and approvals for the following purpose of the project is to reduce Cindy Vigue, highway project in the State of delays to vehicles caused by slower- Director, State Programs, Federal Highway California: moving trucks and to improve Administration, Sacramento, California. Widen Los Angeles Avenue (State operational and safety design features to [FR Doc. E9–27039 Filed 11–9–09; 8:45 am] Route 118) from a four lane to a six lane facilitate the movement of people, BILLING CODE 4910–RY–P conventional highway form Moorpark freight and goods on the project Avenue to approximately 426 feet east segment. The purpose of the project also of Spring Road in Moorpark, California. is to reduce existing and forecast traffic DEPARTMENT OF TRANSPORTATION The total length of the project is 0.5 congestion on the project segment to mile. In addition, the project would accommodate planned growth within Federal Highway Administration require installation of a traffic signal at the study area. The actions by the Notice of Final Federal Agency Actions Millard Street and traffic signal Federal agencies, and the laws under on Proposed Highway in California; modifications at Moorpark Avenue and which such actions were taken, are Notice of Statute of Limitations on Spring Road. The purpose of the project described in the Environmental Claims is relieve existing and forecasted traffic Assessment/Finding of No Significant congestion on Los Angeles Avenue (SR– Impact (EA/FONSI) for the project, AGENCY: Federal Highway 118) and Spring Road in the City of approved on September 1, 2009, and in Administration (FHWA), DOT. Moorpark. The actions by the Federal
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agencies, and the laws under which DEPARTMENT OF TRANSPORTATION • SC–214—Standards for Air such actions were taken, are described Traffic Data Communications Services— in the Environmental Assessment/ Federal Aviation Administration Discussion—Review Status and Revised Finding of No Significant Impact (EA/ Terms of Reference. RTCA Program Management FONSI) for the project, approved on • Discussion. Committee September 28, 2009, and in other • SC–217—Terrain and Airport documents in the Caltrans project AGENCY: Federal Aviation Databases—Co-Chairman Review/ records. The EA/FONSI and other Administration (FAA), DOT. Approval. • project records are available by ACTION: Notice of RTCA Program Special Committee—Chairmen’s contacting Caltrans at the address Reports. Management Committee meeting. • provided above. The Caltrans EA/FONSI Closing Plenary (Other Business, can be viewed and downloaded from SUMMARY: The FAA is issuing this notice Document Production, PMC Meeting the project Web site at http:// to advise the public of a meeting of the Schedule Meeting, Adjourn). www.dot.ca.gov/dist07/resources/ RTCA Program Management Committee. Attendance is open to the interested envdocs/docs/, or viewed at public DATES: The meeting will be held public but limited to space availability. libraries in the project area. December 2, 2009 from 8:30 a.m. to 1:30 With the approval of the chairman, p.m. members of the public may present oral This notice applies to all Federal ADDRESSES: The meeting will be held at statements at the meeting. Persons agency decisions as of the issuance date RTCA, Inc., 1828 L Street, NW., Suite wishing to present statements or obtain of this notice and all laws under which 805, Washington, DC 20036. information should contact the person such actions were taken, including but FOR FURTHER INFORMATION CONTACT: listed in the FOR FURTHER INFORMATION not limited to: RTCA Secretariat, 1828 L Street, NW., CONTACT section. 1. General: National Environmental Suite 850, Washington, DC 20036; Members of the public may present a Policy Act (NEPA) [42 U.S.C. [4321– telephone (202) 833–9339; fax (202) written statement to the committee at 4351]. 833–9434; Web site http://www.rtca.org. any time. 2. Safe, Accountable, Flexible, SUPPLEMENTARY INFORMATION: Pursuant Issued in Washington, DC, on November 4, Efficient Transportation Equity Act: A to section 10(a)(2) of the Federal 2009. Legacy for Users (SAFETEA–LU). Advisory Committee Act (Pub. L. 92– Francisco Estrada C., 3. Clean Air Act [42 U.S.C. 7401– 463, 5 U.S.C., Appendix 2), notice is RTCA Advisory Committee. 7671(q)]. hereby given for a Program Management [FR Doc. E9–27125 Filed 11–9–09; 8:45 am] Committee meeting. The agenda will BILLING CODE 4910–13–P 4. Migratory Bird Treaty Act [16 include: U.S.C. 703–712]. • Opening Plenary (Welcome and 5. Historic and Cultural Resources: Introductions). DEPARTMENT OF TRANSPORTATION • Section 106 of the National Historic Review/Approve Summary of Preservation Act of 1966, as amended September 9, 2009 PMC meeting, RTCA Surface Transportation Board [16 U.S.C. 470(f) et seq.]. Paper No. 217–09/PMC–753. • Publication Consideration/ [STB Finance Docket No. 35046 (Sub-No. 1)] 6. Clean Water Act (section 401) [33 Approval. U.S.C. 1251–1377]. • Final Draft, Revised DO–293, Duluth, Missabe and Iron Range 7. Federal Endangered Species Act of Minimum Operational Performance Railway Company—Trackage Rights 1973 (16 USC 1531–1543). Standards for Nickel-Cadmium, Nickel Exemption—Duluth, Winnipeg and Metal-Hydride, and Lead Acid Batteries, 8. Executive Order 11990, Protection Pacific Railway Company RTCA Paper No. 238–09/PMC–760, of Wetlands. prepared by SC–211. Pursuant to a written trackage rights 9. Executive Order 11988, Floodplain • Final Draft, Revised DO–260A, amendment agreement,1 Duluth, Management. Minimum Operational Performance Winnipeg and Pacific Railway Company 10. Executive Order 12898— Standards for 1090 MHz Extended (DWP) has agreed to amend and extend Environmental Justice. Squitter Automatic Dependent the existing overhead trackage rights Surveillance—Broadcast (ADS–B) and previously granted to Duluth, Missabe 11. Department of Transportation Act Traffic Information Services—Broadcast and Iron Range Railway Company of 1966, Section 4(f) [49 U.S.C. 303]. (TIS–B), RTCA Paper No. 228–09/PMC– (DMIR).2 DMIR proposes to acquire 12. E.O. 13112 Invasive Species. 756, prepared by SC–186. • Final Draft, Revised DO–282A, 1 (Catalog of Federal Domestic Assistance Duluth, Missabe and Iron Range Railway Company has submitted a draft agreement. As Program Number 20.205, Highway Planning Minimum Operational Performance Standards for Universal Access required by 49 CFR 1180.6(a)(7)(ii), DMIR states and Construction. The regulations that it will submit a copy of the executed agreement implementing Executive Order 12372 Transceiver (UAT) Automatic within 10 days of the date the agreement is regarding intergovernmental consultation on Dependent Surveillance—Broadcast, executed. 2 Federal programs and activities apply to this RTCA Paper No. 229–09/PMC–757, The original trackage rights were exempted in Duluth, Missabe and Iron Range Railway program.) prepared by SC–186. • Integration and Coordination Company—Trackage Rights—Duluth, Winnipeg and Authority: 23 U.S.C. 139(l)(1). Committee (ICC)—Report. Pacific Railway Company, STB Finance Docket No. • 34424 (Sub-No. 2) (STB served Apr. 9, 2004), and Issued on: November 3, 2009. Action Item Review. were exempted as amended in Duluth, Missabe and • SC–218—Future ADS–B/TCAS Iron Range Railway Company—Amended Trackage Cindy Vigue, Relationships—Discussion—Review Rights Exemption—Duluth, Winnipeg and Pacific Director, State Programs, Federal Highway Status. Railway Company, STB Finance Docket No. 35046 Administration, Sacramento, California. • (STB served June 29, 2007). DWP and DMIR are SC–203—Unmanned Aircraft indirect subsidiaries of Canadian National Railway [FR Doc. E9–27040 Filed 11–9–09; 8:45 am] Systems (UAS)—Discussion—Review Company (CN). See Canadian National Railway BILLING CODE 4910–RY–P Status. Continued
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additional overhead trackage rights over 2009 (at least 7 days before the miles east of Adolph on a separate DWP’s line of railroad between milepost exemption becomes effective). DMIR line. DWP now proposes to 70.7 at Shelton Junction, MN, and An original and 10 copies of all acquire additional overhead trackage milepost 165.3 at Ranier, MN, a distance pleadings, referring to STB Finance rights over DMIR’s line of railroad of approximately 94.6 miles. DMIR Docket No. 35046 (Sub-No. 1), must be between milepost 12.8 at Carson/ states that the extension of its existing filed with the Surface Transportation Adolph and milepost 6.7 at Proctor, MN trackage rights will allow DMIR to Board, 395 E Street, SW., Washington, (2,000 feet beyond the south switch into operate trains from DMIR’s Proctor Yard DC 20423–0001. In addition, a copy of DMIR’s Proctor Yard), a distance of near Duluth, MN, over existing trackage each pleading must be served on approximately 6.1 miles. DWP states rights to Shelton Junction, and on to the Thomas J. Litwiler, Fletcher & Sippel that the proposed trackage rights will DWP terminal at Ranier. LLC, 29 North Wacker Drive, Suite 920, include the right to enter and exit the The purpose of the proposed Chicago, IL 60606–2832. Nopeming Junction-Shelton Junction transaction is to expand the existing Board decisions and notices are segment at Carson/Adolph, and will DMIR–DWP paired overhead trackage available on our Web site at: ‘‘http:// provide access from that line into rights arrangement between Nopeming www.stb.dot.gov.’’ DMIR’s Proctor Yard for interchange purposes. Junction, MN, and Shelton Junction to Decided: November 5, 2009. the next logical terminal at Ranier. The purpose of the proposed By the Board, Rachel D. Campbell, transaction is to allow DWP trains to According to DMIR, this will Director, Office of Proceedings. accommodate improvements in yard operate in and out of the DMIR Proctor Kulunie L. Cannon, facilities and changes in terminal Yard, thus increasing interchange operations being undertaken in the Clearance Clerk. efficiency by optimizing traffic flows in Twin Ports of Duluth, MN, and [FR Doc. E9–27060 Filed 11–9–09; 8:45 am] the Twin Ports of Duluth, MN, and Superior, WI, by DMIR, DWP, and BILLING CODE 4915–01–P Superior, WI. Wisconsin Central Ltd., another CN The transaction is scheduled to be affiliate. As a result, DMIR states that its consummated on November 25, 2009, DEPARTMENT OF TRANSPORTATION expanded trackage rights will improve the effective date of the exemption (30 days after the exemption was filed). crew utilization, operational flexibility, Surface Transportation Board and traffic fluidity in the area. As a condition to this exemption, any The transaction is scheduled to be [STB Finance Docket No. 35045 employees affected by the trackage consummated on November 25, 2009, (Sub-No. 1)] rights will be protected by the the effective date of the exemption (30 conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, days after the exemption was filed). Duluth, Winnipeg and Pacific Railway As a condition to this exemption, any Company—Trackage Rights 354 I.C.C. 605 (1978), as modified in employees affected by the trackage Exemption—Duluth, Missabe and Iron Mendocino Coast Ry., Inc.—Lease and Operate, 360 I.C.C. 653 (1980). rights will be protected by the Range Railway Company Pursuant to the Consolidated conditions imposed in Norfolk and Pursuant to a written trackage rights Appropriations Act, 2008, Public Law Western Ry. Co.—Trackage Rights—BN, 1 amendment agreement, Duluth, 110–161, section 193, 121 Stat. 1844 354 I.C.C. 605 (1978), as modified in Missabe and Iron Range Railway (2007), nothing in this decision Mendocino Coast Ry., Inc.—Lease and Company (DMIR) has agreed to amend authorizes the following activities at any Operate, 360 I.C.C. 653 (1980). and extend the existing overhead solid waste rail transfer facility: Pursuant to the Consolidated trackage rights previously granted to collecting, storing, or transferring solid Appropriations Act, 2008, Public Law Duluth, Winnipeg and Pacific Railway waste outside of its original shipping No. 110–161, § 193, 121 Stat. 1844 2 Company (DWP). According to DWP, container; or separating or processing (2007), nothing in this decision its existing trackage rights on DMIR’s solid waste (including baling, crushing, authorizes the following activities at any line from Nopeming Junction, MN, compacting, and shredding). The term solid waste rail transfer facility: through Adolph, MN, to Shelton ‘‘solid waste’’ is defined in section 1004 Collecting, storing, or transferring solid Junction, MN (Nopeming Junction- of the Solid Waste Disposal Act, 42 waste outside of its original shipping Shelton Junction segment), did not U.S.C. 6903. container; or separating or processing provide access to DMIR’s Proctor Yard This notice is filed under 49 CFR solid waste (including baling, crushing, in Proctor, MN, which is located several 1180.2(d)(7). If the notice contains false compacting, and shredding). The term or misleading information, the ‘‘solid waste’’ is defined in section 1004 1 Duluth, Winnipeg and Pacific Railway Company exemption is void ab initio. Petitions to of the Solid Waste Disposal Act, 42 has submitted a draft agreement. As required by 49 revoke the exemption under 49 U.S.C. CFR 1180.6(a)(7)(ii), DWP states that it will submit U.S.C. 6903. 10502(d) may be filed at any time. The This notice is filed under 49 CFR a copy of the executed agreement within 10 days of the date the agreement is executed. filing of a petition to revoke will not 1180.2(d)(7). If the notice contains false 2 The original trackage rights were exempted in automatically stay the effectiveness of or misleading information, the Duluth, Winnipeg and Pacific Railway Company— the exemption. Petitions for stay must exemption is void ab initio. Petitions to Trackage Rights—Duluth, Missabe and Iron Range Railway Company, STB Finance Docket No. 34424 be filed no later than November 18, revoke the exemption under 49 U.S.C. 2009 (at least 7 days before the 10502(d) may be filed at any time. The (Sub-No. 1) (STB served Apr. 9, 2004), and were exempted as amended in Duluth, Winnipeg and exemption becomes effective). filing of a petition to revoke will not Pacific Railway Company—Amended Trackage An original and 10 copies of all automatically stay the effectiveness of Rights Exemption—Duluth, Missabe and Iron Range pleadings, referring to STB Finance the exemption. Petitions for stay must Railway Company, STB Finance Docket No. 35045 (STB served June 29, 2007). DWP and DMIR are Docket No. 35045 (Sub-No. 1), must be be filed no later than November 18, indirect subsidiaries of Canadian National Railway filed with the Surface Transportation Company. See Canadian National Railway Board, 395 E Street, SW., Washington, Company and Grand Trunk Corporation—Control— Company and Grand Trunk Corporation—Control— Duluth, Missabe and Iron Range Railway Company, Duluth, Missabe and Iron Range Railway Company, DC 20423–0001. In addition, a copy of et al., STB Finance Docket No. 34424 (STB served et al., STB Finance Docket No. 34424 (STB served each pleading must be served on Apr. 9, 2004). Apr. 9, 2004). Thomas J. Litwiler, Fletcher & Sippel
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LLC, 29 North Wacker Drive, Suite 920, access from that line into DMIR’s DEPARTMENT OF THE TREASURY Chicago, IL 60606–2832. Proctor Yard for interchange purposes. Board decisions and notices are The purpose of the proposed Submission for OMB Review; available on our Web site at: http:// transaction is to allow WCL trains to Comment Request www.stb.dot.gov. operate in and out of the DMIR Proctor November 3, 2009. Yard, thus increasing interchange Decided: November 5, 2009. The Department of Treasury will efficiency by optimizing traffic flows in submit the following public information By the Board, Rachel D. Campbell, the Twin Ports of Duluth, MN, and Director, Office of Proceedings. collection requirement(s) to OMB for Superior, WI. Kulunie L. Cannon, review and clearance under the The transaction is scheduled to be Paperwork Reduction Act of 1995, Clearance Clerk. consummated on November 25, 2009, [FR Doc. E9–27055 Filed 11–9–09; 8:45 am] Public Law 104–13 on or after the date the effective date of the exemption (30 of publication of this notice. Copies of BILLING CODE 4915–01–P days after the exemption was filed). the submission(s) may be obtained by As a condition to this exemption, any calling the Treasury Bureau Clearance employees affected by the trackage DEPARTMENT OF TRANSPORTATION Officer listed. Comments regarding this rights will be protected by the information collection should be Surface Transportation Board conditions imposed in Norfolk and addressed to the OMB reviewer listed Western Ry. Co.—Trackage Rights—BN, and to the Treasury Department 354 I.C.C. 605 (1978), as modified in Clearance Officer, Department of the [STB Finance Docket No. 35047 Mendocino Coast Ry., Inc.—Lease and (Sub-No. 1)] Treasury, Room 11000, and 1750 Operate, 360 I.C.C. 653 (1980). Pennsylvania Avenue, NW., Wisconsin Central Ltd.—Trackage Pursuant to the Consolidated Washington, DC 20220. Appropriations Act, 2008, Public Law Rights Exemption—Duluth, Missabe DATES: Written comments should be and Iron Range Railway Company 110–161, section 193, 121 Stat. 1844 received on or before December 10, 2009 (2007), nothing in this decision to be assured of consideration. Pursuant to a written trackage rights authorizes the following activities at any amendment agreement,1 Duluth, solid waste rail transfer facility: Internal Revenue Service (IRS) Missabe and Iron Range Railway Collecting, storing, or transferring solid OMB Number: 1545–0028. Company (DMIR) has agreed to amend waste outside of its original shipping Type of Review: Revision. and extend the existing overhead container; or separating or processing Title: Employer’s Annual Federal trackage rights previously granted to solid waste (including baling, crushing, Unemployment (FUTA) Tax Return Wisconsin Central Ltd. (WCL).2 compacting, and shredding). The term (Form 940); Planilla Para La Declaracion According to WCL, its existing trackage ‘‘solid waste’’ is defined in section 1004 Anual Del Patrono-La Contribucion rights on DMIR’s line from South Itasca, of the Solid Waste Disposal Act, 42 Federal Para El Desempleo WI, through Adolph, MN, to Shelton U.S.C. 6903. (FUTA)(Form 940–PR). Junction, MN (South Itasca-Shelton This notice is filed under 49 CFR Form: 940–PR, Schedule A (Form Junction segment), did not provide 1180.2(d)(7). If the notice contains false 940). access to DMIR’s Proctor Yard in or misleading information, the Description: IRC section 3301 imposes Proctor, MN, which is located several exemption is void ab initio. Petitions to a tax on employees based on the first miles east of Adolph on a separate revoke the exemption under 49 U.S.C. $7,000 of taxable annual wages paid to DMIR line. WCL now proposes to 10502(d) may be filed at any time. The each employee. IRS uses the acquire additional overhead trackage filing of a petition to revoke will not information reported on Forms 940 and rights over DMIR’s line of railroad automatically stay the effectiveness of 940–PR (Puerto Rico) to ensure that between milepost 12.8 at Carson/ the exemption. Stay petitions must be employers have reported and figured the Adolph and milepost 6.7 at Proctor filed by November 18, 2009 (at least 7 correct FUTA Wages and tax. (2,000 feet beyond the south switch into days before the exemption becomes Respondents: Businesses or other for- DMIR’s Proctor Yard), a distance of effective). profits. approximately 6.1 miles. WCL states An original and 10 copies of all Estimated Total Burden Hours: that the proposed trackage rights will pleadings, referring to STB Finance 105,216,730 hours. include the right to enter and exit the Docket No. 35047 (Sub-No. 1), must be OMB Number: 1545–1842. South Itasca-Shelton Junction segment filed with the Surface Transportation Type of Review: Extension. at Carson/Adolph, and will provide Board, 395 E Street, SW., Washington, Title: Health Coverage Tax Credit DC 20423–0001. In addition, a copy of Registration Form. 1 Wisconsin Central Ltd. has submitted a draft each pleading must be served on Form: 13441. agreement. As required by 49 CFR 1180.6(a)(7)(ii), Thomas J. Litwiler, Fletcher & Sippel Description: Form 13441, Health WCL states that it will submit a copy of the LLC, 29 North Wacker Drive, Suite 920, Coverage Tax Credit Registration Form, executed agreement within 10 days of the date the will be directly mailed to all individuals agreement is executed. Chicago, IL 60606–2832. 2 The original trackage rights were exempted in Board decisions and notices are who are potentially eligible for the Wisconsin Central Ltd.—Trackage Rights available on our Web site at: http:// HCTC. Potentially eligible individuals Exemption—Duluth, Missabe and Iron Range www.stb.dot.gov. will use this form to determine if they Railway Company, STB Finance Docket No. 35047 are eligible for the Health Coverage Tax (STB served June 29, 2007). WCL and DMIR are Decided: November 5, 2009. indirect subsidiaries of Canadian National Railway Credit and to register for the HCTC By the Board, Rachel D. Campbell, program. Participation in this program Company. See Canadian National, et al.—Control— Director, Office of Proceedings. Wisconsin Central Transp. Corp., et al., 5 S.T.B. 890 is voluntary. This form will be (2001); Canadian National Railway Company and Kulunie L. Cannon, submitted by the individual to the Grand Trunk Corporation—Control—Duluth, Clearance Clerk. Missabe and Iron Range Railway Company, et al., HCTC program office in a postage-paid, STB Finance Docket No. 34424 (STB served Apr. 9, [FR Doc. E9–27065 Filed 11–9–09; 8:45 am] return envelope. We will accept faxed 2004). BILLING CODE 4915–01–P forms, if necessary. Additionally,
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recipients may call center for help in Estimated Total Burden Hours: DEPARTMENT OF THE TREASURY completing this form. 920,000 hours. Internal Revenue Service Respondents: Individuals or Clearance Officer: R. Joseph Durbala households. (202) 622–3634. Internal Revenue Estimated Total Burden Hours: 900 Advisory Group to the Commissioner hours. Service, Room 6516, 1111 Constitution of Internal Revenue; Renewal of Avenue, NW., Washington, DC 20224. OMB Number: 1545–1016. Charter Type of Review: Extension. OMB Reviewer: Shagufta Ahmed (202) AGENCY: Internal Revenue Service (IRS), Title: Return of Excise Tax on 395–7873. Office of Management and Treasury. Undistributed Income of Regulated Budget, Room 10235, New Executive ACTION: Notice. Investment Companies. Office Building, Washington, DC 20503. Form: 8613. SUMMARY: The Charter for the Description: Form 8613 is used by Celina Elphage, Information Reporting Program regulated investment companies to Treasury PRA Clearance Officer. Advisory Committee (IRPAC) will compute and pay the excise tax on [FR Doc. E9–27028 Filed 11–9–09; 8:45 am] renew for a two-year period beginning undistributed income imposed under BILLING CODE 4830–01–P October 23, 2009. section 4982. IRS uses the information FOR FURTHER INFORMATION CONTACT: Ms. to verify that the correct amount of tax Caryl Grant, National Public Liaison, at has been reported. DEPARTMENT OF THE TREASURY *[email protected]. Respondents: Businesses or other for- SUPPLEMENTARY INFORMATION: Notice is profits. Office of the Secretary hereby given under section 10(a)(2) of Estimated Total Burden Hours: 17,820 the Federal Advisory Committee Act, List Of Countries Requiring hours. 5 U.S.C. App. (1988), and with the OMB Number: 1545–0155. Cooperation With an International approval of the Secretary of the Type of Review: Revision. Boycott Treasury to announce the renewal of the Title: Investment Credit. Information Reporting Program Form: 3468. In accordance with section 999(a)(3) Advisory Committee (IRPAC). The Description: Taxpayers are allowed a of the Internal Revenue Code of 1986, purpose of the IRPAC is to provide an credit against their income tax for the Department of the Treasury is organized public forum for discussion of certain expenses they incur for their publishing a current list of countries relevant information reporting issues of trades or businesses. Form 3468 is used which require or may require mutual concern as between Internal to compute this investment tax credit. participation in, or cooperation with, an Revenue Service (‘‘IRS’’) officials and The information collected is used by the international boycott (within the representatives of the public. Advisory IRS to verify that the credit has been meaning of section 999(b)(3) of the committee members convey the public’s correctly computed. Internal Revenue Code of 1986). Respondents: Businesses or other for- perception of IRS activities, advise with profits. On the basis of the best information respect to specific information reporting Estimated Total Burden Hours: currently available to the Department of administration issues, provide 530,937 hours. the Treasury, the following countries constructive observations regarding current or proposed IRS policies, OMB Number: 1545–0098. require or may require participation in, programs, and procedures, and propose Type of Review: Extension. or cooperation with, an international Title: Application for Tentative boycott (within the meaning of section improvements to information reporting operations and the Information Refund. 999(b)(3) of the Internal Revenue Code Reporting Program. Membership is Form: 1045. of 1986). 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Iraq is not included in this list, but its status with respect to future lists OMB Number: 1545–1442. remains under review by the Type of Review: Extension. DEPARTMENT OF THE TREASURY Title: PS–79–93 (Final) Grantor Trust Department of the Treasury. Reporting Requirements. Dated: October 28, 2009. Internal Revenue Service Description: The information required Manal Corwin, by these regulations is used by the Advisory Group to the Commissioner International Tax Counsel (Tax Policy). Internal Revenue Service to ensure that of Internal Revenue; Renewal of items of income, deduction, and credit [FR Doc. E9–27063 Filed 11–9–09; 8:45 am] Charter BILLING CODE 4810–25–M of a trust as owned by the grantor or AGENCY: Internal Revenue Service (IRS), another person are properly reported. Treasury. Respondents: Businesses or other for- ACTION: Notice. profits.
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SUMMARY: The Charter for the Internal organized public forum for senior administration. Conveying the public’s Revenue Service Advisory Council Internal Revenue Service executives and perception of IRS activities to Internal (IRSAC) will renew for a two-year representatives of the public to discuss Revenue Service executives, the IRSAC period beginning October 23, 2009. relevant tax administration issues. As an is comprised of individuals who bring FOR FURTHER INFORMATION CONTACT: Ms. advisory body designed to focus on substantial, disparate experience and Lorenza Wilds, National Public Liaison, broad policy matters, the IRSAC reviews diverse backgrounds. Membership is 202–622–6440 (not a toll-free number). existing tax policy and/or makes balanced to include representation from recommendations with respect to the taxpaying public, the tax SUPPLEMENTARY INFORMATION: Notice is professional community, small and hereby given under section 10(a)(2) of emerging tax administration issues. The IRSAC suggests operational large businesses, international, and the the Federal Advisory Committee Act, 5 payroll community. U.S.C. App. (1988), and with the improvements, offers constructive approval of the Secretary of the observations regarding current or Dated: November 2, 2009. Treasury to announce the renewal of the proposed IRS policies, programs, and Candice Cromling, Internal Revenue Service Advisory procedures, and suggest improvements Director, National Public Liaison. Council (IRSAC). The primary purpose with respect to issues having [FR Doc. E9–26997 Filed 11–9–09; 8:45 am] of the Advisory Council is to provide an substantive effect on Federal tax BILLING CODE 4830–01–P
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Part II
Department of Health and Human Services Centers for Medicare & Medicaid Services
42 CFR Parts 409, 424, and 484 Medicare Program; Home Health Prospective Payment System Rate Update for Calendar Year 2010; Final Rule
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DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: Section 4603(a) of the BBA mandated the development of a HH PPS for all HUMAN SERVICES Table of Contents Medicare-covered home health services Centers for Medicare & Medicaid I. Background provided under a plan of care (POC) that Services A. Requirements of the Balanced Budget were paid on a reasonable cost basis by Act of 1997 for Establishing the adding section 1895 of the Social 42 CFR Parts 409, 424, and 484 Prospective Payment System for Home Security Act (the Act), entitled Health Services [CMS–1560–F] B. Deficit Reduction Act of 2005 ‘‘Prospective Payment For Home Health C. System for Payment of Home Health Services’’. Section 1895(b)(1) of the Act RIN 0938–AP55 Services requires the Secretary to establish a HH D. Updates to the HH PPS PPS for all costs of home health services Medicare Program; Home Health II. Summary of the Proposed Provisions and paid under Medicare. Prospective Payment System; Rate Response to Comments Section 1895(b)(3)(A) of the Act Update for Calendar Year 2010 A. Outlier Policy requires that: (1) The computation of a B. Case-Mix Measurement Analysis standard prospective payment amount AGENCY: Centers for Medicare & C. CY 2010 Payment Rate Update Medicaid Services (CMS), HHS. 1. Home Health Market Basket Update include all costs for home health services covered and paid for on a ACTION: Final rule. 2. Home Health Care Quality Improvement 3. Home Health Wage Index reasonable cost basis and be initially SUMMARY: This final rule sets forth an 4. CY 2010 Payment Update based on the most recent audited cost update to the Home Health Prospective a. National Standardized 60-Day Episode report data available to the Secretary, Payment System (HH PPS) rates; the Rate and (2) the prospective payment b. Updated Cy 2010 National Standardized national standardized 60-day episode amounts be standardized to eliminate 60-Day Episode Payment Rate the effects of case-mix and wage levels rates, the national per-visit rates, the c. National Per-Visit Rates Used To Pay non-routine medical supply (NRS) LUPAs and Compute Imputed Costs among HHAs. conversion factors, and the low Used in Outlier Calculations Section 1895(b)(3)(B) of the Act utilization payment amount (LUPA) d. LUPA Add-On Payment Amount Update addresses the annual update to the add-on payment amounts, under the e. Non-Routine Medical Supply standard prospective payment amounts Medicare prospective payment system Conversion Factor Update by the home health applicable for home health agencies effective D. OASIS Issues percentage increase. Section 1895(b)(4) 1. HIPPS Code Reporting January 1, 2010. This rule also updates of the Act governs the payment 2. OASIS Submission as a Condition for computation. Sections 1895(b)(4)(A)(i) the wage index used under the HH PPS. Payment In addition, this rule changes the HH and (b)(4)(A)(ii) of the Act require the E. Qualifications for Coverage as They standard prospective payment amount PPS outlier policy, requires the Relate to Skilled Services Requirements to be adjusted for case-mix and submission of OASIS data as a F. OASIS for Significant Change in geographic differences in wage levels. condition for payment under the HH Condition No Longer Associated With Section 1895(b)(4)(B) of the Act requires PPS, implements a revised Outcome and Payment the establishment of an appropriate Assessment Information Set (OASIS–C) G. Payment Safeguards for Home Health Agencies case-mix change adjustment factor that for episodes beginning on or after H. Physician Certification and adjusts for significant variation in costs January 1, 2010, and implements a Recertification of the Home Health Plan among different units of services. Consumer Assessment of Healthcare of Care Similarly, section 1895(b)(4)(C) of the Providers and Systems (CAHPS) Home I. Routine Medical Supplies Act requires the establishment of wage III. Provisions of the Final Rule Health Care Survey (HHCAHPS) adjustment factors that reflect the affecting payment to HHAs beginning in IV. Collection of Information Requirements A. ICRs Regarding the Requirements for relative level of wages, and wage-related CY 2012. Also, this rule makes payment costs applicable to home health services safeguards that will improve our Home Health Services B. ICRs Regarding Deactivation of Medicare furnished in a geographic area enrollment process, improve the quality Billing Privileges compared to the applicable national of care that Medicare beneficiaries C. ICRs Regarding Prohibition Against Sale average level. Pursuant to 1895(b)(4)(c), receive from HHAs, and reduce the or Transfer of Billing Privileges the wage-adjustment factors used by the Medicare program’s vulnerability to D. ICRs Regarding Patient Assessment Data Secretary may be the factors used under fraud. This rule also adds clarifying V. Regulatory Impact Analysis section 1886(d)(3)(E) of the Act. language to the ‘‘skilled services’’ I. Background Section 1895(b)(5) of the Act gives the section and Conditions of Participation Secretary the option to make additions (CoP) section of our regulations. This A. Requirements of the Balanced Budget or adjustments to the payment amount rule also clarifies the coverage of routine Act of 1997 for Establishing the otherwise paid in the case of outliers medical supplies under the HH PPS. Prospective Payment System for Home because of unusual variations in the DATES: Effective Date: These regulations Health Services type or amount of medically necessary are effective on January 1, 2010. The Balanced Budget Act of 1997 care. Total outlier payments in a given FOR FURTHER INFORMATION CONTACT: (BBA) (Pub. L. 105–33) enacted on fiscal year (FY) or year may not exceed Randy Throndset, (410) 786–0131 August 5, 1997, significantly changed 5 percent of total payments projected or (overall HH PPS). the way Medicare pays for Medicare estimated. James Bossenmeyer, (410) 786–9317 (for home health services. Section 4603 of In accordance with the statute, we information related to payment the BBA mandated the development of published a final rule (65 FR 41128) in safeguards). the home health prospective payment the Federal Register on July 3, 2000, to Doug Brown, (410) 786–0028 (for system (HH PPS). Until the implement the HH PPS legislation. The quality issues). implementation of a HH PPS on October July 2000 final rule established Kathleen Walch, (410) 786–7970 (for 1, 2000, home health agencies (HHAs) requirements for the new HH PPS for skilled services requirements and received payment under a cost-based home health services as required by clinical issues). reimbursement system. section 4603 of the BBA, as
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subsequently amended by section 5101 153-category case-mix classification to the MMA also states that the timelines of the Omnibus Consolidated and assign patients to a home health for these regulations may vary but shall Emergency Supplemental resource group (HHRG). Clinical needs, not exceed 3 years after publication of Appropriations Act (OCESAA) for Fiscal functional status, and service utilization the preceding proposed or interim final Year 1999, (Pub. L. 105–277), enacted are computed from responses to selected regulation except under exceptional on October 21, 1998; and by sections data elements in the OASIS assessment circumstances. 302, 305, and 306 of the Medicare, instrument. This final rule finalizes provisions set Medicaid, and SCHIP Balanced Budget For episodes with four or fewer visits, forth in the August 13, 2009 proposed Refinement Act (BBRA) of 1999, (Pub. L. Medicare pays on the basis of a national rule (74 FR 40948). In addition, this 106–113), enacted on November 29, per-visit rate by discipline; an episode final rule has been published within the 1999. The requirements include the consisting of four or fewer visits within 3-year time limit imposed by section implementation of a HH PPS for home a 60-day period receives what is referred 902 of the MMA. Therefore, we believe health services, consolidated billing to as a low utilization payment that the final rule is in accordance with requirements, and a number of other adjustment (LUPA). Medicare also the Congress’ intent to ensure timely related changes. The HH PPS described adjusts the national standardized 60-day publication of final regulations. in that rule replaced the retrospective episode payment rate for certain reasonable cost-based system that was intervening events that are subject to a II. Summary of the Proposed Provisions used by Medicare for the payment of partial episode payment adjustment and Response to Comments home health services under Part A and (PEP adjustment). For certain cases that In the, August 13, 2009 Federal Part B. For a complete and full exceed a specific cost threshold, an Register (74 FR 40948) we published the description of the HH PPS as required outlier adjustment may also be proposed rule entitled, ‘‘Medicare by the BBA, see the July 2000 HH PPS available. Program; Home Health Prospective final rule (65 FR 41128 through 41214). D. Corrections Payment System Rate Update for CY B. Deficit Reduction Act of 2005 We published a final rule with 2010’’ and provided for a 60-day On February 8, 2006, the Deficit comment period in the Federal Register comment period. In this proposed rule Reduction Act of 2005 (Pub. L. 109–171) on August 29, 2007 (72 FR 49762) that we proposed updates to the Home (DRA) was enacted. Section 5201 of the set forth a refinement and rate update to Health Prospective Payment System DRA requires HHAs to submit data for the 60-day national episode rates and (HH PPS) rates; the national purposes of measuring health care the national per-visit rates under the standardized 60-day episode rates, the quality, and links the quality data Medicare prospective payment system national per-visit rates, the non-routine submission to payment. This for home health services for CY 2008. In medical supply (NRS) conversion factor, requirement is applicable for CY 2007 this final rule with comment period, in and the low utilization payment amount and each subsequent year. If an HHA Table 10B (72 FR 49854), the short (LUPA) add-on payment amount, under does not submit quality data, the home description for ICD–9–CM code 250.8x the Medicare prospective payment health market basket percentage & 707.10–707.9 should read ‘‘PRIMARY system for home health agencies increase will be reduced 2 percentage DIAGNOSIS = 250.8x AND FIRST effective January 1, 2010. As part of the points. In accordance with the statute, OTHER DIAGNOSIS =707.10–707.9. CY 2010 proposed rule (74 FR 40948), we published a final rule (71 FR 65884, Instead of a formal correction notice, we we also proposed a change to the HH 65935) in the Federal Register on are notifying the public of this PPS outlier policy, proposed to require November 9, 2006 to implement the correction in this final rule. the submission of OASIS data as a pay-for-reporting requirement of the condition for payment under the HH DRA, codified at 42 CFR 484.225(h) and E. Updates to the HH PPS PPS, and proposed payment safeguards (i). As required by section 1895(b)(3)(B) that would improve our enrollment of the Act, we have historically updated process, improve the quality of care that C. System for Payment of Home Health the HH PPS rates annually in the Medicare beneficiaries receive from Services Federal Register. Most recently, we HHAs, and reduce the Medicare Generally, Medicare makes payment published a notice in the Federal program’s vulnerability to fraud. The CY under the HH PPS on the basis of a Register on November 3, 2008 (73 FR 2010 proposed rule also added national standardized 60-day episode 65351) that set forth the update to the clarifying language to the ‘‘skilled payment rate that is adjusted for the 60-day national episode rates and the services’’ section and the Conditions of applicable case-mix and wage index. national per-visit rates under the Participation (CoPs) sections of our The national standardized 60-day Medicare prospective payment system regulations, and also clarified the episode rate includes the six home for home health services for CY 2009. coverage of routine medical supplies health disciplines (skilled nursing, under the HH PPS. We also solicited home health aide, physical therapy, F. Requirements for Issuance of comments on: Physician/patient speech-language pathology, Regulations interaction associated with the home occupational therapy, and medical Section 902 of the Medicare health plan of care (POC); a Consumer social services). Payment for non- Prescription Drug, Improvement, and Assessment of Healthcare Providers and routine medical supplies (NRS), is no Modernization Act of 2003 (MMA) Systems (CAHPS) Home Health Care longer part of the national standardized amended section 1871(a) of the Act and Survey; the Outcome and Assessment 60-day episode rate and is computed by requires the Secretary, in consultation Information Set (OASIS), Version C, multiplying the relative weight for a with the Director of the Office of effective January 1, 2010; proposed pay particular NRS severity level by the NRS Management and Budget, to establish for reporting measures for use in CY conversion factor (See section III.C.4.e). and publish timelines for the 2011; and a number of minor payment- Durable medical equipment covered publication of Medicare final related issues. We also responded, in under the home health benefit is paid regulations based on the previous the CY 2010 proposed rule (74 FR for outside the HH PPS payment. To publication of a Medicare proposed or 40948), to comments received as a result adjust for case-mix, the HH PPS uses a interim final regulation. Section 902 of of our solicitation in the CY 2008 HH
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PPS final rule with comment period (72 outlier payments to total HH PPS conversion factor by 5 percent in order FR 49762). payments. We performed an analysis of to create an outlier pool that In response to the publication of the all providers who receive outlier accommodates estimated outlier CY 2010 HH PPS proposed rule, we payments, focusing our analysis on total payments of 5 percent of total HH PPS received approximately 73 items of HH PPS payments, total outlier payments. Targeting the percentage of correspondence from the public. We payments, number of episodes, number outlier payments at approximately 2.5 received numerous comments from of outlier episodes, and location of percent would allow us to create a various trade associations and major provider. Specifically, our analysis smaller outlier pool and return the health-related organizations. Comments incorporated a 10 percent per-agency remaining 2.5 percent to the HH PPS also originated from HHAs, hospitals, cap on outliers and looked at outlier rates. In the proposed rule, we proposed other providers, suppliers, practitioners, payments as a percentage of total HH to retain a 2.5 percent reduction to the advocacy groups, consulting firms, and PPS payments with that 10 percent per- national standardized 60-day episode private citizens. The following agency cap in place. That analysis rates, the national per-visit rates, the discussion, arranged by subject area, revealed that with a 10 percent per- LUPA add-on payment amount, and the includes our responses to the comments agency outlier cap in place, outlier NRS conversion factor to fund the and, where appropriate, a brief dollars accounted for approximately 2.1 proposed target of approximately 2.5 summary as to whether or not we are percent of total HH PPS payments. percent of total estimated HH PPS implementing the proposed provision or Additionally, we performed a separate payments in outlier payments, adhering some variation thereof. analysis on CMS data using Medicare to the statutory requirement in section A. Outlier Policy provider numbers of members of a major 1895(b)(3) of the Act. association of home health agencies Comment: Most commenters were Section 1895(b)(5) of the Act allows who claim to be safety-net providers, very supportive, and in favor of the for the provision of an addition or serving sicker, more costly patients. The overall proposed HH PPS outlier policy. adjustment to the regular 60-day case- average outlier payment to these Commenters stated that anomalous mix and wage-adjusted episode agencies was found to be less than 2 outlier trends in recent years are payment amount in the case of episodes percent. compelling evidence that abusive and that incur unusually high costs due to In the proposed rule we recognized possibly fraudulent practices are patient home health care needs. This that although program integrity efforts widespread in many areas of the section further stipulates that total associated with excessive outlier country and that increased safeguards outlier payments in a given year may payments continue in targeted areas of are necessary to curb inappropriate not exceed 5 percent of total projected the country, we continue to be at risk of activity as it relates to the billing of or estimated HH PPS payments. Section exceeding the 5 percent statutory limit outlier episodes under the HH PPS. 1895(b)(3)(C) of the Act stipulates that on estimated outlier expenditures. Commenters further stated that the the standard episode payment be Therefore, we focused our analysis on proposed changes were reasonable areas reduced by such a proportion to account whether a broader policy change to our of focus for additional safeguards for the aggregate increase in payments outlier payment policy might also be against fraud and abuse in the area of resulting from outlier payments. Under warranted, to mitigate possible billing billing for outliers in the HH PPS. Other the HH PPS, outlier payments are made vulnerabilities associated with excessive commenters stated that they strongly for episodes for which the estimated outlier payments, and to adhere to our supported CMS in its efforts to curb cost exceeds a threshold amount. The statutory limit on outlier payments. Our fraud and abuse and are not opposed to wage adjusted fixed dollar loss (FDL) analysis revealed that a 10 percent per- the proposed implementation of these amount represents the amount of loss agency cap in outlier payments would changes to the outlier policy. Several that an agency must bear before an mitigate potential inappropriate outlier commenters found the proposed outlier episodes becomes eligible for outlier billing vulnerabilities while minimizing policy to be fair and expect the policy payments. the access to care risk for high needs to be effective. In recent years, our analysis has patients. Response: We appreciate the revealed excessive growth in outlier Therefore, to mitigate possible billing overwhelming support from payments, primarily the result of vulnerabilities associated with excessive commenters that we received on our suspiciously high outlier payments in a outlier payments, and to adhere to our proposed HH PPS outlier policy. We few discrete areas of the country. In our statutory limit on outlier payments, we would like to point out that fraudulent CY 2009 payment update, we did not proposed to implement an agency level activity is not widespread in many areas raise the FDL ratio, given the statistical outlier cap such that in any given of the country. These sort of fraudulent outlier data anomalies that we identified calendar year, an individual HHA activities are occurring in a few discrete in certain targeted areas, because would receive no more than 10 percent areas of the country. We continue to program integrity efforts, such as of its total HH PPS payments in outlier believe that an agency-level outlier cap payment suspensions for HHAs with payments. Additionally, we proposed to is the appropriate policy, at this time, to questionable outlier billing activities, reduce the FDL ratio to 0.67 for CY mitigate possible billing vulnerabilities were underway to address excessive, 2010. This combination of a 10 percent associated with excessive outlier suspicious outlier payments that were agency level outlier cap, and reduced payments and to adhere to our statutory occurring in these areas. Instead, we FDL ratio of 0.67, and allowing for limit on outlier payments. As such, in maintained the then-current (CY 2008) future growth in outlier payments, conjunction with the 10 percent agency FDL ratio of 0.89 in CY 2009 while resulted in a projected target outlier level outlier policy, we proposed to actions to remedy inappropriate outlier payment outlay of approximately 2.5 target a new 2.5 percent outlier pool (as payments in these target areas of the percent of total HH PPS payments in opposed to the existing 5 percent outlier country were effectuated. outlier payments. pool), and return 2.5 percent back into In our CY 2010 HH PPS proposed Currently, we reduce the national the national standardized 60-day rule, we expanded our outlier analysis standardized 60-day episode payment episode rates, the national per-visit to assess the appropriateness of rates, the national per-visit rates, the rates, the LUPA add-on payment adopting a lower target percentage of LUPA add-on amount, and the NRS amount, and the NRS conversion factor,
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with a 0.67 FDL ratio. For reasons accept difficult and hard-to-place thereby making it difficult for HHAs outlined later in this final rule, we are patients. that are trying to stay under a 10 percent finalizing this outlier policy for CY 2010 Response: For the past several years, cap to meet the requirement and still only. CMS has updated the FDL ratio in deliver care. Another commenter stated Comment: Several commenters attempts to estimate outlier dollars to be that the proposal to reduce the FDL to supported the new, lower, outlier target no more than 5 percent. However, 0.67, which would increase the number of approximately 2.5 percent, and because outlier payments in certain of episodes that qualify for outlier applauded CMS for restoring dollars to areas of the country continue to increase payments, is a ‘‘futile gesture’’ in the the HH PPS payment rates. A at alarming rates, updating the FDL on face of a 10 percent cap. commenter commended CMS for an annual basis has proven to not be Response: We appreciate commenters’ thoughtfully considering the negative enough to keep outlier dollars at no support of lowering the FDL ratio to impact on patient access, should outlier more than 5 percent of total HH PPS 0.67. As stated above, CMS plans to payments be completely eliminated. A payments. As we described in the analyze overall national spending on few commenters urged CMS to monitor proposed rule, our analyses show that outlier payments relative to the new 2.5 outlier expenditures and further reduce when we remove from our analyses percent outlier pool by geographic area the FDL if outlier payments drop below HHAs in areas of the country with high and provider type. CMS also plans on the new 2.5 percent target. A commenter suspect outlier payments, as well as looking at outlier payments per HHA asked CMS to explain the methods that small agencies that are not relative to the 10 percent cap on outlier would be used to monitor these outlier representative of the types of agencies payments at the agency level by payments. we suspect of suspicious billing geographic area and provider type. At Response: We appreciate the support activities, outlier payments for the rest the same time, we will be looking at of the proposed outlier target of of the country account for less than 2 how the FDL ratio of 0.67 affects the approximately 2.5 percent and returning percent of total HH PPS payments. As percentage of outliers, and consider 2.5 percent back into the HH PPS rates. described in the proposed rule, our adjustments to the FDL ratio (up or analyses have shown that in simulating down) if appropriate. We are decreasing As a commenter stated, CMS did give payment for CY 2010, imposing an the FDL ratio from 0.89 to 0.67 because thoughtful consideration to eliminating outlier cap of 10 percent at the agency the latest data and best analysis the outlier policy altogether, and level, we would pay approximately 2.32 available tell us that in conjunction with although we reserve the right to percent of total HH PPS payments in an outlier policy that invokes a 10 eliminate the outlier policy in the outlier payments. percent agency level outlier cap and a future, should circumstances make that Additionally, in our separate analysis target outlier pool of approximately 2.5 necessary, we believe that an outlier of CMS data using provider numbers percent (returning 2.5 percent to the HH target of approximately 2.5 percent and from a major home health agency PPS rates), a FDL ratio of 0.67 is returning 2.5 percent back into the HH association’s agencies, which claim to appropriate. As we stated in the PPS rates, for CY 2010, is the service a sicker, more costly population, proposed rule and throughout this final appropriate policy at this time. As part only one of these agencies was rule, if we are unable to see measurable of our final outlier policy, in addition to estimated to exceed a 10 percent outlier improvements with respect to suspected returning 2.5 percent back into the HH cap. Further analysis shows us that fraudulent billing practices as they PPS rates, because of the 10 percent cap approximately 70 percent of all HHAs relate to HHA outlier payments, CMS on outlier payments, CMS is also receive between 0 percent and 1 percent may consider eliminating the outlier lowering the FDL from 0.89 to 0.67, in outlier dollars as a percentage of their policy entirely in future rulemaking. making it easier for episodes to qualify total HH PPS payments. Consequently, Comment: A number of commenters for outlier payments. Thus, in addition we believe that a final outlier policy for supported the ‘‘rolling basis’’ in to the fact that few non-fraudulent CY 2010 that includes a 10 percent determining whether outlier payments providers are expected to be impacted agency level outlier cap, a target of should be made at any given time by the 10 percent cap, all providers will approximately 2.5 percent for outlier during the year. However, another benefit from the 2.5 percent increase in dollars as a percentage of total HH PPS commenter cautioned CMS not to create the base rate and will also be helped by payments, returning 2.5 percent back a tracking nightmare for fiscal the lowering of the FDL ratio. As stated into the HH PPS rates, and a 0.67 FDL intermediaries and providers that is above, CMS plans to analyze overall ratio is the appropriate policy, and that overly burdensome or complicated to national spending on outlier payments it appropriately pays for legitimate administer. Yet another commenter was relative to the new 2.5 percent outlier outlier episodes as well as all other concerned about a delay in payments to pool by geographic area and provider types of episodes under the HH PPS. HHAs, for services that have already type. CMS also plans on looking at Because our trend analysis shows that been provided, and expenses that have outlier payments, per HHA, relative to outlier expenditures continue to grow, already been incurred. That same the 10 percent cap on outlier payments we proposed and are finalizing as part commenter suggested that to address at the agency level by geographic area of our final outlier policy, an outlier cash flow issues, CMS should delay the and provider type. target of approximately 2.5 percent. process of identifying and withholding Comment: There was a commenter Comment: Most commenters were in outlier payments until the end of the who was opposed to returning a portion support of lowering the FDL ratio to that first or second quarter of the calendar of the current 5 percent pool to the HH of 0.67, but urged CMS to carefully year, making it easier to HHAs to absorb PPS rates, stating that doing so would monitor the effects of reducing the FDL early outlier cases. Another commenter reduce resources to provide for sicker ratio to gauge whether there is an was concerned that the ‘‘rolling cap’’ patients and increase funds paid for increase in inappropriate outliers and if would result in accounting challenges, lost-cost/low-utilization patients who increasing the FDL ratio might be and suggested a quarterly look-back are already well provided for. Another necessary in the future. A commenter with a lump sum whenever outlier commenter was concerned about asked CMS to keep the FDL ratio at 0.89 payments exceeded the 10 percent cap. reducing the outlier pool to 2.5 percent, because lowering it to 0.67 would make A commenter stated that a rolling stating that it would hurt providers that it easier for episodes to become outliers, method could create excessive outlier
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down-scores until the next calculation. effective deterrent to fraudulent to be receiving inappropriate outlier The commenter believed that a behavior. In general, the commenter payments. It is clear that a 10 percent retrospective adjustment would be fairer supported more aggressive enforcement. agency outlier cap would have a major and would enable HHAs to reconcile A commenter stated that reference areas effect on agencies in certain areas of the revenue. Another commenter expressed with fraud should have much higher country involved in suspect concern about a retrospective incidence of additional document inappropriate billing practices. As such, recoupment, particularly an annual one, requests (ADRs) and phone calls to we did not want to have data from those and the impact such a recoupment beneficiaries from fiscal intermediaries. agencies skewing the results. To clarify, could have on the cash flow of smaller Documentation should be closely we did not exclude agencies with either agencies and agencies with lower reviewed for medical necessity, outlier payments or outlier episodes Medicare margins. qualifications, and homebound status. greater than 15 percent. We did exclude Response: Implementing the cap by a Response: As we stated in the agencies from our analysis that received post-payment recoupment process, proposed rule, so far as activities related sizeable outlier payments (totaling at either quarterly or annual, would delay to high levels of suspicious outlier least $100,000), had high ratio of outlier impact of the cap on HHAs that are payments, CMS is continuing with payments to total HH PPS payments (30 billing outlier episodes inappropriately. program integrity efforts including percent or more), and were located in Under a lump sum recoupment, there possible payment suspensions for HHAs the counties in Florida, Texas and could be a total disruption to an HHA’s with questionable outlier billing California where program integrity cash flow. That is, if the amount of activities. issues had been identified. Those outlier dollars paid in excess of the cap Comment: Commenters asked that agencies simultaneously satisfying all and scheduled for recoupment is greater CMS clarify that while outlier payments three of these exclusion criteria were than the amount due to the HHA for would be capped at 10 percent, at the considered highly suspect for other claims, the HHA’s payment could agency level, that the non-outlier inappropriate billing practices. We also stop completely for a time while the portion of the payment would still be excluded a small number of agencies recoupment was made. We believe this paid. that had fewer than 20 Medicare HH Response: We thank the commenters sort of payment disruption is PPS episodes, believing that Medicare for this comment, and apologize if we undesirable. beneficiaries account for such a small were not clear as to what portion of the Under our planned implementation part of their business that they are not HH PPS payment would be subject to approach, for each home health representative of the types of agencies the 10 percent cap. As stated in the provider, the claims processing system we are most concerned about proposed rule (at 74 FR 40957),the will maintain a running tally of the disadvantaging with an outlier cap outlier policy, finalized for CY 2010 year-to-date (YTD) total home health policy. Finally, we excluded a few payments. The claims processing system only, will include a 10 percent cap on additional agencies because they, too, will ensure that each time an outlier outlier payments at the agency level. were located in those same counties claim for an agency is processed, actual That is to say, an agency’s outlier experiencing program integrity issues, outlier payments will never exceed 10 payments are to be capped at 10 percent and thus we did not want to have data percent of the agency’s YTD total of its total HH PPS payments (of which from those agencies skewing the results payments. While an agency will always outlier payments are a part). For any either. receive its base episode payment timely, claim with an outlier payment, if it were the outlier portion of the claim will be determined that paying the outlier Comment: Some commenters paid on a rolling basis, as the agency’s portion of the total HH PPS payment for suggested that the proposed outlier YTD payments support payment of the that claim would result in the HHA policies will put small HHAs out of outlier. We plan to have a periodic exceeding the 10 percent cap in outlier business, while larger HHAs will be reconciliation process under which payments, only the outlier portion of the impacted only slightly. A commenter outlier payments that were withheld are claim would not be paid at that time. suggested that small HHAs will have to subsequently paid if the HHA’s total However, the regular HH PPS payment transfer their complex patients to larger payments have increased to the point (based on the HHRG that applies to that HHAs that generate enough income to that their outlier payments can be made. claim) is not subject to that 10 percent receive outlier patients, leaving small This reconciliation process will always outlier cap, and thus would be paid. HHAs with limited service offerings and result in additional cash flow to HHAs, Any HH PPS payment adjustments other more competitive disadvantages. The and so we believe it is preferable. With than the outlier payment (that is, PEP, commenter further asked CMS to further regard to revenue tracking, distinct recoding for therapy visits, etc.), would research the impact that the 10 percent coding will be used on the HHA’s also continue to apply to the claim. cap will have on HHAs that generate $2 remittance advice when outlier Comment: CMS’ analysis in the million or less. Another commenter payments are withheld, assisting proposed rule started by first identifying stated that special consideration should receivables accountants to identify and ‘‘all providers who receive outlier be given to smaller HHAs with fewer account for the differences between payments’’ but excluded agencies with than 50 patients with low expected and actual payments. For these greater than 15 percent outlier episodes socioeconomic status (SES). The reasons, we agree with the commenter for one reason or another. Such commenter also stated that CMS should that supported a rolling implementation exclusion skews analysis in favor of the take into account that there are cultural of the cap and will finalize this 10 percent cap at the agency level, and racial reasons why certain areas proposal. without considering that HHAs are may have more home health chronic Comment: A number of commenters shouldering the burden of serving patients. Another commenter stated that encouraged CMS to take more aggressive sicker, more costly patients, represented our proposed outlier policies would actions through program integrity by the excluded agencies with greater eliminate a safety net for HHAs that activities. One commenter than 15 percent outlier episodes. typically treat higher needs patients. recommended that a high rate of outliers Response: The purpose of our Some commenters cautioned CMS to for a particular HHA should trigger analyses was to show the impact of the analyze carefully the effects of such an medical review, creating a greater/more outlier cap policy on agencies not likely outlier policy to ensure that HHAs and
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beneficiaries and rural and under-served The commenter went on to say that this playing field.’’ Another commenter areas are not adversely affected. A policy would be life threatening to suggested that CMS allow higher cap number of commenters urged CMS to insulin dependent diabetics because percentages for counties with high ensure that HHAs that legitimately serve they would have no one to administer IDDM populations. sicker/more clinically complex patients their insulin. The commenter stated that Another commenter was opposed to are not penalized or put out of business, they were one of the few HHAs that the 10 percent outlier cap, stating that causing access issues for beneficiaries. accepted these types of patients, and it would put their patients in jeopardy. Another commenter suggested that in that if the 10 percent outlier cap were The commenter went on to say that they some areas lacking of other post acute implemented, there would be no HHA see elderly and mentally disabled adults settings available to beneficiaries, HHAs to take these patients, resulting in through Diabetic Outreach Services may have higher outlier costs. There insulin mismanagement, increased (DOS). The commenter stated that many was, however, a commenter who stated hospitalizations, and complications patients in DOS have vision that the proposed outlier policy assumes (including death). The commenter disturbances, cognitive impairment, or some financial loss from outlier stated that Houston has a high dexterity issues and are on the Medicare episodes, but that the commenter’s population of IDDM patients, and that home health benefit for multiple daily analysis on freestanding HHAs indicates CMS should consider regions/geography insulin injections. Without the HHA, or that some HHAs have lower costs than as to how an outlier cap should a willing/able caregiver, these patients those costs assumed in the proposed appropriately be applied. would likely dose incorrectly or not at policy. Consequently, these HHAs with A few commenters wanted to see all, leading to hospitalization, SNF lower costs may be able to profit from exceptions for certain types of patients, placement, or death. The commenter abusing the outlier policy, even with a while other commenters wanted to see further stated that those IDDM patients smaller outlier pool and provider level exceptions for HHAs specializing in receiving services from home health cap. treating certain types of patients. One agencies have fewer hospitalizations or Response: Our analysis (see proposed commenter proposed that HHAs urgent use of the medical system. rule at 74 FR 40956) shows that when specializing in chronic disease A few commenters were opposed to the counties with program integrity management (diabetes, congestive heart the proposed outlier policy, stating that problems are removed, the vast majority failure (CHF), wound care, etc.), with they take the ‘‘difficult cases’’ such as of the remaining providers have outlier criteria to safeguard against fraud, the unwanted children with psychiatric dollars below 10% of their total home should be exempt from the 10 percent issues, low SES, IV, wound-care, and health expenditures and thus will not be outlier cap policy. The commenter other diabetic cases, many of whom do affected by the policy. Further stated that criteria may include having not have caregivers. Many of their mitigating the effects of the outlier specialty providers working with the homebound patients are also vision policy is that the base rates for all HHA and that enhanced services impaired, have dexterity issues, or have episodes are being increased by 2.5%. (placing the patient as an outlier) are dementia and/or Alzheimer’s disease An alternative, as was discussed in the necessary. The commenter pointed out and require someone to be involved in proposed rule, would be to eliminate that, in their State, an association of their care. Those in assisted living the outlier policy altogether, an option diabetes educators was working towards facilities have even more specialized that some providers might find even less being able to certify HHAs with a needs. The commenter stated that appealing. While we continue to believe ‘‘Diabetes Education Program’’ which assisted living facilities are not always that our proposed outlier policy would could also be a requirement for those able to check glucose levels, and some not negatively impact the access to with outlier diabetics. HHAs providing are prohibited from administering home health care, we believe it prudent that specialty care should be willing to insulin. The commenter stated that to carefully monitor the impact that this collect and report data on outcomes to many patients cannot administer insulin new policy may have on access to home assure quality care is being provided. A safely, and families are unable to do so health care. Therefore, we are finalizing commenter stated that while a 10 due to work schedules. The commenter our proposed outlier policy, but for CY percent outlier cap may be appropriate wrote that incorrectly administered 2010 only. We will closely monitor data in most cases, episodes in which IDDM insulin can cause frequent calls to 911 trends and we may make this policy, or patients are being served should be and visits to the emergency room, and some variation of this policy, permanent exempt from that policy. Another that poorly managed diabetes can cause in future rulemaking. We believe that a commenter suggested that an exemption hyperglycemia, hypoglycemia, and final outlier policy for CY 2010 that for those HHAs willing to follow criteria death. The commenter stated that if this includes a 10 percent agency level for specialty care to safeguard against outlier policy were to be implemented, outlier cap, a target of approximately 2.5 fraud should be excluded from the cap. their patients would end up in the percent for outlier dollars as a Another commenter adamantly hospital, only redirecting Medicare percentage of total HH PPS payments, opposed the 10 percent outlier cap, as costs to high hospital bills. The returning 2.5 percent back into the HH they specialize in diabetic care, and commenter went on to say that their PPS rates, and a 0.67 FDL ratio is the such a policy would affect the way they agency sees patients in the homes and appropriate policy at this time. do business and their cash flow. The assisted living facilities for ‘‘house call’’ Comment: Some commenters opposed commenter stated that they would be diabetic services, and that patients who the proposed outlier policy, stating that forced to transfer IDDM patients to other are homebound and residing in assisted it penalized HHAs that treat insulin- HHAs. The commenter stated that such living facilities would be adversely dependent diabetes mellitus (IDDM) patients should not be punished by affected by this proposal. The patients. These commenters stated that forcing them to change providers due to commenter stated that putting a cap on this policy would ultimately end up government policy rather than choice. outliers will force HHAs to ‘‘dump’’ causing patients with IDDM to be The commenter also suggested that CMS IDDM patients, causing concern about denied treatment, and thus jeopardizing do more research on the impact of such these patients losing access to quality their lives. The same commenter stated a change and the effects that such a care. that IDDM patients have always been change would have on competitive Response: Excessive billing for IDDM the exception to the rule, ‘‘end in sight’’. dynamics as well as ways to ‘‘even the patients in counties with program
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integrity concerns is one of the main American Association of Diabetic majority of HHAs will not be affected by reasons necessitating the new outlier Educators regarding innovative the 10 percent outlier cap, and thus will policy. However, we are sensitive to the techniques associated with diabetes self be in a position to accept patients who commenter’s concerns that homebound management training (DSMT). legitimately need home health services, IDDM patients receive diabetes Collaborating with these organizations and meet the eligibility requirements for management support; likewise, we are may allow agencies to achieve greater the Medicare home health benefit. sensitive to the support and disease success in enabling IDDM patients and/ Comment: A few commenters management needs of patients with or their caregivers to better achieve self- generally supported the proposed chronic diseases such as other types of management, and may provide the outlier policy, but recommended diabetes, CHF, and wound care. Under agencies with innovative care modifications to the policy. Generally Medicare’s home health benefit, suggestions regarding their IDDM speaking, some commenters requested agencies are expected to provide patients. CMS will closely monitor that an appeals process be created for education and training to help IDDM utilization trends of IDDM home health HHAs that CMS initially determined to (and other diabetic) patients self-manage patients to assess the impact this policy have exceeded the 10 percent cap. The their diabetes. Many homebound may have on their access to care. concern here was that such a cap could patients with diabetes require short- Specifically, we plan to look at pre-2010 potentially affect legitimate outlier term management for skilled data to analyze trends of home health cases. As such, a commenter stated that observation, assessment, teaching and usage by IDDM patients, looking also at situations could evolve in which high training activities. If the patient is patterns of their Medicare utilization needs patients receiving care at one unable to learn to self-manage, prior to the home health episode, and HHA are forced to change agencies including self-administer medication, will compare those patterns with during a potentially critical time. This the home health agency would be current usage. commenter also found it concerning that Comment: A commenter stated that expected to provide the teaching and we would have a cap policy that could while MedPac may have reported that training to a care-giver or family potentially not allow for reimbursement beneficiaries have access to an adequate member. There will always be a for a valid outlier case. Another number of HHAs, the reality is that subgroup of patients who cannot learn commenter suggested that CMS target many HHAs limit acceptance of high- self-management, do not have a willing areas where the data indicate the utilization patients due to lack of overutilization of outliers, rather than and able caregiver, and/or have no resources or to protect their bottom line. community support. However, as The commenter also stated that they applying the policy to all HHAs in the discussed in the proposed rule, our accept referrals for patients that other country. We also received the following analysis shows us that after excluding agencies will not admit. Another recommended modifications: (1) The HHAs in certain areas of the country commenter stated that they would not cap should be put in place no earlier where fraudulent billing practices are be able to accept these types of patients than 2011 (different versions of a delay suspected, we expect that less than 2 if the proposed outlier policy were included that of a delay until it is clear percent of all Medicare HHAs would be implemented, stating that they already that Congress has addressed the issue, affected by a 10 percent cap on outlier take a 20 percent loss on these patients, while another version suggested payments, and that of that less than 2 which they offset with the few low- phasing-in the 10 percent cap by percent of HHAs, almost all are located utilization short episodes they receive. starting with a higher cap of 15 or 20 in urban areas where beneficiaries have The commenter stated that their agency percent); (2) CoPs should be amended to other choices. We also expect that the will be restricted in the number of high allow agencies to discharge outlier ability of agencies to receive 10 percent utilization, sicker patients that they will patients when it can be estimated that of their total payment in outliers would accept. The commenter stated that many a HHA will exceed the cap; similarly, partially compensate agencies for the HHAs will not gamble with CoPs should be amended to permit a care associated with this subgroup. The reimbursement calculations, timing, and HHA to deny admission to an outlier outlier policy in the HH PPS was never cash flow issues that would be patient when its estimated cap will be intended to fully compensate HHAs for associated with a 10 percent cap. exceeded. CoP amendments should also episodes that incur unusually high costs Consequently, the commenter believed address patient notice rights; (3) During due to patient home health care needs. that there would be no agency for many pendency of cap discharges, allow an Rather, the intent of the outlier policy of the patients to turn to, and therefore exception to the cap if a HHA can show is to mitigate the negative financial this would likely result in an access to that it took all reasonable measures to impact that unusually high cost patients care issue. secure alternative care for qualified have on HHAs. We believe that our final Response: While experience varies patients; (4) Establish an exemption if outlier policy for this rule, that includes from year to year, on average, the the provider exceeding cap can show a 10 percent per-agency cap on outlier increased cost of sicker patients should that patients served are qualified and payments, is consistent with that intent. generally be offset by the decreased cost that no other HHA is available to admit Our analysis shows us that for other patients. As stated in an earlier them; (5) Establish a registry of HHAs approximately 70 percent of HHAs response to comments, based on our that report availability to accept outlier receive between 0 percent and 1 percent analysis (which excludes HHAs in patients; (6) Issue ‘‘best-practice’’ in outlier payments. Therefore, we certain areas of the country involved in guidelines for dealing with outlier believe our final outlier policy (which potentially fraudulent billing practices), patients; (7) The Secretary of HHS includes a 10 percent cap on outlier we expect that less than 2 percent of all should coordinate regulatory efforts payments at the agency level) is Medicare HHAs may be affected by a 10 with current proposals in Congress that reasonable and responsible. We also percent cap on outlier payments, and of would modify outlier standards. Not encourage home health agencies to take this group of HHAs who may be affected doing so could result in piecemeal advantage of the help and support by the 10 percent outlier cap, a vast enactment which could put HHAs at available from organizations such as the majority are located in urban areas higher risk; (8) Clarify that the American Diabetes Association, the where beneficiaries have other choices. application of the cap calculation is Indian Health Service, and the That being stated, an overwhelming based solely on outlier adjustments.
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Response: An appeals process would paid. Any HH PPS payment adjustment which was not an option at this time; be cumbersome and difficult to (that is, PEP, recoding for therapy visits, otherwise their parents would not get implement for such a small percentage etc.) other than the outlier payment, their insulin regularly. The commenters of situations. HHAs should be able to would also continue to apply to the stated that if their parents would not predict whether they will be affected by claim. move in with them, their parents would a 10 percent outlier cap policy based on Comment: A commenter agreed with go into a nursing home. Commenters past utilization and, in legitimate the approach, but stated that the believed this was an attempt by CMS to situations, be able to point the overarching problem is that beneficiary save money while risking the lives of beneficiaries to alternatives. CMS is needs have increased and that the flaw patients. These commenters urged CMS moving forward with implementation of is not in the outlier policy but in low to reconsider the outlier policy. One the 10 percent outlier cap for CY 2010, reimbursement. The commenter commenter, an insulin patient, stated effective January 1, 2010. With suspect suggested that CMS develop more that he/she was unable to give himself/ fraudulent outlier billing practices accurate methods to deal with HHAs herself shots and did not have family to continuing to increase, we believe it that ‘‘gamed’’ the outlier policy, versus do so on a regular basis. The commenter crucial to implement this policy now putting forward the proposed policy. went on to say that if nurses cannot (CY 2010) rather than delay. The commenter asked CMS to consider come to their home, he/she would end Additionally, a delay, while something akin to the hospice cap, but up in the hospital or nursing facility. maintaining the current FDL ratio of with a modifier to allow for HHAs with The commenter stated that the cost to be 0.89, would not be possible. In such a sicker patients. in a nursing facility would be more than Response: We disagree that the flaw is scenario (that is, a delay), CMs would the cost of a home health nurse who in the low reimbursement rates. The have to either eliminate the outlier pool comes to his/her home. The commenter newly refined 153–HHRG case-mix requested that CMS not change how it altogether, or raise the FDL ratio model now reflects different resource significantly (see CY 2009 HH PPS pays the home health nurse. costs for early home health episodes Response: CMS is sympathetic to the Update Notice at 73 FR 65357), so as to versus later home health episodes and fact that some beneficiaries who need maintain a 5 percent outlier pool, if the expanded the case-mix variables help administering insulin. The new 10 percent outlier cap were not included in the payment model. The outlier policy is intended to address the implemented this year. However, CMS newly refined model also replaced the inappropriate, potentially fraudulent does not believe that eliminating the previous single 10-therapy threshold billing practices that we are seeing. In outlier policy or raising the FDL ratio is with three therapy thresholds (6, 14, our view, there is no reason to expect the appropriate policy at this time. and 20 therapy visits), with gradual a large number of insulin patients Revisions to existing CoPs do not need payment increases between the first and unable to treat themselves would all be to take place in order to implement this third therapy thresholds. The newly utilizing a single provider, and this is, outlier policy. CoPs do not, and are not refined model also includes six severity in fact, generally the case in all areas of intended to, address or restrict the levels at which it pays for non routine the country except those with severe ability of HHAs to discharge patients. medical supplies (NRS). We believe that program integrity issues. We believe The HHA is required to accept patients the new model has addressed the areas that by implementing such a policy, in with a reasonable expectation that the identified by the industry as ‘‘not being conjunction with the continued program patient’s medical, nursing, and social accounted for’’ in the previous 80– integrity efforts, including possible needs can be adequately met by the HHRG case-mix model. Sicker patients payment suspensions for HHAs with agency at the patient’s place of are accounted for in the more detailed questionable outlier billing activities, residence (42 CFR 484.18). The CoPs 153–HHRG case-mix model. Home Medicare beneficiaries will continue to already address patients’ rights at 42 health margins, even by industry receive the services they need, while CFR 484.10. Given the availability of standards, have been generous. providers receive appropriate payment HHAs, and the estimated infrequency of Comment: Several commenters whose for the services they provide. We are circumstances where legitimate cases parents are Medicare HHA patients were committed to addressing potentially might exist, we do not believe that opposed to the proposed outlier policy, fraudulent activities, especially those in exemptions are necessary. As noted in stating that their parents are diabetic areas where we see suspicious outlier a previous response to comments, as and unable to administer insulin; that payments, and will monitor and stated in the proposed rule (at 74 FR the children’s work schedules are not aggressively pursue actions towards 40957) and finalized in this rule for CY flexible, and consequently the adult agencies where inappropriate billing of 2010 only, the outlier policy will children are not consistently available outlier payments is identified. include a 10 percent cap on outlier to assist their parents. These Comment: One commenter urged payments at the agency level. That is to commenters stated that they rely on the CMS to re-examine the outlier policy in say, an agency’s outlier payments are to HHA to administer the insulin to their its entirety, as some HHRGs have more be capped at 10 percent of its total HH parents. These commenters emphasized underlying cost variation than others. PPS payments (of which outlier that their parents have paid into the Another commenter recommended that payments are a component). For any Medicare program and that it should be CMS modify use of HHRG scores and claim with an outlier payment, if it is available to them in their time of need. related payment in PPS for diabetic determined that paying the outlier The commenters also stated that episode and outlier payments, rather portion of the total HH PPS payment for changing this would be a horrible than limit the number of diabetic that claim would result in the HHA burden on them, as they would have to patients that an HHA can care for and exceeding the 10 percent cap in outlier have their parents move into their be paid for. A commenter suggested we payments, the outlier portion of the homes, which would be a difficult re-examine the outlier payment policy claim would not be paid at that time. situation. Commenters stated that their in its entirety. This commenter wrote However, the regular HH PPS payment parent’s independence would be lost that some HHRGs have significantly (based on the HHRG that applied to that forever and that their overall health more underlying variation in costs than claim) would not be subject to that 10 would suffer. These commenters stated others. Additionally, he wrote that high percent outlier cap, and thus would be that they may have to change jobs, therapy cases are unlikely to have
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outliers because of therapy dominance. outlier payments at 5 percent of total hospital or nursing home stays, or visits He added that agencies with a high HH PPS payments is the appropriate to emergency rooms. proportion dual eligibles have different policy at this time. Increasing the FDL To summarize, we believe that our visit profiles due to the more acute ratio would prevent many legitimate final outlier policy, for CY 2010 only, needs of dual eligibles. This commenter outlier cases from being considered as that includes a 10 percent cap on outlier believes that these issues suggest that a such, essentially hurting the larger payments at the agency level, in concert uniform fixed loss threshold and loss majority of HHAs that are billing with a new 2.5 percent outlier pool (as ratio across all HHRGs may not be appropriately. The commenter’s opposed to the existing 5 percent outlier appropriate policy. The commenter suggestion that we pay HHAs the lower pool), and returning 2.5 percent back suggested that a more customized policy of the published per-visit rates into the national standardized 60-day should be examined and may obviate multiplied by the number of visits episode rates, the national per-visit the need for a cap altogether. Another billed, or the current calculated outlier rates, the LUPA add-on payment commenter suggested that good HHAs payment, would not be an acceptable amount, and the NRS conversion factor, may easily exceed the cap, but alternative, as the end result would be with a 0.67 FDL ratio, to be the fraudulent HHAs may use outlier clients to pay the outlier payments as currently appropriate policy at this time. as a method of getting cross-referrals calculated. Using a HHA’s current We will continue to monitor the from other fraudulent HHAs for non- outlier percentage as the cap for that trends in outlier payments and any outlier patients. The commenter stated HHA would ignore the problematic related policy effects. Specifically, we that the proposed policy will not billing that has been occurring, and plan to analyze overall national eliminate fraud/abuse or save Medicare would do nothing to control the spending on outlier payments relative to dollars because most outlier patients problem that exists today with outliers the new 2.5 percent outlier pool by would be spread to all providers in an in home health. geographic area and provider type. We also plan to look at outlier payments, area. CMS would still be paying for just Comment: A commenter stated that per HHA, relative to the 10 percent cap as many outlier cases, but they would be there exist a number of negative effects, on outlier payments at the agency level spread amongst more providers. The which are significant and should be by geographic area and provider type. commenter suggested that a better modified/addressed, if the proposed So far as activities related to high approach would be to increase the FDL outlier policy were implemented, which suspect outlier payments, CMS is ratio so that estimated outlier dollars include: (1) Legitimate benefits would continuing with program integrity were close to the 5 percent allowed decrease due to lack of access resulting efforts including possible payment under statute. The commenter also in a poorer quality of care due to the suggested that another approach could suspensions for suspect agencies. We incentives to restrict care to diabetics to will re-examine this policy in future be to cap payment based on the avoid outlier status; therefore, people rulemakings, and will consider further published per visit rates, multiplied by would not receive care at home due to adjustments to this policy for CY 2011 the number of visits billed, or the outlier outlier status, resulting in an increase in and future years. payment, whichever is lower. Another the use of hospitals, nursing homes and Implementation strategy for a 10 commenter recommended emergency rooms; (2) Costs will percent agency level cap on outlier grandfathering in current patients, as increase; (3) Increasing number of payments. HHAs shouldn’t abandon patients patients will be displaced from homes, CMS plans on implementing the 10 already receiving services. The creating emotional and physical percent cap policy by making commenter also recommended hardship on patients and families, yet determinations as to whether or not a grandfathering in each HHA’s current patients respond best in a comfortable given outlier payment exceeds the 10 percentage of outliers and using that home environment; (4) It would be more percent cap on a ‘‘rolling’’ basis. Under percentage as the cap for that HHA. A cost-effective and promote better care if our planned implementation approach, few commenters also suggested that in the HHA were to specialize in diabetic for each home health provider, the setting caps, CMS should consider the care, as long as such care was medically claims processing system will maintain population of the county. necessary and the patient was a running tally of the year-to-date (YTD) Response: The premise of the new homebound. total home health payments. The claims outlier policy is not that the case-mix Response: As stated in an earlier processing system will ensure that each model is not accurately capturing the response to comments, based on our time an outlier claim for an agency is cost of resources in providing care for analysis (which excludes HHAs in processed, actual outlier payments will these patients. Rather, the new outlier certain areas of the country involved in never exceed 10 percent of the agency’s policy is being implemented due to the suspicious billing practices), we expect YTD total payments. While an agency frequency of inappropriate and possibly that less than 2 percent of all Medicare will always receive its base episode fraudulent billing practices. The HHAs will be affected by a 10 percent payment timely, the outlier portion of commenter’s suggestion of increasing cap on outlier payments, and that of this the claim will be paid as the agency’s the FDL to pay 5 percent in outlier group of HHAs who may be affected by YTD payments support payment of the dollars is precisely what CMS had been the 10 percent outlier cap, a vast outlier. We plan to utilize a periodic doing in past years, before the highly majority are located in urban areas reconciliation process under which suspect, and possibly fraudulent, billing where beneficiaries have other choices. outlier payments that were withheld are activities became so prevalent. As we Thus, an overwhelming majority of subsequently paid if the HHA’s total stated in a previous response to HHAs will not be affected by the 10 payments have increased to the point comments, our analysis shows us that percent outlier cap, and will be in a that its outlier payments can be made. minus the suspect fraudulent activity, position to accept patients who This reconciliation process will always we believe that 2.5 percent is a more legitimately need these services, and result in additional cash flow to HHAs, appropriate target for outlier payments meet the eligibility requirements for the and so we believe it is preferable. With as a percentage of total HH PPS Medicare home health benefit. As such, regard to revenue tracking, distinct payments. As such, we do not believe we do not believe that increased costs coding will be used on the HHA’s that simply increasing the FDL to pay will occur as a result of increases in remittance advice when outlier
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payments are withheld, assisting new data became available. Given that services by 1999. Although the use rate receivables accountants in identifying we have adjusted the rates for two has been rising since the historically and accounting for the differences consecutive years by ¥2.75 percent in low level brought by the BBA, the between expected and actual payments. each year (2008 and 2009), based on change in use rate is one reason for 2007 data, if we were to account for the lower payments compared to the past. B. Case-Mix Measurement Analysis remainder of the 13.56 percent residual Analyses by the Medicare Payment In the CY 2008 HH PPS final rule with increase in nominal case-mix over the Advisory Commission (MedPac) comment period, we stated that we next two years, we estimate that the indicate that home health agency would continue to monitor case-mix percentage reduction in the rates for margins have been generally very changes in the HH PPS and to update nominal case-mix change for each of the healthy. Congressionally mandated our analysis to measure change in case- remaining two calendar years (2010 and updates and other payment changes mix, both nominal and real. As stated in 2011) of the case-mix change adjustment under law have been made in the the proposed rule, we have continued to would be 3.51 percent per year. If we knowledge that agencies are generally monitor case-mix changes and our latest were to account for the remaining not at risk of becoming insolvent. The analysis supports the payment residual increase in nominal case-mix in continuing certification of new agencies adjustments which we implemented in CY 2010, we estimate that the and capital access for the industry, both the CY 2008 HH PPS. percentage reduction to the national of which are documented in MedPac’s The case-mix analysis used for this standardized 60-day episode rates and March 2009 annual report, are rule uses PPS data from 2007. As the NRS conversion factor would be additional indications that Medicare discussed in the proposed rule, this 6.89 percent. In the proposed rule, we payment is generally adequate or more analysis indicates a 15.03 percent proposed to move forward with our than adequate. Furthermore, MedPac increase in the overall observed case- existing policy, as implemented in the reported that freestanding agencies’ cost mix since 2000. We next determined August 22, 2007 CY 2008 final rule, of per case grew at a relatively low annual what portion of that increase was imposing a 2.75 percent reduction to the average rate of 1.5 percent per year associated with a real change in the national standardized 60-day episode between 2002 and 2007. This low rate actual clinical condition of home health rates and the NRS conversion factor for of cost growth compares favorably with patients. As was done for the CY 2008 CY 2010. We stated that we would annual payment updates of those years, final rule, using Abt Associates’ 6-phase continue to monitor any future changes notwithstanding Congressionally model, we examined data on in case-mix as more current data became mandated reductions to some updates. demographics, family support, pre- available and update as appropriate. Net updates for 2008 and 2009, admission location, clinical severity, Comment: A number of commenters incorporating the case-mix change and non-home health Part A Medicare were opposed to further payment adjustment, have been modestly expenditure data to predict the average reductions based on estimates of positive. In terms of impacts on case-mix weight for 2007. Our best nominal CM change. One commenter innovation, as we have noted elsewhere estimate is that approximately 9.77 wrote that CMS assumes upcoding, yet in our responses, some agencies have percent of the 15.03 percent increase in 2008 HHA payments are $1 billion less been able to make investments in new the overall observed case-mix between than 1997 payments. Several technology during these years. Home the IPS baseline and 2007 is real; that commenters noted that HHAs have health quality measures have been is, due to actual changes in patient faced years of market basket update generally stable or improving. In short, characteristics. reductions during this decade, and that at this time, we do not believe that the The estimate of real case-mix change combined with annual wage index survival of home health providers is continues to decrease for a number of uncertainties and reform pending in threatened, and we have no indication reasons: First, because the nominal Congress, and a case-mix adjustment on that quality, access, and innovation are change in case-mix continues to grow, top of these other reductions, the being compromised. real case-mix as a percentage of the total survival of HHAs is threatened. The Comment: One commenter agreed change/increase in case-mix becomes commenter stated that reductions may with MedPAC’s suggestion to establish less. With each successive sample, force the quality providers out of ‘‘profit/loss corridors’’ as a financial beginning with 2005 data (in the CY business, jeopardizing access, and safeguard for HHAs. Several 2008 final rule), the predicted average leaving only those who ‘‘game’’ the commenters urged CMS to suspend national case-mix weight is moving very system to provide care. A commenter further case-mix changes until a little because the variables in the model wrote that this is contrary to the solution is found that ensures used to predict case-mix are not interests of Medicare’s long term continuing access to home health care, changing much. At the same time, the solvency or growing future care needs, and offered to work with CMS on the actual average case-mix continues to and another wrote that reductions hurt issues surrounding the case-mix change grow steadily. Thus, the gap between innovation and quality. Additionally, a reductions. Several suggested that CMS the predicted case-mix value, which is commenter suggested that the effect of meet with the industry to discuss the based on information external to the the reductions will be to decrease data and methodology, and find OASIS, and the actual case-mix value, dollars available for treating patients, consensus. Another suggested that CMS grows with each successive sample. and will indirectly limit access for refrain from additional case-mix Consequently, as a result of this patients with heavy care needs. adjustments until an impartial third analysis, CMS recognizes that a 13.56 Response: We understand that some party, the industry, and Congress review percent nominal increase ((15.03 ¥ aspects of the payment environment the process for analyzing case-mix. (15.03 × 0.0977)) in case-mix is due to have been uncertain at times. However, Response: We appreciate the public’s changes in coding practices and the total of 1997 payments is not continuing effort to provide us with documentation rather than to treatment comparable to the expenditures comments and creative suggestions. The of more resource-intensive patients. following the Balanced Budget Act Secretary does not have authority under We stated in our CY 2008 HH PPS (BBA) of 1997, which took effect in current law to establish profit/loss proposed and final rules that we might August of that year. The BBA led to a corridors. Should these be mandated, find it necessary to adjust the offsets as markedly lower use rate of home health we welcome suggestions about how to
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implement them. Congress specifically is obligated to apply policy fairly. The This commenter is concerned that these addressed the possibility that nominal commenter suggested that we exempt safety net agencies would be pushed out coding change might occur when it agencies with low case-mix weights or of the Medicare program by negative authorized (in BIPA legislation) the which have not had excessive case-mix margins, creating a loss of critical Secretary to offset such changes by change from further across-the-board patient access. This commenter stated reducing rates (see Section reductions. that CMS should pay for the reasonable 1895(b)(3)(B)(iv) of the Act), and we are Response: We continue to believe that cost of care so that safety net agencies cognizant of the large reduction in costs it is more appropriate and feasible to could be viable. per episode that accompanied implement a nationwide approach to Response: Currently, the law does not prospective payment. Therefore, in 2007 case-mix change adjustment. An provide for payment differentials for we proposed and finalized a phased individual agency approach would be ‘‘safety net’’ agencies. Additionally, we reduction in coding-based payment administratively burdensome and believe that it would be extremely increases that we believe were not difficult to implement. Policies to difficult to accurately identify safety-net reflected by changes in underlying address the identity of agencies in light providers, and any such process to acuity, that were incurred between of changes to organizational structures identify and pay such providers FY2000 and CY2005. We have and configurations would need to be differently could be inaccurate, prone to continued to monitor nominal case-mix developed. Furthermore, smaller program vulnerabilities and costly to change through CY2007, and found agencies might have difficulty in administer. Additionally, it would continuing evidence that such changes providing accurate measures of real require CMS to enforce compliance with were occurring. We received public case-mix change because of their small whatever criteria we used to identify comments on the case-mix change caseloads. We do not foresee being able such providers, to ensure that these adjustment methodology in the past, to administer an individualized rate providers continue to qualify for the and we have enhanced the model reduction fairly and effectively. Nor do payment differential. Rather, CMS is consistent with comments where we believe it would be possible to currently focusing on demonstrations necessary. As we noted in the proposed administer a regional or other which have a goal to reward providers rule, after developing more data, we classification-based reduction fairly. based on the high quality of care intend to test additional enhancements Any sort of special regional payment provided, and savings associated with pursuant to comments we received in adjustments, the most common example high quality, such as decreased this rulemaking. At this time, we do not being a rural add-on payment, would hospitalizations. need to be legislated by Congress. know whether any future results Comment: Some commenters Contrary to the statement a commenter incorporating enhancements will suggested further refinements to the made about the conclusions of the Abt measure additional real case-mix change case-mix adjustment model as a way of than we have already accounted for Associates reports, the reports mitigating effects of the case mix change using the existing model and data. We documented that freestanding adjustment to the episode payment rate. continue to welcome suggestions on voluntary/nonprofit agencies had The commenters mentioned giving how to improve our measurement relatively low average case-mix weights credit for the absence of a caregiver, method in a feasible and cost-efficient in FY2000. The analysis allowed Medicaid status, residence in high crime manner. changes in the ownership/affiliation Comment: A number of commenters composition of the population of areas, use of wound care and other were opposed to the continuing agencies to contribute to real case-mix supplies, use of innovative technologies, decision to apply case-mix reductions to change, but it did not identify and for patients with advanced stages of all agencies regardless of their average differences in case-mix growth since debilitating chronic diseases. case-mix or rate of case-mix change. A FY2000 within any class of agencies. Response: We appreciate the commenter stated that the analysis Further, it seems unlikely that some commenters’ concerns and point out focused on averages and does not significant number of agencies has that we addressed the absence of account for States or regions with avoided nominal case-mix change. It is caregivers in our CY 2008 final rule. slower, more modest growth. A few counterintuitive to believe that agencies OASIS item M0350 asks whether there commenters suggested that the Abt in general have not advanced and are assisting persons in the home, other Associates reports showed that updated their application of OASIS and than the home care agency staff. On freestanding nonprofit agencies have not ICD9–CM diagnosis coding. In average, episodes without caregivers contributed to nominal case-mix change accordance with continuing educational might be underpaid under the current at a level comparable to for-profits, yet efforts on the part of CMS, the State case-mix model, but our analysis also all agencies are suffering equal cuts. The OASIS coordinators help agencies showed that the payment difference was commenter believes such a policy was understand and apply OASIS, and other not large. Moreover, we continue to unfair, and damaged agencies that CMS public and private assistance services believe this variable raises significant should be rewarding for their that have developed around the proper policy concerns. We restate our belief compliance, particularly non-profits. and accurate interpretation of OASIS that a case-mix adjustment should not Several commenters stated that the items and selection of the correct discourage assistance from family reductions disproportionately affected response to each item. That process of members, nor should it make patients hospital-based agencies or smaller advancing and updating the application believe that there is some financial stake agencies, particularly in rural areas. of OASIS is a natural outgrowth of the in how they report their familial While one commenter recognized the fundamental approach to payment supports while they are receiving home logistical problems if CMS were to adopted under the HH PPS. health services. Adoption of this excuse some agencies from further case- Comment: A commenter wrote that measure of case-mix risks introduction mix reductions, such as those that CMS should adopt criteria to identify of negative incentives into the case-mix didn’t have high average case-mix or and protect ‘‘safety net’’ agencies from adjustment system; these negative which had not increased their average the impact of case-mix payment incentives potentially could have case-mix at a rate suggesting nominal reductions, which admit patients based adverse effects on home health change, the commenter wrote that CMS on need rather than on profitability. Medicare beneficiaries.
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We also considered Medicaid status. OASIS, improvements in population changes. It is not certain that After accounting for a broad range of documentation, and the quality of care. these attempts will identify additional clinical and functional factors which Response: As we have noted in real case-mix change. If home health predict resource use, the presence of a responding to similar comments in practice has evolved between FY2000 Medicaid number was found to add a previous regulations, improved OASIS and today to provide an inter- negligible amount to the predicted implementation, staff education, and disciplinary approach, this is not resource use, suggesting that having improvements in documentation are necessarily a change in the real case-mix Medicaid is not a strong predictor of indications of coding change, not an of the treated population; it could well resource use. Given the administrative actual change in patient case-mix. While be a change in treatment practices, given burdens of verifying the current they may represent a much-desired that evidence from the case-mix change Medicaid status of a patient, we judged improvement in the accuracy of data model and other evidence we have that, on balance, adding Medicaid used to manage the care of patients, they presented in previous regulations point enrollment to the case-mix model was do not represent cost increases related to little change in the health not warranted. to the health status of patients. We have characteristics of home health users. We know of no data to measure no basis to recognize the quality of care Notwithstanding the question of residence in high crime areas reliably as a factor to consider in the review of whether any shift towards an for purposes of payment operations; nor nominal vs. real case-mix change. The interdisciplinary approach has are there studies documenting the role legal basis for making payment occurred, data cited by the Medicare of this variable in patient-by-patient cost reductions is nominal case-mix Payment Advisory Commission and our differences. The idea of incorporating increases that can result from changes in own analyses of home health margins technology use, such as wound care coding practices and from coding indicate that home health agencies are supplies and other innovative improvements, as well as from financial being adequately paid under the HH technologies, in determining the incentives in the payment system. PPS. payment for specific patients raises Comment: Commenters cited an Contrary to the assertion of the significant policy issues about the role evolving home health population and specific commenter that we had of the government in driving agency changes in patient characteristics as concluded that all of the change in case- decisions about the mix of inputs to be factors to consider in the review of mix was nominal, we identified nearly used in delivering care. Our approach nominal vs. real case-mix change. A one-tenth of the difference between the has been to document and pay in number of commenters mentioned that average case-mix weight for FY2000 and accordance with the average costs the patients entering home health are CY2007 as real case-mix change. We incurred when treating patients with sicker, have more complex conditions allowed for that amount in the rate different characteristics, but not to pay with more co-morbidities, and require a reductions. Regarding the large 13.4 in accordance with agency technology more costly inter-disciplinary approach. percent change in average case-mix choices. To the extent that costly One noted that the 1997 to 2000 weight between 1997 and 2000 (that is, technology is reflected in NRS costs and increase of 13.4% in case-mix weights the last year of the IPS), in the 2007 charges routinely available in demonstrates the substantial effect that proposed rule (72 FR 25393), we administrative data, and use of such changes in patient characteristics can reviewed and discussed comparative technology is the standard of care in produce; this commenter wrote that if OASIS data from the original Abt specific circumstances, then we real case-mix could increase prior to HH Associates case-mix study (1996–1998) welcome proposals for identifying these PPS, it is unreasonable to assume that and from FY 1999, as well as several situations in current data collection none of the change after that point is studies of the effects of the Balanced processes so that we can study their real. Budget Act, and specifically, of the impact on NRS costs. We believe that Response: In our case-mix change Interim Payment System (IPS). any proposals from the public should model, we measured demographic and The literature and data identified balance the burden from adding health status factors, and utilization several changes in the health and complexity to coding systems and data indicators of health status, and then demographic characteristics of the home collection processes on account of a related them to the HH PPS case-mix health user population. An important small number of episodes against the weight in a regression equation. The implication of those studies and data impact on payment accuracy. methodology attempts to capture the was that patients with intensive or Instruments such as OASIS are not effects of an evolving home health lengthy needs for nursing and personal designed to focus on uncommon population by measuring the entire set care services as opposed to short-term or situations. Regarding refinements for of factors at two points in time. Having rehabilitative needs were less likely to advanced stages of debilitating chronic established the relationship between be found in the national home care diseases, we have concerns that predictors and case-mix weight using caseload as a result of the IPS (72 FR measurement of this aspect of case mix data from the first time period, we then 25393). We also noted in that discussion would not be reliable, and could lead to use the model to predict the case-mix that changes in therapy utilization inequities and nominal case mix weight based on the factors during the during the final year of the IPS period, change. Nonetheless, we welcome second time period. Therefore, this after the proposals for the HH PPS were specific suggestions in future comment approach does consider changes in the issued, could have reflected an periods for measurement items and home health population. To the extent anticipatory response to the coming instruments that promise to reliably that patients entering home health are payment system. Such a behavioral capture this dimension of health status. sicker, have more complex conditions, response on the part of home health Comment: Some commenters and more comorbidities, the variables agencies would therefore have suggested that in the review of real vs. predicting the case-mix weight in the contributed to the 1997–2000 13.4 nominal case-mix change, CMS consider case-mix change model reflect such percent change in the average case-mix. factors such as OASIS implementation, changes to a large extent. As we As we indicated in our discussion, it is educational initiatives to teach agencies indicated in the proposed rule, we very possible that a certain amount of how to more comprehensively assess intend to test additional variables to nominal change occurred during 1997– patient needs and more accurately code pick up possible unmeasured 2000; this would have been due to the
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period October 28, 1999, through mix in a real sense. In any case, had we wrote that nominal case-mix change September 30, 2000, which is the period not made the ownership/affiliation estimate is a guesstimate, and is not after the proposed rule was issued. adjustment, we would have found less sufficient or accurate. Some commenters Comment: Some commenters had real case-mix change from our analysis. suggested CMS engage additional specific criticisms of the real case-mix We disagree with the commenter’s consultants to use alternative methods change model. Some wrote that the conclusion that we have ignored the of evaluation, and cross-compare methodology for assessing changes in effects of reimbursement methodologies outcomes, before the proposed 2011 patient characteristics relies on DRG that drive patients into home health adjustment is finalized. Another changes, but only half of HHA patients care. Variables in the model account for commenter asked for an independent are discharged directly from a hospital prior utilization in acute care hospitals, audit of Abt’s work. to an agency. In commenting on the long-term-care hospitals, inpatient Response: We believe that our case-mix change model, some rehabilitation facilities and skilled methodology for quantifying the commenters stated that data on nursing facilities. The model relates contribution of real case-mix change to ownership structure were not related to these various kinds of utilization to the total case-mix change between FY2000 patient characteristics. They went on to case-mix weight in the ensuing home and CY2007 is a reasonable approach, write that the methodology gave no health episode. We used the model and but it is only part of the evidence base consideration to changes in care the levels of prior utilization that for our conclusion that nominal case- delivery in other health sectors (for occurred by CY2007 to make mix change has been pervasive. As we example, the growth in Medicare predictions of the real case-mix weight noted in the proposed rule, the full Advantage), or in reimbursement for that year. In fact, the net effect of all evidence base was presented in a series methodologies that drive patients into the Medicare cost and utilization of regulations, beginning with the May home health care. variables in the model was to raise the 4, 2007, proposed rule (72 FR 25393). Response: Far greater than half of the predicted average case-mix weight, We discussed a variety of statistical observation units—that is, episodes—in consistent with what appears are the data, including but not limited to the samples had hospital discharge data. commenter’s assumptions. However, the resource use measures in comparison to The model uses data from the last increase was small. To the extent that case-mix weight changes, shifts among hospital stay the patient had before the the nature of the relationship between severity levels of the clinical, home health episode. Approximately 90 the specific kind of prior utilization and functional, and service dimensions of percent of the random sample of the ensuing episode’s case-mix weight episodes in the case-mix change model, has changed, the case-mix prediction the case-mix system, shifts in the share regardless of the time period (FY2000 or methodology may not capture the entire of high-therapy episodes, differential CY2007), had a hospital stay record. Not impact of reimbursement changes in changes in responses among various all of these hospital stay records were other parts of Medicare. However, in its OASIS items (payment-related items classifiable to a specific DRG because of Final Report (April, 2008), Abt and non-payment-related items), and a sample size considerations, but we were Associates conducted a test for possible detailed analysis of the evolution of able to classify every hospital stay into changes in the relationship between OASIS guidance and manual a medical or a procedure group, based predictor variables and case-mix, and instructions and definitions that could on information in the hospital stay this test did not support the idea that have affected case-mix item responses. record. For patients with multiple changes in the model variables’ We presented admission rates over time episodes, the last discharge did not relationship to case-mix had occurred. for five specific conditions suggested by necessarily lead directly to home health Moreover, we believe we have captured commenters, and examined the time to admission, but it would still reflect some of the other settings’ admission for those conditions. These fairly recent health characteristics. For a reimbursement effects by measuring results were updated in the proposed small proportion of episodes, the change in utilization of prior settings. In rule, and suggested that changes were hospital stay may have occurred addition, the model includes an array of insufficient to explain the substantial distantly in time (but no more than four other demographic and health-related upward trend in case-mix. We also years earlier). In alternative models variables that are expected to detect noted the steep learning curve faced by described in the Abt Associates Final change in the health status of the user agencies in adapting to the new Report (April, 2008), hospital stays for population, which is the real underlying environment presented by OASIS, some conditions were not used if they issue raised by reimbursement changes. resulting in improved coding. We also did not occur relatively close in time to As we indicated in the proposed rule, pointed out that coding changes are not the home health episode, but the results we intend to test changes to the model foreign to any payer system when did not change the essential conclusions that may represent the growth in payment methodology becomes more we drew from the analysis. Medicare Advantage. dependent on provider ascertainment of The predictions of the case-mix Comment: Several commenters wrote health status information. The evidence weight from the model were adjusted for that CMS’ methodology for estimating base is the best available, given the the ownership/affiliation category of the nominal case-mix change is imprecise infeasibility of auditing large chart agency that delivered the care under the and relies on limited sources of data. samples from both time periods, which episode. We made this adjustment to One commenter noted that the may be assumed to be the type of account for the historically different methodology was not based on clinical clinical analysis that a commenter coding practices and apparent case-mix analysis but on statistical inferences in suggests. As we noted in the proposed levels associated with different kinds of a complex model that is so abstract and rule, we are investigating enhancements ownership. We did this out of an complex that significant data errors to the model to capture more elements abundance of caution, because of a were undetected. The commenter noted of real case-mix change that may be paucity of literature explaining these that it is plausible that the average case- unmeasured. However, whether these differences. It is plausible that the large mix continues to grow, since the ratio of enhancements will reveal any decline in hospital-based agencies that for-profit to nonprofit agencies increases additional real case-mix change than we occurred after the last year of the IPS each year, and for-profit agencies have have already measured is unclear at this could have affected the national case- higher case-mix. Several commenters time.
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From the point of view of statistical rather than applying a punitive suspicious outlier payments, and will methodology, the model is a basic linear adjustment to all agencies. monitor and aggressively pursue actions model and not complex; although it Alternatively, commenters suggested towards agencies where inappropriate includes several variables. Our CMS use enforcement to conduct billing of outlier payments is identified. application of the model relies on large, targeted claims review and deny Comment: Several commenters representative samples. The preparation payment where case-mix weights are suggested we conduct an impact of the data has been subject to some not supported by the plan of care. analysis of the proposed rule relative to technical corrections, but the basic Response: We agree that there has case-mix, include an evaluation of approach has remained the same and is been a shift toward rehabilitative access in each year of any adjustment, not subject to significant error. services, but we believe commenters are and consider all factors related to Furthermore, insofar as there have been confusing a change in the home health access. These commenters felt that the data errors, they have not been so ‘‘product’’ with actual change in the impacts in the proposed rule were significant as to alter by large amounts health status of the treated population. factually and legally inadequate and the size of the payment reductions we As MedPAC has noted for years, with therefore violated the Regulatory made based on the model findings. As the implementation of the HH PPS, the Flexibility Act. we have noted elsewhere in our service payment unit underwent Response: We appreciate the responses, the model does allow for the changes: the unit of payment changed commenter’s suggestion; however, our contribution of for-profit agencies to real from visits to 60-day episodes, and the current approach to impact analysis case-mix change. content of the home health product does include the effect of the rate We have no plans for undertaking changed from that of the 1997–2000 reduction related to nominal case-mix alternative methods of evaluation. An period—consisting of fewer visits, change. Our impact analysis is subject independent audit is not necessary shorter stays, and more therapy with to OMB review and meets legal because the model and results of the less aide care (MedPAC, March 2004, requirements. We will consider how to application of the model have been ‘‘Report to Congress: Medicare Payment increase our monitoring of access going presented in detail in the Abt Associates Policy’’, Section 3D, ‘‘Home Health forward. We would appreciate any reports. However, we do intend to test Services’’). In any future enhancement specific suggestions from commenters enhancements to the model (described of the real case-mix change model, we on ways to do this. in the proposed rule) and welcome may investigate allowing for the Comment: A few commenters suggestions from the public for possible increased use of physical questioned the assumptions modifications to the statistical approach therapists as the assessing clinician. We surrounding LUPA episodes which were and additions to the data that are cost- would do this on the assumption that used in the case-mix change analysis. efficient to make. increased use of therapists to make One wrote that nearly all ‘‘creep’’ may Finally, as a point of clarification, the assessments is a change that is not a have been offset if CMS had modified its 2.71 percent reduction for CY 2011 is consequence of the agencies’ learning actuarial assumption of 5 percent LUPA not a proposed adjustment. In the CY curve in the HH PPS environment or of incidence to actual occurrence once PPS 2008 final rule (at 72 FR 49843) we new financial incentives that began in was in place. The commenter asked that promulgated our policy of a 2.75 October 2000. We would do this despite we disclose the LUPA incidence for percent reduction for 3 years (CY 2008, the fact that it could be stated that 2001 through 2006. The commenter felt CY 2009, and CY 2010) and a 2.71 differing assessment results arising from that using a 5 percent LUPA incidence, percent reduction for CY 2011. Nothing the use of nurses vs. therapists as rather than the higher, actual LUPA in this final rule changes what was assessing clinicians do not signify incidence, has led to agencies being finalized in the above rule, with regards differences in the health status of the underpaid. This commenter added that to payment reductions to address the treated patient. In any case, we expect instead of lowering rates using a increase in nominal case-mix. that such a change to the model would ‘‘creep’’ theory of justification, CMS Comment: Some commenters believed have a very small impact on our should have raised the base rate that the increased therapy needs or conclusions. calculation methodology with the increased involvement of physical To the extent that abusive over- refinement process, at a minimum for therapists in assessing patients have utilization of therapy and fraudulent or the LUPA mis-application and also for contributed to appropriate growth in abusive coding are responsible for case- the real need severity CMS determined HHRGs. They wrote that the change in mix growth between FY2000 and exists. This commenter wrote that the focus from disease management to CY2007, it would be preferable to combination of LUPA incidence, an restorative therapy has increased remove agencies engaging in these outlier rate below 5 percent, changing HHRGs and benefited patients. A few activities from the data analysis. the single therapy threshold to multiple suggested that the process for evaluating However, it is difficult for us to identify therapy thresholds, and the increased case-mix change related to therapy these agencies on a large scale, so we incidence of high therapy cases utilization must include in-depth find the commenter’s suggestion constitutes more than 100 percent of the review of the merits of individual impractical. Furthermore, we believe observed increased in the average case- claims, as the limited use of proxies is that the overwhelming majority of mix weight. unreliable. Several commenters believed providers are not committing fraud, Response: Based on a 10 percent that the analysis failed to adequately which would mean that eliminating the random beneficiary sample, our data evaluate whether changes in case-mix fraudulent providers would not have a show the LUPA incidence rates from are due to abusive over-utilization of large impact on our results. If 2001 to 2007 were the following: 15.06 therapy, fraudulent or abusive coding, commenters know of fraud being percent, 14.11 percent, 13.35 percent, erroneous coding, revised coding committed in their areas, we urge them 12.53 percent, 12.12 percent, 11.16 instructions, or improved quality to inform the Office of the Inspector percent, 10.54 percent. We note that coding. Where changes are due to General and the CMS Regional Office. LUPA incidence rates, while higher abusive or fraudulent practices, several As stated earlier, CMS is committed to than the forecasted 5 percent, continue commenters suggested that CMS address addressing suspect fraudulent activities, to decline. LUPA episodes were not those abuses with the specific providers, especially those in areas where we see used in the measurement of case-mix
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change in either our analysis or in the the mix of visits since the original PPS relative value for all higher therapy Abt Associates model of real case-mix final rule, and change in the total cases, but the commenter couldn’t change. We have no evidence that LUPA number of visits in a 60-day episode. confirm this since CMS did not release episode assumptions caused agencies to Similarly, we do not believe it is the data. The commenter stated that ‘‘re- be underpaid; in fact, margin analysis appropriate to adjust payment rates for jiggering’’ of service factors was likely shows PPS payments have been the deviation of LUPA episodes from directed toward lowering adequate. It should be recognized that the forecasted 5 percent, in isolation reimbursement rates and having therapy we proposed to adjust the episode from other issues, such as addressing services delivered in a more clinically national standardized payment amount the issue of lower visits per episode driven manner. The commenter added to be consistent with an outlier existing today, as compared to the that the relative loss of aggregate case- expenditure proportion of less than 5 number of visits per episode on which mix weight under the 4–Equation model percent of total outlays. This upward the HH PPS rates were originally based. equals measured case-mix weight adjustment is a continuation of the We believe that the appropriate time change, which is tantamount to a methodology we have used since the and place to deal with any re-estimates, ‘‘double dip’’. Another commenter beginning of PPS; the upward in these multiple areas, is if and when wrote that the data he analyzed showed adjustment is simply to provide for a a rebasing for the rates were to take that 95 percent of case-mix growth was lower rate of outlier expenditures than place. a direct result of higher levels of service the 5 percent assumption we have Comment: A commenter wrote that domain in care delivery under PPS. He traditionally used. We made this the elimination of the single therapy added that when PPS was originally proposal in conjunction with the threshold was an attempt by CMS to proposed, and again in 2007, CMS proposal to cap outlier payments at 10 align payment incentives with patient acknowledged that it did not have good percent on an per-agency basis. We have care needs. This commenter felt the data to measure or apply case-mix based no basis to change payment rates on case-mix change primarily reflects on patients’ service needs, yet CMS account of the refinement of the therapy growth in therapy utilization. A stated that it believed that the multi- thresholds. Even if agencies return to different commenter asked CMS to level therapy thresholds was an more clinically based therapy treatment clarify how going from single to improvement over the single threshold plans, resulting in a new distribution of multiple therapy levels did not approach. therapy visits per episode and reduced constitute a ‘‘double dip’’ penalty. This Response: The following table total expenditures, we would not make commenter wrote that the multi-level illustrates the change in the distribution any payment rate changes in isolation therapy equation model HHRG of therapy visits per episode since from other issues, such as the change in modifications may have lowered the FY2000:
PERCENT OF TOTAL EPISODES BY NUMBER OF THERAPY VISITS PER 60-DAY EPISODE: INTERIM PAYMENT SYSTEM AND HH PPS
Time period Number of therapy visits FY2000 2001 2002 2003 2004 2005 2006 2007
None ...... 60.0 54.5 52.3 51.2 49.9 49.6 49.6 49.8 1 to 3...... 9.7 9.1 9.4 9.6 9.7 9.6 9.3 9.1 4 to 6...... 7.4 8.0 8.3 8.3 8.4 8.3 8.1 7.9 7 to 9...... 6.2 6.4 6.4 6.2 6.1 6.1 5.9 6.0 10 to 12 ...... 4.8 8.3 9.2 10.4 11.3 11.8 12.3 12.6 13 to 15...... 3.4 4.8 5.3 5.6 5.9 6.0 6.2 6.3 16 to 18...... 2.5 3.3 3.5 3.5 3.7 3.8 3.8 3.8 19 to 20...... 1.2 1.4 1.5 1.4 1.4 1.4 1.3 1.3 21+ ...... 4.7 4.2 4.1 3.8 3.7 3.5 3.5 3.2
Total ...... 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 Notes: FY2000 data from 100% sample of claims from Oct. 1, 1999, through Sept. 30, 2000. Data presented for 2001 through 2007 are Calendar Year data. Claims were grouped into 60-day episodes. PPS data based on a 10% random beneficiary sample of PPS episode claims beginning with 1/1/2001.
We agree that growth in therapy that had a therapy visit. These episodes, patterns of good care that would occur utilization of ten visits or more was a of course, also were among those with at each proposed therapy threshold. As significant factor in case-mix change, the highest case-mix weights and had a a disincentive for agencies to provide because the ten-visit therapy threshold minimum case-mix weight of 1.4847. more care than is appropriate, we produced a large increase in an One goal of the case-mix refinements proposed that any per-visit increase episode’s case-mix weight. The table was to better match payments with incorporate a declining, rather than above shows that episodes of ten to agency cost experience under PPS; thus constant, amount per added therapy eighteen therapy visits grew steadily as we used 2005 data for estimating the visit. It should be understood that the a proportion of total episodes under HH final case-mix model that was used for refined case-mix methodology PPS. Ten to twelve therapy visits, a the 153-group system. Changing to redistributed the resource costs range that would generally be most multiple therapy thresholds with a expended in 2005 to the new set of 153 profitable to agencies, grew the most, gradual increase in payment better groups we defined from the severity and by 2007 such episodes accounted aligns costs and payments and avoids levels developed from the four-equation for about one quarter of all the episodes incentives for providers to distort model generating OASIS item scores.
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Instead of a single high therapy range, A number of commenters felt that the enable CMS to better identify the health one based on average resource costs for proposed 2011 adjustment was too status of the patient, and whether these all episodes with 10 or more therapy steep, particularly given low or negative new items might be more reliable in visits (including those with the very profit margins, and recommended a assessing real patient acuity change highest number of therapy visits), the minimum 4-year phase-in; another versus that which is unrelated to real refined system had multiple therapy suggestions that we consider the impact changes in acuity (nominal). It is ranges, with the payment addition for on low-margin agencies before finalizing important to note that because we are therapy being based on all episodes the rule. Some commenters suggested just beginning to collect these items in with therapy visits in the stated range. that the complexities of the case-mix CY 2011, that sort of comparative Therefore, the right tail of the methodology warranted making relevant analysis would only be possible after distribution (that is, cases with the CMS staff and contractors available to several years of OASIS–C data highest therapy visits and thus the respond to questions regarding the collection. We may consider the highest resource costs for therapy) is not assessment methods prior to expiration suggestion that we account for increases figuring into the payment increment of the comment period. Additionally, in nominal case-mix over a longer until the 20+ therapy visit level is these commenters suggested that CMS period of time, in future rulemaking. In reached. Thus, it was our intention to make all data used in the analyses this final rule, we are not accounting for have lower payments for episodes with available, and provide a 120-day additional changes in nominal case-mix 10 to 12 therapy visits, so as to better comment period to allow time for expert which we identified from current data align costs and payments. analysis to evaluate the methodology analysis. Rather, we are maintaining the The redistribution of resource costs and findings. A different commenter policy, finalized in CY 2008, to reduce among the new 153 groups resulted in was strongly opposed to reductions for CY 2010 base episode payments by 2.75 some lowering of case-mix weights, as 2011 until more analysis of medical percent. With regards to the suggestion just described, but all the resource costs necessity of the care provided was for a 120-day comment period, we are expended in 2005 were accounted for in complete. This commenter encouraged unfortunately unable to adopt such a the payment system. The final case-mix us to reduce or eliminate the creep comment period given our rulemaking change adjustment addresses nominal attributed to the shift to provision of timeframes, but we will continue to case-mix change and is applied across higher therapy services unless clear make every attempt possible to share all case-mix groups in a similar manner. evidence existed that the therapy our analyses with the public in as Therefore, the final case-mix adjustment services were not medically necessary. timely as possible. Regarding the is completely separate from the This commenter suggested we make a commenter’s suggestion that CMS realignment of payments to the 153 distinction in the application of creep should assess the medical necessity of groups, and thus there was no double- between therapy and non-therapy therapy visits before applying up-coding dipping. In sum, the multiple therapy HHRGs, and recommended that reductions, as we described in an earlier thresholds and the case-mix change physical and occupational therapists be comment, we find this suggestion adjustment are unrelated and do not added to MAC review departments with impracticable. With finite resources, it doubly adjust the rate as each mandatory education and experience as would be challenging to perform a adjustment is clearly warranted by the qualifications for medical review. medical review on every claim which data. includes therapy. We do not have enough information Response: We thank the commenters Again, as a point of clarification, the to verify the commenter’s finding that for these thoughtful comments and 2.71 percent reduction for CY 2011 is 95 percent of case-mix growth was a suggestions. We assure the commenter not a proposed adjustment. That direct result of higher levels of service that we are continuing our work percentage reduction was promulgated domain in care delivery under PPS. associated with the post-acute care in the CY 2008 final rule (72 FR 49843). Comment: Several commenters wrote demonstration. We are currently in the Comment: A commenter stated that with suggestions or alternatives to the early stages of data analysis of the while he did not assess changes in home case-mix analysis. One commenter assessment data and resource data health case-mix, an increase in case-mix wrote that CMS should continue to which has been collected to date. We unrelated to severity in 2007 confirms work on developing post-acute care will finish data collection by the end of the need for continuing review of national assessment tool for use across calendar year 2009. We remind the annual case-mix change. The all settings, which would allow CMS to commenter that the analysis of these commenter noted that nominal changes better determine what settings were data is a multi-year project, and that the in case-mix had been found when major appropriate for patients based on acuity. analysis will consider the data collected revisions were implemented in other It would also allow CMS to understand via the CARE instrument, the validity payment systems, suggesting particular how changes in home health case-mix and reliability of those data, and the scrutiny of the 2008 changes in case-mix are affected by the type of patient strength of the items as payment was warranted. The commenter wrote admitted to home health. Some wrote predictors. CMS plans to present the that if additional nominal case-mix that CMS should allow implementation analysis of the data collected during the change was indicated, CMS should of OASIS–C before any further case-mix demonstration and associated adjust payments as appropriate. The reductions are made. A commenter recommendations to Congress in the commenter further recommended that suggested that we fully analyze and summer of 2011. Regarding the we combine the planned reductions for compare information within OASIS–C commenters’ suggestions that we wait to 2010 and 2011, and reduce payments in with the development and testing of the make further case-mix reductions until 2010 by 5.5 percent, and that payments Continuity Assessment Record and we assess the OASIS–C data, we remind should be rebased to a level equal to Evaluation (CARE) instrument. Another the commenter that the OASIS–C average costs in 2011. commenter felt that the data from revisions did not significantly change Response: We thank the writer for OASIS–C would be helpful to CMS in payment items. We believe that the these comments. We agree with the determining real changes in case-mix commenter may be suggesting that CMS commenter that we need to continue to rather than those stemming from coding analyze OASIC–C non-payment items to analyze current data as they become or documentation improvements. assess whether these new items would available to us and update our
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identification of nominal case-mix using assessments, and was concerned that 18 responding to agency requests for these more current data. We are percent of the episodes could not be information. Four million assessments currently analyzing 2008 data to assess evaluated since the OASIS could not be were submitted by HHAs to State the impact of our CY 2008 refinements, reliably linked to claims. He also noted agencies from July 1999 to January 2000 and determine the effect these that much has been made of (CMS–3006–F, Dec. 23, 2005). This is an refinements may have had on nominal improvements in OASIS coding over indication that agencies were actively case-mix growth and will address the time, which suggests that the OASIS working with OASIS from the start of need for additional reductions to the HH was not properly coded at the time of the OASIS effective date. Our inability PPS rates in future rulemaking. IPS. He questions the validity of this to match all simulated episodes to an Comment: Another commenter wrote sample since many HHAs were not OASIS stems mainly from the fact that that CMS uses MedPAC’s reports of filing OASIS at the time, and concluded time points of data collection for OASIS strong profit margins and high levels of that it was illogical to assume the IPS before HH PPS did not necessarily new entrants to bolster the view that data could be reliable bases for match the starting points of simulated access will be unaffected after the full measuring creep. He also suggested we episodes. During that period, OASIS creep cutbacks are implemented. This make public the data showing actual use was collected for outcomes purposes, commenter wrote that an industry of S2 and S3, and the IPS data used as not payment purposes. association disagrees with MedPAC’s a proxy for S2 and S3 cases. He noted The learning curve with OASIS is an methodology, and concluded that one- that there was no M0825 data in OASIS important reason why nominal case-mix third to one-half of HHAs would lose for the final IPS period; therefore one growth should be expected. However, money when creep reductions are fully could argue that the final IPS data we based our case-mix change implemented. The commenter understates case-mix. adjustment on the evidence that patient questioned MedPAC’s use of a sample of Response: We disagree that OASIS health status did not change HHA cost reports representing less than data collected during the last year of IPS substantially, notwithstanding that 60 percent of HHA visits. This were so poor as to be unusable to improved understanding of and commenter asked that the full measure the case mix during that application of OASIS occurred. Contrary information from MedPAC be released period. Agencies were not supposed to to the commenter’s implication that the and subject to review since CMS is be unfamiliar with OASIS in the fall of IPS sample was small, our sample size supporting its case-mix reduction using 1999. Medicare first proposed making of hundreds of thousands is extremely that report. Response: We would like to assure the OASIS mandatory in March 1997. The large. Scientifically, sample size commenter that the analysis and development of OASIS had been adequacy does not hinge on the ratio of associated methodology CMS used to supported and publicized by a large the sample to the total population, but differentiate between real and nominal industry group over the years (transcript does depend on the actual absolute case-mix growth involved extensive of June 24, 1997, meeting of National numbers of observations. Regarding the analysis, which is fully documented in Committee on Vital and Health 18 percent of IPS episodes without a the Abt report, publicly available via the Statistics, accessed at http:// matched OASIS, we appreciate the HH PPS Web site at http:// www.ncvhs.hhs.gov/ commenter’s concern, but we have good www.cms.hhs.gov/Reports/downloads/ 970624b1.htm#oasis). OASIS was reason to believe that the sample we Coleman_final_April_2008.pdf. discussed in professional and research used is representative. Based on our We understand that the commenters journals (for example, see Home understanding of the main cause of the are concerned about whether we are Healthcare Nurse, May 1997, Vol. 15/5: OASIS shortfall (described above), we taking into consideration the financial 340–342). OASIS version B–1 was do not have reason to infer a bias in the conditions of hospital-based home released in October 1998, one year assessments that we do have. We also health agencies. As MedPAC noted in before our observation period for the IPS note that the sample’s average is its March 2009 report, financial margin baseline began. After first publishing a consistent with an average from an estimates using hospital-based providers final regulation in January 1999 whose initial episode sample. Initial episodes are impacted by the allocation of effective date was delayed on April 27, are more likely to have a matched overhead costs from the hospital. We 1999, Medicare re-finalized the OASIS OASIS (89 percent for initial episodes agree with this assessment and believe regulations in June 1999. Agencies were vs. 75 percent for subsequent episodes) that using this information would not instructed to begin OASIS data so using data based on initial episodes provide an accurate view of the overall collection for Medicare, Medicaid, and should reduce concerns about sample industry margin or the impact of the all other skilled services patients by representativeness. The estimate of proposed change to the payment system. July 19, 1999. This was 2.5 months average case-mix weight that we get Comment: A commenter disagreed before the beginning of our IPS baseline from the sample combining initial and with our choice of data used for the observation period, though they did not subsequent episodes differs from the creep analysis, saying that he was not have to transmit data (other than for estimate we get from the initial episodes convinced that data from the final year testing purposes) until August 25, 1999. sample in the direction we expect (1.096 of IPS could serve as a base period from The Health Care Financing vs. 1.125). That is, the estimate from which to measure nominal growth in Administration (HCFA), CMS’s total (initial and subsequent) episodes is case-mix. The commenter questioned predecessor agency, issued a lower because health conditions whether these data were representative comprehensive OASIS Implementation measured in OASIS and used in the of post-PPS, and noted that there was a manual in July 1999 containing item-by- case-mix system tend to be more severe learning curve with OASIS. The item instructions about how to complete around the time of admission. commenter wrote that until we made the OASIS assessment. It was for the use Furthermore—and most important in the ‘‘derived base period’’ information of HHA agency staff who would be terms of the basis for our policy available to the public, we should defer implementing OASIS as a uniform core decision to adjust payment to further creep adjustments and roll back data set. HCFA conducted a national compensate for nominal case-mix the first two stages. He also questioned meeting of State OASIS coordinators in change—using an initial episode sample Abt’s use of just 313,447 IPS OASIS mid-September 1999 to train them in would produce the same percentage
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growth in case-mix as using a combined recognizes more diagnoses than the how the speed of ADL performance initial and subsequent episode sample. original (FY2000) HH PPS model, and it affects the resource costs for nursing As we stated in the CY 2008 final rule includes the specific diagnoses care, beyond the added costs already (72 FR 49833): ‘‘We used all episodes mentioned by the commenter, CHF and accounted for in the point-bearing items rather than just initial episodes. This COPD. Also, the CY 2008 case-mix mentioned earlier in this response. change in our sample selection model recognizes resource-intensive Finally, all changes to the OASIS approach does not materially change the interactions (that is, combinations of instrument have to be balanced against estimate of case-mix change, whether conditions within the same episode). the added burden imposed on the comparing the baseline to HH PPS 2003 The model specifically recognizes the agency to measure performance reliably or HH PPS 2005.’’ Finally, modeling interaction of pulmonary conditions and and accurately. case-mix on an IPS sample that could ambulation: the cost of serving To summarize, we are moving possibly deviate in some respects from pulmonary patients with a limitation in forward with our existing policy, as a fully representative sample would not ambulation is more during an initial implemented in the August 22, 2007 CY necessarily produce distortions in the episode, and this combination increases 2008 final rule with comment, of relationships found by the modeling the case-mix score. We believe this imposing a 2.75 percent reduction to the procedure. Our conclusions about real interaction case-mix item does capture national standardized 60-day episode case-mix change depend upon those the burden of COPD on ADLs. Shortness rates and the NRS conversion factor for relationships. of breath, as measured by OASIS item CY 2010. We will continue to monitor As we have noted elsewhere in our M0490, provides additional points for any future changes in case-mix as more responses to comments, we believe we initial episodes. Providers receive current data become available. We will have made available highly detailed points for these and other conditions also continue to look at ways to enhance information about our data and identified from statistical modeling of the Abt model, and depending on the methodology in the Abt Associates the relationship between diagnoses and availability of newer and additional reports (April 2008 and August 2009) OASIS measures on the one hand, and data, look to take into account factors and in our regulations. For years, claims resource costs on the other. Agencies that might yet be unmeasured in the and OASIS data have been routinely also receive points for secondary current model. Given the continued available for purchase from CMS for diagnoses, thereby accounting for growth in nominal case-mix, we expect researchers who wish to analyze it and multiple co-morbidities. to revise upward the 2.71 percent can guarantee the security of the data. Furthermore, we implemented a case- reduction to the national standardized We published data on the rates of use 60-day episode rates and the NRS of S2 and S3 under the IPS baseline mix adjusted payment for non-routine supplies, such as those related to ulcers conversion factor for CY 2011 in next period and 2003 in Tables 8 and 9 in the year’s rule. Analysis in next year’s rule May 4, 2007 proposed rule (72 FR or wounds. All of the point values in the case-mix model represent the average will update the measure of the nominal 25396–25399). The table in this section, increase in case-mix and compute the in a response to a comment, provides addition to the resource cost of the 60- day episode when a patient has the appropriate percent reduction to the detailed annual therapy visit national standardized 60-day episode distributions and thereby reflects S2 and condition associated with the points. The fact that agencies may encounter rates and the NRS conversion factor to S3 rates year by year. We did not use account for that increase. M0825 in determining S2 and S3; some cases more costly than the case- instead, we used the therapy visits mix-adjusted payment is a result of the C. Proposed CY 2010 Rate Update reported by providers on the matched variability in patient needs inherent in the population. We believe that, on 1. The Home Health Market Basket paid claims. Update Comment: A commenter asked that average, this model aligns payment and we re-examine the case-mix weights for agency costs with acceptable accuracy. We proposed a HH market basket congestive heart failure (CHF), chronic As shown in Table 1 of the CY 2010 update of 2.2 percent for CY 2010. This obstructive pulmonary disease (COPD), proposed rule (74 FR 40958), the update was based on IHS Global Insight and similar chronic conditions. She proportion of episodes (initial episodes Inc.’s first quarter 2009 forecast, wrote that we claim HHAs are seeing and all subsequent episodes) where the utilizing historical data through the fewer of such patients, and that she patient was discharged from the fourth quarter 2008. Since publication believes this is either due to coding hospital prior to entering home health of the proposed rule, we have a revised practices or to agencies not accepting and had a hospital principal diagnosis market basket update based on IHS these patients. The commenter believes of CHF has decreased by more than one- Global Insight Inc.’s third quarter 2009 that the current method for accounting third since FY 2000. We did not publish forecast, utilizing historical data for patients with these conditions a similar statistic for COPD. The through the second quarter of 2009. The results in a very low case-mix weight. statistics in Table 1 do not reflect coding final HH market basket update for CY This low case-mix weight, coupled with practices in home health agencies; the 2010 is 2.0 percent. A detailed high nursing needs, causes these conditions in Table 1 come from the description of how we derive the HHA patients to exceed available hospital principal diagnosis preceding market basket is available in the CY reimbursement, leading to a loss for the the episode (where the discharge 2008 Home Health PPS proposed rule agency. The commenter asked that we occurred within the 14 days before the (72 FR 25356, 25435). increase points for these diagnoses, first day of the episode). As for refining Comment: One commenter stated the refine how shortness of breath is the dyspnea and ADL measures in market basket increase of 2.2 percent assessed and points calculated, and OASIS, we have reviewed all items in would not be sufficient to cover the consider the speed at which such the course of developing OASIS–C. We increased costs of implementing patients can perform Activities of Daily made changes to selected items where a OASIS–C, CAHPS, as well as increases Living (ADLs), and not just whether the need for improvement was apparent. in staffing costs. The ongoing phase-in patient can do the ADL independently. This review did not result in significant of the case-mix ‘‘creep’’ adjustment Response: The case-mix model we changes along the lines suggested by the would add to the financial burden of finalized in the CY 2008 final rule commenter. Furthermore, it is unclear receiving a market basket increase
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which is lower than the previous year’s Comment: One commenter stated Æ Diabetic foot care and patient 2.9 percent. According to MedPAC, 25 support for our proposal to provide the education implemented during short- percent of HHAs have negative profit full market basket update of 2.2 percent term episodes of care, margins. The increase in costs of in CY 2010. The commenter stated that Æ Pain assessment conducted, operation will have a negative impact this measure provides relief to HHAs Æ Pain interventions implemented on the financial viability of these that have been subject to market basket during short-term episodes, agencies. cuts for several years including a 0.8 Æ Depression assessment conducted, Æ The commenter noted that not-for- percent reduction in the market basket Drug education on all medications profit HHAs are investing more of their for 2004 (July to December) and 2005, provided to patient/caregiver during and a full 3.6 percent market basket short-term episodes, revenue in attracting and retaining Æ qualified HH staff. The shortages of reduction in 2006 (per provisions of Falls risk assessment for patients 65 nursing and physical therapy personnel section 5201 of the DRA of 2005). and older, Æ Pressure ulcer prevention plans are a major challenge. HHAs compete Response: We appreciate the with other providers to attract these implemented, commenter’s support. We will Æ Pressure ulcer risk assessment professionals. incorporate the final market basket conducted, and Response: We disagree with the update of 2.0 percent into the CY 2010 Æ Pressure ulcer prevention included commenter that the 2010 market basket HH PPS rates. in the plan of care. update is not sufficient. The home 2. Home Health Care Quality Also under consideration are three health (HH) market basket is not Improvement additional process of care measures that designed to account for changes in total may be added to home Health Compare costs (such as those associated with the As part of the CY 2010 proposed rule, based on results of consumer testing. implementation of OASIS–C or other we proposed to consider OASIS Those additional process measures are: initiatives), but rather it is intended to assessments submitted by HHAs to CMS Æ Drug education on high risk measure the input price pressures that in compliance with HHA conditions of medications provided to patient/ the average home health provider is participation for episodes beginning on caregiver at start of episode, expected to face in the coming year. The or after July 1, 2008 and before July 1, Æ Potential medication issues composition of the market basket itself 2009 as fulfilling the quality reporting identified and timely physician contact is made up of a set of mutually requirement for CY 2010. We proposed at start of episode, exclusive and exhaustive cost categories to reconcile the OASIS submissions Æ Potential medication issues that reflect the cost structure of the with claims data in order to verify full identified and timely physician contact industry (in a given base year). The HH compliance with the quality reporting during episode. index’s cost shares (or weights) are requirements in CY 2010 and each year Comment: One commenter stated that based on data reported on the Medicare thereafter on an annual cycle July 1 he believes a six to twelve-month delay cost report forms and are specific to through June 30 as described above. in implementation of OASIS–C would home health agencies. Each cost HHAs that meet the reporting be necessary to accommodate a category is assigned an appropriate requirements would be eligible for the reasonable phase-in of such a significant price proxy whose projected movements full home health market basket change in OASIS. The commenter stated are weighted by their respective cost percentage increase. HHAs that do not that the vendor community reports that shares resulting in the actual market meet the reporting requirements would it is not yet ready for OASIS–C. As a basket update. be subject to a 2 percent reduction to the result, agencies can neither test the We recognize that HH providers home health market basket increase. software changes needed nor can they compete with the rest of the health care In the proposed rule we described the begin training their clinical and industry for nurses, physical therapists, impending transition from OASIS–B1 to information systems staff on the and other health care personnel. To the OASIS–C. This revision to the current changes. As of mid-September 2009, extent that the cost structure of the HH OASIS version B–1 has undergone CMS had not released the final industry changes over time, such as a additional testing, and has been interpretive guidelines for OASIS–C. greater share of expenses being devoted distributed for public comment and There is simply not enough time to do to wages and salaries, for example, that other technical expert recommendations all the planning, testing and training change in share is picked up during the over the past few years. CMS received needed to successfully implement rebasing process of a market basket. It OMB approval to modify the OASIS OASIS–C on January 1. The commenter has been our experience that the cost data set and will require that this new believed outcome measurement is far structure of the HH industry does not version of OASIS (OMB # 0938–0760) too important to be implemented vary substantively from year to year. As be collected on episodes of care without adequate training and testing, a matter of practice, however, CMS beginning on or after January 1, 2010. and wrote that changes in OASIS periodically rebases its market baskets In the proposed rule we also noted implementation of this magnitude to reflect updated cost structures. The that as a result of implementing OASIS– deserve a proper implementation current HH market basket is based on C, we will update Home Health process. He felt that the home health Medicare cost report data from 2003 Compare to reflect the addition of the community has waited for many years and, we believe, reflects the appropriate following 13 new process of care for some of these changes, so waiting a cost composition of the industry. We measures: few more months to do it right would will continue to closely monitor the cost be prudent. Æ Timely initiation of care, structure of the HH industry and will Another commenter stated that our Æ propose to rebase the market basket, as Influenza immunization received proposal to require home health appropriate. Notably, the final update for current flu season, agencies to transition patient assessment contained in this rule does reflect the Æ Pneumococcal polysaccharide data collection from OASIS B1 to expected competitive wage pressures vaccine ever received, OASIS–C on January 1, 2010 was associated with hiring health care Æ Heart failure symptoms addressed considered to be an appropriate timeline personnel in the coming year. during short-term episodes, when proposed. However, he felt that in
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light of the recently issued version point, and argue for proceeding with coordinated effectively. The seven OASIS–C (August 2009) and the fact this transition as scheduled. The process measures related to the plan of that guidance and Q&As have not yet immediate need of HHAs related to the care are National Quality Forum (NQF) been made available, this would no OASIS–C instrument is to understand endorsed measures of accountability for longer be an appropriate target timeline. what the new, changed and deleted HHAs. They assess adherence to The commenter wrote that this timeline items are. This information has been recommendations for best clinical would not give software vendors and available since August. Agencies will practice which we believe is an home health agencies sufficient time to not be introduced to new quality essential piece of the agency selection complete programming, testing and measures until September 2010 and process. education of clinicians. The commenter additional resources related to these Comment: One commenter suggested appreciated that CMS is undertaking will be made available. We will shortly that CMS use caution when selecting several venues for educating providers be posting the final OASIS–C User indicators which may focus solely on on OASIS–C to ensure that all home Guidance Manual, and we will be processes that may not have been tested health agencies have access to free offering free training teleconferences to be predictors of quality. training, but stated that there are too through the Medicare Learning Response: The new process measures many unresolved issues to meet a Network. We urge all providers or are NQF-endorsed, in addition to January 1, 2010 implementation date. vendors who have questions about extensive testing and evaluation of CMS The commenter requested that CMS OASIS–C or the transition to take based on criteria that include, but are delay implementation of OASIS–C advantage of all of the resources that not limited to: Addressing a national implementation until April 1, 2010. CMS has provided, which can be health goal or priority area, consistency with clinical practice guidelines and Response: We appreciate the accessed through the CMS Web site, the action-ability of the measures (that is, magnitude of the effort required to Quality Improvement Evaluation the measures’ susceptibility to transition to OASIS–C, but we believe System (QIES) Technical Support Office experiencing improved outcomes that it will offer substantial benefits, in (QTSO) Web site, and our State OASIS through intervention). CMS will terms of improved support for agency Education Coordinators. Comment: One commenter stated that continue to provide meaningful, quality improvement efforts and it is his understanding that the current relevant, timely, and consensus-based provision of enhanced quality number of quality measures available measures. information for providers and through Outcome-Based Quality Comment: CMS received several beneficiaries. The new data set also Improvement (OBQI) is 41, rather than comments supporting the value of incorporates process of care items that 54, with plans by CMS to expand to 54 adding the new process measures. measure agencies’ use of evidence-based once process measure data are available Response: We appreciate the practices that have been shown to from OASIS–C data collection. The industry’s willingness and prevent exacerbation of serious commenter recognized the value of encouragement regarding adopting these conditions, can improve care received adding process measures to Home new methods of reflecting the quality of by individual patients, and can provide Health Compare as additional care provided to Medicare beneficiaries. guidance to agencies on how to improve consideration by the public in search for Comment: One commenter urged care and avoid adverse events. Making home health services. However, the CMS to provide guidance to Home these improvements is a high priority commenter believed that 13 process Health Agencies on the use and role of for CMS, which is why we have measures, in addition to the 12 quality physical therapists. proceeded on a well-considered course measures already publicly reported, will Response: Though we recognize the of data set development and field only serve to overwhelm beneficiaries. valuable role of physical therapy in the testing, solicitation of public comment, He wrote that the important documentation and reporting of the new and revision of the data set, on a considerations related to processes are process measures as well as the deliberate schedule over the past 4 assessment of need and implementation provision of home health care to years. Our experience in field testing of interventions. multiple patient populations including showed that agency staff could be The commenter recommended that those with wounds, heart failure, and trained on the new and modified items measures related to ‘‘plan of care’’ not those in need of medication in a relatively short period of time, and be publicly reported since this is management, we hesitate to make welcomed the improvements to the data information not essential to the agency recommendations on issues relating to set. We released the post-testing version selection process. He added that current staff use. Each HHA must review the of the data set in March 2009, and the regulations require that all services, needs of its patient population and initial OASIS Data Specifications on regardless of professional practice evaluate the best way to achieve the July 1, 2009, so that vendors could begin requirements, be included in the plan of appropriate level of care based on the to develop the needed system changes. care. competency of its staff. CMS has not received feedback from the Response: We agree that assessment of Comment: Several commenters noted vendor community to date, relating to need and implementation of that their memberships believe that the lack of readiness for OASIS–C. We interventions are important OASIS–C instrument is an improvement believe that software vendors who took considerations related to processes, but over the existing OASIS–B1, but that timely advantage of the resources made we also believe that proactive planning many HHAs still have questions available will be prepared for the for appropriate interventions is an regarding the new tool and request OASIS–C transition. In addition, the indicator of quality care. HHA clinicians information regarding training on its State systems are being configured to play a key role in the formulation of the use. accept OASIS–C as of January 1, 2010, plan of care and when interventions Response: CMS believes that HHA’s as is the updated home health PPS such as diabetic foot care or falls questions have been answered with the grouper software. While such a major prevention are stated clearly in the plan release of the OASIS–C Guidance change will never be easy, we believe of care, they are available for reference Manual on October 9, 2009, the content that the benefits to be realized and the by all staff who provide care for the of the OASIS–C presentation at the burdens of delaying the process at this patient, thereby ensuring that efforts are NAHC annual conference on October
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10, 2009, and within the National Response: The OASIS–C Guidance example, rash), ineffective drug therapy Provider Calls that started on October Manual contains detailed information (for example, analgesic that does not 22, 2009. for the clinician in order to be able to reduce pain), side effects (for example, Comment: Two commenters requested respond to these items accurately. potential bleeding from an a delay in the public reporting of • ‘‘Short-term episode of care’’: anticoagulant), drug interactions (for process measures. One requested delay Implementation process measures report example, serious drug-drug, drug-food until January 2012 to allow time for whether a care process was and drug-disease interactions), implementation, development of and ‘‘implemented since the last OASIS duplicate therapy (for example, generic risk adjustment models and staff assessment’’. These measures will be name and brand name drugs that are education. calculated separately for short-term equivalent both prescribed), omissions Response: Process measures are episodes and long-term episodes. Short- (missing drugs from an ordered derived directly from OASIS–C data and term episodes are those in which the regimen), dosage errors (for example, by nature do not require risk time frame from Start of care (SOC)/ either too high or too low), adjustment. We began providing Resumption of Care (ROC) to Transfer noncompliance (for example, regardless education on OASIS–C starting in (TRF)/Discharge (DC) is less than or of whether the noncompliance is October 2009. equal to 60 days (and DO NOT contain purposeful or accidental) or impairment Comment: One commenter requested a 60-day follow-up assessment). Long- or decline in an individual’s mental or a delay in the public reporting of term episodes are those in which the physical condition or functional or process measures until June 1 (no year time frame from SOC/ROC to TRF/DC is psychosocial status. was included in the request). longer than 60 days (and DO contain a Comment: One commenter expressed Response: CMS plans that the process 60-day follow-up assessment). In concern with our proposal (set out at 74 measures will be reported on Home response to industry and NQF concerns FR 40960) regarding home health care Health Compare no earlier than October that measures might not accurately quality improvement. We proposed to 2010. reflect care for longer stay patients, ‘‘reconcile the OASIS submissions with Comment: Several commenters episodes that exceed 60 days will not be claims data in order to verify full expressed concern with specifics related included in publicly reported measures compliance with the quality reporting to the addition of the 13 new process on implementation of evidence based requirements.’’ The commenter thought measures. One commenter mentioned practices. this process was new and requested that the lack of a timeframe for these • The phrase ‘‘at start of episode’’ it be defined in more detail. measures and the perception that some does not refer to payment episodes and Response: This proposal is not new. measures (pneumococcal vaccine ever does not mean that this information will Identical language was proposed in our received and depression assessment be collected and reported for each 60- May 4, 2007, CY 2008 HH PPS proposed conducted and influenza immunization day episode. The phrase means that the rule (72 FR 25450) and in our CY 2009 received) are above and beyond what an measure reports on best care practices HH PPS update notice (73 FR 65356). agency is expected to do. One that occur when a patient is admitted to These proposals were subsequently commenter recommended that home care. It is used to distinguish this implemented. Details regarding the questions related to ‘‘potential measure from others that report on best process are available in the Medicare medication issues identified’’ and practices that are implemented over the Claims Processing Manual, Chapter 10, ‘‘timely physician contact’’ should not course of the home health stay (rather section 120. be included in public reporting since than at the time of home health Comment: One commenter was the outcome of those measures is largely admission) and are collected at transfer concerned that pay for performance determined by physician response. or discharge. does not differentiate between Response: We believe strongly that • ‘‘Timely physician contact’’ is traditional Medicare patients and those the addition of process measures will defined as communication to the participating in waiver programs. enhance the HHAs’ ability to improve physician within one calendar day of Waiver patients have long-term chronic the quality of care provided to the assessment by telephone, voicemail, needs, unlikely to be shown in beneficiaries. Process measures assess electronic means, fax, or any other discharge data, or to improve in the adherence to recommendations for means that appropriately conveys the same manner as traditional patients clinical practice based on evidence or message of patient status. with short-term needs and expectations consensus. Measures based on data • ‘‘High risk medications’’ are defined for recovery. items that align with those used across as those identified by quality Response: We thank the commenter other provider settings (such as organizations (Institute for Safe for the comment on this topic, and will pneumonia vaccine received) will Medication Practices, Joint Commission, consider his concerns related to promote systematic use of evidence- etc.) as having considerable potential for differences in outcomes for dually based practices with the aim of causing significant patient harm when eligible waiver patients as plans for pay improving population health. To a they are used erroneously. for performance are developed. greater extent than outcome measures, • In the OASIS–C Guidance Manual, process measures can identify specific clinically significant medication issues Reporting of Home Health Care Quality areas of care that may require are defined as those that, in the care Data Through CAHPS Survey improvement and give credit for good provider’s clinical judgment, pose an In the Home Health Prospective care provision. Data related to the actual or potential threat to patient Payment System Rate Update for process measures will be collected in health and safety, such as drug Calendar Year 2010 (August 13, 2009), the OASIS–C instrument beginning reactions, ineffective drug therapy, side we proposed to expand the home health January 1, 2010 and the first reports on effects, drug interactions, duplicate quality measures reporting requirements process measures are projected to be therapy, medication omissions, dosage to include the CAHPS® Home Health available to agencies in September 2010. errors, or non-adherence to prescribed Care (HHCAHPS) Survey, as initially Comment: One commenter requested medication regimen. Potential clinically discussed in the May 4, 2007 proposed definitions of various terms used within significant medication issues include rule (72 FR 25356, 25452) and in the the process measure descriptions. adverse reactions to medications (for November 3, 2008 Notice (73 FR 65357,
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65358). As part of the U.S. Department Care Survey. We submitted the survey The survey is currently available in of Health and Human Services (DHHS) to the National Quality Forum (NQF) for both English and Spanish translations. Transparency Initiative, we proposed to consideration and endorsement via their We proposed that HHAs and their implement a process to measure and consensus process. NQF endorsement survey vendors will not be permitted to publicly report patient experiences with represents the consensus opinion of translate the HHCAHPS survey into any home health care using a survey many healthcare providers, consumer other languages on their own. However, developed by the Agency for Healthcare groups, professional organizations, it was proposed that CMS will provide Research and Quality’s (AHRQ’s) health care purchasers, Federal agencies additional translations of the survey Consumer Assessment of Healthcare and research and quality organizations. over time. The Web site https:// Providers and Systems (CAHPS®) The survey received NQF endorsement www.homehealthcahps.org will provide program. The HHCAHPS survey is part on March 31, 2009. information about the subsequent of a family of CAHPS® surveys that asks The HHCAHPS survey includes 34 availability of additional translations. In patients to report on and rate their questions covering topics such as the proposed rule, we asked for experiences with health care. The specific types of care provided by home suggestions for any additional language HHCAHPS survey presents home health health providers, communication with translations. Such suggestions should be patients with a set of standardized providers, interactions with the home submitted online to the HHCAHPS questions about their home health care health agency, and global ratings of the Survey Coordination Team, at providers and about the quality of their agency. For public reporting purposes, [email protected]. home health care. Prior to this survey, we will utilize composite measures and Home health agencies interested in there was no national standard for global ratings of care. Each composite learning about the survey are collecting information about patient measure consists of four or more encouraged to view the HHCAHPS experiences that would enable valid questions regarding one of the following survey Web site, at https:// comparisons across all home health related topics: www.homehealthcahps.org. Agencies agencies (HHAs). 1. Patient care; can also call toll-free (1–866–354–0985), In this Final Rule, we intend to move 2. Communications between or send an e-mail to the HHCAHPS forward with the implementation of the providers and patients; or Survey Coordination Team at HHCAHPS. However, we intend to link 3. Specific care issues (medications, [email protected] for more information. the survey to the CY 2012 payment home safety and pain). There are also The following types of home health update rather than to the CY 2011 two global ratings; the first rating asks care patients were proposed as eligible payment update. We still intend to to participate in the HHCAHPS survey: the patient to assess the care given by ➢ implement the survey on a voluntary the HHA’s care providers, and the Current or discharged patients basis beginning in October 2009. second asks the patient about his/her who had at least one skilled care home Background and Description of the willingness to recommend the HHA to health visit at any time during the HHCAHPS family and friends. sample month; ➢ Patients who were at least 18 years There are two options for AHRQ, in collaboration with its of age at any time during the sample administering the HHCAHPS survey. CAHPS grantees, developed the period, and are believed to be alive; CAHPS® Home Health Care Survey with The agency can choose to administer the ➢ Patients who received at least two the assistance of many entities (for existing HHCAHPS survey, or the HHA skilled care visits from HHA personnel example, government agencies, can integrate additional questions during a 60-day look-back period. (Note professional stakeholders, consumer within the HHCAHPS survey. If an that the 60-day look-back period is groups and other key individuals and agency chooses to implement an defined as the 60-day period prior to organizations involved in home health integrated survey, the core questions and including the last day in the sample care). The HHCAHPS survey was from the HHCAHPS survey (questions 1 month); designed to measure and assess the through 25) must be placed before any ➢ Patients who have not been experiences of those persons receiving specific/supplemental questions that the selected for the monthly sample during home health care with the following home health agency wishes to add to the any month in the current quarter or three goals in mind: survey. Questions 26 through 34 (the during the 5 months immediately prior • To produce comparable data on ‘‘About You’’ survey questions) must be to the sample month; patients’ perspectives of care that allow administered as a unit—although they ➢ Patients who are not currently objective and meaningful comparisons may be placed either before or after any receiving hospice care; between home health agencies on supplemental questions that the HHA ➢ Patients who do not have domains that are important to wishes to add to the HHCAHPS survey. ‘‘maternity’’ as the primary reason for consumers; If no HHA-specific questions are to be receiving home health care; and • To create incentives for agencies to added to the HHCAHPS survey, the Patients who have not requested ‘‘no improve their quality of care through ‘‘About You’’ questions should follow publicity status.’’ public reporting of survey results; and the core questions (numbered 1 through To collect and submit HHCAHPS data • To hold health care providers 25) on the HHCAHPS survey. In to CMS, Medicare-certified agencies will accountable by informing the public addition, there are nine optional need to contract with an approved about the providers’ quality of care. supplemental HHCAHPS questions that HHCAHPS survey vendor. Beginning in The development process for the are available for HHAs to use (in summer 2009, interested vendors survey began in 2006 and included a addition to the 34-item HHCAHPS applied to become approved HHCAHPS public call for measures, review of the survey). These optional supplemental vendors. The application process was existing literature, consumer input, HHCAHPS questions will not be (and still is) delineated online at https:// stakeholder input, public response to publicly reported and are not required. www.homehealthcahps.org. Vendors are Federal Register notices, and a field test The supplemental questions are listed required to attend training conducted by conducted by AHRQ. AHRQ conducted in the Protocols and Guidelines Manual CMS and the HHCAHPS Survey this field test to validate the length and available at https:// Coordination Team, and to pass a post- content of the CAHPS® Home Health www.homehealthcahps.org. training certification test.
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Home health agencies that are delineated in the Protocols and Oversight Activities: The Consumer interested in participating in the Guidelines Manual. Assessment of Healthcare Providers and HHCAHPS survey may do so on a In the proposed rule, we proposed Systems (CAHPS®) Home Health Care voluntary basis beginning in October that the HHCAHPS survey data be Survey submitted and analyzed quarterly, and 2009. Such agencies must select a We proposed that vendors and HHAs that the sample selection and data vendor from the list of HHCAHPS be required to participate in HHCAHPS collection occur on a monthly basis. approved survey vendors. This listing oversight activities to ensure HHAs would target 300 HHCAHPS was made available on the Web site compliance with HHCAHPS protocols, https://www.homehealthcahps.org on survey completes annually. Smaller guidelines and survey requirements. September 14, 2009. The listing will be agencies that were unable to reach 300 The purpose of the oversight activities updated on an ongoing basis to reflect survey completes by sampling would is to ensure that HHAs and approved the current approved list of survey survey all HHCAHPS eligible patients. survey vendors follow the Protocols and vendors. We proposed that survey vendors initiate the survey for each monthly Guidelines Manual. It was proposed that Participation Requirements for CY 2011: sample within 3 weeks after the end of all approved survey vendors develop a The Consumer Assessment of the sample month. We proposed that all Quality Assurance Plan (QAP) for Healthcare Providers and Systems survey administration in accordance ® data collection for each monthly sample (CAHPS ) Home Health Care Survey be completed within 6 weeks (42 days) with the Protocols and Guidelines In the proposed rule, we proposed after data collection began. We have Manual. The QAP would include the that beginning in the first quarter of CY following: approved three modes of the survey to • 2010, all Medicare-certified home health Organizational chart; be used: mail only, telephone only, and • agencies would begin to collect the mail with telephone follow-up (the Work plan for survey CAHPS® Home Health Care (HHCAHPS) implementation; ‘‘mixed mode’’). We proposed that for • survey data in accordance with the mail-only and mixed-mode surveys, Description of survey procedures Protocols and Guidelines Manual and quality controls; data collection for a monthly sample • located on the HHCAHPS Web site would end 6 weeks after the first Quality assurance oversight of on- https://www.homehealthcahps.org. questionnaire was mailed. We proposed site work and of all subcontractors Home health agencies would contract work; and that for telephone-only surveys, data • with approved HHCAHPS survey collection would end 6 weeks following Confidentiality/Privacy and vendors (posted on https:// the first telephone attempt. Security procedures in accordance with www.homehealthcahps.org) that are to In the proposed rule we wrote that we the Health Insurance Portability and conduct the survey. We proposed that were aware that there was a wide Accountability Act (HIPAA). participating home health agencies variation in the size of Medicare- As part of the oversight activities the would conduct a dry run of the survey certified home health agencies. We HHCAHPS Survey Coordination Team for at least one month in the first quarter proposed that the requirement to collect would conduct on-site visits and/or of 2010 (January, and/or February, and/ HHCAHPS survey data be waived for conference calls. The HHCAHPS Survey or March 2010), and submit the dry run agencies that served fewer than 60 Coordination Team would review the data to the Home Health CAHPS® Data HHCAHPS eligible patients annually. survey vendor’s survey systems, and Center by 11:59 p.m. EST on June 23, The HHCAHPS eligible, unduplicated would assess administration protocols 2010. The dry run data would not be patient counts for the period of October based on the Protocols and Guidelines publicly reported on the CMS Home 1 through September 30 for a given year Manual posted on https:// Health Compare Web site. This dry run would be used to determine if the HHA www.homehealthcahps.org. We would provide an opportunity for had to participate in the HHCAHPS proposed that all materials relevant to vendors and HHAs to acquire first-hand survey in the next calendar year. survey administration would be subject experience with data collection, We also proposed that newly to review. The proposed systems and including sampling and data submission Medicare-certified home health agencies program review would include but not to the Home Health CAHPS® Data (that is, those certified on or after be limited to: (a) Survey management Center, with no public reporting of the January 1, 2010 for payments to be made and data systems; (b) printing and results. We proposed that all Medicare- in CY 2011) be excluded from the mailing materials and facilities; (c) data certified home health agencies HHCAHPS reporting requirement for the receipt, entry and storage facilities; and continuously collect HHCAHPS survey first year, as data submission and (d) written documentation of survey data every quarter beginning in the analysis would not be possible for an processes. Organizations would be given second quarter (April, May and June) of agency this late in the reporting period. a defined time period in which to 2010, and submit these data for the In the proposed rule, we strongly correct any problems and provide second quarter of 2010 to the Home recommended that home health follow-up documentation of corrections Health CAHPS® Data Center by 11:59 agencies participating in the HHCAHPS for review. Survey vendors would be p.m. EST on September 22, 2010. We survey promptly review the required subject to follow-up site visits as proposed that these data submission Data Submission Summary Reports that needed. deadlines be firm (that is, there would are described in the Protocols and We did not receive any comments be no late submissions allowed). Guidelines Manual posted on https:// regarding the proposed oversight Medicare-certified HHAs would need www.homehealthcahps.org. These activities and therefore, the proposed to provide their respective survey reports will enable the home health recommendations are considered to be vendors with information about their agency to ensure that its survey vendor final for this rule. survey-eligible patients (either current has submitted their data on time, and or discharged) every month in that the data have been accepted/ For Further Information on the accordance with the Protocols and received by the Home Health CAHPS® HHCAHPS Survey Guidelines Manual posted on https:// Data Center. We received no comments It is strongly recommended that all www.homehealthcahps.org. Details on this proposal, and are finalizing it as home health care agencies participating about selecting the HHA sample are also proposed. in the HHCAHPS survey regularly check
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the Web site, https:// planning for HHCAHPS, the prevention HHCAHPS survey. The Flesch-Kincaid www.homehealthcahps.org for program of spurious variables on the data was reading test showed that the HHCAHPS updates and information. viewed as essential in the survey is at less than a seventh grade We proposed that all HHAs, unless implementation of HHCAHPS. To level. More importantly though, if covered by specific exclusions, meet the further achieve this goal, we have patients are unable to answer the survey quality reporting requirements or be additionally revised our protocols for due to decreased capacities, a family or subject to a 2 percent reduction in the the HHCAHPS based on comments that friend may assist the patient and answer home health market basket percentage were sent to us. We are now including the questions on behalf of the selected increase in accordance with section only Medicare and/or Medicaid patients home health patient in the HHCAHPS 1895(b)(3)(B)(v)(I) of the Act. A in the HHCAHPS survey. For public home health agency sample. reconsideration and appeals process is reporting of the data, the data will be Comment: We received comments being developed for HHAs who fail to adjusted for mode of survey asking how the HHCAHPS survey meet the HHCAHPS reporting administration. The HHCAHPS would be administered to patients requirements. We proposed that these measures will also be adjusted for suffering from dementia or psychiatric procedures would be detailed in the patient mix. Patient-mix adjustments are disorders. proposed CY 2012 home health made when certain patient Response: We appreciate comments payment rule, the period for which characteristics that are beyond home sensitive to concerns about how HHCAHPS will be linked to the home health agencies’ control impact how a HHCAHPS would be administered to health market basket percentage patient responds to the survey. The patients suffering from dementia, or increase. patient-mix characteristics that have other disorders that might present Comment: We received a comment been identified for possible inclusion challenges to respondents. Early on, we endorsing the proposed addition of the cover variables such as overall health recognized the importance of allowing HHCAHPS patient perspectives of care status, diagnosis information, age, proxy respondents for this population survey, stating that it would be a useful education, managed care indicator, even though proxy respondents are not supplement to existing performance whether the patient lives alone, and always used in other CAHPS surveys. measures. insurance coverage. Although the Proxy respondents answer the Response: We appreciate this patient-mix adjusters included in the HHCAHPS survey on behalf of the comment in support of adding the Home model are constant over time, the exact patient respondent. We analyzed the Health Care CAHPS (HHCAHPS) values of patient-mix adjustment field test data and found that proxy measures to the quality reporting coefficients are re-estimated each respondents do not respond differently program of the agency. reporting period based on the empirical from home health patients; thus, proxy Comment: We received comments relationship observed between the respondents (that is, family members) that HHCAHPS needs to be field-tested patient-mix adjustment variables and are allowed. However, home health and the survey results need to be HHCAHPS outcomes in that period. agency staff cannot serve as proxy statistically reliable before such results Comment: We received comments respondents for patients. are incorporated into quality reports, that the HHCAHPS survey is too long. Comment: We received feedback from published on Home Health Compare, or These commenters mentioned that the one commenter that the existing survey counted in the consideration of the rates of completion of consumer timelines could result in patients being annual payment update for home health satisfaction surveys are typically low, surveyed more than 60 days after their agencies. particularly when the instrument is home health services ended, resulting in Response: The Home Health Care long. an inability to recall or evaluate services CAHPS has been field-tested by AHRQ Response: The version of the accurately. and the CAHPS grantees and the final HHCAHPS that was used in the AHRQ Response: We appreciate this survey is currently being used in a field test had 58 items, and the length comment concerning surveying patients national, randomized mode experiment. of that survey did not appear to too long after they received services. We A rigorous, scientific process was used influence the completion of the survey. received comments from the home in the development of the survey, However, as a result of intensive data health agencies in our mode experiment including: a public call for measures; analysis and input from the that the earliest that they can deliver a literature reviews; focus groups with stakeholders and the Technical Expert patient list from the end of the month home health patients; cognitive Panel, over 20 questionnaire items were is about two weeks after the close of the interviews with home health patients; eliminated from the field test survey. month. Therefore, we have emphasized stakeholder input; public response to The current 34-item questionnaire (that to the HHAs to send their patient lists Federal Register notices; and a field ultimately received NQF endorsement) to their respective vendors in time to test. was the outcome of this development begin data collection within 21 days Comment: We received feedback from process. We believe that the length of after the close of any month. In most commenters asking how HHCAHPS the survey represents an effective data collection scenarios, we believe would be adjusted to account for compromise and achieves the goal of that patients will be surveyed within 60 variation in quality scores which is providing key quality measures of the days from the time that they last unrelated to agency behavior. One patient perspectives of care while at the received services from the home health commenter noted that this would same time keeping the survey as short agency. In certain circumstances, it may require matching of demographic and as possible. CMS is not shortening the be that patients will be surveyed later insurance data into a risk adjustment survey in this Final Rule. than 60 days if they were seen the very methodology. The commenter asked Comment: We received feedback from beginning of the sample month and do CMS to articulate how this adjustment a commenter concerned that many HHA not respond to the initial mail or will be achieved to prevent the release patients were not sufficiently educated telephone attempts. Overall, the goal of of spurious quality measures. to interpret the HHCAHPS correctly. the data collection process is to survey Response: We appreciate this Response: We appreciate the the patients as soon as possible. feedback and would like to emphasize sensitivity to the home health patients Comment: We received comments that from the very beginning of the by asking about the readability of the that there is a need for additional
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language translations of the HHCAHPS population is particularly vulnerable asked that we cap the amount that besides English and Spanish. Several and dependent upon their home health vendors would charge HHAs and allow commenters mentioned the difficulties agency caregivers. HHAs to claim the cost as allowable on in implementing HHCAHPS because Comment: We received a comment their cost reports. their agencies have few patients who asking CMS to clarify what oversight Response: We are fully appreciative of speak either English or Spanish. would occur regarding how agencies the comments concerning cost burdens Response: We appreciate these compile their patient lists and submit to the HHAs with the implementation of concerns regarding the need for them to vendors. HHCAHPS. We believe that home health additional language translations and Response: We thank the commenter agencies should ‘‘shop around’’ for the strongly encourage that these for this inquiry and respond that we best value by researching as many suggestions and specific requests be will be conducting oversight activities vendors as possible that are listed on the submitted as soon as possible to the for the HHCAHPS vendors. As part of vendor list on http:// HHCAHPS Survey Coordination Team the oversight activities, we will monitor www.homehealthcahps.org. We are at [email protected]. Currently, CMS is information about the number of confident that there are reasonable creating a Chinese translation of the patients eligible per month and may ask choices for the HHAs with the current questionnaire and will produce the vendor to provide sampling frame list of vendors. We have limited the additional translations in the coming counts for a sample of agencies. If we initial data collection to Medicare and/ year. CMS is not allowing vendors or are seeing unusual numbers of eligible or Medicaid patients to reduce the individual HHAs to independently patients counts compared against burden of providing administrative data translate the survey into other languages OASIS counts, we may work with the on private pay patients. We will also on their own because of the need to vendor and agency to determine if there accept V codes instead of ICD–9 codes assure comparable (if not identical) are any systematic issues. if the agency does not have ICD–9 codes wording in every language, and thus Comment: We received comments for particular patients. All of the ensure comparability of the survey data concerning the costs involved in administrative variables should be on a national basis. contracting with an approved Home available on OASIS and should require Comment: We received several Health Care CAHPS vendor to collect minimal reprogramming for the HHAs comments about how we chose the and submit data. These costs represent to provide patient information to their particular criteria on who is eligible/ an additional expenditure for agencies survey vendors. HHAs will be paying ineligible to participate in the survey. without additional compensation from vendors for data collection and Response: Based on input received CMS. These commenters stated vendor processing services and we will be through stakeholder meetings, AHRQ cost estimates have been provided, paying for training, technical assistance, and CMS agreed that patients 18 and ranging anywhere from $5 per oversight of vendors, and data analysis older needed to have 2 or more skilled completed survey, up to $9,000 a year. of the HHCAHPS data. In response to visits in order to evaluate an agency’s Response: We recognize that vendors the comment that this is a mandatory care. Additionally, maternity and will charge different amounts for the requirement that makes non-compliance hospice patients were excluded due to survey, and highly recommend that subject to a penalty, we respond that the (1) the unique circumstances home health agencies ‘‘shop around’’ for expanded requirements concerning the surrounding maternity care; and (2) the the best value for their agency. The collection of quality data were stated in sensitivity associated with surveying vendor list is available on the CY 2008 Home Health Payment Rule hospice patients. www.homehealthcahps.org. Currently, and in the CY 2009 Home Health Notice Comment: We received several 34 vendors have been approved to of October 31, 2008. The expanded comments concerning the inclusion of conduct the survey and additional requirements concerning quality data all patients, rather than limiting the vendors will be approved in the coming for home health agencies were also survey to Medicare and/or Medicaid months. Therefore, for the final rule, stated in the Deficit Reduction Act. The patients only. Commenters were only HHCAHPS-approved vendors may collection of quality data for similar concerned about the burden and be used to conduct the HHCAHPS CAHPS surveys, such as the Hospital validity of including non-Medicare or survey for participating home health CAHPS survey, follow the same model non-Medicaid patients as respondents. agencies. wherein the health care providers pay Response: In this Final Rule we are Comment: We received multiple the approved survey vendors for the recommending that the submission of comments about cost to the HHAs, and data collection costs and we pay for the HHCAHPS data be initially applied to burden to the HHAs. We received training, technical assistance, oversight Medicare and Medicaid patients only. feedback from one commenter who of vendors, and data analysis costs. Only Medicare and/or Medicaid wrote that the HHCAHPS HHAs are strongly encouraged to report patients are included in the HHCAHPS implementation process has not been their respective HHCAHPS cost on their survey. All other eligibility criteria are well explained or thought through in cost reports but should note that these being implemented as proposed. terms of impacts on agencies; a number costs are not reimbursable under the HH Comment: We received comments of commenters were concerned about PPS. asking why Home Health Agencies the financial burden, particularly when Comment: We received comments cannot conduct the HHCAHPS survey reimbursements are decreasing. Another asking whether HHCAHPS participation themselves (that is, self-administer the felt that software reprogramming costs is really a voluntary program. survey). and fees were not accurate in the burden Response: The first year of the Response: Agencies are not allowed to estimates. Another commenter asked HHCAHPS is entirely voluntary. Once conduct the survey on their own. Since that CMS clarify whether CMS or HHAs data collection is tied to the annual many patients have a continuing will be paying vendors for their payment update for CY 2012 (voluntary relationship with their home health services. A number of commenters data collection begins October 2010), agency, we believe that an independent wrote that a policy which imposes a agencies may choose to participate. third party will be better able to solicit mandatory requirement but makes non- Moreover, agencies may still choose not an unbiased response. Since they compliance subject to a penalty should to participate in the survey if they receive care in their homes, this be funded by CMS. Another commenter believe that the costs of participating
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will exceed the two percent reduction of time period. Such agencies would be required for non-Medicare, non- the full annual payment update they exempt from conducting the HHCAHPS Medicaid patients. HHAs that do would otherwise receive. survey for the annual payment update perform an OASIS assessment on these Comment: While commenters were in CY 2012. Agencies that have fewer patients do not enter the information generally supportive of the survey, and than 60 eligible, unduplicated patients into their electronic files since HHAs of quality improvement measures in would be exempt from data collection are prohibited from reporting these data home health, many requested a delay in from third quarter CY 2010 through to the State repository. the implementation of the survey. second quarter CY 2011. Response: We are appreciative of this Commenters were concerned about Comment: We received comments comment and for the final rule have implementing this new requirement at about the HHCAHPS data submission limited data collection to Medicare and/ the same time as the rollout for OASIS– requirements for reporting ICD–9 codes or Medicaid patients. In addition, we C. They wanted home health agencies to for patient diagnosis. It was proposed in are also allowing V codes if ICD–9 data have additional time to select a vendor the Protocols and Guidelines Manual are unavailable for the HHCAHPS to conduct the survey for them. and also in CMS training that ICD–9 patients. Commenters were concerned about not codes be used in patient mix adjustment Comment: We received a comment accounting for this expense in their to ensure the HHCAHPS results are suggesting that we reevaluate patient 2010 budgets, and wanted additional comparable across agencies. However, data submission requirements, and time to evaluate and pilot the survey on commenters wrote that over 40 percent streamline the amount of information their own. of home health agencies use V-codes to essential to the accurate reporting of Response: CMS has carefully indicate a patient’s primary diagnosis. patient experiences. considered the comments it received, Home health agencies however, are in Response: We appreciate this and is delaying the linkage of agreement that V codes do not comment concerning a reevaluation of HHCAHPS data to the quality reporting accurately reflect the medical the patient data submission requirements for the annual payment conditions of their patient population. requirements for HHCAHPS. update by 6 months. This will allow Response: Based on feedback from the Accordingly, we have revised the data home health agencies to first fully proposed rule, we have modified the submission requirements with two implement OASIS–C before being specifications to allow for the significant changes in this final rule. required to implement the HHCAHPS submission of V codes if those are the The first change is that only Medicare survey for payment considerations. As only available data. However, we and/or Medicaid patients are in the such, agencies will be required to do a strongly encourage the submission of HHCAHPS. The second change is that dry run for at least one month in third ICD–9 codes if feasible. The reason for HHAs may submit V codes if ICD–9 quarter CY 2010, and to begin data collecting diagnosis codes that are not V codes are unavailable. collection on an ongoing basis in codes is to distinguish patients who, Comment: We received several October 2010. With this change, HHAs because of their underlying condition, comments concerning the survey modes will be required to submit dry run data may have very different attitudes about and the need for 300 completed surveys from the third quarter of CY 2010 to the the health care they receive and who a year. We received several comments Home Health CAHPS Data Center by also may respond very differently to the that HHCAHPS should only be 11:59 p.m. EST on January 21, 2011. questions on the HHCAHPS. Prior administered by mail mode to ensure Similarly, HHAs will be required to research has shown that patients rate comparability. Similarly, we received submit data for the fourth quarter of CY the care they receive differently based requests that HHCAHPS be only 2010 to the Home Health CAHPS Data on their characteristics. For example, available in the telephone mode for Center by 11:59 p.m. on April 21, 2011. older patients tend to rate more comparability. Finally, we received With this delay, HHCAHPS will be a favorably than younger patients, but comments that only one survey mode requirement for agencies to receive their sicker patients tend to rate less should be accepted for use for full 2012 annual payment update. favorably than relatively healthier HHCAHPS, no matter what the mode As a result of this rule’s final patients. Consider the case in which two choice was, for comparability across all provision to tie the HHCAHPS to the CY patients are coded with one of the V57 agencies nationally. 2012 annual payment update (rather rehabilitation codes; however, one has Response: We appreciate these than to the CY 2011 annual payment had knee surgery and the other has had comments because they are all related to update), home health agencies certified a stroke. These two patients will the same goal to ensure comparability of on or after April 1, 2011 will be potentially have different perspectives the survey results for all participating excluded from the HHCAHPS reporting and opinions about the home health HHAs. HHCAHPS, as a part of the requirement for CY 2012 as data care they receive, and these perspectives CAHPS program, is always striving to submission and analysis will not be will affect how they respond to the ensure comparability in all steps of the possible for an agency this late in the HHCAHPS survey items. The V code in survey implementation and analysis of CY 2012 reporting period. Agencies this example does not indicate the results. We realized that to limit the should begin HHCAHPS data collection severity of the illness/condition. For survey mode to only one type (for as soon as possible to meet HHCAPS this reason, we urge survey vendors to example, telephone only) could be reporting requirements for future years. provide ICD–9 codes whenever possible, limiting the HHAs in choosing survey Additionally, by June 16, 2010, HHAs so that survey results can be statistically vendors. need to provide CMS with patient adjusted to account for any differences We dealt with a similar issue with the counts for the period of April 1, 2009 in responses based on patient Hospital CAHPS survey, for which through March 31, 2010. CMS will post characteristics. Therefore, for the final several modes of administration were a form that the HHAs will use to submit rule, we will allow V codes if those are ultimately permitted. While patient their patient counts via the Web site, the only available data. responses did vary based on the survey http://www.homehealthcahps.org. This Comment: We received feedback from mode employed, it was possible to requirement pertains only to Medicare- a commenter that the requirements for adjust for these differences statistically. certified HHAs with fewer than 60 HHCAHPS include reporting ADL We are therefore conducting a eligible, unduplicated patients for that scores from OASIS, but OASIS is not randomized mode experiment to test the
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effect of using three data collection which averages about 25 completes a the site of service for the beneficiary modes: mail only, telephone only, and month. However, we equally (defined by section 1861(m) of the Act mixed mode (mail with telephone emphasized that smaller agencies that as the beneficiary’s place of residence). follow-up of non-respondents). If the are unable to reach 300 survey In the HH PPS final rule for CY 2006 mode experiment suggests that the completes by sampling should survey (70 FR 68138, November 9, 2005), we method of data collection has a all HHCAHPS eligible patients. We will adopted the changes discussed in the significant impact on the survey accept less than 300 survey completes Office of Management and Budget responses, then we will use the results annually if an agency is unable to (OMB) Bulletin No. 03–04 (June 6, from the mode experiment to make achieve that number. Compliance is 2003), available online at http:// appropriate adjustments in the reporting based on whether the agency did the www.whitehouse.gov/omb/bulletins/ of the survey responses. When the mode survey and followed the protocols. It is b03-04.html, which announced revised experiment is concluded and all results, not based on the number of patients that definitions for Metropolitan Statistical conclusions and recommendations are responded to the survey. Areas (MSAs), and the creation of available, the results as well as the Micropolitan Statistical Areas and Summary of Final Rule Changes for adjustments will be posted on http:// Combined Statistical Areas. In addition, HHCAHPS www.homehealthcahps.org, the official OMB published subsequent bulletins Web site of the Home Health Care For this final rule, we are adopting regarding CBSA changes, including CAHPS survey. In the meantime, for the three changes to the previously changes in CBSA numbers and titles. final rule, the HHCAHPS will allow proposed provisions for HHCAHPS. The In adopting the OMB Core-Based three survey modes as proposed. first change is the delay in the Statistical Area (CBSA) geographic Comment: We received comments HHCAHPS linkage to the annual designations, we provided for a 1-year that questioned the advisability of payment update, from CY 2011 to CY transition with a blended wage index for requiring a total of 300 completed 2012. This delay means that home all providers. For CY 2006, the wage surveys since this number will have health agencies will need to conduct a index for each provider consisted of a varying statistical validity for small dry run for at least one month in the blend of 50 percent of the CY 2006 versus large agencies. Further, HHAs third quarter 2010, and continuously MSA-based wage index and 50 percent serving populations that tend to be poor collect survey data beginning in the of the CY 2006 CBSA-based wage index respondents will be unable to meet this fourth quarter 2010 and moving (both using FY 2002 hospital data). We total number, particularly if the agencies forward. HHAs are urged to note the referred to the blended wage index as themselves are small in size. In revised dates in this Final Rule and to the CY 2006 HH PPS transition wage addition, commenters were concerned routinely check the Web site http:// index. As discussed in the HH PPS final about the validity of data comparing www.homehealthcahps.org for the key rule for CY 2006 (70 FR 68138, small agencies (that may need to survey dates. The second change concerns the November 9, 2005), subsequent to the 100 percent of the patients in order to patients eligible for the survey: only expiration of the 1-year transition on meet the required target) with large Medicare and/or Medicaid patients will December 31, 2006, we use the full agencies (which may be able to survey be eligible to take the HHCAHPS survey. CBSA-based wage index values. as few as 1 percent of their patients and The third change is that V codes may be We continue to use the methodology reach the target). submitted if ICD–9 codes are discussed in the CY 2007 final rule (71 Response: We understand concerns unavailable. Home Health Compare will FR 65884, November 9, 2006) to address about the sample size. In the practice of be updated to reflect the addition of those geographic areas in which there statistics however, it is established that HHCAHPS to the quality reporting are no hospitals and, thus, no hospital the sample size in absolute numbers is requirements. wage data on which to base the more important than the proportion of calculation of the HH PPS wage index. the population surveyed. Surveying a 3. Home Health Wage Index For those areas, we use the average wage sample of 300 will produce the same Sections 1895(b)(4)(A)(ii) and (b)(4)(C) index from all contiguous CBSAs as a level of precision whether the sample is of the Act require that we adjust the HH reasonable proxy. This methodology is 10 percent, 1 percent or even 0.01 PPS payment rates to account for used to calculate the wage index for percent of the total population. We differences in area wage levels, using a rural Massachusetts. However, we do understand that 300 may be higher than wage index that we find appropriate. not apply this methodology to rural achievable for some small agencies. Since the inception of the HH PPS, we Puerto Rico due to the distinct However, the larger the sample (even if have used hospital wage data in economic circumstances that exist there, less than 300), the less the variability in developing a wage index to be applied but instead continue using the most an agency’s ratings over time. Therefore, to HHAs. recent wage index previously available in the final rule we are moving forward In the CY 2010 proposed rule, we for that area (from CY 2005). For urban with the sample sizes for HHCAHPS as proposed to continue that practice, as areas without specific hospital wage proposed. we continue to believe that using the data, we use the average wage indexes Comment: We received feedback from pre-floor, pre-reclassified hospital of all urban areas within the State to a commenter that suggested that CMS inpatient wage index is appropriate and serve as a reasonable proxy for the wage base compliance with the requirement reasonable for the HH PPS. As index of that that urban CBSA. The only on whether HHAs submitted explained in the update notice for CY urban area without wage data is appropriate numbers of patient files for 2009 (73 FR 65359), the HH PPS does Hinesville-Fort Stewart, Georgia (CBSA their size, rather than on the number of not use the hospital area wage index’s 25980). patients that responded to surveys. occupational mix adjustment, as this On November 20, 2008, OMB issued Response: We appreciate this question adjustment serves specifically to define Bulletin No. 09–01 located at Web clarifying whether agencies must submit the occupational categories more clearly address http://www.whitehouse.gov/ 300 completed surveys on an annual in a hospital setting. omb/bulletins/fy2009/09-01.pdf. This basis. In the proposed rule and in this We apply the appropriate wage index bulletin highlights three geographic final rule, we emphasized that HHAs value to the labor portion (77.082 areas that were previously classified as should target 300 completes annually percent) of the HH PPS rates based on Micropolitan Statistical Areas but now
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qualify as Metropolitan Statistical survey (Worksheet S–3, Parts II and III) not be prudent at this time, because Areas. The three areas are: (1) CBSA as part of their Medicare cost reports. MedPAC suggests that the 16020, Cape Girardeau-Jackson, MO–IL Cost reports will be rejected if reclassification and exception policies (this includes Alexander County in Worksheet S–3 is not completed. In in the IPPS wage index alter the wage Illinois and Bollinger and Cape addition, our intermediaries perform index values for one-third of IPPS Girardeau Counties in Missouri); (2) desk reviews on all hospitals’ hospitals. In addition, MedPAC found CBSA 31740, Manhattan, KS (this Worksheet S–3 wage data, and we run that the exceptions may lead to includes Geary, Pottawatomie, and Riley edits on the wage data to further ensure anomalies in the wage index. By Counties in Kansas); and (3) CBSA the accuracy and validity of the wage adopting the IPPS reclassification and 31860, Mankato-North Mankato, MN data. Furthermore, HHAs have the exceptions at this time, the HH PPS (this includes Blue Earth and Nicollet opportunity to submit comments on the wage index could become vulnerable to Counties in Minnesota). hospital wage index data during the The comments that we received on annual IPPS rulemaking period. problems similar to those that MedPAC the wage index adjustment to the HH Therefore, we believe our review identified in their June 2007 Report to PPS rates, and our responses to those processes result in an accurate reflection Congress. However, we will continue to comments, appear below. of the applicable wages for the areas review and consider MedPAC’s Comment: A commenter requested given. recommendations on a refined that CMS develop an industry specific Comment: A few commenters alternative wage index methodology for (HH specific) wage index. objected to our using CBSA area, which the HH PPS in the future. Response: Our previous attempts at they stated creates arbitrary payment Comment: Several commenters either proposing or developing a home differences along CBSA borders, and recommended MedPAC’s approach to health specific wage index were not exacerbate instability in the wage index. the HH wage index outlined in its June well received by commenters or the Response: We believe that adjusting 2007 report. This approach would use industry. Generally, the volatility of the payments based on the CBSA areas is Bureau of Labor Statistics (BLS) data to home health wage data and the the best available method of resources needed to audit and verify compensating for differences in labor provide more consistent values among those data make it difficult to ensure markets. neighboring markets and less year-to- that such a wage index accurately Comment: A few commenters year volatility in values. Additionally, reflects the wages and wage-related suggested we establish limits on the MedPAC methodology would utilize costs applicable to the furnishing of allowable annual changes in wage index data that are available for all labor areas, services. We believe it is important that values from one year to the next. One eliminating the need to impute a wage a HH specific wage index be more suggested spreading any wage index index in areas with no hospital. reflective of the wages and salaries paid value changes greater than 2 percent Response: In February 2008, CMS in a specific area, be based upon stable over at least 2 years. awarded a Task Order under its Response: Updating the wage index data sources, and significantly improve Expedited Research and Demonstration must be done in a budget neutral our ability to determine HH payments Contract, to Acumen, LLC. Acumen, manner. Establishing limits on how without being overly burdensome. LLC conducted a study of both the Comment: As an alternative to the much a particular wage index could current methodology used to construct rural floor, one commenter suggested we increase or decrease from one year to adjust for population density during another would not be consistent with the Medicare wage index and the calculation of the labor portion of budget neutrality. Consequently, we recommendations in MedPAC’s 2007 payments to account for the increased implement updated versions of the wage report to Congress. Part One of costs of providing services in rural index, in their entirety. Acumen’s final report, which analyzes areas. Comment: Several commenters asked the strengths and weaknesses of the data Response: The proposal of utilizing a CMS to allow HHAs to apply for the sources used to construct the CMS and population density adjustment is type of geographic reclassification that MedPAC indexes, is available online at suggestive of a rural add-on. The HH IPPS hospitals are provided. In addition, http://www.acumenllc.com/reports/cms. PPS has utilized rural add-ons during several commenters recommended We will continue monitoring wage various time periods since its inception. establishing a rural floor. index reform efforts and their potential However, rural add-ons must be Response: The commenters are influence on the HH PPS wage index. referring to rural floor and geographic legislated. The last rural add-on, which Moreover, in light of all of the was mandated by section 5201(b) of the reclassification provisions in the IPPS which are only applicable to hospital pending research and review of wage Deficit Reduction Act (DRA), expired in index issues in general, it would be early CY 2007. payments. The rural floor provision is Comment: A commenter wrote that it provided at section 4410 of Public Law premature at this time to initiate was unfair for HHAs to be tied to 105–33 and is specific to hospitals. The revisiting the use of CBSA labor market erroneous hospital data with no reclassification provision provided at areas and review of a HH specific wage recourse. section 1886(d)(10) of the Act is also index. Response: CMS utilizes efficient specific to hospitals. In its June 2007 Therefore, in this final rule, we will means to ensure and review the report titled, ‘‘Report to Congress: continue to use hospital wage data to accuracy of the hospital cost report data Promoting Greater Efficiency in calculate the HH PPS wage index and resulting wage index. The home Medicare’’, MedPAC recommends that adjustment, and are finalizing the wage health wage index is derived from the Congress ‘‘repeal the existing hospital index policies as discussed in the CY pre-floor, pre-reclassified hospital wage wage index statute, including 2010 proposed rule (74 FR 40948– index which is calculated based on cost reclassification and exceptions, and give 40982, August 13, 2009). Refer to report data from hospitals paid under the Secretary authority to establish new Addenda A and B of this final rule for the hospital inpatient prospective wage index systems.’’ We believe that the wage index applicable to CY 2010 payment system (IPPS). All IPPS adopting the IPPS wage index policies HH PPS payments. hospitals must complete the wage index (such as reclassification or floor) would
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4. CY 2010 Payment Update Medicare pays the 60-day case-mix and finalized in section II.A. of this final a. National Standardized 60-Day and wage-adjusted episode payment on rule, in our final policy of targeting Episode Rate a split percentage payment approach. outlier payments to be approximately The split percentage payment approach 2.5 percent of total HH PPS payments in The CY 2010 HH PPS rates use the includes an initial percentage payment CY 2010, we are returning 2.5 percent same case-mix methodology and and a final percentage payment as set back into the HH PPS rates, to include application of the wage index forth in § 484.205(b)(1) and the national standardized 60-day adjustment to the labor portion of the § 484.205(b)(2). We may base the initial episode payment rate. As such, to HH PPS rates as set forth in the CY 2008 percentage payment on the submission calculate the CY 2010 national HH PPS final rule with comment period. of a request for anticipated payment standardized 60-day episode payment We multiply the national 60-day (RAP) and the final percentage payment rate, we first increase the CY 2009 episode rate by the patient’s applicable on the submission of the claim for the national standardized 60-day episode case-mix weight. We divide the case- episode, as discussed in § 409.43. The payment rate ($2,271.92) to adjust for mix adjusted amount into a labor and claim for the episode that the HHA the 5 percent originally set aside for non-labor portion. We multiply the submits for the final percentage outlier payments. We then reduce that labor portion by the applicable wage payment determines the total payment adjusted payment amount by 2.5 index based on the site of service of the amount for the episode and whether we percent, the final target percentage of beneficiary. We add the wage-adjusted make an applicable adjustment to the outlier payments as a percentage of total portion to the non-labor portion 60-day case-mix and wage-adjusted HH PPS payment. Next, we update by yielding the case-mix and wage adjusted episode payment. The end date of the the final CY 2010 home health market 60-day episode rate subject to any 60-day episode as reported on the claim basket update percentage of 2.0 percent. additional applicable adjustments. determines which calendar year rates As previously discussed in section For CY 2010, we base the wage index Medicare would use to pay the claim. adjustment to the labor portion of the We may also adjust the 60-day case- II.C., ‘‘Case-Mix Measurement HH PPS rates on the most recent pre- mix and wage-adjusted episode Analysis’’, of the proposed rule, our floor and pre-reclassified hospital wage payment based on the information updated analysis of the change in case- index. As discussed in the July 3, 2000 submitted on the claim to reflect the mix not due to an underlying change in HH PPS final rule, for episodes with following: patient health status reveals additional four or fewer visits, Medicare pays the • A low utilization payment provided increase in nominal case-mix. As national per-visit amount by discipline, on a per-visit basis as set forth in discussed, we are moving forward with referred to as a LUPA. We update the § 484.205(c) and § 484.230. our existing policy to reduce rates by national per-visit rates by discipline • A partial episode payment 2.75 percent in CY 2010. Consequently, annually by the applicable home health adjustment as set forth in § 484.205(d) to calculate the CY 2010 national market basket percentage. We adjust the and § 484.235. standardized 60-day episode payment national per-visit rate by the appropriate • An outlier payment as set forth in rate, we then reduce the rate by 2.75 wage index based on the site of service § 484.205(e) and § 484.240. percent, for a final updated CY 2010 for the beneficiary, as set forth in national standardized 60-day episode § 484.230. We will adjust the labor b. Updated CY 2010 National payment rate of $2,312.94. The final portion of the updated national per-visit Standardized 60-Day Episode Payment updated CY 2010 national standardized rates used to calculate LUPAs by the Rate 60-day episode payment rate for an most recent pre-floor and pre- In calculating the annual update for HHA that submits the required quality reclassified hospital wage index, as the CY 2010 national standardized 60- data is shown in Table 1. The final discussed in the CY 2008 HH PPS final day episode payment rates, we first look updated CY 2010 national standardized rule with comment period. We update at the CY 2009 rates as a starting point. 60-day episode payment rate for an the LUPA add-on payment amount and The CY 2009 national standardized 60- HHA that does not submit the required the NRS conversion factor by the day episode payment rate is $2,271.92. quality data (home health market basket applicable home health market basket As discussed in section II.B., ‘‘Outlier update of 2.0 percent is reduced by 2 update of 2.0 percent for CY 2010. Policy’’, of the CY 2010 proposed rule, percent) is shown in Table 2.
TABLE 1—NATIONAL STANDARDIZED 60-DAY EPISODE PAYMENT RATE UPDATED BY THE HOME HEALTH MARKET BASKET UPDATE FOR CY 2010, BEFORE CASE-MIX ADJUSTMENT AND WAGE ADJUSTMENT BASED ON THE SITE OF SERVICE FOR THE BENEFICIARY
Adjusted to return the Multiply by CY 2010 outlier Adjusted to the home Reduce by National funds, that account for health mar- 2.75 percent standard- CY 2009 National standardized 60-day episode payment rate paid for the the pro- ket basket for nominal ized 60-day original 5% posed 2.5% update (2.0 change in episode target for outlier policy 1 case-mix payment outlier pay- percent) rate ments
$2,271.92 ...... / 0.95 × 0.975 × 1.020 × 0.9725 $2,312.94 1 The estimated home health market basket update of 2.0 percent for CY 2010 is based on IHS Global Insight Inc., 3rd Qtr 2009 forecast with historical data through 2nd Qtr 2009.
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TABLE 2—FOR HHAS THAT DO NOT SUBMIT THE REQUIRED QUALITY DATA; NATIONAL STANDARDIZED 60-DAY EPISODE PAYMENT RATE UPDATED BY THE HOME HEALTH MARKET BASKET UPDATE FOR CY 2010, BEFORE CASE-MIX AD- JUSTMENT AND WAGE ADJUSTMENT BASED ON THE SITE OF SERVICE FOR THE BENEFICIARY
CY 2010 Multiply by National Adjusted to the home standard- return the health mar- Reduce by ized 60-day outlier Adjusted to ket basket 2.75 percent episode funds, that account for update (2.0 Total CY 2009 National standardized 60-day episode payment rate 1 for nominal payment paid for the the 2.5% percent) change in rate for original 5% outlier policy minus 2 case-mix HHAs that target for percent for do not sub- outliers a 0.0 per- mit required cent update quality data
$2,271.92 ...... / 0.95 × 0.975 × 1.00 × 0.9725 $2,267.59 1 The estimated home health market basket update of 2.0 percent for CY 2010 is based on IHS Global Insight Inc., 3rd Qtr 2009 forecast with historical data through 2nd Qtr 2009.
c. National Per-Visit Rates Used To Pay national per-visit rates. We first adjust market basket update percentage of 2.0 LUPAs and Compute Imputed Costs the CY 2009 national per-visit rates to percent. National per-visit rates are not Used in Outlier Calculations adjust for the 5 percent originally set subjected to the 2.75 percent reduction aside for outlier payments. We then related to the nominal increase in case- In calculating the CY 2010 national reduce those national per-visit rates by mix because they are per-visit rates and per-visit rates used to calculate 2.5 percent, the final target percentage hence not case-mix adjusted. The final payments for LUPA episodes and to of outlier payments as a percentage of updated CY 2010 national per-visit rates compute the imputed costs in outlier total HH PPS payment. Next we update per discipline are shown in Table 3. calculations, we start with the CY 2009 by the current CY 2010 home health
TABLE 3—NATIONAL PER-VISIT RATES FOR LUPAS (NOT INCLUDING THE LUPA ADD-ON PAYMENT AMOUNT FOR A BENE- FICIARY’S ONLY EPISODE OR THE INITIAL EPISODE IN A SEQUENCE OF ADJACENT EPISODES) AND OUTLIER CALCULA- TIONS UPDATED BY THE CY 2010 HOME HEALTH MARKET BASKET UPDATE, BEFORE WAGE INDEX ADJUSTMENT
For HHAs that DO submit For HHAs that DO NOT the required quality data submit the required qual- ity data Adjusted to CY 2009 return the Multiply by Per-visit outlier funds Adjusted to CY 2010 the home CY 2010 amounts per that paid for account for Multiply by per-visit health mar- per-visit Home health discipline type 60-day epi- the original the 2.5% the home payment ket basket payment sode for 5% target outlier policy health mar- amount for update (2.0 amount for ket basket HHAs that 1 HHAs that LUPAs for outlier update (2.0 DO submit percent) DO NOT payments 1 minus 2 percent) the required percent, for submit the quality data a 0 percent required update quality data
Home Health Aide ...... $48.89 / 0.95 × 0.975 × 1.02 $51.18 × 1.00 $50.18 Medical Social Services ...... 173.05 / 0.95 × 0.975 × 1.02 181.16 × 1.00 177.60 Occupational Therapy ...... 118.83 / 0.95 × 0.975 × 1.02 124.40 × 1.00 121.96 Physical Therapy ...... 118.04 / 0.95 × 0.975 × 1.02 123.57 × 1.00 121.15 Skilled Nursing ...... 107.95 / 0.95 × 0.975 × 1.02 113.01 × 1.00 110.79 Speech-Language Pathology ...... 128.26 / 0.95 × 0.975 × 1.02 134.27 × 1.00 131.64 1 The proposed estimated home health market basket update of 2.0 percent for CY 2010 is based on IHS Global Insight Inc., 3rd Qtr 2009 forecast with historical data through 2nd Qtr 2009.
d. LUPA Add-on Payment Amount be approximately 2.5 percent of total to the 2.75 percent reduction related to Update HH PPS payments in CY 2010. As such, the nominal increase in case-mix we first adjust the CY 2009 LUPA add- because it is an add-on to the per-visit Beginning in CY 2008, LUPA episodes on payment amount to adjust for the 5 rates which are not case-mix adjusted. that occur as the only episode or initial percent originally set aside for outlier episode in a sequence of adjacent The final updated CY 2010 LUPA payments. We then reduce that amount episodes were adjusted by adding an add-on payment amount is shown in by 2.5 percent, the final target additional amount to the LUPA Table 4 below. Just as the standardized percentage of outlier payments as a payment before adjusting for area wage 60-day episode rate and the per-visit percentage of total HH PPS payment. differences. As previously discussed, we rates paid to HHAs that do not submit are returning 2.5 percent back into the Next we updated by the current CY the required quality are reduced by 2 HH PPS rates, to include the LUPA add- 2010 home health market basket update percent, the additional LUPA payment on payment amount, as a result of our percentage of 2.0 percent. The LUPA should be reduced by 2 percent also. In final policy to target outlier payments to add-on payment amount was not subject neither the CY 2008 nor the CY 2009
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HH PPS rulemaking did we include submit the required quality data will be required quality data will be updated by such an adjustment to the LUPA add-on updated by the full home health market the home health market basket update payment amount. For CY 2010, the add- basket update. The add-on to the LUPA minus two percent. on to the LUPA payment to HHAs that payment to HHAs that do not submit the
TABLE 4—CY 2010 LUPA ADD-ON PAYMENT AMOUNTS
For HHAs that DO submit the required For HHAs that DO NOT submit the quality data required quality data Multiply by the Adjusted to return CY 2010 LUPA CY 2010 LUPA Adjusted to ac- home health mar- Add-on payment CY 2009 LUPA the outlier funds, Multiply by the Add-on payment ket basket update Add-on payment that paid for the count for the pro- home health mar- amount for HHAs amount for HHAs (2.0 percent) 1 amount original 5% target posed 2.5% outlier ket basket update that DO submit that DO NOT sub- policy 1 minus 2 percent, for outliers (2.0 percent) required quality for a 0.0 percent mit required data update quality data
$90.48 / 0.95 × 0.975 × 1.02 $94.72 × 1.00 $92.86 1 The proposed estimated home health market basket update of 2.0 percent for CY 2010 is based on IHS Global Insight Inc., 3rd Qtr 2009 forecast with historical data through 2nd Qtr 2009.
e. Non-Routine Medical Supply adjust for the 5 percent originally set Finally, we then reduce that adjusted Conversion Factor Update aside for outlier payments. We then payment amount by 2.75, to account for reduce that amount by 2.5 percent, the the increase in nominal case-mix. The Payments for non-routine medical final target percentage of outlier final updated CY 2010 NRS conversion supplies (NRS) are computed by payments as a percentage of total HH factor is shown in Table 5a below. The multiplying the relative weight for a PPS payment. NRS conversion factor for CY 2009 was particular severity level by the NRS Next we update by the current $52.39. For CY 2010, the NRS conversion factor. We first adjust the CY proposed CY 2010 home health market conversion factor is $53.34. 2009 NRS conversion factor ($52.39) to basket update percentage of 2.0 percent.
TABLE 5A
Adjusted to return the CY 2010 NRS outlier funds, that paid Adjusted to account Multiply by the home Reduce by 2.75 per- conversion factor for CY 2009 NRS for the original 5% for the 2.5% outlier health market basket cent for nominal HHAs that DO submit conversion factor target for outlier policy update (2.0 percent) change in case-mix the required quality payments data
$52.39 / 0.95 × 0.975 × 1.02 × 0.9725 $53.34
The payment amounts, using the conversion factor ($53.34), for the updated conversion factor are calculated above computed CY 2010 NRS various severity levels based on the in Table 5b.
TABLE 5B—RELATIVE WEIGHTS FOR THE 6-SEVERITY NRS SYSTEM
Points Relative NRS payment Severity level (scoring) weight amount
1 ...... 0 0.2698 $14.39 2 ...... 1 to 14 0.9742 51.96 3 ...... 15 to 27 2.6712 142.48 4 ...... 28 to 48 3.9686 211.69 5 ...... 49 to 98 6.1198 326.43 6 ...... 99+ 10.5254 561.42
For HHAs that do not submit the amount by 2.5 percent, the final target Finally, we then reduce that adjusted required quality data, we again begin percentage of outlier payments as a payment amount by 2.75, to account for with the CY 2009 NRS conversion percentage of total HH PPS payment. the increase in nominal case-mix. The factor. We first adjust the CY 2009 NRS Next we update by the current CY 2010 final updated CY 2010 NRS conversion conversion factor ($52.39) to adjust for home health market basket update factor for HHAs that do not submit the 5 percent originally set aside for percentage of 2.0 percent minus 2 quality data is shown in Table 6A outlier payments. We then reduce that percent) for a 0.00 percent update. below.
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TABLE 6A—CY 2010 NRS CONVERSION FACTOR FOR HHAS THAT DO NOT SUBMIT THE REQUIRED QUALITY DATA
Multiply by the pro- Adjusted to return the posed home health CY 2010 NRS CY 2009 NRS outlier funds, that paid Adjusted to account market basket update Reduce by 2.75 conversion factor for Conversion Factor for the original 5% for the proposed 2.5% (2.0 percent) minus 2 percent for nominal HHAs that DO NOT target for outlier outlier policy percent for a change in case-mix submit the required payments 0.0 percent update quality data
$52.39 / 0.95 × 0.975 × 1.00 × 0.9725 $52.29
The payment amounts for the various submit quality data, are calculated in severity levels based on the updated Table 6B, below. conversions factor, for HHAs that do not
TABLE 6B—RELATIVE WEIGHTS FOR THE 6–SEVERITY FOR HHAS THAT DO NOT SUBMIT QUALITY DATA
Proposed NRS Severity level Points Relative payment (scoring) weight amount
1 ...... 0 ...... 0.2698 $14.11 2 ...... 1 to 14 ...... 0.9742 50.94 3 ...... 15 to 27 ...... 2.6712 139.68 4 ...... 28 to 48 ...... 3.9686 207.52 5 ...... 49 to 98 ...... 6.1198 320.00 6 ...... 99+ ...... 10.5254 550.37
D. OASIS Issues aware of a proliferation of incidents basis, this commenter suggested that where the HIPPS code submitted to after a delay for systems changes, we 1. HIPPS Code Reporting CMS on the OASIS does not match the allow for testing of individual claim In the proposed rule we clarified our HIPPS code, which is calculated by the edits by generating warning messages. policy regarding the submission of the CMS OASIS submission system. The The commenter suggested this occur Health Insurance Prospective Payment HH PPS Grouper Software, which is during a trial period to give providers System (HIPPS) codes to CMS via used by the CMS OASIS submission time to test out procedures and OASIS. § 484.250 requires HHAs to system in its validation, is the official software. submit to CMS the OASIS data grouping software of the HH PPS, and Other commenters wrote that if we described in § 484.55(b)(1) and thus the HIPPS code produced by the move toward requiring claim-by-claim § 484.55(d)(1) in order for CMS to CMS OASIS submission system is the verification of the HIPPS codes against administer the payment rate HIPPS code that should ultimately be the OASIS data repository, the system methodologies. Also, as described in billed on the claim. Consequently, in should be constructed to avoid delays in § 484.20, HHAs must electronically the interest of accurate coding and payment. One commenter stated that the report all OASIS data collected in billing, we proposed that the HHA be proposed rule wasn’t clear about when accordance with § 484.55 as a condition required to ensure that the HIPPS code the trend toward incorrect HIPPS coding of participation, and HHAs must encode billed on the claim is consistent with began. This commenter wrote that if it and electronically transmit the that which CMS’ OASIS submission began with the 2008 refinement, did we completed OASIS assessment to CMS in system calculated. In the case where the consider factors outside of HHA control, the standard data format as described in Final Validation Report returns to the such as the effect of item M0110, which § 484.20(d). For those OASIS HHA a HIPPS code which is different impacts the HIPPS code. HHAs may not assessments required for payment, the than the HIPPS code submitted to CMS have enough information to answer standard format which is electronically by the HHA on the OASIS, the HHA M0110 at the start of the episode, but transmitted by the HHA to CMS must ensure that the HIPPS code from the FI may automatically change the includes a HIPPS code, generated by the Final Validation report is the HIPPS HIPPS code due to more current grouper software at the HHA. When an code reported on the bill. information related to M0110 in CWF HHA electronically transmits OASIS Comment: Commenters were which was not available to the HHA at assessments to CMS (via the State supportive of our proposal to require start of care. The commenter asks how agency), the CMS OASIS submission that the OASIS HIPPS code match that we will ensure that the HIPPS codes system performs a validation check of on the claim. However, one commenter match in this scenario, and how agency the transmitted OASIS items, including noted that some software cannot oversight would occur. Another the submitted HIPPS code. If the CMS identify claims that need to have the commenter asked what the OASIS submission system validation HIPPS codes reconciled, and suggested consequences would be if a few claims determines that the submitted HIPPS we allow time for vendors to had minor discrepancies, and would code is in error, it informs HHAs of that accommodate, and time for providers to like us to provide additional error via the Final Validation Report develop internal procedures. This information on the implications and which is returned to HHA. The Final commenter also asked that we clarify in consequences of policy statements Validation Report will include the valid, greater detail what is meant by non- regarding the differences in HIPPS CMS OASIS submission system compliance. If the proposal is finalized, generated by OASIS and HIPPS on the calculated HIPPS code. We have become and enforced on an individual claim claim.
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Some commenters expressed concern Final Validation report is the HIPPS cases where OASIS was not completed that some vendor billing software used code reported on the bill. within the 5-day timeframe. The by HHAs is not currently able to commenters noted some exceptions to 2. OASIS Submission as a ‘‘Condition of identify situations where the HIPPS the 5-day timeframe, and that in the Payment’’ code submitted on claims needs to be early years of HH PPS, CMS used Q&As reconciled to the HIPPS code calculated Section 484.20 requires that HHAs and letters to express its intention to by State OASIS systems. The must electronically report to CMS (via refrain from penalizing HHAs that failed commenter requested that CMS allow the State agency or OASIS contractor) to submit OASIS during the 5-day additional time for vendors and HHAs all OASIS data collected in accordance timeframe under certain circumstances. to make changes to their software and with § 484.55 as a condition of In these cases, the commenters wrote that CMS systems generate warning participation. Additionally, § 484.250 that CMS allowed HHAs to either messages during a trial period. requires that HHAs must submit to CMS conduct a comprehensive assessment as Response: HHAs do not necessarily the OASIS data described at soon as possible in the 60 day episode, need to change their software initially in § 484.55(b)(1) and (d)(1) in order for or to determine appropriate OASIS order to comply with this requirement. CMS to administer the payment rate responses required for payment from the If HIPPS codes generated by the HHA’s methodologies. Building on the above clinical record when Medicare is the software do not match the code clarification for HHAs to ensure the payer. Also, when payment-only items calculated by State OASIS systems, the HIPPS code reported on the bill is are collected, HHAs are not to submit HHA currently receives a warning consistent with that which CMS’ OASIS these data to CMS. The commenters message alerting them to this problem. submission system calculated, and in recommended that we amend any HHAs should use these warning order to be consistent with § 484.250, in enforcement to consider that 100 messages as a trigger to correct any the proposed rule, we proposed to percent compliance with the 5-day HIPPS code submitted for payment by require the electronic reporting of timeframe is not always achievable. OASIS to CMS as a condition of either canceling and resubmitting any A different commenter was opposed payment in § 484.210. Currently, as a paid Request for Anticipated Payment to the proposal to require OASIS requirement for pay for reporting, HHAs (RAP) or adjusting any paid claim. Since reporting as a condition for payment, are required to submit quality data (that canceling or adjusting claims are routine noting the exceptions to the 5-day being OASIS data) in order to receive billing processes, we do not believe timeframe because of issues outside of the full home health market basket additional time is necessary to allow the provider’s control. This commenter update to the rates. The burden HHAs to prepare for them. wrote that we should not include associated with the requirement for the timeframes in any submission In the future, enforcement of this HHA to submit the OASIS is currently requirement related to payment and also requirement may be implemented on a accounted for under OMB# 0938–0761. asked that we change enforcement to pre-payment basis. HHAs should seek to Making OASIS submission a condition recognize that 100 percent compliance improve their compliance and their for payment is consistent with both with the 5-day timeframe is not always internal processes now in order to OASIS submissions being a condition of achievable. prepare for any future pre-payment participation and a requirement to Several commenters were concerned requirement. Specific information about receive full market basket updates under about the potential for reinstitution of future enforcement mechanisms will be pay for reporting. collection of all OASIS items for one- provided by Medicare program Comment: Several commenters visit-only cases; currently HHAs limit instructions with sufficient time for supported our proposal to require the OASIS collection to payment-only HHAs to prepare for them. OASIS reporting as a condition of items for one-visit patients. The information that highlighted the payment, calling it an appropriate step One commenter wrote that the current errors in HIPPS code reporting reflected toward ensuring agreement between the OASIS requirements are included only all 2008 claims. However, the HHRG on OASIS and that reported on in the home health CoPs, and is information compared the HIPPS codes the claim. However, these commenters concerned that the proposal would lead the HHA initially submitted on claims were confused because they wrote that to the use of OASIS requirements by with the HIPPS codes calculated by the the proposed regulatory language and Regional Home Health Intermediaries State OASIS system for the same the language in the current regulation (RHHIs), Payment Safeguard Contractors episode. Both the HHA and the State are the same. They also requested that (PSCs), and Recovery Audit Contractors system were using the same M0110 we clarify how the proposed change (RACs) to deny or adjust claims information in their calculations, so would affect current procedures for payment. The commenter wrote that subsequent changes in that information RAPs and claims submissions, saying HHAs are already inundated with State could not affect the results. CMS will that currently HHAs are required to and Federal audits, and that this consider the effect of M0110 have OASIS data ready for transmission proposal would only exacerbate the information in any future enforcement before submitting a RAP, but are not problem. Another asked us to provide mechanism. required to have submitted OASIS. additional information in the As such, in the interest of accurate Additionally, these commenters noted implications and consequences of coding and billing, we are implementing that compliance with 42 CFR policy statements regarding OASIS the provision that the HHA be required 455.55(b)(1) and (d)(1) specifies that being a condition of payment, and asked to ensure that the HIPPS code billed on OASIS data submitted requires what actions would result if an agency the claim is consistent with that which completion of the comprehensive failed to meet the requirement. CMS’ OASIS submission system assessment with OASIS within 5 days Response: We thank the writers for calculated. In the case where the Final after the start of care and during the last their comments. We assure commenters Validation Report returns to the HHA a 5 days of a prior episode for that we have no intention that this HIPPS code which is different than the recertification. The commenter was proposed requirement would have an HIPPS code submitted to CMS by the concerned that the impact of the effect on long-standing direction HHA on the OASIS, the HHA must proposed change could preclude HHAs associated with submitting RAPS, ensure that the HIPPS code from the from receiving Medicare payment in all OASIS completion timeframes, and
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instructions associated with one-visit normally be considered unskilled be Proposed Revision to § 424.22(a)(1)(i) episodes. Rather, we intend that in classified as a skilled nursing service and § 424.22(b)(2) finalizing this policy, providers will given a patient’s unique circumstances. We also proposed to revise ensure that prior to submitting a final This would occur when the patient’s § 424.22(a)(1)(i) and § 424.22(b)(2) to HH PPS episode claim, a provider will underlying condition or complication require a written narrative of clinical have submitted an OASIS, and the required that only a registered nurse justification on the physician HIPPS code on the final HH PPS could ensure that essential non-skilled certification and recertification for the episode claim will be consistent with care was achieving its purpose. targeted condition where the patient’s the HIPPS on the OASIS validation However, any individual service would overall condition supported a finding report. not be deemed a skilled nursing service that recovery and safety could be As such, we are implementing the merely because it was performed by or ensured only if the care was planned, provision to require the submission of under the supervision of a licensed managed, and evaluated by a registered OASIS, for final claims, as a condition nurse. Where a service could be safely nurse. To clarify for home health of payment, and revising § 484.210 and effectively performed (or self agencies what specific circumstances ‘‘Data used for the calculation of the administered) by the average non- would necessitate the involvement of a national prospective 60-day episode medical person without the direct registered nurse in the development, payment’’ to reflect this requirement. supervision of a nurse, the service could management, and evaluation of a E. Qualifications for Coverage as They not be regarded as a skilled service, patient’s care plan when only unskilled Relate to Skilled Services Requirements although a nurse may have actually services were being provided, we provided the service. In the proposed rule, for CY 2010, we proposed additions to the home health proposed to clarify what constitutes Proposed New Paragraph certification content requirements as skilled services in the home health § 409.42(c)(1)(ii) described at § 424.22(a)(i) and setting with the following revisions to recertification content requirements at Additionally, we also proposed a new § 409.42. We proposed to add a § 424.22(b)(2). Specifically, when a § 409.42(c)(1)(ii), which would clarify qualifying instruction to § 409.42(c)(1) patient’s underlying condition or when patient education services as to explain that intermittent skilled complication required exclusively that a described in § 409.33(a)(3) constituted nursing services meeting the criteria for registered nurse ensure that essential skilled services in the home health skilled services and the need for skilled non-skilled care is achieving its setting. Currently § 409.32(a)(3) states services found in § 409.32 (with purpose, and necessitated that a that patient education services are examples in § 409.33 (a) and (b)) are registered nurse be involved in the skilled services if the use of technical or subject to certain limitations in the development, management, and professional personnel is necessary to home health setting. evaluation of a patient’s care plan, we teach patient self-maintenance. proposed to require the physician Proposed New Paragraph However, to address the concerns and include a written narrative on the § 409.42(c)(1)(i) lack of clarity surrounding when certification and recertification We proposed to describe the educational services are skilled services describing the physician’s clinical limitations in two new paragraphs, as described above, we proposed to add justification of this need. § 409.42(c)(1)(i) and § 409.42(c)(1)(ii). In a new paragraph, § 409.42(c)(1)(ii). In Comment: Many commenters § 409.42(c)(1)(i) we proposed that in the the home health setting, skilled appreciated CMS’ clarification of skilled home health setting, management and education services would be deemed to services. However, many opposed CMS’ evaluation of a patient care plan is no longer be needed when it became proposal that a physician include a considered a reasonable and necessary apparent, after a reasonable period of clinical justification on the certification skilled service only when underlying time, that the patient, family, or of need for Medicare’s home health conditions or complications are such caregiver could not or would not be services, in the scenario where a that only a registered nurse can ensure trained. Further teaching and training patient’s need for skilled services is met that essential non-skilled care is would cease to be reasonable and solely because skilled oversight of achieving its purpose. necessary in this case, and would cease unskilled services is required. Further, in § 409.42(c)(1)(i) we also to be considered a skilled service. Commenters urged CMS to reconsider proposed to clarify that to be considered Notwithstanding that the teaching or this requirement, stating that such a a skilled service, the complexity of the training was unsuccessful, the services requirement would be too burdensome necessary unskilled services that are a for teaching and training would be for physicians to include on the necessary part of the medical treatment considered to be reasonable and certification, would be too burdensome must require the involvement of necessary prior to the point that it for agencies to administer, and would licensed nurses to promote the patient’s became apparent that the teaching or result in fewer patients being referred to recovery and medical safety in view of training was unsuccessful, as long as home health. Some commenters stated the overall condition. Where nursing such services were appropriate to the that the need for skilled oversight of visits are not needed to observe and patient’s illness, functional loss, or unskilled services is a determination assess the effects of the nonskilled injury. that the home health nurse makes at the services being provided to treat the Proposed Change to § 409.44(b) initial eligibility assessment, and that illness or injury, skilled nursing care this need is better understood by the would not be considered reasonable and We proposed to revise the nurse than it would be by the certifying necessary, and the management and introductory material at § 409.44(b)(1), physician. Further, commenters stated evaluation of the care plan would not be to refer to the newly proposed that this requirement would muddy considered a skilled service. limitations of skilled services in the issues of nursing practice by requiring Additionally, we proposed to further home health benefit at § 409.42(c)(1)(i) more physician orders for established clarify in § 409.42(c)(1)(i) that in some and 409.42(c)(1)(ii). The clauses under areas of nursing practice. Other cases, the condition of the patient may the revised paragraphs (i) through (iv) commenters expanded on this concern, require that a service that would would remain unchanged. stating that by requiring the physician to
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clinically justify the need for skilled does not have a comparable narrative essential and important role that skilled oversight of unskilled services, CMS requirement. Therefore, should an nurses play in the assessment of a home was diminishing the role and agency believe that the payer source for health patient’s needs. While the home responsibility of the home health nurse a patient is Medicaid, it would not health nurse is responsible for initiating, to makes such an assessment. Some obtain the narrative from the physician. managing and evaluating the resources commenters recommended that CMS If later the agency determines that needed to promote the Medicare home instead provide education to providers Medicare should be the payer for the health patient’s optimal level of well- regarding when evaluation and services rendered to such a patient, the being, this does not diminish the management of unskilled services is agency would not be able to satisfy this responsibility of the physician to ensure appropriate. Another commenter narrative requirement. that the unique condition of the patient suggested that we develop a national Response: We thank the writers for warrants the need for Medicare’s home coverage determination (NCD) to their comments. However, we continue health benefit. The physician is address our concerns. Commenters to believe that requiring a physician to currently responsible to carefully complete a clinical justification on the described the challenges that home synthesize data regarding the patient’s certification in this targeted scenario health agencies currently face in getting condition and assess whether this addresses a specific program the physician to sign orders and plans patient’s unique condition requires of care, fearing that this additional vulnerability which has been identified by our Medicare contractors, and is a Medicare’s home health services. The physician documentation requirement physician is accountable for the could result in physicians not certifying first step in addressing vulnerabilities identified by the Office of Inspector accuracy of the certification of need for patients for Medicare’s home health General (OIG). We also believe that this home health services. We agree with the benefit, ultimately resulting in access to requirement will result in a minimal commenter that providing the physician care issues for patients. Other burden on the physician, and minimal with a list of patients’ home health commenters stated that this requirement costs to the HHA, given that this services provided may be useful. would have no positive effect; because requirement applies only to the small Similarly, we agree with the commenter so few patients meet the skilled percentage of patients who require only that inclusion of a clinical justification requirement based solely on this need, skilled oversight of unskilled care. The on the plan of care is a good idea, and the narrative requirement would not brief narrative should be a simple task that a clear physician order for this enhance program integrity efforts. for the physician because of the service should be present. We also agree Commenters contended that the physician’s responsibility for the that the OASIS process measures will requirement would increase HHA costs, clinical determination of the patient’s more actively involve the physician in since HHAs would need to track the skilled need as part of the certification some aspects of patient care. Additional physician’s compliance. One or recertification requirement. provider education associated with commenter suggested that we instead We remind commenters that a management and evaluation is provide the patient’s certifying physician must certify that home health something that CMS will consider physician with a list of services services are required because the providing. However, we do not believe provided to the patient to achieve more individual patient needs skilled nursing that an NCD is appropriate in this physician involvement with the home care on an intermittent basis, or scenario because skilled services are health patient. Another commenter physical or speech therapy, or covered under the home health benefit, suggested instead of requiring a continued occupational therapy in order physician narrative in this scenario, we and appropriate use of management and for a patient to be eligible for the evaluation management of the plan of instead require that the plan of care benefit. We are concerned that many contain a clinical justification for the care is a skilled service. Regardless, commenters state that a physician’s none of these suggestions would replace skilled oversight. Other commenters involvement in this scenario is stated that a narrative requirement is not the physician’s accountability negligible; that the physician relies associated with the certification and the way to achieve more physician solely on the home health nurse’s recertification of need for Medicare’s involvement and another commenter determination when certifying the need home health benefit, nor would these stated that a narrative requirement for the Medicare home health benefit. suggestions address the program would take away from the time a We remind commenters that the physician spends with the patient. physician has always been responsible vulnerability associated with this Instead, CMS should look to new for certifying that the unique condition specific category of home health patient. OASIS–C process measures which of the patient warrants eligibility for And, because the physician’s would require the home health agency Medicare’s home health benefit. A home certification and recertification of the to contact the physician more health agency’s recommendation alone need for Medicare’s home health benefit frequently. Another commenter is not sufficient for a physician to certify is fundamental to eligibility, we suggested that we instead require a clear the need for the benefit. While our disagree with the commenter that this order from the physician for regulations have always required the provision would be more appropriately management and evaluation of the plan physician to review the individual addressed in the physician fee schedule of care. Another commenter stated that patient’s needs and unique clinical rule. Regarding the commenter’s this narrative requirement more condition as part of the certification and suggestion that we hold the physician appropriately belongs in the physician recertification requirement, we believe accountable for complying with this fee schedule rule, while another the commenters are often correct that requirement, we continue to believe that commenter stated that should CMS the physician may rely too heavily on each agency is responsible for ensuring finalize this requirement, we place the the home health staff for the that the certification and recertification burden of compliance on the physician. determination of skilled need for requirements are met, but we also Finally, a commenter stated this Medicare’s home health benefit. reiterate the physician’s accountability requirement is especially problematic We also would like to assure nurses associated with the certification and for dual eligible home health patients. that this requirement is not an attempt recertification, as they are part of the The commenter asserted that Medicaid by CMS to diminish in any way the medical record.
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Therefore, we are finalizing the we would encourage agencies to ensure from home health coverage. We also following policy: When a patient’s that all Medicare criteria are met if the note that personal care and some underlying condition or complication agency believes that Medicare may be incidental services can be provided in requires that a registered nurse ensures the appropriate payer for a patient. the course of a covered Medicare home that essential non-skilled care is We believe that these requirements health visit. 42 CFR 409.45(b) defines achieving its purpose, and necessitates regarding the certification and what constitutes a home health aide a registered nurse be involved in the recertification are a first step in ensuring visit. This section explains that the development, management and that only home-health eligible patients reason for the aide visit must be to evaluation of a patient’s care plan, we receive the benefit. We disagree with the provide hands-on personal care to the will require that the physician include commenter who suggested we include beneficiary or services that are needed a written narrative on the certification an illustrative example of narrative to facilitate treatment of the and recertification describing the language, since the intent of the beneficiary’s illness or injury. Please physician’s clinical justification of this narrative is to capture the physician’s note 42 CFR 409.45(b)(1)(i) provides need. synthesis of each patient’s unique examples of covered personal care and Comment: Some commenters conditions. 42 CFR 409.45(b)(4) permits an aide to encouraged CMS to allow the narrative We are modifying our original perform services incidental to a covered to be submitted as an attachment. These proposal in that we will allow the visit. These incidental services may commenters believe that home health narrative to either be part of the include changing bed linens, personal agencies and physicians which have certification and recertification forms, or laundry, or preparing a light meal. electronic medical records should not to be an addendum to the certification Therefore, a home health aide may be forced to include the narrative on the and recertification forms which is perform some incidental services which certification and recertification forms. electronically or hand signed by the do not meet the definition of a home Some commenters stated that CMS physician. If the narrative is part of the health aide service (light cleaning, should provide examples to help home certification or recertification form, then preparation of a meal, taking out the health agencies and physicians the narrative must be located trash, shopping, etc.). However, the understand the scope of acceptable immediately prior to the physician’s purpose of a home health aide visit may responses. Another commenter stated signature. If the narrative exists as an not be to provide these incidental that the requirement would be addendum to the certification or services since they are not health- meaningless since there are no specific recertification form, in addition to the related services, but rather are necessary guidelines for the content of the physician’s signature on the household tasks that must be performed statement, and there would be no way certification or recertification form, the by anyone to maintain a home. It is to determine that the narrative is physician must also sign immediately important to note that to be considered completed. Similarly, a commenter following the narrative in the a covered Medicare home health visit, stated that if physicians were required addendum. The narrative must reflect the purpose of the home health visit to include a clinical justification the patient’s individual clinical cannot be to provide the ‘‘incidental or narrative on the certification, the circumstances. custodial’’ services. narrative would be simply a restatement Comment: A commenter stated that Comment: A few commenters of the nurse’s justification, or it would CMS should issue specific Medicare supported the proposed narrative be a prefabricated statement. coverage guidelines that clearly requirement. One commenter Response: Our intent is for the differentiate non-covered custodial or recommended that we require the physician to justify his or her medically unnecessary care under narrative for ALL home health episodes, certification of skilled need in the Medicare home health from covered regardless of services ordered, stating scenario where only unskilled services rehabilitative, acute or curative care. that this would be encourage more are being provided. We understand that Response: We thank the commenter physician involvement with the home many physicians would prefer to dictate for the suggestion. We believe that the health patient. rather than hand-write their clinical commenter is asking CMS to expand our Response: The commenter has findings, and we agree with commenters skilled services clarification to better correctly interpreted our interest in who stated that we should take into clarify CMS’ definition of custodial care. enhancing physician accountability and account that some providers have We believe that this is outside of the involvement with the home health electronic health record systems and scope of that which we solicited patient. However, at this time we are may more easily produce an addendum comments, which was to clarify CMS’ proposing to require the narrative for containing the clinical justification. regulations concerning skilled services only one targeted nursing service. Therefore, we have decided that a typed in the home health setting. However, we Program vulnerability has been addendum containing the narrative will briefly address this as it is a related identified in this scenario, because the which is electronically or hand signed topic. Custodial care is not considered patient is receiving only unskilled by the physician would be acceptable. skilled care. We suggest the commenter services, which would normally not We also appreciate the commenter’s refer to regulations at 42 CFR 409.45(b) result in eligibility to Medicare’s home concern that a home health nurse may and 42 CFR 409.49(d) for some health benefit. Therefore, we believe it compose the narrative for the physician clarification regarding custodial care in is prudent to require the physician to and that we should clarify the criteria the home health setting. We suggest the provide this clinical justification of why associated with the narrative commenter refer to regulations at 42 a patient’s condition would require requirement. We expect that the CFR 409.49(d) where we specifically skilled nursing management and narrative must be composed by the stipulate the exclusion of housekeeping evaluation (M&E) of the patient’s care physician performing the certification or services from home health services, and plan. recertification and not by other home also stipulate that services whose sole Comment: A commenter health personnel. Regarding the purpose is to enable the beneficiary to recommended that CMS reconsider the commenter’s concern associated with continue residing in his or her home (for restrictive interpretation of skilled dual eligible patients, especially given example, cooking shopping, Meals on oversight of the plan of care (POC). that Medicaid is the payer of last resort, Wheels, cleaning, laundry) are excluded Providers are often compelled to
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discharge patients from Medicare based covered home health services (except that essential non-skilled care is on a very limited interpretation of durable medical equipment) either achieving its purpose.’’ skilled oversight when it is apparent directly or under arrangement while a Comment: One commenter stated that that the patient is in advanced stages of patient is under a home health plan of additional physician visits, phone calls, chronic illness and will likely relapse care. or paying more for oversight is unlikely once nursing oversight is discontinued. Comment: A commenter stated that to produce meaningful genuine Such patients may become stable for the revisions proposed by CMS will physician involvement. These proposals several weeks and under the policy make it more difficult for Medicare do not address the fundamental problem above would be considered non-covered patients to obtain skilled nursing of too little physician time to fully and discharged from Medicare home management and evaluation of the care support the patient at home. Additional health. Patient outcomes could be plan. The commenter also stated that requirements are likely to produce improved if such patients were offered the requirement places an unrealistic paper or rote compliance at best and at continuing care coordination during expectation on a patient or caregiver to worst will discourage some physicians periods of stability. The commenter gauge effectively whether non-skilled from referring appropriate patients to suggested we modify coverage care is achieving its purpose, that CMS homecare. Another commenter stated guidelines to allow home healthcare to wrongly hinges coverage on the that the best approach to involving continue for observation and monitoring complexity of unskilled services, and physicians in homecare rests in new of a plan of care through periods of provides no clear guidance for how to models of chronic care management that relative stability if the patient is in determine complexity. The commenter integrate primary care practice that are advanced stages of chronic illness and further states that the proposed committed to home-based care with likely to deteriorate without skilled clarifications add confusion to the HHAs into a single, consolidated care. current standard. chronic care service. Response: We thank the writer for this Response: We disagree with the Response: We are grateful for the perspective. However, we are not commenter’s statement that the comments. We will consider the excluding beneficiaries in advanced revisions to the skilled nursing suggestions regarding innovative stages of chronic illness from qualifying management and evaluation of the care approaches to increasing physician for this service. When a chronically ill plan will make it more difficult for involvement in the plan of care in future patient with an underlying condition or Medicare patients to obtain this skilled rulemaking. However, we again remind complication requires skilled nursing service. We also point out that we commenters that by signing the personnel to manage the plan of care would expect the home health agency certification and recertification, the then this service is indeed indicated rather than the patient or caregiver to physician is accountable for attesting until the treatment regimen has gauge the effectiveness of the services that the beneficiary is in need of essentially stabilized. If the combination being provided. As we stated earlier, the Medicare’s home health services, and of the patient’s underlying condition, proposed regulation changes reflect that the certification and recertification age and immobility creates a high long-standing manual guidance. We also are part of the patient’s medical record. potential for serious complications believe that the commenter’s concern And, Medicare reimburses physicians which require that only a registered about no clear guidance to assess the for their work associated with the nurse can ensure that essential non- complexity of the unskilled services certification, recertification and plan of skilled care is achieving its purpose further reveals the need for the care oversight. then the patient is indeed eligible for certifying physician to clearly describe Comment: Some commenters this service. However when the patient’s what unique aspect about the patient’s expressed concerns with CMS’ treatment regimen is essentially condition would require skilled clarification which described that stabilized and skilled nursing visits are management and evaluation of these skilled education services would be not necessary to manage and supervise unskilled services. However, we deemed to be no longer needed when it the home health aide the patient will understand the commenter’s concern. became apparent, after a reasonable not require this type of care and does The proposed regulation text stated, period of time, that the patient, family not meet the definition of needing a ‘‘ * * * in the home health setting, member or caregiver could not or would skilled service for purposes of Medicare management and evaluation of a patient not be trained. Some commenters asked home health eligibility, per sections care plan is considered a reasonable and that CMS better clarify timeframes that 1814(a)(2)(C) and 1835(a)(2)(A) of the necessary skilled service only when would be appropriate for these skilled Social Security Act. underlying conditions or complications training services. Other commenters Comment: A commenter urged CMS are such that only a registered nurse can stated that unless CMS defines what is to undertake a similar initiative to set ensure that essential non-skilled care is a ‘‘reasonable period of time’’, the out coverage conditions for therapy achieving its purpose.’’ (Emphasis clarification isn’t helpful. Other services in the home health regulations. added.) commenters stated that when a patient Response: In response to a For better consistency with long or caregiver appears incapable of commenter’s request for CMS to provide standing manual guidance, we will learning, more training would be clarification of coverage of therapy remove the word ‘‘only’’ after justified. Another commenter suggested services we are referring the commenter ‘‘reasonable and necessary skilled that instead of clarifying this in to the following existing section of the services * * *’’. The modified regulation, we should increase the Code of Federal Regulation, 42 CFR regulation text is more consistent with educational and outreach efforts of our 409.44(c). We believe that this section long standing manual guidance. The contractors. adequately sets out the circumstances finalized regulation text reads, ‘‘* * * Response: This regulation under which therapy services are in the home health setting, management clarification codifies long-standing covered. However, we thank the and evaluation of a patient care plan is guidance which has been present in commenter for this opportunity to considered a reasonable and necessary Medicare’s Benefit Policy Manual. We remind HHAs of their ongoing skilled service when underlying believe it inappropriate to assign responsibility to evaluate the patient’s conditions or complications are such specific timeframes for patient need for therapy and provide all that only a registered nurse can ensure education services because the length of
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time a patient or family or caregiver appeared in 42 CFR part 484 subpart E G. Payment Safeguards for Home Health needs should be determined by at § 484.55(d)(1)(ii). The significant Agencies assessing each patient’s individual change in condition (SCIC), as it relates condition and other pertinent factors to new case-mix assignments affecting In the Medicare Program; Home such as the skill required to teach the payment, was an element of the HH PPS Health Prospective Payment System activity and the unique abilities of the at the time of its first implementation in Rate Update for Calendar Year 2010, we patient. It is important to know that fiscal year 2000. However, as part of the also proposed several payment teaching activities must be related to the HH PPS payment refinements safeguard provisions designed to: (1) patient’s functional loss, illness, or implemented in CY 2008, we eliminated Improve our ability to verify that home injury. However, we disagree with the the SCIC policy, and the assignment of health agencies (HHAs) meet minimum commenter who suggested that when a subsequent case-mix assignments under enrollment criteria; (2) ensure that patient or caregiver is incapable of the HH PPS. However, it should be HHAs that are changing ownership meet learning that more education is needed. noted that it was not the SCIC payment and continue to meet the Conditions of Medicare’s home health benefit is not policy that required the HHA to perform Participation for HHAs found in 42 CFR intended to provide training and the assessment, but rather the part 484; and (3) improve the quality of education to patients, families, significant change in the patient’s care that Medicare beneficiaries receive caregivers for an infinite period of time. condition. In the proposed rule we did from HHAs. To summarize, we are finalizing a not propose to change that requirement. 1. Program Integrity Concerns Involving number of provisions as they relate to A HHA would still be required to HHAs skilled services in the home health perform an assessment in the event that setting. Specifically, we are clarifying a patient experienced a significant We stated in the proposed rule that what constitutes skilled services in the change in condition. The proposed the fraudulent business practices of home health setting with the following modification is only that a new case-mix certain HHAs continue to cost the revisions to § 409.42. We are adding a assignment is no longer associated with Medicare program millions of dollars qualifying instruction to § 409.42(c)(1) this assessment. nationwide. This issue was discussed in to explain that intermittent skilled In addition, we proposed to revise a recent report issued by the nursing services meeting the criteria for § 484.250 to delete an obsolete reference Government Accountability Office skilled services and the need for skilled to § 484.237. Section 484.237 referred to (GAO) entitled ‘‘Improvements Needed services found in § 409.32 (with the SCIC payment policy and was to Address Improper Payments in Home examples in § 409.33 (a) and (b)) are removed in the CY 2008 HH PPS final Health’’ (GAO–09–185). This report subject to certain limitations in the rule (72 FR 49879). stated that, nationwide, ‘‘spending on home health setting. Comment: A commenter wrote that the Medicare home health benefit grew We are revising the introductory since there is no additional payment for about 44 percent from 2002 through material at § 409.44(b)(1), to refer to the SCICs, there is no incentive for HHAs to 2006, despite an increase of just less new limitations of skilled services in the do additional, time-consuming, and than 17 percent in the number of home health benefit at § 409.42(c)(1)(i) costly OASIS assessments. This beneficiaries using the benefit during and § 409.42(c)(1)(ii). The clauses under commenter stated she disagreed with that 5-year period.’’ It also stated the revised paragraphs (i) through (iv) this requirement, and suggested that if discrepancies in a number of States will remain unchanged. we wanted this additional assessment, between the number of HHAs that billed We are also revising § 424.22(a)(1)(i) we should increase reimbursement for Medicare and the increase in the and § 424.22(b)(2) to require a written it. number of Part A beneficiaries. For narrative of clinical justification on the Response: We believe the commenter instance, between 2002 and 2006, the physician certification and has misunderstood the text of the number of HHAs that billed Medicare recertification for the targeted condition proposed rule. As noted in the proposed rose in Florida by 100 percent, in where the patient’s overall condition rule, we eliminated the SCIC payment Michigan by 62 percent, in Illinois by 59 supports a finding that recovery and policy and the assignment of subsequent percent, in Ohio by 42 percent, in safety could be ensured only if the care case-mix assignments under the HH PPS Arizona by 32 percent, and in the was planned, managed, and evaluated in our 2007 (CY 2008) final rule. District of Columbia by 67 percent. by a registered nurse. To clarify for However it was not the SCIC payment However, the GAO reported, the home health agencies what specific policy that required the HHA to perform increases in the number of Part A circumstances would necessitate the the assessment, but rather the beneficiaries who used HHA services in involvement of a registered nurse in the significant change in the patient’s these six jurisdictions were as follows: development, management, and condition. We did not propose any Florida—28 percent; Michigan—19 evaluation of a patient’s care plan when changes this requirement. The proposed percent; Illinois—23 percent; Ohio—14 only unskilled services are being modification was only that a new case- percent; Arizona—4 percent; and the provided, we are finalizing additions to mix assignment is no longer associated District of Columbia—2 percent. the home health certification content with this assessment. Therefore there requirements as described at was no proposal for any additional The disparity in many jurisdictions § 424.22(a)(i) and recertification content assessments beyond those that have between the increase in the number of requirements at § 424.22(b)(2). been requirements for some time now. HHAs and the rise in the number of We are finalizing the provision to beneficiaries is so overwhelming that it F. OASIS for Significant Change in remove an obsolete reference to ‘‘new cannot be attributed solely to an aging Condition: No Longer Associated With case-mix assignments’’ as a result of populace. The fact that, as shown above, Payment significant changes in a patient’s between 2002 and 2006, the number of In the CY 2010 proposed rule we condition that appeared in 42 CFR part HHAs in Arizona rose at a rate 8 times proposed to remove an obsolete 484 subpart E at § 484.55(d)(1)(ii). We greater than the number of Part A reference to ‘‘new case-mix are also finalizing the provision to beneficiaries that use HHA services and assignments’’ as a result of significant revise § 484.250 to delete an obsolete that the rate was an astounding 33 times changes in a patient’s condition that reference to § 484.237. greater in Washington, DC must raise
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serious questions as to the legitimacy of the proposed rule, in Los Angeles billing privileges are deactivated under some of these entities. County in California, the amount of the provisions found at 42 CFR As explained in the preamble to the money for which HHAs in that county 424.540(a) must obtain an initial State proposed rule, the GAO report also billed Medicare between Fiscal Years survey or accreditation by an approved outlined a number of instances of 2003 and 2006 rose from $569 million accreditation organization before its allegedly fraudulent activities on the to $921 million, an increase of 62 Medicare billing privileges can be part of HHAs. In a particularly glaring percent, and one that was not reactivated. example in Houston, Texas, the GAO accompanied by a similar increase in • In § 424.550(b)(1), we proposed to noted the following: ‘‘One PSC (Program the county’s Medicare beneficiary require that if the owner of a home Safeguard Contractor) interviewed 670 population. There has also been an health agency sells (including asset Houston beneficiaries who had the most abnormal proliferation of HHAs in sales or stock transfers), transfers or severe clinical rating and who were California as a whole. Between October relinquishes ownership of the HHA patients of HHAs identified by the PSC 2002 and May 2007, the number of within 36 months after the effective date as having aberrant billing patterns. The HHAs in the State rose by 25 percent— of the HHA’s enrollment in Medicare, PSC found 91 percent of claims for these again, without a concomitant upswing the provider agreement and Medicare beneficiaries to be in error. Nearly 50 in the number of Medicare beneficiaries billing privileges do not convey to the percent of the beneficiaries were not in California, all of which suggested that new owner. homebound and therefore were not there may also be an increase in • In § 424.550(b)(1)(i), we proposed eligible to receive any Medicare home improper billing. Moreover, we have that in the situation described in health services. The investigators also seen instances—notably, though not proposed § 424.550(b)(1), the found that while 39 percent of the exclusively, in South Florida and prospective owner of the HHA must beneficiaries they interviewed were Texas—in which specific HHAs have instead enroll in the Medicare program eligible for the benefit, their clinical changed ownership on a frequent basis. as a new HHA under the provisions of severity had been exaggerated. The PSC The new owners, however, have been § 424.510. • concluded that only 9 percent of claims mere nominal figures. In § 424.550(b)(1)(ii), we proposed for the 670 beneficiaries were properly We also stated in the proposed rule that in the situation described in coded. In addition, the PSC found that that the problems we identified have proposed § 424.550(b)(1), the other home health beneficiaries it been seen with HHAs on a far greater prospective owner of the HHA must interviewed were not homebound; for scale than with any other type of obtain a State survey or an accreditation instance, some were mowing their certified provider. The dramatic rise in from an approved accreditation lawns when investigators came to the number of HHAs in relation to the organization. • interview them.’’ increase in Medicare beneficiaries has In § 489.12(a)(5), we proposed that In its report, the GAO also cited a not been duplicated by any other CMS deny a provider agreement to a number of court cases and actions of the certified provider types. prospective HHA that is determined to Office of Inspector General (OIG) that be sharing, leasing, or subleasing its resulted in the criminal convictions of 2. Provisions of the Proposed Regulation practice location or base of operations or settlements with owners of various We proposed the following payment identified in section 4 of its Medicare HHAs. In one 2007 case, the owner of safeguard provisions: provider enrollment application with or a Louisiana HHA was convicted of • In § 424.530(a)(8), we proposed to to another Medicare enrolled HHA or defrauding Medicare over a 5-year deny Medicare billing privileges to a supplier in violation of the HHA space period and was ordered to pay more prospective HHA if the HHA is sharing prohibition set forth in than $4.6 million in damages. In 2004, determined, under proposed 42 CFR proposed § 489.19. the owner of the two largest HHAs in 489.19, to be sharing, leasing, or • In § 489.19(a), we proposed that an California pled guilty to defrauding the subleasing its practice location or base HHA be prohibited from sharing its Medicare program of approximately $40 of operations identified in section 4 of practice location or base of operations million and filing false tax return to its Medicare provider enrollment identified in section 4 of its Medicare conceal the income. In 2008, an HHA in application with or to another Medicare- provider enrollment application with Florida, pursuant to an OIG settlement, enrolled HHA or supplier. another Medicare-enrolled HHA or agreed to pay $178,000 to settle a case • In § 424.535(a)(11), we proposed to supplier. in which it was alleged that the provider revoke the Medicare billing privileges of • In § 489.19(b), we proposed that an paid kickbacks for beneficiary referrals. an HHA that is determined, under HHA be prohibited from leasing or In another OIG settlement, this time in proposed 42 CFR 489.19, to be sharing, subleasing its practice location or base 2005, a Pennsylvania HHA agreed to leasing, or subleasing its practice of operations identified in section 4 of pay $300,000 to settle a case in which location or base of operations identified its Medicare provider enrollment it was alleged to have paid kickbacks in section 4 of its Medicare provider application with another Medicare- under Medicare. enrollment application with or to enrolled HHA or supplier. In light of all this, the GAO another Medicare-enrolled HHA or We also solicited comments on concluded, in part, that ‘‘In the absence supplier. whether there were legitimate business of greater prevention, detection, and • In § 424.540(b)(3), we proposed to reasons for a Medicare-enrolled HHA to enforcement efforts, the Medicare home exclude home health agencies from the share space with another Medicare- health benefit will continue to be a existing language in § 424.540(b)(3), enrolled HHA or supplier when there is ready target for fraud and abuse.’’ More which states that the reactivation of common ownership. Likewise, we specifically, it stated that ‘‘gaps in Medicare billing privileges does not solicited comments on whether there screening potential and current HHAs require a new certification of the were legitimate business reasons for a may allow problem providers to enter provider or supplier by the State survey Medicare-enrolled HHA to be co-located and remain in the Medicare program.’’ agency or the establishment of a new with another Medicare-enrolled HHA or The problem of fraudulent activity provider agreement. supplier when there was no common has been especially acute in the States • In § 424.540(b)(3)(i), we proposed to ownership. Finally, we solicited of Texas and California. As we stated in require that an HHA whose Medicare comments on whether there were
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legitimate business reasons for a State and furnishes services to Medicare provider numbers because the States Medicare-enrolled HHA to engage in beneficiaries in another State. We are that they served have decided not to leasing or subleasing arrangements with also concerned about the HHAs that establish reciprocity agreements with a Medicare-enrolled supplier when have merged or consolidated their bordering States. there was common ownership. operations into a single practice Response: As stated above, based on location, but continue to operate as these and other comments received 3. Analysis of and Responses to Public distinct entities. regarding proposed § 489.19(a), we have Comments As indicated in the preamble, having decided not to finalize this provision in We received approximately 20 timely multiple HHAs at a single site makes it the final rule. public comments in response to the extremely difficult to determine which Comment: Several commenters stated proposed payment safeguard rule. The HHA is in operation at a given time, that, under proposed 42 CFR following is a summary of the comments which HHA has actual control over § 489.19(a), a hospital-based HHA received and our responses: certain aspects of the practice location, would not be able to share space with a. Sharing and Leasing of Space etc. If an HHA thus does not have a a DMEPOS supplier that is also owned valid practice location, it is considered and operated by the hospital. The Comment: Several commenters to be non-operational and, by extension, commenter suggests that such opposed the space-sharing provision in out of compliance with the HHA arrangements pose little risk to the proposed 42 CFR 489.19(a). These conditions of participation and with 42 Medicare program. commenters contend that this provision CFR 424.510(a)(6). If the HHA thereafter Response: As stated above, we have could preclude arrangements in which bills for services out of that non- decided not to finalize proposed an HHA also provides unrelated operational site, it does so § 489.19(a) in the final rule. services from a single location, for inappropriately. Comment: One commenter urged example, influenza vaccine clinics Comment: Several commenters stated CMS to identify more effective ways to under a supplier number; outpatient that the ability of HHAs to share a identify the few fraudulent providers therapy services under Medicare Part B; practice location and centralized back and suppliers that apply for multiple preventive nutrition services; hospice office operations with other HHAs—or Medicare numbers for the same services; DME; and infusion supplies other Medicare providers and location. The commenter believed that and services. One commenter stated that suppliers—improves efficiency and CMS should establish a vetting process many health systems operate out of a helps to keep down the costs associated rather than the blanket denial of co- single practice location in the provision with these operations by reducing rent locations. By the same token, this of a broad array of items and services. and enabling the sharing of, for vetting process must do more than allow Another commenter, too, stated that instance, billing staff and computer use of the same address with separate corporations often operate multiple systems. One commenter added that suite numbers, as that would not be a provider and supplier types out of the such co-located entities allocate costs sufficient deterrent to fraudulent same location; an HHA, for instance, separately to each provider and supplier providers. might operate a DMEPOS supplier and in the same way that hospitals do for Response: As stated above, we have a hospice out of the same site. Another their departments. Several other decided not to finalize proposed commenter noted that arrangements in commenters stated that to require these § 489.19(a) in the final rule. which an HHA, hospice and DMEPOS HHAs and suppliers to move to separate Comment: Several commenters urged share a common location would be locations if proposed 42 CFR 489.19(a) CMS to refine its proposed 42 CFR known to CMS via the respective were finalized, would be unduly 489.19(a) to allow HHAs to share a providers’/suppliers’ completion of the burdensome and costly to them; it practice location with other licensed applicable CMS–855 application, which would, for instance, require each and certified entities to use a shared already enables CMS to monitor such formerly co-located provider or supplier practice location as long as the co- arrangements closely; the commenter to have separate staffs and computer location arrangement is not used or has added that neither CMS nor the OIG has systems. not been used for fraudulent or abusive demonstrated a compelling basis to Response: Based on these and other purposes. disrupt such arrangements if they are comments received regarding proposed Response: As stated above, we have currently in compliance. Yet another § 489.19(a), we have decided not to decided not to finalize proposed commenter noted that a number of finalize this provision in the final rule. § 489.19(a) in the final rule. HHAs are commonly owned and Comment: One commenter stated that Comment: One commenter urged operated as a result of organizational having a shared practice location for CMS to eliminate its proposal in 42 CFR mergers and are involved in completely various providers and suppliers is a 424.535(a)(11) to allow contractors to legitimate arrangements; the commenter normal, cost-efficient method of health revoke the Medicare billing privileges of did not understand why such care delivery without any program an HHA on the grounds that it shares a arrangements should be disrupted. integrity concerns. The only reason practice location with another entity Response: Based on these and other these shared practice locations have that is a Medicare-certified HHA. The comments received regarding proposed more than one provider or supplier commenter also stated that due process § 489.19(a) and our concern that a number is that Medicare operates an procedures should be used in instances broad-based prohibition on co-location enrollment system that requires separate where an existing HHA is discovered to policy may negativity impact the health numbers. In this same vein, another share a practice location with another care delivery for some services, we have commenter stated that a centrally HHA or supplier, and that it would be decided not to include this provision in located organization has been forced to unreasonable to revoke the HHA’s the final rule. However, we continue to obtain several provider numbers in billing privileges on that ground if there have concerns about these arrangements order to cover its entire service area. In is no concern about fraud or abuse by and will consider our administrative other cases, the commenter, added, the organization. remedies to address our concerns. We HHAs that deliver services across State Response: As stated above, we have are especially concerned about an HHA lines (for decades, in some cases) are decided not to finalize proposed that maintains a practice location in one currently forced to obtain separate § 489.19(a) in the final rule.
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Comment: Several commenters stated clearly identify which agency is under environment, an owner—in selling its that HHAs should be able to share review. HHA for entirely legitimate reasons— practice locations with other HHAs and Response: While we appreciate the should be able to recoup its investment. suppliers if there is common ownership commenter’s support, we have decided Response: We do not believe that a involved. not to finalize proposed § 489.19(a) in hardship exemption should be Response: As previously stated, we the final rule. established, nor do we believe that the three-year period should be reduced. As have decided not to finalize proposed b. Change of Ownership Provisions § 489.19(a) in the final rule. previously stated, the purpose of this Comment: Several commenters Comment: Several commenters agreed requirement is to ensure that HHAs that requested that CMS clarify the specific with our proposal to prohibit the are sold remain in compliance with situations in which an HHA may be co- conveyance of a provider agreement to Medicare’s conditions of participation. located with another entity. Another the new owner of an HHA if the change We stress that 42 CFR 424.550(b)(1) in commenter stated that the space-sharing of ownership takes place within 36 no way prohibits an owner from selling prohibition smacked of too much months of the HHA’s enrollment in its HHA. It merely requires that the government interference into how HHAs Medicare. One commenter noted that HHA enroll as a new provider, undergo do business and would do nothing for the proposal would: (1) Eliminate a State survey or accreditation, and sign patient care. situations in which HHAs are a new provider agreement prior to being Response: As stated above, we have established for the purpose of being sold able to bill Medicare for services once decided not to finalize proposed to persons or entities that will again. § 489.19(a) in the final rule. ultimately be the operator, and (2) Comment: Several commenters Comment: One commenter disagreed ensure that persons who will operating requested that CMS reduce the 3-year with our prohibition on leasing HHAs have an understanding of the period to 12 months under 42 CFR arrangements in proposed § 489.19(b). business requirements before receiving a 424.550(b)(1) so as not to unduly The commenter contended that there are provider agreement. prohibit legitimate sales of HHAs. One a variety of services that one agency Response: We appreciate the support such commenter added that agencies may not be equipped to handle and of these commenters. that undergo changes of ownership that must rely on relationships with other Comment: One commenter supported occur within 1 year fit the CMS vendors to meet the full needs of their our proposed change of ownership description of ‘‘turn-key’’ operation. patients. The proposed prohibition provision, acknowledging our concerns Response: We do not believe that a could, therefore, hinder beneficiary about turn-key sales of new HHAs change in proposed 42 CFR access to required services. where there is no assurance that the 424.550(b)(1) is warranted. We continue Response: Based on these and other buyer can maintain compliance with the to believe that a 3-year period is comments received regarding proposed conditions of participation. appropriate. We believe that this change § 489.19(b), we have decided not to Response: We agree with this will help to ensure that individuals finalize this provision in the final rule. commenter. establishing a HHA are doing so with a Comment: One commenter agreed Comment: One commenter suggested long-term view of furnishing services, with our proposal to prohibit an HHA that CMS allow transactions involving rather than establishing a business for from sharing space with another HHA, sales and transfers of ownership of the purpose of selling it a short time stating that this practice raises questions HHAs currently enrolled in Medicare later. In addition, we believe that this as to the viability and legitimacy of the for less than 3 years that are in process time-frame will allow CMS to assess HHA and could confuse surveyors by as of January 1, 2010 to proceed. whether the HHA is operating in rendering it difficult for them to Response: We disagree and believe compliance with the conditions of identifying which HHA they are that an HHA change of ownership participation and other program actually evaluating. application that is pending as of January requirements. Response: While we appreciate the 1, 2010 should be subject to the We wish to make clear that the intent commenter’s support, we have decided provisions of this final rule. of 42 CFR 424.550(b)(1) goes beyond the not to finalize proposed § 489.19(a) in Comment: Another commenter issue of ‘‘turn-key’’ operations. If an the final rule. requested CMS to establish a HHA undergoes a change of ownership, Comment: Another commenter ‘‘hardship’’ exemption so that legitimate CMS—at the current time—generally supported proposed 42 CFR 489.19(a), HHA sales can be reviewed and does not perform a State survey but sought clarification that it would not permitted to proceed. The commenter pursuant thereto. CMS therefore has no prohibit an HHA from sharing space stated that some HHAs sales are sure way of knowing whether the HHA, with other types of home health related facilitated for entirely legitimate and under its new ownership and organizations such as a long-term home unavoidable reasons, such as when a management, is in compliance with the health program, a managed long-term partner in a partnership dies or leaves HHA conditions of participation— care program, and a licensed certified the business and a new entity is created. regardless of whether the ownership home health services agency. The requirements of 42 CFR change occurred 12, 24, or 36 months Response: While we appreciate the 424.550(b)(1) could force such a after the HHA’s initial enrollment. commenter’s support, we have decided provider to go out of business; the Unless CMS can make this not to finalize proposed § 489.19(a) in commenter also stated that the determination, there is a risk that the the final rule. requirements of 42 CFR 424.550(b)(1) newly-purchased HHA, without having Comment: One commenter supported could lead to the total devaluation of been appropriately vetted via the survey our proposal to prevent HHAs from certain HHAs, and that purchasers will process, will bill for services when it is sharing practice locations and be unable to bill for services provided out of compliance with the conditions operations to the extent that there is no for periods as long as a year after the of participation. And in light of the common ownership involved. This sale. Another commenter stated that frequency of inappropriate practices, as commenter went on to say that the given the significant investment of outlined in the GAO report, of HHAs practice of co-location makes it difficult capital needed to start and operate an relative to other provider types, we for State surveyors and accreditors to HHA in the current regulatory believe it is imperative that we ensure
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that the newly-purchased HHA be beneficiaries receive services from separate providers, are separately subject to an appropriate level of qualified HHA providers. enrolled, and have separate provider review. CMS does not currently conduct a agreements. State survey when a provider seeks to Finally, we do intend to notify State c. Deactivation Provisions reactivate its Medicare billing Medicaid agencies about the Comment: Several commenters privileges. As is the case with implementation of this provision. expressed concern that the deactivation ownership changes, CMS therefore has Comment: Another commenter stated provision in proposed § 424.540(b)(3) no sure way of knowing whether the that proposed § 424.540(b)(3) would could disadvantageously affect HHAs HHA, after not billing Medicare for at require those HHAs that primarily or that bill Medicare on either an least a 12-month period, is still in even exclusively bill Medicaid but who infrequent basis or not at all. They compliance with the HHA conditions of are required to be enrolled in Medicare stated that since Medicare deactivates a participation; indeed, it is possible that as a prerequisite thereto to submit at provider’s Medicare billing privileges if the period of non-billing was due to the least one Medicare claim per year or see the provider has not billed Medicare for fact that the HHA was not in operation their Medicare billing privileges 12 consecutive months, HHAs that only at the time. Unless CMS can determine rescinded. sporadically bill Medicare not only may whether the HHA is in compliance with Response: As we previously stated, have their billing privileges deactivated the conditions of participation, the HHA the deactivation of a provider’s frequently, but will, under the may have its billing privileges Medicare billing privileges is not the aforementioned proposed provision, reactivated and begin billing for services same as the revocation of these privileges. A deactivated provider have to undergo a State survey each again without having been appropriately remains enrolled in Medicare, whereas time it seeks to reactivate these reviewed via the survey process. This a revoked provider loses its Medicare privileges. This will, the commenter could lead to inappropriate billings if billing privileges and is no longer believes, impose a very significant HHA is indeed out of compliance with such conditions. As with 42 CFR enrolled in the program. burden on such providers. One Comment: Several commenters commenter also: (1) Expressed concern 424.550(b)(1), we believe that 42 CFR 424.540(b)(3)(i) will help close the gap suggested that for providers enrolled in that a deactivation of its Medicare Medicare and Medicaid, CMS not billing privileges would affect its ability noted by the GAO in ‘‘screening potential and current HHAs’’ by deactivate a provider’s Medicare billing to bill Medicaid, and (2) asked whether, privileges for non-billing if the provider if it owned an HHA and a hospice and ensuring that the new owners in an HHA ownership change are properly has submitted a bill for or been paid by both were enrolled in Medicare, a Medicaid within that same 12-month deactivation of its HHA billing screened. With respect to the commenters’ concerns related to period. privileges would affect its ability to Response: The regulatory provisions continue billing for hospice services. Medicaid and Medicare Advantage billing under Medicare, the deactivation in 42 CFR 424.540 regarding 12 Another commenter urged CMS to of a provider’s Medicare billing consecutive months of Medicare non- consult with State Medicaid programs privileges does not mean that the billing do not allow for the level of prior to implementing this proposed provider is no longer enrolled in Medicaid billings to be a consideration provision. Yet another commenter Medicare. In fact, the Medicare provider in the deactivation of a provider’s stated that it was their understanding agreement remains in effect. Medicare billing privileges. This is that the requirement to obtain an initial Accordingly, a deactivated HHA is still because Medicare and Medicaid are two State survey under proposed certified as a Medicare HHA. completely separate health programs. If § 424.540(b)(3) would be commensurate Deactivation simply means that the we expanded 42 CFR 424.540 to allow to decertification. With long timelines provider, prior to having its Medicare a provider’s billing history with other for obtaining surveys and with Medicare billing privileges reactivated, must: (1) health plans to be a factor in having categorized HHA surveys as Submit the information requested in determining whether to deactivate a Tier-4 priority, this would put HHAs § 424.540(b)(1) and (2) undergo a State provider’s Medicare billing privileges, a out of business and, in turn, impact survey or obtain accreditation to ensure situation could arise where a provider Medicaid-only businesses that require that it remains in compliance with the has not submitted a bill to Medicare for Medicare certification—with the end applicable conditions of participation. a 10-year period but has not been result, the commenter stated, of harming Indeed, as previously indicated, there deactivated because the HHA has billed Medicaid patients. Similar concerns have been instances where HHAs are another program each year within that were expressed by a commenter sold to nominal owners when the real span. This would, in our view, defeat regarding HHAs that only bill Medicare operators are individuals who were later the purpose of 42 CFR 424.540. Besides, Advantage plans. found to be engaging in fraudulent and as already stated, the deactivation Response: We recognize that proposed activity. Our current inability to of Medicare billing privileges does not § 424.540(b)(3) could delay an HHA’s conduct a State survey for most changes mean that Medicare billing privileges ability to reactivate its Medicare billing of ownership hinders CMS’s ability to have been revoked. privileges, especially if the HHA bills fully vet and review the HHA, its new Comment: One commenter noted that only sporadically and is thus owners, and the new operations, and the revised 42 CFR 424.540(b)(3) susceptible to frequent deactivations. makes it more likely that such sham appears to require a new certification, However, we believe that this is operations can continue to exist. but the unaltered 42 CFR 424.540(c) outweighed by the strong need to verify With respect to situations in which a regarding the effective (date) of that HHAs whose billing privileges were provider owns an HHA and a hospice deactivation still provides that deactivated after 12 consecutive months and the billing privileges of the HHA are deactivation does not have any effect on of non-billing remain in compliance deactivated for 12 consecutive months a provider’s participation agreement. with Medicare’s conditions of of non-billing, this does not affect the The commenter suggested that we participation and other regulatory billing privileges of the hospice; the consider revising paragraph (c) to provisions. We also believe that this hospice’s billing privileges remain correlate with the changes to paragraph approach will help ensure that Medicare intact, as the HHA and the hospice are (b). Another commenter understood the
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changes § 424.540 to mean that we now CMS should consider the correlation the number of HHAs that will be equate the requirement to obtain an between CON states and the frequency impacted by the proposed CHOW initial State survey with decertification. of fraud and abuse. Finally, the requirements (2,000) and deactivation In light of the extremely long timelines commenter recommended, in lieu of the requirements (2,000). If these numbers for obtaining initial surveys from States proposed program integrity initiatives, are correct, CMS’ proposals will result and accrediting organizations, the increased funding of survey and in requiring resurvey of 40% of the commenter stated such a requirement certification efforts and urged CMS to 9,500 home health agencies annually. would put many legitimate home health seek out the root cause of fraudulent Response: We believe that the agencies that are part of the 2,000 behavior. projections contained in the proposed agencies that CMS estimates will be Response: We recognize that the vast rule are accurate and that the final rule deactivated out of business. majority of HHAs participating in the is sufficiently clear as to the number of Response: We agree that there is a Medicare program are honest. However, surveys that would have to be discrepancy. We have therefore not the information cited in the preamble to performed. included our proposed revision to the proposed rule—as well as the Comment: One commenter supported § 424.540(b)(3) in the final rule. We conclusions drawn by the Health and the proposed changes regarding space- believe that this change will eliminate Human Services’ Office of Inspector sharing and changes of ownership, and the perception that deactivation and General—provide reason and concern added that CMS should begin even more decertification are one in the same. for us that HHA fraud is a prevalent active enforcement. This should include Comment: One commenter expressed problem that, and in our view, warrants ensuring that all new enrollment support for our proposed changes additional review and action to address applicants have a timely, thorough on- regarding space sharing, ownership this issue. site review of clinical, operational and changes, and deactivations, stating that Comment: Several commenters financial policies and processes prior to the instances of fraud and abuse expressed concern about the impact of being granted enrolled status. reported by CMS justify changes. The proposed § 424.540(c) and § 424.550(b) Response: We appreciate the commenter suggested, however, that on State survey agencies and commenter’s support and note that we CMS consult with the HHS Office of accreditation organizations. They are undertaking a number of efforts to Inspector General, the Government contended that these agencies and reduce fraud and abuse. Accounting Office, and the U.S. organizations have experienced—and, Comment: One commenter made a Department of Justice for alternative in some cases, are still experiencing— number of recommendations to CMS perspectives on the appropriate length major backlogs in the number of with respect to the combating of of billing inactivity that warrants a State pending HHA request for certification or fraudulent activity in the HHA arena. survey or accreditation prior to accreditation. Some State agencies, These included: (1) Expanding reactivation. another commenter stated, are not educational efforts regarding Response: We appreciate both the conducting new HHA surveys at all at compliance; (2) establishing a Federal commenter’s support for our proposed the current time. Requiring a new requirement that administrators of home provisions and the suggestion regarding survey/accreditation pursuant to each health are credentialed by a nationally the consultation of other law change of ownership and reactivation of recognized body; (3) establishing enforcement bodies. We have, in fact, Medicare billing privileges will result in certification requirements for financial consulted with other agencies in the even larger backlogs, which in turn will managers; (4) enacting a targeted past regarding the 12-month further delay the ability of HHAs to moratorium on new HHAs; and (5) deactivation policy outlined in obtain a survey or accreditation in a working with the industry to ensure that § 424.540(a)(1). However, we believe prompt fashion. One commenter stated reports of fraudulent activities are acted that they would support every effort on that it will be impossible for State upon promptly. our part to ensure that HHAs remain in survey agencies and accrediting bodies Response: We appreciate these compliance with Medicare’s conditions to resurvey 2,000 CHOWs that CMS suggestions and will take them under of participation before their Medicare reports occur annually. advisement. billing privileges are reactivated. We Response: We understand the Comment: One commenter suggested further believe that 12 consecutive commenters’ concern regarding that CMS: (1) Enhance the Provider months of non-billing by the provider— workload implications for State survey Enrollment, Chain and Ownership a lengthy period in and of itself— agencies and deemed accrediting System (PECOS) to automatically constitutes sufficient justification for organizations. We believe that HHAs identify HHAs located at the same CMS to attempt to reconfirm that the undergoing an ownership change or practice location; (2) update section 12 provider meets the HHA conditions of having their billing privileges of the CMS–855A form to include participation. reactivated must meet the conditions of questions regarding office space, similar to the questions contained on the CMS– d. General Comments participation and other program requirements in order to participate in 855B application for physical therapy Comment: One commenter believed the Medicare program. and occupational therapy groups; and that CMS, in its proposed program Comment: One commenter (3) perform site visits for some new safeguard initiatives, was attempting to recommended that CMS appropriately providers. use a ‘‘broad brush’’ approach to fund State agencies to handle the Response: We appreciate these combating fraud, that CMS seems to increased survey workload. suggestions and will take them under view all home health providers as Response: As stated above, we advisement, though we note that CMS fraudulent, and that the proposed understand the workload implications has increased the number of site visits initiatives will harm honest HHAs. The for State agencies and deemed it performs in certain high-risk areas for commenter also stated that the States accrediting organizations. Moreover, we new and existing HHAs. with the highest levels of HHA fraud do are aware of the potential funding issues Comment: One commenter suggested not have significant barriers to entry, raised by the commenter. that we describe the method by which such as a State-mandated certificate of Comment: One commenter stated that HHAs can consolidate under one need (CON). The commenter stated that CMS must reevaluate its projections for provider number without financial
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consequence, and that CMS allow HHAs it must obtain a new survey or b. Solicitation of Comments that intend to consolidate up to 12 accreditation. It has come to our attention that months to do so. H. Physician Certification and physician involvement in the Response: HHAs with multiple Recertification of the Home Health Plan certification and recertification of HH provider agreements for agencies at the of Care POC varies greatly. While some same location can voluntarily terminate physicians have direct contact with a provider agreement and merge the a. Background their patients in the delivery of home multiple HHAs into a single health services, we believe that a organization. Sections 1814(a)(2)(C) and 1835(a)(2)(A) of the Act require that a significant number of physicians Comment: One commenter suggested provide only a brief, albeit thorough, that the intent of the States in requiring plan for furnishing home health services be established and periodically review of the HH POC, without any a prospective Medicaid provider to be direct contact with the patient. We enrolled in and certified by Medicare reviewed by a physician in order for Medicare payments for those services to continue to believe that active was to pass on the cost of the survey involvement of the physician, including and certification of Medicaid-only be made. Our regulations at § 409.43(e) specifically state that a home health ‘‘in-person’’ contact with the patient, agencies to the Federal Government and during the certification and suggested that CMS resolve this with the POC must be reviewed, signed, and dated by the physician who reviews the recertification of the HH POC is States. essential for the delivery of high quality Response: We believe that this POC (as specified in § 409.42(b)) in consultation with agency clinical staff at HH services. comment is outside the scope of this In the Physician Fee Schedule final rule. least every 60 days (or more frequently as specified in § 409.43(e)(1)). proposed rule published in the July 7, Comment: One commenter asked for 2008 Federal Register (73 FR 38578), we clarification on how HHAs are to be Additionally, § 424.22(b) states that a recertification is required at least every mentioned several options to enhance notified when their Medicare billing direct contact between the physician privileges are deactivated. 60 days, preferably at the time the plan is reviewed, and must be signed by the and the patient. First, we considered a Response: In the event a claim is review of the RVUs associated with the submitted after 12 consecutive months physician who reviews the home health POC. These schedules, for the review of certification and recertification of the of non-billing, the claims processing HH POC. As a result of that review, the system will place a message on the the POC and the recertification, coordinate with the 60-day episode payment amounts to physicians could remittance notice stating ‘‘This provider be reduced based on a more accurate was not certified/eligible to be paid for payment unit under the HH PPS. In implementing the statutory requirement determination of the actual RVUs this procedure/service on this date of required to provide these services. We service.’’ We do not expect that this as well as these regulations, we believed that these requirements would also considered proposing new message will be implemented until CY requirements; for example, a 2010. encourage enhanced physician involvement in the HH POC and patient requirement for ‘‘direct’’ patient contact Based on the public comments, we are management, and would include more with the physician, to ensure more adopting the provisions of the proposed direct ‘‘in-person’’ patient encounters active physician involvement in the rule with the following revisions: (as logistically feasible). certification and recertification of the • We are not adopting § 424.530(a)(8) HH POC. We specifically solicited in this final rule. Currently, physicians are paid for comments on these policy options. • We are not adopting both the certification and recertification In the November 19, 2008 final rule, § 424.535(a)(11) in this final rule. of the HH POC under HCPCS codes we expressed our appreciation for the • We are not adopting § 489.12(a)(5) G0180 and G0179, respectively. The comments and responded that we in this final rule. basis for the payment amounts of these would continue to analyze and consider • We are not adopting § 489.19(a) in physician services is the relative the comments and suggestions in future this final rule. resources in RVUs required to furnish rulemaking. Additionally, as a result of • We are not adopting § 489.19(b) in these services. We believe physician comments received on the above this final rule. involvement is very important in physician rule, as they relate to • We proposed to exclude HHAs from maintaining quality of care under the physician-patient contact, we are the existing language in § 424.540(b)(3), HH PPS. considering the possibility of requiring which states that the reactivation of In the HH PPS proposed rule physicians to make phone calls to Medicare billing privileges does not published in the October 28, 1999 patients at various times over the course require a new certification of the Federal Register (64 FR 58196), we had of home health treatment (prior to provider or supplier by the State survey proposed to require the physician to recertification), as a means to promote agency or the establishment of a new certify the case-mix weight/home health that physician-patient contact and to provider agreement. We have decided resource group (HHRG) as part of the help ensure the delivery of high quality not to include this proposed revision to required physician certification of the HH services to our beneficiaries. § 424.540(b)(3) in the final rule. We are POC. This reflected our belief that the In the HH PPS proposed rule for CY also making it clear that under proposed physician should be more involved in 2010, we specifically solicited § 424.540(b)(3)(i), which is included in the decentralized delivery of home additional comments on this topic. the final rule, an HHA undergoing a health services. However, in the final Comment: While commenters agreed change of ownership within the first 36 rule published in the July 3, 2000 that increasing physician involvement months after its enrollment remains Federal Register (65 FR 41163), we did in home health patient care was a Medicare-certified and that its provider not finalize that proposal and decided to positive step, they were not supportive agreement has not been revoked. The focus our attention on physician of requiring a face-to-face encounter deactivated HHA’s certification, certification and education in order to between patients and physicians, or of provider agreement, and status as an better involve the physician in the requiring telephone contact, prior to enrolled HHA remain intact. However, delivery of home health services. physician certification or recertification
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of the plan of care. Some felt this would timely. Some commenters also wrote CMS should review practices that be burdensome to physicians and would that requiring an encounter could be a cannot be counted toward CPO time and create a significant barrier to patients serious claims processing issue, akin to consider allowing these. He also seeking home health services. Several the former M0175 component of the suggested that surveyors focus more on pointed out that there was no analysis HHRGs. Commenters believed that the the 60-day summary to physicians. to suggest that face-to-face or telephone agency would not be in a position to Several commenters recommended encounters would improve outcomes, consistently or comprehensively that CMS conduct a comprehensive and questioned the value of such a understand the encounters. study on the impact and value of requirement, given its cost. A few Commenters suggested a number of physician encounters as a qualifying mentioned that the underlying problem alternatives. One commenter felt the element of Medicare home health was inadequate payment to physicians; best approach to involving physicians services. These commenters suggested some stated that without more in home care is in new models of that in the interim, physician payment reimbursement, physicians were not chronic care management that integrate rules could be modified to limit likely to be cooperative; one wrote that primary care practices committed to payment for care plan recertification to this suggestion did not address the home-based care with home health those physicians who can document a fundamental problem of too little agencies in a single, consolidated face-to-face encounter with the patient physician time to support patients at chronic care service. This commenter is prior to care plan certification. home. working on pilot projects with Medicare Response: We appreciate the One commenter wrote that the level Advantage patients, and welcomes the comments from the public on this and frequency of physician contact with opportunity to develop a demonstration matter and will continue to address our patients should be determined by the program. concerns surrounding this issue, and physician, based on the patient’s One commenter suggested we study analyze and consider those comments medical needs. A few commenters noted the role of physicians in home care and and suggestions in future policymaking that such a requirement would interfere determine which factors enhance the and future rulemaking. physician’s ability to conduct oversight with the professional judgment of the I. Routine Medical Supplies physician, failed to recognize that activities, ensure appropriateness of nurses and therapists provide OASIS care, and work collaboratively with HHAs have expressed to the HHS assessment of all patients prior to home health agencies without Office of the Inspector General (OIG) physician certification, and noted that burdening beneficiaries. Another some confusion regarding routine homebound, infirm or disabled patients commenter recommended we consider medical supplies and how we account should not be forced to leave home for ways to improve communication for the cost of those supplies. Therefore, a doctor’s visit. They noted that leaving between physicians and home health in the proposed rule we reiterated our home may be a considerable and taxing agencies, particularly as it relates to policy regarding routine medical effort for homebound patients, follow-up when a patient’s condition supplies and how they are reimbursed especially in rural areas, when there are changes. One commenter suggested we under the HH PPS. weather issues, or where patients have consider the comments received upon Section 1895(b)(1) states that ‘‘all no caregiver or transportation. One solicitation in the Physician Fee services covered and paid on a commenter asked what would happen if Schedule rule, which encouraged a reasonable cost basis under the the patient refused to go. wider range of mechanisms to increase Medicare home health benefit as of the Several commenters pointed out that involvement, such as telehealth, date of the enactment of this section, existing laws already establish serious photographic evidence, telephone, and including medical supplies, shall be criminal and civil sanctions for use of advanced practice nurses (APNs) paid for on the basis of a prospective physicians who knowingly and falsely or physician assistants (PAs). Others payment amount * * *’’. The cost of certify that a patient is homebound and suggested we continue the dialogue routine medical supplies was included needs home health. Additionally, they with physicians’ groups and with home in the average cost per visit amounts stated that there are no reports of quality health agencies about this issue. Several derived from the audit sample. These of care problems related to the absence commenters echoed the suggestion to average cost per visit amounts were of a face-to-face physician encounter. allow APNs or PAs, within State used to calculate the initial HH PPS While a telephone contact could be practice guidelines, and noted that these rates published in the July 3, 2000 HH more convenient, commenters felt that it professionals are more accessible, more PPS final rule (FR 65 41184). Because would not accomplish much other than open to discussion of patient issues than reimbursement for routine medical confirm to the physician that the patient physicians, would reduce the burden on supplies is bundled into the HH PPS 60- exists and possibly hear the patient physicians, and improve access. day episode rate and the per-visit rates, express things about his or her Another commenter suggested we test HHAs may not bill separately for condition or needs. They noted that it proposals to require encounters in routine supplies. would be difficult for the home health demonstration projects, and establish As noted in Chapter 7—Home Health agency to validate that a call actually whether the outcomes improve enough Services of the Medicare Benefit Policy occurred if the agency were not a direct to merit the increase in costs. This Manual (Pub. 100–02), sections 50.4.1.2 party to it. Others noted that physicians commenter also suggested we consider and 50.4.1.3, routine supplies are would have to make such calls after requiring a Medicare Director, similar to supplies that are customarily used in hours, given their busy schedules, and those in hospice programs. In small quantities during the course of this could be disruptive to homebound considering alternatives, another most home care visits. They are usually patients, many of whom are elderly and commenter wrote that physician home included in the staff’s supplies and not retire early. visits are unrealistic. This commenter designated for a specific patient. A commenter mentioned that some noted that under current care plan Routine supplies would not include beneficiaries don’t have telephones, oversight (CPO), physicians can count those supplies that are specifically particularly in remote rural areas. time for telephone interactions, and ordered by the physician or are essential Another wrote that patients could barely suggested we see if this method of to HHA personnel in order to effectuate get needed prescriptions called in oversight is widely used. He added that the plan of care. Examples of supplies
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which are usually considered routine consolidated billing requirements. Comment: In the proposed rule, CMS include, but are not limited to: Routine, and non-routine medical indicated that the 60-day episode rate supplies, are bundled into and paid for was based on 25.5 visits. This is A. Dressings and Skin Care under the HH PPS rates and are subject incorrect because it uses LUPAs that • Swabs, alcohol preps, and skin prep to home health consolidated billing, had 4 or fewer visits that are not paid pads; which means that Medicare will not pay using the full 60-day episode rate. • Tape removal pads; separately for these items for a Rather 31.6 visits per episode is the • Cotton balls; beneficiary who is in an open home correct number of visits per episode, as • Adhesive and paper tape; health care episode of care. Section 50.4 the initial factor used by CMS in • Nonsterile applicators; and of Chapter 7, ‘‘Home Health Services’’ of computing the 60-day episode rate back • 4x4s. the Medicare Benefit Policy Manual in 2000. CMS should clarify how the B. Infection Control Protection (Pub. 100–02) defines medical supplies 25.5 visits per episode relates to the 31.6 as ‘‘items that due to their therapeutic visits per episode that was the basis for • Nonsterile gloves; the 60-day episode base rate. • or diagnostic characteristics, are Aprons; essential in enabling HHA personnel to Response: The commenter is correct • Masks; and that 25.5, which was the actuarial • conduct home visits or to carry out Gowns. effectively the care the physician has projection for FY 2001 for all episodes C. Blood Drawing Supplies ordered for the treatment or diagnosis of as spelled out in the July 3, 2000 HH the patient’s illness or injury’’. All PPS Final Rule, was not the proper • Specimen containers. supplies which would have been number to use for comparison with the D. Incontinence Supplies covered under the cost-based current non-LUPA visits per episode; we regret the error. The 31.6 was for CY • Incontinence briefs and Chux reimbursement system are bundled under the home health PPS. There is no 1998 (the last historical year for which covered in the normal course of a visit. data were available for the Rule), and For example, if a home health aide in limit on the number of supplies that a patient may receive from the HHA as trends at the time indicated that visits the course of a bathing visit to a patient per episode were declining. While the determines the patient requires an long as the supplies are covered, reasonable and necessary and July 3, 2000 HH PPS Final Rule did not incontinence brief change, the explicitly state the projection for FY incontinence brief in this example documented by the physician and kept in the patient’s record by the HHA. 2001 non-LUPA visits per episode, it would be covered as a routine medical can be gleaned mathematically from supply. Miscellaneous Comments other numbers published in that final E. Other Comment: A commenter wrote that rule, and turns out to be a few visits • most claims have Non-routine Supplies lower than 31.6. Thermometers; and Comment: A few commenters wrote • (NRS) level 1 or 2, and almost none Tongue depressors. that LUPA rates were still less than an have NRS level 5. This commenter There are occasions when the agency’s cost of providing a visit, and wrote that there was no information in supplies listed in the above examples asked that the rates be reviewed and HH PPS to capture the need for would be considered non-routine and increased. One commenter suggested we expensive pleurex catheters. The thus would be considered a billable apply the LUPA add-on to all LUPA commenter felt that changes in the NRS supply, that is, if they are required in episodes. Another could not find methodology may be needed to more quantity, for recurring need, and are support for the prediction that LUPA included in the plan of care. Examples accurately reflect supply needs. episodes would drop from 15 percent to include, but are not limited to, tape, and Another commenter was concerned 5 percent, and noted that the most 4x4s for major dressings. that certain non-routine supplies were recent data for his State suggested LUPA Comment: A commenter requested being added to the HH PPS bundle, but episodes were running at just over 14%. clarification in the final rule on some were not represented in the original cost Response: Rebasing rates is not part of routine medical supplies that were not basis for PPS supply payment without this final rule. A description of the included in the clarification in section appropriate payment increases. He felt analysis supporting that the LUPA add- III.I, such as wound care supplies and this was a disincentive to adopt new on apply only to first or only LUPA colostomy supplies. Additionally, the technology, and fosters the use and episodes can be found in the CY 2008 commenter was seeks clarification of the application of older and less efficacious final rule (72 FR 49762). It can also be statement, ‘‘There are occasions when alternative treatments and supplies. noted that an individual agency’s cost of the supplies listed * * * a billable This commenter expressed specific providing a visit will differ from agency supply, that is, if they are required in concern over a Pleura-evac and to agency, however, we believe that the quantity, for recurring need, and are sophisticated but expensive wound care LUPA rates, on average, are sufficient. included in the plan of care’’ on page products, and noted that the application One should note that LUPA incidence 40974 at the end of section III.I. The of these technologies cost more than the can vary greatly from agency to agency commenter asked if this represents a NRS allowances. He suggested we re- and area to area. We intend to monitor change from current practice. evaluate the classification of Pleura- the trend in incidence of LUPA episodes Response: The law governing the evacs and establish a process to adjust in view of the change we made to LUPA Medicare home health prospective the NRS allowance to accommodate the payments (the LUPA add-on) that payment system (HH PPS) effective accretion of new, more expensive, NRS. became effective in CY 2008. It is worth October 1, 2000 requires that while the Response: We appreciate the noting that, nationally, the percentage of patient is under a home health POC, the comments on this topic, but we are not, LUPA episodes continues to drop, our HHA must bill and receive payment as part of this rule, refining either the most recent data indicating that LUPA from Medicare for all covered home case-mix model or the NRS severity episodes have dropped to around 10 health services including routine and model for the HH PPS. We will consider percent. As stated in a response to a non-routine medical supplies, except the comments received in future previous comment, we believe that the DME Medical supplies, under the rulemaking. appropriate time and place to deal with
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any re-estimates, in these multiple Response: Data so far suggest the collection should be approved by OMB, areas, is if and when a rebasing for the problem of growing, suspect outlier section 3506(c)(2)(A) of the Paperwork rates were to take place. payments has been associated with Reduction Act of 1995 requires that we Comment: A commenter felt that the individual agencies and specific areas of solicit comment on the following issues: proposed rule fell short of adopting the country. Our proposal for addressing • The need for the information essential reform to home health the outlier payment problem considered collection and its usefulness in carrying payment model and regulatory the impact on agencies generally; thus, out the proper functions of our agency. processes as suggested by MedPAC and we have proposed an outlier cap at a • The accuracy of our estimate of the described in the Senate Finance level, 10 percent, that far exceeds the information collection burden. Committee’s Chairman’s Mark. The typical agency ratio with respect to • The quality, utility, and clarity of commenter believes the proposed rule outliers. We have addressed other parts the information to be collected. can be strengthened to be consistent of our proposed, and finalized, policies • Recommendations to minimize the with health care reform goals and avoid in other responses to public comments information collection burden on the serious consequences for Medicare, its in this final regulation. affected public, including automated beneficiaries, and avoid undermining Comment: A commenter suggested we collection techniques. access to quality home health agencies. seek new types of healthcare systems We solicited public comments on Various commenters stated that home and promote innovation in this area. each of aforementioned issues for the health is an effective approach to Another commenter suggested we information collection requirements reducing hospital admissions and implement policies and guidance to discussed below. In this final rule, we maximize utilization of electronic managing the long term nature of are restating the discussion of the health records and other forms of health chronic diseases such as heart failure, information collection requirements as information technology within the home chronic respiratory diseases, and it appeared in the HH PPS proposed health setting. Another commenter unstable diabetes, and that many rule published on August 13, 2009 (74 wrote that because of the HIPAA law, patients, including those who are not FR 40948). homebound, could benefit from ongoing hospitals are not providing home health management at home. One of these agencies with needed discharge A. ICRs Regarding the Requirements for commenters stated a concern that the information; this impacts the patient’s Home Health Services transition to home and leaves the proposed rule focuses on costs of home In § 424.22 we stated that if a patient’s agency to rely on patient recall. care without factoring in the overall cost underlying condition or complication Response: CMS is aware that some of care to Medicare. Another commenter required a registered nurse to ensure home health agencies have urged us to appreciate the services that that essential non-skilled care was implemented new technology to assist HHAs provide, and how home health is achieving its purpose, and necessitated in patient services already. They have a cost-effective, quality alternative to a registered nurse be involved in the been able to make such investments rising health care costs. development, management, and under the current payment system. We Response: We appreciate the evaluation of a patient’s care plan, the urge continued investments in these commenters’ suggestions regarding physician would include a written technologies in the interests of broader reform associated with the narrative describing the clinical improving care management and home health benefit. We agree with the justification of this need. efficiency in the home health industry. commenter that home health care may CMS is committed to improving health The burden associated with this be an effective approach to reducing setting transitions to minimize requirement will be the time and effort hospitalizations and overall Medicare unnecessary errors and burdens on put forth by the physician to include the costs. However, the commenters’ patients and providers. For example, written narrative. We estimate it will suggestions are outside the scope of the under the QIO program, we will take one physician approximately 5 proposed provisions which we solicited continue to work with the hospital minutes to meet this requirement. We comments about in the CY 2010 industry and others to disseminate estimate the frequency of such a proposed rule. The commenter is information about smoothing situation to occur in about 5 percent of suggesting a broader scope of benefit transitions. episodes (or about 345,600 episodes a than that which is currently statutorily year); therefore, the total annual burden mandated for Medicare’s home health III. Provisions of the Final Rule associated with this requirement will be benefit. Generally, this final rule incorporates 28,800 hours for CY 2010. Comment: A commenter felt that the the provisions of the August 6, 2009 Comment: Two commenters wrote actions of a few agencies are driving proposed rule (republished on August that the time and burden estimates policy decisions for the entire home 13, 2009 with corrected wage index presented in section IV. of the proposed health program. The commenter was tables), except as noted in the specific rule were underestimated. One noted concerned about the proliferation of response to comments in the applicable that these regulations would increase agencies in pockets of the country, and section of this rule. costs of operation. For section IV.A., the the negative behavior of many of these other wrote that the time to educate the HHAs. The commenter wrote that we IV. Collection of Information physician regarding the type of should work directly with States to Requirements documentation needed to support address appropriate growth and Under the Paperwork Reduction Act unlicensed care from a Management and minimize risk to Medicare without of 1995, we are required to provide 30- Evaluation perspective would be impacting access. He hopes that we will day notice in the Federal Register and astronomical, in addition to the time be sensitive to the impact policy solicit public comment before a required trying to obtain the decisions aimed at managing the few collection of information (COI) documentation from the physician. She have on the majority of providers. requirement is submitted to the Office of added that the time physicians must Finally, the commenter appreciated our Management and Budget (OMB) for spend collecting information on each continued open dialogue through review and approval. In order to fairly client to document medical necessity teleconferences and open door forums. evaluate whether an information was greater than 5 minutes.
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Response: We disagree that the time Response: With respect to the enrollment application. The estimated to educate the physician regarding the estimated survey timeframe, the burden of completing the entire type of documentation that would be calculation is based on the total amount application as a new enrollee is 3 hours. needed to fulfill the requirement for a of time the provider spends: (1) In Thus, the estimated annual burden for physician’s written narrative, in these undertaking specific activities in the approximately 2,000 HHAs that will rare instances, as astronomical. Nor do preparation for the survey, and (2) change ownership will be 6,000 hours. we agree that the time required to obtain undergoing the survey itself. The Second, the provider will need to the narrative will be excessive. The calculation does not include the time undergo a survey (or obtain physician should already have waiting for the survey to take place. accreditation in lieu of a survey) and considered what his/her clinical The requirements and associated perform administrative activities justification is for the certification or information collection burden contained associated therewith. We estimate that recertification of the beneficiary to in § 424.540(b)(3) will be submitted to the total hourly burden to the HHA for receive Medicare’s home health benefit, OMB for approval. As part of the stated activities will be 60 hours, for an as well as the ordering and approving of approval process, we will seek public annual burden of 120,000 hours (2,000 these skilled services on the plan of comments in an additional notice HHAs × 60 hours). care. Consequently, the physician separate from this final rule. Therefore, we estimate that the total should have already synthesized their C. ICRs Regarding Prohibition Against annual burden of compliance with clinical justification, and need only to Sale or Transfer of Billing Privileges § 424.550(b)(1) will be 126,000 hours record it into the certification or (120,000 hours + 6,000 hours). At § 424.550(b)(1) we require that an recertification. The requirements and associated HHA undergoing an ownership change The requirements and associated information collection burden contained will have to obtain an initial State information collection burden contained in § 424.550(b)(1) will be submitted to survey or accreditation by an approved in § 424.22 will be submitted to OMB OMB for approval. As part of the accreditation organization if the change for approval. As part of the approval approval process, we will seek public takes place within 36 months after the process, we will seek public comments comments in an additional notice effective date of the HHA’s participation in an additional notice separate from separate from this final rule. this final rule. in Medicare. Between April 2008 and April 2009, approximately 2,000 Comment: Two commenters wrote B. ICRs Regarding Deactivation of Medicare-enrolled HHAs—or 22.5 that the time and burden estimates Medicare Billing Privileges percent of the 9,000 total number of presented in section IV. of the proposed In § 424.540(b)(3)(i), an HHA whose HHAs enrolled in Medicare—underwent rule were underestimated. One noted Medicare billing privileges are a change of ownership. Naturally, the that these regulations would increase deactivated under the provisions found magnitude of the ownership changes costs of operation. For section IV.C, one in § 424.540(a) must obtain an initial varied by HHA, but the fact that almost of the commenters believed that the State survey or accreditation by an one-quarter of all Medicare-enrolled time to complete the enrollment form approved accreditation organization HHAs changed ownership in some form needed when a sale/transfer of before its Medicare billing privilege can within the past year is, for the reasons ownership occurs is far greater than 3 be reactivated. The burden associated outlined in the preamble to this rule, hours, taking several days to complete with this requirement will be the time significant. the form and gather all required and effort put forth by the HHA to It is also important to note that of the documentation. Additionally, if a obtain a State survey or accreditation. 2,000 ownership changes, deficiency in completing this complex We estimate it will take the prospective approximately 20 percent occurred in form is noted, the time to correct it is provider/owner 60 hours to obtain a Texas, another 20 percent in Florida, not factored in. State survey or accreditation. We and 14 percent in California, meaning Response: We believe that the estimate that there will be 2,000 such that over one-half of all changes in timeframe we have used for the occurrences annually. (We believe that ownership occurred in three States. completion of the form is both accurate this figure is an extremely high-end Though it is likely that, once this and consistent with past estimates that estimate, but will utilize it for purposes provision is implemented, the number CMS has used for the completion of the of this final rule so as to ensure that we of total annual ownership changes will Medicare enrollment application (for do not underestimate the potential decrease, we will assume for purposes example, CMS–855A). burden on HHAs. Therefore, the total of this final rule that the figure of 2,000 D. ICRs Regarding Patient Assessment annual burden associated with this will remain constant so as to ensure that Data requirement will be 120,000 hours. we do not underestimate the potential Comment: Two commenters wrote burden on HHAs. Section 484.210 will require an HHA that the time and burden estimates The burden associated with this to submit to CMS the OASIS data presented in section IV. of the proposed requirement in § 424.550(b)(1) is described at § 484.55(b)(1) and (d)(1) in rule were underestimated. One noted twofold. First, the HHA will need to order for CMS to administer the that these regulations would increase complete and submit a Medicare payment rate methodologies described costs of operation. For section IV.B, a enrollment application (paper or in §§ 484.215, 484.230 and 484.235. commenter wrote that the time required electronic) as an initial applicant. This The burden associated with this is the to receive an initial survey was months can be done electronically via the time and effort put forth by the HHA to from an accrediting organization since Internet-Based Provider Enrollment, submit the OASIS data. This burden is in her State, the State survey agency was Chain and Ownership System (PECOS) currently accounted for under OMB# no longer performing initial surveys. or by using the paper CMS–855 0938–0761.
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Total annual burden OMB No. Requirements Number of respondents Burden hours hours
0938–NEW ...... 424.22 ...... 345,600 ...... 1/12 ...... 28,800. None ...... 424.540(b)(3)(i) ...... 2,000 ...... 60 ...... 120,000. None ...... 424.550(b)(1) ...... 2,000 ...... 63 ...... 126,000. 0938–0761 ...... 484.210 ...... N/A ...... N/A ...... N/A.
If you comment on these information the total annual burden for the first year Regulatory Flexibility Act (RFA) collection and recordkeeping will total 58,100. (September 19, 1980, Pub. L. 96–354), requirements, please do either of the The burden associated with the home section 1102(b) of the Social Security following: health patient’s submission of the Act, section 202 of the Unfunded 1. Submit your comments HHCAHPS survey is currently pending Mandates Reform Act of 1995 (Pub. L. electronically as specified in the OMB approval (CMS–10275/OMB# 104–4), Executive Order 13132 on ADDRESSES section of this rule; or 0938–NEW). Once OMB approval has Federalism (August 4, 1999) and the 2. Submit your comments to the been obtained, we will revise the Congressional Review Act (5 U.S.C. Office of Information and Regulatory package to include the burden on the 804(2)). Affairs, Office of Management and HHAs as discussed above. Executive Order 12866 directs Budget, Attention: CMS Desk Officer, Comment: Two commenters wrote agencies to assess all costs and benefits CMS–1560–F, Fax: (202) 395–6974; or that the time and burden estimates of available regulatory alternatives and, E-mail: [email protected]. presented in section IV of the proposed if regulation is necessary, to select regulatory approaches that maximize E. ICRs Regarding Annual Update of the rule were underestimated. One noted net benefits (including potential Unadjusted National Prospective 60- that these regulations would increase economic, environmental, public health Day Episode Payment Rate costs of operation. For section IV.E on the HHCAHPS, one commenter wrote and safety effects, distributive impacts, Section 484.225(i) requires the that time and burden were severely and equity). A regulatory impact submission of quality measures as underestimated as HHAs must analysis (RIA) must be prepared for specified by the Secretary. As part of implement both procedural and rules with economically significant this requirement, each HHA sponsoring technological changes which are not effects ($100 million or more in any 1 a Home Health Care CAHPS included in the estimates. year). We estimate that this rulemaking (HHCAHPS) Survey must prepare and Response: In the beginning, it will is ‘‘economically significant’’ as submit to its survey vendor a file take HHAs a little time to set up their measured by the $100 million threshold containing patient data on patients files to retrieve the needed patient and hence also a major rule under the served the preceding month that will be information on a monthly basis for their Congressional Review Act. Accordingly, used by the survey vendor to select the respective survey vendors. However, we have prepared a Regulatory Impact sample and field the survey. This file from several years of experience with Analysis, which to the best of our (essentially the sampling frame) for Hospital CAHPS, we have observed that ability, presents the costs and benefits of most home health agencies can be the participating hospitals are able to the rulemaking. generated from existing databases with deliver their monthly files to their 1. HHA Provisions Regarding minimal effort. For some small HHAs, respective survey vendors with minimal Ownership Changes and Reactivation of preparation of a monthly sample frame effort. Regarding section IV.E of the Billing Privileges may require more time. However, data Information Collections Requirements, For the proposed rule, we estimated elements needed on the sample frame CMS is adopting three changes to the will be kept at a minimum to reduce the that a total of 2,000 deactivated HHAs proposed HHCAHPS implementation and 2,000 HHAs undergoing a change of burden on all HHAs. that may alleviate some of the ‘‘burden’’: The burden associated with this ownership may be affected annually by (1) Delayed HHCAHPS linkage to CY requirement is the time and effort put our proposed payment safeguard 2012 payment and not to CY 2011 forth by the HHA to prepare and submit provisions. Yet we believe that the payment; (2) the eligible patient list that the file containing patient data on actual budgetary impact will be HHAs need to give to their survey patients. The survey instrument and minimal, as these estimated figures were vendors include only Medicare and/or procedures for completing the very high-end estimates and were used Medicaid patients; (3) HHAs may give V instrument are designed to minimize so as not to underestimate the potential Codes to their survey vendors if ICD–9 burden on all respondents. No burden on HHAs. The reality is that the codes are unavailable; (4) HHAs will significant burden is expected for small annual number of deactivated HHAs have the opportunity to voluntarily agencies beyond providing their that will seek to reactivate their billing implement HHCAHPS for a year contracted vendor with a monthly file of privileges will very likely be (October 2009 through September 2010) patients served. substantially less than 2,000. This is Initially, we estimate it will take one for ‘‘practicing’’ the implementation primarily because the requirements in HHA 5 hours for the first month to meet procedures before data collection 42 CFR 424.540(b)(3)(i) will encourage this requirement. The subsequent ‘‘counts’’ toward an annual payment some deactivated HHAs to remain in a monthly burden is estimated to be 30 update. deactivated status rather than undergo a minutes per HHA. We estimate V. Regulatory Impact Analysis State survey, especially if they plan to approximately 7,000 HHAs will be only infrequently bill Medicare after the submitting this data annually. Based on A. Overall Impact reactivation of their Medicare billing that number, the burden associated with We have examined the impacts of this privileges. It is for this same reason that the first month is estimated at 35,000 final rule as required by Executive we believe that the number of hours. The burden will decrease to Order 12866 on Regulatory Planning ownership changes will be less than 2,100 for subsequent months. Therefore, and Review (September 30, 1993) the 2,000. Some entities and individuals
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may be reluctant to sell or buy a day episode rates and the NRS requirement costs on State and local Medicare-enrolled HHA if they know conversion factors to account for the governments, preempts State law, or that the HHA will first have to undergo case-mix change adjustment under the otherwise has Federalism implications. an initial Medicare enrollment and HH PPS. The $140 million is reflected We have reviewed this final rule under survey. While it is not possible for us to in column 5 of Table 7 as a 1.03 percent the threshold criteria of Executive Order place a precise figure on the number of decrease in expenditures when 13132, Federalism, and have HHAs that will forgo reactivation or an comparing the current CY 2009 system determined that it will not have ownership change due to the survey to the CY 2010 system. substantial direct effects on the rights, requirement, we do believe that it will The RFA requires agencies to analyze roles, and responsibilities of States, be significant enough to mitigate the options for regulatory relief of small local, or tribal governments. overall budgetary impact. entities, if a rule has a significant impact Moreover, and as previously stated, on a substantial number of small B. Anticipated Effects we believe that these changes are entities. For purposes of the RFA, small This final rule sets forth updates to necessary to ensure that currently entities include small businesses, the HH PPS rates contained in the CY enrolled and prospective HHAs are nonprofit organizations, and small 2009 notice (73 FR 65351, November 3, billing for the services provided and are governmental jurisdictions. Most 2008). The impact analysis of this final in compliance with the conditions of hospitals and most other providers and rule presents the estimated expenditure participation in 42 CFR Part 484, and all suppliers are small entities, either by effects of policy changes in this rule. We other Medicare requirements. nonprofit status or by having revenues use the latest data and best analysis As for the issue of beneficiary access, of $7 million to $34.5 million in any 1 available, but we do not make the number of affected HHAs is such year. For the purposes of the RFA, adjustments for future changes in such that we do not believe that beneficiaries approximately 75 percent of HHAs are variables as number of visits or case- will be adversely impacted by these considered to small businesses mix. provisions. To the contrary, any according to the Small Business This analysis incorporates the latest reduction in the number of enrolled Administration’s size standards with estimates of growth in service use and HHAs that will result from the total revenues of $13.5 million or less in payments under the Medicare home implementation of these provisions will any 1 year. Individuals and States are health benefit, based on Medicare be more than offset by the assurance not included in the definition of a small claims from 2007. We note that certain that those HHAs that cannot meet entity. Excluding HHAs in areas of the events may combine to limit the scope Medicare requirements and quality country where high and suspect outlier or accuracy of our impact analysis, standards are no longer in the program. payments exist, this rule is estimated to because such an analysis is future- We are unable to determine the exact have an overall positive effect upon oriented and, thus, susceptible to errors extent to which currently enrolled and small entities (see section V.B resulting from other changes in the prospective HHAs would be able to ‘‘Anticipated Effects’’, of this final rule, impact time period assessed. Some meet the requirements outlined in the for supporting analysis). examples of such possible events are provisions. In addition, as a result of a In addition, section 1102(b) of the Act newly-legislated general Medicare dearth of quantifiable data, we cannot requires us to prepare a regulatory program funding changes made by the effectively derive an estimate of the impact analysis, if a rule may have a Congress, or changes specifically related monetary impacts of these provisions. significant impact on the operations of to HHAs. In addition, changes to the Accordingly, we are seeking public a substantial number of small rural Medicare program may continue to be comment so that the public may provide hospitals. This analysis must conform to made as a result of the BBA, the BBRA, any data available that provides a the provisions of section 604 of the the Medicare, Medicaid, and SCHIP calculable impact or any alternative to RFA. For purposes of section 1102(b) of Benefits Improvement and Protection these provisions. the Act, we define a small rural hospital Act of 2000, the MMA, the DRA, as a hospital that is located outside of MIPPA, ARRA, or new statutory 2. CY 2010 Update a Metropolitan Statistical Area and has provisions. Although these changes may The update set forth in this rule fewer than 100 beds. This rule applies not be specific to the HH PPS, the applies to Medicare payments under HH to home health agencies. Therefore, the nature of the Medicare program is such PPS in CY 2010. Accordingly, the Secretary has determined that this rule that the changes may interact, and the following analysis describes the impact will not have a significant economic complexity of the interaction of these in CY 2010 only. We estimate that the impact on the operations of a substantial changes could make it difficult to net impact of the proposals in this rule, number of small rural hospitals. predict accurately the full scope of the including a 2.75 percent reduction to Section 202 of the Unfunded impact upon HHAs. the national standardized 60-day Mandates Reform Act of 1995 also Table 7 represents how home health episode payment rates and the NRS requires that agencies assess anticipated agency revenues are likely to be affected conversion factor to account for the costs and benefits before issuing any by the policy changes described in this case-mix change adjustment, is rule whose mandates require spending rule. For this analysis, we used linked approximately $140 million in CY 2010 in any 1 year of about $100 million or home health claims and OASIS savings. The estimated $140 million more in 1995 dollars, updated for assessments; the claims represented a impact reflects the distributional effects inflation. That threshold is currently 20-percent sample of 60-day episodes of an updated wage index (–$10 million) approximately $133 million in 2009. occurring in CY 2007. Column one of as well as the final 2.0 percent home This final rule is not anticipated to have this table classifies HHAs according to health market basket increase (an an effect on State, local, or tribal a number of characteristics including additional $350 million in CY 2010 governments, in the aggregate, or by the provider type, geographic region, and expenditures attributable only to the CY private sector, of $133 million or more. urban versus rural location. 2010 home health market basket), and Executive Order 13132 established For the purposes of analyzing impacts the 2.75 percent decrease (–$480 million certain requirements that an agency on payments, we performed three for the third year of a 4-year phase-in) must meet when it promulgates a final simulations and compared them to each to the HH PPS national standardized 60- rule that imposes substantial direct other. Based on our assumption that
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outliers, as a percentage of total HH PPS approximate 2.5 percent target for in the percentage change in estimated payments, will be no more than 5 outliers as a percentage of total HH PPS total payments from CY 2009 to CY percent in CY 2009, the 2009 baseline, payments, a 0.67 FDL ratio, and a 10 2010. Again, we believe that the major for the purposes of these simulations, percent outlier cap. contributors to the estimated decreases we assumed that the full 5 percent The overall percentage change, for all in payments in these areas of the outlay for outliers will be paid under HHAs, in estimated total payments from country are those with high and suspect our policy in 2009 of a 0.89 FDL ratio. CY 2009 to CY 2010 is a decrease of outlier payments. approximately 1.03 percent. Rural As described in section III.A. of this The last section of Table 7 shows the final rule, given our CY 2010 policies of HHAs, however, are estimated to see an percentage change in payments by a 0.67 FDL ratio and a 10 percent cap increase in payments from CY 2009 to agency size, as determined by the on outlier payments, we will return 2.5 CY 2010 of about 3.27 percent. On the number of first episodes. The agency percent back into the national other hand, urban HHAs are expected to size categories, for this rule, are based standardized 60-day episode payment see a decrease of approximately 1.81 on the number of first episodes in a rates, the national per-visit rates, the percent in payments from CY 2009 to random 20 percent beneficiary sample LUPA add-on payment amount, and the CY 2010. NRS conversion factor, and then Voluntary non-profit HHAs (3.36 of CY 2007 claims data. Initial episodes, estimate outlier payments to be percent), facility-based HHAs (3.72 under the HH PPS, are defined as the approximately 2.5 percent of total HH percent), and government owned HHAs first episode in a series of adjacent PPS payments in CY 2010. All three (2.94 percent) are estimated to see an episodes (contiguous episodes that are simulations use a CBSA-based wage increase in the percentage change in separated by no more than a 60-day index reported on the 2007 claims to estimated total payments from CY 2009 period between episodes) for a given determine the appropriate wage index. to CY 2010. Proprietary and beneficiary. Initial, or first, episodes are The first simulation estimates CY freestanding HHAs, on the other hand, a good estimate of agency size, because 2009 payments under the current are estimated to see decreases of 3.32 this method approximates the number system (to include the 2009 wage percent and 1.90 percent, respectively, of admissions experienced by the index). The second simulation estimates in estimated total payments from CY agency based on approximately one-fifth CY 2009 payments under the current 2009 to CY 2010. Freestanding HHAs, of the total annual data. The size system, but with the 2010 wage index. broken out, show that voluntary non- categories were set to have roughly The second simulation produces an profit and governmental HHAs are equal numbers of agencies, except that estimate of what total payments using estimated to see increases of 3.47 the highest category has somewhat more the sample data will have been in CY percent and 3.48 percent, respectively, agencies because added detail amongst 2009 without any of the provisions in in estimated total payments from CY the large size category was not needed. this rule, except for that of the 2010 2009 to CY 2010. As such, the size categories for these wage index. The third simulation HHAs in the North and Midwest impact analyses are: less than 19 first estimates CY 2010 payments with the regions are expected to experience a episodes, 20 to 49 first episodes, 50 to 2010 wage index, incorporating our percentage change increase in the 99 first episodes, 100 to 199 first maintaining of the 2.75 percent estimated total payments from CY 2009 episodes, and 200 or more first reduction to the HH PPS rates, as well to CY 2010 of 3.66 percent and 3.48 episodes. Larger HHAs (those with 200 as all the provisions of this rule. percent, respectively. HHAs in the or more Medicare home health initial These simulations demonstrate the South and West regions of the country episodes per year) are estimated to effects of: a new 2010 wage index, a 2.75 are estimated to experience decreases in experience an increase in payments percent reduction to account for the the percentage change in estimated total from CY 2009 to CY 2010 of increase in nominal case-mix, a 2.0 payments from CY 2009 to CY 2010 of approximately 2.27 percent. Mid-size to percent market basket update, a 2.5 4.19 percent and 1.70 percent. We small agencies are expected to see a percent increase to account for a new believe that the major contributors to decrease in their payments in CY 2010, outlier target of 2.5 percent, a 0.67 FDL the estimated decreases in payments in ranging from 1.95 percent to 16.08 ratio, and a 10 percent cap on outlier these areas of the country are those with percent. However, we believe that the payments. Specifically, the second high and suspect outlier payments. major contributors to the estimated column of Table 7 shows the percent Breaking this down even further, it is decreases in payments for mid-size to change due to the effects of the 2010 estimated that New England, Mid small agencies are those agencies in wage index. The third column of Table Atlantic, East South Central, East North areas of the country with high and 7 shows the percent change due to the Central, West North Central, and suspect outlier payments. Consequently, combined effects of the 2010 wage Mountain area HHAs are all expected to as we did in the proposed rule, we have index, our maintaining of a 2.75 percent experience increases in their payments provided a more detailed discussion, reductions to the rates to account for the in CY 2010 ranging from almost 2 and analysis in Table 8 below, that increase in nominal case-mix, the 2.0 percent to almost 5 percent. Conversely, demonstrates where, in the country, percent home health market basket South Atlantic and Pacific HHAs are these estimated large decreases for mid- update, the 2.5 percent increase to the expected to experience decreases, 11.84 size to small agencies are occurring. HH PPS rates to account for an percent and 3.09 percent respectively, BILLING CODE 4120–01–P
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BILLING CODE 4120–01–C majority of the negative impact is country, reflect similar results. Given the overall large negative occurring in areas of the country (such Conversely, small HHAs in most other impact observed by smaller agencies, we as the South and South Atlantic) where parts of the country are estimated to see performed more detailed analysis there exist high and suspect outlier increases in payments in CY 2010, targeted at identifying where the large payments. Specifically, in columns 3, 4, ranging from 0.20 percent to almost 5 negative impacts were occurring. Table and 5 of Table 8, for the South Atlantic percent. Consequently, we believe that 8 below presents the results of the area of the country (which includes small HHAs without high and suspect regional analysis for small agencies. Miami-Dade, Florida), the negative outlier payments, on average, will see a Column 1, of Table 8, shows the percentage impacts in payment ranging positive impact on their payments in CY regional and agency size classifications from around 40 percent to just over 53 2010. We do not believe there will be similar to those in Table 7. In column percent are evidence that it is the high any significant impact on beneficiaries, 2 we repeat the overall impacts (from and suspect outlier payments in areas as a result of the provisions of this rule. Table 7) for those classifications. In such as this, that are skewing the results columns 3 through 7, we drill down in of the overall impact analysis. Estimated Areas where negative impacts have been our analysis, looking at those impacts for small agencies in the South estimated for HHAs, are primarily classifications by the size of the agency (negative impacts ranging around 15 urban, and thus we believe that (as defined by the number of first percent to 22 percent) and the Pacific beneficiaries have a reasonable pool of episodes). It is clear from this analysis (negative impacts ranging from around HHAs from which to receive home that, for smaller agencies, the vast 12 percent to 17 percent) areas of the health services.
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C. Accounting Statement and Table TABLE 9—ACCOUNTING STATEMENT: D. Conclusion Whenever a rule is considered a CLASSIFICATION OF ESTIMATED EX- In conclusion, we estimate that the significant rule under Executive Order PENDITURES, FROM THE 2009 HH net impact of the proposals in this rule, 12866, we are required to develop an PPS CALENDAR YEAR TO THE 2010 including a 2.75 percent reduction to Accounting Statement showing the HH PPS CALENDAR YEAR the national standardized 60-day classification of the expenditures episode rates and the NRS conversion associated with the provisions of this Category Transfers factor to account for the case-mix rule. change adjustment, is approximately Table 9, below provides our best Annualized Negative transfer—Esti- $140 million in CY 2010 savings. The estimate of the decrease in Medicare Monetized mated decrease in ex- $140 million impact reflects the payments under the HH PPS as a result Transfers. penditures: $140 million. distributional effects of an updated of the changes presented in this rule From Whom to Federal Government to HH wage index (¥$10 million) as well as based on the best available data. The Whom. Providers. the final 2.0 percent home health market expenditures are classified as a transfer basket increase (an additional $350 to the Federal Government of $140 million in CY 2010 expenditures million. attributable only to the CY 2010 home
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health market basket), and the 2.75 necessary part of the medical treatment § 409.44 Skilled services requirements. percent decrease (¥$480 million for the must require the involvement of * * * * * third year of a 4-year phase-in) to the licensed nurses to promote the patient’s (b) * * * national standardized 60-day episode recovery and medical safety in view of (1) Skilled nursing care consists of rates and the NRS conversion factor to the overall condition. Where nursing those services that must, under State account for the case-mix change visits are not needed to observe and law, be performed by a registered nurse, adjustment under the HH PPS. This assess the effects of the non-skilled or practical (vocational) nurse, as analysis above, together with the services being provided to treat the defined in § 484.4 of this chapter, meet remainder of this preamble, provides a illness or injury, skilled nursing care the criteria for skilled nursing services Regulatory Impact Analysis. would not be considered reasonable and specified in § 409.32, and meet the In accordance with the provisions of necessary, and the management and qualifications for coverage of skilled Executive Order 12866, this regulation evaluation of the care plan would not be services specified in § 409.42(c). See was reviewed by the Office of considered a skilled service. In some § 409.33(a) and (b) for a description of Management and Budget. cases, the condition of the patient may skilled nursing services and examples of List of Subjects cause a service that would originally be them. considered unskilled to be considered a * * * * * 42 CFR Part 409 skilled nursing service. This would Health facilities, Medicare. occur when the patient’s underlying PART 424—CONDITIONS FOR condition or complication requires that MEDICARE PAYMENT 42 CFR Part 424 only a registered nurse can ensure that Emergency medical services, Health essential non-skilled care is achieving ■ 5. The authority citation for part 424 facilities, Health professions, Medicare, its purpose. The registered nurse is continues to read as follows: Reporting and recordkeeping ensuring that service is safely and Authority: Secs. 1102 and 1871 of the requirements. effectively performed. However, a Social Security Act (42 U.S.C. 1302 and service is not considered a skilled 1395hh). 42 CFR Part 484 nursing service merely because it is ■ 6. Section 424.22 is amended as Health facilities, Health professions, performed by or under the supervision follows: Medicare, Reporting and recordkeeping of a licensed nurse. Where a service can ■ A. Revising paragraph (a)(1)(i); requirements. be safely and effectively performed (or ■ B. Revising paragraph (b)(2). ■ For the reasons set forth in the self administered) by non-licensed staff preamble, the Centers for Medicare & without the direct supervision of a § 424.22 Requirements for home health Medicaid Services amends 42 CFR nurse, the service cannot be regarded as services. chapter IV as set forth below: a skilled service even if a nurse actually (a) * * * provides the service. (1) * * * PART 409—HOSPITAL INSURANCE (ii) In the home health setting, skilled (i) The individual needs or needed BENEFITS education services are no longer needed intermittent skilled nursing care, or ■ 1. The authority citation for part 409 if it becomes apparent, after a physical or speech therapy, or (for the continues to read as follows: reasonable period of time, that the period from July through November 30, patient, family, or caregiver could not or 1981) occupational therapy. If a Authority: Secs. 1102 and 1871 of the would not be trained. Further teaching patient’s underlying condition or Social Security Act (42 U.S.C. 1302 and and training would cease to be complication requires a registered nurse 1395hh). reasonable and necessary in this case, to ensure that essential non-skilled care ■ 2. Section 409.42 is amended by and would cease to be considered a is achieving its purpose, and revising paragraph (c)(1) to read as skilled service. Notwithstanding that the necessitates a registered nurse be follows: teaching or training was unsuccessful, involved in the development, § 409.42 Beneficiary qualifications for the services for teaching and training management, and evaluation of a coverage of services. would be considered to be reasonable patient’s care plan, the physician will * * * * * and necessary prior to the point that it include a brief narrative describing the (c) * * * became apparent that the teaching or clinical justification of this need. If the (1) Intermittent skilled nursing training was unsuccessful, as long as narrative is part of the certification or services that meet the criteria for skilled such services were appropriate to the recertification form, then the narrative services and the need for skilled patient’s illness, functional loss, or must be located immediately prior to services found in § 409.32. (Also see injury. the physician’s signature. If the § 409.33(a) and (b) for a description of * * * * * narrative exists as an addendum to the certification or recertification form, in examples of skilled nursing and ■ 3. Section 409.43 is amended by rehabilitation services.) These criteria addition to the physician’s signature on revising paragraph (e)(1)(ii) to read as the certification or recertification form, are subject to the following limitations follows: in the home health setting: the physician must sign immediately (i) In the home health setting, § 409.43 Plan of care requirements. following the narrative in the management and evaluation of a patient * * * * * addendum. care plan is considered a reasonable and (e) * * * * * * * * necessary skilled service when (1) * * * (b) * * * underlying conditions or complications (2) Content and basis of (ii) Significant change in condition; or are such that only a registered nurse can recertification. The recertification ensure that essential non-skilled care is * * * * * statement must indicate the continuing achieving its purpose. To be considered ■ 4. Section 409.44 is amended by need for services and estimate how a skilled service, the complexity of the revising the introductory text of much longer the services will be necessary unskilled services that are a paragraph (b)(1) to read as follows: required. Need for occupational therapy
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may be the basis for continuing services (ii) [Reserved] (ii) Significant change in condition; or that were initiated because the * * * * * * * * * * individual needed skilled nursing care ■ 8. Section 424.550 is amended by or physical therapy or speech therapy. adding paragraph (b)(1) and adding and Subpart E—Prospective Payment If a patient’s underlying condition or reserving paragraph (b)(2), to read as System for Home Health Agencies complication requires a registered nurse follows: to ensure that essential non-skilled care ■ 11. Section 484.210 is amended by is achieving its purpose, and § 424.550 Prohibitions on the sale or revising paragraph (e) to read as follows: necessitates a registered nurse be transfer of billing privileges. involved in the development, § 484.210 Data used for the calculation of * * * * * the national prospective 60-day episode management, and evaluation of a (b) * * * payment. patient’s care plan, the physician will (1) If an owner of a home health include a brief narrative describing the agency sells (including asset sales or * * * * * clinical justification of this need. If the stock transfers), transfers or relinquishes (e) OASIS assessment data and other narrative is part of the certification or ownership of the HHA within 36 data that account for the relative recertification form, then the narrative months after the effective date of the resource utilization for different HHA must be located immediately prior to HHA’s enrollment in Medicare, the Medicare patient case-mix. An HHA the physician’s signature. If the provider agreement and Medicare must submit to CMS the OASIS data narrative exists as an addendum to the billing privileges do not convey to the described at § 484.55(b)(1) and (d)(1) in certification or recertification form, in new owner. The prospective provider/ order for CMS to administer the addition to the physician’s signature on owner of the HHA must instead: payment rate methodologies described the certification or recertification form, (i) Enroll in the Medicare program as in §§ 484.215, 484.230 and 484.235. the physician must sign immediately a new HHA under the provisions of ■ 12. Revise § 484.250 to read as following the narrative in the § 424.510, and follows: addendum. (ii) Obtain a State survey or an § 484.250 Patient assessment data. * * * * * accreditation from an approved ■ 7. Section 424.540 is amended by accreditation organization. An HHA must submit to CMS the revising paragraph (b)(3) to read as (2) [Reserved] OASIS data described at § 484.55(b)(1) follows: * * * * * and (d)(1) in order for CMS to administer the payment rate § 424.540 Deactivation of Medicare billing PART 484—HOME HEALTH SERVICES methodologies described in §§ 484.215, privileges. 484.230, and 484.235. ■ * * * * * 9. The authority citation for part 484 continues to read as follows: Authority: (Catalog of Federal Domestic (b) * * * Assistance Program No. 93.773, Medicare— (3) Except as provided in paragraph Authority: Secs. 1102 and 1871 of the Hospital Insurance; and Program No. 93.774, (b)(3)(i) of this section, reactivation of Social Security Act (42 U.S.C. 1302 and Medicare—Supplementary Medical Medicare billing privileges does not 1395(hh)). Insurance Program) require a new certification of the Dated: October 15, 2009. provider or supplier by the State survey Subpart C—Furnishing of Services Charlene Frizzera, agency or the establishment of a new ■ 10. Section 484.55 is amended by provider agreement. Acting Administrator, Centers for Medicare revising paragraph (d)(1)(ii) to read as & Medicaid Services. (i) An HHA whose Medicare billing follows: privileges are deactivated under the Dated: October 29, 2009. provisions found at paragraph (a) of this § 484.55 Condition of participation: Kathleen Sebelius, section must obtain an initial State Comprehensive assessment of patients. Secretary. survey or accreditation by an approved * * * * * Note: The following addenda will not be accreditation organization before its (d) * * * published in the Code of Federal Regulations. Medicare billing privileges can be (1) * * * reactivated. (i) * * * BILLING CODE 4120–01–P
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[FR Doc. E9–26503 Filed 10–30–09; 4:15 pm] BILLING CODE 4120–01–C
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Part III
The President Notice of November 6, 2009— Continuation of Emergency with Respect to Weapons of Mass Destruction
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Federal Register Presidential Documents Vol. 74, No. 216
Tuesday, November 10, 2009
Title 3— Notice of November 6, 2009
The President Continuation of Emergency with Respect to Weapons of Mass Destruction
On November 14, 1994, by Executive Order 12938, the President declared a national emergency with respect to the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States posed by the proliferation of nuclear, biological, and chemical weapons (weapons of mass destruction) and the means of delivering such weapons. On July 28, 1998, the President issued Executive Order 13094 amending Executive Order 12938 to respond more effectively to the worldwide threat of weapons of mass destruction proliferation activities. On June 28, 2005, the President issued Executive Order 13382 that, inter alia, further amended Executive Order 12938 to improve our ability to combat proliferation. The proliferation of weapons of mass destruction and the means of delivering them continues to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States; therefore, the national emergency first declared on November 14, 1994, and extended in each subsequent year, must continue. In accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 12938, as amend- ed. This notice shall be published in the Federal Register and transmitted to the Congress.
THE WHITE HOUSE, November 6, 2009. [FR Doc. E9–27239 Filed 11–9–09; 11:15 am] Billing code 3195–W9–P
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Reader Aids Federal Register Vol. 74, No. 216 Tuesday, November 10, 2009
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 39 ...... 56710, 56713, 56717, Presidential Documents 3 CFR 57402, 57405, 57408, 57411, Executive orders and proclamations 741–6000 Proclamations: 57559, 57561, 57564, 57567, The United States Government Manual 741–6000410 vc 8444...... 57225 57571, 57574, 57577, 57578 8445...... 57227 Other Services 71...... 57246 8446...... 57229 Proposed Rules: Electronic and on-line services (voice) 741–6020 8447...... 57231 39 ...... 56748, 57264, 57266, Privacy Act Compilation 741–6064 8448...... 57233 57268, 57271, 57273, 57277 Public Laws Update Service (numbers, dates, etc.) 741–6043 8449...... 57235 71 ...... 57616, 57617, 57618, TTY for the deaf-and-hard-of-hearing 741–6086 8450...... 57237 57620, 57621 Executive Orders: 15 CFR ELECTRONIC RESEARCH 13183 (amended by 13517) ...... 57239 744...... 57061 World Wide Web 13462 (amended by 774...... 57581 Full text of the daily Federal Register, CFR and other publications 13516) ...... 57241 16 CFR is located at: http://www.gpoaccess.gov/nara/index.html 13494 (amended by Proposed Rules: Federal Register information and research tools, including Public 13517) ...... 57239 305...... 57950 Inspection List, indexes, and links to GPO Access are located at: 13516...... 56521, 57241 13517...... 57239 http://www.archives.gov/federallregister 17 CFR Administrative Orders: E-mail Memorandums: 4...... 57585 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Memo. of Nov. 5, 211...... 57062 an open e-mail service that provides subscribers with a digital 2009 ...... 57881 18 CFR form of the Federal Register Table of Contents. The digital form Notices: 375...... 57246 of the Federal Register Table of Contents includes HTML and Notice of Nov. 6, PDF links to the full text of each document. 2009 ...... 58187 19 CFR To join or leave, go to http://listserv.access.gpo.gov and select 5 CFR Proposed Rules: Online mailing list archives, FEDREGTOC-L, Join or leave the list 113...... 57125 (or change settings); then follow the instructions. Proposed Rules: 191...... 57125 731...... 56747 PENS (Public Law Electronic Notification Service) is an e-mail 1604...... 57125 20 CFR service that notifies subscribers of recently enacted laws. 1651...... 57125 1910...... 57883 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 1653...... 57125 Proposed Rules: and select Join or leave the list (or change settings); then follow 1690...... 57125 404 ...... 57970, 57971, 57972 the instructions. 7 CFR 21 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot respond to specific inquiries. 11...... 57401 73...... 57248 301...... 57243 Reference questions. Send questions and comments about the Proposed Rules: 319...... 56523 4...... 57973 Federal Register system to: [email protected] 354...... 57057 The Federal Register staff cannot interpret specific documents or 966...... 57057 26 CFR regulations. 983...... 56526, 565231 1...... 57251, 57252 Reminders. Effective January 1, 2009, the Reminders, including 984...... 56693 602...... 57252 987...... 56697 Rules Going Into Effect and Comments Due Next Week, no longer 29 CFR appear in the Reader Aids section of the Federal Register. This 1710...... 56542 information can be found online at http://www.regulations.gov. Proposed Rules: Proposed Rules: 1710...... 56569 1202...... 56750, 57427 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 1206...... 56750, 57427 longer appears in the Federal Register. This information can be 9 CFR 1910...... 57278, 57976 found online at http://bookstore.gpo.gov/. 78...... 57245 1915...... 57278 1926...... 57278 FEDERAL REGISTER PAGES AND DATE, NOVEMBER 10 CFR 31 CFR 56521–56692...... 2 Proposed Rules: 285...... 56719 430...... 56928 56693–57056...... 3 501...... 57593 431...... 57738 57057–57238...... 4 32 CFR 57239–57400...... 5 13 CFR 806b...... 57414 57401–57558...... 6 126...... 56699 Proposed Rules: 57559–57882...... 9 806b...... 57427 57883–58188...... 10 14 CFR 23...... 57060 33 CFR 25...... 56702, 56706 117...... 57884
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165 ...... 57070, 57415, 57886, 57074, 57612, 57904, 57907 413...... 57127 49 CFR 141...... 57908 57888 414...... 57127 Proposed Rules: 180 ...... 57076, 57078, 57081 Proposed Rules: 571...... 57623 261...... 57418 44 CFR 117...... 57975 633...... 57986 165...... 57427 300...... 57085 65...... 57921 721...... 57424 67 ...... 57923, 57928, 57944 38 CFR Proposed Rules: Proposed Rules: 50 CFR 3...... 57072 51...... 57126 67...... 57979 17...... 56978 200...... 57608 52 ...... 56754, 57049, 57055, 20...... 57615 57126, 57622, 57978 46 CFR 300...... 57105 39 CFR 70...... 57126 Proposed Rules: 622...... 57261 20...... 57890 71...... 57126 540...... 56756 648...... 56562 111...... 57899 721...... 57430 660...... 57117, 57425 3001...... 57252 47 CFR 679 ...... 56728, 56734, 57262, 3004...... 57252 42 CFR 2...... 57092 57949 3020...... 56544 34...... 56547 25...... 57092 Proposed Rules: Proposed Rules: 52...... 57918 73 ...... 56726, 56727, 57103, 17 ...... 56757, 56770, 57804, 3050...... 57280 409...... 58078 57104, 57260 57987 424...... 58078 Proposed Rules: 223...... 57436 40 CFR 484...... 58078 36...... 57982 224...... 57436 51...... 56721 Proposed Rules: 54...... 57982 635...... 57128 52 ...... 56721, 57048, 57051, 410...... 57127 73 ...... 57281, 57282, 57283 648...... 57134
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text will also be made United States posthumously. available on the Internet from (Nov. 6, 2009; 123 Stat. 2999) LIST OF PUBLIC LAWS GPO Access at http:// S. 832/P.L. 111–95 www.gpoaccess.gov/plaws/ Public Laws Electronic This is a continuing list of index.html. Some laws may To amend title 36, United Notification Service public bills from the current not yet be available. States Code, to grant a (PENS) session of Congress which Federal charter to the Military have become Federal laws. It H.R. 1209/P.L. 111–91 Officers Association of may be used in conjunction Medal of Honor America, and for other with ‘‘P L U S’’ (Public Laws Commemorative Coin Act of purposes. (Nov. 6, 2009; 123 PENS is a free electronic mail Update Service) on 202–741– 2009 (Nov. 6, 2009; 123 Stat. Stat. 3001) 6043. This list is also 2980) notification service of newly enacted public laws. To available online at http:// H.R. 3548/P.L. 111–92 S. 1694/P.L. 111–96 subscribe, go to http:// www.archives.gov/federal- Worker, Homeownership, and To allow the funding for the register/laws.html. Business Assistance Act of interoperable emergency listserv.gsa.gov/archives/ publaws-l.html The text of laws is not 2009 (Nov. 6, 2009; 123 Stat. communications grant program published in the Federal 2984) established under the Digital Register but may be ordered H.R. 3606/P.L. 111–93 Television Transition and Note: This service is strictly in ‘‘slip law’’ (individual Credit CARD Technical Public Safety Act of 2005 to for E-mail notification of new pamphlet) form from the Corrections Act of 2009 (Nov. remain available until laws. The text of laws is not Superintendent of Documents, 6, 2009; 123 Stat. 2998) expended through fiscal year available through this service. U.S. Government Printing H.J. Res. 26/P.L. 111–94 2012, and for other purposes. PENS cannot respond to Office, Washington, DC 20402 Proclaiming Casimir Pulaski to (Nov. 6, 2009; 123 Stat. 3005) specific inquiries sent to this (phone, 202–512–1808). The be an honorary citizen of the Last List November 5, 2009 address.
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