12–4–08 Thursday Vol. 73 No. 234 Dec. 4, 2008

Pages 73761–73994

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Contents Federal Register Vol. 73, No. 234

Thursday, December 4, 2008

Agricultural Marketing Service Change in Status of an Extended Benefit (EB) Period for RULES Oregon, 73959 Walnuts Grown in California; Decreased Assessment Rate, 73761–73764 Energy Department See Federal Energy Regulatory Commission Agricultural Research Service See Western Area Power Administration NOTICES Intent to Grant Exclusive License: Cherokee Fabrication of Salem, AL, 73901 Environmental Protection Agency RULES Agriculture Department Control of Emissions from Nonroad Spark-Ignition Engines See Agricultural Marketing Service and Equipment; Correction, 73789 See Agricultural Research Service NOTICES See Animal and Plant Health Inspection Service Exposure Assessment of Polybrominated Diphenyl Ethers, See Commodity Credit Corporation 73930–73931 See Forest Service See National Agricultural Statistics Service Executive Office of the President See Presidential Documents Air Force Department NOTICES Privacy Act; Systems of Records, 73924–73927 Federal Aviation Administration RULES Animal and Plant Health Inspection Service Airworthiness Directives: NOTICES Bombardier Model CL 600 2B19 (Regional Jet Series 100 Agency Information Collection Activities; Proposals, & 440) Airplanes, 73785–73788 Submissions, and Approvals: Pratt & Whitney PW4000 Series 94 Inch Fan Turbofan Standards for Privately Owned Quarantine Facilities for Engines, 73782–73785 Ruminants; Correction, 73901 Amateur Rocket Activities Requirements, 73768–73782 NOTICES Children and Families Administration Personnel Parachute Assemblies TSO-C23e; Cancellation, NOTICES 73986 Agency Information Collection Activities; Proposals, Petition for Exemption; Summary of Petition Received, Submissions, and Approvals, 73934–73936 73986–73987

Civil Rights Commission Federal Communications Commission NOTICES NOTICES Meetings; Sunshine Act, 73907 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 73931–73933 Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Federal Emergency Management Agency NOTICES Commodity Credit Corporation Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 73949–73950 Milk Income Loss Contract Program and Price Support Program for Milk, 73764–73768 Federal Energy Regulatory Commission NOTICES Defense Department Applications: See Air Force Department Monadnock Paper Mills, Inc., 73927 PROPOSED RULES Environmental Impact Statements; Availability, etc.: Defense Support of Civil Authorities (DSCA), 73896–73900 Northwest Pipeline GP; Sundance Trail Expansion NOTICES Project, 73927–73929 Privacy Act; Systems of Records, 73923–73924 Issuance of Order: Employment and Training Administration Pennsylvania Windfarms, Inc., 73929 NOTICES Agency Information Collection Activities; Proposals, Federal Reserve System Submissions, and Approvals: NOTICES Reemployment and Eligibility Assessments Workloads Change in Bank Control Notices; Acquisition of Shares of Report et al., 73957–73958 Bank or Bank Holding Companies, 73933 Unemployment Insurance (UI) Trust Fund Activities Formations of, Acquisitions by, and Mergers of Bank Reports, 73958–73959 Holding Companies, 73933–73934

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Fish and Wildlife Service Justice Department RULES See Parole Commission Endangered and Threatened Wildlife and Plants: Designation of Critical Habitat for 12 Species of Picture- Labor Department wing Flies from the Hawaiian Islands, 73794–73895 See Employment and Training Administration NOTICES Final Comprehensive Conservation Plan and Finding of No Land Management Bureau Significant Impact: RULES Currituck National Wildlife Refuge, Currituck County, Mining Claims Under the General Mining Laws, 73789– NC, 73951–73952 73794

Food and Drug Administration National Agricultural Statistics Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 73906–73907 Food Contact Substances Notification System, 73936– 73938 National Archives and Records Administration Reclassification Petitions for Medical Devices, 73938– NOTICES 73939 Records Schedules; Availability and Request for Comments, Regulations Under the Federal Import Milk Act, 73939– 73959–73960 73940 Cooperative Manufacturing Arrangements for Licensed National Institute for Literacy Biologics; Guidance for Industry, 73940–73941 NOTICES Memorandum of Understanding Between the Food and Meetings: Drug Administration and WebMD, LLC, 73941–73947 National Institute for Literacy Advisory Board; Closed Teleconference, 73960–73961 Foreign Assets Control Office RULES National Institutes of Health Iranian Transactions Regulations, 73788–73789 NOTICES Forest Service Meetings: Center for Scientific Review, 73947 NOTICES Interagency Autism Coordinating Committee (IACC), California Recreation Resource Advisory Committee; 73947 Request for Applications, 73901–73902 National Cancer Institute, 73947 Environmental Impact Statements; Availability, etc.: National Institute of General Medical Sciences, 73948 Clearwater National Forest; ID; Upper Lochsa Land National Institute of Mental Health, 73948 Exchange, 73902–73904 National Institute of Neurological Disorders and Stroke Plumas National Forest; CA; Moonlight and Wheeler Special Emphasis Panel, etc., 73948–73949 Fires Recovery and Restoration Project, 73904–73906 National Institute on Alcohol Abuse and Alcoholism, Health and Human Services Department 73949 See Children and Families Administration See Food and Drug Administration National Oceanic and Atmospheric Administration See National Institutes of Health NOTICES Fisheries of the Exclusive Economic Zone Off Alaska: Homeland Security Department North Pacific Halibut and Sablefish Individual Fishing See Federal Emergency Management Agency Quota Cost Recovery Programs, 73908–73913 See U.S. Immigration and Customs Enforcement Incidental Takes of Marine Mammals During Specified Activities: Interior Department Beach Boulevard AICWW Bridge Blasting Project, Duval See Fish and Wildlife Service County, FL, 73913–73922 See Land Management Bureau Marine Mammals; Issuance of Permit Amendment, 73922– See National Park Service 73923

International Trade Administration National Park Service NOTICES NOTICES Export Trade Certificate of Review: Inventory Completion: Application From Golden Tree Trading Company Robert S. Peabody Museum of Archaeology, Phillips (‘‘GTTC’’), 73907–73908 Academy, Andover, MA, 73952–73954 Inventory Completions: International Trade Commission Michigan Department of Natural Resources, Mackinac NOTICES State Historic Parks, Mackinaw City, MI, 73954– Investigations: 73955 Certain Integrated Circuits and Products Containing Same, 73955 Nuclear Regulatory Commission Citric Acid and Certain Citrate Salts from Canada and NOTICES China, 73955–73957 Commonwealth of Virginia; NRC Staff Assessment of a Meetings; Sunshine Act, 73957 Proposed Agreement, 73961–73965

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Orders Imposing Additional Security Measures: Transportation Department Certain Licensees Authorized to Possess and Transfer See Federal Aviation Administration Items Containing Radioactive Material Quantities of Concern, 73965–73973 Treasury Department See Foreign Assets Control Office Overseas Private Investment Corporation See Thrift Supervision Office NOTICES Meetings; Sunshine Act, 73973–73974 U.S. Immigration and Customs Enforcement NOTICES Parole Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 73950–73951 Meetings; Sunshine Act, 73957 Western Area Power Administration Presidential Documents NOTICES EXECUTIVE ORDERS Request for Interest for Purchase of Renewable Energy Government agencies and employees: Products, 73929–73930 Federal Labor-Management Relations Program; exclusions (EO 13480), 73989–73993 Separate Parts In This Issue State Department NOTICES Part II Bureau of Educational and Cultural Affairs (ECA) Request Executive Office of the President, Presidential Documents, for Grant Proposals: 73989–73993 Open Competition for Professional Exchange Programs in Africa, East Asia, Europe, the Near East, North Africa, South Central Asia et al., 73974–73986 Reader Aids Statistical Reporting Service Consult the Reader Aids section at the end of this issue for See National Agricultural Statistics Service phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Thrift Supervision Office To subscribe to the Federal Register Table of Contents NOTICES LISTSERV electronic mailing list, go to http:// Appointment of Receiver: listserv.access.gpo.gov and select Online mailing list Downey Savings and Loan Association, F.A.; Newport archives, FEDREGTOC-L, Join or leave the list (or change Beach, CA, 73987 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Executive Orders: 12171 (amended by 13480) ...... 73991 13480...... 73991 7 CFR 984...... 73761 1430...... 73764 14 CFR 1...... 73768 39 (2 documents) ...... 73782, 73785 101...... 73768 400...... 73768 401...... 73768 420...... 73768 31 CFR 560...... 73788 32 CFR Proposed Rules: 185...... 73896 40 CFR 1045...... 73789 1054...... 73789 1065...... 73789 43 CFR 3800...... 73789 50 CFR 17...... 73794

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Rules and Regulations Federal Register Vol. 73, No. 234

Thursday, December 4, 2008

This section of the FEDERAL REGISTER Office of the Docket Clerk during regular section 608c(15)(A) of the Act, any contains regulatory documents having general business hours, or can be viewed at: handler subject to an order may file applicability and legal effect, most of which http://www.regulations.gov. All with USDA a petition stating that the are keyed to and codified in the Code of comments should reference the docket order, any provision of the order, or any Federal Regulations, which is published under number and the date and page number obligation imposed in connection with 50 titles pursuant to 44 U.S.C. 1510. of this issue of the Federal Register and the order is not in accordance with law The Code of Federal Regulations is sold by will be available for public inspection in and request a modification of the order the Superintendent of Documents. Prices of the Office of the Docket Clerk during or to be exempted therefrom. Such new books are listed in the first FEDERAL regular business hours, or can be viewed handler is afforded the opportunity for REGISTER issue of each week. at the Web site referenced above. a hearing on the petition. After the FOR FURTHER INFORMATION CONTACT: hearing, USDA would rule on the Debbie Wray, Marketing Specialist, or petition. The Act provides that the DEPARTMENT OF AGRICULTURE Kurt J. Kimmel, Regional Manager, district court of the United States in any California Marketing Field Office, district in which the handler is an Agricultural Marketing Service Marketing Order Administration inhabitant, or has his or her principal Branch, Fruit and Vegetable Programs, place of business, has jurisdiction to 7 CFR Part 984 AMS, USDA; Telephone: (559) 487– review USDA’s ruling on the petition, [Docket No. AMS–FV–08–0093; FV09–984– 5901, Fax: (559) 487–5906, or E-mail: provided an action is filed not later than 2 IFR] [email protected], or 20 days after the date of the entry of the [email protected]. ruling. Walnuts Grown in California; Small businesses may request This rule decreases the assessment Decreased Assessment Rate information on complying with this rate established for the Board for the AGENCY: Agricultural Marketing Service, regulation by contacting Jay Guerber, 2008–09 and subsequent marketing USDA. Marketing Order Administration years from $0.0158 to $0.0131 per ACTION: Interim final rule with request Branch, Fruit and Vegetable Programs, kernelweight pound of assessable for comments. AMS, USDA, 1400 Independence walnuts. Avenue, SW., STOP 0237, Washington, The California walnut marketing SUMMARY: This rule decreases the DC 20250–0237; Telephone: (202) 720– order provides authority for the Board, assessment rate established for the 2491, Fax: (202) 720–8938, or E-mail: with the approval of USDA, to formulate California Walnut Board (Board) for the [email protected]. an annual budget of expenses and 2008–09 and subsequent marketing SUPPLEMENTARY INFORMATION: This rule collect assessments from handlers to years from $0.0158 to $0.0131 per is issued under Marketing Order No. administer the program. The members kernelweight pound of assessable 984, as amended (7 CFR part 984), of the Board are producers and handlers walnuts. The Board locally administers regulating the handling of walnuts of California walnuts. They are familiar the marketing order which regulates the grown in California, hereinafter referred with the Board’s needs and the costs for handling of walnuts grown in to as the ‘‘order.’’ The order is effective goods and services in their local area California. Assessments upon walnut under the Agricultural Marketing and are thus in a position to formulate handlers are used by the Board to fund Agreement Act of 1937, as amended (7 an appropriate budget and assessment reasonable and necessary expenses of U.S.C. 601–674), hereinafter referred to rate. The assessment rate is formulated the program. The marketing year begins as the ‘‘Act.’’ and discussed at a public meeting. September 1 and ends August 31. The The Department of Agriculture Thus, all directly affected persons have assessment rate will remain in effect (USDA) is issuing this rule in an opportunity to participate and indefinitely unless modified, conformance with Executive Order provide input. suspended, or terminated. 12866. For the 2008–09 and subsequent DATES: Effective December 5, 2008. This rule has been reviewed under marketing years, the Board Comments received by February 2, Executive Order 12988, Civil Justice recommended, and USDA approved, an 2009, will be considered prior to Reform. Under the marketing order now assessment rate of $0.0158 per issuance of a final rule. in effect, California walnut handlers are kernelweight pound of assessable ADDRESSES: Interested persons are subject to assessments. Funds to walnuts that would continue in effect invited to submit written comments administer the order are derived from from year to year unless modified, concerning this rule. Comments must be such assessments. It is intended that the suspended, or terminated by USDA sent to the Docket Clerk, Marketing assessment rate as issued herein will be upon recommendation and information Order Administration Branch, Fruit and applicable to all assessable walnuts submitted by the Board or other Vegetable Programs, AMS, USDA, 1400 beginning on September 1, 2008, and information available to the USDA. The Independence Avenue, SW., STOP continue until amended, suspended, or Board recommended this rate in May 0237, Washington, DC 20250–0237; Fax: terminated. This rule will not preempt 2008 along with expenditures of (202) 720–8938; or Internet: http:// any State or local laws, regulations, or $4,594,300 for 2008–09. www.regulations.gov. Comments should policies, unless they present an The Board met on September 12, reference the docket number and the irreconcilable conflict with this rule. 2008, and unanimously recommended date and page number of this issue of The Act provides that administrative reducing its 2008–09 expenditures to the Federal Register and will be proceedings must be exhausted before $3,809,000 and reducing the assessment available for public inspection in the parties may file suit in court. Under rate to $0.0131 per kernelweight pound

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of assessable walnuts. The assessment assessment rate is primarily due to an The following table compares major rate of $0.0131 per kernelweight pound $800,000 decrease in domestic market budget expenditures recommended by of assessable walnuts is $0.0027 per development expenditures previously the Board in May 2008 and September kernelweight pound lower than the rate recommended for the 2008–09 2008 for the 2008–09 marketing year: currently in effect. The decreased marketing year.

Original Revised Budget expense categories 2008–09 2008–09

Employee Expenses ...... $410,500 $410,500 Travel/Board Expenses ...... 100,000 100,000 Office Costs/Annual Audit ...... 142,500 142,500 Program Expenses Including Research: Controlled Purchases ...... 5,000 5,000 Crop Acreage Survey ...... Crop Estimate ...... 110,000 110,000 Production Research * ...... 835,000 835,000 Domestic Market Development ...... 2,935,000 2,135,000 Reserve for Contingency ...... 56,300 71,000 * Includes Research Director’s compensation and a contingency for production research issues.

The assessment rate recommended by and interested persons may express 2007–08 crop was 1.49 tons per acre, the Board was derived by dividing their views at these meetings. USDA which is slightly lower than the 1.53 anticipated expenses by expected will evaluate Board recommendations tons per acre average for the previous shipments of California walnuts and other available information to five years. NASS reported the value of certified as merchantable. Merchantable determine whether modification of the the 2007–08 crop at $2,320 per ton, shipments for the year are estimated at assessment rate is needed. Further which is considerably higher than the 290,773,800 kernelweight pounds rulemaking would be undertaken as previous five-year average of $1,384 per which should provide slightly over necessary. The Board’s 2008–09 budget ton. $3,809,000 in assessment income and and those for subsequent marketing At the time of the 2002 Census of allow the Board to cover its expenses. years will be reviewed and, as Agriculture, which is the most recent Unexpended funds may be retained in appropriate, approved by USDA. information available, approximately 83 a financial reserve, provided that funds percent of California’s walnut farms Initial Regulatory Flexibility Analysis in the financial reserve do not exceed were smaller than 100 acres. Forty- approximately two years’ budgeted Pursuant to requirements set forth in seven percent were between 1 and 15 expenses. If not retained in a financial the Regulatory Flexibility Act (RFA), the acres. A 100-acre farm with an average reserve, unexpended funds may be used Agricultural Marketing Service (AMS) yield of 1.49 tons per acre would have temporarily to defray expenses of the has considered the economic impact of been expected to produce about 149 subsequent marketing year, but must be this rule on small entities. Accordingly, tons of walnuts during 2007–08. At made available to the handlers from AMS has prepared this initial regulatory $2,320 per ton, that farm’s production whom collected within 5 months after flexibility analysis. would have had an approximate value the end of the year, according to The purpose of the RFA is to fit of $345,000. Assuming that the majority § 984.69 of the order. regulatory actions to the scale of of California’s walnut farms are still The estimate for merchantable business subject to such actions in order smaller than 100 acres, it could be shipments is based on historical data, that small businesses will not be unduly concluded that the majority of the which is the prior year’s production of or disproportionately burdened. growers had receipts of less than 323,082 tons (inshell). Pursuant to Marketing orders issued pursuant to the $345,000 in 2007–08. This is well below § 984.51(b) of the order, this figure was Act, and the rules issued thereunder, are the SBA threshold of $750,000; thus, the converted to a merchantable unique in that they are brought about majority of California’s walnut growers kernelweight basis using a factor of 0.45 through group action of essentially would be considered small growers (323,082 tons × 2,000 pounds per ton × small entities acting on their own according to SBA’s definition. 0.45). behalf. According to information supplied by The assessment rate established in There are currently 55 handlers of the industry, approximately two-thirds this rule will continue in effect California walnuts subject to regulation of California’s walnut handlers shipped indefinitely unless modified, under the marketing order, and there are merchantable walnuts valued under suspended, or terminated by USDA approximately 4,000 growers in the $7,000,000 during the 2007–08 upon recommendation and information production area. Small agricultural marketing year and would therefore be submitted by the Board or other service firms are defined by the Small considered small handlers according to available information. Business Administration (SBA) (13 CFR the SBA definition. Although this assessment rate is 121.201) as those having annual receipts This rule decreases the assessment effective for an indefinite period, the of less than $7,000,000, and small rate established for the Board and Board will continue to meet prior to or agricultural producers are defined as collected from handlers for the 2008–09 during each marketing year to those having annual receipts of less than and subsequent marketing years from recommend a budget of expenses and $750,000. $0.0158 per kernelweight pound of consider recommendations for USDA’s National Agricultural assessable walnuts to $0.0131 per modification of the assessment rate. The Statistics Service (NASS) reports that kernelweight pound of assessable dates and times of Board meetings are California walnuts were harvested from walnuts. The Board unanimously available from the Board or USDA. a total of 218,000 bearing acres during recommended 2008–09 expenditures of Board meetings are open to the public 2007–08. The average yield for the $3,809,000 and an assessment rate of

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$0.0131 per kernelweight pound of tons. Thus, the $0.0131 rate should $800,000 decrease in domestic market assessable walnuts. The assessment rate provide slightly over $3,809,000 in development expenditures. of $0.0131 is $0.0027 lower than the rate assessment income and be adequate to The following table compares major currently in effect. The quantity of meet the year’s expenses. The decreased budget expenditures recommended by assessable walnuts for the 2008–09 assessment rate is primarily due to an the Board in May 2008 and September marketing year is estimated at 323,082 2008 for the 2008–09 marketing year:

Original Revised Budget expense categories 2008–09 2008–09

Employee Expenses ...... $410,500 $410,500 Travel/Board Expenses ...... 100,000 100,000 Office Costs/Annual Audit ...... 142,500 142,500 Program Expenses Including Research: Controlled Purchases ...... 5,000 5,000 Crop Acreage Survey ...... Crop Estimate ...... 110,000 110,000 Production Research * ...... 835,000 835,000 Domestic Market Development ...... 2,935,000 2,135,000 Reserve for Contingency ...... 56,300 71,000 * Includes Research Director’s compensation and a contingency for production research issues.

The Board reviewed and unanimously kernelweight pound is divided by the USDA has not identified any relevant recommended 2008–09 expenditures of low and high estimates of the price Federal rules that duplicate, overlap, or $3,809,000. Prior to arriving at this range. The estimated assessment conflict with this rule. budget, the Board considered alternative revenue for the 2008–09 marketing year A small business guide on complying expenditure levels but ultimately as a percentage of total grower revenue with fruit, vegetable, and specialty crop decided that the recommended levels would thus likely range between 0.508 marketing agreements and orders may were reasonable to properly administer and 0.724 percent. be viewed at: the order. The assessment rate This action decreases the assessment http://www.ams.usda.gov/AMSv1.0/ recommended by the Board was derived obligation imposed on handlers. ams.fetchTemplateData.do? by dividing anticipated expenses by Assessments are applied uniformly on template=TemplateN&page=Marketing expected shipments of California all handlers, and some of the costs may OrdersSmallBusinessGuide. Any walnuts certified as merchantable. be passed on to producers. However, questions about the compliance guide Merchantable shipments for the year are decreasing the assessment rate reduces should be sent to Jay Guerber at the estimated at 290,773,800 kernelweight the burden on handlers, and may reduce previously mentioned address in the pounds which should provide the burden on producers. In addition, FOR FURTHER INFORMATION CONTACT $3,809,000 in assessment income and the Board’s meeting was widely section. After consideration of all relevant allow the Board to cover its expenses. publicized throughout the California material presented, including the Unexpended funds may be retained in walnut industry and all interested information and recommendation a financial reserve, provided that funds persons were invited to attend the submitted by the Board and other in the financial reserve do not exceed meeting and participate in Board available information, it is hereby found approximately two years’ budgeted deliberations on all issues. Like all that this rule, as hereinafter set forth, expenses. If not retained in a financial Board meetings, the September 12, will tend to effectuate the declared reserve, unexpended funds may be used 2008, meeting was a public meeting and temporarily to defray expenses of the policy of the Act. all entities, both large and small, were Pursuant to 5 U.S.C. 553, it is also subsequent marketing year, but must be able to express views on this issue. made available to the handlers from found and determined upon good cause Finally, interested persons are invited to that it is impracticable, unnecessary, whom collected within 5 months after submit comments on this interim final the end of the year, according to and contrary to the public interest to rule, including the regulatory and give preliminary notice prior to putting § 984.69 of the order. informational impacts of this action on According to NASS, the season this rule into effect, and that good cause small businesses. average grower price for years 2006 and exists for not postponing the effective 2007 were $1,630 and $2,320 per ton, This action imposes no additional date of this rule until 30 days after respectively. These prices provide a reporting or recordkeeping requirements publication in the Federal Register range within which the 2008–09 season on either small or large California because (1) the 2008–09 marketing year average price could fall. Dividing these walnut handlers. As with all Federal began on September 1, 2008, and the average grower prices by 2,000 pounds marketing order programs, reports and marketing order requires that the rate of per ton provides an inshell price per forms are periodically reviewed to assessment for each year apply to all pound range of $0.815 to $1.16. reduce information requirements and assessable walnuts handled during the Dividing these inshell prices per pound duplication by industry and public year; (2) the action decreases the by the 0.45 conversion factor (inshell to sector agencies. assessment rate for assessable walnuts kernelweight) established in the order AMS is committed to complying with beginning with the 2008–09 marketing yields a 2008–09 price range estimate of the E-Government Act, to promote the year; (3) handlers are aware of this $1.81 to $2.58 per kernelweight pound use of Internet and other information action which was unanimously of assessable walnuts. technologies to provide increased recommended by the Board at a public To calculate the percentage of grower opportunities for citizen access to meeting and is similar to other revenue represented by the assessment Government information and services, assessment rate actions issued in past rate, the assessment rate of $0.0131 per and for other purposes. years; and (4) this interim final rule

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provides a 60-day comment period, and to make changes to that program Also, the rule, as required by the 2008 all comments timely received will be authorized by the 2008 Farm Bill. This Farm Bill, beginning in FY 2009, sets considered prior to finalization of this rule also adjusts the milk price support new eligibility limits tied to the AGI of rule. program regulations to specify that persons or entities seeking payment. support purchases will only be made List of Subjects in 7 CFR Part 984 Payees for the relevant year cannot have from manufacturers and not from third nonfarm income in excess of $500,000. Walnuts, Marketing agreements, Nuts, parties such as brokers. AGI rules will cover multi-program Reporting and recordkeeping DATES: Effective Date: December 1, 2008. regulations to be issued separately. requirements. FOR FURTHER INFORMATION CONTACT: As indicated, there is a per-operation ■ For the reasons set forth in the Danielle Cooke, Special Programs per year pound limit to the MILC preamble, 7 CFR part 984 is amended as Manager, Price Support Division, FSA, payment eligibility of operations. For follows: USDA, STOP 0512, 1400 Independence FY 2009 (October 1, 2008, through Ave., SW., Washington, DC 20250–0512; September 30, 2009), FY 2010 (October PART 984—WALNUTS GROWN IN telephone: (202) 720–1919; fax: (202) CALIFORNIA 1, 2009, through September 30, 2010), 690–1536; e-mail: FY 2011 (October 1, 2010, through ■ 1. The authority citation for 7 CFR [email protected]. Persons September 30, 2011), and FY 2012 part 984 continues to read as follows: with disabilities who require alternative (October 1, 2011, through September 30, means for communication (Braille, large Authority: 7 U.S.C. 601–674. 2012), the limit for each fiscal year is print, audio tape, etc.) should contact 2.985 million pounds. Further, no ■ 2. Section 984.347 is revised to read the USDA Target Center at (202) 720– payments will be made for September as follows: 2600 (voice and TDD). 2012 marketings, as specified in the SUPPLEMENTARY INFORMATION: § 984.347 Assessment rate. 2008 Farm Bill, if the operation’s cumulative total for FY 2012 is over 2.4 On and after September 1, 2008, an Background million pounds and if the operation is assessment rate of $0.0131 per This final rule implements changes in under that amount the payable kernelweight pound is established for the MILC program enacted in section marketings for September will be California merchantable walnuts. 1506 in Title I of the 2008 Farm Bill limited to those that will not bring the (Pub. L. 110–246, 7 U.S.C. 8773). It, in Dated: November 26, 2008. total over 2.4 million pounds. Payments effect, permits new contracts to extend James E. Link, are computed, however, on a monthly the old MILC program first provided for Administrator, Agricultural Marketing basis. They are made only when the in Section 1502 of the Food Security Service. official Federal class I milk marketing and Rural Investment Act of 2002 (Pub. [FR Doc. E8–28766 Filed 12–2–08; 11:15 am] order milk price per cwt. for Boston, L. 107–171, 7 U.S.C. 7982). That BILLING CODE 3410–02–P Massachusetts is less than $16.94. When program, as amended by subsequent the Boston price is under the target, the enactments, ended its coverage with payment for eligible production will be, milk marketed in September of 2007. DEPARTMENT OF AGRICULTURE for FYs 2009 through 2012, 45 percent The 2008 Farm Bill permits coverage of the difference. Otherwise, for Commodity Credit Corporation starting with October 2007 marketings carrying through September 2012 September 2012 marketings the percentage will be 34 percent. The pay 7 CFR Part 1430 marketings. The ‘‘old’’ program, regulations were codified in 7 CFR part rate can be raised, by command of the RIN 0560–AH83 1430. This rule, to provide for the 2008 Farm Bill; however, if the National ‘‘new’’ program, modifies 7 CFR part Average Feed Dairy Feed Ration Cost as Milk Income Loss Contract Program officially computed exceeds $7.35 per and Price Support Program for Milk 1430 to: • Cover marketings during the new cwt. ($9.50 per cwt. for September 2012 AGENCY: Commodity Credit Corporation, period and make changes to the marketings). If the triggering feed ration USDA. payment rate formula used to calculate amount is exceeded, the benchmark $16.94 figure for the MILC payment rate ACTION: Final rule. payments; • Change the production limits for calculation will be increased by the SUMMARY: This rule amends the payments during specific periods; percentage amount which is 45 percent regulations for the Milk Income Loss • Add applicability of Adjusted Gross of the percentage amount by which the Contract (MILC) Program, as authorized Income (AGI) provisions to eligibility Feed Ration Cost exceeded its own by the Food, Conservation, and Energy requirements; and benchmark ($7.35 or $9.50, depending Act of 2008 (the 2008 Farm Bill), to • Add provisions to adjust the on the month involved). Feed Ration extend the program from October 1, payment rate if feed costs exceed a Cost is calculated using the same 2007, through September 30, 2012. This specified level. procedures used to calculate the feed rule also increases the percentage rate With certain per year per operation components of the estimated price of 16 for the payment calculation after fiscal eligibility pound limits, the MILC percent Mixed Dairy Feed per pound as year (FY) 2008 and increases the program provides payments to dairy reported in the USDA Agricultural payment quantity limitation of eligible operations when milk prices fall below Prices publication. Entire month prices pounds of milk per operation beginning a set benchmark. What constitutes an used to calculate feed price ratios for in FY 2009. This rule also provides for ‘‘operation’’ for purposes of the ‘‘new’’ each month will be used. As to the an adjustment to the MILC payment rate program, including poundage limits, calculation, if for example, the May if feed costs increase above a specified will be determined as before. All prior 2009 Feed Ration Cost exceed by 14 level. This rule is needed to extend the participants in the ‘‘old’’ program must percent the $7.35 per cwt. benchmark, MILC program, which is designed to sign new contracts. New participants then the MILC payment benchmark for stabilize and generally enhance milk (those not in the ‘‘old’’ program) cannot May 2009 marketings would be producer revenue, through FY 2012 and be affiliated with prior participants. increased by 6.3 percent (45% of 14%)

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and upped by $1.07 to $18.01 for May suggests that the program may carry on milk prices will reduce benefits to 2009 marketings only. beyond FY 2012, the statute and these dairy farmers, which will result in For purposes of applying the yearly regulations limit the covered marketings consumers being able to buy dairy pay limits on pounds per operation, the to those made no later than September, products at lower prices than if the rule will continue to use a start month 2012. Also, as before in the program program was not operating. concept for each year. The operation contract, the regulations specify that the Regulatory Flexibility Act must, with limitations set out in the payment rules are subject to change, rules, pick a start month for each fiscal even after the contract is signed, to The Regulatory Flexibility Act is not year. Once the start month is picked, reflect statutory changes. Also, as applicable to this rule because CCC is any marketing in the month and indicated, payments are subject to the not required to publish a notice of subsequent months of the fiscal year AGI limits being implemented through proposed rulemaking for this rule. that generate a payment will count a separate rulemaking. Environmental Review against the operation’s fiscal year limit. (The special rule for September 2012 Dairy Product Price Support Program The environmental impacts of this has been noted and will not be repeated This rule amends § 1430.2, ‘‘Price rule were considered in a manner here.) Generally under the rule, once Support Levels and Purchase consistent with the provisions of the signup is opened after October 1, 2008, Conditions,’’ to ensure that the Dairy National Environmental Policy Act an operation can pick any start month Product Price Support Program supports (NEPA), 42 U.S.C. 4321–4347, the for FY 2008. However, this point is dairy producers by ensuring that regulations of the Council on moot because no payments were manufacturers have sufficient incentive Environmental Quality (40 CFR parts generated from that fiscal year. to pay the support rate to producers. 1500–1508), and FSA regulations for Provisions regarding FY 2008 are CCC will only purchase dairy products compliance with NEPA (7 CFR part included in the rule for the sake of from the manufacturer of the product. 799). The substantive changes to the completeness. Likewise, under the rule, CCC will no longer purchase eligible MILC program, required by the 2008 if the operation signs its new MILC dairy products from nonmanufacturers, Farm Bill that are identified in this final contract within 30 days of the beginning as the program is not intended to rule are non-discretionary. Therefore, of the application period for this new provide a speculative market for third FSA has determined that NEPA does not FY 2008 though 2012 program it can parties. apply to this final rule and no environmental assessment or pick any preceding FY 2009 month as Notice and Comment its start month for that period. Also, environmental impact statement will be whenever the operation submits its FY These regulations are exempt from the prepared. notice and comment requirements of the 2008 through 2012 contract, it can pick Executive Order 12988 the month of the submission as the start Administrative Procedure Act (5 U.S.C. month for the current fiscal year. 553), as specified in section 1601(c) of The final rule has been reviewed Otherwise, for the fiscal year in which the 2008 Farm Bill, which requires that under Executive Order 12988. This rule the contract is submitted, or for later the regulations be promulgated and preempts State laws that are fiscal years if the operation wants a administered without regard to those inconsistent with its provisions. This different start month for a subsequent provisions, the Statement of Policy of rule is not retroactive as such, but does fiscal year, the rule will be that the the Secretary of Agriculture effective apply to marketings in a period that month chosen or the start month must July 24, 1971 (36 FR 13804) relating to precedes this rule. Before any judicial be chosen by the 14th of the month notices of proposed rulemaking and action may be brought regarding this preceding the month chosen. Once a public participation in rulemaking. rule, all administrative remedies must month is chosen for a fiscal year, the Therefore, these regulations are issued be exhausted. as final. corresponding month will be the start Executive Order 12372 month for subsequent fiscal years unless Executive Order 12866 affirmatively changed by the operation. This program is not subject to No payment will be made for any fiscal The Office of Management and Budget Executive Order 12372, which requires year that has ended before the FY 2008 (OMB) designated this final rule as consultation with State and local through 2012 program contract is significant under Executive Order 12866 officials. See the notice related to 7 CFR submitted. and, therefore, OMB reviewed this rule. part 3015, subpart V, published at 48 FR Producers to be paid must: A cost benefit assessment of this rule is 29115 (June 24, 1983). summarized below and is available from (1) Sign the contract, Executive Order 13132 (2) Provide verifiable data, the contact information listed above. The policies contained in this rule do (3) Be actively engaged in milk Summary of Economic Impacts production for the relevant period, not have any substantial direct effect on (4) Meet the AGI test for payment, and The MILC program has paid about States, on the relationship between the (5) Pick the start month for each fiscal $2.5 billion to dairy operations over the national government and the States, or year (as indicated, the original start five initial years of operation. Annual on the distribution of power and month will be the same for subsequent expenditures during the last two years responsibilities among the various fiscal years unless changed by the of the program have totaled over $350 levels of government. Nor does this rule operation). million in FY 2006 and $160 million in impose substantial direct compliance Dairy operations can apply at FSA FY 2007. Expenditures during the costs on State and local governments. county offices, via fax, or at http:// period authorized by the 2008 Farm Therefore, consultation with the States www.fsa.usda.gov/dafp/psd/. Bill, are expected to be between $300 is not required. This final rule includes changes in the and $400 million based on estimated dates marketed production must be milk prices during the period. Dairy Unfunded Mandates submitted. Editorial changes to the farm direct payments and Government Title II of the Unfunded Mandates previous regulations are made as well. expenditures will increase Reform Act of 1995 (UMRA) does not While the statute in some places commensurately. MILC program impact apply to this rule because CCC is not

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required to publish a notice of proposed ‘‘Transition Period,’’ revising the ■ c. Revise paragraph (g) and add rulemaking for this rule. Further, this definitions of ‘‘Dairy operation,’’ paragraphs (h) and (i) to read as follows: rule imposes no unfunded mandates, as ‘‘Eligible production,’’ ‘‘Participating defined in UMRA, on any local, State, State,’’ and ‘‘United States,’’ and adding § 1430.203 Eligibility. or tribal government or on the private the definition for ‘‘Fiscal Year or FY’’ to * * * * * sector. read as follows: (g) Meet all adjusted gross income eligibility requirements of part 1400 of Federal Assistance Programs § 1430.202 Definitions. this chapter as regards any person or The title and number of the Federal * * * * * entity seeking to receive payment under assistance program in the Catalog of Dairy operation means any person or this part. No person or entity may, Federal Domestic Assistance to which group of persons who as a single unit as generally, receive any payment for FY this final rule applies is 10.051— determined by CCC, produce and 2009 marketings and subsequent Commodity Loans and Loan Deficiency market milk commercially produced marketings if their nonfarm yearly Payments. from cows, and whose production income for the relevant base period for facilities are located in the United the relevant marketings as determined Paperwork Reduction Act States. In administering this program, under the adjusted gross income rules The regulations in this rule are for purposes of determining what is a (as in effect when the payment is exempt from requirements of the ‘‘dairy operation’’ and its eligibility sought) is over $500,000 as determined Paperwork Reduction Act (44 U.S.C. under this program, those under this subpart. Further, for entities Chapter 35), as specified in section 1601 determinations will be made in the an otherwise due payment will be of the 2008 Farm Bill, which provides same manner as was done for the Dairy reduced commensurately to the extent that these regulations be promulgated Market Loss Assistance (DMLA) that any person with an interest in the and administered without regard to the contracts in the State in which the dairy entity, as determined under the adjusted Paperwork Reduction Act. is located. New MILC operations, which gross income rules had such income over that limit for the relevant period; E-Government Act Compliance is to say those operations that did not participate in the MILC program for (h) Have submitted a contract during CCC is committed to complying with marketings prior to FY 2008, must be the applicable contract period for FYs the E-Government Act, to promote the unaffiliated with any other DMLA or 2008 through 2012: use of the Internet and other MILC operations. (1) Except for 2009, and subject to the start month provision of § 1430.205, information technologies to provide * * * * * must have for any fiscal year or month increased opportunities for citizen Eligible production means milk that for which payment is sought to be paid access to Government information and was produced at a time relevant to this submitted the FY 2008 through 2012 services, and for other purposes. program by cows in the United States contract before the end of that fiscal and marketed commercially by a List of Subjects in 7 CFR Part 1430 year or month or Dairy products, Price support producer in a participating State. (2) For FY 2008 payments, if programs. * * * * * payments are generated under this part ■ For the reasons discussed above, 7 Fiscal Year or FY means the year for that fiscal year, must have submitted CFR part 1430 is amended as set forth beginning October 1 and ending the a contract for the FY 2008 through 2012 below. following September 30. Fiscal years program by October 1, 2009 and for FY will be designated for this part by year 2009 the contract must have been PART 1430—DAIRY PRODUCTS by reference to the calendar year in submitted by the month for which which it ends. For example, FY 2009 is ■ payment is first sought except to the 1. Revise the authority citation to read from October 1, 2008, through extent that § 1430.205 explicitly permits as follows: September 30, 2009 (inclusive). the operation to pick a start month in Authority: 7 U.S.C. 7981, 7982, and 8773; * * * * * advance of the month in which the and 15 U.S.C. 714b and 714c. Participating State means each of the contract is submitted; and 50 States in the United States of (i) Must not, if it did not participate Subpart A—Price Support Program for America, the District of Columbia, and in the preceding MILC program for Milk the Commonwealth of Puerto Rico, or fiscal years prior to FY 2008, be ■ 2. Amend § 1430.2, paragraph (a)(2), any other territory or possession of the affiliated with any other dairy by adding a sentence at the end to read United States. operation. as follows: * * * * * ■ 5. In § 1430.205 revise paragraphs (a) United States means the 50 States of through (d) and (g) to read as follows: § 1430.2 Price support levels and the United Sates of America, the District purchase conditions. § 1430.205 Selection of starting month. of Columbia, and the Commonwealth of (a) A dairy operation that enters into (a) * * * Puerto Rico, or any other territory or a MILC contract with CCC must (2) * * * Purchases may only be possession of the United States. made from eligible offerers which must designate the starting month for each * * * * * be the manufacturer of the product fiscal year for the calculation of offered and must meet all other ■ 4. Amend § 1430.203 as follows: payments and pound limits for the conditions set by CCC. ■ a. In paragraphs (a) and (f) remove the operation. Once a start month is chosen * * * * * words ‘‘December 1, 2001, through for a fiscal year the corresponding September 30, 2007’’ and add, in their month will be the start month for each Subpart B—Milk Income Loss Contract place, the words ‘‘October 1, 2007, subsequent fiscal year unless changed Program through September 30, 2012;’’ by an affirmative request in writing on ■ b. Amend paragraph (f) by removing a form approved by CCC. The ■ 3. Amend § 1430.202 by removing the the period at the end and adding a production start month must be selected definitions for ‘‘Fiscal Year,’’ and semicolon in its place; and on or before the 14th of the month

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before the month for which payment is (ii) The end of the applicable fiscal paragraphs (c)(1) and (c)(2) of this sought. If such date falls on a weekend, year. section. The National Average Dairy the start month selection must be made * * * * * Feed Ration Cost per cwt. for each on the last business day preceding the ■ 6. Amend § 1430.207 by revising month will be calculated using the same weekend. A dairy operation cannot paragraph (b) and by adding paragraph procedures used to calculate the feed select as the start month for payment a (c) to read as follows: components of the estimated price of 16 month which: percent Mixed Dairy Feed per pound (1) Has already begun, except as § 1430.207 Dairy operation payment noted on page 33 of the USDA monthly provided in paragraph (c)(1) of this quantity. Agricultural Prices publication section; * * * * * (including the data and factors noted in (2) Has already passed; or (b) The maximum quantity of eligible footnote 4). The payment rate (3) During which no milk production production for which dairy operations, adjustment for Entire Month feed prices was produced by the dairy operation. per separate and distinct operation, are will be determined by increasing $16.94 (b) For FY 2009, if the operation signs eligible for payment per fiscal year by the percentage that is 45 percent of its FY 2008 through 2012 MILC contract under this subpart will be: the percentage by which the National within 30 days of the beginning of the (1) 2,400,000 pounds (24,000 cwt.) for Average Dairy Feed Ration Cost exceeds application period it can pick any FY 2008 (October 1, 2007, through $7.35 per cwt. (except that $7.35 will be preceding FY 2009 month as its start September 30, 2008); $9.50 for September 2012 marketings.) month for that period or can use the (2) 2,985,000 pounds (29,850 cwt.) for (d) Each eligible dairy operation normal rule of paragraph (c) of this FY 2009 (October 1, 2008 through payment will be calculated, as section to pick the start month. September 30, 2009), FY 2010 (October determined by the Secretary, by: (c) Except as provided in paragraph 1, 2009, through September 30, 2010), (1) Converting whole pounds of milk (b) of this section, the start month for a FY 2011 (October 1, 2010, through to hundredweight and fiscal year may only be September 30, 2011) and FY 2012 (2) Multiplying the payment rate (1) For the fiscal year in which the (October 1, 2011, through September 30, determined in paragraphs (b) and (c) of contract is submitted, the month the 2012), provided further an operation this section by the quantity of eligible contract is submitted or may receive payment for September, production marketed by the operation (2) For a fiscal year that has not yet 2012, marketings only if its pre- during the applicable month as begun, any month, provided that a September FY 2012 marketings did not determined according to § 1430.205 and month may not be selected after the exceed 2,400,000 pounds in which case other provisions of this subpart. 14th of the preceding month. new marketings that would not put the (3) Payments to dairy operations will (d) Dairy operations may change the operation’s FY 2012 marketings over be based on calculated payment rates production start month on or before the 2,400,000 pounds will be eligible for rounded seven places to the right of the 14th day of the month previously payments otherwise permitted in this decimal. selected. rule. (e) Payments under this subpart may * * * * * (c) In accordance with these be made to a dairy operation only up to (g)(1) MILC production start month regulations, the Deputy Administrator the maximum production limitations set selections made during the signup will determine what is a separate and in § 1430.207(b) of eligible production period designated by CCC may be made distinct operation. That decision will be per applicable fiscal year. as provided in paragraph (b) of this final. (f) Dairy operations receiving benefits section, otherwise MILC production ■ 7. In § 1430.208 revise paragraphs (b) under this subpart, will receive earned start month selections must be made in through (e) and add paragraph (f) to read payments on a monthly basis according accordance with paragraph (c) of this as follows: to the MILC contract, to the extent section. If a payment rate is not in effect practicable, not later than 60 days after during the production start month § 1430.208 Payment rate and dairy the later of production evidence and all selected by the dairy operation, operation payment. supporting documents for the applicable payments to the dairy operation will be * * * * * month are received by CCC or the entire issued based on the next consecutive (b) A per-hundredweight payment month National Average Dairy Feed month with a payment rate in effect rate will be determined for the Ration Cost is made available by USDA, following the MILC production start applicable month by: as applicable. Payments issued by CCC month selected by the dairy operation. (1) Subtracting from $16.94 the Class more than 60 days after the later of all Production in months in which the pay I milk price per cwt. in Boston; production evidence and supporting formula does not produce a payment (2) Multiplying the difference by 34 documentation are received by CCC or will not count against the fiscal year’s percent for marketings during the period the entire month National Average Dairy poundage limit for the operation. beginning on October 1, 2007, and Feed Ration Cost is made available by (2) Dairy operations with MILC ending on September 30, 2008; USDA, whichever is later, will be production start months that begin with (3) Multiplying the difference by 45 subject to prompt payment interest as the month a MILC contract is submitted percent for marketings during the period allowed by law. However, CCC will to FSA or that begin with the first beginning on October 1, 2008, and endeavor where possible to make month of the fiscal year with an ending on August 31, 2012; and payments within 60 days of the end of effective payment rate will receive (4) Multiplying the difference by 34 the marketing month. payments made by CCC consecutively percent for marketings in September on a monthly basis, if otherwise 2012. § 1430.209 [Amended] provided for in this part, until the (c) The payment rate as calculated as ■ 8. Amend § 1430.209 in paragraph (a) earlier of the following: specified in paragraph (b) of this by removing the words ‘‘October 1, (i) The maximum payment quantity section, will be adjusted to compensate 2005, and ending September 30, 2007’’ for the fiscal year or month is reached for feed prices when the National and adding in their place the words as determined in accordance with Average Dairy Feed Ration Cost for a ‘‘October 1, 2007, and ending September § 1430.207 or month is greater than the levels set in 30, 2012.’’

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§ 1430.211 [Amended] the level of safety associated with The FAA believes these activities ■ 9. Amend § 1430.211 in paragraph (a) amateur rocketry and to reflect current need appropriate regulation for by removing the words ‘‘September 30, industry practice. The new regulations continued safe operation. This 2007’’ and adding, in their place, the update and align FAA regulations with rulemaking is intended to preserve the words ‘‘September 30, 2012.’’ widely used advances in the amateur safety record of amateur rocket rocket industry, specify the required activities, address inconsistencies, and ■ 10. Amend § 1430.212 by revising the information collected from operators of clarify existing amateur rocket section heading and adding paragraph advanced amateur rocket launches, and regulations. (c) to read as follows: define amateur rocket classifications. Summary of the NPRM § 1430.212 Contract Modifications and This action also corrects minor Statutory Changes in Program. inconsistencies in the current rule. The Requirements for Amateur Rocket Activities notice of proposed * * * * * DATES: These amendments become rulemaking (NPRM) published in the (c) Payments otherwise due under this effective February 2, 2009. Federal Register on June 14, 2007 (72 subpart or the program will be adjusted FOR FURTHER INFORMATION CONTACT: For FR 32816). or denied to the extent provided for by technical questions concerning this final The proposal added two new a statutory change in program rule contact Charles P. Brinkman, categories of amateur rocket operations eligibilities or requirements of any kind Licensing and Safety Division (AST– and amended the definitions of the irrespective of whether the program 200), Commercial Space Transportation, existing two categories. The new contract preceded the statutory change. Federal Aviation Administration, 800 category structure would be numbered Operations will be given the option of Independence Avenue, Washington, DC from Class 1 to Class 4. The two new accepting the changes or terminating the 20591, telephone (202) 267–7715, e-mail categories would be Class 3—High- contract. [email protected]. For legal Powered Rocket and Class 4—Advanced ■ 11. Amend § 1430.213 by revising questions concerning this final rule High-Power Rockets. These two new paragraph (a) to read as follows: contact Gary Michel, Office of the Chief categories would capture amateur Counsel, Federal Aviation rockets that require significant FAA § 1430.213 Reconstitutions. Administration, 800 Independence analyses to determine whether they can (a) A dairy operation receiving MILC Avenue, Washington, DC 20591, be safely operated within the National benefits may reorganize or restructure telephone (202) 267–3148. Air Space (NAS). The Class 1 and Class such that the constitution or makeup of SUPPLEMENTARY INFORMATION: 2 rocket categories, meanwhile, would its operation is reconstituted in another be slightly modified to incorporate Authority for This Rulemaking organizational framework. However, any current definitions of model rocket and operation that reorganizes or The FAA’s authority to issue rules on large model rocket, respectively. restructures after October 1, 2007, is aviation safety is found in Title 49 of the We proposed to re-classify the subject to a review by FSA to determine United States Code. Subtitle I, Section existing information requirements and if the operation was reorganized or 106 describes the authority of the FAA operating limitations currently required restructured for the sole purpose of Administrator. Subtitle VII, Aviation before a proposed launch for the more receiving multiple or additional MILC Programs describes in more detail the advanced amateur rocket activities. Low payments. scope of the agency’s authority. risk Class 1—Model Rocket operators * * * * * This rulemaking is promulgated would continue to be exempt from Signed in Washington, DC, on December 1, under the authority described in information requirements. Operators of 2008. Subtitle VII, Part A, Subpart III, Sections Class 2—Large Model Rockets would Teresa C. Lasseter, 40102, 40103, 40113–40114, and 44701– continue to provide their names, 44702. Under those sections, the FAA is addresses, highest anticipated altitude, Executive Vice President, Commodity Credit Corporation. charged with prescribing regulations location of the launch, date, time, and that govern air traffic rules on the flight duration of the launch event. This [FR Doc. E8–28710 Filed 12–1–08; 4:15 pm] of aircraft (which include unmanned information enables us to take BILLING CODE 3410–05–P rockets). This regulation is within the appropriate action to ensure safe scope of that authority because it operation in the NAS. defines classes of unmanned rockets The notice also proposed to specify DEPARTMENT OF TRANSPORTATION and details the information the FAA reporting practices for the new category would require to issue a certificate of Class 3 and Class 4 rockets. Operators of Federal Aviation Administration waiver or authorization to allow rockets with these characteristics launching of an amateur rocket. generally file for a certificate of waiver 14 CFR Parts 1, 101, 400, 401, and 420 or authorization to conduct their Background [Docket No. FAA–2007–27390; Amendment operations. They are exempt from Nos. 1–62, 101–8, 400–2, 401–6, and 420– Historically, the FAA relied on State launch license regulations in part 400. 4] and local regulation, voluntary self- Operators are often contacted for regulation, and its own analysis to fulfill additional information when the FAA RIN 2120–2120–AI88 its oversight responsibility for receives their waiver application. As Requirements for Amateur Rocket unmanned rocket operations under part proposed, most, if not all, information Activities 101. Until now, the voluntary self- would be submitted on the initial regulation and State and local waiver application, which would save AGENCY: Federal Aviation regulations adequately protected the the FAA and the operator’s time and Administration (FAA), DOT. public and ensured safe operation of expense. ACTION: Final rule. amateur rockets. Amateur rocket Amateur rocket regulations were performance continued to improve and written when the amateur rocket SUMMARY: This final rule amends participation in amateur rocket launches community used mainly solid rocket amateur rocket regulations to preserve increased significantly. motors. Now the amateur rocket

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community also uses liquid propellants. boundary based on the potential NPRM for Class 3 and Class 4 now We proposed to redefine amateur rocket performance of a rocket with that total apply to Class 2. activity to reflect this advanced rocket impulse. The FAA created the two classes, environment and codify safe practices The FAA adopts the definition model rocket and large model rocket, in being used by the amateur rocket language in § 1.1, as proposed. 1994. Since that time amateur rocket community. Proposed § 101.22 would require an hobbyists have established a history of amateur rocket be launched on a safe operation for large model rockets. Summary of Comments suborbital trajectory. Two individual We have analyzed the performance of The FAA received comments from 33 commenters suggested the FAA begin to proposed large model rockets, in light of entities including rocketry associations, consider rulemaking for amateur rockets NAR’s suggestion, and found they can a pilot association, and individuals. that may go into Earth orbit. One cause more significant damage to Associations commenting on behalf of addressed the limit of 150 km specified persons or property than model rockets. their memberships include the National in § 1.1. The second suggested the FAA However, neither model rockets nor Association of Rocketry (NAR), Tripoli re-examine the requirement that large model rockets can affect air traffic Rocketry Association (TRA), Rocketry amateur rockets be suborbital, as if operated in accordance with this Association of California (ROC), proposed in § 101.22. The FAA believes regulation. Since local ordinances cover Rocketry of Central Carolina, and the that 150 km is the best limit for amateur hazards due to the reckless use of model Aircraft Owners and Pilots Association rocket launch operations. Any rocket and large model rockets on ground- (AOPA). Many individual commenters that goes above the 150 km altitude based property and persons, the FAA also identified themselves as members limit will involve licensing issues, i.e., agrees that combining these two classes of these organizations. foreign policy, national security, and is appropriate. Therefore, the FAA In general, commenters supported the safety concerns. combines the proposed Class 1—Model Rocket and Class 2—Large Model proposed requirements and suggested Location of Amateur Rocket Regulations several changes. The comments fall into Rocket into a single Class 1—Model the following categories: The FAA proposed to move the rules Rocket. We have decided the operating • Definition of classes for amateur governing operation of model rockets limitations contained in § 101.24 of the rockets; from Subpart A—General (§ 101.1) to NPRM are not necessary for the • Prohibition of amateur rocket Subpart C—Unmanned Rockets combined Class 1 Model Rockets, and, activities within 5 miles of an airport; (§ 101.21). This proposal would align all therefore, proposed § 101.24 is removed. • Separation distances from amateur definitions and operating requirements We proposed a new Class 3—High- rocket activities and participants, and for unmanned rockets in a single Power Rocket as an amateur rocket other persons or property not associated with subpart. We would continue to allow than a model rocket or large model the activities; model rockets to operate without FAA rocket propelled by a motor or motors • Need for the presence of someone at oversight. We received no comments on having a combined total impulse of least 18 years old; this action. The FAA adopts this 163,840 Newton-seconds (36,818 • Need to take measures to control proposal without change. pound-seconds) or less. Several commenters recommended any fire caused by amateur rocket Amateur Rocket Definitions activities; and the upper limit for Class 3 be reduced • Specific information and notice We proposed two new classes of from 163,840 Newton-seconds to 40,960 requirements. amateur rockets. We defined Class 1 as Newton-seconds. They stated this an amateur rocket using less than 125 reduction would place the upper limit Discussion of the Final Rule grams (4.4 ounces) of slow-burning at the ‘‘O’’ class, as documented in the Below is a more detailed discussion of propellant and weighing no more than TRA safety code. Some commenters the rule as it relates to the comments we 454 grams (16 ounces) including the noted that a rocket carrying a motor received. propellant. We defined Class 2 as an above the ‘‘O’’ class, or 40,960 Newton- amateur rocket using less than 125 seconds, could reach altitudes greater Amateur Rocket Definitions grams (4.4 ounces) of slow-burning than 7,620 meters (25,000 feet). These The FAA proposes to define amateur propellant and weighing no more than commenters suggest any rocket with the rocket as an unmanned rocket propelled 1,500 grams (53 ounces) including ability to reach greater altitudes belongs by a motor or motors having a combined propellant. in Class 4—Advanced High-Power total impulse of 889,600 Newton- The NAR, ROC, and 13 individual Rockets. seconds (200,000 pound-seconds) or commenters noted that the only The FAA agrees. In addition to less, and cannot reach an altitude difference between Class 1 and Class 2 creating a class of rocketry that is greater than 150 km (93.2 statute miles) is weight. The NAR conducted inconsistent with the TRA safety code, above the earth’s surface. computer flight simulations of these two the proposal, if adopted, would be The ROC commented that the value of classes of amateur rockets to inconsistent with the 2008 National Fire 889,600 Newton-seconds falls in the demonstrate the ‘‘heavier models have Protection Association (NFPA) 1127 middle of the ‘‘T’’ impulse range, using far less velocity and altitude potential.’’ Code for High-Power Rockets. This code the values in common usage by amateur The NAR’s flight experience with also addresses rockets having total rocket hobbyists. As a result, the value rockets meeting the specifications of impulse up to 40,960 Newton-seconds in the NPRM definition does not both classes indicates that both types (9,208 pound-seconds) or ‘‘O’’ motor correspond with any natural dividing can be flown using the operating class. Further, most amateur rocket line between impulse levels. limitations proposed for Class 1. The activities involve rockets with a total The ROC recommended the FAA NAR, as well as the other commenters impulse of 40,960 Newton-seconds or increase the total impulse limit for on this section, recommended less. The FAA has reconsidered this amateur rockets from 889,600 Newton- combining Class 1 and Class 2 into a proposal and revises the criteria and seconds to 1,310,720 Newton-seconds. single classification—Class 1. The other class for high-power rockets. The Class The FAA believes the current total classes would be renumbered. 2—High Power Rocket is defined as impulse limit represents a reasonable Therefore, requirements specified in the having a combined total impulse of

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40,960 Newton-seconds (9,208 pound- power rocket within 457 meters (1,500 than 1,500 feet applicable to spectators seconds). ft.) of any person or property not and persons not associated with the associated with the operation. The same operation. Operating Limitations separation distance exists in the current The FAA agrees, in principal, with We proposed the following general regulation. This distance from any the commenters’ suggestion to adopt the operating limitations for amateur rocket person or property not associated with NFPA standard. Generally, those activities: the operation also applies to Class 4— engaged in amateur rocket activities An amateur rocket must be: Advanced High-Power Rocket have applied the 457 meters (1,500 ft.) • Launched on a suborbital trajectory, (§ 101.26). distance requirement to the uninvolved • Unmanned, and Several commenters questioned the public. As stated in the NPRM, the FAA • Not cross into the territory of a requirement regarding proposed seeks primarily to codify existing foreign country unless there is an separation distances. One commenter practice. Current amateur rocket agreement between the United States requested clarification regarding activities, especially those under the and the country of concern. whether uninvolved public includes auspices of various rocketry We further included a condition that spectators. The commenters note the associations, have not resulted in harm we may specify additional operating 2008 Edition of NFPA 1127, Code for to persons not associated with the restrictions necessary to ensure that air High Power Rocketry, specifies differing operations. The FAA believes the 1,500 traffic is not adversely affected, and minimum separation distances for feet separation distance has served a public safety is not jeopardized. spectators and participants that relate to useful purpose, and we retain this We received no comments on this the classifications of rocket motors. separation minimum in the final rule for section. These requirements are Commenters recommended the FAA High-Power Rockets and Advanced adopted, as proposed, although the adopt the NFPA standards that establish High-Power Rockets. section is renumbered as § 101.23. minimum separation distances between In consideration of the comments We proposed an additional operating the launch point, spectators, and other recommending the FAA adopt the limitation for Class 1 model rockets in exposed elements of the public. NFPA 1127 separation distance proposed § 101.23. Specifically, persons Commenters also noted that both NAR requirements, we will require an operating this class of rocket must do so and TRA follow the safety requirements additional separation distance from any in a manner that does not create a of the rocketry-related codes published person or property not associated with hazard to persons, property, or other by NFPA. the operation. This decision is based on aircraft. In developing this proposal, the FAA the minimum site dimensions provided No comments were received on this considered amateur rocketry events and in NFPA 1127. In the regulation, we proposal. However, after further review, participants involved, their families and instead specify this as an equivalent we realize our intent was to apply this friends, and a few casual spectators. separation distance assuming the launch requirement to all classes of amateur Various rocketry groups do not include location is in the center of the site. This rockets. We have removed any specific spectators in the 1,500 feet separation minimum separation distance is equal reference to Class 1 model rockets. distance for persons or property not to one quarter of the expected maximum These requirements now apply to associated with the operations. In fact, altitude or 457 meters (1,500 ft.), amateur rockets in general. the 2008 Edition of NFPA 1127 whichever is greater. Under normal recognizes this disparity by providing conditions, this requirement will be Amateur Rocket Activities Within 5 separation distances for spectators and adequate to protect public safety. When Miles of an Airport participants that are less stringent than greater separation distances are required Proposed § 101.25(b) would prohibit the existing FAA requirement. However, to protect spectators, the FAA will operating High-Power Rockets within 8 we do not intend to encourage the specify additional operating limitations kilometers (5 miles) of any airport presence of large crowds of spectators in any certificate of waiver or boundary. We received comments from close to the launch because their authorization it may grant. the NAR, ROC, Rocketry of Central presence would pose a significant threat The FAA believes its principal Carolina, and 13 individual commenters to those spectators. responsibility is to protect those stating the proposed rule does not Most commonly launched amateur individuals and property not associated provide flexibility for waiving this rockets are small and their hazards with the launch. This approach differs requirement. They commented further typically are also small. No serious somewhat from that taken under 14 CFR that the proposal does not consider accidents or incidents have been Chapter III where the FAA counts airport size, frequency of flight reported by NAR and TRA. While there spectators as part of the public in its risk operations, facilities, location, or history have been no reported accidents analysis. The rationale for this different of safe operations, and maintained that associated with launches of larger approach reflects the good job rocketry it is unclear whether this requirement amateur rockets, the risk associated with associations do in protecting spectators. can be waived. a large amateur rocket launch could be Usually, spectators viewing amateur The FAA understands High-Power considerably greater. Participants and rocket launches are more closely Rockets have a long history of safe spectators, clearly associated with the associated with the operations than operation within 5 statute miles of activity, are not required to comply with those viewing FAA-licensed launches airport boundaries and agrees such the specified separation. We retain the and do not have as great a potential for operations should be allowed to provision in § 101.23(b) to specify a catastrophic accident, such as loss of continue, when appropriate, under a additional operating limitations, as life or serious injury. certificate of waiver or authorization. necessary, to ensure air traffic operations are not adversely affected, Need for Presence of Someone at Least Separation Distances From Amateur and public safety is not jeopardized. 18 Years Old Rocket Activities The FAA routinely attaches conditions Proposed § 101.25(f) stipulates that no Proposed §§ 101.25 and 101.26 would to certificates of waiver or authorization person may operate a High-Power stipulate that, no person may operate a for larger amateur rocket launches Rocket unless a person at least 18 years high-power rocket or advanced high- specifying separation distances greater old is present; that person is charged

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with ensuring the safety of the operation launch can occur. The Aircraft Owners has provided latitude and longitude and has final approval authority for and Pilots Association (AOPA) coordinates in its certificate of waiver or initiating high-power rocket flight. The recommended adding clear guidance to authorization applications. According to NAR supported this requirement. We prohibit the use of TFRs for amateur this commenter, its organization has received no other comments on this rocket activities. Two individual been asked to give the location as a VOR proposal. The FAA adopts § 101.25(f) as commenters urged that there be no radial and distance. These commenters proposed. change in the current NOTAM suggest there are other acceptable procedures. Another commenter methods to locate a launch pad, such as Measures To Control Fire Caused by questioned the necessity of collecting checking distance along a VOR radial. Amateur Rocket Activity personal information about amateur We find that latitude and longitude The FAA proposed that no person rocket operators and requiring operators coordinates provide the most accurate may operate a High-Power Rocket to apply for a certificate of waiver or method of fixing an exact location. unless reasonable precautions are authorization before conducting Further, a latitude and longitude provided to report and control a fire amateur rocket activities. location is consistent with FAA charting caused by rocket activity. The NAR The FAA stresses that the only change practices. The FAA adopts the supported the proposal and went on to proposed was to the timeline for giving requirements of § 101.27(d) and reference the NFPA 1127 Code for High information to ATC. Operators must still § 101.29(a)(7), as proposed, except these Power Rocketry. Conversely, the ROC notify ATC no less than 24 hours before requirements are located in does not believe this provision is amateur rocket activities begin. We § 101.29(a)(6). necessary or appropriate for proposed to change the second half of The NAR, TRA, ROC, and 16 codification. the timeline from ‘no more than 48 individual commenters questioned the We disagree. This requirement is hours’ to ‘no more than 3 days’ before need for the 45 days in advance of the consistent with our mission to ensure amateur rocket activities begin. This rocket activity. An individual the safety of any person or property not change would synchronize FAA commenter noted that due to associated with the operations. In regulations with FAA Order 7930.2, uncertainties in schedules and weather, developing the proposed rule, our goal Para. 4–1–1, Notice to Airmen. We did among other things, participants in was to eliminate duplicate requirements not propose changes to requirements for rocket launch events involving High- imposed by other Federal agencies or NOTAMs or TFR procedures. Because Power Rockets may not know if the state or local governments. For example, we did not propose any changes, any event is really going to occur, if they are this proposal contains no explicit ban on the use of TFRs for amateur going to attend, and what rockets they requirements concerning hazardous rocket activities is outside the scope of are going to fly until shortly before the materials because other Federal and this rulemaking. event, the day of the event, or even local laws are applicable. The proposal The information requested in the during the event. The commenter is intended to protect the ‘‘uninvolved’’ notice requirement is needed to ensure contends these last-minute changes public, on the ground and in the air. It the safety and integrity of the NAS, to occur for bona-fide reasons involving would not supersede any other laws or issue a NOTAM, or take other action. matters such as wind direction and ordinances. Operators of high-power The FAA adopts the timeline speed and cloud cover that cannot be and advanced high-power rockets requirements in § 101.27, as proposed. predicted with any assurance. The would be required to take reasonable However, the title was changed to commenter further contends rocket precautions to control and report a fire. include ATC notification for all launch events involve multiple Additionally, operators would comply launches. participants who need to be able to have flexibility to lower their flight plans if with local ordinances as applicable, Latitude and Longitude, Information weather deteriorates at the last minute because a fire in some of the remote Required 45 Days Before Rocket areas where amateur rocket launches or raise them if weather improves. Activities, and Estimated Number of The NAR and ROC cite the current occur could have serious consequences. Rockets The FAA adopts § 101.25(g) as practice of completing one annual proposed. As proposed in the NPRM under certificate of waiver or authorization for § 101.27(d), no person may operate an all their planned amateur rocket events Operating Limitations for Advanced unmanned rocket, other than a Class 1— for a calendar year. That certificate High-Power Rockets Model Rocket, unless that person describes the types of amateur rockets The FAA proposed additional provides the FAA with the location of typically launched at these events. The operating limitations for Advanced the center of the affected area in latitude certificate of waiver or authorization High-Power Rockets to ensure air traffic and longitude coordinates. Proposed requires notification to the local ATC is not adversely affected and public § 101.29(a)(7) lists the launch site facility 48 hours prior to each flight safety is not jeopardized. We received latitude and longitude among the activity. The NAR and ROC recommend no comments on this section. Therefore, detailed information requirements a adoption of requirements that reflect the FAA adopts § 101.26 as proposed. person operating a High-Power Rocket current practice. must submit to the FAA when The FAA agrees. We intended to Notice Requirements requesting a certificate of waiver or retain the current practice and have We proposed that FAA Air Traffic authorization. The information must be modified the language in the final rule Control (ATC) must receive notice provided at least 45 days before the to do so. When requesting a certificate requirement information no less than 24 proposed operation. of waiver or authorization, the FAA will hours before and no more than 3 days The NAR, ROC, and eight individual require each person or organization to before the amateur rocket activities take commenters proposed a modification to provide the requested information at place. this notice requirement. Previous least 45 days before the proposed Three commenters expressed concern sponsors of launch activities have operation. An organization can still that this proposed rule means a submitted distances along a VOR radial submit an application for an annual temporary flight restriction (TFR) must to describe their location. An individual certificate of waiver or authorization, be in place before an amateur rocket commenter noted that his organization detailing the events for the coming year.

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As proposed in § 101.29(a)(1), a The NAR, TRA, ROC, and 11 be removed from the final rule. They person operating a High-Power Rocket individual commenters noted that maintain the FAA did not explain why that requires a certificate of waiver or requiring information on propulsion such information is necessary for flight authorization must provide the systems, fuels, oxidizers, manufacturers, safety. information requested on each rocket to and certifications does not contribute to The FAA disagrees with these be flown. The NAR, TRA, ROC, and 12 preserving safety. The commenters comments. This information allows the individual commenters objected recommended that this requirement be FAA to calculate the hazard area for an strenuously to this provision. The ROC stricken entirely from the final rule. In amateur rocket launch event. The FAA noted that rocketry clubs typically file a lieu of striking the requirement, the adopts § 101.29(a)(4), as proposed. single certificate of waiver or NAR would note that the NFPA has Additional Safety Procedures authorization application for the year. established standards for the They detail the dates for the event and certification and production of amateur As proposed in the NPRM under the types of amateur rockets they expect rocket motors in NFPA Code 1125, § 101.29(a)(8), operators must provide to be flown. What they actually fly will ‘‘Code for the Manufacture of Model any additional safety procedures that depend on how many people show up, Rocket and High Power Rocket Motors, will be followed. The NAR, TRA, ROC, what rockets they bring with them, what 2007 Edition.’’ The NAR’s Standards and 11 individual commenters found the weather conditions are, and other and Testing Committee tests motors to this section to be vague and factors. They state that adopting the this standard, and NAR members can unnecessary. Several commenters NPRM as written would require them to only use engines on its ranges that have proposed this section should be complete Form 7711–2 for each rocket been tested and passed these standards. modified to make clear that flying on they expect to fly. In the case of the The FAA conducted more research NAR safety codes is an acceptable ROC, this could mean deluging the FAA into whether having knowledge of these method to report this information. with ‘‘multiple thousands of notices.’’ elements has an impact on safety. We While the FAA believes the NAR and One commenter calculated that for a found that having information about the TRA safety codes contribute to the typical weekend launch, he ‘‘might manufacturer and any certification of a safety of amateur rocket activities, we bring 10 rockets, each of which can be rocket does not increase the FAA’s cannot make a blanket requirement flown with one of 10 different motors, ability to determine the safe operation of accepting these safety codes. The codes and perhaps a similar number of pad amateur rocket activities. However, we may change in the future. The FAA and recovery choices, making 1,000 do need to know the type of propulsion, would then be bound to whatever those possible combinations. If there are 100 fuels, and oxidizers involved because changes might be. We must have the fliers at the event, the waiver some of them are highly explosive or ability to require additional information documentation could be 100,000 toxic. Therefore, the FAA removes the as circumstances or technology changes pages.’’ He then notes that Form 7711– manufacturer and certification might demand. The FAA adopts 2 requires the information to be in information requirement from the final § 101.29(a)(8), as proposed. triplicate. All the commenters on this rule. We retain the propulsion, fuels, Miscellaneous Comments issue urge that the FAA require the and oxidizers information requirement, current practice for these launch as proposed. One commenter suggested that events—that is, an approximate number § 101.29 be changed to require the of rockets to be flown and an aggregate Description of the Launcher(s) information listed only for those flights of information on those rockets. That As proposed in the NPRM under that exceed 25,000 feet. TRA noted they would mean the maximum size, weight, § 101.29(a)(3), operators must provide a have a precise procedure for reviewing and power to be flown, and the description of the launcher(s) planned and approving all flights held at TRA- maximum altitude and radius expected for their amateur rocket activities, sanctioned events that will exceed for these rockets. including any airborne platform(s). 24,000 feet in apogee. Since their The FAA agrees and fully intended The NAR, TRA, ROC, and 11 criteria are similar to the information that current practice be reflected in the individual commenters noted that requirements detailed in the NPRM, final rule. We now state that each requiring a description of the launcher they see no need to change the rule. The person or organization must provide the does not contribute to preserving safety. FAA disagrees because these information requested at least 45 days They state there is no record of requirements also apply to operations before the proposed operation and launcher-related failures resulting in an not sanctioned by TRA. The FAA adopts clarify that the 45-day requirement unsafe flight condition, life threatening § 101.29, as proposed. applies only when a certificate of waiver injury, or property damage. One commenter suggested that the or authorization is necessary. The FAA disagrees because there are rule exempt Class 1 Model Rockets from Organizations may continue to aggregate documented incidents where a balloon U.S. Postal Service (USPS) restrictions the information and detail the launcher failure occurred and started a to allow mailing these ‘‘common goods’’ maximum parameters they expect for a fire on the ground. In addition, we find without special labeling and papers. given event. that having a description of the launcher The commenter suggested a number of adds a safety benefit to amateur rocket other changes to the rule to facilitate Information Requirement for Type of activities. A launcher failure could shipping model rockets. These Propulsion, Fuel(s), Oxidizer(s), cause the rocket to veer in a different suggestions are outside the scope of this Manufacturer, and Certification direction than intended. The FAA rulemaking. The FAA has no authority As proposed in the NPRM under adopts § 101.29(a)(3), as proposed. to release amateur rocket enthusiasts § 101.29(a)(2), a person operating a Class from USPS regulations, nor can we Description of the Recovery System 3—High-Power Rocket that requires a impose regulations not associated with certificate of waiver or authorization As proposed in the NPRM under aviation on the USPS. must provide the FAA information on § 101.29(a)(4), operators must provide a the type of propulsion, fuel(s), description of their recovery system. Paperwork Reduction Act oxidizer(s), manufacturer, and The NAR, TRA, ROC, and 12 individual Information collection requirements certification, if any, for the rockets. commenters propose this requirement associated with this final rule have been

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approved previously by the Office of warrant a full evaluation, this order international treaty exists that permits Management and Budget (OMB) under permits that a statement to that effect such activity. We do not know of an the provisions of the Paperwork and the basis for it be included in the amateur rocket sent from the United Reduction Act of 1995 (44 U.S.C. preamble if a full regulatory evaluation States that crossed an international 3507(d)), and have been assigned OMB of the cost and benefits is not prepared. boundary. Although, the rule will make Control Number 2120–0027. There is no Such a determination has been made for this specific to the amateur rockets, it is increase in paperwork required as a this final rule. The reasoning for this generally necessary to have some kind result of this rulemaking. determination follows. of international agreement in order to We will first discuss the non- International Compatibility cross international borders. The benefit quantified benefits and then discuss the provided by this provision of this final In keeping with U.S. obligations quantified cost-savings benefits of this rule is that it helps prevent international under the Convention on International final rule. incidents. Civil Aviation, it is FAA policy to comply with International Civil Benefits Elimination of Burn Time and Ballistic Aviation Organization (ICAO) Standards General Coefficient Requirements and Recommended Practices to the This final rule provides several This final rule eliminates the existing maximum extent practicable. The FAA benefits. General benefits provided requirements for a burn time of less than has determined that there are no ICAO include the updating, streamlining, and 15 seconds and a ballistic coefficient Standards and Recommended Practices modernizing of the existing regulations requirement of less than 12 pounds per that correspond to these regulations. for amateur rocket activities. More square inch. The elimination of these Regulatory Evaluation, Regulatory specific benefits are discussed below. requirements allows amateur rocket Flexibility Determination, International Maximum Altitude Definition activities to operate in accordance with Trade Impact Assessment, and current industry practice and recognizes Unfunded Mandates Assessment This final rule defines a maximum technological changes since the altitude of 150 kilometers or 492,120 establishment of the existing Changes to Federal regulations must feet for amateur rockets. This allows a undergo several economic analyses. regulations. In particular, the prospective amateur rocket operator to elimination of the burn time First, Executive Order 12866 directs that determine if the proposed rocket can be each Federal agency shall propose or requirement allows for the optimum classified as an amateur rocket and thus operation of liquid rockets. adopt a regulation only upon a reasoned avoid the necessity and expense of determination that the benefits of the obtaining a license. This altitude limit Revision of Amateur Rocket Classes intended regulation justify its costs. also provides a reasonable margin of Table B–1 shows a comparison of the Second, the Regulatory Flexibility Act safety for objects that are already in of 1980 (Pub. L. 96–354) requires existing amateur rocket classes and this orbit. Although this final rule defines a final rule’s rocket classes. agencies to analyze the economic maximum altitude for amateur rockets, impact of regulatory changes on small for practical purposes, it is not imposing The existing amateur rocket rule has entities. Third, the Trade Agreements a new altitude limit on amateur rocket three classes of rockets: Model rockets, Act (Pub. L. 96–39) prohibits agencies activities because the requirements of large model rockets, and others. These from setting standards that create the existing rule for burn time and classes were categorized by weight of unnecessary obstacles to the foreign ballistic coefficient, which will be propellant, type of propellant, property commerce of the United States. In eliminated under this final rule, make it of rocket, and operation as detailed in developing U.S. standards, this Trade virtually impossible for an amateur Table B–1. The term ‘‘other’’, as Act requires agencies to consider rocket launched under the existing discussed in the NPRM, captures international standards and, where regulations to reach the altitude defined unmanned launches other than amateur appropriate, that they be the basis of in this final rule. launches. These would include FAA- U.S. standards. Fourth, the Unfunded licensed or permitted launches, as well Mandates Reform Act of 1995 (Pub. L. Suborbital Requirement as U.S. government launches. 104–4) requires agencies to prepare a This final rule requires that amateur This final rule provides for four written assessment of the costs, benefits, rockets be launched in such a manner classes of rockets: Class 1—Model and other effects of proposed or final that they will not become orbital. The Rockets; Class 2—High-Power Rockets; rules that include a Federal mandate current rule has no such specific Class 3—Advanced High-Power likely to result in the expenditure by restriction. By specifically prohibiting Rockets; and a fourth non-numbered State, local, or tribal governments, in the orbital launches of amateur rockets, this Class—Other. The detailed definition of aggregate, or by the private sector, of provision of this final rule provides the these classes is shown in Table B–1. $100 million or more annually (adjusted benefit of protecting existing orbital The benefit of this final rule’s for inflation with base year of 1995). objects, such as the International Space classifications is that the new This portion of the preamble Station (ISS) and orbiting civil and definitions are more closely aligned summarizes the FAA’s analysis of the military satellites, from a possible with current practices than are the economic impacts of this final rule. collision with an amateur rocket. existing classifications. In addition, for Department of Transportation Order this final rule’s Class 1 rockets, the FAA DOT 2100.5 prescribes policies and Not Cross International Boundary is removing the notification requirement procedures for simplification, analysis, Requirement thereby reducing the burden on those and review of regulations. If the The final rule requires that an seeking to launch model rockets. expected cost impact is so minimal that amateur rocket not cross an a proposed or final rule does not international boundary unless an (Benefit Tables B–1 through B–3)

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TABLE B–1—COMPARISON OF EXISTING AND FINAL RULE AMATEUR ROCKET CLASSES

Existing rule categories: Final rule categories:

Model Rockets: Class 1—Model Rockets: • Uses no more than 4 ounces (113.5 grams) of propellant ...... • Uses no more than 125 grams (4.4 ounces) of propellant. • Uses a slow-burning propellant ...... • Uses a slow-burning propellant. • Is made of paper, wood, or breakable plastic ...... • Is made of paper, wood, or breakable plastic. • Contains no substantial metal parts ...... • Contains no substantial metal parts. • Weighs no more than 454 grams (16 ounces), including the pro- • Weighs no more than 1,500 grams (53 ounces) including propel- pellant. lant. Large Model Rockets: • Uses no more than 125 grams (4.4 ounces) of propellant. • Uses a slow-burning propellant. • Is made of paper, wood, or breakable plastic. • Contains no substantial metal parts. • Weighs no more than 1,500 grams (53 ounces) including propel- lant. Other: Class 2—High-Power Rockets: • Undefined—every unmanned rocket other than a model or large • A rocket other than a Class 1, propelled by a rocket motor or model rocket. motors having a combined total impulse of 40,960 N-sec (9,208 lb-sec) or less. Class 3—Advanced High-Power Rockets: • Any amateur rocket other than a Class 1 or 2. Other: • Any unmanned rocket that is not an amateur rocket.

Revision of Data Collection Process traffic facility. In addition, for the larger requirements that must be reported to amateur rockets, it may be necessary to the nearest FAA air traffic control (ATC) Amateur rocket launches may require apply for a waiver and provide the facility. that data be provided to the nearest air required data. Table B–2 shows the data

TABLE B–2—AMATEUR ROCKET NOTICE REQUIREMENTS TO THE NEAREST AIR TRAFFIC FACILITY

Existing rule Final rule Class 2— Class 3— Model Large model Other Class 1— high-power advanced high- Other rockets rockets model rocket rockets power rockets

Notice requirements to near- None ...... 24 hrs ...... 24 hrs ...... None ...... 24 hrs ...... 24 hrs ...... 24 hrs. est ATC facility. Operator: Name(s) and Ad- ...... √ √ ...... √ √ √ dress(es). Date/time the activity will ...... √ √ ...... √ √ √ begin. Estimated number of rockets ...... √ √ to be operated. Estimated size and weight of ...... √ √ each rocket. Location of the center of the ...... √ √ ...... √ √ √ affected area. Highest affected altitude ...... √ √ ...... √ √ √ Duration of the activity ...... √ √ ...... √ √ √ Date/time/duration ...... √ √ ...... √ √ √ Other pertinent information re- ...... √ √ ...... √ √ √ quested by the FAA.

No person may operate an unmanned the ATC facility. Notification is not This final rule will eliminate the rocket, other than a Class 1—Model required for the expanded Class 1— requirement to obtain a license or Rocket, unless that person gives the Model Rocket category under this final permit for launches where the burn-time information shown in Table B–2 to the rule. exceeds 15 seconds. Hence, the ATC facility nearest the intended Table B–3 shows the information proposed launches that previously operation no less than 24 hours before requirements for a certificate of waiver required a license or permit, now would and no more than three days before or authorization. As is shown on the only require a waiver or authorization beginning the operation. This final rule table, no certificate of waiver or from the FAA, and only if operating will expand the model rocket category authorization is required to operate a beyond the limitations listed in to include what had been large model Class 1–Model Rocket. With the §§ 101.25 or 101.26. These limitations rockets. Previously, a person operating a expansion of this category to include include operating in controlled airspace large model rocket needed to provide what had been large model rockets, this and within 8 kilometers (5 miles) of any the information shown on Table B–2 to final rule will reduce waiver requests.

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airport boundary without prior type of information shown in Table B– specifying the required information will authorization by the FAA. 3 was provided with the request for a actually reduce the burden on The primary difference between the waiver. However, the FAA often needed applicants. information requirements in the existing to request more detailed information. The Table B–3 entries labeled current rule and the new rule is that the The asterisk indicates that the practice are not existing FAA information previously required as part information typically is required only regulations. By current practice we of the request for a waiver or for more powerful or advanced amateur authorization was identified generally rockets. Some of the informational mean the FAA would typically ask for as ‘‘a detailed description of the elements are typically not applicable for and amateur rocket operators would proposed operation.’’ In practice, the smaller rockets. The FAA believes a rule submit this information before a launch.

TABLE B–3—INFORMATIONAL REQUIREMENTS FOR A CERTIFICATE OF WAIVER OR AUTHORIZATION

Existing rule This final rule Class 3—ad- Model rockets Large model Other Class 1— Class 2—high vanced high rockets model rocket power rockets power rockets

When a certificate of waiver or an authorization is required. Submission of Form 7711–2 (time No ...... 45 days ...... 45 days ...... No ...... 45 days ...... 45 days before event). Name of organization ...... √ √ ...... √ √ Name of responsible person ...... √ √ ...... √ √ Permanent mailing address ...... √ √ ...... √ √ FAR section and number to be ...... √ √ ...... √ √ waived. Detailed description of proposed ...... √ √ ...... √ √ operation, such as: Estimated number of rockets to ...... Current practice ...... √ √ be operated. Type of propulsion (liquid or ...... Current practice ...... √ √ solid), fuel(s), and oxidizer(s). Description of launcher(s) planned ...... Current practice* ...... √ √ to be used, including any air- borne platform(s). Description of recovery system ...... Current practice * ...... √ √ Highest altitude, above ground ...... Current practice ...... √ √ level, expected to be reached. Launch site latitude, longitude, ...... Current practice ...... √ √ and elevation. Any additional safety procedures ...... Current practice ...... √ √ that will be followed. Maximum possible range ...... Current practice ...... √ Dynamic stability characteristics ...... Current practice * ...... √ for the entire flight profile. Description of all major rocket ...... Current practice * ...... √ systems. Description of other support ...... Current practice * ...... √ equipment necessary for safe operation. Planned flight profile and se- ...... Current practice * ...... √ quence of events. All nominal impact areas within ...... Current practice * ...... √ three standard deviations. Launch commit criteria ...... Current practice * ...... √ Countdown procedures ...... Current practice * ...... √ Mishap procedures ...... Current practice * ...... √ Area of operation (Location, alti- ...... √ √ ...... √ √ tude, etc.). Beginning (Date and hour) ...... √ √ ...... √ √ Ending (Date and hour) ...... √ √ ...... √ √ Area of operation (Location, alti- ...... √ √ ...... √ √ tudes, etc.). Aircraft make and model ...... √ √ ...... √ √ Sponsor of event ...... √ √ ...... √ √ Sponsor’s permanent mailing ad- ...... √ √ ...... √ √ dress. Policing (Description of provisions ...... √ √ ...... √ √ for policing event). Emergency facilities ...... √ √ ...... √ √ Air Traffic control (Description of ...... √ √ ...... √ √ method of controlling air traffic). Schedule of Events ...... √ √ ...... √ √

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TABLE B–3—INFORMATIONAL REQUIREMENTS FOR A CERTIFICATE OF WAIVER OR AUTHORIZATION—Continued

Existing rule This final rule Class 3—ad- Model rockets Large model Other Class 1— Class 2—high vanced high rockets model rocket power rockets power rockets

Certification ...... √ √ ...... √ √

A positive effect of the new • Insure amateur rocket activities to the FAA for Large Model Rockets and classifications and definitions is that would be conducted in accordance with 200 annual waivers for Other Rockets. they allow for the unlicensed launching all international treaties; Final Rule Costs of liquid rockets at their optimum burn • Insure that amateur rocket activities rates. Today, someone who wanted to would not interfere with objects in orbit. Table C–2 lists approximately launch a liquid rocket at its optimum • Provide cost savings to both $8,378,000 as the total annual cost of burn rate would have to obtain a license amateur rocket operators and the FAA. this final rule. This includes the costs of that requires complicated analyses that Class 2 and 3 amateur rockets. No costs can cost up to $100,000. An alternative Costs are estimated for Class 1 amateur would be to adjust the burn rate of the Introduction rockets. The costs are based on a total liquid rocket to meet the current of 200 annual waivers, 198 for Class 2 requirements. This alternative would This section shows the costs of the rockets and 2 for Class 3 rockets. result in either a reduced rocket existing rule, the estimated costs of this The reason for the decrease in costs performance or reduced rocket safety. final rule, and the incremental costs of for Class 1 rockets from the existing rule Therefore, this final rule provides some this final rule. The incremental costs are to this final rule is that Large Model the costs of this final rule subtracted potential cost savings and performance Rockets included in Class 1 rockets in from the costs of the existing rule. and safety improvements. this final rule generally no longer will The costs of both the existing and this require a notification to FAA and rarely Benefits Summary final rule are determined by multiplying require a waiver. the number of hours to perform a As discussed above, this final rule required task by the hourly cost of the Incremental Final Rule Costs provides benefits. The major benefits of person performing the task. The number Our incremental cost estimate equals this final rule are summarized below: of hours is estimated by the Office of the total cost of this final rule minus the • Eliminate inconsistencies in the Commercial Space Transportation (AST) total cost of the existing requirements. existing rules; of the FAA. The cost of an aerospace Table C–3 lists the annual • Provide new definitions of amateur engineer is estimated by the Office of incremental cost of this final rule as rocket categories that would allow Policy and Plans (APO) of the FAA. The about a negative $507,870. This amateur rocket operators to more easily fully allocated hourly costs of an represents a cost-saving benefit for the determine what, if any, regulations they aerospace engineer are estimated to be final rule. The study period for the costs would have to comply with; $81. of this final rule is estimated to be 10 years. The total 10-year cost savings of • Existing Rule Costs Allow unlicensed launches of this final rule is estimated to be liquid rockets at optimum performance Table C–1 shows that the total annual approximately $5,080,000 in current levels; cost of the existing rule is estimated to dollars with a present value of • Streamline and clarify the data be approximately $8,886,000. This $3,567,000 with a discount rate of 7%. collection process in cases where a includes the costs of Large Model Thus, as the incremental cost estimate proposed launch would require that the Rockets and Other Rockets. No costs are results in cost savings, the benefits of amateur rocket operator provide data to estimated for Model Rockets. The costs this rule exceed the costs. the FAA; are based on a total of 100 notifications BILLING CODE 4910–13–P

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BILLING CODE 4910–13–C

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Regulatory Flexibility Determination considered unnecessary obstacles. The Concerning Regulations that The Regulatory Flexibility Act of 1980 statute also requires consideration of Significantly Affect Energy Supply, (Pub. L. 96–354) (RFA) establishes ‘‘as a international standards and, where Distribution, or Use (May 18, 2001). We principle of regulatory issuance that appropriate, that they be the basis for have determined that it is not a agencies shall endeavor, consistent with U.S. standards. ‘‘significant energy action’’ under the This final rule will not have an the objectives of the rule and of executive order because it is not a impact on international trade because it applicable statutes, to fit regulatory and ‘‘significant regulatory action’’ under applies only to launches conducted in informational requirements to the scale Executive Order 12866, and it is not the United States. This final rule will of the businesses, organizations, and likely to have a significant adverse effect help insure that all international treaties governmental jurisdictions subject to on the supply, distribution, or use of with respect to space and amateur regulation. To achieve this principle, energy. rocket launches will be complied with. agencies are required to solicit and The FAA has assessed the potential Availability of Rulemaking Documents consider flexible regulatory proposals effect of this final rule and has You can get an electronic copy of and to explain the rationale for their determined that it will have only a rulemaking documents using the actions to assure that such proposals are domestic impact and therefore no affect Internet by— given serious consideration.’’ The RFA on international trade. 1. Searching the Federal eRulemaking covers a wide-range of small entities, Portal (http://www.regulations.gov); including small businesses, not-for- Unfunded Mandates Assessment 2. Visiting the FAA’s Regulations and profit organizations, and small Title II of the Unfunded Mandates Policies Web page at http:// governmental jurisdictions. Reform Act of 1995 (Pub. L. 104–4) www.faa.gov/regulations_policies/; or Agencies must perform a review to requires each Federal agency to prepare 3. Accessing the Government Printing determine whether a rule will have a a written statement assessing the effects Office’s Web page at http:// significant economic impact on a of any Federal mandate in a proposed or www.gpoaccess.gov/fr/index.html. substantial number of small entities. If final agency rule that may result in an You can also get a copy by sending a the agency determines that it will, the expenditure of $100 million or more request to the Federal Aviation agency must prepare a regulatory (adjusted annually for inflation with the Administration, Office of Rulemaking, flexibility analysis as described in the base year 1995) in any one year by State, ARM–1, 800 Independence Avenue, RFA. local, and tribal governments, in the SW., Washington, DC 20591, or by However, if an agency determines that aggregate, or by the private sector; such calling (202) 267–9680. Make sure to a rule is not expected to have a a mandate is deemed to be a ‘‘significant identify the amendment number or significant economic impact on a regulatory action.’’ The FAA currently docket number of this rulemaking. substantial number of small entities, uses an inflation-adjusted value of Anyone is able to search the section 605(b) of the RFA provides that $136.1 million in lieu of $100 million. electronic form of all comments the head of the agency may so certify This final rule does not contain such received into any of our dockets by the and a regulatory flexibility analysis is a mandate; therefore, the requirements name of the individual submitting the not required. The certification must of Title II of the Act do not apply. comment (or signing the comment, if include a statement providing the submitted on behalf of an association, factual basis for this determination, and Executive Order 13132, Federalism business, labor union, etc.). You may the reasoning should be clear. The FAA has analyzed this final rule review DOT’s complete Privacy Act The FAA believes that this final rule under the principles and criteria of statement in the Federal Register will not have a significant negative Executive Order 13132, Federalism. We published on April 11, 2000 (Volume economic impact on a substantial determined that this action will not 65, Number 70; Pages 19477–78) or you number of small entities. This final rule have a substantial direct effect on the may visit http://DocketsInfo.dot.gov. will affect a large number of small States, or the relationship between the Small Business Regulatory Enforcement entities. These small entities would national Government and the States, or Fairness Act include the individuals, organizations, on the distribution of power and and firms involved in launching responsibilities among the various The Small Business Regulatory amateur rockets. However, although this levels of government, and, therefore, Enforcement Fairness Act (SBREFA) of final rule will affect a large number of does not have federalism implications. 1996 requires FAA to comply with small entities, it will not have a negative small entity requests for information or economic impact because this final rule Environmental Analysis advice about compliance with statutes results in substantial cost savings FAA Order 1050.1E identifies FAA and regulations within its jurisdiction. If compared to the existing rule. actions that are categorically excluded you are a small entity and you have a Therefore, as the Acting FAA from preparation of an environmental question regarding this document, you Administrator, I certify that this final assessment or environmental impact may contact your local FAA official, or rule will not have a significant statement under the National the person listed under the FOR FURTHER economic impact on a substantial Environmental Policy Act in the INFORMATION CONTACT heading at the number of small entities. absence of extraordinary circumstances. beginning of the preamble. You can find The FAA has determined this out more about SBREFA on the Internet International Trade Impact Assessment rulemaking action qualifies for the at http://www.faa.gov/ The Trade Agreements Act of 1979 categorical exclusion identified in regulations_policies/rulemaking/ (Pub. L. 96–39) prohibits Federal paragraph 312d and involves no sbre_act/. agencies from establishing any extraordinary circumstances. standards or engaging in related List of Subjects in 14 CFR Parts 1, 101, activities that create unnecessary Regulations That Significantly Affect 400, 401, and 420 obstacles to the foreign commerce of the Energy Supply, Distribution, or Use Aircraft, Aviation safety, Life-limited United States. Legitimate domestic The FAA has analyzed this final rule parts, Reporting and recordkeeping objectives, such as safety, are not under Executive Order 13211, Actions requirements.

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The Amendment (1) Uses no more than 125 grams (4.4 (g) Any other pertinent information ounces) of propellant; requested by the ATC facility. ■ In consideration of the foregoing, the (2) Uses a slow-burning propellant; ■ Federal Aviation Administration 9. Add new § 101.25 to Subpart C to (3) Is made of paper, wood, or read as follows: amends parts 1, 101, 400, 401, and 420 breakable plastic; of Title 14, Code of Federal Regulations, (4) Contains no substantial metal § 101.25 Operating limitations for Class as follows: parts; and 2—High-Power Rockets. PART 1—DEFINITIONS AND (5) Weighs no more than 1,500 grams (a) You must comply with the General ABBREVIATIONS (53 ounces), including the propellant. Operating Limitations of § 101.23. (b) Class 2—High-Power Rocket (b) In addition, you must not operate ■ 1. The authority citation for part 1 means an amateur rocket other than a a Class 2—High-Power Rocket— continues to read as follows: model rocket that is propelled by a (1) At any altitude where clouds or Authority: 49 U.S.C. 106(g), 40113, 44701. motor or motors having a combined obscuring phenomena of more than five- total impulse of 40,960 Newton-seconds tenths coverage prevails; ■ 2. Add the following definition of (9,208 pound-seconds) or less. (2) At any altitude where the Amateur rocket in alphabetical order to (c) Class 3—Advanced High-Power horizontal visibility is less than five § 1.1 to read as follows: Rocket means an amateur rocket other miles; than a model rocket or high-power (3) Into any cloud; § 1.1 General definitions. rocket. (4) Between sunset and sunrise * * * * * ■ 7. Revise § 101.23 to read as follows: without prior authorization from the Amateur rocket means an unmanned FAA; rocket that: § 101.23 General operating limitations. (5) Within 8 kilometers (5 statute (1) Is propelled by a motor or motors (a) You must operate an amateur miles) of any airport boundary without having a combined total impulse of rocket in such a manner that it: prior authorization from the FAA; 889,600 Newton-seconds (200,000 (1) Is launched on a suborbital (6) In controlled airspace without pound-seconds) or less; and trajectory; prior authorization from the FAA; (2) Cannot reach an altitude greater (2) When launched, must not cross (7) Unless you observe the greater of than 150 kilometers (93.2 statue miles) into the territory of a foreign country the following separation distances from above the earth’s surface. unless an agreement is in place between any person or property that is not * * * * * the United States and the country of associated with the operations applies: concern; (i) Not less than one-quarter the PART 101—MOORED BALLOONS, (3) Is unmanned; and maximum expected altitude; KITES, UNMANNED ROCKETS AND (4) Does not create a hazard to (ii) 457 meters (1,500 ft.); UNMANNED FREE BALLOONS persons, property, or other aircraft. (8) Unless a person at least eighteen (b) The FAA may specify additional years old is present, is charged with ■ 3. The authority citation for part 101 operating limitations necessary to ensuring the safety of the operation, and continues to read as follows: ensure that air traffic is not adversely has final approval authority for Authority: 49 U.S.C. 106(g), 40103, 40113– affected, and public safety is not initiating high-power rocket flight; and 40114, 45302, 44502, 44514, 44701–44702, jeopardized. (9) Unless reasonable precautions are 44721, 46308. ■ 8. Redesignate § 101.25 as § 101.27 provided to report and control a fire ■ 4. Amend § 101.1 by revising and revise it to read as follows: caused by rocket activities. paragraph (a)(3) to read as follows: ■ 10. Add new § 101.26 to Subpart C to § 101.27 ATC notification for all launches. read as follows: § 101.1 Applicability. No person may operate an unmanned (a) * * * rocket other than a Class 1—Model § 101.26 Operating limitations for Class (3) Any unmanned rocket except Rocket unless that person gives the 3—Advanced High-Power Rockets. aerial firework displays. following information to the FAA ATC You must comply with: * * * * * facility nearest to the place of intended (a) The General Operating Limitations ■ 5. Revise § 101.21 to read as follows: operation no less than 24 hours before of § 101.23; and no more than three days before (b) The operating limitations § 101.21 Applicability. beginning the operation: contained in § 101.25; (a) This subpart applies to operating (a) The name and address of the (c) Any other operating limitations for unmanned rockets. However, a person operator; except when there are Class 3—Advanced High-Power Rockets operating an unmanned rocket within a multiple participants at a single event, prescribed by the FAA that are restricted area must comply with the name and address of the person so necessary to ensure that air traffic is not § 101.25(b)(7)(ii) and with any designated as the event launch adversely affected, and public safety is additional limitations imposed by the coordinator, whose duties include not jeopardized. using or controlling agency. coordination of the required launch data ■ 11. Add § 101.29 to Subpart D to read (b) A person operating an unmanned estimates and coordinating the launch as follows: rocket other than an amateur rocket as event; defined in § 1.1 of this chapter must (b) Date and time the activity will § 101.29 Information requirements. comply with 14 CFR Chapter III. begin; (a) Class 2—High-Power Rockets. ■ 6. Revise § 101.22 to read as follows: (c) Radius of the affected area on the When a Class 2—High-Power Rocket ground in statute miles; requires a certificate of waiver or § 101.22 Definitions. (d) Location of the center of the authorization, the person planning the The following definitions apply to affected area in latitude and longitude operation must provide the information this subpart: coordinates; below on each type of rocket to the FAA (a) Class 1—Model Rocket means an (e) Highest affected altitude; at least 45 days before the proposed amateur rocket that: (f) Duration of the activity; operation. The FAA may request

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additional information if necessary to under 49 U.S.C. Subtitle IX, chapter PW4060, PW4062, PW4152, PW4156A, ensure the proposed operations can be 701, of commercial space transportation PW4158, PW4460, and PW4462 safely conducted. The information shall activities conducted in the United States turbofan engines. This AD requires a include for each type of Class 2 rocket or by a U.S. citizen. The regulations in onetime visual inspection of all EEC– expected to be flown: this chapter do not apply to amateur 131 model electronic engine controls (1) Estimated number of rockets, rockets activities, as defined in 14 CFR (EECs). This AD also requires the EECs (2) Type of propulsion (liquid or 1.1, or to space activities carried out by to be identified, categorized by group solid), fuel(s) and oxidizer(s), the United States Government on behalf number, marked, and replaced using a (3) Description of the launcher(s) of the United States Government. fleet management plan. This AD results planned to be used, including any from a report of an uncommanded airborne platform(s), PART 401—ORGANIZATION AND engine in-flight shutdown due to (4) Description of recovery system, DEFINITIONS defective EEC pulse width modulator (5) Highest altitude, above ground ■ (PWM) microcircuits. We are issuing level, expected to be reached, 14. The authority citation for part 401 this AD to prevent uncommanded in- (6) Launch site latitude, longitude, continues to read as follows: flight engine shutdowns which could and elevation, and Authority: 49 U.S.C. 70101–70121. result in loss of thrust and prevent (7) Any additional safety procedures continued safe flight or landing. § 401.5 [Amended] that will be followed. DATES: This AD becomes effective (b) Class 3—Advanced High-Power ■ 15. Amend § 401.5 by removing the January 8, 2009. The Director of the Rockets. When a Class 3—Advanced definition of Amateur rocket activities. Federal Register approved the High-Power Rocket requires a certificate incorporation by reference of certain PART 420—LICENSE TO OPERATE A of waiver or authorization the person publications listed in the regulations as LAUNCH SITE planning the operation must provide the of January 8, 2009. information below for each type of ■ 16. The authority citation for part 420 ADDRESSES: You can get the service rocket to the FAA at least 45 days before continues to read as follows: information identified in this AD from the proposed operation. The FAA may Pratt & Whitney, 400 Main St., East Authority: 49 U.S.C. 70101–70121. request additional information if Hartford, CT 06108; telephone (860) necessary to ensure the proposed ■ 17. Revise § 420.3 to read as follows: 565–8770; fax (860) 565–4503. operations can be safely conducted. The The Docket Operations office is information shall include for each type § 420.3 Applicability. located at Docket Management Facility, of Class 3 rocket expected to be flown: This part applies to any person U.S. Department of Transportation, 1200 (1) The information requirements of seeking a license to operate a launch site New Jersey Avenue, SE., West Building paragraph (a) of this section, or to a person licensed under this part. Ground Floor, Room W12–140, (2) Maximum possible range, A person operating a site that only Washington, DC 20590–0001. (3) The dynamic stability supports amateur rocket activities as FOR FURTHER INFORMATION CONTACT: characteristics for the entire flight defined in 14 CFR 1.1, does not need a Kevin Dickert, Aerospace Engineer, profile, license under this part to operate the Engine Certification Office, FAA, Engine (4) A description of all major rocket site. & Propeller Directorate, 12 New England systems, including structural, Issued in Washington, DC, on November Executive Park, Burlington, MA 01803; pneumatic, propellant, propulsion, 24, 2008. e-mail: [email protected]; telephone ignition, electrical, avionics, recovery, Robert A. Sturgell, (781) 238–7117; fax (781) 238–7199. wind-weighting, flight control, and SUPPLEMENTARY INFORMATION: The FAA tracking, Acting Administrator. proposed to amend 14 CFR part 39 with (5) A description of other support [FR Doc. E8–28703 Filed 12–3–08; 8:45 am] a proposed AD. The proposed AD equipment necessary for a safe BILLING CODE 4910–13–P applies to P&W PW4052, PW4056, operation, PW4060, PW4062, PW4152, PW4156A, (6) The planned flight profile and DEPARTMENT OF TRANSPORTATION PW4158, PW4460, and PW4462 sequence of events, turbofan engines. We published the (7) All nominal impact areas, Federal Aviation Administration proposed AD in the Federal Register on including those for any spent motors August 14, 2008 (73 FR 47561). That and other discarded hardware, within 14 CFR Part 39 action proposed to require a onetime three standard deviations of the mean visual inspection of all EEC–131 model impact point, [Docket No. FAA–2008–0589; Directorate EECs. That action also proposed to (8) Launch commit criteria, Identifier 2008–NE–17–AD; Amendment 39– require the EECs to be identified, (9) Countdown procedures, and 15757; AD 2008–24–13] categorized by group number, marked, (10) Mishap procedures. RIN 2120–AA64 and replaced using a fleet management PART 400—BASIS AND SCOPE Airworthiness Directives; Pratt & plan. Whitney PW4000 Series 94-Inch Fan Examining the AD Docket ■ 12. The authority citation for part 400 Turbofan Engines continues to read as follows: You may examine the AD docket on AGENCY: Federal Aviation the Internet at http:// Authority: 49 U.S.C. 70101–70121. Administration (FAA), Department of www.regulations.gov; or in person at the ■ 13. Revise § 400.2 to read as follows: Transportation (DOT). Docket Operations office between 9 a.m. ACTION: Final rule. and 5 p.m., Monday through Friday, § 400.2 Scope. except Federal holidays. The AD docket These regulations set forth the SUMMARY: The FAA is adopting a new contains this AD, the regulatory procedures and requirements applicable airworthiness directive (AD) for Pratt & evaluation, any comments received, and to the authorization and supervision Whitney (P&W) PW4052, PW4056, other information. The street address for

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the Docket Operations office (telephone We partially agree. While some section, therefore, we did not change the (800) 647–5527) is provided in the operators may have the capability of AD. ADDRESSES section. Comments will be reliably tracking EECs in their fleet Request for Aircraft Maintenance available in the AD docket shortly after without physically remarking them, we Manuals To Be Updated receipt. determined that not all operators share this capability. In the absence of an Lufthansa Technik AG and Royal Comments alternate method of categorizing EECs Dutch Airlines request that we arrange We provided the public the into the appropriate group, the AD for the Aircraft Maintenance Manuals opportunity to participate in the requires physical remarking of the EECs. (AMM) to be updated to reflect the development of this AD. We have This is done to prevent Group 1 EECs requirements set forth in this AD. considered the comments received. from being inadvertently moved from We disagree. While changes to the one engine or airplane to another, and AMM may be warranted, the Request To Change Compliance From to aid in the prioritization of EEC requirements set forth in this AD are Cycles In Service Since New returns to Hamilton Sundstrand. sufficient to address the unsafe Pratt & Whitney, Airbus S.A.S., Operators who believe they have condition addressed by the AD. We Boeing, the Air Transport Association sufficient means of categorizing EECs suggest that the commenters request (ATA), and 10 carriers request that we without physically remarking the parts, changes to the AMM directly to the change cycles in service ‘‘since new’’ to should request an Alternative Method of airframer. We did not change the AD. Compliance in accordance with cycles in service ‘‘from the effective date Request To Add Provisions to the AD compliance paragraph (o) of the AD. We of this AD’’. They state that cycles in To Accept Work Done Previously Using did not change the AD. service since new was probably selected the Original Issue or Revision 1 of P&W in error by the FAA, as the age of the Request To Increase the Costs of ASB No. PW4ENG A73–214 fleet would require most of the EECs to Compliance Estimate be removed immediately. One commenter, United Parcel We agree. We changed the AD to FedEx, United Airlines, and the ATA, Service, requests that we add provisions reflect ‘‘cycles in service from the request that we increase the costs of to the AD to accept work done effective date of this AD’’. compliance estimate in the AD. The previously using the original issue or commenters state that it takes 2 hours to Revision 1 of P&W ASB No. PW4ENG Request for Clarification on Group 4 remove the old EEC and install its A73–214. The commenter states that EEC Classification replacement. They state that a post accomplishment of original issue or Pratt & Whitney and Northwest installation Required Inspection Item Revision 1, satisfies the requirements in Airlines request clarification on the and engine idle test, must be performed Revision 2 of ASB No. PW4ENG A73– classification of Group 4 EECs, and on for each EEC replacement. 214. what action is required for group 4 We partially agree. Although the We agree. Rework done using the EECs. They express confusion on how proposed AD states that 1 work-hour per original issue and Revision 1 of P&W Group 4 EECs are handled in the engine was considered in the estimate ASB No. PW4ENG A73–214 satisfies the proposed AD. for replacing the EEC, the estimate of ASB Revision 2 requirements for Groups $467,200 includes 3 work-hours (1 hour 1, 2, and 3 EECs. We added a Previous We provide clarification as follows: for inspecting, categorizing, and Credit paragraph as follows: Group 4 is a category of EECs that marking the EEC and 2 hours for ‘‘(n) Inspecting, categorizing, and have been identified as having non- removing and replacing the EEC) and marking of EECs before the effective defective PWMs, either by the serial $400 for replacement parts for each EEC. date of this AD performed using the numbers published in P&W Service The three-hour estimate, therefore, is Accomplishment Instructions of P&W Bulletin (SB) No. PW4ENG A73–214, or accurate. However, to properly reflect Alert SB No. PW4ENG A73–214 original through the completion of the repair that estimate, we changed the costs of issue or Revision 1, satisfy the described in Hamilton Sunstrand SB compliance to read: requirements of paragraph (f)(1) of this No. EEC131–1–73–59. We changed the ‘‘We also estimate that it will take AD.’’ AD by adding compliance paragraph about 1 work-hour per engine to inspect, (h)(3) as follows: categorize, and mark each of the 730 Claim That SBs Are Incorrectly Labeled ‘‘(3) There are no scheduled EECs, and 2 work-hours per engine to United Airlines and the ATA claim replacement requirements for Group 4 remove and replace up to 730 EECs.’’ that in two locations of the proposed EECs.’’ AD, P&W SBs are incorrectly labeled, We also changed compliance Suggestion for More Consistency With either as Alert SBs or as non-Alert SBs. paragraph (i) to read: ‘‘A serviceable the SBs We agree. However, one of the EEC is an EEC that does not violate the Pratt & Whitney Cheshire Engine locations is in the proposed AD EEC installation procedure as provided Center and Airbus S.A.S., suggest Discussion section, which we do not by paragraphs (k), (l), and (m) of this changes to the Discussion section of the repeat in the AD, and the other location AD, or a Group 4 EEC.’’ proposed AD, so there would be more is already corrected due to a previous consistency between the AD and P&W Request To Re-Evaluate EEC Marking comment response. Alert SB No. PW4ENG A73–214 and FedEx and Lufthansa Technik AG P&W SB No. PW4ENG 73–216. Question on Whether Omission of SB request that the EEC marking We disagree. While the description of References Was Intentional requirements be re-evaluated so that the the issue in the SBs is more detailed, the One commenter, Airbus S.A.S., operators who have a means of verifying intent of the Discussion section in the questions whether the omission of any and tracking units can be exempted proposed AD is to provide a summary reference of P&W SB No. PW4ENG 73– from the physical marking of the EEC. of the unsafe condition, rather than an 215 was intentional. The commenter They state that the physical marking in-depth technical discussion. The final states that SBs No. PW4ENG A73–214, adds an unnecessary burden on their rule AD does not repeat the information No. PW4ENG 73–215, and No. PW4ENG maintenance system. from the proposed AD Discussion 73–216, were issued by P&W as a group,

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to address the unsafe condition AD, but not later than 21⁄2 years after the rules on aviation safety. Subtitle I, addressed by this AD. effective date of this AD. Section 106, describes the authority of We intentionally omitted that SB (2) Group 3 EECs, before reaching the FAA Administrator. Subtitle VII, reference. P&W SB No. PW4ENG 73–215 13,000 CIS after the effective date of this Aviation Programs, describes in more limits the installation of Group 1 EECs AD, but not later than 61⁄2 years after the detail the scope of the Agency’s to one per airplane within one year from effective date of this AD.’’ authority. the SB issue date. Because the We also changed prohibition We are issuing this rulemaking under recommended compliance end-date for paragraphs (k), (l), and (m) from: the authority described in Subtitle VII, P&W SB No. PW4ENG 73–215 action ‘‘(k) Do not install any Group 1 EEC Part A, Subpart III, Section 44701, after 1 year from the effective date of coincides with the compliance time to ‘‘General requirements.’’ Under that this AD or any Group 1 EEC that has remove all Group 1 EECs as required by section, Congress charges the FAA with reached 2,000 CIS since new. this AD, we determined that it was only promoting safe flight of civil aircraft in necessary to mandate the removal of all (l) Do not install any Group 2 EEC after 2 years from the effective date of air commerce by prescribing regulations Group 1 EECs. Operators are encouraged this AD or any Group 2 EEC that has for practices, methods, and procedures to evaluate all the recommended reached 4,000 CIS since new. the Administrator finds necessary for maintenance actions provided by the (m) Do not install any Group 3 EEC safety in air commerce. This regulation manufacturer to accomplish smooth after 6 years from the effective date of is within the scope of that authority fleet-wide compliance with the this AD or any Group 3 EEC that has because it addresses an unsafe condition requirements of this AD. We did not reached 14,000 CIS since new.’’ that is likely to exist or develop on change the AD. To: products identified in this rulemaking Suggestion To Change the Part Number ‘‘(k) Do not install any Group 1 EEC action. on EECs after 1 year from the effective date of Regulatory Findings this AD or any Group 1 EEC that has Northwest Airlines suggests that the accumulated an additional 2,000 CIS We have determined that this AD will part number be changed on the EEC, as from the effective date of this AD. not have federalism implications under opposed to categorizing and marking (l) Do not install any Group 2 EEC Executive Order 13132. This AD will Group numbers, as discussed in the after 21⁄2 years from the effective date of not have a substantial direct effect on proposed AD. The commenter states this AD or any Group 2 EEC that has the States, on the relationship between that doing this would allow ease of accumulated an additional 5,000 CIS the national government and the States, tracking parts and ease of showing from the effective date of this AD. or on the distribution of power and compliance to the AD. (m) Do not install any Group 3 EEC responsibilities among the various We disagree. We consider the after 61⁄2 years from the effective date of levels of government. addition of a Group number to the part this AD or any Group 3 EEC that has For the reasons discussed above, I marking to be sufficient means for accumulated an additional 13,000 CIS certify that this AD: identification of EECs. The method of from the effective date of this AD.’’ (1) Is not a ‘‘significant regulatory tracking compliance to the AD is left up Conclusion action’’ under Executive Order 12866; to each operator. We did not change the AD. We have carefully reviewed the (2) Is not a ‘‘significant rule’’ under available data, including the comments DOT Regulatory Policies and Procedures Request To Change the Compliance received, and determined that air safety (44 FR 11034, February 26, 1979); and Times and the public interest require adopting (3) Will not have a significant Northwest Airlines and P&W request the AD with the changes described economic impact, positive or negative, that we change the proposed AD previously. We have determined that on a substantial number of small entities compliance times to make them these changes will neither increase the under the criteria of the Regulatory consistent with the SBs. economic burden on any operator nor Flexibility Act. We partially agree. The compliance increase the scope of the AD. We prepared a summary of the costs times in the proposed AD were Costs of Compliance to comply with this AD and placed it in compressed from those in the SBs, due the AD Docket. You may get a copy of We estimate that this AD will affect to the cycle time associated with issuing this summary at the address listed 730 P&W PW4000 series 94-inch fan an AD. The intent was for the end-date under ADDRESSES. turbofan engines installed on airplanes of the proposed AD compliance times to of U.S. registry. We also estimate that it List of Subjects in 14 CFR Part 39 roughly agree with those in the will take about 1 work-hour per engine referenced SBs. To better achieve this to inspect, categorize, and mark each of Air transportation, Aircraft, Aviation intent, we updated the compliance the 730 EECs, and 2 work-hours per safety, Incorporation by reference, times in the AD. We changed engine to remove and replace up to 730 Safety. compliance paragraphs (h)(1) and (h)(2) EECs. The average labor rate is $80 per Adoption of the Amendment from: work-hour. Required replacement parts ‘‘(1) Group 2 EECs, before reaching will cost about $400 per engine. Based ■ Accordingly, under the authority 4,000 CIS since new, but not later than on these figures, we estimate the total delegated to me by the Administrator, 2 years after the effective date of this cost of the AD to U.S. operators to be the Federal Aviation Administration AD. $467,200. This Costs of Compliance amends 14 CFR part 39 as follows: (2) Group 3 EECs, before reaching reflects only the requirements set forth 14,000 CIS since new, but not later than by the AD, which is the removal and PART 39—AIRWORTHINESS 6 years after the effective date of this replacement of the EEC. DIRECTIVES AD.’’ To: Authority for This Rulemaking ■ 1. The authority citation for part 39 ‘‘(1) Group 2 EECs, before reaching Title 49 of the United States Code continues to read as follows: 5,000 CIS after the effective date of this specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701.

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§ 39.13 [Amended] not violate the EEC installation procedure as St., East Hartford, CT 06108; telephone (860) ■ 2. The FAA amends § 39.13 by adding provided by paragraphs (k), (l), and (m) of 565–8770; fax (860) 565–4503, for a copy of this AD, as follows: this service information. You may review the following new airworthiness (1) Group 2 EECs, before reaching 5,000 copies at the FAA, New England Region, 12 directive: CIS after the effective date of this AD, but not New England Executive Park, Burlington, 2008–24–13 Pratt & Whitney: Amendment later than 21⁄2 years after the effective date of MA; or at the National Archives and Records 39–15757. Docket No. FAA–2008–0589; this AD. Administration (NARA). For information on Directorate Identifier 2008–NE–17–AD. (2) Group 3 EECs, before reaching 13,000 the availability of this material at NARA, call CIS after the effective date of this AD, but not 202–741–6030, or go to: http:// Effective Date later than 61⁄2 years after the effective date of www.archives.gov/federal-register/cfr/ibr- (a) This airworthiness directive (AD) this AD. locations.html. becomes effective January 8, 2009. (3) There are no scheduled replacement Issued in Burlington, Massachusetts, on requirements for Group 4 EECs. Affected ADs November 21, 2008. Peter A. White, (b) None. Definition of Serviceable EECs (i) A serviceable EEC is an EEC that does Assistant Manager, Engine and Propeller Applicability not violate the EEC installation procedure as Directorate, Aircraft Certification Service. (c) This AD applies to Pratt & Whitney provided by paragraphs (k), (l), and (m) of [FR Doc. E8–28270 Filed 12–3–08; 8:45 am] (P&W) PW4052, PW4056, PW4060, PW4062, this AD, or a Group 4 EEC. BILLING CODE 4910–13–P PW4152, PW4156A, PW4158, PW4460, and (j) Information on obtaining a serviceable PW4462 turbofan engines. These engines are EEC can be found in P&W SB No. PW4ENG installed on, but not limited to, Airbus A300– 73–216, dated April 8, 2008. To obtain this DEPARTMENT OF TRANSPORTATION 600 and A310–300, and Boeing 747–400, SB, see paragraph (q) of this AD for P&W Boeing 767–200, 767–300, and MD–11 series contact information. Federal Aviation Administration airplanes. EEC Installation Prohibition Unsafe Condition (k) Do not install any Group 1 EEC after 1 14 CFR Part 39 (d) This AD results from a report of an year from the effective date of this AD or any [Docket No. FAA–2008–1258; Directorate uncommanded engine in-flight shutdown Group 1 EEC that has accumulated an Identifier 2008–NM–142–AD; Amendment due to defective electronic engine control additional 2,000 CIS from the effective date 39–15758; AD 2008–24–14] (EEC) pulse width modulator (PWM) of this AD. microcircuits. We are issuing this AD to (l) Do not install any Group 2 EEC after 21⁄2 RIN 2120–AA64 prevent uncommanded in-flight engine years from the effective date of this AD or shutdowns which could result in loss of any Group 2 EEC that has accumulated an Airworthiness Directives; Bombardier thrust and prevent continued safe flight or additional 5,000 CIS from the effective date Model CL–600–2B19 (Regional Jet landing. of this AD. Series 100 & 440) Airplanes (m) Do not install any Group 3 EEC after Compliance 61⁄2 years from the effective date of this AD AGENCY: Federal Aviation (e) You are responsible for having the or any Group 3 EEC that has accumulated an Administration (FAA), Department of actions required by this AD performed within additional 13,000 CIS from the effective date Transportation (DOT). the compliance times specified unless the of this AD. ACTION: actions have already been done. Final rule; request for Previous Credit comments. Onetime Visual Inspection and Reporting (n) Inspecting, categorizing, and marking of SUMMARY: We are adopting a new Requirements EECs before the effective date of this AD (f) Within 600 operating hours after the performed using the Accomplishment airworthiness directive (AD) for the effective date of this AD: Instructions of P&W Alert SB No. PW4ENG products listed above. This AD results (1) Perform a onetime visual inspection of A73–214 original issue or Revision 1, satisfy from mandatory continuing the EEC–131 model EECs to identify, the requirements of paragraph (f)(1) of this airworthiness information (MCAI) categorize, and mark them as a Group 1, AD. originated by an aviation authority of Group 2, Group 3, or Group 4 EEC. Alternative Methods of Compliance another country to identify and correct (2) Use paragraphs 1 through 7 in the an unsafe condition on an aviation Accomplishment Instructions of P&W Alert (o) The Manager, Engine Certification product. The MCAI describes the unsafe Service Bulletin No. PW4ENG A73–214, Office, has the authority to approve Revision 2, dated May 23, 2008, to inspect, alternative methods of compliance for this condition as: categorize, and mark the EECs. AD if requested using the procedures found Cracks on the main landing gear trunnion (3) Within 30 calendar days of completing in 14 CFR 39.19. fitting web have been discovered during paragraph (f)(1) of this AD, report all fatigue testing. Failure of the main landing Related Information inspection findings to Kevin Dickert, Engine gear trunnion fitting web could compromise Certification Office, Engine & Propeller (p) Contact Kevin Dickert, Aerospace the structural integrity of the trunnion fitting Directorate, 12 New England Executive Park, Engineer, Engine Certification Office, FAA, and result in a main landing gear Burlington, MA 01803. Engine & Propeller Directorate, 12 New collapse. * * * (4) The Office of Management and Budget England Executive Park, Burlington, MA This AD requires actions that are 01803; e-mail: [email protected]; (OMB) has approved the reporting intended to address the unsafe requirements and assigned OMB control telephone (781) 238–7117; fax (781) 238– number 2120–0056. 7199, for more information about this AD. condition described in the MCAI. DATES: This AD becomes effective Replacement of Group 1 EECs Material Incorporated by Reference December 19, 2008. (g) Replace Group 1 EECs with a (q) You must use the service information The Director of the Federal Register serviceable EEC before reaching 2,000 cycles- specified in Pratt & Whitney Alert Service approved the incorporation by reference in-service (CIS) after the effective date of this Bulletin No. PW4ENG A73–214, Revision 2, of a certain publication listed in the AD AD, but not later than one year from the dated May 23, 2008, to inspect, categorize, as of December 19, 2008. effective date of this AD. and mark the EECs. The Director of the Federal Register approved the incorporation We must receive comments on this Replacement of Groups 2, 3, and 4 EECs by reference of this service bulletin in AD by January 5, 2009. (h) Replace the following groups of EECs accordance with 5 U.S.C. 552(a) and 1 CFR ADDRESSES: You may send comments by with a serviceable EEC, or any EEC that does part 51. Contact Pratt & Whitney, 400 Main any of the following methods:

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• Federal eRulemaking Portal: Go to Relevant Service Information Comments Invited http://www.regulations.gov. Follow the Bombardier has issued Temporary This AD is a final rule that involves instructions for submitting comments. requirements affecting flight safety, and • Fax: (202) 493–2251. Revision 2B–2136, dated May 1, 2008, • to the Bombardier CL–600–2B19 we did not precede it by notice and Mail: U.S. Department of opportunity for public comment. We Transportation, Docket Operations, M– Maintenance Requirements Manual, Part 2, Appendix B—Airworthiness invite you to send any written relevant 30, West Building Ground Floor, Room data, views, or arguments about this AD. Limitations. W12–140, 1200 New Jersey Avenue, SE., Send your comments to an address Washington, DC 20590. The actions described in this service listed under the ADDRESSES section. • Hand Delivery: U.S. Department of information are intended to correct the Include ‘‘Docket No. FAA–2008–1258; Transportation, Docket Operations, M– unsafe condition identified in the Directorate Identifier 2008–NM–142– 30, West Building Ground Floor, Room MCAI. AD’’ at the beginning of your comments. W12–40, 1200 New Jersey Avenue, SE., We specifically invite comments on the Washington, DC, between 9 a.m. and 5 FAA’s Determination and Requirements of This AD overall regulatory, economic, p.m., Monday through Friday, except environmental, and energy aspects of Federal holidays. This product has been approved by this AD. We will consider all comments Examining the AD Docket the aviation authority of another received by the closing date and may You may examine the AD docket on country, and is approved for operation amend this AD because of those the Internet at http:// in the United States. Pursuant to our comments. We will post all comments we www.regulations.gov; or in person at the bilateral agreement with the State of receive, without change, to http:// Docket Operations office between 9 a.m. Design Authority, we have been notified www.regulations.gov, including any and 5 p.m., Monday through Friday, of the unsafe condition described in the personal information you provide. We except Federal holidays. The AD docket MCAI and service information will also post a report summarizing each contains this AD, the regulatory referenced above. We are issuing this AD because we evaluated all pertinent substantive verbal contact we receive evaluation, any comments received, and about this AD. other information. The street address for information and determined the unsafe the Docket Operations office (telephone condition exists and is likely to exist or Authority for This Rulemaking develop on other products of the same (800) 647–5527) is in the ADDRESSES Title 49 of the United States Code type design. section. Comments will be available in specifies the FAA’s authority to issue the AD docket shortly after receipt. Differences Between the AD and the rules on aviation safety. Subtitle I, FOR FURTHER INFORMATION CONTACT: MCAI or Service Information section 106, describes the authority of Pong K. Lee, Aerospace Engineer, the FAA Administrator. ‘‘Subtitle VII: Airframe and Propulsion Branch, ANE– We have reviewed the MCAI and Aviation Programs,’’ describes in more 171, FAA, New York Aircraft related service information and, in detail the scope of the Agency’s Certification Office, 1600 Stewart general, agree with their substance. But authority. Avenue, Suite 410, Westbury, New York we might have found it necessary to use We are issuing this rulemaking under 11590; telephone (516) 228–7324; fax different words from those in the MCAI the authority described in ‘‘Subtitle VII, (516) 794–5531. to ensure the AD is clear for U.S. Part A, Subpart III, Section 44701: SUPPLEMENTARY INFORMATION: operators and is enforceable. In making General requirements.’’ Under that these changes, we do not intend to differ section, Congress charges the FAA with Discussion substantively from the information promoting safe flight of civil aircraft in Transport Canada Civil Aviation provided in the MCAI and related air commerce by prescribing regulations (TCCA), which is the aviation authority service information. for practices, methods, and procedures for Canada, has issued Canadian We might also have required different the Administrator finds necessary for Airworthiness Directive CF–2008–21, actions in this AD from those in the safety in air commerce. This regulation dated June 12, 2008 (referred to after MCAI in order to follow FAA policies. is within the scope of that authority this as ‘‘the MCAI’’), to correct an unsafe Any such differences are highlighted in because it addresses an unsafe condition condition for the specified products. a Note within the AD. that is likely to exist or develop on The MCAI states: products identified in this rulemaking FAA’s Determination of the Effective Cracks on the main landing gear trunnion action. Date fitting web have been discovered during Regulatory Findings fatigue testing. Failure of the main landing An unsafe condition exists that gear trunnion fitting web could compromise We determined that this AD will not the structural integrity of the trunnion fitting requires the immediate adoption of this have federalism implications under and result in a main landing gear collapse. AD. The FAA has found that the risk to Executive Order 13132. This AD will A Temporary Revision has been made to the the flying public justifies waiving notice not have a substantial direct effect on Bombardier CL–600–2B19 Maintenance and comment prior to adoption of this the States, on the relationship between Requirements Manual, Appendix B, rule because if the actions specified in the national government and the States, ‘‘Airworthiness Limitations’’ to ensure that the service information are not or on the distribution of power and fatigue cracking of the trunnion fitting web accomplished at the specified threshold, responsibilities among the various is detected and corrected. cracking in the main landing gear levels of government. The corrective action is revising the trunnion fitting web could go For the reasons discussed above, I Airworthiness Limitations Section of undetected. Therefore, we determined certify this AD: the Instructions for Continued that notice and opportunity for public 1. Is not a ‘‘significant regulatory Airworthiness to incorporate new comment before issuing this AD are action’’ under Executive Order 12866; structural inspection requirements. You impracticable and that good cause exists 2. Is not a ‘‘significant rule’’ under the may obtain further information by for making this amendment effective in DOT Regulatory Policies and Procedures examining the MCAI in the AD docket. fewer than 30 days. (44 FR 11034, February 26, 1979); and

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3. Will not have a significant Effective Date Cracks on the main landing gear trunnion economic impact, positive or negative, (a) This airworthiness directive (AD) fitting web have been discovered during on a substantial number of small entities becomes effective December 19, 2008. fatigue testing. Failure of the main landing gear trunnion fitting web could compromise under the criteria of the Regulatory Affected ADs Flexibility Act. the structural integrity of the trunnion fitting (b) None. and result in a main landing gear collapse. We prepared a regulatory evaluation A Temporary Revision has been made to the Applicability of the estimated costs to comply with Bombardier CL–600–2B19 Maintenance this AD and placed it in the AD docket. (c) This AD applies to all Bombardier Requirements Manual, Appendix B, Model CL–600–2B19 (Regional Jet Series 100 List of Subjects in 14 CFR Part 39 ‘‘Airworthiness Limitations’’ to ensure that & 440) airplanes, certificated in any category. fatigue cracking of the trunnion fitting web Air transportation, Aircraft, Aviation Note 1: This AD requires revisions to is detected and corrected. safety, Incorporation by reference, certain operator maintenance documents to The corrective action is revising the Safety. include new inspections. Compliance with Airworthiness Limitations Section of the these inspections is required by 14 CFR Instructions for Continued Airworthiness to 91.403(c). For airplanes that have been Adoption of the Amendment incorporate new structural inspection previously modified, altered, or repaired in requirements. ■ Accordingly, under the authority the areas addressed by these inspections, the delegated to me by the Administrator, operator may not be able to accomplish the Actions and Compliance inspections described in the revisions. In this the FAA amends 14 CFR part 39 as (f) Unless already done, do the following situation, to comply with 14 CFR 91.403(c), follows: actions. the operator must request approval for an alternative method of compliance according (1) Within 30 days after the effective date PART 39—AIRWORTHINESS of this AD, revise the Airworthiness DIRECTIVES to paragraph (g)(1) of this AD. The request should include a description of changes to Limitations Section (ALS) of the Instructions for Continued Airworthiness to incorporate ■ the required inspections that will ensure the 1. The authority citation for part 39 the Airworthiness Limitation (AWL) No. 57– continues to read as follows: continued operational safety of the airplane. The FAA has provided guidance for this 21–161, as identified in Bombardier Authority: 49 U.S.C. 106(g), 40113, 44701. determination in Advisory Circular (AC) 25– Temporary Revision 2B–2136, dated May 1, 1529–1A. 2008, to the Bombardier CL–600–2B19 § 39.13 [Amended] Maintenance Requirements Manual, Part 2, Subject Appendix B—Airworthiness Limitations. The ■ 2. The FAA amends § 39.13 by adding initial compliance time for the task starts the following new AD: (d) Air Transport Association (ATA) of America Code 32: Landing Gear. from the applicable time specified in Table 2008–24–14 Bombardier, Inc. (Formerly 1 or Table 2 of this AD, as applicable. Repeat Canadair): Amendment 39–15758. Reason the inspection thereafter at the applicable Docket No. FAA–2008–1258; Directorate (e) The mandatory continuing interval specified in Bombardier Temporary Identifier 2008–NM–142–AD. airworthiness information (MCAI) states: Revision 2B–2136, dated May 1, 2008.

TABLE 1—PRE-MODSUM TC601R15827 AIRPLANES

If the airplane has accumulated (as of the effective date of this AD)— Then phase in the initial inspection—

23,500 total flight cycles or fewer ...... Prior to the accumulation of 25,000 total flight cycles. 23,501 to 25,000 total flight cycles ...... Prior to the accumulation of 26,000 total flight cycles, or within 1,500 flight cycles after the effective date of this AD, whichever occurs first. 25,001 to 26,000 total flight cycles ...... Prior to the accumulation of 26,500 total flight cycles, or within 1,000 flight cycles after the effective date of this AD, whichever occurs first. 26,001 or more total flight cycles ...... Within 500 flight cycles after the effective date of this AD.

TABLE 2—POST-MODSUM TC601R15827 AIRPLANES

If the airplane has accumulated (as of the effective date of this AD)— Then phase in the initial inspection—

15,667 total flight cycles or fewer ...... Prior to the accumulation of 16,667 total flight cycles. 15,668 to 16,667 total flight cycles ...... Prior to the accumulation of 17,333 total flight cycles, or within 1,000 flight cycles after the effective date of this AD, whichever occurs first. 16,668 to 17,333 total flight cycles ...... Prior to the accumulation of 17,666 total flight cycles, or within 666 flight cycles after the effective date of this AD, whichever occurs first. 17,334 or more total flight cycles ...... Within 333 flight cycles after the effective date of this AD.

(2) After accomplishing the actions FAA AD Differences Certification Office (ACO), FAA, has the specified in paragraph (f)(1) of this AD, no authority to approve AMOCs for this AD, if Note 2: This AD differs from the MCAI alternative inspections or inspection and/or service information as follows: No requested using the procedures found in 14 intervals may be used unless the inspection differences. CFR 39.19. Send information to ATTN: Pong or inspection interval is approved as an K. Lee, Aerospace Engineer, Airframe and alternative method of compliance (AMOC) in Other FAA AD Provisions Propulsion Branch, ANE–171, FAA, New accordance with the procedures specified in (g) The following provisions also apply to York ACO, 1600 Stewart Avenue, Suite 410, paragraph (g)(1) of this AD. this AD: Westbury, New York 11590; telephone (516) (1) Alternative Methods of Compliance 228–7324; fax (516) 794–5531. Before using (AMOCs): The Manager, New York Aircraft any approved AMOC on any airplane to

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which the AMOC applies, notify your DEPARTMENT OF THE TREASURY Economic Powers Act (50 U.S.C. 1701– appropriate principal inspector (PI) in the 1706) (‘‘IEEPA’’), the President declared FAA Flight Standards District Office (FSDO), Office of Foreign Assets Control a national emergency with respect to the or lacking a PI, your local FSDO. actions and policies of the Government (2) Airworthy Product: For any 31 CFR Part 560 of Iran, including its support for requirement in this AD to obtain corrective international terrorism, its efforts to actions from a manufacturer or other source, Iranian Transactions Regulations undermine the Middle East peace use these actions if they are FAA-approved. process, and its efforts to acquire Corrective actions are considered FAA- AGENCY: Office of Foreign Assets Control, Treasury. weapons of mass destruction and the approved if they are approved by the State means to deliver them. To deal with that of Design Authority (or their delegated ACTION: Final rule. threat, Executive Order 12957 imposed agent). You are required to assure the product is airworthy before it is returned to service. SUMMARY: The Department of the prohibitions on certain transactions (3) Reporting Requirements: For any Treasury’s Office of Foreign Assets with respect to the development of reporting requirement in this AD, under the Control (‘‘OFAC’’) is amending the Iranian petroleum resources. On May 6, provisions of the Paperwork Reduction Act, Iranian Transactions Regulations to 1995, to further respond to this threat, the Office of Management and Budget (OMB) expand the scope of Appendix A to Part the President issued Executive Order has approved the information collection 560 to include non-financial as well as 12959, which imposed comprehensive requirements and has assigned OMB Control financial institutions determined to be trade and financial sanctions on Iran. Number 2120–0056. owned or controlled by the Government Finally, on August 19, 1997, the (4) Special Flight Permits: Special flight of Iran, and to add to the appendix three President issued Executive Order 13059 permits, as described in Section 21.197 and non-financial institutions that have been consolidating and clarifying the Section 21.199 of the Federal Aviation determined to be owned or controlled previous orders. Regulations (14 CFR 21.197 and 21.199), are by the Government of Iran: The National The ITR implement these Executive not allowed. Iranian Oil Company (a.k.a. NIOC), orders and prohibit various transactions, including, among others, transactions Related Information Naftiran Intertrade Company Ltd (a.k.a. with the Government of Iran, a term (h) Refer to MCAI Canadian Airworthiness NICO), and Naftiran Intertrade Co. (NICO) Sarl. defined in § 560.304 to include any Directive CF–2008–21, dated June 12, 2008; entity owned or controlled by the DATES: Effective Date: December 3, 2008. and Bombardier Temporary Revision 2B– Government of Iran, which is a term that FOR FURTHER INFORMATION CONTACT: 2136, dated May 1, 2008, to the Bombardier is itself defined in § 560.313 of the ITR. CL–600–2B19 Maintenance Requirements Assistant Director for Compliance, Since its initial publication in 1999, Manual, Part 2, Appendix B—Airworthiness Outreach & Implementation, tel.: 202/ Appendix A to Part 560 has listed Limitations; for related information. 622–2490, Assistant Director for financial institutions that OFAC Material Incorporated by Reference Licensing, tel.: 202/622–2480, Assistant determined to be entities owned or Director for Policy, tel.: 202/622–4855, controlled by the Government of Iran, (i) You must use Bombardier Temporary Office of Foreign Assets Control, or Revision 2B–2136, dated May 1, 2008, to the within the meaning of §§ 560.304 and Chief Counsel (Foreign Assets Control), Bombardier CL–600–2B19 Maintenance 560.313 of the ITR. This appendix is Requirements Manual, Part 2, Appendix B— tel.: 202/622–2410, Office of the General intended to assist U.S. persons in Airworthiness Limitations Section, to do the Counsel, Department of the Treasury, complying with the ITR. OFAC is actions required by this AD, unless the AD Washington, DC 20220 (not toll free expanding the scope of appendix A to specifies otherwise. numbers). include all categories of entities, not just (1) The Director of the Federal Register SUPPLEMENTARY INFORMATION: financial institutions. This change will approved the incorporation by reference of allow OFAC to give notice when it this service information under 5 U.S.C. Electronic and Facsimile Availability determines that any entity is owned or 552(a) and 1 CFR part 51. This document and additional controlled by the Government of Iran. (2) For service information identified in information concerning OFAC are OFAC is expanding the scope of this AD, contact Bombardier, Inc., 400 Coˆte- available from OFAC’s Web site (http:// appendix A today in order to add the Vertu Road West, Dorval, Que´bec H4S 1Y9, www.treas.gov/ofac) or via facsimile National Iranian Oil Company (a.k.a. Canada; telephone 514–855–5000; fax 514– through a 24-hour fax-on demand NIOC), Naftiran Intertrade Company Ltd 855–7401; e-mail service, tel.: 202/622–0077. (a.k.a. NICO), and Naftiran Intertrade [email protected]; Internet http:// Co. (NICO) Sarl to the appendix as Background www.bombardier.com. entities that are owned or controlled by (3) You may review copies at the FAA, The Iranian Transactions Regulations, the Government of Iran within the Transport Airplane Directorate, 1601 Lind 31 CFR part 560 (the ‘‘ITR’’), implement meaning of §§ 560.304 and 560.313 of Avenue SW., Renton, Washington; or at the a series of Executive orders that began the ITR. The ITR prohibit most National Archives and Records with Executive Order 12613, which was Administration (NARA). For information on transactions with any entity, wherever issued on October 29, 1987, pursuant to the availability of this material at NARA, call located, that is owned or controlled by (202) 741–6030, or go to: http:// authorities including the International the Government of Iran. www.archives.gov/federal_register/ Security and Development Cooperation It is important to note that Appendix code_of_federal_regulations/ Act of 1985 (22 U.S.C. 2349aa–9). In that A to Part 560 is not a comprehensive list ibr_locations.html. Order, after finding, inter alia, that the of entities owned or controlled by the Government of Iran was actively Government of Iran. Even if an entity is Issued in Renton, Washington, on supporting terrorism as an instrument of not listed in appendix A, if it is owned November 19, 2008. state policy, the President prohibited or controlled by the Government of Iran, Stephen P. Boyd, the importation of Iranian-origin goods U.S. persons are prohibited from Assistant Manager, Transport Airplane and services. Subsequently, in engaging in transactions with that Directorate, Aircraft Certification Service. Executive Order 12957, issued on March entity, in any of its locations worldwide, [FR Doc. E8–28365 Filed 12–3–08; 8:45 am] 15, 1995, under the authority of, inter to the same extent that U.S. persons are BILLING CODE 4910–13–P alia, the International Emergency prohibited from engaging in transactions

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with the entities listed in appendix A. 19 and 20 as 22 and 23, respectively, ENVIRONMENTAL PROTECTION A U.S. person also is prohibited from and adding new paragraphs 19, 20, and AGENCY engaging in most transactions with 21, to read as follows: entities located in Iran that are not 40 CFR Parts 1045, 1054, and 1065 Appendix A to Part 560—Entities owned or controlled by the Government [EPA–HQ–OAR–2004–0008; FRL–8712–8] of Iran. Finally, please be aware that Determined To Be Owned or Controlled certain entities listed in Appendix A to by the Government of Iran RIN 2060–AM34 Part 560 may be subject to further This non-exhaustive appendix lists entities sanctions under other sanctions determined by the Office of Foreign Assets Control of Emissions From Nonroad programs. Control (‘‘OFAC’’) to be entities owned or Spark-Ignition Engines and Equipment Public Participation controlled by the Government of Iran within Correction the meaning of §§ 560.304 and 560.313 of Because the amendment of the ITR this part 560. The entities listed below are In rule document E8–21093 beginning involves a foreign affairs function, the considered to be entities owned or controlled on page 59034 in the issue of provisions of Executive Order 12866 by the Government of Iran when they operate Wednesday, October 8, 2008, make the and the Administrative Procedure Act (5 not only from the locations listed below, but following corrections: U.S.C. 553) requiring notice of proposed also from any other location. The names and § 1045.205 [Corrected] rulemaking, opportunity for public addresses are subject to change. This part 560 participation, and delay in effective date contains prohibitions against engaging in 1. On page 59205, in the third are inapplicable. Because no notice of most transactions with entities owned or column, in § 1045.205(q), in the fifth proposed rulemaking is required for this controlled by the Government of Iran, line, ‘‘CO2’’ should read ‘‘CO2’’. rule, the Regulatory Flexibility Act (5 whether such entities are located or § 1045.315 [Corrected] U.S.C. 601–612) does not apply. incorporated inside or outside of Iran. 2. On page 59212, in the second Moreover, regardless of whether an entity is Paperwork Reduction Act column, in § 1045.315(b), the equation listed below, if the entity is owned or should read as follows: The collections of information related controlled by the Government of Iran, the ¥ to the ITR are contained in 31 CFR part prohibitions on engaging in transactions with ‘‘Ci = Max [0 or Ci¥1 + Xi (STD + 0.25 × 501 (the ‘‘Reporting, Procedures and the entity, wherever located worldwide, s)]’’ Penalties Regulations’’). Pursuant to the apply to the same extent they would apply 3. On the same page, in the same Paperwork Reduction Act of 1995 (44 if the entity were listed in this appendix. column, in § 1045.315(f), in the fourth U.S.C. 3507), those collections of Note that the prohibitions in this part 560 line, ‘‘5.0 x s’’ should read ‘‘5.0 × s’’. also apply to transactions with entities information have been approved by the § 1054.112 [Corrected] Office of Management and Budget under located in Iran that are not owned or control number 1505–0164. An agency controlled by the Government of Iran. 4. On page 59264, in the first column, may not conduct or sponsor, and a Finally, please be aware that certain entities in § 1054.112(b)(2), in the first line, ‘‘m2 2 person is not required to respond to, a listed in this appendix may be subject to day’’ should read ‘‘m /day’’. collection of information unless the further sanctions under other sanctions § 1065.370 [Corrected] programs. collection of information displays a 5. On page 59329, in the first column, valid control number. * * * * * in § 1065.370(c), in the third line, ‘‘± 3% List of Subjects in 31 CFR Part 560 19. NATIONAL IRANIAN OIL COMPANY, or less’’ should read ‘‘± 2% or less’’. (a.k.a. NIOC) Hafez Crossing, Taleghani Administrative practice and Avenue, P.O. Box 1863 and 2501, [FR Doc. Z8–21093 Filed 12–3–08; 8:45 am] procedure, Banks, Banking, Brokers, Tehran, Iran BILLING CODE 1505–01–D Foreign trade, Investments, Loans, 20. NAFTIRAN INTERTRADE COMPANY Securities, Iran. LTD, (a.k.a. NICO); a.k.a. Naft Iran ■ For the reasons set forth in the Intertrade Ltd, 22 Grenville St, St Helier, DEPARTMENT OF THE INTERIOR preamble, the Office of Foreign Assets Jersey Channel Islands JE4 8PX, United Control amends 31 CFR part 560 as Kingdom; 22 Grenville St, St Helier, Bureau of Land Management follows: Jersey, Channel Islands JE2 4UF, United Kingdom; 5th floor, Petro Pars Building, 43 CFR Part 3800 PART 560—IRANIAN TRANSACTIONS Saadat Abad Avenue, No. 35, Farhang REGULATIONS Blvd, Tehran, Iran [LLWO32000.L13300000.PO0000.24–1A] 21. NAFTIRAN INTERTRADE CO. (NICO) ■ RIN 1004–AE00 1. The authority citation of part 560 Sarl, 6, Avenue de la Tour Haldimand, continues to read as follows: 1009 Pully, VD, Switzerland Mining Claims Under the General Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, * * * * * Mining Laws 2332d; 22 U.S.C. 2349aa–9; 31 U.S.C. 321(b); 50 U.S.C. 1601–1651, 1701–1706; Pub. L. Barbara C. Hammerle, AGENCY: Bureau of Land Management, 101–410, 104 Stat. 890 (28 U.S.C. 2461 note); Acting Director, Office of Foreign Assets Interior. Pub. L. 106–387, 114 Stat. 1549; Pub. L. 110– Control. ACTION: Interim final rule. 96, 121 Stat. 1011; E.O. 12613, 52 FR 41940, [FR Doc. E8–28711 Filed 12–3–08; 8:45 am] 3 CFR, 1987 Comp., p. 256; E.O. 12957, 60 SUMMARY: The Bureau of Land FR 14615, 3 CFR, 1995 Comp., p. 332; E.O. BILLING CODE 4811–45–P Management (BLM) is issuing this 12959, 60 FR 24757, 3 CFR, 1995 Comp., interim final rule to amend the BLM’s p. 356; E.O. 13059, 62 FR 44531, 3 CFR, 1997 Comp., p. 217. regulations for Mining Claims under the General Mining Laws. The rule ■ 2. Amend Appendix A to Part 560 by responds to a Federal district court revising the heading and introductory decision that required the BLM to text, as well as redesignating paragraphs evaluate whether the regulations

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comply with Congress’s policy goal for • You may access and comment on lands and their resources.’ ’’ The district the United States to receive fair market the notice at the Federal eRulemaking court concluded that ‘‘[o]perations value for the use of the public lands and Portal by following the instructions at neither conducted pursuant to valid their resources. The interim final rule that site (see ADDRESSES). mining claims nor otherwise explicitly makes it clear that, other than Written comments on the interim protected by [the Federal Land Policy processing fees, location fees, and final rule should be specific, should be and Management Act of 1976 (FLPMA)] maintenance fees provided for in 43 confined to issues pertinent to the or the Mining Law (i.e., exploration CFR parts 3800 and 3830, the BLM does interim final rule, and should explain activities, ingress and egress, and not require any other fees for surface use the reason for any recommended limited utilization of mill sites) must be of the public lands for mining purposes. change. Where possible, comments evaluated in light of Congress’s DATES: Effective date: The interim final should reference the specific section or expressed policy goal for the United rule is effective December 4, 2008. paragraph of the proposal which the States to ‘receive fair market value of the Comment deadline: You should comment is addressing. use of the public lands and their submit your comments on the interim The BLM may not necessarily resources.’ ’’ Mineral Policy Center v. final rule on or before February 2, 2009. consider or include in the Norton, 292 F. Supp. 2d 30, 51 (D.D.C. The BLM may not necessarily consider Administrative Record for the notice 2003). The court remanded the or include in the administrative record comments that we receive after the close regulations to the Department to for the interim final rule comments that of the comment period (see DATES) or evaluate the competing priorities set the BLM receives after the close of the comments delivered to an address other forth in FLPMA as applied to invalidly comment period or comments delivered than those listed above (see ADDRESSES). claimed or unclaimed lands ‘‘in light of to an address other than those listed Congress’s expressed policy goal for the B. May I review comments submitted by below (see ADDRESSES). United States to ‘receive fair market others? ADDRESSES: Mail: Director (630), Bureau value of the use of public lands and of Land Management, U.S. Department You may examine documents their resources.’ ’’ Id. of the Interior, Mail Stop 401 LS, 1849 pertinent to this interim final rule as On February 23, 2007, the BLM C St., NW., Washington, DC 20240, follows. Comments, including names published an advance notice of Attention: 1004–AD69. and street addresses of respondents, will proposed rulemaking (ANPR) to assist Personal or messenger delivery: 1620 be available for public review at the the BLM in the evaluation ordered by L Street, NW., Washington, DC 20036. address listed under ADDRESSES: the court (71 FR 8139). The ANPR Federal eRulemaking Portal: http:// ‘‘Personal or messenger delivery’’ requested public comments regarding www.regulations.gov. Follow the during regular hours (7:45 a.m. to 4:15 whether any miners or mining instructions at this Web site. p.m.), Monday through Friday, except companies in fact use unclaimed lands FOR FURTHER INFORMATION CONTACT: holidays. They will also be available at for such mining operations. The BLM Scott Haight at (406) 538–1930 for the Federal eRulemaking Portal: http:// asked for detailed examples of any such information relating to the surface www.regulations.gov. Follow the use so that it could determine whether management program or the substance instructions at this Web site. it needed to conduct further evaluation of the notice, or Ted Hudson at (202) of FLPMA’s competing priorities with C. Can my name and address be kept regard to any mining operations that go 452–5042 for information relating to the confidential? rulemaking process generally. Persons beyond exploration activities on Before including your address, who use a telecommunications device unclaimed lands. The absence of telephone number, e-mail address, or for the deaf (TDD) may call the Federal comments providing such examples other personal identifying information Information Relay Service (FIRS) at suggests that the BLM’s belief is correct in your comment, be advised that your 1–800–877–8330, 24 hours a day, seven that no mining operations amounting to entire comment—including your days a week, to contact the above more than initial exploration activities personal identifying information—may individuals. occur on unclaimed Federal lands under be made publicly available at any time. the Mining Law. (The comments we SUPPLEMENTARY INFORMATION: While you can ask in your comment to received are discussed fully below.) I. Public Comment Procedures withhold from public review your Consequently, the BLM has determined II. Background personal identifying information, we that there is no use of the surface of III. Why We Are Publishing This Rule? cannot guarantee that we will be able to invalidly claimed or unclaimed lands IV. Section-by-Section Analysis do so. Mail your comment to: U.S. for mining purposes, amounting to more V. Procedural Matters Department of the Interior, Director than initial exploration activities, for I. Public Comment Procedures (630), Bureau of Land Management, which BLM must consider charging fair Mail Stop 40l LS, 1849 C Street, NW., market value. A. How do I comment on the notice? Attention: 1004–AD69, Washington, DC The BLM received 958 comments in If you wish to comment, you may 20240. response to the ANPR. The comments submit your comments by any one of You may deliver comments to: Room expressed opinions on whether the BLM several methods: 401, 1620 L St., NW., Washington, DC had the authority to implement • You may mail comments to Director 20036. regulations to obtain fair market value (630), Bureau of Land Management, II. Background for the use of unclaimed lands for Administrative Record, Room 401 LS, mining purposes. Director (630), Mail Stop 401 LS, Bureau In 2003, a Federal district court The great majority of the comments of Land Management, U.S. Department substantially upheld the BLM’s surface appeared in identical form e-mails, and of the Interior, 1849 C Street, NW., management regulations in 43 CFR read as follows: subpart 3809, but remanded them in Washington, DC 20240, Attn: 1004– ‘‘In 2003, a court ordered the Bureau of AD69. part to the Department ‘‘for evaluation, • Land Management to require fair market You may deliver comments to in light of Congress’s expressed policy value for operations conducted on lands not Room 401, 1620 L Street, NW, goal for the United States to ‘receive fair subject to valid claims or unclaimed lands. Washington, DC 20036. market value of the use of the public This would require mining companies to

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comply with the current mining law and these ways, the BLM prevents abuse of finds that notice and public comment demonstrate the validity of their mining the Mining Law. are unnecessary and the rule may take claims. The ANPR specifically requested that effect upon publication pursuant to 5 ‘‘In the advance notice of proposed comments provide examples of uses of U.S.C. 553(b)(B) and 553(d)(3). rulemaking issued February 23, the BLM unclaimed lands for mining operations argued that it is not ‘practical’ to undertake III. Why We Are Publishing This Rule claim validity examinations to determine that go beyond exploration activities on whether or not a mining company has staked the public lands. None of the comments As previously noted, the court valid claims under the 1872 Mining Law. It provided any past or current examples concluded that the Mining Law appears the BLM plans to just ignore the fact of miners or mining companies using authorizes operations, including that there may be mining companies that are unclaimed lands for such mining possession, occupancy, and mineral violating the law by operating on unclaimed operations under the Mining Law. One extraction activities, on valid mining or invalidly claimed lands. comment purported to describe such an claims without payment of fair market ‘‘Please do not permit the BLM to allow value for that use (Mineral Policy mining companies to violate the 1872 Mining example, but upon further investigation Law—an antiquated law that has already the mining operation described did not Center, 292 F. Supp. 2d at page 51). The caused tremendous harm to western lands occur on unclaimed lands. Other court instructed the BLM to evaluate and water resources—instead of compelling comments described activities in whether the fair market value policy in mining companies to comply with the law support of mining, such as access and FLPMA should be applied to ‘‘invalidly and demonstrate the validity of their mining storage. However, when these ancillary claimed or unclaimed lands.’’ claims. uses are conducted in relation to mining The BLM is not aware of any mining ‘‘Instead of allowing mining companies to claims or mill sites, they need not be operations taking place on ‘‘invalidly thwart the law, the BLM should do evaluated in light of FLPMA’s fair claimed’’ public lands (i.e., public lands everything it can to make sure that all mining where BLM has determined that the occurs on valid claims.’’ market policy. As noted in the ANPR, Judge Kennedy of the Federal district claims or sites are invalid) or unclaimed Most of the other comments presented court concluded that the Mining Law public lands (i.e., lands where there are variations on these positions, or general authorizes operations, including no mining claims or mill sites). Because statements favoring or opposing the possession, occupancy, and mineral there are no mining operations Mining Law. (The latter issue is beyond extraction activities, without payment of occurring on unclaimed lands or lands the scope of this rule.) Others opposed fair market value for that use (292 F. determined to be invalidly claimed, the any imposition of fair market value Supp. 2d at pages 47 and 51). The court BLM concludes that there is nothing to charges on mining operations. also concluded that the Mining Law evaluate in light of the fair market value As we stated in the ANPR, ‘‘[t]he authorizes exploration activities, mill policy. court’s decision in Mineral Policy site use, and ingress and egress to For mining operations occurring on Center did not address the use of lands mining claims (id.). None of the claimed lands, the BLM is publishing on which mining claims of unknown comments presented factual scenarios in this rule to make it clear that mine validity exist.’’ Nevertheless, we which such ancillary uses took place in operators are not required to pay any fee discussed in the ANPR and discuss in association with operations on to use the surface of public lands for the next section of this preamble the unclaimed lands that amount to more mining operations conducted under the budgetary and other practical reasons than initial exploration activities. Mining Law, other than the fees that why the BLM does not routinely The response to the ANPR with regard mining claimants already pay in the undertake validity examinations of all to the use of unclaimed lands for mining form of the maintenance fee, the claim mining claims. operations was consistent with the location fee, and services charges for Public lands are generally open to the BLM’s expectations. The BLM is not other transactions associated with operation of the Mining Law, unless aware of any miner or mining company mining claims (see 43 CFR 3830.21). they are statutorily or administratively that would be willing to invest money As discussed above and in the ANPR, withdrawn from such use. A mining or resources in the development of a the BLM does not routinely undertake claim on lands that are open to the mine without some tenure in the land validity examinations for all mining operation of the Mining Law and that is in the form of a mining claim or mill claims located under the Mining Law. determined invalid by the BLM remains site. If a mining company were to file a Even though the validity of most mining open for relocation by the original plan of operations to extract minerals claims is unknown, the BLM treats all claimant or another claimant. from unclaimed lands, a third party properly maintained mining claims as On the other hand, withdrawn lands could easily locate mining claims over active claims. The BLM requires all are usually withdrawn subject to valid the area and assert adverse rights to the mining claimants to comply with the existing rights. Under the BLM’s lands. Consequently, the fact that none statutory recording and maintenance regulations, a mining claim that was of the handful of comments addressing requirements, as well as the prohibition located before a withdrawal is the issues raised in the ANPR presented against causing unnecessary or undue automatically subject to a validity an example of an operator engaging in degradation of the public lands. The examination when the claimant files a more than initial exploration on the requirements to maintain a claim’s plan of operations under 43 CFR public lands without a mining claim or active status include timely payment of 3809.11 or a notice under 43 CFR mill site was not surprising. location fees and annual maintenance 3809.21. See 43 CFR 3809.100. A This is an interim final rule. Although fees. By law, claimants must pay the validity examination is also triggered the rule is effective upon publication, fees without regard to whether the BLM when a mining claimant files a patent there is a 60-day comment period that has determined the underlying validity application under 43 CFR part 3860. See starts on the date of publication. After of the claims. 43 CFR 3862.1–1. Also, when anyone the comment period, we will review the Because Congress authorizes mining attempts to use a mining claim for comments and may issue a further final claimants to locate mining claims under purposes not contemplated by the rule with any necessary changes. the Mining Law and maintain them by Mining Law, the BLM treats that use as Because this rule makes no making annual payments to the BLM a trespass and will conduct a validity substantive change in any rule or while the validity of the claims is examination of the mining claim. In requirement, the BLM for good cause unknown or undetermined, the BLM

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has concluded that it may not apply value payments for mining uses of the Clarity of the Regulations FLPMA’s fair market value policy to public lands. However, Congress has Executive Order 12866 requires each approved mining operations that occur enacted subsequent legislation that agency to write regulations that are on mining claims of unknown validity. requires mining claimants to pay for the simple and easy to understand. We Likewise, the BLM has concluded that use of public lands encumbered with invite your comments on how to make it may not apply FLPMA’s fair market mining claims and mill sites through the this interim final rule easier to value policy to approved mining maintenance fee. When Congress understand, including answers to operations that occur on mining claims proposed the mining claim maintenance questions such as the following: of known validity. fee, the stated purpose was to generate 1. Are the requirements in the interim The BLM believes that its conclusions some financial return to the public for final rule clearly stated? comport with the fair market value use of Federal lands and the disposition 2. Does the interim final rule contain policy of FLPMA, which establishes a of valuable mineral resources from those technical language or jargon that goal of receiving fair market value of the lands. See, e.g., 139 Cong. Rec. E 64 interferes with its clarity? use of the public lands ‘‘unless (Jan. 5, 1993). Since 1992, the BLM has 3. Does the format of the interim final otherwise provided by statute.’’ The collected over $300 million from mining rule (grouping and order of sections, use Supreme Court has acknowledged that claimants in maintenance fee payments of headings, paragraphing, etc.) aid or the Mining Law allows ‘‘citizens to go for their use of the public lands for reduce its clarity? onto unappropriated, unreserved public mining purposes. Congress has therefore 4. Would the regulations be easier to land to prospect for and develop certain addressed FLPMA’s fair market value understand if they were divided into minerals.’’ United States v. Locke, 471 policy through specific statutory more (but shorter) sections? (A U.S. 84, 86 (1985). In particular, the authority requiring annual maintenance ‘‘section’’ appears in bold type and is Supreme Court has explained that the fee payments for mining claims and mill preceded by the symbol ‘‘§ ’’ and a Mining Law ‘‘extends an express sites. numbered heading, for example invitation to all qualified persons to § 3800.6. Am I required to pay any fees explore the lands of the United States IV. Section-by-Section Analysis to use the surface of public lands for for valuable mineral deposits, and Section 3800.6 Am I required to pay mining purposes?) * * * [t]hose who, being qualified, any fees to use the surface of public 5. Is the description of the interim proceed in good faith to make such lands for mining purposes? final rule in the SUPPLEMENTARY explorations and enter peaceably upon INFORMATION section of this preamble vacant lands of the United States for This interim final rule adds section helpful in understanding the interim that purpose are not treated as mere 3800.6, which states that anyone who is final rule? How could this description trespassers, but as licensees or tenants at using the surface of public lands for be more helpful in making the interim will.’’ Union Oil Co. v. Smith, 249 U.S. mining purposes is not required to pay 337, 346 (1919). The Ninth Circuit also any fee for that use, other than the final rule easier to understand? has stated, ‘‘Under the wise and processing fees, location fees, and Please send any comments you have on beneficent policy of the government of maintenance fees currently required. the clarity of the regulations to the the United States, all its public lands address specified in the ADDRESSES V. Procedural Matters were thrown open to its citizens, and section. those who had declared their intention Executive Order 12866, Regulatory National Environmental Policy Act to become such, for exploration for the Planning and Review precious minerals and development The BLM has determined that this thereof.’’ Cosmos Exploration Co. v. This interim final rule is not a interim final rule, which makes it clear Gray Eagle Oil Co., 112 F. 4, 13 (9th Cir. significant regulatory action and is not that the BLM will not charge fair market 1901). The Mining Law has authorized subject to review by the Office of value or any additional fee for mining public land use for mineral exploration Management and Budget under or related use of public lands except as and development without any Executive Order 12866. This interim otherwise provided by statute or requirement to pay fair market value for final rule will not have an effect of $100 regulation, is a regulation of an that use. Therefore, based on the express million or more on the economy. It will administrative, financial, legal, terms of FLPMA’s policy statement, that not adversely affect in a material way technical, or procedural nature. use is exempt from FLPMA’s fair market the economy, productivity, competition, Therefore, it is categorically excluded value policy and this rule adds a jobs, the environment, public health or from environmental review under provision making it clear that, other safety, or state, local, or tribal Section 102(2)(C) of the National than processing fees, location fees, and governments or communities. This Environmental Policy Act, pursuant to maintenance fees provided for in 43 interim final rule does not create a 516 Departmental Manual (DM), CFR parts 3800, 3830, and 3834, the serious inconsistency or otherwise Chapter 2, Appendix 1. In addition, the BLM does not require any other fees for interfere with an action taken or interim final rule does not meet any of surface use of the public lands for planned by another agency. This interim the 10 criteria for exceptions to mining purposes. final rule does not alter the budgetary categorical exclusions listed in 516 DM, Moreover, FLPMA states that its effects of entitlements, grants, user fees, Chapter 2, Appendix 2. Pursuant to policies will become effective ‘‘only as or loan programs or the right or Council on Environmental Quality specific statutory authority for their obligations of their recipients; nor does regulations (40 CFR 1508.4) and the implementation is enacted by [FLPMA] it raise novel legal or policy issues. This environmental policies and procedures or by subsequent legislation and shall rule makes no substantive change in any of the Department of the Interior, the then be construed as supplemental to rule or requirement. It merely makes it term ‘‘categorical exclusions’’ means a and not in derogation of the purposes clear that the BLM will not charge fair category of actions which do not for which public lands are administered market value or any additional fee for individually or cumulatively have a under other provisions of law.’’ 43 mining or related use of public lands significant effect on the human U.S.C. 1701(b). FLPMA did not enact except as otherwise provided by statute environment and that have been found specific authority requiring fair market or regulation. to have no such effect in procedures

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adopted by a Federal agency and for We have already shown, in the previous additional fee for mining or related use which neither an environmental paragraphs of this section of the of public lands except as otherwise assessment nor an environmental preamble, that this interim final rule expressly provided by statute or impact statement is required. will not have effects approaching $100 regulation. million per year on the private sector. Regulatory Flexibility Act Information Quality Act Therefore, the BLM does not need to Congress enacted the Regulatory prepare a statement containing the In developing this interim final/final Flexibility Act (RFA) of 1980, as information required by the Unfunded rule, we did not conduct or use a study, amended, 5 U.S.C. 601–612, to ensure Mandates Reform Act (2 U.S.C. 1531 et experiment or survey requiring peer that Government regulations do not seq.). review under the Information Quality unnecessarily or disproportionately Act (section 515 of Public Law 106– burden small entities. The RFA requires Executive Order 12630, Governmental 554). a regulatory flexibility analysis if a rule Actions and Interference With would have a significant economic Constitutionally Protected Property Executive Order 13211, Actions impact, either detrimental or beneficial, Rights (Takings) Concerning Regulations That Significantly Affect Energy Supply, on a substantial number of small This interim final rule is not a Distribution, or Use entities. This rule makes no substantive government action capable of interfering change in any rule or requirement. It with constitutionally protected property In accordance with Executive Order merely makes it clear that the BLM will rights. This rule makes no substantive 13211, the BLM has determined that the not charge fair market value or any change in any regulatory provision or interim final rule will not have additional fee for mining or related use requirement. It merely makes it clear substantial direct effects on the energy of public lands except as otherwise that the BLM will not charge fair market supply, distribution or use, including a expressly provided by statute or value or any additional fee for mining shortfall in supply or price increase. regulation. We have identified no entity or related use of public lands except as This rule makes no substantive change that has carried out or proposes to carry otherwise expressly provided by statute in any regulatory provision or out mining operations on unclaimed or regulation. Therefore, the Department requirement. It merely makes it clear land. The rule affirms that the BLM will of the Interior has determined that the that the BLM will not charge fair market not charge fair market value for mining rule will not cause a taking of private value or any additional fee for mining use of unclaimed land, use that does not property and does not require further or related use of public lands except as occur because there are strong practical discussion of takings implications under otherwise expressly provided by statute disincentives. Therefore, the BLM has this Executive Order. or regulation. determined under the RFA that this interim final rule would not have a Executive Order 13132, Federalism Executive Order 13352—Facilitation of significant economic impact on a The interim final rule will not have a Cooperative Conservation substantial number of small entities. substantial direct effect on the states, on In accordance with Executive Order the relationship between the national 13352, the BLM has determined that Small Business Regulatory Enforcement government and the states, or on the this interim final rule does not impede Fairness Act (SBREFA) distribution of power and facilitating cooperative conservation; This interim final rule is not a ‘‘major responsibilities among the levels of takes appropriate account of and rule’’ as defined at 5 U.S.C. 804(2). That government. It does not apply to states considers the interests of persons with is, it would not have an annual effect on or local governments or state or local ownership or other legally recognized the economy of $100 million or more; it governmental entities. Therefore, in interests in land or other natural would not result in major cost or price accordance with Executive Order 13132, resources; properly accommodates local increases for consumers, industries, the BLM has determined that this participation in the Federal decision- government agencies, or regions; and it interim final rule does not have making process; and provides that the would not have significant adverse sufficient Federalism implications to programs, projects, and activities are effects on competition, employment, warrant preparation of a Federalism consistent with protecting public health investment, productivity, innovation, or Assessment. and safety. This rule makes no the ability of U.S.-based enterprises to substantive change in any regulatory compete with foreign-based enterprises. Executive Order 12988, Civil Justice provision or requirement. It merely This rule makes no substantive change Reform makes it clear that the BLM will not in any regulation or requirement. It Under Executive Order 12988, we charge fair market value or any merely makes it clear that the BLM will have determined that this interim final additional fee for mining or related use not charge fair market value or any rule will not unduly burden the judicial of public lands except as otherwise additional fee for mining or related use system and that it meets the expressly provided by statute or of public lands except as otherwise requirements of sections 3(a) and 3(b)(2) regulation. expressly provided by statute or of the Order. regulation. Paperwork Reduction Act Executive Order 13175, Consultation These regulations do not contain Unfunded Mandates Reform Act and Coordination With Indian Tribal information collection requirements that Governments This interim final rule does not the Office of Management and Budget impose an unfunded mandate on state, In accordance with Executive Order must approve under the Paperwork local, or tribal governments or the 13175, we have found that this interim Reduction Act of 1995. private sector, in the aggregate, of $100 final rule does not include policies that million or more per year; nor does this have tribal implications. This rule Author interim final rule have a significant or makes no substantive change in any The principal author of this notice is unique effect on state, local, or tribal regulatory provision or requirement. It Scott Haight of the Lewistown Field governments. The rule imposes no merely makes it clear that the BLM will Office, Montana, assisted by Ted requirements on any of these entities. not charge fair market value or any Hudson of the Division of Regulatory

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Affairs, Washington Office, Bureau of SUMMARY: We, the U.S. Fish and revised proposal opened a 60-day public Land Management, and the Office of the Wildlife Service (Service), are comment period, which closed on Solicitor, Department of the Interior. designating critical habitat for 12 January 28, 2008. On March 6, 2008, we species of Hawaiian picture-wing flies published a document in the Federal List of Subjects in 43 CFR Part 3800 (Drosophila aglaia, D. differens, D. Register announcing the reopening of Administrative practice and hemipeza, D. heteroneura, D. the public comment period until April procedure; Environmental protection; montgomeryi, D. mulli, D. musaphilia, 25, 2008, and a notice of two public Intergovernmental relations; Mines; D. neoclavisetae, D. obatai, D. hearings (73 FR 12065). On April 4, Public lands—mineral resources; ochrobasis, D. substenoptera, and D. 2008, we held a public hearing in Hilo, Reporting and recordkeeping tarphytrichia) under the Endangered Hawaii, and on April 10, 2008, we held requirements; Surety bonds; Wilderness Species Act of 1973, as amended (Act). a public hearing in Honolulu, Hawaii. areas. In total, approximately 8,788 acres (ac) On August 12, 2008, we published a Dated: November 14, 2008. (3,556 hectares (ha)) fall within the document in the Federal Register (73 FR 46860) announcing the availability C. Stephen Allred, boundaries of the final critical habitat designation. The critical habitat is of the draft economic analysis of the Assistant Secretary of the Interior, Land and proposed critical habitat designation Minerals Management. located in four counties (City and County of Honolulu, Hawaii, Maui, and and reopening the public comment ■ For the reasons stated in the Preamble, Kauai) in Hawaii. period until September 11, 2008. For and under the authorities stated below, DATES: This final rule becomes effective more information on previous Federal the BLM amends 43 CFR part 3800 as on January 5, 2009. actions concerning the 12 species of follows: Hawaiian picture-wing flies, refer to the ADDRESSES: The final rule, final proposed designation of critical habitat economic analysis, and map of critical PART 3800—MINING CLAIMS UNDER published in the Federal Register on habitat are available on the Internet at THE GENERAL MINING LAWS August 15, 2006 (71 FR 46994), and the http://www.regulations.gov. Supporting final rule to list 11 picture-wing flies as ■ 1. Revise the authority citation for part documentation we used in preparing endangered and one picture-wing fly as 3800 to read as follows: this final rule will be available for threatened published in the Federal public inspection, by appointment, Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. Register on May 9, 2006 (71 FR 26835). 22–42, 181 et seq., 301–306, 351–359, and during normal business hours, at the 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et U.S. Fish and Wildlife Service, Pacific Summary of Comments and seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; Islands Fish and Wildlife Office, 300 Recommendations and Pub. L. No. 97–35, 95 Stat. 357. Ala Moana Boulevard, Room 3–122, During the comment period that Subpart 3800—General P.O. Box 50088, Honolulu, HI 96850; opened on November 28, 2007, and telephone 808–792–9400; facsimile closed on January 28, 2008 (72 FR ■ 2. Add § 3800.6 to read as follows: 808–792–9580. 67428), we received 10 comments, FOR FURTHER INFORMATION CONTACT: § 3800.6 Am I required to pay any fees to including 2 requests for public hearings. use the surface of public lands for mining Patrick Leonard, Field Supervisor, Three comments were from peer purposes? Pacific Islands Fish and Wildlife Office reviewers, three were from State of (see ADDRESSES); telephone 808–792– Hawaii agencies, and four were from You must pay all processing fees, 9400; facsimile 808–792–9581. If you nongovernmental organizations or location fees, and maintenance fees use a telecommunications device for the individuals. During the comment period specified in 43 CFR parts 3800 and deaf (TDD), call the Federal Information that opened on March 6, 2008, and 3830. Other than the processing, Relay Service (FIRS) at 800–877–8339. closed on April 25, 2008 (73 FR 12065), location and maintenance fees, you are we received nine comments from not required to pay any other fees to the SUPPLEMENTARY INFORMATION: organizations or individuals. We also BLM to use the surface of public lands Background conducted public hearings in Hilo on for mining purposes. It is our intent to discuss only those the Island of Hawaii and in Honolulu on [FR Doc. E8–28741 Filed 12–3–08; 8:45 am] topics directly relevant to the the Island of Oahu, Hawaii. During the BILLING CODE 4310–84–P designation of critical habitat in this comment period that opened on August final rule. For additional information on 12, 2008, and closed on September 11, the 12 Hawaiian picture-wing flies, refer 2008 (73 FR 46860), we received seven DEPARTMENT OF THE INTERIOR to the final listing rule published in the comments. Three comments were from Federal Register on May 9, 2006 (71 FR individuals (which includes two Fish and Wildlife Service 26835), the revised proposed critical individuals that presented testimony at habitat rule published in the Federal the public hearing in Honolulu, Hawaii 50 CFR Part 17 Register on November 28, 2007 (72 FR on April 10, 2008), one comment was [FWS–R1–ES–2007–0006; 92210–1117– 67428), and the recovery outline for the from the U.S. Navy, and three comments 0000–B4] 12 Hawaiian picture-wing flies available were received from the State of Hawaii on the Internet at http://www.fws.gov/ Division of Forestry and Wildlife, Office RIN 1018–AU93 Pacific/ecoservices/endangered/ of Hawaiian Affairs, and the State recovery/documents/ Historic Preservation Office. Endangered and Threatened Wildlife Drosophilarecoveryoutline-final.pdf. Twelve comments supported the and Plants; Designation of Critical designation of critical habitat for the Habitat for 12 Species of Picture-Wing Previous Federal Actions Hawaiian picture-wing flies and four Flies From the Hawaiian Islands On November 28, 2007, we published opposed the designation. Two AGENCY: Fish and Wildlife Service, a revised proposed rule in the Federal comments were received from Interior. Register to designate critical habitat for individuals expressing general views on the 12 Hawaiian picture-wing flies (72 the Endangered Species Act, but were ACTION: Final rule. FR 67428). The publication of the unrelated to the proposed designation of

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critical habitat. We received two species at the time it is listed on which personal communications with comments objecting to the exemption of are found those physical and biological landowners, scientists, and land military lands under section 4(a)(3) of features (I) essential to the conservation managers familiar with particular the Act, and one comment requesting of the species and (II) which may species and locations. Specific that we exclude a portion of one critical require special management information from all of these sources habitat unit based on ongoing private considerations or protection; and included estimates of historic and conservation activities. All comments • Specific areas outside the current distribution, abundance, and that we received were reviewed for geographical area occupied by the territory sizes for the 12 species, as well substantive issues and new information species at the time it is listed upon a as information on habitat requirements. regarding the proposed critical habitat determination by the Secretary that such The physical and biological features designation for the 12 Hawaiian picture- areas are essential for the conservation essential to the conservation, or primary wing fly species. All comments that we of the species. The Act also states that constituent elements (PCEs), of the 12 received have been fully considered in ‘‘Except in those circumstances picture-wing flies include both the host the final rule. determined by the Secretary, critical plants used by the larvae, as well as the habitat shall not include the entire native forest components used by Peer Review geographical area which can be foraging adults. We used known adult In accordance with our policy occupied by the threatened or location data to identify each critical published on July 1, 1994 (59 FR endangered species.’’ habitat unit, and included the 34270), we solicited expert opinions Section 4(b)(2) of the Act requires that surrounding area encompassing the from 15 knowledgeable individuals with we designate critical habitat on the basis physical and biological features scientific expertise that included of the best scientific and commercial essential to the conservation of the familiarity with the species, the data available. Although the peer species. We did not include within this geographic region in which the species reviewers recommended areas to add to critical habitat designation sites in occurs, and conservation biology the critical habitat designation, they did which a species had been observed principles. We received responses from not provide information on habitat according to the most recent survey data four of the peer reviewers, as are suitability or why they believed that the but that did not include the PCEs. discussed below. recommended areas contained the Based on the best available physical and biological features Peer Reviewer Comments information, we believe that our final essential to the conservation of these designation accurately encompasses (1) Comment: Three peer reviewers species. sufficient areas for the conservation of recommended that the critical habitat The areas recommended by the peer the 12 Hawaiian picture-wing fly designation include additional areas for reviewers are either unoccupied or they species. Therefore, we have not 7 of the 12 picture-wing fly species have not been surveyed. We did not included the additional areas proposed (Drosophila hemipeza, D. heteroneura, include areas that were not occupied at by the peer reviewers. However, D. montgomeryi, D. neoclavisetae, D. the time of listing because: (1) It is surveying historical habitat sites and obatai, D. substenoptera, and D. unclear why the species were extirpated adjacent potentially suitable habitat for tarphytrichia). The additional areas that from previously occupied areas; and (2) extant populations of picture-wing flies they recommended are either within we could not conclude from the and host plants will be a high priority historical habitat, or within potentially available data whether or not the during the recovery planning process, suitable habitat that has not been previously occupied areas currently and we may consider amending the surveyed that is located adjacent to support, or even could support in the critical habitat designation at that time occupied habitat. These peer reviewers future, the physical and biological if new information indicates that these stated that the amount of habitat or the features (including their host plants) areas are essential to the recovery of number of units we proposed is essential for the conservation of the these species. insufficient to provide for conservation species. Furthermore, some of the areas (2) Comment: One peer reviewer of the species, and that the inclusion of recommended for inclusion have never commented that the Waiea Tract, which additional lands adjacent to the areas been surveyed for the flies, nor surveyed is adjacent to the proposed Drosophila proposed would improve the likelihood for the presence of host plants. heteroneura—Unit 2—Kona Refuge on of conserving the species. The peer Therefore based on the available the Island of Hawaii, contains higher reviewers stated that for some species, information, we are unable to conclude densities of Clermontia sp. (the species’ the lands adjacent to the proposed units that these areas were occupied at the primary host plant) than the area that contain habitat that is known or likely time of listing, or that they contain the we proposed as critical habitat. The peer to contain relatively intact native forest. physical and biological features reviewer stated that the Waiea Tract Some peer reviewers stated that the essential for the conservation of the should therefore be a high priority for designation of additional lands adjacent species. conservation. to the proposed critical habitat units We used the best available, most Our Response: The peer reviewer did may help preserve the species’ historical recent survey data for adult flies to not present scientific data with which distribution or facilitate dispersal determine which sites we would we could evaluate whether the Waiea between localized subpopulations. identify as occupied and which sites we Tract includes areas that contain the Some peer reviewers also recommended would identify as unoccupied. The physical and biological features that we include unsurveyed areas primary dataset we used to document essential to the conservation of D. believed to support undocumented observations of these 12 picture-wing heteroneura, or whether the areas populations of picture-wing species, flies spans the years 1965–1999 (K. currently proposed for designation for and that we include areas that are likely Kaneshiro, in litt. 2005a, pp. 1–16). We this species are inadequate. The Act to support host plant populations. also reviewed a variety of peer-reviewed defines critical habitat in part as areas Our Response: The Act defines and other articles for this final rule, containing the physical or biological critical habitat as: which included background information features (PCEs) essential to the • The specific areas within the on the biology of each of the 12 species. conservation of the species. To geographical area occupied by the Additional data were obtained from determine what is essential, we

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determine the amount and spatial the areas designated as critical habitat in Tropical Pacific having important global arrangement of PCEs necessary to this final rule are large enough to consequences for weather and climate) recover the species. We believe that the provide for all host plant life stages (see might change, and reliable projections areas designated in this rule will our response to Comment (1), above, for of changes in El Nin˜ o have yet to be adequately provide for the conservation a discussion about the information we made (Hawaii Climate Change Action and recovery of the species; that is, the used to designate critical habitat for the Plan 1998, pp. 2–10). As such, we do currently designated areas provide the 12 Hawaiian picture-wing flies). We not have sufficient scientific PCEs in the quantity and configuration agree with the peer reviewer that information with which to formally sufficient to meet the conservation and including reproducing host plant analyze the potential effects of climate recovery needs of the species. Although populations as an additional primary change on the Hawaiian picture-wing the Waiea Tract is known to be constituent element for each of the 12 flies and their habitat at this time. To occupied and contains high densities of Hawaiian picture-wing fly species the extent that climate change leads to Clermontia species, we do not believe would improve precision in identifying a future shift in the location of the PCEs this additional area is essential to the the physical and biological features for these species, we would need to conservation of D. heteroneura. We essential to the conservation of a species address that in future critical habitat proposed a total of 4,628 ac (1,855 ha) in the field. Accordingly, we have revisions. of critical habitat for Drosophila incorporated this recommendation into Federal Agency Comments heteroneura, which includes 3,604 ac this final rule, although the addition of (1,459 ha) of lands adjacent to the Waiea this new primary constituent element (7) Comment: The U.S. Navy, on Tract (Drosophila heteroneura—Unit did not result in any boundary changes behalf of the National Aeronautics and 2—Kona Refuge). Based on the best to any of the designated critical habitat Space Administration requested that we scientific data available, we believe units. exclude parts of Kokee Sites B and D these areas accurately encompass the (5) Comment: One peer reviewer that intersect the proposed critical areas necessary for the conservation of emphasized that additional in-field habitat. They characterized the areas as D. heteroneura as required by the Act. management activities are necessary on being fenced and developed, stating that (3) Comment: One peer reviewer the Island of Oahu to protect Urera these areas would be unlikely to support stated that the absence of nonnative glabra and U. kaalae, which are host Hawaiian picture-wing flies. They also wasps (Vespula sp.) within suitable plants for Drosophila aglaia, D. advised that they planned to survey for habitat should be included as a primary hemipeza, and D. montgomeryi. the endangered fly, Drosophila constituent element for Drosophila Our Response: We agree that musaphila, at the Kokee Sites to heteroneura. This peer reviewer stated management of the remaining Urera determine its presence or absence, and that based on field surveys, nonnative spp. populations on the Island of Oahu that measures to benefit the fly will be wasps are capable of entirely excluding is necessary to prevent their continued included in the Pacific Missile Range D. heteroneura from habitat that is decline and to support the long-term Facility Integrated Natural Resources otherwise suitable. conservation of Drosophila aglaia, D. Management Plan if the fly is Our Response: Primary constituent hemipeza, and D. montgomeryi. On a discovered. elements are those physical and broader scale, specific management Our Response: We have attempted to biological features that are essential to actions that relate to the conservation of exclude manmade structures using the conservation of a species and that host plants for each of the 12 Hawaiian aerial photos and other available may require special management picture-wing fly species will likely be imagery. However, we were not always considerations or protection (50 CFR an important recovery task as recovery able to successfully exclude these 424.12(b)). Predation by nonnative plans and other conservation programs structures from critical habitat maps wasps has been identified as a are developed. However, identifying because the resolution of our imagery significant threat to the 12 picture-wing specific management is beyond the does not allow us to locate small fly species, and we intend to pursue scope of this final critical habitat structures. Existing manmade features recovery actions to minimize the designation. and structures within the boundaries of impacts of nonnative wasps in currently (6) Comment: One peer reviewer the areas mapped as critical habitat, occupied habitat and in areas within the noted that the proposed rule lacks a such as buildings, roads, existing fences, flies’ historical range. However, we formal analysis of how the critical telecommunications equipment towers disagree that the absence of predatory habitat proposed for the 12 picture-wing and associated structures and wasps should be included as a primary flies will function under different equipment, communication facilities constituent element, since management scenarios of climate change. The and regularly maintained associated strategies to address this specific threat reviewer suggested that the designation rights-of-way, radars, telemetry remain to be developed. should take into account the potential antennas, paved areas, and other (4) Comment: Two peer reviewers for shifting distributions of both the landscaped areas, do not contain one or stated that since each of the 12 picture-wing flies and their host plants more of the primary constituent Hawaiian picture-wing flies feed within along natural temperature and moisture elements described for D. musaphilia. decomposing portions of their host gradients in response to climate change. Accordingly, the text of the rule makes plants, critical habitat should Our Response: Although we agree that clear that these types of areas are not encompass all host plant life stages (e.g., the impact of climate change to the included in the critical habitat from seedlings to senescent distribution of picture-wing flies and designation, even if they occur within individuals), and be large enough to their host plant populations is a the boundary of the mapped critical support healthy, reproducing host plant potential concern, the effects of climate habitat unit Drosophila musaphilia— populations. One peer reviewer also change are difficult to predict at the Unit 1—Kokee. recommended that reproducing host local or regional level. In addition, plant populations be included as a future changes in precipitation are Comments From the State of Hawaii primary constituent element. uncertain because they depend in part Section 4(i) of the Act states, ‘‘the Our Response: Based on the best on how El Nin˜ o (a disruption of the Secretary shall submit to the State scientific data available, we believe that ocean atmospheric system in the agency a written justification for his

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failure to adopt regulations consistent require special management. In Hawaii. Therefore, we were not able to with the agency’s comments or addition, based on our economic align existing host plant critical habitat petition.’’ Comments received from the analysis and the best available with proposed critical habitat for the State regarding the proposal to designate information, we are unaware of any picture-wing flies on the Island of critical habitat for Drosophila aglaia, D. substantive economic or other relevant Hawaii. We believe that the lands differens, D. hemipeza, D. heteroneura, impacts that would result from such designated as critical habitat in this D. montgomeryi, D. mulli, D. designation on State lands. Accordingly, final rule accurately represent areas that musaphilia, D. neoclavisetae, D. obatai, we have not excluded the State lands will provide for the conservation of the D. ochrobasis, D. substenoptera, and D. from the designation of critical habitat. 12 picture-wing flies. tarphytrichia are addressed below. On May 12, 2008, and September 17, (9) Comment: The State of Hawaii (8) Comment: The State of Hawaii 2008, we met with DOFAW personnel Department of Land and Natural Department of Land and Natural regarding their comments on the Resources, Division of State Parks Resources, Division of Forestry and proposed critical habitat units on the commented that four areas within the Wildlife (DOFAW) supported the Island of Hawaii. The State provided us proposed unit Drosophila musaphilia— critical habitat designations on private with a copy of the 2008 Waiakea Timber Unit 1—Kokee, appeared to include lands, provided the designations have Management Map, which was roads, lawns, and buildings, and other landowner support. The DOFAW developed based on their 1997 timber structures. The State presented maps commented that it supports the targeted inventory. This map indicated that depicting the areas in question, and site-specific approach to designate portions of two units, (Drosophila requested that we remove them from the critical habitat within larger areas being mulli—Unit 3—Waiakea Forest [373 designation if the primary constituent managed for watershed and native acres/151 ha], and Drosophila mulli— elements were not present. species protection and restoration of Unit 2—Stainback Forest [76 acres/31 Our Response: Our analysis of native ecosystems, and agrees with the ha]), were planted in the 1960s with satellite imagery determined that the proposals for the islands of Kauai, several timber crop species including developed areas in question are not Oahu, and Molokai where designations Eucalyptus sp., Flindersia brayleyana within the Drosophila musaphilia—Unit are proposed on DOFAW lands. It (Queensland maple), and Toona ciliata 1—Kokee critical habitat unit. requested additional review and (Australia red cedar). The DOFAW staff Accordingly, the area in question is not coordination on sites proposed on advised us that Drosophila mulli’s host included in the area that we originally DOFAW forest reserves on the Island of plant (Pritchardia beccariana) is proposed and are herein designating as Hawaii that are included in the Tri- scattered within the timber-planted critical habitat. Mountain Watershed Partnership and areas and within the above critical (10) Comment: The State of Hawaii Kohala Mountain Watershed habitat units. Although the two critical Office of Hawaiian Affairs commented Partnership for possible exclusion based habitat units encompass areas planted that they support the reconsideration of on their protected status and adequacy with Eucalyptus sp. and other nonnative the Hawaiian picture-wing fly critical of their management programs. It also timber species, they contain the primary habitat, and that the revised designation requested that site visits be conducted constituent elements, are occupied by D. more accurately reflects the best for all areas proposed as critical habitat mulli, and incorporate the physical and scientific data available as required by to confirm the adequacy of the site, to biological features essential to the confirm appropriateness for exclusion, conservation of this species. the Act. The State Historic Preservation and to locate boundaries. Finally, it We agree that the process of Office commented that the designation suggested that the critical habitat designating critical habitat may be of critical habitat does not affect historic designation process could be improved improved if it were completed properties. if done concurrently with recovery concurrently with the development of a Our Response: Based on the best planning. In addition, DOFAW stated recovery plan. However, the Act and its scientific data available, we agree that that critical habitat designations for host implementing regulations require that this final rule more accurately reflects plants may be adequate to meet the we specify critical habitat to the the physical and biological needs of the picture-wing flies. maximum extent prudent and requirements of the 12 Hawaiian Our Response: We appreciate and determinable at the time a species is picture-wing flies. We also agree that commend the State’s implementation of proposed for listing (50 CFR 424.12(a)). the designation of critical habitat does management plans that benefit the In the case of the 12 picture-wing flies, not affect historic properties. Hawaiian picture-wing flies’ critical we are also under a court-ordered Public Comments Related to the Military habitat areas that we are designating in deadline to complete the critical habitat and Exemption of Military Lands From this final rule. The Secretary has designations by November 15, 2008 the Designation discretion to exclude lands that have (Center for Biological Diversity v. Allen, been proposed under section 4(b)(2) of CV–05–274–HA). (11) Comment: Four individuals or the Act, upon a determination that the During the development of the revised non-governmental organizations benefits of such exclusion outweigh the proposed rule, we aligned the proposed submitted written comments or benefits of specifying a particular area critical habitat areas with areas that testimony at the public hearings stating as part of the critical habitat (unless the were already designated as critical opposition to the exemption of Oahu failure to designate such an area would habitat for other species to the military lands from the designation. result in the extinction of the species). maximum extent practicable on State They also requested that we provide We have fully considered the State’s and private lands. On the Island of information on our finding that the request that we exclude certain parts of Oahu, critical habitat has only been Oahu Integrated Natural Resources its lands from critical habitat designated for one plant (Urera kaalae), Management Plan will protect the two designation. However, the units we are which is a host plant for Drosophila picture-wing fly species involved designating in this final rule meet the hemipeza and D. montgomeryi. There is (Drosophila substenoptera and D. definition of critical habitat, contain the no designated critical habitat for the aglaia), and that we justify the PCEs that are essential to the host plants of D. heteroneura, D. mulli, exemption of military lands from the conservation of these species, and and D. ochrobasis on the Island of critical habitat designation.

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Our Response: The National Defense and introduction of the U.S. Army’s within the proposed Drosophila Authorization Act for Fiscal Year 2004 Stryker Brigade as examples. neoclavisetae—Unit 1—Puu Kukui. This (Pub. L. 108–136) amended the Act to Our Response: The Fish and Wildlife commenter questioned whether the limit areas eligible for designation as Service is the principal Federal agency current conservation program in place critical habitat. Section 4(a)(3)(B)(i) of responsible for conserving, protecting, for the Puu Kukui Watershed Preserve the Act (16 U.S.C. 1533(a)(3)(B)(i)) states and enhancing fish, wildlife, and plants by the Maui Land and Pineapple that ‘‘The Secretary shall not designate and their habitats for the continuing Company might preclude the need for as critical habitat any lands or other benefit of the American people. In this designation in light of the perceived loss geographical areas owned or controlled regard, it is paramount that we work of real property rights within the area. by the Department of Defense, or cooperatively with all partners Our Response: We agree with the designated for its use, that are subject to (including the military) to promote commenter that developing and an integrated natural resources environmental stewardship. Although maintaining public and private management plan prepared under the U.S. Navy training activities and the partnerships for species conservation section 101 of the Sikes Act (16 U.S.C. presence of the U.S. Army Stryker are important. After fully evaluating the 670a), if the Secretary determines in Brigade are beyond the scope of this Puu Kukui conservation program, we writing that such plan provides a benefit final critical habitat designation, we are excluding a portion of the proposed to the species for which critical habitat look forward to working with them to Drosophila neoclavisetae—Unit 1—Puu is proposed for designation.’’ improve the status of imperiled species Kukui from the final designation, since Accordingly, those portions of the on their lands. the private landowner is proactively managing the area for the conservation Integrated Natural Resources Public Comments Related to the Effects benefit of the D. neoclavisetae and Management Plan (INRMP) applicable of the Designation on Private numerous other listed species. We to areas we were considering for critical Landownership habitat designation for Drosophila believe that there is a higher likelihood aglaia and D. substenoptera were (13) Comment: Two individuals that beneficial conservation activities evaluated according to the requirements provided written comments stating will continue if we do not include this of section 4(B)(i) of the Act. opposition to the designation because area in this critical habitat designation. The U.S. Army Oahu INRMP for the they believe it will negatively impact We have determined that the benefits of West Range of the Schofield Barracks the rights of private landowners. One exclusion outweigh the benefits of Military Reservation was completed in commenter did not want tax money to including this area as critical habitat, as 2000. This INRMP includes several contribute to fruit flies stripping fellow is discussed in detail in the ‘‘Exclusions conservation measures that benefit citizens of their property rights. Under Section 4(b)(2) of the Act’’ Drosophila aglaia and D. substenoptera. Our Response: The effect of a critical section below. The measures include: (1) Outplanting habitat designation is that activities of native plants, which provides for the authorized, funded, or carried out by a Other Public Comments natural forest conditions necessary for Federal agency require consultation (15) Comment: One individual adult fly foraging by both species; (2) with the Service under section 7 of the expressed opposition to the listing feral ungulate control, which prevents Act to ensure they are not likely to process that determined Federal status both direct loss of the larval stage host destroy or adversely modify critical for the 12 Hawaiian picture-wing flies, plants and adult foraging substrate of habitat. For example, activities on and criticized the fact that both species and prevents habitat private or State lands requiring a permit comprehensive surveys were not alteration by feral ungulates; (3) from a Federal agency, such as a permit conducted during the listing process. wildland wildfire control, which from the U.S. Army Corps of Engineers Our Response: Our November 28, prevents both loss and alteration of under section 404 of the Clean Water 2007, proposed rule (72 FR 67428) habitat for D. aglaia; and (4) nonnative Act (33 U.S.C. 1344 et seq.) or a section specifically solicited comments on the plant control, which prevents habitat 10(a)(1)(B) permit from us, or activities proposed critical habitat revision. alteration for both species. Accordingly, on private or State lands funded by a Comments relating to the May 9, 2006, we determined that the plan provides a Federal agency, such as the Federal final listing rule (71 FR 26835) are benefit to D. aglaia and D. subsenoptera, Highway Administration or Federal hereby acknowledged, but are beyond and we therefore did not designate Emergency Management Agency the scope of this final critical habitat approximately 78 acres (31 ha) as funding, would be subject to the section designation. 7 consultation process. Activities on critical habitat for D. aglaia and D. Summary of Changes From the substenoptera under section 4(a)(3)(B)(i) State, Tribal, local, or private lands that Proposed Rule of the Act. However, since these areas are not carried out, funded, or are important for the recovery of these authorized by a Federal agency are not In preparing the final critical habitat species, we intend to work closely with subject to any regulatory requirements designation for the 12 Hawaiian picture- the U.S. Army to identify recovery tasks as a result of critical habitat designation. wing flies, we reviewed and considered and implement recovery efforts for these The designation of critical habitat does comments from the public and peer two species as recovery plans are not affect land ownership or establish a reviewers on the November 28, 2007, developed. The other 10 species of refuge, wilderness, reserve, preserve, or proposed designation of critical habitat picture-wing flies do not occur on Army other conservation area, and the (72 FR 67428), the March 6, 2008, land. designation of critical habitat does not document announcing the public (12) Comment: One individual allow government or public access to hearings and the reopening of the provided testimony at a public hearing private lands. Most activities that comment period (73 FR 12065), and the stating that the military is continually require a Federal agency to consult with August 12, 2008, document announcing expanding their presence in the us generally can proceed without the availability of the draft economic Hawaiian Islands at the expense of modification. analysis and an amended required environmental protection. This (14) Comment: One land manager determinations section of the proposed commenter cited the recent expansion expressed opposition to the designation rule and the reopening of the comment of training activities by the U.S. Navy of critical habitat on private lands period (73 FR 46860). As a result of

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comments received, we made the designation of critical habitat does not the extent consistent with the Act and following changes to our proposed affect land ownership or establish a with the use of the best scientific data designation: refuge, wilderness, reserve, preserve, or available, to use primary and original (1) The final designation includes the other conservation area. Such sources of information as the basis for following revision of the primary designation does not allow government recommendations to designate critical constituent elements used to identify or public access to private lands. Such habitat. critical habitat for each of the 12 designation does not require When determining which areas picture-wing fly species: Populations of implementation of restoration, recovery, should be designated as critical habitat, the larval stage host plant(s) that exhibit or enhancement measures by private our primary source of information is one or more life stages (from seedlings landowners. Where a landowner generally the information developed to senescent individuals). This change requests Federal agency funding or during the listing process for the does not affect the boundaries of the authorization for an activity that may species. Additional information sources proposed designation. affect a listed species or critical habitat, may include the recovery plan for the (2) We have excluded 450 ac (182 ha) the consultation requirements of section species, articles in peer-reviewed of lands owned by the Maui Land and 7(a)(2) would apply, but even in the journals, conservation plans developed Pineapple Company (MLP) that we event of a destruction or adverse by States and counties, scientific status proposed as critical habitat for modification finding, the landowner’s surveys and studies, biological Drosophila neoclavisetae, within the obligation is not to restore or recover the assessments, or other unpublished Drosophila neoclavisetae—Unit 1—Puu species, but to implement reasonable materials and expert opinion or Kukui, from the final designation (see and prudent alternatives to avoid personal knowledge. the ‘‘Exclusions under Section 4(b)(2) of destruction or adverse modification of Habitat is often dynamic, and species the Act’’ section of this final rule for the critical habitat. may move from one area to another over further details on this exclusion). For inclusion in a critical habitat time. Furthermore, we recognize that designation, habitat within the critical habitat designated at a particular Critical Habitat geographical area occupied by the point in time may not include all of the Critical habitat is defined in section 3 species at the time of listing must habitat areas that we may later of the Act as: contain the physical and biological determine are necessary for the recovery (i) The specific areas within the features essential to the conservation of of the species. For these reasons, a geographical area occupied by a species, the species, and be included only if critical habitat designation does not at the time it is listed in accordance those features may require special signal that habitat outside the with the Act, on which are found those management considerations or designation is unimportant or may not physical or biological features protection. Critical habitat designations promote the recovery of the species. (a) essential to the conservation of the identify, to the extent known using the Areas that support populations, but species and best scientific data available, habitat are outside the critical habitat (b) that may require special areas that provide essential life cycle designation, will continue to be subject management considerations or needs of the species (i.e., areas on which to conservation actions. They are also protection; and (ii) specific areas are found those physical and biological subject to the regulatory protections outside the geographical area occupied features essential to the conservation of afforded by the section 7(a)(2) jeopardy by a species at the time it is listed, upon the species). Under the Act, we can standard, as determined on the basis of a determination that such areas are designate critical habitat in areas the best available information at the essential for the conservation of the outside the geographical area occupied time of the Federal agency action. species. by the species at the time it is listed Federally funded or permitted projects Conservation, as defined under only when we determine that those affecting listed species outside their section 3 of the Act, means the use of areas are essential for the conservation designated critical habitat areas may all methods and procedures which are of the species. For the 12 Hawaiian require consultation under section 7 of necessary to bring any endangered picture-wing flies, we have determined the Act and may still result in jeopardy species or threatened species to the that it is not necessary to designate findings in some cases. Similarly, point at which the measures provided critical habitat in unoccupied areas, as critical habitat designations made on the under the Act are no longer necessary. there are adequate occupied areas that basis of the best available information at Such methods and procedures include, contain the physical and biological the time of designation will not control but are not limited to, all activities features essential to the conservation of the direction and substance of future associated with scientific resources the species. recovery plans, habitat conservation management such as research, census, Section 4 of the Act requires that we plans, or other species conservation law enforcement, habitat acquisition designate critical habitat on the basis of planning efforts if information available and maintenance, propagation, live the best scientific and commercial data at the time of these planning efforts calls trapping, and transplantation, and, in available. Further, our policy on for a different outcome. the extraordinary case where population Information Standards Under the pressures within a given ecosystem Endangered Species Act, published in Primary Constituent Elements (PCEs) cannot be otherwise relieved, may the Federal Register on July 1, 1994 (59 In accordance with section 3(5)(A)(i) include regulated taking. FR 34271), the Information Quality Act of the Act and regulations at 50 CFR Critical habitat receives protection (section 515 of the Treasury and General 424.12, in determining which areas under section 7 of the Act through the Government Appropriations Act for occupied by the species at the time of prohibition against destruction or Fiscal Year 2001 (Pub. L. 106–554; H.R. listing to designate as critical habitat, adverse modification of critical habitat 5658)), and our associated Information we consider the physical or biological with regard to actions carried out, Quality Guidelines, provide criteria, features essential to the conservation of funded, or authorized by a Federal establish procedures, and provide the species that may require special agency. Section 7(a)(2) of the Act guidance to ensure that our decisions management considerations or requires consultation on Federal actions are based on the best scientific data protection. We consider the physical that may affect critical habitat. The available. They require our biologists, to and biological features to be the primary

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constituent elements laid out in the needs of the species. Additional Food appropriate quantity and spatial information about how we identified the arrangement for the conservation of the PCEs can also be found in the revised Each of the 12 species of Hawaiian species. These include, but are not proposed critical habitat rule published picture-wing flies described in this limited to: on November 28, 2007 (72 FR 67428). document is found on a single island, (1) Space for individual and All areas designated as critical habitat and the larvae of each are dependent population growth and for normal for the 12 picture-wing flies are upon only a single or a few related behavior; currently occupied, within the species’ species of plants. The adult flies feed on (2) Food, water, air, light, minerals, or historical geographic range, contain all a variety of decomposing plant matter. other nutritional or physiological relevant PCEs, and support both the The water or moisture requirements for requirements; larval and adult foraging stages of the 12 all 12 of these species is unknown; (3) Cover or shelter; Hawaiian picture-wing flies. however, during drier seasons or during (4) Sites for breeding, reproduction, times of drought, it is expected that and rearing (or development) of Space for Individual and Population available adult and larval stage food offspring; Growth and for Normal Behavior material in the form of decaying plant (5) Habitats that are protected from The general life cycle of Hawaiian matter may decrease (K. Kaneshiro, in disturbance or are representative of the Drosophilidae is typical of that of most litt. 2005b, pp. 1–2). Because the larval historic geographical and ecological flies. After mating, females lay eggs from stage of each of the 12 species feeds distributions of a species. which larvae (the immature stage) only on the decomposing portions of We derived the specific primary hatch. As larvae grow, they molt (shed their specific host plants, designated constituent elements required for the 12 their skin) through three successive lands must encompass an area sufficient species of picture-wing flies from their stages (instars). When they are fully to support healthy, reproducing host biological needs, as described in the grown, the larvae change into pupae (a plant populations exhibiting one or revised proposed critical habitat rule transitional form) in which they more life stages (e.g., from seedlings to published in the Federal Register on metamorphose and emerge as adults. senescent individuals). November 28, 2007 (72 FR 67428), and Breeding for each of the 12 species of Based on our current knowledge of below. Hawaiian picture-wing flies included in the life history, biology, and ecology of As required by 50 CFR 424.12(b), we this final rule generally occurs year- each species, and the habitat are to list the known PCEs with our round, but egg laying and larval requirements to sustain the essential life description of critical habitat. The PCEs development increase following the history functions of the 12 Hawaiian provided by the physical and biological rainy season as the availability of picture-wing flies, we provide the PCEs features upon which the designation is decaying matter, upon which the flies for the larval and adult life stages of based may include, but are not limited feed, increases in response to the heavy Drosophila aglaia, D. differens, D. to, the following: Roost sites, nesting rains (K. Kaneshiro, in litt. 2005b, pp. hemipeza, D. heteroneura, D. grounds, spawning sites, feeding sites, 1–2). In general, Drosophila lay between montgomeryi, D. mulli, D. musaphilia, seasonal wetland or dryland, water 50 and 200 eggs at a single time. Eggs D. neoclavisetae, D. obatai, D. quality or quantity, host species or plant develop into adults in about a month, ochrobasis, D. substenoptera, and D. pollinators, geological formations, and adults generally become sexually tarphytrichia below: vegetation types, tides, and specific soil mature 1 month later. Adults generally types. live for 1 to 2 months (Science Panel Oahu Species 2005). Primary Constituent Elements (PCEs) for The PCEs for Drosophila aglaia are: It is unknown how much space is Drosophila aglaia, D. differens, D. (1) Dry to mesic, lowland, ohia, koa, and needed for these flies to engage in Diospyros sp., forest between the hemipeza, D. heteroneura, D. courtship and territorial displays, and elevations of 1,865–2,985 feet (ft) (568– montgomeryi, D. mulli, D. musaphilia, mating activities. Adult behavior may be 910 meters (m)); and (2) the larval stage D. neoclavisetae, D. obatai, D. disrupted or modified by less than ideal host plant Urera glabra, which exhibits ochrobasis, D. substenoptera, and D. conditions, such as decreased forest one or more life stages (from seedlings tarphytrichia cover or loss of suitable food material We identified the PCEs for the 12 (K. Kaneshiro, in litt. 2005b, pp. 1–2). to senescent individuals). Hawaiian picture-wing flies based on Additionally, adult behavior may be The PCEs for Drosophila hemipeza our knowledge of the life history, disrupted, and the flies themselves may are: (1) Dry to mesic, lowland, ohia and biology, and ecology of the species, and be susceptible to the hunting activities koa forest between the elevations of the physical and biological features of of nonnative Hymenoptera, including 1,720–3,005 ft (524–916 m); and (2) the the habitat necessary to sustain their yellow jacket wasps and ants (Kaneshiro larval stage host plants Cyanea essential life history functions. To and Kaneshiro 1995, pp. 41–42). The angustifolia, C. calycina, C. grimesiana determine what is essential for these larvae generally pupate within the soil ssp. grimesiana (Endangered (E)), C. species, we determined the amount and located below their host plant material, grimesiana ssp. obatae (E), C. spatial arrangement of PCEs necessary and it is presumed that they require membranacea, C. pinnatifida (E), C. to provide for their conservation. Not all relatively undisturbed and unmodified superba ssp. superba (E), Lobelia areas that contain one or more of the soil conditions to complete this stage hypoleuca, L. niihauensis (E), L. PCEs would necessarily be included in before reaching adulthood (Science yuccoides, and Urera kaalae (E), which the designation if those PCEs were not Panel 2005, p. 5). Lastly, it is well- exhibit one or more life stages (from in the quantity and configuration known that these 12 species and most seedlings to senescent individuals). requisite to meeting the conservation other picture-wing flies are susceptible The PCEs for Drosophila montgomeryi needs of the species. For example, areas to even slight temperature increases, an are: (1) Mesic, lowland, diverse ohia and may not be included in the designation issue that may be exacerbated by loss of koa forest between the elevations of if they are in excess of the habitat that suitable forest cover or the impacts from 1,720–2,985 ft (524–910 m); and (2) the has been determined to be sufficient to drought (K. Kaneshiro, in litt. 2005b, pp. larval stage host plant Urera kaalae (E), meet the conservation and recovery 1–2). which exhibits one or more life stages

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(from seedlings to senescent Kauai Species features that are essential for the individuals). The PCEs for Drosophila musaphilia conservation of the 12 picture-wing flies The PCEs for Drosophila obatai are: are: (1) Mesic, montane, ohia and koa will continue to be degraded or (1) Dry to mesic, lowland, ohia and koa forest between the elevations of 3,310– destroyed. In addition, habitat forest between the elevations of 1,475– 3,740 ft (1,009–1128 m); and (2) the degradation and destruction as a result 2,535 ft (450–773 m); and (2) the larval larval stage host plant Acacia koa, of wildfire, competition with nonnative stage host plant Pleomele forbesii, which exhibits one or more life stages insects, and predation by nonnative which exhibits one or more life stages (from seedlings to senescent insects, such as the western yellow- (from seedlings to senescent individuals). jacket wasp (Vespula pensylvanica), individuals). may significantly threaten many of the The PCEs for Drosophila Maui Species populations of the 12 picture-wing flies. substenoptera are: (1) Mesic to wet, The PCEs for Drosophila Active management is necessary to lowland to montane, ohia and koa forest neoclavisetae are: (1) Wet, montane, control these threats, as well. between the elevations of 1,920–4,030 ft ohia forest between the elevations of The threats to the physical and (585–1,228 m); and (2) the larval stage 3,405–4,590 ft (1,036–1,399 m), and (2) biological features in the areas we are host plants Cheirodendron the larval stage host plants Cyanea designating as critical habitat for the 12 platyphyllum ssp. platyphyllum, C. kunthiana and C. macrostegia ssp. picture-wing flies that may require trigynum ssp. trigynum, Tetraplasandra macrostegia, which exhibit one or more special management considerations or kavaiensis, and T. oahuensis, which life stages (from seedlings to senescent protection include feral ungulates, rats, exhibit one or more of the life stages individuals). invasive nonnative plants, and yellow- (from seedlings to senescent jacket wasps. In addition, the units in individuals). Molokai Species dry or mesic habitats may also require The PCEs for Drosophila tarphytrichia The PCEs for Drosophila differens are: special management to address wildfire are: (1) Dry to mesic, lowland, ohia and (1) Wet, montane, ohia forest between and ants. Each of these threats is koa forest between the elevations of the elevations of 3,645–4,495 ft (1,111– summarized below. For a more detailed 1,720–2,985 ft (524–910 m); and (2) the 1,370 m); and (2) the larval stage host discussion of each threat refer to the larval stage host plant Charpentiera plants Clermontia arborescens ssp. proposed revised critical habitat rule obovata, which exhibits one or more life waihiae, C. granidiflora ssp. munroi, C. published in the Federal Register on stages (from seedlings to senescent kakeana, C. oblongifolia ssp. brevipes November 28, 2007 (72 FR 67434). individuals). (E), and C. pallida, which exhibit one or Feral Ungulates Hawaii (Big Island) Species more life stages (from seedlings to senescent individuals). Feral ungulates have devastated The PCEs for Drosophila heteroneura This final critical habitat designation native vegetation in many areas of the are: (1) Mesic to wet, montane, ohia and identifies the known physical or Hawaiian Islands (Cuddihy and Stone koa forest between the elevations of biological features in the quantity and 1990, pp. 60–66). Because the endemic 2,980–5,755 ft (908–1,754 m); and (2) spatial arrangement on the landscape Hawaiian flora evolved without the the larval stage host plants essential to support the life history presence of browsing and grazing Cheirodendron trigynum ssp. trigynum, functions of the species. Each of the ungulates, many plant groups have lost Clermontia clermontioides, C. areas designated in this rule contains their adaptive defenses such as spines, clermontioides ssp. rockiana, C. the PCEs to provide for one or more of thorns, stinging hairs, and defensive hawaiiensis, C. kohalae, C. lindseyana the life history functions of Drosophila chemicals (University of Hawaii (E), C. montis-loa, C. parviflora, C. aglaia, D. differens, D. hemipeza, D. Department of Geography 1998, p. 138). peleana (E), C. pyrularia (E), and heteroneura, D. montgomeryi, D. mulli, Pigs (Sus scrofa), goats (Capra hircus), Delissea parviflora, which exhibit one D. musaphilia, D. neoclavisetae, D. and cattle (Bos taurus) disturb the soil, or more life stages (from seedlings to obatai, D. ochrobasis, D. substenoptera, and readily eat native plants (including senescent individuals). and D. tarphytrichia. the native host plants for 1 or more of The PCEs for Drosophila mulli are: (1) the 12 picture-wing flies), and distribute Wet, montane, ohia forest between the Special Management Considerations or nonnative plant seeds that can alter the elevations of 1,955–3,585 ft (596–1,093 Protections ecosystem. In addition, browsing and m); and (2) the larval stage host plant When designating critical habitat, we grazing by feral ungulates in steep and Pritchardia beccariana, which exhibits assess whether the areas occupied at the remote terrain causes severe erosion of one or more life stages (from seedlings time of listing contain the physical and entire watersheds due to foraging and to senescent individuals). biological features essential to the trampling behaviors (Cuddihy and The PCEs for Drosophila ochrobasis conservation of the species, and Stone 1990, pp. 60–64 and 66). are: (1) Mesic to wet, montane, ohia, whether these features may require koa, and Cheirodendron sp. forest special management considerations or Rats (Rattus spp.) between the elevations of 3,850–5,390 ft protections. Several species of nonnative rats, (1,173–1,643 m); and (2) the larval stage Nonnative plants and animals pose including the Polynesian rat (Rattus host plants Clermontia calophylla, C. the greatest threats to these 12 picture- exulans), the roof rat (Rattus rattus), and clermontioides, C. clermontioides ssp. wing flies. In order to counter the the Norway rat (Rattus norvegicus), are rockiana, C. drepanomorpha (E), C. ongoing degradation and loss of habitat present on the Hawaiian Islands and hawaiiensis, C. kohalae, C. lindseyana caused by feral ungulates and invasive cause considerable environmental (E), C. montis-loa, C. parviflora, C. nonnative plants, active management or degradation (Staples and Cowie 2001). peleana (E), C. pyrularia (E), C. control of nonnative species is The seeds, bark, and flowers of several waimeae, Marattia douglasii, Myrsine necessary for the conservation of all of the picture-wing flies’ host plants, lanaiensis, M. lessertiana, and M. populations of the 12 picture-wing flies including Clermontia sp., Pleomele sp., sandwicensis, which exhibit one or (Kaneshiro and Kaneshiro 1995, pp. 37– and Pritchardia beccariana, are more life stages (from seedlings to 38). Without active management or susceptible to herbivory by all the rat senescent individuals). control, native habitat containing the species (Science Panel 2005; K.

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Magnacca, in litt. 2005; S. Montgomery, flies (Kaneshiro and Kaneshiro 1995, p. Criteria Used To Identify Critical pers. comm. 2005b). The herbivory by 47). Habitat rats causes host plant mortality, Nonnative Insect Competitors As required by section 4(b)(1)(A) of diminished vigor, and seed predation, the Act, we used the best scientific and resulting in reduced host plant The Hawaiian Islands now support commercial information available in fecundity and viability (Science Panel several established species of nonnative determining the specific areas within 2005; K. Magnacca, in litt. 2005; S. insects which compete with some of the the geographical occupied by each of Montgomery, pers. comm. 2005b). 12 picture-wing flies within their larval the picture-wing flies, Drosophila Nonnative Plants stage host plants. The most important aglaia, D. differens, D. hemipeza, D. The invasion of nonnative plants group of nonnative insect competitors heteroneura, D. montgomeryi, D. mulli, contributes to the degradation of native includes tipulid flies (crane flies, family D. musaphilia, D. neoclavisetae, D. forests and the host plants of picture- Tipulidae). The larvae of some species obatai, D. ochrobasis, D. substenoptera, wing flies (Kaneshiro and Kaneshiro within this group feed within the and D. tarphytrichia at the time of 1995, pp. 38–39; Wagner et al. 1999, pp. decomposing bark of some of the host listing that (1) contain PCEs in the 52–53 and 971; Science Panel 2005, p. plants utilized by picture-wing flies, quantity and spatial arrangement to 28), and threatens all populations of the including Charpentiera, Cheirodendron, support life history functions essential 12 picture-wing flies. Some nonnative Clermontia, and Pleomele spp. (Science for the conservation of each of these plants form dense stands, thickets, or Panel 2005, p. 11; K. Magnacca, U.S. species; and (2) may require special mats that shade or out-compete native Geological Survey, in litt. 2005, p. 1; S. management considerations or protection. We relied on information in plants. Nonnative vines cause damage Montgomery, in litt. 2005a, p. 1). Each our prior rulemaking and new or death to native trees by overloading of the picture-wing flies addressed in information gained through the peer branches, causing breakage, or forming this rule, except for Drosophila mulli, D. review and public comment process. a dense canopy cover that intercepts musaphilia, and D. neoclavisetae, face sunlight and shades out native plants Each area that we are designating as larval-stage resource competition from critical habitat is occupied, contains the below. Nonnative grasses readily burn. nonnative tipulid flies. The Hawaiian They often grow at the border of forests, PCEs, and supports both the larval and Islands also support several species of adult foraging stages of the 12 Hawaiian and carry wildfire into areas with nonnative beetles (family Scolytidae, woody native plants (Smith 1985, pp. picture-wing fly species. The discussion genus Coccotrypes), a few of which bore 228–229; Cuddihy and Stone 1990, pp. below summarizes the criteria used to into and feed on the nuts produced by 88–94). The nonnative grasses are more identify critical habitat. For additional wildfire-adapted and can spread certain native plant species including information, refer to the proposed prolifically after a wildfire, ultimately Pritchardia beccariana, the host plant of critical habitat rule that was published creating a stand of nonnative grasses Drosophila mulli. Affected Pritchardia in the Federal Register on November 28, where native forest once existed. These spp., including P. beccariana, drop their 2007 (72 FR 67435). nonnative plants cannot be used as host fruit before the nuts reach maturity due The following geospatial, tabular data plants by the flies. Some nonnative to the boring action of the scolytid sets were used in preparing this final plant species produce chemicals that beetles. Little natural regeneration of critical habitat designation: (1) inhibit the growth of other plant species this host plant species has been Occurrence data for all 12 species (K. (Smith 1985, p. 228; Wagner et al. 1999, observed in the wild since the arrival of Kaneshiro, in litt. 2005a, pp. 1–16); (2) p. 971). this scolytid beetle (K. Magnacca, in litt. vegetation mapping data for the 2005, p. 1; Science Panel 2005, p. 11). Hawaiian Islands (Gap Analysis Wildfire Compared to the host plants of the other Program (GAP) Data—Hawaiian Islands Wildfire threatens habitat of the picture-wing flies, P. beccariana is long 2005); (3) color mosaic 1:19,000 scale Hawaiian picture-wing flies in dry to lived (up to 100 years), but over time digital aerial photographs for the mesic grassland, shrubland, and forests scolytid beetles may have a significant Hawaiian Islands dated April to May on the islands of Kauai (Drosophila impact on the availability of habitat for 2005; and (4) 1:24,000 scale digital musaphilia), Oahu (D. aglaia, D. D. mulli. raster graphics of U.S. Geological hemipeza, D. mongomeryi, D. obatai, Survey (USGS) topographic and D. tarphytrichia), and Hawaii (D. Nonnative Insect Predators quadrangles. Land ownership was heteroneura). Dry and mesic regions in determined from geospatial data sets Hawaii have been altered in the past 200 Nonnative arthropods pose a serious associated with parcel data from Oahu years by an increase in wildfire threat to Hawaii’s native Drosophila, County (2006); Hawaii County (2005); frequency, a condition to which the both through direct predation or Kauai County (2005); and Maui County native flora is not adapted. The invasion parasitism as well as competition for (2004). of wildfire-adapted alien plants, food or space (Howarth and Medeiros We also reviewed a variety of peer- facilitated by ungulate disturbance, has 1989, pp. 82–83; Howarth and Ramsay reviewed and other articles in preparing contributed to wildfire frequency. This 1991, pp. 80–83; Kaneshiro and this final rule, including: (1) change in wildfire regime has reduced Kaneshiro 1995, pp. 40–45 and 47; Background information on the biology the amount of forest cover for native Staples and Cowie 2001, pp. 41, 54–57). of each of the 12 species (e.g., species (Hughes et al. 1991, p. 743; Due to their large colony sizes and Montgomery 1975, pp. 83, 94, 96–98, Blackmore and Vitousek 2000, p. 625) systematic foraging habits, species of and 100; Foote and Carson 1995, pp. 1– and resulted in an intensification of fire social Hymenoptera (ants and some 4; Kaneshiro and Kaneshiro 1995, pp. 1– threat and feral ungulate disturbance in wasps) and parasitic wasps pose the 47); (2) plant ecology and biology the remaining native forest areas. greatest predation threat to the (Wagner et al. 1999, pp. 45, 52–53, 971, Habitat damaged or destroyed by Hawaiian picture-wing flies (Carson 1,314–1,315, and 1,351–1,352); and (3) wildfire is more likely to be revegetated 1982, p. 1, 1986, p. 7; Gambino et al. the ecology of the Hawaiian Islands and by nonnative plants that cannot be used 1987, pp. 169–170; Kaneshiro and the areas we are designating in this final as host plants by these picture-wing Kaneshiro 1995, pp. 40–45 and 47). rule (e.g., Smith 1985, pp. 227–233;

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Stone 1985, pp. 251–253, 256, and 260– components used by foraging adults. We D. montgomeryi, D. mulli, D. 263; Cuddihy and Stone 1990, pp. 59– used known adult location data to musaphilia, D. neoclavisetae, D. obatai, 66, 73–76, and 88–94). Additional identify each critical habitat unit, and D. ochrobasis, D. substenoptera, and D. information reviewed included: (1) The included the surrounding area tarphytrichia. However, because of the October 29, 1991, final rule listing the encompassing the physical and scale of the maps, the maps may not plant species Urera kaalae (a host plant biological features essential to the reflect the exclusion of such developed for two of the fly species) as endangered conservation of the species. While there areas. Accordingly, any developed areas (56 FR 55770); (2) the June 17, 2003, has been considerable survey work that fall within the critical habitat final critical habitat designation for U. conducted for Hawaiian picture-wing boundaries reflected on the maps in this kaalae (68 FR 35950); (3) the May 9, flies in an overall sense, some areas final rule have been excluded by text in 2006, final listing rule for the 12 species where these 12 species are found have this rule, and are not included within of picture-wing flies (71 FR 26835); (4) not been surveyed in many years. We the critical habitat designation. Federal the August 15, 2006, proposed critical used the best available, most recent actions limited to these areas would not habitat designation for 11 species of survey data for adult flies to determine trigger section 7 consultation, unless picture-wing flies (71 FR 46994); (5) which sites we would identify as they affect the species or primary unpublished reports by The Nature occupied and which sites we would constituent elements in adjacent critical Conservancy of Hawaii (TNCH); and (6) identify as unoccupied. We did not habitat. aerial photographs and satellite imagery designate critical habitat in areas where of the Hawaiian Islands. a species had been observed, but where Critical Habitat Designation We obtained additional information the areas had either become degraded We are designating 32 units as critical through personal communications with (e.g., due to loss or degradation of native habitat for Drosophila aglaia, D. landowners, scientists, and land vegetation, increase in nonnative managers familiar with the 12 species vegetation, or documented presence of differens, D. hemipeza, D. heteroneura, and their habitats, including individuals yellow-jacket wasps) and lacked PCEs, D. montgomeryi, D. mulli, D. affiliated with the University of Hawaii, or if multiple surveys over the course of musaphilia, D. neoclavisetae, D. obatai, University of California at Berkeley, the several years failed to detect the species. D. ochrobasis, D. substenoptera, and D. U.S. Geological Survey, the Bishop The final critical habitat unit boundaries tarphytrichia. Museum, Hawaii State Department of included in this rule reflect the results In total, approximately 8,788 ac (3,556 Land and Natural Resources, TNCH, and of this analysis, after taking into account ha) occur within the boundaries of this the U.S. Army. Specific information the presence of known developed areas, critical habitat designation. The critical from these sources included estimates of as described below. habitat areas described below constitute historic and current distribution, When determining critical habitat our current best assessment of areas abundance, and territory sizes for the 12 boundaries, we made every effort to determined to be occupied at the time species, as well as data on resources and avoid including developed areas such as of listing, contain the primary habitat requirements. buildings, paved areas, and other constituent elements essential for the The primary constituent elements of structures that lack PCEs within the 32 conservation of the 12 Hawaiian this final critical habitat designation critical habitat units designated by this picture-wing flies, and may require include both the host plants used by the final rule for Drosophila aglaia, D. special management. The 32 areas larvae, as well as the native forest differens, D. hemipeza, D. heteroneura, designated as critical habitat are:

TABLE 1—CRITICAL HABITAT UNITS AND ISLAND

Island Unit name

Oahu ...... Drosophila aglaia—Unit 1—Palikea. Oahu ...... Drosophila aglaia—Unit 2—Puu Kaua. Oahu ...... Drosophila hemipeza—Unit 1—Kaluaa Gulch. Oahu ...... Drosophila hemipeza—Unit 2—Makaha Valley. Oahu ...... Drosophila hemipeza—Unit 3—Palikea. Oahu ...... Drosophila hemipeza—Unit 4—Puu Kaua. Oahu ...... Drosophila montgomeryi—Unit 1—Kaluaa Gulch. Oahu ...... Drosophila montgomeryi—Unit 2—Palikea. Oahu ...... Drosophila montgomeryi—Unit 3—Puu Kaua. Oahu ...... Drosophila obatai—Unit 1—Puu Pane. Oahu ...... Drosophila obatai—Unit 2—Wailupe. Oahu ...... Drosophila substenoptera—Unit 1—Mt. Kaala. Oahu ...... Drosophila substenoptera—Unit 2—Palikea. Oahu ...... Drosophila tarphytrichia—Unit 1—Kaluaa Gulch. Oahu ...... Drosophila tarphytrichia—Unit 2—Palikea. Oahu ...... Drosophila tarphytrichia—Unit 3—Puu Kaua. Hawaii (Big Island) ...... Drosophila heteroneura—Unit 1—Kau Forest. Hawaii (Big Island) ...... Drosophila heteroneura—Unit 2—Kona Refuge. Hawaii (Big Island) ...... Drosophila heteroneura—Unit 3—Lower Kahuku. Hawaii (Big Island) ...... Drosophila heteroneura—Unit 4—Pit Crater. Hawaii (Big Island) ...... Drosophila heteroneura—Unit 5—Waihaka Gulch. Hawaii (Big Island) ...... Drosphila mulli—Unit 1—Olaa Forest. Hawaii (Big Island) ...... Drosphila mulli—Unit 2—Stainback Forest. Hawaii (Big Island) ...... Drosphila mulli—Unit 3—Waiakea Forest. Hawaii (Big Island) ...... Drosophila ochrobasis—Unit 1—Kipuka 9. Hawaii (Big Island) ...... Drosophila ochrobasis—Unit 2—Kipuka 14. Hawaii (Big Island) ...... Drosophila ochrobasis—Unit 3—Kohala Mountains East. Hawaii (Big Island) ...... Drosophila ochrobasis—Unit 4—Kohala Mountains West.

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TABLE 1—CRITICAL HABITAT UNITS AND ISLAND—Continued

Island Unit name

Hawaii (Big Island) ...... Drosophila ochrobasis—Unit 5—Upper Kahuku. Kauai ...... Drosophila musaphilia—Unit 1—Kokee. Maui ...... Drosophila neoclavisetae—Unit 1—Puu Kukui. Molakai ...... Drosophila differens—Unit 1—Puu Kolekole.

The areas identified as containing the undeveloped, forested areas that are private ownership. The approximate features essential to the conservation of used for larval stage development and area, land ownership, and area excluded each of the 12 Hawaiian picture-wing adult fly stage foraging. Designated from each designated critical habitat flies for which we are designating critical habitat includes land under unit are shown in Table 2. critical habitat include a variety of Federal, State, City and County, and

TABLE 2—DESIGNATED CRITICAL HABITAT UNITS FOR DROSOPHILA AGLAIA, D. DIFFERENS, D. HEMIPEZA, D. HETERONEURA, D. MONTGOMERYI, D. MULLI, D. MUSAPHILIA, D. NEOCLAVISETAE, D. OBATAI, D. OCHROBASIS, D. SUBSTENOPTERA, AND D. TARPHYTRICHIA. [Area estimates reflect all land within critical habitat unit boundaries and are given in acres (ac) (hectares (ha)). Areas in parentheses overlap with other units; therefore, the total area designated as critical habitat for each species will not equal the total area designated for the 12 species combined]

Land ownership [ac/ha] Lands meeting the Lands Critical Species—unit City and definition excluded habitat Federal State Co. of Private of critical [ac/ha] [ac/ha] Honolulu habitat [ac/ha]

Oahu Units

Drosophila aglaia—Unit 1—Palikea ...... 0 4 0 204 208 0 208 2 83 84 0 84 Drosophila aglaia—Unit 2—Puu Kaua ...... 0 0 0 87 87 0 87 35 35 0 35 Drosophila hemipeza—Unit 1—Kaluaa Gulch ...... 0 0 0 527 527 0 527 213 213 0 213 Drosophila hemipeza—Unit 2—Makaha Valley ...... 0 40 71 0 111 0 111 16 29 45 0 45 Drosophila hemipeza—Unit 3—Palikea ...... 0 (4) 0 (204) (208) 0 (208) (2) (83) (84) 0 (84) Drosophila hemipeza—Unit 4—Puu Kaua ...... 0 0 0 (87) (87) 0 (87) (35) (35) 0 (35) Drosophila montgomeryi—Unit 1—Kaluaa Gulch ...... 0 0 0 (527) (527) 0 (527) (213) (213) 0 (213) Drosophila montgomeryi—Unit 2—Palikea ...... 0 (4) 0 (204) (208) 0 (208) (2) (84) (84) 0 (84) Drosophila montgomeryi—Unit 3—Puu Kaua ...... 0 0 0 (87) (87) 0 (87) (35) (35) 0 (35)

Drosophila obatai—Unit 1—Puu Pane ...... 0 33 0 0 33 0 33 13 13 0 13 Drosophila obatai—Unit 2—Wailupe ...... 0 45 0 32 77 0 77 18 13 31 0 31 Drosophila substenoptera—Unit 1—Mt. Kaala ...... 0 59 57 0 116 0 116 24 23 47 0 47 Drosophila substenoptera—Unit 2—Palikea ...... 0 (4) 0 (204) (208) 0 (208) (2) (83) (84) 0 (84) Drosophila tarphytrichia—Unit 1—Kaluaa Gulch ...... 0 0 0 (527) (527) 0 (527) (213) (213) 0 (213) Drosophila tarphytrichia—Unit 2—Palikea ...... 0 (4) 0 (204) (208) 0 (208) (2) (83) (84) 0 (84) Drosophila tarphytrichia—Unit 3—Puu Kaua ...... 0 0 0 (87) (87) 0 (87) (35) (35) 0 (35)

Big Island Units

Drosophila heteroneura—Unit 1—Kau Forest ...... 0 125 0 0 125 0 125 51 51 0 51 Drosophila heteroneura—Unit 2 Kona Refuge ...... 3,604 0 0 0 3,604 0 3,604 1,459 1,459 0 1,459 Drosophila heteroneura—Unit 3—Lower Kahuku ...... 687 0 0 0 687 0 687 278 278 0 278

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TABLE 2—DESIGNATED CRITICAL HABITAT UNITS FOR DROSOPHILA AGLAIA, D. DIFFERENS, D. HEMIPEZA, D. HETERONEURA, D. MONTGOMERYI, D. MULLI, D. MUSAPHILIA, D. NEOCLAVISETAE, D. OBATAI, D. OCHROBASIS, D. SUBSTENOPTERA, AND D. TARPHYTRICHIA.—Continued [Area estimates reflect all land within critical habitat unit boundaries and are given in acres (ac) (hectares (ha)). Areas in parentheses overlap with other units; therefore, the total area designated as critical habitat for each species will not equal the total area designated for the 12 species combined]

Land ownership [ac/ha] Lands meeting the Lands Critical Species—unit City and definition excluded habitat Federal State Co. of Private of critical [ac/ha] [ac/ha] Honolulu habitat [ac/ha]

Drosophila heteroneura—Unit 4—Pit Crater ...... 0 0 0 46 46 0 46 18 18 0 18 Drosophila heteroneura—Unit 5—Waihaka Gulch ...... 0 120 0 0 120 0 120 49 49 0 49 Drosophila mulli—Unit 1—Olaa Forest ...... 0 244 0 0 244 0 244 99 99 0 99 Drosophila mulli—Unit 2—Stainback Forest ...... 0 76 0 0 76 0 76 31 31 0 31 Drosophila mulli—Unit 3—Waiakea Forest ...... 0 373 0 0 373 0 373 151 151 0 151 Drosophila ochrobasis—Unit 1—Kipuka 9 ...... 0 9 0 0 9 0 9 4 4 0 4 Drosophila ochrobasis—Unit 2—Kipuka 14 ...... 0 15 0 0 15 0 15 6 6 0 6 Drosophila ochrobasis—Unit 3—Kohala Mountains East ... 0 193 0 0 193 0 193 78 78 0 78 Drosophila ochrobasis—Unit 4—Kohala Mountains West .. 0 41 0 91 132 0 132 17 54 0 54 Drosophila ochrobasis—Unit 5—Upper Kahuku ...... 64 24 0 0 88 0 88 26 10 36 0 36

Kauai Unit

Drosophila musaphilia—Unit 1—Kokee ...... 0 794 0 0 794 0 794 321 321 0 321

Maui Unit

Drosophila neoclavisetae—Unit 1—Puu Kukui ...... 0 134 0 450 584 450 134 54 182 237 182 54

Molokai Unit

Drosophila differens—Unit 1—Puu Kolekole ...... 0 0 0 988 988 0 988 400 400 0 400

Total (32 units) ...... 4,356 2,331 128 2,424 9,238 450 8,788 1,763 943 52 981 3,738 182 3,556

The critical habitat areas described unit meets the definition of critical and adult life stage of one or more of the below constitute our best assessment of habitat for the 12 picture-wing flies are 12 species of picture-wing flies, and the physical and biological features presented below. Each of the designated may require special management essential for the recovery and critical habitat units for the 12 Hawaiian considerations or protection (see Table conservation of the 12 Hawaiian picture-wing flies was occupied by the 3). picture-wing flies. Brief descriptions of species at the time of listing, contains all units and the rationale for why each PCEs that provide for both the larval

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TABLE 3—THREATS AND OCCUPANCY IN AREAS CONTAINING PHYSICAL AND BIOLOGICAL FEATURES ESSENTIAL TO THE CONSERVATION OF DROSOPHILA AGLAIA, D. DIFFERENS, D. HEMIPEZA, D. HETERONEURA, D. MONTGOMERYI, D. MULLI, D. MUSAPHILIA, D. NEOCLAVISETAE, D. OBATAI, D. OCHROBASIS, D. SUBSTENOPTERA, AND D. TARPHYTRICHIA

Occupied Species—unit Threats requiring special management or protections at the time Currently of listing occupied

Oahu Units

Drosophila aglaia—Unit 1—Palikea .... Feral ungulates, rats, nonnative plants, ants, nonnative competitors, and Yes ...... Yes. wildfire. Drosophila aglaia—Unit 2—Puu Kaua Feral ungulates, rats, nonnative plants, ants, nonnative competitors, and Yes ...... Yes. wildfire. Drosophila hemipeza—Unit 1—Kaluaa Feral ungulates, rats, nonnative plants, ants, nonnative competitors, and Yes ...... Yes. Gulch. wildfire. Drosophila hemipeza—Unit 2— Feral ungulates, rats, nonnative plants, ants, nonnative competitors, and Yes ...... Yes. Makaha Valley. wildfire. Drosophila hemipeza—Unit 3—Palikea Feral ungulates, rats, nonnative plants, ants, nonnative competitors, and Yes ...... Yes. wildfire. Drosophila hemipeza—Unit 4—Puu Feral ungulates, rats, nonnative plants, ants, nonnative competitors, and Yes ...... Yes. Kaua. wildfire. Drosophila montgomeryi—Unit 1— Feral ungulates, rats, nonnative plants, ants, nonnative competitors, and Yes ...... Yes. Kaluaa Gulch. wildfire. Drosophila montgomeryi—Unit 2— Feral ungulates, rats, nonnative plants, ants, nonnative competitors, and Yes ...... Yes. Palikea. wildfire. Drosophila montgomeryi—Unit 3—Puu Feral ungulates, rats, nonnative plants, ants, nonnative competitors, and Yes ...... Yes. Kaua. wildfire. Drosophila obatai—Unit 1—Puu Pane Feral ungulates, rats, nonnative plants, ants, nonnative competitors, and Yes ...... Yes. wildfire. Drosophila obatai—Unit 2—Wailupe ... Feral ungulates, rats, nonnative plants, ants, nonnative competitors, and Yes ...... Yes. wildfire. Drosophila substenoptera—Unit 1— Feral ungulates, nonnative plants, and nonnative competitors ...... Yes ...... Yes. Mt. Kaala. Drosophila substenoptera—Unit 2— Feral ungulates, nonnative plants, and nonnative competitors ...... Yes ...... Yes. Palikea. Drosophila tarphytrichia—Unit 1— Feral ungulates, rats, nonnative plants, ants, nonnative competitors, and Yes ...... Yes. Kaluaa Gulch. wildfire. Drosophila tarphytrichia—Unit 2— Feral ungulates, rats, nonnative plants, ants, nonnative competitors, and Yes ...... Yes. Palikea. wildfire. Drosophila tarphytrichia—Unit 3—Puu Feral ungulates, rats, nonnative plants, ants, nonnative competitors, and Yes ...... Yes. Kaua. wildfire.

Big Island Units

Drosophila heteroneura—Unit 1—Kau Feral ungulates, rats, nonnative plants, yellow-jacket wasps, ants, and non- Yes ...... Yes. Forest. native competitors. Drosophila heteroneura—Unit 2— Feral ungulates, rats, nonnative plants, yellow-jacket wasps, ants, and non- Yes ...... Yes. Kona Refuge. native competitors. Drosophila heteroneura—Unit 3— Feral ungulates, rats, nonnative plants, yellow-jacket wasps, ants, and non- Yes ...... Yes. Lower Kahuku. native competitors. Drosophila heteroneura—Unit 4—Pit Feral ungulates, rats, nonnative plants, yellow-jacket wasps, ants, nonnative Yes ...... Yes. Crater. competitors, and wildfire. Drosophila heteroneura—Unit 5— Feral ungulates, rats, nonnative plants, yellow-jacket wasps, ants, and non- Yes ...... Yes. Waihaka Gulch. native competitors. Drosophila mulli—Unit 1—Olaa Forest Feral ungulates, rats, nonnative plants, yellow-jacket wasps, and nonnative Yes ...... Yes. competitors. Drosophila mulli—Unit 2—Stainback Feral ungulates, rats, nonnative plants, yellow-jacket wasps, and nonnative Yes ...... Yes. Forest. competitors. Drosophila mulli—Unit 3—Waiakea Feral ungulates, rats, nonnative plants, yellow-jacket wasps, and nonnative Yes ...... Yes. Forest. competitors. Drosophila ochrobasis—Unit 1— Feral ungulates, rats, nonnative plants, yellow-jacket wasps, and nonnative Yes ...... Yes. Kipuka 9. competitors. Drosophila ochrobasis—Unit 2— Feral ungulates, rats, nonnative plants, yellow-jacket wasps, and nonnative Yes ...... Yes. Kipuka 14. competitors. Drosophila ochrobasis—Unit 3— Feral ungulates, rats, nonnative plants, yellow-jacket wasps, and nonnative Yes ...... Yes. Kohala Mountains East. competitors. Drosophila ochrobasis—Unit 4— Feral ungulates, rats, nonnative plants, yellow-jacket wasps, and nonnative Yes ...... Yes. Kohala Mountains West. competitors. Drosophila ochrobasis—Unit 5—Upper Feral ungulates, rats, nonnative plants, yellow-jacket wasps, and nonnative Yes ...... Yes. Kahuku. competitors.

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TABLE 3—THREATS AND OCCUPANCY IN AREAS CONTAINING PHYSICAL AND BIOLOGICAL FEATURES ESSENTIAL TO THE CONSERVATION OF DROSOPHILA AGLAIA, D. DIFFERENS, D. HEMIPEZA, D. HETERONEURA, D. MONTGOMERYI, D. MULLI, D. MUSAPHILIA, D. NEOCLAVISETAE, D. OBATAI, D. OCHROBASIS, D. SUBSTENOPTERA, AND D. TARPHYTRICHIA—Continued

Occupied Species—unit Threats requiring special management or protections at the time Currently of listing occupied

Kauai Unit

Drosophila musaphilia—Unit 1—Kokee Feral ungulates, nonnative plants, yellow-jacket wasps, ants, and wildfire ..... Yes ...... Yes.

Maui Unit

Drosophila neoclavisetae—Unit 1— Feral ungulates, nonnative plants, and yellow-jacket wasps ...... Yes ...... Yes. Puu Kukui.

Molokai Unit

Drosophila differens—Unit 1—Puu Feral ungulates, rats, nonnative plants, yellow-jacket wasps, and nonnative Yes ...... Yes. Kolekole. competitors.

Oahu Units 2,785 ft (525–850 m), this unit is of a larger area called the Honouliuli Drosophila aglaia—Unit 1—Palikea privately owned and is part of a larger Preserve, administered and managed by consists of 208 ac (84 ha) of lowland, area called the Honouliuli Preserve, TNCH. According to the most recent mesic, koa and ohia forest within the administered and managed by TNCH. survey data (K. Kaneshiro, in litt. 2005a, southern Waianae Mountains of Oahu. According to the most recent survey pp. 1–10), this unit was occupied by D. Ranging in elevation between 1,920– data (K. Kaneshiro, in litt. 2005a, pp. 1– hemipeza at the time of listing. This 2,985 ft (585–910 m), this unit is 10), this unit was occupied by D. unit includes the known elevation privately and State-owned, and is part hemipeza at the time of listing. This range, moisture regime, and native of a larger area called the Honouliuli unit includes the known elevation forest components used by foraging Preserve, administered and managed by range, moisture regime, and native adults that have been identified as the TNCH. According to the most recent forest components used by foraging PCEs for this species. This unit also survey data (K. Kaneshiro, in litt. 2005a, adults that have been identified as the includes populations of Urera kaalae, pp. 1–10), this unit was occupied by D. PCEs for this species. This unit also Cyanea sp., and Lobelia sp., the larval aglaia at the time of listing. This unit includes populations of Urera kaalae, stage host plants associated with this includes the known elevation range, Cyanea sp., and Lobelia sp., the larval species. moisture regime, and the native forest stage host plants associated with this Drosophila hemipeza—Unit 4—Puu components used by foraging adults and species. Kaua consists of 87 ac (35 ha) of identified as the PCEs for this species. Drosophila hemipeza—Unit 2— lowland, diverse, mesic, koa and ohia This unit also includes populations of Makaha Valley consists of 111 ac (45 ha) forest within the southern Waianae Urera glabra, the larval stage host plant of lowland, mesic, koa and ohia forest Mountains of Oahu. Ranging in associated with this species. within the southern Waianae Mountains elevation between 1,865–2,855 ft (570– Drosophila aglaia—Unit 2—Puu Kaua of Oahu. Ranging in elevation between 870 m), this unit is privately owned and consists of 87 ac (35 ha) of lowland, 1,995–3,005 ft (610–915 m), this unit is is part of a larger area called the diverse mesic, koa and ohia forest owned by the City and County of Honouliuli Preserve, administered and within the southern Waianae Mountains Honolulu and the State of Hawaii, and managed by TNCH. According to the of Oahu. Ranging in elevation between is largely managed as a State forest most recent survey data (K. Kaneshiro, 1,865–2,855 ft (570–870 m), this unit is reserve. According to the most recent in litt. 2005a, pp. 1–10), this unit was privately owned and is part of a larger survey data (K. Kaneshiro, in litt. 2005a, occupied by D. hemipeza at the time of area called the Honouliuli Preserve, pp. 4–5), this unit was occupied by D. listing. This unit includes the known which is administered and managed by hemipeza at the time of listing. This elevation range, moisture regime, and TNCH. According to the most recent unit includes the known elevation native forest components used by survey data (K. Kaneshiro, in litt. 2005a, range, moisture regime, and native foraging adults that have been identified pp. 1–10), this unit was occupied by D. forest components used by foraging as the PCEs for this species. This unit aglaia at the time of listing. It includes adults that have been identified as the also includes populations of Urera the known elevation range, moisture PCEs for this species. This unit also kaalae, Cyanea sp., and Lobelia sp., the regime, and native forest components includes populations of Urera kaalae, larval stage host plants associated with used by foraging adults that have been Cyanea sp., and Lobelia sp., the larval this species. identified as the PCEs for this species. stage host plants associated with this Drosophila montgomeryi—Unit 1— This unit also includes populations of species. Kaluaa Gulch consists of 527 ac (213 ha) Urera glabra, the larval stage host plant Drosophila hemipeza—Unit 3— of diverse, mesic forest within the associated with this species. Palikea consists of 208 ac (84 ha) of southern Waianae Mountains of Oahu. Drosophila hemipeza—Unit 1— lowland, mesic, koa and ohia forest Ranging in elevation between 1,720– Kaluaa Gulch consists of 527 ac (213 ha) within the southern Waianae Mountains 2,785 ft (525–850 m), this unit is of diverse, mesic forest within the of Oahu. Ranging in elevation between privately owned and is part of a larger southern Waianae Mountains of Oahu. 1,920–2,985 ft (585–910 m), this unit is area called the Honouliuli Preserve, Ranging in elevation between 1,720– privately and State-owned, and is part administered and managed by TNCH.

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According to the most recent survey have been identified as the PCEs for this stage host plants associated with this data (K. Kaneshiro, in litt. 2005a, pp. 1– species. This unit also includes species. 10), this unit was occupied by D. populations of Pleomele forbesii, the Drosophila tarphytrichia—Unit 1— montgomeryi at the time of listing. This larval stage host plant associated with Kaluaa Gulch consists of 527 ac (213 ha) unit includes the known elevation this species. of diverse, mesic forest within the range, moisture regime, and native Drosophila obatai—Unit 2—Wailupe southern Waianae Mountains of Oahu. forest components used by foraging consists of 77 ac (31 ha) of lowland, Ranging in elevation between 1,720– adults that have been identified as the mesic, koa and ohia forest within the 2,785 ft (525–850 m), this unit is PCEs for this species. This unit also southeastern Koolau Mountains of privately owned and is part of a larger includes populations of Urera kaalae, Oahu. Ranging in elevation between area called the Honouliuli Preserve, the larval stage host plant associated 1,475–2,155 ft (445–655 m), this unit is administered and managed by TNCH. with this species. privately and State-owned, and is According to the most recent survey Drosophila montgomeryi—Unit 2— largely managed as part of a State forest data (K. Kaneshiro, in litt. 2005a, pp. 1– Palikea consists of 208 ac (84 ha) of reserve. According to the most recent 10), this unit was occupied by D. lowland, mesic, koa and ohia forest survey data (K. Kaneshiro, in litt. 2005a, tarphytrichia at the time of listing. This within the southern Waianae Mountains p. 6), this unit was occupied by D. unit includes the known elevation of Oahu. Ranging in elevation between obatai at the time of listing. This unit range, moisture regime, and native 1,920–2,985 ft (585–910 m), this unit is includes the known elevation range, forest components used by foraging both privately and State-owned, and is moisture regime, and native forest adults that have been identified as the part of a larger area called the components used by foraging adults that PCEs for this species. This unit also Honouliuli Preserve, administered and have been identified as the PCEs for this includes populations of Charpenteira managed by TNCH. According to the species. This unit also includes obovata, the larval stage host plant most recent survey data (K. Kaneshiro, populations of Pleomele forbesii, the associated with this species. in litt. 2005a, pp. 1–10), this unit was larval stage host plant associated with Drosophila tarphytrichia—Unit 2— Palikea consists of 208 ac (84 ha) of occupied by D. montgomeryi at the time this species. of listing. This unit includes the known lowland, mesic, koa and ohia forest Drosophila substenoptera—Unit 1— elevation range, moisture regime, and within the southern Waianae Mountains Mt. Kaala consists of 116 ac (47 ha) of native forest components used by of Oahu. Ranging in elevation between montane, wet, ohia forest within the foraging adults that have been identified 1,920–2,985 ft (585–910 m), this unit is northern Waianae Mountains of Oahu. as the PCEs for this species. This unit privately and State-owned, and is part Ranging in elevation between 2,750– also includes populations of Urera of a larger area called the Honouliuli 4,030 ft (840–1,230 m), this unit is kaalae, the larval stage host plant Preserve, administered and managed by owned by the City and County of associated with this species. TNCH. According to the most recent Drosophila montgomeryi—Unit 3— Honolulu and the State of Hawaii, and survey data (K. Kaneshiro, in litt. 2005a, Puu Kaua consists of 87 ac (35 ha) of is largely managed as part of a State pp. 1–10), this unit was occupied by D. lowland, diverse, mesic, koa and ohia forest reserve and natural area reserve. tarphytrichia at the time of listing. This forest within the southern Waianae According to the most recent survey unit includes the known elevation Mountains of Oahu. Ranging in data (K. Kaneshiro, in litt. 2005a, p. 7), range, moisture regime, and native elevation between 1,865–2,855 ft (570– this unit was occupied by D. forest components used by foraging 870 m), this unit is privately owned and substenoptera at the time of listing. This adults that have been identified as the is part of a larger area called the unit includes the known elevation PCEs for this species. This unit also Honouliuli Preserve, administered and range, moisture regime, and native includes populations of Charpenteira managed by TNCH. According to the forest components used by foraging obovata, the larval stage host plant most recent survey data (K. Kaneshiro, adults that have been identified as the associated with this species. in litt. 2005a, pp. 1–10), this unit was PCEs for this species. This unit also Drosophila tarphytrichia—Unit 3— occupied by D. montgomeryi at the time includes populations of Cheirodendron Puu Kaua consists of 87 ac (35 ha) of of listing. This unit includes the known sp. and Tetraplasandra sp., the larval lowland, diverse mesic, koa and ohia elevation range, moisture regime, and stage host plants associated with this forest within the southern Waianae native forest components used by species. Mountains of Oahu. Ranging in foraging adults that have been identified Drosophila substenoptera—Unit 2— elevation between 1,865–2,855 ft (570– as the PCEs for this species. This unit Palikea consists of 208 ac (84 ha) of 870 m), this unit is privately owned and also includes populations of Urera lowland, mesic, koa and ohia forest is part of a larger area called the kaalae, the larval stage host plant within the southern Waianae Mountains Honouliuli Preserve, administered and associated with this species. of Oahu. Ranging in elevation between managed by TNCH. According to the Drosophila obatai—Unit 1—Puu Pane 1,920–2,985 ft (585–910 m), this unit is most recent survey data (K. Kaneshiro, consists of 33 ac (13 ha) of lowland, privately and State-owned, and is part in litt. 2005a, pp. 1–10), this unit was mesic, koa and ohia forest within the of a larger area called the Honouliuli occupied by D. tarphytrichia at the time northeastern Waianae Mountains of Preserve, administered and managed by of listing. This unit includes the known Oahu. Ranging in elevation between TNCH. According to the most recent elevation range, moisture regime, and 1,760–2,535 ft (535–770 m), this unit is survey data (K. Kaneshiro, in litt. 2005a, native forest components used by owned by the State of Hawaii and is pp. 1–10), this unit was occupied by D. foraging adults that have been identified largely managed as part of a State forest substenoptera at the time of listing. This as the PCEs for this species. This unit reserve. According to the most recent unit includes the known elevation also includes populations of survey data (K. Kaneshiro, in litt. 2005a, range, moisture regime, and native Charpenteira obovata, the larval stage p. 6), this unit was occupied by D. forest components used by foraging host plant associated with this species. obatai at the time of listing. This unit adults that have been identified as the includes the known elevation range, PCEs for this species. This unit also Hawaii (Big Island) Units moisture regime, and native forest includes populations of Cheirodendron Drosophila heteroneura—Unit 1—Kau components used by foraging adults that sp. and Tetraplasandra sp., the larval Forest consists of 125 ac (51 ha) of

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montane, wet, ohia forest, and is located the western flank of Hualalai and south of Hawaii and is largely managed as part on the southern flank of Mauna Loa on of the Kaupulehu lava flow on the of a State forest reserve. According to the island of Hawaii. Ranging in island of Hawaii. Ranging in elevation the most recent survey data (K. elevation between 5,215–5,510 ft between 3,835–4,525 ft (1,170–1,380 m), Kaneshiro, in litt. 2005a, p. 10), this unit (1,590–1,680 m), this unit is owned by this unit is privately owned and was occupied by D. mulli at the time of the State of Hawaii, and is largely managed. According to the most recent listing. This unit includes the known managed as part of a State forest reserve. survey data (K. Kaneshiro, in litt. 2005a, elevation range, moisture regime, and According to the most recent survey p. 8), this unit was occupied by D. native forest components used by data (K. Kaneshiro, in litt. 2005a, p. 8), heteroneura at the time of listing. This foraging adults that have been identified this unit was occupied by D. unit includes the known elevation as the PCEs for this species. This unit heteroneura at the time of listing. This range, moisture regime, and native also includes populations of Pritchardia unit includes the known elevation forest components used by foraging beccariana, the larval stage host plant range, moisture regime, and native adults that have been identified as the associated with this species. forest components used by foraging PCEs for this species. This unit also Drosophila mulli—Unit 3—Waiakea adults that have been identified as the includes populations of Cheirodendron Forest consists of 373 ac (151 ha) of PCEs for this species. This unit also trigynum, Clermontia sp., and Delissea montane, wet, ohia forest, and is located includes populations of Cheirodendron parviflora, the larval stage host plants to the northeast of Kilauea Caldera on trigynum, Clermontia sp., and Delissea associated with this species. the southeastern flank of Mauna Loa on parviflora, the larval stage host plants Drosophila heteroneura—Unit 5— the island of Hawaii. Ranging in associated with this species. Waihaka Gulch consists of 120 ac (49 elevation between 3,130–3,585 ft (955– Drosophila heteroneura—Unit 2— ha) of montane, wet, koa and ohia forest, 1,095 m), this unit is owned by the State Kona Refuge consists of 3,604 ac (1,459 and is located on the southern flank of of Hawaii and is largely managed as part ha) of montane, mesic, closed koa and Mauna Loa on the island of Hawaii. of a State forest reserve. According to ohia forest, and is located on the Ranging in elevation between 4,065– the most recent survey data (K. western flank of Mauna Loa on the 4,390 ft (1,240–1,340 m), this unit is Kaneshiro, in litt. 2005a, p. 10), this unit island of Hawaii. Ranging in elevation owned by the State of Hawaii, and is was occupied by D. mulli at the time of between 2,980–5,755 (910–1,755 m), largely managed as part of a State forest listing. This unit includes the known this unit is owned by the Service, and reserve. According to the most recent elevation range, moisture regime, and is managed as part of the Kona Unit of survey data (K. Kaneshiro, in litt. 2005a, native forest components used by the Hakalau Forest National Wildlife p. 8), this unit was occupied by D. foraging adults that have been identified Refuge. According to the most recent heteroneura at the time of listing. This as the PCEs for this species. This unit survey data (K. Kaneshiro, in litt. 2005a, unit includes the known elevation also includes populations of Pritchardia p. 8), this unit was occupied by D. range, moisture regime, and native beccariana, the larval stage host plant heteroneura at the time of listing. This forest components used by foraging associated with this species. unit includes the known elevation adults that have been identified as the Drosophila ochrobasis—Unit 1— range, moisture regime, and native PCEs for this species. This unit also Kipuka 9 consists of 9 ac (4 ha) of forest components used by foraging includes populations of Cheirodendron montane, wet, ohia forest with native adults that have been identified as the trigynum, Clermontia sp., and Delissea shrubs, and is located within the Saddle PCEs for this species. This unit also parviflora, the larval stage host plants Road area on the northeastern flank of includes populations of Cheirodendron associated with this species. Mauna Loa on the island of Hawaii. trigynum, Clermontia sp., and Delissea Drosophila mulli—Unit 1—Olaa Ranging in elevation between 5,075– parviflora, the larval stage host plants Forest consists of 244 ac (99 ha) of 5,125 ft (1,545–1,560 m), this unit is associated with this species. montane, wet, ohia forest and is located owned by the State of Hawaii and is Drosophila heteroneura—Unit 3— to the northeast of Kilauea Caldera on largely managed as part of a State forest Lower Kahuku consists of 687 ac (278 the southeastern flank of Mauna Loa on reserve. According to the most recent ha) of montane, mesic to wet, ohia the island of Hawaii. Ranging in survey data (K. Kaneshiro, in litt. 2005a, forest, and is located on the southern elevation between 3,120–3,300 ft (950– p. 10), this unit was occupied by D. flank of Mauna Loa on the island of 1,005 m), this unit is owned by the State ochrobasis at the time of listing. This Hawaii. Ranging in elevation between of Hawaii and is largely managed as part unit includes the known elevation 3,705–4,685 ft (1,130–1,430 m), this unit of a State forest reserve. According to range, moisture regime, and native is owned and managed by the National the most recent survey data (K. forest components used by foraging Park Service (NPS), Hawaii Volcanoes Kaneshiro, in litt. 2005a, p. 10), this unit adults that have been identified as the National Park. According to the most was occupied by D. mulli at the time of PCEs for this species. This unit also recent survey data (K. Kaneshiro, in litt. listing. This unit includes the known includes populations of Clermontia sp., 2005a, p. 8), this unit was occupied by elevation range, moisture regime, and Marattia douglasii, and Myrsine sp., the D. heteroneura at the time of listing. native forest components used by larval stage host plants associated with This unit includes the known elevation foraging adults that have been identified this species. range, moisture regime, and native as the PCEs for this species. This unit Drosophila ochrobasis—Unit 2— forest components used by foraging also includes populations of Pritchardia Kipuka 14 consists of 15 ac (6 ha) of adults that have been identified as the beccariana, the larval stage host plant montane, wet, ohia forest with native PCEs for this species. This unit also associated with this species. shrubs, and is located within the Saddle includes populations of Cheirodendron Drosophila mulli—Unit 2—Stainback Road area on the northeastern flank of trigynum, Clermontia sp., and Delissea Forest consists of 76 ac (31 ha) of Mauna Loa on the island of Hawaii. parviflora, the larval stage host plants montane, wet, ohia forest, and is located Ranging in elevation between 5,105– associated with this species. to the northeast of Kilauea Caldera on 5,145 ft (1,555–1,570 m), this unit is Drosophila heteroneura—Unit 4—Pit the southeastern flank of Mauna Loa on owned by the State of Hawaii and is Crater consists of 46 ac (18 ha) of the island of Hawaii. Ranging in largely managed as part of a State forest montane, mesic, open ohia forest with elevation between 1,955–2,165 ft (595– reserve. According to the most recent mixed grass species, and is located on 660 m), this unit is owned by the State survey data (K. Kaneshiro, in litt. 2005a,

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pp. 12–13), this unit was occupied by D. Drosophila ochrobasis—Unit 5— This unit also includes populations of ochrobasis at the time of listing. This Upper Kahuku consists of 88 ac (36 ha) Cyanea kunthiana and C. macrostegia unit includes the known elevation of montane, wet, ohia forest, and is ssp. macrostegia, the larval stage host range, moisture regime, and native located on the southern flank of Mauna plant associated with this species. As forest components used by foraging Loa on the island of Hawaii. Ranging in described below, we are excluding 450 adults that have been identified as the elevation between 5,235–5,390 ft ac (182 ha) of this unit from the critical PCEs for this species. This unit also (1,595–1,645 m), this unit is owned by habitat designation for D. neoclavisetae includes populations of Clermontia sp., the State of Hawaii and the NPS Hawaii (see ‘‘Exclusions Under Section 4(b)(2) Marattia douglasii, and Myrsine sp., the Volcanoes National Park. The area of the Act’’ section). larval stage host plants associated with within this unit is largely managed as Molokai Unit this species. part of a State forest reserve and as a Drosophila ochrobasis—Unit 3— national park. According to the most Drosophila differens—Unit 1—Puu Kohala Mountains East consists of 193 recent survey data (K. Kaneshiro, in litt. Kolekole consists of 988 ac (400 ha) of ac (78 ha) of montane, wet, ohia forest 2005a, pp. 12–13), this unit was montane, wet, ohia forest within the with native shrubs and mixed grass occupied by D. ochrobasis at the time of eastern Molokai mountains on the species, and is located on the listing. This unit includes the known island of Molokai. Ranging in elevation southeastern flank of the Kohala elevation range, moisture regime, and between 3,645–4,495 ft (1,110–1,370 m), Mountains on the island of Hawaii. native forest components used by this unit is privately owned and is Ranging in elevation between 3,850– foraging adults that have been identified managed by TNCH as part of the 4,140 ft (1,175–1,260 m), this unit is as the PCEs for this species. This unit Kamakou and Pelekunu preserves. owned by the State of Hawaii and is also includes populations of Clermontia According to the most recent survey largely managed as part of a State forest sp., Marattia douglasii, and Myrsine sp., data (K. Kaneshiro, in litt. 2005a, p. 11), reserve. According to the most recent the larval stage host plants associated this unit was occupied by D. differens survey data (K. Kaneshiro, in litt. 2005a, with this species. at the time of listing. This unit includes pp. 12–13), this unit was occupied by D. Kauai Unit the known elevation range, moisture ochrobasis at the time of listing. This regime, and native forest components Drosophila musaphilia—Unit 1— unit includes the known elevation used by foraging adults that have been Kokee consists of 794 ac (321 ha) of range, moisture regime, and native identified as the PCEs for this species. montane, mesic, koa and ohia forest, This unit also includes populations of forest components used by foraging and is located in the Kokee region of adults that have been identified as the Clermontia sp., the larval stage host northwestern Kauai. Ranging in plant associated with this species. PCEs for this species. This unit also elevation between 3,310–3,740 ft includes populations of Clermontia sp., (1,010–1,140 m), this unit is owned by Effects of Critical Habitat Designation Marattia douglasii, and Myrsine sp., the the State of Hawaii and occurs on lands Section 7 Consultation larval stage host plants associated with managed as part of a State park, forest this species. reserve, and natural area reserve. Section 7(a)(2) of the Act requires Drosophila ochrobasis—Unit 4— According to the most recent survey Federal agencies, including the Service, Kohala Mountains West consists of 132 data (K. Kaneshiro, in litt. 2005a, p. 11), to ensure that actions they fund, ac (54 ha) of montane, wet, ohia forest this unit was occupied by D. musaphilia authorize, or carry out are not likely to with native shrubs and mixed grass at the time of listing. This unit includes jeopardize the continued existence of a species, and is located on the the known elevation range, moisture listed species or destroy or adversely southwestern flank of the Kohala regime, and native forest components modify designated critical habitat. Mountains on the island of Hawaii. used by foraging adults that have been Decisions by the Fifth and Ninth Circuit Ranging in elevation between 4,945– identified as the PCEs for this species. Court of Appeals have invalidated our 5,325 ft (1,510–1,625 m), this unit is This unit also includes populations of definition of ‘‘destruction or adverse privately and State-owned, and is Acacia koa, the larval stage host plant modification’’ (50 CFR 402.02) (see largely managed as part of a State forest associated with this species. Gifford Pinchot Task Force v. U.S. Fish reserve. Drosophila ochrobasis was not and Wildlife Service, 378 F. 3d 1059 historically known from this area, but Maui Unit (9th Cir 2004) and Sierra Club v. U.S. was first observed here during field Drosophila neoclavisetae—Unit 1— Fish and Wildlife Service et al., 245 F.3d surveys conducted in October of 2006 Puu Kukui consists of 584 ac (237 ha) 434, 442F (5th Cir 2001)), and we do not (K. Magnacca, in litt. 2006, p. 1), only of montane, wet, ohia forest within the rely on this regulatory definition when four months from the date of listing of west Maui mountains on the island of analyzing whether an action is likely to the species (June 2006). Given the fact Maui. Ranging in elevation between destroy or adversely modify critical that this area was surveyed so soon after 3,405–4,590 ft (1,040–1,400 m), this unit habitat. Under the statutory provisions the listing of the species, and contains is both privately and State-owned. All of of the Act, destruction or adverse relatively intact, closed-canopy, native the area within this unit occurs within modification is determined on the basis forest, including the fly’s host plant the boundary of the Puu Kukui of whether, with implementation of the species, we have determined that it was Watershed Preserve, lands jointly proposed Federal action, the affected occupied by D. ochrobasis at the time of managed by TNCH, the State of Hawaii, critical habitat would remain functional the listing. This unit includes the and the MLP Company. According to (or retain the current ability for the known elevation range, moisture the most recent survey data (K. primary constituent elements to be regime, and native forest components Kaneshiro, in litt. 2005a, p. 11), this unit functionally established) to serve its used by foraging adults that have been was occupied by D. neoclavisetae at the intended conservation role for the identified as the PCEs for this species. time of listing. This unit includes the species. This unit also includes populations of known elevation range, moisture If a species is listed or critical habitat Clermontia sp., Marattia douglasii, and regime, and native forest components is designated, section 7(a)(2) of the Act Myrsine sp., the larval stage host plants used by foraging adults that have been requires Federal agencies to ensure that associated with this species. identified as the PCEs for this species. activities they authorize, fund, or carry

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out are not likely to jeopardize the hemipeza, D. heteroneura, D. of the 12 picture-wing flies’ host plants. continued existence of the species or to montgomeryi, D. mulli, D. musaphilia, For example, this may occur through destroy or adversely modify its critical D. neoclavisetae, D. obatai, D. plowing, grading, development, road or habitat. If a Federal action may affect a ochrobasis, D. substenoptera, and D. fence building, burning or taking other listed species or its critical habitat, the tarphytrichia or their designated critical actions that pose a risk of fire, responsible Federal agency (action habitat will require consultation under mechanical weed control, herbicide agency) must enter into consultation section 7(a)(2) of the Act. Activities on application, recreational use, and with us. As a result of this consultation, State, local, or private lands requiring a activities associated with wildfire we document compliance with the Federal permit, such as a permit from fighting (e.g., staging areas, surface requirements of section 7(a)(2) through the U.S. Army Corps of Engineers under disturbance). our issuance of: section 404 of the Clean Water Act (33 (3) Actions that may affect habitat (1) A concurrence letter for Federal U.S.C. 1251 et seq.) or a permit from the value or quality through indirect effects actions that may affect, but are not Service under section 10(a)(1)(B) of the (e.g., outplanting efforts that enable the likely to adversely affect, listed species Act, or involving some other Federal spread of nonnative species or or critical habitat; or action such as funding from the Federal fragmentation). (2) A biological opinion (BO) for Highway Administration, Federal All of the units designated as critical Federal actions that may affect, but are Aviation Administration, or the Federal habitat, including the Maui Land and likely to adversely affect, listed species Emergency Management Agency are Pineapple Co. portion of the Drosophila or critical habitat. examples of agency actions that may be neoclavisetae—Unit 1—Puu Kukui, When we issue a BO concluding that subject to the section 7 consultation which was excluded under section a project is likely to jeopardize the process. Federal actions not affecting 4(b)(2) of the Act, contain the physical continued existence of a listed species listed species or critical habitat, and and biological features essential to the or destroy or adversely modify critical actions on State, Tribal, local, or private conservation of the 12 picture-wing habitat, we also provide reasonable and lands that are not federally funded, flies. Each of the 32 units that have been prudent alternatives to the project, if authorized, or permitted, do not require designated as critical habitat are within any are identifiable. We define section 7(a)(2) consultations. the geographic ranges of these species, ‘‘Reasonable and prudent alternatives’’ Application of the Adverse Modification were known to be occupied by the at 50 CFR 402.02 as alternative actions Standard species at the time of listing, and are identified during consultation that: currently occupied. Federal agencies The key factor related to the adverse • Can be implemented in a manner already consult with us on activities in modification determination is whether, consistent with the intended purpose of areas that are currently occupied by with implementation of the proposed the action; these species in cases where they may Federal action, the affected critical • Can be implemented consistent be affected, to ensure that their actions habitat would remain functional to with the scope of the Federal agency’s do not jeopardize the continued serve its intended conservation role for legal authority and jurisdiction; existence of the 12 picture-wing flies. the species. Activities that may destroy • Are economically and or adversely modify critical habitat are Exclusions technologically feasible; and those that alter the physical and • Would, in the Director’s opinion, Application of Section 4(a)(3) of the Act biological features to an extent that avoid jeopardizing the continued appreciably reduces the conservation The National Defense Authorization existence of the listed species or value of critical habitat for the 12 Act for Fiscal Year 2004 (Pub. L. 108– destroying or adversely modifying picture-wing flies. 136) amended the Act to limit areas critical habitat. Section 4(b)(8) of the Act requires us eligible for designation as critical Reasonable and prudent alternatives can to briefly evaluate and describe, in any habitat. Specifically, section 4(a)(3)(B)(i) vary from slight project modifications to proposed or final regulation that of the Act (16 U.S.C. 1533(a)(3)(B)(i)) extensive redesign or relocation of the designates critical habitat, those now states that: ‘‘The Secretary shall not project. Costs associated with activities involving a Federal action that designate as critical habitat any lands or implementing a reasonable and prudent may destroy or adversely modify such other geographical areas owned or alternative are similarly variable. habitat, or that may be affected by such controlled by the Department of Regulations at 50 CFR 402.16 require designation. Defense, or designated for its use, that Federal agencies to reinitiate Activities that, when carried out, are subject to an integrated natural consultation on previously reviewed funded, or authorized by a Federal resources management plan prepared actions in instances where a new agency, may affect critical habitat and, under section 101 of the Sikes Act (16 species is listed or critical habitat is therefore, should result in consultation U.S.C. 670a), if the Secretary determines subsequently designated that may be for the 12 picture-wing flies include, but in writing that such plan provides a affected and the Federal agency has are not limited to: benefit to the species for which critical retained discretionary involvement or (1) Actions that may degrade or habitat is proposed for designation.’’ control over the action or such remove host plant habitat or result in The Sikes Act Improvement Act of discretionary involvement or control is the loss and degradation of the 12 1997 (Sikes Act) (16 U.S.C. 670a) authorized by law. Consequently, some picture-wing flies’ habitat. For example, required each military installation that Federal agencies may need to request this could occur through activities such includes land and water suitable for the reinitiation of consultation with us on as controlled burns, clearing or cutting conservation and management of actions for which consultation has been of native live trees and shrubs, natural resources to complete an completed, if those actions may affect introducing or encouraging the spread integrated natural resources subsequently listed species or of nonnative plants, recreational use, or management plan (INRMP) by designated critical habitat in a manner the use of off-road vehicles in a manner November 17, 2001. An INRMP not previously analyzed. that degrades native vegetation. integrates implementation of the Federal activities that may affect (2) Actions that may result in the military mission of the installation with Drosophila aglaia, D. differens, D. removal, thinning, or other modification stewardship of the natural resources

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found on the base. Each INRMP section 4(a)(3) of the Act. We are not occupied by the species at the time of includes: including approximately 78 ac (31 ha) of listing that are essential to the • An assessment of the ecological habitat on Oahu in this final critical conservation of the species. In needs on the installation, including the habitat designation because of this identifying those lands, the Service need to provide for the conservation of exemption. The other 10 species of must consider the recovery needs of the listed species; picture-wing flies do not occur on U.S. species, such that, on the basis of the • A statement of goals and priorities; Army land, and are not subject to best scientific and commercial data • A detailed description of consideration under section 4(a)(3)(B)(i) available at the time of designation, the management actions to be implemented of the Act. habitat that is identified, if managed, to provide for these ecological needs; Recently, the Army informed us that could provide for the survival and and they are updating their 2000 INRMP and recovery of the species. • A monitoring and adaptive incorporating the conservation measures The consultation provisions under management plan. found in the 2002–2006 Oahu Integrated section 7(a) of the Act constitute the Among other things, each INRMP Natural Resources Management Plan. regulatory benefits of critical habitat. As must, to the extent appropriate and Revisions to the INRMP are expected to discussed above, Federal agencies must applicable, provide for fish and wildlife be completed in 2009 (M. Mansker, in consult with us on actions that may management; fish and wildlife habitat litt. 2008). affect critical habitat and must avoid destroying or adversely modifying enhancement or modification; wetland Application of Section 4(b)(2) of the Act protection, enhancement, and critical habitat. Federal agencies must restoration where necessary to support Section 4(b)(2) of the Act states that also consult with us on actions that may fish and wildlife; and enforcement of the Secretary must designate and revise affect a listed species and refrain from applicable natural resource laws. critical habitat on the basis of the best undertaking actions that are likely to We coordinate with the military on available scientific data after taking into jeopardize the continued existence of the development and implementation of consideration the economic impact, such species. The analysis of effects to INRMPs for installations with listed national security impact, and any other critical habitat is a separate and species. INRMPs developed by military relevant impact, of specifying any different analysis from that of the effects installations located within the range of particular area as critical habitat. The to the species. Therefore, the difference the critical habitat designation for Secretary may exclude an area from in outcomes of these two analyses Drosophila aglaia and D. substenoptera critical habitat if he determines that the represents the regulatory benefit of were analyzed for purposes of section benefits of such exclusion outweigh the critical habitat. For some species, and in 4(a)(3) of the Act. benefits of specifying such area as part some locations, the outcome of these of the critical habitat, unless he analyses will be similar, because effects Approved INRMPs determines, based on the best scientific on habitat will often result in effects on West Range of Schofield Barracks data available, that the failure to the species. However, the regulatory Military Reservation designate such area as critical habitat standard is different: The jeopardy will result in the extinction of the analysis looks at the action’s impact on The U.S. Army completed its Oahu species. In making that determination, survival and recovery of the species, INRMP in 2000. Conservation measures the legislative history is clear that the while the adverse modification analysis included in the INRMP that benefit Secretary has broad discretion regarding looks at the action’s effects on the Drosophila aglaia and D. substenoptera which factor(s) to use and how much designated habitat’s contribution to the include (1) Outplanting of native plants, weight to give to any factor. species’ conservation. This will, in which provides for the natural forest Under section 4(b)(2) of the Act, in many instances, lead to different results conditions necessary for adult fly considering whether to exclude a and different regulatory requirements. foraging by both species; (2) feral particular area from the designation, we For 30 years prior to the Ninth ungulate control, which prevents both must identify the benefits of including Circuit’s decision in Gifford Pinchot, direct loss of the larval stage host plants the area in the designation, identify the consistent with the 1986 regulations, we and adult foraging substrate of both benefits of excluding the area from the essentially combined the jeopardy species and prevents habitat alteration designation, and determine whether the standard with the standard for by feral ungulates; (3) wildland wildfire benefits of exclusion outweigh the destruction or adverse modification of control, which prevents both loss and benefits of inclusion. If based on this critical habitat when evaluating Federal alteration of habitat for D. aglaia; and (4) analysis we make this determination, actions that affected currently occupied nonnative plant control, which prevents then we can exclude the area only if critical habitat. However, the court of habitat alteration for both species. such exclusion would not result in the appeals ruled that the two standards are Based on the above considerations, extinction of the species. distinct and that adverse modification and in accordance with section In the following sections, we address evaluations require consideration of 4(a)(3)(B)(i) of the Act, we have a number of general issues that are impacts on species recovery. Thus, a determined that conservation efforts relevant to the exclusion considered in critical habitat designation may provide identified in the U.S. Army Garrison this final critical habitat rule. greater regulatory benefits to the Hawaii Oahu Training Areas Natural recovery of a species than would listing Resource Management Final Report Benefits of Designating Critical Habitat alone. (U.S. Army, 2000(b)) and the 2002–2006 The process of designating critical There are two limitations to the Oahu Integrated Natural Resources habitat as described in the Act requires regulatory effect of critical habitat. First, Management Plan (U.S. Army, 2000(a)) that the Service identify those lands on a section 7(a)(2) consultation is required provide benefits to Drosophila aglaia which are found the physical or only where there is a Federal nexus (an and D. substenoptera where they occur biological features essential to the action authorized, funded, or carried out within or adjacent to the West Range of conservation of the species that may by any Federal agency)—if there is no Schofield Barracks Military Reservation. require special management Federal nexus, the critical habitat Therefore, this installation is exempt considerations or protection, and those designation of private lands itself does from critical habitat designation under areas outside the geographical area not restrict any actions that destroy or

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adversely modify critical habitat. benefit that can be achieved through conservation of listed species in many Second, the designation only limits voluntary conservation efforts or parts of the United States is dependent destruction or adverse modification. By management plans. The conservation upon working partnerships with a wide its nature, the prohibition on adverse achieved through implementing HCPs variety of entities and the voluntary modification is designed to ensure that or other habitat management plans can cooperation of many non-Federal the conservation role and function of be greater than what we achieve through landowners (Wilcove and Chen 1998, p. those areas that contain the physical multiple site-by-site, project-by-project, 1407; Crouse et al. 2002, p. 720; James and biological features essential to the section 7(a)(2) consultations involving 2002, p. 271). Building partnerships and conservation of the species or of consideration of critical habitat. promoting voluntary cooperation of unoccupied areas that are essential to Management plans may commit landowners is essential to the conservation of the species is not resources to implement long-term understanding the status of species on appreciably reduced as a result of a management and protection to non-Federal lands and is necessary to Federal action. Critical habitat particular habitat for at least one and implement recovery actions such as designation alone, however, does not possibly additional listed or sensitive reintroducing listed species, habitat require property owners to undertake species. Section 7(a)(2) consultations restoration, and habitat protection. specific steps toward recovery of the commit Federal agencies to preventing Many non-Federal landowners derive species. adverse modification of critical habitat satisfaction in contributing to Once an agency determines that caused by the particular project only, endangered species recovery, and the consultation under section 7(a)(2) of the and not to providing conservation or Service promotes these private-sector Act is necessary, the process may long-term benefits to areas not affected efforts. Conservation agreements with conclude informally when we concur in by the proposed project. Thus, non-Federal landowners (e.g., Habitat writing that the proposed Federal action implementation of any HCP or Conservation Plans, Safe Harbor is not likely to adversely affect critical management plan that considers Agreements, State and local regulations, habitat. However, if we determine enhancement or recovery as the and other conservation agreements or through informal consultation that management standard may often easements) enhance species adverse impacts are likely to occur, then provide as much or more benefit than a conservation by extending species we would initiate formal consultation, consultation for critical habitat protections beyond those available which would conclude when we issue designation. through section 7 consultations. We a biological opinion on whether the Another benefit of including lands in encourage non-Federal landowners to proposed Federal action is likely to critical habitat is that designation of enter into conservation agreements, result in destruction or adverse critical habitat serves to educate based on a view that we can achieve modification of critical habitat. landowners, State and local greater species conservation on non- For critical habitat, a biological governments, and the public regarding Federal land through such partnerships opinion that concludes in a the potential conservation value of an than we can through regulatory methods determination of no destruction or area. This helps focus and promote (61 FR 63854; December 2, 1996). adverse modification may contain conservation efforts by other parties by Many private landowners, however, discretionary conservation clearly delineating areas of high are wary of the possible consequences of recommendations to minimize adverse conservation value for the 12 picture- promoting endangered species effects to primary constituent elements, wing flies. In general, critical habitat conservation on their property, and but it would not suggest the designation always has educational there is mounting evidence that some implementation of any reasonable and benefits, and may inform State agencies regulatory actions by the Federal prudent alternative. We suggest and local governments about areas that government, while well-intentioned and reasonable and prudent alternatives to could be conserved under State laws or required by law, can under certain the proposed Federal action only when local ordinances. circumstances have unintended our biological opinion results in an negative consequences for the adverse modification conclusion. Conservation Partnerships on Non- conservation of species on private lands As stated above, the designation of Federal Lands (Wilcove et al. 1996, pp. 5–6; Bean critical habitat does not require that any Most federally listed species in the 2002, pp. 2–3; Conner and Mathews management or recovery actions take United States will not recover without 2002, pp. 1–2; James 2002, pp. 270–271; place on the lands included in the the cooperation of non-Federal Koch 2002, pp. 2–3; Brook et al. 2003, designation. Even in cases where landowners. More than 60 percent of the pp. 1639–1643). Many landowners fear consultation has been initiated under United States is privately owned (US a decline in the value of their property, section 7(a)(2) of the Act, the end result Department of Agriculture 2002), and at based on real or perceived restrictions of consultation is to avoid jeopardy to least 80 percent of endangered or on land-use options where threatened or the species or adverse modification of threatened species occur either partially endangered species occur. its critical habitat or both, but not or solely on private lands (Crouse et al. Consequently, harboring endangered specifically to manage remaining lands 2002, p. 720). Eighty-eight percent of the species is viewed by many landowners or institute recovery actions on State of Hawaii is made up of non- as a liability, resulting in anti- remaining lands. Conversely, voluntary Federal lands. Stein et al. (1995, p. 400) conservation incentives because of a conservation efforts implemented found that only about 12 percent of perceived risk to future economic through management plans institute listed species in the United States were opportunities (Main et al. 1999, pp. proactive actions over the lands they found almost exclusively on Federal 1264–1265; Brook et al. 2003, pp. 1644– encompass and are put in place to lands (90–100 percent of their known 1648). remove or reduce known threats to a occurrences restricted to Federal lands) Some researchers believe that the species or its habitat. We believe that in and that 50 percent of listed species are designation of critical habitat on private many instances the benefit to a species not known to occur on Federal lands at lands significantly reduces the or its habitat or both realized through all. likelihood that landowners will support the designation of critical habitat is low Given the distribution of listed and carry out conservation actions when compared to the conservation species with respect to land ownership, (Main et al. 1999, p. 1263; Bean 2002,

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p. 2; Brook et al. 2003, pp. 1644–1648). organizations, and private landowners, Maui Land and Pineapple (MLP) The magnitude of this negative outcome which together can implement Company’s Puu Kukui Watershed is amplified in situations where active conservation actions that we would be Preserve, Located in the West Maui species conservation management unable to accomplish otherwise. Mountains measures (e.g., reintroduction, wildfire Designating lands within approved Significant progress has been made in management, control of invasive management plan areas as critical habitat restoration on MLP lands within species) are necessary (Bean 2002, pp. habitat would likely have a negative the Puu Kukui Watershed Preserve 3–4). We believe that, in some instances, effect on our ability to establish new (PKWP), located in the West Maui the judicious exclusion of specific areas partnerships to develop these plans, Mountains. We proposed to designate of non-federally owned lands from particularly plans that address approximately 450 ac (182 ha) within critical habitat designations can landscape-level conservation of species MLP’s PKWP as critical habitat on Maui contribute to species recovery and and habitats. By preemptively excluding for Drosophila neoclavisetae within provide a greater level of species these lands, we preserve our current Drosophila neoclavisetae—Unit 1—Puu conservation than critical habitat partnerships and encourage additional Kukui (72 FR 67428). Since 1988, MLP designation alone. conservation actions in the future. has proactively managed their 450 ac The purpose of designating critical habitat is to contribute to the Furthermore, both HCP and Natural (182 ha) within the PKWP and is conservation of threatened and Community Conservation Plan (NCCP)- currently in its 15th year of contract endangered species and the ecosystems HCP applications require consultation, with the State of Hawaii’s Natural Area upon which they depend. The outcome which would review the effects of all Partnership (NAP) Program to preserve of the designation, triggering regulatory HCP-covered activities that might the native biodiversity of the company’s requirements for actions funded, adversely impact the species under a conservation lands. At slightly over authorized, or carried out by Federal jeopardy standard, including possibly 8,600 ac (3,483 ha), the PKWP is the agencies under section 7(a)(2) of the significant habitat modification (see largest privately owned preserve in the Act, can sometimes be definition of ‘‘harm’’ at 50 CFR 17.3), State. counterproductive to its intended even without the critical habitat In 1993, MLP became the first private purpose on non-Federal lands. Thus the designation. In addition, Federal actions landowner participant in the NAP benefits of excluding areas that are not covered by the HCP in areas program. They are pursuing four covered by effective partnerships or occupied by listed species would still management programs stipulated in other conservation commitments can require consultation under section their PKWP Management Plan (2005) often be high. 7(a)(2) of the Act, and we would review that emphasize reducing nonnative these actions for possibly significant species that immediately threaten the Benefits of Excluding Lands With habitat modification, in accordance with management area (MLP 1999). The Approved Management Plans the definition of harm referenced above. primary management goals within The benefits of excluding lands PKWP are to: (1) Eliminate ungulate The information provided in the within approved long-term management activity in all Puu Kukui management previous section applies to all the plans from critical habitat designation units; (2) reduce the range of habitat- following discussions of benefits of include relieving landowners, modifying weeds and prevent communities, and counties of any inclusion or exclusion of critical habitat. introduction of nonnative plants; (3) additional regulatory burden that might Areas Considered for Exclusion Under reduce the negative impacts of be imposed by critical habitat. Many Section 4(b)(2) of the Act nonnative invertebrates and small conservation plans provide conservation animals; (4) monitor and track biological benefits to unlisted sensitive species. Under section 4(b)(2) of the Act, we and physical resources in the watershed Imposing an additional regulatory evaluate the effectiveness of in order to improve management review as a result of the designation of management plans that address the understanding of the watershed’s critical habitat may undermine enhancement or recovery of listed resources; and (5) prevent the extinction conservation efforts and partnerships in species when we weigh and balance the of rare species within the watershed. many areas. Designation of critical benefits of inclusion or exclusion of a Specific management actions that habitat within the boundaries of particular area from critical habitat address feral ungulates include the management plans that provide designation. We consider the following construction of fences surrounding 10 conservation measures for a species guidelines in evaluating the management units and removal of could be viewed as a disincentive to management and protection provided by ungulates within the PKWP. entities currently developing these such plans: The nonnative plant control program plans or contemplating them in the (1) The plan is complete and provides within PKWP focuses on weeds that future, because one of the incentives for for the conservation and protection of modify habitat, prioritizing weeds undertaking conservation is greater ease the physical and biological features according to the degree of threat to of permitting where listed species will essential to the conservation of the native ecosystems, and preventing the be affected. Addition of a new species; introduction of new weeds. The weed regulatory requirement would remove a control program includes mapping and significant incentive for undertaking the (2) There is a reasonable expectation monitoring along established transects time and expense of management that the conservation management and controlling weeds through manual planning. strategies and actions will be or mechanical means. Monitoring and A related benefit of excluding lands implemented for the foreseeable future, research activities conducted under the within management plans from critical based on past practices, written plan track biological and physical habitat designation is the unhindered, guidance, or regulations; and resources, and detect and evaluate continued ability it gives us to seek new (3) The plan provides conservation changes to these resources to guide partnerships with future plan strategies and measures consistent with management programs. Vegetation is participants, including States, counties, currently accepted principles of monitored using permanent local jurisdictions, conservation conservation biology. photographic points. Nonnative species,

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as well as rare, endemic, and indigenous view of the nature of the actions likely benefit to D. neoclavisetae’s host plant species, are monitored along permanent to be consulted on—programs to populations in the area. transects. MLP also provides logistical enhance species habitat—the outcome Existing MLP conservation and other support for approved research of consultation is likely to be the same. agreements with Federal and State projects, interagency cooperative There have been no section 7 agencies and other private organizations agreements, and remote survey trips consultations involving Drosophila advance their mission of practicing within the watershed. neoclavisetae or its host plants with the prudent stewardship of their land and PKWP to date. The economic analysis water resources to ensure the protection Benefits of Inclusion anticipates that there will be two of rare and endangered plant and animal The benefits of including lands in informal consultations associated with species, and water resources that are critical habitat can be regulatory or projects in the PKWP to remove crucial to the community. Their educational, which can aid in nonnative species over the next 13 continued implementation of the PKWP promoting the recovery of species. The years, although no formal consultations Management Plan will specifically principal regulatory benefit of would be likely to occur over the 20- benefit Drosophila neoclavisetae designating critical habitat in this area year timeframe of the analysis. The two through actions that manage invasive would be that Federal actions affecting informal section 7 consultations species and restore native species D. neoclavisetae would require anticipated by the economic analysis habitat. The PKWP Management Plan consultation under section 7 of the Act. would occur based on the species’ provides a significant conservation Consultation would ensure that a presence in the area even if critical benefit to D. neoclavisetae’s host plant proposed action does not result in the habitat is not designated. We do not populations in the area, and we have a destruction or adverse modification of foresee any additional consultations reasonable expectation that the critical habitat. The most likely Federal beyond those anticipated by the strategies and measures will be nexus would be associated with Service economic analysis, and predict that the effective. We have been informed by funding for management activities that section 7 consultation process for MLP that the area proposed for target invasive species removal, and a critical habitat would be unlikely to designation of critical habitat is already potential outcome of a section 7 result in any additional protections for being preserved in perpetuity for the consultation would be conservation the species for the reasons discussed conservation and protection of native recommendations to avoid stands of above. Consequently, there is little habitat for picture-wing flies and other Cyanea kunthiana and Cyanea regulatory benefit of designating critical native Hawaiian biota, and they believe macrostegia ssp. macrostegia when, for habitat on the MLP lands within that the designation of critical habitat is example, constructing a new fence or Drosophila neoclavisetae—Unit 1—Puu unnecessary (MLP 2008, p. 2). In applying herbicides. However, these Kukui. addition, during an April 21, 2008, conservation recommendations would The final listing rule for the 12 meeting between MLP and Service staff, still be included within the PKWP picture-wing flies (71 FR 26835) MLP stated their objection to the invasive species control program even acknowledged the importance of this designation of critical habitat on their in the absence of critical habitat area to the overall conservation of lands (Scott McCarthy, Service, in litt. designation. Accordingly, we believe Drosophila neoclavisetae (Service 2006). 2008). that few additional regulatory benefits Maui Land and Pineapple Co. is aware Drosophila neoclavisetae is benefiting would be derived from including the of the areas where D. neoclavisetae substantially from MLP’s voluntary MLP lands within the area designated as occurs on their property, and is management actions, which include critical habitat for Drosophila implementing conservation actions to reducing ungulate browsing and habitat neoclavisetae beyond those benefit the species (MLP 2008, p. 2). conversion, reducing competition with conservation benefits already being Because of this proactive approach, we nonnative weeds, and reducing the risk achieved through the implementation of believe that any additional educational of wildfire. MLP’s management actions the PKWP Management Plan (2005). benefits resulting from the designation also include the reintroduction of In addition, we conclude that few of critical habitat on these lands would currently extirpated native species into regulatory benefits would be gained be minimal. Although the designation of restored habitats. from a designation of critical habitat on critical habitat may provide benefits to We believe that exclusion of these lands because the consultations the recovery of a species, in this case the approximately 450 ac (182 ha) within conducted under both the jeopardy and MLP is already committed to MLP’s portion of the proposed adverse modification standards for this implementing conservation actions on Drosophila neoclavisetae—Unit 1—Puu species would not be likely to result in their lands under the existing PKWP Kukui will acknowledge this materially different outcomes. The area Management Plan (2005). Accordingly, conservation commitment and facilitate is occupied by the species, and the most any additional benefits to the recovery their continued cooperation and likely Federal nexus would be of this species beyond those already partnership with the Service. Since this management activities funded in part being accrued would be limited. area has been actively managed as a through the Service’s Partners for Fish preserve since 1988, we have a and Wildlife and Private Stewardship Benefits of Exclusion reasonable expectation that the Grants programs. These programs have The continued implementation of the conservation management strategies and historically contributed funds toward PKWP Management Plan will provide actions will continue to be implemented the construction of fences to exclude conservation benefits to Drosophila for the benefit of D. neoclavisetae and feral ungulates from the Preserve. neoclavisetae. Maui Land and Pineapple its habitat in the future. There is a risk Service funds may also be provided for Co. is currently managing D. that designating critical habitat on these new surveys of invasive, nonnative neoclavisetae habitat through the MLP lands could undermine our weeds within the Puu Kukui Watershed control of invasive species and the existing conservation partnership, Preserve. While we acknowledge that implementation of native species remove MLP’s incentive to accept the the legal standards for jeopardy and restoration activities. Implementation of additional time and expense of adverse modification differ, with the the PKWP Management Plan also management planning, strain the latter focused on effects to recovery, in provides a significant conservation positive working relationship we share,

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and hinder future cooperative from the critical habitat designation. Economic Analysis conservation projects with MLP and The continued implementation of MLP’s Section 4(b)(2) of the Act requires us other potential partners. ongoing management programs will to designate critical habitat on the basis The economic analysis also identifies provide comparable or greater net of the best scientific information some incremental economic impacts of conservation benefits than those that available and to consider the economic designating critical habitat in the would result from critical habitat and other relevant impacts of proposed Drosophila neoclavisetae— designation. The significant designating a particular area as critical Unit 1—Puu Kukui. These costs are conservation benefits that would result habitat. Section 4(b)(2) of the Act allows attributed to habitat preservation and from the exclusion of these lands relate the Secretary to exclude areas from watershed management activities. The to MLP’s ongoing and continued actions critical habitat for economic reasons if expected post-designation incremental to control invasive species, protect and the Secretary determines that the cost of watershed management activities restore host plant habitat, and monitor benefits of such exclusions exceed the is $18,150 using a 3 percent discount benefits of designating the area as rate and $14,430 using a 7 percent native species. We, therefore, are discount rate. According to the excluding 450 ac (182 ha) of Maui Land critical habitat. However, this exclusion economic analysis, these costs would be and Pineapple Co.’s lands within the cannot occur if it will result in the borne mostly by the MLP. While these proposed Drosophila neoclavisetae— extinction of the species concerned. Following the publication of the amounts are small, excluding critical Unit 1—Puu Kukui from the critical proposed critical habitat designation, habitat from the MLP lands would habitat designation under section 4(b)(2) remove these costs, and thus is a benefit of the Act. we conducted an economic analysis to estimate the potential economic effects of exclusion. Exclusion Will Not Result in Extinction We believe that excluding this area of the designation. The draft analysis of the Species from critical habitat will help maintain addressed the economic impacts of and improve our partnership designating critical habitat for the 12 We have determined that the Hawaiian picture-wing flies, and was relationship with this landowner by exclusion of MLP’s portion of the acknowledging their positive made available for public review on proposed Drosophila neoclavisetae— August 12, 2008 (73 FR 46860). We contribution to conservation on Maui. Unit 1—Puu Kukui from the final This recognition may provide other accepted comments on the draft analysis designation of critical habitat will not until September 11, 2008. Following the landowners with a positive incentive to result in the extinction of D. undertake voluntary conservation close of the comment period, a final neoclavisetae. Maui Land and Pineapple activities on their lands, particularly analysis of the potential economic Co.’s management programs provide where there is no regulatory effects of the designation was developed requirement to implement such actions. tangible conservation benefits that taking into consideration the public We also note a small economic benefit reduce the likelihood of extinction for comments and any new information. to excluding this area from critical D. neoclavisetae and increase the The primary purpose of the economic habitat. species’ recovery potential. Further, we analysis is to estimate the potential are unaware of any threats in the PKWP economic impacts associated with the Benefits of Exclusion Outweigh the associated with Federal actions that designation of critical habitat for the 12 Benefits of Inclusion would require section 7 consultation. As species of Hawaiian picture-wing flies We believe the proactive management such, extinction of the species as a (Drosophila aglaia, D. differens, D. of Drosophila neoclavisetae habitat consequence of not designating critical hemipeza, D. heteroneura, D. provided under MLP’s PKWP habitat is unlikely. In addition, since montgomeryi, D. mulli, D. musaphilia, Management Plan (2005) provides this area is occupied by D. D. neoclavisetae, D. obatai, D. significant benefits to this species. Also, neoclavisetae, consultations under ochrobasis, D. substenoptera, and D. excluding this area from critical habitat section 7 of the Act would be required, tarphytrichia). This information is will help maintain and improve our and any Federal actions that may affect intended to assist the Secretary in partnership relationship with this the species would be evaluated under making decisions about whether the landowner. Furthermore, excluding this the jeopardy standard of section 7 of the benefits of excluding particular areas area from critical habitat will have a Act. This evaluation provides from the designation outweigh the small economic benefit. In contrast, the assurances that the species would not benefits of including those areas in the benefits of including MLP’s land as become extinct as a result of those designation. This economic analysis critical habitat would likely be minor. actions. addressed the distribution of any This determination is based on the fact potential impacts of the designation, that: (1) There have been no section 7 With regard to other protections, including an assessment of the potential consultations in the area since D. section 195D–4 of Hawaii Revised effects on small entities. This neoclavisetae was listed in 2006; (2) we Statutes (endangered species and information can be used by the anticipate few future consultations in threatened species) stipulates that Secretary to assess whether the effects of the PKWP management area; (3) any species determined to be endangered or the designation might unduly burden a future Federal actions would be subject threatened under the Federal Act shall particular group or economic sector. to section 7 consultation since the area be deemed endangered or threatened This analysis focused on the direct is occupied; and (4) future Federal under the State law. It is unlawful under and indirect costs of the rule. However, actions in this area are expected to be the State law, with some exceptions, to economic impacts to land use activities beneficial to the species. ‘‘take’’ such species, or to possess, sell, can exist in the absence of critical In conclusion, although there may be carry or transport them. The statutory habitat. These impacts may result from, some limited regulatory, educational, or protections for this species under State for example, local zoning laws, State recovery benefits that would arise from law provide additional assurances that and natural resource laws, and the inclusion of the MLP lands as exclusion of this area from critical enforceable management plans or best critical habitat, they are outweighed by habitat will not result in extinction of management practices applied by State the benefits of excluding these lands Drosophila neoclavisetae. and other Federal agencies. Economic

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impacts that result from these types of have been or will be borne by Federal $682,000 and $529,000, respectively, for protections are considered to be part of and State agencies. A portion of the the 3 and 7 percent discount rates based the regulatory and policy baseline. The preservation and watershed on the FEA (USFWS 2008, ES–4). economic impacts that were evaluated management costs has been borne by a Only the incremental costs of were divided into two periods: (1) Pre- few private landowners. designating critical habitat, over and designation, covering the time period The annualized post-designation above the costs associated with species from the date the picture-wing flies baseline costs during the period 2009 to protection under the Act more were listed (May 9, 2006; 71 FR 26835) 2028 for preservation and water generally, are considered in determining to the date the final critical habitat management activities are estimated to whether areas should be excluded under designation was expected to occur range from $348,845 using a 3 percent section 4(b)(2). Therefore, the (about year-end 2008), and (2) post- discount rate to $379,753 using a 7 methodology for distinguishing these designation, covering the 20-year period percent discount rate. Because these two categories of costs is important. following the designation (from about costs are projected to occur whether This is particularly true in the current 2009 through 2028). critical habitat is designated or not, they case, because approximately 90 percent The economic analysis considers the are not considered in the Service’s of the total costs of species conservation potential economic effects of all actions determination of whether the benefits of over the next 20 years are projected to relating to the conservation of the 12 including an area as critical habitat be baseline costs, and 10 percent are picture-wing flies, including costs outweigh the benefits of excluding the projected to be incremental costs associated with sections 4, 7, and 10 of area. All or nearly all of the post- attributable to critical habitat the Act, as well as those attributable to designation baseline costs would be designation. designating critical habitat. It further borne by Federal and State agencies, In the absence of critical habitat, considers the economic effects of although a portion of the preservation Federal agencies must ensure that any protective measures taken as a result of and watershed management costs would actions they authorize, fund, or carry other Federal, State, and local laws that be borne by a few private landowners. out are not likely to jeopardize the assist in habitat conservation for the 12 The combined post-designation baseline continued existence of any endangered picture-wing flies in those areas that cost for these conservation activities is species or threatened species. Costs contain the physical and biological estimated by the final economic analysis associated with such actions are features essential to their conservation. (FEA) to be $5,345,730 at a 3 percent considered baseline costs. Once an area In the case of habitat conservation, discount rate, and $4,305,470 at a 7 is designated as critical habitat, economic effects generally reflect costs percent discount rate. proposed actions that have a Federal associated with committing resources to The economic analysis estimates that nexus also require consultation and comply with habitat protection the annualized post-designation potential revision to ensure that the measures (such as lost economic incremental costs for the activities action does not result in the destruction opportunities associated with described below during the period 2009 or adverse modification of designated restrictions on land use). to 2028 may range from $44,733 using critical habitat. Costs associated with The analysis quantifies the economic a 3 percent discount rate to $46,916 these actions are considered impacts of picture-wing fly critical using a 7 percent discount rate. The incremental costs. The economic habitat designation associated primarily activity having the highest incremental analysis explains that incremental with the following activities: (1) cost ranking is preservation and section 7 consultation that takes place Preservation and watershed watershed management, with an as a result of critical habitat designation management in all but the Pit Crater annualized value of approximately may fall into one of three categories: (1) unit on the Big Island; (2) game $23,969 using a 3 percent discount rate Additional effort to address adverse management and public recreational to $25,568 using a 7 percent discount modification in a consultation that also hunting in most of the units where land rate. The second highest cost reflects a involves jeopardy; (2) re-initiation of a is owned by the State; (3) potential possible opportunity loss of harvesting previously concluded consultation to future development of approximately 3 trees in Drosophila mulli—Unit 2— address adverse modification; and (3) acres (1.2 hectares) within the Pit Crater Stainback Forest and Drosophila mulli— new consultation resulting entirely from unit on the Big Island; (4) harvesting of Unit 3—Waiakea Forest, resulting in an critical habitat designation (i.e., where a commercial timber from portions of the annualized value of approximately proposed action may affect unoccupied Stainback Forest and Waiakea Forest $12,693 using a 3 percent discount rate critical habitat). The economic analysis units; and (5) section 7 consultation to $12,176 using a 7 percent discount estimates that there would be three administrative costs. rate. project-level informal consultations The total pre-designation baseline There may also be post-designation related to Federal grants that would costs during the period from 2006 to incremental costs of $68,590 using a 3 need to be reinitiated in 2009 to address 2008 in the area proposed for critical percent discount rate to $56,000 using a picture-wing fly critical habitat. There habitat designation are estimated to 7 percent discount rate from 2009–2028, would also be one programmatic range from $750,130 using a 3 percent related to future section 7 consultations consultation that would need to be discount rate to $808,100 using a 7 for preservation and watershed reinitiated in 2009 related to the Hawai’i percent discount rate. Because these management activities. All or nearly all Volcano National Park management costs are projected to occur whether of the post-designation incremental plan, and subsequent programmatic critical habitat is designated or not, they costs would be borne by Federal and consultations every 5 years. The are not considered in the Service’s State agencies, although a portion of the economic analysis indicates that since determination of whether the benefits of preservation and watershed these consultations would be for including an area as critical habitat management costs would be borne by a preservation and watershed outweigh the benefits of excluding the few private landowners. The combined management activities, no or only area. These costs are related to total present values of estimated post- minimal project modifications would be preservation and watershed designation incremental impacts from anticipated. management activities, and all or nearly 2009 through 2028 for all activities The final economic analysis is all of the pre-designation baseline costs considered in the analysis are about available on the Internet at http://

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www.regulations.gov and http:// The SBREFA amended RFA to require kinds of activities are unlikely to have www.fws.gov/ or upon request from the Federal agencies to provide a statement any Federal involvement and so will not Pacific Islands Fish and Wildlife Office of the factual basis for certifying that the be affected by critical habitat (see ADDRESSES). rule will not have a significant designation. In areas where the species economic impact on a substantial is present, Federal agencies already are Required Determinations number of small entities. The SBREFA required to consult with us under In our November 28, 2007, proposed also amended the RFA to require a section 7 of the Act on activities they rule (72 FR 67428), we indicated that we certification statement. fund, permit, or implement that may would defer our determination of Small entities include small affect the 12 picture-wing flies. Federal compliance with several statutes and organizations, such as independent agencies also must consult with us if Executive Orders until the information nonprofit organizations; small their activities may affect critical concerning potential economic impacts governmental jurisdictions, including habitat. Designation of critical habitat, of the designation and potential effects school boards and city and town therefore, could result in an additional on landowners and stakeholders was governments that serve fewer than economic impact on small entities due available in the draft economic analysis. 50,000 residents; and small businesses to the requirement to reinitiate In this final rule, we affirm the (13 CFR 121.201). Small businesses consultation for ongoing Federal information contained in the proposed include manufacturing and mining activities. rule concerning Executive Order (E.O.) concerns with fewer than 500 In the final economic analysis of the 13132, E.O. 12988, the Paperwork employees, wholesale trade entities proposed critical habitat designation, Reduction Act, and the President’s with fewer than 100 employees, retail we evaluated the potential economic memorandum of April 29, 1994, and service businesses with less than $5 effects on small business entities ‘‘Government-to-Government Relations million in annual sales, general and resulting from conservation actions with Native American Tribal heavy construction businesses with less related to the listing of the 12 picture- Governments’’ (59 FR 22951). than $27.5 million in annual business, wing flies and proposed designation of special trade contractors doing less than their critical habitat. This analysis Regulatory Planning and Review $11.5 million in annual business, and estimated prospective economic impacts The Office of Management and Budget agricultural businesses with annual due to the implementation of the 12 (OMB) has determined that this rule is sales less than $750,000. To determine picture-wing flies’ conservation efforts not significant and has not reviewed if potential economic impacts to these for the following activities: (a) this rule under Executive Order 12866 small entities are significant, we Preservation and watershed (E.O. 12866). OMB bases its consider the types of activities that management in all but the Pit Crater determination upon the following four might trigger regulatory impacts under unit on the Big Island; (b) game criteria: this designation, as well as types of management and public recreational (a) Whether the rule will have an project modifications that may result. In hunting in most of the units where land annual effect of $100 million or more on general, the term ‘‘significant economic is owned by the State; (c) potential for the economy or adversely affect an impact’’ is meant to apply to a typical future development on about 3 acres economic sector, productivity, jobs, the small business firm’s business (1.2 hectares) of the Pit Crater unit on environment, or other units of the operations. the Big Island; (d) harvesting of government. To determine if the rule could commercial timber from portions of (b) Whether the rule will create significantly affect a substantial number Drosophila mulli—Unit 2—Stainback inconsistencies with other Federal of small entities, we consider the Forest and Drosophila mulli—Unit 3— agencies’ actions. number of small entities affected within Waiakea Forest; and (e) section 7 (c) Whether the rule will materially particular types of economic activities consultation administrative costs. affect entitlements, grants, user fees, (e.g., residential and commercial Our economic analysis indicates that loan programs, or the rights and development and agriculture). We apply all or nearly all of the post-designation obligations of their recipients. the ‘‘substantial number’’ test incremental costs would be borne by (d) Whether the rule raises novel legal individually to each industry to Federal and State agencies, which are or policy issues. determine if certification is appropriate. not small entities. In addition, according However, the SBREFA does not to our economic analysis, the following Regulatory Flexibility Act (5 U.S.C. 601 explicitly define ‘‘substantial number’’ agencies, organizations, and private et seq.) or ‘‘significant economic impact.’’ companies that may be impacted by the Under the Regulatory Flexibility Act Consequently, to assess whether a designation of critical habitat are not (RFA) (5 U.S.C. 601 et seq., as amended ‘‘substantial number’’ of small entities is considered to be small entities: City and by the Small Business Regulatory affected by this designation, this County of Honolulu, Kamehameha Enforcement Fairness Act (SBREFA) 5 analysis considers the relative number Schools, The Nature Conservancy, U.S.C. 802(2)), whenever an agency of small entities likely to be impacted in Queen Emma Foundation, James must publish a notice of rulemaking for an area. In some circumstances, Campbell Co. LLC, MLP, and Molokai any proposed or final rule, it must especially with critical habitat Ranch. Accordingly, we are certifying prepare and make available for public designations of limited extent, we may that this final designation of critical comment a regulatory flexibility aggregate across all industries and habitat for the 12 Hawaiian picture-wing analysis that describes the effect of the consider whether the total number of fly species will not have a significant rule on small entities (i.e., small small entities affected is substantial. In economic impact on a substantial businesses, small organizations, and estimating the number of small entities number of small entities. A regulatory small government jurisdictions). potentially affected, we also consider flexibility analysis is not required. However, no regulatory flexibility whether their activities have any analysis is required if the head of an Federal involvement. Energy Supply, Distribution, or Use agency certifies the rule will not have a Designation of critical habitat affects On May 18, 2001, the President issued significant economic impact on a only activities conducted, funded, or E.O. 13211 on regulations that substantial number of small entities. permitted by Federal agencies. Some significantly affect energy supply,

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distribution, or use. E.O. 13211 requires mandate’’ includes a regulation that In keeping with Department of Interior agencies to prepare Statements of ‘‘would impose an enforceable duty and Department of Commerce policy, Energy Effects when undertaking certain upon the private sector, except (i) a we requested information from, and actions. OMB has provided guidance for condition of Federal assistance; or (ii) a coordinated development of, this final implementing this E.O. that outlines duty arising from participation in a critical habitat designation with nine outcomes that may constitute ‘‘a voluntary Federal program.’’ appropriate State resource agencies in significant adverse effect’’ when The designation of critical habitat Hawaii. The designation of critical compared without the regulatory action does not impose a legally binding duty habitat in areas currently occupied by under consideration. The economic on non-Federal government entities or the 12 picture-wing flies is not likely to analysis finds that none of these criteria private parties. Under the Act, the only impose any additional restrictions to are relevant to this analysis. Thus, based regulatory effect is that Federal agencies those currently in place and, therefore, on information in the economic must ensure that their actions do not has little incremental impact on State analysis, energy-related impacts destroy or adversely modify critical and local governments and their associated with the 12 picture-wing habitat under section 7. While non- activities. The designation may have flies’ conservation activities within Federal entities that receive Federal some benefit to these governments critical habitat are not expected. As funding, assistance, permits, or because the areas that contain the such, the designation of critical habitat otherwise require approval or physical and biological features is not expected to significantly affect authorization from a Federal agency for essential to the conservation of the energy supplies, distribution, or use. an action, may be indirectly impacted species are more clearly defined, and Therefore, this action is not a significant by the designation of critical habitat. the PCEs of the habitat necessary to the energy action, and no Statement of However, the legally binding duty to conservation of the species are Energy Effects is required. avoid destruction or adverse specifically identified. This information modification of critical habitat rests does not alter where and what federally Unfunded Mandates Reform Act (2 squarely on the Federal agency. sponsored activities may occur. U.S.C. 1501 et seq.) Furthermore, to the extent that non- However, it may assist local In accordance with the Unfunded Federal entities are indirectly impacted governments in long-range planning Mandates Reform Act (2 U.S.C. 1501 et because they receive Federal assistance (rather than having them wait for case- seq.), we make the following findings: or participate in a voluntary Federal aid by-case section 7 consultations to (a) This rule will not produce a program, the Unfunded Mandates occur). Federal mandate. In general, a Federal Reform Act would not apply; nor would mandate is a provision in legislation, critical habitat shift the costs of the large Civil Justice Reform statute, or regulation that would impose entitlement programs listed above onto In accordance with E.O. 12988 (Civil an enforceable duty upon State, local, State governments. Justice Reform), the Office of the Tribal governments, or the private sector (b) We do not believe that this rule Solicitor has determined that the rule and includes both ‘‘Federal will significantly or uniquely affect does not unduly burden the judicial intergovernmental mandates’’ and small governments because it will not system and that it meets the ‘‘Federal private sector mandates.’’ produce a Federal mandate of $100 requirements of sections 3(a) and 3(b)(2) These terms are defined in 2 U.S.C. million or greater in any year; that is, it of the Order. We are designating critical 658(5)–(7). ‘‘Federal intergovernmental is not a ‘‘significant regulatory action’’ habitat in accordance with the mandate’’ includes a regulation that under the Unfunded Mandates Reform provisions of the ESA. This final rule ‘‘would impose an enforceable duty Act. The designation of critical habitat uses standard property descriptions and upon State, local, or tribal governments’’ imposes no obligations on State or local identifies the physical and biological with two exceptions. It excludes ‘‘a governments. As such, a Small features essential to the conservation of condition of federal assistance.’’ It also Government Agency Plan is not the species within the designated areas excludes ‘‘a duty arising from required. Based on the consultation to assist the public in understanding the participation in a voluntary Federal history and the economic analysis on habitat needs of the 12 picture-wing program,’’ unless the regulation ‘‘relates this critical habitat designation, we do flies. to a then-existing Federal program not foresee any significant impact to Paperwork Reduction Act of 1995 under which $500,000,000 or more is small governments. provided annually to State, local, and This rule does not contain any new tribal governments under entitlement Executive Order 12630—Takings collections of information that require authority,’’ if the provision would In accordance with E.O. 12630 approval by OMB under the Paperwork ‘‘increase the stringency of conditions of (‘‘Government Actions and Interference Reduction Act of 1995 (44 U.S.C. 3501 assistance’’ or ‘‘place caps upon, or with Constitutionally Protected Private et seq.). This rule will not impose otherwise decrease, the Federal Property Rights’’), we have analyzed the recordkeeping or reporting requirements Government’s responsibility to provide potential takings implications of critical on State or local governments, funding’’ and the State, local, or Tribal habitat for the 12 picture-wing flies. The individuals, businesses, or governments ‘‘lack authority’’ to adjust takings implications assessment organizations. An agency may not accordingly. At the time of enactment, concludes that this designation of conduct or sponsor, and a person is not these entitlement programs were: critical habitat for the 12 picture-wing required to respond to, a collection of Medicaid; Aid to Families with flies does not pose significant takings information unless it displays a Dependent Children work programs; implications for lands within or affected currently valid OMB control number. Child Nutrition; Food Stamps; Social by the designation. Services Block Grants; Vocational National Environmental Policy Act Rehabilitation State Grants; Foster Care, Federalism (NEPA) (42 U.S.C. 4321 et seq.) Adoption Assistance, and Independent In accordance with E.O. 13132 It is our position that, outside the Living; Family Support Welfare (Federalism), this final rule does not Jurisdiction of the Tenth Federal Services; and Child Support have significant Federalism effects. A Circuit, we do not need to prepare Enforcement. ‘‘Federal private sector Federalism assessment is not required. environmental analyses as defined by

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NEPA in connection with designating We have determined that there are no PART 17—[AMENDED] critical habitat under the Act. We tribal lands occupied at the time of published a notice outlining our reasons listing containing the features essential ■ 1. The authority citation for part 17 for this determination in the Federal for the conservation and no tribal lands continues to read as follows: Register on October 25, 1983 (48 FR that are unoccupied areas that are Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 49244). This assertion was upheld by essential for the conservation of the 12 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– the Ninth Circuit (Douglas County v. picture-wing flies. Therefore, 625, 100 Stat. 3500; unless otherwise noted. Babbitt, 48 F.3d 1495 (9th Cir. Ore. designation of critical habitat for the 12 1995), cert. denied 516 U.S.1042 picture-wing flies has not been ■ 2. In § 17.11(h), revise the entries for (1996)). designated on Tribal lands. ‘‘Fly, Hawaiian picture-wing’’ Government-to-Government References Cited (Drosophila aglaia), ‘‘Fly, Hawaiian Relationship With Tribes picture-wing’’ (Drosophila differens), A complete list of all references cited ‘‘Fly, Hawaiian picture-wing’’ In accordance with the President’s in this rulemaking is available upon (Drosophila hemipeza), ‘‘Fly, Hawaiian memorandum of April 29, 1994, request from the Field Supervisor, picture-wing’’ (Drosophila heteroneura), ‘‘Government-to-Government Relations Pacific Islands Fish and Wildlife Office ‘‘Fly, Hawaiian picture-wing’’ with Native American Tribal (see ADDRESSES), or on the Internet at (Drosophila montgomeryi), ‘‘Fly, Governments’’ (59 FR 22951), Executive http://www.regulations.gov and at Hawaiian picture-wing’’ (Drosophila Order 13175, and the Department of http://www.fws.gov/pacificislands. Interior’s manual at 512 DM 2, we mulli), ‘‘Fly, Hawaiian picture-wing’’ readily acknowledge our responsibility Author(s) (Drosophila musaphilia), ‘‘Fly, to communicate meaningfully with The primary authors of this notice are Hawaiian picture-wing’’ (Drosophila recognized Federal Tribes on a staff members of the Pacific Islands Fish neoclavisetae), ‘‘Fly, Hawaiian picture- government-to-government basis. In and Wildlife Office (see ADDRESSES). wing’’ (Drosophila obatai), ‘‘Fly, accordance with Secretarial Order 3206 Hawaiian picture-wing’’ (Drosophila of June 5, 1997, ‘‘American Indian List of Subjects in 50 CFR Part 17 ochrobasis), ‘‘Fly, Hawaiian picture- Tribal Rights, Federal-Tribal Trust Endangered and threatened species, wing’’ (Drosophila substenoptera), and Responsibilities, and the Endangered Exports, Imports, Reporting and ‘‘Fly, Hawaiian picture-wing’’ Species Act,’’ we readily acknowledge recordkeeping requirements, (Drosophila tarphytrichia), under our responsibilities to work directly Transportation. INSECTS in the List of Endangered and with tribes in developing programs for Threatened Wildlife, to read as follows: Regulation Promulgation healthy ecosystems, to acknowledge that ■ § 17.11 Endangered and threatened tribal lands are not subject to the same Accordingly, we amend part 17, wildlife. controls as Federal public lands, to subchapter B of chapter I, title 50 of the remain sensitive to Indian culture, and Code of Federal Regulations, as set forth * * * * * to make information available to tribes. below: (h) * * *

Species Vertebrate population Historic range where en- Status When listed Critical Special Common name Scientific name dangered or habitat rules threatened

******* INSECTS ******* Fly, Hawaiian picture- Drosophila aglaia ...... U.S.A. (HI) ...... NA E 756 17.95(i) NA wing. Fly, Hawaiian picture- Drosophila differens .. U.S.A. (HI) ...... NA E 756 17.95(i) NA wing. Fly, Hawaiian picture- Drosophila hemipeza U.S.A. (HI) ...... NA E 756 17.95(i) NA wing. Fly, Hawaiian picture- Drosophila U.S.A. (HI) ...... NA E 756 17.95(i) NA wing. heteroneura. Fly, Hawaiian picture- Drosophila U.S.A. (HI) ...... NA E 756 17.95(i) NA wing. montgomeryi. Fly, Hawaiian picture- Drosophila milli ...... U.S.A. (HI) ...... NA T 756 17.95(i) NA wing. Fly, Hawaiian picture- Drosophila musaphilia U.S.A. (HI) ...... NA E 756 17.95(i) NA wing. Fly, Hawaiian picture- Drosophila U.S.A. (HI) ...... NA E 756 17.95(i) NA wing. neoclavisetae. Fly, Hawaiian picture- Drosophila obatai ...... U.S.A. (HI) ...... NA E 756 17.95(i) NA wing. Fly, Hawaiian picture- Drosophila U.S.A. (HI) ...... NA E 756 17.95(i) NA wing. ochrobasis. Fly, Hawaiian picture- Drosophila U.S.A. (HI) ...... NA E 756 17.95(i) NA wing. substenoptera. Fly, Hawaiian picture- Drosophila U.S.A. (HI) ...... NA E 756 17.95(i) NA wing. tarphytrichia. *******

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■ 3. In § 17.95, amend paragraph (i) by order in which these species appear in elevations of 1,865–2,985 ft (568–910 adding entries for ‘‘Hawaiian picture- that table at § 17.11(h), to read as m); and wing fly (Drosophila aglaia),’’ follows: (ii) The larval host plant Urera glabra, ‘‘Hawaiian picture-wing fly (Drosophila which exhibits one or more life stages differens),’’ ‘‘Hawaiian picture-wing fly § 17.95 Critical habitat—fish and wildlife. (from seedlings to senescent (Drosophila hemipeza),’’ ‘‘Hawaiian * * * * * individuals). picture-wing fly (Drosophila (i) Insects. (3) Critical habitat does not include heteroneura),’’ ‘‘Hawaiian picture-wing * * * * * manmade structures (such as buildings, fly (Drosophila montgomeryi),’’ aqueducts, airports, and roads) and the ‘‘Hawaiian picture-wing fly (Drosophila Hawaiian picture-wing fly (Drosophila land on which they are located existing mulli),’’ ‘‘Hawaiian picture-wing fly aglaia) within the legal boundaries on the (Drosophila musaphilia),’’ ‘‘Hawaiian effective date of this rule. (1) Critical habitat units are depicted picture-wing fly (Drosophila (4) Critical habitat map units. for County of Honolulu, island of Oahu, neoclavisetae),’’ ‘‘Hawaiian picture- Coordinates are in Universal Transverse Hawaii, on the maps below. wing fly (Drosophila obatai),’’ Mercator (UTM) Zone 4 with units in ‘‘Hawaiian picture-wing fly (Drosophila (2) The primary constituent elements meters using North American Datum of ochrobasis),’’ ‘‘Hawaiian picture-wing of critical habitat for Drosophila aglaia 1983 (NAD83). fly (Drosophila substenoptera),’’ and are: (5) Note: Index map of critical habitat ‘‘Hawaiian picture-wing fly (Drosophila (i) Dry to mesic, lowland, Diospyros units for Drosophila aglaia follows: tarphytrichia),’’ in the same alphabetical sp., ohia and koa forest between the BILLING CODE 4310–55–P

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(6) Drosophila aglaia—Unit 1— 2368833; 593703, 2368906; 593764, 2369197; 594472, 2369183; 594391, Palikea, City and County of Honolulu, 2368963; 593832, 2369044; 593901, 2369179; 594354, 2369153; 594302, island of Oahu, Hawaii. 2369145; 594002, 2369262; 594079, 2369072; 594257, 2369015; 594213, (i) Land bounded by the following 2369331; 594104, 2369396; 594120, 2368914; 594136, 2368809; 594083, coordinates: 593529, 2367854; 593448, 2369485; 594124, 2369521; 594148, 2368672; 594035, 2368550; 593966, 2367801; 593302, 2367874; 593242, 2369525; 594213, 2369525; 594310, 2368417; 593966, 2368324; 593909, 2367927; 593193, 2367967; 593165, 2369497; 594395, 2369473; 594399, 2368259; 593792, 2368105; 593675, 2368065; 593217, 2368150; 593314, 2369392; 594396, 2369356; 594417, 2368000. 2368283; 593399, 2368425; 593448, 2369313; 594461, 2369290; 594551, (ii) Note: Map of Drosophila aglaia— 2368578; 593505, 2368716; 593622, 2369278; 594579, 2369250; 594559, Unit 1—Palikea follows:

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(7) Drosophila aglaia—Unit 2—Puu 2370827; 593852, 2370875; 593778, 2371431; 593876, 2371437; 593974, Kaua, City and County of Honolulu, 2370907; 593716, 2370947; 593642, 2371435; 594036, 2371431; 594138, island of Oahu, Hawaii. 2370999; 593602, 2371041; 593574, 2371415; 594190, 2371399; 594232, (i) Land bounded by the following 2371067; 593558, 2371095; 593539, 2371385; 594246, 2371359; 594239, coordinates: 594166, 2370854; 594166, 2371118; 593531, 2371121; 593534, 2371354; 594170, 2370879; 594172, 2370853; 594164, 2370854; 594122, 2371173; 593519, 2371375; 593533, 2370877; 594170, 2370855. 2370843; 594090, 2370815; 594040, 2371375; 593552, 2371390; 593628, (ii) Note: Map of Drosophila aglaia— 2370789; 593996, 2370789; 593930, 2371404; 593716, 2371426; 593794, Unit 2—Puu Kaua follows:

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Hawaiian picture-wing fly (Drosophila 2337298; 718547, 2337236; 718551, 2335742; 717873, 2335764; 717812, differens) 2337182; 718555, 2337138; 718560, 2335793; 717753, 2335829; 717697, (1) Critical habitat is depicted for 2337098; 718571, 2337055; 718586, 2335873; 717643, 2335924; 717591, County of Maui, island of Molokai, 2337010; 718607, 2336962; 718632, 2335977; 717543, 2336020; 717499, Hawaii, on the map below. 2336912; 718662, 2336860; 718698, 2336052; 717458, 2336073; 717420, (2) The primary constituent elements 2336807; 718739, 2336754; 718784, 2336083; 717385, 2336085; 717351, of critical habitat for Drosophila 2336700; 718835, 2336646; 718892, 2336089; 717319, 2336098; 717288, differens are: 2336593; 718958, 2336551; 719034, 2336110; 717258, 2336127; 717230, (i) Wet, montane, ohia forest between 2336520; 719119, 2336502; 719215, 2336148; 717204, 2336180; 717183, the elevations of 3,645–4,495 ft (1,111– 2336497; 719320, 2336503; 719420, 2336223; 717165, 2336280; 717151, 1,370 m); and 2336509; 719506, 2336508; 719579, 2336348; 717140, 2336429; 717130, (ii) The larval host plants Clermontia 2336500; 719639, 2336484; 719685, 2336510; 717118, 2336579; 717103, arborescens ssp. waihiae, C. granidiflora 2336462; 719675, 2336394; 719613, 2336636; 717085, 2336680; 717065, ssp. munroi, C. oblongifolia ssp. 2336327; 718980, 2335781; 718332, 2336713; 717041, 2336739; 717009, brevipes, C. kakeana, and C. pallida, 2335236; 718002, 2334953; 717930, 2336769; 716968, 2336806; 716919, which exhibit one or more life stages 2334932; 717877, 2334988; 717855, 2336847; 716862, 2336894; 716800, (from seedlings to senescent 2335060; 717846, 2335123; 717848, 2336946; 716745, 2337000; 716702, individuals). 2335175; 717862, 2335217; 717888, 2337055; 716669, 2337112; 716647, (3) Critical habitat does not include 2335249; 717921, 2335272; 717946, 2337171; 716635, 2337231; 716632, manmade structures (such as buildings, 2335291; 717961, 2335308; 717965, 2337289; 716634, 2337341; 716644, aqueducts, airports, and roads) and the 2335322; 717958, 2335333; 717942, 2337388; 716660, 2337430; 716683, land on which they are located existing 2335342; 717928, 2335356; 717919, 2337468; 716713, 2337497; 716751, within the legal boundaries on the 2337516; 716797, 2337523; 716850, effective date of this rule. 2335377; 717915, 2335404; 717916, 2335438; 717923, 2335478; 717935, 2337520; 716912, 2337507; 716976, (4) Critical habitat map unit. 2337488; 717031, 2337481; 717077, Coordinates are in Universal Transverse 2335515; 717952, 2335542; 717974, 2335558; 718001, 2335564; 718034, 2337486; 717126, 2337542; 717183, Mercator (UTM) Zone 4 with units in 2337585; 718403, 2337817; 718484, meters using North American Datum of 2335559; 718070, 2335550; 718107, 2335553; 718144, 2335567; 718182, 2337833; 718487, 2337824; 718499, 1983 (NAD83). 2337760; 718510, 2337691; 718519, (5) Drosophila differens—Unit 1—Puu 2335593; 718221, 2335630; 718257, 2337616. Kolekole, Maui County, island of 2335675; 718280, 2335710; 718286, Molokai, Hawaii. 2335733; 718277, 2335745; 718253, (ii) Note: Map of Drosophila (i) Land bounded by the following 2335744; 718213, 2335731; 718166, differens—Unit 1—Puu Kolekole coordinates: 718527, 2337536; 718533, 2335721; 718115, 2335717; 718060, follows: 2337451; 718538, 2337370; 718543, 2335719; 718001, 2335728; 717937, BILLING CODE 4310–55–P

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Hawaiian picture-wing fly (Drosophila (ii) The larval host plants Cyanea aqueducts, airports, and roads) and the hemipeza) angustifolia, C. calycina, C. grimesiana land on which they are located existing (1) Critical habitat units are depicted ssp. grimesiana, C. grimesiana ssp. within the legal boundaries on the for County of Honolulu, island of Oahu, obatae, C. membranacea, C. pinnatifida, effective date of this rule. Hawaii, on the maps below. C. superba ssp. superba, Lobelia (4) Critical habitat map units. (2) The primary constituent elements hypoleuca, L. niihauensis, L. yuccoides, Coordinates are in Universal Transverse of critical habitat for Drosophila and Urera kaalae, which exhibit one or Mercator (UTM) Zone 4 with units in hemipeza are: more life stages (from seedlings to meters using North American Datum of (i) Dry to mesic, lowland, ohia and senescent individuals). 1983 (NAD83). koa forest between the elevations of (3) Critical habitat does not include (5) Note: Index map of critical habitat 1,720–3,005 ft (524–916 m); and manmade structures (such as buildings, units for Drosophila hemipeza follows:

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(6) Drosophila hemipeza—Unit 1— 2373519; 594649, 2373523; 594699, 2372354; 593948, 2372388; 593889, Kaluaa Gulch, City and County of 2373475; 594728, 2373476; 594762, 2372397; 593812, 2372413; 593781, Honolulu, island of Oahu, Hawaii. 2373532; 594791, 2373529; 594828, 2372425; 593756, 2372442; 593742, (i) Land bounded by the following 2373501; 594852, 2373465; 594903, 2372467; 593742, 2372490; 593736, coordinates: 593240, 2374436; 593231, 2373501; 594933, 2373500; 594952, 2372521; 593736, 2372560; 593757, 2374371; 593281, 2374410; 593315, 2373489; 594974, 2373334; 594800, 2372587; 593790, 2372662; 593663, 2374385; 593612, 2374173; 593656, 2373150; 594718, 2373120; 594718, 2372772; 593543, 2372859; 593558, 2374138; 593621, 2374096; 593641, 2373102; 594744, 2373091; 594710, 2372894; 593555, 2372910; 593526, 2374077; 593676, 2374072; 593703, 2372721; 594720, 2372686; 594716, 2372928; 593476, 2372912; 593422, 2374057; 593734, 2374039; 593758, 2372633; 594678, 2372623; 594566, 2372953; 593420, 2372976; 593403, 2374058; 593793, 2374029; 593779, 2372651; 594536, 2372666; 594506, 2372997; 593400, 2373025; 593373, 2373964; 593731, 2373894; 593660, 2372663; 594467, 2372672; 594395, 2373016; 593352, 2373044; 593328, 2373784; 593609, 2373702; 593592, 2372663; 594406, 2372650; 594546, 2373025; 593215, 2373118; 593230, 2373648; 593592, 2373594; 593598, 2372567; 594558, 2372553; 594551, 2373171; 593214, 2373176; 593163, 2373553; 593657, 2373561; 593770, 2372535; 594389, 2372452; 594395, 2373154; 593095, 2373213; 593091, 2373549; 593792, 2373496; 593797, 2372434; 594415, 2372428; 594511, 2373238; 593064, 2373243; 593019, 2373417; 593842, 2373411; 593842, 2372449; 594603, 2372437; 594614, 2373295; 592937, 2373388; 592889, 2373326; 593905, 2373404; 594053, 2372421; 594607, 2372385; 594593, 2373462; 592897, 2373535; 592908, 2373383; 594103, 2373292; 594134, 2372353; 594591, 2372317; 594618, 2373597; 592923, 2373668; 592914, 2373228; 594156, 2373250; 594194, 2372322; 594661, 2372357; 594700, 2373772; 592889, 2373866; 592868, 2373256; 594178, 2373323; 594196, 2372384; 594696, 2372334; 594697, 2373941; 592867, 2373950; 592894, 2373386; 594229, 2373390; 594312, 2372333; 594697, 2372283; 594652, 2374029; 592908, 2374120; 592894, 2373340; 594341, 2373350; 594339, 2372257; 594541, 2372266; 594454, 2374162; 592860, 2374213; 592854, 2373421; 594383, 2373487; 594381, 2372294; 594400, 2372294; 594293, 2374216; 593151, 2374494. 2373513; 594460, 2373552; 594496, 2372267; 594231, 2372261; 594168, (ii) Note: Map of Drosophila 2373553; 594497, 2373518; 594526, 2372241; 594126, 2372258; 594075, hemipeza—Unit 1—Kaluaa Gulch 2373509; 594572, 2373460; 594632, 2372267; 594030, 2372303; 593999, follows:

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(7) Drosophila hemipeza—Unit 2— 2377931; 587243, 2377919; 587090, 2377923; 586120, 2377869; 586194, Makaha Valley, City and County of 2377906; 586794, 2377943; 586696, 2377824; 586317, 2377828; 586383, Honolulu, island of Oahu, Hawaii. 2377943; 586597, 2377869; 586507, 2377878; 586391, 2377956; 586420, (i) Land bounded by the following 2377767; 586449, 2377684; 586449, 2378034; 586461, 2378116; 586482, coordinates: 586712, 2378108; 586877, 2377458; 586408, 2377397; 586305, 2378174; 586552, 2378190; 586630, 2378091; 587049, 2378091; 587173, 2377368; 586206, 2377405; 586054, 2378149; 586655, 2378128. 2378087; 587333, 2378079; 587506, 2377643; 585968, 2377726; 585869, 2378079; 587592, 2378075; 587641, 2377775; 585803, 2377849; 585803, (ii) Note: Map of Drosophila 2378046; 587641, 2378038; 587666, 2377915; 585869, 2377952; 585894, hemipeza—Unit 2—Makaha Valley 2377980; 587543, 2377935; 587399, 2377956; 585956, 2377952; 586050, follows:

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(8) Drosophila hemipeza—Unit 3— 2368833; 593703, 2368906; 593764, 2369197; 594472, 2369183; 594391, Palikea, City and County of Honolulu, 2368963; 593832, 2369044; 593901, 2369179; 594354, 2369153; 594302, island of Oahu, Hawaii. 2369145; 594002, 2369262; 594079, 2369072; 594257, 2369015; 594213, (i) Land bounded by the following 2369331; 594104, 2369396; 594120, 2368914; 594136, 2368809; 594083, coordinates: 593529, 2367854; 593448, 2369485; 594124, 2369521; 594148, 2368672; 594035, 2368550; 593966, 2367801; 593302, 2367874; 593242, 2369525; 594213, 2369525; 594310, 2368417; 593966, 2368324; 593909, 2367927; 593193, 2367967; 593165, 2369497; 594395, 2369473; 594399, 2368259; 593792, 2368105; 593675, 2368065; 593217, 2368150; 593314, 2369392; 594396, 2369356; 594417, 2368000. 2368283; 593399, 2368425; 593448, 2369313; 594461, 2369290; 594551, (ii) Note: Map of Drosophila 2368578; 593505, 2368716; 593622, 2369278; 594579, 2369250; 594559, hemipeza—Unit 3—Palikea follows:

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(9) Drosophila hemipeza—Unit 4— 2370827; 593852, 2370875; 593778, 2371431; 593876, 2371437; 593974, Puu Kaua, City and County of Honolulu, 2370907; 593716, 2370947; 593642, 2371435; 594036, 2371431; 594138, island of Oahu, Hawaii. 2370999; 593602, 2371041; 593574, 2371415; 594190, 2371399; 594232, (i) Land bounded by the following 2371067; 593558, 2371095; 593539, 2371385; 594246, 2371359; 594239, coordinates: 594166, 2370854; 594166, 2371118; 593531, 2371121; 593534, 2371354; 594170, 2370879; 594172, 2370853; 594164, 2370854; 594122, 2371173; 593519, 2371375; 593533, 2370877; 594170, 2370855. 2370843; 594090, 2370815; 594040, 2371375; 593552, 2371390; 593628, (ii) Note: Map of Drosophila 2370789; 593996, 2370789; 593930, 2371404; 593716, 2371426; 593794, hemipeza—Unit 4—Puu Kaua follows:

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Hawaiian picture-wing fly (Drosophila (ii) The larval host plants aqueducts, airports, and roads) and the heteroneura) Cheirodendron trigynum ssp. trigynum, land on which they are located existing Clermontia clermontioides, C. within the legal boundaries on the (1) Critical habitat units are depicted clermontioides ssp. rockiana, C. effective date of this rule. for County of Hawaii, island of Hawaii, hawaiiensis, C. kohalae, C. lindseyana, (4) Critical habitat map units. Hawaii, on the maps below. C. montis-loa, C. parviflora, C. peleana, Coordinates are in Universal Transverse (2) The primary constituent elements C. pyrularia, and Delissea parviflora, Mercator (UTM) Zone 4 with units in of critical habitat for Drosophila which exhibit one or more life stages meters using North American Datum of heteroneura are: (from seedlings to senescent 1983 (NAD83). (i) Mesic to wet, montane, ohia and individuals). (5) Note: Index map of critical habitat koa forest between the elevations of (3) Critical habitat does not include units for Drosophila heteroneura 2,908–5,755 ft (908–1,754 m); and manmade structures (such as buildings, follows:

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(6) Drosophila heteroneura—Unit 1— 2130401; 858810, 2130412; 858577, (ii) Note: Map of Drosophila Kau Forest, Hawaii County, island of 2130667; 858596, 2130918; 858800, heteroneura—Unit 1—Kau Forest Hawaii, Hawaii. 2131167; 858976, 2131240; 859117, follows: (i) Land bounded by the following 2131196; 859416, 2130970. coordinates: 859357, 2130685; 859117,

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(7) Drosophila heteroneura—Unit 2— 2145029; 831718, 2145184; 831669, 2146953; 831515, 2147156; 831442, Kona Refuge, Hawaii County, island of 2145289; 831669, 2145387; 831694, 2147391; 31438, 2147486; 837419, Hawaii, Hawaii. 2145557; 31685, 2145727; 831685, 2147183. (i) Land bounded by the following 2145882; 831677, 2146020; 831710, (ii) Note: Map of Drosophila coordinates: 836880, 2145492; 836927, 2146149; 831767, 2146247; 31685, heteroneura—Unit 2—Kona Refuge 2144316; 836473, 2144373; 835378, 2146482; 831572, 2146766; 831572, 2144516; 831663, 2144980; 31685, follows:

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(8) Drosophila heteroneura—Unit 3— 2117726; 849114, 2118058; 848962, 2121319; 849350, 2121233; 849475, Lower Kahuku, Hawaii County, island 2118723; 848953, 2119065; 848845, 2120505; 49474, 2120484; 849447, of Hawaii, Hawaii. 2119720; 48728, 2120187; 848701, 2120250; 849528, 2120044. (i) Land bounded by the following 2120646; 848638, 2120870; 848620, (ii) Note: Map of Drosophila coordinates: 849578, 2119874; 849925, 2121095; 848692, 2121194; 48782, heteroneura—Unit 3—Lower Kahuku 2117860; 849842, 2117726; 849716, 2121292; 849007, 2121310; 849177, 2117636; 849492, 2117618; 49240, follows:

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(9) Drosophila heteroneura—Unit 4— 2184193; 820626, 2184233; 820610, 2184360; 821232, 2184396; 821276, Pit Crater, Hawaii County, island of 2184289; 820657, 2184318; 820673, 2184404; 821341, 2184400; 821369, Hawaii, Hawaii. 2184316; 820707, 2184310; 820723, 2184431; 821363, 2184463; 821333, (i) Land bounded by the following 2184306; 820747, 2184293; 820790, 2184499; 821345, 2184528; 821426, coordinates: 821660, 2184453; 821670, 2184269; 820818, 2184247; 820832, 2184550; 821531, 2184554; 821619, 2184348; 821617, 2184279; 821490, 2184215; 820861, 2184180; 820905, 2184513. 2184191; 821428, 2184164; 821304, 2184168; 820929, 2184191; 820939, 2184150; 821131, 2184187; 821052, 2184221; 820974, 2184255; 821024, (ii) Note: Map of Drosophila 2184187; 821012, 2184150; 820889, 2184261; 821109, 2184261; 821206, heteroneura—Unit 4—Pit Crater 2184086; 820850, 2184076; 820824, 2184261; 821264, 2184269; 821282, follows: 2184102; 820778, 2184164; 820705, 2184285; 821292, 2184322; 821254,

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(10) Drosophila heteroneura—Unit 2138463; 868564, 2138464; 868434, 2139055; 869238, 2139018; 869248, 5—Waihaka Gulch, Hawaii County, 2138482; 868325, 2138598; 868350, 2138892. island of Hawaii, Hawaii. 2138841; 868378, 2138886; 868503, (ii) Note: Map of Drosophila (i) Land bounded by the following 2139088; 868720, 2139220; 868946, heteroneura—Unit 5—Waihaka Gulch coordinates: 868924, 2138585; 868686, 2139193; 869076, 2139167; 869160, follows:

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Hawaiian picture-wing fly (Drosophila (i) Mesic, lowland, diverse ohia and within the legal boundaries on the montgomeryi) koa forest between the elevations of effective date of this rule. 1,720–2,985 ft (524–910 m); and (4) Critical habitat map units. (1) Critical habitat units are depicted (ii) The larval host plant Urera kaalae, Coordinates are in Universal Transverse for County of Honolulu, Oahu, Hawaii, which exhibits one or more life stages Mercator (UTM) Zone 4 with units in on the maps below. (from seedlings to senescent meters using North American Datum of individuals). (2) The primary constituent elements 1983 (NAD83). of critical habitat for Drosophila (3) Critical habitat does not include manmade structures (such as buildings, (5) Note: Index map of critical habitat montgomeryi are: aqueducts, airports, and roads) and the units for Drosophila montgomeryi land on which they are located existing follows:

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(6) Drosophila montgomeryi—Unit 2373519; 594649, 2373523; 594699, 2372354; 593948, 2372388; 593889, 1—Kaluaa Gulch, City and County of 2373475; 594728, 2373476; 594762, 2372397; 593812, 2372413; 593781, Honolulu, island of Oahu, Hawaii. 2373532; 594791, 2373529; 594828, 2372425; 593756, 2372442; 593742, (i) Land bounded by the following 2373501; 594852, 2373465; 594903, 2372467; 593742, 2372490; 593736, coordinates: 593240, 2374436; 593231, 2373501; 594933, 2373500; 594952, 2372521; 593736, 2372560; 593757, 2374371; 593281, 2374410; 593315, 2373489; 594974, 2373334; 594800, 2372587; 593790, 2372662; 593663, 2374385; 593612, 2374173; 593656, 2373150; 594718, 2373120; 594718, 2372772; 593543, 2372859; 593558, 2374138; 593621, 2374096; 593641, 2373102; 594744, 2373091; 594710, 2372894; 593555, 2372910; 593526, 2374077; 593676, 2374072; 593703, 2372721; 594720, 2372686; 594716, 2372928; 593476, 2372912; 593422, 2374057; 593734, 2374039; 593758, 2372633; 594678, 2372623; 594566, 2372953; 593420, 2372976; 593403, 2374058; 593793, 2374029; 593779, 2372651; 594536, 2372666; 594506, 2372997; 593400, 2373025; 593373, 2373964; 593731, 2373894; 593660, 2372663; 594467, 2372672; 594395, 2373016; 593352, 2373044; 593328, 2373784; 593609, 2373702; 593592, 2372663; 594406, 2372650; 594546, 2373025; 593215, 2373118; 593230, 2373648; 593592, 2373594; 593598, 2372567; 594558, 2372553; 594551, 2373171; 593214, 2373176; 593163, 2373553; 593657, 2373561; 593770, 2372535; 594389, 2372452; 594395, 2373154; 593095, 2373213; 593091, 2373549; 593792, 2373496; 593797, 2372434; 594415, 2372428; 594511, 2373238; 593064, 2373243; 593019, 2373417; 593842, 2373411; 593842, 2372449; 594603, 2372437; 594614, 2373295; 592937, 2373388; 592889, 2373326; 593905, 2373404; 594053, 2372421; 594607, 2372385; 594593, 2373462; 592897, 2373535; 592908, 2373383; 594103, 2373292; 594134, 2372353; 594591, 2372317; 594618, 2373597; 592923, 2373668; 592914, 2373228; 594156, 2373250; 594194, 2372322; 594661, 2372357; 594700, 2373772; 592889, 2373866; 592868, 2373256; 594178, 2373323; 594196, 2372384; 594696, 2372334; 594697, 2373941; 592867, 2373950; 592894, 2373386; 594229, 2373390; 594312, 2372333; 594697, 2372283; 594652, 2374029; 592908, 2374120; 592894, 2373340; 594341, 2373350; 594339, 2372257; 594541, 2372266; 594454, 2374162; 592860, 2374213; 592854, 2373421; 594383, 2373487; 594381, 2372294; 594400, 2372294; 594293, 2374216; 593151, 2374494. 2373513; 594460, 2373552; 594496, 2372267; 594231, 2372261; 594168, (ii) Note: Map of Drosophila 2373553; 594497, 2373518; 594526, 2372241; 594126, 2372258; 594075, montgomery—Unit 1—Kaluaa Gulch 2373509; 594572, 2373460; 594632, 2372267; 594030, 2372303; 593999, follows:

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(7) Drosophila montgomeryi—Unit 2368833; 593703, 2368906; 593764, 2369197; 594472, 2369183; 594391, 2—Palikea, City and County of 2368963; 593832, 2369044; 593901, 2369179; 594354, 2369153; 594302, Honolulu, island of Oahu, Hawaii. 2369145; 594002, 2369262; 594079, 2369072; 594257, 2369015; 594213, (i) Land bounded by the following 2369331; 594104, 2369396; 594120, 2368914; 594136, 2368809; 594083, coordinates: 593529, 2367854; 593448, 2369485; 594124, 2369521; 594148, 2368672; 594035, 2368550; 593966, 2367801; 593302, 2367874; 593242, 2369525; 594213, 2369525; 594310, 2368417; 593966, 2368324; 593909, 2367927; 593193, 2367967; 593165, 2369497; 594395, 2369473; 594399, 2368259; 593792, 2368105; 593675, 2368065; 593217, 2368150; 593314, 2369392; 594396, 2369356; 594417, 2368000. 2368283; 593399, 2368425; 593448, 2369313; 594461, 2369290; 594551, (ii) Note: Map of Drosophila 2368578; 593505, 2368716; 593622, 2369278; 594579, 2369250; 594559, montgomeryi—Unit 2—Palikea follows:

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(8) Drosophila montgomeryi—Unit 2370907; 593716, 2370947; 593642, 2371435; 594036, 2371431; 594138, 3—Puu Kaua, City and County of 2370999; 593602, 2371041; 593574, 2371415; 594190, 2371399; 594232, Honolulu, island of Oahu, Hawaii. 2371067; 593558, 2371095; 593539, 2371385; 594246, 2371359; 594239, (i) Land bounded by the following 2371118; 593531, 2371121; 593534, 2371354; 594170, 2370879; 594172, coordinates: 594166, 2370854; 594166, 2371173; 593519, 2371375; 593533, 2370877; 594170, 2370855. 2370853; 594164, 2370854; 594122, 2371375; 593552, 2371390; 593628, 2370843; 594090, 2370815; 594040, (ii) Note: Map of Drosophila 2371404; 593716, 2371426; 593794, montgomeryi—Unit 3—Puu Kaua 2370789; 593996, 2370789; 593930, 2371431; 593876, 2371437; 593974, 2370827; 593852, 2370875; 593778, follows:

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Hawaiian picture-wing fly (Drosophila (i) Wet, montane, ohia forest between land on which they are located existing mulli) the elevations of 1,955–3,250 ft (596– within the legal boundaries on the 1,093 m); and effective date of this rule. (1) Critical habitat units are depicted (ii) The larval host plant Pritchardia (4) Critical habitat map units. for County of Hawaii, island of Hawaii, beccariana, which exhibits one or more Coordinates are in Universal Transverse Hawaii, on the maps below. life stages (from seedlings to senescent Mercator (UTM) Zone 4 with units in (2) The primary constituent elements individuals). meters using North American Datum of of critical habitat for Drosophila mulli (3) Critical habitat does not include 1983 (NAD83). are: manmade structures (such as buildings, (5) Note: Index map of critical habitat aqueducts, airports, and roads) and the units for Drosophila mulli follows:

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(6) Drosophila mulli—Unit 1—Olaa (i) Land bounded by the following 2155910; 898508, 2155922; 899064, Forest, Hawaii County, island of Hawaii, coordinates: 898754, 2154890; 898225, 2155498; 899064, 2155268. Hawaii. 2154740; 898030, 2154878; 897846, (ii) Note: Map of Drosophila mulli— 2155268; 897927, 2155578; 898328, Unit 1—Olaa Forest follows:

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(7) Drosophila mulli—Unit 2— 2170346; 903101, 2170415; 903166, 2170579; 903653, 2170521; 903622, Stainback Forest, Hawaii County, island 2170439; 903245, 2170490; 903324, 2170487; 903441, 2170394; 903386, of Hawaii, Hawaii. 2170521; 903420, 2170603; 903509, 2170322; 903399, 2170250; 903451, (i) Land bounded by the following 2170651; 903636, 2170699; 903732, 2170133; 903403, 2170058. coordinates: 903259, 2169945; 903159, 2170771; 903849, 2170799; 903914, (ii) Note: Map of Drosophila mulli— 2169907; 903080, 2169965; 902974, 2170789; 903955, 2170730; 903869, Unit 2—Stainback Forest follows: 2170089; 902953, 2170247; 903012, 2170662; 903866, 2170658; 903718,

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(8) Drosophila mulli—Unit 3— 2167587; 895745, 2167704; 895687, (ii) Note: Map of Drosophila mulli— Waiakea Forest, Hawaii County, island 2167996; 895745, 2168207; 896014, Unit 3—Waiakea Forest follows: of Hawaii, Hawaii. 2168335; 896480, 2168668; 896841, (i) Land bounded by the following 2169108; 897302, 2169068; 897522, coordinates: 897021, 2168026; 896225, 2168908; 897482, 2168607.

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BILLING CODE 4310–55–C

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Hawaiian picture-wing fly (Drosophila 2446788; 431302, 2446743; 431300, 2447821; 430762, 2447853; 430778, musaphilia) 2446700; 431301, 2446659; 431306, 2447879; 430802, 2447900; 430834, (1) Critical habitat is depicted for 2446621; 431252, 2446466; 431186, 2447916; 430864, 2447928; 430893, County of Kauai, island of Kauai, 2446345; 431181, 2446332; 430955, 2447937; 430920, 2447943; 430945, Hawaii, on the map below. 2445963; 430860, 2445709; 430831, 2447947; 430968, 2447947; 430989, (2) The primary constituent elements 2445664; 430760, 2445497; 430648, 2447952; 431007, 2447961; 431022, of critical habitat for Drosophila 2445441; 430416, 2445421; 430405, 2447974; 431035, 2447992; 431045, musaphilia are: 2445422; 430396, 2445420; 430159, 2448014; 431049, 2448036; 431046, (i) Mesic, montane, ohia and koa 2445358; 430153, 2445371; 430148, 2448057; 431036, 2448077; 431019, forest between the elevations of 3,310– 2445402; 430150, 2445437; 430157, 2448096; 430996, 2448113; 430971, 3,740 ft (1,009–1,128 m); and 2445475; 430170, 2445517; 430188, 2448128; 430946, 2448140; 430921, (ii) The larval host plant Acacia koa, 2445562; 430212, 2445610; 430240, 2448149; 430896, 2448155; 430871, which exhibits one or more life stages 2445660; 430270, 2445707; 430302, 2448158; 430849, 2448165; 430830, (from seedlings to senescent 2445754; 430335, 2445799; 430371, 2448179; 430815, 2448200; 430804, individuals). 2445842; 430407, 2445883; 430441, 2448228; 430796, 2448263; 430799, (3) Critical habitat does not include 2445921; 430474, 2445956; 430506, 2448299; 430816, 2448330; 430848, manmade structures (such as buildings, 2445988; 430535, 2446017; 430559, 2448356; 430894, 2448377; 430956, aqueducts, airports, and roads) and the 2446044; 430567, 2446070; 430558, 2448393; 431018, 2448407; 431064, land on which they are located existing 2446095; 430533, 2446120; 430492, 2448423; 431094, 2448440; 431109, within the legal boundaries on the 2446144; 430441, 2446167; 430398, 2448459; 431107, 2448479; 431094, effective date of this rule. 2446193; 430363, 2446221; 430337, 2448502; 431076, 2448530; 431054, (4) Critical habitat map unit. 2446252; 430320, 2446284; 430311, 2448563; 431027, 2448601; 430996, Coordinates are in Universal Transverse 2446319; 430309, 2446353; 430315, 2448643; 430967, 2448687; 430957, Mercator (UTM) Zone 4 with units in 2446388; 430327, 2446423; 430347, 2448722; 430966, 2448749; 430994, meters using North American Datum of 2446457; 430373, 2446492; 430401, 2448766; 431042, 2448775; 431103, 1983 (NAD83). 2446525; 430430, 2446558; 430459, 2448778; 431162, 2448779; 431218, (5) Drosophila musaphilia—Unit 1— 2446589; 430489, 2446619; 430518, 2448779; 431269, 2448779; 431317, Kokee, Kauai County, island of Kauai, 2446649; 430531, 2446681; 430524, 2448777; 431361, 2448775; 431403, Hawaii. 2446716; 430497, 2446755; 430451, 2448767; 431443, 2448754; 431480, (i) Land bounded by the following 2446797; 430387, 2446842; 430330, 2448736; 431515, 2448712; 431548, coordinates: 432035, 2448683; 432126, 2446887; 430288, 2446930; 430262, 2448685; 431579, 2448661; 431607, 2448510; 432111, 2448312; 432111, 2446971; 430250, 2447010; 430253, 2448643; 431633, 2448630; 431657, 2448119; 432106, 2447977; 432010, 2447047; 430263, 2447083; 430274, 2448622; 431678, 2448620; 431692, 2447906; 432025, 2447779; 431992, 2447118; 430288, 2447153; 430304, 2448631; 431697, 2448656; 431694, 2447749; 431962, 2447768; 431938, 2447187; 430323, 2447220; 430339, 2448695; 431683, 2448749; 431665, 2447766; 431926, 2447752; 431895, 2447254; 430350, 2447291; 430356, 2448816; 431657, 2448878; 431666, 2447719; 431861, 2447686; 431825, 2447331; 430358, 2447373; 430354, 2448928; 431692, 2448967; 431735, 2447651; 431786, 2447616; 431745, 2447418; 430351, 2447461; 430354, 2448994; 431795, 2449009; 431857, 2447581; 431701, 2447544; 431658, 2447496; 430361, 2447524; 430374, 2449019; 431913, 2449024; 431963, 2447505; 431616, 2447462; 431575, 2447545; 430392, 2447558; 430416, 2449027; 432008, 2449026; 432046, 2447417; 431535, 2447368; 431496, 2447567; 430445, 2447573; 430479, 2449022; 432076, 2449012; 432094, 2447318; 431457, 2447271; 431418, 2447576; 430518, 2447577; 430563, 2448996; 432100, 2448974; 432095, 2447231; 431379, 2447198; 431339, 2447574; 430609, 2447572; 430649, 2448945; 432078, 2448910; 432060, 2447172; 431299, 2447153; 431267, 2447573; 430684, 2447578; 430714, 2448872; 432053, 2448837; 432063, 2447131; 431247, 2447103; 431239, 2447587; 430737, 2447599; 430755, 2448834; 432035, 2448784. 2447068; 431244, 2447027; 431260, 2447616; 430767, 2447639; 430772, (ii) Note: Map of Drosophila 2446979; 431278, 2446930; 431292, 2447667; 430772, 2447701; 430766, musaphilia—Unit 1—Kokee follows: 2446881; 431300, 2446834; 431303, 2447740; 430756, 2447783; 430755, BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C

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Hawaiian picture-wing fly (Drosophila 2314795; 750138, 2314795; 750138, 2315611; 749222, 2315611; 749222, neoclavisetae) 2314795; 750172, 2314783; 750197, 2315611; 749243, 2315602; 749331, (1) Critical habitat is depicted for 2314770; 750214, 2314760; 750222, 2315566; 749351, 2315553; 749351, County of Maui, island of Maui, Hawaii, 2314756; 750222, 2314756; 750222, 2315553; 749383, 2315533; 749383, on the map below. 2314756; 750231, 2314751; 750244, 2315533; 749383, 2315533; 749403, (2) The primary constituent elements 2314735; 750244, 2314735; 750244, 2315522; 749419, 2315511; 749468, of critical habitat for Drosophila 2314735; 750245, 2314735; 750263, 2315475; 749476, 2315462; 749483, neoclavisetae are: 2314718; 750263, 2314718; 750263, 2315449; 749483, 2315449; 749484, (i) Wet, montane, ohia forest between 2314718; 750283, 2314702; 750381, 2315449; 749484, 2315449; 749498, the elevations of 3,405–4,590 ft (1,036– 2314361; 750381, 2314360; 750421, 2315429; 749498, 2315429; 749498, 1,399 m); and 2314232; 750421, 2314232; 750421, 2315428; 749522, 2315400; 749522, (ii) The larval host plants Cyanea 2314232; 750421, 2314231; 750421, 2315400; 749522, 2315400; 749522, kunthiana and C. macrostegia ssp. 2314231; 750421, 2314231; 750422, 2315400; 749523, 2315399; 749523, macrostegia, which exhibit one or more 2314231; 750422, 2314230; 750422, 2315399; 749523, 2315399; 749548, life stages (from seedlings to senescent 2314230; 750402, 2314210; 750397, 2315382; 749548, 2315382; 749548, individuals). 2314126; 750357, 2314098; 750329, 2315382; 749570, 2315370; 749570, (3) Critical habitat does not include 2314098; 750312, 2314143; 750290, 2315370; 749570, 2315370; 749616, manmade structures (such as buildings, 2314227; 750239, 2314244; 750194, 2315349; 749626, 2315340; 749626, aqueducts, airports, and roads) and the 2314227; 750133, 2314238; 750076, 2315340; 749627, 2315340; 749650, land on which they are located existing 2314255; 750009, 2314238; 749958, 2315324; 749664, 2315305; 749675, within the legal boundaries on the 2314259; 749885, 2314289; 749773, 2315287; 749679, 2315278; 749679, effective date of this rule. 2314435; 749721, 2314492; 749520, 2315278; 749679, 2315278; 749679, (4) Critical habitat map unit. 2314710; 749515, 2314969; 749509, 2315278; 749680, 2315278; 749698, 2315036; 749509, 2315093; 749565, Coordinates are in Universal Transverse 2315255; 749698, 2315254; 749698, 2315087; 749649, 2315036; 749739, Mercator (UTM) Zone 4 with units in 2315254; 749718, 2315234; 749718, 2314991; 749756, 2315031; 749655, meters using North American Datum of 2315234; 749718, 2315234; 749718, 2315132; 749599, 2315244; 749554, 1983 (NAD83). 2315233; 749718, 2315233; 749734, 2315340; 749458, 2315407; 749368, (5) Drosophila neoclavisetae—Unit 2315222; 749779, 2315184; 749779, 2315480; 749254, 2315543; 749183, 1—Puu Kukui, Maui County, island of 2315184; 749780, 2315183; 749780, 2315602; 749145, 2315636; 749117, Maui, Hawaii. 2315183; 749780, 2315183; 749802, (i) Land bounded by the following 2315676; 749125, 2315679; 749125, 2315170; 749831, 2315145; 749872, coordinates: 749957, 2315007; 750017, 2315679; 749125, 2315679; 749125, 2315096; 749872, 2315096; 749872, 2314927; 750054, 2314874; 750054, 2315679; 749125, 2315678; 749125, 2315096; 749872, 2315096; 749873, 2314874; 750070, 2314854; 750070, 2315678; 749126, 2315678; 749126, 2314854; 750070, 2314853; 750070, 2315678; 749126, 2315677; 749138, 2315095; 749873, 2315095; 749886, 2314853; 750095, 2314828; 750095, 2315668; 749138, 2315668; 749172, 2315085; 749931, 2315044; 749957, 2314828; 750095, 2314828; 750118, 2315644; 749172, 2315644; 749172, 2315008. 2314807; 750118, 2314807; 750118, 2315644; 749172, 2315644; 749172, (ii) Note: Map of Drosophila 2314806; 750119, 2314806; 750119, 2315644; 749186, 2315637; 749203, neoclavisetae—Unit 1—Puu Kukui 2314806; 750137, 2314795; 750137, 2315624; 749221, 2315611; 749221, follows: 2314795; 750137, 2314795; 750137, 2315611; 749221, 2315611; 749222, BILLING CODE 4310–55–P

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Hawaiian picture-wing fly (Drosophila (i) Dry to mesic, lowland, ohia and within the legal boundaries on the obatai) koa forest between the elevations of effective date of this rule. 1,475–2,535 ft (450–773 m); and (4) Critical habitat map units. (1) Critical habitat is depicted for (ii) The larval host plant Pleomele Coordinates are in Universal Transverse County of Honolulu, island of Oahu, forbesii, which exhibits one or more life Mercator (UTM) Zone 4 with units in Hawaii, on the maps below. stages (from seedlings to senescent meters using North American Datum of individuals). (2) The primary constituent elements 1983 (NAD83). of critical habitat for Drosophila obatai (3) Critical habitat does not include manmade structures (such as buildings, (5) Note: Index map of the critical are: aqueducts, airports, and roads) and the habitat units for Drosophila obatai land on which they are located existing follows:

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(6) Drosophila obatai—Unit 1—Puu 2379597; 591766, 2379597; 591766, 2379502; 591444, 2379502; 591432, Pane, City and County of Honolulu, 2379597; 591741, 2379583; 591741, 2379498; 591421, 2379497; 591421, island of Oahu, Hawaii. 2379583; 591710, 2379565; 591672, 2379497; 591421, 2379497; 591421, (i) Land bounded by the following 2379554; 591672, 2379554; 591635, 2379497; 591421, 2379497; 591420, coordinates: 591489, 2379704; 591662, 2379542; 591614, 2379537; 591614, 2379497; 591420, 2379497; 591420, 2379690; 591807, 2379704; 591822, 2379537; 591614, 2379537; 591582, 2379497; 591420, 2379497; 591420, 2379699; 591901, 2379571; 591871, 2379526; 591582, 2379526; 591582, 2379497; 591405, 2379487; 591405, 2379579; 591830, 2379596; 591830, 2379526; 591582, 2379526; 591582, 2379487; 591405, 2379487; 591405, 2379596; 591830, 2379596; 591830, 2379526; 591545, 2379500; 591523, 2379486; 591405, 2379486; 591405, 2379596; 591830, 2379596; 591830, 2379495; 591496, 2379495; 591461, 2379486; 591403, 2379483; 591354, 2379596; 591830, 2379596; 591791, 2379505; 591461, 2379505; 591461, 2379454; 591283, 2379460; 591240, 2379600; 591791, 2379600; 591791, 2379505; 591461, 2379505; 591461, 2379449; 591113, 2379474; 591116, 2379601; 591791, 2379600; 591791, 2379505; 591461, 2379505; 591461, 2379531; 591169, 2379618; 591284, 2379600; 591791, 2379600; 591766, 2379505; 591461, 2379505; 591461, 2379716; 591345, 2379723. 2379597; 591766, 2379597; 591766, 2379505; 591444, 2379502; 591444, (ii) Note: Map of Drosophila obatai— 2379597; 591766, 2379597; 591766, 2379502; 591444, 2379502; 591444, Unit 1—Puu Pane follows:

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(7) Drosophila obatai—Unit 2— 2358250; 629005, 2358174; 628908, 2357806; 628559, 2357874; 628619, Wailupe, City and County of Honolulu, 2358169; 628890, 2358110; 628922, 2357932; 628637, 2357973; 628635, island of Oahu, Hawaii. 2358034; 628883, 2358011; 628795, 2358074; 628660, 2358185; 628735, (i) Land bounded by the following 2358007; 628791, 2357939; 628753, 2358298; 628775, 2358411; 628936, coordinates: 629222, 2358352; 629208, 2357885; 628759, 2357799; 628705, 2358634; 629070, 2358711; 629243, 2358307; 629199, 2358225; 629147, 2357743; 628676, 2357619; 628606, 2358647; 629307, 2358506. 2358205; 629100, 2358307; 629048, 2357592; 628536, 2357607; 628552, (ii) Note: Map of Drosophila obatai— 2358343; 629028, 2358316; 629023, 2357673; 628610, 2357731; 628574, Unit 2—Wailupe follows:

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Hawaiian picture-wing fly (Drosophila (ii) The larval host plants Clermontia aqueducts, airports, and roads) and the ochrobasis) calophylla, C. clermontioides, C. land on which they are located existing clermontioides ssp. rockiana, C. within the legal boundaries on the (1) Critical habitat units are depicted drepanomorpha, C. hawaiiensis, C. effective date of this rule. for County of Hawaii, island of Hawaii, kohalae, C. lindseyana, C. montis-loa, C. (4) Critical habitat map units. Hawaii, on the maps below. parviflora, C. peleana, C. pyrularia, C. Coordinates are in Universal Transverse (2) The primary constituent elements waimeae, Marattia douglasii, Myrsine Mercator (UTM) Zone 4 with units in of critical habitat for Drosophila lanaiensis, M. lessertiana, and M. ochrobasis are: sandwicensis, which exhibit one or meters using North American Datum of (i) Mesic to wet, montane, ohia, koa, more life stages (from seedlings to 1983 (NAD83). and Cheirodendron sp. forest between senescent individuals). (5) Note: Index map of critical habitat the elevations of 3,850–5,390 ft (1,173– (3) Critical habitat does not include units for Drosophila ochrobasis follows: 1,643 m); and manmade structures (such as buildings,

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(6) Drosophila ochrobasis—Unit 1— 2179281; 883971, 2179292; 883936, 2179441; 883934, 2179473; 883985, Kipuka 9, Hawaii County, island of 2179295; 883896, 2179273; 883855, 2179484; 884036, 2179444; 884112, Hawaii, Hawaii. 2179287; 883825, 2179319; 883828, 2179409. (i) Land bounded by the following 2179335; 883861, 2179349; 883869, (ii) Note: Map of Drosophila coordinates: 884112, 2179392; 884090, 2179346; 883885, 2179346; 883888, ochrobasis—Unit 1—Kipuka 9 follows: 2179333; 884069, 2179303; 884023, 2179373; 883893, 2179409; 883896,

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(7) Drosophila ochrobasis—Unit 2— 2178818; 884211, 2178834; 884141, 2179051; 884151, 2179065; 884210, Kipuka 14, Hawaii County, island of 2178891; 884099, 2178924; 884064, 2179063; 884208, 2179084; 884242, Hawaii, Hawaii. 2178929; 884026, 2178959; 884026, 2179101; 884280, 2179131; 884323, (i) Land bounded by the following 2178976; 884052, 2178983; 884071, 2179146; 884365, 2179146. coordinates: 884379, 2179103; 884375, 2179008; 884101, 2179013; 884137, (ii) Note: Map of Drosophila 2179051; 884351, 2178992; 884320, 2179021; 884160, 2179035; 884148, 2178889; 884264, 2178832; 884236, ochrobasis—Unit 2—Kipuka 14 follows:

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(8) Drosophila ochrobasis—Unit 3— 2222323; 847396, 2222654; 847508, 2222595; 848317, 2222476; 848177, Kohala Mountains East, Hawaii County, 2222900; 847620, 2223146; 847773, 2222184. island of Hawaii, Hawaii. 2223179; 848104, 2223079; 848172, (ii) Note: Map of Drosophila (i) Land bounded by the following 2222934; 848235, 2222798; 848327, ochrobasis—Unit 3—Kohala Mountains coordinates: 848091, 2222077; 847912, 2222764; 848361, 2222693; 848350, East follows: 2222077; 847578, 2222142; 847461,

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(9) Drosophila ochrobasis—Unit 4— 2223897; 842666, 2223757; 842803, 2223345; 842020, 2223634; 841988, Kohala Mountains West, Hawaii 2223586; 842840, 2223426; 842812, 2223746; 841967, 2223882. County, island of Hawaii, Hawaii. 2223314; 842758, 2223157; 842584, (ii) Note: Map of Drosophila (i) Land bounded by the following 2223047; 842430, 2223096; 842355, ochrobasis—Unit 4—Kohala Mountains coordinates: 841990, 2224000; 842156, 2223157; 842260, 2223278; 842154, West follows: 2223966; 842268, 2223966; 842486,

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(10) Drosophila ochrobasis—Unit 5— 2124179; 849874, 2124347; 849874, 2124549; 850508, 2124448; 850339, Upper Kahuku, Hawaii County, island 2124516; 849975, 2124603; 850177, 2124320. of Hawaii, Hawaii. 2124724; 850332, 2124866; 850474, (ii) Note: Map of Drosophila (i) Land bounded by the following 2124900; 850589, 2124832; 850669, ochrobasis—Unit 5—Upper Kahuku coordinates: 850211, 2124185; 849989, 2124785; 850690, 2124684; 850669, follows:

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Hawaiian picture-wing fly (Drosophila elevations of 1,920–4,030 ft (585–1,228 land on which they are located existing substenoptera) m); and within the legal boundaries on the (ii) The larval host plants effective date of this rule. (1) Critical habitat is depicted for Cheirodendron platyphyllum ssp. (4) Critical habitat map units. County of Honolulu, island of Oahu, platyphyllum, C. trigynum ssp. Coordinates are in Universal Transverse Hawaii, on the maps below. trigynum, Tetraplasandra kavaiensis, Mercator (UTM) Zone 4 with units in and T. oahuensis, which exhibit one or (2) The primary constituent elements meters using North American Datum of more life stages (from seedlings to of critical habitat for Drosophila 1983 (NAD83). substenoptera are: senescent individuals). (3) Critical habitat does not include (5) Note: Index map of critical habitat (i) Mesic to wet, lowland to montane, manmade structures (such as buildings, units for Drosophila substenoptera ohia and koa forest between the aqueducts, airports, and roads) and the follows:

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(6) Drosophila substenoptera—Unit 2378405; 588530, 2378398; 588530, 2377972; 588364, 2377972; 588364, 1—Mt. Kaala, City and County of 2378398; 588484, 2378387; 588466, 2377972; 588351, 2377941; 588351, Honolulu, island of Oahu, Hawaii. 2378384; 588466, 2378384; 588466, 2377941; 588351, 2377941; 588351, (i) Land bounded by the following 2378384; 588466, 2378384; 588466, 2377941; 588351, 2377941; 588351, coordinates: 588692, 2378661; 588740, 2378384; 588466, 2378384; 588466, 2377941; 588351, 2377941; 588351, 2378622; 588806, 2378595; 588799, 2378384; 588466, 2378384; 588459, 2377941; 588351, 2377941; 588351, 2378573; 588790, 2378564; 588785, 2378380; 588459, 2378380; 588459, 2377941; 588354, 2377924; 588354, 2378562; 588776, 2378565; 588776, 2378380; 588459, 2378380; 588459, 2377924; 588354, 2377923; 588354, 2378565; 588776, 2378565; 588776, 2378379; 588459, 2378379; 588459, 2377923; 588354, 2377923; 588362, 2378565; 588776, 2378565; 588776, 2378379; 588459, 2378379; 588395, 2377904; 588362, 2377904; 588362, 2378565; 588776, 2378566; 588766, 2378293; 588361, 2378254; 588361, 2377904; 588362, 2377904; 588362, 2378566; 588766, 2378566; 588766, 2378254; 588361, 2378254; 588361, 2377904; 588369, 2377893; 588369, 2378566; 588766, 2378566; 588766, 2378254; 588361, 2378254; 588349, 2377893; 588369, 2377893; 588369, 2378566; 588766, 2378566; 588766, 2378234; 588349, 2378234; 588349, 2377893; 588369, 2377893; 588369, 2378566; 588766, 2378566; 588766, 2378234; 588349, 2378234; 588349, 2377893; 588376, 2377888; 588308, 2378566; 588766, 2378566; 588766, 2378234; 588349, 2378234; 588344, 2377906; 588255, 2377885; 588156, 2378566; 588766, 2378566; 588766, 2378210; 588344, 2378210; 588344, 2377924; 588103, 2377905; 588064, 2378566; 588765, 2378566; 588765, 2378210; 588344, 2378210; 588344, 2377903; 587879, 2378062; 587792, 2378566; 588765, 2378566; 588753, 2378210; 588344, 2378210; 588344, 2378228; 587806, 2378342; 587939, 2378551; 588731, 2378529; 588722, 2378186; 588344, 2378186; 588344, 2378515; 588067, 2378659; 588232, 2378520; 588722, 2378520; 588722, 2378186; 588344, 2378186; 588349, 2378655; 588363, 2378748; 588503, 2378520; 588714, 2378509; 588660, 2378161; 588349, 2378161; 588349, 2378737; 588614, 2378668. 2378470; 588660, 2378470; 588660, 2378161; 588349, 2378161; 588373, (ii) Note: Map of Drosophila 2378470; 588660, 2378470; 588617, 2378097; 588385, 2378041; 588384, substenoptera—Unit 1—Mt. Kaala 2378429; 588584, 2378412; 588563, 2378026; 588380, 2378003; 588364, follows:

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(7) Drosophila substenoptera—Unit 2368833; 593703, 2368906; 593764, 2369197; 594472, 2369183; 594391, 2—Palikea, City and County of 2368963; 593832, 2369044; 593901, 2369179; 594354, 2369153; 594302, Honolulu, island of Oahu, Hawaii. 2369145; 594002, 2369262; 594079, 2369072; 594257, 2369015; 594213, (i) Land bounded by the following 2369331; 594104, 2369396; 594120, 2368914; 594136, 2368809; 594083, coordinates: 593529, 2367854; 593448, 2369485; 594124, 2369521; 594148, 2368672; 594035, 2368550; 593966, 2367801; 593302, 2367874; 593242, 2369525; 594213, 2369525; 594310, 2368417; 593966, 2368324; 593909, 2367927; 593193, 2367967; 593165, 2369497; 594395, 2369473; 594399, 2368259; 593792, 2368105; 593675, 2368065; 593217, 2368150; 593314, 2369392; 594396, 2369356; 594417, 2368000. 2368283; 593399, 2368425; 593448, 2369313; 594461, 2369290; 594551, (ii) Note: Map of Drosophila 2368578; 593505, 2368716; 593622, 2369278; 594579, 2369250; 594559, substenoptera—Unit 2—Palikea follows:

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Hawaiian picture-wing fly (Drosophila (i) Dry to mesic, lowland, ohia and within the legal boundaries on the tarphytrichia) koa forest between the elevations of effective date of this rule. 1,720–2,985 ft (524–910 m); and (4) Critical habitat map units. (1) Critical habitat units are depicted (ii) The larval host plant Charpentiera Coordinates are in Universal Transverse for County of Honolulu, island of Oahu, obovata, which exhibits one or more life Mercator (UTM) Zone 4 with units in Hawaii, on the maps below. stages (from seedlings to senescent meters using North American Datum of individuals). (2) The primary constituent elements 1983 (NAD83). of critical habitat for Drosophila (3) Critical habitat does not include manmade structures (such as buildings, (5) Note: Index map of critical habitat tarphytrichia are: aqueducts, airports, and roads) and the units for Drosophila tarphytrichia land on which they are located existing follows:

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(6) Drosophila tarphytrichia—Unit 2373519; 594649, 2373523; 594699, 2372354; 593948, 2372388; 593889, 1—Kaluaa Gulch, City and County of 2373475; 594728, 2373476; 594762, 2372397; 593812, 2372413; 593781, Honolulu, island of Oahu, Hawaii. 2373532; 594791, 2373529; 594828, 2372425; 593756, 2372442; 593742, (i) Land bounded by the following 2373501; 594852, 2373465; 594903, 2372467; 593742, 2372490; 593736, coordinates: 593240, 2374436; 593231, 2373501; 594933, 2373500; 594952, 2372521; 593736, 2372560; 593757, 2374371; 593281, 2374410; 593315, 2373489; 594974, 2373334; 594800, 2372587; 593790, 2372662; 593663, 2374385; 593612, 2374173; 593656, 2373150; 594718, 2373120; 594718, 2372772; 593543, 2372859; 593558, 2374138; 593621, 2374096; 593641, 2373102; 594744, 2373091; 594710, 2372894; 593555, 2372910; 593526, 2374077; 593676, 2374072; 593703, 2372721; 594720, 2372686; 594716, 2372928; 593476, 2372912; 593422, 2374057; 593734, 2374039; 593758, 2372633; 594678, 2372623; 594566, 2372953; 593420, 2372976; 593403, 2374058; 593793, 2374029; 593779, 2372651; 594536, 2372666; 594506, 2372997; 593400, 2373025; 593373, 2373964; 593731, 2373894; 593660, 2372663; 594467, 2372672; 594395, 2373016; 593352, 2373044; 593328, 2373784; 593609, 2373702; 593592, 2372663; 594406, 2372650; 594546, 2373025; 593215, 2373118; 593230, 2373648; 593592, 2373594; 593598, 2372567; 594558, 2372553; 594551, 2373171; 593214, 2373176; 593163, 2373553; 593657, 2373561; 593770, 2372535; 594389, 2372452; 594395, 2373154; 593095, 2373213; 593091, 2373549; 593792, 2373496; 593797, 2372434; 594415, 2372428; 594511, 2373238; 593064, 2373243; 593019, 2373417; 593842, 2373411; 593842, 2372449; 594603, 2372437; 594614, 2373295; 592937, 2373388; 592889, 2373326; 593905, 2373404; 594053, 2372421; 594607, 2372385; 594593, 2373462; 592897, 2373535; 592908, 2373383; 594103, 2373292; 594134, 2372353; 594591, 2372317; 594618, 2373597; 592923, 2373668; 592914, 2373228; 594156, 2373250; 594194, 2372322; 594661, 2372357; 594700, 2373772; 592889, 2373866; 592868, 2373256; 594178, 2373323; 594196, 2372384; 594696, 2372334; 594697, 2373941; 592867, 2373950; 592894, 2373386; 594229, 2373390; 594312, 2372333; 594697, 2372283; 594652, 2374029; 592908, 2374120; 592894, 2373340; 594341, 2373350; 594339, 2372257; 594541, 2372266; 594454, 2374162; 592860, 2374213; 592854, 2373421; 594383, 2373487; 594381, 2372294; 594400, 2372294; 594293, 2374216; 593151, 2374494. 2373513; 594460, 2373552; 594496, 2372267; 594231, 2372261; 594168, (ii) Note: Map of Drosophila 2373553; 594497, 2373518; 594526, 2372241; 594126, 2372258; 594075, tarphytrichia—Unit 1—Kaluaa Gulch 2373509; 594572, 2373460; 594632, 2372267; 594030, 2372303; 593999, follows:

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(7) Drosophila tarphytrichia—Unit 2368833; 593703, 2368906; 593764, 2369197; 594472, 2369183; 594391, 2—Palikea, City and County of 2368963; 593832, 2369044; 593901, 2369179; 594354, 2369153; 594302, Honolulu, island of Oahu, Hawaii. 2369145; 594002, 2369262; 594079, 2369072; 594257, 2369015; 594213, (i) Land bounded by the following 2369331; 594104, 2369396; 594120, 2368914; 594136, 2368809; 594083, coordinates: 593529, 2367854; 593448, 2369485; 594124, 2369521; 594148, 2368672; 594035, 2368550; 593966, 2367801; 593302, 2367874; 593242, 2369525; 594213, 2369525; 594310, 2368417; 593966, 2368324; 593909, 2367927; 593193, 2367967; 593165, 2369497; 594395, 2369473; 594399, 2368259; 593792, 2368105; 593675, 2368065; 593217, 2368150; 593314, 2369392; 594396, 2369356; 594417, 2368000. 2368283; 593399, 2368425; 593448, 2369313; 594461, 2369290; 594551, (ii) Note: Map of Drosophila 2368578; 593505, 2368716; 593622, 2369278; 594579, 2369250; 594559, tarphytrichia—Unit 2—Palikea follows:

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(8) Drosophila tarphytrichia—Unit 2370907; 593716, 2370947; 593642, 2371435; 594036, 2371431; 594138, 3—Puu Kaua, City and County of 2370999; 593602, 2371041; 593574, 2371415; 594190, 2371399; 594232, Honolulu, island of Oahu, Hawaii. 2371067; 593558, 2371095; 593539, 2371385; 594246, 2371359; 594239, (i) Land bounded by the following 2371118; 593531, 2371121; 593534, 2371354; 594170, 2370879; 594172, coordinates: 594166, 2370854; 594166, 2371173; 593519, 2371375; 593533, 2370877; 594170, 2370855. 2370853; 594164, 2370854; 594122, 2371375; 593552, 2371390; 593628, 2370843; 594090, 2370815; 594040, (ii) Note: Map of Drosophila 2371404; 593716, 2371426; 593794, tarphytrichia—Unit 3—Puu Kaua 2370789; 593996, 2370789; 593930, 2371431; 593876, 2371437; 593974, 2370827; 593852, 2370875; 593778, follows:

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* * * * * Dated: November 14, 2008. Lyle Laverty, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. E8–27664 Filed 12–3–08; 8:45 am] BILLING CODE 4310–55–C

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Proposed Rules Federal Register Vol. 73, No. 234

Thursday, December 4, 2008

This section of the FEDERAL REGISTER ADDRESSES: You may submit comments, Public Law 96–354, ‘‘Regulatory contains notices to the public of the proposed identified by docket number and or RIN Flexibility Act’’ (5 U.S.C. 601) issuance of rules and regulations. The number and title, by any of the purpose of these notices is to give interested It has been certified that 32 CFR part following methods: 185 is not subject to the Regulatory persons an opportunity to participate in the • rule making prior to the adoption of the final Federal Rulemaking Portal: http:// Flexibility Act (5 U.S.C. 601) because it rules. www.regulations.gov. Follow the would not, if promulgated, have a instructions for submitting comments. significant economic impact on a • Mail: Federal Docket Management substantial number of small entities. DEPARTMENT OF DEFENSE System Office, 1160 Defense Pentagon, This rule establishes policy and assigns Washington, DC 20301–1160. responsibilities within DoD for DSCA, Office of the Secretary Instructions: All submissions received supplements regulations regarding must include the agency name and military support for civilian law [DoD–2008–OS–0085; RIN 0790–AI34] docket number or Regulatory enforcement, and sets forth policy guidance for the execution and 32 CFR Part 185 Information Number (RIN) for this Federal Register document. The general oversight of DSCA when requested by Defense Support of Civil Authorities policy for comments and other civil authorities and approved by the (DSCA) submissions from members of the public appropriate DoD authority, or as is to make these submissions available directed by the President. Therefore, it AGENCY: Department of Defense. for public viewing on the Internet at is not expected that small entities will be affected because there will be no ACTION: Proposed rule. http://www.regulations.gov as they are received without change, including any economically significant regulatory SUMMARY: This proposed rule personal identifiers or contact requirements placed upon them. establishes policy and assigns information. Public Law 96–511, ‘‘Paperwork responsibilities for DSCA, supplements Reduction Act’’ (44 U.S.C. Chapter 35) regulations regarding military support FOR FURTHER INFORMATION CONTACT: Mr. It has been certified that 32 CFR part for civilian law enforcement, and sets Richard Cha´vez, 703–697–5415. 185 does not impose reporting or forth policy guidance for the execution SUPPLEMENTARY INFORMATION: recordkeeping requirements under the and oversight of DSCA when requested Paperwork Reduction Act of 1995. by civil authorities and approved by the Executive Order 12866, ‘‘Regulatory appropriate DoD authority, or as Planning and Review’’ Executive Order 13132, ‘‘Federalism’’ directed by the President, within the It has been certified that 32 CFR part It has been certified that 32 CFR part United States, including the District of 185 does not: 185 does not have federalism Columbia, the Commonwealth of Puerto (1) Have an annual effect on the implications, as set forth in Executive Rico, the U.S. Virgin Islands, Guam, economy of $100 million or more or Order 13132. This rule does not have American Samoa, the Commonwealth of adversely affect in a material way the substantial direct effects on: the Northern Mariana Islands, and any economy; a section of the economy; (1) The States; territory or possession of the United productivity; competition; jobs; the (2) The relationship between the States or any political subdivision environment; public health or safety; or National Government and the States; or thereof. Legislative changes over the State, local, or tribal governments or (3) The distribution of power and years have made the existing guidance communities; responsibilities among the various outdated and inconsistent with current levels of Government. law and the current organizational (2) Create a serious inconsistency or structure of the Department of Defense. otherwise interfere with an action taken List of Subjects in 32 CFR Part 185 or planned by another Agency; This proposed rule will allow civil Armed forces, Civil defense. (3) Materially alter the budgetary authorities access to the correct Accordingly, the Department of impact of entitlements, grants, user fees, procedures when they are seeking Defense proposes to revise 32 CFR part or loan programs, or the rights and assistance from the Department by 185 to read as follows: establishing updated policy guidance obligations of recipients thereof; or and assigning the correct (4) Raise novel legal or policy issues PART 185—DEFENSE SUPPORT OF responsibilities within the Department arising out of legal mandates, the CIVIL AUTHORITIES (DSCA) for the Defense for support of civil President’s priorities, or the principles authorities in response to requests for set forth in this Executive Order. Sec. assistance for domestic emergencies, 185.1 Purpose. designated law enforcement support, Sec. 202, Pub. L. 104–4, ‘‘Unfunded 185.2 Applicability and scope. Mandates Reform Act’’ 185.3 Definitions. special events, and other domestic 185.4 Policy. activities. Interested persons are invited It has been certified that 32 CFR part 185.5 Responsibilities. to submit comments on this proposed 185 does not contain a Federal mandate rule that will be considered prior to Authority: 50 U.S.C. 2251, as amended; that may result in the expenditure by E.O. 12148, 3 CFR 1979 Comp. p. 412. promulgation of the final rule. State, local and tribal governments, in DATES: Comments must be received by aggregate, or by the private sector, of § 185.1 Purpose. February 2, 2009. $100 million or more in any 1 year. This part:

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(a) Establishes policy and assigns when approved by the Air Force as 5410.18 8 and DoD Instruction responsibilities for Defense Support of auxiliary missions. 5410.19 9). Civil Authorities (DSCA) which is also (6) Support provided by the National (9) Sensitive support in accordance referred to as civil support. Guard, in a federally funded title 32 with DoD Directive S–5210.36.10 (b) Supplements the regulations status to local, State, tribal, and/or § 185.3 Definitions. required by section 375 of title 10, Federal civil agencies when employed United States Code (U.S.C.), regarding by a Governor, or provided under Civil Authorities. See Joint Publication 1–02.11 military support for civilian law Emergency Management Assistance Civil Disturbances. See Joint enforcement. Compacts when that support involves Publication 1–02. (c) Sets forth policy guidance for the use of personnel operating under the Civil Support. See Joint Publication 1– execution and oversight of DSCA when provisions of title 32 U.S.C. 02. Also known as Defense Support of requested by civil authorities and (7) Special Events in accordance with Civil Authorities (DSCA). approved by the appropriate DoD DoD Directive 2000.15 3 and/or Defense Domestic Crisis Manager. The authority, or as directed by the applicable law. DoD official responsible for overseeing, President, within the United States, (d) Does not apply to the following advising, and making recommendations including the District of Columbia, the activities conducted in support of civil to the Secretary of Defense on the use Commonwealth of Puerto Rico, the U.S. authorities: of resources and DoD personnel needed Virgin Islands, Guam, American Samoa, (1) Support in response to foreign to prevent or respond to a potential or the Commonwealth of the Northern disasters provided in accordance with actual domestic crisis. The Assistant Mariana Islands, and any territory or DoD Directive 5100.46.4 Secretary of Defense for Homeland possession of the United States or any (2) Joint investigations conducted by Defense and Americas’ Security Affairs political subdivision thereof. the Inspector General of the Department (ASD(HD&ASA)) serves as the Defense § 185.2 Applicability and scope. of Defense, the Defense Criminal Domestic Crisis Manager. Investigative Service, and the military Defense Support of Civil Authorities This part: criminal investigative organizations (DSCA). Support provided by U.S. (a) Applies to the Office of the with civil law enforcement agencies on Federal military forces, National Guard Secretary of Defense, the Military matters within their respective forces performing duty under title 32, Departments, the Office of the Chairman jurisdictions using their own forces and U.S.C., DoD civilians, DoD contract of the Joint Chiefs of Staff, the Joint equipment. personnel, and DoD component assets, Staff, the Combatant Commands, the (3) Detail of DoD personnel to duty in response to requests for assistance Office of the Inspector General of the outside the Department of Defense in from civil authorities for special events, Department of Defense, the Defense accordance with DoD Instruction domestic emergencies, designated law Agencies, the DoD Field Activities, and 1000.17.5 enforcement support, and other all other organizational entities within (4) Support provided by State Defense domestic activities. Support provided the Department of Defense (hereafter Forces and National Guard activities not by National Guard forces performing referred to collectively as the ‘‘DoD covered by paragraph (c)(6) of this duty under title 32, U.S.C., is Components’’). section. considered DSCA but is conducted as a (b) Applies to the Army National (5) Counternarcotics operations. State-directed action. Also known as Guard (ARNG) and the Air National (6) Support provided by the United Civil Support (CS). Guard (ANG) in title 32 status. States Army Corps of Engineers when Imminently Serious Conditions. (c) Applies to all DSCA (except the accomplishing missions and Emergency conditions in which, in the specific forms of DSCA listed in responsibilities under Pub. L. 84–99, as judgment of a military commander or paragraph (d) of this section), including: amended. responsible DoD civilian official, (1) Military community affairs (7) Intelligence assistance provided by immediate and possibly serious danger programs or innovative readiness DoD intelligence and threatens the public and prompt action training (formerly called ‘‘civil-military counterintelligence components (see is needed to save lives, to safeguard cooperative action programs’’) (see DoD DoD Directive 5240.01,6 Executive public health or safety, or to prevent or Directive 1100.20).1 Orders 12333 and 13388, DoD 5240.1– mitigate great property or environmental (2) Mutual or automatic aid (see R,7 and other applicable laws and damage. Under these conditions, timely chapter 15A of title 42 U.S.C.). regulations). prior authority from higher headquarters (3) DoD fire and emergency services to provide DSCA may not be possible (8) Military community relations programs (see DoD Instruction before action is necessary for effective programs and activities administered by 6055.06).2 response. the Assistant Secretary of Defense for (4) United States Army Corps of Responsible DoD Civilian. For Public Affairs (see DoD Directive Engineers (USACE) activities as the purposes of DSCA, the head of a DoD Department of Defense Coordinating Component (or designee) or other DoD 3 Available by downloading at http:// civilian official or National Guard and Primary Agency for the National www.dtic.mil/whs/directives/corres/html/ Response Framework, Emergency 200015.htm. Federal technician who have authority Support Function #3, Public Works and 4 Available by downloading at http:// Engineering. www.dtic.mil/whs/directives/corres/html/ 8 Available by downloading at http:// (5) Activities performed by the Civil 510046.htm. www.dtic.mil/whs/directives/corres/pdf/ 5 Available by downloading at http:// 541018p.pdf. Air Patrol in support of civil authorities www.dtic.mil/whs/directives/corres/pdf/ 9 Available by downloading at http:// 100017p.pdf. www.dtic.mil/whs/directives/corres/pdf/ 1 Available by downloading at http:// 6 Available by downloading at http:// 541019p.pdf. www.dtic.mil/whs/directives/corres/html/ www.dtic.mil/whs/directives/corres/pdf/ 10 Document is classified and copies maybe 110020.htm. 524001p.pdf. requested by contacting USD(I), 2 Available by downloading at http:// 7 Available by downloading at http:// [email protected]. www.dtic.mil/whs/directives/corres/html/ www.dtic.mil/whs/directives/corres/pdf/ 11 Available by downloading at http:// 605506.htm. 524001r.pdf. www.dtic.mil/doctrine/jel/new_pubs/jp1_02.pdf.

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over DoD assets that may be used for a direction provided by higher all requests for assistance under section DSCA response. headquarters, and provide those 382 of title 10 and section 831 of title Special Event. An international or resources to save lives, to safeguard 18, U.S.C.; all support to domestic event, contest, activity, or public health or safety, or to prevent or counterterrorism operations; and all meeting, which by its very nature, or by mitigate great property or environmental support to law enforcement when there specific statutory or regulatory damage. is a potential for confrontation between authority, may require security, safety, (1) The DoD official directing a law enforcement and specifically and/or other logistical support or response under Immediate Response identified civilian individuals or assistance fro the Department of Authority shall immediately notify the groups. Defense. National Military Command Center (j) Only the Secretary of Defense, or a (NMCC), through the chain of designated representative, may § 185.4 Policy. command, of the details of the response. authorize DoD Components to procure It is DoD policy that: National Guard officials shall inform the and maintain supplies, materiel, and/or (a) This part shall be implemented NMCC through the National Guard equipment exclusively for providing consistent with national security Bureau. The NMCC will inform DSCA. objectives and military readiness. appropriate DoD components. (k) Programming and budgeting for (b) Unless expressly stated otherwise, (2) Immediate Response Authority DSCA shall be in accordance with the provisions of this part should not be ends when the necessity giving rise to existing laws, Department of Defense construed to rescind any existing the response is no longer present (e.g., issuances, and Secretary of Defense authorities of the Heads of DoD when there are sufficient resources authorization. Components, commanders, and/or available from State, local, and other (l) Federal military forces employed responsible DoD civilians to provide Federal agencies to respond adequately), for DSCA activities shall remain under DSCA in accordance with existing laws, when the initiating DoD or National Federal military command and control Department of Defense issuances, and Guard official or a higher authority at all times. Secretary of Defense approved orders. directs an end to the response, or when (m) Special event support to non- (c) DSCA is initiated by a request for an appropriate authority approves a governmental organizations is a DSCA DoD assistance from a civilian agency or request from another Federal activity. is ordered by the President or Secretary department or agency based on other of Defense. authorities. The DoD or National Guard § 185.5 Responsibilities. (d) All requests for DSCA shall be official directing a response under (a) The Under Secretary of Defense for written and include a commitment to Immediate Response Authority shall Policy (USD(P)) shall facilitate the reimburse the Department of Defense. reassess whether there remains a coordination of DoD policy governing Waivers or exceptions to reimbursement necessity for DoD to respond under this DSCA with Federal Departments and must be consistent with the law and/or authority as soon as practicable but, if Agencies, State agencies, and the DoD DoD policies. For assistance provided immediate response activities have not Components, as required. under paragraph (g) of this section, civil yet ended, not later than 72 hours after (b) The Assistant Secretary of Defense authorities shall be informed that oral resources have been employed. for Homeland Defense and Americas’ requests for assistance in an emergency (3) Support provided under Security Affairs (ASD(HD&ASA)), under must be followed by a written request at Immediate Response Authority should the authority, direction, and control of the earliest available opportunity. be provided on a cost-reimbursable the USD(P) exercising policy oversight (e) All requests for assistance from basis where appropriate or legally of homeland defense activities of the civil authorities shall be evaluated for required but will not be delayed or Department of Defense and performing legality, lethality, risk, cost (including denied based on the inability or other duties as directed by the Secretary the source of funding and the effect on unwillingness of the requester to make of Defense shall: the DoD budget), appropriateness, and a commitment to reimburse the (1) Serve as the principal civilian effect on readiness. Department of Defense. advisor to the Secretary of Defense and (f) DSCA plans shall be compatible (h) Federal military forces shall not be the USD(P) on DSCA. with the National Response Framework; used to quell civil disturbances or (2) Serve as the Defense Domestic the National Incident Management perform civilian law enforcement Crisis Manager in accordance with DoD System; all contingency plans for functions (e.g., search, seizure, arrest, Directive 3020.44.12 operations in the locations listed in and surveillance) unless specifically (3) Serve as approval authority for § 185.1(c) of this part; and any other authorized by the President or the requests for assistance from civil national plans (approved by the Secretary of Defense in accordance with authorities sent to the Secretary of President or Secretary of Defense) or applicable law (e.g., chapter 15 of title Defense, except for those items retained DoD issuances governing DSCA 10, U.S.C.). in section 185.4(h) and (i) of this part, (i) Only the Secretary of Defense, or operations. or delegated to other officials. Such (g) Commanders, (including National a designated representative, may matters shall be coordinated with the Guard Commanders), heads of DoD approve requests from civil authorities Chairman of the Joint Chiefs of Staff. In Components and/or responsible DoD for defense assistance during civil the absence of the ASD(HD&ASA), the civilian officials may provide Immediate disturbances; defense response to Principal Deputy Assistant Secretary of Response to a request for assistance chemical, biological, radiological, Defense for Homeland Defense and from a civilian authority, under nuclear, and/or high yield explosive Americas’ Security Affairs may exercise imminently serious conditions. This events; defense assets when there is a the authority of the ASD(HD&ASA) to Immediate Response Authority is potential for lethality (unless otherwise approve such requests. This authority exercised when time does not permit authorized in law or DoD policy); and may not be further delegated. The approval from higher headquarters. potentially lethal support of civilian law Responsible DoD civilian officials may enforcement agencies. Lethal support 12 Available by downloading at http:// employ the resources under their includes: loans of arms; vessels, or www.dtic.mil/whs/directives/corres/pdf/ control, subject to any supplemental aircraft; or ammunition. It also includes: 302044p.pdf.

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Secretary of Defense shall be notified coordination with the components of 185.4(j) and (k) of this part, and the immediately of the use of this authority. the National Disaster Medical System. Planning, Programming, Budgeting, and (4) Develop, coordinate, and oversee (2) Assist the ASD(HD&ASA) by Execution (PPBE) process. the implementation of DoD policy for providing recommendations, guidance, (4) Provide the Secretary of Defense DSCA and shall: and support on the use of the Reserve an implementation plan for ensuring (i) Through the Chairman of the Joint Components to perform DSCA missions. DSCA support is emphasized in Chiefs of Staff as it pertains to DSCA (3) Identify, monitor, and oversee the command assessments. matters, monitor the activation, development of integrated DSCA deployment, and employment of training capabilities and the integration (j) The Chief, National Guard Bureau, Federal military forces (including of these training capabilities into under the authority, direction, and Reserve Component forces), the exercises and training to build and control of the Secretary of Defense National Guard, DoD civilian personnel, sustain DSCA readiness. through the Secretaries of the Army and and all facilities, equipment, fiscal (f) The Assistant Secretary of Defense the Air, shall: accounts, supplies, and services owned for Reserve Affairs, under the authority, (1) Serve as the channel of by, controlled by, or under the direction, and control of USD(P&R), communication on all matters jurisdiction of a DoD Component in shall assist the ASD(HD&ASA) by pertaining to National Guard DSCA response to requests for DSCA and for providing recommendations, guidance, activities between the Secretary of Department of Defense support to and support on the use of the Reserve Defense and the Heads of the DoD special events; and provide oversight of Components to perform DSCA missions. Components (including the Secretary of DSCA training, exercises, and resources. (g) The Secretaries of the Military the Army and the Secretary of the Air (ii) In coordination with the General Departments shall: Force) and the States. Direct liaison Counsel of the Department of Defense, (1) Support DSCA operations as between both entities should occur only develop policies and procedures for directed and in accordance with this in an emergency when time does not DSCA support to civil law enforcement Directive, and shall ensure the readiness permit compliance with this Directive. authorities; coordinate long-range of the Military Departments to execute In each such instance, the Chief, NGB, policies and procedures that govern the plans for DSCA. should be informed of the provision of non-emergency support to (2) Ensure compliance with financial communication. civilian law enforcement agencies; management guidance related to (2) Annually assess the readiness of promote Department of Defense support provided for DSCA operations, the National Guard of the States to cooperation with public safety agencies; including guidance related to tracking conduct DSCA activities and report on and ensure that assistance is in costs and seeking reimbursement. this assessment to the Secretary of compliance with applicable law, (h) The Chairman of the Joint Chiefs Defense, the Secretaries of the Army and Presidential Directives, Executive of Staff shall: the Air Force, the USD(P&R), the (1) Advise the Secretary of Defense on orders, and Department of Defense ASD(HD&ASA), the ASD(RA), the the effects of requests for DSCA on policy. Chairman of the Joint Chiefs of Staff, national security and military readiness. (iii) Ensure that information relating and appropriate Combatant (2) Identify and coordinate available to all aspects of DSCA receives the Commanders. resources for DSCA requests and release broadest possible dissemination (3) Participate in the Joint Staff utilizing all approved media as related execute and deployment orders when approved by the Secretary of capability-based planning and appropriate and in accordance with assessments, the Joint Capabilities Department of Defense Directive Defense. 13 (3) Incorporate DSCA into joint Integration and Development System, 8320.02. and the DoD PPBE assessment for all (c) The Assistant Secretary of Defense training and exercise programs in actions pertaining to National Guard for Special Operations and Low consultation with the Department of capabilities required for DSCA. Intensity Conflict and Interdependent Homeland Security, other appropriate Capabilities, under the authority, Federal Departments and Agencies, and (4) Facilitate and deconflict the direction, and control of the USD(P), the National Guard Bureau. planning and use of National Guard shall support planning by the Defense (i) The Commanders of Combatant forces among the States to ensure that Domestic Crisis Manager during DSCA Commands with DSCA responsibilities adequate and balanced forces are operations, as required. in accordance with the Unified available and responsive for DSCA (d) The Under Secretary of Defense Command Plan shall: missions, consistent with national (Comptroller)/Chief Financial Officer (1) Through the Chairman of the Joint security objectives and priorities. shall establish policies and procedures Chiefs of Staff, plan and execute DSCA (k) The Heads of the DoD to ensure timely reimbursement to the operations in their areas of Components, in addition to the Department of Defense for reimbursable responsibility in accordance with this responsibilities in paragraphs (g), (h), DSCA activities. Directive, and in accordance with their (i), and (j) of this section, as applicable, (e) The Under Secretary of Defense for authorities assigned by the Unified shall: Personnel and Readiness (USD(P&R)) Command Plan and the Forces for Unified Commands Memorandum. (1) Ensure that any DSCA-related shall: Department of Defense issuances, (1) Assist the ASD(HD&ASA) by (2) Incorporate DSCA into joint training and exercise programs in concept plans, interagency agreements, providing recommendations, guidance, and memorandums of understanding or and support for all domestic crisis consultation with the Department of Homeland Security, other appropriate agreement with external agencies are in situations or emergencies that may full compliance with this Directive. require health or medical-related DSCA, Federal Departments and Agencies, and (2) Ensure compliance with financial including situations involving the National Guard Bureau. (3) Advocate for validated DSCA management guidance related to 13 Available by downloading at http:// requests for domestic operations support provided for DSCA operations, www.dtic.mil/whs/directives/corres/pdf/ through the Joint Requirements including guidance related to tracking 832002p.pdf. Oversight Council, subject to section costs and seeking reimbursement.

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Dated: November 26, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E8–28706 Filed 12–3–08; 8:45 am] BILLING CODE 5001–06–P

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Notices Federal Register Vol. 73, No. 234

Thursday, December 4, 2008

This section of the FEDERAL REGISTER requirements of 35 U.S.C. 209 and 37 • Federal eRulemaking Portal: Go to contains documents other than rules or CFR 404.7. http://www.regulations.gov/fdmspublic/ proposed rules that are applicable to the component/main?main=DocketDetail& public. Notices of hearings and investigations, Richard J. Brenner, d=APHIS-2008-0116 to submit or view committee meetings, agency decisions and Assistant Administrator. comments and to view supporting and rulings, delegations of authority, filing of [FR Doc. E8–28759 Filed 12–3–08; 8:45 am] petitions and applications and agency related materials available BILLING CODE 3410–03–P statements of organization and functions are electronically. examples of documents appearing in this 2. Under Postal Mail/Commercial section. Delivery, correct ‘‘four copies of your DEPARTMENT OF AGRICULTURE comment (an original and three copies)’’ to read ‘‘two copies of your comment’’. Animal and Plant Health Inspection DEPARTMENT OF AGRICULTURE Service Done in Washington, DC, this 28th day of November 2008. Agricultural Research Service [Docket No. APHIS–2008–0116] Kevin Shea, Notice of Intent To Grant Exclusive Acting Administrator, Animal and Plant Notice of Request for Extension of Health Inspection Service. License Approval of an Information Collection; [FR Doc. E8–28761 Filed 12–3–08; 8:45 am] Standards for Privately Owned AGENCY: BILLING CODE 3410–34–P Agricultural Research Service, Quarantine Facilities for Ruminants; USDA. Correction ACTION: Notice of intent. AGENCY: Animal and Plant Health DEPARTMENT OF AGRICULTURE SUMMARY: Notice is hereby given that Inspection Service, USDA. Forest Service the U.S. Department of Agriculture, ACTION: Notice; correction. Agricultural Research Service, intends California Recreation Resource SUMMARY: We are correcting errors in to grant to Cherokee Fabrication of Advisory Committee Salem, Alabama, an exclusive license to our notice to request an extension of U.S. Patent No. 7,078,913, ‘‘Multipath approval of an information collection AGENCY: Pacific Southwest Region, Resistant Microwave Moisture Sensor’’, associated with regulations for privately Forest Service, U.S. Department of issued on July 18, 2006. owned quarantine facilities for Agriculture. DATES: Comments must be received ruminants. The notice was published in ACTION: Request for applications. within thirty (30) days of the date of the Federal Register on November 5, SUMMARY: Applications are being sought publication of this Notice in the Federal 2008 (73 FR 65821–65822, Docket No. for certain positions on the California Register. APHIS–2008–0116). FOR FURTHER INFORMATION CONTACT: Dr. Recreation Resource Advisory ADDRESSES: Send comments to: USDA, James Davis, Senior Staff Veterinarian, Committee. New members will be ARS, Office of Technology Transfer, National Center for Import and Export, appointed by the Secretary of 5601 Sunnyside Avenue, Rm. 4–1174, VS, APHIS, 4700 River Road, Unit 39, Agriculture and serve three-year terms. Beltsville, Maryland 20705–5131. Riverdale, MD 20737; (301) 734–8364. Appointments will begin July 2009 FOR FURTHER INFORMATION CONTACT: June SUPPLEMENTARY INFORMATION: On when current member appointments Blalock of the Office of Technology November 5, 2008, we published in the expire. One member is being sought to Transfer at the Beltsville address given Federal Register (73 FR 65821–65822, represent each of the following interests: above; telephone: 301–504–5989. Docket No. APHIS–2008–0116) a notice (1) Winter Motorized Recreation, (2) SUPPLEMENTARY INFORMATION: The announcing the Animal and Plant Hunting and Fishing; and (3) Motorized Federal Government’s patent rights in Health Inspection Service’s intention to Outfitting and Guiding or Local this invention are assigned to the United request an extension of approval of an Environmental Groups. The public is invited to submit States of America, as represented by the information collection associated with applications for these positions. Current Secretary of Agriculture. It is in the regulations for privately owned members who have only served one public interest to so license this quarantine facilities for ruminants. In term may reapply. Application packages invention as Cherokee Fabrication of the notice on page 65821, under can be obtained at http://www.fs.fed.us/ Salem, Alabama, has submitted a ADDRESSES, the information for passespermits/rrac-application.shtml or complete and sufficient application for submission of comments through the by e-mailing [email protected]. a license. The prospective exclusive Regulations.gov Web site and postal Interested parties may also contact license will be royalty-bearing and will mail/commercial delivery was incorrect. Frances Enkoji, U.S. Forest Service, at comply with the terms and conditions This document corrects those errors. of 35 U.S.C. 209 and 37 CFR 404.7. The 707–562–8846. prospective exclusive license may be Correction DATES: All applications must be granted unless, within thirty (30) days In FR Doc. E8–26384, published on received by January 5, 2009. This from the date of this published Notice, November 5, 2008, on page 65821, first timeframe can be extended if officials the Agricultural Research Service column, under ADDRESSES, make the do not receive applications for the receives written evidence and argument following corrections: needed positions. which establishes that the grant of the 1. Correct the Federal eRulemaking ADDRESSES: Interested parties may license would not be consistent with the Portal section to read as follows: submit applications by mail to Frances

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Enkoji, U.S. Forest Service, 1323 Club both members and alternates. The In the proposed land exchange the Drive, Vallejo, CA 94592. alternate will become a participating Forest Service would acquire FOR FURTHER INFORMATION CONTACT: member of the Recreation RAC only if approximately 39,371 acres of land in Anyone wanting further information the member for whom the alternate is the upper Lochsa River drainage in regarding the California Recreation appointed to replace leaves the exchange for up to approximately Resource Advisory Committee may committee permanently. Recreation 28,212 acres of National Forest System contact Marlene Finley, Designated RAC members serve without pay but are (NFS) land. It is anticipated that this is Federal Official, Pacific Southwest reimbursed for travel and per diem more than adequate federal acreage to Region Recreation RAC, 1323 Club expenses for regularly scheduled complete an equal value land exchange. Drive, Vallejo, CA 94592; 707–562– meetings. All Recreation RAC meetings The NFS lands are located on the 8856. are open the public and an open public Clearwater, Nez Perce and Idaho forum is part of each meeting. Meeting Panhandle National Forests. SUPPLEMENTARY INFORMATION: The dates and time will be determined by DATES: Comments concerning the scope Federal Lands Recreation Enhancement agency officials in consultation with the of the analysis should be received by Act (REA), signed December 2004, Recreation RAC members. January 5, 2009. The draft requires that the Forest Service and environmental impact statement is Bureau of Land Management provide Dated: November 26, 2008. expected Summer 2009, and the final Recreation RACs with an opportunity to Lynn Boone, environmental impact statement is make recommendations to the two Acting Designated Federal Official, expected Spring 2010. agencies on implementing or Recreation RAC, Pacific Southwest Region. ADDRESSES: eliminating standard amenity fees; [FR Doc. E8–28686 Filed 12–3–08; 8:45 am] Send written comments to: Tom Reilly, Forest Supervisor, expanded amenity fees; and BILLING CODE 3410–11–M noncommercial special recreation Clearwater National Forest, c/o Teresa permit fees; expanding or limiting the Trulock, Project Manager, 903 3rd recreation fee program; and fee level DEPARTMENT OF AGRICULTURE Street, Kamiah, Idaho 83536. Electronic changes. Each Recreation RAC consists comments may be sent to comments- of 11 members appointed by the Forest Service [email protected] with the Secretary. subject line ‘‘Upper Lochsa Land Clearwater National Forest; Idaho; Nomination Information: Applicants Exchange’’. Acceptable formats are MS Upper Lochsa Land Exchange EIS must complete an AD–755 form Word or RTF. (Advisory Committee or Search and AGENCY: Forest Service, USDA. FOR FURTHER INFORMATION CONTACT: Teresa Trulock, Project Manager at the Promotion Background Information) and ACTION: Notice of Intent to Prepare an Clearwater National Forest (208) 935– provide a narrative that addresses the Environmental Impact Statement. following: 4256. (1) What group or perspective they SUMMARY: In April 2006 the Forest SUPPLEMENTARY INFORMATION: represent and how they are qualified to Service received a proposal from represent that group; Western Pacific Timber LLC (WPT) in Purpose and Need for Action (2) Why they want to serve on the which a major exchange of land was The purpose of this proposed land committee and what they can proposed. The WPT proposal included exchange is to consolidate land contribute; approximately 40,000 acres of ownership in the upper Lochsa River (3) Their past experience in working checkerboard land intermingled with drainage to provide more efficient and successfully as part of a collaborative the Clearwater National Forest near effective resource management. This group. Powell, Idaho. These checkerboard purpose can be achieved by exchanging Letters of recommendation are lands are of interest to the Forest parcels of federal lands for WPT lands. welcome but not required. Applicants Service because they encompass the The current ownership pattern has a do not need to live in a state within a headwaters of the Lochsa River and considerable effect on how the Forest particular Recreation RAC’s area of hold outstanding values for many fish Service manages NFS lands in the upper jurisdiction nor live in a state in which and wildlife species. The checkerboard Lochsa River drainage. Over the years, Forest Service managed lands are lands also hold significant cultural differing management practices on the located. Application packages, resources including the Lewis and Clark private lands have influenced resource including evaluation criteria and AD– National Historic Trail and Nez Perce management decision on the NFS lands. 755 are available at http:// Tribe treaty area. The mixed ownership pattern also www.fs.fed.us/passespermits/rrac In September 2008 the Clearwater reduces the ability to apply ecosystem application.shtml or by contacting the National Forest completed a feasibility management principles across the Pacific Southwest Region as identified analysis of the proposed exchange as a landscape. More effective conservation in this notice. Completed application first level screen to review forest and management of natural resources packages must be received by January 5, management plans, identify public can be achieved by consolidating these 2009. Additional information about the benefit, identify availability of resources lands and managing the ecosystem as a California Recreation RAC can be found to complete the proposed exchange, whole. For example, current ownership at http://www.fs.fed.us/r5/passes/rrac or identify title and property descriptions results in an inability to use fuel and about recreation fees at http:// and identify potential support and topography to engage fires on a cost www.fs.fed.us/passespermits/about-rec- opposition. The outcome of the effective basis. Also more efficiency can fees.shtml. The Forest Service will also feasibility analysis was a be gained by reducing administrative work the Governor and local officials to recommendation to enter into an costs associated with boundary identify potential applicants. The Forest Agreement to Initiate a land exchange maintenance and cost share roads. Service and Bureau of Land with WPT. The agreement, signed by In general the land exchange provides Management will review applications both parties in September, specifies the the opportunity for the Forest Service to and prepare a list of qualified applicants roles and responsibilities of each party acquire checkerboard lands which from which the Secretary shall appoint involved in the exchange. encompass the headwaters of the Lochsa

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River, and hold outstanding values for in the administrative record. Deed notice of three public meetings held in aquatic and terrestrial species along Restriction Alternative—An alternative Elk River, Moscow and Elk City, Idaho with significant cultural resources. that considers requiring specific deed in late November 2008. A legal notice in restrictions on federal lands being the Lewiston Tribune and Spokesman Proposed Action conveyed to comply with legal, Review, the newspapers of record for The Forest Service proposes to regulatory requirements, executive the Clearwater, Nez Perce and Idaho exchange up to 28,212 acres, more or orders, policy, and/or to meet respective Panhandle National Forests, are being less, of NFS land for approximately Forest Plan management requirements. used to give the public general notice of 39,371 acres of WPT land. The lands the scoping period. The first formal Responsible Official included in this proposed exchange are opportunity to comment is to respond to located within Benewah, Clearwater, Thomas K. Reilly, Forest Supervisor, the scoping notice or this Notice of Latah, Shoshone, Bormer, Kootenai and Clearwater National Forest, 12730 Intent, which initiate the scoping Idaho Counties. Highway 12, Orofino, Idaho 83544. process (40 CFR 1501.7). Scoping The proposed federal lands are 46 Nature of Decision To Be Made includes: (1) Identifying potential scattered tracts of land ranging in size issues, (2) narrowing the potential from the 6.35 acre FS district compound Authorization to permit land issues and identifying significant issues exchange between the Forest Service in Elk City, Idaho to a contiguous tract from those that have been covered by and Western Pacific Timber of up to approximately 7,680 acres northeast of prior environmental review, (3) 28,145 acres of NFS land for Elk City. Forty-three of the NFS tracts exploring alternatives in addition to no approximately 40,023 acres of Western are relatively small (from 6.35 to about action, and (4) identifying potential Pacific Timber land. In the decision, the 1,300 acres) and for the most part are environmental effects of the proposed Forest Supervisor will answer the timbered. The three remaining NFS action and alternatives. Comments are following questions based on the tracts are relatively large. One large invited on the proposed action, possible environmental analysis: (1) Whether the block of land near Elk River on the alternatives, and issues that should be proposed action will proceed as Clearwater NF is about 6,000 acres. This considered. The Forest Service is asking proposed, as modified by an alternative, is timbered land intermingled with for public comment by January 5, 2009. private timber lands and has one or not at all? (2) Whether the project If you decide to comment on the Upper common border with other NFS lands. requires any Forest Plan amendments. Lochsa Land Exchange proposal, please Two large blocks on the Nez Perce NF This decision will be documented in the include the following: (1) Your name, near Elk City are approximately 3,200 Record of Decision for the Upper Lochsa address, and organization represented, if and 7,680 acres, are timbered and are Land Exchange Environmental Impact any; (2) title of the project for which contiguous to other NFS lands except on Statement (EIS). If the decision that is comments are being submitted; and (3) one side which borders private made would require an amendment to specific facts and supporting reasons for timberlands or BLM. Federal lands any of the Forest Plans, the analysis and the Responsible Official to consider. proposed for trade are characterized by documentation for the amendment will Those who comment will be put on the intermingled ownerships, irregular be included. The decision will be project mailing list. boundaries, and inholdings. subject to appeal in accordance with 36 The WPT lands proposed for CFR part 215. Preliminary Issues exchange are checkerboard lands Scoping Process The Forest Service has identified the intermingled with Clearwater National following potential issues. No The Forest Service is seeking Forest lands in the upper Lochsa River determination has been made as to information, comments, and assistance drainage. For the past 50 years, WPT which issues will be examined in detail from individuals, organizations and lands were managed primarily for in the environmental analysis. Your federal, state, and local agencies that timber production. For the most part input will help identify additional may be interested in or affected by the these lands currently meet State Best issues related to the proposed action proposed action. The Clearwater Management Practices for timber that may not be listed here. Impacts to National Forest has scheduled the production lands. The proposed action Idaho County tax base from increased preparation of an EIS to disclose the would authorize the transfer of land federal lands Treaty Rights. ownership and management authority, environmental effects of the proposed • The loss of the Elk City Forest including the mineral estate, between project and determine whether the Service compound and associated the two parties. The proposed action proposed land exchange meets Forest impacts to the Nez Perce NF and the would not authorize any site-specific Plan objectives. Public comments will community of Elk City. management activities by either party. be considered and disclosed in the • Cultural Resources. environmental analysis documented in • Possible Alternatives Threatened and Endangered the Upper Lochsa Land Exchange EIS. Species. At a minimum, the following The EIS will evaluate the proposed • Public Access. alternatives must be considered and action, no action, purchase and deed • Timber Management. evaluated appropriately. Proposed restriction alternatives along with other Early Notice of Importance of Public Action—Described above. No Action— alternatives that may be developed Participation in Subsequent Under this alternative the proposed land during this process. Environmental Review: A draft exchange between the Forest Service Public involvement was initiated environmental impact statement will be and WPT would not occur. Purchase November 7, 2008 by sending a scoping prepared for comment. The comment Alternative—Land exchange evaluations notice to parties on a mailing list period on the draft environmental shall consider a purchase alternative in prepared by the Clearwater National impact statement will be 45 days from the environmental analysis and Forest. Public participation is being the date the Environmental Protection document the non-Federal party’s solicited by notifying in person and/or Agency publishes the notice of position on the United States’ direct by mail known interested and affected availability in the Federal Register. purchase of all or portion of the parties. Announcements in area The Forest Service believes, at this proposed exchange parcels documented newspapers were used to give local early stage, it is important to give

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reviewers notice of several court rulings DEPARTMENT OF AGRICULTURE revised EIS on a proposal to harvest related to public participation in the dead trees on approximately 10,366 environmental review process. First, Forest Service acres within the Moonlight Fire and reviewers of draft environmental impact Antelope Complex (includes Wheeler Plumas National Forest; CA; Moonlight statements must structure their Fire) perimeters. The proposal also and Wheeler Fires Recovery and participation in the environmental includes harvesting dead and dying Restoration Project review of the proposal so that it is hazard trees on 4,389 acres along meaningful and alerts an agency to the AGENCY: Forest Service, USDA. National Forest System (NFS) roads in the Moonlight Fire perimeter. The reviewer’s position and contentions. ACTION: Revised notice of intent to Moonlight Fire and Antelope Complex Vermont Yankee Nuclear Power Corp. v. prepare a revised draft Environmental burned about 88,000 acres between July NRDC, 435 U.S. 519, 553 (1978). Also, Impact Statement (EIS). and September 2007 on the Plumas environmental objections that could be National Forest. raised at the draft environmental impact Introduction: A notice of intent to DATES: The revised draft EIS is expected statement stage but that are not raised prepare an EIS for the Moonlight Fire in February 2009. The revised final EIS until after completion of the final Recovery and Restoration Project was published in the Federal Register on is expected in April 2009. A decision is environmental impact statement may be expected in May 2009. waived or dismissed by the courts. City Monday, January 7, 2008 (Vol. 73, No.4, pp. 1201–1202). After scoping the ADDRESSES: Send written comments to of Angoon v. Hodel, 803 F.2d 1016, Moonlight Fire and Wheeler Fire Rich Bednarski, Interdisciplinary Team 1022 (9th Cir. 1986) and Wisconsin Recovery and Restoration Projects Leader, Mt. Hough Ranger District, Heritages, Inc. v. Harris, 490 F. Supp. separately in December 2007, the Forest 39696 Highway 70, Quincy, CA 95971. 1334, 1338 (E.D. Wis. 1980). Because of Service, Plumas National Forest, has Comments may be: (1) Mailed; (2) hand these court rulings, it is very important merged the two projects together. In delivered between the hours of 8 a.m. that those interested in this proposed December 2007, the Mt. Hough Ranger and 4:30 p.m. weekdays Pacific Time; action participate by the close of the 45- District of the Plumas National Forest (3) faxed to (530) 283–1821; or (4) day comment period so that substantive began the process to determine the electronically mailed to: comments- comments and objections are made scope (the depth and breadth) of the pacificsouthwestplumas- available to the Forest Service at a time environmental analysis. At that time, it [email protected]. when it can meaningfully consider them was anticipated that the Moonlight Fire Please indicate the name ‘‘Moonlight and respond to them in the final Recovery and Restoration Project and Wheeler Fires Recovery and environmental impact statement. analysis would be documented in an Restoration Project’’ on the subject line of your e-mail. Comments submitted To assist the Forest Service in EIS and the Wheeler Fire Recovery and electronically must be in Rich Text identifying and considering issues and Restoration Project analysis would be documented in an Environmental Format (.rtf), plain text format (.txt), or concerns on the proposed action, Word format (.doc). comments on the draft environmental Assessment. From comments received, FOR FURTHER INFORMATION CONTACT: Rich impact statement should be as specific it was determined to document the analysis for both projects in one EIS. Bednarski, Interdisciplinary Team as possible. It is also helpful if The new project name is Moonlight and Leader, Mt. Hough Ranger District, comments refer to specific pages or Wheeler Fires Recovery and Restoration 39696 Highway 70, Quincy, CA 95971. chapters of the draft statement. Project. A second notice of intent to Telephone: (530) 283–7641 or electronic Comments may also address the prepare an ElS for the Moonlight and address: [email protected]. adequacy of the draft environmental Wheeler Fires Recovery and Restoration SUPPLEMENTARY INFORMATION: The impact statement or the merits of the Project was published in the Federal proposed action is designed to meet the alternatives formulated and discussed in Register on Thursday, May 22, 2008 standards and guidelines for land the statement. Reviewers may wish to (Vol. 73, No. 100, pp. 29735–29736). management activities in the Plumas refer to the Council on Environmental The Moonlight Safety and Roadside National Forest Land and Resource Quality Regulations for implementing Hazard Tree Removal Project was a Management Plan (1988), as amended the procedural provisions of the separate project identified to remove by the Herger-Feinstein Quincy Library National Environmental Policy Act at 40 hazardous trees with structural defects Group (HFQLG) Final Supplemental CFR 1503.3 in addressing these points. likely to cause failure in all or part of Environmental Impact Statement Comments received, including the the tree, which may fall and hit the road (FSEIS) and Record of Decision (ROD) names and addresses of those who prism within the next three years. (1999, 2003), and as amended by the comment, will be considered part of the Moonlight Safety and Roadside Hazard Sierra Nevada Forest Plan Amendment public record on this proposal and will Tree Removal Project was being FSEIS and ROD (2004). The proposed be available for public inspection. analyzed utilizing a categorical project is located in Plumas County, exclusion (category 4) and overlapped California, within the Mt. Hough Ranger Authority: 40 CFR 1501.7 and 1508.22; with a portion of the Moonlight and District of the Plumas National Forest. Forest Service Handbook 1909.15, Section Wheeler Fires Recovery and Restoration The project is located in all or portions 21. Project. From comments received, it was of: Sections 13, 23–27, 34–35, T28N, Dated: November 26, 2008. determined to document the analysis for R1OE; sections 13–14, 17–19, 23–24, Thomas K. Reilly, both projects in one EIS. A revised draft 29–34, T28N, R11E; sections 19–20, 29– EIS will be prepared as the purpose and 32, T28N, R12E; sections 1–2, 13–14, Forest Supervisor, Clearwater National Forest. need of this project will change, and the 23–25, T27N, R1OE; sections 2–11, 13– [FR Doc. E8–28670 Filed 12–3–08; 8:45 am] project name will remain Moonlight and 15, 17, 19–22, 25, 35–36, T27N, Ri 1E; BILLING CODE 3410–11–M Wheeler Fires Recovery and Restoration sections 5, 8, 17–20, 29–32, T27N, RI2E; Project. sections 1–5, 9–12, 14–16, 21–23, and SUMMARY: The USDA, Forest Service, 26–27, T26N, R12E; sections 23–29 and Plumas National Forest will prepare a 31–36, T27N, R12E; and sections 19, 20,

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and 30, T27N, R13E; Mount Diablo Skyline yarding would require one end Project and for the categorical exclusion Meridian. suspension, with full suspension over Moonlight Safety and Roadside Hazard intermittent or perennial streams. Dead Tree Removal Project will be considered Purpose and Need for Action conifers would be harvested from in the combined analysis. Additional The purposes of the project are: (1) To Riparian Habitat Conservation Areas comments on the Moonlight and remove hazardous trees with structural (RHCAs). Equipment restriction zone Wheeler Fires Recovery and Restoration defects likely to cause failure in all or widths within RHCAs would be Project will also be considered. Scoping part of the tree, which may fall and hit established, based on the stream type comments will be most helpful if the road prism within the next three and steepness of the slope adjacent to received by December 12, 2008. years; (2) to recover the value of the the streams. Snags would be retained in Permits or Licenses Required dead trees before natural deterioration snag retention areas, which are occurs in the treatment areas; and (3) to approximately ten acres in size, within An Air Pollution Permit and a Smoke re-establish forested conditions. The salvage unitson approximately ten Management Plan are required by local project would harvest dead and dying percent of the project area. Harvest agencies. hazard trees that pose a safety hazard to activities would not occur within the Early Notice of Importance of Public the public along 120 miles of NFS roads snag retention areas except for Participation in Subsequent within the Moonlight Fire perimeter; operability (safety) reasons. Environmental Review harvest dead merchantable trees before Approximately 19 miles of temporary A revised draft EIS will be prepared the economic value is lost to natural roads would be constructed. for comment. The comment period on deterioration; and reforest specific areas Approximately 30 acres of helicopter within the Moonlight Fire and Antelope the revised draft EIS will be 45 days landings (fourteen) would be from the date the Environmental Complex perimeters. constructed. Excess fuels on landings Hazard trees need to be removed in a Protection Agency publishes the notice would be piled, a fireline constructed timely, efficient, and cost-effective of availability in the Federal Register. around the piles, and the piles burned. manner so that access to affected areas The Forest Service believes, at this Following completion of the project, can be restored and normal National early stage, it is important to give temporary roads and landings would be Forest operations can resume. The wood reviewers notice of several court rulings subsoiled, reforested, and closed. quality, volume, and value of dead trees related to public participation in the Approximately 16,006 acres would be deteriorate rapidly. Given the rate of environmental review process. First, reforested with conifer seedlings in deterioration of the dead trees within reviewers of draft EISs must structure widely spaced clusters to emulate a the project area, there is an immediate their participation in the environmental naturally established forest. The areas need to recover the economic value. The review of the proposal so that it is National Forest Management Act would be reforested with a mixture of meaningful and alerts an agency to the (NFMA) sets policy to maintain native species. reviewer’s position and contentions. appropriate forest cover in accordance Possible Alternatives Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978). with Forest plans and requires best In addition to the proposed action, effort to reforest within 5 years after Also, environmental objections that four other alternatives would be could be raised at the draft EJS stage, harvest. As it relates to wildfires, it is analyzed, a no action alternative Agency policy to consider post-fire but that are not raised until after (alternative B), a ground-based only completion of the final EIS, may be salvage harvest the functional action alternative (alternative C), an equivalent of a regeneration harvest and waived or dismissed by the courts. City action alternative consistent with the of Angoon v. Hodel, 803 F.2d 1016, to make a best effort to recover forested 2001 SNFPA ROD (alternative D), and a conditions within 5 years after harvest. 1022 (9th Cir. 1986) and Wisconsin roadside hazard only action alternative Heritages, Inc. v. Harris, 490 F. Supp. Proposed Action (alternative E). 1334, 1338 (E.D. Wis. 1980). Because of The proposed action would harvest Lead and Cooperating Agencies these court rulings, it is very important dead and/or dying conifer trees on The USDA, Forest Service is the lead that those interested in this proposed approximately 14,755 acres (10,366 agency for this proposal. action participate by the close of the 45- acres of dead trees and 4,389 acres of day comment period so that substantive dead and dying roadside hazard trees) Responsible Official comments and objections are made using the following methods: Ground Alice B. Canton, Plumas National available to the Forest Service at a time based, skyline, and helicopter. Dead Forest Supervisor, PO Box 11500, when it can meaningfully consider them trees greater than 14 inches diameter at Quincy, CA 95971. and respond to them in the final EIS. breast height (dbh) would be whole tree To assist the Forest Service in harvested on the ground-based areas. Nature of Decision To Be Made identifying and considering issues and Approximately 8,536 acres would have The decision to be made is whether concerns on the proposed action, trees less than 14 inches dbh removed to: (1) Implement the proposed action; comments on the revised draft EIS as biomass material. Ground-based (2) meet the purpose and need for action should be as specific as possible. It is equipment would be restricted to slopes through some other combination of also helpful if comments refer to less than 35 percent, except on activities; or, (3) take no action at this specific pages or chapters of the revised decomposed granitic soils where time. draft EIS. Comments may also address equipment would be restricted to slopes the adequacy of the revised draft EIS or less than 25 percent. On the skyline and Scoping Process the merits of the alternatives formulated helicopter areas, trees greater than 16 Scoping is conducted to determine and discussed in the statement. inches dbh would be harvested. Limbs the significant issues that will be Reviewers may wish to refer to the and tops in skyline, helicopter, and addressed during the environmental Council on Environmental Quality ground-based units (not removed as analysis. Comments that were received Regulations for implementing the biomass) would be lopped and scattered for the first draft EJS for Moonlight and procedural provisions of the National to a depth less than 18 inches in height. Wheeler Fires Recovery and Restoration Environmental Policy Act at 40 CFR

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1503.3 in addressing these points. Barnes, Chief, Environmental, information is necessary for the proper Comments received, including the Economics, and Demographics Branch, performance of the functions of the names and addresses of those who National Agricultural Statistics Service, agency, including whether the comment, will be considered part of the U.S. Department of Agriculture, (202) information will have practical utility; public record on this proposal and will 720–6146. (b) the accuracy of the agency’s estimate be available for public inspection. SUPPLEMENTARY INFORMATION: of the burden of the proposed collection Authority: 40 CFR 1501.7 and 1508.22; Title: Agricultural Labor Survey. of information including the validity of Forest Service Handbook 1909.15, Section OMB Control Number: 0535–0109. the methodology and assumptions used; 21. Expiration Date of Approval: April 30, (c) ways to enhance the quality, utility, Dated: November 24, 2008. 2009. and clarity of the information to be collected; and (d) ways to minimize the Alice B. Carlton, Type of Request: Intent to Seek burden of the collection of information Forest Supervisor. Approval to Revise and Extend an Information Collection. on those who are to respond, through [FR Doc. E8–28558 Filed 12–3–08; 8:45 am] Abstract: The primary objective of the the use of appropriate automated, BILLING CODE 3410–11–M National Agricultural Statistics Service electronic, mechanical, technological, or is to prepare and issue State and other forms of information technology collection techniques. DEPARTMENT OF AGRICULTURE national estimates of crop and livestock production, disposition, and prices. The All responses to this notice will National Agricultural Statistics Service Agricultural Labor Survey provides become a matter of public record and be statistics on the number of agricultural summarized in the request for OMB Notice of Intent To Request Revision workers, hours worked, and wage rates. approval. and Extension of a Currently Approved Number of workers and hours worked Signed at Washington, DC, November 19, Information Collection are used to estimate agricultural 2008. productivity; wage rates are used in the AGENCY: National Agricultural Statistics Joseph T. Reilly, administration of the ‘‘H–2A’’ Program Associate Administrator. Service. and for setting Adverse Effect Wage [FR Doc. E8–28758 Filed 12–3–08; 8:45 am] ACTION: Notice and request for Rates. Survey data are also used to carry comments. out provisions of the Agricultural BILLING CODE 3410–20–P Adjustment Act. The current expiration SUMMARY: In accordance with the date for this docket is April 30, 2009. Paperwork Reduction Act of 1995, this DEPARTMENT OF AGRICULTURE NASS intends to request that the notice announces the intention of the Agricultural Labor Survey be approved National Agricultural Statistics Service National Agricultural Statistics Service for another 3 years. (NASS) to request revision and Authority: These data will be Notice of Intent To Request Revision extension of a currently approved collected under the authority of 7 U.S.C. and Extension of a Currently Approved information collection, the Agricultural 2204(a). Individually identifiable data Information Collection Labor Survey. Revision to burden hours collected under this authority are may be needed due to changes in the governed by Section 1770 of the Food AGENCY: National Agricultural Statistics size of the target population, sampling Security Act of 1985, 7 U.S.C. 2276, Service, USDA. design, and/or questionnaire length. which requires USDA to afford strict ACTION: Notice and request for DATES: Comments on this notice must be confidentiality to non-aggregated data comments. received by February 2, 2009 to be provided by respondents. This notice is assured of consideration. submitted in accordance with the SUMMARY: In accordance with the ADDRESSES: You may submit comments, Paperwork Reduction Act of 1995 (Pub. Paperwork Reduction Act of 1995, this identified by docket number 0535–0109, L. 104–13) and Office of Management notice announces the intention of the by any of the following methods: and Budget regulations at 5 CFR part • National Agricultural Statistics Service E-mail: [email protected]. 1320 (60 FR 44978, August 29, 1995). (NASS) to request revision and Include docket number above in the Estimate of Burden: This information extension of a currently approved subject line of the message. collection comprises four individual information collection, the Mink • Fax: (202) 720–6396. surveys, two of which are conducted • Survey. Revision to burden hours may Mail: Mail any paper, disk, or CD– annually and two which are conducted be needed due to changes in the size of ROM submissions to: David Hancock, quarterly, for an estimated total of the target population, and/or NASS Clearance Officer, U.S. 72,000 responses. The public reporting questionnaire length. The target Department of Agriculture, Room 5336 burden for this information collection is population will be pulled from positive South Building, 1400 Independence estimated to average 15 minutes per data reported on the 2007 Census of Avenue, SW., Washington, DC 20250– response. Agriculture, once it is finalized. The 2024. Respondents: Farms and businesses. • questionnaire that NASS is planning to Hand Delivery/Courier: Hand Estimated Number of Respondents: use is the same as what was used in deliver to: David Hancock, NASS 12,300. previous years. Any changes to the Clearance Officer, U.S. Department of Estimated Total Annual Burden on questionnaire would result from Agriculture, Room 5336 South Building, Respondents: 12,500 hours. requests by industry data users. 1400 Independence Avenue, SW., Copies of this information collection Washington, DC 20250–2024. and related instructions can be obtained DATES: Comments on this notice must be FOR FURTHER INFORMATION CONTACT: without charge from David Hancock, received by February 2, 2009 to be Joseph T. Reilly, Associate NASS Clearance Officer, at (202) 690– assured of consideration. Administrator, National Agricultural 2388. ADDRESSES: You may submit comments, Statistics Service, U.S. Department of Comments: Comments are invited on: identified by docket number 0535–0212, Agriculture, (202) 720–4333 or Kevin (a) Whether the proposed collection of by any of the following methods:

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• E-mail: [email protected]. Estimated Number of Responses per III. Announcements. Include docket number above in the Respondent: 0.80 IV. Staff Director’s Report. subject line of the message. Estimated Total Annual Burden on V. Program Planning. • Fax: (202) 720–6396. Respondents: 75 hours. • Update on Status of 2009 Statutory • Mail: Mail any paper, disk, or CD– Copies of this information collection Report. • ROM submissions to: David Hancock, and related instructions can be obtained Briefing Report on Minorities in NASS Clearance Officer, U.S. without charge from David Hancock, Special Education. Department of Agriculture, Room 5336 NASS Clearance Officer, at (202) 690– VI. Future Agenda Items. South Building, 1400 Independence 2388. VII. Adjourn. Avenue, SW., Washington, DC 20250– Comments: Comments are invited on: CONTACT PERSON FOR FURTHER 2024. (a) Whether the proposed collection of INFORMATION: Lenore Ostrowsky, Acting • Hand Delivery/Courier: Hand information is necessary for the proper Chief, Public Affairs Unit, (202) 376– deliver to: David Hancock, NASS performance of the functions of the 8582. Clearance Officer, U.S. Department of agency, including whether the Dated: December 2, 2008. Agriculture, Room 5336 South Building, information will have practical utility; David Blackwood, 1400 Independence Avenue, SW., (b) the accuracy of the agency’s estimate Washington, DC 20250–2024. General Counsel. of the burden of the proposed collection [FR Doc. E8–28900 Filed 12–2–08; 4:15 pm] FOR FURTHER INFORMATION CONTACT: of information including the validity of BILLING CODE 6335–01–P Joseph T. Reilly, Associate the methodology and assumptions used; Administrator, National Agricultural (c) ways to enhance the quality, utility, Statistics Service, U.S. Department of and clarity of the information to be DEPARTMENT OF COMMERCE Agriculture, (202) 720–4333. collected; and (d) ways to minimize the SUPPLEMENTARY INFORMATION: burden of the collection of information International Trade Administration Title: Mink Survey. on those who are to respond, through OMB Control Number: 0535–0212. the use of appropriate automated, [Application No. 08–00009] Expiration Date of Approval: April 30, electronic, mechanical, technological, or 2009. other forms of information technology Export Trade Certificate of Review Type of Request: Intent to Seek collection techniques. Approval to Revise and Extend an ACTION: Notice of application for an All responses to this notice will Export Trade Certificate of Review from Information Collection. become a matter of public record and be Abstract: The primary objective of the Golden Tree Trading Company summarized in the request for OMB (‘‘GTTC’’). National Agricultural Statistics Service approval. is to prepare and issue State and SUMMARY: Export Trading Company national estimates of crop and livestock Signed at Washington, DC, November 19, 2008. Affairs (‘‘ETCA’’), International Trade production, prices, and disposition. The Administration, Department of Mink Survey collects data on the Joseph T. Reilly, Associate Administrator. Commerce, has received an application number of mink pelts produced, the for an Export Trade Certificate of [FR Doc. E8–28760 Filed 12–3–08; 8:45 am] number of females bred, and the number Review (‘‘Certificate’’). This notice of mink farms. Mink estimates are used BILLING CODE 3410–20–P summarizes the conduct for which by the federal government to calculate certification is sought and requests total value of sales and total cash comments relevant to whether the receipts, by State governments to COMMISSION ON CIVIL RIGHTS Certificate should be issued. administer fur farm programs and health FOR FURTHER INFORMATION CONTACT: regulations, and by universities in Sunshine Act Notice Jeffrey Anspacher, Director, Export research projects. The current expiration AGENCY: United States Commission on Trading Company Affairs, International date for this docket is April 30, 2009. Civil Rights. Trade Administration, by telephone at NASS intends to request that the Mink (202) 482–5131 (this is not a toll-free Survey be approved for another 3 years. ACTION: Notice of briefing and meeting. Authority: These data will be number) or e-mail at [email protected]. collected under the authority of 7 U.S.C. DATE AND TIME: Friday, December 12, SUPPLEMENTARY INFORMATION: Title III of 2204(a). Individually identifiable data 2008; 9:30 a.m. the Export Trading Company Act of collected under this authority are PLACE: 624 Ninth Street, NW., Rm. 540, 1982 (15 U.S.C. 4001–21) authorizes the governed by Section 1770 of the Food Washington, DC 20425. Secretary of Commerce to issue Export Trade Certificates of Review. An Export Security Act of 1985, 7 U.S.C. 2276, Briefing Agenda which requires USDA to afford strict Trade Certificate of Review protects the confidentiality to non-aggregated data Topic: Specifying English as the holder and the members identified in provided by respondents. This notice is Common Language in the Workplace: the Certificate from state and federal submitted in accordance with the Every Employer’s Right or a Violation of government antitrust actions and from Paperwork Reduction Act of 1995 (Pub. Federal Law? private treble damage antitrust actions L. 104–13) and Office of Management I. Introductory Remarks by Chairman. for the export conduct specified in the and Budget regulations at 5 CFR part II. Speakers’ Presentations. Certificate and carried out in 1320 (60 FR 44978, August 29, 1995). III. Questions by Commissioners and compliance with its terms and Estimate of Burden: Public reporting Staff Director. conditions. Section 302(b)(1) of the burden for this collection of information IV. Adjourn Briefing. Export Trading Company Act of 1982 is estimated to average 10 minutes per and 15 CFR 325.6(a) require the Meeting Agenda response. Secretary to publish a notice in the Respondents: Farmers and ranchers. I. Approval of Agenda. Federal Register identifying the Estimated Number of Respondents: II. Approval of Minutes of November 7, applicant and summarizing its proposed 350. 2008 Meeting. export conduct.

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Request for Public Comments professional services in the areas of i. Refuse to provide Export Trade Interested parties may submit written government relations and assistance Facilitation Services to customers in any comments relevant to the determination with state and federal programs; foreign Export Market or Markets. whether a Certificate should be issued. trade and business protocol; consulting; 2. GTTC may exchange information If the comments include any privileged market research and analysis; collection with individual Suppliers on a one-to- or confidential business information, it of information on trade opportunities; one basis regarding that Supplier’s must be clearly marked and a marketing; negotiations; joint ventures; inventories and near-term production nonconfidential version of the shipping; export management; export schedules in order that the availability comments (identified as such) should be licensing; advertising; documentation of Products for export can be included. Any comments not marked and services related to compliance with determined and effectively coordinated privileged or confidential business customs requirements; insurance and by GTTC with its distributors in Export information will be deemed to be financing; trade show exhibitions; Markets. organizational development; nonconfidential. An original and five (5) IV. Terms and Conditions of Certificate copies, plus two (2) copies of the management and labor strategies; nonconfidential version, should be transfer of technology; transportation; 1. In engaging in Export Trade submitted no later than 20 days after the and facilitating the formation of Activities and Methods of Operation, date of this notice to: Export Trading shippers’ associations. GTTC will not intentionally disclose, Company Affairs, International Trade II. Export Markets directly or indirectly, to any Supplier Administration, U.S. Department of any information about any other Commerce, Room 7021–X H, The Export Markets include all parts Supplier’s costs, production, capacity, Washington, DC 20230. Information of the world except the United States inventories, domestic prices, domestic submitted by any person is exempt from (the fifty states of the United States, the sales, or U.S. business plans, strategies, disclosure under the Freedom of District of Columbia, the or methods that is not already generally Information Act (5 U.S.C. 552). Commonwealth of Puerto Rico, the available to the trade or public. However, nonconfidential versions of Virgin Islands, American Samoa, Guam, 2. GTTC will comply with requests the comments will be made available to the Commonwealth of the Northern made by the Secretary of Commerce on the applicant if necessary for Mariana Islands, and the Trust Territory behalf of the Secretary or the Attorney determining whether or not to issue the of the Pacific Islands). General for information or documents Certificate. Comments should refer to III. Export Trade Activities and relevant to conduct under the this application as ‘‘Export Trade Methods of Operation Certificate. The Secretary of Commerce Certificate of Review, application will request such information or 1. With respect to the export of number 08–00009.’’ A summary of the documents when either the Attorney Products and Services, licensing of application follows. General or the Secretary of Commerce Technology Rights and provision of believes that the information or Summary of the Application Export Trade Facilitation Services, documents are required to determine Applicant: Golden Tree Trading GTTC, subject to the terms and that the Export Trade, Export Trade Company (‘‘GTTC’’), 8040 N. Augusta conditions listed below, may: Activities and Methods of Operation of Street, Fresno, CA 93720. a. Provide and/or arrange for the a person protected by this Certificate of Contact: Mr. Sypher Lee, Telephone: provision of Export Trade Facilitation Review continue to comply with the (626) 500–7942. Services and engage in promotional and standards of section 303(a) of the Act. marketing activities and collect Application No.: 08–00009. Definition Date Deemed Submitted: November information on trade opportunities in 20, 2008. the Export Markets and distribute such ‘‘Supplier’’ means a person who Members: None. information to clients; produces, provides, or sells Products, The applicant (GTTC) seeks a b. Enter into exclusive and/or non- Services, and/or Technology Rights. exclusive licensing and/or sales Certificate of Review to engage in the Dated: November 26, 2008. agreements with Suppliers for the Export Trade Activities and Methods of Jeffrey Anspacher, Operation described below in the export of Products, Services, and/or Director, Export Trading Company Affairs. following Export Trade and Export Technology Rights to Export Markets; Markets. c. Enter into exclusive and/or non- [FR Doc. E8–28724 Filed 12–3–08; 8:45 am] exclusive agreements with distributors BILLING CODE 3510–DR–P I. Export Trade and/or sales representatives in Export 1. Products Markets; d. Allocate export sales or divide DEPARTMENT OF COMMERCE All Products. Export Markets among Suppliers for the National Oceanic and Atmospheric 2. Services sale and/or licensing of Products, Administration All Services. Services, and/or Technology Rights; e. Allocate export orders among 3. Technology Rights Suppliers; RIN 0648–XL90 Technology rights, including, but not f. Establish the price of Products, Fisheries of the Exclusive Economic limited to, patents, trademarks, Services, and/or Technology Rights for Zone Off Alaska; North Pacific Halibut copyrights, and trade secrets. sales and/or licensing in Export and Sablefish Individual Fishing Quota Markets; Cost Recovery Programs 4. Export Trade Facilitation Services (as g. Negotiate, enter into, and/or They Relate to the Export of Products, manage licensing agreements for the AGENCY: National Marine Fisheries Services, and Technology Rights) export of Technology Rights; Service (NMFS), National Oceanic and Export Trade Facilitation Services h. Enter into contracts for shipping; Atmospheric Administration (NOAA), including, but not limited to, and Commerce.

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ACTION: Notification of standard prices On March 20, 2000, NMFS published quarter of each calendar year. These and fee percentage. regulations implementing the IFQ cost standard prices are used, along with recovery program (65 FR 14919), which estimates of IFQ halibut and IFQ SUMMARY: NMFS publishes IFQ standard are set forth at § 679.45. Under the sablefish landings, to calculate standard prices for the individual fishing quota regulations, an IFQ permit holder incurs values. The standard prices are (IFQ) cost recovery program in the a cost recovery fee liability for every described in U.S. dollars per IFQ halibut and sablefish fisheries of the pound of IFQ halibut and IFQ sablefish equivalent pound for IFQ halibut and North Pacific. This action is intended to that is landed on his or her IFQ IFQ sablefish landings made during the provide holders of halibut and sablefish permit(s). The IFQ permit holder is year. IFQ equivalent pound(s) is the IFQ permits with the 2008 standard responsible for self–collecting the fee weight (in pounds) for an IFQ landing, prices and fee percentage to calculate liability for all IFQ halibut and IFQ calculated as the round weight for the required payment for IFQ cost sablefish landings on his or her sablefish and headed and gutted net recovery fees due by January 31, 2009. permit(s). The IFQ permit holder is also weight for halibut. NMFS calculates the DATES: Effective December 4, 2008. responsible for submitting a fee liability standard prices to closely reflect the payment to NMFS on or before the due variations in the actual ex–vessel values FOR FURTHER INFORMATION CONTACT: date of January 31 following the year in of IFQ halibut and IFQ sablefish Troie Zuniga, Fee Coordinator, 907– which the IFQ landings were made. The landings by month and port or port– 586–7231. dollar amount of the fee due is group. The standard prices for IFQ SUPPLEMENTARY INFORMATION: determined by multiplying the annual halibut and IFQ sablefish are listed in Background IFQ fee percentage (3 percent or less) by the tables that follow the next section. the ex–vessel value of each IFQ landing Data from ports are combined as NMFS Alaska Region administers the made on a permit and summing the necessary to protect confidentiality. halibut and sablefish IFQ programs in totals of each permit (if more than one). the North Pacific. The IFQ programs are Fee Percentage limited access systems authorized by Standard Prices Section 304(d)(2)(B) of the the Magnuson–Stevens Fishery The fee liability is based on the sum Magnuson–Stevens Act specifies a Conservation and Management Act of all payments of monetary worth made maximum fee of 3 percent of the ex– (Magnuson–Stevens Act) and the to fishermen for the sale of the fish vessel value of fish harvested under an Northern Pacific Halibut Act of 1982. during the year. This includes any IFQ Program. NMFS annually sets a fee Fishing under the IFQ programs began retro–payments (e.g., bonuses, delayed percentage for sablefish and halibut IFQ in March 1995. Regulations partial payments, post–season holders that is based on the actual implementing the IFQ program are set payments) made to the IFQ permit annual costs associated with certain forth at 50 CFR part 679. holder for previously landed IFQ management and enforcement In 1996, the Magnuson–Stevens Act halibut or sablefish. functions, as well as the standard ex– was amended (by Public Law 104–297) For purposes of calculating IFQ cost vessel value of the catch subject to the to, among other things, require the recovery fees, NMFS distinguishes IFQ fee for the current year. The method Secretary of Commerce to ‘‘collect a fee between two types of ex–vessel value: used by NMFS to calculate the IFQ fee to recover the actual costs directly ‘‘actual’’ and ‘‘standard.’’ ‘‘Actual’’ ex– percentage is described at related to the management and vessel value is the amount of all § 679.45(d)(2)(ii). enforcement of any . . . individual quota compensation, monetary or non– Regulations at § 679.45(d) require program.’’ This requirement was further monetary, that an IFQ permit holder NMFS to publish the IFQ fee percentage amended in 2006 (by Public Law 109– received as payment for his or her IFQ for the halibut and sablefish IFQ 479) to include collection of the actual fish sold. ‘‘Standard’’ ex–vessel value is fisheries in the Federal Register during costs of data collection, and to replace the default value on which to base fee or before the last quarter of each year. the reference to ‘‘individual quota liability calculations. IFQ permit For the 2008 sablefish and halibut IFQ program’’ with a more general reference holders have the option of using actual fishing season, an IFQ permit holder is to ‘‘limited access privilege program’’ at ex–vessel value if they can satisfactorily to use a fee liability percentage of 1.4 section 304(d)(2)(A). This section of the document it, otherwise the ‘‘standard’’ percent to calculate his or her fee for Magnuson–Stevens Act also specifies an ex–vessel value is used. landed IFQ in pounds. The IFQ permit upper limit on these fees, when the fees Regulations at § 679.45(c)(2)(i) require holder is responsible for submitting the must be collected, and where the fees the Regional Administrator to publish fee liability payment to NMFS on or must be deposited. IFQ standard prices during the last before January 31, 2009. REGISTERED BUYER STANDARD EX–VESSEL PRICESBY LANDING LOCATION FOR 2008 IFQ SEASON

HALIBUT STANDARD EX –VES- SABLEFISH STANDARD EX– LANDING LOCATION PERIOD ENDING SEL PRICE ($) VESSEL PRICE ($)

CORDOVA March 31 — —

April 30 — —

May 31 — —

June 30 $4.42 —

July 31 $4.67 —

August 31 $4.71 —

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REGISTERED BUYER STANDARD EX–VESSEL PRICESBY LANDING LOCATION FOR 2008 IFQ SEASON— Continued

HALIBUT STANDARD EX –VES- SABLEFISH STANDARD EX– LANDING LOCATION PERIOD ENDING SEL PRICE ($) VESSEL PRICE ($)

September 30 $4.34 —

October 31 $4.34 —

November 30 $4.34 —

DUTCH HARBOR March 31 — —

April 30 — —

May 31 — —

June 30 — —

July 31 — —

August 31 — —

September 30 — —

October 31 — —

November 30 — —

HOMER March 31 — —

April 30 — —

May 31 — —

June 30 $4.62 —

July 31 $4.74 —

August 31 $4.29 —

September 30 — —

October 31 — —

November 30 — —

KETCHIKAN March 31 — —

April 30 $4.28 —

May 31 $4.41 —

June 30 — —

July 31 $4.04 —

August 31 $4.35 —

September 30 $4.43 —

October 31 $4.43 —

November 30 $4.43 —

KODIAK March 31 $3.93 $2.66

April 30 $4.13 $2.86

May 31 $4.22 $2.91

June 30 $4.23 $2.99

July 31 $4.32 $3.06

August 31 $4.36 $3.09

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REGISTERED BUYER STANDARD EX–VESSEL PRICESBY LANDING LOCATION FOR 2008 IFQ SEASON— Continued

HALIBUT STANDARD EX –VES- SABLEFISH STANDARD EX– LANDING LOCATION PERIOD ENDING SEL PRICE ($) VESSEL PRICE ($)

September 30 $4.39 $3.13

October 31 $4.39 $3.13

November 30 $4.39 $3.13

PETERSBURG March 31 — —

April 30 $4.11 —

May 31 $4.27 —

June 30 $4.35 —

July 31 $4.42 —

August 31 $4.46 —

September 30 $4.43 —

October 31 $4.43 —

November 30 $4.43 —

SEWARD March 31 — —

April 30 — —

May 31 — —

June 30 — —

July 31 — —

August 31 — —

September 30 — —

October 31 — —

November 30 — —

SITKA March 31 — —

April 30 — —

May 31 — —

June 30 — —

July 31 $4.53 $4.14

August 31 $4.28 $4.71

September 30 — —

October 31 — —

November 30 — —

YAKUTAT March 31 — —

April 30 — —

May 31 — —

June 30 — —

July 31 — —

August 31 — —

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REGISTERED BUYER STANDARD EX–VESSEL PRICESBY LANDING LOCATION FOR 2008 IFQ SEASON— Continued

HALIBUT STANDARD EX –VES- SABLEFISH STANDARD EX– LANDING LOCATION PERIOD ENDING SEL PRICE ($) VESSEL PRICE ($)

September 30 — —

October 31 — —

November 30 — —

REGISTERED BUYER STANDARD EX–VESSEL PRICESBY PORT GROUP FOR 2008 IFQ SEASON

HALIBUT STANDARD EX –VES- SABLEFISH STANDARD EX– PORT GROUP PERIOD ENDING SEL PRICE ($) VESSEL PRICE ($)

BERING SEA1 March 31 — —

April 30 $4.06 $2.65

May 31 $4.10 $2.82

June 30 $4.23 $2.85

July 31 $4.22 $3.13

August 31 $4.30 $2.88

September 30 $4.22 $2.87

October 31 $4.22 $2.87

November 30 $4.22 $2.87

CENTRAL GULF OF ALASKA2 March 31 $4.10 $2.89

April 30 $4.30 $2.95

May 31 $4.28 $2.98

June 30 $4.30 $3.03

July 31 $4.38 $3.06

August 31 $4.38 $3.08

September 30 $4.38 $3.26

October 31 $4.38 $3.26

November 30 $4.38 $3.26

SOUTHEAST ALASKA3 March 31 $4.17 $3.26

April 30 $4.17 $3.25

May 31 $4.27 $3.22

June 30 $4.41 $3.30

July 31 $4.48 $3.82

August 31 $4.45 $3.87

September 30 $4.49 $3.33

October 31 $4.49 $3.33

November 30 $4.49 $3.33

ALL4 March 31 $4.13 $3.10

April 30 $4.25 $3.05

May 31 $4.26 $3.03

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REGISTERED BUYER STANDARD EX–VESSEL PRICESBY PORT GROUP FOR 2008 IFQ SEASON—Continued

HALIBUT STANDARD EX –VES- SABLEFISH STANDARD EX– PORT GROUP PERIOD ENDING SEL PRICE ($) VESSEL PRICE ($)

June 30 $4.32 $3.06

July 31 $4.36 $3.25

August 31 $4.37 $3.25

September 30 $4.36 $3.26

October 31 $4.36 $3.26

November 30 $4.36 $3.26 1Landing locations Within Port Group – Bering Sea: Adak, Akutan, Akutan Bay, Atka, Bristol Bay, Chefornak, Dillingham, Captains Bay, Dutch Harbor, Egegik, Ikatan Bay, Hooper Bay, King Cove, King Salmon, Kipnuk, Mekoryuk, Naknek, Nome, Quinhagak, Savoonga, St. George, St. Lawrence, St. Paul, Togiak, Toksook Bay, Tununak, Beaver Inlet, Ugadaga Bay, Unalaska 2Landing Locations Within Port Group – Central Gulf of Alaska: Anchor Point, Anchorage, Alitak, Chignik, Cordova, Eagle River, False Pass, West Anchor Cove, Girdwood, Chinitna Bay, Halibut Cove, Homer, Kasilof, Kenai, Kenai River, Kodiak, Port Bailey, Nikiski, Ninilchik, Old Harbor, Palmer, Sand Point, Seldovia, Resurrection Bay, Seward, Valdez, Whittier 3Landing Locations Within Port Group – Southeast Alaska: Angoon, Baranof Warm Springs, Craig, Edna Bay, Elfin Cove, Excursion Inlet, Gus- tavus, Haines, Hollis, Hoonah, Hyder, Auke Bay, Douglas, Tee Harbor, Juneau, Kake, Ketchikan, Klawock, Metlakatla, Pelican, Petersburg, Por- tage Bay, Port Alexander, Port Graham, Port Protection, Point Baker, Sitka, Skagway, Tenakee Springs, Thorne Bay, Wrangell, Yakutat 4Landing Locations Within Port Group – All: For Alaska: All landing locations included in 1, 2, and 3. For California: Eureka, Fort Bragg, Other California. For Oregon: Astoria, Aurora, Lincoln City, Newport, Warrenton, Other Oregon. For Washington: Anacortes, Bellevue, Bel- lingham, Nagai Island, Edmonds, Everett, Granite Falls, Ilwaco, La Conner, Port Angeles, Port Orchard, Port Townsend, Rainier, Fox Island, Mercer Island, Seattle, Standwood, Other Washington. For Canada: Port Hardy, Port Edward, Prince Rupert, Vancouver, Haines Junction, Other Canada Note In many instances prices have not been reported to comply with confidentiality guidelines that prevent price reports when there are fewer than three processors operating in a location during a month.

Authority: 16 U.S.C. 1801 et seq. Waterway (AICWW) in Duval County, geographical region if certain findings Dated: November 28, 2008. FL. are made and either regulations are Emily H. Menashes DATES: The IHA is effective from issued or, if the taking is limited to Acting Director, Office of Sustainable December 1, 2008, through February 28, harassment, a notice of a proposed Fisheries, National Marine Fisheries Service. 2009. authorization is provided to the public for review. [FR Doc. E8–28721 Filed 12–3–08; 8:45 am] ADDRESSES: A copy of the IHA is An authorization shall be granted if BILLING CODE 3510–22–S available by writing to Michael Payne, NMFS finds that the taking will have a Chief, Permits, Conservation and negligible impact on the species or Education Division, Office of Protected stock(s) and will not have an DEPARTMENT OF COMMERCE Resources, National Marine Fisheries unmitigable adverse impact on the Service, 1315 East–West Highway, National Oceanic and Atmospheric availability of the species or stock(s) for Silver Spring, MD 20910–3225, or by Administration subsistence uses, and if the permissible telephoning the contact listed here. methods of taking and requirements A copy of the application containing pertaining to the mitigation, monitoring RIN 0648–XK27 a list of the references used in this and reporting of such takings are set document may be obtained by writing to forth to achieve the least practicable Incidental Takes of Marine Mammals the address specified above, telephoning adverse impact. NMFS has defined During Specified Activities; Beach the contact listed below (see FOR ‘‘negligible impact’’ in 50 CFR 216.103 Boulevard AICWW Bridge Blasting FURTHER INFORMATION CONTACT), or as ’’...an impact resulting from the Project, Duval County, FL online at: http://www.nmfs.noaa.gov/pr/ specified activity that cannot be permits/incidental.htm. Documents AGENCY: National Marine Fisheries reasonably expected to, and is not cited in this notice may be viewed, by Service (NMFS), National Oceanic and reasonably likely to, adversely affect the appointment, during regular business Atmospheric Administration (NOAA), species or stock through effects on hours, at the aforementioned address. Commerce. annual rates of recruitment or survival.’’ FOR FURTHER INFORMATION CONTACT: ACTION: Notice; issuance of an incidental Section 101(a)(5)(D) of the MMPA take authorization. Howard Goldstein or Ken Hollingshead, established an expedited process by NMFS, (301) 713–2289. which citizens of the United States can SUMMARY: In accordance with the SUPPLEMENTARY INFORMATION: apply for an authorization to Marine Mammal Protection Act Background incidentally take small numbers of (MMPA) regulations, NMFS has issued marine mammals by harassment. Except an Incidental Harassment Authorization Sections 101(a)(5)(A) and (D) of the with respect to certain activities not (IHA) to the Jacksonville Transportation MMPA (16 U.S.C. 1361 et seq.) direct pertinent here, the MMPA defines Authority (JTA) for the take of small the Secretary of Commerce to allow, ‘‘harassment’’ as: numbers of marine mammals, by Level upon request, the incidental, but not B harassment only, incidental to the intentional, taking of marine mammals any act of pursuit, torment, or annoyance removal and replacement of support by U.S. citizens who engage in a which (I) has the potential to injure a marine structures for the Beach Boulevard specified activity (other than mammal or marine mammal stock in the wild Bridge over the Atlantic Intracoastal commercial fishing) within a specified [Level A harassment]; or (ii) has the potential

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to disturb a marine mammal or marine is the most practical means of is in use, occurs where no bridge mammal stock in the wild by causing destroying them. The new, fully structure previously existed. The disruption of behavioral patterns, including, permitted bridge will consist of separate location of the future eastbound bridge, but not limited to, migration, breathing, eastbound and westbound spans. The which has not yet been started, nursing, breeding, feeding, or sheltering new westbound bridge, which is 100 coincides almost exactly with the bridge [Level B harassment]. that is being replaced, necessitating the 16 U.S.C. 1362(18). percent constructed and in use, occurs where no bridge structure previously full removal of the latter. The existing existed. The location of the future bridge’s support piers are undersized, Section 101(a)(5)(D) establishes a 45- eastbound bridge, which has not yet relative to the future span’s day time limit for NMFS review of an been started, coincides almost exactly requirements, and must be removed to application followed by a 30-day public with the existing bridge, necessitating make room for construction equipment notice and comment period on any the full removal of the latter. The and the new bridge, particularly its proposed authorizations for the existing bridge support piers are support piles. JTA plans to demolish the incidental harassment of marine undersized, relative to the future span’s piers with controlled explosives. mammals. Within 45 days of the close requirements, and must be removed to of the comment period, NMFS must Baseline Conditions make room for construction equipment either issue or deny issuance of the and the new bridge, particularly its The over water portion of the western authorization. support piles. The permitted method of side of the old bridge is supported by Summary of Request removal of the old bridge allows for the four piers of bent piles. The eastern, footers to be removed via non–explosive over water portion is supported by four On May 5, 2008, NMFS received a means from barges. The barges would similar piers and four bascule pier piles. letter from the JTA, requesting an IHA. have to be relocated regularly by a large Concrete coffer dams support the footers The requested IHA will authorize the tug boat for up to three months due to on both sides of the navigable channel. take, by harassment, of small numbers the quantity of concrete involved and The below–water plan view of these of Atlantic bottlenose dolphins the limited reach of the equipment. twelve supports is indicated on Salient (Tursiops truncatus) incidental to Under the existing permits, the most Features, Plan View, Exhibit 2 of JTA’s explosive demolition performed for the practical way of demolishing the old application. The supports on both sides purpose of removing support structures bridge supports is to use a hydraulic hoe are protected from erosional scour by for the Beach Boulevard Bridge on the ram, the equivalent of a large jack much rip rap and numerous gabions. A AICWW in Duval County, Florida. The hammer, mounted on a barge, navigation channel is between the two Beach Boulevard Bridge spans maneuvered by a tug boat, and literally sets of bent pile piers. A protective approximately 300 ft (91.5 m) over open chip the concrete supports into tens of fender system is in place. Over the water. The U.S. Army Corps of thousands of pieces. For demolition of years, much rock, gravel, and rip rap has Engineers (ACOE) and St. Johns River the piers adjacent to the channel, a been placed in the open water under the Water Management District (SJRWMD) barge with a large chipper will operate bridge. have issued Environmental Resource from the channel and chip at an angle Blasting Details Permits to JTA for the replacement of away from the channel. This way, the existing Beach Boulevard Bridge nearly all of the small amount of rubble As preface to preparing the 12 over the AICWW. The ACOE issued that falls toward the channel will land structures (the number of supports permit SAJ–2003–9340 on November in the chipper barge. below the mean low water elevation) for 22, 2005, to expand State Road 212 There are only two practical ways of explosive demolition and consistent (Beach Boulevard) from San Pablo Road taking down the bridge supports — one with the current permits, each structure to Penman Road in Jacksonville, Duval method entails the aforementioned hoe will be chipped to approximately 5 ft County, Florida. The permit included ram which would chip the concrete into (1.5 m) National Geodetic Vertical authorization to replace Beach tens of thousands of pieces, the other Datum (NGVD). Once the supports have Boulevard Bridge over the AICWW. The involves explosives. Under a hoe ram been lowered to 5 ft NGVD, the below blasting of the bridge will reduce the only (i.e., no blasting) scenario, the risks water and remaining above water amount of time that tugs and barges are to wildlife stem from tugs and barges portions will be removed by explosives. active in the AICWW, thereby reducing operating in the AICWW, for a total of Three separate blast events will take risks to wildlife. 900 hours (90 days x 10 hours per day). place during the project. The locations Additional information on the An additional impact would be incurred and sequence of the blasts are indicated blasting project is contained in the by the protracted percussion pounding on Exhibit 5 of JTA’s application. In application and Supplemental of the hammer. In a blasting scenario, preparation for each blasting event, Environmental Assessment (SEA), risks to wildlife include the three blast floating turbidity curtains will be which is available upon request (see events, and tug/barge activity in the deployed within 40 ft (12.2 m) of the ADDRESSES). AICWW totaling 400 hours (40 days x structures to be blasted. The curtains will minimally be 6 ft (1.8 m) long. Specified Activities 10 hours per day). A Blasting Plan document has been prepared for this Curtains longer than 6 ft would be torn The purpose of the blasting project is proposed action (see JTA’s application). and carried away by the currents at the to remove twelve support structures bridge and ultimately become waste. from the old bridge by explosive Background Once the curtains are in place, the target demolition. While dismantling and The JTA currently is in the process of concrete will be drilled, explosives will discarding the existing bridge spam will replacing the Beach Boulevard Bridge be placed in the drill holes, and the drill be routine, the strength and mass of the across the AICWW. The project area is holes will be stemmed. Mats to contain bridge footers pose a dismantling depicted in Location Map, Exhibit 1 of debris will be draped over the above problem. After careful consideration, JTA’s application. The new bridge will water portion of the supports. Only after the bridge contractor, Superior consist of separate eastbound and all the measures described in the Marine Construction, has determined that westbound spans. The new westbound Wildlife Safety Plan and Manatee, demolishing the footers with explosives bridge, which has been constructed and Marine Mammal, Sea Turtle Survey

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Watch Plan have been implemented (see Exhibit 8 of JTA’s application. scanning sonar which records bottom Exhibit 7 in JTA’s application for the Unfortunately, the high water flow depths continuously along 40 east/west location of wildlife spotters), will the velocities under the bridge preclude traverses spaced 10 ft apart. The contour blast events occur. The duration of each most turbidity control measures. This level will be 5 ft. event will be approximately two problem will be largely offset by the fact Two barges will be used during debris seconds. The first blast is tentatively that most of the debris will quickly removal. One will have either a large scheduled for the first week in settle due to its mass. The very fine December 2008 and will focus on material will not have major impacts back hoe or a small crane that will lift demolishing the four western supports since the AICWW continuously debris from the waterway. The second and underlying coffer dam. The second transports a considerable load of barge will hold the debris. Whether on event will occur about 10 days later and suspended fine materials in the water the east or west side of the navigation destroy the supports and coffer dam on column. channel, the paired barges will be the immediate eastern side of the A modicum of rebar is embedded in oriented north/south, thereby keeping channel. The final blast event will take the piers. This will likely remain in the navigation channel largely place on or about December 31, 2008 place through the blasting. Some rebar unobstructed. A land based back hoe or and will eliminate the four supports may topple into the water. All crane will empty the barge loads into situated east of the channel and west of accessible rebar will be removed by awaiting dump trucks. Creosote soaked the eastern bridge abutment. The heavy equipment (see the Debris piles will be taken to Trail Ridge Land existing fenders will be removed Removal section below). A very small Fill in western Duval County, Florida. immediately prior to the final blasting percentage of the rebar may remain in Concrete and rebar will be taken to one event. the AICWW. of several approved C & D land fills in The radius of dangerous effect or The non–explosive deconstruction of Duval County, Florida. JTA knows of no the bridge will yield mostly large ‘‘harm’’ for underwater explosives is other practical means of debris removal/ disassembled pieces and large jack– based on a Navy Diver formula derived disposal. for human divers. Importantly, the hammered pieces. These will be formula is based on an uncontrolled removed by trucks using the remaining Additional details regarding the blast suspended in the water column; bridge. The existing grates, which proposed explosive demolition project the formula yields an artificially high directly overlie the navigation channel, can be found in the SEA: radius in instances of controlled or will be easily removed, without ‘‘Supplemental Assessment on an contained blasts, like the kind proposed impeding navigation. A small amount of Authorization for the Incidental Take of at the Beach Boulevard Bridge. The the span pieces inevitably will fall into Marine Mammals Associated with Navy Diver formula used for the Safety the water beneath the bridge, outside Confined Underwater Blasting as a Zone is: the channel. These will be removed Construction Method for Removing R = [520(W)1⁄3] + 500 during the removal of the blast rubble Support Structures of the Beach where R = Safety Zone radius and W = (see the Debris Removal section below). Boulevard AICWW Bridge Project in weight of explosives in pounds per Debris Removal Duval County, Florida by the delay (0.009 second minimum Jacksonville Transportation Authority.’’ Quick removal of any blasting debris separation). With 16.5 pounds (lbs) of The SEA can also be found online at: from the navigation channel is dynamite the maximum explosives per http://www.nmfs.noaa.gov/pr/permits/ delay, the Safety Zone is 1,824 ft (556.4 imperative. Any debris which affects the incidental.htm#applications m). The max/delay of dynamite (16.5 cross-sectional and profile integrity of lbs) is equivalent to 13.2 lbs of TNT. the channel will be removed via the Dates, Duration, and Location of This radius is depicted in Exhibit 7 of dual barge method described below, Specified Activity JTA’s application. within 6–8 hours of the blasting event. Exhibit No. 3 (in JTA’s application) The bi–directional bridge which is Demolition Debris indicates bottom contours as being replaced has been closed and Approximately 3,604 cubic yards (cy) determined in 2006. The contours were currently is undergoing partial of blast debris is anticipated (8 bascule generated with side scanning sonar that disassembly in preparation for piers, 2,900 cy; 2 coffer dams, 440 cy; recorded continuously along nine east/ demolition. Nearly all of the above and the eastern four piers, 264 cy). All west traverses spaced 50 ft (15.2 m) water part of the bridge will be of the debris would also have been apart. A new bottom contour survey will demolished via chipping. The below– generated by chipping demolition. Most be produced a few weeks prior to any water portions and a small–amount of of the debris will remain close to its chipping demolition. The survey will the above water portions of the bridge source. Some will fall along side slopes result from a side–scanning sonar will be demolished by the use of and the bottom of the AICWW channel. recording bottom depths continuously explosives. The first blasting event will The average size of the blast debris will along 40 east/west traverses spaced 10 occur on or shortly after December 1, be 6 to 9 inches. A small percentage of ft (3.1 m) apart. The 2008 survey will 2008, and the subsequent two blasts will the debris will be finer particles, also have 5 ft (1.5 m) contours and serve be completed by December 31, 2008. including dust. Some may become as the reference for all post–demolition displaced by as much as 0.5 cy. The use debris removal. The survey will be The existing Beach Boulevard Bridge of mats on the above water portions of forwarded to ACOE and SJRWMD prior traverses the AICWW in Sections 36 and the supports will prevent fragments to any chipping demolition. Following 38, Township 2 South, Ranges 28 and from traveling through the air. Due to demolition, debris will be removed from 29 East, Duval County, Jacksonville, the resistance, portions of the supports the bottom so that only an incidental Florida (see Exhibit 1 of the Blasting will prevent fragments from traveling quantity remains post–development. Plan in JTA’s application for more through the air. Due to the resistance of After debris removal, a final survey of information). Approximate coordinates the water itself, none of the underwater the bottom will be prepared and of the site are as follows: 30°17′17″ demolition debris will be propelled submitted to ACOE and SJRWMD. The North latitude, 81°26′18″ West beyond a 40 ft (12.2 m) radius, see survey will be generated using a side– longitude.

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Description of Marine Mammals and TABLE 1. THE HABITAT AND CONSERVA- TABLE 1. THE HABITAT AND CONSERVA- Habitat Affected in the Activity Area TION STATUS OF MARINE MAMMALS TION STATUS OF MARINE MAMMALS INHABITING THE PROPOSED STUDY INHABITING THE PROPOSED STUDY Several cetacean species and a single species of sirenian are known to or AREA IN THE SOUTHEAST U.S. AT- AREA IN THE SOUTHEAST U.S. AT- could occur in the Duval County study LANTIC OCEAN.—Continued LANTIC OCEAN.—Continued area and off the Southeast Atlantic Species Habitat ESA1 Species Habitat ESA1 coastline (see Table 1 below). Species listed as Endangered under the U.S. True’s beaked whale Pelagic NL Sirenians Coastal, EN Endangered Species Act (ESA), includes (Mesoplodon mirus) West Indian (Florida) rivers the humpback, sei, fin, blue, North manatee and es- Atlantic right, and sperm whale. The Blainville’s beaked Pelagic NL (Trichechus manatus tuaries marine mammals that occur in the whale latirostris) (Mesoplodon blasting area belong to three taxonomic 1 densirostris) U.S. Endangered Species Act: EN = En- groups: mysticetes (baleen whales), dangered, T = Threatened, NL = Not listed odontocetes (toothed whales), and Dwarf sperm whale Off- NL The two species of marine mammals sirenians (the manatee). Table 1 below (Kogia sima) shore, that are known to commonly occur in outlines the cetacean species and their pelagic close proximity to the blasting area of habitat in the region of the proposed the St. Johns River, AICWW, and Beach project area. Pygmy sperm whale Off- NL (Kogia breviceps) shore, Boulevard (otherwise known as State pelagic Road 212– U.S. Highway 90) are the TABLE 1. THE HABITAT AND CONSERVA- West Indian (Florida) manatee and TION STATUS OF MARINE MAMMALS Killer whale Widely NL Atlantic bottlenose dolphin. INHABITING THE PROPOSED STUDY (Orcinus orca) distrib- AREA IN THE SOUTHEAST U.S. AT- uted Florida Manatee LANTIC OCEAN. Short–finned pilot Inshore NL The West Indian manatee in Florida whale and off- and U.S. waters is managed under the Species Habitat ESA1 (Globicephala shore jurisdiction of the U.S. Fish and macrorhynchus) Wildlife Service (USFWS) and is listed Mysticetes Coastal EN as Endangered under the Endangered North Atlantic right and False killer whale Pelagic NL Species Act (ESA). They primarily whale shelf (Pseudorca crassidens) inhabit coastal and inshore waters. The (Eubalaena glacialis) Mellon–headed whale Pelagic NL Atlantic population of this species Humpback whale Pelagic EN (Peponocephala frequents the AICWW (Pablo Creek) (Megaptera and electra) project vicinity, particularly as a novaeangliae) banks migration route in the spring and fall, Pygmy killer whale Pelagic NL but may be found anytime during the Bryde’s whale Pelagic NL (Feresa attenuata) year. The immediate area near the (Balaenoptera brydei) and project site is considered foraging coastal Risso’s dolphin Pelagic, NL (Grampus griseus) shelf habitat and animals may potentially loaf for long periods of time in the marina Minke whale Shelf, NL basin adjacent to the site, which (Balaenoptera coastal, Bottlenose dolphin Off- NL acutorostrata) and pe- (Tursiops truncatus) shore, increases the likelihood of manatee lagic inshore, presence during the explosive coastal, demolition of the structures. Manatee Blue whale Pelagic EN estu- occurrences are extremely rare during (Balaenoptera and aries winter months (December, January, and musculus) coastal Rough toothed dolphin Pelagic NL February) in typical years because of the (Steno bredanensis) cold water temperatures in the Sei whale Primarily EN waterway and lack of warm water refuge (Balaenoptera borealis) offshore, Fraser’s dolphin Pelagic NL sites nearby. To minimize potential pelagic (Lagenodelphis hosei) involvement with manatees from Fin whale Slope, EN underwater explosions, the optimal Striped dolphin Pelagic NL timeframe to utilize explosives is during (Balaenoptera mostly (Stenella coeruleoalba) physalus) pelagic the winter months of the year. The Pantropical spotted dol- Pelagic NL USFWS considers this timeframe ‘‘the Odontocetes Pelagic, EN phin manatee construction window’’ for Sperm whale deep (Stenella attenuata) utilizing explosives. (Physeter seas macrocephalus) Atlantic spotted dolphin Coastal NL Atlantic Bottlenose Dolphins (Stenella frontalis) to pe- Atlantic bottlenose dolphins are Cuvier’s beaked whale Pelagic NL lagic (Ziphius cavirostris) distributed worldwide in tropical and Spinner dolphin Mostly NL temperate waters, and in U.S. waters Gervais’ beaked whale Pelagic NL (Stenella longirostris) pelagic occur in multiple complex stocks along (Mesoplodon the U.S. Atlantic coast. According to the europaeus) Clymene dolphin Pelagic NL 2005 NOAA stock assessment report, (Stenella clymene) bottlenose dolphins inhabiting water

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less than 66 ft (20 m) deep are divided bottlenose dolphin stocks within the when water temperature falls below 16 into 36 separate inshore or coastal Western North Atlantic population are degrees Celsius (Caldwell, 2001). stocks while animals in water 66–656 ft complex, and resident estuarine stocks NMFS anticipates that no bottlenose (20–200 m) deep constitute three likely exist, but they are currently dolphins will be injured or killed during continental shelf stocks. included in coastal management unit the three blasting events. The specific These complex stock segments of definitions. Abundance estimates do not objective of JTA’s wildlife watch plan is coastal bottlenose dolphins are based on exist for estuarine waters. Further, each to ensure that no dolphins (or manatees) a combination of geographical, management unit definition likely are in the area during the blast ecological, and genetic research. encompasses seasonal residents and detonations. Because of the However, because the data of structure migratory or transient animals. Genetic circumstances and the proposed of stocks is complex, coastal and analyses, photo–identification, radio mitigation and monitoring requirements continental shelf stocks may overlap, transmitters, and stable isotope radios of discussed herein this document, NMFS the exact structure of these stocks oxygen were used to identify the stocks. believes it highly unlikely that the continues to be revised as research is The AICWW Beach Boulevard Bridge activities would result in injury (Level completed. Analytical results of the project site is in the Northern Florida A harassment), serious injury or overall genetic variation indicate a management unit for Atlantic bottlenose mortality of bottlenose dolphins, minimum of five stocks of coastal dolphin coastal morphotypes. Atlantic however, they may temporarily avoid bottlenose dolphins along the U.S. bottlenose dolphins are known to occur the area where the proposed explosive Atlantic coast. in the project area at or within a few demolition will occur. The JTA has The action would occur inshore at a hundred feet of the project several times requested the incidental take of six depth of less than 66 ft (20.1 m) and, a week. Dolphins, when present near bottlenose dolphin for the action. The therefore, has the potential to affect the the project site, usually occur in groups estimated abundance of the Western coastal stocks. From genetic analysis, of two or three. Bottlenose dolphin North Atlantic Coastal stock is the bottlenose dolphin population occurrence in the Jacksonville area is approximately 17,466 animals and the around Duval County, Florida consists year–round, however significant estimated abundance of the North of part of the Western North Atlantic seasonal variation exists. Florida management unit is Coastal Morphotype stock. This stock Based on photo–identification and approximately 448 animals. NMFS has may also include demographically behavioral data, Caldwell (2001) determined that the number of distinct coastal and resident estuarine identified three behaviorally requested incidental takes for the populations that are defined by seasonal differentiated bottlenose dolphin proposed action are small relative to migratory and transient movements communities in the Jacksonville, Florida population estimates, of Atlantic throughout large home ranges. The area. These three distinct communities bottlenose dolphins. movement along the southern portion of have been called Northern, Southern, Further information on the biology the Atlantic coast is poorly understood and Coastal. The Northern community and local distribution of these species and is currently under study. The has year–round residency and random and others in the region can be found in resident estuarine stocks are likely social affiliations, with a mean group JTA’s application, which is available demographically distinct from coastal size of 5 individuals. The Southern upon request (see ADDRESSES), and the stocks and are currently included in the community has seasonal residency and NMFS Marine Mammal Stock coastal management unit definitions. non–random social affiliations, with a Assessment Reports, which are available The estimated population for the U.S. mean group size of 22 individuals. The online at: http://www.nmfs.noaa.gov/pr/ Western North Atlantic Coastal Coastal community has no residency species/ Morphotype stock of Atlantic bottlenose and random social affiliations, with a Potential Effects of Activities on Marine dolphins, which are based on aerial mean group size of 17 individuals. The Mammals surveys and counts conducted in winter social structure on a small geographic 1995 and summer 2002, is scale of these three distinct populations In general, potential impacts to approximately 17,466 animals; but these varies based on significant genetic marine mammals from explosive estimates do not include all estuarine differentiation and behavior. Although detonations could include both lethal waters and the abundance may be the three Jacksonville area communities and non–lethal injury (Level A negatively biased. use contiguous habitats, the Northern harassment), as well as Level B Based upon available data and and Southern communities are harassment. In the absence of analysis, seven management units with primarily inshore, and the Coastal mitigation, marine mammals may be the range of the coastal morphotype of community generally uses the coastal killed or injured as a result of an western North Atlantic bottlenose waters of the Jacksonville area from the explosive detonation due to the dolphin have been defined, yet the beach to 1.9 miles (3 km) offshore response of air cavities in the body, population structure is probably more (Caldwell, 2001). The Southern and such as the lungs and bubbles in the complex and will continue to be refined Coastal communities have partially intestines. Effects are likely to be most as research efforts continue. The best overlapping ranges, while the Northern severe in near surface waters where the abundance estimate of the Northern and Southern community’s ranges may reflected shock wave creates a region of Florida management unit is 448 generally be separated by the St. John’s negative pressure called ‘‘cavitation.’’ individuals. The Atlantic bottlenose River. Also, the Southern and Coastal A second potential possible cause of dolphin is not listed as threatened or communities are behaviorally and mortality is the onset of extensive lung endangered under the ESA, and the U.S. genetically differentiated from the hemorrhage. Extensive lung hemorrhage coastal migratory stock is considered Northern community (Caldwell, 2001). is considered debilitating and depleted and the management units are In Florida and other states along the potentially fatal. Suffocation caused by considered strategic under the MMPA. U.S. East Coast, bottlenose dolphin lung hemorrhage is likely to be the NMFS defines seven geographic abundance and density is often major cause of marine mammal death management units within the range of correlated with water temperature and from underwater shock waves. The the coastal morphotype of the Western season. Significantly fewer dolphins estimated range for the onset of North Atlantic bottlenose dolphin. The were observed during the winter season extensive lung hemorrhage to marine

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mammals varies depending upon the EFD level in any 1/3– octave band above mammals when compared to the animal’s weight, with the smallest 100 Hz for toothed whales (e.g., calculated distances for TTS and PTS. mammals having the greatest potential dolphins). A second criterion, 23 psi, The calculated Safety Zone will be used hazard range. has recently been established by NMFS for both Atlantic bottlenose dolphin and NMFS’ criteria for determining non– to provide a more conservative range of the Florida manatee. Blasting is lethal injury (Level A Harassment) from TTS when the explosive or animals anticipated to be completed with three explosives are the peak pressure that approaches the sea surface, in which shots occurring over a two to three week will result in: (1) the onset of slight lung case explosive energy is reduced, but period. The time frame for the blasting hemorrhage, or (2) a 50–percent the peak pressure is not. The distance is subject to change dependent upon probability level for a rupture of the for 23 psi is 1,180 ft (359.8 m) (NMFS weather, tides, etc. tympanic membrane (TM). These are will apply the more conservative of injuries from which animals would be these two distances). Comments and Responses expected to recover on their own. Level B harassment also includes On Friday, October 24, 2008 (73 FR NMFS has established dual criteria for behavioral modifications resulting from 63436), NMFS published in the Federal what constitutes Level B Harassment: repeated noise exposures (below TTS) to Register a notice of a proposed IHA for (1) An energy based temporary the same animals (usually resident) over JTA’s request to take marine mammals threshold shift (TTS) received sound a relatively short period of times. incidental to conducting the removal of µ 2 levels 182 dB re 1 Pa –s cumulative Threshold criteria for this particular bridge support structures by explosive energy flux in any 1/3 octave band type of harassment are currently still demolition, and requested comments above 100 Hz for odontocetes (derived being considered. One recommendation regarding this proposed IHA (FRNOR). from experiments with bottlenose is a level of 6 dB below TTS (see 69 FR During the 30-day public comment dolphins (Ridgway et al., 1997; 21816, April 22, 2004), which would be period, NMFS received comments from Schlundt et al., 2000); and (2) 12 psi 176 dB re 1 µPa2 s. Due, however, to the the Marine Mammal Commission peak pressure cited by Ketten (1995) as infrequency of detonations, the short (Commission). associated with a safe outer limit for overall time period of the project, and Commission Comment 1: The minimal, recoverable auditory trauma the continuous movement of marine Commission recommends that NMFS (i.e., TTS). The Level B harassment mammals in the AICWW, NMFS issue the requested authorization zone, therefore, is the distance from the believes that behavioral modification provided that NMFS consult with mortality, serious injury, injury (Level A from repeated exposures to the same USFWS to ensure that it has reviewed harassment) zone to the radius where animals is highly unlikely. the applicant’s recent information neither of these criterions is exceeded. The Safety Zone radius of the blast is supplementing the 1999 biological The primary potential impact to the determined by using the Navy Diver assessment, revised blasting plan, and Atlantic bottlenose dolphins occurring Formula for an uncontrolled blast the current Draft Manatee, Marine in the St. Johns River and AICWW from suspended in the water column. In the Mammal, and Sea Turtle Survey Watch the detonations is Level B harassment current instance, the formula is incidental to noise generated by Plan. conservative since the charges to be Response: Based on correspondence explosives. In the absence of any used for Beach Boulevard Bridge footers mitigation or monitoring measures, between NMFS, USFWS, and the will be confined within the footers, applicant, both agency’s have reviewed there is a very small chance that a effectively reducing both the pressure marine mammal could be injured or and determined JTA’s recent and impulse of a water shock wave. In information supplementing the 1999 killed when exposed to the energy addition, boreholes will be stemmed at generated from an explosive force on the biological assessment, revised blasting the in collars to further contain the plan, and the current Draft Manatee, sea floor. However, NMFS believes the pressures. The Safety Zone radius proposed monitoring and mitigation Marine Mammal, and Sea Turtle Survey formula in feet is expressed by the Watch Plan are sufficient for the measures will preclude this possibility 1 following: R = 520 (W) ⁄3 + 500 (R = proposed action. in the case of this particular activity. exclusion zone radius, W = weight of Non–lethal injurious impacts (Level A Commission Comment 2: The explosive in pounds per delay) Commission recommends that NMFS harassment) are defined in this For the designed maximum issue the requested authorization proposed IHA as TM rupture and the explosives per delay of 16.5 pounds, the provided that the applicant be required onset of slight lung injury. The resulting Safety Zone is 1,824 ft. The to conduct all practicable monitoring threshold for Level A Harassment max/delay of explosives is 16.5 lbs and mitigation measures that reasonably corresponds to a 50–percent rate of TM dynamite, which is equivalent to 13.2 can be expected to protect the rupture, which can be stated in terms of lbs TNT. A maximum psi of 23 is used potentially affected marine mammal an energy flux density (EFD) value of to determine the TTS distance and a µ 2 species from serious injury. 205 dB re 1 Pa s. TM rupture is well– maximum psi of 100 is used to Response:NMFS concurs with the correlated with permanent hearing determine the PTS distance. Cole’s Commission’s recommendation and has impairment (Ketten, 1998) indicates a equation for determining max pressures included requirements to this effect in 30–percent incidence of permanent created by free–field underwater the IHA. threshold shift (PTS) at the same explosions used is expressed by the threshold). The farthest distance from 1 Commission Comment 3: The following: P = 21,600 (W ⁄3 / R) 1.13 (P the source at which an animal is = pressure, W = TNT weight/delay, R= Commission recommends that NMFS exposed to the EFD level for the Level radius in feet) issue the requested authorization A harassment threshold is 295 ft (89.9 TTS Distance: provided that operations be suspended m). R = (13.21⁄3) / (23/21,600)0.885 = 1,180 ft immediately, pending review by NMFS, Level B (non–injurious) harassment PTS Distance: if a dead or seriously injured marine includes temporary (auditory) threshold R = (13.21⁄3) / (100/21,600)0.885 = 295 ft mammal is found in the vicinity of the shift (TTS), a slight, recoverable loss of NMFS considers the Safety Zone operations and the death or injury could hearing sensitivity. One criterion used radius calculated using the Navy Diver have occurred incidental to those for TTS is 182 dB re 1 µPa2 s maximum Formula conservative for marine operations.

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Response: NMFS concurs with the TTS (when resulting from exposure to northeast, and a navigable water body to Commission’s recommendation and has underwater detonations) as Level B the southeast. The salt marsh, largely included a requirement to this effect in harassment, no Level A harassment occurring north and south of the the IHA. (injury). western bridge abutment, is dominated Commission Comment 4: The by grasses (Spartina alterniflora and Incidental Take Authorization Commission reiterates its view that an Juncus roemaerianus). Invertebrates Requested across–the–board definition of (mollusks, polychaetes, crustaceans, and temporary threshold shift (TTS) as Provided the proper mitigation and insects) and terrestrial vertebrates constituting no more than Level B monitoring measures are implemented, (mammals, wading birds) are common harassment inappropriately dismisses the blasting activities may result in the marsh associates. Fish frequent the possible injury (Level A harassment) incidental taking of marine mammals by marsh at high and mid–tides. The and biologically significant behavioral Level B behavioral harassment only. As remainder of the submerged area is mud effects to the affected animals that may a result, the JTA has requested an IHA and sand. Polychaetes, crustaceans, and occur if an animal’s hearing is for Level B harassment. mollusks likely occur in areas where compromised, even temporarily. Level A take (i.e., injury or mortality) tidal flow velocity is not high. Fish Response: This issue has been due to the explosive demolition of occur over the bottoms. There is no addressed several times by NMFS in the bridge support structures is not submerged aquatic vegetation in the past and NMFS stated in previous anticipated during the blasting area. Federal Register notices (68 FR 64595, operations. Since the activities will The vast majority of the debris from November 14, 2003 and 71 FR 76989, occur during the winter season, the the demolition will be gravel size and December 22, 2006) that the abundance of marine mammals in the larger, as well as a small amount of reclassification of TTS from Level B to action area should be at its lowest. sand–sized pieces (indicated in the Level A harassment requires support Injuries or mortalities due to the Demolition Debris section and Exhibit 7 and scientific documentation, and not blasting events are not anticipated of the Blasting Plan). The blast debris be based on speculation that TTS might because of the incorporation of will not disperse across an area wider result in increased predation, for mitigation and monitoring measures than 80 ft (24.4 m). example. In addition, it is irrelevant for described below. No components of the bridge will be this IHA, because sound levels will not purposefully placed in the AICWW; be high since mitigation and monitoring Estimated Number of Marine Mammal only those demolition fragments which requirements under the IHA is expected Takes are impractical to keep out of the water to prevent TTS. Also, while there has As discussed above, NMFS will end up on the bottom. The bascule been discussion among scientists anticipated that take of marine grates and all of the rebar in those regarding whether a permanent shift in mammals will occur in the form of portions of the supports that will be hearing thresholds (PTS) can occur with disturbance from the explosive chipped will undergo controlled repeated exposures of TTS, at least one demolition of bridge support structures. removal. Most of the rebar in those study showed that long–term (4–7 years) As also discussed above, no lethal take portions of the supports that will be noise exposure on 3 experimental is expected to result from the blasting demolished by explosives will remain pinnipeds species had caused no change activities. Due to NMFS estimates, the intact and in place, and therefore will be on their underwater hearing thresholds JTA has been authorized the incidental easily cut and removed with heavy at frequencies of 0.2–6.4 kHz (Southall take of nine Atlantic bottlenose machinery. Only a small portion of the et al., 2005). dolphins during the effective dates of support structure rebar will end up in TTS can effect how an animal behaves the three planned blasting events. the AICWW. in response to the environment, The population size of the U.S. Most of the horizontal portions of the including conspecifics, predators, and Western North Atlantic Coastal stock of bridges (i.e., spans) will be prey. The following physiological bottlenose dolphins is estimated to be deconstructed through the use of cranes, mechanisms are thought to play a role 17,466 animals. Population estimates for large chippers, and trucks. Very little of in inducing auditory fatigue: effects to the North Florida management unit is this portion of the bridge will fall into sensory hair cells in the inner ear that estimated 448 animals. The estimated the water. The vertical supports will be reduce their sensitivity, modification of total possible number of individuals shipped to an elevation of 5 ft (1.5 m), the chemical environment within the that may be incidentally harassed with nearly all of the concrete fragments sensory cells, residual muscular activity during the project is 9 animals, which falling into the open water away from in the middle ear, displacement of is 0.05 and 2 percent of the respective the channel, and the steel rebar cut and certain inner ear membranes, increased Atlantic bottlenose dolphin population hauled away for disposal or recycling. blood flow, and post–stimulatory for the Western North Atlantic Coastal Rubble generated by the explosive reduction in both efferent and sensory stock and North Florida management demolition of the remaining above water neural output. Ward (1997) suggested unit for this species. NMFS had stubs and all of the submerged portions that when these effects result in TTS determined that these are small of the supports will be removed in rather than PTS they are within the numbers, relative to population accordance with the Debris Removal normal bounds of physiological estimates, of Atlantic bottlenose section of the Blasting Plan. variability and tolerance and do not dolphins. The profile and cross-section of the represent a physical injury. channel will be re–established within Additionally, Southall et al. (2007) Possible Effects of Activities on Marine 6–8 hours of each of the three blasting indicated that although PTS is a tissue Mammal Habitat events, as referenced in the Debris injury, TTS is not because the reduced The JTA expects the effects on marine Removal section of the Blasting Plan. hearing sensitivity following exposure mammal habitat to be minimal. The Debris in the project area, but outside of to intense sound results primarily from existing land cover and land use within the channel, will be removed within 30 fatigue, no loss, of cochlear hair cells the project area include the two bridge days of the final blasting event. and supporting structures and is abutments, the open water of the It is anticipated that the blasting reversible. Accordingly, NMFS classifies AICWW, salt marsh, a marina to the events will not physically impact the

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marine mammal habitat in the AICWW gravel, and rocks. It is highly order to protect endangered, threatened, except for the blast debris which falls to manipulated and artificial setting. The and protected species, the following the bottom. The anticipated biological blasting will consist of three brief shock equation has been adopted by the JTA impact of the explosive demolition is waves and result in more rubble falling for the blasting project to determine the that benthic and water column dwelling on top of the existing rubble. zone for potential harassment, injury or vertebrate and invertebrate species near Five complications to further impact mortality from an open water explosion the blasts will be killed by pressure minimization exist. First the area is and to assist the JTA in establishing waves. Restoration of the physical tidally influenced with the normal tidal mitigation and monitoring to reduce habitat adjacent to the AICWW channel range over 4 ft (1.2 m). The constant ebb impacts to the lowest level practicable. will begin within an hour or two of the and flow limits turbidity control This equation is believed to be two related blast events and will entail measures. Second, the AICWW is conservative because they are based on debris removal. Restoration of the comparatively narrow at the bridge humans, who are more sensitive than physical habitat at the bridge will be crossing, leading to strong currents. dolphins, and on unconfined charges, completed within 30 days of the final Third, the currents are bi–directional, while the proposed blasts in the blasting and will involve re–establishing eliminating any minimization measures AICWW will be confined (stemmed) the pre–blast contours through the use that might be implementable at a uni– charges. The equation, based on the of a clamshell dredge and/or large back directional flow location. Fourth, Navy Diver Formula, is: hoe. interstitial gaps in the rip rap and Safety Zone radius = 520 (lbs/delay)1⁄3 The activity will have a small and general rubble all but prevent turbidity + 500 inconsequential impact to the physical containment, particularly when The Safety Zone is the approximate habitat at/near the bridge. The blasting combined with the three distance in feet beyond which injury events will have an ephemeral impact aforementioned complications. Finally, (Level A Harassment) is unlikely from on the biological component of the near maintenance of navigation in the an open water explosion and mortality bridge habitat. Temporary disturbance channel severely limits possible is not expected. This zone will be used of the project area during the proposed remediation and containment of blast for implementing mitigation measures blasting activities is not expected to rubble coming from the eight footers for both Florida manatees and Atlantic reduce post–construction use of the area next to the channel. bottlenose dolphins. by resident and transient species. The The JTA anticipates no loss or In the AICWW or any area where project is not expected to result in loss modification to the habitat used by explosives are required to remove bridge of bottlenose dolphin habitat. Habitat Atlantic bottlenose dolphins in the support structures, marine mammal modifications, if any, are anticipated to AICWW. The primary source of marine protection measures will be employed be inconsequential and are not expected mammal habitat impact resulting from by the JTA. For each explosive charge, to have any effect on the dolphin the explosive demolition is noise, which the JTA will ensure that a detonation species and/or stock. is intermittent (maximum 3 times per will not occur if a marine mammal is The blasting versus non–blasting year) and of limited duration. The sighted by a dedicated biologically– discussion hinges on whether the effects of debris (which will be trained observer within the safety zone, additional 500 hours of permitted tug/ recovered following test activities), were a circular area around the detonation barge activity without several trained analyzed in JTA’s application and site with the following radius: R = wildlife observers represents a greater concluded that marine mammal habitat 520(W)1⁄3 + 500 (520 times the cube root risk to wildlife than the three proposed would not be affected. of the weight of the explosive charge in blast events which include a Watch Plan NMFS anticipates that the action will pounds) where: R = radius of the safety specifically designed and implemented result in no impacts to marine mammal zone in ft; W = weight of the explosive to minimize risk provided the suggested habitat beyond rendering the areas charge in lbs per delay (9 ms minimum mitigation and monitoring is immediately around the bridge support separation). implemented by JTA. structures less desirable shortly after the Although the area inside the Safety Impacts to navigation in the AICWW blasting event. Three blasting events Zone is considered to be an area for are expected to be low, whether blasting over a two to three week period are potential injury, the JTA and NMFS occurs or not. However, it is obvious anticipated during the validity of the believe that because all explosive that a project entailing 400 hours of tug/ IHA. charges will be stemmed (placed in barge activity will be less impacting Blasting impacts to the AICWW drilled hole and tamped with rock), the than 900 hours of tug/barge operations. estuarine water column and bottoms areas for potential mortality and injury The only two practical means of will consist of three rapidly moving will be significantly smaller than this removing the existing footers is by pressure waves. Excepting a very small area and, therefore, it is unlikely that chipping or explosives, with chipping area (approximately 40 ft or 12.2 m) even non–serious injury would occur if the no–action alternative, in this case. immediately around the blasts, the as is believed to be the case, monitoring Chipping while protracted, is in fact substrate will not be affected. The and mitigating this zone will be possible. However, risks to wildlife, estuarine water column will be affected effective. Since bottlenose dolphins are slight risks to boat navigation and brief for a distance less than 1,824 ft (556.4 commonly found on the surface of the channel closures are all positively m) from the blasts (according to the water, implementation of a mitigation correlated to the demolition duration. commonly used blasting safety formula). and monitoring program is expected by Therefore, explosive demolition, while The impacts will be localized and NMFS to be effective. not risk–free, is superior to chipping. instantaneous. Impacts to marine The JTA will implement mitigation The location and nature of the mammal, invertebrate, and fish species measures and a monitoring program that blasting combine to indicate that are not expected to be detrimental. will establish the Safety Zone radius to impacts to the AICWW will be limited. ensure that bottlenose dolphins will not The footprint of the bridge in the Mitigation be injured during blasting and that blasting area comprises a channel that In the absence of acoustic impacts will be at the lowest level experiences high scour, and shallower measurements (due to the high cost and practicable. Additional mitigation bottoms that are covered with rip rap, complex instrumentation needed), in measures include: (1) confining the

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explosives in a borehole with drill USFWS, SJRWMD, Florida Fish and determine how best to proceed to ensure patterns restricted to a minimum of 8 ft Wildlife Conservation Commission that another injury or death does not (2.4 m) separation from any other (FWC), and ACOE. The Watch Plan has occur and to ensure that the applicant loaded borehole; (2) restricting the been prepared to ensure the protection remains in compliance with the MMPA. hours of detonation from 2 hours after of those species large enough to be Several mitigation measures to reduce sunrise to 1 hour before sunset to ensure located visually within the zone of the potential for harassment from adequate observation of marine blasting activities influence. explosive demolition activities would mammals in the Safety Zone; (3) A nearly identical Watch Plan was be (or are proposed to be implemented) staggering the detonation for each used during the demolition of the Fuller implemented as part of the blasting explosive hole in order to spread the Warren Bridge, which spans construction activities. The potential explosive’s total overpressure over time; approximately 3,600 ft (1,097.6 m) over risk of injury or mortality would be (4) capping or stemming the boreholes open water in downtown Jacksonville, avoided with the following proposed containing explosives with angular rock Florida. The Beach Boulevard Bridge mitigation and monitoring measures. or crushed stone (sized at 1/20 to 1/8 of spans approximately 300 ft (91.5 m) Monitoring of the test area will continue the borehole diameter) to a minimum of over open water. Applying the same throughout the activity until the last 12 inches in depth in order to reduce specifications for a project that is more detonation is complete. The activity the outward potential of the blast, than an order of magnitude smaller in would be postponed if: thereby reducing the chance of injuring scale represents an effort to provide (1) Any marine mammal is visually a marine mammal; (5) matching, to the more than adequate protection for large detected with the Safety Zone (1,824 ft). extent possible, the energy needed in wildlife including bottlenose dolphins. The delay would continue until the the ‘‘work effort’’ of the borehole to the The observer monitoring program will animal(s) that caused the postponement rock mass to minimize excess energy take place in a large circular area around is confirmed to be outside the Safety vented into the water column; (6) the blasting site (also referred to as the Zone (visually observed swimming out establishing a Safety Zone (1,824 ft) for Watch Zone). Any marine mammal(s) in of the range and not likely to return). the Safety, or Watch Zone will not be confined blasting based on the (2) Any marine mammal is detected in forced to move out of those zones by maximum weight of explosives the Safety Zone and subsequently is not human intervention. Detonation shall detonated (16.5 lbs per 25 ms delay) and seen again. The activity would not not occur until the animal(s) move(s) calculated using the Navy Diver continue until the last verified location out of the Safety Zone on its own Formula; (7) conducting a marine is outside the Safety Zone and the protected species watch (as described in volition. Monitoring and mitigation will animal is moving away from the activity the Marine Wildlife Safety Plan and area, or the animal has not been seen for Manatee, Marine Mammal, Sea Turtle consist primarily of surveying and taking action to avoid detonating at least 30 minutes within the Safety Survey Watch Plan) with no less than Zone. five NMFS–qualified observers from a charges when protected species are (3) Large schools of fish are observed small water craft, aircraft, and/or an within the Safety Zone radius. The in the water within the Safety Zone. The elevated platform on the explosives marine wildlife safety observer team delay would continue until large barge, beginning at least 60 minutes will consist of five members. The team schools are confirmed to be outside the before and continuing for at least 30 will have a chief observer, who will be Safety Zone. minutes after each detonation to ensure the aerial observer in a helicopter, and that there are no marine mammals in the four other stationary ground and/or In the event of a postponement, pre– area at the time of detonation; (8) waterborne observers. Observers will be activity monitoring would continue as allowing animals to leave the Safety equipped with two–way radios, long as weather and daylight hours Zone under their own volition; and (9) binoculars, a sighting log, map, signal allow. If a charge failed to explode, conducting blasts during time periods of flags, and polarized sunglasses. mitigation measures would continue the year when there are low marine Proposed monitoring requirements in while operations personnel attempted to mammal abundance densities. Avoiding relation to JTA’s blasting activities will recognize and solve the problem, i.e., periods when marine mammals are in include observations made by the detonate the charge. the blasting zone is another mitigation applicant and their associates. A formal Plan Coordination Meeting measure to protect marine mammals Information recorded will include will be held no later than three days from underwater explosions. Given the species counts, numbers of observed before the first detonation event to poor water clarity and available habitat disturbances, and descriptions of the review the items listed above, to discuss in the immediate area of the project, the disturbance behaviors before, during the responsibilities of all parties, and to USFWS recommended demolition and after blasting activities. review and approve the schedule of utilizing explosives during the Observations of unusual behaviors, events. Attendees will include the ‘‘manatee construction window’’ numbers, or distributions of marine contractor’s representative, the entire (December–February) when the mammals and sea turtles in the activity Marine Wildlife Safety Observer team, occurrence or density of marine area to NMFS and USFWS so that any the blasting consultant, the USFWS, mammals in the Jacksonville area is at potential follow–up observations can be FWC, the USCG, and other interested its lowest. conducted by the appropriate personnel. environmental parties such as NMFS In addition, observations of tag–bearing and Florida Marine Patrol. The agenda Monitoring marine mammal, sea turtles, and fish will be coordinated by Superior The JTA will be implementing a carcasses as well as any rare or unusual Construction with the blasting Marine Wildlife Safety Plan and a species of marine mammals and fish contractor, USFWS, and FDEP. It will Manatee, Marine Mammal, and Sea will be reported to NMFS and USFWS. include the latest information about the Turtle Watch Plan (Watch Plan) that If at any time injury or death of any possible presence of marine mammals will minimize the possibility of marine mammal occurs that may be a during the operation, the logistics of the incidental take to pressure waves from result of the proposed blasting activities, detonation schedule, the the blast to the fullest extent practicable. the JTA will suspend activities and communications plan, and the JTA is working on the Watch Plan with contact NMFS immediately to responsibilities of all parties involved.

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A summary report will be submitted to the draft final report. If no comments are monitoring and mitigation measures all interested parties. received from NMFS, the draft final mentioned previously in this document. Post–activity monitoring is designed report will be considered to be the final NMFS has further determined that the to determine the effectiveness of pre– report. anticipated takes will have a negligible activity monitoring and mitigation by impact on the affected species or stock ESA reporting any sightings of dead or of marine mammals. No injury (Level A injured marine mammals. Post– For the reasons already described in harassment), serious injury, and/or detonation monitoring, concentrating on this Federal Register Notice, NMFS has mortality are authorized for marine the area down current of the test site, determined that the described blasting mammals. The provision requiring that would commence immediately activities and the accompanying IHA the activity not have an unmitigable following each detonation and continue may have the potential to adversely adverse impact on the availability of the for at least one hour after the last affect species under NMFS jurisdiction affected species or stock for subsistence detonation. The monitoring team would and protected by the ESA. The ACOE, uses does not apply to this proposed document and report to the appropriate on behalf of the JTA, requested a section action as there are no subsistence users marine mammals killed or injured 7 consultation pursuant to the ESA with within the geographic area of the during the activity and, if practicable, NMFS. Since ESA–listed species are not proposed project. recover and examine any dead animals. expected to be adversely affected by the The species, number, location, and activities provided the described Authorization behavior of any animals observed by the protected species avoidance measures As a result of these determinations, teams would be documented and for the use of explosives are NMFS proposes to issue an IHA to the reported to the project leader. implemented, a Letter of Concurrence JTA for the harassment of small West Indian manatees, which are was prepared by the NMFS Southeast numbers (based on populations of the federally listed as Endangered under the Regional Office, dated October 9, 2008. species and stock) of Atlantic bottlenose ESA and managed by the USFWS, are dolphin incidental to the explosive National Environmental Policy Act not expected in the St. John’s River and demolition of bridge support structures, (NEPA) AICWW (Pablo Creek) during the time provided the previously mentioned periods when the activities would be NMFS prepared an Environmental mitigation, monitoring, and reporting conducted. However, if manatees are Assessment (EA) on an Authorization requirements are incorporated. for the Incidental Take of Marine sighted during the activities, the JTA Dated: November 28, 2008. would follow similar mitigation and Mammals Associated with Confined Helen M. Golde monitoring procedures in place for Underwater Blasting as a Construction bottlenose dolphins to avoid impacts, Method for Civil Works Projects along Deputy Director, Office of Protected Resources, National Marine Fisheries Service. suspending activities in any areas the Coast of Florida by the Jacksonville manatees are occupying. District of the U.S. Army Corps of [FR Doc. E8–28720 Filed 12–3–08; 8:45 am] Engineers, which analyzed the issuance BILLING CODE 3510–22–S Reporting of multiple IHAs over several years for After completion of all detonation these activities, as well as prepared a DEPARTMENT OF COMMERCE events, the Chief Observer will submit SEA for the action. The action described a summary report to regulatory agencies. in the SEA is similar to the action that National Oceanic and Atmospheric This report will contain the observer’s was analyzed in the 2005 EA, and the Administration logs, provide the names of the observers, EA and 2008 SEA remains applicable. A and their positions during the event, the copy of the EA and SEA are available RIN 0648–XC72 number and location of marine upon request (see ADDRESSES). mammals sighted during the monitoring Marine Mammals; File No. 881–1758 Determinations period, the behavior observations of the AGENCY: National Marine Fisheries marine mammals, and the actions that Based on JTA’s application, as well as Service (NMFS), National Oceanic and were taken when the animals were the analysis contained herein, NMFS Atmospheric Administration (NOAA), observed in the project area. has determined that the impact of the Commerce. The JTA will notify NMFS and the described blasting project will result, at ACTION: Notice; issuance of permit Regional Office prior to initiation of most, in a temporary modification in amendment. each explosive demolition session. Any behavior by small numbers of Atlantic takes of marine mammals other than bottlenose dolphin, in the form of SUMMARY: Notice is hereby given that an those authorized by the IHA, as well as temporarily vacating the Beach amendment to scientific research Permit any injuries or deaths of marine Boulevard AICWW Bridge area to avoid No. 881–1758–00 has been issued to the mammals, will be reported to the blasting activity and potential for minor Alaska SeaLife Center (ASLC), 301 Southeast Regional Administrator, visual and acoustic disturbance from Railway Avenue, Seward, AK 99664 (Dr. within 24 hours. A draft final report dredging and detonations. The effect of Ian Dutton, Responsible Party). must be submitted to NMFS within 90 the blasting project is expected to be ADDRESSES: The application and related days after the conclusion of the blasting limited to short–term and localized documents are available for review activities. The report will include a TTS–related behavioral changes. upon written request or by appointment summary of the information gathered Due to the infrequency, short time– in the following offices: pursuant to the monitoring frame, and localized nature of these Permits, Conservation and Education requirements set forth in the IHA, activities, the number of marine Division, Office of Protected Resources, including dates and times of mammals, relative to the population NMFS, 1315 East–West Highway, Room detonations as well as pre– and post– size, potentially taken by harassment is 13705, Silver Spring, MD 20910; phone blasting monitoring observations. A small. In addition, no take by injury or (301)713–2289; fax (301)427–2521; and final report must be submitted to the death is anticipated, and take by Level Alaska Region, NMFS, P.O. Box Regional Administrator within 30 days B harassment will be at the lowest level 21668, Juneau, AK 99802–1668; phone after receiving comments from NMFS on practicable due to incorporation of the (907)586–7221; fax (907)586–7249.

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FOR FURTHER INFORMATION CONTACT: SUMMARY: The Office of the Secretary of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Amy Sloan or Tammy Adams, Defense is amending a system of records Delete entry and replace with ‘‘5 (301)713–2289. notice in its existing inventory of record U.S.C. 1221, 2302, 7121 and 7532; 10 SUPPLEMENTARY INFORMATION: On systems subject to the Privacy Act of U.S.C. 2164, Department of Defense September 21, 2007, a notice was 1974, (5 U.S.C. 552a), as amended. domestic dependent elementary and published in the Federal Register (72 DATES: This proposed action will be secondary schools; 20 U.S.C. 901–907, FR 54001) that an application had been effective without further notice on Overseas Teachers Pay Act; 20 U.S.C. filed by the above named organization. January 5, 2009 unless comments are 931, Regulations; issuance and contents; The requested amendment has been received which result in a contrary 5 CFR 771, Administrative practice and issued under the authority of the Marine determination. procedure, Government employees; DoD Mammal Protection Act of 1972 (16 Directive 1342.20, Department of ADDRESSES: Send comments to the U.S.C. 1361 et seq.), and the regulations Defense Education Activity; DoD Privacy Act Officer, Office of Freedom Education Activity 5771.9, governing the taking and importing of of Information, Washington marine mammals (50 CFR part 216). Administrative Grievance Procedures Headquarters Services, 1155 Defense and E.O. 9397 (SSN).’’ The permit holder requested Pentagon, Washington, DC 20301–1155. authorization to add ringed (Phoca PURPOSE(S): hispida), spotted (P. largha), ribbon (P. FOR FURTHER INFORMATION CONTACT: Mrs. fasciata), and bearded (Erignathus Cindy Allard at (703) 588–2386. Delete entry and replace with ‘‘To barbatus) seals undergoing SUPPLEMENTARY INFORMATION: The Office maintain records for use by management rehabilitation at the ASLC to the permit of the Secretary of Defense systems of in resolving employee grievances. To generate statistical reports, work for the same studies currently permitted records notices subject to the Privacy force studies, and perform other on harbor seals (P. vitulina). The Act of 1974, (5 U.S.C. 552a), as analytical activities supporting applicant also proposed changes to amended, have been published in the personnel management functions of protocols used on harbor seals Federal Register and are available from DoD Education Activity.’’ undergoing rehabilitation, including the address above. removing bioelectrical impedance The specific changes to the record ROUTINE USES OF RECORDS MAINTAINED IN THE measurements and adding blubber systems being amended are set forth SYSTEM, INCLUDING CATEGORIES OF USERS AND ultrasound measurements for body below followed by the notice, as THE PURPOSES OF SUCH USES: condition assessment; and adding amended, published in its entirety. The Delete entry and replace with ‘‘In resting metabolic measurements to aid proposed amendments are not within addition to those disclosures generally in the understanding of metabolic the purview of subsection (r) of the permitted under 5 U.S.C. 552a(b) of the changes associated with health, growth, Privacy Act of 1974, (5 U.S.C. 552a), as Privacy Act, these records or and dietary transitions. The request to amended, which requires the information contained therein may add ice seals to the permit has been submission of a new or altered system specifically be disclosed outside the denied, pursuant to regulations for report. DoD as a routine use pursuant to 5 application procedures (50 CFR 216.33). Dated: November 25, 2008. U.S.C. 552a(b)(3) as follows: The permit amendment authorizes the Morgan E. Frazier, To the Merit Systems Protection requested changes to protocols for the Alternate OSD Federal Register Liaison Board (MSPB), the Merit System harbor seal research. Officer, Department of Defense. Protection Board Office of Special In compliance with the National Counsel, arbitrators appointed under Environmental Policy Act of 1969 (42 DoDEA 21 DoD Education Activity collective U.S.C. 4321 et seq.), a final Department of Defense Education bargaining agreements, the Federal determination has been made that the Activity (DODEA) Grievance Records Labor Relations Authority, the partial amendment is categorically (August 15, 2006, 71 FR 46895). Department of Justice, the Offices of the excluded from the requirement to United States Attorneys, alternate prepare an environmental assessment or CHANGES: dispute resolutions specialists, and the environmental impact statement. * * * * * Federal courts for purposes related to, or Dated: November 24, 2008. incident to, the adjudication or SYSTEM NAME: litigation of the grievance. P. Michael Payne, Delete entry and replace with The DoD ‘Blanket Routine Uses’ set Chief, Permits, Conservation and Education ‘‘Department of Defense Education forth at the beginning of OSD’s Division, Office of Protected Resources, National Marine Fisheries Service. Activity (DoDEA) Labor and compilation of systems of records Employment Grievance Records.’’ notices apply to this system.’’ [FR Doc. E8–28722 Filed 12–3–08; 8:45 am] * * * * * BILLING CODE 3510–22–S * * * * * CATEGORIES OF INDIVIDUALS COVERED BY THE SAFEGUARDS: SYSTEM: Delete entry and replace with ‘‘Access DEPARTMENT OF DEFENSE Delete entry and replace with is provided on a ‘need-to-know’ basis ‘‘Current or former employees who have and to authorized authenticated Office of the Secretary submitted grievances in accordance personnel only. Records are maintained [Docket ID: DoD–2008–OS–0152] with 5 U.S.C. 2302, Prohibited in controlled access rooms or areas. personnel practices; 5 U.S.C. 7121, Computer terminal access is controlled Privacy Act of 1974; System of Grievance procedures or 5 CFR 771, by terminal identification and the Records Administrative practice and procedure, password or similar system. Password Government employees; and DoD authorization, assignment, and AGENCY: Office of the Secretary, DoD. Education Activity 5771.9, monitoring are the responsibility of the ACTION: Notice to amend a system of Administrative Grievance Procedures.’’ functional managers.’’ records notice. * * * * * * * * * *

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DoDEA 21 ROUTINE USES OF RECORDS MAINTAINED IN THE Education Activity, 4040 North Fairfax SYSTEM, INCLUDING CATEGORIES OF USERS AND Drive, Arlington, VA 22203–1634. SYSTEM NAME: THE PURPOSES OF SUCH USES: Written requests for information Department of Defense Education In addition to those disclosures should contain the full name and Activity (DoDEA) Labor and generally permitted under 5 U.S.C. address of the individual, and must be Employment Grievance Records (August 552a(b) of the Privacy Act, these records signed. 15, 2006, 71 FR 46895). or information contained therein may specifically be disclosed outside the RECORD ACCESS PROCEDURES: SYSTEM LOCATION: DoD as a routine use pursuant to 5 Individuals seeking access to U.S.C. 552a(b)(3) as follows: information about themselves contained Department of Defense Education To the Merit Systems Protection in this system should address written Activity, 4040 North Fairfax Drive, Board (MSPB), the Merit System inquiries to the OSD/JS FOIA Requester Arlington, VA 22203–1634. Protection Board Office of Special Service Center, Office of the Freedom of Counsel, arbitrators appointed under Information, Washington Headquarters CATEGORIES OF INDIVIDUALS COVERED BY THE DoD Education Activity collective Services, 1155 Defense Pentagon, SYSTEM: bargaining agreements, the Federal Washington, DC 20301–1155. Current or former employees who Labor Relations Authority, the Written requests should contain the have submitted grievances in Department of Justice, the Offices of the full name, Social Security Number accordance with 5 U.S.C. 2302, United States Attorneys, alternate (SSN), date of birth, and current address Prohibited personnel practices; 5 U.S.C. dispute resolutions specialists, and the and telephone number of the individual. 7121, Grievance procedures or 5 CFR Federal courts for purposes related to, or Individuals should provide the name 771, Administrative practice and incident to, the adjudication or and number of this system of records procedure, Government employees; and litigation of the grievance. notice so that your request can be tasked DoD Education Activity 5771.9, The DoD ‘Blanket Routine Uses’ set to the appropriate OSD/JS office. This Administrative Grievance Procedures. forth at the beginning of OSD’s section must also include a description compilation of systems of records of needed identifier so that the record CATEGORIES OF RECORDS IN THE SYSTEM: notices apply to this system. may be retrieved.

The system contains records relating POLICIES AND PRACTICES FOR STORING, CONTESTING RECORD PROCEDURES: to grievances and arbitrations filed by RETRIEVING, ACCESSING, RETAINING, AND The OSD rules for accessing records, DoD Education Activity employees with DISPOSING OF RECORDS IN THE SYSTEM: for contesting contents and appealing the Agency, with the Office of Special STORAGE: initial agency determinations are Counsel, the Office of Personnel Paper records and electronic records. published in OSD Administrative Management, or the Federal Labor Instruction 81; 32 CFR part 311; or may Relations Authority. Includes records RETRIEVABILITY: be obtained from the Privacy Act relating to the identity of third parties, Names of the individuals initiating Officer, Office of Freedom of pleadings, statements of witnesses, grievance procedures, case number, and Information, Washington Headquarters investigative reports, interviews, by subject matter. Services, 1155 Defense Pentagon, hearings, hearing examiner’s findings Washington, DC 20301–1155. and recommendations, copies of SAFEGUARDS: decisions relating to the grievance, and Access is provided on a ‘need-to- RECORD SOURCE CATEGORIES: know’ basis and to authorized other relevant correspondence and Individuals who have initiated a authenticated personnel only. Records exhibits. grievance; witness statements or are maintained in controlled access testimony; agency officials; labor AUTHORITY FOR MAINTENANCE OF THE SYSTEM: rooms or areas. Computer terminal organization representatives; arbitrators, access is controlled by terminal hearing officials and administrative law 5 U.S.C. 1221, 2302, 7121 and 7532; identification and the password or judges; officials in the Merit Service 10 U.S.C. 2164, Department of Defense similar system. Password authorization, Protection Board Office of Special domestic dependent elementary and assignment, and monitoring are the Counsel; and by officials of the Federal secondary schools; 20 U.S.C. 901–907, responsibility of the functional Labor Relations Authority or Merit Overseas Teachers Pay Act; 20 U.S.C. managers. 931, Regulations; issuance and contents; Systems Protection Board. 5 CFR 771, Administrative practice and RETENTION AND DISPOSAL: EXEMPTIONS CLAIMED FOR THE SYSTEM: procedure, Government employees; DoD Records are destroyed 4 years after the Directive 1342.20, Department of case is closed. None. Defense Education Activity; DoD [FR Doc. E8–28762 Filed 12–3–08; 8:45 am] SYSTEM MANAGER(S) AND ADDRESS: Education Activity 5771.9, BILLING CODE 5001–06–P Administrative Grievance Procedures Chief, Labor-Management & Employee and E.O. 9397 (SSN). Relations Branch, Human Resources Regional Service Center, Department of DEPARTMENT OF DEFENSE PURPOSE(S): Defense Education Activity, 4040 North Fairfax Drive, Arlington, VA 22203– To maintain records for use by Department of the Air Force 1634. management in resolving employee grievances. NOTIFICATION PROCEDURE: [Docket ID: USAF–2008–0041] To generate statistical reports, work Individuals seeking to determine Privacy Act of 1974; System of force studies, and perform other whether information about themselves Records analytical activities supporting is contained in this system should personnel management functions of address written inquiries to the Privacy AGENCY: Department of the Air Force, DoD Education Activity. Act Officer, Department of Defense DoD.

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ACTION: Notice to Add a System of CATEGORIES OF RECORDS IN THE SYSTEM: RETENTION AND DISPOSAL: Records Notice. Biographical, duty and background Retained for 30 years or until no information including but not limited to longer needed and then deleted from the SUMMARY: The Department of the Air individual’s name, grade/rank, Social database. Force proposes to add a system of Security Number (SSN), date and place SYSTEM MANAGER(S) AND ADDRESS: records notice to its inventory of records of birth, telephone number, line badge systems subject to the Privacy Act of information, and certifications. ACES/IWIMS Program Manager, HQ 1974 (5 U.S.C. 552a), as amended. AFCESA/CEOI, 139 Barnes Drive, Suite AUTHORITY FOR MAINTENANCE OF THE SYSTEM: DATES: The actions will be effective on 1, Tyndall AFB, FL 32403–5319. January 5, 2009 unless comments are 10 U.S.C. 8013, Secretary of the Air NOTIFICATION PROCEDURE: Force; Department of Defense (DoD) received that would result in a contrary Individuals seeking to determine Instruction (DoDI) 6055.06, DoD Fire determination. whether information about themselves and Emergency Services Program; Air ADDRESSES: Send comments to the Air is contained in this system should Force Policy Directive 32–20, Fire Force Privacy Act Officer, Office of address written inquiries to the ACES/ Emergency Services; and E.O. 9397 Warfighting Integration and Chief IWIMS Program Manager, HQ AFCESA/ (SSN). Information Officer, SAF/XCX, 1800 Air CEOI, 139 Barnes Drive, Suite 1, Force Pentagon, Suite 220, Washington, PURPOSE(S): Tyndall AFB, FL 32403–5319. DC 20330–1800. To support the resources, equipment, Written requests will contain FOR FURTHER INFORMATION CONTACT: Mr. and personnel that will be dispatched in individual’s name, Social Security Kenneth Brodie at (703) 696–7557. fire emergency operations. In addition, Number (SSN), office or organization it will provide fire prevention and where currently assigned, if applicable, SUPPLEMENTARY INFORMATION: The current address, and telephone number. Department of the Air Force’s record protection, fire fighting, rescue, and system notices for records systems Hazardous Materials (HazMat) response RECORD ACCESS PROCEDURES: subject to the Privacy Act of 1974 (5 capabilities to prevent or minimize Individuals seeking to determine U.S.C. 552a), as amended, have been injury, loss of life, and damage to whether information about themselves published in the Federal Register and property and the environment. The fire is contained in this system should are available from the address above. prevention program consisting of fire address written inquiries to the ACES/ The proposed system report, as safety education, inspections, IWIMS Program Manager, HQ AFCESA/ required by 5 U.S.C. 522a(r) of the enforcement and facility design review. CEOI, 139 Barnes Drive, Suite 1, Privacy Act of 1974, as amended, was This will ensure an early intervention at Tyndall AFB, FL 32403–5319. submitted on November 18, 2008, to the emergency events by occupants, Written requests will contain House Committee on Oversight and operators, and automatic fire protection individual’s name, Social Security Government Reform, the Senate systems. Number (SSN), office or organization Committee on Homeland Security and ROUTINE USES OF RECORDS MAINTAINED IN THE where currently assigned, if applicable, Governmental Affairs, and the Office of SYSTEM, INCLUDING CATEGORIES OF USERS AND current address, and telephone number. Management and Budget (OMB) THE PURPOSES OF SUCH USES: CONTESTING RECORD PROCEDURES: pursuant to paragraph 4c of Appendix I In addition to those disclosures The Air Force rules for accessing to OMB Circular No. A–130, ‘‘Federal generally permitted under 5 U.S.C. records, for contesting contents and Agency Responsibilities for Maintaining 552a(b) of the Privacy Act of 1974, these appealing initial agency determinations Records About Individuals,’’ dated records or information contained are published in Air Force Instruction February 8, 1996 (February 20, 1996, 61 therein may specifically be disclosed 33–332;32 CFR part 806b; or may be FR 6427). outside the DoD as a routine use obtained from the system manager. Dated: November 25, 2008. pursuant to 5 U.S.C. 552a(b)(3) as Morgan E. Frazier, follows: RECORD SOURCE CATEGORIES: Alternate OSD Federal Register Liaison The DoD ‘Blanket Routine Uses’ Individual. Officer, Department of Defense. published at the beginning of the Air Force’s compilation of record system EXEMPTIONS CLAIMED FOR THE SYSTEM: F032 AFCES A notices apply to this system. None.

SYSTEM NAME: POLICIES AND PRACTICES FOR STORING, [FR Doc. E8–28714 Filed 12–3–08; 8:45 am] Civil Engineer System-Fire RETRIEVING, ACCESSING, RETAINING, AND BILLING CODE 5001–06–P Department Records. DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: SYSTEM LOCATION: DEPARTMENT OF DEFENSE Electronic storage media. The Fire Departments or the Base Department of the Air Force Network Control Centers at Air Force RETRIEVABILITY: installations worldwide. Official Individual’s name and Social Security [Docket ID: USAF–2008–0040] mailing addresses are published as an Number (SSN). Privacy Act of 1974; System of appendix to the Air Force’s compilation Records of systems of records notices. SAFEGUARDS: Access to records is limited to persons AGENCY: Department of the Air Force, CATEGORIES OF INDIVIDUALS COVERED BY THE responsible for servicing the record in DoD. SYSTEM: performance of their official duties and ACTION: Notice to add a system of Individuals involved in the fire who are properly screened and cleared records. operations to include active duty U.S. for need-to-know. Access to the Air Force, civilians and contractors application is restricted by passwords SUMMARY: The Department of the Air personnel. which are changed periodically. Force is proposing to add a system of

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records to its inventory of record reservation); cancellation and standby SAFEGUARDS: systems subject to the Privacy Act of codes (identifies the reason the Records are accessed by person(s) 1974 (5 U.S.C. 552a), as amended. passenger did not depart as scheduled); responsible for servicing the record DATES: The changes will be effective on flight number; departure date and system in performance of their official January 5, 2009 unless comments are reporting time, and other administrative duties and by authorized personnel who received that would result in a contrary coding. are properly screened and cleared for determination. need-to-know. Records are stored in AUTHORITY FOR MAINTENANCE OF THE SYSTEM: ADDRESSES: Send comments to the Air locked rooms and cabinets. Those in Force Privacy Act Officer, Office of 10 U.S.C. 8013, Secretary of the Air computer storage devices are protected Warfighting Integration and Chief Force; DoD Regulation 4500.9E, by computer system software. Information Officer, SAF/XCPPI, 1800 Transportation and Traffic Management; RETENTION AND DISPOSAL: Air Force Pentagon, Washington, DC Air Force Program Management 20330–1800. Directive #5272(2)/38610F, Cargo Transportation authorizations and Movement Operations System; and E.O. orders are retained in office files for five FOR FURTHER INFORMATION CONTACT: Mr. years after the annual cutoff, and then Kenneth Brodie at (703) 696–7557. 9397 (SSN). destroyed. Other records in the system SUPPLEMENTARY INFORMATION: The PURPOSE(S): are retained in office files until Department of the Air Force notices for To establish a system that will superseded, obsolete, no longer needed systems of records subject to the Privacy provides the capability to effectively for reference, or on inactivation, and Act of 1974 (5 U.S.C. 552a), as amended, plan, document, and manage outbound then destroyed. These records are have been published in the Federal and inbound cargo and to plan, destroyed by one of the following means Register and are available from the schedule, and monitor the execution of tearing into pieces, shredding, pulping, address above. transportation activities in support of macerating, burning, or degaussing in The proposed systems reports, as deployment and reception of forces. The the case of magnetic computer media. required by 5 U.S.C. 552a(r) of the system will accumulate and aggregate Privacy Act of 1974, as amended, were SYSTEM MANAGER(S) AND ADDRESS: shipment data, track the completion of submitted on November 18, 2008, to the transportation actions, prepare and print Director, 754th Electronic Systems House Committee on Government movement documentation, prepare and Group, Headquarters, Air Force Material Oversight and Reform, the Senate transmit advance shipment notification Command, 200 East Moore Drive, Committee on Homeland Security and to all involved activities, and prepare Maxwell AFB Gunter Annex, AL 36114– Governmental Affairs, and the Office of and transmit system reports. As a 3014. Management and Budget (OMB) management tool, the records will pursuant to paragraph 4c of Appendix I NOTIFICATION PROCEDURE: determine passenger movement trends to OMB Circular No. A–130, ‘‘Federal and prepare aircraft manifests. Individuals seeking to determine Agency Responsibilities for Maintaining whether this system of records contains Records About Individuals,’’ dated ROUTINE USES OF RECORDS MAINTAINED IN THE information on themselves should February 8, 1996 (February 20, 1996, 61 SYSTEM, INCLUDING CATEGORIES OF USERS AND address inquiries to 754th Electronic FR 6427). THE PURPOSES OF SUCH USES: Systems Group, Headquarters, Air Force Dated: November 25, 2008. In addition to those disclosures Material Command, 200 East Moore Morgan E. Frazier, generally permitted under 5 U.S.C. Drive, Maxwell AFB Gunter Annex, AL 36114–3014. Alternate OSD Federal Register Liaison 552a(b) of the Privacy Act, these records Officer, Department of Defense. or information contained therein may Written requests should contain specifically be disclosed outside the individual’s name, Social Security F024 AF AFMC A DoD as a routine use pursuant to 5 Number (SSN), reservation identification code, and movement SYSTEM NAME: U.S.C. 552a(b)(3) as follows: channel. Cargo Movement Operations System To other Federal agencies and offices Records. to provide passenger manifest RECORD ACCESS PROCEDURES: information. Individuals seeking to access records SYSTEM LOCATION: To Global Air Transportation about themselves contained in this Defense Enterprise Computing Center Execution System and Global system should address requests to the Montgomery, Bldg 857, Room 200, 401 Transportation Network to use the data 754th Electronic Systems Group, East Moore Drive, Maxwell AFB-Gunter for the purpose to manifest passengers Headquarters, Air Force Material Annex 36114–3004. on military and government civilian Command, 200 East Moore Drive, contracted aircrafts. CATEGORIES OF INDIVIDUALS COVERED BY THE Maxwell AFB Gunter Annex, AL 36114– SYSTEM: The DoD ‘‘Blanket Routine Uses’’ 3014. published at the beginning of the Air Any individual (military or civilian) Written requests should contain Force’s compilation of systems of who is a passenger on a military or individual’s name, Social Security records notices apply to this system. civilian contracted aircraft or any Cargo Number (SSN), reservation Movement Operations System user. POLICIES AND PRACTICES FOR STORING, identification code, and movement RETRIEVING, ACCESSING, RETAINING, AND channel. CATEGORIES OF RECORDS IN THE SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: Include but not limited to travel CONTESTING RECORD PROCEDURES: order, transportation authorizations, STORAGE: The Air Force rules for accessing individual’s name and Social Security Electronic storage media. records, and for contesting contents and Number (SSN), grade, seats required; appealing initial agency determinations origin; destination; requested travel RETRIEVABILITY: are published in Air Force Instruction dates, routing indicator (identifies the Individual’s name and Social Security 37–132; 32 CFR parts 806b; or may be activity/installation requesting the Number (SSN). obtained from the system manager.

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RECORD SOURCE CATEGORIES: ‘‘e-Filing’’ link. If unable to be filed number has been assigned to the Individuals, military transportation electronically, documents may be paper- proposed Project (PF08–30–000). The and personnel activities, or other filed. To paper-file, an original and eight purpose of the pre-filing process is to agencies designated to arrange air copies should be mailed to: Kimberly D. encourage early involvement of passenger reservations. Bose, Secretary, Federal Energy interested stakeholders and to identify Regulatory Commission, 888 First and resolve issues before an application EXEMPTIONS CLAIMED FOR THE SYSTEM: Street, NE., Washington, DC 20426. For is filed with the FERC. None. more information on how to submit This NOI is being sent to Federal, [FR Doc. E8–28754 Filed 12–3–08; 8:45 am] these types of filings please go to the State, and local government agencies; BILLING CODE 5001–06–P Commission’s Web site located at http://www.ferc.gov/filing- elected officials; affected landowners; comments.asp. More information about environmental and public interest groups; Indian tribes and regional DEPARTMENT OF ENERGY this project can be viewed or printed on the ‘‘eLibrary’’ link of the Commission’s Native American organizations; Federal Energy Regulatory Web site at http: commentors and other interested Commission //www.ferc.gov/docs-filing/elibrary.asp. parties; and local libraries and Enter the docket number (P–13274) in newspapers. We 2 encourage [Project No. 13274–000] the docket number field to access the government representatives to notify document. For assistance, call toll-free their constituents of this proposed Monadnock Paper Mills, Inc.; Notice of 1–866–208–3372. Project and encourage them to comment Preliminary Permit Application on their areas of concern. Accepted for Filing and Soliciting Kimberly D. Bose, Comment, Motions To Intervene, and Secretary. If you are a landowner receiving this Competing Applications [FR Doc. E8–28700 Filed 12–3–08; 8:45 am] notice, you may be contacted by a BILLING CODE 6717–01–P Northwest representative about the November 26, 2008. acquisition of an easement to construct, Monadnock Paper Mills, Inc. (MPM), operate, and maintain the proposed filed an application on August 7, 2008, DEPARTMENT OF ENERGY facilities. Northwest would seek to pursuant to section 4(f) of the Federal negotiate a mutually acceptable Power Act, proposing to study the Federal Energy Regulatory agreement. However, if the Project is feasibility of adding additional capacity Commission approved by the FERC, that approval to the Monadnock Hydroelectric Project conveys with it the right of federal at the project’s Powder Mill Dam [Docket No. PF08–30–000] Development, which would be located eminent domain. Therefore, if easement Northwest Pipeline GP; Notice of Intent near the towns of Bennington and negotiations fail to produce an To Prepare an Environmental Antrim on the Contoocook River in agreement, and the Project is ultimately Assessment for the Proposed Hillsborough County, New Hampshire. approved by the FERC, Northwest could Sundance Trail Expansion Project; The proposed Powder Mill Dam initiate condemnation proceedings in Request for Comments on Hydroelectric Project would utilize accordance with Federal law. Environmental Issues MPM’s licensed Powder Mill Dam of the A fact sheet prepared by the FERC Monadnock Hydroelectric Project, FERC November 26, 2008. entitled ‘‘An Interstate Natural Gas No. 6597 for which MPM is the licensee The Federal Energy Regulatory Facility on My Land? What Do I Need and would consist of: (1) A new Commission (FERC or Commission) is To Know?’’ is available for viewing on generating unit with a total installed in the process of preparing an the FERC Internet Web site (http:// capacity of 200 kW, (2) a new environmental assessment (EA) on the www.ferc.gov/for-citizens/citizen- transmission line connecting to existing environmental impacts of the Sundance guides.asp). This fact sheet addresses a power lines, and (3) appurtenant Trail Expansion Project (Project) number of typically asked questions, facilities. The project would have an involving the construction and including the use of eminent domain annual generation of 0.7 gigawatts- operation of new underground natural and how to participate in FERC’s hours, which would be sold to a local 1 gas pipeline looping and a modified proceedings. utility. compressor station proposed by Applicant Contact: Mr. Paul Ciccone, Northwest Pipeline GP (Northwest). The Summary of the Proposed Project Vice President Research and Project is under review in Docket No. Northwest has proposed to construct Development, Technical Services, PF08–30–000. Monadnock Paper Mills, Inc., 117 This Notice of Intent (NOI) explains and operate the Project to provide 150 Antrim Road, Bennington, NH 03442; the scoping process that will be used to Mdth/d of transportation capacity out of phone: (603) 588–3311. FERC Contact: gather input from the public and the Piceance Basin for delivery into the Tom Papsidero, (202) 502–6002. interested agencies on the Project. Your Kern River Gas Transmission Company Deadline for filing comments, motions input will help determine which issues system where it can be transported to to intervene, competing applications will be evaluated in the EA. Please note Utah, southern Nevada, and southern (without notices of intent), or notices of that the scoping period for this Project California markets. The Project’s intent to file competing applications: 60 will close on December 29, 2008. pipeline loop would be located in days from the issuance of this notice. Although a formal application has not Lincoln County, Wyoming, and the Comments, motions to intervene, been filed, the FERC has already compressor station modification would notices of intent, and competing initiated its NEPA review under its pre- take place in Uintah County, Utah. applications may be filed electronically filing process. A pre-filing docket via the Internet. See 18 CFR 2 ‘‘We’’, ‘‘us’’, and ‘‘our’’ refer to the 385.2001(a)(1)(iii) and the instructions 1 A pipeline loop is a segment of pipeline environmental staff of the Office of Energy Projects on the Commission’s Web site under the immediately adjacent to an existing pipeline. (OEP).

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Location maps depicting the proposed requests public comments on the scope written form. For your convenience, facilities are attached to this NOI as of the issues to address in the EA. All there are three methods which you can Appendix 1.3 comments received are considered use to submit your written comments to Specifically, Northwest proposes the during the preparation of the EA. State the Commission. In all instances please following components for the Project: and local government representatives reference the Project docket number • Construction of 15.5 miles of 30- are encouraged to notify their (PF08–30–000) with your submission. inch-diameter underground natural gas constituents of this proposed action and The three methods are: pipeline originating with northwest’s encourage them to comment on their (1) You may file your comments areas of concern. mainline at Valve 6–2 at milepost (MP) electronically by using the Quick 422.2 (MP 0.0 of the Project) and In the EA we will discuss impacts that could occur as a result of the Comment feature, which is located on terminating at a tie-in at mainline MP the Commission’s Internet Web site at 437.7 in Lincoln county Wyoming. construction and operation of the • proposed project under these general http://www.ferc.gov under the link to Abandonment by removal of two Documents and Filings. A Quick obsolete 3,165-horsepower (hp) at the headings: • Geology and soils. Comment is an easy method for existing Vernal compressor Station in • interested persons to submit text-only Uintah County, Utah, and replacing Water resources. • Aquatic resources. comments on a project; them with one 9,700-hp compressor • Vegetation and wildlife. (2) You may file your comments unit, as well as installation of associated • Threatened and endangered gas piping and gas coolers. electronically by using the eFiling • species. feature, which is located on the Use of two or three of the following • Land use, recreation, and visual Commission’s Internet Web site at five potential construction yard sites: resources. • Muddy Creek Construction Yard, • Cultural resources. http://www.ferc.gov under the link to located within the Northwest’s existing • Socioeconomics. Documents and Filings. eFiling involves Muddy Creek Compressor Station, about • Air quality and noise. preparing your submission in the same 6 miles south of Opal in Lincoln • Reliability and safety. manner as you would if filing on paper, County, Wyoming; • Cumulative impacts. and then saving the file on your • Kemmerer Construction Yard, an We will also evaluate reasonable computer’s hard drive. You will attach existing pipe unloading and storage area alternatives to the proposed project or that file as your submission. New located adjacent to the Union Pacific portions of the project, and make eFiling users must first create an Railroad, about 4 miles south of recommendations on how to lessen or account by clicking on ‘‘Sign up’’ or Kemmerer, in Lincoln County, avoid impacts on the various resource ‘‘eRegister.’’ You will be asked to select Wyoming; areas. the type of filing you are making. A • James Town Construction Yard, an Our independent analysis of the comment on a particular project is existing industrial site located about 4 issues will be in the EA. Depending on considered a ‘‘Comment on a Filing;’’ or miles west of Green River, in the comments received during the scoping process, the EA may be (3) You may file your comments via Sweetwater County, Wyoming; mail to the Commission by sending an • Granger Construction Yard, an published and mailed to federal, state, and local agencies, public interest original and two copies of your letter to: existing industrial site located about 0.5 Kimberly D. Bose, Secretary, Federal mile northwest of Granger in groups, interested individuals, affected landowners, newspapers, libraries, and Energy Regulatory Commission, 888 Sweetwater County, Wyoming; and First St., NE., Room 1A, Washington, DC • the Commission’s official service list for Peru Cutoff Construction Yard, an 20426; existing industrial site located about 7 this proceeding. A comment period will miles west of Green River in Sweetwater be allotted for review if the EA is Label one copy of the comments for County, Wyoming. published. We will consider all the attention of Gas Branch 3, PJ–11.3. comments on the EA before we make The Commission encourages The EA Process our recommendations to the electronic filing of comments and has The National Environmental Policy Commission. dedicated eFiling expert staff available Act (NEPA) requires the Commission to To ensure your comments are to assist you at 202–502–8258 or take into account the environmental considered, please carefully follow the [email protected]. impacts that could result from an action instructions in the Public Participation section. Once Northwest formally files its whenever it considers the issuance of a application with the Commission, you Certificate of Public Convenience and Public Participation may want to become an ‘‘intervenor,’’ Necessity. NEPA also requires us to You can make a difference by which is an official party to the discover and address concerns the providing us with your specific proceeding. Intervenors play a more public may have about proposals. This comments or concerns about the Project. formal role in the process and are able process is referred to as ‘‘scoping.’’ The Your comments should focus on the to file briefs, appear at hearings, and be main goal of the scoping process is to potential environmental effects, heard by the courts if they choose to focus the analysis in the EA on the reasonable alternatives, and measures to appeal the Commission’s final ruling. important environmental issues. By this avoid or lessen environmental impacts. An intervenor formally participates in a Notice of Intent, the Commission staff The more specific your comments, the Commission proceeding by filing a more useful they will be. To ensure that request to intervene. Instructions for 3 The appendices referenced in this notice are not printed in the Federal Register, but they are being your comments are timely and properly becoming an intervenor are included in provided to all those who receive this notice in the recorded, please send in your comments the User’s Guide under the ‘‘e-filing’’ mail. Copies of the NOI can be obtained from the so that they will be received in link on the Commission’s Web site. Commission’s Web site at the ‘‘eLibrary’’ link, from Washington, DC on or before December Please note that you may not request the Commission’s Public Reference Room, or by calling (202) 502–8371. For instructions on 29, 2008. intervenor status at this time. You must connecting to eLibrary, refer to the end of this Comments on the proposed Project wait until a formal application is filed notice. should be submitted to the FERC in with the Commission.

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Environmental Mailing List DEPARTMENT OF ENERGY adversely affected by continued approvals of Pennsylvania Windfarm’s An effort is being made to send this Federal Energy Regulatory issuance of securities or assumptions of notice to all individuals, organizations, Commission liability. and government entities interested in [Docket No. ER02–2166–000] Copies of the full text of the Director’s and/or potentially affected by the Order are available from the proposed project. This includes all Pennsylvania Windfarms, Inc.; Notice Commission’s Public Reference Room, landowners whose property may be of Issuance of Order 888 First Street, NE., Washington, DC used temporarily for project purposes, 20426. The Order may also be viewed who have existing easements from the November 26, 2008. on the Commission’s Web site at pipeline, or who own homes within Pennsylvania Windfarms, Inc. http://www.ferc.gov, using the eLibrary distances defined in the Commission’s (Pennsylvania Windfarms) filed an link. Enter the docket number excluding regulations of certain aboveground application for market-based rate the last three digits in the docket facilities. authority, with an accompanying tariff. number filed to access the document. The proposed market-based rate tariff Comments, protests, and interventions If you do not want to send comments provides for the sale of energy, capacity at this time but still want to remain on may be filed electronically via the and ancillary services at market-based Internet in lieu of paper. See, 18 CFR our mailing list, please return the rates. Pennsylvania Windfarms also 385.2001(a)(1)(iii) and the instructions Information Request (Appendix 3). If requested waivers of various on the Commission’s Web site under the you do not return the Information Commission regulations. In particular, ‘‘e-Filing’’ link. The Commission Request, you will be taken off the Pennsylvania Windfarms requested that strongly encourages electronic filings. mailing list. the Commission grant blanket approval under 18 CFR part 34 of all future Kimberly D. Bose, Additional Information issuances of securities and assumptions Secretary. Additional information about the of liability by Pennsylvania Windfarms. [FR Doc. E8–28701 Filed 12–3–08; 8:45 am] Project is available from the On August 5, 2002, pursuant to BILLING CODE 6717–01–P Commission’s Office of External Affairs delegated authority, the Director, at 1–866–208–FERC (3372), or on the Division of Tariffs and Market Development-West, granted the requests FERC Internet Web site (http:// DEPARTMENT OF ENERGY for blanket approval under part 34 www.ferc.gov) using the ‘‘eLibrary link.’’ (Director’s Order). The Director’s Order Western Area Power Administration Click on the eLibrary link, select also stated that the Commission would ‘‘General Search’’ and enter the Project publish a separate notice in the Federal Request for Interest for Purchase of docket number, excluding the last three Register establishing a period of time for Renewable Energy Products digits (i.e., PF08–30) in the ‘‘Docket the filing of protests. Accordingly, any Number’’ field. Be sure you have AGENCY: Western Area Power person desiring to be heard concerning Administration, DOE. selected an appropriate date range. For the blanket approvals of issuances of ACTION: Notice of Availability of Request assistance with eLibrary, the eLibrary securities or assumptions of liability by for Interest for Purchase of Renewable helpline can be reached at 1–866–208– Pennsylvania Windfarms, should file a Energy Products. 3676, TTY (202) 502–8659, or by e-mail protest with the Federal Energy at [email protected]. The Regulatory Commission, 888 First SUMMARY: The Western Area Power eLibrary link on the FERC Web site also Street, NE., Washington, DC 20426, in Administration, DOE (Western), a provides access to the texts of formal accordance with Rules 211 and 214 of Federal power marketing agency of the documents issued by the Commission, the Commission’s Rules of Practice and U.S. Department of Energy, announces such as orders, notices, and rule Procedure. 18 CFR 385.211, 385.214 the availability of a Request for Interest makings. (2004). The Commission encourages the (RFI) for the Purchase of Renewable In addition, the FERC now offers a electronic submission of protests using Energy Products. Western is seeking free service called eSubscription that the FERC Online link at http:// interest from any supplier regarding the allows you to keep track of all formal www.ferc.gov. long-term purchase (10 to 15 years) of issuances and submittals in specific Notice is hereby given that the renewable energy with or without dockets. This can reduce the amount of deadline for filing protests is December Renewable Energy Certificates (RECs). time you spend researching proceedings 8, 2008. The energy may be delivered to the by automatically providing you with Absent a request to be heard in Upper Great Plains Region, the Rocky notification of these filings, document opposition to such blanket approvals by Mountain Region’s Loveland Area summaries, and direct links to the the deadline above, Pennsylvania Projects, the Colorado River Storage documents. To register for this service, Windfarms is authorized to issue Project, and/or the Desert Southwest securities and assume obligations or go to http://www.ferc.gov/ Region. All available points of delivery liabilities as a guarantor, indorser, esubscribenow.htm. are located within the Western surety, or otherwise in respect of any Interconnection. Public meetings or site visits will be security of another person; provided posted on the Commission’s calendar that such issuance or assumption is for DATES: Responses to the RFI must be located at http://www.ferc.gov/ some lawful object within the corporate received by Western on or before EventCalendar/EventsList.aspx along purposes of Pennsylvania Windfarms, December 18, 2008. with other related information. compatible with the public interest, and FOR FURTHER INFORMATION CONTACT: For is reasonably necessary or appropriate further information or to obtain a copy Kimberly D. Bose, for such purposes. of the RFI, please contact Mr. Tim Vigil, Secretary. The Commission reserves the right to Western Area Power Administration, [FR Doc. E8–28699 Filed 12–3–08; 8:45 am] require a further showing that neither Colorado River Storage Project, Energy BILLING CODE 6717–01–P public nor private interests will be Management and Marketing Office, 1800

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South Rio Grande Avenue, Montrose, applicable information quality outlined projects in these areas. EPA CO 81401, (970) 240–6218, fax (970) guidelines. This document has not been reports regularly on progress in 240–6295, e-mail renewable- formally disseminated by EPA. It does completing the activities identified in [email protected]. The RFI is also available not represent and should not be the project plan, with the most recent on Western’s Web site at http:// construed to represent any Agency status report issued in March 2008. The www.wapa.gov. policy or determination. EPA will Web site that describes this working SUPPLEMENTARY INFORMATION: Western is consider any public comments group, including the project plan, is seeking interest from any supplier submitted in accordance with this http://www.epa.gov/oppt/pbde. This regarding the long-term purchase of notice when revising the document. draft document addresses the exposure renewable energy to supplement any DATES: The 30-day public comment assessment needs identified in that one or more of, or possibly period begins December 4, 2008, and project plan. It provides a combinations of, four regions. These ends January 5, 2009. Technical comprehensive assessment of the regions span a large area, including comments should be in writing and exposure of Americans to this class of Arizona, New Mexico, Utah, Colorado, must be received by EPA by January 5, persistent organic pollutants. Individual and Wyoming, but are connected by 2009. chapters in this document address: The contiguous transmission lines. Western ADDRESSES: The draft ‘‘An Exposure production, use, and lifecycle of PBDEs; would prefer renewable energy with Assessment of Polybrominated environmental fate; environmental and RECs, but will entertain offsets on price Diphenyl Ethers ‘‘ is available primarily exposure media levels; and human for renewable energy without RECs. via the Internet on the National Center exposure. Delivery points and approximate for Environmental Assessment’s home II. How To Submit Technical Comments amounts of energy desired for each page under the Recent Additions and to the Docket at http:// region are listed in the RFI. Currently, the Data and Publications menus at www.regulations.gov Western is only requesting information http://www.epa.gov/ncea. A limited Submit your comments, identified by concerning renewable energy priced at number of paper copies are available Docket ID No. EPA–HQ–ORD–2008– or below $100 per MWh. from the Information Management 0663, by one of the following methods: Dated: November 21, 2008. Team, NCEA; telephone: 703–347–8561; • http://www.regulations.gov: Follow Timothy J. Meeks, facsimile: 703–347–8691. If you are the online instructions for submitting requesting a paper copy, please provide Administrator. comments. your name, your mailing address, and [FR Doc. E8–28712 Filed 12–3–08; 8:45 am] • E-mail: [email protected]. the document title, ‘‘An Exposure • BILLING CODE 6450–01–P Fax: 202–566–1753. Assessment of Polybrominated • Mail: Office of Environmental Diphenyl Ethers’’. Information (OEI) Docket (Mail Code: Comments may be submitted 2822T), U.S. Environmental Protection ENVIRONMENTAL PROTECTION electronically via http:// AGENCY Agency, 1200 Pennsylvania Ave., NW., www.regulations.gov, by mail, by Washington, DC 20460. The phone [FRL–8746–5; Docket ID No. EPA–HQ–ORD– facsimile, or by hand delivery/courier. number is 202–566–1752. 2008–0663] Please follow the detailed instructions • Hand Delivery: The OEI Docket is provided in the SUPPLEMENTARY located in the EPA Headquarters Docket An Exposure Assessment of INFORMATION section of this notice. Center, Room 3334 EPA West Building, Polybrominated Diphenyl Ethers FOR FURTHER INFORMATION CONTACT: For 1301 Constitution Ave., NW., AGENCY: Environmental Protection information on the public comment Washington, DC. The EPA Docket Agency (EPA). period, contact the Office of Center Public Reading Room is open ACTION: Notice of Public Comment Environmental Information Docket; from 8:30 a.m. to 4:30 p.m., Monday Period. telephone: 202–566–1752; facsimile: through Friday, excluding legal 202–566–1753; or e-mail: holidays. The telephone number for the SUMMARY: EPA is announcing a 30-day [email protected]. Public Reading Room is 202–566–1744. public comment period for the draft For technical information, contact Such deliveries are only accepted document titled, ‘‘An Exposure Matthew Lorber, NCEA; telephone: 703– during the docket’s normal hours of Assessment of Polybrominated 347–8535; facsimile: 703–347–8692; or operation, and special arrangements Diphenyl Ethers’’ (EPA/600/R–08/ e-mail: [email protected]. should be made for deliveries of boxed 086A). The document was prepared by SUPPLEMENTARY INFORMATION: information. the National Center for Environmental If you provide comments by mail or Assessment within EPA’s Office of I. Information About the Project/ hand delivery, please submit three Research and Development. The Document copies of the comments. For document provides a comprehensive The United States Environmental attachments, provide an index, number assessment of the exposure of Protection Agency (EPA) has formed a pages consecutively with the comments, Americans to polybrominated diphenyl working group comprised of individuals and submit an unbound original and ethers, PBDEs, a class of brominated from several program offices including three copies. flame retardants. It includes chapters on the Offices of Pesticides, Prevention, Instructions: Direct your comments to use and production of PBDEs, and Toxic Substances; the Office of Docket ID No. EPA–HQ–ORD–2008– environmental fate, environmental and Water; the Office of Research and 0663. Please ensure that your comments exposure media concentrations, and an Development; and the Office of Policy, are submitted within the specified exposure assessment including Economics, and Innovation, to study comment period. Comments received background exposures and exposures to production, use, alternatives, after the closing date will be marked special populations. environmental fate, exposure, and ‘‘late,’’ and may only be considered if EPA is releasing this draft document health effects of polybrominated time permits. It is EPA’s policy to solely for the purpose of pre- diphenyl ethers (PBDEs). This working include all comments it receives in the dissemination peer review under group issued a project plan in 2006 that public docket without change and to

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make the comments available online at FEDERAL COMMUNICATIONS Communications Commission’’ from the http://www.regulations.gov, including COMMISSION list of agencies presented in the ‘‘Select any personal information provided, Agency’’ box, (5) click the ‘‘Submit’’ unless a comment includes information Notice of Public Information button to the right of the ‘‘Select claimed to be Confidential Business Collection(s) Being Submitted for Agency’’ box, and (6) when the list of Information (CBI) or other information Review to the Office of Management FCC ICRs currently under review whose disclosure is restricted by statute. and Budget appears, look for the title of this ICR (or its OMB Control Number, if there is one) Do not submit information that you November 25, 2008. consider to be CBI or otherwise and then click on the ICR Reference SUMMARY: The Federal Communications Number to view detailed information protected through http:// Commission, as part of its continuing www.regulations.gov or e-mail. The about this ICR. effort to reduce paperwork burden, FOR FURTHER INFORMATION CONTACT: For http://www.regulations.gov Web site is invites the general public and other an ‘‘anonymous access’’ system, which additional information or copies of the Federal agencies to take this information collection(s), contact Judith means EPA will not know your identity opportunity to comment on the or contact information unless you B. Herman at 202–418–0214 or via the following information collection(s), as Internet at [email protected]. provide it in the body of your comment. required by the Paperwork Reduction SUPPLEMENTARY INFORMATION: If you send an e-mail comment directly Act (PRA) of 1995, 44 U.S.C. 3501–3520. OMB Control Number: 3060–0816. to EPA without going through http:// An agency may not conduct or sponsor Title: Local Telephone Competition www.regulations.gov, your e-mail a collection of information unless it and Broadband Reporting (Report and address will be automatically captured displays a currently valid control Order, WC Docket No. 07–38, FCC 08– and included as part of the comment number. No person shall be subject to 89; Order on Reconsideration, WC that is placed in the public docket and any penalty for failing to comply with Docket No. 07–38, FC 08–148). a collection of information subject to the made available on the Internet. If you Form No.: FCC Form 477. Paperwork Reduction Act (PRA) that submit an electronic comment, EPA Type of Review: Revision of a does not display a valid control number. recommends that you include your currently approved collection. Comments are requested concerning (a) name and other contact information in Respondents: Business or other for- whether the proposed collection of the body of your comment and with any profit, not-for-profit institutions, and information is necessary for the proper disk or CD–ROM you submit. If EPA state, local or tribal government. performance of the functions of the cannot read your comment due to Number of Respondents: 1,610 Commission, including whether the technical difficulties and cannot contact respondents; 3,220 responses. information shall have practical utility; you for clarification, EPA may not be Estimated Time per Response: 337 (b) the accuracy of the Commission’s able to consider your comment. hours (average). burden estimate; (c) ways to enhance Electronic files should avoid the use of Frequency of Response: Semi-annual the quality, utility, and clarity of the special characters, any form of reporting requirement. information collected; and (d) ways to encryption, and be free of any defects or Obligation to Respond: Mandatory. minimize the burden of the collection of Statutory authority for this information viruses. For additional information information on the respondents, about EPA’s public docket visit the EPA collection is contained in 47 U.S.C. including the use of automated Sections 4(i), 201, 218–220, 251–252, Docket Center homepage at http:// collection techniques or other forms of www.epa.gov/epahome/dockets.htm. 271, 303(r), 332 and 403 of the information technology. Communications Act of 1934, as Docket: Documents in the docket are DATES: Written Paperwork Reduction amended; as well as Section 706 of the listed in the http://www.regulations.gov Act (PRA) comments should be Telecommunications Act of 1996, 47 index. Although listed in the index, submitted on or before January 5, 2009. U.S.C. Section 157nt. some information is not publicly If you anticipate that you will be Total Annual Burden: 1,085,140 available, e.g., CBI or other information submitting PRA comments, but find it hours. whose disclosure is restricted by statute. difficult to do so within the period of Total Annual Cost: N/A. Certain other materials, such as time allowed by this notice, you should Privacy Act Impact Assessment: N/A. copyrighted material, are publicly advise the FCC contact listed below as Nature and Extent of Confidentiality: available only in hard copy. Publicly soon as possible. The Commission will continue to allow available docket materials are available ADDRESSES: Direct all PRA comments to respondents to certify, on the first page either electronically in http:// Nicholas A. Fraser, Office of of each submission, that some data www.regulations.gov or in hard copy at Management and Budget, (202) 395– contained in that submission are the OEI Docket in the EPA Headquarters 5887, or via fax at 202–395–5167 or via privileged or confidential, commercial Docket Center. the Internet at or financial information and that [email protected] and disclosure of such information would Dated: November 19, 2008. to Judith-B. [email protected], Federal likely cause substantial harm to the Rebecca Clark, Communications Commission, or an e- competitive position of the entity Acting Director, National Center for mail to [email protected]. To view a copy of making the submission. If the Environmental Assessment. this information collection request (ICR) Commission receives a request for, or [FR Doc. E8–28713 Filed 12–3–08; 8:45 am] submitted to OMB: (1) Go to the Web proposes to disclose the information, BILLING CODE 6560–50–P page http://reginfo.gov/public/do/ the respondent would be required to PRAMain, (2) look for the section of the make a full showing pursuant to the Web page called ‘‘Currently Under Commission’s rules for withholding Review’’, (3) click on the downward- from public inspection information pointing arrow in the ‘‘Select Agency’’ submitted to the Commission. The box below the ‘‘Currently Under Commission will retain its current Review’’ heading, (4) select ‘‘Federal policies and procedures regarding the

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confidential treatment of submitted FCC to report subscribership information on FEDERAL COMMUNICATIONS Form 477 data, including use only of FCC Form 477. COMMISSION aggregated, non-company specific data The Order on Reconsideration Notice of Public Information in its published reports. The amends FCC Form 477 to require filers Collection(s) Being Reviewed by the Commission will, however, continue its to report the percentage of broadband Federal Communications Commission current practice of publishing most of connections that are residential at the the local telephone information reported for Extension Under Delegated Census Tract level. by the Bell Operating Companies (BOCs) Authority, Comments Requested after consultation with the individual The Telecommunications Act of 1996 November 28, 2008. companies. directs the Commission to take actions Needs and Uses: The Commission to open all telecommunications markets SUMMARY: As part of its continuing effort will submit this information collection to competition and to seek to promote to reduce paperwork burden and as (IC) to the OMB as a revision during this innovation and investment by all required by the Paperwork Reduction comment period to obtain the full three- participants, including new entrants. A Act (PRA) of 1995 (44 U.S.C. 3501– year clearance from them. The central task in creating this framework 3520), the Federal Communications Commission is reporting an increase of is the opening of previously Commission invites the general public 956,340 hours to the total annual monopolized local telecommunications and other Federal agencies to comment burden. This program change increase is markets. By collecting timely and on the following information due to an increase in the estimated reliable information about the pace and collection(s). Comments are requested number of respondents and responses extent of competition for local concerning (a) whether the proposed since this IC was last submitted to the telephony service in different collection of information is necessary OMB in June 2008. geographic areas—including rural for the proper performance of the The Commission is submitting two areas—the Commission significantly functions of the Commission, including rulemakings to the OMB for approval. improves the ability to evaluate the whether the information shall have The first is a Report and Order and effectiveness of actions the Commission practical utility; (b) the accuracy of the Further Notice of Proposed Rulemaking and the states are taking to facilitate Commission’s burden estimate; (c) ways in WC Docket No. 07–38, FCC 08–89 economic competition in those markets. to enhance the quality, utility, and and the second is an Order on The Report and Order provides for clarity of the information collected; and Reconsideration in WC Docket No. 07– additional methods to supplement the (d) ways to minimize the burden of the 38, FCC 08–148. data reported by FCC Form 477 filers, collection of information on the With these two Orders, the including a voluntary self-reporting respondents, including the use of Commission revises the FCC Form 477 system, and a recommendation to the automated collection techniques or data collection to improve the Census Bureau that the American other forms of information technology. An agency may not conduct or sponsor Commission’s understanding of the Community Survey questionnaire be a collection of information unless it extent of broadband deployment, modified to gather information about displays a currently valid OMB control facilitating the development of broadband availability and subscription number. No person shall be subject to appropriate broadband policies. In in households. particular, these amendments will any penalty for failing to comply with improve the Commission’s ability to The information is used by the a collection of information subject to the carry out its obligation under section Commission to prepare reports that help Paperwork Reduction Act that does not 706 of the Telecommunications Act of inform consumers and policy makers at display a valid OMB control number. 1996 to ‘‘determine whether advanced the federal and state level of the DATES: Written PRA comments should telecommunications capability is being development of competition in the local be submitted on or before February 2, deployed to all Americans in a telephone service market and the 2009. If you anticipate that you will be reasonable and timely fashion.’’ deployment of broadband services. The submitting comments, but find it The Report and Order revises the FCC Commission will continue to use the difficult to do so within the period of Form 477 to require all broadband information to better inform its time allowed by this notice, you should providers to report the number of understanding of broadband advise the contact listed below as soon broadband connections in service in deployment in conjunction with its as possible. congressionally mandated section 706 individual Census Tracts. The Report ADDRESSES: Submit your comments by reports. The Commission also uses the and Order adopts three additional e-mail to [email protected]. Include in the e- changes to FCC Form 477. First, it data to support its analyses in a variety mail the OMB control number of the requires providers to report broadband of rulemaking proceedings under the collection. If you are unable to submit service speed data in conjunction with Communications Act of 1934, as your comments by e-mail contact the subscriber counts according to new amended. Absent this information person listed below to make alternate categories for download and upload collection, the Commission would lack arrangements. speeds. These new speed tiers will essential data for assisting it in better identify services that support determining the effectiveness of its FOR FURTHER INFORMATION CONTACT: For advanced applications. Second, it policies and fulfilling its statutory additional information about the amends reporting requirements for responsibilities in accordance with the information collection(s) or to obtain a mobile wireless broadband providers to Communications Act of 1934, as copy of the collection send an e-mail to require them to report the number of amended. [email protected] and include the collection’s OMB control number as subscribers whose data plans allow Federal Communications Commission. them to browse the Internet and access shown in the SUPPLEMENTARY the lawful Internet content of their Marlene H. Dortch, INFORMATION section below, or call choice. Third, it requires providers of Secretary. Leslie F. Smith at (202) 418–0217. interconnected Voice over Internet [FR Doc. E8–28755 Filed 12–3–08; 8:45 am] SUPPLEMENTARY INFORMATION: Protocol (interconnected VoIP) service BILLING CODE 6712–01–P OMB Control Number: 3060–0927.

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Title: Auditor’s Annual Independence Federal Communications Commission. FEDERAL RESERVE SYSTEM and Objectivity Certification. Marlene H. Dortch, Form Number: N/A. Secretary. Formations of, Acquisitions by, and Mergers of Bank Holding Companies Type of Review: Extension without [FR Doc. E8–28757 Filed 12–3–08; 8:45 am] change of a currently approved BILLING CODE 6712–01–P The companies listed in this notice collection. have applied to the Board for approval, Respondents: Businesses or other for- pursuant to the Bank Holding Company profit. Act of 1956 (12 U.S.C. 1841 et seq.) Number of Respondents and FEDERAL RESERVE SYSTEM (BHC Act), Regulation Y (12 CFR Part Responses: 4 respondents; 4 responses. 225), and all other applicable statutes Estimated Time per Response: 5 Change in Bank Control Notices; and regulations to become a bank hours. Acquisition of Shares of Bank or Bank holding company and/or to acquire the Frequency of Response: Annual Holding Companies assets or the ownership of, control of, or reporting requirement. the power to vote shares of a bank or Obligation to Respond: Mandatory. The notificants listed below have bank holding company and all of the See 47 U.S.C. 201(b), 219(b), and 220, applied under the Change in Bank banks and nonbanking companies and 47 CFR Section 64.904. Control Act (12 U.S.C. 1817(j)) and owned by the bank holding company, Total Annual Burden: 20 hours. § 225.41 of the Board’s Regulation Y (12 including the companies listed below. The applications listed below, as well Annual Cost Burden: $0.00. CFR 225.41) to acquire a bank or bank holding company. The factors that are as other related filings required by the Privacy Act Impact Assessment: No considered in acting on the notices are Board, are available for immediate impacts. set forth in paragraph 7 of the Act (12 inspection at the Federal Reserve Bank Nature and Extent of Confidentiality: U.S.C. 1817(j)(7)). indicated. The applications also will be There is no need for confidentiality. available for inspection at the offices of The notices are available for However, respondents may request the Board of Governors. Interested immediate inspection at the Federal materials or information submitted to persons may express their views in Reserve Bank indicated. The notices the Commission be withheld from writing on the standards enumerated in also will be available for inspection at public inspection under 47 CFR 0.459 of the BHC Act (12 U.S.C. 1842(c)). If the the FCC’s rules. the office of the Board of Governors. proposal also involves the acquisition of Needs and Uses: 47 CFR Section Interested persons may express their a nonbanking company, the review also 64.904 requires certain local exchange views in writing to the Reserve Bank includes whether the acquisition of the carriers, in connection with their cost indicated for that notice or to the offices nonbanking company complies with the allocation manual filings and the of the Board of Governors. Comments standards in section 4 of the BHC Act accompanying financial reports the must be received not later than (12 U.S.C. 1843). Unless otherwise Commission prescribes under 47 U.S.C. December 19, 2008. noted, nonbanking activities will be Sections 220, 219(b) and 201(b), to have A. Federal Reserve Bank of Atlanta conducted throughout the United States. an attest engagement performed by an (Steve Foley, Vice President) 1000 Additional information on all bank independent auditor every two years, Peachtree Street, N.E., Atlanta, Georgia holding companies may be obtained covering the prior two year period, or 30309: from the National Information Center have a financial audit performed by an website at www.ffiec.gov/nic/. independent auditor every two years, 1. F.W. Carraway, Jr., Caroline Carraway Sutton, Ann Elizabeth Ray, Comments regarding each of covering the prior two year period. The application must be received at the Leslie Erin Hammelman, Nicholas attest engagement is to be performed in Reserve Bank indicated or the offices of Stephens Sutton, Matthew Yancey accordance with the attestation the Board of Governors by the date Sutton, and Emily Carraway Kemp, all standards established by the American indicated. Institute of Certified Public Accountants of Tallahassee, Florida; F. Wilson A. Federal Reserve Bank of Atlanta (AICPA), except as otherwise directed Carraway, III, and Evan Caroline (Steve Foley, Vice President) 1000 by the Chief, Enforcement Bureau. The Carraway, both of Carrabelle, Florida; Peachtree Street, N.E., Atlanta, Georgia audit is to be conducted in compliance Edward H. Carraway and F.W. 30309: with generally accepted auditing Carraway, II, both of Sarasota, Florida; 1. Educational Funding of the South, standards (GAAS), except as otherwise Elizabeth Leigh Neilson, Destin, Florida; Inc., Knoxville, Tennessee, to become a directed by the Enforcement Bureau. Rena Katherine Taylor, Alligator Point, bank holding company by acquiring 100 The Responsible Accounting Officer Florida; the FMB Banking Corporation percent of the voting shares of letter requires that carriers’ independent KSOP, F. Wilson Carraway and R. Community Bank of the Cumberlands, auditors (a) disclose in writing all Michael Sims, trustees, all of Jamestown, Tennessee. relationships between the auditor and Monticello, Florida; to collectively Comments regarding this application its related entities and the carrier and its acquire additional voting shares of FMB must be received by December 26, 2008. related entities that in the auditor’s Banking Corporation, and thereby B. Federal Reserve Bank of San professional judgment may reasonably indirectly acquire additional voting Francisco (Kenneth Binning, Vice be thought to bear on independence; (b) shares of Farmers & Merchants Bank, President, Applications and confirm in writing that in its both of Monticello, Florida. Enforcement) 101 Market Street, San professional judgment it is independent Board of Governors of the Federal Reserve Francisco, California 94105–1579: of the carrier; and (c) discuss the System, December 1, 2008. 1. 1st Security Bancorp, Inc., to auditor’s independence. The become a bank holding company by information is used to determine Robert deV. Frierson, acquiring 100 percent of the voting whether the independent auditors are Deputy Secretary of the Board. shares of 1st Security Bank of performing their audits independently [FR Doc. E8–28716 Filed 12–3–08; 8:45 am] Washington, both of Mountlake Terrace, and unbiased of the carrier they audit. BILLING CODE 6210–01–S Washington.

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Comments regarding this application Description: The Administration for couples and children in the program must be received by December 29, 2008. Children and Families (ACF) is group to a comparable group of couples Board of Governors of the Federal Reserve conducting an evaluation study titled randomly assigned to a control group. System, December 1, 2008. Supporting Healthy Marriage (SHM). Baseline information is collected from Robert deV. Frierson, This is a largescale, multi-site, rigorous couples at the time they volunteer to Deputy Secretary of the Board. test of marriage and relationship skills participate in an SHM program. The education programs for low-income baseline data collection provides [FR Doc. E8–28715 Filed 12–3–08; 8:45 am] married couples. The baseline information about the characteristics of BILLING CODE 6210–01–S information collection for the study was the husband and wife and information previously approved by the Office of about their attitudes and beliefs about Management and Budget (OMB Number their relationship at study entry. DEPARTMENT OF HEALTH AND 0970–0299) and expires on of May 31, This information will be used to HUMAN SERVICES 2009. The purpose of this notice is to inform the public, program operators inform the public of ACF’s intent to and policymakers about the Administration for Children and request an extension of this clearance characteristics of married couples who Families prior to its expiration. volunteer for marriage education The SHM project is founded on programs and, among other uses, it will Submission for OMB Review; research that indicates that both adults be used to define and conduct analyses Comment Request in healthy marriages and their children of key subgroups, addressing a key do better on a host of outcomes. The study question of who benefits most Proposed Projects evaluation study will determine the from this type of marriage education Title: Supporting Healthy Marriage interim and long-term effectiveness of service. Project Baseline Data Collection eight local programs by comparing Respondents: Low-income married Extension OMB No.: 0970–0299. outcomes on a range of measures for couples.

ANNUAL BURDEN ESTIMATES

Average Annual Number of burden hours Estimated Instrument number of re- responses per per response annual burden spondents respondent (in minutes) hours

Eligibility Checklist ...... 3126 1 5 260 Informed Consent Form ...... 3126 1 10 521 Baseline Information Form ...... 3126 1 9 469 Self-Administered Questionnaire ...... 3126 1 11 573 Contact Information Sheet ...... 3126 1 10 521

Estimated Annual Burden Hours ...... 2344

Additional Information Administration for Children and nationally representative sample of Families. Head Start programs and children that Copies of the proposed collection may Dated: November 26, 2008. will collect information for Head Start be obtained by writing to the performance measures. Data for FACES Administration for Children and Steven M. Hanmer, OPRE Reports Clearance Officer. will be collected annually through Families, Office of Planning, Research interviews with Head Start parents, [FR Doc. E8–28625 Filed 12–3–08; 8:45 am] and Evaluation, 370 L’Enfant teachers, program directors and other BILLING CODE 4184–01–M Promenade, SW., Washington, DC Head Start staff, as well as direct child 20447, Attn: OPRE Reports Clearance assessments and observations of Head Officer. All requests should be DEPARTMENT OF HEALTH AND Start classrooms. identified by the title of the information HUMAN SERVICES collection. E-mail address: Information will be collected on a [email protected]. sample of approximately 3,500 children Administration for Children and and families from 60 Head Start OMB Coment: Families programs. The methods of data OMB is required to make a decision Proposed Information Collection collection will include assessments of concerning the collection of information Activity; Comment Request Head Start children, interviews with between 30 and 60 days after their parents, and ratings by their Head publication of this document in the Proposed Project Start teachers. Site visitors will Federal Register. Therefore, a comment Title: Head Start Family and Child interview Head Start teachers in is best assured of having its full effect Experiences Survey (FACES). approximately 350 classrooms and make if OMB receives it within 30 days of OMB No.: 0970–0151. observations of the types and quality of publication. Written comments and Description: The Administration for classroom activities. Interviews will also recommendations for the proposed Children and Families (ACF), U.S. be conducted with Head Start program information collection should be sent Department of Health and Human directors and other staff. A follow-up for directly to the following: Office of Services, is planning to collect data on children in Kindergarten will include Management and Budget, Paperwork a new cohort for the Head Start Family child assessments, parent interviews, Reduction Project, Fax: 202–395–6974, and Child Experiences Survey (FACES). and teacher questionnaires and child Attn: Desk Officer for the FACESis a longitudinal study of a ratings.

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Respondents: Parents of Head Start Directors and Staff, and Kindergarten Children, Head Start Children, Head Teachers of former Head Start enrollees. Start Teachers, Head Start Program

ANNUAL BURDEN ESTIMATES

Annual Number of Average Estimated Instrument number of re- responses per burden hour annual burden spondents respondent per response hours

Head Start Parent Interview ...... 2,589 1 0.83 2,149 Head Start Child Assessment ...... 2,589 1 0.75 1,942 Head Start Teacher Interview ...... 300 1 0.83 249 Head Start Teacher Child Rating ...... 300 8.6 0.25 645 Head Start Program Director Interview ...... 20 1 0.25 5 Head Start Center Director Interview ...... 40 1 0.75 30 Head Start Education Coordinator Interview ...... 40 1 0.75 30 Kindergarten Parent Interview ...... 771 1 0.75 578 Kindergarten Child Assessment ...... 771 1 0.75 578 Kindergarten Teacher Questionnaire and Child Rating ...... 643 1.2 0.50 386

Estimated Total Burden Hours ...... 6,592

In compliance with the requirements respondents, including through the use up surveys of the Building Strong of Section 3506(c)(2)(A) of the of automated collection techniques or Families (BSF) Demonstration and Paperwork Reduction Act of 1995, the other forms of information technology. Evaluation. Data collection will Administration for Children and Consideration will be given to continue for an additional 6 months Familiesis soliciting public comment on comments and suggestions submitted beyond the current date of expiration the specific aspects of the information within 60 days of this publication. (July 31, 2009). collection described above. Copies of Dated: November 28, 2008. This data collection is a part of the the proposed collection of information Steven M. Hanmer, can be obtained and comments may be BSF evaluation, which is an important OPRE Reports Clearance Officer. forwarded by writing to the opportunity to learn if well-designed Administration for Children and [FR Doc. E8–28655 Filed 12–3–08; 8:45 am] interventions can help low-income Families, Office of Planning, Research BILLING CODE 4184–01–M couples develop the knowledge and and Evaluation, 370L’Enfant relationship skills that research has Promenade, SW., Washington, DC shown are associated with healthy DEPARTMENT OF HEALTH AND 20447, Attn: ACF Reports Clearance marriages. The BSF evaluation uses an HUMAN SERVICES Officer. E-mail address: experimental design that randomly [email protected]. All Administration for Children and assigns couples who volunteer to requests shouldbe identified by the title Families participate in BSF programs to a of the information collection. program or control group. The Department specifically requests Proposed Information Collection Materials for the original 15-month comments on (a) whether the proposed Activity; Comment Request data collection effort, previously collection of information is necessary submitted to OMB, covered impact and for the proper performance of the Proposed Project implementation data collections. Data functions of the agency, including Title: Building Strong Families (BSF) collection for the impact study is whether the information shall have Demonstration and Evaluation—Impact complete. ACF anticipates collecting practical utility; (b) the accuracy of the Study Second Follow-up. data for an additional 6 months in order agency’s estimate of the burden of the OMB No.: 0970–0304. proposed collection of information; (c) Description: The Administration for to complete data collection for the entire the quality, utility, and clarityof the Children and Families (ACF), U.S. sample of participants. information to be collected; and (d) Department of Health and Human Respondents: Couples enrolled in the ways to minimize the burden of the Services (HHS), anticipates continuing BSF evaluation, including program and collection of information on data collection for the 15-month follow- control groups.

ANNUAL BURDEN ESTIMATES

Annual Number of Average Estimated Instrument number of responses per burden hours annual burden respondents respondent per response hours

15-month telephone survey (female partner) ...... 1,434 1 .91 1,305 15-month telephone survey (male partner) ...... 1,434 1 .83 1,190

Total Burden Hours ...... 2,495

In compliance with the requirements Paperwork Reduction Act of 1995, the Families is soliciting public comment of Section 3506(c)(2)(A) of the Administration for Children and on the specific aspects of the

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information collection described above. ways to minimize the burden of the OMB No.: 0970–0209. Copies of the proposed collection of collection of information on Description: The purpose of the information can be obtained and respondents, including through the use Intergovernmental Referral Guide (IRG) comments may be forwarded by writing of automated collection techniques or project is to provide States, Foreign other forms of information technology. to the Administration for Children and Nations and Tribes with an effective and Consideration will be given to Families, Office of Planning, Research efficient way of viewing and updating and Evaluation, 370 L’Enfant comments and suggestions submitted their profiles with child support Promenade, SW., Washington, DC within 60 days of this publication. enforcement policies and procedures, 20447, Attn: OPRE Reports Clearance Dated: November 28, 2008. and their address and location code Officer. E-mail address: Steven M. Hanmer, information by consolidating data OPREinfocollection@acfjov. All requests OPRE Reports Clearance Officer. available through numerous discrete should be identified by the title of the [FR Doc. E8–28656 Filed 12–3–08; 8:45 am] information collection. sources into a centralized, automated BILLING CODE 4184–01–M repository. The Department specifically requests comments on (a) Whether the proposed Respondents: State IV–D Child collection of information is necessary DEPARTMENT OF HEALTH AND Support Programs, Foreign Nation Child for the proper performance of the HUMAN SERVICES Support Programs and Tribes. functions of the agency, including whether the information shall have Administration for Children and practical utility; (b) the accuracy of the Families agency’s estimate of the burden of the Submission for OMB Review; proposed collection of information; (c) Comment Request the quality, utility, and clarity of the information to be collected; and (d) Title: Interstate Referral Guide (IRG).

ANNUAL BURDEN ESTIMATES

Number of Average Instrument Number of responses per burden hours Total burden respondents respondent per response hours

IRG State User Guide (Foreign Nations ) ...... 23 2 0.10 4.60 IRG Tribal User Guide ...... 44 18 0.30 237.60 IRG State User Guide (States and Territories) ...... 54 18 0.30 291.60

Estimated Total Annual Burden Dated: December 1, 2008. ADDRESSES: To ensure that comments on Hours: 533.80. Janean Chambers, the information collection are received, Additional Information: Copies of the Reports Clearance Officer. OMB recommends that written proposed collection may be obtained by [FR Doc. E8–28728 Filed 12–3–08; 8:45 am] comments be faxed to the Office of Information and Regulatory Affairs, writing to the Administration for BILLING CODE 4184–01–P OMB, Attn: FDA Desk Officer, FAX: Children and Families, Office of 202–395–6974, or e-mailed to Administration, Office of Information DEPARTMENT OF HEALTH AND [email protected]. All Services, 370 L’Enfant Promenade, SW., HUMAN SERVICES comments should be identified with the Washington, DC 20447, Attn: ACF OMB control number 0910–0495. Also Reports Clearance Officer. All requests Food and Drug Administration include the FDA docket number found should be identified by the title of the [Docket No. FDA–2008–N–0454] in brackets in the heading of this information collection. E-mail address: document. [email protected]. Agency Information Collection FOR FURTHER INFORMATION CONTACT: OMB Comment: OMB is required to Activities; Submission for Office of Jonna Capezzuto, Office of Information make a decision concerning the Management and Budget Review; Management (HFA–710), Food and Drug collection of information between 30 Comment Request; Food Contact Administration, 5600 Fishers Lane, and 60 days after publication of this Substances Notification System Rockville, MD 20857, 301–796–3794. document in the Federal Register. AGENCY: Food and Drug Administration, SUPPLEMENTARY INFORMATION: In Therefore, a comment is best assured of HHS. compliance with 44 U.S.C. 3507, FDA having its full effect if OMB receives it ACTION: Notice. has submitted the following proposed within 30 days of publication. Written collection of information to OMB for comments and recommendations for the SUMMARY: The Food and Drug review and clearance. proposed information collection should Administration (FDA) is announcing be sent directly to the following: Office that a proposed collection of Food Contact Substances Notification of Management and Budget, Paperwork information has been submitted to the System—(OMB Control Number 0910– Reduction Project, Fax: 202–395–6974, Office of Management and Budget 0495—Extension) Attn: Desk Officer for the (OMB) for review and clearance under Section 409(h) of the Federal Food, Administration for Children and the Paperwork Reduction Act of 1995. Drug, and Cosmetic Act (the act) (21 Families. DATES: Fax written comments on the U.S.C. 348(h)) establishes a premarket collection of information by January 5, notification process for food contact 2009. substances. Section 409(h)(6) of the act

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defines a ‘‘food contact substance’’ as 170.106) specify the information that a through 178 (21 CFR parts 175 through ‘‘any substance intended for use as a notification must contain and require 178). Parts 175 through 178 describe the component of materials used in that: (1) A food contact notification conditions under which the additive manufacturing, packing, packaging, (FCN) include FDA Form 3480 entitled may be safely used. transporting, or holding food if such use ‘‘Notification for New Use of a Food In addition, FDA’s guidance is not intended to have any technical Contact Substance’’ and (2) a document entitled ‘‘Use of Recycled effect in such food.’’ Section 409(h)(3) of notification for a food contact substance Plastics in Food Packaging: Chemistry the act requires that the notification formulation include FDA Form 3479 Considerations’’ provides assistance to process be used for authorizing the entitled ‘‘Notification for a Food Contact manufacturers of food packaging in marketing of food contact substances Substance Formulation.’’ These forms except when: (1) FDA determines that will serve to summarize pertinent evaluating processes for producing the submission and premarket review of information in the notification. FDA packaging from post-consumer recycled a food additive petition (FAP) under believes that these forms will facilitate plastic. The recommendations in the section 409(b) of the act is necessary to both preparation and review of guidance address the process by which provide adequate assurance of safety or notifications because the forms will manufacturers certify to FDA that their (2) FDA and the manufacturer or serve to organize information necessary plastic products are safe for food supplier agree that an FAP should be to support the safety of the use of the contact. submitted. Section 409(h)(1) of the act food contact substance. The burden of Description of Respondents: requires that a notification include: (1) filling out the appropriate form has been Manufacturers of food contact Information on the identity and the included in the burden estimate for the substances. intended use of the food contact notification. In the Federal Register of August 27, substance and (2) the basis for the Section 171.1 of FDA’s regulations (21 2008 (73 FR 50628), FDA published a manufacturer’s or supplier’s CFR 171.1) specifies the information 60-day notice requesting public determination that the food contact that a petitioner must submit in order substance is safe under the intended to: (1) Establish that the proposed use of comment on the information collection conditions of use. an indirect food additive is safe and (2) provisions. No comments were received. Sections 170.101 and 170.106 of secure the publication of an indirect FDA estimates the burden of this FDA’s regulations (21 CFR 170.101 and food additive regulation in parts 175 collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

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

170.106 2 (Category A) FDA 3479 5 1 5 2 10

170.101 3,7 (Category B) FDA 3480 5 1 5 25 125

170.101 4,7 (Category C) FDA 3480 5 2 10 120 1,200

170.101 5,7 (Category D) FDA 3480 33 2 66 150 9,900

170.101 6,7 (Category E) FDA 3480 30 1 30 150 4,500

171.1 Indirect Food Additive Petitions 2 2 2 10,995 21,990

Guidance, ‘‘Use of Recycled Plastics in Food Pack- aging: Chemistry Consid- erations’’ 10 1 10 25 250

Total 37,975 1There are no capital costs or operating and maintenance costs associated with this collection of information. 2Notifications for food contact substance formulations and food contact articles. These notifications require the submission of FDA Form 3479 (‘‘Notification for a Food Contact Substance Formulation’’) only. 3Duplicate notifications for uses of food contact substances. 4Notifications for uses that are the subject of exemptions under 21 CFR 170.39 and very simple food additive petitions. 5Notifications for uses that are the subject of moderately complex food additive petitions. 6Notifications for uses that are the subject of very complex food additive petitions. 7These notifications require the submission of FDA Form 3480.

These estimates are based on FDA’s estimates the reporting burden to be 2.0 verifying that a previous notification is experience with the food contact hours per response, for a total burden of effective and preparing necessary substances notification system. Based 10 hours. FDA also has included five documentation. Thus, FDA estimates on input from industry sources, FDA expected duplicate submissions in the that five respondents will submit one estimates that approximately five second row of table 1 of this document. such submission annually, for a total of respondents will submit one FDA expects that the burden for five responses. FDA estimates the notification annually for food contact preparing these notifications primarily reporting burden to be 25.0 hours per substance formulations (Form FDA will consist of the manufacturer or response, for a total burden of 125 3479), for a total of five responses. FDA supplier filling out FDA Form 3480, hours.

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Based on the submissions received, ACTION: Notice. the proposed collection of information FDA identified three other tiers of FCNs is necessary for the proper performance SUMMARY: that represent escalating levels of The Food and Drug of FDA’s functions, including whether Administration (FDA) is announcing an burden required to collect information the information will have practical opportunity for public comment on the (denoted as Categories C, D, and E in the utility; (2) the accuracy of FDA’s third, fourth, and fifth rows of table 1 of proposed collection of certain information by the agency. Under the estimate of the burden of the proposed this document). FDA estimated the collection of information, including the median number of hours necessary for Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to validity of the methodology and collecting information for each type of assumptions used; (3) ways to enhance notification within each of the three publish notice in the Federal Register the quality, utility, and clarity of the tiers based on input from industry concerning each proposed collection of information to be collected; and (4) sources. FDA estimates that five information, including each proposed respondents will submit two Category C extension of an existing collection of ways to minimize the burden of the submissions annually, for a total of 10 information, and to allow 60 days for collection of information on responses. FDA estimates the reporting public comment in response to the respondents, including through the use burden to be 120 hours per response, for notice. This notice solicits comments on of automated collection techniques, a total burden of 1,200 hours. FDA reclassification petitions for medical when appropriate, and other forms of estimates that 33 respondents will devices. information technology. submit 2 Category D submissions DATES: Submit written or electronic Reclassification Petitions for Medical annually, for a total of 66 responses. comments on the collection of Devices—21 CFR Section 860.123 (OMB FDA estimates the reporting burden to information by February 2, 2009. Control Number 0910–0138)—Extension be 150 hours per response, for a total ADDRESSES: Submit electronic burden of 9,900 hours. FDA estimates comments on the collection of FDA has responsibility under sections that 30 respondents will submit 1 information to http:// 513(e) and (f), 514(b), 515(b), and 520(l) Category E submission annually, for a www.regulations.gov. Submit written of the Federal Food, Drug, and Cosmetic total of 30 responses. comments on the collection of Act (21 U.S.C. 360c(e) and (f), 360d(b), FDA estimates the reporting burden to information to the Division of Dockets 360e(b), and 360j(l)) and part 860 (21 be 150 hours per response, for a total Management (HFA–305), Food and Drug CFR part 860), subpart C, to collect data burden of 4,500 hours. Administration, 5630 Fishers Lane, rm. FDA estimates that two respondents and information contained in 1061, Rockville, MD 20852. All will submit one indirect food additive reclassification petitions. The comments should be identified with the petition under § 171.1, for a total of two reclassification provisions of the act docket number found in brackets in the responses. FDA estimates the reporting allow any person to petition for heading of this document. burden to be 10,995 hours per response, reclassification of a device from any one for a total burden of 21,990 hours. FOR FURTHER INFORMATION CONTACT: of the three classes, i.e., I, II, and III, to FDA estimates that 10 respondents Denver Presley, Jr.,Office Information another class. The reclassification will utilize the recommendations in the Management (HFA–710), Food and Drug content regulation (§ 860.123) requires guidance document entitled ‘‘Use of Administration, 5600 Fishers Lane, the submission of sufficient, valid Recycled Plastics in Food Packaging: Rockville, MD 20857, 301–796–3793. scientific evidence demonstrating that Chemistry Considerations,’’ to develop SUPPLEMENTARY INFORMATION: Under the the proposed reclassification will the additional information for one such PRA (44 U.S.C. 3501–3520), Federal provide a reasonable assurance of safety submission annually, for a total of 10 agencies must obtain approval from the and effectiveness of the device type for Office of Management and Budget responses. FDA estimates the reporting its indications for use. Thus, the burden to be 25 hours per response, for (OMB) for each collection of reclassification provisions of the act a total burden of 250 hours. information they conduct or sponsor. serve primarily as a vehicle for Dated: November 25, 2008. ‘‘Collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR manufacturers to seek reclassification Jeffrey Shuren, 1320.3(c) and includes agency requests from a higher to a lower class, thereby Associate Commissioner for Policy and reducing the regulatory requirements Planning. or requirements that members of the public submit reports, keep records, or applicable to a particular device type or [FR Doc. E8–28694 Filed 12–3–08; 8:45 am] provide information to a third party. to seek reclassification from a lower to BILLING CODE 4160–01–S Section 3506(c)(2)(A) of the PRA (44 a higher class, thereby increasing the U.S.C. 3506(c)(2)(A)) requires Federal regulatory requirements. The reclassification petitions requesting DEPARTMENT OF HEALTH AND agencies to provide a 60-day notice in HUMAN SERVICES the Federal Register concerning each classification from class III to class II or proposed collection of information, class I, if approved, provides an Food and Drug Administration including each proposed extension of an alternative route to the market in lieu of existing collection of information, premarket approval for class III devices [Docket No. FDA–2008–N–0607] before submitting the collection to OMB or from class I or II to one or the other Agency Information Collection for approval. To comply with this class, which may increase requirements. Activities; Proposed Collection; requirement, FDA is publishing notice FDA estimates the burden of this of the proposed collection of Comment Request; Reclassification collection of information as follows: Petitions for Medical Devices information set forth in this document. With respect to the following AGENCY: Food and Drug Administration, collection of information, FDA invites HHS. comments on these topics: (1) Whether

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TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

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

860.123 6 1 6 500 3,000 1There are no capital costs or operating and maintenance costs associated with this collection of information.

Based on the last 3 years, and actual ACTION: Notice. is produced must be physically reclassification petitions received, FDA examined and found healthy; (2) if the anticipates that six petitions will be SUMMARY: The Food and Drug milk or cream is imported raw, all such submitted each year. The time required Administration (FDA) is announcing cows must pass a tuberculin test; (3) the to prepare and submit a reclassification that a proposed collection of dairy farm and each plant in which the petition, including the time needed to information has been submitted to the milk or cream is processed or handled assemble supporting data, averages 500 Office of Management and Budget must be inspected and found to meet hours per petition. This average is based (OMB) for review and clearance under certain sanitary requirements; (4) upon estimates by FDA administrative the Paperwork Reduction Act of 1995. bacterial counts of the milk at the time and technical staff that are familiar with DATES: Fax written comments on the of importation must not exceed the requirements for submission of a collection of information by January 5, specified limits; and (5) the temperature reclassification petition, have consulted 2009. of the milk or cream at time of and advised manufacturers on these ADDRESSES: To ensure that comments on importation must not exceed 50° F (21 requirements, and have reviewed the the information collection are received, U.S.C. 142). documentation submitted. OMB recommends that written FDA’s regulations in part 1210 (21 Please note that on January 15, 2008, comments be faxed to the Office of CFR part 1210) implement the the FDA Division of Dockets Information and Regulatory Affairs, provisions of FIMA. Sections 1210.11 Management Web site transitioned to OMB, Attn: FDA Desk Officer, FAX: and 1210.14 require reports on the the Federal Dockets Management 202–395–6974, or e-mailed to sanitary conditions of, respectively, System (FDMS). FDMS is a [email protected]. All dairy farms and plants producing milk Government-wide, electronic docket comments should be identified with the and/or cream to be shipped to the management system. Electronic OMB control number 0910–0212. Also United States. Section 1210.12 requires comments or submissions will be include the FDA docket number found reports on the physical examination of accepted by FDA only through FDMS at in brackets in the heading of this herds, while § 1210.13 requires the http://www.regulations.gov. document. reporting of tuberculin testing of the Dated: November 25, 2008. FOR FURTHER INFORMATION CONTACT: herds. In addition, the regulations in Jeffrey Shuren, Jonna Capezzuto, Office of Information part 1210 require that dairy farmers and Associate Commissioner for Policy and Management (HFA–710), Food and Drug plants maintain pasteurization records Planning. Administration, 5600 Fishers Lane, (§ 1210.15) and that each container of [FR Doc. E8–28695 Filed 12–3–08; 8:45 am] Rockville, MD 20857, 301–796–3794. milk or cream imported into the United BILLING CODE 4160–01–S States bear a tag with the product type, SUPPLEMENTARY INFORMATION: In permit number, and shipper’s name and compliance with 44 U.S.C. 3507, FDA address (§ 1210.22). Section 1210.20 has submitted the following proposed DEPARTMENT OF HEALTH AND requires that an application for a permit collection of information to OMB for HUMAN SERVICES to ship or transport milk or cream into review and clearance. the United States be made by the actual Food and Drug Administration Regulations Under the Federal Import shipper. Section 1210.23 allows permits [Docket No. FDA–2008–N–0453] Milk Act—(OMB Control Number 0910– to be granted based on certificates from 0212—Extension) accredited officials. Agency Information Collection Under the Federal Import Milk Act In the Federal Register of August 25, Activities; Submission for Office of 2008 (73 FR 50031), FDA published a Management and Budget Review; (FIMA) (21 U.S.C. 141–149), milk or cream may be imported into the United 60-day notice requesting public Comment Request; Regulations Under comment on the information collection the Federal Import Milk Act States only by the holder of a valid import milk permit (21 U.S.C. 141). provisions. No comments were received. AGENCY: Food and Drug Administration, Before such permit is issued: (1) All FDA estimates the burden of this HHS. cows from which import milk or cream collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

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

1210.11 FDA 1996/Sanitary inspection of 8 200 1,600 1.5 2,400 dairy farms

1210.12 FDA 1995/Physical examination of 1 1 1 0.5 0.5 cows

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TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1—Continued

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

1210.13 FDA 1994/Tuberculin test 1 1 1 0.5 0.5

1210.14 FDA 1997/Sanitary inspections of 8 1 8 2.0 16.0 plants

1210.20 FDA 1993/Application for permit 8 1 8 0.5 4.0

1210.23 FDA 1815/Permits granted on 8 1 8 0.5 4.0 certificates

Total 2,425.0 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1

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

1210.15 8 1 8 0.05 0.40 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

The estimated number of respondents annually, for a total of eight responses. DEPARTMENT OF HEALTH AND and hours per response are based on FDA estimates the reporting burden to HUMAN SERVICES FDA’s experience with the import milk be 0.5 hours per response, for a total permit program and the average number burden of 4 hours. Food and Drug Administration of import milk permit holders over the With regard to records maintenance, [Docket No. FDA–1999–D–0128] (formerly past 3 years. FDA estimates that 8 FDA estimates that approximately eight Docket No. 1999D–2013) respondents will submit approximately recordkeepers will spend 0.05 hours 200 Form FDA 1996 reports annually, annually maintaining the additional Guidance for Industry: Cooperative for a total of 1,600 responses. FDA pasteurization records required by Manufacturing Arrangements for estimates the reporting burden to be 1.5 § 1210.15, for a total of 0.40 hours Licensed Biologics; Availability hours per response, for a total burden of annually. 2,400 hours. AGENCY: Food and Drug Administration, No burden has been estimated for the The Secretary of Health and Human HHS. tagging requirement in § 1210.22 Services has the discretion to allow ACTION: Notice. because the information on the tag is Form FDA 1815, a duly certified either supplied by FDA (permit number) SUMMARY: The Food and Drug statement signed by an accredited or is disclosed to third parties as a usual Administration (FDA) is announcing the official of a foreign government, to be and customary part of the shipper’s availability of a document entitled submitted in lieu of Forms FDA 1994 normal business activities (type of ‘‘Guidance for Industry: Cooperative and 1995. To date, Form FDA 1815 has product, shipper’s name and address). Manufacturing Arrangements for been submitted in lieu of these forms. Under 5 CFR 1320.3(c)(2), the public Licensed Biologics,’’ dated November Because FDA has not received any disclosure of information originally 2008. The guidance document provides Forms FDA 1994 and 1995 in the last 3 supplied by the Federal Government to information concerning cooperative years, the agency estimates no more the recipient for the purpose of manufacturing arrangements applicable than one will be submitted annually. disclosure to the public is not a to biological products subject to FDA estimates the reporting burden for collection of information. Under 5 CFR licensure under the U.S. Public Health each to be 0.5 hours per response for a 1320.3(b)(2)), the time, effort, and Service Act (PHS Act). The guidance total burden reporting burden of 0.5 financial resources necessary to comply describes the licensing strategies for hours each. with a collection of information are meeting the increased need for flexible FDA estimates that eight respondents excluded from the burden estimate if manufacturing arrangements. The will submit one Form FDA 1997 report the reporting, recordkeeping, or guidance announced in this notice annually, for a total of eight responses. disclosure activities needed to comply finalizes the draft guidance of the same FDA estimates the reporting burden to are usual and customary because they title. be 2.0 hours per response, for a total would occur in the normal course of DATES: Submit written or electronic burden of 16 hours. FDA estimates that activities. eight respondents will submit one Form comments on agency guidances at any FDA 1993 report annually, for a total of Dated: November 25, 2008. time. eight responses. FDA estimates the Jeffrey Shuren, ADDRESSES: Submit written requests for reporting burden to be 0.5 hours per Associate Commissioner for Policy and single copies of the guidance to the response, for a total burden of 4 hours. Planning. Office of Communication, Training, and FDA estimates that eight respondents [FR Doc. E8–28692 Filed 12–3–08; 8:45 am] Manufacturers Assistance (HFM–40), will submit one Form FDA 1815 report BILLING CODE 4160–01–S Center for Biologics Evaluation and

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Research (CBER), Food and Drug Licensed Biologics’’ published in the accepted by FDA only through FDMS at Administration, 1401 Rockville Pike, Federal Register of November 25, 1992 http://www.regulations.gov. suite 200N, Rockville, MD 20852–1448, (57 FR 55544). IV. Electronic Access or the Division of Drug Information, In the Federal Register of August 3, Center for Drug Evaluation and 1999 (64 FR 42136), FDA announced the Persons with access to the Internet Research, Food and Drug availability of the draft guidance of the may obtain the guidance at either http:// Administration, 10903 New Hampshire same title dated August 1999. FDA www.fda.gov/cber/guidelines.htm or Ave., Bldg. 51, rm. 2201, Silver Spring, received several comments on the draft http://www.regulations.gov. MD 20993–0002. Send one self- guidance; those comments were Dated: November 24, 2008. considered as the guidance was addressed adhesive label to assist the Jeffrey Shuren, office in processing your requests. The finalized. In response to public comments, we clarified the document Associate Commissioner for Policy and guidance may also be obtained by mail Planning. and reformatted it into plain language. by calling CBER at 1–800–835–4709 or [FR Doc. E8–28693 Filed 12–3–08; 8:45 am] 301–827–1800. See the SUPPLEMENTARY In the Federal Register of July 23, 2007 BILLING CODE 4160–01–S INFORMATION section for electronic (72 FR 40157), FDA published a 60-day access to the guidance document. notice requesting public comment on the information collections in the draft Submit written comments on the DEPARTMENT OF HEALTH AND guidance of the same title dated July guidance to the Division of Dockets HUMAN SERVICES Management (HFA–305), Food and Drug 2007, which revised the draft guidance Administration, 5630 Fishers Lane, rm. dated August 1999. The guidance Food and Drug Administration 1061, Rockville, MD 20852. Submit announced in this notice finalizes the electronic comments to http:// draft guidance dated July 2007. [Docket No. FDA–2008–N–0043] [FDA No. 225–08–8006] www.regulations.gov. The guidance is being issued consistent with FDA’s good guidance FOR FURTHER INFORMATION CONTACT: practices regulation (21 CFR 10.115). Memorandum of Understanding Brenda R. Friend, Center for Biologics The guidance represents FDA’s current Between the Food and Drug Evaluation and Research (HFM–17), thinking on this topic. It does not create Administration and WebMD, LLC Food and Drug Administration, 1401 or confer any rights for or on any person AGENCY: Rockville Pike, suite 200N, Rockville, Food and Drug Administration, and does not operate to bind FDA or the HHS. MD 20852–1448, 301–827–6210; or public. An alternative approach may be David Cummings, Center for Drug ACTION: Notice. used if such approach satisfies the Evaluation and Research (HFD–354), requirements of the applicable statutes SUMMARY: The Food and Drug Food and Drug Administration, 10903 and regulations. Administration (FDA) is providing New Hampshire Avenue, Bldg. 21, rm. notice of a memorandum of 3525, Silver Spring, MD 20993, 301– II. Paperwork Reduction Act of 1995 understanding (MOU) between FDA’s 796–2400. This guidance contains information Office of External Relations and SUPPLEMENTARY INFORMATION: collection provisions that are subject to WebMD, LLC. The purpose of the MOU I. Background review by the Office of Management is to extend the reach of FDA Consumer (OMB) under the Paperwork Reduction Health Information and to provide FDA is announcing the availability of Act of 1995 (44 U.S.C. 3501–3520). The consumers with better information and a document entitled ‘‘Guidance for collections of information in this timely content concerning public health Industry: Cooperative Manufacturing guidance were approved under OMB and safety topics, including alerts of Arrangements for Licensed Biologics’’ control number 0910–0629. emerging safety issues and product dated November 2008. The guidance recalls. document provides information III. Comments Specific elements of the MOU include concerning the various cooperative Interested persons may, at any time, the creation of an FDA/WebMD online manufacturing arrangements used in the submit to the Division of Dockets resource on the WebMD.com site, which production of biological products Management (see ADDRESSES) written or will feature editorial and visual FDA subject to licensure under section 351 of electronic comments regarding this Consumer Health Information, and the the PHS Act (42 U.S.C. 262). The guidance. Submit a single copy of inclusion of FDA Consumer Health guidance describes FDA’s current electronic comments or two paper Information in at least three issues per thinking on licensing strategies for copies of any mailed comments, except year of WebMD The Magazine. meeting the increased need for planning that individuals may submit one paper An agency policy statement flexible manufacturing arrangements. copy. Comments are to be identified summarizing the criteria and processes Because cooperative manufacturing with the docket number found in the for development of this type of arrangements can take a considerable brackets in the heading of this collaboration is available on FDA’s Web amount of time to develop, the guidance document. A copy of the guidance and site at www.fda.gov/consumer/ may also be useful for planning received comments are available for co_brandpolicy.html. purposes in the early phases of product public examination in the Division of development. Several types of Dockets Management between 9 a.m. DATES: The agreement became effective manufacturing arrangements discussed and 4 p.m., Monday through Friday. October 10, 2008. in the guidance include short supply Please note that on January 15, 2008, FOR FURTHER INFORMATION CONTACT: arrangements, divided manufacturing the FDA Division of Dockets Jason Brodsky, Director, Consumer arrangements, shared manufacturing Management Web site transitioned to Health Information Staff, Office of arrangements, and contract the Federal Dockets Management External Relations (HFI–40), Food manufacturing arrangements. The System (FDMS). FDMS is a and Drug Administration, 5600 guidance supersedes ‘‘FDA’s Policy Government-wide, electronic docket Fishers Lane, Rockville, MD 20857, Statement Concerning Cooperative management system. Electronic 301–827–6251 Manufacturing Arrangements for comments or submissions will be Nan Forte, Executive Vice President,

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WebMD, LLC, 111 8th Ave., 7th which states that all written agreements Dated: November 18, 2008. floor, New York, NY 10011, 212– and MOUs between FDA and others Jeffrey Shuren, 624–3821 shall be published in the Federal Associate Commissioner for Policy and SUPPLEMENTARY INFORMATION: In Register, the agency is publishing notice Planning. accordance with 21 CFR 20.108(c), of this MOU. BILLING CODE 4160–01–S

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[FR Doc. E8–28690 Filed 12–3–08; 8:45 am] DEPARTMENT OF HEALTH AND members of the public to submit written BILLING CODE 4160–01–C HUMAN SERVICES comments during the Subcommittee meeting through the Web presentation tool. National Institutes of Health Submitted comments will be reviewed after DEPARTMENT OF HEALTH AND the meeting. If you experience any technical National Institute of Mental Health; HUMAN SERVICES problems with the Web presentation tool, Notice of Meeting please contact GoToWebinar at (800) 263– National Institutes of Health Pursuant to section 10(a) of the 6317. Federal Advisory Committee Act, as To access the Web presentation tool on the Center for Scientific Review; Notice of amended (5 U.S.C. Appendix 2), notice Internet the following computer capabilities are required: (A) Internet Explorer 5.0 or Closed Meeting is hereby given of a meeting of the later, Netscape Navigator 6.0 or later or Services Subcommittee of the Mozilla Firefox 1.0 or later; (B) Windows Pursuant to section 10(d) of the Interagency Autism Coordinating 2000, XP Home, XP Pro, 2003 Server or Vista; Federal Advisory Committee Act, as Committee (IACC). (C) Stable 56k, cable modem, ISDN, DSL or amended (5 U.S.C. Appendix 2), notice The purpose of the Services better Internet connection; (D) Minimum of is hereby given of the following Subcommittee is to review the current Pentium 400 with 256 MB of RAM meeting. state of services and supports for (Recommended); (E) Java Virtual Machine individuals with Autism Spectrum The meeting will be closed to the enabled (Recommended). public in accordance with the Disorder (ASD) and their families in This notice is being published less than 15 provisions set forth in sections order to improve these services. The days prior to the meeting due to the urgency 552b(cX4) and 552b(c)(6), Title 5 U.S.C., meeting will be open to the public, with to review the public comments received in as amended. The grant applications and attendance limited to space available. response to a completed Request for the discussions could disclose Individuals who plan to attend and Information from Autism Spectrum Disorders need special assistance, such as sign confidential trade secrets or commercial stakeholders. language interpretation or other property such as patentable material, Information about the IACC is available on reasonable accommodations, should the Web site: http://www.iacc.hhs.gov. and personal information concerning inform the Contact Person listed below individuals associated with the grant at least 5 business days in advance of Dated: November 26, 2008. applications, the disclosure of which the meeting. The Subcommittee will Jennifer Spaeth, would constitute a clearly unwarranted report on its meeting at the February Director, Office of Federal Advisory invasion of personal privacy. meeting of the IACC. Committee Policy. Name of Committee: Center for Scientific Name of Committee: Interagency Autism [FR Doc. E8–28743 Filed 12–3–08; 8:45 am] Review Special Emphasis Panel; Member Coordinating Committee (IACC). BILLING CODE 4140–01–P Conflicts: Musculoskeletal Rehabilitation Type of meeting: Services Subcommittee. Sciences. Date: December 10, 2008. Date: December 9, 2008. Time: 2 p.m. to 5:30 p.m. Eastern Time. DEPARTMENT OF HEALTH AND Time: 12 p.m. to 2 p.m. Agenda: To review public comments received in response to a completed Request HUMAN SERVICES Agenda: To review and evaluate grant for Information from Autism Spectrum applications. Disorders (ASD) stakeholders about what National Institutes of Health Place: National Institutes of Health, 6701 they consider to be high-priority issues and Rockledge Drive, Bethesda, MD 20892, concerns surrounding services and supports National Cancer Institute; Amended (Telephone Conference Call). for children, youth, and adults with ASD. Notice of Meeting Contact Person: John P. Holden, PhD, Place: Scientific Review Officer, Center for In Person: National Institutes of Health, Notice is hereby given of a change in Scientific Review, National Institutes of 9000 Rockville Pike, Building 31C, the meeting of the National Cancer Health, 6701 Rockledge Drive, Room 4211, Conference Room 7,Bethesda, MD 20892. Webinar: https://www1.gotomeeting.com/ Advisory Board, December 9, 2008, 8:30 MSC 7814, Bethesda, MD 20892, 301–496– register/563207085. To Access the a.m. to 3:55 p.m., National Institutes of 8551, [email protected]. Conference Call: Dial: 888–455–2920, Access Health, Building 31, 31 Center Drive, This notice is being published less than 15 code: 3857872. Bethesda, MD 20892, which was days prior to the meeting due to the timing Contact Person: Ms. Lina Perez, Office of published in the Federal Register on limitations imposed by the review and Autism Research Coordination, Office of the November 24, 2008 73 FR 71015. funding cycle. Director, National Institute of Mental Health, NIH, 6001 Executive Boulevard, NSC, Room This notice is amended to change the (Catalogue of Federal Domestic Assistance 8204a, Bethesda, MD 20892–9669, 301–443– start time of the open session on Program Nos. 93.306, Comparative Medicine; 6040, [email protected]. December 9, 2008 to approximately 93.333, Clinical Research, 93.306, 93.333, Please Note: The meeting will be open to 93.337, 93.393–93.396, 93.837–93.844, 11:15 a.m. and the end time to 3:30 p.m. the public with limited seating. In addition, The closed session will be held from 93.846–93.878, 93.892, 93.893, National the public can access the meeting through a Institutes of Health, HHS) conference call phone number and a Web 3:30 p.m. to 3:55 p.m. presentation tool on the Internet. Individuals Dated: November 25, 2008. Dated: November 25, 2008. who participate using these electronic Jennifer Spaeth, Jennifer Spaeth, services and who need special assistance, such as captioning of the conference call or Director, Office of Federal Advisory Director, Office of Federal Advisory other reasonable accommodations, should Committee Policy. Committee Policy. submit a request at least 5 days prior to the [FR Doc. E8–28727 Filed 12–3–08; 8:45 am] [FR Doc. E8–28622 Filed 12–3–08; 8:45 am] meeting. BILLING CODE 4140–01–P BILLING CODE 4140–01–M Members of the public who participate using the conference call phone number will be able to listen to the meeting but will not be heard. There may be an opportunity for

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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND technical problems with the Web HUMAN SERVICES HUMAN SERVICES presentation tool, please contact GoToWebinar at 800–263–6317. National Institutes of Health National Institutes of Health To access the Web presentation tool on the Internet, the following computer capabilities are required: (A) Internet Explorer 5.0 or National Institute of General Medical National Institute of Mental Health; Notice of Meeting later, Netscape Navigator 6.0 or later or Sciences; Notice of Closed Meeting Mozilla Firefox 1.0 or later; (B) Windows Pursuant to section 10(a) of the 2000, XP Home, XP Pro, 2003 Server or Vista; Pursuant to section 10(d) of the Federal Advisory Committee Act, as (C) Stable 56k, cable modem, ISDN, DSL or Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice better Internet connection; (D) Minimum of Pentium 400 with 256 MB of RAM amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the is hereby given of the following (Recommended); (E) Java Virtual Machine Interagency Autism Coordinating enabled (Recommended). meeting. Committee. This meeting is being published less than The meeting will be closed to the The meeting will be open to the 15 days prior to the meeting due to the public in accordance with the public, with attendance limited to space urgency to complete the review of the IACC provisions set forth in sections available. Individuals who plan to Strategic Plan. attend and need special assistance, such Information about the IACC is available on 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the Web site: http://www.iacc.hhs.gov. as amended. The grant applications and as sign language interpretation or other (Catalogue of Federal Domestic Assistance the discussions could disclose reasonable accommodations, should inform the Contact Person listed below Program Nos. 93.242, Mental Health Research confidential trade secrets or commercial at least 5 business days in advance of Grants; 93.281, Scientist Development property such as patentable material, the meeting. The public can also access Award, Scientist Development Award for and personal information concerning Clinicians, and Research Scientist Award; the meeting through a conference call 93.282, Mental Health National Research individuals associated with the grant phone number and a Web presentation applications, the disclosure of which Service Awards for Research Training, on the Internet. National Institutes of Health, HHS) would constitute a clearly unwarranted invasion of personal privacy. Name of Committee: Interagency Autism Dated: November 26, 2008. Coordinating Committee (IACC). Jennifer Spaeth, Name of Committee: National Institute of Date: December 12, 2008. Director, Office of Federal Advisory General Medical Sciences Special Emphasis Time: 9 a.m. to 4 p.m. Committee Policy. Panel; Minority Biomedical Research Agenda: To review and make decisions Support. about the IACC Strategic Plan for Autism [FR Doc. E8–28731 Filed 12–3–08; 8:45 am] Spectrum Disorder (ASD) Research. Date: December 19, 2008. BILLING CODE 4140–01–P Place: In Person: National Institutes of Time: 12 p.m. to 5 p.m. Health, Neuroscience Center, Conference Agenda: To review and evaluate grant Room A, 6001 Executive Boulevard, applications. DEPARTMENT OF HEALTH AND Rockville, MD 20892. Webinar: https:// HUMAN SERVICES Place: National Institutes of Health, www1.gotomeeting.com/register/446892042. National Institute of General Medical Conference Call: USA/Canada Phone National Institutes of Health Sciences, 45 Center Drive, Natcher Building, Number: 888–455–2920; International Phone Room 3AN12, Bethesda, MD 20892, Number: 212–287–1838; Access Number: National Institute of Neurological 3857872. (Telephone Conference Call). Disorders and Stroke; Notice of Closed Contact Person: Lisa Dunbar, PhD, Contact Person: Ms. Lina Perez, Office of Autism Research Coordination, Office of the Meetings Scientific Review Officer, Office of Scientific Director, National Institute of Mental Health, Pursuant to section 10(d) of the Review, National Institute of General Medical NIH, 6001 Executive Boulevard, Bethesda, Sciences, National Institutes of Health, 45 MD 20892–9669, (301) 443–6040, Federal Advisory Committee Act, as Center Drive, Room 3AN12, Bethesda, MD [email protected]. amended (5 U.S.C. Appendix 2), notice 20892, 301–594–2849, [email protected]. Any member of the public interested in is hereby given of the following (Catalogue of Federal Domestic Assistance presenting oral comments to the Committee meetings. The meetings will be closed to Program Nos. 93.375, Minority Biomedical should notify the Contact Person listed on the public in accordance with the Research Support; 93.821, Cell Biology and this notice at least 5 days in advance of the provisions set forth in sections meeting. Interested individuals and Biophysics Research; 93.859, Pharmacology, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., representatives of organizations should as amended. The grant applications and Physiology, and Biological Chemistry submit a letter of intent, a brief description Research; 93.862, Genetics and of the organization represented, and a written the discussions could disclose Developmental Biology Research; 93.88, copy of the oral presentation in advance of confidential trade secrets or commercial Minority Access to Research Careers; 93.96, the meeting. Only one representative of an property such as patentable material, Special Minority Initiatives, National organization will be allowed to present oral and personal information concerning Institutes of Health, HHS) comments and presentations will be limited individuals associated with the grant to a maximum of five minutes. Both printed Dated: November 25, 2008. applications, the disclosure of which and electronic copies are requested for the would constitute a clearly unwarranted Jennifer Spaeth, record. In addition, any interested person invasion of personal privacy. Director, Office of Federal Advisory may file written comments with the Name of Committee: National Institute of Committee Policy. Committee by forwarding the statement to the Contact Person listed on this notice. The Neurological Disorders and Stroke Special [FR Doc. E8–28729 Filed 12–3–08; 8:45 am] statement should include the name, address, Emphasis Panel; Brain Tumor SEP. BILLING CODE 4140–01–P telephone number and when applicable, the Date: December 11, 2008. business or professional affiliation of the Time: 1 p.m. to 4 p.m. interested person. Agenda: To review and evaluate grant Members of the public who wish to applications. participate using the conference call phone Place: National Institutes of Health, 6101 number will be able to listen to the meeting Executive Boulevard, Rockville, MD 20852, but will not be heard. If you experience any (Telephone Conference Call).

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Contact Person: Shanta Rajaram, PhD, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., continuing effort to reduce paperwork Scientific Review Administrator, Scientific as amended. The grant applications and and respondent burden, invites the Review Branch, Division of Extramural the discussions could disclose general public and other Federal Research, NINDS/NIH/DHHS/Neuroscience agencies to take this opportunity to Center, 6001 Executive Blvd., Suite 3208, confidential trade secrets or commercial Msc9529, Bethesda, MD 20852, (301) 435– property such as patentable material, comment on a revised information 6033, [email protected]. and personal information concerning collection. In accordance with the This notice is being published less than 15 individuals associated with the grant Paperwork Reduction Act of 1995, this days prior to the meeting due to the timing applications, the disclosure of which notice seeks comments concerning the limitations imposed by the review and would constitute a clearly unwarranted use of a form to collect data for the funding cycle. invasion of personal privacy. development and continuation of the Name of Committee: National Institute of Name of Committee: National Advisory National Fire Department Census Neurological Disorders and Stroke Special database. Emphasis Panel; Neuroaids SEP. Council on Alcohol Abuse and Alcoholism. Date: December 17, 2008. Date: February 4–5, 2009. SUPPLEMENTARY INFORMATION: Public Time: 1:30 p.m. to 5 p.m. Closed: February 4, 2009, 5:30 p.m. to 7:30 Law 93–498 provides for the gathering Agenda: To review and evaluate grant p.m. and analyzing of data as deemed useful applications. Agenda: To review and evaluate grant applications. and applicable for fire departments. The Place: National Institutes of Health, U.S. Fire Administration (USFA) Neuroscience Center, 6001 Executive Place: National Institutes of Health, 5635 Fishers Lane, Bethesda, MD 20892. receives many requests from fire service Boulevard,Rockville, MD 20852,(Telephone organizations and the general public for Conference Call). Open: February 5, 2009, 9 a.m. to 3:30 p.m. Contact Person: Shanta Rajaram, PhD, Agenda: Program reports and information related to fire departments, Scientific Review Administrator, Scientific presentations. including total number of departments, Review Branch,Division of Extramural Place: National Institutes of Health, 5635 number of stations per department, Research,NINDS/NIH/DHHS/Neuroscience Fishers Lane, Bethesda, MD 20892. population protected, and number of Contact Person: Abraham P. Bautista, PhD, Center,6001 Executive Blvd., Suite 3208, Executive Secretary, National Institute on firefighters. The USFA also has a need Msc9529,Bethesda, MD 20852, (301) 435– Alcohol Abuse & Alcoholism, National for this information to guide 6033, [email protected]. Institutes of Health, 5635 Fishers Lane, Rm programmatic decisions, and produce This notice is being published less than 15 2085, Rockville, MD 20852, 301–443–9737, mailing lists for USFA publications. days prior to the meeting due to the timing [email protected]. limitations imposed by the review and Recommendations for the creation of the funding cycle. Information is also available on the fire department database came out of a Institute’s/Center’s home page: http:// (Catalogue of Federal Domestic Assistance Blue Ribbon Panel’s review of the silk.nih.gov/silk/niaaa1/about/roster.htm, USFA. The report included a review of Program Nos. 93.853, Clinical Research where an agenda and any additional Related to NeurologicalDisorders; 93.854, the structure, mission and funding of information for the meeting will be posted the USFA, future policies, programmatic Biological Basis Research in the when available. Neurosciences, National Institutes of Health, needs, course development and HHS) (Catalogue of Federal Domestic Assistance delivery, and the role of the USFA to Program Nos. 93.271, AlcoholResearch Dated: November 26, 2008. Career Development Awards for Scientists reflect changes in the fire service. As a Jennifer Spaeth, and Clinicians; 93.272,Alcohol National result of those recommendations, the Director, Office of Federal Advisory Research Service Awards for Research USFA is working to identify all fire Committee Policy. Training; 93.273,Alcohol Research Programs; departments in the United States to 93.891, Alcohol Research Center Grants, [FR Doc. E8–28745 Filed 12–3–08; 8:45 am] develop a database that will include NationalInstitutes of Health, HHS) information related to demographics, BILLING CODE 4140–01–P Dated: November 25, 2008. capabilities, and activities of fire Jennifer Spaeth, departments Nationwide. In the first DEPARTMENT OF HEALTH AND Director, Office of Federal Advisory year of this effort, information was HUMAN SERVICES Committee Policy. collected from 16,000 fire departments. [FR Doc. E8–28746 Filed 12–3–08; 8:45 am] Since the first year of the collection, an National Institutes of Health BILLING CODE 4140–01–M additional 10,000 departments have registered. National Institute on Alcohol Abuse and Alcoholism; Notice of Meeting Collection of Information DEPARTMENT OF HOMELAND Title: National Fire Department Pursuant to section 10(d) of the SECURITY Census. Federal Advisory Committee Act, as Type of Information Collection: Federal Emergency Management amended (5 U.S.C. Appendix 2), notice Revision of a currently approved Agency is hereby given of a meeting of the collection. National Advisory Council on Alcohol Agency Information Collection OMB Number: 1660–0070. Abuse and Alcoholism. Form Numbers: FEMA Form 75–100, The meeting will be open to the Activities: Proposed Collection; Comment Request National Fire Department Census. public as indicated below, with Abstract: This collection seeks to attendance limited to space available. AGENCY: Federal Emergency identify fire departments in the U.S. to Individuals who plan to attend and Management Agency, DHS. compile a database related to need special assistance, such as sign ACTION: Notice; 60-day notice and demographics, capabilities, and language interpretation or other request for comments; Revision of a activities. The database will be used to reasonable accommodations, should currently approved collection, OMB guide programmatic decisions and notify the Contact Person listed below Number: 1660–0070, FEMA Form 75– provide information to the public. in advance of the meeting. 100. Affected Public: Federal Government, The meeting will be closed to the State, Local or Tribal Government. public in accordance with the SUMMARY: The Federal Emergency Estimated Total Annual Burden provisions set forth in sections Management Agency, as part of its Hours: 1,667 burden hours.

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Annual Hour Burden

TABLE A.12—ESTIMATED ANNUALIZED BURDEN HOURS AND COSTS

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

State, Local, or Tribal ...... FF 75–100 528 1 25 minutes (.4167 hours) .. 220.02 $21.22 $4,668.82 State, Local, or Tribal (vol- FF 75–100 3472 1 25 minutes (.4167 hours) .. 1,446.78 0 0 unteers).

Total ...... 4,000 ...... 1,667 ...... $4,668.82

Estimated Cost: The estimated DEPARTMENT OF HOMELAND including the validity of the annualized cost to respondents based on SECURITY methodology and assumptions used; wage rate categories is $4,668.82. The (3) Enhance the quality, utility, and estimated annual cost to the Federal United States Immigration and clarity of the information to be Government is $65,550.00. Customs Enforcement collected; and (4) Minimize the burden of the Comments: Written comments are Agency Information Collection collection of information on those who solicited to (a) evaluate whether the Activities: Extension of an Existing are to respond, including through the proposed data collection is necessary for InformationCollection; Comment use of appropriate automated, the proper performance of the agency, Request electronic, mechanical, or other including whether the information shall technological collection techniques or have practical utility; (b) evaluate the ACTION: 60-Day Notice of Information other forms of information technology, accuracy of the agency’s estimate of the Collection Under Review; Exemption e.g., permitting electronic submission of burden of the proposed collection of from NSEERS Registration responses. information, including the validity of Requirements (File No. OMB–40); OMB the methodology and assumptions used; Control No. 1653–0035. Overview of This Information (c) enhance the quality, utility, and Collection The Department of Homeland clarity of the information to be Security, U.S. Immigration and Customs (1) Type of Information Collection: collected; and (d) minimize the burden Enforcement (USICE), has submitted the Extension of currently approved of the collection of information on those following information collection request information collection. who are to respond, including through for review and clearance in accordance (2) Title of the Form/Collection: the use of appropriate automated, with the Paperwork Reduction Act of Exemption from NSEERS Registration electronic, mechanical, or other 1995. The information collection is Requirements. technological collection techniques or published to obtain comments from the (3) Agency form number, if any, and other forms of information technology, public and affected agencies. Comments the applicable component of the e.g., permitting electronic submission of are encouraged and will be accepted for Department of Homeland Security responses. Comments must be sixty days until February 2, 2009. sponsoring the collection: No Agency submitted on or before February 2, 2009. Written comments and suggestions Form Number (File No. OMB–40), U.S. ADDRESSES: Interested persons should regarding items contained in this notice, Immigration and Customs Enforcement. Affected public who will be asked or submit written comments to Office of and especially with regard to the required to respond, as well as a brief Management, Records Management estimated public burden and associated abstract: Primary: Individual or Division, Federal Emergency response time should be directed to the Households. This information collection Management Agency, 500 C Street, SW., Department of Homeland Security allows an alien to seek an exemption Washington, DC 20472. (DHS), Joseph M. Gerhart, Chief, Records Management Branch, U.S. from the NSEERS registration FOR FURTHER INFORMATION CONTACT: Immigration and Customs Enforcement, requirements by submitting a letter to Contact Gayle Kelch, Statistician, 500 12th Street, SW., Room 3138, the Department of Homeland Security, United States Fire Administration, Washington, DC 20536; (202) 732–6337. U.S. Immigration and Customs National Fire Data Center, (301) 447– Comments are encouraged and will be Enforcement containing specific 1154 for additional information. You accepted for sixty days until February 2, information. may contact the Records Management 2009. Written comments and (5) An estimate of the total number of Branch for copies of the proposed suggestions from the public and affected respondents and the amount of time collection of information at facsimile agencies concerning the proposed estimated for an average respondent to number (202) 646–3347 or e-mail collection of information should address respond: 5,800 responses at 30 minutes address: FEMA-Information- one or more of the following four points: (.5 hours) per response. [email protected]. (1) Evaluate whether the proposed (6) An estimate of the total public collection of information is necessary burden (in hours) associated with the Lawann B. Johnson, for the proper performance of the collection: 2,900 annual burden hours. Acting Director, Records Management functions of the agency, including Comments and/or questions; requests Division, Office of Management, Federal whether the information will have for a copy of the proposed information Emergency Management Agency, Department practical utility; collection instrument, with instructions; of Homeland Security. (2) Evaluate the accuracy of the or inquiries for additional information [FR Doc. E8–28689 Filed 12–3–08; 8:45 am] agencies’ estimate of the burden of the should be directed to: Joseph M. BILLING CODE 9110–17–P proposed collection of information, Gerhart, Chief, Records Management

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Branch, U.S. Immigration and Customs including the validity of the DEPARTMENT OF THE INTERIOR Enforcement, 500 12th Street, SW., methodology and assumptions used; Fish and Wildlife Service Room 3138, Washington, DC 20536; (3) Enhance the quality, utility, and (202) 732–6337. clarity of the information to be [FWS–R4–R–2008–N0250; 40136–1265– Dated: December 1, 2008. collected; and 0000–S3] Joseph M. Gerhart, (4) Minimize the burden of the Currituck National Wildlife Refuge, Chief, Records Management Branch, U.S. collection of information on those who Currituck County, NC Immigration and Customs are to respond, including through the Enforcement,Department of Homeland use of appropriate automated, AGENCY: Fish and Wildlife Service, Security. Interior. [FR Doc. E8–28751 Filed 12–3–08; 8:45 am] electronic, mechanical, or other technological collection techniques or ACTION: Notice of availability: Final BILLING CODE 9111–28–P other forms of information technology, comprehensive conservation plan and e.g., permitting electronic submission of finding of no significant impact. responses. DEPARTMENT OF HOMELAND SUMMARY: We, the Fish and Wildlife SECURITY Overview of This Information Service (Service), announce the United States Immigration and Collection availability of our final comprehensive Customs Enforcement conservation plan (CCP) and finding of (1) Type of Information Collection: no significant impact (FONSI) for Agency Information Collection Extension of currently approved Currituck National Wildlife Refuge Activities: Extension of an Existing information collection. (NWR). Information Collection; Comment (2) Title of the Form/Collection: ADDRESSES: A copy of the CCP may be Request Information Relating to Beneficiary of obtained by writing to: Mike Hoff, Private Bill. Refuge Manager, Mackay Island ACTION: 60-Day Notice of Information (3) Agency form number, if any, and National Wildlife Refuge, P.O. Box 39, Collection Under Review; Form G–79A, Knotts Island, NC 27950. The CCP may Information Relating to Beneficiary of the applicable component of the Department of Homeland Security also be accessed and downloaded from Private Bill; OMB Control No. 1653– the Service’s Web site: http:// 0026. sponsoring the collection: Form G–79A, U.S. Immigration and Customs southeast.fws.gov/planning/. The Department of Homeland Enforcement. FOR FURTHER INFORMATION CONTACT: Mike Hoff; Telephone: 252/429–3100; Security, U.S. Immigration and Customs (4) Affected public who will be asked Enforcement (USICE), has submitted the Fax: 252/429–3185. or required to respond, as well as a brief following information collection request SUPPLEMENTARY INFORMATION: abstract: Primary: Individual or for review and clearance in accordance Introduction with the Paperwork Reduction Act of Households. The information is needed 1995. The information collection is to report on Private Bills to Congress With this notice, we finalize the CCP published to obtain comments from the when requested. process for Currituck NWR. We started public and affected agencies. Comments (5) An estimate of the total number of this process through a notice in the are encouraged and will be accepted for respondents and the amount of time Federal Register on November 3, 2000 sixty days until February 2, 2009. estimated for an average respondent to (65 FR 66256). Written comments and suggestions respond: 100 responses at 1 hour (60 Currituck NWR, in northeastern North regarding items contained in this notice, minutes) per response. Carolina, consists of 4,570 acres of fee and especially with regard to the simple land and 3,931 acres of (6) An estimate of the total public estimated public burden and associated conservation easements. Of the fee burden (in hours) associated with the response time should be directed to the simple land, 2,202 acres are brackish Department of Homeland Security collection: 100 annual burden hours. marsh, 778 acres are brackish shrub, 637 (DHS), Joe Gerhart, Chief, Records Comments and/or questions; requests acres are maritime forest, 202 acres are Management Branch, U.S. Immigration for a copy of the proposed information dune, and 143 acres are managed and Customs Enforcement, 500 12th collection instrument, with instructions; wetlands (impoundments). Currituck Street, SW., Room 3138, Washington, or inquiries for additional information NWR was established in 1984 to DC 20536; (202) 732–6337. should be directed to: Joseph M. conserve and protect the coastal barrier Comments are encouraged and will be Gerhart, Chief, Records Management island ecosystem. These refuge lands are accepted for sixty days until February 2, Branch, U.S. Immigration and Customs managed to provide wintering habitat 2009. Written comments and Enforcement, 500 12th Street, SW., for waterfowl, shorebirds, wading birds, suggestions from the public and affected Room 3138, Washington, DC 20536; marsh birds, and neotropical migratory agencies concerning the proposed (202) 732–6337. songbirds, as well as to protect collection of information should address threatened and endangered species, one or more of the following four points: Dated: December 1, 2008. such as piping plovers, sea turtles, and (1) Evaluate whether the proposed Joseph M. Gerhart, the sea beach amaranth. collection of information is necessary Chief, Records Management Branch,U.S. We announce our decision and the for the proper performance of the Immigration and Customs availability of the final CCP and FONSI functions of the agency, including Enforcement,Department of Homeland for Currituck NWR in accordance with whether the information will have Security. the National Environmental Policy Act practical utility; [FR Doc. E8–28764 Filed 12–3–08; 8:45 am] (NEPA) [40 CFR 1506.6(b)] (2) Evaluate the accuracy of the BILLING CODE 9111–28–P requirements. We completed a thorough agencies estimate of the burden of the analysis of impacts on the human proposed collection of information, environment, which we included in the

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Draft CCP/EA. The CCP will guide us in to allow the priority public uses (e.g., Sandia, New Mexico; Pueblo of Santa managing and administering Currituck hunting, fishing, wildlife observation, Ana, New Mexico; Pueblo of Santa NWR for the next 15 years. Alternative wildlife photography, and Clara, New Mexico; Pueblo of Santo 2 is the foundation for the CCP. environmental education and Domingo, New Mexico; Pueblo of Taos, The compatibility determinations for interpretation) and will have the New Mexico; Pueblo of Tesuque, New recreational hunting, fishing, wildlife capacity to increase the number of Mexico; Pueblo of Zia, New Mexico; observation, wildlife photography, opportunities for public use. Ysleta del Sur Pueblo of Texas; and environmental education and Authority: This notice is published under Zuni Tribe of the Zuni Reservation, New interpretation, and trapping of selected the authority of the National Wildlife Refuge Mexico. furbearers for nuisance animal System Improvement Act of 1997, Public In 1898, human remains representing management are also available in the Law 105–57. a minimum of one individual were CCP. removed from ‘‘cliff house,’’ Mesa Dated: September 29, 2008. Verde, Montezuma, CO, by Warren King Background Cynthia K. Dohner, Moorehead for Robert S. Peabody. No The National Wildlife Refuge System Acting Regional Director. known individual was identified. The Improvement Act of 1997 (16 U.S.C. [FR Doc. E8–28705 Filed 12–3–08; 8:45 am] one associated funerary object is the 668dd–668ee) (Improvement Act), BILLING CODE 4310–55–P cotton cloth in which the mummified which amended the National Wildlife infant is wrapped. Refuge System Administration Act of ‘‘Cliff house’’ may be Cliff Palace or 1966, requires us to develop a CCP for DEPARTMENT OF THE INTERIOR it may be one of several unidentifiable each national wildlife refuge. The structures excavated by Moorehead. purpose for developing a CCP is to National Park Service Occupation dates for Mesa Verde are provide refuge managers with a 15-year Notice of Inventory Completion: Robert A.D. 600 to A.D. 1300. Based on plan for achieving refuge purposes and S. Peabody Museum of Archaeology, Moorehead’s description and the cotton contributing toward the mission of the Phillips Academy, Andover, MA wrapping, the human remains fall National Wildlife Refuge System, within these dates. The Mesa Verde area consistent with sound principles of fish AGENCY: National Park Service, Interior. was the center of important cultural and wildlife management, conservation, ACTION: Notice. developments archeologically classified legal mandates, and our policies. In as Pueblo I-III periods, during which addition to outlining broad management Notice is here given in accordance people established aggregated direction on conserving wildlife and with the Native American Graves agricultural villages with distinctive their habitats, CCPs identify wildlife- Protection and Repatriation Act architecture, ceramics, and ceremonial dependent recreational opportunities (NAGPRA), 25 U.S.C. 3003, of the practices. available to the public, including completion of an inventory of human In 1897, human remains representing opportunities for hunting, fishing, remains and associated funerary objects a minimum of one individual were wildlife observation, wildlife in the possession of the Robert S. removed from Pueblo Bonito, Chaco photography, and environmental Peabody Museum of Archaeology, Group, San Juan County, NM, by education and interpretation. We will Phillips Academy, Andover, MA. The Warren King Moorehead for Robert S. review and update the CCP at least human remains and associated funerary Peabody. No known individual was every 15 years in accordance with the objects were removed from Montezuma identified. The one associated funerary Improvement Act. County, CO, and San Juan County, NM. object is a reed mat. This notice is published as part of the In 1897, human remains representing Comments National Park Service’s administrative a minimum of two individuals were Approximately 100 copies of the Draft responsibilities under NAGPRA, 25 removed from Pueblo Bonito, Chaco CCP/EA were made available for a 30- U.S.C. 3003 (d)(3). The determinations Group, San Juan County, NM, by day public review period as announced in this notice are the sole responsibility Warren King Moorehead for Robert S. in the Federal Register on February 9, of the museum, institution, or Federal Peabody. No known individuals were 2006 (71 FR 6786). Eleven comments on agency that has control of the Native identified. No associated funerary the Draft CCP/EA were received. The American human remains and objects are present. Draft CCP/EA identified and evaluated associated funerary objects. The In 1897, five associated funerary three alternatives for managing the National Park Service is not responsible objects were removed from Pueblo refuge over a 15-year period. for the determinations in this notice. Bonito, Chaco Group, San Juan County, A detailed assessment of the human NM, by Warren King Moorehead for Selected Alternative remains was made by Robert S. Peabody Robert S. Peabody. The human remains After considering the comments we Museum of Archaeology professional are held by the Peabody Museum of received and based on the professional staff in consultation with Archaeology and Ethnology at Harvard judgment of the planning team, we representatives of the Hopi Tribe of University, Cambridge, MA, which is a selected Alternative 2 for Arizona; Navajo Nation, Arizona, New separate institution from the Robert S. implementation. The preferred Mexico & Utah; Ohkay Owingeh, New Peabody Museum of Archaeology. The alternative will result in moderate Mexico (formerly the Pueblo of San five associated funerary objects are one program increases. All habitats on the Juan); Pueblo of Acoma, New Mexico; wood mat, one feathered robe, and three refuge, including water levels of the Pueblo of Cochiti, New Mexico; Pueblo ceramic pitchers. impoundments and the vegetation, will of Isleta, New Mexico; Pueblo of Jemez, Pueblo Bonito is the largest and most be managed very intensively for New Mexico; Pueblo of Laguna, New famous site in Chaco Canyon, and migrating waterfowl. The staff will Mexico; Pueblo of Nambe, New Mexico; among the most well documented of the monitor vegetation in the marshes Pueblo of Picuris, New Mexico; Pueblo 12 Ancestral Puebloan ‘‘great houses’’ before and after prescribed burns and of Pojoaque, New Mexico; Pueblo of San located there. As an architectural type, inventory vegetation in the maritime Felipe, New Mexico; Pueblo of San it shares with the others multiple swamp forest. The refuge will continue Ildefonso, New Mexico; Pueblo of stories, core-and-veneer masonry

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construction, and larger rooms and connecting the site to a network of described above represent the physical subterranean kivas than found in others, and a complex irrigation system. remains of five individuals of Native preceding periods. Pueblo Bonito’s Diagnostic ceramics in the museum’s American ancestry. Officials of the planned D-shaped structure was five Moorehead collection are Pueblo II and Robert S. Peabody Museum of stories high along its back wall and may III types tentatively identified as Red Archaeology also have determined that, have had 800 rooms. It was built in Mesa Black-on-white (A.D. 875–1000), pursuant to 25 U.S.C. 3001 (3)(A), the three major episodes beginning around Gallup Black-on-white (A.D. 1000– seven objects described above are A.D. 919 and ending about A.D. 1140. 1100), Chaco Black-on-white (A.D. reasonably believed to have been placed At its peak in the late 10th century as 1075–1130), and Mesa Verde Black-on- with or near individual human remains many as 600 rooms may have been in white (A.D. 1140–1225). at the time of death or later as part of use. After about A.D. 1200, the entire the death rite or ceremony. Lastly, In 1897, human remains representing Chaco area, including Pueblo Bonito, officials of the Robert S. Peabody a minimum of one individual were went into a decline that roughly Museum of Archaeology also have removed from a ‘‘Graveyard’’ near corresponds to population growth determined that, pursuant to 25 U.S.C. Chaco Group, San Juan County, NM, by occurring in regions to the east and 3001 (2), there is a relationship of Warren King Moorehead for Robert S. south. Continuities in architecture, shared group identity that can be Peabody. No known individual was ceramics, agricultural practices, food- identified. No associated funerary processing technology, and rituals from reasonably traced between the Native objects are present. Chaco Canyon’s prehistoric settlements American human remains and the Hopi This site is a small ‘‘cemetery’’ about to the present-day Pueblos and Hopi Tribe of Arizona; Ohkay Owingeh, New a mile from Pueblo Bonito. Tribe bolster claims of cultural Mexico; Pueblo of Acoma, New Mexico; Archeological evidence indicates that affiliation by these communities. Pueblo of Cochiti, New Mexico; Pueblo Puebloan people were in Chaco Canyon Anthropological research corroborated of Isleta, New Mexico; Pueblo of Jemez, since at least the Basketmaker period during consultation indicates that many New Mexico; Pueblo of Laguna, New (circa A.D. 1). A survey of the Chaco Puebloan peoples have additional bases Mexico; Pueblo of Nambe, New Mexico; area has identified what archeologists for claiming cultural affiliation with the Pueblo of Picuris, New Mexico; Pueblo refer to as Pueblo I sites that date from ancient residents of Chaco Canyon due of Pojoaque, New Mexico; Pueblo of San A.D. 700 to 900. Pueblo Bonito was built to clan migrations, intermarriage, and Felipe, New Mexico; Pueblo of San and occupied during later Pueblo II and the regrouping of communities over Ildefonso, New Mexico; Pueblo of III, a period of time lasting from time. Sandia, New Mexico; Pueblo of Santa approximately A.D. 900 to 1200. Navajo Nation oral history, which Ana, New Mexico; Pueblo of Santa Robert S. Peabody’s collection became includes stories, songs and prayers, Clara, New Mexico; Pueblo of Santo the basis for the Robert S. Peabody supports a relationship with Mesa Verde Domingo, New Mexico; Pueblo of Taos, Museum of Archaeology at its founding and Chaco Canyon, but there is not a New Mexico; Pueblo of Tesuque, New in 1901. Peabody hired Moorehead to preponderance of evidence to support a Mexico; Pueblo of Zia, New Mexico; excavate Chaco Canyon and Mesa relationship of shared group identity to Ysleta del Sur Pueblo of Texas; and Verde. The items Moorehead collected the human remains described in this Zuni Tribe of the Zuni Reservation, New were added to Peabody’s already notice. Mexico. existing collection. The oral tradition Based on oral history, architecture, Representatives of any other Indian evidence describes dynamic population archeological, anthropological, tribe that believes itself to be culturally movements from Mesa Verde around consultation evidence, and scientific affiliated with the human remains and A.D. 1300. It also describes migration evidence, a relationship of shared group and trade routes at the time of identity can be reasonably traced associated funerary objects should occupation. The archeological literature between the human remains from Mesa contact Malinda Blustain, Director, refers to this widespread cultural Verde, Pueblo Bonito, and the Robert S. Peabody Museum of tradition as ‘‘Anasazi,’’ ‘‘Ancestral ‘‘Graveyard’’ near Chaco group and the Archaeology, Phillips Academy, 175 Puebloan,’’ or ‘‘Ancient Puebloan.’’ Hopi Tribe of Arizona; Ohkay Owingeh, Main Street, Andover, MA 01810, After approximately A.D. 1300, climatic New Mexico; Pueblo of Acoma, New telephone (978) 749–4493, before changes evidently caused the Mexico; Pueblo of Cochiti, New Mexico; January 5, 2009. Repatriation of the populations to leave the Four Corners Pueblo of Isleta, New Mexico; Pueblo of human remains and associated funerary region, and resettle in Pueblos along the Jemez, New Mexico; Pueblo of Laguna, objects to the Hopi Tribe of Arizona; Rio Grande and in the Pueblos of New Mexico; Pueblo of Nambe, New Ohkay Owingeh, New Mexico; Pueblo of Acoma, Zuni, and Hopi. Pueblo oral Mexico; Pueblo of Picuris, New Mexico; Acoma, New Mexico; Pueblo of Cochiti, tradition places Chaco Canyon, Pueblo of Pojoaque, New Mexico; New Mexico; Pueblo of Isleta, New including Pueblo Bonito, on migration Pueblo of San Felipe, New Mexico; Mexico; Pueblo of Jemez, New Mexico; routes. Songs and stories include Chaco Pueblo of San Ildefonso, New Mexico; Pueblo of Laguna, New Mexico; Pueblo as a place of occupation, trade, and Pueblo of Sandia, New Mexico; Pueblo of Nambe, New Mexico; Pueblo of migration. Based on scientific evidence, of Santa Ana, New Mexico; Pueblo of Picuris, New Mexico; Pueblo of the establishment of trading networks Santa Clara, New Mexico; Pueblo of Pojoaque, New Mexico; Pueblo of San with neighboring areas during the Santo Domingo, New Mexico; Pueblo of Felipe, New Mexico; Pueblo of San preliminary stages of Pueblo II at Pueblo Taos, New Mexico; Pueblo of Tesuque, Ildefonso, New Mexico; Pueblo of Bonito is indicated by decorated New Mexico; Pueblo of Zia, New Sandia, New Mexico; Pueblo of Santa ceramics from sources to the south and Mexico; Ysleta del Sur Pueblo of Texas; Ana, New Mexico; Pueblo of Santa corrugated utility wares that originated and Zuni Tribe of the Zuni Reservation, Clara, New Mexico; Pueblo of Santo to the west (Cordell 1979:149). These New Mexico. Domingo, New Mexico; Pueblo of Taos, relationships expanded during Pueblo Officials of the Robert S. Peabody New Mexico; Pueblo of Tesuque, New III and resulted in a cultural florescence Museum of Archaeology have Mexico; Pueblo of Zia, New Mexico; typified by the construction of great determined that, pursuant to 25 U.S.C. Ysleta del Sur Pueblo of Texas; and kivas, a system of trails and roads 3001 (9–10), the human remains Zuni Tribe of the Zuni Reservation, New

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Mexico may proceed after that date if no A detailed assessment of the human Michigan’s upper peninsula (Mackinac additional claimants come forward. remains was made by the Mackinac County). Within the boundaries of The Robert S. Peabody Museum of State Historic Parks professional staff in Mackinac County, Mackinac Island is Archaeology is responsible for notifying consultation with representatives from situated in northern Lake Huron. This the Hopi Tribe of Arizona; Navajo the Bay Mills Indian Community, area has a long established history of Nation, Arizona, New Mexico & Utah; Michigan; Grand Traverse Bay Band of Native American occupation before Ohkay Owingeh, New Mexico; Pueblo of Ottawa and Chippewa Indians, European encroachment in the early Acoma, New Mexico; Pueblo of Cochiti, Michigan; Little Traverse Bay Band of 17th century. The Anishnaabek, which New Mexico; Pueblo of Isleta, New Odawa, Michigan; Sault Ste. Marie is comprised of the Odawa/Ottawa, Mexico; Pueblo of Jemez, New Mexico; Tribe of Chippewa Indians of Michigan; Ojibwe/Chippewa and Potawatomi, Pueblo of Laguna, New Mexico; Pueblo and the Michigan Anishnaabek Cultural have long called this area home. of Nambe, New Mexico; Pueblo of Preservation and Repatriation Alliance Officials of the Mackinac State Historic Picuris, New Mexico; Pueblo of (MACPRA), a non-Federally recognized Parks have reasonably determined that Pojoaque, New Mexico; Pueblo of San Indian group. the individuals described above from Felipe, New Mexico; Pueblo of San In 1966, human remains representing Emmet and Mackinac Counties are Ildefonso, New Mexico; Pueblo of a minimum of one individual were Native American, however, officials of Sandia, New Mexico; Pueblo of Santa excavated from Fort Michilimackinac, the Mackinac State Historic Parks have Ana, New Mexico; Pueblo of Santa Mackinaw City in Emmet County, MI, determined that the evidence is Clara, New Mexico; Pueblo of Santo by Dr. Lyle Stone, archeologist, during insufficient to determine cultural Domingo, New Mexico; Pueblo of Taos, excavations to locate Fort affiliation to any present-day Indian New Mexico; Pueblo of Tesuque, New Michilimackinac. The human remains tribe. Mexico; Pueblo of Zia, New Mexico; were placed into the parks’ collection at Officials of the Mackinac State Ysleta del Sur Pueblo of Texas; and that time (Accn. ι MS2.3438). No known Historic Parks have determined that, Zuni Tribe of the Zuni Reservation, New individual was identified. No associated pursuant to 25 U.S.C. 3001 (9–10), the Mexico that this notice has been funerary objects are present. human remains described above published. In 1973, human remains representing represent the physical remains of eight a minimum of one individual were individuals of Native American Dated: November 6, 2008 excavated from the Fort ancestry. Officials of the Mackinac State Sherry Hutt. Michilimackinac suburbs, Mackinaw Historic Parks also have determined Manager, National NAGPRA Program. City in Emmet County, MI, by W.L. that, pursuant to 25 U.S.C. 3001 (3)(A), [FR Doc. E8–28696 Filed 12–3–08; 8:45 am] Minnerly, archeologist, during the 15 objects described above are BILLING CODE 4312–50–S excavations in preparation for reasonably believed to have been placed construction done by the state park. The with or near individual human remains human remains were placed into the at the time of death or later as part of DEPARTMENT OF THE INTERIOR parks’collection at that time (Accn. ι the death rite or ceremony. Lastly, F.533). No known individual was officials of the Mackinac State Historic National Park Service identified. The 15 associated funerary Parks have determined that, pursuant to objects are 12 white seed beads, 2 glass Notice of Inventory Completion: 25 U.S.C. 3001 (2), a relationship of French trade beads, and 1 kaolin Michigan Department of Natural shared group identity cannot be pipestem fragment. reasonably traced between the Native Resources, Mackinac State Historic In 1981, human remains representing Parks, Mackinaw City, MI American human remains and a minimum of five individuals were associated funerary objects and any AGENCY: National Park Service, Interior. recovered from Arch Rock on Mackinac present-day Indian tribe. ACTION: Notice. Island in Mackinac County, MI, by a The Native American Graves park visitor who notified the state park. Protection and Repatriation Review Notice is here given in accordance Dr. Roger Grange, archeologist, Committee (Review Committee) is with the Native American Graves investigated and determined that the responsible for recommending specific Protection and Repatriation Act location was a Native American rock- actions for disposition of culturally (NAGPRA), 25 U.S.C. 3003, of the shelter burial. The human remains were unidentifiable human remains. In May completion of an inventory of human placed into the parks’ collection at that 2008, Mackinac State Historic Parks remains and associated funerary objects time. No known individuals were requested that the Review Committee in the possession of Michigan identified. No associated funerary recommend disposition of eight Department of Natural Resources, objects are present. culturally unidentifiable human Mackinac State Historic Parks, In 1994, human remains representing remains to the Bay Mills Indian Mackinaw City, MI. The human remains a minimum of one individual were Community, Michigan; Little Traverse and associated funerary objects were excavated at the Island House Hotel on Bay Band of Odawa, Michigan; and removed from Emmet and Mackinac Mackinac Island in Mackinac County, Sault Ste. Marie Tribe of Chippewa Counties, MI. MI, by Richard Clute, contractual Indians of Michigan, as the aboriginal This notice is published as part of the archeologist, during excavations to occupants of the lands encompassing National Park Service’s administrative construct a hotel pool. The human the present-day Emmet and Mackinac responsibilities under NAGPRA, 25 remains were transferred to the park and Counties, MI. U.S.C. 3003 (d)(3). The determinations were placed into the collection. No The Review Committee considered in this notice are the sole responsibility known individual was identified. No the proposal at its May 15–16, 2008 of the museum, institution, or Federal associated funerary objects are present. meeting and recommended disposition agency that has control of the Native The area of Emmet and Mackinac of the human remains to the Bay Mills American human remains and Counties, encompassing the Straits of Indian Community, Michigan; Little associated funerary objects. The Mackinac, are situated at the top of Traverse Bay Band of Odawa, Michigan; National Park Service is not responsible Michigan’s lower peninsula (Emmet and Sault Ste. Marie Tribe of Chippewa for the determinations in this notice. County) and lower southeast corner of Indians of Michigan. A July 18, 2008

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letter on behalf of the Secretary of (‘‘ID’’) (Order No. 7) granting the joint prejudice the public interest. No Interior from the Designated Federal motion to terminate the captioned petitions for review of this ID were filed. Official, transmitted the authorization investigation based on a settlement The Commission has determined not for the state park to effect disposition of agreement. to review the ID. The authority for the Commission’s the human remains and associated FOR FURTHER INFORMATION CONTACT: funerary objects of the culturally Megan M. Valentine, Office of the determination is contained in section unidentifiable individuals to the three General Counsel, U.S. International 337 of the Tariff Act of 1930, as Indian tribes listed above contingent on Trade Commission, 500 E Street, SW., amended (19 U.S.C. 1337), and in the publication of a Notice of Inventory Washington, DC 20436, telephone (202) section 210.42 of the Commission’s Completion in the Federal Register. 708–2301. Copies of non-confidential Rules of Practice and Procedure (19 CFR This notice fulfills that requirement. documents filed in connection with this 210.42). Representatives of any other Indian investigation are or will be available for By order of the Commission. tribe that believes itself to be culturally inspection during official business Issued: November 29, 2008. affiliated with the human remains and hours (8:45 a.m. to 5:15 p.m.) in the William R. Bishop, associated funerary objects should Office of the Secretary, U.S. Acting Secretary to the Commission. contact Brian Jaeschke, Registrar, International Trade Commission, 500 E Mackinac State Historic Parks, P.O. Box [FR Doc. E8–28698 Filed 12–3–08; 8:45 am] Street, SW., Washington, DC 20436, BILLING CODE 7020–02–P 873, Mackinaw City, MI 40701, telephone (202) 205–2000. General telephone (231) 436–4100, fax (231) information concerning the Commission 436–4210, before January 5, 2009. may also be obtained by accessing its INTERNATIONAL TRADE Disposition of the human remains and Internet server at http://www.usitc.gov. COMMISSION associated funerary objects to the Bay The public record for this investigation Mills Indian Community, Michigan; may be viewed on the Commission’s [Investigations Nos. 701–TA–456 and 731– Little Traverse Bay Band of Odawa, electronic docket (EDIS) at http:// TA–1151–1152 (Final)] Michigan; and Sault Ste. Marie Tribe of edis.usitc.gov. Hearing-impaired Chippewa Indians of Michigan may Citric Acid and Certain Citrate Salts persons are advised that information on From Canada and China proceed after that date if no additional this matter can be obtained by claimants come forward. contacting the Commission’s TDD AGENCY: United States International Mackinac State Historic Parks is terminal on (202) 205–1810. Trade Commission. responsible for notifying the Bay Mills SUPPLEMENTARY INFORMATION: This ACTION: Scheduling of the final phase of Indian Community, Michigan; Grand investigation was instituted on countervailing duty and antidumping Traverse Bay Band of Ottawa and September 18, 2008, based on a investigations. Chippewa Indians, Michigan; Little complaint filed by Freescale Traverse Bay Band of Odawa, Michigan; SUMMARY: The Commission hereby gives Semiconductor, Inc., of Austin, Texas and Sault Ste. Marie Tribe of Chippewa notice of the scheduling of the final (‘‘Freescale’’). 73 FR 54164 (September Indians of Michigan; and the Michigan phase of countervailing duty 18, 2008). The complaint alleges Anishnaabek Cultural Preservation and investigation No. 701–TA–456 (Final) violations of section 337 of the Tariff Repatriation Alliance (MACPRA), a non- under section 705(b) of the Tariff Act of Act of 1930, as amended, 19 U.S.C. Federally recognized Indian group, that 1930 (19 U.S.C. 1671d(b)) (the Act) and 1337, in the importation into the United this notice has been published. the final phase of antidumping States, the sale for importation, and the investigation Nos. 731–TA–1151–1152 Dated: October 21, 2008 sale within the United States after (Final) under section 735(b) of the Act Sherry Hutt, importation of certain integrated circuits (19 U.S.C. 1673d(b)) to determine Manager, National NAGPRA Program. or products containing the same that whether an industry in the United infringe one or more of claims of U.S. [FR Doc. E8–28697 Filed 12–3–08; 8:45 am] States is materially injured or Patent Nos. 5,467,455; 5,776,798; and BILLING CODE 4312–50–S threatened with material injury, or the 6,473,349. The complaint further alleges establishment of an industry in the the existence of a domestic industry. United States is materially retarded, by The Commission’s notice of INTERNATIONAL TRADE reason of subsidized imports from China investigation named LSI Corporation of COMMISSION and less-than-fair-value imports from Milpitas, California (‘‘LSI’’), as the sole Canada and China of citric acid and [Investigation No. 337–TA–656] respondent. On October 27, 2008, Freescale and certain citrate salts, provided for in In the Matter of Certain Integrated LSI jointly moved to terminate the subheadings 2918.14.00, 2918.15.10, Circuits and Products Containing investigation on the basis of a settlement 2918.15.50, and 3824.90.92 of the Same; Notice of Commission agreement. On November 6, 2008, the Harmonized Tariff Schedule of the 1 Determination Not To Review an Initial Commission investigative attorney filed United States. Determination Terminating the a response supporting the motion. 1 Investigation on the Basis of a On November 10, 2008, the ALJ For purposes of these investigations, the Settlement Agreement Department of Commerce hasdefined the subject issued the subject ID granting the joint merchandise as ‘‘all grades and granulation sizes of AGENCY: U.S. International Trade motion to terminate the investigation citric acid, sodium citrate, and potassium citrate in based on the settlement agreement. The their unblended forms, whether dry or in solution, Commission. and regardless of packaging type. The scope also ACTION: Notice. ALJ found that the motion complied includes blends of citric acid, sodium citrate, and with the requirements of Commission potassium citrate; as well as blends with other SUMMARY: Notice is hereby given that Rule 210.21 (19 CFR 210.21). The ALJ ingredients, such as sugar, where the unblended the U.S. International Trade also concluded that, pursuant to form(s) of citric acid, sodium citrate, and potassium citrate constitute 40 percent or more, by weight, of Commission has determined not to Commission Rule 210.50(b)(2) (19 CFR the blend. The scope of this investigation also review the presiding administrative law 210.50(b)(2)), there is no evidence that includes all forms of crude calcium citrate, judge’s (‘‘ALJ’’) initial determination termination of this investigation will Continued

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For further information concerning States at less than fair value within the Commission’s deliberations may request the conduct of this phase of the meaning of section 733 of the Act (19 permission to present a short statement investigations, hearing procedures, and U.S.C. 1673b). The investigations were at the hearing. All parties and rules of general application, consult the requested in a petition filed on April 14, nonparties desiring to appear at the Commission’s Rules of Practice and 2008, by Archer Daniels Midland Co., hearing and make oral presentations Procedure, part 201, subparts A through Decatur, IL; Cargill, Inc., Wayzata, MN; should attend a prehearing conference E (19 CFR part 201), and part 207, and Tate & Lyle Americas, Inc., Decatur, to be held at 9:30 a.m. on April 1, 2009, subparts A and C (19 CFR part 207). IL. at the U.S. International Trade DATES: Effective Date: November 20, Participation in the investigations and Commission Building. Oral testimony 2008. public service list.—Persons, including and written materials to be submitted at industrial users of the subject FOR FURTHER INFORMATION CONTACT: the public hearing are governed by merchandise and, if the merchandise is Christopher J. Cassise (202–708–5408), sections 201.6(b)(2), 201.13(f), and sold at the retail level, representative Office of Investigations, U.S. 207.24 of the Commission’s rules. consumer organizations, wishing to International Trade Commission, 500 E Parties must submit any request to participate in the final phase of these Street, SW., Washington, DC 20436. present a portion of their hearing investigations as parties must file an Hearing-impaired persons can obtain testimony in camera no later than 7 entry of appearance with the Secretary information on this matter by contacting business days prior to the date of the to the Commission, as provided in the Commission’s TDD terminal on 202– hearing. section 201.11 of the Commission’s 205–1810. Persons with mobility Written submissions.—Each party rules, no later than 21 days prior to the impairments who will need special who is an interested party shall submit hearing date specified in this notice. A assistance in gaining access to the a prehearing brief to the Commission. party that filed a notice of appearance Commission should contact the Office Prehearing briefs must conform with the during the preliminary phase of the of the Secretary at 202–205–2000. provisions of section 207.23 of the investigations need not file an General information concerning the Commission’s rules; the deadline for additional notice of appearance during Commission may also be obtained by filing is March 31, 2009. Parties may this final phase. The Secretary will accessing its internet server (http:// also file written testimony in connection maintain a public service list containing www.usitc.gov). The public record for with their presentation at the hearing, as the names and addresses of all persons, these investigations may be viewed on provided in section 207.24 of the or their representatives, who are parties the Commission’s electronic docket to the investigations. Commission’s rules, and posthearing (EDIS) at http://edis.usitc.gov. Limited disclosure of business briefs, which must conform with the SUPPLEMENTARY INFORMATION: proprietary information (BPI) under an provisions of section 207.25 of the Background.—The final phase of administrative protective order (APO) Commission’s rules. The deadline for these investigations is being scheduled and BPI service list.—Pursuant to filing posthearing briefs is April 15, as a result of affirmative preliminary section 207.7(a) of the Commission’s 2009; witness testimony must be filed determinations by the Department of rules, the Secretary will make BPI no later than three days before the Commerce that certain benefits which gathered in the final phase of these hearing. In addition, any person who constitute subsidies within the meaning investigations available to authorized has not entered an appearance as a party of section 703 of the Act (19 U.S.C. applicants under the APO issued in the to the investigations may submit a 1671b) are being provided to investigations, provided that the written statement of information manufacturers, producers, or exporters application is made no later than 21 pertinent to the subject of the in China of citric acid and certain citric days prior to the hearing date specified investigations, including statements of salts, and that imports from Canada and in this notice. Authorized applicants support or opposition to the petition, on China are being sold in the United must represent interested parties, as or before April 15, 2009. On May 1, defined by 19 U.S.C. 1677(9), who are 2009, the Commission will make including dicalcium citrate monohydrate, and parties to the investigations. A party available to parties all information on tricalcium citrate tetrahydrate, which are which they have not had an opportunity intermediate products in the production of citric granted access to BPI in the preliminary acid, sodium citrate, and potassium citrate. The phase of the investigations need not to comment. Parties may submit final scope of this investigation does not include calcium reapply for such access. A separate comments on this information on or citrate that satisfies the standards set forth in the service list will be maintained by the before May 5, 2009, but such final United States Pharmacopeia and has been mixed with a functional excipient, such as dextrose or Secretary for those parties authorized to comments must not contain new factual starch, where the excipient constitutes at least 2%, receive BPI under the APO. information and must otherwise comply by weight, of the product. The scope of this Staff report.—The prehearing staff with section 207.30 of the Commission’s investigation includes the hydrous and anhydrous report in the final phase of these rules. All written submissions must forms of citric acid, the dihydrate and anhydrous forms of sodium citrate, otherwise known as citric investigations will be placed in the conform with the provisions of section acid sodium salt, and the monohydrate and nonpublic record on March 24, 2009, 201.8 of the Commission’s rules; any monopotassium forms of potassium citrate. Sodium and a public version will be issued submissions that contain BPI must also citrate also includes both trisodium citrate and thereafter, pursuant to section 207.22 of conform with the requirements of monosodium citrate, which are also known as citric acid trisodium salt and citric acid monosodium salt, the Commission’s rules. sections 201.6, 207.3, and 207.7 of the respectively. Citric acid and sodium citrate are Hearing.—The Commission will hold Commission’s rules. The Commission’s classifiable under 2918.14.0000 and 2918.15.1000 a hearing in connection with the final rules do not authorize filing of of the Harmonized Tariff Schedule of the United phase of these investigations beginning submissions with the Secretary by States (HTSUS), respectively. Potassium citrate and crude calcium citrate are classifiable under at 9:30 a.m. on April 7, 2009, at the U.S. facsimile or electronic means, except to 2918.15.5000 and 3824.90.9290 of the HTSUS, International Trade Commission the extent permitted by section 201.8 of respectively. Blends that include citric acid, sodium Building. Requests to appear at the the Commission’s rules, as amended, 67 citrate, and potassium citrate are classifiable under hearing should be filed in writing with FR 68036 (November 8, 2002). Even 3824.90.9290 of the HTSUS. Although the HTSUS subheadings are provided for convenience and the Secretary to the Commission on or where electronic filing of a document is customs purposes, the written description of the before March 30, 2009. A nonparty who permitted, certain documents must also merchandise is dispositive.’’ has testimony that may aid the be filed in paper form, as specified in

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II(C) of the Commission’s Handbook on disposed of at the scheduled meeting, paperwork and respondent burden, Electronic Filing Procedures, 67 FR may be carried over to the agenda of the conducts a preclearance consultation 68168, 68173 (November 8, 2002). following meeting. program to provide the general public Additional written submissions to the By order of the Commission. and Federal agencies with an Commission, including requests Issued: December 1, 2008. opportunity to comment on proposed pursuant to section 201.12 of the and/or continuing collection of William R. Bishop, Commission’s rules, shall not be information in accordance with the accepted unless good cause is shown for Hearings and Meetings Coordinator. Paperwork Reduction Act of 1995 accepting such submissions, or unless [FR Doc. E8–28796 Filed 12–3–08; 8:45 am] (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This the submission is pursuant to a specific BILLING CODE 7020–02–P program helps to ensure that requested request by a Commissioner or data can be provided in the desired Commission staff. format, reporting burden (time and In accordance with sections 201.16(c) DEPARTMENT OF JUSTICE financial resources) is minimized, and 207.3 of the Commission’s rules, collection instruments are clearly each document filed by a party to the United States Parole Commission understood, and the impact of collection investigations must be served on all requirements on respondents can be other parties to the investigations (as Public Announcement Pursuant to the Government in the Sunshine Act properly assessed. identified by either the public or BPI A copy of the proposed information service list), and a certificate of service (Pub. L. 94–409) [5 U.S.C. Section 552b] collection request (ICR) can be obtained must be timely filed. The Secretary will by contacting the office listed below in not accept a document for filing without AGENCY HOLDING MEETING: Department of the addressee section of this notice or by a certificate of service. Justice, United States Parole accessing: http://www.doleta.gov/ Authority: These investigations are Commission. OMBCN/OMBControlNumber.cfm. being conducted under authority of title DATES: VII of the Tariff Act of 1930; this notice TIME AND DATE: 10 a.m., Wednesday, Written comments must be is published pursuant to section 207.21 December 3, 2008. submitted to the office listed in the of the Commission’s rules. PLACE: 5550 Friendship Blvd., Fourth addressee section below on or before February 2, 2009. Issued: December 1, 2008. Floor, Chevy Chase, MD 20815. ADDRESSES: Send comments to Diane By order of the Commission. STATUS: Open. Wood, U.S. Department of Labor, MATTERS TO BE CONSIDERED: The William R. Bishop, Employment and Training following matters have been placed on Acting Secretary to the Commission. Administration, Office of Workforce the agenda for the open Parole [FR Doc. E8–28730 Filed 12–3–08; 8:45 am] Security, 200 Constitution Avenue, Commission meeting: BILLING CODE 7020–02–P NW., Frances Perkins Bldg. Room S– 1. Approval of Minutes of August 4531, Washington, DC 20210, telephone 2008 Quarterly Business Meeting. number (202) 693–3212 (this is not a 2. Reports from the Chairman, INTERNATIONAL TRADE toll-free number) or by e-mail at Commissioners, Chief of Staff, and COMMISSION [email protected]. Section Administrators. [USITC SE–08–034] AGENCY CONTACT: Thomas W. SUPPLEMENTARY INFORMATION: Government in the Sunshine Act Hutchison, Chief of Staff, United States I. Background: Funds were awarded Meeting Notice Parole Commission, (301) 492–5990. to participating states in fiscal year 2008 to continue the Reemployment and Date: November 26, 2008. AGENCY HOLDING THE MEETING: United Eligibility Assessment (REA) initiative. Rockne J. Chickinell, States International Trade Commission. The REA guidelines require that these General Counsel, U.S. Parole Commission. TIME AND DATE: December 12, 2008 at 11 funds be used to conduct in-person a.m. [FR Doc. E8–28669 Filed 12–3–08; 8:45 am] assessments in the One-Stop Career BILLING CODE 4410–31–M PLACE: Room 101, 500 E Street, SW., Centers. The REA must include an Washington, DC 20436, Telephone: unemployment insurance (UI) (202) 205–2000. continued eligibility review, the DEPARTMENT OF LABOR provision of labor market information, STATUS: Open to the public. development of a work-search plan and MATTERS TO BE CONSIDERED: Employment and Training referral to reemployment services and/ 1. Agenda for future meetings: None. Administration 2. Minutes. or training, as appropriate. The guidelines require that participation 3. Ratification List. Information Collection Request for the exclude those claimants who have a 4. Inv. Nos. 701–TA–459 and 731– ETA 9128, Reemployment and specific return-to-work date or who TA–1155 (Preliminary) (Commodity Eligibility Assessments Workloads secure employment solely through a Matchbooks from India)—briefing and Report, and the ETA 9129, union hiring hall. vote. (The Commission is currently Reemployment and Eligibility scheduled to transmit its determinations Assessments Outcomes Report: II. Desired Focus of Comments: to the Secretary of Commerce on or Extension Without Change, Comment Currently, the Employment and before December 15, 2008; Request Training Administration is soliciting Commissioners’ opinions are currently comments on extending the collection scheduled to be transmitted to the AGENCY: Employment and Training of the ETA 9128, Reemployment and Secretary of Commerce on or before Administration. Eligibility Assessments Workloads December 22, 2008.) ACTION: Notice. Report and the ETA 9129, 5. Outstanding action jackets: None. Reemployment and Eligibility In accordance with Commission SUMMARY: The Department of Labor, as Assessments Outcomes Report. policy, subject matter listed above, not part of its continuing effort to reduce Comments are requested to:

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• Evaluate whether the proposed DEPARTMENT OF LABOR of the expenses of administration. This collection of information is necessary to is the ‘‘limited withdrawal’’ standard. assess performance of the REA Employment and Training Federal law (Section 303(a)(6) of the initiative, including whether the Administration SSA) gives the Secretary of Labor the information has practical utility; authority to require the reporting of • Evaluate the accuracy of the Information Collection Request for information deemed necessary to assure agency’s estimate of the burden of the Unemployment Insurance (UI) Trust state compliance with the provisions of proposed collection of information, Fund Activities Reports: Extension the SSA. including the validity of the Without Change, Comment Request Under this authority, the Secretary of Labor requires the following reports to methodology and assumptions used; AGENCY: Employment and Training • monitor state compliance with the Enhance the quality, utility, and Administration, Labor. clarity of the information to be immediate deposit and limited ACTION: Notice. collected; and withdrawal standards: • ETA 2112: UI Financial Transactions Minimize the burden of the SUMMARY: The Department of Labor, as collection of information on those who Summary, Unemployment Fund; part of its continuing effort to reduce ETA 8401: Monthly Analysis of are to respond, including the use of paperwork and respondent burden, Benefit Payment Account; appropriate automated, electronic, conducts a preclearance consultation ETA 8405: Monthly Analysis of mechanical, or other technological program to provide the general public Clearing Account; collection techniques or other forms of and Federal agencies with an ETA 8413: Income—Expense Analysis information technology, e.g., permitting opportunity to comment on proposed UC Fund, Benefit Payment Account; electronic submissions of responses. and/or continuing collection of ETA 8414: Income—Expense Analysis III. Current Actions: The continued information in accordance with the UC Fund, Clearing Account; collection of the information contained Paperwork Reduction Act of 1995 ETA 8403: Summary of Financial on the ETA 9128 and the ETA 9129 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This Transactions—Title IX Funds. reports is necessary to enable the Office program helps to ensure that requested These reports are submitted to the of Workforce Security (OWS) to data can be provided in the desired Office of Workforce Security (OWS) continue evaluating the effectiveness of format, reporting burden (time and within the Employment and Training this initiative through workload and financial resources) is minimized, Administration which uses them to: • outcomes reports. collection instruments are clearly Monitor cash flows into and out of Type of Review: Extension without understood, and the impact of collection the UTF to determine state compliance change. requirements on respondents can be with the immediate deposit and limited Agency: Employment and Training withdrawal standards. properly assessed. • Administration (ETA). A copy of the proposed information Assure proper accounting for Title: Reemployment and Eligibility collection request (ICR) can be obtained unemployment funds, an integral part of Assessments Workloads Report and by contacting the office listed below in preparing the Department’s Reemployment and Eligibility the addressee section of this notice or by consolidated financial statements, required by the Chief Financial Officer Assessments Outcomes Report. accessing: http://www.doleta.gov/ Act of 1990. The UTF is the single OMB Number: 1205–0456. OMBCN/OMBControlNumber.cfm. largest asset and liability on the Agency Number: ETA 9128 and ETA DATES: Written comments must be 9129. statements. submitted to the office listed in the • Reconcile the Department’s records Affected Public: State and Local addressee section below on or before with the U.S. Treasury records. Governments. February 2, 2009. • Develop UI research and actuarial Total Respondents: 53 potentially—In ADDRESSES: Send comments to Joe reports, especially to monitor the fiscal year 2009, 18 State Workforce Williams, U.S. Department of Labor, solvency of the UTF. Agencies are participating in the REA Employment and Training The Department seeks renewal of this initiative. Additional states are expected Administration, Office of Workforce collection since the reports are essential to participate if funds are appropriated. Security, 200 Constitution Avenue, to the Department’s financial statements Frequency: Quarterly. NW., Frances Perkins Bldg. Room S– and program oversight responsibilities. Total Responses: 72. 4231, Washington, DC 20210, telephone II. Desired Focus of Comments: Average Time per Response: .5 hours. number (202) 693–2928 (this is not a Currently, the Employment and Estimated Total Burden Hours: 36 toll-free number) or by e-mail: Training Administration is soliciting hours. [email protected]. comments concerning the proposed Total Burden Cost (capital/startup): extension collection of these reports. $0. SUPPLEMENTARY INFORMATION: Comments are requested to: Total Burden Cost (operating/ I. Background: Section 303(a)(4) of the * Evaluate whether the proposed maintaining): $0. Social Security Act (SSA) and Section collection of information is necessary Comments submitted in response to 3304(a)(3) of the Federal Unemployment for the proper performance of the this notice will be summarized and/or Tax Act (FUTA) require that all monies functions of the agency, including included in the request for Office of received in the unemployment fund of whether the information will have Management and Budget approval of the a state be paid immediately to the practical utility; information collection request; they will Secretary of Treasury to the credit of the * Evaluate the accuracy of the also become a matter of public record. Unemployment Trust Fund (UTF). This agency’s estimate of the burden of the is the ‘‘immediate deposit’’ standard. proposed collection of information, Dated: November 12, 2008. Section 303(a)(5) of the SSA and including the validity of the Cheryl Atkinson, Section 3304(a)(4) of the FUTA require methodology and assumptions used; Administrator, Office of Workforce Security. that all monies withdrawn from the UTF * Enhance the quality, utility, and [FR Doc. E8–28708 Filed 12–3–08; 8:45 am] be used solely for the payment of clarity of the information to be BILLING CODE 4510–FN–P unemployment compensation, exclusive collected; and

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* Minimize the burden of the DEPARTMENT OF LABOR NATIONAL ARCHIVES AND RECORDS collection of information on those who ADMINISTRATION are to respond, including the use of Employment and Training appropriate automated, electronic, Administration Records Schedules; Availability and mechanical, or other technological Request for Comments Notice of a Change in Status of an collection techniques or other forms of Extended Benefit (EB) Period for AGENCY: National Archives and Records information technology, e.g., permitting Oregon Administration (NARA). electronic submissions of responses. ACTION: Notice of availability of III. Current Actions: The continued AGENCY: Employment and Training proposed records schedules; request for collection of these financial data are Administration, Labor. comments. necessary for the purposes of ACTION: Notice. SUMMARY: The National Archives and monitoring and evaluating state SUMMARY: This notice announces a Records Administration (NARA) financial transactions for proper change in benefit period eligibility publishes notice at least once monthly oversight and administration of the UI under the EB Program for Oregon. of certain Federal agency requests for system. The following change has occurred records disposition authority (records Type of Review: Extension without since the publication of the last notice schedules). Once approved by NARA, change. regarding the State’s EB status: records schedules provide mandatory Agency: Employment and Training • Based on data reported by the instructions on what happens to records Administration (ETA). Bureau of Labor Statistics on November when no longer needed for current 21, 2008, Oregon’s 3-month seasonally government business. They authorize Title: Unemployment Insurance Trust adjusted total unemployment rate rose the preservation of records of Fund Activities Reports. to the 6.5 percent threshold and continuing value in the National OMB Number: 1205–0154. exceeded 110 percent of the Archives of the United States and the Agency Number: ETA 2112, 8401, corresponding rate in the prior year. destruction, after a specified period, of 8405, 8413, 8414, 8403. This causes Oregon to be triggered ‘‘on’’ records lacking administrative, legal, to an EB period beginning December 07, research, or other value. Notice is Affected Public: State Workforce 2008. published for records schedules in Agencies. which agencies propose to destroy Total Respondents: 53. Information for Claimants records not previously authorized for Frequency: ETA 2112, 8401, 8405, The duration of benefits payable in disposal or reduce the retention period of records already authorized for 8413, 8414: Monthly. the EB Program, and the terms and conditions on which they are payable, disposal. NARA invites public × Total Responses: 53 states 12 are governed by the Federal-State comments on such records schedules, as months = 636 responses. Extended Unemployment Compensation required by 44 U.S.C. 3303a(a). Average Time per Response: The ETA Act of 1970, as amended, and the DATES: Requests for copies must be 2112, 8401, 8405, 8413, 8414 are all operating instructions issued to the received in writing on or before January submitted on a monthly basis. We states by the U.S. Department of Labor. 5, 2009. Once the appraisal of the estimate the state burden to be: 636 total In the case of a state beginning an EB records is completed, NARA will send responses × 2.5 hours for all 5 reports period, the State Workforce Agency will a copy of the schedule. NARA staff (.5 hours for each report) = 1,590 hours. furnish a written notice of potential usually prepare appraisal The ETA 8403 is submitted only when entitlement to each individual who has memorandums that contain additional there is activity requiring update of the exhausted all rights to regular benefits information concerning the records state’s Reed Act account. We estimate and is potentially eligible for EB (20 covered by a proposed schedule. These, the state burden to be: 53 states × 6 CFR 615.13(c)(1)). too, may be requested and will be annual responses × 30 minutes per Persons who believe they may be provided once the appraisal is entitled to EB, or who wish to inquire completed. Requesters will be given 30 response = 159 reporting hours. about their rights under the program, days to submit comments. Estimated Total Burden Hours: 1,749 should contact their State Workforce ADDRESSES: You may request a copy of hours. Agency. any records schedule identified in this Total Burden Cost (capital/startup): FOR FURTHER INFORMATION CONTACT: notice by contacting the Life Cycle $0. Scott Gibbons, U.S. Department of Management Division (NWML) using Total Burden Cost (operating/ Labor, Employment and Training one of the following means: Mail: NARA (NWML), 8601 Adelphi maintaining): $0. Administration, Office of Workforce Security, 200 Constitution Avenue, Road, College Park, MD 20740–6001. Comments submitted in response to E-mail: [email protected]. NW., Frances Perkins Bldg., Room S– this notice will be summarized and/or FAX: 301–837–3698. 4231, Washington, DC 20210, telephone included in the request for Office of Requesters must cite the control number (202) 693–3008 (this is not a Management and Budget approval of the number, which appears in parentheses toll-free number) or by e-mail: after the name of the agency which information collection request; they will [email protected]. also become a matter of public record. submitted the schedule, and must Signed in Washington, DC, this 28th day of provide a mailing address. Those who Dated: November 12, 2008. November, 2008. desire appraisal reports should so Cheryl Atkinson, Brent R. Orrell, indicate in their request. Administrator, Office of Workforce Security. Deputy Assistant Secretary of Labor for FOR FURTHER INFORMATION CONTACT: [FR Doc. E8–28709 Filed 12–3–08; 8:45 am] Employment and Training. Laurence Brewer, Director, Life Cycle BILLING CODE 4510–FW–P [FR Doc. E8–28702 Filed 12–3–08; 8:45 am] Management Division (NWML), BILLING CODE 4510–FW–P National Archives and Records

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Administration, 8601 Adelphi Road, description of the records at the file unit permanent such as notorious offenders College Park, MD 20740–6001. level as well as their disposition. If and Alcatraz inmate case files. Telephone: 301–837–1539. E-mail: NARA staff has prepared an appraisal 8. Department of Justice, Federal [email protected]. memorandum for the schedule, it too Bureau of Prisons (N1–129–09–8, 1 SUPPLEMENTARY INFORMATION: Each year includes information about the records. item, 1 temporary item). Web content Federal agencies create billions of Further information about the and administrative records for the records on paper, film, magnetic tape, disposition process is available on National Institute of Corrections public and other media. To control this request. Web site. 9. Department of Justice, Federal accumulation, agency records managers Schedules Pending prepare schedules proposing retention Bureau of Prisons (N1–129–09–9, 2 periods for records and submit these 1. Department of Health and Human items, 2 temporary items). Inputs and schedules for NARA’s approval, using Services, Centers for Disease Control data from an electronic information the Standard Form (SF) 115, Request for and Prevention (N1–442–08–1, 1 item, 1 system used to track program and Records Disposition Authority. These temporary item). Records of the Division institution reviews and inspections. schedules provide for the timely transfer of Global Migration and Quarantine, 10. Department of Justice, Federal into the National Archives of including passenger manifests and Bureau of Prisons (N1–129–09–10, 1 historically valuable records and customs declarations containing flight item, 1 temporary item). Web content authorize the disposal of all other information on travelers. and administrative records for the records after the agency no longer needs 2. Department of Homeland Security, National Institute of Corrections them to conduct its business. Some Headquarters Offices (N1–563–08–6, 4 intranet. schedules are comprehensive and cover items, 2 temporary items). Working 11. Department of the Navy, United all the records of an agency or one of its papers of mission-related agency States Marine Corps (N1–127–08–3, 1 major subdivisions. Most schedules, committees and inter-agency item, 1 temporary item). Master files of however, cover records of only one committees for which the Department an electronic information system used office or program or a few series of serves as lead. Proposed for permanent in the management of military family records. Many of these update retention are records documenting the housing. Records relate to such matters previously approved schedules, and committee’s establishment, as assignments, referrals, fund control, some include records proposed as organization, membership, meetings, and maintenance planning. permanent. and actions. 12. Department of the Navy, United The schedules listed in this notice are 3. Department of Homeland Security, States Marine Corps (N1–127–08–4, 3 media neutral unless specified Federal Emergency Management Agency items, 3 temporary items). Records otherwise. An item in a schedule is (N1–311–09–1, 1 item, 1 temporary relating to the management of training media neutral when the disposition item). Master files associated with an ranges and other training facilities, instructions may be applied to records electronic information system used to including master files of an electronic regardless of the medium in which the record, track, and search for the location information system. records are created and maintained. of displaced or separated individuals 13. Social Security Administration, Items included in schedules submitted after a major disaster. Records Office of Disability Adjudication and to NARA on or after December 17, 2007, associated with a catastrophic disaster Review (N1–47–09–1, 3 items, 3 are media neutral unless the item is are scheduled separately as permanent. temporary items). Records relating to limited to a specific medium. (See 36 4. Department of Justice, Civil Rights the investigation of misconduct and bias CFR 1228.24(b)(3).) Division (N1–60–09–3, 1 item, 1 complaints made against administrative No Federal records are authorized for temporary item). Master files for an law judges. destruction without the approval of the electronic information system that Dated: November 26, 2008. Archivist of the United States. This contains demographic information on Michael J. Kurtz, approval is granted only after a individuals who call employment Assistant Archivist for Records Services— thorough consideration of their discrimination hotlines. Washington, DC. administrative use by the agency of 5. Department of Justice, National [FR Doc. E8–28799 Filed 12–3–08; 8:45 am] Drug Intelligence Center (N1–523–08–3, origin, the rights of the Government and BILLING CODE 7515–01–P of private persons directly affected by 2 items, 2 temporary items). Records the Government’s activities, and relating to the agency’s emergency whether or not they have historical or management and security programs, other value. including agency compliance with NATIONAL INSTITUTE FOR LITERACY regulations issued at the departmental Besides identifying the Federal National Institute for Literacy Advisory level. agencies and any subdivisions Board requesting disposition authority, this 6. Department of Justice, Federal public notice lists the organizational Bureau of Prisons (N1–129–09–6, 1 AGENCY: National Institute for Literacy. unit(s) accumulating the records or item, 1 temporary item). Web content ACTION: Notice of a Closed indicates agency-wide applicability in and administrative records for the Teleconference Meeting. the case of schedules that cover records Federal Prison Industries intranet. that may be accumulated throughout an 7. Department of Justice, Federal SUMMARY: This notice sets forth the agency. This notice provides the control Bureau of Prisons (N1–129–09–7, 1 schedule and proposed agenda of an number assigned to each schedule, the item, 1 temporary item). Inmate case upcoming closed teleconference total number of schedule items, and the files for individuals convicted and held meeting of the National Institute for number of temporary items (the records at Federal penal and correctional Literacy Advisory Board. The notice proposed for destruction). It also institutions. This schedule covers also describes the functions of the includes a brief description of the inmate case files previously scheduled Committee. Notice of this meeting is temporary records. The records as temporary and does not cover inmate required by Section 10(a)(2) of the schedule itself contains a full case files previously scheduled as Federal Advisory Committee Act and is

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intended to notify the public of its inspection at the National Institute for an assessment by the NRC staff of the opportunity to attend. Literacy, 1775 I St., NW., Suite 730, Commonwealth’s regulatory program. DATES: December 22, 2008. Washington, DC 20006, from the hours Comments are requested on the Time: Closed teleconference meeting of 9 a.m. to 5 p.m., Eastern Time proposed Agreement, especially its 8:30 a.m. to 4 p.m. Monday through Friday. effect on public health and safety. ADDRESSES: The National Institute for Electronic Access to This Document: Comments are also requested on the Literacy, 1775 I St., NW., Suite 730, You may view this document, as well as NRC staff assessment, the adequacy of Washington, DC 20006. all other documents of this Department the Commonwealth’s program, and the FOR FURTHER INFORMATION CONTACT: published in the Federal Register, in Commonwealth’s program staff, as Steve Langley, Staff Assistant, the text or Adobe Portable Document discussed in this notice. National Institute for Literacy; 1775 I Format (PDF) on the Internet at the The proposed Agreement would St., NW., Suite 730; phone: (202) 233– following site: http://www.ed.gov/news/ release (exempt) persons who possess or 2025; fax: (202) 233–2050; e-mail: federegister. use certain radioactive materials in the [email protected]. To use PDF you must have Adobe Commonwealth from portions of the Acrobat Reader, which is available free Commission’s regulatory authority. The SUPPLEMENTARY INFORMATION: The at this site. If you have questions about Act requires that the NRC publish those National Institute for Literacy Advisory using PDF, call the U.S. Government exemptions. Notice is hereby given that Board is authorized by section 242 of Printing Office (GPO), toll free at 1–888– the pertinent exemptions have been the Workforce Investment Act of 1998, 293–6498; or in the Washington, DC, previously published in the Federal Public Law 105–220 (20 U.S.C. 9252). area at (202) 512–1530. Register and are codified in the The Board consists of 10 individuals Commission’s regulations as 10 CFR appointed by the President with the Note: The official version of this document Part 150. advice and consent of the Senate. The is the document published in the Federal Board advises and makes Register. Free Internet access to the official DATES: The comment period expires edition of the Federal Register and the Code December 22, 2008. Comments received recommendations to the Interagency of Federal Regulations is available on GPO Group that administers the Institute. after this date will be considered if it is Access at: http://www.gpoaccess.gov/nara/ practical to do so, but the Commission The Interagency Group is composed of index.html. the Secretaries of Education, Labor, and cannot assure consideration of Health and Human Services. The Dated: December 1, 2008. comments received after the expiration Interagency Group considers the Board’s Daniel Miller, date. recommendations in planning the goals Acting Director, The National Institute for ADDRESSES: Written comments may be of the Institute and in implementing any Literacy. submitted to Mr. Michael T. Lesar, programs to achieve those goals. [FR Doc. E8–28719 Filed 12–3–08; 8:45 am] Chief, Rulemaking, Directives and Specifically, the Board performs the BILLING CODE 6055–01–P Editing Branch, Division of following functions: (a) Makes Administrative Services, Office of recommendations concerning the Administration, Washington, DC 20555– appointment of the Director and the NUCLEAR REGULATORY 0001. Members of the public are invited staff of the Institute; (b) provides COMMISSION and encouraged to submit comments independent advice on operation of the electronically to http:// Institute; and (c) receives reports from [NRC–2008–0607] www.regulations.gov. Search on Docket the Interagency Group and the ID: [NRC–2008–0607] and follow the Commonwealth of Virginia: NRC Staff instructions for submitting comments. Institute’s Director. Assessment of a Proposed Agreement The purpose of this meeting is to The NRC maintains an Agencywide Between the Nuclear Regulatory interview candidates for the position of Documents Access and Management Commission and the Commonwealth Director. The discussion is likely to System (ADAMS), which provides text of Virginia disclose information of a personal and image files of NRC’s public nature where disclosure would AGENCY: Nuclear Regulatory documents. The documents may be constitute a clearly unwarranted Commission. accessed through the NRC’s Public invasion of personnel privacy. The ACTION: Notice of a proposed Agreement Electronic Reading Room on the Internet discussion must therefore be held in with the Commonwealth of Virginia. at http://www.nrc.gov/reading-rm/ closed session under exemptions 2 and adams.html. If you do not have access 6 of the Government in the Sunshine SUMMARY: By letter dated June 12, 2008, to ADAMS or if there are problems in Act, 5 U.S.C. 552b(c)(2) and (6). A Governor Timothy M. Kaine of Virginia accessing the documents located in summary of the activities at the closed requested that the U. S. Nuclear ADAMS, contact the NRC Public session and related matters that are Regulatory Commission (NRC or Document Room (PDR) reference staff at informative to the public and consistent Commission) enter into an Agreement (800) 397–4209, or (301) 415–4737, or with the policy of 5 U.S.C. 552b will be with the Commonwealth of Virginia by e-mail to [email protected]. available to the public within 14 days of (Commonwealth or Virginia) as Copies of comments received by NRC the meeting. authorized by Section 274 of the Atomic may be examined at the NRC Public Request for Public Written Comment. Energy Act of 1954, as amended (Act). Document Room, 11555 Rockville Pike, The public may send written comments Under the proposed Agreement, the Public File Area O–1–F21, Rockville, to the Advisory Board no later than 5 Commission would relinquish, and the Maryland. Copies of the request for an p.m. on December 18, 2008, to Steve Commonwealth would assume, portions Agreement by the Governor of Virginia Langley at the National Institute for of the Commission’s regulatory including all information and Literacy, 1775 I St., NW., Suite 730, authority exercised within the documentation submitted in support of Washington, DC 20006, e-mail: Commonwealth. As required by the Act, the request, and copies of the full text [email protected]. the NRC is publishing the proposed of the NRC Draft Staff Assessment are Records are kept of all Committee Agreement for public comment. The also available for public inspection in proceedings and are available for public NRC is also publishing the summary of the NRC’s Public Document Room—

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ADAMS Accession Numbers: referred to as the ‘‘categories of the authority to enter into an Agreement ML081720184, ML081760524, materials’’) that the Commonwealth with the Commission. Virginia law ML081760523, ML081760623, requests authority over are: contains provisions for the orderly ML081760624, ML082470314, and (1) The possession and use of transfer of regulatory authority over ML083180102. byproduct materials as defined in affected licensees from the NRC to the FOR FURTHER INFORMATION CONTACT: Ms. section 11e.(1) of the Act; Commonwealth. After the effective date Monica L. Orendi, Office of Federal and (2) The possession and use of of the Agreement, licenses issued by State Materials and Environmental byproduct materials as defined in NRC would continue in effect as Management Programs, U.S. Nuclear section 11e.(3) of the Act; Commonwealth licenses until the Regulatory Commission, Washington, (3) The possession and use of licenses expire or are replaced by DC 20555–0001. Telephone (301) 415– byproduct materials as defined in Commonwealth-issued licenses. NRC 3938 or e-mail to section 11e.(4) of the Act; licenses transferred to the [email protected]. (4) The possession and use of source Commonwealth which contain materials; and requirements for decommissioning and SUPPLEMENTARY INFORMATION: Since (5) The possession and use of special express intent to terminate the license Section 274 of the Act was added in nuclear materials in quantities not when decommissioning has been 1959, the Commission has entered into sufficient to form a critical mass. completed under a Commission Agreements with 35 States. The The materials and activities the approved decommissioning plan will Agreement States currently regulate Commonwealth is not requesting continue as Commonwealth licenses approximately 18,000 Agreement authority over are: and will be terminated by the material licenses, while the NRC (1) The regulation of extraction or Commonwealth when the Commission regulates approximately 4,000 licenses. concentration of source material from approved decommissioning plan has Under the proposed Agreement, source material ore and the management been completed. approximately 400 NRC licenses will and disposal of the resulting byproduct The Commonwealth currently transfer to the Commonwealth. The NRC material; regulates the users of naturally- periodically reviews the performance of (2) The regulation of land disposal of occurring and accelerator-produced the Agreement States to assure byproduct material or special nuclear radioactive materials. The Energy Policy compliance with the provisions of material waste received from other Act of 2005 (EPAct) expanded the Section 274. persons; and Commission’s regulatory authority over Section 274e requires that the terms of (3) The evaluation of radiation safety byproduct materials as defined in the proposed Agreement be published information on sealed sources or Sections 11e.(3) and 11e.(4) of the Act, in the Federal Register for public devices containing byproduct, source, or to include certain naturally-occurring comment once each week for four special nuclear materials and the and accelerator-produced radioactive consecutive weeks. This notice is being registration of the sealed sources or materials. On August 31, 2005, the published in fulfillment of the devices for distribution. Commission issued a time-limited requirement. (b) The proposed Agreement contains waiver (70 FR 51581) of the EPAct I. Background articles that: requirements. Under the proposed (1) Specify the materials and activities Agreement, the Commonwealth would (a) Section 274b of the Act provides over which authority is transferred; assume regulatory authority for these the mechanism for a State to assume (2) Specify the activities over which radioactive materials. Therefore, if the regulatory authority, from the NRC, over the Commission will retain regulatory proposed Agreement is approved, the 1 certain radioactive materials and authority; Commission would terminate the time- activities that involve use of the (3) Continue the authority of the limited waiver in the Commonwealth materials. Commission to safeguard nuclear coincident with the effective date of the In a letter dated June 12, 2008, materials and restricted data; Agreement. Also, a notification of Governor Kaine certified that the (4) Commit the Commonwealth and waiver termination would be provided Commonwealth of Virginia has a NRC to exchange information as in the Federal Register for the final program for the control of radiation necessary to maintain coordinated and Agreement. hazards that is adequate to protect compatible programs; (d) The NRC draft staff assessment public health and safety within Virginia (5) Provide for the reciprocal finds that the Commonwealth’s Division for the materials and activities specified recognition of licenses; of Radiological Health, an in the proposed Agreement, and that the (6) Provide for the suspension or organizational unit of the Virginia Commonwealth desires to assume termination of the Agreement; and Department of Health (VDH), is regulatory responsibility for these (7) Specify the effective date of the adequate to protect public health and materials and activities. Included with proposed Agreement. safety and is compatible with the NRC the letter was the text of the proposed The Commission reserves the option program for the regulation of Agreement Agreement, which is shown in to modify the terms of the proposed materials. Appendix A to this notice. Agreement in response to comments, to The radioactive materials and correct errors, and to make editorial II. Summary of the NRC Staff activities (which together are usually changes. The final text of the Assessment of the Commonwealth’s Agreement, with the effective date, will Program for the Control of Agreement 1 The radioactive materials, sometimes referred to be published after the Agreement is Materials as ‘‘Agreement materials,’’ are: (a) byproduct materials as defined in Section 11e.(1) of the Act; approved by the Commission and The NRC staff has examined the (b) byproduct materials as defined in Section signed by the NRC Chairman and the Commonwealth’s request for an 11e.(3) of the Act; (c) byproduct materials as Governor of Virginia. Agreement with respect to the ability of defined in Section 11e.(4) of the Act; (d) source (c) The regulatory program is the radiation control program to regulate materials as defined in Section 11z. of the Act; and (e) special nuclear materials as defined in Section authorized by law under the Code of Agreement materials. The examination 11aa. of the Act, restricted to quantities not Virginia (32.1–227—32.1–238). Section was based on the Commission’s policy sufficient to form a critical mass. 32.1–235 provides the Governor with statement ‘‘Criteria for Guidance of

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States and NRC in Discontinuance of sufficient knowledge and experience in for transfer for disposal to an authorized NRC Regulatory Authority and radiation protection, the use of waste disposal site or broker. Assumption Thereof by States Through radioactive materials, the standards for (d) Transportation of Radioactive Agreement,’’ (46 FR 7540; January 23, the evaluation of applications for Material. Virginia has adopted 1981, as amended by Policy Statements licensing, and the techniques of compatible regulations to the NRC published at 46 FR 36969; July 16, 1981 inspecting licensed users of agreement regulations in 10 CFR part 71. Part 71 and at 48 FR 33376; July 21, 1983), and materials. contains the requirements licensees the Office of Federal and State Materials (b) Legislation and Regulations. In must follow when preparing packages and Environmental Management conjunction with the rulemaking containing radioactive material for Programs (FSME) Procedure SA–700, authority vested in the Virginia Board of transport. Part 71 also contains ‘‘Processing an Agreement.’’ Health by Section 32.1–229 of the Code requirements related to the licensing of (a) Organization and Personnel. The of Virginia, the DRH has the requisite packaging for use in transporting Agreement materials program will be authority to promulgate regulations for radioactive materials. Virginia will not located within the existing Division of protection against radiation. The law attempt to enforce portions of the Radiological Health (DRH) of the VDH. provides DRH the authority to issue regulations related to activities, such as The DRH will be responsible for all licenses and orders, conduct approving packaging designs, which are regulatory activities related to the inspections, and to enforce compliance reserved to NRC. proposed Agreement. with regulations, license conditions, (e) Recordkeeping and Incident The educational requirements for the and orders. Licensees are required to Reporting. The Commonwealth has DRH staff members are specified in the provide access to inspectors. adopted compatible regulations to the Commonwealth’s personnel position The NRC staff verified that the sections of the NRC regulations which descriptions, and meet the NRC criteria Commonwealth adopted the relevant specify requirements for licensees to with respect to formal education or NRC regulations in 10 CFR parts 19, 20, keep records, and to report incidents or combined education and experience 30, 31, 32, 33, 34, 35, 36, 39, 40, 61, 70, accidents involving materials. requirements. All current staff members 71, and 150 into Virginia Administrative (f) Evaluation of License Applications. hold at least bachelor’s degrees in Code Title 12, Section 5–481. The NRC The Commonwealth has adopted physical or life sciences, or have a staff also approved two license compatible regulations to the NRC combination of education and conditions to implement Increased regulations that specify the experience at least equivalent to a Controls and Fingerprinting and requirements a person must meet to get bachelor’s degree. All have had Criminal History Records Check a license to possess or use radioactive additional training and work experience requirements for risk-significant materials. The Commonwealth has also in radiation protection. Supervisory radioactive materials for certain developed a licensing procedures level staff has at least seven years Commonwealth licensees under the manual, along with the accompanying working experience in radiation proposed Agreement. These license regulatory guides, which are adapted protection. conditions will replace the Orders that from similar NRC documents and The DRH performed and the NRC staff NRC issued (EA–05–090 and EA–07– contain guidance for the program staff reviewed an analysis of the expected 305) to these licensees that will transfer when evaluating license applications. workload under the proposed to the Commonwealth. As a result of the (g) Inspections and Enforcement. The Agreement. Based on the NRC staff restructuring of Virginia Regulations, Commonwealth has adopted a schedule review of the DRH’s staff analysis, the the Commonwealth deleted financial providing for the inspection of licensees DRH has an adequate number of staff to assurance requirements equivalent to 10 as frequently as, or more frequently regulate radioactive materials under the CFR 40.36. The Commonwealth is than, the inspection schedule used by terms of the Agreement. The DRH will proceeding with the necessary revisions the NRC. The program has adopted employ a staff with at least the to their regulations to ensure procedures for the conduct of equivalent of 6.0 full-time professional/ compatibility, and these revisions will inspections, reporting of inspection technical and administrative employees be effective by January 1, 2009. findings, and reporting inspection for the Agreement materials program. Therefore, on the proposed effective results to the licensees. The The Commonwealth has indicated date of the Agreement, the Commonwealth has also adopted that the DRH has an adequate number Commonwealth will have adopted an procedures for the enforcement of of trained and qualified staff in place. adequate and compatible set of radiation regulatory requirements. The Commonwealth has developed protection regulations that apply to (h) Regulatory Administration. The qualification procedures for license byproduct, source, and special nuclear Commonwealth is bound by reviewers and inspectors which are materials in quantities not sufficient to requirements specified in similar to the NRC’s procedures. The form a critical mass. The NRC staff also Commonwealth law for rulemaking, technical staff are working with NRC verified that the Commonwealth will issuing licenses, and taking enforcement license reviewers in the NRC Region I not attempt to enforce regulatory actions. The program has also adopted Office and accompanying NRC staff on matters reserved to the Commission. administrative procedures to assure fair inspections of NRC licensees in (c) Storage and Disposal. The and impartial treatment of license Virginia. DRH staff is also actively Commonwealth has adopted NRC applicants. Commonwealth law supplementing their experience through compatible requirements for the prescribes standards of ethical conduct direct meetings, discussions, and handling and storage of radioactive for Commonwealth employees. facility walk-downs with NRC licensees material. The Commonwealth will not (i) Cooperation with Other Agencies. in the Commonwealth, and through self- seek authority to regulate the land Commonwealth law deems the holder of study, in-house training, and formal disposal of radioactive material as an NRC license on the effective date of training. waste. The Commonwealth waste the proposed Agreement to possess a Overall, the NRC staff believes that disposal requirements cover the like license issued by the the DRH technical staff identified by the preparation, classification, and Commonwealth. The law provides that Commonwealth to participate in the manifesting of radioactive waste these former NRC licenses will expire Agreement materials program has generated by Commonwealth licensees either 90 days after receipt from the

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radiation control program of a notice of other respects compatible with the nuclear materials in quantities not expiration of such license or on the date Commission’s program for the sufficient to form a critical mass; and, of expiration specified in the NRC regulation of materials, and that the Whereas, The Governor of the license, whichever is later. In the case State program is adequate to protect Commonwealth of Virginia is of NRC licenses that are terminated public health and safety with respect to authorized under the Code of Virginia under restricted conditions required by the materials covered by the proposed Section 32.1–235, to enter into this 10 CFR 20.1403 prior to the effective Agreement. Agreement with the Commission; and, date of the proposed Agreement, the The NRC staff has reviewed the Whereas, The Governor of the Commonwealth deems the termination proposed Agreement, the certification Commonwealth of Virginia certified on to be final despite any other provisions by the Commonwealth of Virginia in the June 12, 2008, that the Commonwealth of Commonwealth law or rule. For NRC application for an Agreement submitted of Virginia (the Commonwealth) has a licenses that, on the effective date of the by Governor Kaine on June 12, 2008, program for the control of radiation proposed Agreement, contain a license and the supporting information hazards adequate to protect public condition indicating intent to terminate provided by the staff of the DRH of the health and safety with respect to the the license upon completion of a Virginia Department of Health, and materials within the Commonwealth Commission approved concludes that the Commonwealth of covered by this Agreement, and that the decommissioning plan, the transferred Virginia satisfies the criteria in the Commonwealth desires to assume license will be terminated by the Commission’s policy statement ‘‘Criteria regulatory responsibility for such Commonwealth under the plan so long for Guidance of States and NRC in materials; and, as the licensee conforms to the Discontinuance of NRC Regulatory Whereas, The Commission found on approved plan. Authority and Assumption Thereof by [date] that the program of the The Commonwealth also provides for States Through Agreement,’’ and Commonwealth for the regulation of the ‘‘timely renewal.’’ This provision therefore, meets the requirements of materials covered by this Agreement is affords the continuance of licenses for Section 274 of the Act. The proposed compatible with the Commission’s which an application for renewal has Commonwealth of Virginia program to program for the regulation of such been filed more than 30 days prior to regulate Agreement materials, as materials and is adequate to protect the date of expiration of the license. comprised of statutes, regulations, and public health and safety; and, NRC licenses transferred while in timely procedures, is compatible with the Whereas, The Commonwealth and the renewal are included under the program of the Commission and is Commission recognize the desirability continuation provision. The Code of adequate to protect public health and and importance of cooperation between Virginia provides exemptions from the safety with respect to the materials the Commission and the Commonwealth’s requirements for covered by the proposed Agreement. Commonwealth in the formulation of licensing of sources of radiation for NRC standards for protection against hazards and U.S. Department of Energy Dated at Rockville, Maryland, this 25th day of radiation and in assuring that contractors or subcontractors. The of November, 2008. For the Nuclear Regulatory Commission. Commonwealth and Commission proposed Agreement commits the programs for protection against hazards Terrence Reis, Commonwealth to use its best efforts to of radiation will be coordinated and cooperate with the NRC and the other Acting Director, Division of Materials Safety compatible; and, Agreement States in the formulation of and State Agreements, Office of Federal and State Materials and Environmental Whereas, The Commission and the standards and regulatory programs for Management Programs. Commonwealth recognize the the protection against hazards of desirability of the reciprocal recognition radiation, and to assure that the Appendix A of licenses, and of the granting of Commonwealth’s program will continue AN AGREEMENT BETWEEN THE limited exemptions from licensing of to be compatible with the Commission’s UNITED STATES NUCLEAR those materials subject to this program for the regulation of Agreement REGULATORY COMMISSION AND Agreement; and, materials. The proposed Agreement THE COMMONWEALTH OF VIRGINIA Whereas, This Agreement is entered stipulates the desirability of reciprocal FOR THE DISCONTINUANCE OF into pursuant to the provisions of the recognition of licenses, and commits the CERTAIN COMMISSION Act; Commission and the Commonwealth to REGULATORY AUTHORITY AND Now, Therefore, It is hereby agreed use their best efforts to accord such RESPONSIBILITY WITHIN THE between the Commission and the reciprocity. COMMONWEALTH PURSUANT TO Governor of the Commonwealth acting on behalf of the Commonwealth as III. Staff Conclusion SECTION 274 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED follows: Section 274d of the Act provides that the Commission shall enter into an Whereas, The United States Nuclear ARTICLE I agreement under Section 274b with any Regulatory Commission (the Subject to the exceptions provided in State if: Commission) is authorized under Articles II, IV, and V, the Commission (a) The Governor of the State certifies Section 274 of the Atomic Energy Act of shall discontinue, as of the effective that the State has a program for the 1954, as amended, 42 U.S.C. 2011 et date of this Agreement, the regulatory control of radiation hazards adequate to seq. (the Act), to enter into agreements authority of the Commission in the protect public health and safety with with the Governor of any State/ Commonwealth under Chapters 6, 7, respect to the agreement materials Commonwealth providing for and 8, and Section 161 of the Act with within the State, and that the State discontinuance of the regulatory respect to the following materials: desires to assume regulatory authority of the Commission within the 1. Byproduct materials as defined in responsibility for the agreement Commonwealth under Chapters 6, 7, Section 11e.(1) of the Act; materials; and and 8, and Section 161 of the Act with 2. Byproduct materials as defined in (b) The Commission finds that the respect to byproduct materials as Section 11e.(3) of the Act; State program is in accordance with the defined in Sections 11e.(1), (3), and (4) 3. Byproduct materials as defined in requirements of section 274o, and in all of the Act, source materials, and special Section 11e.(4) of the Act;

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4. Source materials; and material shall not transfer possession or opportunity for hearing to the 5. Special nuclear materials in control of such product except pursuant Commonwealth, or upon request of the quantities not sufficient to form a to a license or an exemption from Governor of the Commonwealth, may critical mass. licensing issued by the Commission. terminate or suspend all or part of this agreement and reassert the licensing and ARTICLE II ARTICLE V regulatory authority vested in it under This Agreement does not provide for This Agreement shall not affect the the Act if the Commission finds that (1) discontinuance of any authority and the authority of the Commission under such termination or suspension is Commission shall retain authority and Subsection 161b or 161i of the Act to required to protect public health and responsibility with respect to: issue rules, regulations, or orders to safety, or (2) the Commonwealth has not 1. The regulation of the construction protect the common defense and complied with one or more of the and operation of any production or security, to protect restricted data, or to requirements of Section 274 of the Act. utilization facility or any uranium guard against the loss or diversion of The Commission may also, pursuant enrichment facility; special nuclear material. to Section 274j of the Act, temporarily 2. The regulation of the export from suspend all or part of this agreement if, ARTICLE VI or import into the United States of in the judgment of the Commission, an byproduct, source, or special nuclear The Commission will cooperate with emergency situation exists requiring material, or of any production or the Commonwealth and other immediate action to protect public utilization facility; Agreement States in the formulation of health and safety and the 3. The regulation of the disposal into standards and regulatory programs of Commonwealth has failed to take the ocean or sea of byproduct, source, or the Commonwealth and the necessary steps. The Commission shall special nuclear materials waste as Commission for protection against periodically review actions taken by the defined in the regulations or orders of hazards of radiation and to assure that Commonwealth under this Agreement the Commission; Commission and Commonwealth to ensure compliance with Section 274 4. The regulation of the disposal of programs for protection against hazards of the Act which requires a such other byproduct, source, or special of radiation will be coordinated and Commonwealth program to be adequate nuclear materials waste as the compatible. to protect public health and safety with Commission from time to time The Commonwealth agrees to respect to the materials covered by this determines by regulation or order cooperate with the Commission and Agreement and to be compatible with should, because of the hazards or other Agreement States in the the Commission’s program. potential hazards thereof, not be formulation of standards and regulatory disposed without a license from the programs of the Commonwealth and the ARTICLE IX Commission; Commission for protection against This Agreement shall become 5. The evaluation of radiation safety hazards of radiation and to assure that effective on [date], and shall remain in information on sealed sources or the Commonwealth’s program will effect unless and until such time as it is devices containing byproduct, source, or continue to be compatible with the terminated pursuant to Article VIII. special nuclear materials and the program of the Commission for the Done at [Richmond, Virginia] this registration of the sealed sources or regulation of materials covered by this [date] day of [month], [year]. devices for distribution, as provided for Agreement. FOR THE UNITED STATES NUCLEAR in regulations or orders of the The Commonwealth and the REGULATORY COMMISSION Commission; Commission agree to keep each other Dale E. Klein, 6. The regulation of byproduct informed of proposed changes in their Chairman, material as defined in Section 11e.(2) of respective rules and regulations, and to the Act; provide each other the opportunity for FOR THE COMMONWEALTH OF VIRGINIA. 7. The regulation of the land disposal early and substantive contribution to the Timothy M. Kaine, of byproduct, source, or special nuclear proposed changes. Governor. material waste received from other The Commonwealth and the [FR Doc. E8–28663 Filed 12–3–08; 8:45 am] persons. Commission agree to keep each other BILLING CODE 7590–01–P ARTICLE III informed of events, accidents, and licensee performance that may have With the exception of those activities generic implication or otherwise be of NUCLEAR REGULATORY identified in Article II.1 through 4, this regulatory interest. COMMISSION Agreement may be amended, upon [EA–08–288] application by the Commonwealth and ARTICLE VII approval by the Commission, to include The Commission and the In the Matter of Certain Licensees one or more of the additional activities Commonwealth agree that it is desirable Authorized To Possess and Transfer specified in Article II, whereby the to provide reciprocal recognition of Items Containing Radioactive Material Commonwealth may then exert licenses for the materials listed in Quantities of Concern; Order Imposing regulatory authority and responsibility Article I licensed by the other party or Additional Security Measures with respect to those activities. by any other Agreement State. (Effective Immediately) Accordingly, the Commission and the ARTICLE IV Commonwealth agree to develop I. Notwithstanding this Agreement, the appropriate rules, regulations, and The Licensees identified in Commission may from time to time by procedures by which such reciprocity Attachment A 1 to this Order, hold rule, regulation, or order, require that will be accorded. licenses issued by the U.S. Nuclear the manufacturer, processor, or Regulatory Commission (NRC or producer of any equipment, device, ARTICLE VIII commodity, or other product containing The Commission, upon its own 1 Attachment A contains sensitive information source, byproduct, or special nuclear initiative after reasonable notice and and will not be released by the public.

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Commission) or an Agreement State, in the Commission with reasonable fingerprinted again for purposes of accordance with the Atomic Energy Act assurance that the common defense and being considered for unescorted access. of 1954, as amended, and 10 CFR parts security continue to be adequately This Order also requires that a 30, 32, 70 and 71, or equivalent protected in the current threat reviewing official must consider the Agreement State regulations. The environment. Attachment C of this results of the Federal Bureau of licenses authorize them to possess and Order contains the requirements for Investigations criminal history records transfer items containing radioactive fingerprinting and criminal history check in conjunction with other material quantities of concern. This record checks for individuals when applicable requirements to determine Order is being issued to all such licensee’s reviewing official is whether an individual may be granted Licensees identified in Attachment A to determining access to Safeguards or allowed continued unescorted access. this Order who may transport Information or unescorted access to the The reviewing official may be one that radioactive material quantities of radioactive materials. These has previously been approved by NRC concern under the NRC’s authority to requirements will remain in effect until in accordance with the ‘‘Order Imposing protect the common defense and the Commission determines otherwise. Fingerprinting and Criminal History security, which has not been It is also recognized that some Records Check Requirements for Access relinquished to the Agreement States. measures may not be possible or to Safeguards Information’’ (EA–06–155 The Orders require compliance with necessary for all shipments of or EA–08–162). Licensees may nominate specific additional security measures to radioactive material quantities of additional reviewing officials for enhance the security for transport of concern, or may need to be tailored to making unescorted access certain radioactive material quantities of accommodate the Licensees’ specific determinations in accordance with NRC concern. circumstances to achieve the intended Orders EA–06–155 or EA–08–162. The objectives and avoid any unforeseen nominated reviewing officials must II. effect on the safe transport of have access to Safeguards Information On September 11, 2001, terrorists radioactive material quantities of or require unescorted access to the simultaneously attacked targets in New concern. radioactive material as part of their job York, NY, and Washington, DC, In light of the continuing threat duties. utilizing large commercial aircraft as environment, the Commission To provide assurance that Licensees weapons. In response to the attacks and concludes that the security measures are implementing prudent measures to intelligence information subsequently must be embodied in an Order, achieve a consistent level of protection obtained, the Commission issued a consistent with the established to address the current threat number of Safeguards and Threat regulatory framework. The Commission environment, all Licensees identified in Advisories to Licensees in order to has determined that some of the security Attachment A to this Order shall strengthen Licensees’ capabilities and measures contained in Attachment B of implement the requirements identified readiness to respond to a potential this Order contain Safeguards in Attachments B and C to this Order. attack on this regulated activity. The Information and will not be released to In addition, pursuant to 10 CFR 2.202, Commission has also communicated the public as per NRC’s ‘‘Order I find that in light of the common with other Federal, State and local Imposing Requirements for the defense and security matters identified government agencies and industry Protection of Certain Safeguards above, which warrant the issuance of representatives to discuss and evaluate Information’’ (EA–03–199 or EA–08– this Order, the public health and safety the current threat environment in order 161), issued specifically to the Licensees require that this Order be immediately to assess the adequacy of the current identified in Attachment A to this effective. security measures. In addition, the Order. Access to Safeguards Information Commission commenced a is limited to those persons who have III. comprehensive review of its safeguards established a need-to-know the Accordingly, pursuant to Sections 53, and security programs and information, are considered to be 63, 81, 147, 149, 161b, 161i, 161o, 182 requirements. trustworthy and reliable, have been and 186 of the Atomic Energy Act of As a result of its initial consideration fingerprinted and undergone a Federal 1954, as amended, and the of current safeguards and security Bureau of Investigation (FBI) Commission’s regulations in 10 CFR requirements, as well as a review of identification and criminal history § 2.202 and 10 CFR Parts 30, 32, 70 and information provided by the intelligence records check in accordance with the 71, it is hereby ordered, EFFECTIVE community, the Commission has NRC’s ‘‘Order Imposing Fingerprinting IMMEDIATELY, that all licensees determined that certain security and Criminal History Records Check identified in attachment a to this order measures are required to be Requirements for Access to Safeguards shall comply with the following: implemented by Licensees as prudent, Information’’ (EA–06–155 or EA–08– A. All Licensees shall, interim measures to address the current 162). A need-to-know means a notwithstanding the provisions of any threat environment in a consistent determination by a person having Commission or Agreement State manner. Therefore, the Commission is responsibility for protecting Safeguards regulation or license to the contrary, imposing requirements, as set forth in Information that a proposed recipient’s comply with the requirements described Attachment B 2 of this Order, on all access to Safeguards Information is in Attachments B and C to this Order. Licensees identified in Attachment A of necessary in the performance of official, The Licensees shall immediately start this Order. These additional security contractual, or licensee duties of implementation of the requirements in measures, which supplement existing employment. Individuals who have Attachments B and C to the Order and regulatory requirements, will provide been fingerprinted and granted access to shall complete implementation by May Safeguards Information by the reviewing 23, 2009, or before the first shipment of 2 Attachment B contains some requirements that official under the NRC’s ‘‘Order radioactive material quantities of are SAFEGUARDS INFORMATION, and cannot be Imposing Fingerprinting and Criminal concern, whichever is sooner. released to the public. The remainder of the requirements contained in Attachment B that are History Records Check Requirements for B. 1. All Licensees shall, within not SAFEGUARDS INFORMATION will be released Access to Safeguards Information’’ (EA– twenty (20) days of the date of this to the public. 06–155 or EA–08–162) do not need to be Order, notify the Commission, (1) if they

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are unable to comply with any of the 2007)]. In addition, individuals who in response to this Order shall be requirements described in Attachments have a favorably decided U.S. maintained until the Commission B or C, (2) if compliance with any of the Government criminal history records determines otherwise. requirements is unnecessary in their check within the last five (5) years, or Licensee responses to Conditions B.1, specific circumstances, or (3) if have an active federal security clearance B.2, F.1, and F.2 above shall be implementation of any of the (provided in each case that the submitted to the Director, Office of requirements would cause the Licensee appropriate documentation is made Federal and State Materials and to be in violation of the provisions of available to the Licensee’s reviewing Environmental Management Programs, any Commission or Agreement State official), have satisfied the Atomic U.S. Nuclear Regulatory Commission, regulation or its license. The Energy Act of 1954, as amended, Washington, DC 20555. In addition, notification shall provide the Licensees’ fingerprinting requirement and need not Licensee submittals that contain specific justification for seeking relief from or be fingerprinted again for purposes of physical protection or security variation of any specific requirement. being considered for unescorted access. information considered to be Safeguards 2. Any Licensee that considers that 2. No person may have access to Information shall be put in a separate implementation of any of the Safeguards Information or unescorted enclosure or attachment and, marked as requirements described in Attachments access to radioactive materials if the ‘‘SAFEGUARDS INFORMATION— B or C to this Order would adversely NRC has determined, in accordance MODIFIED HANDLING’’ and mailed (no impact the safe transport of radioactive with its administrative review process electronic transmittals, i.e., no e-mail or material quantities of concern must based on fingerprinting and an FBI FAX) to the NRC. notify the Commission, within twenty identification and criminal history The Director, Office of Federal and (20) days of this Order, of the adverse records check, either that the person State Materials and Environmental safety impact, the basis for its may not have access to Safeguards Management Programs, may, in writing, determination that the requirement has Information or that the person may not relax or rescind any of the above an adverse safety impact, and either a have unescorted access to a utilization conditions upon demonstration by the proposal for achieving the same facility, or radioactive material or other Licensee of good cause. objectives specified in the Attachments property subject to regulation by the IV. B or requirement in question, or a NRC. schedule for modifying the activity to D. Fingerprints shall be submitted and In accordance with 10 CFR 2.202, the address the adverse safety condition. If reviewed in accordance with the Licensee must, and any other person neither approach is appropriate, the procedures described in Attachment C adversely affected by this Order may, Licensee must supplement its response to this Order. Individuals who have submit an answer to this Order within to Condition B.1 of this Order to been fingerprinted and granted access to twenty (20) days of the date of this identify the condition as a requirement Safeguards Information by the reviewing Order. In addition, the Licensee and any with which it cannot comply, with official under Order EA–06–155 or EA– other person adversely affected by this attendant justifications as required in 08–162, do not need to be fingerprinted Order may request a hearing of this Condition B.1. again for purposes of being considered Order within twenty (20) days of the C. 1. In accordance with the NRC’s for unescorted access. date of the Order. Where good cause is ‘‘Order Imposing Fingerprinting and E. The Licensee may allow any shown, consideration will be given to Criminal History Records Check individual who currently has extending the time to request a hearing. Requirements for Access to Safeguards unescorted access to radioactive A request for extension of time must be Information’’ (EA–06–155 or EA–08– materials, in accordance with this made, in writing, to the Director, Office 162) only the NRC-approved reviewing Order, to continue to have unescorted of Federal and State Materials and official shall review results from an FBI access without being fingerprinted, Environmental Management Programs, criminal history records check. The pending a decision by the reviewing U.S. Nuclear Regulatory Commission, licensee may use a reviewing official official (based on fingerprinting, an FBI Washington, DC 20555, and include a previously approved by the NRC as its criminal history records check and a statement of good cause for the reviewing official for determining access trustworthy and reliability extension. to Safeguards Information or the determination) that the individual may The answer may consent to this licensee may nominate another continue to have unescorted access to Order. If the answer includes a request individual specifically for making radioactive materials that equal or for a hearing, it shall, under oath or unescorted access to radioactive exceed the quantities listed in affirmation, specifically set forth the material determinations, using the Attachment B to this Order. The matters of fact and law on which the process described in EA–06–155 or EA– licensee shall complete implementation Licensee relies and the reasons as to 08–162. The reviewing official must of the requirements of Attachments B why the Order should not have been have access to Safeguards Information and C to this Order by May 23, 2009. issued. If a person other than the or require unescorted access to the F. 1. The Licensee shall, within Licensee requests a hearing, that person radioactive material as part of their job twenty (20) days of the date of this shall set forth with particularity the duties. The reviewing official shall Order, submit to the Commission a manner in which his interest is determine whether an individual may schedule for completion of each adversely affected by this Order and have, or continue to have, unescorted requirement described in Attachments B shall address the criteria set forth in 10 access to radioactive materials that and C. CFR 2.309(d). equal or exceed the quantities in 2. The Licensee shall report to the All documents filed in NRC Attachment B to this Order. Commission when they have achieved adjudicatory proceedings, including a Fingerprinting and the FBI full compliance with the requirements request for hearing, a petition for leave identification and criminal history described in Attachments B and C. to intervene, any motion or other records check are not required for G. Notwithstanding any provisions of document filed in the proceeding prior individuals exempted from the Commission’s or an Agreement to the submission of a request for fingerprinting requirements under 10 State’s regulations to the contrary, all hearing or petition to intervene, and CFR 73.61 [72 FR 4945 (February 2, measures implemented or actions taken documents filed by interested

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governmental entities participating that they wish to participate in the If a hearing is requested by the under 10 CFR 2.315(c), must be filed in proceeding, so that the filer need not Licensee or a person whose interest is accordance with the NRC E–Filing rule, serve the document on those adversely affected, the Commission will which the NRC promulgated in August participants separately. Therefore, any issue an Order designating the time and 2007, 72 FR 49139 (Aug. 28, 2007) and others who wish to participate in the place of any hearing. If a hearing is held codified in pertinent part at 10 CFR part proceeding (or their counsel or the issue to be considered at such 2, subpart B. The E–Filing process representative) must apply for and hearing shall be whether this Order requires participants to submit and receive a digital ID certificate before a should be sustained. serve all adjudicatory documents over hearing request is filed so that they may Pursuant to 10 CFR 2.202(c)(2)(i), the the Internet, or in some cases to mail obtain access to the document via the E– Licensee may, in addition to requesting copies on electronic storage media. Filing system. a hearing, at the time the answer is filed Participants may not submit paper A person filing electronically may or sooner, move the presiding officer to copies of their filings unless they seek seek assistance through the ‘‘Contact set aside the immediate effectiveness of a waiver in accordance with the Us’’ link located on the NRC Web site the Order on the ground that the Order, procedures described below. at http://www.nrc.gov/site-help/e- including the need for immediate To comply with the procedural submittals.html or by calling the NRC effectiveness, is not based on adequate requirements associated with E–Filing, technical help line, which is available evidence but on mere suspicion, at least ten (10) days prior to the filing between 8:30 a.m. and 4:15 p.m., unfounded allegations, or error. deadline the requestor must contact the Eastern Time, Monday through Friday. In the absence of any request for Office of the Secretary by e-mail at The help line number is (800) 397–4209 hearing, or written approval of an [email protected], or by or locally, (301) 415–4737. extension of time in which to request a calling (301) 415–1677, to request (1) a Participants who believe that they hearing, the provisions specified in digital ID certificate, which allows the have good cause for not submitting Section III above shall be final twenty participant (or its counsel or documents electronically must file a (20) days from the date of this Order representative) to digitally sign motion, in accordance with 10 CFR without further order or proceedings. If documents and access the E-Submittal 2.302(g), with their initial paper filing an extension of time for requesting a server for any NRC proceeding in which requesting authorization to continue to hearing has been approved, the it is participating; and/or (2) creation of submit documents in paper format. provisions specified in Section III shall an electronic docket for the proceeding Such filings must be submitted by (1) be final when the extension expires if a (even in instances when the requestor first class mail addressed to the Office hearing request has not been received. (or its counsel or representative) already of the Secretary of the Commission, U.S. An answer or a request for hearing shall holds an NRC-issued digital ID Nuclear Regulatory Commission, not stay the immediate effectiveness of certificate). Each requestor will need to Washington, DC 20555–0001, Attention: this order. download the Workplace Forms Rulemaking and Adjudications Staff; or ViewerTM to access the Electronic Dated this 24th day of November 2008. Information Exchange (EIE), a (2) courier, express mail, or expedited For The Nuclear Regulatory Commission. delivery service to the Office of the component of the E-Filing system. The Charles L. Miller, Workplace Forms ViewerTM is free and Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Director, Office of Federal and State Materials is available at http://www.nrc.gov/site- and Environmental Management Programs. help/e-submittals/install-viewer.html. Rockville, Maryland 20852 Attention: Information about applying for a digital Rulemaking and Adjudications Staff. Attachment A: List of Licensees— ID certificate also is available on NRC’s Participants filing a document in this Redacted; Attachment B: Additional public Web site at http://www.nrc.gov/ manner are responsible for serving the Security Measures for Transportation site-help/e-submittals/apply- document on all other participants. of Radioactive Material Quantities of certificates.html. Filing is considered complete by first- Concern—Revision 2 class mail as of the time of deposit in Once a requestor has obtained a A. General Basis Criteria digital ID certificate, had a docket the mail, or by courier, express mail, or created, and downloaded the EIE expedited delivery service upon These Additional Security Measures viewer, it can then submit a request for depositing the document with the (ASMs) are established to delineate a hearing through EIE. Submissions provider of the service. licensee responsibility in response to should be in Portable Document Format Documents submitted in adjudicatory the current threat environment. The (PDF) in accordance with NRC guidance proceedings will appear in NRC’s following security measures apply to available on the NRC public Web site at electronic hearing docket which is Nuclear Regulatory Commission (NRC) http://www.nrc.gov/site-help/e- available to the public at http:// and Agreement States licensees, who submittals.html. A filing is considered ehd.nrc.gov/EHD_Proceeding/home.asp, ship Radioactive Material Quantities of complete at the time the filer submits its unless excluded pursuant to an order of Concern (RAMQC) as defined in Section document through EIE. To be timely, the Commission, an Atomic Safety and A.1. Shipments of RAMQC that do not electronic filings must be submitted to Licensing Board, or a Presiding Officer. fall within the NRC’s jurisdiction under the EIE system no later than 11:59 p.m. Participants are requested not to include the Atomic Energy Act of 1954, as Eastern Time on the due date. Upon personal privacy information, such as amended, are not subject to the receipt of a transmission, the E-Filing social security numbers, home provisions of these ASMs. system time-stamps the document and addresses, or home phone numbers in 1. Licensees who are subject to this sends the submitter an e-mail notice their filings. With respect to copyrighted Order shall ensure that the requirements confirming receipt of the document. The works, except for limited excerpts that listed in Section B below are in effect EIE system also distributes an e-mail serve the purpose of the adjudicatory when they ship radioactive materials notice that provides access to the filings and would constitute a Fair Use that meet the following criterion: document to the NRC Office of the application. Participants are requested a. Radionuclides listed in Table A, General Counsel and any others who not to include copyrighted materials in greater than or equal to the quantities have advised the Office of the Secretary their works. specified,

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b. For mixtures of radionuclides listed the transfer of the RAMQC shipment c. Verify the material is shipped to an in Table A, the sum of the fractions of and any escorts at State borders. address authorized in the license and those radionuclides if greater than or 7. Unless specifically noted that the address is valid, equal to 1, or otherwise, the requirements of these d. Verify the address for a delivery to c. For shipments of spent nuclear fuel ASMs do not apply to local law a temporary job site is valid, containing greater than or equal to 1000 enforcement agencies (LLEA) personnel e. Document the verification and Terabecquerels (TBq) (27,000 Curies) performing escort duties. validation process, and but less than or equal to 100 grams of 8. The requirements of these ASMs f. Coordinate departure and arrival spent nuclear fuel. apply to RAMQC domestic shipments times with the recipient. For shipments containing greater than within the United States (U.S.), imports 2. Background Investigations 100 grams of spent nuclear fuel, into the U.S., or exports from the U.S. licensees shall follow the ASMs for The requirements of these ASMs do not a. Background investigations are ‘‘Transportation of Spent Nuclear Fuel apply to transshipments through the intended to provide high assurance that Greater than 100 Grams,’’ dated October U.S. Licensees are responsible for individuals performing assigned duties 3, 2002. complying with the requirements of associated with the transport of RAMQC These ASMs supercede Safeguards Section B for the highway and rail are trustworthy and reliable, and do not Advisories SA–01–01, Rev. 1, and SA– shipment portion of an import or export constitute an unreasonable risk to the 03–02. For radioactive materials which occurs inside of the U.S. common defense and security, shipments containing radionuclides not For import and export RAMQC including the potential to commit addressed by this ASM guidance will be shipments, while located at the port or radiological sabotage. provided by Safeguards Advisory. shipments on U.S. navigable waterways, b. For highway shipments only, the 2. The requirements of these ASMs the U.S. Coast Guard Maritime licensee shall ensure background apply to a conveyance (i.e., the Transportation security regulations will investigations for all drivers, requirements apply irrespective of be in effect and these ASMs are not accompanying individuals, whether the RAMQC is shipped in a applicable. For RAMQC shipments communications center managers, and single package or in multiple packages while located at the air freight terminal, other appropriate communications in a single conveyance). security requirements will be performed center personnel have been performed. 3. Licensees are not responsible for in accordance with the Transportation The NRC only has the authority to complying with the requirements of Security Administration security impose a Federal Bureau of these ASMs if a carrier aggregates, regulations. Investigation (FBI) criminal history during transport or storage incident to For import and export RAMQC check, which includes fingerprinting, transport, radioactive material from two shipments, the licensee shall ensure that on those individuals who seek access to or more conveyances from separate the requirements of these ASMs are Safeguards Information (SGI) or licensees which individually do not implemented after the transportation unescorted access to licensed material. exceed the limits of Paragraph A.1. but package has been loaded onto the c. For rail shipments, the licensee which together meet or exceed any of highway or rail vehicle (except for the shall ensure background investigations the criteria in Paragraph A.1. advance notification requirements in for employees filling the positions of 4. The requirements of these ASMs section B.4) and the package begins the communications center managers and only apply to RAMQC shipments using domestic portion of the shipment to or other appropriate communications highway or rail modes of transportation. from the U.S. port of entry [i.e., the center personnel have been performed. For multi-mode shipments, the package(s) departs for or from the port The NRC only has the authority to requirements of these ASMs apply only of entry facility or the airfreight impose a Federal Bureau of to the portion of shipments that are terminal]. Investigation (FBI) criminal history made using highway or rail modes of check, which includes fingerprinting, B. Specific Requirements transportation, as appropriate. on those individuals who seek access to 5. For domestic highway and rail Licensees who ship RAMQC in SGI or unescorted access to licensed shipments of materials in quantities quantities that meet the criteria of material. greater than or equal to the quantities in Paragraph A.1. shall ensure that carriers d. Licensees shall document the basis Paragraph A.1, per conveyance, the used have developed and implemented for concluding that there is high licensee shall ensure that: transportation security plans that assurance that individuals granted a. Only carriers are used which: embody the additional security access to safeguards information or (1) Use established package tracking measures imposed by this Order. unescorted access to licensed material systems, are trustworthy and reliable, and do not (2) Implement methods to assure 1. Licensee Verification constitute an unreasonable risk for trustworthiness and reliability of Before transfer of radioactive malevolent use of the regulated personnel associated with the materials in quantities which meet the material. ‘‘Access’’ means that an transportation of RAMQC, criterion of Paragraph A.1, per individual could exercise some physical (3) Maintain constant control and/or conveyance, the licensee shall: control over the material or device surveillance during transit, and a. For new recipient(s), verify that the containing radioactive material. (4) Have the capability for immediate intended recipient’s license authorizes (1) The trustworthiness, reliability, communication to summon appropriate receipt of the regulated material by and verification of an individual’s true response or assistance. direct contact with the regulatory identity shall be determined based on a b. The licensee shall verify and authority that issued the license (NRC background investigation. The document that the carrier employs the Region or Agreement State) prior to background investigation shall address measures listed above. transferring the material, at least the past three (3) years, and as 6. The preplanning, coordination, and b. Verify the validity of unusual a minimum, include fingerprinting and tracking requirements of these ASMs are orders or changes (if applicable) that an FBI criminal history check, intended to reduce unnecessary delays depart from historical patterns of verification of employment history, and shipment duration and to facilitate ordering by existing recipients, education, employment eligibility, and

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personal references. If an individual’s 4. Notifications c. The licensee shall ensure the employment has been less than the a. The licensee shall ensure an information required by Paragraph required three (3) years period, advance notification of a shipment is B.4.b. is provided to each State through educational references may be used in provided, or of a series of shipments, of which the shipment will pass. The lieu of employment history. RAMQC to the NRC. The licensee shall licensee shall ensure that the (2) Fingerprints shall be submitted ensure the notification is submitted notification is received at least seven (7) and reviewed in accordance with the sufficiently in advance to ensure it is days, where practicable, before the U.S. procedures described in Attachment C received by NRC at least seven (7) days, highway or railroad portion of a to this Order. where practicable, before the shipment shipment commences. (3) A reviewing official that the commences physically within the U.S. d. [This paragraph contains licensee nominated and has been For written notifications, the notice SAFEGUARDS INFORMATION and approved by the NRC, in accordance should be addressed to (10 CFR 2.390): will not be publicly disclosed.] with NRC ‘‘Order Imposing U.S. Nuclear Regulatory Commission, 5. Communications Fingerprinting and Criminal History ATTN: Director, Division of Nuclear a. (1) For highway shipments, monitor Records Check Requirements for Access Security, M/S: T–4–D–8, Office of each RAMQC shipment with a to Safeguards Information,’’ is the only Nuclear Security and Incident telemetric position monitoring system individual that may make Response, 11555 Rockville Pike, that communicates with a trustworthiness and reliability Rockville, MD 20852–2738. determinations. Notifications may also be submitted communication center or is equipped e. Licensees background investigation electronically via e-mail to with an alternative tracking system that requirements may also be satisfied for [email protected] or via communicates position information to a communications center. an individual that has: fax to (301) 816–5151. (10 CFR 2.390) (2) For rail shipments, monitor each (1) Current access authorization b. The advance notification shall contain the following information: RAMQC shipment with either: (i) A permitting unescorted access to a power telemetric position monitoring system reactor facility or access to Safeguards (1) [This paragraph contains SAFEGUARDS INFORMATION and that communicates with a licensee or Information, third-party communication center, (ii) a (2) Current U.S. government-issued will not be publicly disclosed.] (2) [This paragraph contains railroad track-side car location security clearance (based upon a monitoring systems tracking system that national agency check, at a minimum), SAFEGUARDS INFORMATION and will not be publicly disclosed.] relays a car’s position to a railroad or communications center (which can (3) Satisfactorily completed a (3) [This paragraph contains SAFEGUARDS INFORMATION and provide position information to any background investigation under an separate licensee communications NRC-approved access authorization will not be publicly disclosed.] (4) [This paragraph contains center per Paragraph B.5.b), or (iii) program. SAFEGUARDS INFORMATION and alternate licensee monitoring system. f. Individuals shall not perform will not be publicly disclosed.] Additionally, licensees may use a assigned duties associated with the (5) [This paragraph contains railroad communications center to transport of RAMQC until the licensee SAFEGUARDS INFORMATION and monitor the rail portion of a shipment, has confirmed that a determination of will not be publicly disclosed.] in lieu of using a separate trustworthiness and reliability, based on (6) [This paragraph contains communications center. the appropriate background SAFEGUARDS INFORMATION and b. (1) For highway shipments, provide investigation requirements in B.2.d. and will not be publicly disclosed.] for a communication center that has the B.2.e., has been performed and (7) [This paragraph contains capability to continuously and actively documented. SAFEGUARDS INFORMATION and monitor in-progress shipments to ensure 3. Preplanning and Coordination will not be publicly disclosed.] positive confirmation of the location, Refer to Paragraph B.7.c. for status, and control over the shipment a. As part of the shipment planning determination of information and implement pre-planned procedures process, the licensee shall ensure that designation of advance notifications in response to deviations from the appropriate security information is during preplanning, coordinating, and authorized route or notification of provided to and is coordinated with reporting information activities. actual, attempted, or suspicious affected States through which the activities related to theft, loss, diversion, shipment will pass to ensure minimal for the local law enforcement authorities (LLEA). or radiological sabotage of a shipment. delays. These discussions shall include The following criteria are used by the NRC to These procedures shall include whether a State intends to provide determine the safe haven sites and licensees should use these criteria in identifying safe havens for identification of the designated LLEA escorts for a shipment. shipments subject to this Order: contact(s) along the shipment route. b. The licensee shall ensure States are —Close proximity to the route, i.e., readily (2) For rail shipments, provide for a provided with position information on a available to the transport vehicle. communication center that has the —Security from local, State, or Federal assets is shipment (see Paragraph B.5.a), if capability to periodically monitor in- requested and practical. present or is accessible for timely response. —Site is well lit, has adequate parking, and can progress shipments to ensure positive c. For shipments by highway, the be used for emergency repair or wait for LLEA confirmation of the location of the licensee’s coordination required in response on a 24-hours-a-day basis. shipment and implement pre-planned Paragraph B.3.a. shall include —Have additional telephone facilities should the procedures in response to notification of identification of Highway Route communications system of the transport vehicle not function properly. actual, attempted, or suspicious Controlled Quantity (HRCQ) shipments —Possible safe haven sites include: activities related to theft, loss, diversion, 1 of material and safe havens. or radiological sabotage of a shipment. Military installations and other Federal sites These procedures shall include 1 In general, a safe haven is a readily recognizable having significant security assets; secure company identification of the designated LLEA and readily accessible site at which security is terminals; State weigh stations; truck stops with present or from which, in the event of an secure areas; and LLEA sites, including State police contact(s) along the shipment route. emergency, the transport crew can notify and wait barracks. Licensees may use a railroad

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communications center in lieu of the NRC Operations Center and, for trained in and understand the normal establishing a separate communications Agreement State licensees, the and contingency procedures. center. appropriate Agreement State regulatory (2) For rail shipments, the licensee c. (1) For highway shipments, ensure agency are immediately notified. shall ensure that personnel, including that a two-way telecommunication g. [This paragraph contains the appropriate train crew members and capability is available for the transport SAFEGUARDS INFORMATION and responsible railroad communication and any escort vehicles allowing them will not be publicly disclosed.] center managers, and other appropriate to communicate with each other with 6. Drivers and Accompanying railroad communication center the communications center, and with Individuals personnel are trained in and understand designated LLEAs along the route. The the normal and contingency procedures. communications center must be capable a. [This paragraph contains c. Information to be protected as of contacting the designated authorities SAFEGUARDS INFORMATION and Safeguards Information—Modified along the shipment route. will not be publicly disclosed.] Handling, shall include, but is not (2) For rail shipments, ensure that a b. [This paragraph contains limited to: two-way telecommunication capability SAFEGUARDS INFORMATION and (1) Integrated transportation physical is available between the train and the will not be publicly disclosed.] security plans. communications center and between c. [This paragraph contains SAFEGUARDS INFORMATION and (2) Schedules and itineraries for any escort vehicles and the shipments. For shipments that are not communications center. The will not be publicly disclosed.] d. [This paragraph contains inherently self disclosing, schedule and communications center must be capable itineraries information may be of contacting the designated authorities SAFEGUARDS INFORMATION and will not be publicly disclosed.] decontrolled 2 days after a shipment is along the shipment route. completed. For shipments that are d. A licensee may utilize a carrier or 7. Procedures, Training, and Control of inherently self disclosing, schedule may third-party communications center in Information be released as necessary after departure. lieu of establishing such a facility itself. A commercial communications center a. (1) For highway shipments the (3) Details of alarm and must have the capabilities, necessary licensee shall ensure that normal and communications systems, procedures, training, and personnel contingency procedures have been communication protocols and duress background investigations to meet the developed, including, for example: codes, and security contingency applicable requirements of these ASMs. notifications, communications response procedures. e. (1) For highway shipments, provide protocols, loss of communications, and (4) Arrangements with designated a backup means for the transport and response to actual, attempted, or LLEA (i.e., Federal, State Police, and/or any escort vehicle to communicate with suspicious activities related to theft, local police departments) and the communications center, using a loss, diversion, or radiological sabotage information on whether a State intends diverse method not subject to the same of a shipment. Communication to provide armed escorts for a shipment. interference factors as the primary protocols must include a strategy for use For preplanning; coordinating, for capability selected for compliance with of authentication and duress codes, example with States’ organizations and Paragraph B.5.c. (e.g., two-way radio or provision for refueling or other stops, carriers; reporting information as portable telephone). detours, and locations where described in B.1., B.4., and B.5. related (2) For rail shipments, provide a communication is expected to be to shipments of radioactive material, backup means for the train to talk with temporarily lost. and the radionuclides identified in the communications center, using a (2) For rail shipments, the licensee Paragraph A.1, the licensee shall ensure diverse method not subject to the same shall ensure that normal and the information is protected at least as interference factors as the primary contingency procedures have been sensitive information (for example, capability selected for compliance with developed, including, for example: proprietary or business financial Paragraph B.5.c. (e.g., two-way radio or notifications, communications information). Licensees shall ensure portable telephone). protocols, loss of communications, and access is restricted to this information to f. [This paragraph contains response to actual, attempted, or those licensee and contractor personnel SAFEGUARDS INFORMATION and suspicious activities related to theft, with a need to know. Licensees shall will not be publicly disclosed.] loss, diversion, or radiological sabotage ensure all parties receiving this (1) Not later than one hour after the of a shipment. Communication information protect it similarly. time when, through the course of the protocols must include a strategy for use Information may be transmitted either investigation, it is determined the of authentication and duress codes, in writing or electronically and shall be shipment is lost or stolen, the licensee provision for stops, and locations where marked as ‘‘Sensitive Information—Not shall ensure the appropriate local law communication is expected to be for Public Disclosure.’’ enforcement agency, the NRC temporarily lost. C. Implementation Schedule Operations Center at (301) 816–5100, b. (1) For highway shipments, the and the appropriate Agreement State licensee shall ensure that personnel, 1. Licensees shall implement the regulatory agency, if any, are notified. including drivers, accompanying requirements of this ASM within 180 (2) If after 24 hours of initiating the individuals, responsible communication days of the date of issuance of the Order investigation, the radioactive material center managers, and other appropriate or before the first shipment of RAMQC, cannot be located, licensee shall ensure communication center personnel are whichever is sooner.

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TABLE A—RADIONUCLIDES OF CONCERN

Quantity of concern (Ci) Quantity of information Radionuclide concern (TBq) only—rounded threshold limit after conversion

Am-241 ...... 60 1,600 Am-241/Be ...... 60 1,600 Cf-252 ...... 20 540 Cm-244 ...... 50 1,400 Co-60 ...... 30 810 Cs-137 ...... 100 2,700 Gd-153 ...... 1,000 27,000 Ir-192 ...... 80 2,200 Pm-147 ...... 40,000 1,100,000 Pu-238 ...... 60 1,600 Pu-239/Be ...... 60 1,600 Ra-226 1 ...... 40 1,100 Se-75 ...... 200 5,400 Sr-90 (Y-90) ...... 1,000 27,000 Tm-170 ...... 20,000 540,000 Yb-169 ...... 300 8,100 1 The Atomic Energy Act, as amended by the Energy Policy Act of 2005, authorizes NRC to regulate Ra-226 and NRC is in the process of amending its regulations for discrete sources of Ra-226.

Notes: unescorted access to RAMQC. The 5. The Licensee shall review the 1. The regulatory standard values to be Licensee shall review and use the information received from the FBI and used are given in Terabecquerels (TBq). Curie information received from the Federal consider it, in conjunction with the (Ci) values are provided for practical Bureau of Investigation (FBI) and ensure usefulness only and are rounded after trustworthy and reliability requirements conversion. that the provisions contained in this of this Order, in making a determination 2. If several radionuclides are present, the Order and this attachment are satisfied. whether to grant, or continue to allow, sum of the fractions of the activity of each 2. The Licensee shall notify each access to SGI or unescorted access to radionuclide must be determined. Using the affected individual that the fingerprints radioactive materials. equation below calculate the ratio by will be used to secure a review of his/ 6. The Licensee shall use any inserting the actual activity of each her criminal history record and inform information obtained as part of a radionuclide as the numerator and the the individual of the procedures for corresponding activity limit in Table A as the revising the record or including an criminal history records check solely for denominator. Ensure the numerator and the explanation in the record, as specified the purpose of determining an denominator are in Terabecquerels. in the ‘‘Right To Correct and Complete individual’s suitability for access to SGI R1 = activity for radionuclide number 1 Information’’ section of this attachment. or unescorted access to RAMQC. R = activity for radionuclide number 2 2 3. Fingerprints for access to SGI or 7. The Licensee shall document the R3, R4, R5 * * * etc. AR1 = activity limit for radionuclide unescorted access need not be taken if basis for its determination whether to number 1 an employed individual (e.g., a Licensee grant, or continue to allow, access to AR2 = activity limit for radionuclide employee, contractor, manufacturer, or SGI or unescorted access to RAMQC. number 2 supplier) is relieved from the Prohibitions AR3, AR4, AR5 * * * etc. fingerprinting requirement by 10 CFR 73.59 for access to SGI or 10 CFR 73.61 A Licensee shall not base a final R R R R 1 +++2 3 n
1 for unescorted access, has a favorably determination to deny an individual decided U.S. Government criminal AR1 AR 2 AR 3 AR n access to radioactive materials solely on history check within the last five (5) the basis of information received from Attachment C: Requirements for years, or has an active federal security the FBI involving: An arrest more than Fingerprinting and Criminal History clearance. Written confirmation from one (1) year old for which there is no Checks of Individuals When Licensee’s the Agency/employer which granted the information of the disposition of the Reviewing Official Is Determining federal security clearance or reviewed case, or an arrest that resulted in the criminal history check must be Access to Safeguards Information or dismissal of the charge or an acquittal. provided for either of the latter two Unescorted Access to Radioactive A Licensee shall not use information Materials cases. The Licensee must retain this documentation for a period of three (3) received from a criminal history check General Requirements years from the date the individual no obtained pursuant to this Order in a Licensees shall comply with the longer requires access to SGI or manner that would infringe upon the following requirements of this unescorted access to radioactive rights of any individual under the First attachment. materials associated with the Licensee’s Amendment to the Constitution of the 1. Each Licensee subject to the activities. United States, nor shall the Licensee use provisions of this attachment shall 4. All fingerprints obtained by the the information in any way which fingerprint each individual who is Licensee pursuant to this Order must be would discriminate among individuals seeking or permitted access to submitted to the Commission for on the basis of race, religion, national safeguards information (SGI) or transmission to the FBI. origin, sex, or age.

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Procedures for Processing Fingerprint directly notify Licensees who are to an individual during the review Checks subject to this regulation of any fee process. changes. For the purpose of complying with Protection of Information this Order, Licensees shall, using an The Commission will forward to the 1. Each Licensee who obtains a appropriate method listed in 10 CFR submitting Licensee all data received from the FBI as a result of the Licensee’s criminal history record on an individual 73.4, submit to the NRC’s Division of application(s) for criminal history pursuant to this Order shall establish Facilities and Security, Mail Stop checks, including the FBI fingerprint and maintain a system of files and T–6E46, one completed, legible record. procedures for protecting the record and standard fingerprint card (Form FD–258, the personal information from ORIMDNRCOOOZ) or, where Right To Correct and Complete unauthorized disclosure. practicable, other fingerprint records for Information 2. The Licensee may not disclose the each individual seeking access to SGI or Prior to any final adverse record or personal information collected unescorted access to RAMQC, to the determination, the Licensee shall make and maintained to persons other than Director of the Division of Facilities and available to the individual the contents the subject individual, his/her Security, marked for the attention of the of any criminal records obtained from representative, or to those who have a Division’s Criminal History Check the FBI for the purpose of assuring need to access the information in Section. Copies of these forms may be correct and complete information. performing assigned duties in the obtained by writing the Office of Written confirmation by the individual process of determining access to SGI or Information Services, U.S. Nuclear of receipt of this notification must be unescorted access to RAMQC. No Regulatory Commission, Washington, maintained by the Licensee for a period individual authorized to have access to DC 20555–0001, by calling (301) 415– of one (1) year from the date of the the information may re-disseminate the 5877, or by e-mail to [email protected]. notification. information to any other individual who Practicable alternative formats are set If, after reviewing the record, an does not have a need-to-know. forth in 10 CFR 73.4. The Licensee shall individual believes that it is incorrect or 3. The personal information obtained establish procedures to ensure that the incomplete in any respect and wishes to on an individual from a criminal history quality of the fingerprints taken results change, correct, or update the alleged record check may be transferred to in minimizing the rejection rate of deficiency, or to explain any matter in another Licensee if the Licensee holding fingerprint cards due to illegible or the record, the individual may initiate the criminal history record receives the incomplete cards. challenge procedures. These procedures individual’s written request to re- The NRC will review submitted include either direct application by the disseminate the information contained fingerprint cards for completeness. Any individual challenging the record to the in his/her file, and the gaining Licensee Form FD–258 fingerprint record agency (i.e., law enforcement agency) verifies information such as the containing omissions or evident errors that contributed the questioned individual’s name, date of birth, social will be returned to the Licensee for information, or direct challenge as to the security number, sex, and other corrections. The fee for processing accuracy or completeness of any entry applicable physical characteristics for fingerprint checks includes one re- on the criminal history record to the identification purposes. submission if the initial submission is Assistant Director, Federal Bureau of 4. The Licensee shall make criminal returned by the FBI because the Investigation Identification Division, history records, obtained under this fingerprint impressions cannot be Washington, DC 20537–9700 (as set section, available for examination by an classified. The one free re-submission forth in 28 CFR part 16.30 through authorized representative of the NRC to must have the FBI Transaction Control 16.34). In the latter case, the FBI determine compliance with the Number reflected on the re-submission. forwards the challenge to the agency regulations and laws. If additional submissions are necessary, that submitted the data and requests 5. The Licensee shall retain all they will be treated as initial submittals that agency to verify or correct the fingerprint and criminal history records and will require a second payment of challenged entry. Upon receipt of an received from the FBI, or a copy if the the processing fee. official communication directly from individual’s file has been transferred, Fees for processing fingerprint checks the agency that contributed the original for three (3) years after termination of are due upon application. Licensees information, the FBI Identification employment or denial to access SGI or shall submit payment with the Division makes any changes necessary unescorted access to RAMQC. After the application for processing fingerprints in accordance with the information required three (3) year period, these by corporate check, certified check, supplied by that agency. The Licensee documents shall be destroyed by a cashier’s check, money order, or must provide at least ten (10) days for method that will prevent reconstruction electronic payment, made payable to an individual to initiate an action of the information in whole or in part. ‘‘U.S. NRC.’’ [For guidance on making challenging the results of an FBI [FR Doc. E8–28682 Filed 12–3–08; 8:45 am] electronic payments, contact the criminal history records check after the BILLING CODE 7590–01–P Facilities Security Branch, Division of record is made available for his/her Facilities and Security, at (301) 415– review. The Licensee may make a final 7404]. Combined payment for multiple determination on access to SGI or OVERSEAS PRIVATE INVESTMENT applications is acceptable. The unescorted access RAMQC based upon CORPORATION application fee (currently $36) is the the criminal history record only upon sum of the user fee charged by the FBI receipt of the FBI’s ultimate Sunshine Act; Notice of Public Hearing for each fingerprint card or other confirmation or correction of the record. fingerprint record submitted by the NRC Upon a final adverse determination on December 9, 2008. on behalf of a Licensee, and an NRC access to SGI or unescorted access to TIME AND DATE: 2 p.m., Tuesday, processing fee, which covers RAMQC, the Licensee shall provide the December 9, 2008. administrative costs associated with individual its documented basis for PLACE: Offices of the Corporation, NRC handling of Licensee fingerprint denial. Access to SGI or unescorted Twelfth Floor Board Room, 1100 New submissions. The Commission will access to RAMQC shall not be granted York Avenue, NW., Washington, DC.

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STATUS: Hearing OPEN to the Public at PLACE: Offices of the Corporation, funds, it is anticipated that 2 p.m. Twelfth Floor Board Room, 1100 New approximately $5,600,000 or more will PURPOSE: Public Hearing in conjunction York Avenue, NW., Washington, DC. be available to support this competition. with each meeting of OPIC’s Board of STATUS: Meeting open to the Public from ECA/PE/C expects to fund Directors, to afford an opportunity for 10 a.m. to 10:15 a.m. Closed portion will approximately 10–15 projects under this any person to present views regarding commence at 10:15 a.m. (approx.). competition in FY 2009. U.S. public and non-profit organizations meeting the the activities of the Corporation. MATTERS TO BE CONSIDERED: provisions described in Internal PROCEDURES: Individuals wishing to 1. President’s Report. 2. Approval of September 18, 2008 Revenue code section 26 U.S.C. address the hearing orally must provide 501(c)(3) may submit proposals that Minutes (Open Portion). advance notice to OPIC’s Corporate support the goals of The Professional Secretary no later than 5 p.m. Friday, FURTHER MATTERS TO BE CONSIDERED: Exchange Program. Projects should December 5, 2008. The notice must (Closed to the Public 10:15 a.m.) promote mutual understanding and include the individual’s name, title, 1. Report from Audit Committee. partnerships between key professional organization, address, and telephone 2. Resolution on Housing Exposure. and cultural groups in the United States number, and a concise summary of the 3. Finance Project—Georgia. and counterpart groups in other subject matter to be presented. 4. Finance Project—Georgia. countries through multi-phased Oral presentations may not exceed ten 5. Finance Project—Turkey. exchanges taking place over one to two (10) minutes. The time for individual 6. Finance Project—Bulgaria and the years. Proposals should encourage presentations may be reduced Balkans. citizen engagement in current issues proportionately, if necessary, to afford 7. Approval of September 18, 2008 and promote the development of all participants who have submitted a Minutes (Closed Portion). democratic societies and institutions, timely request to participate an 8. Pending Major Projects. with a view toward creating a more opportunity to be heard. 9. Reports. stable world. All programs should be CONTACT PERSON FOR INFORMATION: Participants wishing to submit a two-way exchanges and involve written statement for the record must Information on the meeting may be participants from the U.S. and foreign submit a copy of such statement to obtained from Connie M. Downs at (202) countries. OPIC’s Corporate Secretary no later than 336–8438. Proposed projects should transform 5 p.m. Friday, December 5, 2008. Such Dated: December 2, 2008. institutional and individual understanding of key issues, foster statement must be typewritten, double- Connie M. Downs, dialogue, share expertise, and develop spaced, and may not exceed twenty-five Corporate Secretary, Overseas Private capacity. Through these people-to- (25) pages. Investment Corporation. people exchanges, the Bureau seeks to Upon receipt of the required notice, [FR Doc. E8–28841 Filed 12–2–08; 4:15 pm] break down stereotypes that divide OPIC will prepare an agenda for the BILLING CODE 3210–01–P peoples, to promote good governance hearing identifying speakers, setting and economic growth, to contribute to forth the subject on which each conflict prevention and management, participant will speak, and the time DEPARTMENT OF STATE and to build respect for cultural allotted for each presentation. The [Public Notice 6442] expression and identity in the world. agenda will be available at the hearing. Projects should be structured to allow A written summary of the hearing will Bureau of Educational and Cultural American professionals and their be compiled, and such summary will be Affairs (ECA) Request for Grant international counterparts in eligible made available, upon written request to Proposals: Open Competition for countries to develop a common dialogue OPIC’s Corporate Secretary, at the cost Professional Exchange Programs in for dealing with shared challenges and of reproduction. Africa, East Asia, Europe, the Near concerns. Projects should include CONTACT PERSON FOR INFORMATION: East, North Africa, South Central Asia current or potential leaders who will Information on the hearing may be and the Western Hemisphere and the effect positive change in their obtained from Connie M. Downs at (202) Nqwang Choephel Fellowship Program communities. 336–8438, via facsimile at (202) 218– for Tibet Applicants may not submit more than one proposal per theme in this 0136, or via e-mail at Announcement Type: New Grant. [email protected]. competition. Also, applicants may not Funding Opportunity Number: ECA/ include countries not eligible under a Dated: December 1, 2008. PE/C–09–01. specific theme designated in the RFGP. Connie M. Downs, Catalog of Federal Domestic Proposals that do so will be declared OPIC Corporate Secretary. Assistance Number: 19.415. technically ineligible and will receive [FR Doc. E8–28840 Filed 12–2–08; 4:15 pm] Key Dates: no further consideration in the review BILLING CODE 3210–01–P Application Deadline: February 20, process. For the purposes of this 2009. competition, eligible regions are Africa, Executive Summary: The Office of East Asia, Europe, the Near East, North OVERSEAS PRIVATE INVESTMENT Citizen Exchanges, ECA/PE/C, of the Africa, South Central Asia, and the CORPORATION Bureau of Educational and Cultural Western Hemisphere. No guarantee is Affairs announces an open competition made or implied that grants will be Sunshine Act; Board of Directors for grants that support exchanges and awarded in all themes and for all Meeting build relationships between U.S. non- countries listed. profit organizations and civil society December 11, 2008. and cultural groups in Africa, East Asia, I. Funding Opportunity Description TIME AND DATE: Thursday, December 11, Europe, the Near East, North Africa, Authority: Overall grant making 2008, 10 a.m. (open portion); 10:15 a.m. South Central Asia and the Western authority for this program is contained (closed portion). Hemisphere. Pending availability of in the Mutual Educational and Cultural

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Exchange Act of 1961, Public Law 87– as listed in this RFGP. Desired outcomes commitment to consult closely with the 256, as amended, also known as the should be described in qualitative and Public Affairs Section of the U.S. Fulbright-Hays Act. The purpose of the quantitative terms. (See the Program Embassy in the relevant country(ies) to Act is ‘‘to enable the Government of the Monitoring and Evaluation section per develop plans for project United States to increase mutual item V.1 below, for more information on implementation and to select project understanding between the people of project objectives and outcomes.); participants. Proposals should also the United States and the people of • A proposed timeline; acknowledge U.S. Embassy involvement other countries * * *; to strengthen the • A description of participant in the final selection of all participants. ties which unite us with other nations recruitment and selection processes; Applicants should state their by demonstrating the educational and • Letters of support from foreign and willingness to invite representatives of cultural interests, developments, and U.S. partners. (Letters from prospective the Embassy(ies) and/or consulate(s) to achievements of the people of the partner institutions should demonstrate participate in program sessions or site United States and other nations * * * a capacity to arrange and conduct U.S. visits. and thus to assist in the development of and overseas activities.); ECA/DOS Acknowledgement: friendly, sympathetic and peaceful • An outline of the applicant Narratives should state that all material relations between the United States and organization’s relevant expertise in the developed for the project will the other countries of the world.’’ The project theme and country(ies); prominently acknowledge Department funding authority for the program above • An outline of relevant experience of State ECA Bureau funding for the is provided through legislation. managing previous exchange programs; program. They should also state that in Purpose: The competition is based on • Resumes of experienced staff who any contact with the media (print, the premise that people-to-people have demonstrated a commitment to television, blogging, etc.) applicants will exchanges encourage and strengthen implement and monitor projects and acknowledge Department of State ECA understanding of democratic values, ensure outcomes; Bureau funding for the program. nurture the social, political, cultural, • A comprehensive plan to evaluate Alumni Outreach and Engagement: and economic development of societies whether program outcomes will achieve Proposals must include a plan outlining and encourage a more active citizenry. the specific objectives described in the alumni outreach and engagement. Exchanges supported by institutional narrative. (See the Program Monitoring Proposed programs should strengthen grants from the Bureau should operate and Evaluation section [IV.3d.d below] long-term mutual understanding, at two levels: They should enhance for further guidance on evaluation.); including maximum sharing of • partnerships between U.S. and foreign A post-grant plan that demonstrates information and establishment of long- institutions, and they should establish a how the grantee plans to maintain term institutional and individual common language to develop practical contacts initiated through the program. linkages. Reviewers will assess ways in solutions for shared problems and Applicants should discuss ways that which proposals provide substantive concerns. The Bureau is particularly U.S. and foreign participants or host plans to prepare exchange program interested in projects that will create institutions will collaborate and participants for their role as active, mutually beneficial and self-sustaining communicate after the ECA-funded effective alumni and how the grantee linkages between professional grant has concluded. (See Review organization will continue to engage communities in the U.S. and their Criterion #5, per item V.1 below for with alumni once they return home. counterpart communities in other more information on post-grant Recipient organization(s) must outline countries. Applicants must identify the activities.) how alumni activities will be sustained U.S. and foreign organizations and • Successful projects will after the grant period. individuals with whom they are demonstrate the importance Americans All recipients of ECA grants or proposing to collaborate and describe place on community service as an cooperative agreements (hereafter previous cooperative activities, if any. element of active citizenship and may referred to as ‘‘recipients Information about the mission, include ideas and projects to strengthen organization(s)’’) will be expected to activities, and accomplishments of civil society through community service provide regular updates on alumni partner organizations should be either during participants’ stay in the activities throughout the period of included in the submission. Proposals U.S. or upon their return to their performance. Proposals should also should contain letters of commitment or countries. include plans to use alumni in support from partner organizations for • In addition to addressing the recruitment and orientation the proposed project. Applicants should specific themes described below, programming of future participants. clearly outline and describe the role and proposals should develop partner Recipient organization(s) should responsibilities of all partner organizations’ capacity in such areas as connect alumni with local private sector organizations in terms of project strategic planning, performance partners such as NGOs and businesses logistics, management and oversight. management, fund raising, financial to ensure sustainability of alumni Competitive proposals will include management, human resources activities. the following: management, and decision-making. The Bureau expects that all recipient • A brief description of the theme to U.S. Embassy Involvement: Before organization(s) will encourage and assist be addressed and how it relates to the submitting a proposal, all applicants are participants in registering and using the target country or region. (Proposals that strongly encouraged to consult with the State Alumni Web site request resources for an initial needs Washington, DC-based State Department (alumni.state.gov) at multiple points assessment will be deemed less contact for the themes/regions listed in during their exchange experience, at a competitive under the review criterion this solicitation. Applicants are also minimum during program orientations Program Planning and Ability to strongly encouraged to consult with and pre-departure briefings. Proposals Achieve Objectives, per item V.1 Public Affairs Officers at U.S. Embassies should detail how the State Alumni below.); in relevant countries as they develop Web site will be promoted to exchange • A clear, succinct statement of proposals responding to this RFGP. participants and how the recipient program objectives and expected Also, it is important that the proposal organization(s) will facilitate participant outcomes that responds to Bureau goals narrative clearly state the applicant’s registration. The Bureau expects that all

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recipient organization(s) will place a positions to influence and develop their Applicants should strive to maximize link to State Alumni on their own Web societies, including young professionals the number of participants and the sites. involved in the local and national length of U.S.-based program given State Alumni is an interactive global legislatures of developing democracies. funding levels. Therefore, applicants community where alumni from all over ECA is seeking competitive proposals that use homestays for foreign the world can stay connected with their for the LFP program in all regions of the participants, establish public-private exchange experience by sharing ideas, world involving specific countries listed partnerships that provide programming projects, and experiences. below. The LFP program is designed to support, and employ other creative On State Alumni, exchange strengthen understanding of the U.S. techniques will be deemed more participants can: legislative process and enhance competitive than those that do not. • Find the latest research in their appreciation of the role of civic society Successful applicants must fully field, plus career enhancing and its engagement in the political demonstrate a capacity to achieve the information; process. LFP will provide young following key activities: • Participate in live Q&A discussions professionals from identified countries (1) Recruit and select qualified with experts on a variety of current with hands-on exposure to the U.S. individuals throughout the target issues; political process through internships in country(ies). The foreign participants • Find grant and job opportunities; U.S. Congressional offices (including should be selected through a merit- • Post re´sume´s and academic articles; based, competitive process. An in- • state/district offices), state legislatures, Access 20,000 free journals, city councils or local governments country partner organization(s)/office is newspapers, and more; required to coordinate programming and • across the U.S. The program will also Find a local alumni association to involve U.S. participants who will be fellowships. join; selected from staff members at the (2) In addition to identifying in- • Share their experience with a global various internship sites who will act as country partner and screening, audience; selecting, and preparing participants • Read alumni success stories, primary host/mentors to the foreign fellows during their U.S.-based program. prior to departure for the United States, perspectives, and ideas. All statistical the recipient of this grant will also information collected on ECA funded After the internships are completed, these U.S. staff members will travel conduct a thorough orientation program program participant(s) should be overseas to the interns’ home countries for foreign participants upon their transferable to databases maintained by to continue their engagement by arrival in the United States. After the ECA. participating in joint outreach activities, orientation session, grantees will be While applicant organizations may propose engaging the local media, and on-site responsible for implementing the use of Web sites for recruitment and consultancies and presentations to fellowships in the United States for selection, pre-departure and re-entry efforts/ wider audiences. participants. This will include activities, the Bureau will not fund or The foreign participants should be individualized fellowships for the LFP support Web sites and/or Web site activities that are duplicative or run parallel to alumni selected through a merit-based, fellows in legislative offices/bodies at opportunities on ECA’s State Alumni Web competitive process. They should be the national, state, and local levels. site. college graduates involved in political Selection of foreign LFP Fellows should affairs or other relevant fields, Recipient organizations will be take into account the types of positions approximately 25 to 35 years in age, granted access to the password- that are available for placement/job with some professional experience in protected State Alumni Web site to shadowing in the U.S. ECA is open to the political or legislative arenas. interact with program participants and creative and cost-efficient approaches to Because of the nature of this program, alumni. ECA funds can be used to this selection and placement program. all selected participants must have good support the recipient organization’s Specifically, U.S-based homestays for English language skills (except for the interaction with alumni via the State foreign participants are strongly program in the Western Hemisphere as recommended. Alumni Web site. noted below). Participants should have After awards have been finalized, all (3) Conducting an in-country program demonstrated leadership abilities and a recipient organization(s) will be where U.S. mentors will travel overseas commitment to or participation in the expected to work directly with the to conduct on-site consultancies and political process or policy-making respective ECA program office, ECA’s joint programming with foreign through involvement in civic education Office of Alumni Affairs and the participants and their colleagues. The activities, citizen advocacy groups, Embassy-based alumni coordinator to in-country program should be designed political campaigns, political parties, or to engage a broad audience, not only provide regular updates on alumni election monitoring. U.S. participants activities, alumni follow-up and alumni traveling participants. will be staff members of the U.S. (4) The development of enhancement participant data. Proposals should Congress, state legislatures, city activities that reinforce program goals specifically acknowledge a commitment councils or local governments who act after the participants’ return to their to this effort. as host for foreign participants during ECA will provide general information home country. An essential follow-on the inbound portion of the program. on alumni outreach ideas as well as component will be a longitudinal Proposals must include qualified and assessment of the achievements of the illustrative examples of State Alumni established partner organizations/offices Web site pages on exchanges.state.gov program. in each of the foreign countries where ECA envisions that the LFP program that interested organizations can use in participants are being recruited. Also, calendar will approximately be as designing their alumni outreach proposals must demonstrate capacity in follows: strategies. the U.S. to secure relevant placements September 2009–January 2010: FY 2009 Thematic Topics for foreign participants. Proposals that Recruitment and selection of foreign include such information, especially participants and securing U.S.-based 1. The Legislative Fellows Program (LFP) with letters of commitment from hosts and host sites. ECA priorities continue to focus on possible U.S-based host organizations, February–April 2010: Travel to the engagement with young professionals in will be deemed more competitive. United States by 1⁄2 of all the foreign

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participants to U.S. for orientation and Placements may be considered at the Lebanon, Morocco, and Oman. While a placement at internship sites for a four Federal, State or local level and should proposal does not require participation to eight week program. be consistent with the participant’s from all of these countries, ECA would April 2010: Travel by the foreign professional experience. Both single- like to see participation from as many of participants to Washington, DC at/ country and multiple-country proposals these countries as possible. It is towards the end of their U.S.-based will be considered, although applicants recommended that, given the nature of program for a two-day enrichment are cautioned not to spread their project this exchange, applicants focus program. ECA will coordinate the dates so thinly across multiple countries or primarily on placing Middle Eastern and arrangements with each eventual communities that it cannot be sustained. and North African participants in grantee. Proposal budgets should Internships should emphasize the Federal/Congressional offices in the include airfare, lodging, and per diem hands-on work of legislators and their United States, though proposals that for each foreign participant for two staff, including research on legislative recommend state-level placement, with working days in Washington, DC. issues, bill drafting, outreach to solid justification, will receive full May–September 2010: The U.S. constituencies, fiscal analysis of consideration. Placements should be participants who were involved in the legislation, policy debate, and consistent with the participant’s winter 2010 hosting will travel overseas understanding the ethical and legal professional experience. for approximately two week program. parameters for such work. South and Central Asia (SCA): October–November 2010: Travel to East Asia and the Pacific (EAP): Program Contact: Adam Meier, tel: the United States by the remaining 1⁄2 of Program Contact: Adam Meier, tel: (202) 453–8151, e-mail: all the foreign participants to the U.S. (202) 453–8151, e-mail: [email protected]. for orientation and placement at [email protected]. Approximate Grant Award: $300,000 internship sites for a four to eight week Approximate Grant Award: $300,000 to $375,000 for a program involving program. to $375,000 for a program involving approximately 35 to 40 participants. November–December 2010: Travel by approximately 35 to 40 participants. For South and Central Asia, proposals the remaining foreign participants to For East Asia and the Pacific, for the LFP program should recruit Washington, DC at/towards the end of proposals for the LFP program should foreign participants from Bhutan, India, their U.S.-based program for a two-day recruit foreign participants from Kazakhstan, Kyrgyzstan, Nepal and program. ECA will coordinate the dates Indonesia, Malaysia, Mongolia, Pakistan. At least 50% of the foreign and arrangements with each eventual Philippines, Singapore, and Taiwan. participants should come from grantee. Proposal budgets should While a proposal does not require Kyrgyzstan and Nepal with the include airfare, lodging, and per diem participation from all of these countries, remaining 50% coming from the other for each foreign participant for two ECA would like to see participation countries listed. Placements may be working days in Washington, DC. from as many of these countries as considered at the Federal, State or local January–May 2011: The U.S. possible. Placements may be considered level and should be consistent with the participants who were involved in the at the Federal, State or local level and participant’s professional experience. fall 2010 hosting will travel overseas for should be consistent with the Western Hemisphere (WHA): approximately two week program. participant’s professional experience. Program Contact: Laverne Johnson, Program Regions/Countries: Europe (EUR): tel: (202) 453–8160, e-mail: ECA could award up to six separate Program Contact: Brent Beemer, tel: [email protected]. grants by region to administer the LFP (202) 453–8147, e-mail: Approximate Grant Award: $300,000 program. However, ECA will consider [email protected]. to $375,000 for a program involving proposals that cover multiple regions (or Approximate Grant Award: $600,000 approximately 35 to 40 total all the regions) as long as the applicant to $675,000 for a program involving participants. demonstrates particular program approximately 70 to 75 total In the Western Hemisphere, proposals capacity in those regions. participants. for the LFP program should recruit only Grantees should construct their In Europe, proposals for the LFP from Colombia, Brazil, Nicaragua, and proposals to fit the general outline and program should recruit foreign Bolivia. 75% of the foreign participants schedule of the LFP program as participants from only Russia, Ukraine, in the WHA program should be from described above, but also to tailor it to and Georgia. 50% of the foreign Colombia, Nicaragua and Bolivia. For the following regional priorities, participants in the EUR program should these three countries, ECA prefers that participant numbers, and specifications be recruited from Russia. 25% of the the participants be Spanish speakers as noted. Applicant organizations are participants should be recruited from placed in Spanish language internships highly encouraged to contact the Ukraine and 25% of the participants in the United States. The remaining relevant ECA program officer should be recruited from Georgia. 25% of the foreign participants should responsible for the relevant region(s) Placements may be considered at the be from Brazil. For Brazil, ECA prefers BEFORE submitting a proposal. Federal, State or local level and should that the participants be Portuguese Africa (AF): be consistent with the participant’s speakers placed in Portuguese language Program Contact: Curtis Huff, tel: professional experience. internships in the United States. (202) 453–8159, e-mail: Near East and North Africa (NEA): Placements may be considered at the [email protected]. Program Contact: Thomas Johnston, Federal, State or local level and should Approximate Grant Award: $300,000 Tel: (202) 453–8162; e-mail: be consistent with the participant’s to $375,000 for a program involving [email protected] professional experience as well as approximately 35 to 40 participants. Approximate Grant Award: $300,000 language ability. For Africa, proposals for the LFP to $375,000 for a program involving program should recruit foreign approximately 35 to 40 participants. 2. Young Entrepreneurs Program (YEP) participants from one or more of the For the Near East and North Africa, Support and development of business following countries: Nigeria, South proposals for the LFP program should entrepreneurs in emerging free market Africa, Kenya, Democratic Republic of recruit foreign participants from societies remains a top priority for the the Congo, Liberia, and Sudan. Bahrain, Egypt, Jordan, Kuwait, State Department worldwide. In

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response, ECA is seeking proposals to designed for foreign fellows to travel to foreign participants for a three to eight implement the Young Entrepreneurs the U.S. as a group, even if they will be week program. Program (YEP) program. YEP seeks to doing individualized programs. An in- January–May 2011: Travel overseas by promote entrepreneurial thinking, job country partner organization or offices remaining U.S. participants for an creation, business planning, and to help coordinate recruitment and approximately two week program. management skills that will assist young overseas programming is required. Program Regions/Countries: emerging entrepreneurs worldwide (2) In addition to identifying an in- ECA could award up to three separate (approximately 25–35 years old) in country partner and screening, grants by region to administer the YEP launching business careers. The YEP selecting, and preparing participants program. However, ECA will consider program will increase understanding of prior to departure for the United States, proposals that cover multiple regions (or the links between entrepreneurial the grant recipient will be responsible all the regions) as long as the applicant activity and free markets as well as the for building and executing an demonstrates strong program capacity in importance of transparency and orientation program upon arrival in the all the regions included in a single accountability in business and U.S. and a business-based program in proposal. Applicant organizations are government. The YEP program will the United States. This may include highly encouraged to contact the introduce young men and women to individualized internships for the relevant ECA program officer entrepreneurial thinking, business appropriate foreign participants at U.S. responsible for the relevant region(s) management skills, attracting businesses that are analogous in size BEFORE submitting a proposal. investment, and also in designing and scope to their own domestic Africa (AF): programs to teach others these skills. workplaces. This may also include Program Contact: Curtis Huff, tel: The program will enhance appreciation group-based programming that relies on (202) 453–8159, e-mail: for American business practices and the job-shadowing and group sessions on [email protected]. role of the individual in creating growth business topics that are facilitated Approximate Grant Award: $300,000 through grassroots-focused through U.S.-based interpreters. to $375,000 for a program involving entrepreneurial efforts. Selection of foreign participants should approximately 35 to 40 total The YEP Program will provide its take into account the types of businesses participants. participants with exposure to day-to-day that are available for placement/job In Africa, proposals for the YEP functioning of a free market system. shadowing in the U.S. ECA is open to program should recruit only from Programs for English-speaking fellows creative and cost-efficient approaches to Nigeria, South Africa, Kenya, would be designed as individual this selection and placement program. Democratic Republic of the Congo, fellowships. They may include This could include U.S.-based Liberia, and Sudan. Both single-country seminars, internships, workshops and homestays for foreign participants. and multiple-country proposals will be site visits. Programs for fellows who do (3) Conducting an in-country program considered, although applicants are not speak English would be less where U.S. mentors will travel to the cautioned not to spread their project so individualized and more groups target country(ies) to conduct on-site thinly across multiple countries or focused, and use a variety of training consultancies for foreign participants methodologies. These programs would communities that it cannot be sustained. and their firms. Workshops should be be implemented with the assistance of For YEP Africa, English fluency is designed based on foreign participant’s U.S.-based interpreters. American strongly recommended. Programs requests and could cover issues such as participants would come from the same should emphasize developing skills to basic business principles, marketing, firms and organizations that the foreign create jobs and to start and build new customer-service strategies, business participants worked with while in the businesses, not expecting the ethics, etc. The workshop(s) should be United States. They would travel as a government to do it. designed to engage a broad audience, group overseas and do on-site Near East and North Africa (NEA): not only traveling program participants. workshops with foreign audiences. This Program Contact: Thomas Johnston, program would work to establish long- (4) The development of enhancement Tel: (202) 453–8162; e-mail: term professional links between U.S. activities and development [email protected] mentors and overseas fellows. opportunities that reinforce program Approximate Grant Award: $300,000 Proposals must include qualified and goals after the participants’ return to to $375,000 for a program involving established partner organizations/offices their home country. An essential follow- approximately 35 to 40 total in each of the foreign countries where on component will be a longitudinal participants. participants are being recruited. assessment of the achievements of the For the YEP program in the NEA Applicants should strive to maximize program. region, foreign participants can be the number of participants and the ECA envisions that the YEP program recruited from all countries in the length of U.S.-based program given calendar will approximately be as Middle East, North Africa, and the funding levels. Therefore, applicants follows: Persian Gulf region with the that use homestays for foreign September 2009–January 2010: understanding that a minimum of six participants, establish public-private Recruitment and selection of foreign and a maximum of ten participants be partnerships that provide programming participants and development of U.S.- recruited from each country involved. support, and employ other creative based programs. Both single-country and multiple- techniques will be deemed more February–April 2010: Travel to the country proposals will be considered. competitive than those that do not. United States by 1⁄2 of all the foreign South and Central Asia (SCA): Successful applicants must fully participants for a three to eight week Program Contact: Adam Meier, tel: demonstrate a capacity to achieve the program. (202) 453–8151, e-mail: following key activities: May–September 2010: Travel overseas [email protected]. (1) Recruit and select qualified by U.S. participants for an Approximate Grant Award: $300,000 individuals throughout the target approximately two week program. to $375,000 for a program involving country(ies), through a merit-based open October–December 2010: Travel to the approximately 35 to 40 total competition. Program should be United States by all the remaining participants.

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For the YEP program in South and Successful applicants must fully Note: Applicants must be aware of security Central Asia, ECA seeks proposals for a demonstrate a capacity to achieve the related travel restrictions for U.S. citizens in single-country program in Afghanistan. following: southern Thailand and the Mindanao region Because of the changing nature of the (1) Recruit and select approximately in the Philippines. Therefore, proposals security situation, U.S. participants may 20 to 25 individuals throughout the should include plans to conduct programming in Thailand and the not be able to travel to Afghanistan as target country. Program should be Philippines that involves U.S. participants in part of the YEP program. Therefore, designed for two groups to travel to the alternative locations within those countries. proposals should include a contingency U.S. Partnering with organizations plan to bring U.S. and Afghan based in target country is required. Applicant organizations are highly participants together in a third country (2) In addition to identifying in- encouraged to contact the ECA program (preferably within the South and Central country partner and screening, officer responsible for this theme(s) Asia region) for those relevant program selecting, and preparing participants BEFORE submitting a proposal. components. prior to departure for the United States, Program Contact: Brent Beemer, tel: the recipient of this grant will be (202) 453–8147, e-mail: 3. Outreach and Integration of Minority responsible for building and executing a [email protected]. Communities three to four week informative travel 4. Nqwang Choephel Fellowship ECA seeks proposals for programs that and training program in the United Program for Tibet will engage community leaders, States. The Office of Citizen Exchanges educators, youth influencers, (3) Conduct an in-country (overseas) welcomes proposals in an open journalists, and community-based workshop(s) to examine the process of competition for the Ngwang Choepel organizations in examination of integration of marginalized populations Fellows program that focus on the programs and practices to facilitate in foreign country for approximately 10 themes of Cultural Preservation and integration and empowerment of to 15 U.S. participants. Ideally, the U.S. Economic Self-sufficiency. The Office minority populations, particularly participants will be professionals who seeks proposals that train and assist youth, in selected countries. This have worked with foreign participants Tibetans living in Tibetan communities program would look at issues related to and are recommended by foreign in China by providing professional the integration of immigrant and participants. The overseas program/ experience and exposure to American minority populations into a modern workshop(s) should be designed to society and culture through internships, democratic society. This includes engage a broad audience, not just workshops and other learning activities integration in the political system, program participants. hosted by U.S. institutions. The economic opportunity, freedom of (4) Develop enhancement activities experiences will also provide expression, access to education, and that reinforce program goals after the Americans the opportunity to learn practice of an open social/cultural life, participants’ return to their home about Tibetan culture and the social and while maintaining ethnic identity country. An essential follow-on economic challenges that Tibetans face within a multi-ethnic society. A specific component will be a longitudinal today. Applicants may propose concentration of programming on assessment of the achievements of the programming for Tibetans who travel to immigrant and minority youth program. populations and the special needs/ ECA envisions that the program the United States and/or for Americans challenges they face in modern society calendar will approximately be as who travel to Tibet. Programs designed should be a major focus. An overall follows: for participants from Tibet should not comparison and sharing of best September 2009–January 2010: be simply academic in nature, but practices in the U.S. and in foreign Recruitment and selection of foreign should provide practical, hands-on countries on these issues should also be participants and development of U.S.- experience in U.S. public or private included. Programming should include based programs. sector settings that may be adapted to an an overview of U.S. and foreign February–April 2010: Travel to the individual’s institution upon return government and legal structures, an United States by 1⁄2 of all the foreign home. Proposals may combine elements understanding of the diversity of participants to the for a three to six of professional enrichment, job American and foreign societies and week program. shadowing and internships appropriate efforts to increase tolerance and respect May–September 2010: Travel overseas to the language ability and interests of for others with differing views and by U.S. participants for an the participants. Americans who travel beliefs. Program content should include approximately two week program. to Tibet will be expected to participate an overview of the range of historical October–December 2010: Travel to the in activities that further the goals and and current American and foreign United States by of all the remaining objectives of the Tibet Policy Act of experiences with integrating various foreign participants for a three to six 2002, as described below. Applicants immigrant and minority citizens, week program. should ensure that their proposals examination of what has worked well January–May 2011: Travel overseas by comply with the Tibet Policy Act of and what has not, and analysis of the remaining U.S. participants for an 2002, particularly that their projects range of actors including government, approximately two week program. promote in all stages the active NGOs, religious organizations, Program Countries: participation of Tibetans. Section 616(d) immigrant organizations, educational ECA plans to award up to two grants of the Foreign Relations Authorization institutions, and the role of the media under this theme at $300,000 to Act, 2003 (Pub. L. 107–228) defines the and public who report on these issues. $350,000 each. ECA seeks separate Tibet Project Principles: Participants (from the U.S. and foreign programs in the following countries: (d) Tibet Project Principles—Projects countries) in the program should Thailand: Program should specifically in Tibet supported by international include representatives of non- address the minority communities in financial institutions, other governmental organizations, community southern Thailand. international organizations, leaders, educators, youth influencers, Philippines: Program should nongovernmental organizations, and the religious leaders, and journalists from specifically address the minority United States entities referred to in minority communities. communities in the Mindanao region. subsection (c), should (1) Be

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implemented only after conducting a economy. Vocational education may Ceiling of Award Range: $350,000 per thorough assessment of the needs of the include practical training of region of the LFP and YEP programs and Tibetan people through field visits and entrepreneurs, development of Tibetan- per country for the Integration of interviews; (2) Be preceded by cultural language educational materials (such as Minority Communities Program. Grants and environmental impact assessments; Tibetan-English teaching guides or that cover several components (regions) (3) Foster self-sufficiency and self- Tibetan-language public health will be larger. Please contact ECA for reliance of Tibetans; (4) Promote education materials), or the further information on this. accountability of the development development of distance learning Anticipated Award Date: Pending agencies to the Tibetan people and technology for remote rural schools. availability of funds, September 1, 2009. active participation of Tibetans in all English-language training projects that Anticipated Project Completion Date: project stages; (5) Respect Tibetan are held in China are preferred over August 31, 2011. culture, traditions, and the Tibetan ones that would bring Tibetans to the III. Eligibility Information knowledge and wisdom about their United States for training. landscape and survival techniques; (6) Developing Entrepreneurship: III.1. Eligible applicants: Applications Be subject to on-site monitoring by the Projects under this theme should may be submitted by public and private development agencies to ensure that the focus on the skills that Tibetans, many non-profit organizations meeting the intended target group benefits; (7) Be of whom come from rural backgrounds provisions described in Internal implemented by development agencies with rudimentary economies, need to Revenue Code section 26 U.S.C. prepared to use Tibetan as the working function effectively in a modern 501(c)(3). language of the projects; (8) Neither economy (e.g., finance, accounting, and III.2. Cost Sharing or Matching Funds: provide incentive for, nor facilitate the language skills). Projects should explore There is no minimum or maximum migration and settlement of, non- how the government and the private percentage required for this Tibetans into Tibet; and (9) Neither sector can help promote sustainable competition. However, the Bureau provide incentive for, nor facilitate the entrepreneurship, including access to encourages applicants to provide transfer of ownership of, Tibetan land or credit, ecologically-conscious tourism maximum levels of cost sharing and natural resources to non-Tibetans. policies and investment, or English funding in support of its programs. The Office of Citizen Exchanges language training for trade or tourism Proposals that offer significant cost- welcomes proposals that focus on the purposes. Programs that train aspiring sharing will be judged more competitive themes of Cultural Preservation and entrepreneurs and develop micro- than those that do not. When cost sharing is offered, it is Economic Self-sufficiency under this finance programs for them are welcome. competition for FY–2009 Ngwang Sustainable Growth and Ecotourism: understood and agreed that the Choepel Fellows program. Exchanges funded under this theme applicant must provide the amount of cost sharing as stipulated in its proposal Cultural Preservation should help American and Tibetan conservationists, tourism planners, and and later included in an approved Projects under this theme should aim economic planners share their agreement. Cost sharing may be in the to assist Tibetans in preserving their experience in managing tourism form of allowable direct or indirect cultural heritage through activities resources and development projects, costs. For accountability, you must designed to reduce the pillage of particularly in ecologically fragile areas, maintain written records to support all irreplaceable cultural artifacts, and to and should contribute to increased costs which are claimed as your create opportunities that develop long- understanding of conservation and contribution, as well as costs to be paid term strategies for preserving cultural concepts essential to responsible by the Federal government. Such property through training and economic growth. Local community records are subject to audit. The basis conservation, museum development, projects are invited in fields such as for determining the value of cash and and education. Projects might include ecotourism, renewable energy, or in-kind contributions must be in the preservation of cultural sites; objects poverty alleviation projects, including accordance with OMB Circular A–110 in a site, museum or similar institution; farm technology, animal husbandry, or (Revised), Subpart C.23—Cost Sharing or forms of traditional cultural agricultural marketing. and Matching. In the event you do not expression. The proposals may provide the minimum amount of cost encompass topics such as museum II. Award Information sharing as stipulated in the approved needs, historic buildings, collections, Type of Award: Grant Agreement. budget, ECA’s contribution will be archaeological sites, rare manuscripts, Fiscal Year Funds: 2009. reduced in like proportion. language, or traditional arts, crafts, or Approximate Total Funding: III.3. Other Eligibility Requirements: music. $5,600,000 (Pending Availability of (a) Bureau grant guidelines require Funds). that organizations with less than four Economic Self-Sufficiency Approximate Number of Awards: 10– years experience in conducting Vocational Education: 15. international exchanges be limited to The Bureau seeks proposals that Approximate Average Award: $60,000 in Bureau funding. ECA emphasize vocational training or the $325,000–$350,000. Grants that cover anticipates making awards in an amount administration and development of several components (regions/countries) from $300,000 and higher to support vocational schools targeted towards the of LFP and YEP will be larger. Please program and administrative costs practical needs of Tibetan communities. contact ECA for further information on required to implement the programs in Discussion of how to integrate this. this RFGP. Therefore, organizations education with economic planning, how Floor of Award Range: $300,000 per with less than four years experience in to diversify revenue sources, and how to region of the LFP and YEP programs and conducting international exchanges are recruit, train and retain strong faculty per country for the Integration of ineligible to apply under this would all contribute towards increased Minority Communities Program. Grants competition. The Bureau encourages emphasis on vocational education and that cover several components (regions) applicants to provide maximum levels its importance to both Americans and will be larger. Please contact ECA for of cost sharing and funding in support Tibetans in a modern and changing further information on this. of its programs.

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(b) Technical Eligibility: All proposals IV.3. Content and Form of The Office of Citizen Exchanges of the must comply with the following or will Submission: Applicants must follow all Bureau of Educational and Cultural be declared technically ineligible and instructions in the Solicitation Package. Affairs is the official program sponsor of will receive no further consideration in The application should be submitted the exchange program covered by this the review process: per the instructions under IV.3f. RFGP, and an employee of the Bureau —Eligible applicants may not submit ‘‘Application Deadline and Methods of will be the ‘‘Responsible Officer’’ for the more than one proposal per theme Submission’’ section below. program under the terms of 22 CFR 62, under this competition; IV.3a. You are required to have a Dun which covers the administration of the —Eligible applicants may only propose and Bradstreet Data Universal Exchange Visitor Program (J visa working with the countries and Numbering System (DUNS) number to program). Under the terms of 22 CFR 62, themes listed under each of the apply for a grant or cooperative organizations receiving awards (either a themes of this RFGP. agreement from the U.S. Government. grant or cooperative agreement) under —No funding is available exclusively to This number is a nine-digit this RFGP will be third parties send U.S. citizens to conferences or identification number, which uniquely ‘‘cooperating with or assisting the conference type seminars overseas; identifies business entities. Obtaining a sponsor in the conduct of the sponsor’s nor is funding available for bringing DUNS number is easy and there is no program.’’ The actions of recipient foreign nationals to conferences or to charge. To obtain a DUNS number, organizations shall be ‘‘imputed to the routine professional association access http:// sponsor in evaluating the sponsor’s meetings in the United States. www.dunandbradstreet.com or call 1– compliance with’’ 22 CFR 62. Therefore, Please refer to the Proposal 866–705–5711. Please ensure that your the Bureau expects that any Submission Instruction (PSI) document DUNS number is included in the organization receiving an award under for additional requirements. appropriate box of the SF–424 which is this competition will render all part of the formal application package. assistance necessary to enable the IV. Application and Submission IV.3b. All proposals must contain an Information Bureau to fully comply with 22 CFR 62 executive summary, proposal narrative et seq. and budget. The Bureau of Educational and Note: Please read the complete Please Refer to the Solicitation announcement before sending inquiries or Cultural Affairs places critically Package. It contains the mandatory submitting proposals. Once the RFGP important emphases on the secure and Proposal Submission Instructions (PSI) deadline has passed, Bureau staff may not proper administration of Exchange document for additional formatting and discuss this competition with applicants Visitor (J visa) Programs and adherence until the proposal review process has been technical requirements. completed. IV.3c. You must have nonprofit status by recipient organizations and program with the IRS at the time of application. participants to all regulations governing IV.1. Contact Information to Request the J visa program status. Therefore, an Application Package: Please note: Effective March 14, 2008, all applicants for ECA federal assistance proposals should explicitly state in Please contact the Office of Citizen writing that the applicant is prepared to Exchanges, ECA/PE/C, Room 220, U.S. awards must include with their application, a copy of page 5, Part V–A, assist the Bureau in meeting all Department of State, SA–44, 301 4th requirements governing the Street, SW., Washington, DC 20547, ‘‘Current Officers, Directors, Trustees, and Key Employees’’ of their most administration of Exchange Visitor (202) 453–8174 (202) 453–8169, Programs as set forth in 22 CFR 62. If [email protected] to request a recent Internal Revenue Service (IRS) Form 990, ‘‘Return of Organization your organization has experience as a Solicitation Package. Please refer to the designated Exchange Visitor Program Funding Opportunity Number ECA/PE/ Exempt From Income Tax.’’ If an applicant does not file an IRS Form 990, Sponsor, the applicant should discuss C–09–01 located at the top of this their record of compliance with 22 CFR announcement when making your but instead files Schedule A (Form 990 or 990–EZ)—‘‘Organization Exempt 62 et seq., including the oversight of request. their Responsible Officers and Alternate Alternatively, an electronic Under Section 501(c)(3),’’ applicants must include with their application a Responsible Officers, screening and application package may be obtained selection of program participants, from grants.gov. Please see section IV.3f copy of Page 1, Part 1, ‘‘Compensation of the Five Highest Paid Employees provision of pre-arrival information and for further information. orientation to participants, monitoring The Solicitation Package contains the Other Than Officers, Directors and of participants, proper maintenance and Proposal Submission Instruction (PSI) Trustees,’’ of their most recent Internal security of forms, recordkeeping, document which consists of required Revenue Service (IRS) Form—Schedule reporting and other requirements. application forms, and standard A (Form 990 or 990–EZ). guidelines for proposal preparation. If your organization is a private The Office of Citizen Exchanges of Please specify Brent Beemer and refer nonprofit which has not received a grant ECA will be responsible for issuing DS– to the Funding Opportunity Number or cooperative agreement from ECA in 2019 forms to participants in this ECA/PE/C–09–01 located at the top of the past three years, or if your program. this announcement on all other organization received nonprofit status A copy of the complete regulations inquiries and correspondence. from the IRS within the past four years, governing the administration of IV.2. To Download a Solicitation you must submit the necessary Exchange Visitor (J) programs is Package Via Internet: documentation to verify nonprofit status available at http://exchanges.state.gov The entire Solicitation Package may as directed in the PSI document. Failure or from: United States Department of be downloaded from the Bureau’s Web to do so will cause your proposal to be State, Office of Exchange Coordination site at http://exchanges.state.gov/ declared technically ineligible. and Designation, ECA/EC/ECD—SA–44, education/rfgps/menu.htm, or from the IV.3d. Please take into consideration Room 734, 301 4th Street, SW., Grants.gov Web site at http:// the following information when Washington, DC 20547, Telephone: www.grants.gov. preparing your proposal narrative: (202) 203–5029, FAX: (202) 453–8640. Please read all information before IV.3d.1. Adherence to All Regulations IV.3d.2. Diversity, Freedom and downloading. Governing the J Visa Democracy Guidelines

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Pursuant to the Bureau’s authorizing attainable, results-oriented, and placed evaluation plans that deal only with the legislation, programs must maintain a in a reasonable time frame), the easier first level of outcomes [satisfaction] will non-political character and should be it will be to conduct the evaluation. You be deemed less competitive under the balanced and representative of the should also show how your project present evaluation criteria.) diversity of American political, social, objectives link to the goals of the Recipient organizations will be and cultural life. ‘‘Diversity’’ should be program described in this RFGP. required to provide reports analyzing interpreted in the broadest sense and Your monitoring and evaluation plan their evaluation findings to the Bureau encompass differences including, but should clearly distinguish between in their regular program reports. All not limited to ethnicity, race, gender, program outputs and outcomes. Outputs data collected, including survey religion, geographic location, socio- are products and services delivered, responses and contact information, must economic status, and disabilities. often stated as an amount. Output be maintained for a minimum of three Applicants are strongly encouraged to information is important to show the years and provided to the Bureau upon adhere to the advancement of this scope or size of project activities, but it request. principle both in program cannot substitute for information about IV.3d.4. For informational and administration and in program content. progress towards outcomes or the planning purposes, we are informing all Please refer to the review criteria under results achieved. Examples of outputs potential applicants that ECA is in the the ‘Support for Diversity’ section for include the number of people trained or process of developing comprehensive specific suggestions on incorporating the number of seminars conducted. approaches to alumni programming, diversity into your proposal. Public Law Outcomes, in contrast, represent web portal development supported 104–319 provides that ‘‘in carrying out specific results a project is intended to through ECA assistance awards (grants/ programs of educational and cultural achieve and is usually measured as an cooperative agreements) and the exchange in countries whose people do extent of change. Findings on outputs expansion of private/public not fully enjoy freedom and and outcomes should both be reported, partnerships to increase the reach of democracy,’’ the Bureau ‘‘shall take but the focus should be on outcomes. ECA’s exchange programs. In the event appropriate steps to provide We encourage you to assess the your proposal is recommended for opportunities for participation in such following four levels of outcomes, as funding, you may receive additional programs to human rights and they relate to the program goals set out guidance/information related to these democracy leaders of such countries.’’ in the RFGP (listed here in increasing topics during the negotiation stage of Public Law 106–113 requires that the order of importance): the approval process. governments of the countries described 1. Participant satisfaction with the In addition, all recipients of ECA above do not have inappropriate program and exchange experience. grants or cooperative agreements should influence in the selection process. 2. Participant learning, such as be prepared to state in any Proposals should reflect advancement of increased knowledge, aptitude, skills, announcement or publicity where it is these goals in their program contents, to and changed understanding and not inappropriate, that activities are the full extent deemed feasible. attitude. Learning includes both assisted financially by the Bureau of IV.3d.3. Program Monitoring and substantive (subject-specific) learning Educational and Cultural Affairs of the Evaluation and mutual understanding. United States Department of State under Proposals must include a plan to 3. Participant behavior, concrete the authority of the Fulbright-Hays Act monitor and evaluate the project’s actions to apply knowledge in work or of 1961, as amended. Award recipients success, both as the activities unfold community; greater participation and are strongly encouraged to use the and at the end of the program. The responsibility in civic organizations; Department seal on all promotional and Bureau recommends that your proposal interpretation and explanation of related materials for ECA funded include a draft survey questionnaire or experiences and new knowledge gained; programs which support the other technique plus a description of a continued contacts between commemoration of special occasions or methodology to use to link outcomes to participants, community members, and events, but only after first obtaining original project objectives. The Bureau others. written permission from the ECA expects that the recipient organization 4. Institutional changes, such as program office(r) assigned to the project. will track participants or partners and increased collaboration and IV.3e. Please take the following be able to respond to key evaluation partnerships, policy reforms, new information into consideration when questions, including satisfaction with programming, and organizational preparing your budget: the program, learning as a result of the improvements. IV.3e.1. Applicants must submit SF– program, changes in behavior as a result Please note: Consideration should be given 424A—‘‘Budget Information—Non- of the program, and effects of the to the appropriate timing of data collection Construction Programs’’ along with a program on institutions (institutions in for each level of outcome. For example, comprehensive budget for the entire which participants work or partner satisfaction is usually captured as a short- program. There must be a summary institutions). The evaluation plan term outcome, whereas behavior and budget as well as breakdowns reflecting should include indicators that measure institutional changes are normally both administrative and program considered longer-term outcomes. gains in mutual understanding as well budgets. Applicants may provide as substantive knowledge. Overall, the quality of your separate sub-budgets for each program Successful monitoring and evaluation monitoring and evaluation plan will be component, phase, location, or activity depend heavily on setting clear goals judged on how well it (1) specifies to provide clarification. and outcomes at the outset of a program. intended outcomes; (2) gives clear IV.3e.2. Allowable costs for the Your evaluation plan should include a descriptions of how each outcome will program include the following: description of your project’s objectives, be measured; (3) identifies when 1. Travel. International and domestic your anticipated project outcomes, and particular outcomes will be measured; airfare; airline baggage and seat fees; how and when you intend to measure and (4) provides a clear description of visas; transit costs; ground these outcomes (performance the data collection strategies for each transportation costs. Please note that all indicators). The more that outcomes are outcome (i.e., surveys, interviews, or air travel must be in compliance with ‘‘smart’’ (specific, measurable, focus groups). (Please note that the Fly America Act. There is no charge

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for J–1 visas for participants in Bureau 6. Room rental. The rental of meeting and indirect costs per detailed sponsored programs. space should not exceed $250 per day. instructions in the Application Package. 2. Per Diem. For U.S.-based Any rates that exceed this amount While there is no rigid ratio of programming, organizations should use should be cost shared. administrative to program costs, the published Federal per diem rates for 7. Materials. Proposals may contain proposals in which the administrative individual U.S. cities. Domestic per costs to purchase, develop and translate costs do not exceed 25% of the total diem rates may be accessed at: materials for participants. Costs for high requested ECA grant funds will be more http://www.gsa.gov/Portal/gsa/ep/ quality translation of materials should competitive under the cost effectiveness content be anticipated and included in the and cost sharing criterion, per item V.1 View.do?programId=9704&channelId=- budget. Grantee organizations should below. Proposals should show strong 15943&ooid=16365&content expect to submit a copy of all program administrative cost sharing Id=17943&pageTypeId=8203&content materials to ECA, and ECA support contributions from the applicant, the in- Type=GSA_BASIC&program should be acknowledged on all country partner and other sources. Page=%2Fep%2Fprogram%2Fgsa materials developed with its funding. Please refer to the Solicitation Basic.jsp&P=MTT. 8. Equipment. Applicants may Package for complete budget guidelines ECA requests applicants to budget propose to use grant funds to purchase and formatting instructions. realistic costs that reflect the local equipment, such as computers and IV.3F. Application Deadline and economy and do not exceed Federal per printers; these costs should be justified Methods of Submission diem rates. Foreign per diem rates can in the budget narrative. Costs for Application Deadline Date: February be accessed at: furniture are not allowed. 20, 2009. 9. Working meal. Normally, no more http://aoprals.state.gov/web920/ Reference Number: ECA/PE/C–09–01. than one working meal may be provided per_diem.asp. Methods of Submission: during the program. Per capita costs Applications may be submitted in one 3. Interpreters. For U.S.-based may not exceed $15–$25 for lunch and of two ways: activities, ECA strongly encourages $20–$35 for dinner, excluding room (1) In hard-copy, via a nationally applicants to hire their own locally rental. The number of invited guests recognized overnight delivery service based interpreters. However, applicants may not exceed participants by more (i.e., DHL, Federal Express, UPS, may ask ECA to assign State Department than a factor of two-to-one. When Airborne Express, or U.S. Postal Service interpreters. One interpreter is typically setting up a budget, interpreters should Express Overnight Mail, etc.), or needed for every four participants who be considered ‘‘participants.’’ (2) electronically through http:// require interpretation. When an 10. Return travel allowance. A return www.grants.gov. applicant proposes to use State travel allowance of $70 for each foreign Along with the Project Title, all Department interpreters, the following participant may be included in the applicants must enter the above expenses should be included in the budget. This allowance would cover Reference Number in Box 11 on the SF– budget: Published Federal per diem incidental expenses incurred during 424 contained in the mandatory rates (both ‘‘lodging’’ and ‘‘M&IE’’) and international travel. Proposal Submission Instructions (PSI) ‘‘home-program-home’’ transportation 11. Health Insurance. Foreign of the solicitation document. in the amount of $400 per interpreter. participants will be covered during their IV.3f.1—Submitting Printed Salary expenses for State Department participation in the program by the Applications interpreters will be covered by the ECA-sponsored Accident and Sickness Applications must be shipped no later Bureau and should not be part of an Program for Exchanges (ASPE), for than the above deadline. Delivery applicant’s proposed budget. Bureau which the grantee must enroll them. services used by applicants must have funds cannot support interpreters who Details of that policy can be provided by in-place, centralized shipping accompany delegations from their home the contact officers identified in this identification and tracking systems that country or travel internationally. solicitation. The premium is paid by may be accessed via the Internet and 4. Book and Cultural Allowances. ECA and should not be included in the delivery people who are identifiable by Foreign participants are entitled to a grant proposal budget. However, commonly recognized uniforms and one-time cultural allowance of $150 per applicants are permitted to include delivery vehicles. Proposals shipped on person, plus a book allowance of $50. costs for travel insurance for U.S. or before the above deadline but Interpreters should be reimbursed up to participants in the budget. received at ECA more than seven days $150 for expenses when they escort 12. Wire transfer fees. When after the deadline will be ineligible for participants to cultural events. U.S. necessary, applicants may include costs further consideration under this program staff, trainers or participants to transfer funds to partner competition. Proposals shipped after the are not eligible to receive these benefits. organizations overseas. Grantees are established deadlines are ineligible for 5. Consultants. Consultants may be urged to research applicable taxes that consideration under this competition. used to provide specialized expertise or may be imposed on these transfers by ECA will not notify you upon receipt of to make presentations. Honoraria rates host governments. application. It is each applicant’s should not exceed $250 per day. 13. In-country travel costs for visa responsibility to ensure that each Organizations are encouraged to cost- processing purposes. Given the package is marked with a legible share rates that would exceed that requirements associated with obtaining tracking number and to monitor/confirm figure. Subcontracting organizations J–1 visas for ECA-supported delivery to ECA via the Internet. may also be employed, in which case participants, applicants should include Delivery of proposal packages may not the written agreement between the costs for any travel associated with visa be made via local courier service or in prospective grantee and sub-grantee interviews or DS–2019 pick-up. person for this competition. Faxed should be included in the proposal. 14. Administrative Costs. Costs documents will not be accepted at any Such sub-grants should detail the necessary for the effective time. Only proposals submitted as division of responsibilities and administration of the program may stated above will be considered. proposed costs, and subcontracts should include salaries for grantee organization Important note: When preparing your be itemized in the budget. employees, benefits, and other direct submission please make sure to include

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one extra copy of the completed SF–424 Grants.gov Customer Support, Contact Review Criteria form and place it in an envelope Center Phone: 800–518–4726, Business Technically eligible applications will addressed to ‘‘ECA/EX/PM’’. Hours: Monday—Friday, 7 a.m.–9 p.m. be competitively reviewed according to The original and eight copies of the Eastern Time, E-mail: the criteria stated below. These criteria application should be sent to: U.S. [email protected]. are not rank ordered and all carry equal Department of State, SA–44, Bureau of Applicants have until midnight (12 weight in the proposal evaluation: Educational and Cultural Affairs, Ref.: a.m.), Washington, DC time of the 1. Program Planning and Ability To ECA/PE/C–09–01, Program closing date to ensure that their entire Achieve Objectives: Program objectives Management, ECA/EX/PM, Room 534, application has been uploaded to the should be stated clearly and should 301 4th Street, SW., Washington, DC Grants.gov site. There are no exceptions reflect the applicant’s expertise in the 20547. to the above deadline. Applications subject area and region. Objectives Applicants submitting hard-copy uploaded to the site after midnight of should respond to the topics in this applications must also submit the the application deadline date will be announcement and should relate to the ‘‘Executive Summary’’ and ‘‘Proposal automatically rejected by the grants.gov current conditions in the target country/ Narrative’’ sections of the proposal in system, and will be technically countries. A detailed agenda and text (.txt) or Microsoft Word format on ineligible. relevant work plan should explain how a PC-formatted disk. The Bureau will objectives will be achieved and should provide these files electronically to the Please refer to the Grants.gov Web include a timetable for completion of appropriate Public Affairs Section(s) at site, for definitions of various major tasks. The substance of the U.S. embassy(ies) for its (their) ‘‘application statuses’’ and the workshops, internships, seminars and/ review. difference between a submission receipt IV.3f.2—Submitting Electronic and a submission validation. Applicants or consulting should be described in Applications will receive a validation e-mail from detail. Sample schedules should be Applicants have the option of grants.gov upon the successful outlined. Responsibilities of proposed submitting proposals electronically submission of an application. Again, in-country partners should be clearly through Grants.gov (http:// validation of an electronic submission described. A discussion of how the www.grants.gov). Complete solicitation via Grants.gov can take up to two applicant intends to address language packages are available at Grants.gov in business days. Therefore, we strongly issues should be included, if needed. the ‘‘Find’’ portion of the system. Please recommend that you not wait until the 2. Institutional Capacity: Proposals follow the instructions available in the application deadline to begin the should include (1) the institution’s ‘Get Started’ portion of the site (http:// submission process through Grants.gov. mission and date of establishment; (2) www.grants.gov/GetStarted). ECA will not notify you upon receipt of detailed information about proposed in- Several of the steps in the Grants.gov electronic applications. country partner(s) and the history of the registration process could take several partnership; (3) an outline of prior It is the responsibility of all applicants awards—U.S. government and/or weeks. Therefore, applicants should submitting proposals via the Grants.gov Web check with appropriate staff within their portal to ensure that proposals have been private support received for the target organizations immediately after received by Grants.gov in their entirety, and theme/country/region; and (4) reviewing this RFGP to confirm or ECA bears no responsibility for data errors descriptions of experienced staff determine their registration status with resulting from transmission or conversion members who will implement the Grants.gov. processes. program. The proposal should reflect the institution’s expertise in the subject Once registered, the amount of time it IV.3g. Intergovernmental Review of can take to upload an application will area and knowledge of the conditions in Applications: Executive Order 12372 the target country/countries. Proposals vary depending on a variety of factors does not apply to this program. including the size of the application and should demonstrate an institutional the speed of your Internet connection. V. Application Review Information record of successful exchange programs, In addition, validation of an electronic including responsible fiscal V.1. Review Process submission via Grants.gov can take up management and full compliance with to two business days. The Bureau will review all proposals all reporting requirements for past Therefore, we strongly recommend for technical eligibility. Proposals will Bureau grants as determined by Bureau that you not wait until the application be deemed ineligible if they do not fully Grants Staff. The Bureau will consider deadline to begin the submission adhere to the guidelines stated herein the past performance of prior recipients process through Grants.gov. and in the Solicitation Package. All and the demonstrated potential of new The Grants.gov Web site includes eligible proposals will be reviewed by applicants. Proposed personnel and extensive information on all phases/ the program office, as well as the Public institutional resources should be aspects of the Grants.gov process, Diplomacy section overseas, where adequate and appropriate to achieve the including an extensive section on appropriate. Eligible proposals will be program’s goals. The Bureau strongly frequently asked questions, located subject to compliance with Federal and encourages applicants to submit letters under the ‘‘For Applicants’’ section of Bureau regulations and guidelines and of support from proposed in-country the Web site. ECA strongly recommends forwarded to Bureau grant panels for partners. that all potential applicants review advisory review. Proposals may also be 3. Cost Effectiveness and Cost thoroughly the Grants.gov Web site, reviewed by the Office of the Legal Sharing: Overhead and administrative well in advance of submitting a Adviser or by other Department costs in the proposal budget, including proposal through the Grants.gov system. elements. Final funding decisions are at salaries, honoraria and subcontracts for ECA bears no responsibility for data the discretion of the Department of services, should be kept to a minimum. errors resulting from transmission or State’s Assistant Secretary for Proposals in which the administrative conversion processes. Educational and Cultural Affairs. Final costs do not exceed 25% of the total Direct all questions regarding technical authority for assistance award requested ECA grant funds will be more Grants.gov registration and submission grants resides with the Bureau’s Grants competitive (see IV.3e.2 #14 for to: Officer. clarification on this). Applicants are

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strongly encouraged to cost share a subsequent modifications (if applicable) (1) A concise, one-page final program portion of overhead and administrative shall be the only binding authorizing report summarizing program outcomes expenses. Cost-sharing, including document between the recipient and the no more than 90 days after the contributions from the applicant, U.S. Government. The FAA will be expiration of the award. This one-page proposed in-country partner(s), and signed by an authorized Grants Officer, report will be transmitted to OMB, and other sources should be included in the and mailed to the recipient’s be made available to the public via budget request. Proposal budgets that do responsible officer identified in the OMB’s USAspending.gov Web site—as not reflect cost sharing will be deemed application. part of ECA’s Federal Funding not competitive on this criterion. Unsuccessful applicants will receive Accountability and Transparency Act 4. Support of Diversity: Proposals notification of the results of the (FFATA) reporting requirements. should demonstrate substantive support application review from the ECA (2) A SF–PPR, ‘‘Performance Progress of the Bureau’s policy on diversity. program office coordinating this Report’’ Cover Sheet with all program Achievable and relevant features should competition. reports. be cited in both program administration VI.1b. The following additional (3) Quarterly program and financial (selection of participants, program requirements apply to this project: reports for the duration of the program. venue and program evaluation) and All awards made under this Award recipients will be required to program content (orientation and wrap- competition must be executed according provide reports analyzing their up sessions, program meetings, resource to all relevant U.S. laws and policies evaluation findings to the Bureau in materials and follow-up activities). regarding assistance to the Palestinian their regular program reports. (Please Applicants should refer to the Bureau’s Authority, and to the West Bank and refer to IV. Application and Submission Diversity, Freedom and Democracy Gaza. Organizations must consult with Instructions (IV.3.d.3) above for Program Guidelines in the Proposal Submission relevant Public Affairs Offices before Monitoring and Evaluation Instructions (PSI) and the Diversity, entering into any formal arrangements information.) All data collected, including survey Freedom and Democracy Guidelines or agreements with Palestinian responses and contact information, must section, Item IV.3d.2, above for organizations or institutions. additional guidance. be maintained for a minimum of three 5. Post-Grant Activities: Applicants Note: To assure that planning for the years and provided to the Bureau upon should provide a plan to conduct inclusion of the Palestinian Authority request. complies with requirements, please contact activities after the Bureau-funded Thomas Johnston, Tel. (202) 453–8162; e- All reports must be sent to the ECA Grants project has concluded in order to ensure mail: [email protected] for additional Officer and ECA Program Officer listed in the that Bureau-supported programs are not information. final assistance award document. isolated events. Funds for all post-grant VI.4. Optional Program Data activities must be in the form of VI.2. Administrative and National Policy Requirements: Terms and Requirements: contributions from the applicant or Award recipients will be required to Conditions for the Administration of sources outside of the Bureau. Costs for maintain specific data on program ECA agreements include the following: these activities must not appear in the participants and activities in an Office of Management and Budget proposal budget, but should be outlined electronically accessible database format Circular A–122, ‘‘Cost Principles for in the narrative. that can be shared with the Bureau as Nonprofit Organizations.’’ 6. Program Monitoring and required. As a minimum, the data must Office of Management and Budget Evaluation: Proposals should include a include the following: detailed plan to monitor and evaluate Circular A–21, ‘‘Cost Principles for (1) Name, address, contact the program. Program objectives should Educational Institutions.’’ information and biographic sketch of all target clearly defined results in OMB Circular A–87, ‘‘Cost Principles persons who travel internationally on quantitative terms. Competitive for State, Local and Indian funds provided by the agreement or who evaluation plans will describe how Governments.’’ benefit from the award funding but do applicant organizations would measure OMB Circular No. A–110 (Revised), not travel. these results, and proposals should Uniform Administrative Requirements (2) Itineraries of international and include draft data collection for Grants and Agreements with domestic travel, providing dates of instruments (surveys, questionnaires, Institutions of Higher Education, travel and cities in which any exchange etc.) in Tab E. Successful applicants Hospitals, and other Nonprofit experiences take place. Final schedules (grantee institutions) will be expected to Organizations. for in-country and U.S. activities must submit a report after each program OMB Circular No. A–102, Uniform be received by the ECA Program Officer component concludes or on a quarterly Administrative Requirements for at least three work days prior to the basis, whichever is less frequent. The Grants-in-Aid to State and Local official opening of the activity. Bureau also requires that grantee Governments. institutions submit a final narrative and OMB Circular No. A–133, Audits of VII. Agency Contacts financial report no more than 90 days States, Local Government, and Non- For questions about this after the expiration of a grant. profit Organizations. announcement, contact: Brent Beemer, Please reference the following Web Office of Citizen Exchanges, ECA/PE/C, VI. Award Administration Information sites for additional information: Room 220, U.S. Department of State, VI.1a. Award Notices: http://www.whitehouse.gov/omb/grants. SA–44, 301 4th Street, SW., Final awards cannot be made until http://fa.statebuy.state.gov. Washington, DC 20547, (202) 453–8147, funds have been appropriated by VI.3. Reporting Requirements: You [email protected]. Congress, allocated and committed must provide ECA with a hard copy All correspondence with the Bureau through internal Bureau procedures. original plus one electronic copy of the concerning this RFGP should reference Successful applicants will receive a following reports: the above title and number ECA/PE/C– Federal Assistance Award (FAA) from A final program and financial report 09–01. the Bureau’s Grants Office. The FAA no more than 90 days after the Please read the complete and the original proposal with expiration of the award; announcement before sending inquiries

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or submitting proposals. Once the RFGP FOR FURTHER INFORMATION CONTACT: and follow the instructions for sending deadline has passed, Bureau staff may George Soteropoulos, Aerospace your comments electronically. not discuss this competition with Engineer, Federal Aviation • Mail: Send comments to the Docket applicants until the proposal review Administration, Aircraft Certification Management Facility; U.S. Department process has been completed. Service, Aircraft Engineering Division, of Transportation, 1200 New Jersey Technical Programs and Continued Avenue, SE., West Building Ground VIII. Other Information Airworthiness Branch, AIR–120, Room Floor, Room W12–140, Washington, DC Notice: 815, 800 Independence Avenue, SW., 20590. The terms and conditions published Washington, DC 20591. Telephone (202) • Fax: Fax comments to the Docket in this RFGP are binding and may not 267–9796, FAX (202) 267–5340, or e- Management Facility at 202–493–2251. be modified by any Bureau mail at: [email protected]. • Hand Delivery: Bring comments to representative. Explanatory information SUPPLEMENTARY INFORMATION: the Docket Management Facility in provided by the Bureau that contradicts Room W12–140 of the West Building published language will not be binding. Background Ground Floor at 1200 New Jersey Issuance of the RFGP does not It is believed that the minimum Avenue, SE., Washington, DC, between constitute an award commitment on the performance standard (MPS) prescribed 9 a.m. and 5 p.m., Monday through part of the Government. The Bureau in Appendix 1 of TSO–C23e for Friday, except Federal holidays. reserves the right to reduce, revise, or personnel parachute assemblies and Privacy: We will post all comments increase proposal budgets in accordance components thereof, differs significantly we receive, without change, to http:// with the needs of the program and the from the version submitted for public www.regulations.gov, including any availability of funds. Awards made will comment. For that reason we are personal information you provide. be subject to periodic reporting and cancelling TSO–C23e to allow for Using the search function of our docket evaluation requirements per section VI.3 further review and discussions with Web site, anyone can find and read the above. interested industry groups and comments received into any of our Dated: November 25, 2008. associations to ensure safety through a dockets, including the name of the Goli Ameri, coordinated agreed-upon MPS. individual sending the comment (or Assistant Secretary for Educational and Issued in Washington, DC on November 19, signing the comment for an association, Cultural Affairs, Department of State. 2008. business, labor union, etc.). You may [FR Doc. E8–28737 Filed 12–3–08; 8:45 am] Susan J.M. Cabler, review DOT’s complete Privacy Act BILLING CODE 4710–05–P Assistant Manager, Aircraft Engineering Statement in the Federal Register Division, Aircraft Certification Service. published on April 11, 2000 (65 FR [FR Doc. E8–28229 Filed 12–3–08; 8:45 am] 19477–78). DEPARTMENT OF TRANSPORTATION BILLING CODE 4910–13–M Docket: To read background documents or comments received, go to Federal Aviation Administration http://www.regulations.gov at any time DEPARTMENT OF TRANSPORTATION or to the Docket Management Facility in Personnel Parachute Assemblies TSO– Room W12–140 of the West Building C23e Federal Aviation Administration Ground Floor at 1200 New Jersey AGENCY: Federal Aviation [Summary Notice No. PE–2008–35] Avenue, SE., Washington, DC, between Administration, DOT. 9 a.m. and 5 p.m., Monday through Petition for Exemption; Summary of Friday, except Federal holidays. ACTION: Notice of cancellation. Petition Received FOR FURTHER INFORMATION CONTACT: SUMMARY: The minimum performance AGENCY: Federal Aviation Laverne Brunache (202) 267–3133 or standard (MPS) for Personnel Parachute Administration (FAA), DOT. Tyneka Thomas (202) 267–7626, Office Assemblies and Components contained of Rulemaking, Federal Aviation ACTION: Notice of petition for exemption in Appendix 1 of technical standard Administration, 800 Independence received. order (TSO)–C23e is substantially Avenue, SW., Washington, DC 20591. different from the version submitted for SUMMARY: This notice contains a This notice is published pursuant to public comment. As such, this notice summary of a petition seeking relief 14 CFR 11.85. announces the cancellation of TSO– from specified requirements of 14 CFR. Issued in Washington, DC, on December 1, C23e. The purpose of this notice is to improve 2008. DATES: TSO–C23e is cancelled as of the public’s awareness of, and Pamela Hamilton-Powell, December 4, 2008. participation in, this aspect of FAA’s Director, Office of Rulemaking. ADDRESSES: Send all inquiries regulatory activities. Neither publication pertaining to the cancellation of TSO– of this notice nor the inclusion or Petition for Exemption 23e to: Federal Aviation Administration, omission of information in the summary Docket No.: FAA–2008–0760. Aircraft Certification Service, Aircraft is intended to affect the legal status of Petitioner: Endless Mountain Pilots. Engineering Division, Room 815, 800 the petition or its final disposition. Section of 14 CFR Affected: 14 CFR Independence Avenue, SW., DATES: Comments on this petition must 91.146, 91.147, and part 136, subpart A. Washington, DC 20591. ATTN: George identify the petition docket number Description of Relief Sought: Endless Soteropoulos, AIR–120. You may involved and must be received on or Mountain Pilots requests an exemption deliver your inquiries to: Federal before December 24, 2008. from 14 CFR §§ 91.146, 91.147, and part Aviation Administration, Room 815, ADDRESSES: You may send comments 136, subpart A to allow the following: 800 Independence Avenue, SW., identified by Docket Number FAA– (1) An aircraft owner who is not piloting Washington, DC 20591. Include in the 2008–0760 using any of the following his/her own aircraft or the airport owner subject line of your electronic message methods: of Seamans Field Airport in the following: Inquiries, FAA TSO–23e, • Government-wide rulemaking Web Factoryville, PA (9N3) who rents aircraft Personnel Parachute Assemblies. site: Go to http://www.regulations.gov in the normal course of business to

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share with the pilot in command (PIC) operation with the aircraft owner and/ 5(d)(2) of the Home Owners’ Loan Act, the fuel, oil, and operating cost of such or PIC. the Office of Thrift Supervision has duly flight if such aircraft owner chooses; (2) [FR Doc. E8–28718 Filed 12–3–08; 8:45 am] appointed the Federal Deposit Insurance an aircraft owner who is not piloting BILLING CODE 4910–13–P Corporation as sole Receiver for Downey his/her own aircraft or the airport owner Savings and Loan Association, F.A., of 9N3 to allow the use of his/her Newport Beach, California (OTS No. aircraft at no expense to the PIC, if such DEPARTMENT OF THE TREASURY 06189). aircraft owner so wishes; (3) an airport Dated: November 21, 2008. owner of 9N3 to offer fuel at a Office of Thrift Supervision reasonable discount rate which would By the Office of Thrift Supervision. be no less than his actual cost of the Downey Savings and Loan Sandra E. Evans, fuel; and (4) Endless Mountain Pilots to Association, F.A.; Newport Beach, CA; Federal Register Liaison. share the cost of fuel, oil, and aircraft Notice of Appointment of Receiver [FR Doc. E8–28624 Filed 12–3–08; 8:45 am] Notice is hereby given that, pursuant BILLING CODE 6720–01–M to the authority contained in section

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Part II

The President Executive Order 13480—Exclusions From the Federal Labor-Management Relations Program

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Federal Register Presidential Documents Vol. 73, No. 234

Thursday, December 4, 2008

Title 3— Executive Order 13480 of November 26, 2008

The President Exclusions From the Federal Labor-management Relations Program

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 7103(b)(1) of title 5, United States Code, and in order to reflect the effects of the reorganization and restructuring of the Departments of Energy, Homeland Security, Justice, Transportation, and the Treasury on their subdivisions exempted from cov- erage under the Federal Labor-Management Relations Program, it is hereby ordered as follows: Section 1. Determinations. The subdivisions of the Departments of Energy, Homeland Security, Justice, Transportation, and the Treasury set forth in sections 2 through 6 of this order are hereby determined to have as a primary function intelligence, counterintelligence, investigative, or national security work. It is further determined that chapter 71 of title 5, United States Code, cannot be applied to these subdivisions in a manner consistent with national security requirements and considerations. Sec. 2. Department of Energy. Executive Order 12171 of November 19, 1979, as amended, is further amended by revising section 1–210 to read as follows: ‘‘1–210. Agencies or subdivisions of the Department of Energy: (a) The National Nuclear Security Administration. (b) The Office of Intelligence. (c) The Office of Counterintelligence. (d) The Office of Intelligence and Counterintelligence. (e) The Savannah River Operations Office.’’ Sec. 3. Department of Homeland Security. Executive Order 12171 of Novem- ber 19, 1979, as amended, is further amended by revising section 1–214 to read as follows: ‘‘1–214. Agencies or subdivisions of the Department of Homeland Security: (a) Office of the Military Advisor. (b) The following office within the Management Directorate: (1) Office of Security. (c) Office of Operations Coordination. (d) Office of Counternarcotics Enforcement. (e) Office of Intelligence and Analysis. (f) Domestic Nuclear Detection Office. (g) The following offices and subdivisions within the United States Coast Guard: (1) Maritime Intelligence Fusion Centers, Atlantic. (2) Pacific Area Intelligence Division. (3) Intelligence Coordination Center. (4) Coast Guard Investigative Service. (5) Coast Guard Security Center.

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(h) The following offices and subdivisions within United States Immigra- tion and Customs Enforcement: (1) The Office of Investigations. (2) The Office of International Affairs. (3) The Office of Intelligence. (4) The National Incident Response Unit. (i) The following office within the Transportation Security Administration: (1) The Office of Law Enforcement/Federal Air Marshal Service. (j) The following office within United States Customs and Border Protec- tion: (1) The Office of Intelligence and Operations Coordination. (k) The following offices and subdivisions within the Federal Emergency Management Agency: (1) The following offices and subdivisions within the Office of National Continuity Programs: (A) The Office of the Assistant Administrator. (B) The Operations Division. (C) The Continuity of Operations Division. (D) The Readiness Division. (E) The Integrated Public Alert and Warning Systems Division. (2) The following subdivisions within the Disaster Operations Directorate: (A) The Mobile Emergency Response Support Operations, including Mobile Emergency Response Support Detachments. (B) The FEMA Operations Center. (C) The Alternate FEMA Operations Center.‘‘ Sec. 4. Department of Justice. Executive Order 12171 of November 19, 1979, as amended, is further amended by: (a) revising subsection (g) of section 1–209 to read as follows: ‘‘(g) National Security Division.’’; and (b) adding to the end of section 1–209 the following new subsection: ‘‘(h) Bureau of Alcohol, Tobacco, Firearms, and Explosives.’’ Sec. 5. Department of Transportation. Executive Order 12171 of November 19, 1979, as amended, is further amended by revising section 1–213 to read as follows: ‘‘1–213. The following subdivision of the Federal Aviation Administration (FAA), Department of Transportation: National Security Coordination Divi- sion, Office of Emergency Operations and Investigations, FAA Office of Security and Hazardous Materials.’’ Sec. 6. Department of the Treasury. Executive Order 12171 of November 19, 1979, as amended, is further amended by revising section 1–203 to read as follows: ‘‘1–203. Agencies or subdivisions of the Department of the Treasury: (a) The Office of Terrorism and Financial Intelligence. (b) The Financial Crimes Enforcement Network. (c) Criminal Investigation, Internal Revenue Service. (d) The Trade Analysis and Enforcement Division, Alcohol and Tobacco Tax and Trade Bureau.‘‘

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Sec. 7. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, November 26, 2008.

[FR Doc. E8–28912 Filed 12–3–08; 11:15 am] Billing code 3195–W9–P

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Reader Aids Federal Register Vol. 73, No. 234 Thursday, December 4, 2008

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 1316...... 73549 Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 26 CFR The United States Government Manual 741–6000 8324...... 73149 301...... 73180 8325...... 73151 Other Services Proposed Rules: Executive Orders: 1...... 73197 Electronic and on-line services (voice) 741–6020 12171 (amended by Privacy Act Compilation 741–6064 13480) ...... 73991 28 CFR 741–6043 Public Laws Update Service (numbers, dates, etc.) 13480...... 73991 73...... 73181 TTY for the deaf-and-hard-of-hearing 741–6086 5 CFR 29 CFR ELECTRONIC RESEARCH Proposed Rules: 4022...... 72715 9901...... 73606 4044...... 72716 World Wide Web 7 CFR Proposed Rules: Full text of the daily Federal Register, CFR and other publications 1926...... 73197 is located at: http://www.gpoaccess.gov/nara/index.html 984...... 73761 1430...... 73764 30 CFR Federal Register information and research tools, including Public Proposed Rules: 938...... 72717 Inspection List, indexes, and links to GPO Access are located at: 1205...... 72747 l http://www.archives.gov/federal register 1487...... 73617 31 CFR E-mail 560...... 73788 10 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Proposed Rules: 32 CFR an open e-mail service that provides subscribers with a digital 1010...... 72748 form of the Federal Register Table of Contents. The digital form 706 ...... 72725, 73556, 73557 of the Federal Register Table of Contents includes HTML and 11 CFR Proposed Rules: PDF links to the full text of each document. 185...... 73896 111...... 72687 To join or leave, go to http://listserv.access.gpo.gov and select 33 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list 12 CFR Proposed Rules: (or change settings); then follow the instructions. 308...... 73153 117...... 72752 PENS (Public Law Electronic Notification Service) is an e-mail 327...... 73158 service that notifies subscribers of recently enacted laws. 701...... 73392 34 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 702...... 72688 300...... 73006 and select Join or leave the list (or change settings); then follow 704...... 72688 37 CFR the instructions. 14 CFR 381...... 72726 FEDREGTOC-L and PENS are mailing lists only. We cannot 1...... 73768 respond to specific inquiries. 39 ...... 73165, 73168, 73169, 38 CFR Reference questions. Send questions and comments about the 73545, 73782, 73785 53...... 73558 Federal Register system to: [email protected] 91...... 73171 39 CFR The Federal Register staff cannot interpret specific documents or 101...... 73768 regulations. 121...... 73171 Proposed Rules: 125...... 73171 3001...... 72754 400...... 73768 FEDERAL REGISTER PAGES AND DATE, DECEMBER 401...... 73768 40 CFR 420...... 73768 72687–73148...... 1 52...... 73562 Proposed Rules: 73149–73544...... 2 63...... 72727 23...... 73195 180...... 73580, 73586 73545–73760...... 3 39...... 73618 261...... 72912 73761–73994...... 4 262...... 72912 15 CFR 1045...... 73789 770...... 73547 1054...... 73789 774...... 73547 1065...... 73789 Proposed Rules: 18 CFR Ch. I ...... 73620 284...... 72692, 73494 60...... 72962, 73629 61...... 73629 21 CFR 63 ...... 72756, 73629, 73631 556...... 72714 180...... 73632 558...... 72714 260...... 73520 1300...... 73549 261...... 73520 1315...... 73549 264...... 73520

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265...... 73520 69...... 72732 Proposed Rules: 679...... 73222 268...... 73520 73...... 73192 213...... 73078 270...... 73520 Proposed Rules: 390...... 73129 273...... 73520 73...... 73199 391...... 73129 571...... 72758 42 CFR 48 CFR 575...... 72758 440...... 73694 Proposed Rules: 579...... 72758 536...... 73199 43 CFR 1804...... 73201 50 CFR 3800...... 73789 1845...... 73202 17...... 73794 1852...... 73201, 73202 229...... 73032 44 CFR 300...... 72737 67...... 73182 49 CFR 404...... 73592 192...... 72737 622...... 73192 47 CFR 383...... 73096 660...... 72739, 72740 51...... 72732 384...... 73096 Proposed Rules: 54...... 72732 390...... 73096 17...... 73211 61...... 72732 391...... 73096 622...... 73219

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REMINDERS Provisions; published 11- Florida and South GSAR Case 2006G510; The items in this list were 4-08 Carolina; Open for Rewrite of GSAR Part editorially compiled as an aid comments until further 504, Administrative to Federal Register users. COMMENTS DUE NEXT notice; published 2-11- Matters; comments due 08 [FR 08-00596] by 12-8-08; published 10- Inclusion or exclusion from WEEK this list has no legal National Emission Standards 9-08 [FR E8-22794] significance. for Hazardous Air Pollutants GSAR Case 2007G507; AGRICULTURE From Petroleum Refineries; Describing Agency Needs; DEPARTMENT comments due by 12-10-08; comments due by 12-8- RULES GOING INTO Animal and Plant Health published 11-10-08 [FR E8- 08; published 10-9-08 [FR EFFECT DECEMBER 4, Inspection Service 26403] E8-23703] 2008 Tuberculosis in Cattle and National Emission Standards GSAR Case 2008G505; Bison; State and Zone for Hazardous Air Pollutants Rewrite of GSAR Part Designations: and Hazardous Air 514, Sealed Bidding; AGRICULTURE Pollutants for Source comments due by 12-9- DEPARTMENT Minnesota; comments due by 12-9-08; published 10- Categories: 08; published 10-10-08 Forest Service 10-08 [FR E8-24223] Performance Specification [FR E8-22795] Sale and Disposal of National and Quality Assurance AGRICULTURE HEALTH AND HUMAN Forest Service System Requirements for SERVICES DEPARTMENT DEPARTMENT Continuous Parameter Timber, etc.; published 11-4- Food and Drug Commodity Credit Monitoring Systems, etc.; 08 Administration Corporation comments due by 12-8- ENVIRONMENTAL Over-the-Counter Sunscreen McGovern Dole International 08; published 10-9-08 [FR PROTECTION AGENCY Drug Products for Human Food for Education and E8-22674] Use: Navajo Nation; Underground Child Nutrition Program and National Volatile Organic Injection Control (UIC) Food for Progress Program; Compound Emission Ecamsule Eligibility for Program; Primacy Approval; comments due by 12-8-08; Standards for Aerosol Inclusion in Monograph; published 11-4-08 published 10-24-08 [FR E8- Coatings; comments due by Request for Safety and INTERIOR DEPARTMENT 25186] 12-8-08; published 11-7-08 Effectiveness Data; comments due by 12-11- Land Management Bureau AGRICULTURE [FR E8-26614] Pesticide Tolerance 08; published 9-12-08 [FR Mining Claims Under the DEPARTMENT E8-21291] General Mining Laws; Nomenclature Changes; Foreign Agricultural Service HEALTH AND HUMAN published 12-4-08 Technical Amendments; McGovern Dole International comments due by 12-9-08; SERVICES DEPARTMENT PERSONNEL MANAGEMENT Food for Education and published 10-10-08 [FR E8- Request for Information OFFICE Child Nutrition Program and 24027] Regarding Sections 101 Emergency Leave Transfer Food for Progress Program; Pesticide Tolerances: through 104 of the Genetic Program; published 11-4-08 comments due by 12-8-08; Cymoxanil; comments due Information SOCIAL SECURITY published 10-24-08 [FR E8- by 12-8-08; published 10- Nondiscrimination Act (of ADMINISTRATION 25186] 8-08 [FR E8-23864] 2008); comments due by Technical Revisions to DEFENSE DEPARTMENT FEDERAL 12-9-08; published 10-10-08 Overpayment Rules; Defense Contract Management COMMUNICATIONS [FR E8-24194] published 11-4-08 Agency (DCMA) Privacy COMMISSION HOMELAND SECURITY Program; comments due by TRANSPORTATION Petition of South Slope for DEPARTMENT 12-8-08; published 10-9-08 DEPARTMENT Classification as an Coast Guard [FR E8-23999] Incumbent Local Exchange Federal Aviation Drawbridge Operation Office of the Secretary of Carrier: Administration Regulations: Defense and Joint Staff Oxford, Tiffin and Solon, Harlem River, New York, Airworthiness Directives: Freedom of Information Act Iowa Exchanges; Section NY; comments due by 12- Eclipse Aviation Corporation Program; comments due by 251(h)(2); comments due 10-08; published 11-10-08 Model EA500 Airplanes; 12-8-08; published 10-9-08 by 12-10-08; published [FR E8-26669] published 11-24-08 11-10-08 [FR E8-26813] [FR E8-23998] HOMELAND SECURITY TRANSPORTATION ENERGY DEPARTMENT Television Broadcasting DEPARTMENT Services: DEPARTMENT Advanced Technology Federal Emergency Ann Arbor, MI; comments Federal Highway Vehicles Manufacturing Management Agency due by 12-8-08; published Administration Incentive Program; 11-6-08 [FR E8-26509] Management Costs; comments Engineering and Traffic comments due by 12-12-08; due by 12-11-08; published Hayes Center, NE; Operations: published 11-12-08 [FR E8- 11-24-08 [FR E8-27839] comments due by 12-8- 26832] Temporary Traffic Control 08; published 11-6-08 [FR Proposed Flood Elevation Devices; Work Zone ENVIRONMENTAL E8-26507] Determinations; comments Safety Protection PROTECTION AGENCY Television Broadcasting due by 12-8-08; published Measures for Workers Approval and Promulgation of Services; Grand Island, NE; 9-9-08 [FR E8-20822] and Motorists; published Implementation Plans: comments due by 12-12-08; HOUSING AND URBAN 12-5-07 Revisions to the Nevada published 11-12-08 [FR E8- DEVELOPMENT VETERANS AFFAIRS State Implementation 26734] DEPARTMENT DEPARTMENT Plan; Clark County; FEDERAL HOUSING Federal Housing Enterprise Civilian Health and Medical comments due by 12-8- FINANCING AGENCY Oversight Office Program of the Department 08; published 11-7-08 [FR Flood Insurance; comments Flood Insurance; comments of Veterans Affairs E8-26513] due by 12-9-08; published due by 12-9-08; published (CHAMPVA): Environmental Statements; 10-10-08 [FR E8-24043] 10-10-08 [FR E8-24043] Expansion of Benefit Notice of Intent: GENERAL SERVICES INTERIOR DEPARTMENT Coverage for Prostheses Coastal Nonpoint Pollution ADMINISTRATION Fish and Wildlife Service and Enuretic (Bed-wetting) Control Programs; States General Services Acquisition Endangered and Threatened Devices; Miscellaneous and Territories— Regulation: Wildlife and Plants;

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Designation of Critical Waste Confidence Decision Morehead, KY; comments The text of laws is not Habitat for the Louisiana Update; comments due by due by 12-8-08; published published in the Federal Black Bear; comments due 12-8-08; published 10-9-08 10-22-08 [FR E8-25073] Register but may be ordered by 12-12-08; published 11- [FR E8-23381] Proposed Amendment of in ‘‘slip law’’ (individual 12-08 [FR E8-26733] TRANSPORTATION Class E Airspace; Bethel, pamphlet) form from the INTERIOR DEPARTMENT DEPARTMENT AK; comments due by 12- Superintendent of Documents, U.S. Government Printing Surface Mining Reclamation Federal Aviation 12-08; published 10-28-08 Office, Washington, DC 20402 and Enforcement Office Administration [FR E8-25714] (phone, 202–512–1808). The Montana Regulatory Program; Proposed Establishment of Airworthiness Directives: text will also be made comments due by 12-10-08; Class E Airspace: Boeing Model 737 100, 200, available on the Internet from published 11-10-08 [FR E8- Branson, MO; comments 200C, 300, 400, and 500 GPO Access at http:// 26703] due by 12-8-08; published Series Airplanes; 10-22-08 [FR E8-25049] www.gpoaccess.gov/plaws/ LABOR DEPARTMENT comments due by 12-8- index.html. Some laws may Proposed Modifications of Employee Benefits Security 08; published 10-22-08 not yet be available. Class E Airspace: Administration [FR E8-25048] Alamosa, CO; comments Request for Information H.R. 2040/P.L. 110–451 DG Flugzeugbau GmbH due by 12-12-08; Regarding Sections 101 Models DG-1000S and published 10-28-08 [FR Civil Rights Act of 1964 through 104 of the Genetic DG-1000T Gliders; E8-25732] Commemorative Coin Act Information comments due by 12-8- (Dec. 2, 2008; 122 Stat. 5021) Nondiscrimination Act (of 08; published 11-6-08 [FR TREASURY DEPARTMENT 2008); comments due by E8-26236] Internal Revenue Service S. 602/P.L. 110–452 12-9-08; published 10-10-08 Public Approval Guidance for Hawker Beechcraft Child Safe Viewing Act of [FR E8-24194] Corporation Model 390 Tax-Exempt Bonds; comments due by 12-8-08; 2007 (Dec. 2, 2008; 122 Stat. Selection of Annuity Providers Airplanes; comments due 5025) - Safe Harbor for Individual by 12-8-08; published 10- published 9-9-08 [FR E8- Account Plans; comments 9-08 [FR E8-23643] 20771] S. 1193/P.L. 110–453 due by 12-8-08; published Reportable Transaction: Hawker Beechcraft To direct the Secretary of the 10-7-08 [FR E8-23427] Corporation Model Section 6707A and the Interior to take into trust 2 LABOR DEPARTMENT BAe.125 Series 800A Failure to Include on any parcels of Federal land for the Occupational Safety and (including C-29A and U- Return or Statement any benefit of certain Indian Health Administration 125) Airplanes, and Information Required to Pueblos in the State of New be Disclosed; comments Cranes and Derricks in Hawker Beechcraft Model Mexico, and for other due by 12-10-08; Construction; comments due Hawker 800XP Airplanes; purposes. (Dec. 2, 2008; 122 published 9-11-08 [FR E8- by 12-8-08; published 10-9- comments due by 12-8- Stat. 5027) 21158] 08 [FR E8-21993] 08; published 10-7-08 [FR E8-23400] Request for Information Last List December 2, 2008 NATIONAL MD Helicopters, Inc. Model Regarding Sections 101 TRANSPORTATION SAFETY through 104 of the Genetic BOARD 600N Helicopters; comments due by 12-9- Information Notification and Reporting of Nondiscrimination Act (of Public Laws Electronic Aircraft Accidents or 08; published 10-10-08 [FR E8-23540] 2008); comments due by Notification Service Incidents and Overdue 12-9-08; published 10-10-08 (PENS) Piper Aircraft, Inc. Models Aircraft, and Preservation of [FR E8-24194] Aircraft Wreckage, Mail, PA-46-350P, PA-46R- Cargo, and Records; 350T, and PA-46-500TP PENS is a free electronic mail comments due by 12-8-08; Airplanes; comments due LIST OF PUBLIC LAWS notification service of newly published 10-7-08 [FR E8- by 12-9-08; published 10- enacted public laws. To 23665] 10-08 [FR E8-24136] This is a continuing list of subscribe, go to http:// Stemme GmbH & Co. KG NUCLEAR REGULATORY public bills from the current listserv.gsa.gov/archives/ Models S10 and S10 V COMMISSION session of Congress which publaws-l.html Consideration of Gliders; comments due by have become Federal laws. It Environmental Impacts of 12-8-08; published 11-6- may be used in conjunction Note: This service is strictly Temporary Storage of Spent 08 [FR E8-26235] with ‘‘P L U S’’ (Public Laws for E-mail notification of new Fuel After Cessation of Establishment of Class E Update Service) on 202–741– laws. The text of laws is not Reactor Operation; Airspace: 6043. This list is also available through this service. comments due by 12-8-08; Dallas, GA; comments due available online at http:// PENS cannot respond to published 10-9-08 [FR E8- by 12-8-08; published 10- www.archives.gov/federal- specific inquiries sent to this 23384] 22-08 [FR E8-25054] register/laws.html. address.

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