12–16–09 Wednesday Vol. 74 No. 240 Dec. 16, 2009

Pages 66563–66906

VerDate Nov 24 2008 18:36 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\16DEWS.LOC 16DEWS hsrobinson on DSK69SOYB1PROD with PROPOSALS6 II Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office of the Federal Register, National Archives and Records PUBLIC Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published by act of Congress, and other Federal agency documents of public Subscriptions: interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.federalregister.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases on GPO Access, a service of the U.S. Government Printing Office. The online edition of the Federal Register www.gpoaccess.gov/ nara, available through GPO Access, is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. For more information about GPO Access, contact the GPO Access User Support Team, call toll free 1-888-293-6498; DC area 202- 512-1530; fax at 202-512-1262; or via e-mail at [email protected]. The Support Team is available between 7:00 a.m. and 9:00 p.m. Eastern Time, Monday–Friday, except official holidays. The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Printing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1- 866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 74 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

.

VerDate Nov 24 2008 18:36 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\16DEWS.LOC 16DEWS hsrobinson on DSK69SOYB1PROD with PROPOSALS6 III

Contents Federal Register Vol. 74, No. 240

Wednesday, December 16, 2009

Agriculture Department Employment and Training Administration See Animal and Plant Health Inspection Service NOTICES See Commodity Credit Corporation Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 66679–66680 Meetings: BioPreferred Voluntary Labeling Program, 66614–66615 Energy Department See Federal Energy Regulatory Commission Animal and Plant Health Inspection Service RULES Environmental Protection Agency Recognition of Breeds and Books of Record of Purebred RULES Animals; CFR Correction, 66567 Time-Limited Pesticide Tolerances: 2,6-Diisopropylnaphthalene (2,6-DIPN), 66574–66580 Arts and Humanities, National Foundation NOTICES See National Foundation on the Arts and the Humanities Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66638–66639 Commerce Department Pesticide Products; Registration Applications, 66639–66640 See Economic Development Administration Pesticide Registrations: See Foreign-Trade Zones Board Dibromo-3-nitrilopropionamide et al., 66640–66642 See International Trade Administration Product Cancellation Order: See National Oceanic and Atmospheric Administration Carbaryl, 66642–66644 Receipt of a Pesticide Petition Filed for Residues of Commodity Credit Corporation Pesticide Chemicals in or on Various Commodities, 66644–66645 RULES Registration Review; Pesticide Dockets Opened for Review Sugar Program Definitions; CFR Correction, 66567 and Comment, 66645–66648 Commodity Futures Trading Commission Executive Office of the President PROPOSED RULES See Presidential Documents Operation, in the Ordinary Course, of a Commodity Broker See Trade Representative, Office of United States in Bankruptcy, 66598–66601 Federal Aviation Administration Consumer Product Safety Commission RULES NOTICES Class E Airspace; Establishment: Identifying Labels for Drywall Under Section 14(c) of the Clarks Point, AK, 66570–66571 Consumer Product Safety Act; Inquiry; Request for Elim, AK, 66571–66572 Comments and Information, 66622–66624 Class E Airspace; Revision: Provisional Acceptance of a Settlement Agreement and Manokotak, AK, 66572 Order: Special Conditions: Excelligence Learning Corporation, d/b/a Discount School Embraer (Empresa Brasileira de Aeronautica S.A.), Model Supply, 66624–66626 EMB–505; Automatic Inhibition of Ice Protection System, 66567–66570 Copyright Royalty Board PROPOSED RULES PROPOSED RULES Class E Airspace; Amendments: Determination of Rates and Terms for Preexisting Huntingburg, IN, 66592–66593 Subscription Services and Satellite Digital Audio Radio Class E Airspace; Establishment: Services, 66601–66602 Koyukuk, AK, 66594–66595 Shaktoolik, AK, 66593–66594 Defense Department Class E Airspace; Revision: NOTICES Dillingham, AK, 66595–66597 Agency Information Collection Activities; Proposals, Scammon Bay, AK, 66597–66598 Submissions, and Approvals, 66662–66663 Meetings: Federal Communications Commission Defense Advisory Committee on Military Personnel NOTICES Testing, 66626 Agency Information Collection Activities; Proposals, TRICARE Over-the-Counter Drug Demonstration Project, Submissions, and Approvals, 66648–66651 66626–66627 Petition for Reconsiderations of Actions in Rulemaking Proceedings, 66652 Economic Development Administration NOTICES Federal Election Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 66615–66616 Meetings; Sunshine Act, 66652

VerDate Nov<24>2008 18:39 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\16DECN.SGM 16DECN hsrobinson on DSK69SOYB1PROD with PROPOSALS5 IV Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Contents

Federal Emergency Management Agency Federal Reserve System RULES NOTICES Suspension of Community Eligibility, 66580–66583 Formations of, Acquisitions by, and Mergers of Bank PROPOSED RULES Holding Companies, 66660 Proposed Flood Elevation Determinations, 66602–66613 NOTICES Incident Command System Forms Booklet (FEMA 502–2), Fish and Wildlife Service 66666 PROPOSED RULES Major Disaster and Related Determinations: Endangered and Threatened Wildlife and Plants: Arkansas, 66666–66667 Partial 90-Day Finding on a Petition To List 475 Species as Threatened or Endangered With Critical Habitat, Federal Energy Regulatory Commission 66866–66905 NOTICES NOTICES Endangered Species Recovery Permit Applications, 66668– Applications: 66670 FFP Qualified Hydro 14, LLC, 66629–66630 Final Comprehensive Conservation Plan: Lock Hydro Friends Fund XVIII, LLC, 66628 Ernest F. Hollings ACE Basin National Wildlife Refuge, Lock Hydro Friends Fund XXII, LLC, 66627–66628 Charleston, Beaufort, Colleton, and Hampton Lock+ Hydro Friends Fund XIX, LLC, 66629 Counties, SC, 66672–66673 Lock+ Hydro Friends Fund XXIV, LLC, 66628–66629 Mandalay National Wildlife Refuge, Terrebonne Parish, McGinnis, Inc., 66627, 66630–66631 LA, 66673–66674 Muskingum Valley Hydro, 66630 Issuance of Permits, 66674–66675 Combined Notice of Filings, 66631–66634 Receipt of Applications for Permit, 66675 Effectiveness of Exempt Wholesale Generator Status: BP Wind Energy North America Inc., 66634–66635 Extension of Time to Proved Comments: Food and Drug Administration Small Hydropower Development in the United States, RULES 66635 Implantation or Injectable Dosage Form New Animal Drugs: Filings: Florfenicol, 66573–66574 Tres Amigas LLC, 66635 New Animal Drugs: Initial Market-Based Rate Filing: Change of Sponsor; Ketamine, 66573 Buffalo Ridge II, LLC, 66636 Elk Creek Wind II, LLC, 66636 Foreign-Trade Zones Board Medicine Bow Power Partners, LLC, 66636–66637 NOTICES Meetings: Application for Temporary/Interim Manufacturing Technical Conference on Commission Policy on Authority: Commencement of Accrual of Allowance for Funds Foreign-Trade Zone 33—Pittsburgh, PA, 66617–66618 Used During Construction, 66637 Foreign-Trade Zone 238 Dublin, VA, Application for Petition for Rate Approval: Subzone: Enogex L.L.C., 66637 VF Corporation (Apparel, Footwear, and Luggage Request for Clarification: Distribution), Martinsville, VA, 66621–66622 Market-Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities, 66637–66638 General Services Administration RULES Federal Financial Institutions Examination Council Civilian Board of Contract Appeals: NOTICES BCA Case 2009–61–1; Rules of Procedure of the Civilian Reverse Mortgage Products: Board of Contract Appeals, 66584–66585 Guidance for Managing Compliance and Reputation NOTICES Risks, 66652–66660 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66661–66663 Federal Highway Administration RULES Health and Human Services Department National Standards for Traffic Control Devices: See Food and Drug Administration Manual on Uniform Traffic Control Devices for Streets See National Institutes of Health and Highways; Revision, 66730–66863 NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Secretary’s Advisory Committee on Genetics, Health, and Submissions, and Approvals, 66723–66725 Society, 66663

Federal Maritime Commission Homeland Security Department NOTICES See Federal Emergency Management Agency Agreements Filed, 66660–66661 See U.S. Customs and Border Protection RULES Federal Railroad Administration Prohibition on Federal Protective Service Guard Services NOTICES Contracts With Business Concerns Owned, Controlled, Agency Information Collection Activities; Proposals, or Operated by an Individual Convicted of a Felon; Submissions, and Approvals, 66722–66723 Correction, 66584

VerDate Nov<24>2008 18:39 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\16DECN.SGM 16DECN hsrobinson on DSK69SOYB1PROD with PROPOSALS5 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Contents V

Housing and Urban Development Department National Institute of Corrections NOTICES NOTICES Agency Information Collection Activities; Proposals, Solicitation for a Cooperative Agreement: Submissions, and Approvals, 66667–66668 Working With Mental Illness in Corrections; A Framework, Strategies and Best Practices, 66677– Interior Department 66679 See Fish and Wildlife Service See Minerals Management Service National Institutes of Health See National Park Service NOTICES Meetings: International Trade Administration National Center for Complementary and Alternative NOTICES Medicine, 66663–66664 Antidumping: National Institute of Diabetes and Digestive and Kidney Polyester Staple Fiber From the Republic of Korea, 66616 Diseases, 66664–66665 Tetrahydrofurfuryl Alcohol From the People’s Republic National Institute on Aging, 66664 of China, 66616–66617 Extension of Time Limit for Preliminary Results of National Oceanic and Atmospheric Administration Antidumping Duty Administrative Review: RULES Magnesium Metal From the Russian Federation, 66619 Atlantic Highly Migratory Species: Final Results and Final Rescission in Part of Antidumping North and South Atlantic Swordfish Quotas, 66585– Duty Administrative Review: 66588 Certain Stainless Steel Butt-Weld Pipe Fittings From NOTICES Taiwan, 66620–66621 Endangered Species; File No. 14506: Receipt of Application, 66618 International Trade Commission Establishment of a Recreational Fisheries Working Group: NOTICES Marine Fisheries Advisory Committee, 66618–66619 Investigations: National Park Service Multimedia Display and Navigation Devices and Systems, NOTICES 66676 Environmental Impact Statements; Availability, etc.: Elkmont Historic District, Great Smoky Mountains Justice Department National Park, TN, 66671–66672 See National Institute of Corrections Fort Stanwix, National Monument, Rome, NY, 66670– NOTICES Consent Decrees: 66671 United States v. Elan Chemical Co., Inc., 66676–66677 Nuclear Regulatory Commission PROPOSED RULES Labor Department Draft Technical Basis for Rulemaking Revising Security See Employment and Training Administration Requirements for Facilities Storing SNF and HLW, 66589–66592 Library of Congress NOTICES See Copyright Royalty Board Environmental Impact Statements; Availability, etc.: South Carolina Electric & Gas Co., Virgil C. Summer Maritime Administration Nuclear Station, Unit 1, Fairfield County, SC, 66697– NOTICES 66698 Environmental Impact Statements; Availability, etc.: Meetings; Sunshine Act, 66698 TORP Terminal LP, Bienville Offshore Energy Terminal Liquefied Natural Gas Deepwater Port License Office of United States Trade Representative Application; Correction, 66725–66726 See Trade Representative, Office of United States Millennium Challenge Corporation Personnel Management Office NOTICES RULES Quarterly Report (July 1, 2009—September 30, 2009), Continuation of Eligibility for Certain Civil Service Benefits 66680–66696 for Former Federal Employees of the Civilian Marksmanship Program, 66565–66567 Minerals Management Service RULES Presidential Documents Outer Continental Shelf Oil and Gas Leasing; CFR EXECUTIVE ORDERS Correction, 66574 Government Agencies and Employees: Half-Day Closing of Executive Departments and Agencies National Aeronautics and Space Administration on December 24 (EO 13523), 66563 NOTICES Agency Information Collection Activities; Proposals, Securities and Exchange Commission Submissions, and Approvals, 66662–66663 NOTICES Application for Registration as a National Securities National Foundation on the Arts and the Humanities Exchange: NOTICES C2 Options Exchange, Inc., 66699–66710 Meetings: Approval of Investment Adviser Registration Depository Arts Advisory Panel, 66696–66697 Filing Fees, 66710–66711

VerDate Nov<24>2008 18:39 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\16DECN.SGM 16DECN hsrobinson on DSK69SOYB1PROD with PROPOSALS5 VI Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Contents

Self-Regulatory Organizations; Proposed Rule Changes: U.S. Customs and Border Protection Chicago Board Options Exchange, Inc., 66711–66715 NOTICES NASDAQ OMX PHLX, Inc., 66715–66718 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66665–66666 Tennessee Valley Authority NOTICES Record of Decision: Separate Parts In This Issue Mountain Reservoirs Land Management Plan, Chatuge, Hiwassee, Blue Ridge, et al. Reservoirs, Georgia, Part II North Carolina, and Tennessee, 66726–66728 Transportation Department, Federal Highway Administration, 66730–66863

Trade Representative, Office of United States Part III NOTICES Interior Department, Fish and Wildlife Service, 66866– Determination of Trade Surplus in Certain Sugar and Syrup 66905 Goods and Sugar Containing Products: Chile, Morocco, et al., 66718–66720 Request for Comments: Reader Aids Proposed Trans-Pacific Partnership Trade Agreement, Consult the Reader Aids section at the end of this page for 66720–66722 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Transportation Department To subscribe to the Federal Register Table of Contents See Federal Aviation Administration LISTSERV electronic mailing list, go to http:// See Federal Highway Administration listserv.access.gpo.gov and select Online mailing list See Federal Railroad Administration archives, FEDREGTOC-L, Join or leave the list (or change See Maritime Administration settings); then follow the instructions.

VerDate Nov<24>2008 18:39 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\16DECN.SGM 16DECN hsrobinson on DSK69SOYB1PROD with PROPOSALS5 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Contents VII

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: 13523...... 66563 5 CFR 831...... 66565 842...... 66565 870...... 66565 890...... 66565 7 CFR 1435...... 66567 9 CFR 151...... 66567 10 CFR Proposed Rules: 72...... 66589 73...... 66589 14 CFR 23...... 66567 71 (3 documents) ...... 66570, 66571, 66572 Proposed Rules: 71 (5 documents) ...... 66592, 66593, 66594, 66595, 66597 17 CFR Proposed Rules: 190...... 66598 21 CFR 510...... 66573 522 (2 documents) ...... 66573 23 CFR 665...... 66730 30 CFR 260...... 66574 37 CFR Proposed Rules: 382...... 66601 40 CFR 180...... 66574 44 CFR 64...... 66580 Proposed Rules: 67...... 66602 48 CFR 3009...... 66584 3052...... 66584 6101...... 66584 50 CFR 300...... 66585 635...... 66585 Proposed Rules: 17...... 66866

VerDate Nov 24 2008 18:42 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\16DELS.LOC 16DELS hsrobinson on DSK69SOYB1PROD with PROPOSALS3 66563

Federal Register Presidential Documents Vol. 74, No. 240

Wednesday, December 16, 2009

Title 3— Executive Order 15323 of December 11, 2009

The President Half-Day Closing of Executive Departments and Agencies on Thursday, December 24, 2009

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. All executive branch departments and agencies of the Federal Government shall be closed and their employees excused from duty for the last half of the scheduled workday on Thursday, December 24, 2009, the day before Christmas Day, except as provided in section 2 of this order. Sec. 2. The heads of executive branch departments and agencies may deter- mine that certain offices and installations of their organizations, or parts thereof, must remain open and that certain employees must remain on duty for the full scheduled workday on December 24, 2009, for reasons of national security, defense, or other public need. Sec. 3. Thursday, December 24, 2009, shall be considered as falling within the scope of Executive Order 11582 of February 11, 1971, and of 5 U.S.C. 5546 and 6103(b) and other similar statutes insofar as they relate to the pay and leave of employees of the United States. Sec. 4. 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 departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, December 11, 2009.

[FR Doc. E9–30020

Filed 12–15–09; 8:45 am] Billing code 3195–W0–P

VerDate Nov<24>2008 07:52 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 WReier-Aviles on DSKGBLS3C1PROD with NOTICES6 OB#1.EPS 66565

Rules and Regulations Federal Register Vol. 74, No. 240

Wednesday, December 16, 2009

This section of the FEDERAL REGISTER transition would continue to be eligible, List of Subjects in 5 CFR Part 890 contains regulatory documents having general during continuous employment with the Administrative practice and applicability and legal effect, most of which Corporation, for the Federal health, are keyed to and codified in the Code of procedure, Government employees, retirement, and similar benefits Health facilities, Health insurance, Federal Regulations, which is published under (including life insurance) for which the 50 titles pursuant to 44 U.S.C. 1510. Health professions, Hostages, Iraq, employee would have been eligible had Kuwait, Lebanon, Military personnel, The Code of Federal Regulations is sold by the employee continued to be employed Reporting and recordkeeping the Superintendent of Documents. Prices of by the Department of Defense. The final requirements, Retirement. new books are listed in the first FEDERAL rule provides that the affected REGISTER issue of each week. employees will be treated under all of Office of Personnel Management. the applicable benefits programs on the John Berry, same basis as if the individuals had Director. OFFICE OF PERSONNEL remained as employees of the Federal ■ The Office of Personnel Management MANAGEMENT Government. is amending 5 CFR parts 831, 842, 870, OPM received no comments on the and 890, as follows: 5 CFR Parts 831, 842, 870, and 890 proposed rule. Since publication of the RIN 3206–AJ55 proposed rule, OPM has further updated PART 831—RETIREMENT each of the authority citations to reflect ■ 1. The authority citation for part 831 Continuation of Eligibility for Certain other changes in the law. Accordingly, is revised to read as follows: Civil Service Benefits for Former we are issuing the proposed regulations Authority: 5 U.S.C. 8347; Sec. 831.102 Federal Employees of the Civilian as final with only a few minor editorial Marksmanship Program also issued under 5 U.S.C. 8334; Sec. 831.106 and formatting changes for clarity. also issued under 5 U.S.C. 552a; Sec. 831.108 AGENCY: U.S. Office of Personnel Regulatory Flexibility Act also issued under 5 U.S.C. 8336(d)(2); Sec. Management. 831.114 also issued under 5 U.S.C. I certify that this rule will not have a 8336(d)(2), and Sec. 1313(b)(5) of Public Law ACTION: Final rule. significant economic impact on a 107–296, 116 Stat. 2135; Sec. 831.201(b)(1) substantial number of small entities also issued under 5 U.S.C. 8347(g); Sec. SUMMARY: The U.S. Office of Personnel 831.201(b)(6) also issued under 5 U.S.C. Management is issuing final regulations because the proposed rule only affects 7701(b)(2); Sec. 831.201(g) also issued under to describe conditions and procedures the employment benefits of a small Secs. 11202(f), 11232(e), and 11246(b) of applicable to the continuation of number (estimated to be fewer than a Public Law 105–33, 111 Stat. 251; Sec. eligibility for certain civil service dozen) former Federal employees now 831.201(g) also issued under Secs. 7(b) and benefits for former Federal employees of employed by the Corporation for the (e) of Public Law 105–274, 112 Stat. 2419; the Civilian Marksmanship Program. Promotion of Rifle Practice and Sec. 831.201(i) also issued under Secs. 3 and Firearms Safety. 7(c) of Public Law 105–274, 112 Stat. 2419; DATES: Effective Date: December 16, Sec. 831.204 also issued under Sec. 102(e) of 2009. Executive Order 12866, Regulatory Public Law 104–8, 109 Stat. 102, as amended by Sec. 153 of Public Law 104–134, 110 Stat. FOR FURTHER INFORMATION CONTACT: Review 1321; Sec. 831.205 also issued under Sec. Kristine Prentice or Roxann Johnson, This rule has been reviewed by the 2207 of Public Law 106–265, 114 Stat. 784; 202–606–0299. Office of Management and Budget in Sec. 831.206 also issued under Sec. 1622(b) SUPPLEMENTARY INFORMATION: On June 3, accordance with Executive Order 12866. of Public Law 104–106, 110 Stat. 515; Sec. 2002, the Office of Personnel 831.301 also issued under Sec. 2203 of Public Management (OPM) published (at 67 FR List of Subjects in 5 CFR Part 831 Law 106–265, 114 Stat. 780; Sec. 831.303 also issued under 5 U.S.C. 8334(d)(2) and 38210) proposed regulations to Administrative practice and Sec. 2203 of Public Law 106–235, 114 Stat. implement the benefit-related procedure, Alimony, Claims, Disability 780; Sec. 831.502 also issued under 5 U.S.C. provisions of the ‘‘Corporation for the benefits, Firefighters, Government 8337; Sec. 831.502 also issued under Sec. Promotion of Rifle Practice and employees, Income taxes, 1(3), E.O. 11228, 3 CFR 1965–1965 Comp. p. Firearms Safety Act,’’ Public Law 104– Intergovernmental relations, Law 317; Sec. 831.663 also issued under Secs. 106, 110 Stat. 515, by amending parts enforcement officers, Pensions, 8339(j) and (k)(2); Secs. 831.663 and 831.664 831, 842, 870, and 890 of title 5, Code Reporting and recordkeeping also issued under Sec. 11004(c)(2) of Public of Federal Regulations. The Act created Law 103–66, 107 Stat. 412; Sec. 831.682 also requirements, Retirement. issued under Sec. 201(d) of Public Law 99– a private, non-profit corporation, and List of Subjects in 5 CFR Part 842 251, 100 Stat. 23; Sec. 831.912 also issued transferred the Civilian Marksmanship under Sec. 636 of Appendix C to Public Law Program from the Department of Air traffic controllers, Alimony, 106–554, 114 Stat. 2763A–164; Subpart V Defense to the new corporation. Section Firefighters, Government employees, also issued under 5 U.S.C. 8343a and Sec. 1622 of the Act provides that Law enforcement officers, Pensions, 6001 of Public Law 100–203, 101 Stat. 1330– individuals employed by the Retirement. 275; Sec. 831.2203 also issued under Sec. Department of Defense to support the 7001(a)(4) of Public Law 101–508, 104 Stat. List of Subjects in 5 CFR Part 870 1388–328. Civilian Marksmanship Program as of the day before the date of the transfer of Administrative practice and Subpart B—Coverage the Program to the Corporation who procedure, Government employees, were offered and accepted employment Hostages, Iraq, Kuwait, Lebanon, Life ■ 2. Add § 831.206 to subpart B to read by the Corporation as part of the insurance, Retirement. as follows:

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES 66566 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

§ 831.206 Continuation of coverage for PART 842—FEDERAL EMPLOYEES of any other part within this title former Federal employees of the Civilian RETIREMENT SYSTEM—BASIC relating to FERS. The individual is Marksmanship Program. ANNUITY entitled to the benefits of, and is subject (a) A Federal employee who— to all conditions under, FERS on the ■ (1) Was covered under CSRS; 3. The authority citation for part 842 same basis as if the individual were an is revised to read as follows: employee of the Federal Government. (2) Was employed by the Department (b) Cessation of employment with the of Defense to support the Civilian Authority: 5 U.S.C. 8461(g); Secs. 842.104 Corporation for any period terminates Marksmanship Program as of the day and 842.106 also issued under 5 U.S.C. 8461(n); Sec. 842.104 also issued under Secs. eligibility for coverage under FERS before the date of the transfer of the 3 and 7(c) of Public Law 105–274, 112 Stat. during any subsequent employment by Program to the Corporation for the 2419; Sec. 842.105 also issued under 5 U.S.C. the Corporation. Promotion of Rifle Practice and 8402(c)(1) and 7701(b)(2); Sec. 842.106 also (c) An individual described by Firearms Safety; and issued under Sec. 102(e) of Public Law 104– paragraph (a) of this section may at any (3) Was offered and accepted 8, 109 Stat. 102, as amended by Sec. 153 of time file an election to terminate employment by the Corporation as part Public Law 104–134, 110 Stat. 1321–102; continued coverage under the Federal Sec. 842.107 also issued under Secs. of the transition described in section benefits described in § 1622(a) of Public 1612(d) of Public Law 104–106, 110 11202(f), 11232(e), and 11246(b) of Public Law 105–33, 111 Stat. 251, and Sec. 7(b) of Law 104–106, 110 Stat. 521. Such an Stat. 517—remains covered by CSRS Public Law 105–274, 112 Stat. 2419; Sec. election must be in writing and filed during continuous employment with the 842.108 also issued under Sec. 7(e) of Public with the Corporation. It takes effect Corporation unless the individual files Law 105–274, 112 Stat. 2419; Sec. 842.109 immediately when received by the an election under paragraph (c) of this also issued under Sec. 1622(b) of Public Law Corporation. The election applies to any section. Such a covered individual is 104–106, 110 Stat. 515; Sec. 842.213 also and all Federal benefits described by treated as if he or she were a Federal issued under 5 U.S.C. 8414(b)(1)(B) and section 1622(a) of Public Law 104–106, employee for purposes of this part, and Sec.1313(b)(5) of Public Law 107–296, 116 110 Stat. 521, and is irrevocable. The Stat. 2135; Secs. 842.304 and 842.305 also of any other part within this title Corporation must transmit the election relating to CSRS. The individual is issued under Sec. 321(f) of Public Law 107– 228, 116 Stat. 1383, Secs. 842.604 and to OPM with the individual’s retirement entitled to the benefits of, and is subject 842.611 also issued under 5 U.S.C. 8417; Sec. records. to all conditions under, CSRS on the 842.607 also issued under 5 U.S.C. 8416 and (d) The Corporation must withhold same basis as if the individual were an 8417; Sec. 842.614 also issued under 5 U.S.C. from the pay of an individual described employee of the Federal Government. 8419; Sec. 842.615 also issued under 5 U.S.C. by paragraph (a) of this section an (b) Cessation of employment with the 8418; Sec. 842.703 also issued under Sec. amount equal to the percentage Corporation for any period terminates 7001(a)(4) of Public Law 101–508, 104 Stat. withheld from the pay of a Federal eligibility for coverage under CSRS 1388; Sec. 842.707 also issued under Sec. employee for periods of service covered 6001 of Public Law 100–203, 101 Stat. 1300; during any subsequent employment by Sec. 842.708 also issued under Sec. 4005 of by FERS and, in accordance with the Corporation. Public Law 101–239, 103 Stat. 2106 and Sec. procedures established by OPM, pay (c) An individual described by 7001 of Public Law 101–508, 104 Stat. 1388; into the Civil Service Retirement and paragraph (a) of this section may at any Subpart H also issued under 5 U.S.C. 1104; Disability Fund the amounts deducted time file an election to terminate Sec. 842.810 also issued under Sec. 636 of from the individual’s pay. continued coverage under the Federal Appendix C to Public Law 106–554 at 114 (e) The Corporation must, in benefits described in § 1622(a) of Public Stat. 2763A–164; Sec. 842.811 also issued accordance with procedures established Law 104–106, 110 Stat. 521. Such an under Sec. 226(c)(2) of Public Law 108–176, by OPM, pay into the Civil Service 117 Stat. 2529. election must be in writing and filed Retirement and Disability Fund amounts equal to any agency with the Corporation. It takes effect Subpart A—Coverage immediately when received by the contributions required under FERS. Corporation. The election applies to all ■ 4. Add § 842.109 to read as follows: PART 870—FEDERAL EMPLOYEES’ Federal benefits described by § 1622(a) § 842.109 Continuation of coverage for GROUP LIFE INSURANCE PROGRAM of Public Law 104–106, 110 Stat. 521, former Federal employees of the Civilian and is irrevocable. Upon receipt of an Marksmanship Program. ■ 5. The authority citation for part 870 election, the Corporation must transmit (a) A Federal employee who was is revised to read as follows: the election to OPM with the covered under FERS; Authority: 5 U.S.C. 8716; Subpart J also individual’s retirement records. (1) Was employed by the Department issued under Sec. 599C, Public Law 101–513, (d) The Corporation must withhold of Defense to support the Civilian 104 Stat. 2064, as amended; Sec. from the pay of an individual described Marksmanship Program as of the day 870.302(a)(3)(ii) also issued under Sec.153, by paragraph (a) of this section an before the date of the transfer of the Public Law 104–134, 110 Stat. 1321; Sec. 870.302(a)(3) also issued under Secs. amount equal to the percentage Program to the Corporation for the withheld from the pay of a Federal 11202(f), 11232(e), and 11246(b) and (c) of Promotion of Rifle Practice and Public Law 105–33, 111 Stat. 251 and Sec. employee for periods of service covered Firearms Safety; and 7(e), Public Law 105–274, 112 Stat. 2419; by CSRS and, in accordance with (2) Was offered and accepted Sec. 870.510 also issued under Sec. 1622(b) procedures established by OPM, pay employment by the Corporation as part of Public Law 104–106, 110 Stat. 515. into the Civil Service Retirement and of the transition described in section Disability Fund the amounts deducted 1612(d) of Public Law 104–106, 110 Subpart E—Coverage from the individual’s pay. Stat. 517—remains covered by FERS ■ 6. Add § 870.510 to read as follows: (e) The Corporation must, in during continuous employment with the accordance with procedures established Corporation unless the individual files § 870.510 Continuation of eligibility for by OPM, pay into the Civil Service an election under paragraph (c) of this former Federal employees of the Civilian Retirement and Disability Fund section. Such a covered individual is Marksmanship Program. amounts equal to any agency treated as if he or she were a Federal (a) A Federal employee who was contributions required under CSRS. employee for purposes of this part, and employed by the Department of Defense

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66567

to support the Civilian Marksmanship § 890.111 Continuation of eligibility for ‘‘ability to market’’, reinstate the Program as of the day before the date of former Federal employees of the Civilian definition of ‘‘allocation’’ to read as the transfer of the Program to the Marksmanship Program. follows: Corporation for the Promotion of Rifle (a) A Federal employee who was § 1435.2 Definitions. Practice and Firearms Safety, and was employed by the Department of Defense offered and accepted employment by to support the Civilian Marksmanship * * * * * Allocation means the division of the the Corporation as part of the transition Program as of the day before the date of beet sugar allotment among the sugar described in section 1612(d) of Public the transfer of the Program to the beet processors in the United States and Law 104–106, 110 Stat. 517, is deemed Corporation for the Promotion of Rifle the division of each State’s cane sugar to be an employee for purposes of this Practice and Firearms Safety, and was offered and accepted employment by allotment among the State’s sugarcane part during continuous employment processors. with the Corporation unless the the Corporation as part of the transition described in section 1612(d) of Public * * * * * individual files an election under Law 104–106, 110 Stat. 517, is deemed § 831.206(c) or § 842.109(c) of this title. [FR Doc. E9–30019 Filed 12–15–09; 8:45 am] to be an employee for purposes of this Such a covered individual is treated as BILLING CODE 1505–01–D part during continuous employment if he or she were a Federal employee for with the Corporation unless the purposes of this part, and of any other individual files an election under DEPARTMENT OF AGRICULTURE part within this title relating to FEGLI. § 831.206(c) or § 842.109(c) of this title. The individual is entitled to the benefits Such a covered individual is treated as Animal and Plant Health Inspection of, and is subject to all conditions if he or she were a Federal employee for Service under, FEGLI on the same basis as if the purposes of this part, and of any other individual were an employee of the part within this title relating to the 9 CFR Part 151 Federal Government. FEHB Program. The individual is Recognition of Breeds and Books of (b) Cessation of employment with the entitled to the benefits of, and is subject Record of Purebred Animals Corporation for any period terminates to all conditions under, the FEHB eligibility for coverage under FEGLI as Program on the same basis as if the CFR Correction individual were an employee of the an employee during any subsequent In Title 9 of the Code of Federal Federal Government. employment by the Corporation. Regulations, Parts 1 to 199, revised as of (b) Cessation of employment with the (c) The Corporation must withhold January 1, 2009, on page 961, in § 151.1, Corporation for any period terminates from the pay of an individual described remove the paragraph designation from eligibility for coverage under the FEHB by paragraph (a) of this section an the definition of ‘‘The Act’’ and place Program as an employee during any amount equal to the premiums withheld the definition in alphabetical order; and subsequent employment by the from the pay of a Federal employee for on page 970, remove the sectional Corporation. authority citation at the end of § 151.9. FEGLI coverage and, in accordance with (c) The Corporation must withhold procedures established by OPM, pay from the pay of an individual described [FR Doc. E9–30036 Filed 12–15–09; 8:45 am] into the Employees’ Life Insurance Fund by paragraph (a) of this section an BILLING CODE 1505–01–D the amounts deducted from the amount equal to the premiums withheld individual’s pay. from the pay of a Federal employee for (d) The Corporation must, in FEHB coverage and, in accordance with DEPARTMENT OF TRANSPORTATION accordance with procedures established procedures established by OPM, pay by OPM, pay into the Employees’ Life into the Employees Health Benefits Federal Aviation Administration Insurance Fund amounts equal to any Fund the amounts deducted from the agency contributions required under individual’s pay. 14 CFR Part 23 FEGLI. (d) The Corporation must, in [Docket No. CE304; Special Conditions No. accordance with procedures established 23–244–SC] PART 890—FEDERAL EMPLOYEES by OPM, pay into the Employees Health HEALTH BENEFITS PROGRAM Benefits Fund amounts equal to any Special Conditions: Embraer (Empresa agency contributions required under the Brasileira de Aeronautica S.A.), Model ■ 7. The authority citation for part 890 FEHB Program. EMB–505; Automatic Inhibition of Ice Protection System is revised to read as follows: [FR Doc. E9–29878 Filed 12–15–09; 8:45 am] Authority: 5 U.S.C. 8913; Sec. 890.303 BILLING CODE 6325–39–P AGENCY: Federal Aviation also issued under Sec. 50 U.S.C. 403p, 22 Administration (FAA), DOT. U.S.C. 4069c and 4069c–1; Subpart L also ACTION: Final special conditions; request issued under Sec. 599C of Public Law 101– DEPARTMENT OF AGRICULTURE for comments. 513, 104 Stat. 2064, as amended; Sec. 890.102 also issued under Secs. 11202(f), Commodity Credit Corporation SUMMARY: These special conditions are 11232(e), 11246(b) and (c) of Public Law issued for the Embraer model EMB–505 105–33, 111 Stat. 251; Sec. 721 of Public Law 7 CFR Part 1435 airplane. This airplane will have a novel 105–261, 112 Stat. 2061 unless otherwise or unusual design feature(s) associated noted; Sec. 890.111 also issued under Sec. Sugar Program Definitions with operation of the airframe ice 1622(b) of Public Law 104–106, 110 Stat. 515. protection system. The applicable CFR Correction airworthiness regulations do not contain Subpart A—Administration and In Title 7 of the Code of Federal adequate or appropriate safety standards General Provisions Regulations, Parts 1200 to 1599, revised for this design feature. These special as of January 1, 2009, on page 617, in conditions contain the additional safety ■ 8. Add § 890.111 to read as follows: § 1435.2, following the definition of standards that the Administrator

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES 66568 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

considers necessary to establish a level without incurring expense or delay. We feet. These examples include a severe of safety equivalent to that established may change these special conditions icing encounter at 37,000 feet and a by the existing airworthiness standards. based on the comments we receive. light icing encounter at 39,000 feet. DATES: The effective date of these If you want us to let you know we These data were solicited from operators special conditions is December 8, 2009. received your comments on these because the data that forms the basis of We must receive your comments by special conditions, send us a pre- part 25, Appendix C were obtained with January 15, 2010. addressed, stamped postcard on which aircraft with an operational ceiling of ADDRESSES: You must mail two copies the docket number appears. We will 22,000 feet. FAA technical report ADS– of your comments to: Federal Aviation stamp the date on the postcard and mail 4 concludes that icing above 30,000 is Administration, Regional Counsel, it back to you. infrequent and not likely to be severe, ACE–7, Attn: Rules Docket No. CE304, Background and airplanes with ice protection 901 Locust, Kansas City, MO 64106. systems designed to part 25, Appendix On October 9, 2006, Embraer applied C ‘‘will probably have no difficulties You may deliver two copies to the for a type certificate for their new model Regional Counsel at the above address. when icing is encountered at high EMB–505. The EMB–505, is a 9 seat, altitudes.’’ However, this assumes the You must mark your comments: Docket pressurized, retractable-gear, twin No. CE304. You may inspect comments ice protection system is available. turbofan-powered aircraft. It will be The system inhibit at high outside air in the Rules Docket weekdays, except certified in the commuter category with temperature is not an issue since ice Federal holidays, between 7:30 a.m. and a takeoff gross weight of 17,968 pounds. accretion is not expected at these 4 p.m. The Embraer model 505 will be certified temperatures. Section 23.1309 is FOR FURTHER INFORMATION CONTACT: Paul for flight in icing conditions and uses adequate to assure adequate system Pellicano, Standards Staff, ACE–111, engine bleed air to provide ice reliability, in other words, the system Federal Aviation Administration, Small protection for the wings and will not be inhibited in conditions in Airplane Directorate, Aircraft empennage. It will have an altitude which it is required. Certification Service, 901 Locust, capability of 45,000 feet. Kansas City, MO 64106; telephone (404) The ice protection system is designed Type Certification Basis 474–5558; facsimile (816) 329–4090. to inhibit operation at altitudes above Under the provisions of 14 CFR 21.17, SUPPLEMENTARY INFORMATION: The FAA 30,000 feet or at high ambient Embraer must show that the model has determined that notice and temperatures (for example, above +8 °C EMB–505 meets the applicable opportunity for prior public comment at altitudes up to 12,000 feet), even if provisions of part 23, as amended by hereon are impracticable because these there are ice accretions on the airframe. Amendments 23–1 through 23–55 procedures would significantly delay If the pilot selects the airframe ice thereto, and the special conditions issuance of the approval design and protection on in these conditions, the adopted by this rulemaking action. thus delivery of the affected aircraft. In airframe ice protection system operation In addition, the certification basis addition, although the substance of will be inhibited and an annunciation includes certain ‘‘exemptions, these special conditions has not been will be provided to the pilot. The equivalent level of safety findings, and subject to the public comment process proposed procedure is to exit icing special conditions that are not relevant in prior instances, the FAA anticipates conditions. There is no means for the to the special conditions adopted by this no adverse comments will be received. pilot to override the system and select rulemaking action.’’ The FAA therefore finds that good cause the airframe ‘‘anti-ice on’’ in these If the Administrator finds that the exists for making these special conditions. Icing conditions can exist at applicable airworthiness regulations conditions effective upon issuance. altitudes where the model 505 wing and (i.e., 14 CFR part 23) do not contain empennage ice protection system is adequate or appropriate safety standards Comments Invited inhibited. It must be shown that the for the model EMB–505 because of a We invite interested people to take Embraer model 505 airplane can operate novel or unusual design feature, special part in this rulemaking by sending safely in icing conditions at altitudes conditions are prescribed under the written comments, data, or views. The above 30,000 feet, or approval for flight provisions of § 21.16. most helpful comments reference a in icing must be restricted to operations In addition to the applicable specific portion of the special below that altitude. Since the airworthiness regulations and special conditions, explain the reason for any certification icing standards defined in conditions, the model EMB–505 must recommended change, and include Appendix C of part 25 do not define comply with the fuel vent and exhaust supporting data. We ask that you send icing conditions above 30,000 feet, icing emission requirements of 14 CFR part us two copies of written comments. conditions standards above 30,000 feet 34 and the noise certification We will file in the docket all and the standards to show safe requirements of 14 CFR part 36 and the comments we receive, as well as a operation must be defined. FAA must issue a finding of regulatory report summarizing each substantive Although the intent of § 23.1419 is for adequacy under § 611 of Public Law 92– public contact with FAA personnel the airplane to safely operate in icing 574, the ‘‘Noise Control Act of 1972.’’ about these special conditions. You can conditions, the regulation only requires The FAA issues special conditions, as inspect the docket before and after the that ‘‘* * * the airplane must be able to defined in § 11.19, under § 11.38 and comment closing date. If you wish to safely operate in the continuous they become part of the type review the docket in person, go to the maximum and intermittent maximum certification basis under § 21.17(a)(2). address in the ADDRESSES section of this icing conditions of part 25, Appendix Special conditions are initially preamble between 7:30 a.m. and 4 p.m., C.’’ 14 CFR part 25, Appendix C lists applicable to the model for which they Monday through Friday, except Federal atmospheric icing conditions for a are issued. Should the type certificate holidays. maximum of 30,000 feet. However, icing for that model be amended later to We will consider all comments we conditions can exist above this altitude. include any other model that receive by the closing date for For example, FAA technical report incorporates the same novel or unusual comments. We will consider comments ADS–4, figure 1–21 includes three design feature, the special conditions filed late if it is possible to do so reported icing encounters above 30,000 would also apply to the other model.

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66569

Novel or Unusual Design Features feet. For this option, icing cues must be approval of these features on the The model EMB–505 will incorporate substantiated or an ice detector airplane. the following novel or unusual design installed. The special condition requires Under standard practice, the effective features: Due to the potential to an AFM limitation prohibiting flight in date of final special conditions would overtemp the engines, the ice protection icing above 30,000 feet; however, a be 30 days after the date of publication system is designed to inhibit operation cockpit placard is also expected. in the Federal Register; however, as the at altitudes above 30,000 feet or at high Typically, there are no Subpart B certification date for the Embraer EMB– ambient temperatures (for example, requirements for airplanes with ice 505 is imminent, the FAA finds that above +8 °C at altitudes up to 12,000 accretion if they are prohibited from good cause exists to make these special feet with both bleed systems operating), flight in icing conditions. However, conditions effective upon issuance. even if there are ice accretions on the since the model EMB–505 is approved List of Subjects in 14 CFR Part 23 airframe. If the pilot selects the for flight in icing conditions for most of its operational envelope, it is necessary Aircraft, Aviation safety, Signs and WINGSTAB switch ON in these symbols. conditions, the airframe anti-ice valves to have adequate stall warning if icing will remain closed. The pilot will is inadvertently encountered above Citation receive a caution CAS message ‘‘A–I 30,000 feet. The requirement on stall warning must be the same as the The authority citation for these WINGSTB OFF’’ making the pilot aware special conditions is as follows: that the wing and horizontal stabilizer requirement for pre-activation ice, as a anti-ice system (WHSAIS) is not minimum. The means of stall warning Authority: 49 U.S.C. 106(g), 40113 and must be the same as for non-icing, and 44701; 14 CFR 21.16; and 14 CFR 11.38 and operational. The proposed procedure is 11.19. to exit icing conditions. There is no the margin must be adequate. This is means for the pilot to override the shown by showing stalling or large roll The Special Conditions excursion can be avoided if the pilot system and select the airframe ‘‘anti-ice Accordingly, pursuant to the delays recovery one second after stall on’’ in these conditions. Icing authority delegated to me by the warning in a one-knot-per-second conditions can exist at altitudes where Administrator, the following special deceleration, wings level and turning the model 505 wing and empennage ice conditions are issued as part of the type flight. The recovery procedure assumes protection system is inhibited. It must certification basis for Embraer EMB–505 the pilot will attempt to minimize be shown that the Embraer model 505 airplanes. altitude loss. airplane can operate safely in icing 1. SC 23.1419: conditions at altitudes above 30,000 The second option allows unrestricted Instead of compliance with § 23.1419, feet, or approval for flight in icing must flight in icing conditions above 30,000 the Embraer EMB–505 must comply be restricted to operations below that feet. The requirements are the same as with the current version of § 23.1419 altitude. Special conditions are required for flight in icing below 30,000 feet. The and the following additional to define the icing conditions above airplane must comply with Subpart B paragraphs: requirements with the defined ice 30,000 feet and the standards to show * * * * * accretions. safe operation above 30,000 feet after (e) If the wing or empennage anti-ice encountering icing conditions. The special conditions prohibit or de-icing systems are controlled in a automatic inhibition of engine ice Discussion manner that inhibit the system protection and also address the issue of operation above certain altitudes The special conditions define the ice ice shedding into the engines. After automatically, with no means for the accretions that Embraer must consider. accreting ice above inhibit altitudes, flight crew to override, the following These ice accretions include a climb airframe ice protection will be activated applies: through continuous maximum once the airplane descends below the (1) Flight in icing conditions will be conditions, plus an encounter above inhibit altitude. Past experience has restricted to altitudes below those where 30,000 feet with the ice protection shown all the accreted ice tends to shed the system cannot be manually system off through a continuous at once for thermal ice protections activated. maximum cloud or intermittent systems. The special conditions for the (i) Substantiated icing cues or an icing maximum cloud. Safe operation must be engines are necessary since loss of detector must be installed to allow shown with the critical encounter. The thrust from both engines is classified as exiting inadvertent icing encounters encounters are through standard cloud a hazard for the EMB–505 class of above the altitude where the system is lengths defined in Appendix C at the airplane. automatically inhibited. critical altitude determined by Embraer. Applicability (ii) There must be a limitation in the The liquid water content is defined at Airplane Flight Manual stating that the the coldest temperature defined for As discussed above, these special airplane is not certificated for flight in continuous maximum and intermittent conditions are applicable to the model icing at altitudes above the altitude in maximum, respectively, in part 25, EMB–505. Should Embraer apply at a which system operation is automatically Appendix C. Although not defined in later date for a change to the type inhibited. the special conditions, as is certificate to include another model (iii) The stall warning must be accomplished for icing certification, it is incorporating the same novel or unusual provided by the same means as in non- expected the median drop size will be design feature, the special conditions icing conditions and must be shown to chosen to provide the highest water would apply to that model as well. provide adequate margin to stall with catch on the wing leading edge. Conclusion the ice accretions defined in paragraphs The special conditions provide two (e)(2)(ii) and (e)(2)(iii). options—prohibit flight in icing This action affects only certain novel As an alternate to complying with conditions above 30,000 feet, or have no or unusual design features on one model paragraph (e)(1), the provisions of restriction above 30,000 feet. of airplanes. It is not a rule of general paragraph (e)(2) apply: The first option allows Embraer to applicability and affects only the (2) For certification without prohibit flight in icing above 30,000 applicant who applied to the FAA for restrictions in icing conditions above

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES 66570 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

the system automatic shut off altitude, DEPARTMENT OF TRANSPORTATION The Rule the airplane controllability, maneuverability, stability, stall Federal Aviation Administration This action amends Title 14 Code of characteristics and stall warning must Federal Regulations (14 CFR) part 71 by not be less than required in part 23, 14 CFR Part 71 establishing Class E airspace at Clarks Subpart B, with stall warning provided Point Airport, AK, to accommodate new by the same means as in non-icing [Docket No. FAA–2009–0197; Airspace RNAV SIAPs at Clarks Point Airport. This Class E airspace will provide conditions, with the following ice Docket No. 09–AAL–4] adequate controlled airspace upward accretions: Establishment of Class E Airspace; from 700 and 1,200 feet above the (i) The ice shape(s) that would be on Clarks Point, AK surface, for the safety and management the airplane after a climb through the of IFR operations at Clarks Point AGENCY: Federal Aviation critical icing conditions of 14 CFR part Airport. 25, Appendix C, Figure 1. Administration (FAA), DOT. The FAA has determined that this ACTION: Final rule. (ii) The critical ice shape(s) from regulation only involves an established paragraph (i) above, plus an exposure to SUMMARY: This action establishes Class body of technical regulations for which one 17.4 nautical mile continuous E airspace at Clarks Point, AK, to frequent and routine amendments are maximum cloud at altitudes between accommodate new Area Navigation necessary to keep them operationally the automatic shut off altitude feet and (RNAV) Standard Instrument Approach current. It, therefore—(1) Is not a the maximum operating altitude with Procedures (SIAPs) at Clarks Point ‘‘significant regulatory action’’ under the ice protection system off. The ice Airport. The FAA is taking this action Executive Order 12866; (2) is not a shape(s) must be based on the liquid to enhance safety and management of ‘‘significant rule’’ under DOT water content for the coldest Instrument Flight Rules (IFR) operations Regulatory Policies and Procedures (44 temperature shown in 14 CFR part 25, at Clarks Point Airport. FR 11034; February 26, 1979); and (3) Appendix C, Figure 1. DATES: Effective 0901 UTC, February 11, does not warrant preparation of a (iii) The critical ice shape(s) from 2010. The Director of the Federal regulatory evaluation, as the anticipated paragraph (i) above plus an exposure to Register approves this incorporation by impact is so minimal. Because this is a one 2.6 nautical mile intermittent reference action under title 1, Code of routine matter that will only affect air traffic procedures and air navigation, it maximum cloud at altitudes between Federal Regulations, part 51, subject to is certified that this rule will not have 30,000 feet and the maximum operating the annual revision of FAA Order a significant economic impact on a altitude with the ice protection system 7400.9 and publication of conforming substantial number of small entities off. The substantiation will assume the amendments. under the criteria of the Regulatory FOR FURTHER INFORMATION CONTACT: Gary liquid water content for the coldest Flexibility Act. temperature shown in 14 CFR part 25, Rolf, AAL–538G, Federal Aviation Appendix C, Figure 4. Administration, 222 West 7th Avenue, The FAA’s authority to issue rules regarding aviation safety is found in The AFM must contain appropriate Box 14, Anchorage, AK 99513–7587; telephone number (907) 271–5898; fax: Title 49 of the United States Code. procedures for activating the airframe (907) 271–2850; e-mail: gary.ctr. Subtitle 1, section 106 describes the ice protection system at altitudes where [email protected]. Internet address: http:// authority of the FAA Administrator. the system can be activated, and for www.faa.gov/about/office_org/ Subtitle VII, Aviation Programs, exiting icing conditions at altitudes headquarters_offices/ato/service_units/ describes in more detail the scope of the where the system is inhibited. systemops/fs/alaskan/rulemaking/. agency’s authority. (f) The engine anti-icing system must SUPPLEMENTARY INFORMATION: This rulemaking is promulgated not be subject to the automatic shut off under the authority described in subtitle History feature but must be operable at any VII, part A, subpart 1, section 40103, altitude. On Wednesday, October 7, 2009, the Sovereignty and use of airspace. Under (g) It must be shown that engine FAA published a notice of proposed that section, the FAA is charged with operation is not affected by ice shedding rulemaking in the Federal Register to prescribing regulations to ensure the from the inboard wing, with the ice establish Class E airspace at Clarks safe and efficient use of the navigable accretions defined in paragraph (e)(2), Point, AK (74 FR 51524). airspace. This regulation is within the after the airplane has descended below Interested parties were invited to scope of that authority because it creates participate in this rulemaking the inhibit altitude. Class E airspace sufficient in size to proceeding by submitting written contain aircraft executing instrument Issued in Kansas City, MO, on December 8, comments on the proposal to the FAA. procedures for the Clarks Point Airport 2009. No comments were received. The rule is and represents the FAA’s continuing Margaret Kline, adopted as proposed. effort to safely and efficiently use the Acting Manager, Small Airplane Directorate, The Class E airspace areas designated navigable airspace. Aircraft Certification Service. as 700/1,200 ft. transition areas are List of Subjects in 14 CFR Part 71 [FR Doc. E9–29847 Filed 12–15–09; 8:45 am] published in paragraph 6005 of FAA Order 7400.9T, Airspace Designations BILLING CODE 4910–13–P Airspace, Incorporation by reference, and Reporting Points, signed August 27, Navigation (air). 2009, and effective September 15, 2009, which is incorporated by reference in 14 Adoption of the Amendment CFR 71.1. The Class E airspace designations listed in this document ■ In consideration of the foregoing, the will be published subsequently in the Federal Aviation Administration Order. amends 14 CFR part 71 as follows:

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66571

PART 71—DESIGNATION OF CLASS A, Register approves this incorporation by traffic procedures and air navigation, it CLASS B, CLASS C, CLASS D, AND reference action under title 1, Code of is certified that this rule will not have CLASS E AIRSPACE AREAS; AIR Federal Regulations, part 51, subject to a significant economic impact on a TRAFFIC SERVICE ROUTES; AND the annual revision of FAA Order substantial number of small entities REPORTING POINTS 7400.9 and publication of conforming under the criteria of the Regulatory amendments. Flexibility Act. ■ 1. The authority citation for 14 CFR The FAA’s authority to issue rules part 71 continues to read as follows: FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL–538G, Federal Aviation regarding aviation safety is found in Authority: 49 U.S.C. 106(g), 40103, 40113, Administration, 222 West 7th Avenue, Title 49 of the United States Code. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Subtitle 1, section 106 describes the 1963 Comp., p. 389. Box 14, Anchorage, AK 99513–7587; telephone number (907) 271–5898; fax: authority of the FAA Administrator. § 71.1 [Amended] (907) 271–2850; e-mail: Subtitle VII, Aviation Programs, describes in more detail the scope of the ■ 2. The incorporation by reference in [email protected]. Internet address: http://www.faa.gov/about/office_org/ agency’s authority. 14 CFR 71.1 of Federal Aviation _ _ This rulemaking is promulgated Administration Order 7400.9T, Airspace headquarters offices/ato/service units/ systemops/fs/alaskan/rulemaking/. under the authority described in subtitle Designations and Reporting Points, VII, part A, subpart 1, section 40103, SUPPLEMENTARY INFORMATION: signed August 27, 2009, and effective Sovereignty and use of airspace. Under September 15, 2009, is amended as History that section, the FAA is charged with follows: On Thursday, August 27, 2009, the prescribing regulations to ensure the Paragraph 6005 Class E Airspace Extending FAA published a notice of proposed safe and efficient use of the navigable Upward From 700 Feet or More Above the rulemaking in the Federal Register to airspace. This regulation is within the Surface of the Earth. establish Class E airspace at Elim, AK scope of that authority because it creates * * * * * (74 FR 43647). Class E airspace sufficient in size to contain aircraft executing instrument AAL AK E5 Clarks Point, AK [New] Interested parties were invited to participate in this rulemaking procedures for the Elim Airport and Clarks Point Airport, AK represents the FAA’s continuing effort (Lat. 58°50′01″ N., long. 158°31′46″ W.) proceeding by submitting written comments on the proposal to the FAA. to safely and efficiently use the That airspace extending upward from 700 navigable airspace. feet above the surface within a 6.3-mile No comments were received. The rule is radius of the Clarks Point Airport, AK; and adopted as proposed. List of Subjects in 14 CFR Part 71 that airspace extending upward from 1,200 The Class E airspace areas designated Airspace, Incorporation by reference, feet above the surface within a 73-mile radius as 700/1,200 ft. transition areas are Navigation (air). of the Clarks Point Airport, AK. published in paragraph 6005 of FAA * * * * * Order 7400.9T, Airspace Designations Adoption of the Amendment and Reporting Points, signed August 27, Issued in Anchorage, AK, on December 3, ■ 2009, and effective September 15, 2009, In consideration of the foregoing, the 2009. Federal Aviation Administration Michael A. Tarr, which is incorporated by reference in 14 CFR 71.1. The Class E airspace amends 14 CFR part 71 as follows: Acting Manager, Alaska Flight Services Information Area Group. designations listed in this document PART 71—DESIGNATION OF CLASS A, will be published subsequently in the [FR Doc. E9–29848 Filed 12–15–09; 8:45 am] CLASS B, CLASS C, CLASS D, AND Order. BILLING CODE 4910–13–P CLASS E AIRSPACE AREAS; AIR The Rule TRAFFIC SERVICE ROUTES; AND REPORTING POINTS This action amends Title 14 Code of DEPARTMENT OF TRANSPORTATION Federal Regulations (14 CFR) part 71 by ■ 1. The authority citation for 14 CFR Federal Aviation Administration establishing Class E airspace at Elim part 71 continues to read as follows: Airport, AK, to accommodate new Authority: 49 U.S.C. 106(g), 40103, 40113, 14 CFR Part 71 RNAV SIAPs at Elim Airport. This Class 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– E airspace will provide adequate 1963 Comp., p. 389. [Docket No. FAA–2009–0200; Airspace controlled airspace upward from 700 Docket No. 09–AAL–5] and 1,200 feet above the surface, for § 71.1 [Amended] ■ Establishment of Class E Airspace; safety and management of IFR 2. The incorporation by reference in Elim, AK operations at Elim Airport. 14 CFR 71.1 of Federal Aviation The FAA has determined that this Administration Order 7400.9T, Airspace AGENCY: Federal Aviation regulation only involves an established Designations and Reporting Points, Administration (FAA), DOT. body of technical regulations for which signed August 27, 2009, and effective ACTION: Final rule. frequent and routine amendments are September 15, 2009, is amended as necessary to keep them operationally follows: SUMMARY: This action establishes Class current. It, therefore—(1) Is not a Paragraph 6005 Class E Airspace Extending E airspace at Elim, AK, to accommodate ‘‘significant regulatory action’’ under new Area Navigation (RNAV) Standard Upward From 700 Feet or More Above the Executive Order 12866; (2) is not a Surface of the Earth. Instrument Approach Procedures ‘‘significant rule’’ under DOT * * * * * (SIAPs) at Elim Airport. The FAA is Regulatory Policies and Procedures (44 taking this action to enhance safety and FR 11034; February 26, 1979); and (3) AAL AK E5 Elim, AK [New] management of Instrument Flight Rules does not warrant preparation of a Elim Airport, AK (IFR) operations at Elim Airport. regulatory evaluation as the anticipated (Lat. 64°36′54″ N., Long. 162°16′14″ W.) DATES: Effective 0901 UTC, February 11, impact is so minimal. Because this is a That airspace extending upward from 700 2010. The Director of the Federal routine matter that will only affect air feet above the surface within a 6.8-mile

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES 66572 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

radius of the Elim Airport, AK, and within Interested parties were invited to executing instrument procedures for the 3.7 miles either side of the 015° bearing from participate in this rulemaking Manokotak Airport and represents the the Elim Airport, AK, extending from the 6.8- proceeding by submitting written FAA’s continuing effort to safely and mile radius, to 12.6 miles north of the Elim, comments on the proposal to the FAA. efficiently use the navigable airspace. Airport, AK; and that airspace extending No comments were received. The rule is upward from 1,200 feet above the surface List of Subjects in 14 CFR Part 71 within a 74-mile radius of the Elim Airport, adopted as proposed. AK. The Class E airspace areas designated as 700/1,200 ft. transition areas are Airspace, Incorporation by reference, * * * * * published in paragraph 6005 of FAA Navigation (air). Issued in Anchorage, AK, on December 3, Order 7400.9T, Airspace Designations Adoption of the Amendment 2009. and Reporting Points, signed August 27, Michael A. Tarr, 2009, and effective September 15, 2009, ■ In consideration of the foregoing, the Acting Manager, Alaska Flight Services which is incorporated by reference in 14 Federal Aviation Administration Information Area Group. CFR 71.1. The Class E airspace amends 14 CFR part 71 as follows: [FR Doc. E9–29849 Filed 12–15–09; 8:45 am] designations listed in this document BILLING CODE 4910–13–P will be published subsequently in the PART 71—DESIGNATION OF CLASS A, Order. CLASS B, CLASS C, CLASS D, AND The Rule CLASS E AIRSPACE AREAS; AIR DEPARTMENT OF TRANSPORTATION TRAFFIC SERVICE ROUTES; AND This action amends Title 14 Code of REPORTING POINTS Federal Aviation Administration Federal Regulations (14 CFR) part 71 by revising Class E airspace at Manokotak ■ 1. The authority citation for 14 CFR 14 CFR Part 71 Airport, AK, to accommodate amended part 71 continues to read as follows: RNAV SIAPs at Manokotak Airport. [Docket No. FAA–2009–0694; Airspace This Class E airspace will provide Authority: 49 U.S.C. 106(g), 40103, 40113, Docket No. 09–AAL–15] adequate controlled airspace upward 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. Revision of Class E Airspace; from 700 and 1,200 feet above the Manokotak, AK surface, for the safety and management of IFR operations at Manokotak Airport. § 71.1 [Amended] AGENCY: Federal Aviation The FAA has determined that this ■ 2. The incorporation by reference in Administration (FAA), DOT. regulation only involves an established 14 CFR 71.1 of Federal Aviation body of technical regulations for which ACTION: Final rule. Administration Order 7400.9T, Airspace frequent and routine amendments are Designations and Reporting Points, SUMMARY: necessary to keep them operationally This action revises Class E signed August 27, 2009, and effective airspace at Manokotak, AK, to current. It, therefore—(1) Is not a September 15, 2009, is amended as accommodate amended Area Navigation ‘‘significant regulatory action’’ under follows: (RNAV) Standard Instrument Approach Executive Order 12866; (2) is not a Procedures (SIAPs) at Manokotak ‘‘significant rule’’ under DOT Paragraph 6005 Class E Airspace Extending Airport. The FAA is taking this action Regulatory Policies and Procedures (44 Upward From 700 feet or More Above the to enhance safety and management of FR 11034; February 26, 1979); and (3) Surface of the Earth. Instrument Flight Rule (IFR) operations does not warrant preparation of a * * * * * at Manokotak Airport. regulatory evaluation as the anticipated AAL AK E5 Manokotak, AK [Revised] DATES: Effective 0901 UTC, February 11, impact is so minimal. Because this is a 2010. The Director of the Federal routine matter that will only affect air Manokotak Airport, AK ° ′ ″ ° ′ ″ Register approves this incorporation by traffic procedures and air navigation, it (Lat. 58 55 55 N., long. 158 54 07 W.) reference action under title 1, Code of is certified that this rule will not have That airspace extending upward from 700 Federal Regulations, part 51, subject to a significant economic impact on a feet above the surface within a 6.4-mile the annual revision of FAA Order substantial number of small entities radius of the Manokotak Airport, AK; and 7400.9 and publication of conforming under the criteria of the Regulatory that airspace extending upward from 1,200 amendments. Flexibility Act. feet above the surface within a 74-mile radius The FAA’s authority to issue rules of the Manokotak Airport, AK. FOR FURTHER INFORMATION CONTACT: Gary regarding aviation safety is found in * * * * * Rolf, AAL–538G, Federal Aviation Title 49 of the United States Code. Administration, 222 West 7th Avenue, Subtitle 1, Section 106 describes the Issued in Anchorage, AK, on December 3, Box 14, Anchorage, AK 99513–7587; authority of the FAA Administrator. 2009. telephone number (907) 271–5898; fax: Subtitle VII, Aviation Programs, Michael A. Tarr, (907) 271–2850; e-mail: describes in more detail the scope of the Acting Manager, Alaska Flight Services [email protected]. Internet address: agency’s authority. _ Information Area Group. http://www.faa.gov/about/office org/ This rulemaking is promulgated [FR Doc. E9–29851 Filed 12–15–09; 8:45 am] headquarters_offices/ato/service_units/ under the authority described in BILLING CODE 4910–13–P systemops/fs/alaskan/rulemaking/. Subtitle VII, Part A, Subpart 1, Section SUPPLEMENTARY INFORMATION: 40103, Sovereignty and use of airspace. Under that section, the FAA is charged History with prescribing regulations to ensure On Tuesday, September 1, 2009, the the safe and efficient use of the FAA published a notice of proposed navigable airspace. This regulation is rulemaking in the Federal Register to within the scope of that authority revise Class E airspace at Manokotak, because it creates Class E airspace AK (74 FR 45142). sufficient in size to contain aircraft

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66573

DEPARTMENT OF HEALTH AND of Food and Drugs and redelegated to DEPARTMENT OF HEALTH AND HUMAN SERVICES the Center for Veterinary Medicine, 21 HUMAN SERVICES CFR parts 510 and 522 are amended as Food and Drug Administration follows: Food and Drug Administration

21 CFR Parts 510 and 522 PART 510—NEW ANIMAL DRUGS 21 CFR Part 522 [Docket No. FDA–2009–N–0665] [Docket No. FDA–2009–N–0665] ■ 1. The authority citation for 21 CFR New Animal Drugs; Change of part 510 continues to read as follows: Implantation or Injectable Dosage Sponsor; Ketamine Form New Animal Drugs; Florfenicol Authority: 21 U.S.C. 321, 331, 351, 352, AGENCY: Food and Drug Administration, 353, 360b, 371, 379e. AGENCY: Food and Drug Administration, HHS. ■ 2. In § 510.600, in the table in HHS. ACTION: Final rule. paragraph (c)(1) alphabetically add a ACTION: Final rule. new entry for ‘‘Bioniche Teoranta’’; and SUMMARY: The Food and Drug SUMMARY: The Food and Drug Administration (FDA) is amending the in the table in paragraph (c)(2) Administration (FDA) is amending the animal drug regulations to reflect a numerically add a new entry for animal drug regulations to reflect change of sponsor for an abbreviated ‘‘063286’’ to read as follows: approval of a supplemental new animal new animal drug application (ANADA) § 510.600 Names, addresses, and drug drug application (NADA) filed by for ketamine hydrochloride injectable labeler codes of sponsors of approved Intervet, Inc. The supplemental NADA solution from Bioniche Animal Health applications. adds Mycoplasma bovis to the bovine USA, Inc., to Bioniche Teoranta. respiratory disease pathogens for which * * * * * DATES: This rule is effective December florfenicol injectable solution is 16, 2009. (c) * * * approved as a treatment. FOR FURTHER INFORMATION CONTACT: (1) * * * DATES: This rule is effective December David R. Newkirk, Center for Veterinary 16, 2009. Medicine (HFV–100), Food and Drug Drug labeler FOR FURTHER INFORMATION CONTACT: Firm name and address code Administration, 7500 Standish Pl., Cindy L. Burnsteel, Center for Rockville, MD 20855, 240–276–8307, e- ***** Veterinary Medicine (HFV–130), Food mail: [email protected]. and Drug Administration, 7500 Standish SUPPLEMENTARY INFORMATION: Bioniche Bioniche Teoranta, Inverin, 063286 Pl., Rockville, MD 20855, 240–276– Animal Health USA, Inc., 119 Rowe Rd., County Galway, Ireland 8341, e-mail: Athens, GA 30601, has informed FDA [email protected]. ***** that it has transferred ownership of, and SUPPLEMENTARY INFORMATION: Intervet, all rights and interest in, ANADA 200– Inc., 56 Livingston Ave., Roseland, NJ 257 for Ketamine HCl (ketamine (2) * * * 07068, filed a supplement to NADA hydrochloride injection, USP) to 141–265 that provides for use of Bioniche Teoranta, Inverin, County Drug labeler Firm name and address NUFLOR GOLD (florfenicol) Injectable Galway, Ireland. Accordingly, the code Solution for treatment of bovine agency is amending the regulations in ***** respiratory disease in beef and non- 21 CFR 522.1222a to reflect the transfer lactating dairy cattle. The supplement of ownership. adds Mycoplasma bovis to the list of In addition, Bioniche Teoranta is not 063286 Bioniche Teoranta, Inverin, County Galway, Ireland pathogens for which use of this product currently listed in the animal drug is approved. The supplemental NADA is regulations as a sponsor of an approved ***** approved as of September 4, 2009, and application. Accordingly, 21 CFR the regulations are amended in 21 CFR 510.600(c) is being amended to add 522.955 to reflect the approval. entries for this sponsor. PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW In accordance with the freedom of This rule does not meet the definition information provisions of 21 CFR part ANIMAL DRUGS of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 20 and 21 CFR 514.11(e)(2)(ii), a it is a rule of ‘‘particular applicability.’’ summary of safety and effectiveness ■ Therefore, it is not subject to the 3. The authority citation for 21 CFR data and information submitted to congressional review requirements in 5 part 522 continues to read as follows: support approval of this application U.S.C. 801–808. Authority: 21 U.S.C. 360b. may be seen in the Division of Dockets List of Subjects Management (HFA–305), Food and Drug § 522.1222a [Amended] Administration, 5630 Fishers Lane, rm. 21 CFR Part 510 1061, Rockville, MD 20852, between 9 ■ 4. In paragraph (b) of § 522.1222a, Administrative practice and a.m. and 4 p.m., Monday through remove ‘‘064847’’ and add in its place procedure, Animal drugs, Labeling, Friday. Reporting and recordkeeping ‘‘063286’’. Under section 512(c)(2)(F)(iii) of the requirements. Dated: December 10, 2009. Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(iii)), this 21 CFR Part 522 Bernadette Dunham, Director, Center for Veterinary Medicine. supplemental approval qualifies for 3 Animal drugs. [FR Doc. E9–29888 Filed 12–15–09; 8:45 am] years of marketing exclusivity beginning ■ Therefore, under the Federal Food, on the date of approval. Drug, and Cosmetic Act and under BILLING CODE 4160–01–S The agency has determined under 21 authority delegated to the Commissioner CFR 25.33 that this action is of a type

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES 66574 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

that does not individually or § 260.122 How long will a royalty available in the electronic docket at cumulatively have a significant effect on suspension volume be effective for a lease http://www.regulations.gov, or, if only the human environment. Therefore, issued in a sale held after November 2000? available in hard copy, at the OPP neither an environmental assessment * * * * * Regulatory Public Docket in Rm. S– nor an environmental impact statement (b) * * * 4400, One Potomac Yard (South Bldg.), is required. (2) You must pay any royalty due 2777 S. Crystal Dr., Arlington, VA. The This rule does not meet the definition under this paragraph, plus late payment Docket Facility is open from 8:30 a.m. of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because interest under § 218.54 of this title, no to 4 p.m., Monday through Friday, it is a rule of ‘‘particular applicability.’’ later than 90 days after the end of the excluding legal holidays. The Docket Therefore, it is not subject to the period for which royalty is owed. Facility telephone number is (703) 305– congressional review requirements in 5 (3) Any production on which you 5805. U.S.C. 801–808. must pay royalty under this paragraph FOR FURTHER INFORMATION CONTACT: will count toward the production List of Subjects in 21 CFR Part 522 Leonard Cole, Biopesticides and volume determined under §§ 260.120 Pollution Prevention Division (7511P), Animal drugs. through 260.124. Office of Pesticide Programs, ■ Therefore, under the Federal Food, * * * * * Environmental Protection Agency, 1200 Drug, and Cosmetic Act and under [FR Doc. E9–30016 Filed 12–15–09; 8:45 am] Pennsylvania Ave., NW., Washington, authority delegated to the Commissioner BILLING CODE 1505–01–D DC 20460–0001; telephone number: of Food and Drugs and redelegated to (703) 305–5412; e-mail address: the Center for Veterinary Medicine, 21 [email protected]. CFR part 522 is amended as follows: ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: PART 522—IMPLANTATION OR AGENCY I. General Information INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS 40 CFR Part 180 A. Does this Action Apply to Me? [EPA–HQ–OPP–2009–0802; FRL–8798–5] ■ 1. The authority citation for 21 CFR You may be potentially affected by part 522 continues to read as follows: this action if you are an agricultural 2,6-Diisopropylnaphthalene (2,6-DIPN); producer, food manufacturer, or Authority: 21 U.S.C. 360b. Time-Limited Pesticide Tolerances pesticide manufacturer. Potentially ■ 2. In § 522.955, revise paragraph AGENCY: Environmental Protection affected entities may include, but are (d)(1)(i)(B) and in paragraph (d)(1)(i)(C), Agency (EPA). not limited to: in the first sentence, remove ‘‘last’’ to • Crop production (NAICS code ACTION: Final rule. read as follows: 111). • Animal production (NAICS code § 522.955 Florfenicol. SUMMARY: This regulation establishes time-limited tolerances for residues of 112). * * * * * • Food manufacturing (NAICS code (d) * * * 2,6-diisopropylnaphthalene (2,6-DIPN), including its metabolites and 311). (1) * * * • Pesticide manufacturing (NAICS (i) * * * degradates, resulting from post-harvest applications to potatoes, in or on code 32532). (B) Indications for use. For treatment This listing is not intended to be various commodities. Loveland of bovine respiratory disease (BRD) exhaustive, but rather provides a guide Products, Incorporated requested these associated with Mannheimia for readers regarding entities likely to be tolerances under the Federal Food, haemolytica, Pasteurella multocida, affected by this action. Other types of Drug, and Cosmetic Act (FFDCA). The Histophilus somni, and Mycoplasma entities not listed in this unit could also tolerances will expire on May 18, 2012. bovis in beef and non-lactating dairy be affected. The North American cattle. DATES: This regulation is effective Industrial Classification System * * * * * December 16, 2009. Objections and (NAICS) codes have been provided to Dated: December 10, 2009. requests for hearings must be received assist you and others in determining on or before February 16, 2010, and Bernadette Dunham, whether this action might apply to must be filed in accordance with the Director, Center for Veterinary Medicine. certain entities. If you have any instructions provided in 40 CFR part questions regarding the applicability of [FR Doc. E9–29875 Filed 12–15–09; 8:45 am] 178 (see also Unit I.C. of the BILLING CODE 4160–01–S this action to a particular entity, consult SUPPLEMENTARY INFORMATION). the person listed under FOR FURTHER ADDRESSES: EPA has established a INFORMATION CONTACT. docket for this action under docket DEPARTMENT OF THE INTERIOR identification (ID) number EPA–HQ– B. How Can I Access Electronic Copies of this Document? Minerals Management Service OPP–2009–0802. All documents in the docket are listed in the docket index In addition to accessing electronically 30 CFR Part 260 available at http://www.regulations.gov. available documents at http:// Although listed in the index, some www.regulations.gov, you may access Outer Continental Shelf Oil and Gas information is not publicly available, this Federal Register document Leasing e.g., Confidential Business Information electronically through the EPA Internet (CBI) or other information whose under the ‘‘Federal Register’’ listings at CFR Correction disclosure is restricted by statute. http://www.epa.gov/fedrgstr. You may In Title 30 of the Code of Federal Certain other material, such as also access a frequently updated Regulations, Parts 200 to 699, revised as copyrighted material, is not placed on electronic version of 40 CFR part 180 of July 1, 2009, on page 549, in the Internet and will be publicly through the Government Printing § 260.122, reinstate paragraphs (b)(2) available only in hard copy form. Office’s e-CFR cite at http:// and (b)(3) to read as follows: Publicly available docket materials are www.gpoaccess.gov/ecfr.

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66575

C. Can I File an Objection or Hearing residues of the biochemical pesticide increased the petitioned-for tolerance Request? 2,6-DIPN in or on the following food levels for all of the livestock Under section 408(g) of FFDCA, 21 commodities: Cattle, fat at 0.8 ppm; commodities and added two new U.S.C. 346a, any person may file an cattle, liver at 0.3 ppm; cattle, meat at tolerances for ‘‘milk, fat’’ and ‘‘potatoes, objection to any aspect of this regulation 0.1 ppm; cattle, meat byproducts at 0.1 granules/flakes.’’ EPA also revised and may also request a hearing on those ppm; goat, fat at 0.8 ppm; goat, liver at commodity terms, as necessary, to agree objections. The EPA procedural 0.3 ppm; goat, meat at 0.1 ppm; goat, with the Agency’s Food and Feed meat byproducts at 0.1 ppm; hog, fat at Commodity Vocabulary. The Agency is regulations which govern the 0.8 ppm; hog, liver at 0.3 ppm; hog, also issuing time-limited tolerances at submission of objections and requests meat at 0.1 ppm; hog, meat byproducts this time instead of permanent for hearings appear in 40 CFR part 178. at 0.1 ppm; horse, fat at 0.8 ppm; horse, tolerances. The reasons for these You must file your objection or request liver at 0.3 ppm; horse, meat at 0.1 ppm; changes are explained in Unit IV.E. a hearing on this regulation in horse, meat byproducts at 0.1 ppm; milk accordance with the instructions III. Aggregate Risk Assessment and at 0.1 ppm; potato at 2.0 ppm; potato, provided in 40 CFR part 178. To ensure Determination of Safety wet peel at 6.0 ppm; sheep, fat at 0.8 proper receipt by EPA, you must ppm; sheep, liver at 0.3 ppm; sheep, Section 408(b)(2)(A)(i) of FFDCA identify docket ID number EPA–HQ– meat at 0.1 ppm; and sheep, meat allows EPA to establish a tolerance (the OPP–2009–0802 in the subject line on byproducts at 0.1 ppm. The proposed legal limit for a pesticide chemical the first page of your submission. All tolerance levels were based on results of residue in or on a food) only if EPA requests must be in writing, and must be studies on the magnitude of 2,6-DIPN in determines that the tolerance is ‘‘safe.’’ mailed or delivered to the Hearing Clerk potatoes and processed potatoes and in Section 408(b)(2)(A)(ii) of FFDCA on or before February 16, 2010. livestock edible commodities. defines ‘‘safe’’ to mean that ‘‘there is a In addition to filing an objection or The Agency failed to include a reasonable certainty that no harm will hearing request with the Hearing Clerk summary of the petition prepared by result from aggregate exposure to the as described in 40 CFR part 178, please Loveland Products, Incorporated, the pesticide chemical residue, including submit a copy of the filing that does not petitioner, in the docket; therefore, the all anticipated dietary exposures and all contain any CBI for inclusion in the Agency placed the summary of the other exposures for which there is public docket that is described in petition in the docket and reopened the reliable information.’’ This includes ADDRESSES. Information not marked comment period (74 FR 57467; exposure through drinking water and in confidential pursuant to 40 CFR part 2 November 6, 2009) (FRL–8798–4). residential settings, but does not include may be disclosed publicly by EPA One comment was received in occupational exposure. Section without prior notice. Submit your response to the October 21, 2009 notice. 408(b)(2)(C) of FFDCA requires EPA to copies, identified by docket ID number In general, a private citizen expressed give special consideration to exposure EPA–HQ–OPP–2009–0802, by one of opposition to the establishment of the of infants and children to the pesticide the following methods. numeric tolerances sought by the chemical residue in establishing a • Federal eRulemaking Portal: petitioner. tolerance and to ‘‘ensure that there is a http://www.regulations.gov. Follow the Comment: The commenter objected to reasonable certainty that no harm will on-line instructions for submitting the manufacture, sale, and use of result to infants and children from comments. pesticide products containing 2,6-DIPN aggregate exposure to the pesticide • Mail: Office of Pesticide Programs in the United States (U.S.) and asserted chemical residue. . . .’’ (OPP) Regulatory Public Docket (7502P), that EPA does not possess sufficient EPA performs a number of analyses to Environmental Protection Agency, 1200 data to ascertain whether 2,6-DIPN determine the risks from aggregate Pennsylvania Ave., NW., Washington, products are truly harmful to human exposure to pesticide residues. For DC 20460–0001. health. Furthermore, the commenter further discussion of the regulatory • Delivery: OPP Regulatory Public articulated the following opinions: ‘‘It is requirements of section 408 of the Docket (7502P), Environmental also clear that our waters are being FFDCA and a complete description of Protection Agency, Rm. S–4400, One deluged with toxic chemicals courtesy the risk assessment process, see http:// Potomac Yard (South Bldg.), 2777 S. of this Agency approving 100% of all www.epa.gov/fedrgstr/EPA-PEST/1997/ Crystal Dr., Arlington, VA. Deliveries toxic chemicals that come before it. This November/Day-26/p30948.htm. are only accepted during the Docket Agency is harmfully impacting the Consistent with section 408(b)(2)(D) Facility’s normal hours of operation people of the United States and this of FFDCA, EPA has reviewed the (8:30 a.m. to 4 p.m., Monday through Agency needs to have fired many of its available scientific data and other Friday, excluding legal holidays). employees. Bush put lobbyists in charge relevant information in support of this Special arrangements should be made of it and those guys just sank down to action. EPA has sufficient data to assess for deliveries of boxed information. The their knees for toxic chemical polluters. the hazards of and to make a Docket Facility telephone number is The situation is bad and desperately determination on aggregate exposure, (703) 305–5805. needs correction.’’ consistent with section 408(b)(2) of EPA Response: The toxicity of 2,6- FFDCA, for time-limited tolerances for II. Background and Statutory Findings DIPN has been examined thoroughly by residues of 2,6-DIPN, including its In the Federal Register of October 21, the Agency, and the data show that metabolites and degradates, in or on 2009 (74 FR 54043) (FRL–8795–7), EPA when 2,6-DIPN is used in accordance cattle, fat at 1.0 ppm; cattle, liver at 0.5 issued a notice pursuant to section with EPA-approved labeling and good ppm; cattle, meat at 0.2 ppm; cattle, 408(d)(3) of the FFDCA, 21 U.S.C. agricultural practices, there is a meat byproducts (except liver) at 0.4 346a(d)(3), announcing the filing of a reasonable certainty of no harm to ppm; goat, fat at 1.0 ppm; goat, liver at pesticide petition (PP 9F7626) by human health. Given the available data, 0.5 ppm; goat, meat at 0.2 ppm; goat, Loveland Products, Inc., 7251 W. 4th the Agency has established numeric meat byproducts (except liver) at 0.4 Street, Greeley, CO 80634. The petition tolerances for 2,6-DIPN that are safe. ppm; hog, fat at 1.0 ppm; hog, liver at requested that 40 CFR part 180 be Based upon review of the data 0.5 ppm; hog, meat at 0.2 ppm; hog, amended by establishing tolerances for supporting the petition, EPA has meat byproducts (except liver) at 0.4

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES 66576 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

ppm; horse, fat at 1.0 ppm; horse, liver toxicological profile of 2,6-DIPN can be support of these time-limited tolerances at 0.5 ppm; horse, meat at 0.2 ppm; found in the Federal Register of support validation of the analytical horse, meat byproducts (except liver) at September 1, 2006 (71 FR 52003) (FRL– method for the parent compound in 0.4 ppm; milk at 0.2 ppm; milk, fat at 8081–9), and August 8, 2003 (68 FR livestock commodities only, while an 0.5 ppm; potato at 2.0 ppm; potato, wet 47246) (FRL–7321–6). independent laboratory validation peel at 6.0 ppm; potato, granules/flakes In support of these current time- demonstrating the suitability of the at 5.5 ppm; sheep, fat at 1.0 ppm; sheep, limited tolerances, EPA did not assess analytical method for the metabolites liver at 0.5 ppm; sheep, meat at 0.2 any new toxicity data on 2,6-DIPN. EPA and degradates in livestock ppm; and sheep, meat byproducts has previously conducted commodities and a radiovalidation are (except liver) at 0.4 ppm. EPA’s comprehensive evaluations of the still required. The need for these data assessment of the dietary exposures and potential human health and dietary will be set as conditions of registration. risks associated with establishing the toxicity of 2,6-DIPN. As mentioned time-limited tolerances follows. above (see Unit III.A.2.), EPA reviewed B. Toxicological Endpoints newly submitted nature of residue data A. Toxicological Profile 1. Acute toxicity. While EPA’s conducted on plants and livestock (For discussion and analysis of acute toxicity EPA has evaluated the available a detailed discussion of these data, see of 2,6-DIPN can be found in the Federal toxicity data and considered its validity, Unit IV.A.). These data are required by Register of August 8, 2003 (68 FR completeness, and reliability as well as the Agency to demonstrate the fate and 47246), in summary, 2,6-DIPN is the relationship of the results of the distribution of the active ingredient and classified as Toxicity Category IV for the studies to human risk. EPA has also its metabolites in plants and livestock. oral route of exposure (lethal dose considered available information These data enable the Agency to better (LD) >5,000 milligrams/kilogram (mg/ concerning the variability of the understand if any metabolites of the 50 kg)). sensitivities of major identifiable active ingredient contribute to the subgroups of consumers, including toxicity of the active ingredient being 2. Short- and intermediate-term infants and children. The nature of the evaluated and require an increase or toxicity. While EPA’s complete toxic effects caused by 2,6-DIPN are decrease in proposed tolerance levels. discussion and analysis of short- and discussed in this unit. Moreover, this information ultimately intermediate-term toxicity of 2,6-DIPN Time-limited tolerances for 2,6-DIPN may or may not impact the Agency’s can be found in the Federal Register of expired on August 1, 2009 (40 CFR risk assessment. In the case of the August 8, 2003 (68 FR 47246), a 180.590). To evaluate the tolerances evaluation of these newly submitted summary is provided here. The requested in the subject petition, EPA data in support of these time-limited subchronic toxicity study submitted and reviewed data unavailable for the tolerances and a reevaluation of field reviewed suggests the endpoint previous, time-limited tolerances. In trial data on file (Master Record selection (value/dose at which an effect support of this rule, EPA is providing a Identification Number (MRID No.) was observed) is the 104 milligrams/ discussion of the toxicity of 2,6-DIPN in 451632–02), the Agency has concluded kilogram/day (mg/kg/day) no observable light of the newly submitted data. that the toxicity profile of 2,6-DIPN has adverse effects level (NOAEL) based on Evaluation of these data indicates that not changed, nor does the original risk reduced body weight, weight gain, and the toxicity profile of 2,6-DIPN has not assessment for this active ingredient food consumption. Although the been affected. Based on this finding, the change. In further support of this developmental toxicity study indicated Agency can make a determination of assertion, the Agency also considered a lower NOAEL (50 mg/kg/day) for the reasonable certainty of no harm to potato processing data, which same toxicity, the maternal lowest human health when residues of 2,6- demonstrates that residues of 2,6-DIPN observable adverse effects level DIPN, including its metabolites and were found not to concentrate in baked (LOAEL) of 150 mg/kg/day is between degradates, within the tolerance levels potatoes, boiled potatoes, and french the subchronic NOAEL of 104–121 mg/ established by this final rule are fries (MRID No. 448660–01). In kg/day and the LOAEL of 208–245 mg/ consumed from the aforementioned consideration of all of the previously kg/day. The NOAEL of 50 mg/kg/day commodities. explained information, EPA concludes may have been appropriate for use in 2,6-DIPN is classified as a that residues of 2,6-DIPN, including its characterization of risks for the biochemical-like active ingredient, metabolites and degradates within the subpopulation of women of primarily based upon its structural and tolerance limits established by this final childbearing age; however, the response functional similarities to the following rule will present no harm to human at 50 mg/kg/day in the developmental naturally occurring plant growth health when used in accordance with study was minimal and the observations regulators: 1-Isopropyl-4,6- EPA-approved labeling and good for toxic effects were more thoroughly dimethylnaphthalene; 1-methyl-7- agricultural practices. Included in this documented in the subchronic study. isopropylnaphthalene; and 4-isopropyl- document is a summary of the toxicity 3. Chronic toxicity. EPA has 1,6-dimethylnaphthalene. 2,6-DIPN findings to date from both acute and established the Reference Dose (RfD) for behaves as a sprout inhibitor; therefore, chronic perspectives (see Unit III.B.). the Agency considers this mode of Additionally, EPA concludes that the 2,6-DIPN at 1 mg/kg/day. This RfD is action to be non-toxic. With regard to analytical methods submitted to enforce based on results from the subchronic the toxicity of 2,6-DIPN to humans the time-limited tolerance levels and developmental toxicity studies (including infants and children), as a established for 2,6-DIPN residues in described in the Federal Register of result of consumption of potatoes potato and potato peels (MRID Nos. September 1, 2006 (71 FR 52003) (FRL– treated with this active ingredient after 464749–01 and 464749–02, 8081–9). In support of these tolerances, harvest, the Agency has, since 2,6- respectively) are adequate for the the RfD remains unchanged. DIPN’s initial registration in 2003, purpose of establishing these tolerances 4. Carcinogenicity. No new study continued to evaluate this active for 2,6-DIPN. But, a revised analytical results suggest that 2,6-DIPN is ingredient for its toxicity and safety to method for the analysis of 2,6-DIPN and carcinogenic. See EPA’s discussion and the general population. EPA’s its metabolites in livestock commodities analysis in the Federal Register of discussion and analysis of the remains inadequate. Data reviewed in August 8, 2003 (68 FR 47246).

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66577

C. Exposures and Risks States Department of Agriculture’s substances, all act as plant regulators by 1. From food and feed uses. The Continuing Surveys of Food Intakes by a ‘‘mode of action’’ that is specific to Agency is establishing time-limited Individuals (CSFII, 1994–1996/1998). plants, and therefore, their common tolerances for the residues of 2,6-DIPN, For acute exposure assessments, mode of action is unlikely to be relevant including its metabolites and individual 1–day food consumption to a mechanism of toxicity in animals or degradates, in or on cattle, fat at 1.0 data define an exposure distribution, humans. The comparison of 2,6-DIPN which is expressed as a percentage of ppm; cattle, liver at 0.5 ppm; cattle, with three naturally occurring, alkyl- the acute population adjusted dose meat at 0.2 ppm; cattle, meat byproducts substituted naphthalenes is made to (aPAD) (for 2,6-DIPN, aPAD = 0.1 mg/ (except liver) at 0.4 ppm; goat, fat at 1.0 demonstrate biological activity (plant kg/day). For chronic exposure and risk ppm; goat, liver at 0.5 ppm; goat, meat regulation, in this case), which the assessment, an estimate of the residue at 0.2 ppm; goat, meat byproducts Agency has characterized as a non-toxic level in each food or food-form (e.g., (except liver) at 0.4 ppm; hog, fat at 1.0 mode of action with respect to orange or orange juice) on the pesticidal activity. For the purposes of ppm; hog liver at 0.5 ppm; hog, meat at commodity residue list is multiplied by this tolerance action, therefore, EPA has 0.2 ppm; hog, meat byproducts (except the average daily consumption estimate not assumed that 2,6-DIPN has a liver) at 0.4 ppm; horse, fat at 1.0 ppm; for the food or food-form. The resulting common mechanism of toxicity with horse, liver at 0.5 ppm; horse, meat at residue consumption estimate for each other substances. For information 0.2 ppm; horse, meat byproducts (except food or food-form is summed with the regarding EPA’s efforts to determine liver) at 0.4 ppm; milk at 0.2 ppm; milk, residue consumption estimate for all which chemicals have a common fat at 0.5 ppm; potato at 2.0 ppm; potato, other food or food-forms on the mechanism of toxicity and to evaluate granules/flakes at 5.5 ppm; potato, wet commodity residue list to arrive at the the cumulative effects of such peel at 6.0 ppm; sheep, fat at 1.0 ppm; total estimated exposure. Exposure chemicals, see the policy statements sheep, liver at 0.5 ppm; sheep, meat at estimates are expressed as mg/kg body released by EPA’s Office of Pesticide 0.2 ppm; and sheep, meat byproducts weight/day and as a percent of the 2,6- Programs concerning common (except liver) at 0.4 ppm. DIPN chronic population adjusted dose mechanism determinations and Acute dietary risk assessments are (cPAD) (0.1 mg/kg/day). These procedures for cumulating effects from performed for a food-use pesticide if a procedures are performed for each substances found to have a common toxicological study has indicated the population subgroup. mechanism on EPA’s website at http:// possibility of an effect of concern 2. From drinking water. Because 2,6- www.epa.gov/pesticides/cumulative. occurring as a result of a 1–day or single DIPN treatment of stored (i.e., post- exposure. In the case of 2,6-DIPN, the harvest) potato occurs inside (in D. Aggregate Risks and Determination of toxicity data base did not indicate an warehouses, for example), no concern Safety for U.S. Population and for acute endpoint, but the 100 mg/kg/day from exposure through water is Infants and Children NOAEL from the subchronic toxicity expected regarding acute and chronic 1. Acute risk. Acute dietary exposure study (rounded from 104 mg/kg/day) dietary risk assessment. For this reason, estimates were based on the tolerances was used to evaluate potential acute the dietary risk assessment did not (i.e., the tolerance levels as established dietary exposure as a conservative basis include drinking water values. in this final rule supported by the for risk characterization. Also, if the 50 3. From non-dietary exposure. The residue trial results) and worst-case mg/kg/day NOAEL from the term ‘‘residential exposure’’ is used in assumptions. developmental toxicity study had been this document to refer to non- As reported in the Federal Register of used to establish an acute RfD, this occupational, non-dietary exposure August 8, 2003 (68 FR 47246), EPA choice would have been inconsistent (e.g., for lawn and garden pest control, established a RfD of 1 mg/kg/day, and with the use of the 100 mg/kg/day indoor pest control, termiticides, and an aPAD and cPAD of 0.1 mg/kg/day. NOAEL since it implies that exposure to flea and tick control on pets). 2,6-DIPN The Acute Dietary Exposure Analysis repeated daily doses at 100 mg/kg/day is not registered for use on any sites that was based on the following tolerance is potentially less hazardous than a would result in residential exposure. levels for the residues of 2,6-DIPN, single dose at 50 mg/kg/day. Given the Furthermore, because the registered use including its metabolites and minimal nature of the responses in the involves applications via a closed degradates: in or on cattle, fat at 1.0 subchronic and developmental toxicity system, no exposure of consequence is ppm; cattle, liver at 0.5 ppm; cattle, studies, and the fact that the NOAEL expected to mixers or loaders. meat at 0.2 ppm; cattle, meat byproducts from the developmental study is only 4. Cumulative effects from substances (except liver) at 0.4 ppm; goat, fat at 1.0 appropriate to the subgroup of females with a common mechanism of toxicity. ppm; goat, liver at 0.5 ppm; goat, meat 13–49 years of age, using the 100 mg/ Section 408(b)(2)(D)(v) of the FFDCA at 0.2 ppm; goat, meat byproducts kg/day RfD for the acute and chronic requires that, when considering whether (except liver) at 0.4 ppm; hog, fat at 1.0 dietary assessments is more appropriate to establish, modify, or revoke a ppm; hog, liver at 0.5 ppm; hog, meat for assessing risk for other subgroups tolerance, the Agency consider at 0.2 ppm; hog, meat byproducts and the general population. Therefore, a ‘‘available information’’ concerning the (except liver) at 0.4 ppm; horse, fat at conservative interpretation of these cumulative effects of a particular 1.0 ppm; horse, liver at 0.5 ppm; horse, endpoints indicated the need for an pesticide’s residues and ‘‘other meat at 0.2 ppm; horse, meat byproducts acute dietary exposure assessment. The substances that have a common (except liver) at 0.4 ppm; milk at 0.2 100 mg/kg/day endpoint was also mechanism of toxicity.’’ ppm; milk, fat at 0.5 ppm; potato at 2.0 interpreted as requiring a chronic Unlike other pesticides for which EPA ppm; potato, granules/flakes at 5.5 ppm; dietary exposure assessment. has followed a cumulative risk approach potato, wet peel at 6.0 ppm; sheep, fat Acute and chronic dietary exposure based on a common mechanism of at 1.0 ppm; sheep, liver at 0.5 ppm; assessments for 2,6-DIPN were toxicity, EPA has not made a common sheep, meat at 0.2 ppm; and sheep, meat conducted using the Dietary Exposure mechanism of toxicity finding as to 2,6- byproducts (except liver) at 0.4 ppm; Evaluation Model software (DEEMTM DIPN and any other substances. In this For the U.S. population, acute dietary version 1.30), which incorporates case, 2,6-DIPN, as well as the three exposure was estimated to be 0.011459 consumption data from the United functionally and structurally similar mg/kg/day. This value represented

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES 66578 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

11.46% of the aPAD. The subpopulation M29, a monohydroxy derivative of 2,6- (UV) detection at 254 nanometers (nm) with the highest acute dietary exposure DIPN, appeared first as a significant using a Zorbax ODS column. estimate was children 1–2 years old residue. The other major metabolites The validated limit of quantitation (0.029362 mg/kg/day, 29.36% of the (M22, M19, and M18) were formed by (LOQ) is 0.01 ppm for 2,6-DIPN in aPAD). Therefore, the acute dietary metabolism of M29, which indicated potatoes and 0.02 ppm in potato peels. exposures to all the subpopulations in that M29 was formed continuously The reported limits of detection (LODs) the analysis did not exceed EPA’s level throughout the study. However, based were 0.001 ppm for 2,6-DIPN in of concern (i.e., they did not exceed on residue declined data, these potatoes and potato peels. The method 100% of the aPAD). metabolites (M29, M22, M19, and M18) does not include instructions for 2. Chronic risk. The chronic dietary will not be included in tolerance setting confirmatory analysis. Method risk estimates do not exceed EPA’s level because they showed an insignificant validation data for the LC/UV method of concern (i.e., they do not exceed amount at day 0. demonstrated adequate method 100% of the cPAD). For the U.S. The nature of the residue study in a recoveries of residues of 2,6-DIPN. population, chronic dietary exposure lactating goat indicated that residues of Potato samples were fortified with 2,6- was estimated to be 0.003516 mg/kg/ 2,6-DIPN and its metabolites were DIPN at levels of 0.01 ppm, 0.02 ppm, distributed in muscle loin, muscle flank, day. This value represented 3.5% of the 0.05 ppm, and 50 ppm. Samples were fat renal, fat omental, fat subcutaneous, cPAD. The subpopulation with the analyzed at the limit of quantitation of liver, kidney, blood, skim milk, and highest chronic dietary exposure 0.01 ppm. Overall, recovery ranges (and milk fat. The Agency has considered estimate was children 1–2 years old CVs) from these matrices were 77.9– this information in evaluating the levels (0.012173 mg/kg/day, 12.2% of the 123.2 (13.9%) for 2,6-DIPN. Potato peel of 2,6-DIPN in livestock commodities cPAD). samples were fortified with 2,6-DIPN at and has incorporated residues of 3. Determination of safety. Based on levels of 0.02 ppm, 0.05 ppm, and 0.2 metabolites that exceed 10% of the TRR these risk assessments and in ppm. Samples were analyzed at the consideration of new residue data, EPA in its risk assessment. The qualitative nature of the 2,6-DIPN limit of quantitation of 0.02 ppm. concludes that there is a reasonable Overall, recovery ranges (and CVs) from certainty that no harm will result to the residues in livestock commodities is adequately understood, based on a these matrices were 83.2–96.1 (5.3%) for U.S. population, including infants and 2,6-DIPN. children, from aggregate exposure to metabolism study. The four major residues of 2,6-DIPN and its metabolites metabolites (i.e., M14, M19, M27, and Acceptable independent laboratory and degradates within the established M29) were identified by high validation is available for this method tolerance limits resulting from post- performance liquid chromatography/ using potato and potato peel samples. harvest applications, undertaken in mass spectrometry (HPLC/MS) from As described above, an adequate accordance with good agricultural samples of milk, muscles, fat, liver, and enforcement methodology (liquid practices and EPA-approved labeling, to kidney. chromatographic/ultraviolet detection potatoes. This includes all anticipated B. Analytical Enforcement Methodology analytical method) is available to dietary exposures and all other enforce the tolerance expression for Loveland Products, Incorporated has potatoes and potato peels only. exposures for which there is reliable proposed a liquid chromatographic/ information. In arriving at this ultraviolet (LC/UV) detection analytical The method may be requested from: conclusion, the Agency has retained the method for enforcement of tolerances Chief, Analytical Chemistry Branch, tenfold margin of safety in order to for residues of 2,6-DIPN in potatoes and Environmental Science Center, 701 adequately account for potential pre- potato peels. The method (entitled, Mapes Rd., Ft. Meade, MD 20755–5350; and post-natal toxicity and ‘‘Liquid Chromatographic Analysis for telephone number: (410) 305–2905; e- completeness of the data with respect to the Determination of 2,6- mail address: [email protected]. exposure and toxicity to infants and Diisopropylnaphthalene (DIPN) in As conditions of registration, the children, pursuant to FFDCA section Potatoes and ‘‘Liquid Chromatographic Agency is requesting a revised 408(b)(2)(C). Analysis for the Determination of 2,6- analytical method for the analysis of the metabolites of 2,6-DIPN in livestock IV. Other Considerations Diisopropylnaphthalene (DIPN) in Potato Peels’’ (Platte Report Number commodities, an associated A. Metabolism in Plants and Animals CARDC–1298–DIPN)) was used for the independent laboratory validation, and The metabolism study for stored determination of residues of 2,6-DIPN in radiovalidation of this method. As potatoes treated with [14C-]-DIPN is potatoes and potato peels. stated Unit III.A., the Agency is ACCEPTABLE. The results indicate that The method includes instructions and requesting these data since the study significant amounts of [14C-]-DIPN were chromatograms for analysis of samples analyzed the parent compound only. lost during storage. Total Radioactive of potatoes and potato peels. Briefly, C. International Residue Limits Residues (TRR) of 2,6-DIPN decreased samples are extracted with acetonitrile. from 94.1% to 26.3% in whole potatoes The extracts are partitioned with There are currently no established from day 0 to 178 days. The percentages hexane. The acetonitrile part is Codex Alimentarius Commission, of the TRR identified in the whole discarded. The hexane part is roto- Canadian, or Mexican Maximum potato samples ranged from 70.2% to evaporated to dryness. The residues are Residue Levels (MRLs) for residues of 95.3% (70.6% to 95.3% for potato reconstituted in hexane and purified 2,6-DIPN in/on plant or livestock peels). using a Florisil column. The residues commodities. Therefore, no The four metabolites detected, which are roto-evaporated to dryness and compatibility issues exist with regard to reached or exceeded 10% of the TRR in reconstituted in acetonitrile. The the proposed U.S. tolerances. ® potato peels and whole potatoes, were samples are filtered through Acrodisc D. Rotational Crop Restrictions M29, M22, M19, and M18. The LC polyvinylidene difluoride (PVDF) metabolic pathway of 2,6-DIPN in 0.45 micrometer (μm) filters and The rotational crop restrictions are potatoes demonstrates that these four analyzed by high performance liquid not applicable for this petition because metabolites are adequately understood. chromatography (HPLC) with ultraviolet the commodity is for stored potatoes.

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66579

E. Revisions to the Requested has been exempted from review under VII. Congressional Review Act Tolerances Executive Order 12866, this final rule is The Congressional Review Act, 5 Based upon review of the data not subject to Executive Order 13211, U.S.C. 801 et seq., generally provides supporting the petition, EPA has entitled Actions Concerning Regulations that before a rule may take effect, the slightly increased the tolerance levels That Significantly Affect Energy Supply, agency promulgating the rule must requested in the petition for all of the Distribution, or Use (66 FR 28355, May submit a rule report to each House of livestock commodities and added two 22, 2001) or Executive Order 13045, the Congress and to the Comptroller new tolerances for ‘‘milk, fat’’ and entitled Protection of Children from General of the United States. EPA will ‘‘potatoes, granules/flakes.’’ EPA also Environmental Health Risks and Safety submit a report containing this rule and revised commodity terms, as necessary, Risks (62 FR 19885, April 23, 1997). other required information to the U.S. to agree with the Agency’s Food and This final rule does not contain any Senate, the U.S. House of Feed Commodity Vocabulary. information collections subject to OMB Representatives, and the Comptroller In light of review of the submitted approval under the Paperwork General of the United States prior to nature of the residue data (lactating Reduction Act (PRA), 44 U.S.C. 3501 et publication of this final rule in the goat), the Agency slightly increased all seq., nor does it require any special Federal Register. This final rule is not of the livestock commodity tolerance considerations under Executive Order a ‘‘major rule’’ as defined by 5 U.S.C. levels to fully account for metabolites 12898, entitled Federal Actions to 804(2). that exceeded 10% of the TRR. Address Environmental Justice in Additionally, EPA has set tolerance Minority Populations and Low-Income List of Subjects in 40 CFR Part 180 levels for milk, fat and potatoes, Populations (59 FR 7629, February 16, Environmental protection, granules/flakes because residues of 2,6- 1994). Administrative practice and procedure, DIPN would normally be expected to be Since tolerances and exemptions that Agricultural commodities, Pesticides present in these byproducts. are established on the basis of a petition and pests, Reporting and recordkeeping While the petitioner requested under section 408(d) of FFDCA, such as requirements. permanent tolerances for residues of 2,6 the tolerance in this final rule, do not DIPN in or on the food commodities require the issuance of a proposed rule, Dated: November 18, 2009. listed in this document, the Agency has the requirements of the Regulatory Keith A. Matthews, determined that time-limited tolerances Flexibility Act (RFA) (5 U.S.C. 601 et Acting Director, Biopesticides and Pollution with an expiration date is appropriate in seq.) do not apply. Prevention Division, Office of Pesticide the absence of an analytical method for Programs. This final rule directly regulates metabolites of 2,6-DIPN in livestock. ■ growers, food processors, food handlers, Therefore, 40 CFR chapter I is V. Conclusion and food retailers, not States or tribes, amended as follows: Therefore, time-limited tolerances are nor does this action alter the PART 180—[AMENDED] established for residues of 2,6-DIPN, relationships or distribution of power ■ including its metabolites and and responsibilities established by 1. The authority citation for part 180 degradates, when applied post-harvest Congress in the preemption provisions continues to read as follows: to potatoes, in or on cattle, fat at 1.0 of section 408(n)(4) of FFDCA. As such, Authority: 21 U.S.C. 321(q), 346a and 371. ppm; cattle, liver at 0.5 ppm; cattle, the Agency has determined that this action will not have a substantial direct ■ 2. Section 180.590 is amended by meat at 0.2 ppm; cattle, meat byproducts revising paragraph (a) to read as follows: (except liver) at 0.4 ppm; goat, fat at 1.0 effect on States or tribal governments, ppm; goat, liver at 0.5 ppm; goat, meat on the relationship between the national § 180.590 2,6-Diisopropylnaphthalene (2,6- at 0.2 ppm; goat, meat byproducts government and the States or tribal DIPN); tolerances for residues. (except liver) at 0.4 ppm; hog, fat at 1.0 governments, or on the distribution of (a) General. (1) Time-limited ppm; hog, liver at 0.5 ppm; hog, meat power and responsibilities among the tolerances are established for combined at 0.2 ppm; hog, meat byproducts various levels of government or between residues of 2,6-DIPN, including its (except liver) at 0.4 ppm; horse, fat at the Federal Government and Indian metabolites and degradates, in or on the 1.0 ppm; horse, liver at 0.5 ppm; horse, tribes. Thus, the Agency has determined commodities in the table below as a meat at 0.2 ppm; horse, meat byproducts that Executive Order 13132, entitled result of the post-harvest application of (except liver) at 0.4 ppm; milk at 0.2 Federalism (64 FR 43255, August 10, 2,6-DIPN to potatoes, when 2,6-DIPN is ppm; milk, fat at 0.5 ppm; potato at 2.0 1999) and Executive Order 13175, used in accordance with good ppm; potato, granules/flakes at 5.5 ppm; entitled Consultation and Coordination agricultural practices. Compliance with potato, wet peel at 6.0 ppm; sheep, fat with Indian Tribal Governments (65 FR the tolerance levels specified below is to at 1.0 ppm; sheep, liver at 0.5 ppm; 67249, November 9, 2000) do not apply be determined by measuring only 2,6- sheep, meat at 0.2 ppm; and sheep, meat to this final rule. In addition, this final DIPN in or on the commodities. byproducts (except liver) at 0.4 ppm. rule does not impose any enforceable duty or contain any unfunded mandate Expiration/ VI. Statutory and Executive Order as described under Title II of the Parts per Commodity million revocation Reviews Unfunded Mandates Reform Act of 1995 date (UMRA) (Public Law 104–4). This final rule establishes tolerances Potato, granules/ under section 408(d) of FFDCA in This action does not involve any flakes ...... 5.5 5/18/12 response to a petition submitted to the technical standards that would require Potato, wet peel 6.0 5/18/12 Agency. The Office of Management and Agency consideration of voluntary Potato, whole .... 2.0 5/18/12 Budget (OMB) has exempted these types consensus standards pursuant to section of actions from review under Executive 12(d) of the National Technology (2) Time-limited tolerances are Order 12866, entitled Regulatory Transfer and Advancement Act of 1995 established for combined residues of Planning and Review (58 FR 51735, (NTTAA), Public Law 104–113, section 2,6-DIPN, including its metabolites and October 4, 1993). Because this final rule 12(d) (15 U.S.C. 272 note). degradates, in or on the commodities in

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES 66580 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

the table below as a result of the post- program. If the Federal Emergency pursuant to the Robert T. Stafford harvest application of 2,6-DIPN to Management Agency (FEMA) receives Disaster Relief and Emergency potatoes, when 2,6-DIPN is used in documentation that the community has Assistance Act not in connection with a accordance with good agricultural adopted the required floodplain flood) may legally be provided for practices. Compliance with the management measures prior to the construction or acquisition of buildings tolerance levels specified below is to be effective suspension date given in this in identified SFHAs for communities determined by measuring only 2,6-DIPN rule, the suspension will not occur and not participating in the NFIP and and the metabolites M14, M19, M27, a notice of this will be provided by identified for more than a year, on and M29 in or on the commodities. publication in the Federal Register on a FEMA’s initial flood insurance map of subsequent date. the community as having flood-prone DATES: Effective Dates: The effective areas (section 202(a) of the Flood Parts per Revocation/ date of each community’s scheduled Disaster Protection Act of 1973, 42 Commodity expiration U.S.C. 4106(a), as amended). This million date suspension is the third date (‘‘Susp.’’) listed in the third column of the prohibition against certain types of Cattle, fat ...... 1.0 5/18/12 following tables. Federal assistance becomes effective for Cattle, liver ...... 0.5 5/18/12 FOR FURTHER INFORMATION CONTACT: If the communities listed on the date Cattle, meat ...... 0.2 5/18/12 you want to determine whether a shown in the last column. The Cattle, meat by- particular community was suspended Administrator finds that notice and products ...... 0.4 5/18/12 on the suspension date or for further public comment under 5 U.S.C. 553(b) Goat, fat ...... 1.0 5/18/12 information, contact David Stearrett, are impracticable and unnecessary Goat, liver ...... 0.5 5/18/12 because communities listed in this final Goat, meat ...... 0.2 5/18/12 Mitigation Directorate, Federal Emergency Management Agency, 500 C rule have been adequately notified. Goat, meat by- Each community receives 6-month, products ...... 0.4 5/18/12 Street, SW., Washington, DC 20472, 90-day, and 30-day notification letters Hog, fat ...... 1.0 5/18/12 (202) 646–2953. addressed to the Chief Executive Officer Hog, liver ...... 0.5 5/18/12 SUPPLEMENTARY INFORMATION: The NFIP Hog, meat ...... 0.2 5/18/12 stating that the community will be enables property owners to purchase suspended unless the required Hog, meat by- flood insurance which is generally not products ...... 0.4 5/18/12 floodplain management measures are Horse, fat ...... 1.0 5/18/12 otherwise available. In return, met prior to the effective suspension Horse, liver ...... 0.5 5/18/12 communities agree to adopt and date. Since these notifications were Horse, meat ...... 0.2 5/18/12 administer local floodplain management made, this final rule may take effect Horse, meat by- aimed at protecting lives and new within less than 30 days. products ...... 0.4 5/18/12 construction from future flooding. National Environmental Policy Act. Milk, fat ...... 0.5 5/18/12 Section 1315 of the National Flood This rule is categorically excluded from Sheep, fat ...... 1.0 5/18/12 Insurance Act of 1968, as amended, 42 Sheep, liver ...... 0.5 5/18/12 the requirements of 44 CFR part 10, U.S.C. 4022, prohibits flood insurance Environmental Considerations. No Sheep, meat ..... 0.2 5/18/12 coverage as authorized under the NFIP, Sheep, meat by- environmental impact assessment has products ...... 0.4 5/18/12 42 U.S.C. 4001 et seq.; unless an been prepared. appropriate public body adopts Regulatory Flexibility Act. The * * * * * adequate floodplain management Administrator has determined that this measures with effective enforcement [FR Doc. E9–29897 Filed 12–15–09; 8:45 am] rule is exempt from the requirements of measures. The communities listed in BILLING CODE 6560–50–S the Regulatory Flexibility Act because this document no longer meet that the National Flood Insurance Act of statutory requirement for compliance 1968, as amended, 42 U.S.C. 4022, with program regulations, 44 CFR part prohibits flood insurance coverage DEPARTMENT OF HOMELAND 59. Accordingly, the communities will SECURITY unless an appropriate public body be suspended on the effective date in adopts adequate floodplain management Federal Emergency Management the third column. As of that date, flood measures with effective enforcement Agency insurance will no longer be available in measures. The communities listed no the community. However, some of these longer comply with the statutory 44 CFR Part 64 communities may adopt and submit the requirements, and after the effective required documentation of legally date, flood insurance will no longer be [Docket ID FEMA–2008–0020; Internal enforceable floodplain management available in the communities unless Agency Docket No. FEMA–8107] measures after this rule is published but remedial action takes place. prior to the actual suspension date. Suspension of Community Eligibility Regulatory Classification. This final These communities will not be rule is not a significant regulatory action AGENCY: Federal Emergency suspended and will continue their under the criteria of section 3(f) of Management Agency, DHS. eligibility for the sale of insurance. A Executive Order 12866 of September 30, ACTION: Final rule. notice withdrawing the suspension of 1993, Regulatory Planning and Review, the communities will be published in 58 FR 51735. SUMMARY: This rule identifies the Federal Register. Executive Order 13132, Federalism. communities, where the sale of flood In addition, FEMA has identified the This rule involves no policies that have insurance has been authorized under Special Flood Hazard Areas (SFHAs) in federalism implications under Executive the National Flood Insurance Program these communities by publishing a Order 13132. (NFIP), that are scheduled for Flood Insurance Rate Map (FIRM). The Executive Order 12988, Civil Justice suspension on the effective dates listed date of the FIRM, if one has been Reform. This rule meets the applicable within this rule because of published, is indicated in the fourth standards of Executive Order 12988. noncompliance with the floodplain column of the table. No direct Federal Paperwork Reduction Act. This rule management requirements of the financial assistance (except assistance does not involve any collection of

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66581

information for purposes of the PART 64—[AMENDED] § 64.6 [Amended] Paperwork Reduction Act, 44 U.S.C. ■ 3501 et seq. ■ 1. The authority citation for part 64 2. The tables published under the continues to read as follows: authority of § 64.6 are amended as List of Subjects in 44 CFR Part 64 follows: Authority: 42 U.S.C. 4001 et seq.; Flood insurance, Floodplains. Reorganization Plan No. 3 of 1978, 3 CFR, ■ Accordingly, 44 CFR part 64 is 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, amended as follows: 3 CFR, 1979 Comp.; p. 376.

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

Region III West Virginia: Charles Town, City of, Jefferson ...... 540066 April 24, 1975, Emerg; December 4, 1979, Dec. 18, 2009 ... Dec. 18, 2009. Reg; December 18, 2009, Susp. Harpers Ferry, Town of, Jefferson ...... 540067 September 25, 1975, Emerg; August 24, ...... do ...... Do. 1984, Reg; December 18, 2009, Susp. Jefferson County, Unincorporated 540065 December 15, 1975, Emerg; October 15, ...... do ...... Do. Areas. 1980, Reg; December 18, 2009, Susp. Ranson, City of, Jefferson ...... 540068 April 2, 1975, Emerg; June 15, 1979, Reg; ...... do ...... Do. December 18, 2009, Susp. Shepherdstown, Town of, Jefferson ...... 540069 February 14, 1975, Emerg; March 18, 1980, ...... do ...... Do. Reg; December 18, 2009, Susp. Region V Ohio: Amesville, Village of, Athens ...... 390015 February 24, 1977, Emerg; September 29, ...... do ...... Do. 1989, Reg; December 18, 2009, Susp. Athens, City of, Athens...... 390016 November 22, 1974, Emerg; March 28, ...... do ...... Do. 1980, Reg; December 18, 2009, Susp. Athens County, Unincorporated Areas .. 390760 N/A, Emerg; October 31, 1991, Reg; De- ...... do ...... Do. cember 18, 2009, Susp. Buchtel, Village of, Athens ...... 390728 October 9, 1992, Emerg; March 1, 1995, ...... do ...... Do. Reg; December 18, 2009, Susp. Coalton, Village of, Jackson ...... 390291 December 21, 1978, Emerg; May 2, 1991, ...... do ...... Do. Reg; December 18, 2009, Susp. Glouster, Village of, Athens ...... 390018 July 18, 1975, Emerg; July 19, 2001, Reg; ...... do ...... Do. December 18, 2009, Susp. Jackson, City of, Jackson ...... 390292 July 22, 1975, Emerg; June 1, 1984, Reg; ...... do ...... Do. December 18, 2009, Susp. Jackson County, Unincorporated Areas 390290 March 19, 1976, Emerg; August 19, 1985, ...... do ...... Do. Reg; December 18, 2009, Susp. Jacksonville, Village of, Athens...... 390019 March 21, 1977, Emerg; June 3, 1986, ...... do ...... Do. Reg; December 18, 2009, Susp. Nelsonville, City of, Athens ...... 390020 July 7, 1975, Emerg; January 17, 1986, ...... do ...... Do. Reg; December 18, 2009, Susp. Trimble, Village of, Athens ...... 390021 March 2, 1977, Emerg; November 1, 1995, ...... do ...... Do. Reg; December 18, 2009, Susp. Wellston, City of, Jackson ...... 390293 July 31, 1991, Emerg; February 1, 1994, ...... do ...... Do. Reg; December 18, 2009, Susp. Wisconsin: Baraboo, City of, Sauk ...... 550392 June 1, 1973, Emerg; August 1, 1979, Reg; ...... do ...... Do. December 18, 2009, Susp. LaValle, Village of, Sauk...... 550395 March 5, 1975, Emerg; September 19, ...... do ...... Do. 1984, Reg; December 18, 2009, Susp. Lake Delton, Village of, Sauk ...... 550394 February 19, 1975, Emerg; September 4, ...... do ...... Do. 1985, Reg; December 18, 2009, Susp. Lime Ridge, Village of, Sauk ...... 550396 N/A, Emerg; September 1, 1987, Reg; De- ...... do ...... Do. cember 18, 2009, Susp. Merrimac, Village of, Sauk ...... 550398 March 27, 1975, Emerg; March 7, 2001, ...... do ...... Do. Reg; December 18, 2009, Susp. North Freedom, Village of, Sauk...... 550399 April 22, 1975, Emerg; September 19, ...... do ...... Do. 1984, Reg; December 18, 2009, Susp. Plain, Village of, Sauk ...... 550400 December 23, 1974, Emerg; September 30, ...... do ...... Do. 1988, Reg; December 18, 2009, Susp. Prairie du Sac, Village of, Sauk ...... 550401 September 29, 2000, Emerg; March 7, ...... do ...... Do. 2001, Reg; December 18, 2009, Susp. Reedsburg, City of, Sauk ...... 550402 May 21, 1975, Emerg; March 4, 1985, Reg; ...... do ...... Do. December 18, 2009, Susp. Rock Springs, Village of, Sauk...... 550403 April 30, 1975, Emerg; September 18, ...... do ...... Do. 1985, Reg; December 18, 2009, Susp. Sauk City, Village of, Sauk ...... 550404 May 7, 1975, Emerg; March 7, 2001, Reg; ...... do ...... Do. December 18, 2009, Susp.

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES 66582 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

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

Sauk County, Unincorporated Areas ..... 550391 September 7, 1973, Emerg; September 17, ...... do ...... Do. 1980, Reg; December 18, 2009, Susp. Spring Green, Village of, Sauk ...... 550405 August 27, 1975, Emerg; February 1, 1986, ...... do ...... Do. Reg; December 18, 2009, Susp. West Baraboo, Village of, Sauk ...... 550407 July 24, 1975, Emerg; September 19, 1984, ...... do ...... Do. Reg; December 18, 2009, Susp. Wisconsin Dells, City of, Sauk ...... 550065 July 17, 1975, Emerg; December 18, 1984, ...... do ...... Do. Reg; December 18, 2009, Susp. Region VI Arkansas: Garland, City of, Miller ...... 050138 April 1, 1975, Emerg; June 1, 1987, Reg; ...... do ...... Do. December 18, 2009, Susp. Miller County, Unincorporated Areas .... 050451 March 31, 1983, Emerg; April 1, 1988, Reg; ...... do ...... Do. December 18, 2009, Susp. Oklahoma: Arcadia, Town of, Oklahoma ...... 400551 N/A, Emerg; August 15, 2005, Reg; Decem- ...... do ...... Do. ber 18, 2009, Susp. Bethany, City of, Oklahoma ...... 400254 January 17, 1975, Emerg; July 31, 1979, ...... do ...... Do. Reg; December 18, 2009, Susp. Choctaw, City of Oklahoma ...... 400357 February 25, 1976, Emerg; April 15, 1981, ...... do ...... Do. Reg; December 18, 2009, Susp. Del City, City of, Oklahoma...... 400233 November 23, 1973, Emerg; March 18, ...... do ...... Do. 1980, Reg; December 18, 2009, Susp. Edmond, City of, Oklahoma ...... 400252 June 18, 1974, Emerg; May 15, 1980, Reg; ...... do ...... Do. December 18, 2009, Susp. Forest Park, City of, Oklahoma ...... 400379 March 16, 1983, Emerg; July 3, 1985, Reg; ...... do ...... Do. December 18, 2009, Susp. Harrah, City of, Oklahoma ...... 400140 December 27, 1977, Emerg; July 16, 1980, ...... do ...... Do. Reg; December 18, 2009, Susp. Jones City, Town of, Oklahoma ...... 400141 June 30, 1976, Emerg; January 2, 1981, ...... do ...... Do. Reg; December 18, 2009, Susp. Luther, Town of, Oklahoma ...... 400396 July 8, 1975, Emerg; February 17, 1988, ...... do ...... Do. Reg; December 18, 2009, Susp. Midwest City, City of, Oklahoma ...... 400405 January 16, 1975, Emerg; May 19, 1981, ...... do ...... Do. Reg; December 18, 2009, Susp. Nichols Hills, City of, Oklahoma ...... 400423 December 19, 1974, Emerg; January 20, ...... do ...... Do. 1982, Reg; December 18, 2009, Susp. Nicoma Park, Town of, Oklahoma ...... 400424 July 8, 1980, Emerg; July 16, 1980, Reg; ...... do ...... Do. December 18, 2009, Susp. Oklahoma City, City of, Oklahoma ...... 405378 March 19, 1971, Emerg; July 14, 1972, ...... do ...... Do. Reg; December 18, 2009, Susp. Spencer, City of, Oklahoma ...... 400412 June 12, 1975, Emerg; July 16, 1980, Reg; ...... do ...... Do. December 18, 2009, Susp. The Village, City of, Oklahoma ...... 400420 March 11, 1975, Emerg; July 16, 1980, ...... do ...... Do. Reg; December 18, 2009, Susp. Valley Brook, Town of, Oklahoma ...... 400445 April 7, 1975, Emerg; September 30, 1981, ...... do ...... Do. Reg; December 18, 2009, Susp. Warr Acres, City of, Oklahoma ...... 400449 January 27, 1975, Emerg; December 16, ...... do ...... Do. 1980, Reg; December 18, 2009, Susp. Region VIII Colorado: Fairplay, Town of, Park ...... 080239 July 29, 1976, Emerg; August 5, 1986, Reg; ...... do ...... Do. December 18, 2009, Susp. Park County, Unincorporated Areas ..... 080139 May 13, 1975, Emerg; April 1, 1987, Reg; ...... do ...... Do. December 18, 2009, Susp. North Dakota: Abercrombie, City of, Richland...... 380151 March 11, 1997, Emerg; April 25, 1997, ...... do ...... Do. Reg; December 18, 2009, Susp. Antelope, Township of, Richland ...... 380663 January 13, 1983, Emerg; August 5, 1986, ...... do ...... Do. Reg; December 18, 2009, Susp. Barrie, Township of, Richland ...... 380661 December 30, 1982, Emerg; September 18, ...... do ...... Do. 1986, Reg; December 18, 2009, Susp. Belford, Township of, Richland ...... 380662 January 6, 1983, Emerg; August 19, 1986, ...... do ...... Do. Reg; December 18, 2009, Susp. Brandenburg, Township of, Richland .... 380622 January 26, 1979, Emerg; April 1, 1986, ...... do ...... Do. Reg; December 18, 2009, Susp. Brightwood, Township of, Richland ...... 380664 February 23, 1983, Emerg; December 11, ...... do ...... Do. 1985, Reg; December 18, 2009, Susp. Center, Township of, Richland ...... 380648 November 14, 1980, Emerg; June 4, 1987, ...... do ...... Do. Reg; December 18, 2009, Susp.

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66583

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

Dwight, Township of, Richland...... 380657 August 9, 1982, Emerg; September 29, ...... do ...... Do. 1986, Reg; December 18, 2009, Susp. Eagle, Township of, Richland ...... 380688 February 24, 1997, Emerg; May 4, 1998, ...... do ...... Do. Reg; December 18, 2009, Susp. Fairmount, Township of, Richland ...... 380168 August 8, 1979, Emerg; April 1, 1986, Reg; ...... do ...... Do. December 18, 2009, Susp. Greendale, Township of, Richland ...... 380660 September 27, 1982, Emerg; March 11, ...... do ...... Do. 1986, Reg; December 18, 2009, Susp. Ibsen, Township of, Richland ...... 380672 May 16, 1983, Emerg; March 12, 1986, ...... do ...... Do. Reg; December 18, 2009, Susp. Lamars, Township of, Richland ...... 380658 August 9, 1982, Emerg; March 11, 1986, ...... do ...... Do. Reg; December 18, 2009, Susp. Mooreton, Township of, Richland ...... 380654 July 12, 1982, Emerg; September 18, 1986, ...... do ...... Do. Reg; December 18, 2009, Susp. Moran, Township of, Richland...... 380666 March 10, 1983, Emerg; September 18, ...... do ...... Do. 1986, Reg; December 18, 2009, Susp. Nansen, Township of, Richland ...... 380656 July 15, 1982, Emerg; March 11, 1986, ...... do ...... Do. Reg; December 18, 2009, Susp. Richland County, Unincorporated Areas 380098 February 26, 1997, Emerg; June 1, 1998, ...... do ...... Do. Reg; December 18, 2009, Susp. Wahpeton, City of, Richland ...... 380100 May 19, 1975, Emerg; June 4, 1987, Reg; ...... do ...... Do. December 18, 2009, Susp. Walcott, Township of, Richland...... 380340 April 26, 1978, Emerg; September 29, ...... do ...... Do. 1986, Reg; December 18, 2009, Susp. Waldo, Township of, Richland ...... 380659 September 10, 1982, Emerg; December 11, ...... do ...... Do. 1985, Reg; December 18, 2009, Susp. Wyndmere, Township of, Richland ...... 380667 March 31, 1983, Emerg; December 11, ...... do ...... Do. 1985, Reg; December 18, 2009, Susp. Region X Oregon: Depoe Bay, City of, Lincoln...... 410283 January 11, 1979, Emerg; October 15, ...... do ...... Do. 1980, Reg; December 18, 2009, Susp. Fairview, City of, Multnomah...... 410180 March 31, 1975, Emerg; September 30, ...... do ...... Do. 1987, Reg; December 18, 2009, Susp. Lincoln City, City of, Lincoln ...... 410130 December 22, 1972, Emerg; April 17, 1978, ...... do ...... Do. Reg; December 18, 2009, Susp. Lincoln County, Unincorporated Areas 410129 February 16, 1973, Emerg; September 3, ...... do ...... Do. 1980, Reg; December 18, 2009, Susp. Multnomah County, Unincorporated 410179 February 4, 1972, Emerg; June 15, 1982, ...... do ...... Do. Areas. Reg; December 18, 2009, Susp. Newport, City of, Lincoln ...... 410131 October 18, 1974, Emerg; April 15, 1980, ...... do ...... Do. Reg; December 18, 2009, Susp. Siletz, City of, Lincoln ...... 410132 May 30, 1975, Emerg; March 1, 1979, Reg; ...... do ...... Do. December 18, 2009, Susp. Toledo, City of, Lincoln ...... 410133 April 19, 1973, Emerg; March 1, 1979, Reg; ...... do ...... Do. December 18, 2009, Susp. Troutdale, City of, Multnomah...... 410184 June 13, 1974, Emerg; September 30, ...... do ...... Do. 1988, Reg; December 18, 2009, Susp. Waldport, City of, Lincoln...... 410134 November 1, 1974, Emerg; March 15, ...... do ...... Do. 1979, Reg; December 18, 2009, Susp. Yachats, City of, Lincoln ...... 410135 July 18, 1975, Emerg; March 1, 1979, Reg; ...... do ...... Do. December 18, 2009, Susp. *-do- = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: December 9, 2009. Edward L. Connor, Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E9–29935 Filed 12–15–09; 8:45 am] BILLING CODE 9110–12–P

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES 66584 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

DEPARTMENT OF HOMELAND ‘‘Ability to direct in any manner the Agriculture, Energy, Housing and Urban SECURITY election of a majority of the business Development, Interior, Labor, concern’s directors or trustees; or’’. Transportation, and Veterans Affairs 48 CFR Parts 3009 and 3052 Mary Kate Whalen, were terminated, and their cases were transferred to the new Civilian Board of [Docket No. DHS–2010–0017] Associate General Counsel for Regulatory Affairs. Contract Appeals. The title of Chapter 61 was erroneously changed upon RIN 1601–AA55 [FR Doc. E9–29881 Filed 12–15–09; 8:45 am] publication of these rules in the Code of BILLING CODE 9110–9B–P Prohibition on Federal Protective Federal Regulations to read ‘‘General Service Guard Services Contracts With Services Administration Board of Contract Appeals’’. This document Business Concerns Owned, GENERAL SERVICES Controlled, or Operated by an ADMINISTRATION corrects that error. In addition, section Individual Convicted of a Felony 6101.1 is amended by removing the [HSAR Case 2009–001]; Correction 48 CFR Part 6101 second sentence from paragraph (a). That sentence states, ‘‘These rules will AGENCY: Office of the Chief Procurement [GSA BCA Amendment 2009–01; BCA Case remain in effect until the Board issues Officer, DHS. 2009–61–1; Docket Number 2009–0016, Sequence 1] final rules of procedure or June 30, ACTION: Final rule; correction. 2008, whichever occurs earlier.’’ Upon RIN 3090–AI99 issuance of the final rules, that sentence SUMMARY: This document makes became surplusage, and it is therefore corrections to the Homeland Security Civilian Board of Contract Appeals; Acquisition Regulation in order to make BCA Case 2009–61–1; Rules of now removed. technical citation changes and to Procedure of the Civilian Board of B. Regulatory Flexibility Act remove redundant language. Contract Appeals DATES: Effective date: December 16, The General Services Administration AGENCIES: Civilian Board of Contract 2009. certifies that this final rule will not have Appeals, General Services a significant economic impact on a FOR FURTHER INFORMATION CONTACT: Administration (GSA) substantial number of small entities Gloria Sochon, Senior Procurement ACTION: Final rule. within the meaning of the Regulatory Analyst, at (202) 447–5307 for Flexibility Act, 5 U.S.C. 601, et seq., clarification of content. SUMMARY: This document provides two because the rule does not impose any SUPPLEMENTARY INFORMATION: This revisions to the rules governing proceedings before the Civilian Board of additional costs on large or small document makes corrections to the businesses. Homeland Security Acquisition Contract Appeals (Board), published in Regulation (HSAR), final rule the Federal Register on May 12, 2008. C. Paperwork Reduction Act Prohibition on Federal Protective First, the Board is correcting the Service Guard Services Contracts with heading for Chapter 61. Upon The Paperwork Reduction Act does Business Concerns Owned, Controlled, publication of the rules in the Code of not apply because the changes do not or Operated By an Individual Convicted Federal Regulations, the heading for impose recordkeeping or information of a Felony [HSAR Case 2009–001], 74 Chapter 61 was erroneously changed. collection requirements, or otherwise FR 58851 (Nov. 16, 2009). The technical This document corrects that error. In collect information from offerors, corrections are required to conform the addition, a sentence that became contractors, or members of the public HSAR to citation in the Federal surplusage upon issuance of the rules is that require approval of the Office of Acquisition Regulations and remove being removed. Management and Budget under 44 redundant language. DATES: Effective Date: December 16, U.S.C. 3501, et seq. 2009. ■ In FR Doc. E9–27330, published List of Subjects in 48 CFR Part 6101 November 16, 2009 (74 FR 58851), make FOR FURTHER INFORMATION CONTACT: the following corrections: Margaret S. Pfunder, Chief Counsel, Administrative practice and Civilian Board of Contract Appeals, procedure, Agriculture, Freight Subpart 3009 [Corrected] telephone (202) 606–8800, e-mail forwarders, Government procurement, ■ 1. On page 58856, column 1, address [email protected] for Travel and relocation expenses. instruction 2a, is revised to read clarification of content. For information Dated: October 21, 2009. pertaining to status or publication ‘‘Redesignating section 3009.104–70 as Stephen M. Daniels, section 3009.108–70, and subsections schedules, contact the Regulatory Secretariat at (202) 501–4755. Please Chairman, Civilian Board of Contract 3009.104–71 through 3009.104–75 as Appeals, General Services Administration. subsections 3009.108–7001 through cite BCA Case 2009–61–1. 3009.108–7005, respectively, and SUPPLEMENTARY INFORMATION: ■ Therefore, GSA amends 48 CFR section 3009.170 is added and reserved. A. Background Chapter 61 as set forth below: 3052.209–76 [Corrected] The Civilian Board of Contract CHAPTER 61—CIVILIAN BOARD OF ■ 2. On page 58858, column 2, in Appeals was established within the CONTRACT APPEALS, GENERAL SERVICES ADMINISTRATION subsection 3052.209–76, in the header General Services Administration (GSA) of the contract clause, remove ‘‘(AUG by section 847 of the National Defense ■ 1. The authority citation for 48 CFR 2009)’’ and add in its place ‘‘(DEC Authorization Act for Fiscal Year 2006, Part 6101 continues to read as follows: 2009)’’. Pub. L. 109–163. Effective January 6, Authority: 41 U.S.C. 601–613. ■ 3. On page 58858, at the bottom of 2007, the boards of contract appeals that column 2, in section 3052.209– existed at the General Services ■ 2. Amend Chapter 61 by revising the 76(c)(2)(v)(A) remove: Administration and the Departments of Chapter heading as set forth above.

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66585

PART 6101—CONTRACT DISPUTE Highway, Silver Spring, MD 20910, visit 2. Administrative Regulatory CASES the HMS website at http://www.nmfs. Modifications and Clarifications noaa.gov/sfa/hms/, or contact Steve 6101.1 [Amended] In addition to adjusting the North and Durkee. South Atlantic swordfish quotas, NMFS ■ 3. Amend section 6101.1 by removing FOR FURTHER INFORMATION CONTACT: is also performing the following five the second sentence from paragraph (a). Steve Durkee or Karyl Brewster-Geisz by administrative modifications and [FR Doc. E9–29838 Filed 12–15–09; 8:45 am] phone: 301–713–2347 or by fax: 301– clarifications to the regulations: (1) BILLING CODE 6820–AL–P 713–1917 or Rick Pearson by phone: clarifying minimum size requirements 727–824–5399. for whole and dressed swordfish; (2) SUPPLEMENTARY INFORMATION: The U.S. issuing ‘‘participant certificates’’ at DEPARTMENT OF COMMERCE Atlantic swordfish fishery is managed shark identification workshops to under the 2006 Consolidated HMS FMP. attendees who do not have a dealer National Oceanic and Atmospheric Implementing regulations at 50 CFR part license; (3) requiring that any dead Administration 635 are issued under the authority of the bycatch in the pelagic longline fishery Magnuson-Stevens Fishery be brought on board, at the observer’s 50 CFR Parts 300 and 635 Conservation and Management Act request, for biological sampling; (4) (Magnuson-Stevens Act), 16 U.S.C. 1801 requiring that any changes in [080724902–91404–02] et seq., and the Atlantic Tunas information contained in an application RIN 0648–AX07 Convention Act (ATCA), 16 U.S.C. 971 for an Atlantic Tuna Longline Limited et seq. Regulations issued under the Access Permit be submitted in writing; Atlantic Highly Migratory Species; authority of ATCA carry out the and (5) clarifying the information that is North and South Atlantic Swordfish recommendations of ICCAT. to be included on consignment Quotas Information on the specific measures documents for the importation of laid out in the proposed rule can be Atlantic, Pacific and Southern bluefin AGENCY: National Marine Fisheries found in 74 FR 39032 (August 5, 2009) tuna, frozen bigeye tuna, and swordfish. Service (NMFS), National Oceanic and and are not repeated here. A brief Atmospheric Administration (NOAA), 3. Adjustment and Implementation of summary of the actions in this final rule Commerce. Time/Area Closures in the Gulf of can be found below. ACTION: Final rule. Mexico 1. Swordfish Quotas Under current regulations (50 CFR SUMMARY: This final rule adjusts the This final rule adjusts the North and 635.21 (a)(4)(ii) (iv)), the Madison- North and South Atlantic swordfish South Atlantic swordfish quotas for the Swanson and Steamboat Lumps time/ quotas for the 2009 fishing year (January 2009 fishing year (January 1, 2009, area closures within the Gulf of Mexico 1, 2009, through December 31, 2009) to through December 31, 2009) to account are set to expire on June 16, 2010. This account for underharvests, and transfers for underharvests in 2008, and to rule eliminates this sunset provision 18.8 metric tons (mt) dressed weight transfer 18.8 metric tons (mt) dressed and prevents expiration of the time/area (dw) to Canada per the 2006 and 2008 weight (dw) to Canada per the 2006 and closures on June 16, 2010, consistent International Commission for the 2008 International Commission for the with the Gulf of Mexico Fishery Conservation of Atlantic Tunas (ICCAT) Conservation of Atlantic Tunas (ICCAT) Management Council (GOMFMC) recommendations 06–03 and 08–02. In recommendations 06–03 and 08–02. The regulations. Additionally, this final rule addition, this final rule includes minor 2009 North Atlantic swordfish baseline establishes a time/area closure in the regulatory modifications and quota is 2,937.6 mt dw. The total North northwestern Gulf of Mexico called the clarifications, eliminates an existing Atlantic swordfish underharvest for ‘‘Edges 40 Fathom Contour,’’ at the sunset provision in the Madison- 2008 was 2,692 mt dw, which exceeds request of GOMFMC. The boundaries of Swanson and Steamboat Lumps time/ the maximum carryover cap of 1,468.8 this closure are defined by the area closure, and establishes a small mt dw, established in ICCAT coordinates: NW = 28° 51’N, 85° 16’W; time/area closure in the Gulf of Mexico recommendation 06–02, and renewed in NE = 28° 51 ’N, 85° 04’W; SW = 28° called the ‘‘Edges 40 Fathom Contour.’’ 08–02. Therefore, NMFS is carrying over 14’N, 84° 54’W; SE = 28° 14’N, 84 42’W. These changes could impact fishermen the capped amount per the ICCAT with a commercial swordfish, HMS Response to Comments recommendation. Thus, the baseline Angling, or Charter/Headboat (CHB) quota plus the underharvest carryover NMFS received two comments on the permit who fish for Atlantic swordfish. maximum of 1,468.8 mt dw equals an proposed rule which are summarized DATES: This rule is effective on January adjusted quota of 4,406.4 mt dw for the below, together with NMFS’ responses. 15, 2010. 2009 fishing year (Table 1). Comment: NMFS received two ADDRESSES: For copies of the supporting The 2009 South Atlantic swordfish comments in opposition to the annual documents, including the proposed rule baseline quota is 75.2 mt dw. The total 18.8 mt dw quota transfer to Canada (74 FR 39032, August 5, 2009); the EA South Atlantic swordfish underharvest from the reserve category. The first for the Gulf of Mexico time/area for 2008 was 150.4 mt dw, which comment, made by Captain Chris closures included in this rule; the exceeds the maximum carryover cap of Walter, expressed general opposition to Environmental Assessment (EA) for the 75.2 mt dw, established in ICCAT the quota transfer. The second stated 2007 Swordfish Specifications, recommendation 06–03. Therefore, comment, made by David Allison of Regulatory Impact Review (RIR), and NMFS is carrying over the capped Oceana, expressed concern over higher Final Regulatory Flexibility Analysis amount per the ICCAT bycatch rates in the Canadian swordfish (FRFA); and the 2006 Consolidated recommendation. As a result, the fishery than in the U.S. fishery. This Atlantic Highly Migratory Species baseline quota plus the underharvest commenter wrote that negative impacts (HMS) Fishery Management Plan (FMP), carryover maximum of 75.2 mt dw on sea turtles in the Canadian swordfish please write to Highly Migratory Species equals an adjusted quota of 150.4 mt dw fishery were not specifically examined Management Division, 1315 East-West for the 2009 fishing year (Table 1). in the 2007 Environmental Assessment

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES 66586 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

for the 2007 Swordfish Specifications, the proposed rule stage that this action § 635.2 Definitions. and that analysis must be performed would not have a significant economic * * * * * before any further annual quota impact on a substantial number of small Edges 40 Fathom Contour closed area transfers. This analysis should include entities. The factual basis for the means a parallelogram-shaped area in both an Environmental Impact certification was published in the the Gulf of Mexico bounded by straight Statement and ESA Biological Opinion. proposed rule and is not repeated here. lines connecting the following Response: The annual transfer of No comments were received regarding coordinates in the order stated: 28° 51’ quota to Canada is necessary to comply this certification. As a result, a N. lat., 85° 16’ W. long.; 28° 51’ N. lat., with ICCAT Recommendation 06–02 regulatory flexibility analysis was not 85° 04’ W. long.; 28° 14’ N. lat., 84° 42’ (extended via Rec. 08–02), as agreed required and none was prepared. W. long.; 28° 14’ N. lat., 84° 54’ W. long. upon by the CPCs, which explicitly * * * * * states that the U.S. is to transfer 25 mt List of Subjects ■ 5. In § 635.4, paragraph (i) is revised ww (18.8 mt dw) to Canada annually, 50 CFR Part 300 among other things. Per the ATCA, the to read as follows: Reporting and recordkeeping U.S. is obligated to implement ICCAT- requirements. § 635.4 Permits and fees. approved recommendations. This * * * * * mandate offers no leeway for NMFS to 50 CFR Part 635 (i) Change in application information. alter the annual quota transfer to Fisheries, Fishing, Management, A vessel owner or dealer must report Canada. The 2007 Environmental Reporting and recordkeeping any change in the information contained Assessment for the 2007 Swordfish requirements, Treaties. in an application for a permit within 30 Specifications addressed this transfer by days after such change. The report must reference to the 2004 Environmental Dated: December 10, 2009. be submitted in a manner and/or to a Assessment accompanying the final rule Samuel D. Rauch III, location designated by NMFS. For to Implement ICCAT Atlantic Swordfish Deputy Assistant Administrator for certain information changes, a new Quota Recommendations. In addition, Regulatory Programs, National Marine permit may be issued to incorporate the the amount of quota transferred to Fisheries Service. new information, subject to limited Canada is low enough that any impacts, ■ For the reasons set out in the access provisions specified in paragraph including any negative impacts to sea preamble, 50 CFR parts 300 and 635 are (l)(2) of this section. NMFS may require turtles, will be negligible. The 25 mt ww amended as follows: supporting documentation before a new quota transfer is 0.18 percent of the total permit will be issued. If a change in the North Atlantic swordfish quota, and PART—300 INTERNATIONAL permit information is not reported only 0.64 percent of the U.S. portion of FISHERIES REGULATIONS within 30 days, the permit is void as of the quota. Subpart M—International Trade the 31st day after such change. Changes from the Proposed Rule Documentation and Tracking * * * * * This final rule contains one change Programs for Highly Migratory Species ■ 6. In § 635.7, paragraph (f) is added to from the proposed rule. The regulatory ■ 1. The authority citation for subpart M read as follows: language modifying the method to continues to read as follows: change address information on an § 635.7 At-sea observer coverage. Authority: Authority: 16 U.S.C. 951–961 * * * * * Atlantic Tuna Longline Limited Access and 971 et seq.; 16 U.S.C. 1801 et seq. Permit (50 CFR 635.4(i)) was altered to (f) Vessel responsibilities. An owner ■ 2. In § 300.185, paragraph (a)(2)(vii) is be more general. The regulatory or operator of a vessel required to carry revised to read as follows: language in the proposed rule stated one or more observer(s) must provide that permit information changes must be § 300.185 Documentation, reporting and reasonable assistance to enable made, in writing, to an address specified recordkeeping requirements for observer(s) to carry out their duties, by NMFS. The language in this final consignment documents and re-export including, but not limited to: rule states that permit information certificates. (1) Measuring decks, codends, and changes must be made in a manner and/ (a) * * * holding bins. or to a location specified by NMFS. The (2) * * * (2) Providing the observer(s) with a intent and practical effect did not (vii) For fish or fish products, except safe work area. change, but the more general language shark fins, regulated under this subpart (3) Collecting bycatch when requested will give NMFS flexibility in altering that are entered for consumption, the by the observer(s). the method to change information to a permit holder must provide correct and (4) Collecting and carrying baskets of permit in the future. complete information, as requested by fish when requested by the observer(s). NMFS, on the original consignment (5) Allowing the observer(s) to collect Classification document that accompanied the biological data and samples. The Acting Assistant Administrator consignment. (6) Providing adequate space for for Fisheries has determined that this * * * * * storage of biological samples. final rule is consistent with the ■ 7. In § 635.8, paragraphs (b)(4) and (5) Consolidated HMS FMP, the Magnuson- PART 635—ATLANTIC HIGHLY and (c) (4) and (5) are revised and Stevens Act, ATCA, and other MIGRATORY SPECIES paragraph (b) (6) is added to read as applicable law. follows: This final rule has been determined to 3. The authority citation for part 635 be not significant for purposes of continues to read as follows: § 635.8 Workshops. Executive Order 12866. Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. * * * * * The Chief Counsel for Regulation of 1801 et seq. (b) * * * the Department of Commerce certified ■ 4. In § 635.2, the following definition (4) Only dealers issued a valid shark to the Chief Counsel for Advocacy of the is added within the correct alphabetic dealer permit may send a proxy to the Small Business Administration during order: Atlantic shark identification workshops.

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66587

If a dealer opts to send a proxy, the an Atlantic shark dealer permit. take, retain, possess, or land a whole dealer must designate at least one proxy Pursuant to § 635.8(c)(4), an Atlantic (head on) North or South Atlantic from each place of business listed on the shark dealer may not first receive, swordfish taken from its management dealer permit, issued pursuant to purchase, trade, or barter for Atlantic unit that is not equal to or greater than § 635.4(g)(2), which first receives shark without a valid dealer or proxy 47 inches (119 cm) LJFL. A swordfish Atlantic shark by way of purchase, Atlantic shark identification workshop with the head naturally attached that is barter, or trade. The proxy must be a certificate issued to the dealer or proxy. damaged by shark bites may be retained person who is currently employed by a After an Atlantic shark dealer permit is only if the length of the remainder of the place of business covered by the dealer’s issued to a person using an Atlantic fish is equal to or greater than 47 inches permit; is a primary participant in the shark identification workshop (119 cm) LJFL. identification, weighing, and/or first participant certificate, such person may (2) If the head of a swordfish has been receipt of fish as they are offloaded from obtain an Atlantic shark identification removed prior to or at the time of a vessel; and fills out dealer reports as workshop dealer certificate for each landing, the CK measurement is the sole required under § 635.5. Only one location which first receives Atlantic criterion for determining the size of a certificate will be issued to each proxy. sharks by way of purchase, barter, or swordfish. No person shall take, retain, If a proxy is no longer employed by a trade by contacting NMFS at an address possess, or land a dressed North or place of business covered by the dealer’s designated by NMFS. South Atlantic swordfish taken from its permit, the dealer or another proxy must (c) * * * management unit that is not equal to or be certified as having completed a (4) An Atlantic shark dealer may not greater than 29 inches (73 cm) CK workshop pursuant to this section. At first receive, purchase, trade, or barter length. A swordfish with the head least one individual from each place of for Atlantic shark without a valid dealer removed that is damaged by shark bites business listed on the dealer permit or proxy Atlantic shark identification may be retained only if the length of the which first receives Atlantic sharks by workshop certificate issued to the dealer remainder of the carcass is equal to or way of purchase, barter, or trade must or proxy. A valid dealer or proxy greater than 29 inches (73 cm) CK possess a valid Atlantic shark Atlantic shark identification workshop length. identification workshop certificate. certificate issued to the dealer or proxy (3) No person shall import into the (5) A Federal Atlantic shark dealer must be maintained on the premises of United States an Atlantic swordfish issued or required to be issued a shark each place of business listed on the weighing less than 33 lb (15 kg) dressed dealer permit pursuant to § 635.4(g)(2) dealer permit which first receives weight, or a part derived from a must possess and make available for Atlantic sharks by way of purchase, swordfish that weighs less than 33 lb inspection a valid dealer or proxy barter, or trade. An Atlantic shark dealer (15 kg) dressed weight. Atlantic shark identification workshop may not renew a Federal dealer permit (4) Except for a swordfish landed in certificate issued to the dealer or proxy issued pursuant to § 635.4(g)(2) unless a a Pacific state and remaining in that at each place of business listed on the copy of a valid dealer or proxy Atlantic Pacific state of landing, a swordfish, or dealer permit which first receives shark identification workshop certificate part thereof, not meeting the minimum Atlantic sharks by way of purchase, issued to the dealer or proxy has been size measurements specified in barter, or trade. For the purposes of this submitted with the permit renewal § 635.20(f)(1) or (2) will be deemed to be part, trucks or other conveyances of a application. If the dealer is not certified an Atlantic swordfish harvested by a dealer’s place of business are considered and opts to send a proxy or proxies to vessel of the United States and to be in to be extensions of a dealer’s place of a workshop, the dealer must submit a violation of the minimum size business and must possess a copy of a copy of a valid proxy certificate for each requirement of this section unless such valid dealer or proxy Atlantic shark place of business listed on the dealer swordfish, or part thereof, is identification workshop certificate permit which first receives Atlantic accompanied by a swordfish statistical issued to a place of business covered by sharks by way of purchase, barter, or document attesting that the swordfish the dealer permit. A copy of a valid trade. was lawfully imported. Refer to Atlantic shark identification workshop (5) A vessel owner, operator, shark § 300.186 of this title for the certificate must be included in the dealer, proxy for a shark dealer, or requirements related to the swordfish dealer’s application package to obtain or participant who is issued either a statistical document. renew an Atlantic shark dealer permit. protected species workshop certificate (5) A swordfish, or part thereof, will If multiple businesses are authorized to or an Atlantic shark identification be monitored for compliance with the receive Atlantic sharks under the workshop certificate may not transfer minimum size requirement of this Atlantic shark dealer’s permit, a copy of that certificate to another person. section from the time it is landed in, or the Atlantic shark identification * * * * * imported into, the United States up to, workshop certificate for each place of and including, the point of first ■ business listed on the Atlantic shark 8. In § 635.20, paragraphs (a) and (f) transaction in the United States. are revised to read as follows: dealer permit which first receives ■ 9. In § 635.21, paragraphs (a) (4) (ii) Atlantic sharks by way of purchase, § 635.20 Size limits. and (iii) are revised and paragraph (a) barter, or trade must be included in the (4) (v) is added to read as follows: Atlantic shark dealer permit renewal (a) General. The CFL will be the sole application package. criterion for determining the size and/or § 635.21 Gear operation and deployment (6) Persons holding an expired size class of whole (head on) Atlantic restrictions. Atlantic shark dealer permit and tunas for a vessel that has been issued * * * * * persons who intend to apply for a new a limited access North Atlantic (a) * * * Atlantic shark dealer permit will be swordfish permit under § 635.4. (4) * * * issued a participant certificate in their * * * * * (ii) From November through April of name upon successful completion of the (f) Swordfish. (1) For a swordfish that each year, no vessel issued, or required Atlantic shark identification workshop. has its head naturally attached, the LJFL to be issued, a permit under this part A participant certificate issued to such is the sole criterion for determining the may fish or deploy any type of fishing persons may be used only to apply for size of a swordfish. No person shall gear in the Madison-Swanson closed

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES 66588 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

area or the Steamboat Lumps closed gear in the Edges 40 Fathom Contour (14) Receive, purchase, trade, or barter area, as defined in § 635.2. closed area, as defined in § 635.2. for Atlantic sharks without making (iii) From May through October of * * * * * available for inspection, at each of the each year, no vessel issued, or required ■ 10. In § 635.71, paragraphs (d) (11) dealer’s places of business listed on the to be issued, a permit under this part and (14) are revised to read as follows: dealer permit which first receives Atlantic sharks by way of purchase, may fish or deploy any type of fishing § 635.71 Prohibitions. gear in the Madison-Swanson or the barter, or trade, a valid dealer or proxy * * * * * Steamboat Lumps closed areas except Atlantic shark identification workshop (d) * * * certificate issued by NMFS to the dealer for surface trolling, as specified below (11) Receive, purchase, trade, or barter or proxy in violation of § 635.8(b), under paragraph (a)(4)(iv) of this for Atlantic sharks without a valid except that trucks or other conveyances section. dealer or proxy Atlantic shark of the business must possess a copy of * * * * * identification workshop certificate such certificate. (v) From January through April of issued to the dealer or proxy or fail to * * * * * each year, no vessel issued, or required be certified for completion of a NMFS Atlantic shark identification workshop [FR Doc. E9–29939 Filed 12–15–09; 8:45 am] to be issued, a permit under this part in violation of § 635.8. may fish or deploy any type of fishing BILLING CODE 3510–22–S * * * * *

VerDate Nov<24>2008 16:12 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on DSKH9S0YB1PROD with RULES 66589

Proposed Rules Federal Register Vol. 74, No. 240

Wednesday, December 16, 2009

This section of the FEDERAL REGISTER DATES: Comments on this draft technical You can access publicly available contains notices to the public of the proposed basis should be submitted by January documents related to this notice using issuance of rules and regulations. The 31, 2010. Comments received after this the following methods: purpose of these notices is to give interested date will be considered if it is practical NRC’s Public Document Room (PDR): persons an opportunity to participate in the to do so, but the NRC is able to ensure The public may examine and have rule making prior to the adoption of the final rules. consideration only for comments copied, for a fee, publicly available received on or before this date. documents at the NRC’s PDR, Public Public Meeting: The NRC will also File Area O–1F21, One White Flint NUCLEAR REGULATORY take public comments on this draft North, 11555 Rockville Pike, Rockville, COMMISSION technical basis at a public webinar on Maryland. January 14, 2010. NRC’s Agencywide Documents Access 10 CFR Parts 72 and 73 and Management System (ADAMS): ADDRESSES: You may submit comments Publicly available documents created or [NRC–2009–0558] by any one of the following methods. received at the NRC are available Please include Docket ID NRC–2009– electronically at the NRC’s Electronic Draft Technical Basis for Rulemaking 0558 in the subject line of your Reading Room at http://www.nrc.gov/ Revising Security Requirements for comments. Comments submitted in reading-rm/adams.html. From this page, Facilities Storing SNF and HLW; Notice writing or in electronic form will be the public can gain entry into ADAMS, of Availability and Solicitation of posted on the NRC Web site and on the which provides text and image files of Public Comments Federal e-Rulemaking Web site at NRC’s public documents. If you do not http://www.regulations.gov. Because AGENCY: have access to ADAMS or if there are Nuclear Regulatory your comments will not be edited to Commission. problems in accessing the documents remove any identifying or contact located in ADAMS, contact the NRC’s ACTION: Notice of availability and information, the NRC cautions you request for public comment. PDR reference staff at 1–800–397–4209, against including any information in 301–415–4737, or by e-mail to your submission that you do not want SUMMARY: The Nuclear Regulatory [email protected]. The draft to be publicly disclosed. Commission (Commission or NRC) is technical basis to revise the security seeking input from the public, licensees, The NRC requests that any party requirements for facilities storing SNF certificate holders, and other soliciting or aggregating comments and HLW is available electronically stakeholders on a draft technical basis received from other persons for under ADAMS Accession No. for a proposed rulemaking that would submission to the NRC inform those ML093280743. revise the NRC’s security requirements persons that the NRC will not edit their Federal Rulemaking Web Site: Public for the storage of spent nuclear fuel comments to remove any identifying or comments and supporting materials (SNF) at an Independent Spent Fuel contact information, and therefore, they related to this notice can be found at Storage Installation (ISFSI) and the should not include any information in http://www.regulations.gov by searching storage of SNF and/or high-level their comments that they do not want on Docket ID: NRC–2009–0558. radioactive waste (HLW) at a Monitored publicly disclosed. FOR FURTHER INFORMATION CONTACT: Retrievable Storage Installation (MRS). To ensure efficient and complete Philip Brochman or Rupert (Rocky) This contemplated rulemaking would comment resolution, comments should Rockhill, Office of Nuclear Security and also make conforming changes to the include references to the section and Incident Response, U.S. Nuclear ISFSI and MRS licensing requirements page numbers of the document to which Regulatory Commission, Washington, for security plans and programs. The the comment applies, if possible. When DC 20555–0001; telephone (301) 415– NRC has developed a draft technical commenting on the technical basis, 6557; e-mail: [email protected]; basis for this proposed rulemaking that please exercise caution and do not or (301) 415–3734; e-mail describes the agency’s overall include any site-specific security-related [email protected], respectively. objectives, conceptual approaches, information. SUPPLEMENTARY INFORMATION: potential solutions, integration with Federal Rulemaking Web Site: Go to agency strategic goals, and related http://www.regulations.gov and search Background technical and regulatory clarity issues. for documents filed under Docket ID The NRC requires high assurance of The NRC is soliciting comments on this NRC–2009–0558. Address questions adequate protection of public health and draft technical basis document from the about NRC dockets to Carol Gallagher safety, the common defense and public, licensees, and other stakeholders 301–492–3668; e-mail security, and the environment for the to confirm that an adequate technical [email protected]. secure storage of SNF and HLW. The basis exists to proceed with rulemaking Mail comments to: Michael T. Lesar, NRC meets this strategic goal by to issue new risk-informed and Chief, Rulemaking and Directives requiring ISFSI licensees to comply performance-based security regulations Branch (RDB), Division of with security requirements specified in for SNF and HLW storage facilities. Administrative Services, Office of Title 10 of the Code of Federal The NRC will conduct a public Administration, Mail Stop: TWB–05– Regulations, Part 73 (10 CFR Part 73), Webinar on January 14, 2010, to discuss B01M, U.S. Nuclear Regulatory ‘‘Physical Protection of Plants and this draft technical basis and to facilitate Commission, Washington, DC 20555– Materials.’’ Following the terrorist the public’s and stakeholder’s 0001, or by fax to RDB at (301) 492– attacks of September 11, 2001, the NRC submission of informed comments. 3446. has continued to achieve this requisite

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 66590 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

high assurance for all facilities licensed located away from any power reactors. Foundation, Inc. (PRM–72–6) may be to store SNF through a combination of In response to the new information relevant to this rulemaking. The NRC these existing security regulations and gained from these security assessments published a notice of receipt and the issuance of security orders to and in recognition of the existing request for comment on PRM–72–6 in individual licensees. These orders regulatory challenges, the NRC staff the Federal Register on March 3, 2009 ensured that a consistent overall presented policy paper SECY–07–0148; (74 FR 91718). protective strategy is in place for all dated August 28, 2007, to the types of ISFSIs, given the current threat Commission to address these issues (a Objective One—Consistency environment. The NRC has not issued redacted version of this policy paper is The first objective is to propose a set any licenses for an MRS, nor are any publicly available under ADAMS of security requirements that will applications for a license for an MRS Package No. ML080030050 in NRC’s achieve consistent outcomes across the pending before the NRC. The issuance Electronic Reading Room at http:// wide range of SNF and HLW storage of these security orders was noticed in www.nrc.gov/reading-rm/adams.html.). facilities that either exist today, or could the Federal Register on October 23, This policy paper summarized the be licensed by the NRC under Part 72 2002 (see 67 FR 65150 and 67 FR 65152) current regulatory structure for ISFSI in the future. The existing ISFSI and for existing licensees. Subsequent to the security, analyzed several policy and MRS security regulations in Part 73 are issuance of these orders to all existing process issues, and provided unnecessarily complex; have not been ISFSI licensees, the NRC periodically recommendations in order to obtain updated in more than a decade; and are issued these same security orders to all early Commission direction on the challenging for the NRC staff, licensees, new ISFSI licensees, before such development of an ISFSI security applicants, and other stakeholders to facilities commenced operation. The rulemaking. In a Staff Requirements understand and apply. Accordingly, the NRC also noticed the issuance of these Memorandum (SRM–SECY–07–0148), rulemaking would— subsequent orders in the Federal the Commission directed the NRC staff Register. to proceed with the development of a (1) Create a more consistent and Following the terrorist attacks of proposed rulemaking that uses a risk- coherent regulatory structure for these September 11, 2001, the NRC completed informed and performance-based types of waste storage facilities; and security assessments for a range of NRC- approach for these facilities (ADAMS thereby improve agency transparency, licensed facilities. For ISFSIs, the NRC’s Accession No. ML073530119). The NRC regulatory clarity, and the ease of use of assessments were accomplished during has recently completed the draft these regulations; 2003 to 2005 and evaluated several technical basis to support this (2) Propose security requirements that types of dry storage cask designs that rulemaking. Because of the importance are consistent with the Commission’s were viewed as being representative of of this regulation, the staff has decided recent final rule updating the security the entire population of dry storage to release the technical documentation requirements for nuclear power reactors ISFSIs. These assessments evaluated for public comment. With this (see 74 FR 13925; March 29, 2009); both attacks using large aircraft and approach, the NRC can address (3) Propose security requirements that ground assaults using a variety of stakeholder questions and respond to address lessons learned during the methods. The results of assessments comments early in the process. In course of previous NRC inspections and indicated that no significant addition, the staff will hold a public FOF exercises held since the ISFSI vulnerabilities were indicated and thus Webinar on January 14, 2010, to discuss security regulations were last updated; no immediate changes in the security this draft technical basis and to facilitate and lessons learned during licensing requirements for ISFSIs were necessary. the public’s and stakeholder’s reviews of all of the power reactor However, the assessments did challenge submission of informed comments. security plans that were conducted in previous NRC conclusions on the ability 2003 and 2004 (following the issuance of a malevolent act to breach shielding I. Rulemaking Objectives of security orders to reactor licensees). and/or confinement barriers and thus The NRC’s specific objectives for this release radiation or radioactive material; rulemaking are to: Objective Two—Generic Applicability of and indicated that increased security (1) Update the ISFSI and MRS Security Orders requirements were warranted over the security requirements to improve the longer term. Because these assessments consistency and clarity of the Part 73 The second objective is to make the discuss vulnerability information, and regulations for both types of ISFSI appropriate provisions of the security thus could be used as potential targeting licenses (i.e., general and specific), to orders issued by the NRC to ISFSI tools, they are not publicly available. reflect the Commission’s current licensees following the terrorist attacks Finally, the current security thinking on security requirements, and of September 11, 2001, generically regulations for ISFSIs are quite complex to incorporate lessons learned from applicable. This includes both the and pose challenges both to NRC staff security inspections and Force-on-Force initial security orders issued in 2005 and to the regulated industry. This (FOF) evaluations conducted (on reactor and subsequently updated security regulatory complexity is due to multiple sites) since the ISFSI security orders issued in 2007. The NRC is factors, including: Two different types regulations were last updated in the proposing to make provisions of these of ISFSI licenses (general and specific 1990s; orders generically applicable in the licenses) under 10 CFR Part 72, (2) Make generically applicable proposed rulemaking and thus to ‘‘Licensing Requirements for the requirements similar to those imposed decontrol non-sensitive requirements to Independent Storage of Spent Nuclear on ISFSI licensees by the post-9/11 increase agency transparency and Fuel, High-Level Radioactive Waste, and ISFSI security orders; and regulatory clarity. Additionally, Reactor-Related Greater Than Class C (3) Use a risk-informed and measures such as vehicle barrier Waste,’’ and varying applicability of performance based structure in updating systems would be added to the regulations based upon whether the the ISFSI and MRS security regulations. regulations in Part 73. Finally, the NRC ISFSI is collocated with an operating Additionally, one of the issues raised would also address lessons learned in power reactor, collocated with a in a petition for rulemaking submitted inspecting the imposition of these decommissioning power reactor, or is by the C–10 Research and Education security orders.

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66591

Objective Three—Use a Risk-Informed container if the transfer pathway is not ‘‘* * * require Hardened On-site and Performance Based Structure protected by a temporary or permanent Storage (HOSS) at all nuclear power Under this approach, NRC is vehicle barrier system. ISFSI and MRS plants as well as away-from-reactor dry proposing to establish a security-based licensees would be required to design, cask storage; that all nuclear industry dose limit in Part 73 that has the same install, and implement a vehicle barrier interim on-site or off-site dry cask values as found under the current limits system (which may include the use of storage installations or ISFSIs be for safety-related accidents in 10 CFR landform obstacles) to mitigate the fortified against attack.’’ Consequently, Part 72. The requirement for licensees to effects of a land-based or, if applicable, item 11’s technical content appears to specify a controlled area boundary and a waterborne, vehicle bomb attack. be relevant to the scope of the proposed to meet a ‘‘5-Rem’’ dose limit for design In implementing this new risk- rulemaking and it is mentioned in the informed and performance-based basis accidents is specified in the draft technical basis. Therefore, the NRC approach for ISFSI and MRS security, current 10 CFR 72.106.1 Licensees may consider this petition in the course the NRC would discontinue the would use the information supplied by application of the design basis threat of developing the proposed rule. the NRC in combination with (DBT) for radiological sabotage to However, the NRC has not yet reached information specific to their facility general license ISFSIs. The current a decision on acceptance of this petition (e.g., distance from the ISFSI or MRS to regulations only apply the DBT for and this notice does not prejudge the the controlled area boundary, specific radiological sabotage to general license agency’s final action on whether to storage cask type, specific fuel burn-up ISFSIs. This is an example of accept the requests in PRM–72–6. (i.e., radionuclide inventory), and inconsistent treatment of ISFSIs and II. Specific Proposal distance to the facility’s site boundary) MRSs. The Commission had previously to calculate the potential dose and to indicated that the issue of whether or The draft technical basis supports a verify that a 0.05–Sv (5-Rem) dose limit not to apply the DBT for radiological forthcoming proposed revision to the to be included in Part 73, has been met. sabotage to all ISFSIs (and thus to MRSs The NRC envisions that licensees would current regulations in 10 CFR Parts 72 as well) would be addressed in a future and 73, and adding new regulations in use an iterative process that considers rulemaking.2 changes to parameters (e.g., distance to 10 CFR Part 73. This draft technical In developing this risk-informed and basis will be used by the NRC to the controlled area boundary) in order performance-based approach, the NRC to meet the 0.05–Sv (5-Rem) security develop a proposed rulemaking revising staff also considered the findings and the security requirements for facilities dose limit. Licensees who could not recommendations contained in the storing SNF and/or HLW. The NRC meet the 0.05–Sv (5-Rem) dose limit National Academy of Sciences’ (NAS’) notes that the public, licensees, (either with their current facility or by National Research Council report on expanding the controlled area boundary ‘‘Safety and Security of Commercial certificate holders, and other of their facility) would be required to Spent Nuclear Fuel Storage: Report to stakeholders will have a future consider other options. These options Congress,’’ dated July 2004 (particularly opportunity to comment on the could include increasing the size of the those findings and recommendations proposed rulemaking when that licensee’s facility, using engineered contained in sections 4 and 5 of the document is published in the Federal security barriers and features to prevent NAS report). This report contains Register. a specific ‘‘security scenario,’’ if classified national security information This draft technical basis does not possible, or shifting to a ‘‘denial’’ and is not publicly available. include any revisions to the security protective strategy to prevent the Additionally, in 2006, the NAS requirements that are applicable to a specific ‘‘security scenario’’ from published a redacted version of this geologic repository operations area that succeeding. study titled ‘‘Safety and Security of would be licensed under 10 CFR Parts ISFSI and MRS licensees would also Commercial Spent Nuclear Fuel Storage: 60 or 63 (see separate proposed rule 72 be required to evaluate the effects from Public Report.’’ This study is available FR 72521; December 20, 2007). the detonation of both a land-based or from the NAS for a fee (see the NAS waterborne vehicle bomb attack (the Web site at http://www.nap.edu/ III. Availability of Documents size of the explosive and the vehicle catalog.php?record_id=11263#toc). The characteristics would be specified by NAS study was based, in part, upon the The following table indicates the draft the NRC) against the SNF or HLW results of the NRC’s 2003 to 2005 technical basis and related documents storage casks, facility, or pool; against security assessments on four that are available to the public and how the facility’s central and secondary representative dry SNF storage systems. they may be obtained. See the alarm stations; against security ADDRESSES section above for personnel defensive positions (if the Petiton for Rulemaking (PRM–72–6) information on the physical locations licensee employs a denial protective Petition for rulemaking (PRM–72–6), and Web sites to access these strategy); and against a transfer item number 11, requests that the NRC documents.

Electronic Document PDR Web reading room (ADAMS)

Draft Technical Basis, Revision 1 (December 2009) ...... X X ML093280743 Commission: SECY–07–0148 (redacted) (August 28, 2007) ...... X X ML080030050 Commission: SRM–SECY–07–0148 (December 18, 2007) ...... X X ML073530119

1 The dose criteria in 10 CFR 72.106 includes deep dose equivalent and any organ dose, or the 2 Final rule—10 CFR Part 73, ‘‘Design Basis separate limits of 0.05 Sv (5 Rem) total effective shallow dose equivalent to the skin or any Threat,’’ published on March 19, 2007 (72 FR dose equivalent; 0.15 Sv (15 Rem) to the lens of the extremity. Collectively, these values are hereinafter 12705), see response to public comment Issue 5 (at eye; and 0.5 Sv (50 Rem) as either the sum of the referred to as the 0.05–Sv (5–Rem) dose limit. 72 FR 12716).

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 66592 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

IV. Specific Considerations and Operations Support Group, Federal operations at Huntingburg Airport, Questions Aviation Administration, Southwest Huntingburg, IN. Adjustment to the The NRC requests public comments Region, 2601 Meacham Blvd., Fort geographic coordinates would be made on this draft technical basis by the Worth, TX 76137; telephone: (817) 321– in accordance with the FAAs National DATES section specified above. The NRC 7716. Aeronautical Charting Office. Controlled has not identified any specific questions SUPPLEMENTARY INFORMATION: airspace is needed for the safety and for public and stakeholder input. management of IFR operations at the Comments Invited airport. Dated at Rockville, Maryland, this 8th day Interested parties are invited to of December 2009. Class E airspace areas are published participate in this proposed rulemaking in Paragraph 6005 of FAA Order For the Nuclear Regulatory Commission. by submitting such written data, views, Richard P. Correia, 7400.9T, dated August 27, 2009, and or arguments, as they may desire. effective September 15, 2009, which is Director, Division of Security Policy, Office Comments that provide the factual basis of Nuclear Security and Incident Response. incorporated by reference in 14 CFR supporting the views and suggestions 71.1. The Class E airspace designation [FR Doc. E9–29872 Filed 12–15–09; 8:45 am] presented are particularly helpful in listed in this document would be BILLING CODE 7590–01–P developing reasoned regulatory published subsequently in the Order. decisions on the proposal. Comments are specifically invited on the overall The FAA has determined that this DEPARTMENT OF TRANSPORTATION regulatory, aeronautical, economic, proposed regulation only involves an environmental, and energy-related established body of technical Federal Aviation Administration aspects of the proposal. regulations for which frequent and Communications should identify both routine amendments are necessary to 14 CFR Part 71 docket numbers and be submitted in keep them operationally current. It, [Docket No. FAA–2009–0736; Airspace triplicate to the address listed above. therefore, (1) is not a ‘‘significant Docket No. 09–AGL–21] Commenters wishing the FAA to regulatory action’’ under Executive acknowledge receipt of their comments Order 12866; (2) is not a ‘‘significant Proposed Amendment of Class E on this notice must submit with those rule’’ under DOT Regulatory Policies Airspace; Huntingburg, IN comments a self-addressed, stamped and Procedures (44 FR 11034; February postcard on which the following 26, 1979); and (3) does not warrant AGENCY: Federal Aviation statement is made: ‘‘Comments to preparation of a Regulatory Evaluation Administration (FAA), DOT. Docket No. FAA–2009–0736/Airspace as the anticipated impact is so minimal. ACTION: Notice of proposed rulemaking Docket No. 09–AGL–21.’’ The postcard Since this is a routine matter that will (NPRM). will be date/time stamped and returned only affect air traffic procedures and air SUMMARY: This action proposes to to the commenter. navigation, it is certified that this rule, when promulgated, will not have a amend Class E airspace at Huntingburg, Availability of NPRMs IN. Additional controlled airspace is significant economic impact on a necessary to accommodate new An electronic copy of this document substantial number of small entities Standard Instrument Approach may be downloaded through the under the criteria of the Regulatory Procedures (SIAPs) at Huntingburg Internet at http://www.regulations.gov. Flexibility Act. Airport, Huntingburg, IN. The FAA is Recently published rulemaking The FAA’s authority to issue rules taking this action to enhance the safety documents can also be accessed through regarding aviation safety is found in and management of Instrument Flight the FAA’s Web page at http:// Title 49 of the U.S. Code. Subtitle 1, www.faa.gov/airports_airtraffic/ Rules (IFR) operations for SIAPs at _ section 106 describes the authority of Huntingburg Airport. air traffic/publications/ the FAA Administrator. Subtitle VII, airspace_amendments/. DATES: 0901 UTC. Comments must be Aviation Programs, describes in more Additionally, any person may obtain detail the scope of the agency’s received on or before February 1, 2010. a copy of this notice by submitting a ADDRESSES: Send comments on this authority. This rulemaking is request to the Federal Aviation promulgated under the authority proposal to the U.S. Department of Administration (FAA), Office of Air Transportation, Docket Operations, 1200 described in subtitle VII, part A, subpart Traffic Airspace Management, ATA– I, section 40103. Under that section, the New Jersey Avenue, SE., West Building 400, 800 Independence Avenue, SW., Ground Floor, Room W12–140, FAA is charged with prescribing Washington, DC 20591, or by calling regulations to assign the use of airspace Washington, DC 20590–0001. You must (202) 267–8783. Communications must identify the docket number FAA–2009– necessary to ensure the safety of aircraft identify both docket numbers for this and the efficient use of airspace. This 0736/Airspace Docket No. 09–AGL–21, notice. Persons interested in being at the beginning of your comments. You regulation is within the scope of that placed on a mailing list for future authority as it would add additional may also submit comments through the NPRMs should contact the FAA’s Office Internet at http://www.regulations.gov. controlled airspace at Huntingburg of Rulemaking (202) 267–9677, to Airport, Huntingburg, IN. You may review the public docket request a copy of Advisory Circular No. containing the proposal, any comments 11–2A, Notice of Proposed Rulemaking List of Subjects in 14 CFR Part 71 received, and any final disposition in Distribution System, which describes person in the Dockets Office between the application procedure. Airspace, Incorporation by reference, 9 a.m. and 5 p.m., Monday through Navigation (air). The Proposal Friday, except Federal holidays. The The Proposed Amendment Docket Office (telephone 1–800–647– This action proposes to amend Title 5527), is on the ground floor of the 14, Code of Federal Regulations (14 In consideration of the foregoing, the building at the above address. CFR), Part 71 by adding additional Class Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: E airspace extending upward from 700 proposes to amend 14 CFR part 71 as Scott Enander, Central Service Center, feet above the surface for SIAPs follows:

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66593

PART 71—DESIGNATION OF CLASS A, ADDRESSES: Send comments on the All communications received on or B, C, D, AND E AIRSPACE AREAS; AIR proposal to the Docket Management before the specified closing date for TRAFFIC SERVICE ROUTES; AND Facility, U.S. Department of comments will be considered before REPORTING POINTS Transportation, 1200 New Jersey taking action on the proposed rule. The Avenue, SE., West Building Ground proposal contained in this notice may 1. The authority citation for part 71 Floor, Room W12–140, Washington, DC be changed in light of comments continues to read as follows: 20590–0001. You must identify the received. All comments submitted will Authority: 49 U.S.C. 106(g); 40103, 40113, docket number FAA–2009–0142/ be available for examination in the 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Airspace Docket No. 09–AAL–2, at the public docket both before and after the 1963 Comp., p. 389. beginning of your comments. You may closing date for comments. A report § 71.1 [Amended] also submit comments on the Internet at summarizing each substantive public 2. The incorporation by reference in http://www.regulations.gov. You may contact with FAA personnel concerned 14 CFR 71.1 of FAA Order 7400.9T, review the public docket containing the with this rulemaking will be filed in the Airspace Designations and Reporting proposal, any comments received, and docket. Points, signed August 27, 2009, and any final disposition in person in the Availability of NPRMs Dockets Office between 9 a.m. and 5 effective September 15, 2009, is An electronic copy of this document amended as follows: p.m., Monday through Friday, except Federal holidays. The Docket Office may be downloaded through the Paragraph 6005 Class E Airspace Areas (telephone 1–800–647–5527) is on the Internet at http://www.regulations.gov. Extending Upward From 700 Feet or More plaza level of the Department of Recently published rulemaking Above the Surface of the Earth. Transportation NASSIF Building at the documents can also be accessed through * * * * * above address. the FAA’s Web page at http:// www.faa.gov/airports_airtraffic/ AGL IN E5 Huntingburg, IN [Amended] An informal docket may also be _ examined during normal business hours air traffic/publications/ Huntingburg Airport, IN airspace_amendments/. (Lat. 38°14′57″ N., long. 86°57′13″ W.) at the office of the Manager, Safety, Alaska Flight Service Operations, Additionally, any person may obtain That airspace extending upward from 700 a copy of this notice by submitting a feet above the surface within a 7-mile radius Federal Aviation Administration, 222 of Huntingburg Airport and within 2 miles West 7th Avenue, Box 14, Anchorage, request to the Federal Aviation either side of the 091° bearing from the AK 99513–7587. Administration, Office of Air Traffic airport extending from the 7-mile radius to Airspace Management, ATA–400, 800 FOR FURTHER INFORMATION CONTACT: Gary 11.1 miles east of the airport. Independence Avenue, SW., Rolf, Federal Aviation Administration, * * * * * Washington, DC 20591 or by calling 222 West 7th Avenue, Box 14, (202) 267–8783. Communications must Issued in Fort Worth, TX on October 28, Anchorage, AK 99513–7587; telephone identify both docket numbers for this 2009. number (907) 271–5898; fax: (907) 271– Anthony D. Roetzel, notice. Persons interested in being 2850; e-mail: [email protected]. placed on a mailing list for future Manager, Operations Support Group, ATO Internet address: http://www.faa.gov/ Central Service Center. _ _ NPRM’s should contact the FAA’s about/office org/headquarters offices/ Office of Rulemaking, (202) 267–9677, [FR Doc. E9–29845 Filed 12–15–09; 8:45 am] _ ato/service units/systemops/fs/alaskan/ to request a copy of Advisory Circular BILLING CODE 4910–13–P rulemaking/. No. 11–2A, Notice of Proposed SUPPLEMENTARY INFORMATION: Rulemaking Distribution System, which DEPARTMENT OF TRANSPORTATION Comments Invited describes the application procedure. Interested parties are invited to The Proposal Federal Aviation Administration participate in this proposed rulemaking This action proposes to amend Title by submitting such written data, views, 14 CFR Part 71 14 Code of Federal Regulations (14 CFR) or arguments as they may desire. part 71 by establishing Class E airspace [Docket No. FAA–2009–0142; Airspace Comments that provide the factual basis at Shaktoolik Airport, AK, to Docket No. 09–AAL–2] supporting the views and suggestions accommodate new RNAV SIAPs at presented are particularly helpful in Shaktoolik Airport. This Class E Proposed Establishment of Class E developing reasoned regulatory Airspace; Shaktoolik, AK airspace would provide adequate decisions on the proposal. Comments controlled airspace upward from 700 AGENCY: Federal Aviation are specifically invited on the overall and 1,200 feet above the surface, for the Administration (FAA), DOT. regulatory, aeronautical, economic, safety and management of IFR ACTION: Notice of proposed rulemaking environmental, and energy-related operations at Shaktoolik Airport. (NPRM). aspects of the proposal. The Class E airspace areas designated Communications should identify both as 700/1200 foot transition areas are SUMMARY: This action proposes to docket numbers and be submitted in published in paragraph 6005 in FAA establish Class E airspace at Shaktoolik, triplicate to the address listed above. Order 7400.9T, Airspace Designations AK. New Area Navigation (RNAV) Commenters wishing the FAA to and Reporting Points, signed August 27, Standard Instrument Approach acknowledge receipt of their comments 2009, and effective September 15, 2009, Procedures (SIAPs), and an Obstacle on this notice must submit with those which is incorporated by reference in 14 Departure Procedure (ODP) at comments a self-addressed, stamped CFR 71.1. The Class E airspace Shaktoolik Airport have made this postcard on which the following designations listed in this document action necessary to enhance safety and statement is made: ‘‘Comments to would be subsequently published in the management of Instrument Flight Rules Docket No. FAA–2009–0142/Airspace Order. (IFR) operations. Docket No. 09–AAL–2.’’ The postcard The FAA has determined that this DATES: Comments must be received on will be date/time stamped and returned proposed regulation only involves an or before February 1, 2010. to the commenter. established body of technical

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 66594 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

regulations for which frequent and September 15, 2009, is to be amended proposal, any comments received, and routine amendments are necessary to as follows: any final disposition in person in the keep them operationally current. It, * * * * * Dockets Office between 9:00 a.m. and therefore—(1) is not a ‘‘significant 5:00 p.m., Monday through Friday, regulatory action’’ under Executive Paragraph 6005 Class E Airspace Extending except Federal holidays. The Docket Order 12866; (2) is not a ‘‘significant Upward From 700 Feet or More Above the Surface of the Earth. Office (telephone 1–800–647–5527) is rule’’ under DOT Regulatory Policies on the plaza level of the Department of and Procedures (44 FR 11034; February * * * * * Transportation NASSIF Building at the 26, 1979); and (3) does not warrant AAL AK E5 Shaktoolik, AK [New] above address. preparation of a regulatory evaluation as Shaktoolik Airport, AK An informal docket may also be the anticipated impact is so minimal. (Lat. 64°22′16″ N., long. 161°13′26″ W.) examined during normal business hours Because this is a routine matter that will That airspace extending upward from 700 at the office of the Manager, Safety, only affect air traffic procedures and air feet above the surface within a 6.4-mile Alaska Flight Service Operations, navigation, it is certified that this rule, radius of the Shaktoolik Airport, AK; and Federal Aviation Administration, 222 when promulgated, will not have a that airspace extending upward from 1,200 West 7th Avenue, Box 14, Anchorage, significant economic impact on a feet above the surface within a 73-mile radius AK 99513–7587. substantial number of small entities of the Shaktoolik Airport, AK. under the criteria of the Regulatory * * * * * FOR FURTHER INFORMATION CONTACT: Gary Flexibility Act. Rolf, Federal Aviation Administration, Issued in Anchorage, AK, on December 3, 222 West 7th Avenue, Box 14, The FAA’s authority to issue rules 2009. regarding aviation safety is found in Anchorage, AK 99513–7587; telephone Michael A. Tarr, Title 49 of the United States Code. number (907) 271–5898; fax: (907) 271– Subtitle 1, Section 106 describes the Acting Manager, Alaska Flight Services 2850; e-mail: [email protected]. Information Area Group. authority of the FAA Administrator. Internet address: http://www.faa.gov/ Subtitle VII, Aviation Programs, [FR Doc. E9–29839 Filed 12–15–09; 8:45 am] about/office_org/headquarters_offices/ describes in more detail the scope of the BILLING CODE 4910–13–P ato/service_units/systemops/fs/alaskan/ agency’s authority. rulemaking/. This rulemaking is promulgated SUPPLEMENTARY INFORMATION: under the authority described in DEPARTMENT OF TRANSPORTATION Comments Invited Subtitle VII, Part A, Subpart 1, Section Federal Aviation Administration 40103, Sovereignty and use of airspace. Interested parties are invited to Under that section, the FAA is charged 14 CFR Part 71 participate in this proposed rulemaking with prescribing regulations to ensure by submitting such written data, views, the safe and efficient use of the [Docket No. FAA–2009–0692; Airspace or arguments as they may desire. navigable airspace. This regulation is Docket No. 09–AAL–13] Comments that provide the factual basis within the scope of that authority supporting the views and suggestions because it proposes to establish Class E Proposed Establishment of Class E presented are particularly helpful in airspace at Shaktoolik Airport, Airspace; Koyukuk, AK developing reasoned regulatory Shaktoolik, AK, and represents the AGENCY: Federal Aviation decisions on the proposal. Comments FAA’s continuing effort to safely and Administration (FAA), DOT. are specifically invited on the overall efficiently use the navigable airspace. ACTION: Notice of proposed rulemaking regulatory, aeronautical, economic, List of Subjects in 14 CFR Part 71 (NPRM). environmental, and energy-related aspects of the proposal. Airspace, Incorporation by reference, SUMMARY: This action proposes to Navigation (air). Communications should identify both establish Class E airspace at Koyukuk, docket numbers and be submitted in The Proposed Amendment AK. New Area Navigation (RNAV) triplicate to the address listed above. Standard Instrument Approach In consideration of the foregoing, the Commenters wishing the FAA to Procedures (SIAPs), and an Obstacle Federal Aviation Administration acknowledge receipt of their comments Departure Procedure (ODP) at Koyukuk proposes to amend 14 CFR part 71 as on this notice must submit with those Airport have made this action necessary follows: comments a self-addressed, stamped to enhance safety and management of postcard on which the following PART 71—DESIGNATION OF CLASS A, Instrument Flight Rules (IFR) statement is made: ‘‘Comments to CLASS B, CLASS C, CLASS D, AND operations. Docket No. FAA–2009–0692/Airspace CLASS E AIRSPACE AREAS; AIR DATES: Comments must be received on Docket No. 09–AAL–13.’’ The postcard TRAFFIC SERVICE ROUTES; AND or before February 1, 2010. will be date/time stamped and returned REPORTING POINTS ADDRESSES: Send comments on the to the commenter. 1. The authority citation for 14 CFR proposal to the Docket Management All communications received on or part 71 continues to read as follows: Facility, U.S. Department of before the specified closing date for Transportation, 1200 New Jersey comments will be considered before Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Avenue, SE., West Building Ground taking action on the proposed rule. The 1963 Comp., p. 389. Floor, Room W12–140, Washington, DC proposal contained in this notice may 20590–0001. You must identify the be changed in light of comments § 71.1 [Amended] docket number FAA–2009–0692/ received. All comments submitted will 2. The incorporation by reference in Airspace Docket No. 09–AAL–13 at the be available for examination in the 14 CFR 71.1 of Federal Aviation beginning of your comments. You may public docket both before and after the Administration Order 7400.9T, Airspace also submit comments on the Internet at closing date for comments. A report Designations and Reporting Points, http://www.regulations.gov. You may summarizing each substantive public signed August 27, 2009, and effective review the public docket containing the contact with FAA personnel concerned

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66595

with this rulemaking will be filed in the only affect air traffic procedures and air That airspace extending upward from 700 docket. navigation, it is certified that this rule, feet above the surface within a 6.4-mile when promulgated, will not have a radius of the Koyukuk Airport, AK; and that Availability of NPRMs significant economic impact on a airspace extending upward from 1,200 feet An electronic copy of this document above the surface within a 73-mile radius of substantial number of small entities the Koyukuk Airport, AK. may be downloaded through the under the criteria of the Regulatory * * * * * Internet at http://www.regulations.gov. Flexibility Act. Recently published rulemaking The FAA’s authority to issue rules Issued in Anchorage, AK, on December 3, documents can also be accessed through regarding aviation safety is found in 2009. the FAA’s web page at http:// Title 49 of the United States Code. Michael A. Tarr, _ www.faa.gov/airports airtraffic/ Subtitle 1, Section 106 describes the Acting Manager, Alaska Flight Services _ air traffic/publications/ authority of the FAA Administrator. Information Area Group. _ airspace amendments/. Subtitle VII, Aviation Programs, [FR Doc. E9–29843 Filed 12–15–09; 8:45 am] Additionally, any person may obtain describes in more detail the scope of the BILLING CODE 4910–13–P a copy of this notice by submitting a agency’s authority. request to the Federal Aviation This rulemaking is promulgated Administration, Office of Air Traffic under the authority described in DEPARTMENT OF TRANSPORTATION Airspace Management, ATA–400, 800 Subtitle VII, Part A, Subpart 1, Section Federal Aviation Administration Independence Avenue, SW., 40103, Sovereignty and use of airspace. Washington, DC 20591 or by calling Under that section, the FAA is charged 14 CFR Part 71 (202) 267–8783. Communications must with prescribing regulations to ensure identify both docket numbers for this the safe and efficient use of the [Docket No. FAA–2009–1055; Airspace notice. Persons interested in being navigable airspace. This regulation is Docket No. 09–AAL–16] placed on a mailing list for future within the scope of that authority Proposed Revision of Class E NPRM’s should contact the FAA’s because it proposes to establish Class E Airspace; Dillingham, AK Office of Rulemaking, (202) 267–9677, airspace at Koyukuk Airport, Koyukuk, to request a copy of Advisory Circular AK, and represents the FAA’s AGENCY: Federal Aviation No. 11–2A, Notice of Proposed continuing effort to safely and Administration (FAA), DOT. Rulemaking Distribution System, which efficiently use the navigable airspace. describes the application procedure. ACTION: Notice of proposed rulemaking List of Subjects in 14 CFR Part 71 (NPRM). The Proposal Airspace, Incorporation by reference, SUMMARY: This action proposes to revise This action proposes to amend Title Navigation (air). Class E airspace at Dillingham, AK. 14 Code of Federal Regulations (14 CFR) Amended Area Navigation (RNAV) part 71 by establishing Class E airspace The Proposed Amendment Standard Instrument Approach at Koyukuk Airport, AK, to In consideration of the foregoing, the Procedures (SIAPs), conventional accommodate new RNAV SIAPs at Federal Aviation Administration SIAPs, and an Obstacle Departure Koyukuk Airport. This Class E airspace proposes to amend 14 CFR part 71 as Procedure (ODP) at Dillingham Airport would provide adequate controlled follows: have made this action necessary to airspace upward from 700 and 1,200 enhance safety and management of feet above the surface, for the safety and PART 71—DESIGNATION OF CLASS A, Instrument Flight Rules (IFR) management of IFR operations at CLASS B, CLASS C, CLASS D, AND operations. Koyukuk Airport. CLASS E AIRSPACE AREAS; AIR The Class E airspace areas designated TRAFFIC SERVICE ROUTES; AND DATES: Comments must be received on as 700/1200 foot transition areas are REPORTING POINTS or before February 1, 2010. published in paragraph 6005 in FAA ADDRESSES: Send comments on the Order 7400.9T, Airspace Designations 1. The authority citation for 14 CFR proposal to the Docket Management and Reporting Points, signed August 27, part 71 continues to read as follows: Facility, U.S. Department of 2009, and effective September 15, 2009, Authority: 49 U.S.C. 106(g), 40103, 40113, Transportation, 1200 New Jersey which is incorporated by reference in 14 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Avenue, SE., West Building Ground CFR 71.1. The Class E airspace 1963 Comp., p. 389. Floor, Room W12–140, Washington, DC designations listed in this document 20590–0001. You must identify the would be subsequently published in the § 71.1 [Amended] docket number FAA–2009–1055/ Order. 2. The incorporation by reference in Airspace Docket No. 09–AAL–16, at the The FAA has determined that this 14 CFR 71.1 of Federal Aviation beginning of your comments. You may proposed regulation only involves an Administration Order 7400.9T, Airspace also submit comments on the Internet at established body of technical Designations and Reporting Points, http://www.regulations.gov. You may regulations for which frequent and signed August 27, 2009, and effective review the public docket containing the routine amendments are necessary to September 15, 2009, is to be amended proposal, any comments received, and keep them operationally current. It, as follows: any final disposition in person in the therefore—(1) Is not a ‘‘significant * * * * * Dockets Office between 9 a.m. and 5 regulatory action’’ under Executive Paragraph 6005 Class E Airspace Extending p.m., Monday through Friday, except Order 12866; (2) is not a ‘‘significant Upward From 700 Feet or More Above the Federal holidays. The Docket Office rule’’ under DOT Regulatory Policies Surface of the Earth. (telephone 1–800–647–5527) is on the and Procedures (44 FR 11034; February * * * * * plaza level of the Department of 26, 1979); and (3) does not warrant Transportation NASSIF Building at the preparation of a regulatory evaluation as AAL AK E5 Koyukuk, AK [New] above address. the anticipated impact is so minimal. Koyukuk Airport, AK An informal docket may also be Because this is a routine matter that will (Lat. 64°52′33″ N., long. 157°43′50″ W.) examined during normal business hours

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 66596 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

at the office of the Manager, Safety, Additionally, any person may obtain under the criteria of the Regulatory Alaska Flight Service Operations, a copy of this notice by submitting a Flexibility Act. Federal Aviation Administration, 222 request to the Federal Aviation The FAA’s authority to issue rules West 7th Avenue, Box 14, Anchorage, Administration, Office of Air Traffic regarding aviation safety is found in AK 99513–7587. Airspace Management, ATA–400, 800 Title 49 of the United States Code. FOR FURTHER INFORMATION CONTACT: Gary Independence Avenue, SW., Subtitle 1, Section 106 describes the Rolf, Federal Aviation Administration, Washington, DC 20591 or by calling authority of the FAA Administrator. 222 West 7th Avenue, Box 14, (202) 267–8783. Communications must Subtitle VII, Aviation Programs, Anchorage, AK 99513–7587; telephone identify both docket numbers for this describes in more detail the scope of the number (907) 271–5898; fax: (907) 271– notice. Persons interested in being agency’s authority. 2850; e-mail: [email protected]. placed on a mailing list for future This rulemaking is promulgated Internet address: http://www.faa.gov/ NPRM’s should contact the FAA’s under the authority described in about/office_org/headquarters_offices/ Office of Rulemaking, (202) 267–9677, Subtitle VII, Part A, Subpart 1, Section ato/service_units/systemops/fs/alaskan/ to request a copy of Advisory Circular 40103, Sovereignty and use of airspace. rulemaking/. No. 11–2A, Notice of Proposed Under that section, the FAA is charged SUPPLEMENTARY INFORMATION: Rulemaking Distribution System, which with prescribing regulations to ensure describes the application procedure. the safe and efficient use of the Comments Invited navigable airspace. This regulation is Interested parties are invited to The Proposal within the scope of that authority participate in this proposed rulemaking This action proposes to amend Title because it proposes to revise Class E by submitting such written data, views, 14 Code of Federal Regulations (14 CFR) airspace at Dillingham Airport, or arguments as they may desire. part 71 by revising Class E airspace at Dillingham, AK, and represents the Comments that provide the factual basis Dillingham Airport, AK, to FAA’s continuing effort to safely and supporting the views and suggestions accommodate amended RNAV SIAPs at efficiently use the navigable airspace. presented are particularly helpful in Dillingham Airport. This Class E List of Subjects in 14 CFR Part 71 developing reasoned regulatory airspace would provide adequate decisions on the proposal. Comments controlled airspace upward from the Airspace, Incorporation by reference, are specifically invited on the overall surface, and from 700 and 1,200 feet Navigation (air). regulatory, aeronautical, economic, above the surface, for the safety and The Proposed Amendment environmental, and energy-related management of IFR operations at In consideration of the foregoing, the aspects of the proposal. Dillingham Airport. Federal Aviation Administration Communications should identify both The Class E2 surface areas are docket numbers and be submitted in proposes to amend 14 CFR part 71 as published in paragraph 6002 in FAA follows: triplicate to the address listed above. Order 7400.9T, Airspace Designations Commenters wishing the FAA to and Reporting Points, signed August 27, PART 71—DESIGNATION OF CLASS A, acknowledge receipt of their comments 2009, and effective September 15, 2009, CLASS B, CLASS C, CLASS D, AND on this notice must submit with those which is incorporated by reference in 14 CLASS E AIRSPACE AREAS; comments a self-addressed, stamped CFR 71.1. The Class E airspace areas AIRWAYS; ROUTES; AND REPORTING postcard on which the following designated as 700/1200 foot transition POINTS statement is made: ‘‘Comments to areas are published in paragraph 6005 Docket No. FAA–2009–1055/Airspace in FAA Order 7400.9T, Airspace 1. The authority citation for 14 CFR Docket No. 09–AAL–16.’’ The postcard Designations and Reporting Points, part 71 continues to read as follows: will be date/time stamped and returned signed August 27, 2009, and effective Authority: 49 U.S.C. 106(g), 40103, 40113, to the commenter. September 15, 2009, which is 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– All communications received on or incorporated by reference in 14 CFR 1963 Comp., p. 389. before the specified closing date for 71.1. The Class E airspace designations comments will be considered before § 71.1 [Amended] listed in this document would be taking action on the proposed rule. The 2. The incorporation by reference in subsequently published in the Order. proposal contained in this notice may 14 CFR 71.1 of Federal Aviation be changed in light of comments The FAA has determined that this Administration Order 7400.9T, Airspace received. All comments submitted will proposed regulation only involves an Designations and Reporting Points, be available for examination in the established body of technical signed August 27, 2009, and effective public docket both before and after the regulations for which frequent and September 15, 2009, is to be amended closing date for comments. A report routine amendments are necessary to as follows: keep them operationally current. It, summarizing each substantive public * * * * * contact with FAA personnel concerned therefore —(1) Is not a ‘‘significant with this rulemaking will be filed in the regulatory action’’ under Executive Paragraph 6002 Class E Airspace docket. Order 12866; (2) is not a ‘‘significant Designated as Surface Areas. rule’’ under DOT Regulatory Policies * * * * * Availability of NPRMs and Procedures (44 FR 11034; February AAL AK E2 Dillingham, AK [Revised] An electronic copy of this document 26, 1979); and (3) does not warrant may be downloaded through the preparation of a regulatory evaluation as Dillingham Airport, AK (Lat. 59°02′41″ N., long. 158°30′20″ W.) Internet at http://www.regulations.gov. the anticipated impact is so minimal. Dillingham VOR/DME Recently published rulemaking Because this is a routine matter that will (Lat. 58°59′39″ N., long. 158°33′08″ W.) documents can also be accessed through only affect air traffic procedures and air Within a 4.4-mile radius of the Dillingham the FAA’s Web page at http:// navigation, it is certified that this rule, _ Airport, AK, and within 3.1 miles each side www.faa.gov/airports airtraffic/ when promulgated, will not have a of the 206° radial of the Dillingham VOR/ air_traffic/publications/ significant economic impact on a DME, extending from the 4.4-mile radius to airspace_amendments/. substantial number of small entities 10.4 miles southwest of the Dillingham

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66597

Airport, AK. This Class E airspace area is docket number FAA–2009–1038/ be available for examination in the effective during the specific dates and times Airspace Docket No. 09–AAL–19, at the public docket both before and after the established in advance by a Notice to beginning of your comments. You may closing date for comments. A report Airmen. The effective date and time will also submit comments on the Internet at summarizing each substantive public thereafter be continuously published in the Airport/Facility Directory. http://www.regulations.gov. You may contact with FAA personnel concerned review the public docket containing the with this rulemaking will be filed in the * * * * * proposal, any comments received, and docket. Paragraph 6005 Class E Airspace Extending any final disposition in person in the Availability of NPRMs Upward From 700 Feet or More Above the Dockets Office between 9:00 a.m. and Surface of the Earth. 5:00 p.m., Monday through Friday, An electronic copy of this document * * * * * except Federal holidays. The Docket may be downloaded through the Internet at http://www.regulations.gov. AAL AK E5 Dillingham, AK [Revised] Office (telephone 1–800–647–5527) is on the plaza level of the Department of Recently published rulemaking Dillingham Airport, AK documents can also be accessed through (Lat. 59°02′41″ N., long. 158°30′20″ W.) Transportation NASSIF Building at the above address. the FAA’s Web page at http:// Dillingham VOR/DME _ ° ′ ″ ° ′ ″ An informal docket may also be www.faa.gov/airports airtraffic/ (Lat. 58 59 39 N., long. 158 33 08 W.) _ examined during normal business hours air traffic/publications/ That airspace extending upward from 700 _ at the office of the Manager, Safety, airspace amendments/. feet above the surface within a 7-mile radius Additionally, any person may obtain of the Dillingham Airport, AK, and within Alaska Flight Service Operations, 3.1 miles either side of the 206° radial of the Federal Aviation Administration, 222 a copy of this notice by submitting a Dillingham VOR/DME, extending from the 7- West 7th Avenue, Box 14, Anchorage, request to the Federal Aviation mile radius to 14.1 miles southwest of the AK 99513–7587. Administration, Office of Air Traffic Dillingham Airport, AK; and that airspace Airspace Management, ATA–400, 800 extending upward from 1,200 feet above the FOR FURTHER INFORMATION CONTACT: Gary Independence Avenue, SW., surface within a 22-mile radius of the Rolf, Federal Aviation Administration, Washington, DC 20591 or by calling Dillingham Airport, AK. 222 West 7th Avenue, Box 14, (202) 267–8783. Communications must * * * * * Anchorage, AK 99513–7587; telephone identify both docket numbers for this number (907) 271–5898; fax: (907) 271– notice. Persons interested in being Issued in Anchorage, AK, on December 3, 2850; e-mail: [email protected]. 2009. placed on a mailing list for future Internet address: http://www.faa.gov/ NPRM’s should contact the FAA’s Michael A. Tarr, about/office_org/headquarters_offices/ Acting Manager, Alaska Flight Services _ Office of Rulemaking, (202) 267–9677, ato/service units/systemops/fs/alaskan/ to request a copy of Advisory Circular Information Area Group. rulemaking/. [FR Doc. E9–29842 Filed 12–15–09; 8:45 am] No. 11–2A, Notice of Proposed SUPPLEMENTARY INFORMATION: BILLING CODE 4910–13–P Rulemaking Distribution System, which Comments Invited describes the application procedure. Interested parties are invited to The Proposal DEPARTMENT OF TRANSPORTATION participate in this proposed rulemaking This action proposes to amend Title Federal Aviation Administration by submitting such written data, views, 14 Code of Federal Regulations (14 CFR) or arguments as they may desire. part 71 by revising Class E airspace at 14 CFR Part 71 Comments that provide the factual basis Scammon Bay Airport, AK, to supporting the views and suggestions accommodate new RNAV SIAPs at [Docket No. FAA–2009–1038; Airspace presented are particularly helpful in Scammon Bay Airport. This Class E Docket No. 09–AAL–19] developing reasoned regulatory airspace would provide adequate Proposed Revision of Class E decisions on the proposal. Comments controlled airspace upward from 700 Airspace; Scammon Bay, AK are specifically invited on the overall and 1,200 feet above the surface, for the regulatory, aeronautical, economic, safety and management of IFR AGENCY: Federal Aviation environmental, and energy-related operations at Scammon Bay Airport. Administration (FAA), DOT. aspects of the proposal. The Class E airspace areas designated ACTION: Notice of proposed rulemaking Communications should identify both as 700/1200 foot transition areas are (NPRM). docket numbers and be submitted in published in paragraph 6005 in FAA triplicate to the address listed above. Order 7400.9T, Airspace Designations SUMMARY: This action proposes to revise Commenters wishing the FAA to and Reporting Points, signed August 27, Class E airspace at Scammon Bay, AK. acknowledge receipt of their comments 2009, and effective September 15, 2009, New Area Navigation (RNAV) Standard on this notice must submit with those which is incorporated by reference in 14 Instrument Approach Procedures comments a self-addressed, stamped CFR 71.1. The Class E airspace (SIAPs) at Scammon Bay Airport have postcard on which the following designations listed in this document made this action necessary to enhance statement is made: ‘‘Comments to would be subsequently published in the safety and management of Instrument Docket No. FAA–2009–1038/Airspace Order. Flight Rules (IFR) operations. Docket No. 09–AAL–19.’’ The postcard The FAA has determined that this DATES: Comments must be received on will be date/time stamped and returned proposed regulation only involves an or before February 1, 2010. to the commenter. established body of technical ADDRESSES: Send comments on the All communications received on or regulations for which frequent and proposal to the Docket Management before the specified closing date for routine amendments are necessary to Facility, U.S. Department of comments will be considered before keep them operationally current. It, Transportation, 1200 New Jersey taking action on the proposed rule. The therefore—(1) Is not a ‘‘significant Avenue, SE., West Building Ground proposal contained in this notice may regulatory action’’ under Executive Floor, Room W12–140, Washington, DC be changed in light of comments Order 12866; (2) is not a ‘‘significant 20590–0001. You must identify the received. All comments submitted will rule’’ under DOT Regulatory Policies

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 66598 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

and Procedures (44 FR 11034; February Paragraph 6005 Class E Airspace Extending • Mail: David A. Stawick, Secretary of 26, 1979); and (3) does not warrant Upward From 700 Feet or More Above the the Commission, Commodity Futures preparation of a regulatory evaluation as Surface of the Earth. Trading Commission, Three Lafayette the anticipated impact is so minimal. * * * * * Centre, 1155 21st Street, NW., Because this is a routine matter that will AAL AK E5 Scammon Bay, AK [Revised] Washington, DC 20581. only affect air traffic procedures and air • Hand Delivery/Courier: Same as Scammon Bay Airport, AK mail above. navigation, it is certified that this rule, (Lat. 61°50′40″ N., long. 165°34′25″ W.) when promulgated, will not have a FOR FURTHER INFORMATION CONTACT: That airspace extending upward from 700 significant economic impact on a feet above the surface within a 6.3-mile Robert B. Wasserman, Associate substantial number of small entities radius of the Scammon Bay Airport, AK; and Director, Division of Clearing and under the criteria of the Regulatory that airspace extending upward from 1,200 Intermediary Oversight, 202–418–5092, Flexibility Act. feet above the surface within a 73-mile radius [email protected]; or Nancy Schnabel, Special Counsel, Division of The FAA’s authority to issue rules of the Scammon Bay Airport, AK. Clearing and Intermediary Oversight, regarding aviation safety is found in * * * * * 202–418–5344, [email protected]; Title 49 of the United States Code. Issued in Anchorage, AK, on December 3, Commodity Futures Trading 2009. Subtitle 1, Section 106 describes the Commission, Three Lafayette Centre, authority of the FAA Administrator. Michael A. Tarr, 1155 21st Street, NW., Washington, DC Subtitle VII, Aviation Programs, Acting Manager, Alaska Flight Services 20581. describes in more detail the scope of the Information Area Group. SUPPLEMENTARY INFORMATION agency’s authority. [FR Doc. E9–29846 Filed 12–15–09; 8:45 am] This rulemaking is promulgated BILLING CODE 4910–13–P I. Authority of the Commission To under the authority described in Promulgate and Amend Regulation Subtitle VII, Part A, Subpart 1, Section 190.04(d) 40103, Sovereignty and use of airspace. COMMODITY FUTURES TRADING The Commission is empowered by Under that section, the FAA is charged COMMISSION Section 20 of the Commodity Exchange with prescribing regulations to ensure Act (the ‘‘Act’’) to provide the safe and efficient use of the 17 CFR Part 190 ‘‘[n]otwithstanding title 11 of the United navigable airspace. This regulation is RIN 3038–AC90 States Code * * * with respect to a within the scope of that authority commodity broker that is a debtor under because it proposes to revise Class E Operation, in the Ordinary Course, of chapter 7 of title 11 of the United States airspace at Scammon Bay Airport, a Commodity Broker in Bankruptcy Code, by rule or regulation * * * (3) the Scammon Bay, AK, and represents the method by which the business of such AGENCY: Commodity Futures Trading commodity broker is to be conducted or FAA’s continuing effort to safely and Commission. efficiently use the navigable airspace. liquidated after the date of the filing of ACTION: Notice of proposed rulemaking. the petition under such chapter, List of Subjects in 14 CFR Part 71 including the payment and allocation of SUMMARY: The Commodity Futures margin with respect to commodity Trading Commission (the Airspace, Incorporation by reference, contracts not specifically identifiable to ‘‘Commission’’) proposes amending its Navigation (air). a particular customer pending their regulations (17 CFR Chapter 1, The Proposed Amendment orderly liquidation.’’ 1 hereinafter, the ‘‘Regulations’’) The Commission exercised such In consideration of the foregoing, the regarding the operation of a commodity power to promulgate Regulation Federal Aviation Administration broker in bankruptcy, in order to permit 190.04(d), which specifies the proposes to amend 14 CFR part 71 as the trustee in such bankruptcy to procedures that a trustee must follow in follows: operate, with the written permission of liquidating open commodity contracts the Commission, the business of such carried by a commodity broker in PART 71—DESIGNATION OF CLASS A, commodity broker in the ordinary bankruptcy. Similarly, the Commission CLASS B, CLASS C, CLASS D, AND course, including the purchase or sale of will exercise such power when CLASS E AIRSPACE AREAS; AIR new commodity contracts on behalf of amending Regulation 190.04(d). TRAFFIC SERVICE ROUTES; AND the customers of such commodity Currently, Regulation 190.04(d)(2) REPORTING POINTS broker under appropriate circumstances, denies a trustee the authority to as determined by the Commission. purchase or sell new commodity 1. The authority citation for 14 CFR DATES: Submit comments on or before contracts on behalf of customers of a part 71 continues to read as follows: January 15, 2010. commodity broker in bankruptcy, Authority: 49 U.S.C. 106(g), 40103, 40113, ADDRESSES: You may submit comments, except to: (1) Offset an open commodity 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– identified by RIN number, by any of the contract; (2) transfer any transferable 1963 Comp., p. 389. following methods: notice (received by either the trustee or • Federal eRulemaking Portal: http:// the commodity broker) applicable to an § 71.1 [Amended] www.regulations.gov. Follow the open commodity contract; and (3) cover, instructions for submitting comments. in its discretion and with the approval 2. The incorporation by reference in • Agency Web Site: http:// of the Commission, inventory or 14 CFR 71.1 of Federal Aviation www.cftc.gov. Follow the instructions commodity contracts of the commodity Administration Order 7400.9T, Airspace for submitting comments on the Web broker that cannot be immediately Designations and Reporting Points, site. liquidated due to market conditions signed August 27, 2009, and effective • E-mail: [email protected]. Include (including price limits).2 September 15, 2009, is to be amended the RIN number in the subject line of as follows: the message. 1 7 U.S.C. 24. * * * * * • Fax: 202–418–5521. 2 17 CFR 190.04(d)(2).

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66599

II. Proposed Amendment To Allow the which the estate of the commodity Commission has delegated all the Trustee To Operate, in the Ordinary broker is at risk for fluctuations in functions of the Commission in Course, a Commodity Broker in value. Permitting such transfer would Regulation Part 190, except one, to the Bankruptcy tend to maximize recovery of customers Director of the Division of Clearing and of the commodity broker, by allowing Intermediary Oversight, and therefore, A. Background the trustee to minimize or avoid claims under this proposed amendment, the In the proposing release to the for losses resulting from the inability of Director would also have the power to original Regulation Part 190 (the the estate of the commodity broker to make such determination and to issue ‘‘Proposing Release’’), the Commission fulfill obligations to take or effect such written permission.6 specified the purposes that it intended delivery on open commodity contracts. Regulation Part 190 to achieve, which In addition to the exceptions C. Rationale for the Proposed included: enumerated above, the Commission Amendment [T]o limit the period during which the acknowledged that, if the trustee cannot Recently, events have demonstrated bankruptcy estate is at risk from fluctuations immediately liquidate the inventory or that a commodity broker may enter into in value of the commodity contracts and open commodity contracts of a bankruptcy while not insolvent.7 For other property contained therein; * * * to commodity broker in bankruptcy, example, on Friday, November 25, 2005, maximize recovery in kind; and * * * to because of market conditions (including after the closing of the relevant markets, provide an understandable and workable price limits), then the trustee should be method for operating the estate pending Refco, LLC (‘‘Refco’’) filed for relief liquidation.3 allowed to purchase or sell new under Subchapter IV of Chapter 7 of the commodity contracts, in order to cover Bankruptcy Code, primarily to satisfy a In the typical case, a commodity or partially cover such inventory or precondition for the sale of its FCM broker in bankruptcy would be commodity contracts. The Commission business to a third party. Previously, the insolvent. If a commodity broker is intended to permit such cover or partial United States Bankruptcy Court for the insolvent, then it would not have the cover in order to prevent, among other Southern District of New York (‘‘District capital necessary for operating its things, the ‘‘material erosion in value’’ business, including for supporting the Court’’) had approved the sale of that of such inventory or commodity FCM business. According to the credit of its customers, or for otherwise contracts, which would diminish the performing on its obligations.4 Thus, agreement governing the sale, the third recovery of the customers of the party would give the parent entities of preventing a trustee from purchasing or commodity broker.5 selling new commodity contracts, Refco (i) a specified sum and (ii) the whether for the commodity broker or B. The Proposed Amendment opportunity to retain the net regulatory capital of Refco.8 the customers thereof, would generally The Commission is proposing to (i) minimize the risk of loss to amend Regulation 190.04(d) to allow the Shortly after Refco filed for relief customers of the commodity broker, and trustee, under appropriate under Subchapter IV of Chapter 7 of the (ii) therefore, maximize the scope of circumstances, to operate the business Bankruptcy Code, the sale of its FCM recovery for such customers. of a commodity broker in bankruptcy in business to a third party was However, certain purchases or sales of the ordinary course, including the consummated. Prior to the re-opening of new commodity contracts may actually purchase or sale of new commodity the relevant markets on Sunday, reduce the risk of loss to customers of contracts on behalf of the customers of November 27, 2005, all of the customer a commodity broker in bankruptcy. the debtor (the ‘‘Amendment’’). The accounts of Refco, comprising one Therefore, when the Commission appropriateness of a particular set of hundred percent of the net equity of promulgated Regulation Part 190 in circumstances would be determined by each customer, were transferred to the 1983, the Commission created certain the Commission in its discretion, and third party. exceptions to Regulation 190.04(d)(2), as such operation would require the During the Refco proceedings, it was described above. By creating such written permission of the Commission. practicable to transfer customer exceptions, the Commission Pursuant to Regulation 190.10(d), the accounts when all relevant markets acknowledged that the trustee must be were closed. However, it may not allowed to purchase or sell new 5 In the Proposing Release, the Commission always be so practicable. For example, commodity contracts, whether for the included the following version of Regulation on Friday, September 19, 2008, prior to commodity broker or the customers 190.04(d)(2) (referenced in the Proposing Release as the closing of the relevant markets, Regulation 190.04(d)(3)): Nothing in this Part shall thereof, in order to: (1) Liquidate open be interpreted to permit the trustee to purchase new Lehman Brothers Inc. (‘‘Lehman’’) commodity contracts; or (2) transfer an commodity contracts for customers of the debtor: became the subject of a proceeding incipient delivery obligation of an open Provided, however, That to prevent material under the Securities Investor Protection commodity contract. Facilitating such erosion in value, the trustee may, in its discretion and with the approval of the Commission, cover liquidation would limit the period in uncovered inventory or commodity contracts of the 6 Regulation 190.10(d) would apply to the debtor which cannot be liquidated immediately proposed Amendment. Regulation 190.10(d) states: 3 46 FR 57535, 57536 (November 24, 1981). because of limit moves or other market conditions. Until such time as the Commission orders 4 In general, commodity brokers are required to 46 FR 57353, 57561 (November 24, 1981). otherwise, the Commission hereby delegates to the guarantee all customer positions that they carry, as However, in the adopting release to Regulation Part Director of the Division of Clearing and well as to use their own capital to cover the debit 190 (the ‘‘Adopting Release’’), the Commission Intermediary Oversight, and to such members of the balance of any customer in an omnibus segregated removed the reference to ‘‘material erosion in Commission’s staff acting under his direction as he account that they maintain, in order to prevent the value’’ in proposed Regulation 190.04(d)(2), in may designate, all the functions of the Commission commodity broker from using the property response to a comment that such reference would set forth in this part except the authority to approve belonging to other customers to margin, guarantee, ‘‘have limited the cases in which cover transactions or disapprove a withdrawal or settlement of a or secure the positions of the customer incurring could be sought by the trustee.’’ Nevertheless, the commodity account by a public customer pursuant such debit. See Section 4d of the Act (7 U.S.C. 6d). Commission reiterated in the Adopting Release that to § 190.06(g)(3). See also CFTC Letter No. 00–106 (November 22, the primary purpose of Regulation 190.04(d)(2) was 7 The Bankruptcy Code permits a solvent entity 2000) (stating that a commodity broker that is a to prevent a ‘‘material erosion in value’’ of to legally file for relief under Chapter 7 of the futures commission merchant (‘‘FCM’’) must cover uncovered inventory or commodity contracts, by Bankruptcy Code. See Collier on Bankruptcy any deficit in the customer segregated account with stating that ‘‘the Commission * * * believes cover ¶ 109.03[2]. its own funds or property, and not the funds or transactions would be limited to this purpose.’’ 48 8 See In re: Refco, LLC, No. 05–60134–rdd, Docket property of other customers). FR 8716, 8729 (March 1, 1983). No. 5 (Bankr. S.D.N.Y. Nov. 25, 2005).

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 66600 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

Act of 1970 (‘‘SIPA’’),9 primarily to Whether a commodity broker in proposed Amendment will affect only satisfy a precondition for the sale of its bankruptcy has sufficient capital to FCMs (including certain foreign futures securities broker-dealer business and its continue operating its business in the commission merchants).14 The FCM business to a third party. On ordinary course is inherently a factual Commission has previously established Saturday, September 20, 2008, the question. Therefore, the Commission certain definitions of ‘‘small entities’’ to District Court approved the sale of such reserves the power to limit the be used by the Commission in securities broker-dealer business and application of the proposed evaluating the impact of its regulations FCM business, in exchange for the third Amendment, in its discretion, by: (1) on such entities in accordance with the party giving the parent of Lehman a Requiring the trustee to obtain the RFA.15 The Commission has previously specified sum.10 Shortly after such written permission of the Commission; determined that FCMs are not small approval, the sale was consummated. and (2) determining the circumstances entities for the purpose of the RFA.16 Soon after the consummation, the under which the trustee may purchase Accordingly, pursuant to 5 U.S.C. customer accounts of Lehman began to or sell new commodity contracts on 605(b), the Chairman certifies, on behalf be transferred to the third party. behalf of customers of the commodity of the Commission, that the proposed However, because the Lehman broker in bankruptcy. Amendment will not have a significant proceedings under SIPA had In deciding whether to apply the economic impact on a substantial commenced in District Court prior to proposed Amendment to a particular number of small entities. the closing of the relevant markets, commodity broker in bankruptcy, the B. Paperwork Reduction Act customers of Lehman would have been Commission may consider the following unable to manage their accounts, absent factors: (1) Whether the commodity The Paperwork Reduction Act a provision in the Order issued by the broker has entered into an agreement (‘‘PRA’’) 17 imposes certain District Court permitting the trustee to providing for the imminent transfer of requirements on Federal agencies in conduct business in the ordinary its customer accounts to an entity that connection with their conducting or course.11 is ready, willing and able to accept such sponsoring any collection of The Commission is proposing the transfer promptly; (2) whether the information as defined by the PRA. The Amendment to enable customers to commodity broker has sufficient capital, proposed Amendment does not require manage their accounts, after their at the time it becomes subject to the new collection of information on the commodity broker enters into bankruptcy proceedings, to continue part of any entities that would be bankruptcy and prior to the transfer of operating its business in the ordinary subject to the proposed Amendment. their accounts, in certain circumstances. course pending the transfer; and (3) Accordingly, for purposes of the PRA, As the Refco and Lehman proceedings whether a commodity broker will have the Commission certifies that the illustrate, there may be cases where a sufficient capital, after the sale of its proposed Amendment, if promulgated transfer of customer accounts has been assets (including its FCM business), to in final form, would not impose any arranged pre-bankruptcy, and where a continue operating its business in the new reporting or recordkeeping commodity broker in bankruptcy may ordinary course until all of its customer requirements. nevertheless possess the capital accounts have been transferred. The C. Cost-Benefit Analysis necessary to continue operating its Commission anticipates that future 18 business in the ordinary course (e.g., to bankruptcies of commodity brokers may Section 15(a) of the Act requires continue supporting the credit of its present new factors for its that the Commission, before customers and performing on its other consideration, and the proposed promulgating a regulation under the Act obligations), pending imminent transfer Amendment is therefore intended to or issuing an order, consider the costs of customer accounts to another provide the Commission with flexibility and benefits of its action. By its terms, commodity broker. Therefore, to consider such new factors in its Section 15(a) of the Act does not require permitting the trustee to operate such discretion. the Commission to quantify the costs and benefits of a new regulation or to business in the ordinary course may III. Related Matters advance the purpose of Regulation Part determine whether the benefits of the 190—namely, ‘‘to provide an A. Regulatory Flexibility Act regulation outweigh its costs. Rather, understandable and workable method The Regulatory Flexibility Act 14 The proposed Amendment may apply, in the for operating the estate pending (‘‘RFA’’) 13 requires Federal agencies, in future, to other commodity brokers that execute 12 liquidation.’’ Thus, the proposed promulgating regulations, to consider trades and carry accounts for clearing on behalf of Amendment is consistent with the past the impact of those regulations on small customers—namely, commodity options dealers practice of the Commission in creating and leverage transaction merchants. Currently, no businesses. As mentioned above, the such commodity brokers exist. Therefore, even if exemptions to Regulation 190.04(d)(2) proposed Amendment provides a such commodity brokers would constitute ‘‘small when necessary to advance the purposes limited exception to Regulation entities’’ for purposes of the RFA, the proposed of Regulation Part 190. Additionally, 190.04(d)(2), by permitting a trustee to Amendment can have no current impact on such allowing customers to manage their commodity brokers. However, it is unlikely that operate, with the written permission of such commodity brokers would constitute ‘‘small accounts, as much as possible, as if the the Commission, the business of a entities’’ for purposes of the RFA. In defining commodity broker had not entered into commodity broker in bankruptcy in the ‘‘small entities’’ for the purpose of the RFA, the bankruptcy would be in the best ordinary course, including the purchase Commission excluded FCMs based on the fiduciary interests of both the customers and the nature of FCM-customer relationships, as well as or sale of new commodity contracts on the minimum financial requirements that apply to relevant markets in general. behalf of the customers of such FCMs. See 47 FR 18618, 18619 (Apr. 30, 1982). commodity broker. The proposed Certain parts of this rationale would also be 9 15 U.S.C. 78aaa–111. Amendment does not impose a applicable to commodity options dealers, foreign 10 See In re: Lehman Brothers Holdings Inc., et al., regulatory burden on either a futures commission merchants, and leverage No. 08–13555, Docket No. 258 (Bankr. S.D.N.Y. transaction merchants. Sept. 20, 2008). commodity broker pre-bankruptcy or a 15 47 FR 18618 (Apr. 30, 1982). 11 See S.I.P.C. v. Lehman Brothers, Inc., No. 08– trustee post-bankruptcy. Moreover, the 16 Id. at 18619. 8119, Docket No. 3 (S.D.N.Y. September 19, 2008). 17 44 U.S.C. 3501 et seq. 12 46 FR 57535, 57536 (November 24, 1981). 13 5 U.S.C. 601 et seq. 18 7 U.S.C. 19.

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66601

Section 15(a) of the Act simply requires Accordingly, after considering the five ADDRESSES: Comments and objections the Commission to ‘‘consider the costs factors enumerated in the Act, the may be sent electronically to and benefits’’ of its action. Commission has determined to propose [email protected]. In the alternative, send an Section 15(a) of the Act further the regulations set forth below. original, five copies and an electronic specifies that costs and benefits shall be copy on a CD either by mail or hand List of Subjects in 17 CFR Part 190 evaluated in light of the following delivery. Please do not use multiple considerations: (1) Protection of market Bankruptcy, Brokers, Commodity means of transmission. Comments and participants and the public; (2) futures. objections may not be delivered by an efficiency, competitiveness, and For the reasons stated in the overnight delivery service other than financial integrity of futures markets; (3) preamble, the Commission proposes to U.S. Postal Service Express Mail. If by price discovery; (4) sound risk amend 17 CFR part 190 as follows: mail (including overnight delivery), management practices; and (5) other comments and objections must be public interest considerations. PART 190—BANKRUPTCY addressed to: Copyright Royalty Board, Accordingly, the Commission could, in 1. The authority citation for Part 190 P.O. Box 70977, Washington, DC 20024– its discretion, give greater weight to any continues to read as follows: 0977. If hand delivered by a private one of the five considerations and party, comments and objections must be could, in its discretion, determine that, Authority: 7 U.S.C. 1a, 2, 4a, 6c, 6d, 6g, 7a, 12, 19, and 24, and 11 U.S.C. 362, 546, 548, brought to the Copyright Office Public notwithstanding its costs, a particular 556, and 761–766, unless otherwise noted. Information Office, Library of Congress, regulation was necessary or appropriate James Madison Memorial Building, to protect the public interest or to 2. Add new paragraph (d)(3) to Room LM–401, 101 Independence effectuate any of the provisions or to § 190.04 to read as follows: Avenue, SE., Washington, DC 20559– accomplish any of the purposes of the § 190.04 Operation of the debtor’s estate— 0600, between 8:30 a.m. and 5 p.m. If Act. general. delivered by a commercial courier, The Commission has evaluated the * * * * * comments and objections must be costs and benefits of the proposed (d) * * * delivered between 8:30 a.m. and 4 p.m. Amendment, in light of the specific (3) Exception to liquidation only. to the Congressional Courier Acceptance considerations identified in Section Notwithstanding paragraph (d)(2) of this Site located at 2nd and D Street, NE., 15(a) of the Act, as follows: section, the trustee may, with the Washington, DC, and the envelope must 1. Protection of Market Participants and written permission of the Commission, be addressed as follows: Copyright the Public operate the business of the debtor in the Royalty Board, Library of Congress, ordinary course, including the purchase James Madison Memorial Building, In the event of the bankruptcy of a or sale of new commodity contracts on Room LM–403, 101 Independence commodity broker, the proposed behalf of the customers of the debtor Avenue, SE., Washington, DC 20559– Amendment would benefit the under appropriate circumstances, as 0600. customers of such commodity broker, by determined by the Commission. FOR FURTHER INFORMATION CONTACT: providing them with the opportunity, * * * * * Richard Strasser, Senior Attorney, or under certain circumstances, to manage Gina Giuffreda, Attorney Advisor, by their accounts prior to the transfer of Issued in Washington, DC, on December 9, telephone at (202) 707–7658 or by such accounts to a new commodity 2009 by the Commission. e-mail at [email protected]. broker. David A. Stawick, Secretary of the Commission. SUPPLEMENTARY INFORMATION: 2. Efficiency and Competition [FR Doc. E9–29730 Filed 12–15–09; 8:45 am] Background The proposed Amendment is not BILLING CODE P expected to have an effect on efficiency On January 24, 2008, the Copyright or competition. Royalty Judges published in the Federal Register their determination of royalty 3. Financial Integrity of Futures Markets LIBRARY OF CONGRESS rates and terms under the statutory and Price Discovery Copyright Royalty Board licenses under Sections 112(e) and 114 As mentioned above, the proposed of the Copyright Act for the period 2007 Amendment will promote financial 37 CFR Part 382 through 2012 for satellite digital audio integrity of the futures markets by radio services (‘‘SDARS’’). 73 FR 4080. [Docket No. 2006–1 CRB DSTRA] providing customers of a commodity In SoundExchange, Inc. v. Librarian of Congress, 571 F.3d 1220, 1226 (DC Cir. broker in bankruptcy with the Determination of Rates and Terms for opportunity, under certain 2009), the U.S. Court of Appeals for the Preexisting Subscription Services and DC Circuit affirmed the Judges’ circumstances, to manage their accounts Satellite Digital Audio Radio Services prior to the transfer of such accounts to determination in all but one respect, a new commodity broker. AGENCY: Copyright Royalty Board, remanding to the Copyright Royalty Library of Congress. Judges the single matter of specifying a 4. Sound Risk Management Practices ACTION: Notice of proposed rulemaking. royalty for the use of the ephemeral The proposed Amendment is not recordings statutory license under expected to have a direct effect on the SUMMARY: The Copyright Royalty Judges Section 112(e) of the Copyright Act. By risk management practices of are publishing for comment proposed order dated October 22, 2009, the commodity brokers. regulations governing the rates for the Copyright Royalty Judges established a satellite digital audio radio services’ use period commencing on November 2, 5. Other Public Considerations of the ephemeral recordings statutory 2009, and concluding on December 2, Recent events, such as the Refco and license under the Copyright Act for the 2009, for Sound Exchange, Inc. and Lehman proceedings, have period 2007 through 2012. Sirius XM Radio Inc. (collectively, the demonstrated that the proposed DATES: Comments and objections, if any, ‘‘Parties’’) to negotiate and submit a Amendment is necessary and prudent. are due no later than January 15, 2010. settlement of the ephemeral royalty rate

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 66602 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

issue that was the subject of the remand. which it pays royalties as and when FOR FURTHER INFORMATION CONTACT: With the Parties having reached such a provided in this subpart shall be Kevin C. Long, Acting Chief, settlement, the Copyright Royalty Judges included within, and constitute 5% of, Engineering Management Branch, now publish for comment the proposed such royalty payments. Mitigation Directorate, Federal change in the rule that is necessary to Dated: December 11, 2009. Emergency Management Agency, 500 C implement that settlement pursuant to James Scott Sledge, Street, SW., Washington, DC 20472, order of remand from the U.S. Court of (202) 646–2820, or (e-mail) Chief U.S. Copyright Royalty Judge. Appeals for the DC Circuit. [email protected]. In the Settlement, the Parties have [FR Doc. E9–29904 Filed 12–15–09; 8:45 am] SUPPLEMENTARY INFORMATION: The agreed to proposed changes in the BILLING CODE 1410–72–P Federal Emergency Management Agency regulations at 37 CFR 382.12 that do not (FEMA) proposes to make disturb the combined Section determinations of BFEs and modified 112(e)/114 royalty previously set by the DEPARTMENT OF HOMELAND BFEs for each community listed below, Copyright Royalty Judges, but do specify SECURITY in accordance with section 110 of the that five percent of the combined Flood Disaster Protection Act of 1973, royalty will be considered the Section Federal Emergency Management 42 U.S.C. 4104, and 44 CFR 67.4(a). 112(e) royalty, while the balance of the Agency royalty is attributable to the Section 114 These proposed BFEs and modified license. 44 CFR Part 67 BFEs, together with the floodplain [Docket ID FEMA–2008–0020; Internal management criteria required by 44 CFR List of Subjects in 37 CFR Part 382 Agency Docket No. FEMA–B–1083] 60.3, are the minimum that are required. Copyright, Digital audio They should not be construed to mean transmissions, Performance right, Sound Proposed Flood Elevation that the community must change any recordings. Determinations existing ordinances that are more stringent in their floodplain Proposed Regulations AGENCY: Federal Emergency management requirements. The Management Agency, DHS. For the reasons set forth in the community may at any time enact preamble, the Copyright Royalty Judges ACTION: Proposed rule. stricter requirements of its own, or pursuant to policies established by other propose to amend part 382 of title 37 of SUMMARY: Comments are requested on the Code of Federal Regulations as the proposed Base (1% annual-chance) Federal, State, or regional entities. follows: Flood Elevations (BFEs) and proposed These proposed elevations are used to BFE modifications for the communities meet the floodplain management PART 382—RATES AND TERMS FOR requirements of the NFIP and are also DIGITAL TRANSMISSIONS OF SOUND listed in the table below. The purpose of this notice is to seek general used to calculate the appropriate flood RECORDINGS AND THE insurance premium rates for new REPRODUCTION OF EPHEMERAL information and comment regarding the proposed regulatory flood elevations for buildings built after these elevations are RECORDINGS BY PREEXISTING made final, and for the contents in these SUBSCRIPTION SERVICES AND the reach described by the downstream and upstream locations in the table buildings. PREEXISTING SATELLITE DIGITAL Comments on any aspect of the Flood AUDIO RADIO SERVICES below. The BFEs and modified BFEs are a part of the floodplain management Insurance Study and FIRM, other than 1. The authority citation for part 382 measures that the community is the proposed BFEs, will be considered. continues to read as follows: required either to adopt or show A letter acknowledging receipt of any evidence of having in effect in order to comments will not be sent. Authority: 17 U.S.C. 112(e), 114, and National Environmental Policy Act. 801(b)(1). qualify or remain qualified for participation in the National Flood This proposed rule is categorically 2. Section 382.12 is revised to read as Insurance Program (NFIP). In addition, excluded from the requirements of 44 follows: these elevations, once finalized, will be CFR part 10, Environmental § 382.12 Royalty fees for the public used by insurance agents, and others to Consideration. An environmental performance of sound recordings and the calculate appropriate flood insurance impact assessment has not been making of ephemeral recordings. premium rates for new buildings and prepared. (a) In general. The monthly royalty fee the contents in those buildings. Regulatory Flexibility Act. As flood to be paid by a Licensee for the public DATES: Comments are to be submitted elevation determinations are not within performance of sound recordings on or before March 16, 2010. the scope of the Regulatory Flexibility pursuant to 17 U.S.C. 114(d)(2) and the ADDRESSES: The corresponding Act, 5 U.S.C. 601–612, a regulatory making of any number of ephemeral preliminary Flood Insurance Rate Map flexibility analysis is not required. phonorecords to facilitate such (FIRM) for the proposed BFEs for each Executive Order 12866, Regulatory performances pursuant to 17 U.S.C. community is available for inspection at Planning and Review. This proposed 112(e) shall be the percentage of the community’s map repository. The rule is not a significant regulatory action monthly Gross Revenues resulting from respective addresses are listed in the under the criteria of section 3(f) of Residential services in the United States table below. Executive Order 12866, as amended. as follows: for 2007 and 2008, 6.0%; for You may submit comments, identified Executive Order 13132, Federalism. 2009, 6.5%; for 2010, 7.0%; for 2011, by Docket No. FEMA–B–1083, to Kevin This proposed rule involves no policies 7.5%; and for 2012, 8.0%. C. Long, Acting Chief, Engineering that have federalism implications under (b) Ephemeral recordings. The royalty Management Branch, Mitigation Executive Order 13132. payable under 17 U.S.C. 112(e) for the Directorate, Federal Emergency Executive Order 12988, Civil Justice making of phonorecords used by the Management Agency, 500 C Street, SW., Reform. This proposed rule meets the Licensee solely to facilitate Washington, DC 20472, (202) 646–2820, applicable standards of Executive Order transmissions during the Term for or (e-mail) [email protected]. 12988.

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66603

List of Subjects in 44 CFR Part 67 PART 67—[AMENDED] 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. Administrative practice and procedure, Flood insurance, Reporting 1. The authority citation for part 67 § 67.4 [Amended] continues to read as follows: and recordkeeping requirements. 2. The tables published under the Accordingly, 44 CFR part 67 is Authority: 42 U.S.C. 4001 et seq.; authority of § 67.4 are proposed to be proposed to be amended as follows: Reorganization Plan No. 3 of 1978, 3 CFR, amended as follows:

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

Town of Ennis, Montana

Montana ...... Town of Ennis ...... Moores Creek ...... Approximately 5,450 feet downstream of None +4915 1st Street. Approximately 650 feet upstream of None +5030 Moores Creek Road.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Town of Ennis Maps are available for inspection at 328 West Main Street, Ennis, MT 59729.

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

Cross County, Arkansas, and Incorporated Areas

Cooper Creek ...... Approximately 1,100 feet upstream of State Highway None +279 Unincorporated Areas of 1 Business. Cross County. Approximately 0.58 mile upstream of State Highway 1 None +286 Business. Turkey Creek ...... Approximately 400 feet upstream of State Highway 1 None +258 Unincorporated Areas of Cross County. Just upstream of Gibbs Road ...... None +259

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Cross County Maps are available for inspection at 705 Union Avenue East, Room 4, Wynne, AR 72396.

Drew County, Arkansas, and Incorporated Areas

Tenmile Creek ...... Approximately 1,000 feet downstream of the Missouri None +208 Unincorporated Areas of Pacific Railroad. Drew County. Just downstream of Missouri Pacific Railroad ...... None +212

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 66604 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

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

Tenmile Tributary ...... Approximately 3,200 feet downstream of Ragland Av- None +222 City of Monticello, Unincor- enue. porated Areas of Drew County. Just downstream of Barkada Road ...... None +236

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Monticello Maps are available for inspection at 204 West Gains Street, Monticello, AR 71655. Unincorporated Areas of Drew County Maps are available for inspection at 210 South Main Street, Monticello, AR 71655.

Poinsett County, Arkansas, and Incorporated Areas

Left Hand Chute of Little At the confluence of St. Francis River ...... None +212 Unincorporated Areas of River. Poinsett County. Approximately 0.45 mile downstream of Leatherwood None +216 Lane. Approximately 1.02 mile downstream of State High- None +220 way 140. Approximately 1,400 feet downstream of State High- None +223 way 140. St. Francis River ...... Approximately 0.73 mile downstream of Highway 63 .. None +211 Unincorporated Areas of Poinsett County. At the confluence of Left Hand Chute of Little River ... None +212

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Poinsett County Maps are available for inspection at the County Hall, Harrisburg, AR 72432.

Saline County, Arkansas, and Incorporated Areas

Hurricane Lake ...... Just downstream of Interstate 30 ...... None +369 City of Benton, Unincor- porated Areas of Saline County. . Approximately 0.41 mile downstream of Zuber Road .. None +410

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Benton

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66605

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

Maps are available for inspection at 114 South East Street, Benton, AR 72015. Unincorporated Areas of Saline County Maps are available for inspection at 200 North Main Street, Room 17, Benton, AR 72015.

Humboldt County, California, and Incorporated Areas

Redwood Creek (With all lev- At the confluence with the Pacific Ocean ...... None +10 Unincorporated Areas of ees). Humboldt County. Approximately 1.25 mile upstream of U.S. Highway None +44 101. Redwood Creek (Without all At the confluence with the Pacific Ocean ...... None +10 Unincorporated Areas of levees). Humboldt County. Approximately 1.25 mile upstream of U.S. Highway None +42 101. Redwood Creek (Without all At the confluence with the Pacific Ocean ...... None +10 Unincorporated Areas of right levees). Humboldt County. Approximately 1.25 mile upstream of U.S. Highway None +43 101.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Humboldt County Maps are available for inspection at the County Courthouse, 825 5th Street, Room 111, Eureka, CA 95501.

Oglethorpe County, Georgia, and Incorporated Areas

Oconee River ...... At the confluence of Falling Creek ...... None +461 Unincorporated Areas of Oglethorpe County. Approximately 0.4 mile upstream of the county None +477 boundary.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Oglethorpe County Maps are available for inspection at the Oglethorpe County Board of Commissioners Office, 341 West Main Street, Lexington, GA 30648.

Wilkinson County, Georgia, and Incorporated Areas

Little Commissioner Creek .... Approximately 0.4 mile upstream of State Route 18 ... None +332 Unincorporated Areas of Wilkinson County. Approximately 0.5 mile upstream of State Route 18 ... None +332

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 66606 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

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

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Wilkinson County Maps are available for inspection at the County Courthouse, 100 Bacon Street, Irwinton, GA 31042.

Bath County, Kentucky, and Incorporated Areas

Caney Creek (Backwater ef- From confluence with Cave Run Lake to approxi- None +747 Unincorporated Areas of fects from Cave Run Lake). mately 0.6 mile upstream of the confluence with Bath County. Cave Run Lake. Cave Run Lake ...... Entire shoreline of Cave Run Lake ...... None +747 Unincorporated Areas of Bath County. Sulpher Branch (Backwater From confluence with Cave Run Lake to 2,000 feet None +747 Unincorporated Areas of effects from Cave Run upstream of the confluence with Cave Run Lake. Bath County. Lake). Trough Lick Branch (Back- From confluence with Cave Run Lake to 2,000 feet None +747 Unincorporated Areas of water effects from Cave upstream of the confluence with Cave Run Lake. Bath County. Run Lake).

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Bath County Maps are available for inspection at 19 East Main Street, Owingsville, KY 40360.

Pointe Coupee Parish, Louisiana, and Incorporated Areas

Bayou Fordoche ...... Approximately 0.47 mile downstream of Interstate 190 None +19 Town of Livonia. Approximately 1.21 mile upstream of Interstate High- None +19 way 190. Bayou Fordoche ...... Approximately 0.54 mile downstream of Robinhood None +26 Village of Fordoche. Road. Approximately 900 feet downstream of Robinhood None +27 Road. False Bayou ...... Just upstream of Texas and Union Railroad ...... +29 +23 Unincorporated Areas of Pointe Coupee Parish. Approximately 1,500 feet upstream of Texas and +29 +27 Union Railroad.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Town of Livonia Maps are available for inspection at the Pointe Coupee Police Jury, 160 East Main Street, New Roads, LA 70760. Unincorporated Areas of Pointe Coupee Parish Maps are available for inspection at the Pointe Coupee Police Jury, 160 East Main Street, New Roads, LA 70760. Village of Fordoche Maps are available for inspection at the Pointe Coupee Police Jury, 160 East Main Street, New Roads, LA 70760.

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66607

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

Dorchester County, Maryland, and Incorporated Areas

Marshy Hope Creek ...... Approximately at the county boundary with Caroline None +11 Unincorporated Areas of County. Dorchester County. Approximately 250 feet downstream of the Town of None +11 Federalsburg corporate limits. Wright’s Branch ...... Approximately at Delaware Avenue ...... None +35 Unincorporated Areas of Dorchester County. Approximately 400 feet upstream of Andrews Street .. None +37

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Dorchester County Maps are available for inspection at the County Office Building, 501 Court Lane, Cambridge, MD 21613.

Somerset County, Maryland, and Incorporated Areas

Loretta Branch ...... Approximately 125 feet downstream of Umes Boule- None +5 Unincorporated Areas of vard. Somerset County. Approximately at the confluence with Manokin River None +5 and Manokin Branch. Manokin Branch ...... Approximately at the confluence with Manokin River None +5 Unincorporated Areas of and Loretta Branch. Somerset County. Approximately 750 feet upstream of Broad Street ...... None +5 Manokin River ...... Approximately 4,000 feet upstream of the confluence None +5 Unincorporated Areas of with Taylor Creek. Somerset County. Approximately at the crossing of Somerset Avenue .... None +5

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Somerset County Maps are available for inspection at 319 West Main Street, Crisfield, MD 21817.

Prentiss County, Mississippi, and Incorporated Areas

Tennessee-Tombigbee Wa- Entire shoreline (within county) ...... None +420 Unincorporated Areas of terway (Bay Springs Lake). Prentiss County.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 66608 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

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

ADDRESSES Unincorporated Areas of Prentiss County Maps are available for inspection at the County Courthouse, 2301 North 2nd Street, Booneville, MS 38829.

Gallia County, Ohio, and Incorporated Areas

Campaign Creek (backwater Approximately 640 feet upstream of Bulaville Pike ..... None +571 Unincorporated Areas of effects from Ohio River). Gallia County. Approximately 0.7 mile upstream of Bulaville Pike ...... None +571 Clear Fork (backwater effects Confluence with Raccoon Creek ...... None +566 Unincorporated Areas of from Ohio River). Gallia County. Approximately 0.6 mile downstream of State Route None +566 141. Little Swan Creek (backwater Confluence with Swan Creek ...... None +561 Unincorporated Areas of effects from Ohio River). Gallia County. Approximately 0.7 mile upstream of confluence with None +561 Swan Creek. Raccoon Creek ...... Approximately 1.9 mile downstream of State Route None +605 Unincorporated Areas of 160 in the Village of Vinton. Gallia County, Village of Vinton. Approximately 0.8 mile upstream of State Route 160 None +613 in the Village of Vinton. Raccoon Creek (backwater Approximately 0.6 mile upstream of Little Raccoon None +566 Unincorporated Areas of effects from Ohio River). Creek’s confluence with Raccoon Creek. Gallia County. Approximately 0.7 mile upstream of Lincoln Pike ...... None +566 Swan Creek (backwater ef- Approximately 1,020 feet downstream of Swan Creek None +561 Unincorporated Areas of fects from Ohio River). Road. Gallia County. Approximately 1,360 feet downstream of Peters None +561 Branch Road.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Gallia County Maps are available for inspection at 111 Jackson Pike, Suite 1569, Gallipolis, OH 45631. Village of Vinton Maps are available for inspection at 111 Jackson Pike, Suite 1569, Gallipolis, OH 45631.

Le Flore County, Oklahoma, and Incorporated Areas

Caston Creek ...... Just upstream of the confluence with the Poteau None +463 Unincorporated Areas of River. Le Flore County. Approximately 500 feet upstream of the confluence None +470 with Mountain Creek. Morris Creek ...... Approximately 200 feet downstream of Old Highway None +469 Town of Howe, Unincor- 59. porated Areas of Le Flore County. Approximately 830 feet downstream of County Road None +492 East 1425. Morris Tributary ...... Approximately 1,640 feet downstream of Highway 59 None +485 Town of Howe, Unincor- porated Areas of Le Flore County. Approximately 525 feet downstream of County Road None +501 East 1430. Mountain Creek ...... At the confluence with Caston Creek ...... None +470 Unincorporated Areas of Le Flore County. Approximately 600 feet upstream of Highway 270 ...... None +483 Polk Creek ...... Approximately 0.6 mile downstream of Possum Valley None +443 City of Poteau, Unincor- Road. porated Areas of Le Flore County.

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66609

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

Just upstream of Polk Creek Road ...... None +584 Poteau River ...... Flooding effects from the Poteau River extending just None +448 Unincorporated Areas of upstream of the San Francisco Railway. Le Flore County. Flooding effects from the Poteau River extending None +453 from 2.3 miles upstream of County Road East 1370. Town Creek North ...... Approximately 958 feet upstream of Witte Street ...... +454 +453 City of Poteau. Just upstream of Cavanal Scenic Expressway ...... None +571

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Poteau Maps are available for inspection at 111 Peters Street, Poteau, OK 74953. Town of Howe Maps are available for inspection at 21781 West Main Street, Howe, OK 74940. Unincorporated Areas of Le Flore County Maps are available for inspection at 100 South Broadway Street, Poteau, OK 74953.

Colorado County, Texas, and Incorporated Areas

Colorado River ...... Approximately 0.6 mile downstream of County High- None +139 Unincorporated Areas of way 122. Colorado County, City of Columbus, City of Eagle Lake, Colorado County Water Control Improve- ment District No. 2. Just downstream of Burnham’s Ferry Crossing ...... None +223

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Columbus Maps are available for inspection at 605 Spring Street, Columbus, TX 78934. City of Eagle Lake Maps are available for inspection at 400 Spring Street, Columbus, TX 78934. Colorado County Water Control Improvement District No. 2 Maps are available for inspection at 400 Spring Street, Columbus, TX 78934. Unincorporated Areas of Colorado County Maps are available for inspection at 400 Spring Street, Columbus, TX 78934.

Dawson County, Texas, and Incorporated Areas

Sulphur Springs Draw ...... Just upstream of County Road L ...... None +2924 Unincorporated Areas of Dawson County. Just downstream of U.S. Highway 180 ...... None +2950

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

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 66610 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

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

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Dawson County Maps are available for inspection at 400 South 1st Street, Lamesa, TX 79331.

Denton County, Texas, and Incorporated Areas

Cooper Creek ...... Approximately 570 feet downstream of the intersec- +588 +585 City of Denton. tion of Cooper Creek and Mingo Road. Approximately 586 feet downstream of the intersec- +630 +628 tion of Cooper Creek and East Sherman Drive.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Denton Maps are available for inspection at 215 East McKinney Street, Denton, TX 76201.

Duval County, Texas, and Incorporated Areas

San Diego Creek ...... Just upstream of Ventura Street ...... None +296 City of San Diego, Unin- corporated Areas of Duval County. Just upstream of Julian Street ...... None +304

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of San Diego Maps are available for inspection at 404 South Meir Street, San Diego, TX 78384. Unincorporated Areas of Duval County Maps are available for inspection at 400 East Gravis Highway 44, San Diego, TX 78384.

Fannin County, Texas, and Incorporated Areas

Bois D’arc Creek ...... Approximately 1,400 feet upstream of State Highway None +553 Unincorporated Areas of 56. Fannin County. Approximately 0.75 mile upstream of State Highway None +554 56.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66611

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

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Fannin County Maps are available for inspection at 101 East Sam Rayburn Drive, Bonham, TX 75418.

Hale County, Texas, and Incorporated Areas

Running Water Draw...... Approximately 1,800 feet downstream of County +3335 +3337 City of Plainview, Unincor- Road Y. porated Areas of Hale County. Approximately 500 feet upstream of U.S. Highway 70 +3381 +3382 Tributary A ...... Approximately 1,400 feet upstream of Business Loop +3378 +3380 City of Plainview, Unincor- Interstate 27. porated Areas of Hale County. Just upstream of County Road 60 ...... +3387 +3388 Tributary to Running Water At the confluence with Running Water Draw ...... +3364 +3365 City of Plainview, Unincor- Draw. porated Areas of Hale County. Playa C adjoining Interstate 27 ...... +3380 +3381

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Plainview Maps are available for inspection at 901 Broadway Street, Plainview, TX 79072. Unincorporated Areas of Hale County Maps are available for inspection at 500 Broadway Street, Plainview, TX 79072.

Wasatch County, Utah, and Incorporated Areas

Center Creek ...... At confluence with Surplus Canal ...... None +5628 City of Heber City, Town of Independence, Unin- corporated Areas of Wasatch County. Approximately 2,914 feet upstream of the upper Cen- None +6573 ter Creek Road crossing. Humbug Canal ...... At the confluence with Center Creek ...... None +5685 City of Heber City, Unin- corporated Areas of Wasatch County. Approximately 566 feet upstream of 600 South Street None +5692 Lake Creek ...... At the diversion to South Lake Creek and North Lake None +5860 Unincorporated Areas of Creek. Wasatch County. Approximately 0.73 mile upstream of Lake Pines None +6738 Drive. Lower Wasatch Canal ...... At Highway 189 ...... None +5634 City of Heber City, Unin- corporated Areas of Wasatch County. Approximately 800 feet upstream of Mill Road ...... None +5694 North Lake Creek ...... Approximately 800 feet upstream of Mill Road ...... None +5694 City of Heber City, Unin- corporated Areas of Wasatch County. At the diversion from Lake Creek ...... None +5860 Snake Creek ...... At confluence with Middle Provo River ...... None +5422 City of Midway, Unincor- porated Areas of Wasatch County. Approximately 210 feet upstream of Warm Springs None +5760 Road.

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 66612 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

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

South Lake Creek ...... Approximately 566 feet upstream of 600 South Street None +5692 City of Heber City, Unin- corporated Areas of Wasatch County. At the diversion from Lake Creek ...... None +5860 Surplus Canal ...... At the confluence with the Middle Provo River ...... None +5433 City of Heber City, Unin- corporated Areas of Wasatch County. At Highway 189 ...... None +5634 Upper Provo River ...... Approximately 0.52 mile downstream of Highway 32 .. None +6186 Unincorporated Areas of Wasatch County. Approximately 0.28 mile upstream of Moonlight Drive None +6426

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Heber City Maps are available for inspection at 75 North Main Street, Heber City, UT 84032. City of Midway Maps are available for inspection at 75 North 100 West, Midway, UT 84032. Town of Independence Maps are available for inspection at 4530 East Center Creek Road, Heber City, UT 84032. Unincorporated Areas of Wasatch County Maps are available for inspection at 25 North Main Street, Heber City, UT 84032.

Barbour County, West Virginia, and Incorporated Areas

Tygart Valley River ...... Approximately 40 feet downstream of the confluence None +1696 Unincorporated Areas of of Big Run. Barbour County. Approximately 175 feet upstream of the confluence of None +1706 Tributary No. 1 to Tygart Valley River.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Barbour County Maps are available for inspection at the County Courthouse, 8 North Main Street, Philippi, WV 26416.

Upshur County, West Virginia, and Incorporated Areas

Brushy Fork (Backwater Approximately at the confluence with Fink Run ...... None +1415 Unincorporated Areas of flooding from Buckhannon Upshur County. River). Approximately 700 feet upstream of County Route 7/1 None +1415 (Left Branch of Brushy Fork). Fink Run (Backwater flooding Just upstream of Old Weston Road ...... None +1415 Unincorporated Areas of from Buckhannon River). Upshur County. Approximately 2,100 feet upstream of intersection of None +1415 Old Weston Road and County Route 5/7 (Mudlick Run).

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66613

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

Unnamed Tributary No. 1 to Approximately at the area bounded by U.S. Route 33, None +1415 Unincorporated Areas of Fink Run (Backwater flood- Wabash Avenue, and County Route 33/1. Upshur County. ing from Buckhannon River).

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Upshur County Maps are available for inspection at 38 West Main Street, Buckhannon, WV 26201.

(Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Deborah S. Ingram, Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E9–29934 Filed 12–15–09; 8:45 am] BILLING CODE 9110–12–P

VerDate Nov<24>2008 14:04 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 66614

Notices Federal Register Vol. 74, No. 240

Wednesday, December 16, 2009

This section of the FEDERAL REGISTER For security purposes and to facilitate considered when revising the contains documents other than rules or a smooth entry into a Federal facility, Guidelines. proposed rules that are applicable to the attendees may provide their names in The goal of this public meeting is to public. Notices of hearings and investigations, advance, as spelled on government gather information about the committee meetings, agency decisions and issued identification, via e-mail to: determination and use of product life rulings, delegations of authority, filing of petitions and applications and agency [email protected]. This list will be cycle assessment (LCA) as it relates to statements of organization and functions are given to security personnel to expedite the BioPreferred program. BioPreferred examples of documents appearing in this the entry process. Additionally, is a Federal program that encourages the section. attendees are encouraged to gain entry purchase and use of biobased into the building at Wing 7 on the products—those made from biological corner of 14th Street and Independence or renewable agricultural materials. DEPARTMENT OF AGRICULTURE Avenue, SW., and will be required to Program management is seeking input present government issued on (1) How best to determine if biobased Departmental Management; Public identification. (You may also enter products are environmentally preferable Meeting on BioPreferredSM Voluntary through Wing 1 near the Metro at 12th to conventional products (e.g., the Labeling Program St. and Independence Ave. Escorts will optimum process for analyzing these be available to make sure you find the biological ingredients and materials) AGENCY: Departmental Management, Jefferson Auditorium with no and (2) what measures/methods other Office of Procurement and Property difficulty.) Those attending are advised stakeholders are using to determine and Management, USDA. to arrive at least 30 minutes early to clarify this issue based on ongoing work ACTION: Notice of public meeting. pass through security. by numerous entities in this area. Those unable to attend the public Under the current Guidelines, USDA SUMMARY: The U.S. Department of meeting in person may listen to the determines life cycle costs, Agriculture (USDA) will hold a public meeting by calling 800–857–5233. The environmental and health benefits, and meeting on January 5, 2010, for pass code is ‘‘USDA’’. Participants using performance of biobased products using interested stakeholders to discuss the the audio bridge may e-mail comments Building for Environmental and issue of evaluating environmental or questions during the meeting to Economic Sustainability (BEES), an assessment of biobased products, [email protected]. analytic tool used to determine the including the proposed determination FOR FURTHER INFORMATION CONTACT: U.S. environmental and health benefits and and use of product life cycle assessment Department of Agriculture, Office of life cycle costs of items. The U.S. (LCA), as that issue pertains to (1) The Procurement and Property Management, Department of Commerce, National designation by the U.S. Department of Ron Buckhalt, BioPreferred Manager, Institute of Standards and Technology, Agriculture of biobased products for a 342 Reporters Building, 300 7th Street, with support from the U.S. Federal procurement preference, as SW., Washington, DC 20024, (202) 205– Environmental Protection Agency mandated by the 2008 Farm Bill, and (2) 4008. [email protected]. (EPA), developed the BEES model. the need for supplementary information BEES measures the environmental about a product’s environmental aspects SUPPLEMENTARY INFORMATION: Section performance of products by using the under the pending ‘‘USDA Certified 9002 of the Farm Security and Rural internationally standardized and Biobased Product’’ labeling program. Investment Act of 2002 (FSRIA) (Pub. L. science-based life cycle assessment Given the growing importance of 107–171) established a program for the approach specified in the International biobased products to consumers, procurement of USDA designated Organization for Standards (ISO) 14040 industry, and government, there is a biobased products by Federal agencies standards. All stages in the life of a clear need to assess the sustainability of and a voluntary program for the labeling product are analyzed: raw material these products, and to do so using an of USDA certified biobased products. acquisition, manufacture, agreed-upon and credible process/ The Food, Conservation, and Energy Act transportation, installation, use, and procedure. of 2008 (2008 Farm Bill) (Pub. L. 110– 246) continued these programs and recycling and waste management. DATES: January 5, 2010, 8:30 a.m. (EST) made certain changes to the Federal Biobased product economic to 1 p.m. (EST). procurement preference program. USDA performance is measured using the Meeting Location: Jefferson refers to the procurement preference American Society for Testing and Auditorium, South Building, U.S. program and the voluntary labeling Materials (ASTM) standard life cycle Department of Agriculture, 1400 program together as the BioPreferred cost method, which covers the costs of Independence Ave., SW., Washington, Program. initial investment, replacement, DC 20250–9911. Due to the changes mandated by the operation, maintenance and repair, and Pre-registration for the January 5, 2008 Farm Bill, and the passage of five disposal. 2010, meeting is not required but would years since USDA first published the The working definition of LCA under be helpful, particularly if you wish to Guidelines for Designated Biobased consideration for the January 5, 2010 make a presentation. If you wish to Products for Federal Procurement meeting is ‘‘the compilation and register to attend please do so at this (Guidelines) (7 CFR 2902), USDA evaluation of the inputs, outputs, and Web site: http://www.cepd.iastate.edu/ intends to revise the Guidelines. USDA the potential environmental impacts of biopreferred and state whether or not is holding a series of public meetings to a product system throughout its life you wish to be recognized to make a gather input from interested cycle, including manufacture, use, and formal presentation. stakeholders on what should be disposal.’’ LCA is one of several

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66615

environmental management techniques DEPARTMENT OF COMMERCE documentation is used to determine if a (e.g., risk assessment, environmental firm is eligible to participate in the performance evaluation, environmental Economic Development Administration program. In accordance with the Trade auditing, and environmental impact Act and EDA’s regulations as set out at assessment). Proposed Information Collection; 13 CFR part 315, EDA must verify that Comment Request; Form ED–840P the following have occurred: (1) A To set the stage before opening the Petition by a Firm for Certification of forum for public comment, USDA has significant reduction in the number or Eligibility To Apply for Trade proportion of the workers in the firm, a invited to the public meeting speakers Adjustment Assistance; Trade reduction in the workers’ wage or work from USDA and EPA, as well as Adjustment Assistance for Firms hours, or an imminent threat of such individuals from academia and industry Program reductions; (2) sales or production of the who are well-versed in sustainable firm have decreased absolutely, as practices and determination and AGENCY: Economic Development defined in EDA’s regulations, or sales or implementation of product LCA. USDA Administration (EDA), Department of Commerce. production, or both, of any article or is seeking answers to a series of service accounting for at least 25 questions about LCA and the role of ACTION: Notice. percent of the firm’s sales or production BEES in designating biobased products has decreased absolutely; and (3) an for Federal procurement. These SUMMARY: The Department of Commerce, as part of its continuing increase in imports of articles or questions include: services like or directly competitive • effort to reduce paperwork and How should USDA use LCA to respondent burden, invites the general with those produced or provided by the designate categories of biobased public and other federal agencies to take petitioning firm has contributed products for preferred Federal this opportunity to comment on importantly to the decline in procurement? proposed and/or continuing information employment and sales or production of • Should USDA use LCA to collections, as required by the the firm. Additionally, the firm must determine which biobased/BioPreferred Paperwork Reduction Act of 1995. demonstrate that its customers have reduced purchases from the firm in products will be eligible for voluntary DATES: Written comments must be product labeling and, if so, how? favor of buying items or services from submitted on or before February 16, foreign suppliers. The use of the form • Is BEES the most appropriate tool 2010. standardizes and limits the information for LCA for the BioPreferred program? ADDRESSES: Direct all written comments collected as part of the certification • Should USDA consider a more to Diana Hynek, Departmental process and eases the burden on simplified approach to environmental Paperwork Clearance Officer, applicants and reviewers alike. assessment such as carbon footprinting Department of Commerce, Room 7845, After being determined eligible for rather than multivariate analyses such 14th and Constitution Avenue, NW., TAAF Program assistance using the as BEES? Washington, DC 20230 (or via the information provided on Form ED– Internet at [email protected]). 840P, firms must create an EDA- Additionally, USDA will hold two approved adjustment proposal, which is meetings in 2010 to hear from interested FOR FURTHER INFORMATION CONTACT: Requests for additional information or each firm’s business plan to remain stakeholders about their input on two viable in the current global economy, in other subjects. The first meeting will copies of the information collection instrument and instructions should be order to receive financial assistance focus on how to designate complex under the TAAF Program. Each biobased products. The second meeting directed to Diane Rodriguez, Program Analyst, Performance and National adjustment proposal must meet certain will address how to designate requirements as set out in the Trade Act intermediate ingredients and feedstocks Programs Division, Room 7009, Economic Development Administration, and EDA’s regulation at 13 CFR 315.16. that can be used to produce items This notice also includes an estimate for subject to the Federal procurement Washington, DC 20230, telephone (202) 482–4495, facsimile (202) 482–2838 (or adjustment proposals. preference program and how to Form ED–840P was renewed in June via the Internet at automatically designate items composed 2009; however, an emergency request [email protected]). of designated intermediate ingredients was submitted to the Office of and feedstocks if the content of the SUPPLEMENTARY INFORMATION: Management and Budget due to the designated intermediate ingredients and eligibility changes in the Trade I. Abstract feedstocks exceeds 50 percent of the Adjustment Assistance for Firms item (unless the Secretary determines a EDA administers the Trade Program as specified in the Trade and different composition percentage is Adjustment Assistance for Firms Globalization Adjustment Assistance appropriate). One of these two 2010 (TAAF) Program, which is authorized Act (TGAAA) of 2009, which meetings will be held in Iowa and the under chapters 3 and 5 of title II of the reauthorized the program. OMB other in California. USDA will post Trade Act of 1974, as amended (19 approved this emergency request on notices in the Federal Register when U.S.C. 2341 et seq.) (Trade Act), through August 12, 2009, and because of the details are final regarding these a national network of 11 non-profit and time constraints of the emergency meetings. university-affiliated Trade Adjustment request, a notice for public comment Assistance Centers (TAACs), each of was not processed. The emergency Done in Washington, DC, this eleventh day which serves a different geographic request is valid for six months and this of December 2009. service region. EDA certifies firms as notice will begin the process to extend Robin E. Heard, eligible to participate in the TAAF the approval. Deputy Assistant Secretary for Program and provides funding to allow In order to comply with and facilitate Administration, U.S. Department of eligible client-firms to receive new reporting and eligibility Agriculture. adjustment assistance through the requirements as stated in the TGAAA, [FR Doc. E9–29957 Filed 12–15–09; 8:45 am] TAACs. The information collected on three new collection items have been BILLING CODE P Form ED–840P and relevant supporting added to the form. In addition, a fourth

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66616 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

item was recommended by the TAAC IV. Request for Comments Reviews and Requests for Revocation in Petition Team. Following are the Comments are invited on: (1) Whether Part, 74 FR 30052 (June 24, 2009). The changes to Form ED–840P: the proposed collection of information preliminary results for this review are (1) Item 1 has been revised so that a is necessary for the proper performance currently due no later than January 31, firm’s congressional district may be of the functions of the agency, including 2010. recorded. This will allow EDA to whether the information shall have Extension of Time Limits for comply with the statutory requirement practical utility; (2) the accuracy of the Preliminary Results to report the number of petitions and agency’s estimate of the burden certifications by congressional district. (including hours and cost) of the Section 751(a)(3)(A) of the Tariff Act (2) Item 6 has been revised so that proposed collection of information; (3) of 1930, as amended (‘‘the Act’’), petitioners may clarify whether they are ways to enhance the quality, utility, and requires the Department of Commerce using decline in net sales or net clarity of the information to be (‘‘Department’’) to issue the preliminary production to qualify. This will allow a collected; and (4) ways to minimize the results of an administrative review more accurate calculation of a firm’s burden of the collection of information within 245 days after the last day of the productivity measure, which EDA is on respondents, including through the anniversary month of an order for which calculating as net sales per employee. use of automated collection techniques a review is requested and the final EDA is required to report on a firm’s or other forms of information results within 120 days after the date on productivity at time of certification, technology. which the preliminary results are upon completion of the program, and Comments submitted in response to published. If it is not practicable to each year for the two years thereafter. this notice will be summarized and/or complete the review within the time (3) The eligibility criteria have been included in the request for OMB period, section 751(a)(3)(A) of the Act revised to allow for a 24 or 36-month approval of this information collection; allows the Department to extend the look-back period. Item 6 of Form ED– they also will become a matter of public deadline for the preliminary results to a 840P has been revised so that record. maximum of 365 days. The Department requires additional petitioners can clearly indicate their Dated: December 10, 2009. look-back period. time to review and analyze the Gwellnar Banks, respondent’s sales and cost information (4) As recommended by the TAACs, Management Analyst, Office of the Chief and to issue supplemental Item 12 has been revised to allow the Information Officer. questionnaires. Thus, we have respective TAAC Director to sign [FR Doc. E9–29856 Filed 12–15–09; 8:45 am] determined that it is not practicable to certifying the accuracy and BILLING CODE 3510–34–P complete this review within the completeness of the petition previously established time limit (i.e., information. by January 31, 2010). Therefore, the DEPARTMENT OF COMMERCE II. Method of Collection Department is extending the time limit International Trade Administration for completion of these preliminary Form ED–840P may be downloaded in results by 120 days to no later than May Portable Document Format (PDF) from A–580–839 31, 2010, in accordance with section EDA’s Web site at http://www.eda.gov/ 751(a)(3)(A) of the Act. The final results InvestmentsGrants/Directives.xml. Certain Polyester Staple Fiber from the continue to be due 120 days after the Although there is no form associated Republic of Korea: Extension of Time publication of the preliminary results. with adjustment proposals, they must Limit for the Preliminary Results of the We are issuing and publishing this meet the requirements set out in EDA’s 2008 - 2009 Antidumping Duty notice in accordance with sections regulation at 13 CFR 315.16. Both Administrative Review 751(a)(3)(A) and 777(i)(1) of the Act. petitions for certification on Form ED– AGENCY: 840P and adjustment proposals may be Import Administration, Dated: December 10, 2009. submitted via e-mail to International Trade Administration, John M. Andersen, [email protected] or in hard copy to Department of Commerce. Acting Deputy Assistant Secretary for EDA at 1401 Constitution Avenue, NW., EFFECTIVE DATE: December 16, 2009. Antidumping and Countervailing Duty Room 7106, Washington DC 20230. FOR FURTHER INFORMATION CONTACT: Seth Operations. Isenberg or Patricia Tran, AD/CVD [FR Doc. E9–29930 Filed 12–15–09; 8:45 am] III. Data Operations, Office 1, Import BILLING CODE 3510–DS–S OMB Control Number: 0610–0091. Administration, International Trade Form Number(s): ED–840P. Administration, U.S. Department of DEPARTMENT OF COMMERCE Type of Review: Regular submission. Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230, Affected Public: Business or other for- telephone (202) 482–0558 and (202) International Trade Administration profit organizations. 482–1503, respectively. Estimated Number of Respondents: A–570–887 SUPPLEMENTARY INFORMATION: 800 (500 petitions for certification and Tetrahydrofurfuryl Alcohol from the 300 adjustment proposals). Supplementary Information People’s Republic of China: Estimated Time Per Response: 128.2 On June 24, 2009, the Department Continuation of the Antidumping Duty hours (8.2 for petitions for certification published a notice of initiation of an Order and 120 for adjustment proposals) administrative review of the Estimated Total Annual Burden antidumping duty order on certain AGENCY: Import Administration, Hours: 40,100 (4,100 for petitions for polyester staple fiber (‘‘PSF’’) from the International Trade Administration, certification and 36,000 for adjustment Republic of Korea (‘‘Korea’’), covering Department of Commerce. proposals). the period May 1, 2008, through April EFFECTIVE DATE: December 16, 2009. Estimated Total Annual Cost to 30, 2009. See Initiation of Antidumping SUMMARY: As a result of the Public: $0. and Countervailing Duty Administrative determinations by the Department of

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66617

Commerce (‘‘Department’’) and the the merchandise subject to the order is 33E). Under T/IM procedures, DNP has International Trade Commission (‘‘ITC’’) dispositive. requested authority to produce that revocation of the antidumping duty monochrome thermal transfer ribbon Continuation of the Order order on Tetrahydrofurfuryl Alcohol (TTR) printer rolls (HTSUS 8443.99, (‘‘THFA’’) from the People’s Republic of As a result of these determinations by duty-free), using foreign-sourced master China (‘‘PRC’’) would likely lead to a the Department and the ITC that rolls of TTR (HTSUS 3702.39, duty rate, continuation or recurrence of dumping revocation of the antidumping duty 3.7%), representing 71–87% of the and material injury to an industry in the order on THFA would likely lead to a value of the finished product. T/IM United States, the Department is continuation or recurrence of dumping authority could be granted for a period publishing a notice of continuation of and material injury to an industry in the of up to two years. the antidumping duty order. United States, pursuant to section FTZ procedures could exempt DNP 751(d)(2) of the Act, the Department FOR FURTHER INFORMATION CONTACT: from customs duty payments on the hereby orders the continuation of the Frances Veith, AD/CVD Operations, foreign TTR master rolls used in export antidumping order on THFA from the Import Administration, International production. The company anticipates PRC. United States Customs and Border Trade Administration, U.S. Department that some 10 percent of the plant’s Protection will continue to collect of Commerce, 14th Street & Constitution shipments will be exported. On its antidumping duty cash deposits at the Avenue, NW, Washington, DC 20230; domestic sales, DNP would be able to rates in effect at the time of entry for all telephone: (202) 482–4295. choose the duty rate during customs imports of subject merchandise. The entry procedures that apply to the SUPPLEMENTARY INFORMATION: On July 1, effective date of the continuation of the 2009, the Department initiated a sunset finished TTR printer rolls (duty-free) for order will be the date of publication in the foreign TTR master rolls. FTZ review of the antidumping duty order the Federal Register of this notice of on THFA from the PRC pursuant to procedures would further allow DNP to continuation. Pursuant to section realize logistical benefits through the section 751(c) of the Tariff Act of 1930, 751(c)(2) of the Act, the Department as amended (‘‘Act’’). See Initiation of use of certain customs procedures and intends to initiate the next five-year duty savings on scrap and waste for the Five-year (‘‘Sunset’’) Review, 74 FR review of the order not later than 30 new activity. 31412 (July 1, 2009). days prior to the fifth anniversary of the In accordance with the Board’s As a result of its review, the effective date of continuation.This five- regulations, Diane Finver of the FTZ Department determined that revocation year (sunset) review and this notice are Staff is designated examiner to evaluate of the antidumping duty order on THFA in accordance with section 751(c) of the and analyze the facts and information from the PRC would likely lead to a Act and published pursuant to section continuation or recurrence of dumping 777(i)(1) of the Act. presented in the application and case and, therefore, notified the ITC of the record and to report findings and Dated: December 9, 2009. magnitude of the margins likely to recommendations pursuant to Board prevail should the order be revoked. See Carole A. Showers, Orders 1347 and 1480. Tetrahydrofurfuryl Alcohol from the Acting Deputy Assistant Secretary for Import Public comment is invited from Administration. People’s Republic of China: Final interested parties. Submissions (original Results of the Expedited Sunset Review [FR Doc. E9–29908 Filed 12–15–09; 8:45 am] and 3 copies) shall be addressed to the of the Antidumping Duty Order, 74 FR BILLING CODE 3510–DS–S Board’s Executive Secretary at the 57290 (November 5, 2009). following address: Office of the On November 30, 2009, the ITC Executive Secretary, Foreign-Trade DEPARTMENT OF COMMERCE determined, pursuant to section 751(c) Zones Board, U.S. Department of Commerce, Room 2111, 1401 of the Act, that revocation of the Foreign-Trade Zones Board antidumping duty order on THFA from Constitution Ave. NW., Washington, DC the PRC would likely lead to a [Docket T–2–2009] 20230. The closing period for their continuation or recurrence of material receipt is January 15, 2010. Foreign-Trade Zone 33—Pittsburgh, injury to an industry in the United DNP has also submitted a request for PA; Application for Temporary/Interim States within the reasonably foreseeable permanent FTZ manufacturing authority Manufacturing Authority; DNP IMS for the same product and component. It future. See USITC Publication 4118 America Corporation (Thermal (November 2009), and should be noted that the request for Transfer Ribbon Printer Rolls); Mount permanent authority would be docketed Tetrahydrofurfuryl Alcohol from China, Pleasant, PA 74 FR 63788 (December 4, 2009). separately and would be processed as a An application has been submitted to distinct proceeding. Any party wishing Scope of the Order the Executive Secretary of the Foreign- to submit comments for consideration The product covered by this order is Trade Zones Board (the Board) by the regarding the request for permanent tetrahydrofurfuryl alcohol (C5H10O2) ( Regional Industrial Development authority would need to submit such THFA’’). THFA, a primary alcohol, is a Corporation, grantee of FTZ 33, comments pursuant to the separate clear, water white to pale yellow liquid. requesting temporary/interim notice that would be published for that THFA is a member of the heterocyclic manufacturing (T/IM) authority within request. compounds known as furans and is Subzone 33E at the DNP IMS America A copy of the application will be miscible with water and soluble in Corporation (DNP) facility, located in available for public inspection at the many common organic solvents. THFA Mount Pleasant, Pennsylvania. The Office of the Foreign-Trade Zones is currently classifiable in the application was filed on December 10, Board’s Executive Secretary at the Harmonized Tariff Schedules of the 2009. address listed above, and in the United States ( HTSUS’’) under The DNP facility (123 employees, 3.12 ‘‘Reading Room’’ section of the Board’s subheading 2932.13.00.00. Although the acres, 135,989 enclosed square feet, 336 Web site, which is accessible via HTS subheadings are provided for million square meters capacity) is http://www.trade.gov/ftz. For further convenience and for customs purposes, located at 1001 Technology Drive, information, contact Diane Finver at the Department’s written description of Mount Pleasant, Pennsylvania (Subzone [email protected] (202) 482–1367.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66618 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

Dated: December 11, 2009. the facsimile is confirmed by hard copy Dated: December 11, 2009. Andrew McGilvray, submitted by mail and postmarked no P. Michael Payne, Executive Secretary. later than the closing date of the Chief, Permits, Conservation and Education [FR Doc. E9–29905 Filed 12–15–09; 8:45 am] comment period. Division, Office of Protected Resources, National Marine Fisheries Service. BILLING CODE 3510–DS–P Comments may also be submitted by [FR Doc. E9–29940 Filed 12–15–09; 8:45 am] e-mail. The mailbox address for providing e-mail comments is BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE [email protected]. Include National Oceanic and Atmospheric in the subject line of the e-mail DEPARTMENT OF COMMERCE Administration comment the following document identifier: File No. 14506. National Oceanic and Atmospheric RIN 0648–XT27 Administration FOR FURTHER INFORMATION CONTACT: Endangered Species; File No. 14506 Amy Hapeman or Patrick Opay, (301) RIN 0648–XT08 AGENCY: National Marine Fisheries 713–2289. Establishment of a Recreational Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: The Fisheries Working Group by the Marine Atmospheric Administration (NOAA), subject permit is requested under the Fisheries Advisory Committee Commerce. authority of the Endangered Species Act ACTION: Notice; receipt of application. of 1973, as amended (ESA; 16 U.S.C. AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and SUMMARY: Notice is hereby given that 1531 et seq.) and the regulations governing the taking, importing, and Atmospheric Administration (NOAA), Llewellyn Ehrhart, University of Central Commerce. Florida, P.O. Box 162368, Orlando, exporting of endangered and threatened Florida 32816, has applied in due form species (50 CFR 222–226). ACTION: Notice; request for nominations. for a permit to take green (Chelonia Dr. Ehrhart requests a five-year mydas), hawksbill (Eretmochelys research permit to continue long-term SUMMARY: Nominations are being imbricata), Kemp’s ridley (Lepidochelys studies of sea turtle populations in three solicited for appointment to a new kempii), loggerhead (Caretta caretta), disparate habitats on Florida’s Atlantic Recreational Fisheries Working Group and leatherback (Dermochelys coriacea) coast. Project 1 would occur in the of the Marine Fisheries Advisory sea turtles for purposes of scientific Indian River Lagoon System, Project 2 Committee (MAFAC) beginning in research. would occur over the Sabellariid work January 2010. MAFAC is the only DATES: Written, telefaxed, or e-mail rock reefs of Indian River County, and Federal advisory committee with the comments must be received on or before Project 3 would occur in the Trident responsibility to advise the Secretary of January 15, 2010. Turning Basin, Cape Canaveral Air Commerce (Secretary) on all matters ADDRESSES: The application and related Force Station. Researchers would assess concerning living marine resources that documents are available for review by population structure, trends in relative are the responsibility of the Department selecting ‘‘Records Open for Public abundance, habitat utilization, sex of Commerce. MAFAC is establishing a Comment’’ from the Features box on the ratios, physiology, genetics, Recreational Fisheries Working Group Applications and Permits for Protected zoogeography, and epidemiology of sea (RFWG) to assist it in the development Species (APPS) home page, https:// turtles in these habitats. Turtles would of recommendations to the Secretary on apps.nmfs.noaa.gov/index.cfm, and be captured using tangle and dip nets. regulations, policies and programs then selecting File No. 14506 from the critical to the mission and goals of the For Project 1 researchers would list of available applications. These NMFS. The RFWG shall be composed of annually capture, flipper tag, passive documents are also available for review people with a specific interest and upon written request or by appointment integrated transponder (PIT) tag, qualification related to NOAA’s in the following offices: measure, weigh, blood sample, tissue recreation-related activities. The Permits, Conservation and Education biopsy, lavage, photograph, and/or members will be appointed by MAFAC Division, Office of Protected Resources, remove epibiota from: 100 loggerhead, in consultation with NOAA and will NMFS, 1315 East-West Highway, Room 260 green, 3 Kemp’s ridley, 2 hawksbill, serve for an initial term of one year, 13705, Silver Spring, MD 20910; phone and 1 leatherback sea turtle. Up to 10 of with the potential for reappointment. (301) 713–2289; fax (301) 713–0376; and the green sea turtles would have a Nominees should possess demonstrable Southeast Region, NMFS, 263 13th transmitter attached to the carapace expertise in the science, management or Avenue South, St. Petersburg, FL 33701; annually. For Project 2 researchers business of recreational fishing, a well- phone (727) 824–5312; fax (727) 824– would annually capture, flipper tag, PIT informed background in recreational 5309. tag, measure, weigh, blood sample, fisheries issues, and an operational Written comments or requests for a tissue biopsy, lavage, photograph, and/ knowledge of federal agencies and public hearing on this application or remove epibiota from: 10 loggerhead, interactions with the Fishery should be mailed to the Chief, Permits, 140 green, 2 Kemp’s ridley, and 2 Management Councils and/or regional Conservation and Education Division, hawksbill sea turtles. For Project 3 and state partners, and be able to fulfill F/PR1, Office of Protected Resources, researchers would annually capture, the time commitments required for two NMFS, 1315 East-West Highway, Room flipper tag, PIT tag, measure, weigh, annual meetings. 13705, Silver Spring, MD 20910. Those DATES: Applications must be individuals requesting a hearing should blood sample, tissue biopsy, lavage, postmarked on or before January 15, set forth the specific reasons why a mark the carapace with paint, and 2010. hearing on this particular request would photograph, and/or remove epibiota be appropriate. from: 10 loggerhead, 140 green, 1 ADDRESSES: Applications should be sent Comments may also be submitted by Kemp’s ridley, 1 hawksbill, and 1 to Gordon C. Colvin, Interim Senior facsimile at (301) 713–0376, provided leatherback sea turtle. Policy Advisor for Recreational

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66619

Fisheries, NMFS ST–12453, 1315 East- be viewed at the NMFS’ web page at metal from the Russian Federation for West Highway, Silver Spring, MD www.nmfs.noaa.gov/mafac.htm. the period April 1, 2008, through March 20910. Dated: December 10, 2009. 31, 2009. See Initiation of Antidumping FOR FURTHER INFORMATION CONTACT: John Oliver, and Countervailing Duty Administrative Gordon C. Colvin, Interim Senior Policy Deputy Assistant Administrator for Reviews, 74 FR 25711 (May 29, 2009). Advisor for Recreational Fisheries; (301) Operations, National Marine Fisheries The preliminary results of this 713–2367 x175; e-mail: Services. administrative review are currently due [email protected] [FR Doc. E9–29938 Filed 12–15–09; 8:45 am] no later than December 31, 2009. SUPPLEMENTARY INFORMATION: MAFAC is BILLING CODE 3510–22–S Extension of Time Limit for Preliminary establishing the RFWG to advise Results MAFAC on issues of importance to the DEPARTMENT OF COMMERCE recreational fishing community, Section 751(a)(3)(A) of the Tariff Act including, but not limited to: (1) the International Trade Administration of 1930, as amended (the Act), requires Ocean Policy Task Force report, (2) the Department to make a preliminary review and possible revision of the A–821–819 determination within 245 days after the last day of the anniversary month of an NOAA Recreational Fisheries Strategic Magnesium Metal from the Russian order for which a review is requested Plan, (3) marine spatial planning, and Federation: Extension of Time Limit for and a final determination within 120 (4) catch share policy, and such other Preliminary Results of Antidumping recreational fisheries issues identified as Duty Administrative Review days after the date on which the appropriate by MAFAC. An initial task preliminary determination is published of the RFWG will be to assist the AGENCY: Import Administration, in the Federal Register. If it is not MAFAC Recreational Fisheries International Trade Administration, practicable to complete the review Subcommittee with the planning and Department of Commerce. within these time periods, section organization of a NOAA 2010 EFFECTIVE DATE: December 16, 2009. 751(a)(3)(A) of the Act allows the recreational fishing summit. FOR FURTHER INFORMATION CONTACT: Department to extend the time limit for The RGWG members cannot be Hermes Pinilla, AD/CVD Operations, the preliminary determination to a employed by NOAA or a member of a Office 5, Import Administration, maximum of 365 days after the last day Regional Fishery Management Council International Trade Administration, of the anniversary month. or have been registered as a lobbyist U.S. Department of Commerce, 14th with the Secretary of the Senate and the We determine that it is not practicable Street and Constitution Avenue, NW, to complete the preliminary results of Clerk of the House of Representatives Washington, DC 20230; telephone: (202) this review by the current deadline of within two years of the date of 482–3477. December 31, 2009, because we require appointment. The RFWG is expected to SUPPLEMENTARY INFORMATION: have no more than 25 members to be additional time to analyze a number of selected from a balance of the diverse Background complex cost–accounting and national and regional recreational The Department of Commerce (the corporate–affiliation issues relating to fisheries sector and community Department) published an antidumping this administrative review that have perspectives. Membership is voluntary, duty order on magnesium metal from been raised by parties to the proceeding. and except for reimbursable travel and the Russian Federation on April 15, In addition, we plan to verify the related expenses, service is without pay. 2005. See Notice of Antidumping Duty questionnaire responses submitted for Each submission should provide the Order: Magnesium Metal From the this review which will require nominee’s name and affiliation (if Russian Federation, 70 FR 19930 (April additional time. applicable) and contact information 15, 2005). On April 1, 2009, we Therefore, in accordance with section including name, address, phone published the notice of opportunity to 751(a)(3)(A) of the Act and 19 CFR number, fax number, and e-mail address request administrative review. See 351.213(h)(2), we are extending the time (if available); and should describe their Antidumping or Countervailing Duty period for issuing the preliminary qualifying experience in the following Order, Finding, or Suspended results of this review by 120 days to areas: Investigation; Opportunity to Request April 30, 2010. 1. Experience in marine recreational Administrative Review, 74 FR 14771 angling, and as a leader or (April 1, 2009). In response to the This notice is published in representative of the angling opportunity to request an administrative accordance with sections 751(a)(3)(A) community, fishing clubs or review, PSC VSMPO–AVISMA and 777 (i)(1) of the Act. organizations, or in marine recreational Corporation, a Russian Federation Dated: December 9, 2009. fishing media; producer of the subject merchandise, John M. Andersen, 2. Expertise in the science, requested that the Department conduct Acting Deputy Assistant Secretary for management or business of recreational an administrative review on April 30, fishing; Antidumping and Countervailing Duty 2009. On April 30, 2009, U.S. Operations. 3. Informed background in Magnesium Corporation LLC, the [FR Doc. E9–29973 Filed 12–15–09; 8:45 am] recreational fisheries issues; and petitioner in this proceeding, also 4. Operational knowledge of federal requested that the Department conduct BILLING CODE 3510–DS–S agencies and interactions with the an administrative review with respect to Fishery Management Councils and/or PSC VSMPO–AVISMA Corporation and regional and state partners. Solikamsk Magnesium Works (SMW). Applications should be sent to (see On May 29, 2009, the Department ADDRESSES) and must be received by published a notice of initiation of an (see DATES). The full text of the MAFAC administrative review of the Charter and its current membership can antidumping duty order on magnesium

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66620 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

DEPARTMENT OF COMMERCE Revocation dispositive. Pipe fittings manufactured On June 30, 2008, Ta Chen requested, to American Society of Testing and International Trade Administration under 19 CFR 351.222(b)(2) and (e), that Materials specification A774 are [A–583–816] the antidumping duty order, as it relates included in the scope of the order. to Ta Chen, be revoked based on the Partial Rescission of Review Certain Stainless Steel Butt–Weld Pipe absence of dumping, and included with In the Preliminary Results, the Fittings from Taiwan: Final Results and its request certain company Department issued a notice of intent to Final Rescission in Part of certifications regarding revocation. In rescind the review with respect to Liang Antidumping Duty Administrative this case, our margin calculation shows Feng Stainless Steel Fitting Co., Ltd. Review that Ta Chen sold the subject (‘‘Liang Feng’’), Tru–Flow Industrial merchandise at less than normal value AGENCY: Import Administration, Co., Ltd. (‘‘Tru–Flow’’), Censor during the current review period. International Trade Administration, International Corporation (‘‘Censor’’) Additionally, Ta Chen predicates its Department of Commerce. and PFP Taiwan Co., Ltd. (‘‘PFP’’), request on the assumption that action by SUMMARY: On July 8, 2009, the because we found they had no entries of the Court of International Trade will Department of Commerce (‘‘the subject merchandise during the POR. result in recalculations for the two Department’’) published in the Federal See Preliminary Results at 32533. As the immediately preceding administrative Register the preliminary results of the Department received no comments on reviews of margins at zero or de administrative review of the our intent to rescind, we find that minimis. While we acknowledge that antidumping duty order on certain rescission of the review concerning the Department’s determinations in the stainless steel butt–weld pipe fittings Liang Feng, Tru–Flow, Censor, and PFP two prior segments of this proceeding from Taiwan. See Certain Stainless Steel is appropriate. Therefore, the are currently in litigation, there is no Butt–Weld Pipe Fittings from Taiwan: Department is rescinding the review final and conclusive judgment from any Preliminary Results of Antidumping with respect to Liang Feng, Tru–Flow, court supporting Ta Chen’s arguments Duty Administrative Review and Notice Censor, and PFP. of Intent to Rescind in Part, and Notice or invalidating the Department’s of Intent Not to Revoke Order in Part, findings in the prior administrative Analysis of Comments Received 74 FR 32532 (July 8, 2009) (‘‘Preliminary reviews. See Preliminary Results at All issues raised in the case brief, as Results’’). The merchandise covered by 32533–34. Accordingly, we determine, well as the Department’s findings, in the order is certain stainless steel butt– pursuant to 19 CFR 351.222(b)(2), that this administrative review are addressed weld pipe fittings from Taiwan as revocation of the order with respect to in the Issues and Decision described in the ‘‘Scope of the Order’’ Ta Chen is not warranted. Memorandum for the Final Results of section of this notice. The period of Scope of the Order Antidumping Duty Administrative review (‘‘POR’’) is June 1, 2007, through Review of Certain Stainless Steel Butt– May 31, 2008. We provided interested The products subject to the order are Weld Pipe Fittings from Taiwan parties an opportunity to comment on certain stainless steel butt–weld pipe (‘‘Decision Memorandum’’), dated our Preliminary Results. Based upon our fittings, whether finished or unfinished, December 7, 2009, which is hereby analysis of the comments received, we under 14 inches inside diameter. adopted by this notice. A list of the made changes to the margin calculation. Certain welded stainless steel butt–weld issues raised and to which we have The final weighted–average dumping pipe fittings (‘‘pipe fittings’’) are used to responded is found in the Decision margin is listed below in the section connect pipe sections in piping systems Memorandum, appended to this notice. titled ‘‘Final Results of Review.’’ where conditions require welded The Decision Memorandum is on file in EFFECTIVE DATE: December 16, 2009. connections. The subject merchandise is the Central Records Unit in room 1117 FOR FURTHER INFORMATION CONTACT: John used where one or more of the following of the main Commerce building, and Drury or Angelica Mendoza, AD/CVD conditions is a factor in designing the can also be accessed directly on the Web Operations, Office 7, Import piping system: (1) Corrosion of the at http://ia.ita.doc.gov. The paper copy Administration, International Trade piping system will occur if material and electronic version of the public Administration, U.S. Department of other than stainless steel is used; (2) version of the Decision Memorandum Commerce, 14th Street and Constitution contamination of the material in the are identical in content. Avenue, NW, Washington, DC 20230; system by the system itself must be telephone: (202) 482–0195 or (202) 482– prevented; (3) high temperatures are Final Results of Review 3019, respectively. present; (4) extreme low temperatures As a result of our review, we SUPPLEMENTARY INFORMATION: are present; and (5) high pressures are determine that the following weighted– contained within the system. Pipe average margin exists for the period Background fittings come in a variety of shapes, with June 1, 2007, through May 31, 2008: The Department’s preliminary results the following five shapes the most basic: ‘‘elbows,’’ ‘‘tees,’’ ‘‘reducers,’’ ‘‘stub of review were published on July 8, Manufacturer Weighted–Average 2009. See Preliminary Results. We ends,’’ and ‘‘caps.’’ The edges of Margin invited parties to comment on the finished pipe fittings are beveled. Preliminary Results. We received a case Threaded, grooved, and bolted fittings Ta Chen Stainless Pipe Co., Ltd ...... 0.82 percent brief from the sole respondent, Ta Chen are excluded from the order. The pipe Stainless Pipe Co., Ltd. (‘‘Ta Chen’s fittings subject to the order are Brief’’) on August 10, 2009. We did not classifiable under subheading Assessment Rates receive any case or rebuttal briefs from 7307.23.00 of the Harmonized Tariff The Department will determine, and petitioners Flowline Division of Schedule of the United States U.S. Customs and Border Protection Markovitz Enterprises, Inc., Shaw Alloy (‘‘HTSUS’’). Although the HTSUS (‘‘CBP’’) shall assess, antidumping Piping Products, Inc., Core Pipe subheading is provided for convenience duties on all appropriate entries, (formerly known as Gerlin, Inc.) and and customs purposes, our written pursuant to section 751(a)(1)(B) of the Taylor Forge Stainless, Inc. description of the scope of the order is Tariff Act of 1930, as amended (‘‘the

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66621

Act’’), and 19 CFR 351.212(b). The fair–value investigation, but the U.S. DEPARTMENT OF COMMERCE Department calculated importer– producer is, the cash deposit rate will be specific duty assessment rates on the that established for the most recent Foreign–Trade Zones Board basis of the ratio of the total amount of period for the producer of the Docket 54–2009 antidumping duties calculated for the merchandise; and (4) the cash deposit examined sales to the total entered rate for all other producers or exporters Foreign–Trade Zone 238 Dublin, value of the examined sales for that will be 51.01 percent, the all–others rate Virginia, Application for Subzone, VF importer. Where the assessment rate is established in the less–than-fair–value Corporation (Apparel, Footwear, and above de minimis, we will instruct CBP investigation. These deposit Luggage Distribution), Martinsville, to assess duties on all entries of subject requirements shall remain in effect until Virginia merchandise manufactured or exported further notice. by Ta Chen. Antidumping duties for the An application has been submitted to rescinded companies, Liang Feng, Tru– Notification to Interested Parties the Foreign–Trade Zones Board (the Board) by the New River Economic Flow, Censor, and PFP, shall be This notice also serves as a final assessed at rates equal to the cash Development Alliance, Inc., grantee of reminder to importers of their FTZ 238, requesting special–purpose deposit of estimated antidumping duties responsibility under 19 CFR 351.402(f) required at the time of entry, or subzone status for the apparel, footwear, to file a certificate regarding the and luggage warehousing and withdrawal from warehouse, for reimbursement of antidumping duties consumption, in accordance with 19 distribution facilities of VF Corporation prior to liquidation of the relevant (VFC), located in Martinsville, Virginia. CFR 351.212(c)(1)(i). The Department entries during this review period. intends to issue appropriate assessment The application was submitted pursuant Failure to comply with this requirement to the provisions of the Foreign–Trade instructions to CBP 15 days after the could result in the Secretary’s date of publication of these final results Zones Act, as amended (19 U.S.C. 81a– presumption that reimbursement of 81u), and the regulations of the Board of review. antidumping duties occurred, and in the The Department clarified its (15 CFR part 400). It was formally filed subsequent assessment of double ‘‘automatic assessment’’ regulation on on December 2, 2009. antidumping duties. May 6, 2003. See Antidumping and The VFC facilities consist of two sites Countervailing Duty Proceedings: Notification Regarding Administrative (183 employees): Site 1 - warehouse/ Assessment of Antidumping Duties, 68 Protective Orders distribution center (466,700 sq.ft./60.1 FR 23954 (May 6, 2003). This acres/168 employees) located at 500 clarification applies to POR entries of This notice also is the only reminder Nautica Way, Martinsville; Site 2 - subject merchandise produced by to parties subject to administrative warehouse/distribution center (891,913 companies examined in this review (i.e., protective order (‘‘APO’’) of their sq.ft./117.6 acres/15 employees) located companies for which a dumping margin responsibility concerning the return or at 3375 Joseph Martin Highway, was calculated) where the companies destruction of proprietary information Martinsville, Virginia. The facilities are did not know that their merchandise disclosed under APO in accordance used for warehousing and distribution was destined for the United States. In with 19 CFR 351.305(a)(3). Timely of foreign–origin apparel, footwear, and such instances, we will instruct CBP to written notification of the return/ luggage for the U.S. market and export. liquidate unreviewed entries at the all– destruction of APO materials or FTZ procedures would be utilized to others rate if there is no rate for the conversion to judicial protective order is support VFC’s U.S.-based value–added intermediate company(ies) involved in hereby requested. Failure to comply and distribution activity. Finished the transaction. For a full discussion of with the regulations and the terms of an products to be admitted to the proposed this clarification, see Antidumping and APO is a sanctionable violation. subzone for distribution would include Countervailing Duty Proceedings: We are issuing and publishing these men’s, boys’, women’s and girls’ Assessment of Antidumping Duties, 68 results and notice in accordance with footwear, coats, suits, jackets, trousers, FR 23954 (May 6, 2003). sections 751(a)(1) and 777(i)(1) of the pants, blouses, shirts, tops, jumpers, Act. gowns, underwear, hosiery, sleepwear, Cash Deposit Requirements robes, athletic wear, neckties, hats, The following cash deposit Dated: December 7, 2009. scarves, shawls, mufflers, gloves/ requirements will be effective upon Carole A. Showers, mittens, infants’ apparel, luggage, hand publication of the final results of this Acting Deputy Assistant Secretary for Import bags, attaches, backpacks, and administrative review for all shipments Administration. packaging materials. The applicant is of certain stainless steel butt–weld pipe APPENDIX not seeking manufacturing or processing fittings from Taiwan entered, or authority with this request. withdrawn from warehouse, for Issues in Decision Memorandum FTZ procedures could exempt VFC consumption on or after the publication 1. Purchased Fittings from customs duty payments on foreign date of these final results, as provided products that are exported (about 1% of by section 751(a) of the Act: (1) for the 2. Calculation of General and shipments). On domestic sales, duty company covered by this review, the Administrative (‘‘G&A’’) Expenses payments would be deferred until the cash deposit rate will be the rate listed 3. Ta Chen’s Raw Material and foreign merchandise is shipped from the above; (2) for merchandise exported by Conversion Cost Variances facility and entered for U.S. producers or exporters not covered in 4. Constructed Export Price (‘‘CEP’’) consumption. FTZ designation would this review but covered in the less–than- Offset further allow VFC to realize logistical fair–value investigation or a prior benefits through the use of weekly review, the cash deposit rate will customs entry procedures. The continue to be the company–specific 5. Basis of Dumping Margin Calculation application indicates that the savings rate from the most recent review; (3) if 6. Calculation of CEP Profit Ratio from FTZ procedures would help the exporter is not a firm covered in this [FR Doc. E9–29928 Filed 12–15–09; 8:45 am] improve the facilities’ international review, a prior review, or the less–than- BILLING CODE 3510–DS–S competitiveness.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66622 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

In accordance with the Board’s ADDRESSES: You may submit comments, and Puerto Rico. The Commission has regulations, Pierre Duy of the FTZ Staff identified by Docket No. CPSC–2009– expanded its investigation to include is designated examiner to evaluate and 0105, by any of the following methods: both imported and domestically analyze the facts and information manufactured drywall. Electronic Submissions presented in the application and case Problems described in these reports Submit electronic comments in the record and to report findings and include odor, health effects and following way: recommendations to the Board. corrosion effects on certain metal Public comment is invited from Federal eRulemaking Portal: http:// www.regulations.gov. components in the home. The most interested parties. Submissions (original frequently reported health symptoms and 3 copies) shall be addressed to the Follow the instructions for submitting are irritated and itchy eyes and skin, Board’s Executive Secretary at the comments. difficulty in breathing, persistent cough, following address: Office of the To ensure timely processing of bloody noses, recurrent headaches, Executive Secretary, Room 2111, U.S. comments, the Commission is no longer sinus infection, and asthma attacks. Department of Commerce, 1401 accepting comments submitted by Many reports indicate that the Constitution Avenue, NW, Washington, electronic mail (e-mail) except through symptoms lessen when the consumer is DC 20230–0002. The closing period for www.regulations.gov. away from home. As for corrosion- receipt of comments is February 16, Written Submissions related effects, consumers have reported 2010. Rebuttal comments in response to blackened and corroded metals and material submitted during the foregoing Submit written submissions in the electrical wiring in their homes and period may be submitted during the following way: failures of such equipment as evaporator subsequent 15-day period to March 1, Mail/Hand Delivery/Courier (for coils of central air conditioners. There 2010. paper, disk, or CD–ROM submissions), A copy of the application will be preferably in five copies, to: Office of have also been reports of failures of available for public inspection at the the Secretary, Consumer Product Safety appliances such as refrigerators and Office of the Foreign–Trade Zones Commission, Room 502, 4330 East West dishwashers, and of electronic devices Board’s Executive Secretary at the Highway, Bethesda, MD 20814; such as televisions and video game address listed above and in the telephone (301) 504–7923. systems. ‘‘Reading Room’’ section of the Board’s Instructions: All submissions received CPSC is investigating the health website, which is accessible via must include the agency name and effects and the potential electrical and www.trade.gov/ftz. For further docket number for this rulemaking. All fire safety issues stemming from the information, contact Pierre Duy at comments received may be posted corrosion of metal equipment and [email protected] or (202) 482– without change, including any personal components. CPSC is working with a 1378. identifiers, contact information, or other number of state and federal partners in personal information provided, to Dated: December 3, 2009. this investigation including the U.S. http://www.regulations.gov. Do not Environmental Protection Agency, U.S. Andrew McGilvray, submit confidential business Department of Housing and Urban Executive Secretary. information, trade secret information, or Development, Centers for Disease [FR Doc. E9–29906 Filed 12–15–09; 8:45 am] other sensitive or protected information Control, Agency for Toxic Substance BILLING CODE 3510–DS–S electronically. Such information should and Disease Registry and several state be submitted in writing. departments of health and state Docket: For access to the docket to attorneys general. In the course of this CONSUMER PRODUCT SAFETY read background documents or investigation, Commission staff has COMMISSION comments received, go to http:// visited several U.S. and Chinese drywall www.regulations.gov. manufacturing facilities and mines. Identifying Labels for Drywall Under FOR FURTHER INFORMATION CONTACT: CPSC staff is analyzing information Section 14(c) of the Consumer Product Dean W. Woodard, Director, Defect received from consumers, builders, Safety Act; Notice of Inquiry; Request Investigations Division, Office of importers, manufacturers and suppliers for Comments and Information Compliance and Field Operations, U.S. of drywall to better determine the scope AGENCY: Consumer Product Safety Consumer Product Safety Commission, of the drywall problem. CPSC and its Commission. 4330 East West Highway, Bethesda, MD state and federal partners are conducting a number of technical ACTION: Notice of inquiry. 20814; telephone (301) 504–7651; [email protected]. studies to determine connections between the emissions from drywall and SUMMARY: Section 14(c) of the Consumer SUPPLEMENTARY INFORMATION: Product Safety Act authorizes the the reported health and corrosive Consumer Product Safety Commission A. Background effects. (‘‘Commission’’ or ‘‘CPSC’’) to require, Since December of 2008, the CPSC’s investigation indicates that it through rulemaking, labels for a Commission has been receiving reports is often difficult to determine the consumer product that would identify of various problems related to drywall manufacturer and origin of drywall in the date and place of manufacture of the primarily imported from the People’s homes. As further discussed in the next product, cohort information (batch, run Republic of China. The first reports section, the investigation also indicates number, or other identifying came primarily from Florida and were that there can be a good deal of characteristic), and the manufacturer of related to the building boom and post- variability in drywall depending on its the product. 15 U.S.C. 2063(c). This hurricane construction. As reports type and origin. Being able to identify notice requests comments and continued to come in, it became the manufacturer and origin of drywall information about such a rulemaking apparent that the drywall issue was could aid in investigating complaints with regard to drywall. more widespread. Currently, CPSC has related to drywall and narrow the scope DATES: Written comments must be received over 2000 incident reports of any investigation or necessary received by February 16, 2010. from 32 States, the District of Columbia remedial action in the future.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66623

B. The Product moves down a conveyer line, the manufacturer or private labeler. 15 Drywall, sometimes also called mixture hardens. The paper becomes U.S.C. 2063(c). gypsum board, plasterboard or bonded to the solid slurry mix. The Section 14(c) allows the Commission, wallboard, is a kraft paper liner board is then cut to requested lengths where practicable, to require that the wrapped around a plaster mix and conveyed through dryers to remove identifying labels be permanently consisting primarily of gypsum. There any free moisture. The lengths and marked or affixed to the product. Id. are essentially two types of gypsum: thickness of the board vary depending Such an identifying permanent mark Mined gypsum; and synthetic gypsum. on the typical building code or usage would be consistent with section 103 of These two types are sometimes requirements. the Consumer Product Safety combined. At a certain point along the conveyer Improvement Act, entitled ‘‘Tracking Mined gypsum is found in line, most domestic manufacturers mark Labels for Children’s Products,’’ which sedimentary rock formations among the board with a stamp which may requires ‘‘permanent distinguishing limestone, shale, marl and clay. include the company name, logo, brand marks’’ stating certain identifying Characteristics of the mined gypsum can name, plant location, production date, information on children’s products and vary depending on the geology in the and time. However, this practice is not their packaging. Section 14(c) of the region where it is mined or quarried. standard for every drywall manufacturer CPSA also authorizes the Commission Nearby sulfur deposits and marine in the global marketplace. to permit information about the date conditions may affect the quality of the and place of manufacture and cohort C. Need for Better Identification of information to be coded. 15 U.S.C. gypsum. Drywall Synthetic gypsum is an alternative to 2063(c). natural mined gypsum. It is a byproduct CPSC’s investigation has shown that The Commission is considering a generated from flue gas desulfurization building supply companies often stock rulemaking that would require (‘‘FGD’’) in fossil-fueled power plants. drywall based on purpose, type, length manufacturers of drywall to label/mark There can be variability in gypsum and thickness, rather than brand name. their products to identify (1) The name depending on where it is mined and the Therefore, various drywall brands could of the manufacturer; (2) the plant name manufacturing process employed. be sold to fill a single construction and location; (3) the source material Gypsum mined in some areas may have project order. Since construction (i.e., natural gypsum, synthetic gypsum higher levels of sulfur, strontium, customers generally do not inventory or a mixture); (4) a code to identify the carbonate, or pyrite; some of these drywall based on brand or country of mine or power plant that supplied the chemicals could affect drywall’s origin it makes identifying the source/ gypsum; (5) the date of manufacture of behavior in homes. Similarly, some flue manufacturer of the drywall difficult the drywall; and (6) the batch or lot gas sources may have higher or lower once the product is installed. number. concentrations of these and other In the course of its investigation, The Commission requests comments compounds. CPSC staff has found that drywall often on such a requirement and on the There are eight domestic drywall lacks any marks on its face or backing specific issues mentioned in the manufacturers in the United States, with identifying the manufacturer or the following section. If the Commission plants spread throughout the country production batch or lot. Identifying were to initiate such a rulemaking, it and North America. Two domestic markings on the drywall could help would do so with the issuance of a manufacturers are ranked among the top consumers and investigators to isolate notice of proposed rulemaking. five drywall producers in the global the source of drywall problems in the E. Request for Comments market. In 2008, the United States future. Being able to identify the brand drywall production totaled an estimated and lot or batch could further narrow The Commission requests comments 26.4 billion square feet. In 2006, the the focus of an investigation to discrete on the possibility of initiating a total domestic production of 35.0 billion sets of drywall. The majority of rulemaking proceeding to require square feet was not enough to meet imported drywall has little or no identifying labels on drywall. demand that year. As a result, parties markings at all on its face. Most Specifically, the Commission requests found themselves importing drywall domestic drywall has markings that comments and information on the from China and other countries to meet identify the manufacturer. Any following specific issues: construction needs. In 2006, markings that are present on domestic 1. What labeling or markings are approximately 218,100 metric tons of or imported drywall whether on the companies currently providing on drywall was imported from China. board or tape are inconsistent as to both drywall? The drywall manufacturing process is content and placement. Most drywall is 2. What would be the cost impact if rather standard throughout the industry. sealed on the ends with tape that the Commission were to require To make drywall, the raw gypsum displays a brand name or identifying labels/markings of the type (whether mined, FGD or a combination) manufacturer’s name. During the discussed in this notice on drywall? is dehydrated (sometimes called installation process, however, that tape 3. What, if any, other identifying ‘‘calcined’’), typically with natural gas. is often removed. information should be required? A slurry is made consisting of gypsum 4. Should there be a uniform format D. Statutory Authority and additives such as fiber (typically for the labels/markings, and if so, what paper and/or fiberglass), plasticizer, Section 14(c) of the CPSA authorizes should it be? foaming agent, potash as an accelerator, the Commission to issue a rule requiring 5. How can CPSC assure that the water, ethylenediaminetetra acetic acid labels (and prescribing their form and identifying label/marking is accessible or other chelate as a retarder. The content) containing source information, after the drywall is installed? additives are based on whether the such as date and place of manufacture 6. What would the impact be on drywall is to be standard, fire resistant, of a consumer product, cohort industry of requiring identifying or mildew or water resistant. The slurry information (including batch, run information to be printed on both faces is fed between continuous layers of number or other identifying of the drywall in two horizontal ribbons paper on a board machine. As the board characteristic), and identification of the parallel to the longitudinal axis with a

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66624 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

frequency that is a non-integer of 16 Dated: December 10, 2009. 5. Between August 2000 and August inches? Todd A. Stevenson, 2007, Excelligence imported into the 7. If the Commission were to define Secretary. United States about 13,000 units of ‘drywall’ for tracking labels, or other ‘‘Giant Grow’’ measuring charts, each purposes, what should such a definition United States of America Consumer consisting of a giant yellow ruler-shaped include? Product Safety Commission plastic chart for measuring a child’s 8. With what specificity should CPSC Docket No. 10–C0001 growth with a picture of a bean stalk drywall manufacturers identify the ‘date painted on it from top to bottom In the Matter of: Excelligence Learning of manufacture,’ and why? (‘‘Chart(s)’’). The Charts were, in turn, Corporation d/b/a Discount School offered for sale or sold to schools, Dated: December 9, 2009. Supply childcare centers, and other Todd Stevenson, Settlement Agreement organizations, and directly to Secretary, U.S. Consumer Product Safety consumers, from August 2000 through Commission. 1. In accordance with 16 CFR 1118.20, August 2007 for about $10 per unit, via [FR Doc. E9–29946 Filed 12–15–09; 8:45 am] Excelligence Learning Corporation, d/b/ Discount School Supply catalogs and BILLING CODE 6355–01–P a Discount School Supply the company’s Web site. (‘‘Excelligence’’) and the staff (‘‘Staff’’) 6. During June 2007, Excelligence of the United States Consumer Product imported into the United States about CONSUMER PRODUCT SAFETY Safety Commission (‘‘CPSC’’ or the 60 units of ‘‘Tic Tac Turtle Toss’’ play COMMISSION ‘‘Commission’’) enter into this mats, each consisting of a 50-inch vinyl/ Settlement Agreement (‘‘Agreement’’). polyester play mat that is double-sided, [CPSC Docket No. 10–C0001] The Agreement and the incorporated with a number design on one side and attached Order (‘‘Order’’) settle the a turtle design on the other, the Excelligence Learning Corporation, Staff’s allegations set forth below. ‘‘Discount School Supply’’ name and d/b/a Discount School Supply, logo printed in the corner on both sides, Provisional Acceptance of a Parties and numbers and designs painted in Settlement Agreement and Order 2. The Commission is an independent red, blue, green and black over a yellow federal regulatory agency established background (‘‘Mat(s)’’). The Mats were, AGENCY: Consumer Product Safety pursuant to, and responsible for the in turn, offered for sale or sold to Commission. enforcement of, the Consumer Product schools, childcare centers, and other ACTION: Notice. Safety Act, 15 U.S.C. 2051–2089 organizations, and directly to (‘‘CPSA’’). consumers, from June 2007 through September 2007 for about $40 per unit, SUMMARY: It is the policy of the 3. Excelligence is a corporation via Discount School Supply catalogs Commission to publish settlements organized and existing under the laws of and the company’s Web site. which it provisionally accepts under the Delaware, with its principal offices Consumer Product Safety Act in the 7. The Brushes, Charts and Mats are located in Monterey, California. At all ‘‘consumer product(s),’’ and, at all times Federal Register in accordance with the times relevant hereto, Excelligence terms of 16 CFR 1118.20(e). Published relevant hereto, Excelligence was a imported and/or sold educational toys ‘‘manufacturer’’ and/or a ‘‘retailer’’ of below is a provisionally-accepted and school products. Settlement Agreement with Excelligence those consumer product(s), which were Learning Corporation, d/b/a/Discount Staff Allegations ‘‘distributed in commerce,’’ as those terms are defined in CPSA sections School Supply, containing a civil 4. Between May 2004 and May 2007, penalty of $25,000.00. 3(a)(3), (5), (8), (11), and (13), 15 U.S.C. Excelligence imported into the United 2052(a)(3), (5), (8), (11), and (13). DATES: Any interested person may ask States about 20,000 units of certain 8. The Brushes, Charts and Mats are the Commission not to accept this ‘‘shaving-style’’ paint brushes, each articles intended to be entrusted to or agreement or otherwise comment on its about 4-inches long, with handles that for use by children, and, therefore, are contents by filing a written request with are painted blue, purple, orange, yellow, subject to the requirements of the the Office of the Secretary by December lime green, or pink, and the item Commission’s Ban of Lead-Containing 31, 2009. number #SHVBRSH printed on the Paint and Certain Consumer Products ADDRESSES: Persons wishing to product’s packaging (‘‘Brush(es)’’). The Bearing Lead-Containing Paint, 16 comment on this Settlement Agreement Brushes were sold as a set of six C.F.R. Part 1303 (the ‘‘Ban’’). Under the should send written comments to the consisting of a variety of the Ban, toys and other children’s articles Comment 10–C0001, Office of the aforementioned colors, and also sold as must not bear ‘‘lead-containing paint,’’ part of the ‘‘BioColor® Foam Paint defined as paint or other surface coating Secretary, Consumer Product Safety ® Commission, 4330 East West Highway, Starter Kit’’ and ‘‘Colorations Foam materials whose lead content is more Room 502, Bethesda, Maryland 20814– Paint Starter Kit.’’ The Brushes were, in than 0.06 percent of the weight of the 4408. turn, offered for sale or sold to schools, total nonvolatile content of the paint or childcare centers, and other the weight of the dried paint film. 16 FOR FURTHER INFORMATION CONTACT: M. organizations, and directly to CFR 1303.2(b)(1) Reza Malihi, Trial Attorney, Division of consumers, via Discount School Supply 9. On August 20, 2007, Excelligence Compliance, Office of the General catalogs and the company’s Web site, as reportedly received ‘‘preliminary’’ test Counsel, Consumer Product Safety follows: Sets were sold from May 2004 results from an independent laboratory Commission, 4330 East West Highway, through August 2007 for about $5 per indicating the presence of excessive Bethesda, Maryland 20814–4408; unit; the BioColor® kits were sold from lead levels in surface coatings of tested telephone (301) 504–7733. May 2004 through June 2006 for about Brush handles. Ten days later, on SUPPLEMENTARY INFORMATION: The text of $60 per kit; and the Colorations® kits August 30, 2007, Excelligence reported the Agreement and Order appears were sold from July 2006 through to CPSC that it had commissioned an below. August 2007 for about $60 per kit. independent laboratory to conduct

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66625

further testing for the presence of lead 12. On November 21, 2007, the 19. The parties enter into the in surface coatings on additional Brush Commission and Excelligence Agreement for settlement purposes only. samples. As expressed in two test announced a consumer-level recall of The Agreement does not constitute an reports of the same date, the about 20,000 units of the Brushes admission by Excelligence, or a confirmatory testing demonstrated that because ‘‘Surface paint on the brush determination by the Commission, that the green, yellow and orange paints on handles can contain excessive levels of Excelligence has knowingly violated the handles of a Brush set each contained a lead, violating the federal lead paint CPSA. total lead content of more than 10,000 standard.’’ On December 19, 2007, the 20. In settlement of the Staff’s parts per million (ppm); and that the Commission and Excelligence allegations, Excelligence shall pay a green, yellow and orange paints of announced a recall of about 13,000 units civil penalty in the amount of twenty another Brush set each contained a total of the Charts because ‘‘The paint on the five thousand dollars ($25,000.00) lead content of more than 10,000 ppm. grow chart contains excess levels of within twenty (20) calendar days of These levels of lead are in excess of the lead, violating the federal lead paint service of the Commission’s final Order permissible 0.06 percent limit set forth standard.’’ The next month, on January accepting the Agreement. This payment in the Ban. 16, 2008, the Commission and shall be made by check payable to the 10. On August 29, 2007, Excelligence Excelligence likewise announced a order of the United States Treasury. reported to CPSC that it had received recall of about 60 units of the Mats 21. Upon the Commission’s ‘‘preliminary’’ test results showing that because ‘‘The paint on the Tic Tac provisional acceptance of the surface paint on the Charts had Turtle Toss mats contains excess levels Agreement, the Agreement shall be excessive levels of lead, but indicated of lead, violating the federal lead paint placed on the public record and that it was in the process of obtaining standard.’’ published in the Federal Register in further results to determine the scope of 13. Although Excelligence reported no accordance with the procedures set affected units. On October 25, 2007, incidents or injuries associated with the forth in 16 CFR 1118.20(e). In Excelligence reported to CPSC that it Brushes, Charts and Mats, it failed to accordance with 16 CFR 1118.20(f), if the Commission does not receive any had commissioned an independent take adequate action to ensure that none written request not to accept the laboratory to conduct confirmatory would bear or contain lead-containing Agreement within fifteen (15) days, the testing for the presence of lead in paint, thereby creating a risk of lead Agreement shall be deemed finally surface coatings on additional Chart poisoning and adverse health effects to accepted on the sixteenth (16th) day samples, and determined that product children. units received by customers in 2002 and after the date it is published in the 14. The Brushes, Charts and Mats in 2005 failed to comply with the Ban. Federal Register. constitute ‘‘banned hazardous products’’ As expressed in two test reports dated 22. Upon the Commission’s final under CPSA section 8 and the Ban, 15 October 12, 2007, the testing of a Chart acceptance of the Agreement and U.S.C. 2057 and 16 CFR 1303.1(a)(1), sample manufactured in 2005 issuance of the final Order, Excelligence 1303.4(b), in that they bear or contain demonstrated that the ‘‘Black Coating on knowingly, voluntarily, and completely Plastic Sheet (Scale)’’ contained a total paint or other surface coating materials waives any rights it may have in this lead content of more than 0.390 percent, whose lead content exceeds the matter to the following: (1) An and the ‘‘Coatings (Green & White) on permissible limit of 0.06 percent of the administrative or judicial hearing; (2) Plastic Sheet (Tree)’’ contained a total weight of the total nonvolatile content judicial review or other challenge or lead content of more than 0.204 percent; of the paint or the weight of the dried contest of the validity of the and testing of a Chart sample paint film. Commission’s Order or actions; (3) a manufactured in 2002 demonstrated 15. Between August 2000 and determination by the Commission of that corresponding paints contained a September 2007, Excelligence sold, whether Excelligence failed to comply total lead content of more than 0.260 manufactured for sale, offered for sale, with the CPSA and its underlying percent, and more than 0.262 percent, distributed in commerce, or imported regulations; (4) a statement of findings respectively. These levels of lead are in into the United States, or caused one or of fact and conclusions of law; and (5) excess of the permissible 0.06 percent more of such acts, with respect to the any claims under the Equal Access to limit set forth in the Ban. aforesaid banned hazardous Brushes, Justice Act. 11. After learning on September 17, Charts and Mats, in violation of section 23. The Commission may publicize 2007 that ‘‘preliminary’’ test results on 19(a)(1) of the CPSA, 15 U.S.C. the terms of the Agreement and Order. a pre-production run of the Mats had 2068(a)(1). Excelligence committed 24. The Agreement and Order shall indicated the presence of excessive lead these prohibited acts ‘‘knowingly,’’ as apply to, and be binding upon, levels in surface coatings, Excelligence that term is defined in section 20(d) of Excelligence and each of its successors sent production samples of Mats from the CPSA, 15 U.S.C. 2069(d). and assigns. current warehouse inventory for further 16. Pursuant to section 20 of the 25. The Commission issues the Order testing by an independent laboratory. CPSA, 15 U.S.C. § 2069, Excelligence is under the provisions of the CPSA, and On October 24, 2007, Excelligence subject to civil penalties for the violation of the Order may subject reported to CPSC that confirmatory aforementioned violations. Excelligence to appropriate legal action. testing by the laboratory testing for lead 26. The Agreement may be used in Excelligence Response in surface coatings on the additional interpreting the Order. Understandings, Mat samples, whose results were set 17. Excelligence denies the Staff’s agreements, representations, or forth in an October 15, 2007 test report, allegations set forth above that interpretations apart from those demonstrated that the blue, red, yellow, Excelligence knowingly violated the contained in the Agreement and Order black and green surface coatings of the CPSA. may not be used to vary or contradict its plastic patterns contained a total lead terms. The Agreement shall not be Agreement of the Parties content from 4,440 ppm to 9,110 ppm. waived, amended, modified, or These levels of lead are in excess of the 18. Under the CPSA, the Commission otherwise altered, except in a writing permissible 0.06 percent limit set forth has jurisdiction over this matter and that is executed by the party against in the Ban. over Excelligence. whom such waiver, amendment,

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66626 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

modification, or alteration is sought to Ordered, that the Settlement SUPPLEMENTARY INFORMATION: be enforced. Agreement be, and hereby is, accepted; Agenda 26. If any provision of the Agreement and it is Further ordered, that and Order is held to be illegal, invalid, Excelligence shall pay a civil penalty in The Committee will meet to review or unenforceable under present or future the amount of twenty five thousand planned changes and progress in laws effective during the terms of the dollars ($25,000.00) within twenty (20) developing computerized and paper- Agreement and Order, such provision calendar days of service of the and-pencil enlistment tests. The agenda shall be fully severable. The balance of Commission’s final Order accepting the includes an overview of current the Agreement and Order shall remain Agreement. The payment shall be made enlistment test development timelines in full force and effect, unless the by check payable to the order of the and planned research for the next three Commission and Excelligence agree that United States Treasury. Upon the failure years. severing the provision materially affects of Excelligence to make the foregoing the purpose of the Agreement and payment when due, interest on the Public’s Accessibility to the Meeting Order. unpaid amount shall accrue and be paid Pursuant to 5 U.S.C. 552b and 41 CFR Excelligence Learning Corporation by Excelligence at the federal legal rate 102–3.140 through 102–3.165, and the Dated: 10–28–08 of interest set forth at 28 U.S.C. 1961(a) availability of space, this meeting is and (b). By: open to the public. Provisionally accepted and lllllllllllllllllllll Oral Presentations/Written Statements Kelly Crampton, Chief Executive Officer provisional Order issued on the 4th day Excelligence Learning Corporation of December 2009. Persons desiring to make oral d/b/a Discount School Supply By Order of the Commission: presentations or submit written 2 Lower Ragsdale Drive, Suite 200 lllllllllllllllllllll statements for consideration at the Monterey, CA 93940 Todd A. Stevenson, Secretary Committee meeting must contact Dr. Dated: 10–27–08 U.S. Consumer Product Safety Commission Jane M. Arabian (see FOR FURTHER By: [FR Doc. E9–29943 Filed 12–15–09; 8:45 am] INFORMATION CONTACT) no later than lllllllllllllllllllll January 10, 2010. Jonathan I. Price, Esq. BILLING CODE 6355–01–P Goodwin Procter LLP Dated: December 10, 2009. The New York Times Building Mitchell S. Bryman, 620 Eighth Avenue DEPARTMENT OF DEFENSE Alternate OSD Federal Register Liaison New York, NY 10018–1405 Officer, Department of Defense. Counsel for Excelligence Learning Office of the Secretary [FR Doc. E9–29811 Filed 12–15–09; 8:45 am] Corporation BILLING CODE 5001–06–P U.S. Consumer Product Safety Commission Defense Advisory Committee on Staff Military Personnel Testing; Meeting Cheryl A. Falvey AGENCY: Under Secretary of Defense for DEPARTMENT OF DEFENSE General Counsel Personnel and Readiness, DoD. Office of the General Counsel Office of the Secretary ACTION: Meeting notice. Ronald G. Yelenik TRICARE Over-the-Counter Drug Assistant General Counsel SUMMARY: Under the provisions of the Demonstration Project Division of Compliance Federal Advisory Committee Act of Office of the General Counsel 1972 (5 U.S.C., Appendix, as amended), AGENCY: Office of the Secretary, DoD. Dated: 11–17–09 the Government in the Sunshine Act of By: 1976 (5 U.S.C. 552b, as amended), and ACTION: Notice of modifications and an lllllllllllllllllllll 41 CFR 102–3.150, DoD announces that extension to the TRICARE over-the- M. Reza Malihi, Trial Attorney counter drug demonstration project. Division of Compliance the Defense Advisory Committee on Military Personnel Testing will meet on Office of the General Counsel SUMMARY: This notice is to advise January 21 and 22, 2010, to review interested parties of modifications to United States of America Consumer planned changes and progress in and an extension of the demonstration Product Safety Commission developing computerized and paper- project entitled ‘‘TRICARE Over-the- and-pencil enlistment tests. Subject to CPSC Docket No. 10–C0001 Counter Drug Demonstration Project.’’ the availability of space, the meeting is The original demonstration notice was In the Matter of: Excelligence Learning open to the public. Corporation D/B/A Discount School published on June 15, 2007 (72 FR DATES: The meeting will be held on Supply 33208; FR Doc. E7–11558) and January 21 (from 8:30 a.m. to 4 p.m.) described a demonstration project to Order and January 22, 2010 (from 8:30 a.m. to evaluate the costs/benefits and Upon consideration of the Settlement noon). beneficiary satisfaction of providing Agreement entered into between ADDRESSES: The meeting will be held at OTC drugs under the pharmacy benefits Excelligence Learning Corporation, The EPIC Hotel, 270 Biscayne Blvd., program when the selected OTC drugs d/b/a Discount School Supply Miami, Florida 33131. are determined to be clinically effective. (‘‘Excelligence’’) and the U.S. Consumer FOR FURTHER INFORMATION CONTACT: The demonstration was to be conducted Product Safety Commission Committee’s Designated Federal Officer until the implementation of the (‘‘Commission’’) staff, and the or Point of Contact: Dr. Jane M. Arabian, combined TRICARE mail and retail Commission having jurisdiction over Assistant Director, Accession Policy, contract (TPharm) which will be the subject matter and over Office of the Under Secretary of Defense November 4, 2009. This demonstration Excelligence, and it appearing that the (Personnel and Readiness), Room project will now be modified and Settlement Agreement and Order are in 2B271, The Pentagon, Washington, DC extended for three additional years the public interest, it is 20301–4000, telephone (703) 697–9271. (November 4, 2012).

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66627

DATES: The modification and extension Dated: December 11, 2009. applications may be filed electronically of the demonstration project is effective Mitchell S. Bryman, via the Internet. See 18 CFR from November 4, 2009, to November 4, Alternate OSD Federal Register Liaison 385.2001(a)(1)(iii) and the instructions 2012. Officer, Department of Defense. on the Commission’s Web site (http:// FOR FURTHER INFORMATION CONTACT: [FR Doc. E9–29864 Filed 12–15–09; 8:45 am] www.ferc.gov/docs-filing/ferconline.asp) Colonel Everett McAllister, TRICARE BILLING CODE 5001–06–P under the ‘‘eFiling’’ link. For a simpler Management Activity, Pharmaceutical method of submitting text only Operations Directorate, telephone (703) comments, click on ‘‘Quick Comment.’’ 681–2890. DEPARTMENT OF ENERGY For assistance, please contact FERC Online Support at SUPPLEMENTARY INFORMATION: Federal Energy Regulatory [email protected]; call toll- A. Background Commission free at (866) 208–3676; or, for TTY, contact (202) 502–8659. Although the For additional information on the [Project No. 13596–000] Commission strongly encourages TRICARE Over-the-Counter Drug electronic filing, documents may also be McGinnis, Inc.; Notice of Preliminary Demonstration Project, see 72 FR 33208 paper-filed. To paper-file, mail an Permit Application Accepted for Filing (June 15, 2007). original and eight copies to: Kimberly D. and Soliciting Comments, Motions To Bose, Secretary, Federal Energy B. Description of Modifications to the Intervene, and Competing Applications Demonstration Project Regulatory Commission, 888 First December 10, 2009. Street, NE., Washington, DC 20426. (1) Paragraph B(2) of the original On September 29, 2009, McGinnis, More information about this project, notice at 72 FR 33209 is revised to read Inc. filed an application for a including a copy of the application, can as follows: preliminary permit, pursuant to section be viewed or printed on the ‘‘eLibrary’’ OTC drug availability through the 4(f) of the Federal Power Act, proposing link of Commission’s Web site at demonstration project. Eligible to study the feasibility of the Smithland http://www.ferc.gov/docs-filing/ candidates for the demonstration are Hydrokinetic Project, which would be elibrary.asp. Enter the docket number those who have a prescription for a located downstream of the U.S. Army (P–13596) in the docket number field to prescription item that has an approved Corps of Engineer’s Smithland Lock and access the document. For assistance, OTC drug equivalent, as defined by the Dam on the Ohio River near the town contact FERC Online Support. program. The process used to verify of Hamletsburg, Pope County, Illinois; eligibility will depend upon the Kimberly D. Bose, and town of Smithland, Livingston Secretary. dispensing venue the beneficiary County, Kentucky. The sole purpose of [FR Doc. E9–29916 Filed 12–15–09; 8:45 am] chooses to use. Not all OTC drugs a preliminary permit, if issued, is to eligible for dispensing through this grant the permit holder priority to file BILLING CODE 6717–01–P project will be available at all a license application during the permit dispensing venues. The Pharmacy term. A preliminary permit does not DEPARTMENT OF ENERGY Program Office will communicate OTC authorize the permit holder to perform drug availability through the use of the any land disturbing activities or TRICARE Web site (http:// Federal Energy Regulatory otherwise enter upon lands or waters Commission www.tricare.mil/pharmacy), public owned by others without the owners’ affairs outreach, and through the express permission. [Project No. 13513–000] representative military beneficiary The proposed project would consist of organizations. the following: (2) Paragraph B(4) of the original Lock+ Hydro Friends Fund XXII, LLC; (1) Ten 35-kilowatt turbine generators Notice of Preliminary Permit notice at 72 FR 33209 and 33210 is mounted to a barge anchored in the revised to read as follows: Application Accepted for Filing and Ohio River downstream of the Soliciting Comments, Motions To Cost sharing requirements. Until a Smithland Lock and Dam; (2) an Intervene, and Competing Applications modification to the new pharmacy armored transmission cable extending contract software can occur to accept a from the barge to a small shore December 10, 2009. $0 cost share, beneficiaries will be substation; and (3) an access road On June 12, 2009, Lock+ Hydro charged a non-reimbursable TRICARE needed to access the shore substation. Friends Fund XXII, LLC filed an cost share of $3 identical to that charged The project would have an estimated application for a preliminary permit, for a generic pharmaceutical agent. The annual generation of 1,533,000 kilowatt- pursuant to section 4(f) of the Federal $3 cost share will apply until the earlier hours. Power Act, proposing to study the of January 1, 2010 or the date on which Applicant Contact: Mr. Bruce D. feasibility of the Project Darwin, which systems changes can be made to McGinnis, Sr.; McGinnis, Inc.; P.O. Box would be located at the U.S. Army accommodate processing of the retail 534; 502 Second St. Ext.; South Point, Corps of Engineer’s Cape Fear Lock and network pharmacy and mail order OH 45680; or phone 740–377–4391. Dam No. 1 on the Cape fear River near pharmacy claims with a $0 cost share. FERC Contact: Monte TerHaar at the town of Kings Bluff, Bladen County, (3) Paragraph B(5) of the original [email protected] or phone 202– NC. The sole purpose of a preliminary notice at 72 FR 33210 is revised to read 502–6035. permit, if issued, is to grant the permit as follows: Deadline for filing comments, motions holder priority to file a license Period of demonstration. The to intervene, competing applications application during the permit term. A modification of the demonstration (without notices of intent), or notices of preliminary permit does not authorize project will be effective November 4, intent to file competing applications: 60 the permit holder to perform any land 2009. This demonstration project will be days from the issuance of this notice. disturbing activities or otherwise enter extended for three additional years Comments, motions to intervene, upon lands or waters owned by others (November 4, 2012). notices of intent, and competing without the owners’ express permission.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66628 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

The proposed project would consist of DEPARTMENT OF ENERGY method of submitting text only the following: comments, click on ‘‘Quick Comment.’’ Federal Energy Regulatory (1) Two lock frame modules For assistance, please contact FERC Commission consisting of eighteen 525 kilowatt Online Support at turbines placed in a concrete-lined [Project No. 13516–000] [email protected]; call toll- free at (866) 208–3676; or, for TTY, conduit of unknown dimensions. The Lock+ Hydro Friends Fund XVIII, LLC; contact (202) 502–8659. Although the module would be located adjacent to Notice of Preliminary Permit Commission strongly encourages and east of the Corps dam; and (2) a Application Accepted for Filing and electronic filing, documents may also be proposed 69 kV transmission line Soliciting Comments, Motions To paper-filed. To paper-file, mail an approximately 2.0 miles long extending Intervene, and Competing Applications original and eight copies to: Kimberly D. from the turbine units to an existing Bose, Secretary, Federal Energy distribution line located east of the dam. December 10, 2009. Regulatory Commission, 888 First The 9.45 megawatt project would have On July 16, 2009, Lock+ Hydro Street, NE., Washington, DC 20426. an estimated annual generation of 74 Friends Fund XVIII, LLC filed an More information about this project, gigawatt-hours. application for a preliminary permit, including a copy of the application, can pursuant to section 4(f) of the Federal Applicant Contact: Wayne F. Krouse; be viewed or printed on the ‘‘eLibrary’’ Power Act, proposing to study the Hydro Green Energy, LLC; 5090 link of Commission’s Web site at feasibility of the Project Terrible Towel, http://www.ferc.gov/docs-filing/ Richmond Avenue #390; Houston, TX which would be located at the U.S. 77056; phone: (877) 556–6566 x709. elibrary.asp. Enter the docket number Army Corps of Engineer’s William O. (P–13516) in the docket number field to FERC Contact: Monte TerHaar at Huske Lock and Dam on the Cape fear access the document. For assistance, [email protected] or phone 202– River near the town of Tolar Landing, contact FERC Online Support. 502–6035. Bladen County, NC. The sole purpose of Kimberly D. Bose, Deadline for filing comments, motions a preliminary permit, if issued, is to Secretary. to intervene, competing applications grant the permit holder priority to file a license application during the permit (without notices of intent), or notices of [FR Doc. E9–29919 Filed 12–15–09; 8:45 am] term. A preliminary permit does not intent to file competing applications: 60 BILLING CODE 6717–01–P authorize the permit holder to perform days from the issuance of this notice. any land disturbing activities or Comments, motions to intervene, otherwise enter upon lands or waters DEPARTMENT OF ENERGY notices of intent, and competing owned by others without the owners’ applications may be filed electronically express permission. Federal Energy Regulatory via the Internet. See 18 CFR The proposed project would consist of Commission 385.2001(a)(1)(iii) and the instructions the following: [Project No. 13517–000] on the Commission’s Web site (http:// (1) Two lock frame modules www.ferc.gov/docs-filing/ferconline.asp) consisting of eighteen 525 kilowatt Lock+ Hydro Friends Fund XXIV, LLC; under the ‘‘eFiling’’ link. For a simple turbines placed in a concrete-lined Notice of Preliminary Permit method of submitting text only conduit of unknown dimensions. The Application Accepted for Filing and comments, click on ‘‘Quick Comment.’’ module would be located adjacent to Soliciting Comments, Motions To For assistance, please contact FERC and east of the Corps dam; and (2) a Intervene, and Competing Applications Online Support at proposed 69 kV transmission line [email protected]; call toll- approximately 1.1 miles long extending December 10, 2009. free at (866) 208–3676; or, for TTY, from the turbine units, crossing the On July 16, 2009, Lock+ Hydro Friends Fund XXIV, LLC filed an contact (202) 502–8659. Although the Cape fear River, to an existing application for a preliminary permit, Commission strongly encourages distribution line located west of the dam. The 9.45 megawatt project would pursuant to section 4(f) of the Federal electronic filing, documents may also be Power Act, proposing to study the paper-filed. To paper-file, mail an have an estimated annual generation of 74 gigawatt-hours. feasibility of the Project Transformer, original and eight copies to: Kimberly D. Applicant Contact: Wayne F. Krouse; which would be located at the U.S. Bose, Secretary, Federal Energy Hydro Green Energy, LLC; 5090 Army Corps of Engineer’s Cape Fear Regulatory Commission, 888 First Richmond Avenue #390; Houston, TX River Lock and Dam No. 2 on the Cape Street, NE., Washington, DC 20426. 77056; phone: (877) 556–6566 x709. fear River near the town of More information about this project, FERC Contact: Monte TerHaar at Elizabethtown, Bladen County, NC. The including a copy of the application, can [email protected] or phone 202– sole purpose of a preliminary permit, if be viewed or printed on the ‘‘eLibrary’’ 502–6035. issued, is to grant the permit holder link of Commission’s Web site at http:// Deadline for filing comments, motions priority to file a license application www.ferc.gov/docs-filing/elibrary.asp. to intervene, competing applications during the permit term. A preliminary Enter the docket number (P–13513) in (without notices of intent), or notices of permit does not authorize the permit the docket number field to access the intent to file competing applications: 60 holder to perform any land disturbing document. For assistance, contact FERC days from the issuance of this notice. activities or otherwise enter upon lands Comments, motions to intervene, Online Support. or waters owned by others without the notices of intent, and competing owners’ express permission. Kimberly D. Bose, applications may be filed electronically The proposed project would consist of Secretary. via the Internet. See 18 CFR the following: [FR Doc. E9–29918 Filed 12–15–09; 8:45 am] 385.2001(a)(1)(iii) and the instructions (1) Two lock frame modules on the Commission’s Web site (http:// consisting of eighteen 525 kilowatt BILLING CODE 6717–01–P www.ferc.gov/docs-filing/ferconline.asp) turbines placed in a concrete-lined under the ‘‘eFiling’’ link. For a simpler conduit of unknown dimensions. The

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66629

modules would be located at the DEPARTMENT OF ENERGY comments, click on ‘‘Quick Comment.’’ northeast end of the Corps dam; and (2) For assistance, please contact FERC a proposed 69 kV transmission line Federal Energy Regulatory Online Support at approximately 2.3 miles long extending Commission [email protected]; call toll- from the turbine units, crossing the [Project No. 13519–000] free at (866) 208–3676; or, for TTY, Cape fear River, to an existing contact (202) 502–8659. Although the distribution line located southwest of Lock+ Hydro Friends Fund XIX, LLC; Commission strongly encourages the dam. The 9.45 megawatt project Notice of Preliminary Permit electronic filing, documents may also be would have an estimated annual Application Accepted for Filing and paper-filed. To paper-file, mail an generation of 74 gigawatt-hours. Soliciting Comments, Motions To original and eight copies to: Kimberly D. Intervene, and Competing Applications Bose, Secretary, Federal Energy Applicant Contact: Wayne F. Krouse; Regulatory Commission, 888 First Hydro Green Energy, LLC; 5090 December 10, 2009. Street, NE., Washington, DC 20426. Richmond Avenue #390; Houston, TX On June 18, 2009, Lock+ Hydro More information about this project, 77056; phone: (877) 556–6566 x709. Friends Fund XIX, LLC filed an including a copy of the application, can application for a preliminary permit, FERC Contact: Monte TerHaar at be viewed or printed on the ‘‘eLibrary’’ pursuant to section 4(f) of the Federal link of Commission’s Web site at [email protected] or phone 202– Power Act, proposing to study the 502–6035. http://www.ferc.gov/docs-filing/ feasibility of the Project Steel Curtain, elibrary.asp. Enter the docket number Deadline for filing comments, motions which would be located at the U.S. (P–13519) in the docket number field to to intervene, competing applications Army Corps of Engineer’s Claiborne access the document. For assistance, (without notices of intent), or notices of Lock and Dam on the Alabama River contact FERC Online Support. intent to file competing applications: 60 near the town of Monroeville, Monroe days from the issuance of this notice. County, AL. The sole purpose of a Kimberly D. Bose, Comments, motions to intervene, preliminary permit, if issued, is to grant Secretary. notices of intent, and competing the permit holder priority to file a [FR Doc. E9–29921 Filed 12–15–09; 8:45 am] applications may be filed electronically license application during the permit BILLING CODE 6717–01–P via the Internet. See 18 CFR term. A preliminary permit does not 385.2001(a)(1)(iii) and the instructions authorize the permit holder to perform on the Commission’s Web site (http:// any land disturbing activities or DEPARTMENT OF ENERGY www.ferc.gov/docs-filing/ferconline.asp) otherwise enter upon lands or waters owned by others without the owners’ Federal Energy Regulatory under the ‘‘eFiling’’ link. For a simpler Commission method of submitting text only express permission. The proposed project would consist of [Project No. 13579–000] comments, click on ‘‘Quick Comment.’’ the following: For assistance, please contact FERC (1) One lock frame module consisting FFP Qualified Hydro 14, LLC; Notice of Online Support at of nine 2,000 kilowatt turbines placed in Preliminary Permit Application [email protected]; call toll- a concrete-lined conduit of unknown Accepted for Filing and Soliciting free at (866) 208–3676; or, for TTY, dimensions. The module would be Comments, Motions To Intervene, and contact (202) 502–8659. Although the located adjacent to and east of the Corps Competing Applications Commission strongly encourages dam; and (2) a proposed 69 kV electronic filing, documents may also be transmission line approximately 4.0 December 10, 2009. paper-filed. To paper-file, mail an miles long extending from the turbine On September 4, 2009, FFP Qualified original and eight copies to: Kimberly D. units, and crossing the Alabama River to Hydro 14, LLC filed an application, Bose, Secretary, Federal Energy an existing distribution line located pursuant to Section 4(f) of the Federal Regulatory Commission, 888 First southeast of the dam. The 18 megawatt Power Act, proposing to study the Street, NE., Washington, DC 20426. project would have an estimated annual feasibility of the Saylorville Dam Hydroelectric Project No. 13579, to be More information about this project, generation of 15 gigawatt-hours. Applicant Contact: Wayne F. Krouse; located at the Saylorville Dam on the including a copy of the application, can Hydro Green Energy, LLC; 5090 Des Moines River, in Polk County, Iowa. be viewed or printed on the ‘‘eLibrary’’ Richmond Avenue #390; Houston, TX The Saylorville Dam is owned and link of Commission’s Web site at http:// 77056; phone: (877) 556–6566 x709. operated by the U.S. Army Corps of www.ferc.gov/docs-filing/elibrary.asp. FERC Contact: Monte TerHaar at Engineers and includes the existing Enter the docket number (P–13517) in [email protected] or phone 202– reservoir, dam, and outlet works. the docket number field to access the 502–6035. The proposed project would consist document. For assistance, contact FERC Deadline for filing comments, motions of: (1) A new 100-foot-long, 40-foot- Online Support. to intervene, competing applications wide intake structure; (2) a new 2,600- (without notices of intent), or notices of foot-long, 20-foot-diameter penstock; Kimberly D. Bose, intent to file competing applications: 60 (3) two new Kaplan turbine-generator Secretary. days from the issuance of this notice. units with a combined capacity of 11 [FR Doc. E9–29920 Filed 12–15–09; 8:45 am] Comments, motions to intervene, megawatts; (4) a new 100-foot-long, 60- BILLING CODE 6717–01–P notices of intent, and competing foot-wide powerhouse; (5) a tailrace applications may be filed electronically utilizing an existing side channel; (6) a via the Internet. See 18 CFR new 13.8-kilovolt, 7,000-foot-long 385.2001(a)(1)(iii) and the instructions transmission line; (7) a new substation; on the Commission’s Web site (http:// (8) a new 950-foot access road; (9) and www.ferc.gov/docs-filing/ferconline.asp) appurtenant facilities. The project under the ‘‘eFiling’’ link. For a simple would have an estimated annual method of submitting text only generation of 55,000 megawatt-hours.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66630 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

Applicant Contact: Ramya license application during the permit DEPARTMENT OF ENERGY Swaminathan, FFP Qualified Hydro 14 term. A preliminary permit does not LLC, 33 Commercial Street, Gloucester, authorize the permit holder to perform Federal Energy Regulatory MA 01930, (978) 226–1531. any land disturbing activities or Commission FERC Contact: Brandon Cherry, (202) otherwise enter upon lands or waters [Project No. 13592–000] 502–8328. owned by others without the owners’ Deadline for filing comments, motions express permission. McGinnis, Inc.; Notice of Preliminary to intervene, competing applications The existing Deer Creek Dam is Permit Application Accepted for Filing (without notices of intent), or notices of owned and operated by the U.S. Corps and Soliciting Comments, Motions To intent to file competing application: 60 of Engineers, and includes the existing Intervene, and Competing Applications days from the issuance of this notice. reservoir, dam, outlet works, and Comments, motions to intervene, tailrace. The proposed project would December 10, 2009. notices of intent, and competing consist of: (1) A new 30-foot-long by 30- On September 29, 2009, McGinnis, applications may be filed electronically foot-wide powerhouse to be located on Inc. filed an application, pursuant to section 4(f) of the Federal Power Act, via the Internet. See 18 CFR the downstream side of Deer Creek Dam proposing to study the feasibility of the 385.2001(a)(1)(iii) and the instructions below the outlet works; (2) two 50-foot- Hannibal Hydrokinetic Project No. on the Commission’s Web site under the long, 48-inch-diameter penstocks; (3) 13592, to be located on the Ohio River, ‘‘eFiling’’ link. If unable to be filed two new turbine generator units for a in Monroe County, Ohio and Wetzel electronically, documents may be paper- total installed capacity of 9.15 County, West Virginia. filed. To paper-file, an original and eight megawatts; (4) a new 400-foot-long, copies should be mailed to: Kimberly D. The proposed Hannibal Hydrokinetic 14.7-kilovolt transmission line; and (5) Project would be located just Bose, Secretary, Federal Energy appurtenant facilities. The proposed Regulatory Commission, 888 First downstream of the U.S. Army Corps of project would operate in run-of-river Engineers Hannibal Lock and Dam in an Street, NE., Washington, DC 20426. For mode and generate an estimated average more information on how to submit area of the Ohio River approximately annual generation of 34,057 megawatt- 6,200 feet long and 1,000 feet wide and these types of filings please go to the hours. Commission’s Web site located at would consist of: (1) A single barge Applicant Contact: Randall J. Smith, suspending approximately 10 axial-flow http://www.ferc.gov/filing- Muskingum Valley Hydro, 4950 comments.asp. turbine generators into the river with a Frazeysburg Road, Zanesville, Ohio total installed capacity of 350 kilowatts, More information about this project 43701, (740) 891–5424. can be viewed or printed on the (2) a new approximately 2,300-foot-long, FERC Contact: Michael Watts, (202) 13.2-kilovolt transmission line; and (3) ‘‘eLibrary’’ link of Commission’s Web 502–6123. site at http://www.ferc.gov/docs-filing/ appurtenant facilities. The project Deadline for filing comments, motions elibrary.asp. Enter the docket number would have an estimated annual to intervene, competing applications (P–13579) in the docket number field to generation of 1,533 megawatt-hours. (without notices of intent), or notices of access the document. For assistance, Applicant Contact: Russell Painter, intent to file competing applications: 60 call toll-free 1–866–208–3372. McGinnis, Inc., P.O. Box 534, 502 days from the issuance of this notice. Second St. Ext., South Point, OH 45680, Kimberly D. Bose, Comments, motions to intervene, (740) 377–4391. Secretary. notices of intent, and competing FERC Contact: Brandon Cherry, (202) [FR Doc. E9–29922 Filed 12–15–09; 8:45 am] applications may be filed electronically 502–8328. BILLING CODE 6717–01–P via the Internet. See 18 CFR Deadline for filing comments, motions 385.2001(a)(1)(iii) and the instructions to intervene, competing applications on the Commission’s Web site under the (without notices of intent), or notices of DEPARTMENT OF ENERGY ‘‘eFiling’’ link. If unable to be filed intent to file competing application: 60 electronically, documents may be paper- days from the issuance of this notice. Federal Energy Regulatory filed. To paper-file, an original and eight Comments, motions to intervene, Commission copies should be mailed to: Kimberly D. notices of intent, and competing [Project No. 13584–000] Bose, Secretary, Federal Energy applications may be filed electronically Regulatory Commission, 888 First via the Internet. See 18 CFR Muskingum Valley Hydro; Notice of Street, NE., Washington, DC 20426. For 385.2001(a)(1)(iii) and the instructions Preliminary Permit Application more information on how to submit on the Commission’s Web site under the Accepted for Filing and Soliciting these types of filings please go to the ‘‘eFiling’’ link. If unable to be filed Comments, Motions To Intervene, and Commission’s Web site located at electronically, documents may be paper- Competing Applications http://www.ferc.gov/filing- filed. To paper-file, an original and eight comments.asp. More information about copies should be mailed to: Kimberly D. December 10, 2009. this project can be viewed or printed on Bose, Secretary, Federal Energy On September 14, 2009, Muskingum the ‘‘eLibrary’’ link of the Commission’s Regulatory Commission, 888 First Valley Hydro filed an application for a Web site at Street, NE., Washington, DC 20426. For preliminary permit, pursuant to section http://www.ferc.gov/docs-filing/ more information on how to submit 4(f) of the Federal Power Act, proposing elibrary.asp. Enter the docket number these types of filings please go to the to study the feasibility of the (P–13568) in the docket number field to Commission’s Web site located at Muskingum Valley Deer Creek Dam access the document. For assistance, http://www.ferc.gov/filing- Hydroelectric Project No. 13584, to be call toll-free 1–866–208–3372. comments.asp. located at the existing Deer Creek Dam, More information about this project on the on the Deer Creek, in Pickaway Kimberly D. Bose, can be viewed or printed on the County, Ohio. The sole purpose of a Secretary. ‘‘eLibrary’’ link of Commission’s Web preliminary permit, if issued, is to grant [FR Doc. E9–29923 Filed 12–15–09; 8:45 am] site at http://www.ferc.gov/docs-filing/ the permit holder priority to file a BILLING CODE 6717–01–P elibrary.asp. Enter the docket number

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66631

(P-13592) in the docket number field to Street, NE., Washington, DC 20426. For notices of intent, and competing access the document. For assistance, more information on how to submit applications may be filed electronically call toll-free 1–866–208–3372. these types of filings please go to the via the Internet. See 18 CFR Commission’s Web site located at 385.2001(a)(1)(iii) and the instructions Kimberly D. Bose, http://www.ferc.gov/filing- on the Commission’s Web site under the Secretary. comments.asp. ‘‘eFiling’’ link. If unable to be filed [FR Doc. E9–29924 Filed 12–15–09; 8:45 am] More information about this project electronically, documents may be paper- BILLING CODE 6717–01–P can be viewed or printed on the filed. To paper-file, an original and eight ‘‘eLibrary’’ link of Commission’s Web copies should be mailed to: Kimberly D. site at http://www.ferc.gov/docs-filing/ Bose, Secretary, Federal Energy DEPARTMENT OF ENERGY elibrary.asp. Enter the docket number Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For Federal Energy Regulatory (P–13593) in the docket number field to more information on how to submit Commission access the document. For assistance, call toll-free 1–866–208–3372. these types of filings please go to the [Project No. 13593–000] Commission’s Web site located at Kimberly D. Bose, http://www.ferc.gov/filing- McGinnis, Inc.; Notice of Preliminary Secretary. comments.asp. Permit Application Accepted for Filing [FR Doc. E9–29925 Filed 12–15–09; 8:45 am] More information about this project and Soliciting Comments, Motions To BILLING CODE 6717–01–P can be viewed or printed on the Intervene, and Competing Applications ‘‘eLibrary’’ link of the Commission’s Web site at http://www.ferc.gov/docs- December 10, 2009. DEPARTMENT OF ENERGY filing/elibrary.asp. Enter the docket On September 29, 2009, McGinnis, number (P–13595) in the docket number Inc. filed an application, pursuant to Federal Energy Regulatory field to access the document. For section 4(f) of the Federal Power Act, Commission assistance, call toll-free 1–866–208– proposing to study the feasibility of the [Project No. 13595–000] 3372. New Cumberland Hydrokinetic Project No. 13593, to be located on the Ohio McGinnis, Inc.; Notice of Preliminary Kimberly D. Bose, River, in Jefferson County, Ohio and Permit Application Accepted for Filing Secretary. Hancock County, West Virginia. and Soliciting Comments, Motions To [FR Doc. E9–29926 Filed 12–15–09; 8:45 am] The proposed New Cumberland Intervene, and Competing Applications BILLING CODE 6717–01–P Hydrokinetic Project would be located just downstream of the U.S. Army Corps December 10, 2009. of Engineers New Cumberland Lock and On September 29, 2009, McGinnis, DEPARTMENT OF ENERGY Dam in an area of the Ohio River Inc. filed an application, pursuant to approximately 6,400-feet-long and section 4(f) of the Federal Power Act, Federal Energy Regulatory 1,200-feet-wide and would consist of: proposing to study the feasibility of the Commission (1) A single barge suspending Pike Island Hydrokinetic Project No. approximately 10 axial-flow turbine 13595, to be located on the Ohio River, Combined Notice of Filings #1 generators into the river with a total in Belmont County, Ohio and Ohio December 08, 2009. installed capacity of 350 kilowatts, (2) a County, West Virginia. Take notice that the Commission new approximately 7,000-foot-long, The proposed Pike Island received the following electric rate 13.2-kilovolt transmission line; and (3) Hydrokinetic Project would be located filings: appurtenant facilities. The project just downstream of the U.S. Army Corps Docket Numbers: ER03–983–023; would have an estimated annual of Engineers Pike Island Lock and Dam ER07–758–019; ER06–738–022; ER02– generation of 1,533 megawatt-hours. in an area of the Ohio River 537–026; ER06–739–022; ER07–501– Applicant Contact: Russell Painter, approximately 6,400-feet-long and 021; ER08–649–014. McGinnis, Inc., P.O. Box 534, 502 1,500-feet-wide and would consist of: Applicants: Fox Energy Company Second St. Ext., South Point, OH 45680, (1) A single barge suspending LLC, Inland Empire Energy Center, LLC, (740) 377–4391. approximately 10 axial-flow turbine East Coast Power Liden Holding, LLC, FERC Contact: Brandon Cherry, (202) generators into the river with a total EFS Parlin Holdings, LLC, Cogen 502–8328. installed capacity of 350 kilowatts, (2) a Technologies Linden Venture LP, Deadline for filing comments, motions new approximately 2,500-foot-long, Birchwood Power Partners LP, Shady to intervene, competing applications 13.2-kilovolt transmission line; and (3) Hills Power Company, LLC. (without notices of intent), or notices of appurtenant facilities. The project Description: GE Companies Submit intent to file competing application: 60 would have an estimated annual Supplemental Order 652 Letter to Staff. days from the issuance of this notice. generation of 1,533 megawatt-hours. Filed Date: 12/07/2009. Comments, motions to intervene, Applicant Contact: Russell Painter, Accession Number: 20091207–5128. notices of intent, and competing McGinnis, Inc., P.O. Box 534, 502 Comment Date: 5 p.m. Eastern Time applications may be filed electronically Second St. Ext., South Point, OH 45680, on Monday, December 28, 2009. via the Internet. See 18 CFR (740) 377–4391. Docket Numbers: ER03–1340–005; 385.2001(a)(1)(iii) and the instructions FERC Contact: Brandon Cherry, (202) ER05–41–002; ER07–357–006; ER08– on the Commission’s Web site under the 502–8328. 1288–005. ‘‘eFiling’’ link. If unable to be filed Deadline for filing comments, motions Applicants: Chanarambie Power electronically, documents may be paper- to intervene, competing applications Partners LLC; Oasis Power Partners, filed. To paper-file, an original and eight (without notices of intent), or notices of LLC; Fenton Power Partners I, LLC; copies should be mailed to: Kimberly D. intent to file competing application: 60 Wapsipinicon Wind Project, LLC. Bose, Secretary, Federal Energy days from the issuance of this notice. Description: Chanarambie Power Regulatory Commission, 888 First Comments, motions to intervene, Partners LLC et al submits substitute

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66632 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

tariff sheets that correct the 8/20/09 information in support of the updated Windpower LLC; Doswell Limited filing errors of the revised tariff sheets. triennial market power analysis filed on Partnership; FPL Energy Cape, LLC; Filed Date: 12/04/2009. 6/30/09. FPLE Maine Hydro, LLC; FPL Energy Accession Number: 20091207–0156. Filed Date: 12/02/2009. Marcus Hook, L.P.; FPL ENERGY MH50, Comment Date: 5 p.m. Eastern Time Accession Number: 20091208–0005. LP; FPL Energy Power Marketing, Inc.; on Monday, December 28, 2009. Comment Date: 5 p.m. Eastern Time FPL Energy Wyman IV LLC; FPLE Docket Numbers: ER03–1340–006; on Wednesday, December 23, 2009. Rhode Island State Energy, LP; Gexa ER07–357–007; ER08–1237–003; ER09– Docket Numbers: ER08–1057–002. Energy LLC; Mill Run Windpower, LLC; 1302–001; ER08–1288–006; ER09–1181– Applicants: Entergy Services, Inc. NextEra Energy SeaBrook, LLC; 002. Description: Entergy Services, Inc Meyersdale Windpower, LLC; North Applicants: Chanarambie Power submits Compliance Refund Report. Jersey Energy Associates, a L.P.; Partners LLC, Fenton Power Partners I, Filed Date: 12/07/2009. Northeast Energy Associates, LP; LLC, Hoosier Wind Project, LLC, Accession Number: 20091208–0060. Pennsylvania Windfarms, Inc.; Somerset Northwest Wind Partners, LLC, Oasis Comment Date: 5 p.m. Eastern Time Windpower LLC; Waymart Wind Farm Power Partners, LLC, Shiloh Wind on Monday, December 28, 2009. L.P. Project 2, LLC, Wapsipinicon Wind Docket Numbers: ER08–1106–004. Description: NextEra Companies Project, LLC. Applicants: MATL LLP. Notice of Change in Status Regarding Description: Chanarambie Power Description: MATL, LLP submits the Market-Based Rate Authorizations Partners, LLC et al submits a change of Original Sheet 1 et al. Service for the ISO–NE and PJM Markets. status notice pertaining to the respective Agreement 1 et al to the Open Access Filed Date: 12/07/2009. market based rate authorizations to Transmission Tariff, FERC Electric Accession Number: 20091207–5139. reflect the acquisition by EDF Tariff, Second Revised Volume 1 in Comment Date: 5 p.m. Eastern Time Development, Inc etc. compliance with Order 614. on Monday, December 28, 2009. Filed Date: 12/07/2009. Filed Date: 12/07/2009. Docket Numbers: ER09–1312–002; Accession Number: 20091208–0065. Accession Number: 20091208–0063. ER09–1313–002. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Applicants: Riverside Energy Center, on Monday, December 28, 2009. on Monday, December 28, 2009. LLC; RockGen Energy, LLC. Docket Numbers: ER06–972–002. Docket Numbers: ER09–411–004. Description: Riverside Energy Center, Applicants: Thornwood Management Applicants: Midwest Independent LLC et al. submits a compliance filing Company, LLC. Transmission System Operator, Inc. of revised Rate Schedule FERC 2 et al. Description: Thornwood Management Description: Midwest Independent Filed Date: 12/03/2009. Company, LLC submits the Updated Transmission System Operator, Inc Accession Number: 20091207–0152. Market Power Analysis. submits the results of the analysis that Comment Date: 5 p.m. Eastern Time Filed Date: 12/07/2009. the August 7 Order required to be on Thursday, December 24, 2009. Accession Number: 20091208–0062. performed by the Midwest ISO’s RSG Docket Numbers: ER09–1727–001; Comment Date: 5 p.m. Eastern Time Task Force etc. ER09–1728–001. on Friday, February 05, 2009. Filed Date: 12/07/2009. Applicants: ALLETE, Inc. Docket Numbers: ER08–394–004; Accession Number: 20091208–0074. Description: Midwest Independent ER08–394–005. Comment Date: 5 p.m. Eastern Time Transmission System Operator, Inc et Applicants: Midwest Independent on Monday, December 28, 2009. al. submits compliance filing which Transmission System Operator, Inc. Docket Numbers: ER09–502–003; revised the original 9/21/09 proposal to Description: Midwest Independent ER09–666–004; ER09–668–004; ER09– reflect modifications proposed in the Transmission System Operator submits 669–004; ER09–670–004; ER09–671– Applicants’ 10/23/09 Answer etc. compliance filing regarding the effect 004. Filed Date: 12/04/2009. that Behind the Meter Generation has Applicants: EDF Development, Inc.; Accession Number: 20091208–0013. had on the calculation of their Planning EDFD–Handsome Lake; EDFD– Comment Date: 5 p.m. Eastern Time Reserve Margin etc. Perryman; EDFD–Conemaugh; EDFD– on Monday, December 14, 2009. Filed Date: 12/01/2009. C.P. Crane; EDFD–West Valley. Docket Numbers: ER10–92–003. Accession Number: 20091208–0082. Description: EDF Development, Inc et Applicants: EDF Trading North Comment Date: 5 p.m. Eastern Time al. submits Notice of change in status to America, LLC. on Tuesday, December 22, 2009. inform the Commission of Description: EDF Trading North Docket Numbers: ER08–912–006; consummation of the Transaction et al. America, LLC submits a Notice to ER09–32–003; ER09–279–002; ER09– Filed Date: 12/04/2009. inform the Commission that the EDF 30–003; ER09–31–003; ER02–2085–015; Accession Number: 20091208–0083. Trading affiliate, EDF Development, Inc, ER03–296–002; ER07–242–013; ER03– Comment Date: 5 p.m. Eastern Time and Constellation Energy Group, Inc has 951–022; ER09–282–002; ER05–481– on Monday, December 28, 2009. consummated a transaction etc. 020; ER09–1284–001. Docket Numbers: ER09–832–004; Filed Date: 12/04/2009. Applicants: Iberdrola Renewables, ER02–2559–011; ER00–2391–011; Accession Number: 20091207–0154. Inc.; Barton Windpower LLC; Buffalo ER00–3068–010; ER98–3511–014; Comment Date: 5 p.m. Eastern Time Ridge I LLC; Elm Creek Wind, LLC; ER02–1903–012; ER99–2917–012; on Monday, December 28, 2009. Farmers City Wind, LLC; Northern Iowa ER98–3566–020; ER98–3564–015; Docket Numbers: ER10–139–001. Windpower II LLC; Flying Cloud Power ER02–2120–008; ER05–714–005; ER04– Applicants: Atlantic Path 15, LLC. Partners, LLC; MinnDakota Wind LLC; 290–006; ER02–256–003; ER09–990– Description: Atlantic Path 15, LLC Moraine Wind LLC; Moraine Wind II 003; ER04–187–008; ER05–236–008; submits filing Sub, Fifth Revised Sheet LLC; Trimont Wind I LLC; Rugby Wind ER02–2166–010; ER05–661–004; ER03– 16 to its Transmission Owner Tariff, LLC. 1375–007. FERC Electric Tariff Revised 1 etc. Description: Iberdrola Renewables, Applicants: NextEra Energy Power Filed Date: 12/07/2009. Inc et al. submits supplemental Marketing, LLC; Backbone Mountain Accession Number: 20091208–0061.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66633

Comment Date: 5 p.m. Eastern Time Description: Avista Turbine Power, be taken, but will not serve to make on Monday, December 28, 2009. Inc submits a request for authorization protestants parties to the proceeding. Docket Numbers: ER10–142–002. for affiliate transactions and request for Anyone filing a motion to intervene or Applicants: Entergy Power, LLC. expedited action. protest must serve a copy of that Description: Entergy Power, Inc Filed Date: 12/07/2009. document on the Applicant. In reference submits Notice of Succession and name Accession Number: 20091208–0059. to filings initiating a new proceeding, change. Comment Date: 5 p.m. Eastern Time interventions or protests submitted on Filed Date: 12/04/2009. on Thursday, December 17, 2009. or before the comment deadline need Accession Number: 20091207–0155. Docket Numbers: ER10–391–000. not be served on persons other than the Comment Date: 5 p.m. Eastern Time Applicants: Entergy Services, Inc. Applicant. on Monday, December 28, 2009. Description: Entergy Services, Inc The Commission encourages Docket Numbers: ER10–147–001. submits an amended Interconnection electronic submission of protests and Applicants: Great River Energy. Agreement with Cleco Power LLC. interventions in lieu of paper, using the Description: Great River Energy et al. Filed Date: 12/07/2009. FERC Online links at http:// submits Substitute Original Sheet No Accession Number: 20091208–0048. www.ferc.gov. To facilitate electronic 3633.11 et al. Comment Date: 5 p.m. Eastern Time service, persons with Internet access Filed Date: 12/07/2009. on Monday, December 28, 2009. who will eFile a document and/or be Accession Number: 20091207–0198. Docket Numbers: ER10–392–000. listed as a contact for an intervenor Comment Date: 5 p.m. Eastern Time Applicants: Allegheny Energy Supply must create and validate an on Monday, December 14, 2009. Company, LLC. eRegistration account using the Docket Numbers: ER10–288–001. Description: Allegheny Energy Supply eRegistration link. Select the eFiling Applicants: Carolina Power & Light Company, LLC submits request for link to log on and submit the Company & Florida authorization to make wholesale power intervention or protests. Description: Carolina Power & Light sales to its affiliate, etc. Persons unable to file electronically Co and Florida Power Corp submits an Filed Date: 12/07/2009. should submit an original and 14 copies amendment to the 11/18/09 Section 205 Accession Number: 20091208–0045. of the intervention or protest to the filing. Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Commission, Filed Date: 12/07/2009. on Monday, December 28, 2009. 888 First St. NE., Washington, DC Accession Number: 20091207–0197. Docket Numbers: ER10–393–000. 20426. Comment Date: 5 p.m. Eastern Time Applicants: Southwest Power Pool, The filings in the above proceedings on Monday, December 28, 2009. Inc. are accessible in the Commission’s Docket Numbers: ER10–354–000. Description: Southwest Power Pool, eLibrary system by clicking on the Applicants: Starion Energy Inc. Inc submits its Open Access appropriate link in the above list. They Description: Starion Energy, Inc Transmission Tariff to reduce the are also available for review in the submits an application for Order currently effective Violation Relaxation Commission’s Public Reference Room in Accepting Rates for Filing and Granting Limit governing operational constraints Washington, DC. There is an Waivers and Blanket Approvals. etc. eSubscription link on the Web site that Filed Date: 12/04/2009. Filed Date: 12/07/2009. enables subscribers to receive e-mail Accession Number: 20091207–0195. Accession Number: 20091208–0046. notification when a document is added Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time to a subscribed docket(s). For assistance on Monday, December 28, 2009. on Monday, December 28, 2009. with any FERC Online service, please e- Docket Numbers: ER10–385–000. Docket Numbers: ER10–394–000. mail [email protected]. or Applicants: Castleton Energy Applicants: Midwest Independent call (866) 208–3676 (toll free). For TTY, Services, LLC. Transmission System Operator, Inc. call (202) 502–8659. Description: Application of Castleton Description: Midwest Independent Nathaniel J. Davis, Sr., Energy Services, LLC for market based Transmission System Operator, Inc Deputy Secretary. rate authority, associated waivers, submits proposed revisions to its Open [FR Doc. E9–29880 Filed 12–15–09; 8:45 am] Access Transmission, Energy and blanket approvals, notification of price BILLING CODE 6717–01–P reporting status and request for Category Operating Reserve Markets Tariff, 1 Seller determinations. terminating provisions related to the Filed Date: 12/07/2009. Dispatch Band Option etc. DEPARTMENT OF ENERGY Accession Number: 20091208–0064. Filed Date: 12/07/2009. Comment Date: 5 p.m. Eastern Time Accession Number: 20091208–0047. Federal Energy Regulatory on Monday, December 28, 2009. Comment Date: 5 p.m. Eastern Time Commission Docket Numbers: ER10–389–000. on Monday, December 28, 2009. Applicants: Pacific Gas and Electric Any person desiring to intervene or to Combined Notice of Filings #1 Company. protest in any of the above proceedings December 9, 2009. Description: Pacific Gas and Electric must file in accordance with Rules 211 Take notice that the Commission Co submits the annual adjustment to a and 214 of the Commission’s Rules of received the following electric rate transmission rate under the Practice and Procedure (18 CFR 385.211 filings: Interconnection Agreement. and 385.214) on or before 5 p.m. Eastern Docket Numbers: ER06–560–006. Filed Date: 12/07/2009. time on the specified comment date. It Applicants: Credit Suisse Energy LLC. Accession Number: 20091207–0196. is not necessary to separately intervene Description: Notice of Non-Material Comment Date: 5 p.m. Eastern Time again in a subdocket related to a Change in Status for Credit Suisse. on Monday, December 28, 2009. compliance filing if you have previously Filed Date: 12/08/2009. Docket Numbers: ER10–390–000. intervened in the same docket. Protests Accession Number: 20091208–5075. Applicants: Avista Turbine Power, will be considered by the Commission Comment Date: 5 p.m. Eastern Time Inc. in determining the appropriate action to on Tuesday, December 29, 2009.

VerDate Nov<24>2008 17:06 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66634 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

Docket Numbers: ER08–613–002. Description: Alcoa Power Generating, The Commission encourages Applicants: Niagara Mohawk Power Inc submits amendment to its Electric electronic submission of protests and Corporation. Rate Schedule FERC No. 19, the interventions in lieu of paper, using the Description: Revised Refund Report of Exchange Agreement with Tennessee FERC Online links at http:// Niagara Mohawk Power Corporation d/ Valley Authority. www.ferc.gov. To facilitate electronic b/a National Grid. Filed Date: 12/08/2009. service, persons with Internet access Filed Date: 12/08/2009. Accession Number: 20091209–0046. who will eFile a document and/or be Accession Number: 20091208–5081. Comment Date: 5 p.m. Eastern Time listed as a contact for an intervenor Comment Date: 5 p.m. Eastern Time on Tuesday, December 29, 2009. must create and validate an on Tuesday, December 29, 2009. Take notice that the Commission eRegistration account using the Docket Numbers: ER09–701–004. received the following electric securities eRegistration link. Select the eFiling Applicants: PJM Interconnection, filings: link to log on and submit the L.L.C. Docket Numbers: ES10–11–000. intervention or protests. Description: PJM Interconnection, Applicants: Southwest Power Pool, Persons unable to file electronically L.L.C. submits errata tariff sheets to Inc. should submit an original and 14 copies correct a few Commission Order 614 Description: Application of Southwest of the intervention or protest to the ministerial errors, omissions and clean Power Pool, Inc. under Section 204 of Federal Energy Regulatory Commission, up revisions in tariff sheets etc. the Federal Power Act for an Order 888 First St., NE., Washington, DC Filed Date: 12/08/2009. Authorizing the Issuance of Securities. 20426. Accession Number: 20091209–0043. Filed Date: 12/04/2009. The filings in the above proceedings Comment Date: 5 p.m. Eastern Time Accession Number: 20091204–5115. on Tuesday, December 29, 2009. are accessible in the Commission’s Comment Date: 5 p.m. Eastern Time eLibrary system by clicking on the Docket Numbers: ER09–1604–001. on Monday, December 28, 2009. Applicants: Northern Indiana Public appropriate link in the above list. They Docket Numbers: ES10–12–000. are also available for review in the Service Company. Applicants: Portland General Electric Description: Northern Indiana Public Commission’s Public Reference Room in Company. Washington, DC. There is an Service Company submits Agreement Description: Application of Portland designated to comply with Order 614 eSubscription link on the Web site that General Electric Company for Authority enables subscribers to receive e-mail and Section 35.9. to Issue Short-Term Debt Securities. Filed Date: 12/08/2009. notification when a document is added Filed Date: 12/04/2009. to a subscribed docket(s). For assistance Accession Number: 20091209–0048. Accession Number: 20091204–5135. Comment Date: 5 p.m. Eastern Time with any FERC Online service, please e- Comment Date: 5 p.m. Eastern Time mail [email protected]. or on Tuesday, December 29, 2009. on Monday, December 28, 2009. Docket Numbers: ER10–236–002. call (866) 208–3676 (toll free). For TTY, Docket Numbers: ES10–13–000. call (202) 502–8659. Applicants: Ohms Energy Company, Applicants: FirstEnergy Service LLC. Company. Nathaniel J. Davis, Sr., Description: Amended Petition for Description: Joint Application of First Deputy Secretary. Acceptance of Initial Tariff, Waivers and Energy Service Company et al. under [FR Doc. E9–29879 Filed 12–15–09; 8:45 am] Blanket Authority, submitted by OHMS Section 203 of the Federal Power Act for BILLING CODE 6717–01–P Energy Company, LLC. Authorization to issue short-term debt Filed Date: 12/08/2009. securities. Accession Number: 20091209–0044. Filed Date: 12/08/2009. DEPARTMENT OF ENERGY Comment Date: 5 p.m. Eastern Time Accession Number: 20091209–0045. on Tuesday, December 29, 2009. Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Docket Numbers: ER10–293–001. on Tuesday, December 29, 2009. Commission Applicants: First Point Power, LLC. Any person desiring to intervene or to Description: First Point Power, LLC protest in any of the above proceedings Notice of Effectiveness of Exempt submits Amended Petition for must file in accordance with Rules 211 Wholesale Generator Status Acceptance of Initial Tariff, Waivers and and 214 of the Commission’s Rules of Blanket Authority. Practice and Procedure (18 CFR 385.211 December 10, 2009. Filed Date: 12/08/2009. and § 385.214) on or before 5 p.m. Docket Nos. Accession Number: 20091208–0093. Eastern time on the specified comment Comment Date: 5 p.m. Eastern Time date. It is not necessary to separately BP Wind Energy North EG09–90–000 on Tuesday, December 29, 2009. intervene again in a subdocket related to America Inc. Docket Numbers: ER10–397–000. a compliance filing if you have Big Sky Wind, LLC ...... EG09–91–000 Applicants: Cesarie, LLC. previously intervened in the same Eurus Combine Hills II LLC EG09–92–000 Description: Cesarie, Inc submits docket. Protests will be considered by Elmwood Park Power LLC EG09–93–000 Petition for Acceptance of Initial Tariff, the Commission in determining the Dry Lake Wind Power, LLC EG09–94–000 Waivers and Blanket Authority under appropriate action to be taken, but will Raleigh Wind Power Part- EG09–95–000 Rate Schedule FERC Electric Tariff, not serve to make protestants parties to nership. Original Volume 1. the proceeding. Anyone filing a motion SunEdison Canada, LLC ... FC09–1–000 Filed Date: 12/08/2009. to intervene or protest must serve a copy Accession Number: 20091209–0047. of that document on the Applicant. In Take notice that during the months of Comment Date: 5 p.m. Eastern Time reference to filings initiating a new October 2009 and November 2009, the on Tuesday, December 29, 2009. proceeding, interventions or protests status of the above-captioned entities as Docket Numbers: ER10–398–000. submitted on or before the comment Exempt Wholesale Generators or Applicants: Alcoa Power Generating deadline need not be served on persons Foreign Utility Companies became Inc. other than the Applicant. effective by operation of the

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66635

Commission’s regulations, 18 CFR Any person desiring to intervene or to the ERCOT grid to the proposed Tres 366.7(a) (2009). protest this filing must file in Amigas Superstation (Tres Amigas) will accordance with Rules 211 and 214 of Kimberly D. Bose, not be subject to the Commission’s the Commission’s Rules of Practice and jurisdiction as a public utility under the Secretary. Procedure (18 CFR 385.211, 385.214). Federal Power Act by virtue of such [FR Doc. E9–29917 Filed 12–15–09; 8:45 am] Protests will be considered by the interconnection, that transmission BILLING CODE 6717–01–P Commission in determining the services over the alternating current appropriate action to be taken, but will (AC) lines from ERCOT to Tres Amigas not serve to make protestants parties to DEPARTMENT OF ENERGY (and synchronized with the ERCOT the proceeding. Any person wishing to grid) will not be subject to the Federal Energy Regulatory become a party must file a notice of Commission’s jurisdiction, and that Commission intervention or motion to intervene, as establishing a new AC to Direct Current appropriate. Such notices, motions, or interconnection between Tres Amigas [Docket No. AD09–9–000] protests must be filed on or before the and ERCOT will not change the comment date. On or before the Small Hydropower Development in the comment date, it is not necessary to jurisdictional status of any other ERCOT United States; Notice Granting serve motions to intervene or protests utilities or ERCOT transaction. Extension of Time To Provide on persons other than the Applicant. Any person desiring to intervene or to Comments The Commission encourages protest this filing must file in December 10, 2009. electronic submission of protests and accordance with Rules 211 and 214 of On December 2, 2009, the Federal interventions in lieu of paper using the the Commission’s Rules of Practice and Energy Regulatory Commission held a ‘‘eFiling’’ link at http://www.ferc.gov. Procedure (18 CFR 385.211, 385.214). Commissioner-led technical conference Persons unable to file electronically Protests will be considered by the to explore issues related to licensing should submit an original and 14 copies Commission in determining the small non-federal hydropower projects of the protest or intervention to the appropriate action to be taken, but will in the United States. At the conference, Federal Energy Regulatory Commission, not serve to make protestants parties to Commission staff set January 4, 2010, as 888 First Street, NE., Washington, DC the proceeding. Any person wishing to the due date for filing any written 20426. become a party must file a notice of comments about small hydropower This filing is accessible on-line at intervention or motion to intervene, as http://www.ferc.gov, using the issues with the Commission. On appropriate. Such notices, motions, or ‘‘eLibrary’’ link and is available for December 4, 2009, American Rivers and protests must be filed on or before the review in the Commission’s Public the National Hydropower Association comment date. On or before the Reference Room in Washington, DC. (NHA) filed a joint motion, requesting comment date, it is not necessary to that the Commission extend the There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to serve motions to intervene or protests comment due date to February 4, 2010. on persons other than the Applicant. In their filing, American Rivers and the receive e-mail notification when a NHA state that the additional time will document is added to a subscribed The Commission encourages allow for the submission of thoughtful docket(s). For assistance with any FERC electronic submission of protests and and more detailed comments. Online service, please e-mail interventions in lieu of paper using the Upon consideration, notice is hereby [email protected], or call ‘‘eFiling’’ link at http://www.ferc.gov. given that an extension of time for all (866) 208–3676 (toll free). For TTY, call Persons unable to file electronically interested entities to file comments is (202) 502–8659. should submit an original and 14 copies granted to and including February 4, Comment Date: 5 p.m. Eastern Time of the protest or intervention to the 2010. on December 29, 2009. Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC Kimberly D. Bose, Kimberly D. Bose, 20426. Secretary. Secretary. [FR Doc. E9–29927 Filed 12–15–09; 8:45 am] [FR Doc. E9–29913 Filed 12–15–09; 8:45 am] This filing is accessible on-line at BILLING CODE 6717–01–P BILLING CODE 6717–01–P http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for review in the Commission’s Public DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the Federal Energy Regulatory Federal Energy Regulatory Web site that enables subscribers to Commission Commission receive e-mail notification when a [Docket No. ER10–396–000] [Docket No. EL10–22–000] document is added to a subscribed docket(s). For assistance with any FERC Tres Amigas LLC; Notice of Filing Tres Amigas LLC; Notice of Filing Online service, please e-mail [email protected], or call December 9, 2009. December 9, 2009. Take notice that on December 8, 2009, Take notice that on December 8, 2009, (866) 208–3676 (toll free). For TTY, call Tres Amigas LLC filed an application Tres Amigas LLC filed a petition for (202) 502–8659. requesting authorization to sell disclaimer of jurisdiction, pursuant to Comment Date: 5 p.m. Eastern Time transmission services at negotiated rates Rule 207 of the Commission’s Rules of on December 29, 2009. through the Tres Amigas Superstation, Practice and Procedure, 18 CFR 385.207 pursuant to section 205 of the Federal (2009), requesting the Commission to Kimberly D. Bose, Power Act, 16 USC 824d (2006), and issue a declaratory order ruling that any Secretary. Part 35 of the Commission’s Rules and transmission owner that constructs [FR Doc. E9–29909 Filed 12–15–09; 8:45 am] Regulations, 18 CFR Part 35 (2009). transmission facilities interconnecting BILLING CODE 6717–01–P

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66636 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

DEPARTMENT OF ENERGY with any FERC Online service, please e- The filings in the above-referenced mail [email protected], or proceeding are accessible in the Federal Energy Regulatory call (866) 208–3676 (toll free). For TTY, Commission’s eLibrary system by Commission call (202) 502–8659. clicking on the appropriate link in the above list. They are also available for [Docket No. ER10–377–000] Kimberly D. Bose, review in the Commission’s Public Elk Creek Wind II, LLC; Supplemental Secretary. Reference Room in Washington, DC. Notice That Initial Market-Based Rate [FR Doc. E9–29911 Filed 12–15–09; 8:45 am] There is an eSubscription link on the Filing Includes Request for Blanket BILLING CODE 6717–01–P Web site that enables subscribers to Section 204 Authorization receive e-mail notification when a document is added to a subscribed December 9, 2009. DEPARTMENT OF ENERGY dockets(s). For assistance with any This is a supplemental notice in the FERC Online service, please e-mail above-referenced proceeding of Elm Federal Energy Regulatory Commission [email protected]. or call Creek Wind II LLC’s application for (866) 208–3676 (toll free). For TTY, call market-based rate authority, with an (202) 502–8659. accompanying rate tariff, noting that [Docket No. ER10–378–000] such application includes a request for Kimberly D. Bose, blanket authorization, under 18 CFR Buffalo Ridge II, LLC; Supplemental Secretary. Notice That Initial Market-Based Rate Part 34, of future issuances of securities [FR Doc. E9–29912 Filed 12–15–09; 8:45 am] Filing Includes Request for Blanket and assumptions of liability. BILLING CODE 6717–01–P Any person desiring to intervene or to Section 204 Authorization protest should file with the Federal December 9, 2009. Energy Regulatory Commission, 888 DEPARTMENT OF ENERGY First Street, NE., Washington, DC 20426, This is a supplemental notice in the in accordance with Rules 211 and 214 above-referenced proceeding of Buffalo Federal Energy Regulatory of the Commission’s Rules of Practice Ridge II LLC’s application for market- Commission based rate authority, with an and Procedure (18 CFR 385.211 and [Docket No. ER10–374–000] 385.214). Anyone filing a motion to accompanying rate tariff, noting that intervene or protest must serve a copy such application includes a request for Medicine Bow Power Partners, LLC; of that document on the Applicant. blanket authorization, under 18 CFR Supplemental Notice That Initial Notice is hereby given that the Part 34, of future issuances of securities Market-Based Rate Filing Includes deadline for filing protests with regard and assumptions of liability. Request for Blanket Section 204 to the applicant’s request for blanket Any person desiring to intervene or to Authorization authorization, under 18 CFR Part 34, of protest should file with the Federal future issuances of securities and Energy Regulatory Commission, 888 December 9, 2009. assumptions of liability, is December 29, First Street, NE., Washington, DC 20426, This is a supplemental notice in the 2009. in accordance with Rules 211 and 214 above-referenced proceeding of The Commission encourages of the Commission’s Rules of Practice Medicine Bow Power Partners, LLC’s electronic submission of protests and and Procedure (18 CFR 385.211 and application for market-based rate interventions in lieu of paper, using the 385.214). Anyone filing a motion to authority, with an accompanying rate FERC Online links at http:// intervene or protest must serve a copy tariff, noting that such application www.ferc.gov. To facilitate electronic of that document on the Applicant. includes a request for blanket service, persons with Internet access Notice is hereby given that the authorization, under 18 CFR part 34, of who will eFile a document and/or be deadline for filing protests with regard future issuances of securities and listed as a contact for an intervenor to the applicant’s request for blanket assumptions of liability. must create and validate an authorization, under 18 CFR Part 34, of Any person desiring to intervene or to eRegistration account using the future issuances of securities and protest should file with the Federal eRegistration link. Select the eFiling assumptions of liability, is December 29, Energy Regulatory Commission, 888 link to log on and submit the 2009. First Street, NE., Washington, DC 20426, intervention or protests. The Commission encourages in accordance with Rules 211 and 214 Persons unable to file electronically electronic submission of protests and of the Commission’s Rules of Practice should submit an original and 14 copies interventions in lieu of paper, using the and Procedure (18 CFR 385.211 and of the intervention or protest to the FERC Online links at http:// 385.214). Anyone filing a motion to Federal Energy Regulatory Commission, www.ferc.gov. To facilitate electronic intervene or protest must serve a copy 888 First Street, NE., Washington, DC service, persons with Internet access of that document on the Applicant. 20426. who will eFile a document and/or be Notice is hereby given that the The filings in the above-referenced listed as a contact for an intervenor deadline for filing protests with regard proceeding are accessible in the must create and validate an to the applicant’s request for blanket Commission’s eLibrary system by eRegistration account using the authorization, under 18 CFR part 34, of clicking on the appropriate link in the eRegistration link. Select the eFiling future issuances of securities and above list. link to log on and submit the assumptions of liability, is December 29, They are also available for review in intervention or protests. 2009. the Commission’s Public Reference Persons unable to file electronically The Commission encourages Room in Washington, DC. There is an should submit an original and 14 copies electronic submission of protests and eSubscription link on the Web site that of the intervention or protest to the interventions in lieu of paper, using the enables subscribers to receive e-mail Federal Energy Regulatory Commission, FERC Online links at http:// notification when a document is added 888 First Street, NE., Washington, DC www.ferc.gov. To facilitate electronic to a subscribed docket(s). For assistance 20426. service, persons with Internet access

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66637

who will eFile a document and/or be during construction (AFUDC) specified or protests on persons other than the listed as a contact for an intervenor several recent and pending proceedings Applicant. must create and validate an in which the issue of the accrual of The Commission encourages eRegistration account using the AFDUC is raised. This issue is raised in electronic submission of protests and eRegistration link. Select the eFiling two additional pending proceedings: interventions in lieu of paper using the link to log on and submit the Fayetteville Express Pipeline LLC in ‘‘eFiling’’ link at http://www.ferc.gov. intervention or protests. Docket No. CP09–433–000 and Persons unable to file electronically Persons unable to file electronically Midcontinent Express Pipeline LLC in should submit an original and 14 copies should submit an original and 14 copies Docket Nos. CP08–6–005 and Docket of the protest or intervention to the of the intervention or protest to the No. CP09–56–000. Accordingly, these Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, two cases will be included with those 888 First Street, NE., Washington, DC 888 First Street, NE., Washington, DC previously specified as a subject of the 20426. 20426. technical conference to be held on This filing is accessible on-line at The filings in the above-referenced Tuesday, December 15, 2009, from 9 http://www.ferc.gov, using the proceeding are accessible in the a.m. until 1 p.m., in the Commission ‘‘eLibrary’’ link and is available for Commission’s eLibrary system by Meeting Room, at the Commission’s review in the Commission’s Public clicking on the appropriate link in the offices at 888 First Street, NE., Reference Room in Washington, DC. above list. They are also available for Washington, DC. There is an ‘‘eSubscription’’ link on the review in the Commission’s Public Web site that enables subscribers to Reference Room in Washington, DC. Kimberly D. Bose, receive e-mail notification when a There is an eSubscription link on the Secretary. document is added to a subscribed Web site that enables subscribers to [FR Doc. E9–29915 Filed 12–15–09; 8:45 am] docket(s). For assistance with any FERC receive e-mail notification when a BILLING CODE 6717–01–P Online service, please e-mail document is added to a subscribed [email protected], or call dockets(s). For assistance with any (866) 208–3676 (toll free). For TTY, call FERC Online service, please e-mail DEPARTMENT OF ENERGY (202) 502–8659. [email protected]. or call Comment Date: 5 p.m. Eastern time Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call on Friday, December 18, 2009. Commission (202) 502–8659. Kimberly D. Bose, Kimberly D. Bose, [Docket No. PR10–3–000] Secretary. Secretary. [FR Doc. E9–29914 Filed 12–15–09; 8:45 am] [FR Doc. E9–29910 Filed 12–15–09; 8:45 am] Enogex L.L.C.; Notice of Petition for BILLING CODE 6717–01–P BILLING CODE 6717–01–P Rate Approval

December 9, 2009. DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Take notice that on November 23, 2009, Enogex L.L.C. (Enogex) filed Federal Energy Regulatory Federal Energy Regulatory pursuant to section 284.123(b)(2) of the Commission Commission Commission’s regulations, filed a [Docket No. RM04–7–007] [Docket No. AD10–3–000; Docket Nos. petition requesting that the Commission CP07–441–000; Docket No. CP09–433–000; approve its rates pursuant to section Market-Based Rates For Wholesale Docket No. CP09–17–000; Docket No. 311(a)(2) of the Natural Gas Policy Act Sales of Electric Energy, Capacity and AC08–161–000; Docket No. CP08–6–005; of 1978. Enogex proposes a fuel factor Ancillary Services by Public Utilities; Docket No. CP09–56–000; Docket No. of 0.92% for the East Zone and a fuel Notice of Request for Clarification CP09–36–002; Docket No. CP09–40–001; factor of 1.12% for the West Zone of its Docket No. CP09–54–001; Docket No. system for Fuel Year 2010. October 30, 2009. CP09–68–000] Any person desiring to participate in Take notice that on March 9, 2009, as Accrual of Allowance for Funds Used this rate proceeding must file a motion amended on October 28, 2009, the 1 During Construction: Pacific to intervene or to protest this filing must Compliance Working Group filed a Connector Gas Pipeline, LP; file in accordance with Rules 211 and request for clarification regarding which Fayetteville Express Pipeline LLC; 214 of the Commission’s Rules of employees can be ‘‘shared’’ for purposes Florida Gas Transmission Company, Practice and Procedure (18 CFR 385.211 of compliance with the Commission’s LLC; Midcontinent Express Pipeline and 385.214). Protests will be Affiliate Restrictions adopted under 2 LLC; Southern Natural Gas Company; considered by the Commission in Order No. 697. Southeast Supply Header, LLC/ determining the appropriate action to be 1 Southern Natural Gas Company; Ruby taken, but will not serve to make The members of the Compliance Working Group protestants parties to the proceeding. taking part in the filing are: Allegheny Energy, Inc., Pipeline, LLC; Texas Eastern American Electric Power Company, Inc., Cleco Transmission, LP; Supplemental Any person wishing to become a party Corporation, Consumers Energy Company, Notice on Technical Conference on must file a notice of intervention or Dominion Resources, Inc., Duke Energy Commission Policy on motion to intervene, as appropriate. Corporation, Edison International, El Paso Electric Such notices, motions, or protests must Company, Energy East Corp., Entergy Corporation, Commencement of Accrual of Exelon Corporation, FirstEnergy Corp., FPL Group, Allowance for Funds Used During be filed on or before the date as Inc., Pacific Gas and Electric Co., Progress Energy, Construction indicated below. Anyone filing an Inc., Public Service Enterprise Group Inc., and intervention or protest must serve a Westar Energy, Inc. December 9, 2009. copy of that document on the Applicant. 2 Market-Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by The December 2, 2009 notice of a Anyone filing an intervention or protest Public Utilities, Order No. 697, FERC Stats. & Regs. technical conference to address the on or before the intervention or protest ¶ 31,252 (Order No. 697), clarified, 121 FERC accrual of allowance for funds used date need not serve motions to intervene Continued

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66638 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

The Compliance Working Group Reference Room in Washington, DC. Environmental Protection Agency, 1200 states that the question presented arises There is an ‘‘eSubscription’’ link on the Pennsylvania Avenue, NW., because of an unintended inconsistency Web site that enables subscribers to Washington, DC 20460; telephone in the treatment of shared employees receive e-mail notification when a number: (202) 564–7021; fax number: under the two major rulemakings— document is added to a subscribed (202) 564–0050; e-mail address: Order Nos. 697 and 717—that impose docket(s). For assistance with any FERC [email protected]. restrictions on employee interactions Online service, please e-mail SUPPLEMENTARY INFORMATION: EPA has and communications. The Compliance [email protected], or call submitted the following ICR to OMB for Working Group states that Order No. (866) 208–3676 (toll free). For TTY, call review and approval according to the 697 sought to ensure consistency (202) 502–8659. procedures prescribed in 5 CFR 1320.12. between the two rules by holding that Kimberly D. Bose, On July 30, 2009 (74 FR 38004), EPA shared employees, for purposes of its sought comments on this ICR pursuant Affiliate Restrictions, would be the same Secretary. [FR Doc. E9–29907 Filed 12–15–09; 8:45 am] to 5 CFR 1320.8(d). EPA received no as later defined by the Standards of comments. Any additional comments on BILLING CODE 6717–01–P Conduct. It states that an inconsistency this ICR should be submitted to EPA later arose because Order No. 717 and OMB within 30 days of this notice. ultimately revised the Standards of EPA has established a public docket ENVIRONMENTAL PROTECTION Conduct by eliminating the concept of for this ICR under docket ID number 3 AGENCY shared employees altogether. The EPA–HQ–OECA–2009–0528, which is Compliance Working Group states that [EPA–HQ–OECA–2009–0528; FRL–9092–9] available for public viewing online at this disconnect has created a http://www.regulations.gov, in person compliance conundrum that should be Agency Information Collection viewing at the Enforcement and remedied. Activities; Submission to OMB for Compliance Docket in the EPA Docket The Compliance Working Group asks Review and Approval; Comment Center (EPA/DC), EPA West, Room the Commission to interpret the Affiliate Request; NSPS for Industrial- 3334, 1301 Constitution Avenue, NW., Restrictions to permit sharing of Commercial-Institutional Steam Washington, DC. The EPA Docket employees who are not ‘‘transmission Generating Units, EPA ICR Number Center Public Reading Room is open function employees’’ or ‘‘marketing 1088.12, OMB Control Number 2060– from 8:30 a.m. to 4:30 p.m., Monday function employees’’—the same sharing 0072 through Friday, excluding legal that is now permitted under the holidays. The telephone number for the Standards of Conduct. The Compliance AGENCY: Environmental Protection Agency (EPA). Reading Room is (202) 566–1744, and Working Group states that this the telephone number for the ACTION: interpretation is consistent with the Notice. Enforcement and Compliance Docket is purpose of Order Nos. 697 and 717, will (202) 566–1752. facilitate compliance by regulated SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. Use EPA’s electronic docket and companies, and enhance enforcement comment system at http:// by the Commission. It also states that, as 3501 et seq.), this document announces that an Information Collection Request www.regulations.gov, to submit or view was the case with Order No. 717, this public comments, access the index interpretation would not eliminate the (ICR) has been forwarded to the Office of Management and Budget (OMB) for listing of the contents of the docket, and residual protection afforded by the rule to access those documents in the docket against undue discrimination. review and approval. This is a request to renew an existing approved that are available electronically. Once in Any person desiring to comment in the system, select ‘‘docket search,’’ then the above-referenced proceeding may collection. The ICR which is abstracted below describes the nature of the key in the docket ID number identified file comments with the Commission on above. Please note that EPA’s policy is or before 5 p.m. Eastern time on collection and the estimated burden and cost. that public comments, whether November 30, 2009. submitted electronically or in paper, DATES: Additional comments may be The Commission encourages will be made available for public submitted on or before January 15, 2010. electronic submission of comments in viewing at http://www.regulations.gov, lieu of paper using the ‘‘eFiling’’ link at ADDRESSES: Submit your comments, as EPA receives them and without http://www.ferc.gov. Persons unable to referencing docket ID number EPA–HQ– change, unless the comment contains file electronically should submit an OECA–2009–0528, to (1) EPA online copyrighted material, Confidential original and 14 copies of comments to using http://www.regulations.gov (our Business Information (CBI), or other the Federal Energy Regulatory preferred method), or by e-mail to information whose public disclosure is Commission, 888 First Street, NE., [email protected], or by mail to: EPA restricted by statute. For further Washington, DC 20426. Docket Center (EPA/DC), Environmental information about the electronic docket, This filing is accessible on-line at Protection Agency, Enforcement and go to http://www.regulations.gov. http://www.ferc.gov, using the Compliance Docket and Information Title: NSPS for Industrial- ‘‘eLibrary’’ link and is available for Center, mail code 28221T, 1200 Commercial-Institutional Steam review in the Commission’s Public Pennsylvania Avenue, NW., Generating Units (40 CFR Part 60, Washington, DC 20460, and (2) OMB at: Subpart Db). ¶ 61,260 (2007), order on reh’g, Order No. 697–A, Office of Information and Regulatory ICR Numbers: EPA ICR Number FERC Stats. & Regs. ¶ 31,268 (2008); clarified, 124 Affairs, Office of Management and FERC ¶ 61,055 (2008), order on reh’g, Order No. 1088.12, OMB Control Number 2060– 697–B, FERC Stats. & Regs. ¶ 31,285 (2008), order Budget (OMB), Attention: Desk Officer 0072. on reh’g, Order No. 697–C, FERC Stats. & Regs. for EPA, 725 17th Street, NW., ICR Status: This ICR is scheduled to ¶ 31,291 (2009). Washington, DC 20503. expire on February 28, 2010. Under 3 Standards of Conduct for Transmission FOR FURTHER INFORMATION CONTACT: Providers, Order No. 717, FERC Stats. Regs. OMB regulations, the Agency may ¶ 31,280 (2008), order on reh’g, Order No. 717–A, Robert C. Marshall, Jr., Office of continue to conduct or sponsor the 129 FERC ¶ 61,043 (2009). Compliance, Mail code: 2223A, collection of information while this

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66639

submission is pending at OMB. An Frequency of Response: Initially, • Delivery: OPP Regulatory Public Agency may not conduct or sponsor, occasionally, quarterly, and Docket (7502P), Environmental and a person is not required to respond semiannually. Protection Agency, Rm. S–4400, One to, a collection of information unless it Estimated Total Annual Hour Burden: Potomac Yard (South Bldg.), 2777 S. displays a currently valid OMB control 771,889. Crystal Dr., Arlington, VA. Deliveries number. The OMB control numbers for Estimated Total Annual Cost: are only accepted during the Docket EPA’s regulations in title 40 of the CFR, $94,838,557, which includes Facility’s normal hours of operation after appearing in the Federal Register $63,338,557 in labor costs, $9,000,000 (8:30 a.m. to 4 p.m., Monday through when approved, are listed in 40 CFR in capital/startup costs, and $22,500,000 Friday, excluding legal holidays). part 9, and displayed either by in operation and maintenance (O&M) Special arrangements should be made publication in the Federal Register or costs. for deliveries of boxed information. The by other appropriate means, such as on Changes in the Estimates: The Docket Facility telephone number is the related collection instrument or increase in burden from the most (703) 305–5805. form, if applicable. The display of OMB recently approved ICR is due to Instructions: Direct your comments to control numbers in certain EPA adjustment. The total number of docket ID number EPA–HQ–OPP–2009– regulations is consolidated in 40 CFR respondents has increased from 1,185 to 0822. EPA’s policy is that all comments part 9. 1,500 which results in a greater number received will be included in the docket Abstract: Entities potentially affected of respondents, responses, and burden without change and may be made by this action are the owners or hours. The burden also increased available on-line at http:// operators of industrial/commercial/ somewhat due to calculation errors in www.regulations.gov, including any institutional steam generating units. The the previous ICR that are corrected in personal information provided, unless affected entities are subject to the this ICR. In addition, an increase in the comment includes information General Provisions of the New Source respondent and Agency labor costs claimed to be Confidential Business Performance Standards (NSPS) at 40 resulted from labor rate increases and Information (CBI) or other information CFR part 60, subpart A and any changes, the inclusion of managerial and clerical whose disclosure is restricted by statute. or additions to the General Provisions labor hours. The previous ICR showed Do not submit information that you specified at 40 CFR part 60, subpart Db. only the technical hours. consider to be CBI or otherwise Owners or operators of the affected protected through regulations.gov or e- Dated: December 7, 2009. mail. The regulations.gov website is an facilities must make an initial John Moses, notification, performance tests, and ‘‘anonymous access’’ system, which Director, Collection Strategies Division. periodic reports, and maintain records means EPA will not know your identity of the occurrence and duration of any [FR Doc. E9–29892 Filed 12–15–09; 8:45 am] or contact information unless you startup, shutdown, or malfunction in BILLING CODE 6560–50–P provide it in the body of your comment. the operation of an affected facility, or If you send an e-mail comment directly to EPA without going through any period during which the monitoring ENVIRONMENTAL PROTECTION regulations.gov, your e-mail address system is inoperative. Reports, at a AGENCY will be automatically captured and minimum, are required semiannually. included as part of the comment that is Burden Statement: The annual public [EPA–HQ–OPP–2009–0822; FRL–8797–2] placed in the docket and made available reporting and recordkeeping burden for on the Internet. If you submit an this collection of information is Pesticide Products; Registration electronic comment, EPA recommends estimated to average 214 hours per Applications that you include your name and other response. Burden means the total time, contact information in the body of your effort, or financial resources expended AGENCY: Environmental Protection Agency (EPA). comment and with any disk or CD-ROM by persons to generate, maintain, retain, you submit. If EPA cannot read your ACTION: or disclose or provide information to or Notice. comment due to technical difficulties for a Federal agency. This includes the and cannot contact you for clarification, time needed to review instructions; SUMMARY: This notice announces receipt of applications to register pesticide EPA may not be able to consider your develop, acquire, install, and utilize comment. Electronic files should avoid technology and systems for the purposes products containing new active ingredients not included in any the use of special characters, any form of collecting, validating, and verifying of encryption, and be free of any defects information, processing and currently registered products pursuant to the provisions of section 3(c)(4) of the or viruses. maintaining information, and disclosing Docket: All documents in the docket Federal Insecticide, Fungicide, and and providing information; adjust the are listed in the docket index available Rodenticide Act (FIFRA), as amended. existing ways to comply with any at http://www.regulations.gov. Although previously applicable instructions and DATES: Comments must be received on listed in the index, some information is requirements which have subsequently or before January 15, 2010. not publicly available, e.g., CBI or other changed; train personnel to be able to ADDRESSES: Submit your comments, information whose disclosure is respond to a collection of information; identified by docket identification (ID) restricted by statute. Certain other search data sources; complete and number EPA–HQ–OPP–2009–0822, by material, such as copyrighted material, review the collection of information; one of the following methods: is not placed on the Internet and will be and transmit or otherwise disclose the • Federal eRulemaking Portal: http:// publicly available only in hard copy information. www.regulations.gov. Follow the on-line form. Publicly available docket Respondents/Affected Entities: instructions for submitting comments. materials are available either in the Owners or operators of industrial/ • Mail: Office of Pesticide Programs electronic docket at http:// commercial/institutional steam (OPP) Regulatory Public Docket (7502P), www.regulations.gov, or, if only generating units. Environmental Protection Agency, 1200 available in hard copy, at the OPP Estimated Number of Respondents: Pennsylvania Ave., NW., Washington, Regulatory Public Docket in Rm. S– 1,500. DC 20460–0001. 4400, One Potomac Yard (South Bldg.),

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66640 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

2777 S. Crystal Dr., Arlington, VA. The accordance with procedures set forth in ENVIRONMENTAL PROTECTION hours of operation of this Docket 40 CFR part 2. AGENCY Facility are from 8:30 a.m. to 4 p.m., 2. Tips for preparing your comments. [EPA–HQ–OPP–2009–0362; FRL–8795–6] Monday through Friday, excluding legal When submitting comments, remember holidays. The Docket Facility telephone to: Dibromo-3-nitrilopropionamide et al; number is (703) 305–5805. i. Identify the document by docket ID Antimicrobial Pesticide Registration FOR FURTHER INFORMATION CONTACT: number and other identifying Review Dockets Opened for Review Colin G. Walsh, Biopesticides and information (subject heading, Federal and Comment Pollution Prevention Division (7511P), Register date and page number). Office of Pesticide Programs, AGENCY: Environmental Protection Environmental Protection Agency, 1200 ii. Follow directions. The Agency may Agency (EPA). Pennsylvania Ave., NW., Washington, ask you to respond to specific questions ACTION: Notice. DC 20460–0001; telephone number: or organize comments by referencing a (703) 308–0298; e-mail address: Code of Federal Regulations (CFR) part SUMMARY: EPA has established [email protected]. or section number. registration review dockets for the pesticides listed in the table in Unit SUPPLEMENTARY INFORMATION: iii. Explain why you agree or disagree; suggest alternatives and substitute III.A. With this document, EPA is I. General Information language for your requested changes. opening the public comment period for these registration reviews. Registration iv. Describe any assumptions and A. Does this Action Apply to Me? review is EPA’s periodic review of provide any technical information and/ You may be potentially affected by pesticide registrations to ensure that or data that you used. this action if you are an agricultural each pesticide continues to satisfy the producer, food manufacturer, or v. If you estimate potential costs or statutory standard for registration, that pesticide manufacturer. Potentially burdens, explain how you arrived at is, the pesticide can perform its affected entities may include, but are your estimate in sufficient detail to intended function without unreasonable not limited to: allow for it to be reproduced. adverse effects on human health or the • Crop production (NAICS code 111). vi. Provide specific examples to environment. Registration review • Animal production (NAICS code illustrate your concerns and suggest dockets contain information that will 112). alternatives. assist the public in understanding the • Food manufacturing (NAICS code vii. Explain your views as clearly as types of information and issues that the 311). Agency may consider during the course • Pesticide manufacturing (NAICS possible, avoiding the use of profanity or personal threats. of registration review. Through this code 32532). program, EPA is ensuring that each This listing is not intended to be viii. Make sure to submit your pesticide’s registration is based on exhaustive, but rather provides a guide comments by the comment period current scientific and other knowledge, for readers regarding entities likely to be deadline identified. including its effects on human health affected by this action. Other types of II. Registration Applications and the environment. entities not listed in this unit could also DATES: Comments must be received on be affected. The North American EPA received applications as follows or before March 16, 2010. Industrial Classification System to register pesticide products containing (NAICS) codes have been provided to active ingredients not included in any ADDRESSES: Submit your comments assist you and others in determining previously registered products pursuant identified by the docket identification whether this action might apply to to the provision of section 3(c)(4) of (ID) number for the specific pesticide of certain entities. If you have any FIFRA. Notice of receipt of these interest provided in the table in Unit questions regarding the applicability of III.A., by one of the following methods: applications does not imply a decision • this action to a particular entity, consult by the Agency on the applications. Federal eRulemaking Portal: http:// the person listed under FOR FURTHER www.regulations.gov. Follow the on-line File Symbol: 85937-R; 85937-E. INFORMATION CONTACT. instructions for submitting comments. Applicant: Plant Impact plc; 12 South • Mail: Office of Pesticide Programs B. What Should I Consider as I Prepare Preston Office Village, Cuerdan Way, (OPP) Regulatory Public Docket (7502P), My Comments for EPA? Bamber Bridge, Preston, PR5 6BL Environmental Protection Agency, 1200 1. Submitting CBI. Do not submit this United Kingdom. Product name: Bug Pennsylvania Ave., NW., Washington, information to EPA through Oil Ornamental (85937-R); Bug Oil Food DC 20460–0001. regulations.gov or e-mail. Clearly mark Use (85937-E). Active ingredient: • Delivery: OPP Regulatory Public the part or all of the information that Insecticide and Tagetes Oil at 0.6%. Docket (7502P), Environmental you claim to be CBI. For CBI Proposal classification/Use: Protection Agency, Rm. S–4400, One information in a disk or CD-ROM that Biochemical Insecticide (C.Walsh). Potomac Yard (South Bldg.), 2777 S. you mail to EPA, mark the outside of the List of Subjects Crystal Dr., Arlington, VA. Deliveries disk or CD-ROM as CBI and then are only accepted during the Docket identify electronically within the disk or Environmental protection, Pesticides Facility’s normal hours of operation CD-ROM the specific information that is and pest. (8:30 a.m. to 4 p.m., Monday through claimed as CBI. In addition to one Friday, excluding legal holidays). Dated: November 23, 2009. complete version of the comment that Special arrangements should be made includes information claimed as CBI, a Keith A. Matthews, for deliveries of boxed information. The copy of the comment that does not Acting Director, Biopesticides and Pollution Docket Facility telephone number is contain the information claimed as CBI Prevention Division, Office of Pesticide (703) 305–5805. Programs. must be submitted for inclusion in the Instructions: Direct your comments to public docket. Information so marked [FR Doc. E9–29893 Filed 12–15–09; 8:45 am] the docket ID numbers listed in the table will not be disclosed except in BILLING CODE 6560–50–S in Unit III.A. for the pesticides you are

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66641

commenting on. EPA’s policy is that all Environmental Protection Agency, 1200 v. If you estimate potential costs or comments received will be included in Pennsylvania Ave., NW., Washington, burdens, explain how you arrived at the docket without change and may be DC 20460–0001; telephone number: your estimate in sufficient detail to made available on-line at http:// (703) 603-0523; fax number: (703) 308– allow for it to be reproduced. www.regulations.gov, including any 8090; e-mail address: vi. Provide specific examples to personal information provided, unless [email protected]. illustrate your concerns and suggest the comment includes information SUPPLEMENTARY INFORMATION: alternatives. claimed to be Confidential Business vii. Explain your views as clearly as Information (CBI) or other information I. General Information possible, avoiding the use of profanity whose disclosure is restricted by statute. A. Does this Action Apply to Me? or personal threats. Do not submit information that you viii. Make sure to submit your consider to be CBI or otherwise This action is directed to the public comments by the comment period protected through regulations.gov or e- in general, and may be of interest to a deadline identified. mail. The regulations.gov website is an wide range of stakeholders including 3. Environmental justice. EPA seeks to ‘‘anonymous access’’ system, which environmental, human health, achieve environmental justice, the fair means EPA will not know your identity farmworker, and agricultural advocates; treatment and meaningful involvement or contact information unless you the chemical industry; pesticide users; of any group, including minority and/or provide it in the body of your comment. and members of the public interested in low income populations, in the If you send an e-mail comment directly the sale, distribution, or use of development, implementation, and to EPA without going through pesticides. Since others also may be enforcement of environmental laws, regulations.gov, your e-mail address interested, the Agency has not regulations, and policies. To help will be automatically captured and attempted to describe all the specific address potential environmental justice included as part of the comment that is entities that may be affected by this issues, the Agency seeks information on placed in the docket and made available action. If you have any questions any groups or segments of the on the Internet. If you submit an regarding the applicability of this action population who, as a result of their electronic comment, EPA recommends to a particular entity, consult the person location, cultural practices, or other that you include your name and other listed under FOR FURTHER INFORMATION factors, may have atypical or contact information in the body of your CONTACT. disproportionately high and adverse comment and with any disk or CD-ROM B. What Should I Consider as I Prepare human health impacts or environmental you submit. If EPA cannot read your My Comments for EPA? effects from exposure to the pesticides comment due to technical difficulties discussed in this document, compared 1. Submitting CBI. Do not submit this and cannot contact you for clarification, to the general population. information to EPA through EPA may not be able to consider your regulations.gov or e-mail. Clearly mark II. Authority comment. Electronic files should avoid the part or all of the information that the use of special characters, any form EPA is initiating its reviews of the you claim to be CBI. For CBI of encryption, and be free of any defects pesticides identified in this document information in a disk or CD-ROM that or viruses. pursuant to section 3(g) of the Federal you mail to EPA, mark the outside of the Docket: All documents in the docket Insecticide, Fungicide, and Rodenticide disk or CD-ROM as CBI and then are listed in the docket index available Act (FIFRA) and the Procedural identify electronically within the disk or at http://www.regulations.gov. Although Regulations for Registration Review at CD-ROM the specific information that is listed in the index, some information is 40 CFR part 155, subpart C. Section 3(g) claimed as CBI. In addition to one not publicly available, e.g., CBI or other of FIFRA provides, among other things, complete version of the comment that information whose disclosure is that the registrations of pesticides are to includes information claimed as CBI, a restricted by statute. Certain other be reviewed every 15 years. Under copy of the comment that does not material, such as copyrighted material, FIFRA section 3(a), a pesticide product contain the information claimed as CBI is not placed on the Internet and will be may be registered or remain registered must be submitted for inclusion in the publicly available only in hard copy only if it meets the statutory standard public docket. Information so marked form. Publicly available docket for registration given in FIFRA section will not be disclosed except in materials are available either in the 3(c)(5). When used in accordance with accordance with procedures set forth in electronic docket at http:// widespread and commonly recognized 40 CFR part 2. www.regulations.gov, or, if only practice, the pesticide product must 2. Tips for preparing your comments. perform its intended function without available in hard copy, at the OPP When submitting comments, remember Regulatory Public Docket in Rm. S– unreasonable adverse effects on the to: environment; that is, without any 4400, One Potomac Yard (South Bldg.), i. Identify the document by docket ID 2777 S. Crystal Dr., Arlington, VA. The unreasonable risk to man or the number and other identifying environment, or a human dietary risk hours of operation of this Docket information (subject heading, Federal Facility are from 8:30 a.m. to 4 p.m., from residues that result from the use of Register date and page number). a pesticide in or on food. Monday through Friday, excluding legal ii. Follow directions. The Agency may holidays. The Docket Facility telephone ask you to respond to specific questions III. Registration Reviews number is (703) 305–5805. or organize comments by referencing a A. What Action is the Agency Taking? FOR FURTHER INFORMATION CONTACT: For Code of Federal Regulations (CFR) part pesticide specific information contact: or section number. As directed by FIFRA section 3(g), The Chemical Review Manager iii. Explain why you agree or disagree; EPA is reviewing the pesticide identified in the table in Unit III.A. for suggest alternatives and substitute registrations identified in the table in the pesticide of interest. language for your requested changes. this unit to assure that they continue to For general information contact: iv. Describe any assumptions and satisfy the FIFRA standard for Lance Wormell, Antimicrobials Division provide any technical information and/ registration— that is, they can still be (7510P), Office of Pesticide Programs, or data that you used. used without unreasonable adverse

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66642 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

effects on human health or the establishes a docket for the pesticide’s At present, EPA is opening registration environment. A pesticide’s registration registration review case and opens the review dockets for the cases identified review begins when the Agency docket for public review and comment. in the following table:

TABLE—REGISTRATION REVIEW DOCKETS OPENING

Chemical Review Manager, Telephone Num- Registration Review Case Name and Number Docket ID Number ber, E-mail Address

Disodium cyanodithioimidocarbamate (DCDIC) EPA–HQ–OPP–2009–0723 Monisha Harris (case 3065) (703) 308–0410 [email protected]

Dibromo-3-nitrilopropionamide (DBNPA) (case EPA–HQ–OPP–2009–0724 Eliza Blair 3056) (703) 308–7279 [email protected]

2-Mercaptobenzothiazole (case 2380) EPA–HQ–OPP–2009–0725 Eliza Blair, (703) 308–7279 [email protected]

Bromohydroxyacetophenone (BHAP) (case EPA–HQ–OPP–2009–0726 K. Avivah Jakob, 3032) (703) 305–1328 [email protected]

Lauryl Sulfate Salts (case 4061) EPA–HQ–OPP–2009–0727 Monisha Harris, (703) 308–0410 [email protected]

B. Docket Content be located in the registration review should reconsider the data or 1. Review dockets. The registration schedule on the Agency’s website at information in the pesticide’s http://www.epa.gov/oppsrrd1/ registration review. review dockets contain information that _ • the Agency may consider in the course registration review/schedule.htm. As provided in 40 CFR 155.58, the of the registration review. The Agency Information on the Agency’s registration registration review docket for each may include information from its files review program and its implementing pesticide case will remain publicly including, but not limited to, the regulation may be seen at http:// accessible through the duration of the www.epa.gov/oppsrrd1/ registration review process; that is, until following information: _ • An overview of the registration registration review. all actions required in the final decision review case status. 3. Information submission on the registration review case have • A list of current product requirements. Anyone may submit data been completed. registrations and registrants. or information in response to this • Federal Register notices regarding document. To be considered during a List of Subjects any pending registration actions. pesticide’s registration review, the Environmental protection, Pesticides • Federal Register notices regarding submitted data or information must and pests, Antimicrobials, Dibromo-3- current or pending tolerances. meet the following requirements: nitrilopropionamide, (DBNPA), 2- • • Risk assessments. To ensure that EPA will consider Mercaptobenzothiazole, • Bibliographies concerning current data or information submitted, Bromohydroxyacetophenone, (BHAP), registrations. interested persons must submit the data • Disodium cyanodithioimidocarbamate, Summaries of incident data. or information during the comment (DCDIC), Lauryl Sulfate Salts. • Any other pertinent data or period. The Agency may, at its information. discretion, consider data or information Dated: November 4, 2009. Each docket contains a document submitted at a later date. Joan Harrigan Farrelly, summarizing what the Agency currently • The data or information submitted Director, Antimicrobials Division, Office of knows about the pesticide case and a must be presented in a legible and PesticidePrograms. preliminary work plan for anticipated useable form. For example, an English [FR Doc. E9–29592 Filed 12–15–09; 8:45 am] data and assessment needs. Additional translation must accompany any BILLING CODE 6560–50–S documents provide more detailed material that is not in English and a information. During this public written transcript must accompany any comment period, the Agency is asking information submitted as an ENVIRONMENTAL PROTECTION that interested persons identify any audiographic or videographic record. AGENCY additional information they believe the Written material may be submitted in Agency should consider during the paper or electronic form. [EPA–HQ–OPP–2008-0347; FRL–8803–9] • registration reviews of these pesticides. Submitters must clearly identify the Carbaryl; Product Cancellation Order The Agency identifies in each docket source of any submitted data or the areas where public comment is information. AGENCY: Environmental Protection specifically requested, though comment • Submitters may request the Agency Agency (EPA). in any area is welcome. to reconsider data or information that ACTION: Notice. 2. Other related information. More the Agency rejected in a previous information on these cases, including review. However, submitters must SUMMARY: This Notice announces EPA’s the active ingredients for each case, may explain why they believe the Agency order for the cancellations, voluntarily

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66643

requested by the registrant and accepted B. How Can I Get Copies of this their carbaryl pet collar products; by the Agency, of products containing Document and Other Related however, BioSpot objects to EPA’s the pesticide, carbaryl, pursuant to Information? proposal to allow persons other than the section 6(f)(1) of the Federal Insecticide, EPA has established a docket for this registrant to continue to sell existing Fungicide, and Rodenticide Act action under docket identification (ID) stocks of canceled products until such (FIFRA), as amended. This cancellation number EPA–HQ–OPP–2008–0347. stocks are exhausted. BioSpot raises the order follows an October 21, 2009 Publicly available docket materials are concern that children will be exposed to Federal Register Notice of Receipt of available either in the electronic docket carbaryl pet collars well beyond Request from the carbaryl registrant to at http://www.regulations.gov, or, if only December 30, 2010, and therefore, urges voluntarily cancel their carbaryl pet available in hard copy, at the Office of EPA to consider prohibiting all persons collar product registrations. These are Pesticide Programs (OPP) Regulatory from selling existing stocks of carbaryl not the last carbaryl products registered Public Docket in Rm. S–4400, One pet collar products after December 30, for use in the United States; however, Potomac Yard (South Bldg.), 2777 S. 2010. BioSpot did not provide any they are the last carbaryl products Crystal Dr., Arlington, VA. The hours of information to support or substantiate registered for use on pets. In the October operation of this Docket Facility are this concern. 21, 2009 Notice, EPA indicated that it from 8:30 a.m. to 4 p.m., Monday Based on its use pattern, the Agency would issue an order implementing the through Friday, excluding legal understands that the shelf-life for cancellations, unless the Agency holidays. The Docket Facility telephone treated pet collars, in general, is short. received substantive comments within number is (703) 305–5805. Further, based on conversations with the 30–day comment period that would the registrant, the Agency understands merit its further review of these II. What Action is the Agency Taking? that a 3 month shelf-life for the requests, or unless the registrant This Notice announces, effective registrant’s pet collar products is withdrew its request within this period. September 30, 2010, the cancellation, as typical, and therefore, the EPA expects The Agency received one comment on requested by the registrant Wellmark that any existing stocks of carbaryl pet the Notice, but it did not merit further International of certain end-use carbaryl collars will move through the channels review of the request. Further, the products registered under section 3 of of trade quickly. This is reflected in the registrant did not withdraw its request. FIFRA. These registrations are listed in existing stocks provision which only Accordingly, EPA hereby issues in this sequence by registration number in allows the registrant to sell or distribute Notice a cancellation order granting the Table 1 of this unit. existing stocks for 3 months after the requested cancellations. Any effective date of this order. distribution, sale, or use of the carbaryl TABLE 1.—CARBARYL PRODUCT Additionally, these products are labeled products subject to this cancellation CANCELLATIONS for up to 4 months of effective flea order is permitted only in accordance protection; direct the user to replace the collar after 4 months, if necessary; and with the terms of this order, including Registration Num- Product Name any existing stocks provisions. ber instruct the user not to reuse the collar. The Agency believes if the collars are DATES: The cancellations of the products 2724–272 Flea Collar RF-76 for used in the manner consistent with the listed in Table 1 of Unit II. are effective Cats labeling, and the law, and discarded September 30, 2010. 2724–273 Flea Collar RF-75 for properly as directed, the existing stocks FOR FURTHER INFORMATION CONTACT: Dogs will, again, move through the channels Jacqueline Guerry, Pesticide Re- of trade quickly. Thus, EPA disagrees Evaluation Division, Office of Pesticide Table 2 of this unit includes the name with BioSpot’s claim that the existing Programs, Environmental Protection and address of record of the registrant stock provision in this Notice will allow Agency, 1200 Pennsylvania Ave., NW., of the products in Table 1 of this unit. exposure to carbaryl pet collars to Washington, DC 20460–0001; telephone extend ‘‘well beyond’’ December 30, number: (215) 814–2184; fax number: TABLE 2.—REGISTRANTS OF 2010. (215) 814–3113; e-mail address: CANCELLED CARBARYL PRODUCTS In addition, the Agency’s Existing [email protected]. Stocks Policy (56 FR 29362) June, 26, SUPPLEMENTARY INFORMATION: EPA Company Company Name and Ad- 1991, generally provides that if the Number dress Agency has not identified a particular I. General Information risk concern, registrants will generally 2724 Wellmark International be permitted to sell or distribute A. Does this Action Apply to Me? 1501 E. Woodfield Road, existing stocks for 1 year after the This action is directed to the public Suite 200 cancellation request was received and in general, and may be of interest to a WestSchaumburg, Illinois 60173 that persons other than the registrant wide range of stakeholders including will generally be allowed to sell, environmental, human health, and distribute, or use existing stocks until III. Summary of Public Comments agricultural advocates; the chemical such stocks are exhausted. The policy Received and Agency Response to industry; pesticide users; and members also explains that where EPA has Comments of the public interested in the sale, identified a particular risk issue, the distribution, or use of pesticides. Since The Agency received one comment in Agency will generally weigh the risk others also may be interested, the response to the October 21, 2009, against the benefits of allowing any Agency has not attempted to describe all Carbaryl; Notice of Receipt of a Request continued sale, distribution, or use on a the specific entities that may be affected to Voluntarily Cancel Pesticide case-by-case basis. In doing so, one of by this action. If you have any questions Registrations to Terminate Use of the factors that the Agency may take regarding the applicability of this action Certain Products, from into consideration is the degree to to a particular entity, consult the person BioSpotVictims.org (BioSpot), a non- which the registrant’s actions listed under FOR FURTHER INFORMATION profit organization. BioSpot supports accelerated the removal of the pesticide CONTACT. the decision by the registrant to cancel from the market, and whether the

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66644 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

cancellation would have occurred at all The cancellation order issued in this • Delivery: OPP Regulatory Public without the existing stocks provision. Notice includes the following existing Docket (7502P), Environmental (56 FR 29365). stocks provisions. Protection Agency, Rm. S–4400, One The registrant’s voluntary The registrant may sell or distribute Potomac Yard (South Bldg.), 2777 S. cancellation request is conditioned existing stocks of the products Crystal Dr., Arlington, VA. Deliveries upon the inclusion of the proposed identified in Table 1 of Unit II until are only accepted during the Docket existing stocks provision. Thus, one of December 30, 2010. All sale or Facility’s normal hours of operation the things EPA has considered in distribution of existing stocks by the (8:30 a.m. to 4 p.m., Monday through deciding whether to allow any registrant is prohibited after December Friday, excluding legal holidays). continued sale, distribution, or use of 30, 2010, unless that sale or distribution Special arrangements should be made existing stocks is the exposure that is solely for the purpose of facilitating for deliveries of boxed information. The might result absent the voluntary disposal or export of the product. The Docket Facility telephone number is cancellation—even if EPA otherwise Agency will allow persons other than (703) 305–5805. would have initiated cancellation the registrant to continue to sell and/or Instructions: Direct your comments to proceedings. EPA has determined that use existing stocks of canceled products docket ID number EPA–HQ–OPP–2009– granting this request with the proposed until such stocks are exhausted, 0821 and the pesticide petition number existing stocks provision will result in provided that such use is consistent (PP) 9F7619. EPA’s policy is that all the removal of carbaryl pet collar with the terms of the previously comments received will be included in products from the market sooner (and approved labeling on, or that the docket without change and may be certainly with the expenditure of far accompanied, the canceled product. made available on-line at http:// fewer resources) than if EPA were to www.regulations.gov, including any initiate cancellation proceedings. For List of Subjects personal information provided, unless the comment includes information these reasons, the Agency does not Environmental protection, Pesticides claimed to be Confidential Business believe that the comments submitted and pests. during the comment period merit Information (CBI) or other information further review or a denial of the requests Dated: December 9, 2009. whose disclosure is restricted by statute. for voluntary cancellation. Richard P. Keigwin, Jr., Do not submit information that you consider to be CBI or otherwise IV. Cancellation Order Director, Pesticide Re-evaluation Division, Office of Pesticide Programs. protected through regulations.gov or e- Pursuant to FIFRA section 6(f), EPA mail. The regulations.gov website is an hereby approves the requested [FR Doc. E9–29894 Filed 12–15–09; 8:45 am] ‘‘anonymous access’’ system, which cancellations of the carbaryl BILLING CODE 6560–50–S means EPA will not know your identity registrations identified in Table 1 of or contact information unless you Unit II. Accordingly, effective provide it in the body of your comment. September 30, 2010, the Agency orders ENVIRONMENTAL PROTECTION If you send an e-mail comment directly that the carbaryl product registrations AGENCY to EPA without going through identified in Table 1 of Unit II are [EPA–HQ–OPP–2009–0821; FRL–8797–3] regulations.gov, your e-mail address canceled. After September 30, 2010, any will be automatically captured and distribution, sale, or use of existing Notice of Receipt of a Pesticide included as part of the comment that is stocks of the products identified in Petition Filed for Residues of Pesticide placed in the docket and made available Table 1 of Unit II in a manner Chemicals in or on Various on the Internet. If you submit an inconsistent with any of the Provisions Commodities electronic comment, EPA recommends for Disposition of Existing Stocks set that you include your name and other AGENCY: Environmental Protection forth in Unit VI. will be considered a contact information in the body of your Agency (EPA). violation of FIFRA. comment and with any disk or CD-ROM ACTION: Notice. you submit. If EPA cannot read your V. What is the Agency’s Authority for comment due to technical difficulties SUMMARY: This notice announces the Taking this Action? and cannot contact you for clarification, Agency’s receipt of an initial filing of a Section 6(f)(1) of FIFRA provides that EPA may not be able to consider your pesticide petition proposing the a registrant of a pesticide product may comment. Electronic files should avoid establishment or modification of at any time request that any of its the use of special characters, any form regulations for residues of pesticide pesticide registrations be canceled or of encryption, and be free of any defects chemicals in or on various commodities. amended to terminate one or more uses. or viruses. FIFRA further provides that, before DATES: Comments must be received on Docket: All documents in the docket acting on the request, EPA must publish or before January 15, 2010. are listed in the docket index available a Notice of Receipt of any such request ADDRESSES: Submit your comments, at http://www.regulations.gov. Although in the Federal Register. Thereafter, identified by docket identification (ID) listed in the index, some information is following the public comment period, number EPA–HQ–OPP–2009–0821 and not publicly available, e.g., CBI or other the Administrator may approve such a the pesticide petition number (PP) information whose disclosure is request. 9F7619, by one of the following restricted by statute. Certain other methods: material, such as copyrighted material, VI. Provisions for Disposition of • Federal eRulemaking Portal: http:// is not placed on the Internet and will be Existing Stocks www.regulations.gov. Follow the on-line publicly available only in hard copy Existing stocks are those stocks of instructions for submitting comments. form. Publicly available docket registered pesticide products which are • Mail: Office of Pesticide Programs materials are available either in the currently in the United States and (OPP) Regulatory Public Docket (7502P), electronic docket at http:// which were packaged, labeled, and Environmental Protection Agency, 1200 www.regulations.gov, or, if only released for shipment prior to the Pennsylvania Ave., NW., Washington, available in hard copy, at the OPP effective date of the cancellation action. DC 20460–0001. Regulatory Public Docket in Rm. S–

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66645

4400, One Potomac Yard (South Bldg.), will not be disclosed except in this time or whether the data supports 2777 S. Crystal Dr., Arlington, VA. The accordance with procedures set forth in granting of the pesticide petition. hours of operation of this Docket 40 CFR part 2. Additional data may be needed before Facility are from 8:30 a.m. to 4 p.m., 2. Tips for preparing your comments. EPA can make a final determination on Monday through Friday, excluding legal When submitting comments, remember this pesticide petition. holidays. The Docket Facility telephone to: Pursuant to 40 CFR 180.7(f), a number is (703) 305–5805. i. Identify the document by docket ID summary of the petition that is the FOR FURTHER INFORMATION CONTACT: number and other identifying subject of this notice, prepared by the Colin G. Walsh, Biopesticides and information (subject heading, Federal petitioner, is included in a docket EPA Pollution Prevention Division (7511P), Register date and page number). has created for this rulemaking. The Office of Pesticide Programs, ii. Follow directions. The Agency may docket for this petition is available on- Environmental Protection Agency, 1200 ask you to respond to specific questions line at http://www.regulations.gov. Pennsylvania Ave., NW., Washington, or organize comments by referencing a As specified in FFDCA section DC 20460–0001; telephone number: Code of Federal Regulations (CFR) part 408(d)(3), (21 U.S.C. 346a(d)(3)), EPA is (703) 308–0298; e-mail address: or section number. publishing notice of the petition so that [email protected]. iii. Explain why you agree or disagree; the public has an opportunity to suggest alternatives and substitute comment on this request for the SUPPLEMENTARY INFORMATION: language for your requested changes. establishment or modification of I. General Information iv. Describe any assumptions and regulations for residues of pesticides in provide any technical information and/ A. Does this Action Apply to Me? or on food commodities. Further or data that you used. information on the petition may be You may be potentially affected by v. If you estimate potential costs or obtained through the petition summary this action if you are an agricultural burdens, explain how you arrived at referenced in this unit. producer, food manufacturer, or your estimate in sufficient detail to pesticide manufacturer. Potentially allow for it to be reproduced. New Tolerance affected entities may include, but are vi. Provide specific examples to PP 9F7619. EPA–HQ–OPP–2009– not limited to: illustrate your concerns and suggest 0821. EPA has received a pesticide • Crop production (NAICS code 111). alternatives. petition PP 9F7619, from Plant Impact • Animal production (NAICS code vii. Explain your views as clearly as plc, 12 South Preston Office Village, 112). possible, avoiding the use of profanity • Cuerdan Way, Bamber Bridge, Preston, Food manufacturing (NAICS code or personal threats. PR5 6BL United Kingdom, proposing, viii. Make sure to submit your 311). pursuant to section 408(d) of the Federal • Pesticide manufacturing (NAICS comments by the comment period Food, Drug, and Cosmetic Act (FFDCA), code 32532). deadline identified. 21 U.S.C. 346a(d), to amend 40 CFR part This listing is not intended to be 3. Environmental justice. EPA seeks to 180, to establish an exemption from the exhaustive, but rather provides a guide achieve environmental justice, the fair requirement of a tolerance for the for readers regarding entities likely to be treatment and meaningful involvement biochemical pesticide tagetes oil, CAS affected by this action. Other types of of any group, including minority and/or Number 8016–84–0 in or on all food entities not listed in this unit could also low-income populations, in the commodities including use on all food be affected. The North American development, implementation, and crops in EPA’s crop groups 1–21. Industrial Classification System enforcement of environmental laws, (NAICS) codes have been provided to regulations, and policies. To help List of Subjects assist you and others in determining address potential environmental justice Environmental protection, whether this action might apply to issues, the Agency seeks information on Agricultural commodities, Feed certain entities. If you have any any groups or segments of the additives, Food additives, Pesticides questions regarding the applicability of population who, as a result of their and pests, Reporting and recordkeeping this action to a particular entity, consult location, cultural practices, or other requirements. the person listed under FOR FURTHER factors, may have a typical or INFORMATION CONTACT. disproportionately high and adverse Dated: November 23, 2009. human health impacts or environmental Keith A. Matthews, B. What Should I Consider as I Prepare effects from exposure to the pesticides Acting Director, Biopesticides and Pollution My Comments for EPA? discussed in this document, compared Prevention Division, Office of Pesticide 1. Submitting CBI. Do not submit this to the general population. Programs. information to EPA through II. What Action is the Agency Taking? [FR Doc. E9–29896 Filed 12–15–09; 8:45 am] regulations.gov or e-mail. Clearly mark BILLING CODE 6560–50–S the part or all of the information that EPA is announcing receipt of a you claim to be CBI. For CBI pesticide petition filed under section information in a disk or CD-ROM that 408 of the Federal Food, Drug, and ENVIRONMENTAL PROTECTION you mail to EPA, mark the outside of the Cosmetic Act (FFDCA), 21 U.S.C. 346a, AGENCY disk or CD-ROM as CBI and then proposing the establishment or identify electronically within the disk or modification of regulations in 40 CFR [EPA–HQ–OPP–2009–0870; FRL–8802–8] CD-ROM the specific information that is part 174 or part 180 for residues of claimed as CBI. In addition to one pesticide chemicals in or on various Registration Review; Pesticide complete version of the comment that food commodities. EPA has determined Dockets Opened for Review and includes information claimed as CBI, a that the pesticide petition described in Comment copy of the comment that does not this notice contains data or information AGENCY: Environmental Protection contain the information claimed as CBI prescribed in FFDCA section 408(d)(2); Agency (EPA). must be submitted for inclusion in the however, EPA has not fully evaluated ACTION: Notice. public docket. Information so marked the sufficiency of the submitted data at

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66646 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

SUMMARY: EPA has established commenting on. EPA’s policy is that all Programs, Environmental Protection registration review dockets for the comments received will be included in Agency, 1200 Pennsylvania Ave., NW., pesticides listed in the table in Unit the docket without change and may be Washington, DC 20460–0001; telephone III.A. With this document, EPA is made available on-line at http:// number: (703) 305–5026; fax number: opening the public comment period for www.regulations.gov, including any (703) 308–8090; e-mail address: these registration reviews. Registration personal information provided, unless costello.kevin @epa.gov. review is EPA’s periodic review of the comment includes information SUPPLEMENTARY INFORMATION: pesticide registrations to ensure that claimed to be Confidential Business each pesticide continues to satisfy the Information (CBI) or other information I. General Information statutory standard for registration—that whose disclosure is restricted by statute. A. Does this Action Apply to Me? is, the pesticide can perform its Do not submit information that you This action is directed to the public intended function without unreasonable consider to be CBI or otherwise in general, and may be of interest to a adverse effects on human health or the protected through regulations.gov or e- wide range of stakeholders including environment. Registration review mail. The regulations.gov website is an environmental, human health, dockets contain information that will ‘‘anonymous access’’ system, which farmworker, and agricultural advocates; assist the public in understanding the means EPA will not know your identity the chemical industry; pesticide users; types of information and issues that the or contact information unless you and members of the public interested in Agency may consider during the course provide it in the body of your comment. the sale, distribution, or use of of registration reviews. Through this If you send an e-mail comment directly pesticides. Since others also may be program, EPA is ensuring that each to EPA without going through interested, the Agency has not pesticide’s registration is based on regulations.gov, your e-mail address attempted to describe all the specific current scientific and other knowledge, will be automatically captured and entities that may be affected by this including its effects on human health included as part of the comment that is action. If you have any questions and the environment. This document placed in the docket and made available regarding the applicability of this action also announces the Agency’s intent not on the Internet. If you submit an to a particular entity, consult the person to open registration review dockets for electronic comment, EPA recommends listed under FOR FURTHER INFORMATION aldoxycarb, 1 RS cis-permethrin, and that you include your name and other CONTACT. cyhexatin. These pesticides do not contact information in the body of your currently have any actively registered comment and with any disk or CD-ROM B. What Should I Consider as I Prepare pesticide products and are therefore not you submit. If EPA cannot read your My Comments for EPA? scheduled for review under the comment due to technical difficulties 1. Submitting CBI. Do not submit this registration review program. and cannot contact you for clarification, information to EPA through Additionally, this document announces EPA may not be able to consider your regulations.gov or e-mail. Clearly mark that the Agency is not opening a comment. Electronic files should avoid the part or all of the information that registration review docket for the use of special characters, any form you claim to be CBI. For CBI carbofuran because cancellation is in of encryption, and be free of any defects information in a disk or CD-ROM that process. or viruses. you mail to EPA, mark the outside of the DATES: Comments must be received on Docket: All documents in the docket disk or CD-ROM as CBI and then or before February 16, 2010. are listed in the docket index available identify electronically within the disk or at http://www.regulations.gov. Although ADDRESSES: Submit your comments CD-ROM the specific information that is listed in the index, some information is identified by the docket identification claimed as CBI. In addition to one not publicly available, e.g., CBI or other (ID) number for the specific pesticide of complete version of the comment that information whose disclosure is interest provided in the table in Unit includes information claimed as CBI, a restricted by statute. Certain other III.A., by one of the following methods: copy of the comment that does not • Federal eRulemaking Portal: http:// material, such as copyrighted material, contain the information claimed as CBI www.regulations.gov. Follow the on-line is not placed on the Internet and will be must be submitted for inclusion in the instructions for submitting comments. publicly available only in hard copy public docket. Information so marked • Mail: Office of Pesticide Programs form. Publicly available docket will not be disclosed except in (OPP) Regulatory Public Docket (7502P), materials are available either in the accordance with procedures set forth in Environmental Protection Agency, 1200 electronic docket at http:// 40 CFR part 2. Pennsylvania Ave., NW., Washington, www.regulations.gov, or, if only 2. Tips for preparing your comments. DC 20460–0001. available in hard copy, at the OPP When submitting comments, remember • Delivery: OPP Regulatory Public Regulatory Public Docket in Rm. S– to: Docket (7502P), Environmental 4400, One Potomac Yard (South Bldg.), i. Identify the document by docket ID Protection Agency, Rm. S–4400, One 2777 S. Crystal Dr., Arlington, VA. The number and other identifying Potomac Yard (South Bldg.), 2777 S. hours of operation of this Docket information (subject heading, Federal Crystal Dr., Arlington, VA. Deliveries Facility are from 8:30 a.m. to 4 p.m., Register date and page number). are only accepted during the Docket Monday through Friday, excluding legal ii. Follow directions. The Agency may Facility’s normal hours of operation holidays. The Docket Facility telephone ask you to respond to specific questions (8:30 a.m. to 4 p.m., Monday through number is (703) 305–5805. or organize comments by referencing a Friday, excluding legal holidays). FOR FURTHER INFORMATION CONTACT: For Code of Federal Regulations (CFR) part Special arrangements should be made pesticide specific information contact: or section number. for deliveries of boxed information. The The Chemical Review Manager iii. Explain why you agree or disagree; Docket Facility telephone number is identified in the table in Unit III.A. for suggest alternatives and substitute (703) 305–5805. the pesticide of interest. language for your requested changes. Instructions: Direct your comments to For general information contact: iv. Describe any assumptions and the docket ID numbers listed in the table Kevin Costello, Pesticide Re-evaluation provide any technical information and/ in Unit III.A. for the pesticides you are Division (7508P), Office of Pesticide or data that you used.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66647

v. If you estimate potential costs or factors, may have atypical or unreasonable adverse effects on the burdens, explain how you arrived at disproportionately high and adverse environment; that is, without any your estimate in sufficient detail to human health impacts or environmental unreasonable risk to man or the allow for it to be reproduced. effects from exposure to the pesticide(s) environment, or a human dietary risk vi. Provide specific examples to discussed in this document, compared from residues that result from the use of illustrate your concerns and suggest to the general population. a pesticide in or on food. alternatives. vii. Explain your views as clearly as II. Authority III. Registration Reviews possible, avoiding the use of profanity EPA is initiating its reviews of the A. What Action is the Agency Taking? or personal threats. pesticides identified in this document viii. Make sure to submit your pursuant to section 3(g) of the Federal As directed by FIFRA section 3(g), comments by the comment period Insecticide, Fungicide, and Rodenticide EPA is reviewing the pesticide deadline identified. Act (FIFRA) and the Procedural registrations identified in the table in 3. Environmental justice. EPA seeks to Regulations for Registration Review at this unit to assure that they continue to achieve environmental justice, the fair 40 CFR part 155, subpart C. Section 3(g) satisfy the FIFRA standard for treatment and meaningful involvement of FIFRA provides, among other things, registration—that is, they can still be of any group, including minority and/or that the registrations of pesticides are to used without unreasonable adverse low income populations, in the be reviewed every 15 years. Under effects on human health or the development, implementation, and FIFRA, a pesticide product may be environment. A pesticide’s registration enforcement of environmental laws, registered or remain registered only if it review begins when the Agency regulations, and policies. To help meets the statutory standard for establishes a docket for the pesticide’s address potential environmental justice registration given in FIFRA section registration review case and opens the issues, the Agency seeks information on 3(c)(5). When used in accordance with docket for public review and comment. any groups or segments of the widespread and commonly recognized At present, EPA is opening registration population who, as a result of their practice, the pesticide product must review dockets for the cases identified location, cultural practices, or other perform its intended function without in the following table:

TABLE—REGISTRATION REVIEW DOCKETS OPENING

Registration Review Case Name and Chemical Review Manager Telephone Number, E-mail Number Docket ID Number Address

Azoxystrobin (7020) EPA–HQ–OPP–2009–0835 Kelly Ballard 703–305–8126 [email protected]

Cyphenothrin (7412) EPA–HQ–OPP–2009–0842 Joy Schnackenbeck 703–308–8072 [email protected]

Difenzoquat (0223) EPA–HQ–OPP–2009–0787 Eric Miederhoff 703–347–8028 [email protected]

Diquat Dibromide (0288) EPA–HQ–OPP–2009–0846 Eric Miederhoff 703–347–8028 [email protected]

Esfenvalerate (7406) EPA–HQ–OPP–2009–0301 Molly Clayton 703–603–0522 [email protected]

Metalaxyl & Mefenoxam (0081) EPA–HQ–OPP–2009–0863 Katherine St Clair 703–347–8778 St [email protected]

Propoxur (2555) EPA–HQ–OPP–2009–0806 Monica Wait 703–347–8019 [email protected]

Thiodicarb (2675) EPA–HQ–OPP–2009–0432 Dana Friedman 703–347–8827 [email protected]

Fenbutatin Oxide (245) EPA–HQ–OPP–2009–0841 James Parker 703–306–0469 [email protected]

EPA is also announcing that it will because these pesticides are not Agency will take separate actions to not be opening a docket for aldoxycarb, included in any products actively cancel any remaining FIFRA section 1 RS cis-permethrin, and cyhexatin registered under FIFRA section 3. The 24(c) Special Local Needs registrations

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66648 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

with these active ingredients and to or information during the comment any penalty for failing to comply with propose revocation of any affected period. The Agency may, at its a collection of information subject to the tolerances that are not supported for discretion, consider data or information Paperwork Reduction Act (PRA) that import purposes only. Additionally, this submitted at a later date. does not display a valid control number. document announces that the Agency is • The data or information submitted Comments are requested concerning (a) not opening a registration review docket must be presented in a legible and whether the proposed collection of for carbofuran because cancellation is in useable form. For example, an English information is necessary for the proper process. translation must accompany any performance of the functions of the material that is not in English and a Commission, including whether the B. Docket Content written transcript must accompany any information shall have practical utility; 1. Review dockets. The registration information submitted as an (b) the accuracy of the Commission’s review dockets contain information that audiographic or videographic record. burden estimate; (c) ways to enhance the Agency may consider in the course Written material may be submitted in the quality, utility, and clarity of the of the registration review. The Agency paper or electronic form. information collected; and (d) ways to may include information from its files • Submitters must clearly identify the minimize the burden of the collection of including, but not limited to, the source of any submitted data or information on the respondents, following information: information. including the use of automated • An overview of the registration • Submitters may request the Agency collection techniques or other forms of review case status. to reconsider data or information that information technology. • A list of current product the Agency rejected in a previous DATES: Persons wishing to comment on registrations and registrants. review. However, submitters must this information collection should • Federal Register notices regarding explain why they believe the Agency submit comments by February 16, 2010. any pending registration actions. should reconsider the data or • Federal Register notices regarding If you anticipate that you will be information in the pesticide’s submitting comments, but find it current or pending tolerances. registration review. • Risk assessments. difficult to do so within the period of • As provided in 40 CFR 155.58, the time allowed by this notice, you should Bibliographies concerning current registration review docket for each registrations. advise the contact listed below as soon • pesticide case will remain publicly as possible. Summaries of incident data. accessible through the duration of the • Any other pertinent data or ADDRESSES: Direct all PRA comments to registration review process; that is, until information. Nicholas A. Fraser, Office of all actions required in the final decision Each docket contains a document Management and Budget (OMB), via fax on the registration review case have summarizing what the Agency currently at (202) 395–5167, or via the Internet at been completed. knows about the pesticide case and a [email protected] and preliminary work plan for anticipated List of Subjects to Cathy Williams, Federal data and assessment needs. Additional Environmental protection, Pesticides Communications Commission (FCC), documents provide more detailed and pests. 445 12th Street, SW, Washington, DC information. During this public 20554. To submit your comments by e– comment period, the Agency is asking Dated: December 9, 2009. mail send then to: [email protected] and to that interested persons identify any Richard P. Keigwin, Jr., [email protected]. additional information they believe the Director, Pesticide Re-evaluation Division, FOR FURTHER INFORMATION CONTACT: For Agency should consider during the Office of Pesticide Programs. additional information about the registration reviews of these pesticides. [FR Doc. E9–29895 Filed 12–15–09; 8:45 am] information collection(s) send an e–mail The Agency identifies in each docket BILLING CODE 6560–50–S to [email protected] or contact Cathy the areas where public comment is Williams on (202) 418–2918. specifically requested, though comment SUPPLEMENTARY INFORMATION: in any area is welcome. FEDERAL COMMUNICATIONS OMB Control Number: 3060–0182. 2. Other related information. More COMMISSION Title: Section 73.1620, Program Tests. information on these cases, including Form Number: Not applicable. the active ingredients for each case, may Notice of Public Information Collection Type of Review: Extension of a be located in the registration review Being Reviewed by the Federal currently approved collection. schedule on the Agency’s website at Communications Commission for Respondents: Businesses or other for– http://www.epa.gov/oppsrrd1/ Extension Under Delegated Authority, profit entities; Not–for–profit registration_review/schedule.htm. Comments Requested institutions. Information on the Agency’s registration Number of Respondents and review program and its implementing 12/11/2009. Responses: 1,770 respondents; 1,770 regulation may be seen at http:// SUMMARY: The Federal Communications responses. www.epa.gov/oppsrrd1/ Commission, as part of its continuing Estimated Time per Response: 1 – 5 registration_review. effort to reduce paperwork burden hours. 3. Information submission invites the general public and other Frequency of Response: On occasion requirements. Anyone may submit data Federal agencies to take this reporting requirement; Third party or information in response to this opportunity to comment on the disclosure requirement. document. To be considered during a following information collection(s), as Obligation to Respond: Required to pesticide’s registration review, the required by the Paperwork Reduction obtain or retain benefits. The statutory submitted data or information must Act of 1995, 44 U.S.C. 3501–3520. An authority for this information collection meet the following requirements: agency may not conduct or sponsor a is contained in Section 154(i) of the • To ensure that EPA will consider collection of information unless it Communications Act of 1934, as data or information submitted, displays a currently valid control amended. interested persons must submit the data number. No person shall be subject to Total Annual Burden: 1,821 hours.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66649

Total Annual Cost: None. prior to commencing or resuming DATES: Persons wishing to comment on Privacy Act Impact Assessment: No operation and certify to the FCC that this information collection should impact(s). such advance notice has been given. submit comments by January 15, 2010. Nature and Extent of Confidentiality: This notification alerts the UHF If you anticipate that you will be There is no need for confidentiality with translator station that the potential of submitting comments, but find it this collection of information. interference exists difficult to do so within the period of Needs and Uses: 47 CFR 73.1620(a)(1) 47 CFR 73.1620(g) requires permittees time allowed by this notice, you should requires permittees of a nondirectional advise the contact listed below as soon AM or FM station, or a nondirectional to report any deviations from their promises, if any, in their application for as possible. or directional TV station to notify the ADDRESSES: Direct all PRA comments to FCC upon beginning of program tests. license to cover their construction permit (FCC Form 302) and on the first Nicholas A. Fraser, Office of An application for license must be filed Management and Budget (OMB), via fax within 10 days of this notification. anniversary of their commencement of program tests. This report is necessary at (202) 395–5167, or via the Internet at 47 CFR 73.1620(a)(2) requires a [email protected] and permittee of an AM or FM station with to eliminate possible abuses of the FCC’s processes and to ensure that to Cathy Williams, Federal a directional antenna to file a request for Communications Commission (FCC), program test authority 10 days prior to comparative promises relating to service to the public are not inflated. 445 12th Street, SW, Washington, DC date on which it desires to begin 20554. To submit your comments by e– program tests. This is filed in Federal Communications Commission. mail send then to: [email protected] and to conjunction with an application for Marlene H. Dortch, [email protected]. To view a copy license. Secretary, of this information collection request 47 CFR 73.1620(a)(3) requires a Office of the Secretary, (ICR) submitted to OMB: (1) Go to web licensee of an FM station replacing a page: http://www.reginfo.gov/public/ directional antenna without changes to Office of Managing Director. [FR Doc. E9–29860 Filed 12–15–09; 8:45 am] do/PRAMain, (2) look for the section of file a modification of the license the web page called ’’Currently Under application within 10 days after BILLING CODE: 6712–01–S Review’’, (3) click on the downward– commencing operations with the pointing arrow in the ’’Select Agency’’ replacement antenna. box below the ’’Currently Under 47 CFR 73.1620(a)(4) requires a FEDERAL COMMUNICATIONS COMMISSION Review’’ heading, (4) select ’’Federal permittee of an AM station with a Communications Commission’’ from the directional antenna to file a request for list of agencies presented in the ’’Select program test authority 10 days prior to Notice of Public Information Collection Being Submitted to the Office of Agency’’ box, (5) click the ’’Submit’’ the date on which it desires to begin button to the right of the ’’Select program test. Management and Budget for Review and Approval, Comments Requested Agency’’ box, and (6) when the FCC list 47 CFR 73.1620(a)(5) requires that, appears, look for the title of this ICR (or except for permits subject to successive 12/11/2009. its OMB Control Number, if there is one) license terms, a permittee of an LPFM and then click on the ICR. station may begin program tests upon SUMMARY: The Federal Communications FOR FURTHER INFORMATION CONTACT: For notification to the FCC in Washington, Commission, as part of its continuing effort to reduce paperwork burden additional information about the DC provided that within 10 days information collection send an e–mail to thereafter an application for license is invites the general public and other Federal agencies to take this [email protected] or contact Cathy Williams filed. Program tests may be conducted on (202) 418–2918. by a licensee subject to mandatory opportunity to comment on the SUPPLEMENTARY INFORMATION: license terms only during the term following information collection(s), as required by the Paperwork Reduction OMB Control Number: 3060–0692. specified on such license authorization. Type of Review: Extension of a Section 73.1620(a) also requires Act of 1995, 44 U.S.C. 3501–3520. An agency may not conduct or sponsor a currently approved collection. licensees to notify the Commission that Title: Sections 76.613 and 76.802, collection of information unless it construction of a station has been Home Wiring Provisions. completed and that the station is displays a currently valid control Form Number: Not Applicable. broadcasting program material. number. No person shall be subject to Respondents: Individuals or 47 CFR 73.1620(b) allows the FCC to any penalty for failing to comply with households; Business or other for–profit right to revoke, suspend, or modify a collection of information subject to the entities. program tests by any station without Paperwork Reduction Act (PRA) that Number of Respondents and right of hearing for failure to comply does not display a valid control number. Responses: 22,000 respondents; 253,010 adequately with all terms of the Comments are requested concerning (a) responses. construction permit or the provision of whether the proposed collection of Estimated Time per Response: 5 47 CFR 73.1690(c) for a modification of information is necessary for the proper minutes – 2 hours. license application, or in order to performance of the functions of the Frequency of Response: resolve instances of interference. The Commission, including whether the Recordkeeping requirement; on FCC may also require the filing of a information shall have practical utility; occasion reporting requirement; annual construction permit application to bring (b) the accuracy of the Commission’s reporting requirement; third party the station into compliance with the burden estimate; (c) ways to enhance disclosure requirement. Commission’s rules and policies. the quality, utility, and clarity of the Obligation to Respond: Required to 47 CFR 73.1620(f) requires licensees information collected; and (d) ways to obtain or retain benefits. The of UHF TV stations, assigned to the minimize the burden of the collection of Commission has authority for this same allocated channel which a 1000 information on the respondents, information collection under Sections 1, watt UHF translator station is including the use of automated 4, 224, 251, 303, 601, 623, 624 and 632 authorized to use, to notify the licensee collection techniques or other forms of of the Communications Act of 1934, as of the translator station at least 10 days information technology. amended.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66650 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

Total Annual Burden: 36,114 hours. incumbent provider shall notify the chosen will be required to assess a Total Annual Cost: None. MDU owner at the time of this election reasonable price for the home run Privacy Act Impact Assessment: No of the date on which it intends to wiring by the end of the 90–day notice impact(s). terminate service. If the incumbent period. If the incumbent elects to submit Nature and Extent of Confidentiality: provider elects to remove its wiring and the matter to binding arbitration and the There is no need for confidentiality with restore the building consistent with MDU owner (or the alternative provider) this collection of information. state law, it must do so within 30 days refuses to participate, the incumbent Needs and Uses: 47 CFR 76.613(d) of the end of the 90–day notice period shall have no further obligations under requires that when Multichannel Video or within 30 days of actual service the Commission’s home run wiring Programming Distributors (MVPDs) termination, which ever occurs first. For disposition procedures. If the cause harmful signal interference purposes of abandonment, passive incumbent fails to comply with any of MVPDs will be required by the devices, including splitters, shall be the deadlines established herein, it shall Commission’s engineer in charge (EIC) considered part of the home run wiring. be deemed to have elected to abandon to prepare and submit a report regarding The incumbent provider that has elected its home run wiring at the end of the the cause(s) of the interference, to abandon its home run wiring may 90–day notice period. corrective measures planned or taken, remove its amplifiers or other active 47 CFR 76.804 (a) (4) states the MDU and the efficacy of the remedial devices used in the wiring if an owner shall be permitted to exercise the measures. equivalent replacement can easily be rights of individual subscribers under 47 CFR 76.802(b) states during the reattached. In addition, an incumbent this subsection for purposes of the initial telephone call in which a provider removing any active elements disposition of the cable home wiring subscriber contacts a cable operator to shall comply with the notice under §76.802. When an MDU owner voluntarily terminate cable service, the requirements and other rules regarding notifies an incumbent provider under cable operator–if it owns and intends to the removal of home run wiring. If the this section that the incumbent remove the home wiring–must inform MDU owner declines to purchase the provider’s access to the entire building the subscriber: (1) That the cable home run wiring, the MDU owner may will be terminated and that the MDU operator owns the home wiring; (2) That permit an alternative provider that has owner seeks to use the home run wiring the cable operator intends to remove the been authorized to provide service to for another service, the incumbent home wiring; (3) That the subscriber has the MDU to negotiate to purchase the provider shall, in accordance with our the right to purchase the home wiring; wiring. current home wiring rules: offer to sell and (4) What the per–foot replacement 47 CFR 76.804 (a)(2) states if the to the MDU owner any home wiring cost and total charge for the wiring incumbent provider elects to sell the within the individual dwelling units would be (the total charge may be based home run wiring under paragraph (a)(1) that the incumbent provider owns and on either the actual length of cable of this section, the incumbent and the intends to remove; and provide the wiring and the actual number of passive MDU owner or alternative provider MDU owner with the total per–foot splitters on the customer’s side of the shall have 30 days from the date of replacement cost of such home wiring. demarcation point, or a reasonable election to negotiate a price. If the This information must be provided to approximation thereof; in either event, parties are unable to agree on a price the MDU owner within 30 days of the the information necessary for within that 30–day time period, the initial notice that the incumbent’s calculating the total charge must be incumbent must elect: to abandon access to the building will be available for use during the initial without disabling the wiring; to remove terminated. If the MDU owner declines phone call). the wiring and restore the MDU to purchase the cable home wiring, the 47 CFR 76.804 (a)(1) states where an consistent with state law; or to submit MDU owner may allow the alternative MVPD owns the home run wiring in an the price determination to binding provider to purchase the home wiring Multiple Dwelling Unit Building (MDU) arbitration by an independent expert. If upon service termination under the and does not (or will not at the the incumbent provider chooses to terms and conditions of §76.802. If the conclusion of the notice period) have a abandon or remove its wiring, it must MDU owner or the alternative provider legally enforceable right to remain on notify the MDU owner at the time of this elects to purchase the home wiring the premises against the wishes of the election if and when it intends to under these rules, it must so notify the MDU owner, the MDU owner may give terminate service before the end of the incumbent MVPD provider not later the MVPD a minimum of 90 days’ 90–day notice period. If the incumbent than 30 days before the incumbent’s written notice that its access to the service provider elects to abandon its termination of access to the building entire building will be terminated to wiring at this point, the abandonment will become effective. If the MDU owner invoke the procedures in this section. shall become effective at the end of the and the alternative provider fail to elect The MVPD will then have 30 days to 90–day notice period or upon service to purchase the home wiring, the notify the MDU owner in writing of its termination, whichever occurs first. If incumbent provider must then remove election for all the home run wiring the incumbent elects at this point to the cable home wiring, under normal inside the MDU building: to remove the remove its wiring and restore the operating conditions, within 30 days of wiring and restore the MDU building building consistent with state law, it actual service termination, or make no consistent with state law within 30 days must do so within 30 days of the end subsequent attempt to remove it or to of the end of the 90–day notice period of the 90–day notice period or within 30 restrict its use. or within 30 days of actual service days of actual service termination, In the Telecommunications Act of termination, whichever occurs first; to which ever occurs first. 1996, Congress directed that every abandon and not disable the wiring at 47 CFR 76.804 (a) (3) states if the broadcaster be given a second channel the end of the 90–day notice period; or incumbent elects to submit to binding for digital operations. At the end of the to sell the wiring to the MDU building arbitration, the parties shall have seven transition, broadcasters’ analog channels owner. If the incumbent provider elects days to agree on an independent expert will be returned to the government. to remove or abandon the wiring, and it or to each designate an expert who will Congress set a target date of December intends to terminate service before the pick a third expert within an additional 31, 2006 for the end of the transition, end of the 90–day notice period, the seven days. The independent expert although that date can be extended if

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66651

85% of viewers in a particular market minimize the burden of the collection of Total Annual Burden: 36,601 hours. do not have access to the digital signals. information on the respondents, Privacy Act Impact Assessment: N/A. In addition, at the end of the transition including the use of automated the broadcast spectrum will contract collection techniques or other forms of Nature and Extent of Confidentiality: from channels 2–69 to channels 2–51. information technology. To protect the identities and locations of key first responder communications This 108 MHz of spectrum (channels DATES: Persons wishing to comments on 52–69) can then be used by advanced this information collection should personnel, the Commission will treat wireless services and public safety submit comments on or before January emergency contact information authorities. There are several key 15, 2010. If you anticipate that you will submitted into the Universal Licensing building blocks to a successful be submitting comments, but find it System (ULS) as confidential and will transition. First, content – consumers difficult to do so within the period of not make such information publicly must perceive something significantly time allowed by this notice, you should available. The contact information different than what they have in analog. advise the contact listed below as soon submitted into ULS by public safety Second, distribution – the content must as possible. licensees and non–public safety be delivered to consumers in a simple ADDRESSES: Direct all PRA comments to licensees designated as emergency first and convenient way. Third, equipment Nicholas A. Fraser, Office of responders will be available only to – equipment must be capable, affordable Management and Budget (OMB), via fax Commission staff. Interested licensees and consumer–friendly. And fourth, at (202) 395–5167, or via the Internet at should file their operational point of education – consumers must be [email protected] and contact information in ULS in the form educated about what digital television to Judith B. Herman, Federal of a confidential pleading. is, and what it can do for them. These Communications Commission (FCC). To The Public Safety Homeland Security information requests are designed to submit your PRA comments by e–mail gather data in these key areas. Bureau of the FCC will issue a Public send them to: [email protected]. To view a Notice with step–by–step instructions Federal Communications Commission. copy of this information collection on how to use the enhanced features request (ICR) submitted to OMB: (1) Go Marlene H. Dortch, made available to licensees to provide to web page: http://www.reginfo.gov/ Secretary, this information. Office of the Secretary, public/do/PRAMain, (2) look for the Need and Uses: The Commission is Office of Managing Director. section of the web page called ’’Currently Under Review’’, (3) click on submitting this information collection [FR Doc. E9-29861 Filed 12–15–09; 8:45 am] the downward–pointing arrow in the as an extension to the Office of BILLING CODE: 6712–01–S ’’Select Agency’’ box below the Management and Budget (OMB) in order ’’Currently Under Review’’ heading, (4) to obtain the full three year clearance FEDERAL COMMUNICATIONS select ’’Federal Communications from them. There is no change in the COMMISSION Commission’’ from the list of agencies reporting requirement(s); and there is no presented in the ’’Select Agency’’ box, change in the Commission’s burden Notice of Public Information Collection (5) click the ’’Submit’’ button to the estimates. right of the ’’Select Agency’’ box, and (6) Being Submitted to the Office of Public safety licensees and non– when the FCC list appears, look for the Management and Budget (OMB) For public safety licensees designated as title of this ICR (or its OMB Control Review, Comments Requested emergency first responders operating Number, if there is one) and then click December 10, 2009. on the ICR. pursuant to Part 90 of the Commission’s rules should identify the following SUMMARY: The Federal Communications FOR FURTHER INFORMATION CONTACT: information regarding the operational Commission, as part of its continuing Judith B. Herman, OMD, 202–418–0214. effort to reduce paperwork burden For additional information about the point of contact for the licensees invites the general public and other information collection(s) send an e–mail directly responsible for coordinating Federal agencies to take this to [email protected] or contact Judith B. with the state, county and/or local opportunity to comment on the Herman, 202–418–0214. emergency authorities: a) name and title; b) office telephone number; c) following information collection(s), as SUPPLEMENTARY INFORMATION: required by the Paperwork Reduction OMB Control No: 3060–1127. mobile telephone number; and d) e– Act of 1995, 44 U.S.C. 3501–3520. An Title: First Responder Emergency mail address. agency may not conduct or sponsor a Contact Information in the Universal The Public Safety Homeland Security collection of information unless it Licensing System (ULS). Bureau of the FCC will issue a Public displays a currently valid control Form No.: N/A. Notice with step–by–step instructions number. No person shall be subject to Type of Review: Extension of a on how to use the enhanced features any penalty for failing to comply with currently approved collection. made available to licensees to provide a collection of information subject to the Respondents: Business or other for– this information. Paperwork Reduction Act (PRA) that profit, not–for–profit institutions, and does not display a valid control number. state, local or tribal government. Federal Communications Commission. Comments are requested concerning (a) Number of Respondents: 133,095 Marlene H. Dortch, whether the proposed collection of respondents; 133,095 responses. Secretary, information is necessary for the proper Estimated Time Per Response: .25 Office of the Secretary, performance of the functions of the hours (15 minutes). Commission, including whether the Frequency of Response: On occasion Office of Managing Director. information shall have practical utility; reporting requirement. [FR Doc. E9–29833 Filed 12–15–09; 8:45 am] (b) the accuracy of the Commission’s Obligation to Respond: Voluntary. BILLING CODE: 6712–01–S burden estimate; (c) ways to enhance Statutory authority for this collection of the quality, utility, and clarity of the information is contained in 47 U.S.C. information collected; and (d) ways to Section 154(i).

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66652 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

FEDERAL COMMUNICATIONS FEDERAL ELECTION COMMISSION it as supervisory guidance to the COMMISSION institutions that they supervise and the Sunshine Act Notices State Liaison Committee of the FFIEC [Report No. 2904] will encourage state regulators to adopt DATE & TIME: Thursday, December 17, the guidance. Accordingly, institutions PETITION FOR RECONSIDERATION 2009, at 10 a.m. will be expected to use the guidance in OF ACTION IN RULEMAKING PLACE: 999 E Street, NW., Washington, their efforts to ensure that their risk PROCEEDING DC (Ninth Floor). management and consumer protection STATUS: This meeting will be open to the practices adequately address the December 8, 2009. public. compliance and reputation risks raised SUMMARY: Petitions for Reconsideration ITEMS TO BE DISCUSSED: Correction and by reverse mortgage lending. have been filed in the Commission’s Approval of Minutes: DATES: Comments must be received on Rulemaking proceeding listed in this Draft Advisory Opinion 2009–27: or before February 16, 2010. Public Notice and published pursuant to America Future Fund Political Action ADDRESSES: Because paper mail in the 47 CFR Section 1.429(e). The full text of by its counsel, Jason Torchinsky. Washington, DC area and received by these documents is available for viewing Draft Advisory Opinion 2009–28: the FFIEC is subject to delay due to and copying in Room CY–B402, 445 Democracy Engine, Inc., PAC, by its heightened security precautions, 12th Street, SW, Washington, DC or may Treasurer, Jonathan Zucker, Esq. commenters are encouraged to submit be purchased from the Commission’s Adoption of Policy to Prepare and comments by the Federal eRulemaking copy contractor, Best Copy and Printing, Publish a Guidebook for Complainants Portal, if possible. Please use the title Inc. (BCPI) (1–800–378–3160). and Respondents in Enforcement ‘‘Reverse Mortgage Comments’’ to Oppositions to these petitions must be Matters. facilitate the organization and filed within 15 days of the date of Agency Procedures. distribution of the comments. You may public notice of the petitions in the Election of Officers. submit comments by any of the Federal Register. See Section 1.4(b)(1) of Future Meeting Dates. following methods: the Commission’s rules (47 CFR Management and Administrative Federal eRulemaking Portal— 1.4(b)(1)). Replies to an opposition must Matters. ‘‘Regulations.gov’’: Go to http:// be filed within 10 days after the time for Individuals who plan to attend and www.regulations.gov, under the ‘‘More filing oppositions has expired. require special assistance, such as sign Search Options’’ tab click next to the Subject: In the Matter of Promoting language interpretation or other ‘‘Advanced Docket Search’’ option Diversification of Ownership in the reasonable accommodations, should where indicated, select ‘‘FFIEC’’ from Broadcasting Services (MB Docket No. contact Mary Dove, Commission the agency drop-down menu, then click 07–294) Secretary, at (202) 694–1040, at least 72 ‘‘Submit.’’ In the ‘‘Docket ID’’ column, 2006 Quadrennial Regulatory hours prior to the hearing date. select ‘‘Docket Number FFIEC–2009– Review– Review of the Commission’s PERSON TO CONTACT FOR INFORMATION: 0001’’ to submit or view public Broadcast Ownership Rules and other Judith Ingram, Press Officer Telephone: comments and to view supporting and Rules Adopted Pursuant to Section 202 (202) 694–1220. related materials for this notice of proposed rulemaking. The ‘‘How to Use of The Telecommunications Act of 1996 Signed: (MB Docket No. 06–121) This Site’’ link on the Regulations.gov Mary W. Dove, home page provides information on 2002 Biennial Regulatory Review – Secretary of the Commission. using Regulations.gov, including Review of the Commission’s Broadcast [FR Doc. E9–29836 Filed 12–15–09; 8:45 am] instructions for submitting or viewing Ownership Rules and other Rules BILLING CODE 6715–01–M public comments, viewing other Adopted Pursuant to Section 202 of The supporting and related materials, and Telecommunications Act of 1996 (MB viewing the docket after the close of the Docket No. 02–277) FEDERAL FINANCIAL INSTITUTIONS comment period. Cross–Ownership of Broadcast EXAMINATION COUNCIL Mail: Paul Sanford, Executive Stations and Newspapers (MB Docket Secretary, Federal Financial Institutions No. 01–235) [Docket No. FFIEC–2009–0001] Examination Council, L. William Rules and Policies Concerning Reverse Mortgage Products: Guidance Seidman Center, Mailstop: D 8073a, Multiple Ownership of Radio Broadcast for Managing Compliance and 3501 Fairfax Drive, Arlington, Virginia Station in Local Markets (MB Docket Reputation Risks 22226–3550. No. 01–317) Hand Delivery/Courier: Paul Sanford, AGENCY: Federal Financial Institutions Executive Secretary, Federal Financial Definition of Radio Markets (MB Examination Council (FFIEC). Institutions Examination Council, L. Docket No. 00–244) ACTION: Notice; request for comment. William Seidman Center, Mailstop: D Ways to Further Section 257 Mandate 8073a, 3501 Fairfax Drive, Arlington, and to Build on Earlier Studies (MB SUMMARY: The Federal Financial Virginia 22226–3550. Docket No. 04–228) Institutions Examination Council Instructions: You must include NUMBER OF PETITIONS FILED: 2 (FFIEC), on behalf of its members, ‘‘FFIEC’’ as the agency name and Federal Communications Commission. requests comment on this proposed ‘‘Docket Number FFIEC–2009–0001’’ in Reverse Mortgage Products: Guidance your comment. In general, the FFIEC Marlene H. Dortch, for Managing Compliance and will enter all comments received into Secretary, Reputation Risks (guidance). Upon the docket and publish them on the Office of the Secretary, completion of the guidance, and after Regulations.gov Web site without Office of Managing Director. consideration of comments received change, including any business or [FR Doc. E9–29834 Filed 12–15–09; 8:45 am] from the public, the Federal financial personal information that you provide BILLING CODE: 6712-01-S institution regulatory agencies will issue such as name and address information,

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66653

e-mail addresses, or phone numbers. SUPPLEMENTARY INFORMATION: Reverse mortgages are home-secured Comments received, including loans typically offered to elderly I. Background Information attachments and other supporting consumers. Institutions under the FFIEC materials, are part of the public record The FFIEC is proposing to members’ supervision currently provide and subject to public disclosure. Do not recommend to the Federal financial two basic types of reverse mortgage enclose any information in your institution regulatory agencies guidance products: lenders’ own proprietary comment or supporting materials that on managing compliance and reputation reverse mortgage products and reverse you consider confidential or risks presented by reverse mortgage mortgages offered under the Home inappropriate for public disclosure. products. The six members of the FFIEC Equity Conversion Mortgage (HECM) You may review comments and other are the Federal financial institution program.1 Both HECMs and proprietary related materials that pertain to this regulatory agencies (the Office of the products are subject to various laws notice of proposed rulemaking Comptroller of the Currency (OCC); the governing mortgage lending including electronically by following these Board of Governors of the Federal the Truth in Lending Act, the Real instructions: Go to http:// Reserve System (Board); the Federal Estate Settlement Procedures Act, the www.regulations.gov, under the ‘‘More Deposit Insurance Corporation (FDIC); Federal Trade Commission Act, and the Search Options’’ tab click next to the the Office of Thrift Supervision (OTS); fair lending laws. HECMs are also ‘‘Advanced Document Search’’ option the National Credit Union subject to an extensive regulatory where indicated, select ‘‘FFIEC’’ from Administration (NCUA)), and the State regime established by HUD, including the agency drop-down menu, then, click Liaison Committee (SLC) of the FFIEC. provisions for FHA insurance of HECM ‘‘Submit.’’ In the ‘‘Docket ID’’ column, As part of its mission, the FFIEC loans that protect both lenders and select ‘‘Docket FFIEC–2009–0001’’ to makes recommendations regarding reverse mortgage borrowers. view public comments for this supervisory matters and the adequacy of Reverse mortgages enable eligible supervisory tools to the Federal rulemaking action. borrowers to remain in their home while financial institution regulatory agencies. Docket: You may also view or request accessing their home equity in order to The FFIEC also establishes standards for available background documents and meet emergency needs, supplement examinations of financial institutions project summaries using the methods their incomes, or, in some cases, that shall be applied by the agencies. described above. purchase a new home—without These agencies expect that all financial subjecting borrowers to ongoing FOR FURTHER INFORMATION CONTACT: institutions that they supervise—that is, repayment obligations during the life of OCC: Karen Tucker, National Bank banks and their subsidiaries, bank the loan. The use of reverse mortgages Examiner and Senior Compliance holding companies and their nonbank could expand significantly in coming Specialist, or Jesse Butler, Bank subsidiaries, savings associations and years as the U.S. population ages and Examiner and Compliance Specialist, their subsidiaries, savings and loan more homeowners become eligible for Compliance Policy, (202) 874–4428; holding companies and their reverse mortgage products. If prudently Stephen Van Meter, Assistant Director, subsidiaries, and credit unions underwritten and used appropriately, or Nancy Worth, Counsel, Community (‘‘institutions’’)—will effectively assess these products have the potential to and Consumer Law Division, (202) 874– and manage risks associated with their become an increasingly important credit 5750, Office of the Comptroller of the lending activities, including those product for addressing certain credit Currency, 250 E Street, SW., associated with reverse mortgage needs of an aging population. Washington, DC 20219. products. Upon completion of the However, reverse mortgages can be Board: Kathleen Conley, Senior guidance, and after consideration of highly complex loan products, and it is Supervisory Consumer Financial comments received from the public, the particularly important to provide Services Analyst, (202) 452–2389; Brent Federal financial institution regulatory adequate information and other Lattin, Senior Attorney, (202) 452–3667, agencies will issue it as supervisory consumer protections. Typically, elderly Board of Governors of the Federal guidance to the institutions that they borrowers are securing a reverse Reserve System, 20th and C Streets, supervise. Accordingly, such mortgage with their primary asset—their NW., Washington, DC 20551. For users institutions will be expected to use the home. Thus, borrowers may depend on of Telecommunications Device for the guidance in their efforts to ensure that the reverse mortgage proceeds for the Deaf (TDD) only, contact (202) 263– their risk management and consumer cash flow needed to pay for health care 4869. protection practices adequately address and other living expenses. FDIC: Michael R. Evans, Fair Lending the compliance and reputation risks For these reasons, it is critical that Specialist, Compliance Policy Section, raised by reverse mortgage lending. institutions manage the compliance and Division of Supervision and Consumer The SLC, which is composed of reputation risks associated with reverse Protection, (202) 898–6611; Richard representatives of five State agencies mortgages. The proposed guidance set Schwartz, Counsel, Legal Division, (202) that supervise financial institutions, was forth in this document is intended to 898–7424, Federal Deposit Insurance established to encourage the application assist institutions in their efforts to Corporation, 550 17th Street, NW., of uniform examination principles and manage these risks. While the FFIEC Washington, DC 20429. standards by State and Federal members have not encountered OTS: David Adkins, Fair Lending supervisory agencies. Upon finalization widespread use of reverse mortgage Specialist, (202) 906–6716, or Richard of the FFIEC guidance, the SLC will lending by the institutions that they Bennett, Senior Compliance Counsel, encourage the adoption of the guidance supervise, the FFIEC members are (202) 906–7409, Office of Thrift by state regulators. Entities regulated by proposing this reverse mortgage Supervision, 1700 G Street, NW., the state agencies that adopt the Washington, DC 20552. guidance would be expected to use it in 1 A HECM is a reverse mortgage product insured NCUA: Matthew J. Biliouris, Program their efforts to ensure that their risk by the Federal Housing Administration (FHA), Officer, (703) 518–6394, Office of management and consumer protection which is part of the U.S. Department of Housing and Urban Development (HUD), and subject to a Examination & Insurance, National practices adequately address the range of federal consumer protection and other Credit Union Administration, 1775 compliance and reputation risks raised requirements. See 12 U.S.C. 1715z–20; 24 CFR part Duke Street, Alexandria, VA 22314. by reverse mortgage lending. 206.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66654 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

guidance in light of the anticipated 44 U.S.C. 3501–3521 (PRA), the business practice for proprietary and growth in this lending product. Agencies may not conduct or sponsor, HECM reverse mortgages and, therefore, and the respondent is not required to under the ‘‘usual and customary’’ II. Principal Elements of the Guidance respond to, an information collection standard do not require PRA clearance. The proposed guidance discusses the unless it displays a currently valid There are also requirements currently general features of, certain legal Office of Management and Budget covered under approved TILA-related provisions applicable to, and consumer (OMB) control number. The proposed information collections for proprietary protection concerns raised by reverse guidance includes reporting, and HECM reverse mortgages, and an mortgage products. In addition, it recordkeeping, and disclosure approved HUD information collection focuses on the need to provide adequate requirements, some of which implicate for HECM reverse mortgages. information to consumers about reverse PRA as more fully explained below. Proprietary reverse mortgage mortgage products; to provide qualified Comments are invited on: products, however, are not subject to the independent counseling to consumers (a) Whether the collection of consumer protection provisions of the considering these products; and to avoid information is necessary for the proper HECM program, so these requirements potential conflicts of interest. The performance of the Federal banking would normally be submitted for proposed guidance also addresses agencies’ functions, including whether approval under PRA. However, recent related policies, procedures, and the information has practical utility; research has shown that, despite the internal controls and third party risk (b) The accuracy of the estimates of significant growth in reverse mortgages management. the burden of the information since inception of the HECM program in For example, the proposed guidance collection, including the validity of the 1989, currently the market for stresses the importance of avoiding methodology and assumptions used; proprietary reverse mortgages has potential conflicts of interest and (c) Ways to enhance the quality, dissipated to the point that, industry- abusive practices. In addition, the utility, and clarity of the information to wide, there are fewer than 10 lenders proposed guidance emphasizes the be collected; offering such products.2 This is likely importance of independent credit (d) Ways to minimize the burden of due to the recent decline in housing counseling for consumers considering the information collection on values, resulting in decreased equity in reverse mortgages. Pursuant to the respondents, including through the use homes. proposed guidance, such counseling of automated collection techniques or Given the minimal number of lenders should cover the potential consequences other forms of information technology; currently offering proprietary reverse of entering into these transactions, such and mortgages, the agencies are not now as the potential effect on eligibility for (e) Estimates of capital or start-up seeking OMB approval for the consumer needs-based public benefits. costs and costs of operation, protection provisions in the guidance The proposed guidance also maintenance, and purchase of services applicable to proprietary reverse recommends that consumers be to provide information. mortgages. The agencies will, however, provided clear and balanced All comments will become a matter of seek PRA approval once this sector of information about the relative benefits public record. Comments should be the market recovers. and risks of reverse mortgage products, addressed to: Lastly, there are requirements that at a time that will help consumers’ OCC: Please follow the instructions apply to both proprietary and HECM decision-making processes. Consistent found in the ADDRESSES caption above reverse mortgages that do not meet the with this advice, the proposed guidance for submitting comments. ‘‘usual and customary’’ standard, are not suggests that institutions inform FRB: Please follow the instructions covered by already approved borrowers about reverse mortgage found in the ADDRESSES caption above information collections and, therefore, alternatives that they already offer. for submitting comments. require PRA clearance. FDIC: Please follow the instructions III. Request for Comment found in the ADDRESSES caption above Proprietary Reverse Mortgages Comment is requested on all aspects for submitting comments. Institutions offering proprietary of the proposed guidance. OTS: Please follow the instructions reverse mortgages will be encouraged found in the ADDRESSES caption above under the guidance to follow or adopt IV. Supplemental Guidance for submitting comments. relevant HECM requirements for The FFEIC believes that illustrations NCUA: Please follow the instructions mandatory counseling, disclosures, of potential costs and benefits of reverse found in the ADDRESSES caption above affordable origination fees, restrictions mortgages, relative to alternatives to for submitting comments. on cross-selling of ancillary products, reverse mortgages, may be useful to All Agencies: A copy of the comments and reliable appraisals. institutions as they seek to implement may also be submitted to the OMB desk the Interagency Guidance officer for the Agencies: Office of Proprietary and HECM Reverse recommendations relating to Information and Regulatory Affairs, Mortgages communicating fees and charges Office of Management and Budget, New Institutions offering either HECMs or information to consumers. Thus, the Executive Office Building, Washington, proprietary reverse mortgages are FFIEC, on behalf of its members, is DC 20503. encouraged to develop clear and developing sample illustrations to assist Title of Information Collection: balanced product descriptions and make institutions in providing consumers Reverse Mortgage Products. them available to consumers shopping with information about the relative OMB Control Numbers: New for a mortgage. They should set forth a benefits and risks of reverse mortgages, collection; to be assigned by OMB. description of how disbursements can as outlined in the proposed reverse Abstract: The proposed guidance mortgage guidance. includes reporting, recordkeeping, and 2 See the Board’s Divisions of Research & disclosure requirements applicable to Statistics and Monetary Affairs Finance and V. Paperwork Reduction Act Economics Discussion Series paper ‘‘Reversing the both proprietary and HECM reverse Trend: The Recent Expansion of the Reverse In accordance with section 3512 of mortgages. However, a number of the Mortgage Market,’’ http://www.federalreserve.gov/ the Paperwork Reduction Act of 1995, requirements are currently standard pubs/feds/2009/200942/200942pap.pdf.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66655

be received and include timely Total estimated annual burden: 864 equity in their homes in order to meet information to supplement the TILA hours. emergency needs, to supplement their and other disclosures. Promotional FDIC: incomes, or to purchase a new home.2 materials and product descriptions Number of respondents: 48. Reverse mortgages can meet these should include information about the Burden per respondent: 40 hours to objectives without subjecting borrowers costs, terms, features, and risks of implement policies and procedures and to ongoing repayment obligations during reverse mortgage products. to provide training; 8 hours annually to the life of the loan, while enabling Institutions should adopt policies and maintain program. borrowers to remain in their homes. As procedures that prohibit directing a Total estimated annual burden: 2,304 a result, the Agencies believe that consumer to a particular counseling hours. reverse mortgages, offered agency or contacting a counselor on the OTS: appropriately, could become an consumer’s behalf. They should adopt Number of respondents: 20. increasingly important mechanism for clear written policies and establish Burden per respondent: 40 hours to institutions to address credit needs of an internal controls specifying that neither implement policies and procedures and aging population. the lender nor any broker will require to provide training; 8 hours annually to Nevertheless, reverse mortgages are the borrower to purchase any other maintain program. complex loan products that present a product from the lender in order to Total estimated annual burden: 960. wide range of complicated options to obtain the mortgage. Policies should be NCUA: borrowers. Moreover, the need to Number of respondents: 85. clear so that originators do not have an provide adequate information about Burden per respondent: 40 hours to inappropriate incentive to sell other reverse mortgages and to ensure implement policies and procedures and products that appear linked to the appropriate consumer protections is to provide training; 8 hours annually to granting of a mortgage. Legal and particularly high. This is because maintain program. compliance reviews should include Total estimated annual burden: 4,080 reverse mortgages are typically secured oversight of compensation programs so hours. by the borrower’s primary asset—his or that lending personnel are not The text of the proposed interagency her home. Consequently, a reverse improperly encouraged to direct Reverse Mortgage Products: Guidance mortgage may provide the only funds consumers to particular products. for Managing Compliance and available to a consumer to pay for health Institutions making, purchasing, or 3 Reputation Risks follows: care needs and other living expenses. servicing reverse mortgages through a For these and other reasons, reverse third party should conduct due Reverse Mortgage Products: Guidance mortgages present substantial risks both diligence and establish criteria for third for Managing Compliance and to institutions and to consumers, and, as party relationships and compensation. Reputation Risks with any type of loan that is secured by They should set requirements for Introduction a consumer’s home, it is crucial that agreements and establish systems to consumers understand the terms of the monitor compliance with the agreement The members of the Federal Financial product and the nature of their and applicable laws and regulations. Institutions Examination Council obligations. While this guidance They should also take corrective action (FFIEC or Agencies)—consisting of the addresses consumer protection concerns if a third party fails to comply. Third Office of the Comptroller of the that raise compliance and reputation party relationships should be structured Currency (OCC), Office of Thrift risks, the Agencies recognize that in a way that does not conflict with Supervision (OTS), Board of Governors reverse mortgage products may present RESPA. of the Federal Reserve System (Board), other risks, too, such as credit, interest Affected Public: Federal Deposit Insurance Corporation rate, and liquidity risks,4 especially for OCC: National banks, their (FDIC), National Credit Union proprietary reverse mortgage products subsidiaries, and federal branches or Administration (NCUA), and State lacking the insurance offered under the agencies of foreign banks. Liaison Committee (SLC)—are issuing federal Home Equity Conversion 1 Board: Bank holding companies and guidance to assist financial institutions Mortgage (HECM) program.5 state member banks. in managing risks presented by reverse FDIC: Insured state nonmember mortgage products. Reverse mortgages 2 The Federal Housing Administration (FHA) has banks. are home-secured loans, typically announced a program that would enable eligible OTS: Federal savings associations and offered to elderly consumers, which borrowers to use the proceeds of a federally-insured their affiliated holding companies. reverse mortgage for the purchase of a new present consumer protection issues that principal residence. See U.S. Department of NCUA: Federally-insured credit raise compliance and reputation risks Housing and Urban Development (HUD) Mortgagee unions. for the institutions offering them. Letter 2008–23 (October 20, 2008) and HUD Type of Review: Regular. Expected increases in the elderly Mortgagee Letter 2009–11 (March 27, 2009). Estimated Burden: population of the United States and 3 In 2007, the typical reverse mortgage borrower OCC: was 73 years old, had a home valued at $261,500, other factors suggest that the use of and had financial assets of less than $33,000. Number of respondents: 77. reverse mortgages could expand AARP, Reverse Mortgage: Niche Product or Burden per respondent: 40 hours to significantly in coming years as more Mainstream Solution, Dec. 2007 (available at implement policies and procedures and http://assets.aarp.org/rgcenter/consume/ homeowners become eligible for reverse _ _ to provide training; 8 hours annually to mortgage products. These loan products 2007 22 revmortgage.pdf). maintain program. 4 Institutions also should manage these other risks enable eligible borrowers to access the appropriately. In this regard, institutions are Total estimated annual burden: 3,696 advised to conform their reverse mortgage lending hours. 1 This guidance applies to all banks and their activities to any applicable guidance from their Board: subsidiaries, bank holding companies (other than respective supervisory agencies, and to consult with Number of respondents: 18. foreign banks) and their nonbank subsidiaries, those agencies with respect to any such safety and Burden per respondent: 40 hours to savings associations and their subsidiaries, savings soundness issues. and loan holding companies and their subsidiaries, 5 A HECM is a reverse mortgage product insured implement policies and procedures and credit unions, and U.S. branches and agencies of by the FHA, part of the HUD, and is subject to a to provide training; 8 hours annually to foreign banks engaged in reverse mortgage range of consumer protection and other maintain program. transactions. Continued

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66656 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

As explained in further detail below, Background ➢ A credit line that permits the the complex nature of reverse mortgages The reverse mortgage market borrower to decide the timing and presents the risk that consumers will amount of the loan advances; currently consists of two basic types of ➢ not understand the costs, terms, and reverse mortgage products: Proprietary A monthly cash advance, either for consequences of the products. products offered by an individual a fixed number of years selected by the Consumers also may be harmed by any institution and FHA-insured reverse borrower or for as long as the borrower conflicts of interest or abusive or mortgages offered under the HECM lives in the home; or ➢ Any combination of the above fraudulent practices related to the sale program. To date, HECM reverse of ancillary products or services. In selected by the borrower. mortgages have accounted for Generally, the size of the loan will be contrast to HECM reverse mortgages, approximately 90% of all reverse larger when the borrower is older, the proprietary reverse mortgages also 7 mortgages. home is more valuable, or interest rates present the risk that lenders will be Reverse mortgages generally are non- are lower. Interest rates on a reverse unable to meet their obligations to make recourse, home-secured loans that mortgage may be fixed or variable. payments due to consumers.6 provide one or more cash advances to Legal Considerations As with other lending products, borrowers and require no repayments institutions should manage the until a future time. Both HECMs and Both HECMs and proprietary reverse compliance and reputation risks proprietary reverse mortgages generally mortgage products are subject to laws must be repaid only when the last associated with reverse mortgages. This and regulations governing mortgage surviving borrower dies, all borrowers guidance is intended to assist lending. The following are particularly permanently move to a new principal institutions in their efforts to manage relevant to the issues addressed in this residence, or the loan is in default. For these risks. This guidance focuses on guidance: example, repayment would be required • Federal Trade Commission Act ways an institution may provide when the borrower sells the home or has adequate information about reverse (FTC Act). Section 5 of the FTC Act not resided in the home for a year. A prohibits unfair or deceptive acts or mortgage products and qualified borrower may be in default on a reverse practices.11 The OCC, the Board, the independent counseling to consumers mortgage when the borrower fails to pay FDIC, and the OTS enforce this and on ways to avoid potential conflicts property taxes, fails to maintain hazard provision of the FTC Act and any of interest. The guidance also addresses insurance, or lets the property fall into applicable regulations under authority related policies, procedures, internal unreasonable disrepair. When a reverse granted in the FTC Act and section 8 of controls, and third party risk mortgage becomes due, the home must the Federal Deposit Insurance Act. The management for institutions. be sold or the borrower (or surviving NCUA enforces this provision of the This guidance may be particularly heirs) must repay the full amount of the FTC Act and any applicable regulations useful for institutions that offer loan (including accrued interest), even if under authority granted in the FTC Act proprietary reverse mortgage products the balance is greater than the property and sections 120 and 206 of the Federal that are not subject to the regulatory value. If the home is sold, the borrower Credit Union Act.12 requirements applicable to reverse or estate generally would not be liable Practices may be found to be mortgages offered under the HECM to the lender for any amounts in excess deceptive and thereby unlawful under program. Depending on how they are of the value of the home. section 5 of the FTC Act if: (1) There is structured, proprietary reverse mortgage To obtain a reverse mortgage, the a representation, omission, act, or products may contain a higher degree of borrower must occupy the home as a practice that is likely to mislead the principal residence and generally be at risk than HECMs. Therefore, to address consumer; (2) the act or practice would least 62 years of age. Reverse mortgages these risks effectively, proprietary be deceptive from the perspective of a are typically structured as first lien products may warrant careful scrutiny reasonable consumer; and (3) the mortgages,8 and require that any prior under the principles, considerations, representation, omission, act, or practice mortgage be paid off either before and risks discussed in this guidance. obtaining the reverse mortgage or with HECMs) or (2) the loan-to-value ratio established by The Agencies expect institutions to the funds from the reverse mortgage. the lender (for proprietary mortgages). The use this guidance to ensure that risk The funds from a reverse mortgage maximum claim amount includes the principal management practices adequately limit (cash available to the borrower), accrued may be disbursed in several different interest, and any set-asides for repairs or servicing address compliance and reputation risks ways: fees required by the loan terms. associated with reverse mortgages. ➢ A single lump sum 9 that 11 Supervisory guidance to financial institutions Failure to address the risks discussed in distributes up to the full amount of the has been issued concerning unfair or deceptive acts this guidance could significantly affect principal limit 10 in one payment; or practices. See OCC Advisory Letter 2002–3— Guidance on Unfair or Deceptive Acts or Practices, the overall effectiveness of an March 22, 2002; Joint Board and FDIC Guidance on institution’s compliance efforts with 7 AARP, Reverse Mortgage: Niche Product or Unfair or Deceptive Acts or Practices by State- respect to reverse mortgages. The Mainstream Solution, Dec. 2007, at 1 (available at Chartered Banks, March 11, 2004. See also Unfair http://assets.aarp.org/rgcenter/consume/ or Deceptive Acts or Practices, 74 FR 5498 (Jan. 29, _ _ Agencies will review risk management 2007 22 revmortgage.pdf). 2009) (final rule issued by the Board, OTS, and processes in this area and will request 8 HECMs, by statute, must be first lien mortgages. NCUA discussing unfairness and deception remedial actions if institutions do not 12 U.S.C. 1715z–20(b)(3). standards). Federally-insured credit unions are adequately manage these risks. 9 While HECM payment plans do not include a prohibited from using any advertising or separate ‘‘lump sum’’ option, HECMs provide an promotional material that is inaccurate, misleading, effective substitute for such an option through a or deceptive in any way concerning its products, requirements. See 12 U.S.C. 1715z–20; 24 CFR 206. line of credit that can be fully drawn at services, or financial condition. 12 CFR 740.2. The A lender making a HECM loan may assign it to HUD consummation. OTS also has a regulation that prohibits savings when the outstanding balance reaches 98% of the 10 The principal limit is the maximum payment associations from using advertisements or other maximum claim amount. See 24 CFR 206.107(a)(1). that can be made to the borrower. The principal representations that are inaccurate or misrepresent 6 Under the FHA insurance program for HECM limit depends on the age of the youngest borrower, the services or contracts offered. 12 CFR 563.27. loans, HUD will make payments to a consumer if the expected interest rate, and the ‘‘maximum claim This regulation supplements its authority under the a HECM lender fails to make a payment due to the amount.’’ The maximum claim amount is either (1) FTC Act. consumer. See 24 CFR 206.117 and 206.121. the lower of the actual value or FHA loan limit (for 12 12 U.S.C. 1766 and 1786.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66657

is material.13 A practice may be found general matter, an institution may under HUD rules, including a to be unfair and thereby unlawful under neither pay nor accept any fee or other requirement that the lender provide section 5 of the FTC Act if (1) the thing of value in exchange for the copies of the mortgage, note, and loan practice causes or is likely to cause referral of business related to a reverse agreement to the borrower at the time substantial consumer injury; (2) the mortgage transaction. that the borrower’s application is injury is not outweighed by benefits to Institutions that offer reverse completed. the consumer or to competition; and (3) mortgage products must ensure that Recent statutory changes to the HECM the injury caused by the practice is one they do so in a manner that complies program established additional that consumers could not reasonably with the foregoing and all other consumer protections.26 For example, have avoided.14 applicable laws and regulations, Congress adopted consumer protections • Truth in Lending Act (TILA). TILA including the following Federal laws: to guard against potential conflicts of and the Board’s implementing ➢ Equal Credit Opportunity Act; interest, including: (1) Special Regulation Z contain rules governing ➢ Fair Housing Act; and requirements for HECM lenders that are disclosures that institutions must ➢ National Flood Insurance Act. associated with any other ‘‘financial or provide for mortgages in State laws, including laws regarding insurance activity,’’ (2) a prohibition on advertisements, with an application, unfair or deceptive acts or practices, lenders’ conditioning the availability of before loan consummation, and when also may apply to reverse mortgage the HECM on the purchase of other interest rates change. Reverse mortgage transactions. Currently, more than financial or insurance products (with borrowers must receive all disclosures twenty states have laws or regulations limited exceptions), and (3) a that are required under TILA,15 governing various aspects of reverse requirement that the HECM borrower including notice of their right to rescind mortgages. In addition, all state receive adequate counseling from an the loan.16 financial institution regulators have the independent third party who is not Reverse mortgages may be structured authority to supervise the mortgage- compensated by or associated with a as open-end credit or as closed-end related activities of entities subject to party connected to the transaction. credit within the meaning of Regulation their respective jurisdictions, including Z. Disclosures required by TILA relating activities related to reverse mortgages.21 Compliance and Reputation Risks to open-end or closed-end mortgages HECM reverse mortgages also are While reverse mortgages may provide must be provided, as appropriate.17 For subject to the consumer protections and a valuable source of funds for some closed-end, variable rate loans, lenders other special provisions set forth in borrowers, they are complex home- must provide the variable rate program HUD regulations.22 HECM consumer secured loans offered to borrowers who disclosures,18 as well as required protections include information typically have limited income and few notices of interest rate adjustments.19 provided to consumers through assets other than the home securing the In addition, TILA requires that a Total qualified independent counselors. loan.27 Thus, lenders must institute Annual Loan Cost (TALC) form be Before obtaining a HECM reverse controls to protect consumers and to provided to reverse mortgage mortgage, the borrower must receive minimize the compliance and borrowers.20 The total annual loan cost counseling from a HUD-approved reputation risks for the institutions rates shown on the TALC form include housing counseling agency.23 The themselves. These concerns and risks the upfront costs (e.g., origination fee, counseling agency is required to discuss are especially pronounced with respect third-party closing fee, and any upfront with the borrower: (1) Alternatives to to proprietary products that are not mortgage insurance premium), interest, HECMs, (2) the financial implications of subject to the core consumer protection and ongoing charges (e.g., monthly entering into a HECM (including tax provisions of the HECM program. service fee and any annual mortgage consequences), (3) the effect on The Agencies are concerned that: insurance premium). eligibility for assistance under Federal (1) Consumers may enter into reverse • Real Estate Settlement Procedures and State programs, and (4) the impact mortgage loans without understanding Act (RESPA). RESPA and HUD’s on the estate and heirs of the the costs,28 terms, risks, and other implementing Regulation X contain homeowner.24 HUD encourages, but consequences of these products, or may rules that, among other things, require does not require, that HECM counseling be misled by marketing and disclosure of early estimated and final be conducted in person.25 HECMs also advertisements promoting reverse settlement costs and prohibit referral carry particular disclosure requirements mortgage products; fees and other charges that are not for (2) counseling may not be provided to services actually performed. As a 21 Federal financial institution regulators also borrowers or may not be adequate to have the authority to supervise the activities of the remedy any misunderstandings; entities subject to their respective jurisdictions to 13 (3) appropriate steps may not be taken These principles are derived from the Policy ensure their compliance with all applicable laws Statement on Deception, issued by the Federal and regulations, and that the institutions are to determine and to assure that Trade Commission on October 14, 1983. operating in a safe and sound manner consistent consumers will be able to pay required 14 15 U.S.C. 45(n). See also the Policy Statement with supervisory standards. taxes and insurance; and on Unfairness, issued by the Federal Trade 22 HUD also provides model forms for HECMs. (4) potential conflicts of interest and Commission on December 17, 1980. See Home Equity Conversion Mortgage Handbook 15 abusive practices may arise in See 12 CFR 226.33(b), 226.5b(d), and 226.18. 4235.1 (available at http://www.hud.gov/offices/ 16 12 CFR 226.15 and 226.23. Rescission rights adm/hudclips/handbooks/hsgh/4235.1/index.cfm) connection with reverse mortgage and notices are not available, however, for home 23 HUD has proposed regulatory changes and is purchase transactions. developing counseling protocols that would require 26 Housing and Economic Recovery Act of 2008 17 See 12 CFR 226.33(b), 226.5b(d), and 226.18. counselors to take a HECM examination before (HERA), Public Law 110–289, § 2122(a)(9) (July 30, 18 12 CFR 226.19(b)(1). Closed-end, variable rate providing counseling on reverse mortgages. Home 2008). reverse mortgages, particularly under the HECM Equity Conversion Mortgage (HECM) Counseling 27 See note 3, supra. program, have been less common than the open-end Standardization and Roster, 72 FR 869 (Jan. 8, 28 If a HECM borrower finances his or her closing line of credit structure. 2007). costs, the closing costs are included in the 19 12 CFR 226.20(c). 24 See 12 U.S.C. 1715z–20. outstanding balance of the loan. Costs of a HECM 20 See 15 U.S.C. 1648; 12 CFR 226.33(b)(2) and 25 Applicable state laws, however, may have other loan include an origination fee, third-party closing 226.33(c)(1) and related commentary in Supplement requirements pertaining to counseling for reverse costs, a monthly servicing fee, and mortgage I to 12 CFR 226; and 12 CFR 226, Appendix K mortgages, including requirements that counseling insurance premiums determined by an FHA (including model TALC form). be conducted in person. formula.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66658 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

transactions, including with the use of of credit, that can be used to access a over the telephone. More generally, loan proceeds and the sale of ancillary consumer’s home equity.31 Borrowers counseling may not always provide all investment and insurance products. also may not receive sufficient the relevant information or answer all Consumer Information and information about other potential questions and concerns raised by Understanding—Litigation, consumer alternatives to reverse mortgages that homeowners. For example, at least one complaints, and testimony before may meet their financial needs, study has suggested that a significant Congress about reverse mortgage including state property tax relief proportion of HECM borrowers who products have provided both anecdotal programs, other public benefits, and received counseling did not understand evidence of misrepresentations to community service programs. the costs and other features of their consumers and clear indications that The complex structure of reverse loans.32 borrowers do not consistently mortgages may prevent a borrower from Conflicts of Interest and Abusive understand the terms, features, and risks fully understanding the products. For Practices—The potential for of their loans.29 example, the ability to access the loan inappropriate sales tactics and other For example, consumers are not proceeds in a variety of ways may abusive practices in connection with always adequately informed that reverse provide flexibility for a borrower. reverse mortgages is greater where the mortgages are loans that must be repaid However, some payment options may lender or another party involved in the (and not merely ways to access home adversely affect a borrower’s ability to transaction has conflicts of interest, or equity). In fact, some marketing material qualify for needs-based public benefits, has an incentive to market other has prominently stated that the such as Supplemental Security Income. products and services. For example, consumer is not incurring a mortgage, In addition, reverse mortgages are not when a consumer obtains funds through even though the fine print states typically structured with a requirement a reverse mortgage, the consumer could otherwise. Consumer misunderstanding to escrow account for taxes and hazard also be offered financial products, such about these matters also may be the insurance (or for the lender to pay these as annuities, or non-financial products, result of advertisements declaring that amounts and add them to the loan such as home repair services. Such reverse mortgage borrowers have no risk balance). If the borrower does not pay products and services may be of losing their homes or are guaranteed taxes and insurance, the reverse inconsistent with consumers’ needs, to retain ownership of their homes for mortgage itself may become due, which and, on occasion, have been known to life. These advertisements do not clearly could result in the borrower losing the be associated with fraud. The risk is indicate the circumstances in which the home. Without adequate analysis of the especially strong where, for example: (1) reverse mortgage becomes immediately borrower’s ability to make these The lender or its affiliate engages in due and payable or in which borrowers required payments through available cross-marketing of another financial may lose their homes. For example, assets or loan proceeds, or the product; (2) the other product is sold at establishment of an escrow, both the advertisements that are potentially the same time as the reverse mortgage borrower and the lender can face misleading include ‘‘income for life,’’ product; (3) a significant portion of the substantial risks. Institutions offering ‘‘you’ll never owe more than the value proceeds of the reverse mortgage is used reverse mortgages should clearly advise of your home,’’ ‘‘no payments ever,’’ to purchase another product; or (4) in consumers about their obligation to and ‘‘no risk.’’ Consumer contrast to the reverse mortgage itself, make payments for taxes and insurance misunderstanding also may be the result the other product would not provide the if they do not escrow. of misrepresentations that reverse consumer with funds to meet emergency Existence and Effectiveness of mortgages constitute ‘‘government needs or to pay ordinary living Consumer Counseling—Another risk to benefits’’ or a ‘‘government program,’’ expenses. the consumer is that consumer with no explanation that the products counseling may not be effective. Guidance are loans made by private entities and Further, while counseling is considered that the only government program for The consumer protection concerns an integral part of the reverse mortgage reverse mortgages is the federally- discussed above raise compliance and process and is mandatory for HECM insured HECM program.30 reputation risks for institutions offering transactions, it may not be required for reverse mortgages. The Agencies have In addition, consumers may not be proprietary products, depending on provided sufficient information about developed the guidance set forth below applicable state law. Even when to assist institutions in managing these alternatives to reverse mortgages that provided, consumer counseling may not may be more appropriate for their risks effectively. Institutions should be fully effective in helping borrowers manage the compliance and reputation circumstances. Such alternative make informed decisions about reverse products include home equity lines of risks raised by reverse mortgage lending mortgage products. Counseling through implementation of credit, sale-leaseback financing, and conducted over the telephone, in deferred payment loans. Consumers communication, disclosure, and particular, may not be adequate in all counseling practices such as those may not be aware that the fees for both cases, in part because it may be more HECMs and proprietary reverse discussed below and by taking actions difficult for counselors to assess a to avoid potential conflicts of interest. mortgages—particularly up-front costs— borrower’s understanding of the product may be higher than those for other types The Agencies will assess whether institutions have taken adequate steps to of mortgages, such as home equity lines 31 For example, HECMs carry upfront origination and mortgage insurance fees that may total four address the risks discussed in this 29 See Testimony presented at Hearings of the percent of the loan amount (in addition to other guidance. U.S. Senate Special Committee on Aging conducted closing costs and ongoing insurance and servicing Lenders offering proprietary products on December 12, 2007, available on the Internet at fees). In HERA, Congress required the U.S. should be especially diligent regarding http://aging.senate.gov/ Government Accountability Office (GAO) to study hearing_detail.cfm?id=296507. See also AARP ways of reducing borrower costs and insurance effective compliance risk management report reference in note 7, above. premiums. See GAO report entitled: ‘‘Reverse 30 Regulation Z prohibits misrepresentations Mortgages: Policy Changes Have Had Mostly 32 See AARP, Reverse Mortgage: Niche Product or about government endorsements in advertisements Positive Effects on Lenders and Borrowers, but Mainstream Solution, Dec. 2007, at 72, 98 (available for closed-end credit secured by a dwelling. 12 CFR These Changes and Market Developments have at http://assets.aarp.org/rgcenter/consume/ 226.24. Increased HUD’s Risk’’ (GAO–09–836). 2007_22_revmortgage.pdf).

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66659

since proprietary reverse mortgages are when a consumer is shopping for a understanding and manage compliance not subject to the consumer protection mortgage and not just upon the risks, reverse mortgage lenders offering requirements applicable to HECM submission of an application or at proprietary products should require reverse mortgages.33 The Agencies consummation.34 Such information counseling from qualified independent expect institutions offering proprietary should describe how disbursements counselors before a consumer submits reverse mortgage products to follow or from the reverse mortgage can be an application for reverse mortgage loan to adopt as appropriate relevant HECM received. The provision of timely and or pays an application fee. To ensure the requirements in the general areas of descriptive information would serve as independence of counselors, mandatory counseling, disclosures, an important supplement to the institutions should adopt policies that affordable origination fees, restrictions disclosures currently required under prohibit steering a consumer to any one on cross-selling of ancillary products, TILA and other laws. particular counseling agency and that and reliable appraisals. Taking this step Accordingly, in order to assist prohibit contacting a counselor on the should help to ensure that institutions consumers in their product selection consumer’s behalf. Similarly, an are addressing the full range of decisions, an institution should use institution’s policies could prohibit the consumer protection concerns raised by promotional materials and other institution from contacting a counselor reverse mortgages. Moreover, the product descriptions that provide to discuss a particular consumer, a Agencies expect institutions to take information about the costs, terms, particular transaction, or the timing or appropriate steps to determine that features, and risks of reverse mortgage content of a counseling session unless consumers will be able to pay required products. This information would the consumer is involved. Institutions taxes and insurance. normally include but need not be should also strongly encourage Communications with Consumers— limited to: borrowers to obtain counseling in Many of the consumer protection ➢ Borrower and property eligibility; person and to attend counseling ➢ concerns regarding reverse mortgages When marketing proprietary sessions with family members. Family relate to the adequacy of information products, the fact that these reverse members or other trusted individuals provided to consumers. Institutions mortgages are not government insured may be able to help explain the offering reverse mortgage products and the resulting risks to consumers; transaction and its consequences to the ➢ should take steps to manage compliance Determination of principal limits consumer. and reputation risks by providing based on home value, borrower age, and As a general matter, qualified consumers with information designed to expected interest rates; independent counselors should provide ➢ help them make informed decisions Lump sum and other disbursement adequate time to discuss these matters when selecting financial products, options and their possible implications; ➢ in detail and to address questions and including reverse mortgages and the The circumstances under which concerns raised by homeowners, and options for receiving loan advances the loan must be repaid; should be able to inform the consumer ➢ The actions the borrower must from them. about the following and other relevant take to prevent the loan from becoming To promote effective risk matters: management, institutions should review in default and therefore due and ➢ The availability of other housing, advertisements and other marketing payable, including the need to continue social service, health, and financial materials to ensure that important to pay taxes and insurance on the options; information is disclosed clearly and property; ➢ ➢ Financing options other than conspicuously. For example, Fees and charges associated with reverse mortgages, including other institutions should review the reverse mortgages; mortgage products, sale-leaseback ➢ The requirement to make prominence of marketing claims and financing, and deferred payment loans; any related clarifying statements to payments for real estate taxes and ➢ The differences between HECM ensure that potential borrowers are not insurance if not escrowed; ➢ loans and proprietary reverse mortgages; misled or deceived. Institutions also are Alternatives to reverse mortgage ➢ The financial implications and tax responsible for ensuring that marketing products that are offered by the consequences of entering into a reverse materials do not provide misleading institution and may address the mortgage; information about product features, loan homeowner’s needs; and ➢ ➢ The impact of a reverse mortgage terms, or product risks, or about the The importance of reverse on eligibility for federal and state needs- borrower’s obligations with respect to mortgage counseling and information based assistance programs, including taxes, insurance, and home about how to find a qualified Supplemental Security Income; and maintenance. The Agencies will independent counselor so that the ➢ The impact of the reverse mortgage evaluate potentially misleading borrower is informed about possible on the estate and heirs. marketing materials and take alternatives to a reverse mortgage, the The Agencies note that the provision appropriate action to address any potential consequences of entering into of such information would be consistent marketing that violates the FTC Act a reverse mortgage, and the potential with HUD guidance for HECM lenders prohibition on deception. effect on eligibility for needs-based regarding consumer counseling. Institutions also should be attentive to public benefits. Avoidance of Potential Conflicts—To the timing, content, and clarity of all Qualified Independent Counseling— manage the compliance and reputation information presented to consumers. To further promote consumer risks associated with reverse mortgages, For example, institutions should institutions should take all reasonably develop clear and balanced product 34 When developing consumer information, necessary steps to avoid any appearance institutions should: (1) Focus on information that descriptions and make them available is important to consumer decision making; (2) of a conflict of interest. For example, highlight key information so it will be noticed; (3) reverse mortgage lenders should: 33 HECM lenders must comply with requirements employ a user-friendly and readily navigable format ➢ Adopt clear written policy and of the HECM program. This guidance is intended for presenting the information; and (4) use plain internal controls stating that neither the to supplement, and not conflict with, existing language, with concrete and realistic examples. A guidance and rules for HECM lenders. It is also consumer may benefit from comparative tables lender nor any broker will require the intended to provide HECM lenders guidance on describing key features of reverse mortgages borrower to purchase any other managing compliance and reputation risks. (including the different draw options). financial or other product from the

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66660 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

lender in order to obtain the reverse reviews should include oversight of 225), and all other applicable statutes mortgage; 35 compensation programs to ensure that and regulations to become a bank ➢ Adopt clear policies so that lending personnel are not improperly holding company and/or to acquire the originators do not have an inappropriate encouraged to direct consumers to assets or the ownership of, control of, or incentive to sell other products that may particular products. Finally, institutions the power to vote shares of a bank or appear to be linked to the granting of a should also review consumer bank holding company and all of the mortgage. For example, the institution’s complaints to identify potential banks and nonbanking companies policy could state that neither the compliance and reputation risks. owned by the bank holding company, lender nor any broker will offer to the Third Party Risk Management—When including the companies listed below. borrower or refer the borrower to a making, purchasing, or servicing reverse The applications listed below, as well provider of an annuity or other product mortgages through a third party, such as as other related filings required by the or service prior to the closing of the a mortgage broker or correspondent, Board, are available for immediate reverse mortgage or, if applicable, the institutions should take steps to manage inspection at the Federal Reserve Bank expiration of the borrower’s right to the compliance and reputation risks indicated. The application also will be rescind the loan; and presented by such relationships. These available for inspection at the offices of ➢ Adopt clear compensation policies steps would include: (1) Conducting the Board of Governors. Interested to guard against other inappropriate due diligence and establishing criteria persons may express their views in incentives for loan officers and third for entering into and maintaining writing on the standards enumerated in parties, such as mortgage brokers and relationships with such third parties; (2) the BHC Act (12 U.S.C. 1842(c)). If the correspondents, to make a loan. establishing criteria for third-party proposal also involves the acquisition of In addition, conflicts are less likely to compensation that are designed to avoid a nonbanking company, the review also be a concern if the borrower has providing incentives for originations includes whether the acquisition of the received information and access to inconsistent with the institution’s nonbanking company complies with the independent counseling as described policies and procedures; (3) setting standards in section 4 of the BHC Act above. requirements for agreements with such (12 U.S.C. 1843). Unless otherwise Policies, Procedures, and Internal third parties; (4) establishing internal noted, nonbanking activities will be Controls—Institutions should have procedures and systems to monitor conducted throughout the United States. policies and procedures to address the ongoing compliance with applicable Additional information on all bank concerns expressed in this guidance, agreements, institution policies, and holding companies may be obtained including those involving conflicts of laws and regulations; and (5) from the National Information Center interest and the provision of consumer implementing appropriate corrective website at www.ffiec.gov/nic/. information. In addition, institutions actions in the event that the third party Unless otherwise noted, comments should have effective internal controls fails to comply with such agreements, regarding each of these applications to monitor whether actual practices are policies, or laws and regulations. In must be received at the Reserve Bank consistent with their policies and addition, institutions should structure indicated or the offices of the Board of operating procedures relating to reverse third party relationships so as not to Governors not later than January 11, mortgages. To achieve these objectives, contravene RESPA’s general prohibition 2010. training should be designed so that against paying or receiving any fee or A. Federal Reserve Bank of Dallas relevant lending personnel are able to other thing of value in exchange for the (W. Arthur Tribble, Vice President) 2200 convey information to consumers about referral of business related to a reverse North Pearl Street, Dallas, Texas 75201- product terms and risks in a timely, mortgage transaction. Fees must be paid 2272: accurate, and balanced manner. only for the permissible services 1. Bank4Texas Holdings Inc., Tomball Furthermore, institutions’ independent provided by the third party, consistent Texas, to become a bank holding monitoring should assess how well with the provisions of Section 8 of company by, acquiring 100 percent of lending personnel are following internal RESPA. Northern Bancshares, Inc., Chillicothe, policies and procedures and evaluate Moreover, institutions should not Texas, and indirectly acquire The First the nature and extent of policy accept fees from any third party without National Bank of Chillicothe, exceptions. Findings should be reported providing appropriate services to Chillicothe, Texas. to relevant management. In addition, warrant any such fee. institutions’ legal and compliance Board of Governors of the Federal Reserve Dated: December 11, 2009. System, December 11, 2009. 35 The anti-tying provisions of Section 106(b) of Federal Financial Institutions Examination Robert deV. Frierson, the Bank Holding Company Act of 1970 applicable Council. Deputy Secretary of the Board. to banks, and comparable anti-tying provisions for Paul Sanford, savings associations, savings and loan holding [FR Doc. E9–29873 Filed 12–15–09; 8:45 am] companies, and their affiliates, prohibit these Executive Secretary. BILLING CODE 6210–01–S institutions from, among other things, requiring a [FR Doc. E9–29882 Filed 12–15–09; 8:45 am] customer to purchase certain nonbanking products or services, including insurance and annuity BILLING CODE 6210–01–P products, as a condition to obtaining or varying the FEDERAL MARITIME COMMISSION price of credit. See 12 U.S.C. 1972, 1464(q), and 1467a(n), respectively. In addition, banks and FEDERAL RESERVE SYSTEM Notice of Agreements Filed savings associations that offer insurance and annuities are specifically prohibited from engaging The Commission hereby gives notice in practices that would cause a consumer to believe Formations of, Acquisitions by, and that an extension of credit is conditioned on the Mergers of Bank Holding Companies of the filing of the following agreements purchase of insurance or an annuity from the under the Shipping Act of 1984. creditor. See 12 U.S.C. 1831x and Consumer The companies listed in this notice Interested parties may submit comments Protection in Sales of Insurance Rules, 12 CFR have applied to the Board for approval, on the agreements to the Secretary, 14.30, 208.83, 343.30, and 536.30. The Agencies examine institutions for compliance with these pursuant to the Bank Holding Company Federal Maritime Commission, legal requirements and will take appropriate action Act of 1956 (12 U.S.C. 1841 et seq.) Washington, DC 20573, within ten days to address any violations. (BHC Act), Regulation Y (12 CFR Part of the date this notice appears in the

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66661

Federal Register. Copies of the By Order of the Federal Maritime What Information Is GSA Particularly agreements are available through the Commission. Interested In? Karen V. Gregory, Commission’s Web site (http:// Pursuant to section 3506(c)(2)(A) of www.fmc.gov) or by contacting the Secretary. the PRA, GSA specifically solicits Office of Agreements at (202)–523–5793 [FR Doc. E9–29936 Filed 12–15–09; 8:45 am] comments and information to enable it or [email protected]. BILLING CODE 6730–01–P to: Agreement No.: 011656–003. (i) Evaluate whether the proposed Title: West Coast Industrial Express collection of information is necessary Joint Service Agreement. for the proper performance of the Parties: Associated Transport Line, GENERAL SERVICES functions of the Agency, including LC.; Industrial Maritime Carriers, LLC; ADMINISTRATION whether the information will have and West Coast Industrial Express, LLC. practical utility; Filing Party: Wade S. Hooker, Esq.; [OMB Control No. 3090–0285] (ii) Evaluate the accuracy of the 211 Central Park W.; New York, NY Agency’s estimate of the burden of the 10024. Agency Information Collection proposed collection of information, Synopsis: The amendment deletes Activities; Submission for OMB including the validity of the ATL Investment Ltd. as a party and Review; USASpending/IT Dashboard methodology and assumptions used; revises the ownership stake of the Feedback Mechanisms Information (iii) Enhance the quality, utility, and remaining parties. Collection clarity of the information to be collected; and Agreement No.: 011792–003. AGENCY: Interagency Policy and Title: NYK/WWL/CSAV South Management Division, Office of (iv) Minimize the burden of the America Space Charter Agreement. Governmentwide Policy, U.S. General collection of information on those who Parties: Compania Sud Americana de Services Administration (GSA). are to respond, including through the Vapores S.A. and Nippon Yusen Kaisha. use of appropriate automated electronic, Filing Party: Patricia M. O’Neill, Esq.; ACTION: Notice of request for comments mechanical, or other technological NYK Line (North America) Inc.; 300 regarding a new OMB clearance. collection techniques or other forms of Lighting Way, 5th Floor; Secaucus, NJ information technology, e.g., permitting SUMMARY: In compliance with the 07094. electronic submission of responses. In Paperwork Reduction Act (PRA) (44 Synopsis: The amendment authorizes particular, GSA is requesting comments U.S.C. 3501 et seq.), this document CSAV to charter space to NYK to RORO from very small businesses (those that announces that GSA is planning to vessels to each other in the trade employ less than 25) on examples of submit a request to replace an between the U.S. East coast and South specific additional efforts that GSA emergency Information Collection America. could make to reduce the paperwork Request (ICR) to the Office of Agreement No.: 012032–003. burden for very small businesses Management and Budget (OMB). Before affected by this collection. Title: CMA CGM/MSC/Maersk Line submitting this ICR to OMB for review North and Central China-U.S. Pacific and approval, GSA is soliciting What Should I Consider When I Coast Two-Loop Space Charter, Sailing comments on specific aspects of the Prepare My Comments for GSA? and Cooperative Working Agreement. proposed information collection as Parties: A.P. Moller-Maersk A/S, CMA You may find the following described below. A request for public suggestions helpful for preparing your CGM S.A., and Mediterranean Shipping comments was published in the Federal Company S.A. comments. Register at 74 FR 45452, on September 1. Explain your views as clearly as Filing Party: Wayne R. Rohde, Esq.; 2, 2009. No comments were received. Sher and Blackwell LLP; 1850 M Street, possible and provide specific examples. NW., Suite 900; Washington, DC 20036. DATES: Submit comments on or before 2. Describe any assumptions that you Synopsis: The amendment clarifies January 15, 2010. used. space allocations under the agreement. ADDRESSES: Submit comments including 3. Provide copies of any technical suggestions for reducing this burden to: information and/or data you used that Agreement No.: 201157–002. support your views. Title: USMX–ILA Master Contract FAR Desk Officer, OMB, Room 10102, NEOB, Washington, DC 20503, and a 4. If you estimate potential burden or between United States Maritime costs, explain how you arrived at the Alliance, Ltd. and International copy to the General Services Administration, Regulatory Secretariat estimate that you provide. Longshoremen’s Association. 5. Offer alternative ways to improve Parties: United States Maritime (MVPR), 1800 F Street, NW., Room 4041, Washington, DC 20405. Please cite the collection activity. Alliance, Ltd., on behalf of 6. Make sure to submit your Management, and the International OMB Control No. 3090–0285, USASpending/IT Dashboard Feedback comments by the deadline identified Longshoremen’s Association, AFL–CIO. under DATES. Filing Parties: William M. Spelman, Mechanisms Information Collection, in all the correspondence. 7. To ensure proper receipt by GSA, Esq.; The Lambos Firm; 29 Broadway, be sure to identify the ICR title on the 9th Floor; New York, NY 10006 and FOR FURTHER INFORMATION CONTACT: Lalit first page of your response. You may Andre Mazzola, Esq.; Marrinan & Bajaj, Interagency Policy and also provide the Federal Register Mazzola Mardon, P.C.; 26 Broadway, Management Division, Office of citation. 17th Floor; New York, NY 10004. Governmentwide Policy, General Synopsis: The amendment extends Services Administration, 1800 F Street What Information Collection Activity or the terms and conditions of USMX–ILA NW., Room 2227, Washington, DC ICR Does This Apply To? Master Contract to September 30, 2012, 20405–0001; telephone number: 202– Title: USA Spending/IT Dashboard and revises the tonnage assessments 208–7887; fax number: 202–501–3136; Feedback Mechanisms Information under the contract. or e-mail address: [email protected]. Collection. Dated: December 11, 2009. SUPPLEMENTARY INFORMATION: OMB Control Number: 3090–0285.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66662 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

The USAspending.gov Web site, and providing information; adjust the ACTION: Notice of request for public provides information, as collected from existing ways to comply with any comments regarding a new OMB Federal agencies, to the public in previously applicable instructions and information clearance. accordance with the Federal Funding requirements which have subsequently Accountability and Transparency Act of changed; train personnel to be able to SUMMARY: Under the provisions of the 2006 (Transparency Act). respond to a collection of information; Paperwork Reduction Act of 1995 (44 USAspending.gov is a public-friendly search data sources; complete and U.S.C. Chapter 35), the Federal Web site that provides details regarding review the collection of information; Acquisition Regulation (FAR) each Federal award, such as: the name and transmit or otherwise disclose the Regulatory Secretariat (MVPR) will be and location of the entity receiving the information. submitting to the Office of Management award, the amount of the award, The estimated annual burden request and Budget (OMB) a request to review funding agency for the award, etc. is summarized here: and approve a new information Additionally, the IT dashboard Web Affected entities: Anyone that chooses collection requirement regarding site, which is a part of to visit USASpending.gov, including the Limitations on Pass-Through Charges. USAspending.gov, provides details of IT Dashboard Web site. Public comments are particularly Federal Information Technology (IT) Estimated total number of invited on: Whether this collection of investments and is based on data respondents: 5,000. information is necessary for the proper received from agency reports to the Frequency of responses: 105 per week. performance of functions of the FAR, Office of Management and Budget Total Responses: 5000. and whether it will have practical (OMB). The ability to look at contracts, Average Burden Hours Per Response: utility; whether our estimate of the grants, loans, Information Technology 6 minutes. public burden of this collection of investments, and other types of Estimated total annual burden hours: information is accurate, and based on spending across many agencies, in 500 hours. valid assumptions and methodology; greater detail, is a key ingredient to ways to enhance the quality, utility, and building public trust in government and What Is the Next Step in the Process for clarity of the information to be credibility in the professionals who use This ICR? collected; and ways in which we can these agreements. USAspending.gov GSA will consider the comments minimize the burden of the collection of visitors will be provided opportunities received and amend the ICR as information on those who are to to provide feedback in the spirit of the appropriate. The final ICR package will respond, through the use of appropriate President’s open government and then be submitted to OMB for review technological collection techniques or transparency initiative. Examples of and approval pursuant to 5 CFR other forms of information technology. feedback mechanisms are: 1320.12. DATES: Submit comments on or before (1) A ‘‘Contact Us’’ entry page with an Obtaining Copies of Proposals: January 15, 2010. optional contact e-mail address for those Requesters may obtain a copy of the ADDRESSES: visitors wishing to identify themselves Submit comments regarding information collection documents from this burden estimate or any other aspect on the USAspending.gov Web page, the General Services Administration, (2) A ‘‘Contact Us’’ entry page with a of this collection of information, Regulatory Secretariat (MVPR), 1800 F contact e-mail address on the IT including suggestions for reducing this Street, NW., Room 4041, Washington, dashboard Web page; and burden to: FAR Desk Officer, OMB, DC 20405, telephone (202) 501–4755. (3) A Collaborative Work Room 10102, NEOB, Washington, DC Please cite OMB Control Number 3090– Environment using wiki Web pages, e- 20503, and a copy to the General 0285, USASpending/IT Dashboard mail discussion forum, message archive, Services Administration, Regulatory Feedback Mechanisms, in all shared file workspace, full text search Secretariat (MVPR), General Services correspondence. capability, etc. Administration, 1800 F Street, NW., Additional feedback mechanisms may Dated: December 9, 2009. Room 4041, Washington, DC 20405. be placed in the future but additional Casey Coleman, Please cite OMB Control No. 9000–0173, details have not yet been defined Chief Information Officer, General Services Limitations on Pass-Through Charges, in regarding them. This information Administration. all correspondence. collection request for a generic [FR Doc. E9–29837 Filed 12–15–09; 8:45 am] FOR FURTHER INFORMATION CONTACT: Mr. clearance is a replacement of the BILLING CODE 6820–WY–P Edward Chambers, Procurement emergency ICR approved by OMB. It is Analyst, Contract Policy Branch, at being submitted in order to fulfill the telephone (202) 501–3221 or via e-mail public feedback aspects of this to [email protected]. important initiative. DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION: Burden Statement: The annual public reporting and recordkeeping burden for GENERAL SERVICES A. Purpose this collection of information is ADMINISTRATION To enable contracting officers to estimated to average up to 500 hours per verify that pass-through charges are not year. Burden means the total time, NATIONAL AERONAUTICS AND excessive, the provision at 52.215–22 effort, or financial resources expended SPACE ADMINISTRATION requires offerors submitting a proposal by persons to generate, maintain, retain, for a contract, task order, or delivery or disclose or provide information to or [OMB Control No. 9000–0173] order to provide the following for a Federal agency. This includes the Submission for OMB Review; information with its proposal: (1) The time needed to review instructions; Limitations on Pass-Through Charges percent of effort the offeror intends to develop, acquire, install, and utilize perform and the percent expected to be technology and systems for the purposes AGENCY: Department of Defense (DOD), performed by each subcontractor. (2) If of collecting, validating, and verifying General Services Administration (GSA), the offeror intends to subcontract more information, processing and and National Aeronautics and Space than 70 percent of the total cost of work maintaining information, and disclosing Administration (NASA). to be performed—(i) The amount of the

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66663

offeror’s indirect costs and profit/fee report on genetics education and DEPARTMENT OF HEALTH AND applicable to the work to be performed training, and an information-gathering HUMAN SERVICES by the subcontractor(s); and (ii) A session on the mechanisms and policies description of the value added by the related to genomic data sharing. Other National Institutes of Health offeror as related to the work to be agenda items include a preliminary National Center for Complementary performed by the subcontractor(s). (3) If discussion to help plan a future session any subcontractor intends to and Alternative Medicine; Notice of on implications of an affordable Meeting subcontract to a lower-tier subcontractor genome; a report on activities of the more than 70 percent of the total cost of Clinical Utility and Comparative Pursuant to Section 10(d) of the work to be performed under its Effectiveness Task Force; and updates Federal Advisory Committee Act, as subcontract—(i) The amount of the from Federal agencies on activities amended (5 U.S.C. App.), notice is subcontractor’s indirect costs and profit/ related to the implementation of the hereby given of the National Advisory fee applicable to the work to be Genetic Information Nondiscrimination Council for Complementary and performed by the lower-tier Act, the coverage and reimbursement of Alternative Medicine (NACCAM) subcontractor(s); and (ii) A description genetic tests, the oversight of genetic meeting. of the value added by the subcontractor The meeting will be open to the testing, and the retention and use of as related to the work to be performed public as indicated below, with residual dried blood spot specimens by the lower-tier subcontractor(s). attendance limited to space available. after newborn screening. B. Annual Reporting Burden Individuals who plan to attend and As always, the Committee welcomes need special assistance, such as sign Respondents: 25,380. hearing from anyone wishing to provide language interpretation or other Responses per Respondent: 1. public comment on any issue related to reasonable accommodations, should Hours per Response: 147,515. Total Burden Hours: 13,260. genetics, health and society. Individuals notify the Contact Person listed below Obtaining Copies of Proposals: who would like to provide public in advance of the meeting. Requesters may obtain a copy of the comment should notify the SACGHS A portion of the meeting will be information collection documents from Executive Secretary, Ms. Sarah Carr, by closed to the public in accordance with the General Services Administration, telephone at 301–496–9838 or e-mail at the provisions set forth in sections Regulatory Secretariat (MVPR), 1800 F [email protected]. The SACGHS office is 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Street, NW., Room 4041, Washington, located at 6705 Rockledge Drive, Suite as amended. The grant applications DC 20405, telephone (202) 501–4755. 750, Bethesda, MD 20892. Anyone and/or contract proposals and the Please cite OMB Control No. 9000–0173, planning to attend the meeting who discussion could disclose confidential Limitations on Pass-Through Charges, in needs special assistance, such as sign trade secrets or commercial property such as patentable material, and all correspondence. language interpretation or other personal information concerning reasonable accommodations, is also Dated: December 10, 2009. individuals associated with the grant Al Matera, asked to contact the Executive applications and/or contract proposals, Director, Acquisition Policy Division. Secretary. the disclosure of which would [FR Doc. E9–29876 Filed 12–15–09; 8:45 am] Under authority of 42 U.S.C. 217a, constitute a clearly unwarranted BILLING CODE 6820–EP–P Section 222 of the Public Health Service invasion of personal privacy. Act, as amended, the Department of Name of Committee: National Advisory Health and Human Services established Council for Complementary and Alternative DEPARTMENT OF HEALTH AND SACGHS to serve as a public forum for Medicine. HUMAN SERVICES deliberations on the broad range of Date: February 5, 2010. human health and societal issues raised Closed: 8:30 a.m. to 10:30 a.m. Office of the Secretary by the development and use of genetic Agenda: To review and evaluate grant applications and/or proposals. Notice of Meeting: Secretary’s and genomic technologies and, as Open: 11 a.m. to 5 p.m. Advisory Committee on Genetics, warranted, to provide advice on these Agenda: Opening remarks by the Director Health, and Society issues. The draft meeting agenda and of the National Center for Complementary other information about SACGHS, and Alternative Medicine, presentation of a Pursuant to Public Law 92–463, including information about access to new research initiative, and other business of notice is hereby given of the twenty-first the Web cast, will be available at the the Council. meeting of the Secretary’s Advisory Place: National Institutes of Health, following Web site: http:// Neuroscience Building, 6001 Executive Committee on Genetics, Health, and oba.od.nih.gov/SACGHS/ Boulevard, Conference Rooms C & D, Society (SACGHS), U.S. Public Health sacghs_meetings.html. Bethesda, MD 20892. Service. The meeting will be held from Contact Person: Martin H. Goldrosen, 8:30 a.m. to approximately 5:30 p.m. on Dated: December 10, 2009. Ph.D., Executive Secretary, Director, Division Thursday, February 4, 2010, and from 8 Jennifer Spaeth, of Extramural Activities, National Center for a.m. to approximately 3 p.m. on Friday, Director, NIH Office of Federal Advisory Complementary and Alternative Medicine, February 5, 2010, at the Omni Shoreham Committee Policy. National Institutes of Health, 6707 Democracy Blvd., Suite 401, Bethesda, MD Hotel, 2500 Calvert Street, NW., [FR Doc. E9–29899 Filed 12–15–09; 8:45 am] 20892, (301) 594–2014. Washington, DC 20008. The meeting BILLING CODE 4140–01–P will be open to the public with The public comments session is scheduled from 4:30–5 p.m., but could change attendance limited to space available. depending on the actual time spent on each The meeting also will be Web cast. agenda item. Each speaker will be permitted The main agenda items involve the 5 minutes for their presentation. Interested review of a revised report on gene individuals and representatives of patents and licensing practices, the organizations are requested to notify Dr. review of a public consultation draft Martin H. Goldrosen, National Center for

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66664 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

Complementary and Alternative Medicine, would constitute a clearly unwarranted Date: January 26–27, 2010. NIH, 6707 Democracy Boulevard, Suite 401, invasion of personal privacy. Closed: January 26, 2010, 3 p.m. to 5 p.m. Bethesda, Maryland, 20892, 301–594–2014, Agenda: To review and evaluate grant Fax: 301–480–9970. Letters of intent to Name of Committee: National Institute of applications. present comments, along with a brief Diabetes and Digestive and Kidney Diseases Place: National Institutes of Health, description of the organization represented, Special Emphasis Panel; Bariatric Surgery, Building 31, 31 Center Drive, C Wing, should be received no later than 5 p.m. on T2DM and CVS Complications. Conference Room 10, Bethesda, MD 20892. February 1, 2010. Only one representative of Date: February 24, 2010. Open: January 27, 2010, 8 a.m. to 1:30 p.m. an organization may present oral comments. Time: 8 a.m. to 5 p.m. Agenda: Call to order and reports from the Any person attending the meeting who does Agenda: To review and evaluate grant Task Force on Minority Aging Research, the not request an opportunity to speak in applications. Working Group on Program, the Council of Place: Bethesda Marriott Suites, 6711 advance of the meeting may be considered Councils, Program Highlights, Intramural Democracy Boulevard, Bethesda, MD 20817. for oral presentation, if time permits, and at Research Program, and a presentation from Contact Person: D.G. Patel, Ph.D., the discretion of the Chairperson. In Dr. Francis Collins, Director, NIH. Scientific Review Officer, Review Branch, addition, written comments may be Place: National Institutes of Health, DEA, NIDDK, National Institutes of Health, submitted to Dr. Martin H. Goldrosen at the Building 31, 31 Center Drive, C Wing, Room 756, 6707 Democracy Boulevard, address listed above up to ten calendar days Conference Room 10, Bethesda, MD 20892. Bethesda, MD 20892–5452, (301) 594–7682, (February 15, 2010) following the meeting. Closed: January 27, 2010, 1:30 p.m. to 2 [email protected]. Copies of the meeting agenda and the p.m. roster of members will be furnished upon (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate the request by contacting Dr. Martin H. Program Nos. 93.847, Diabetes, Intramural Research Program. Goldrosen, Executive Secretary, NACCAM, Endocrinology and Metabolic Research; Place: National Institutes of Health, National Center for Complementary and 93.848, Digestive Diseases and Nutrition Building 31, 31 Center Drive, C Wing, Alternative Medicine, National Institutes of Research; 93.849, Kidney Diseases, Urology Conference Room 10, Bethesda, MD 20892. Health, 6707 Democracy Boulevard, Suite and Hematology Research, National Institutes Contact Person: Robin Barr, Ph.D., 401, Bethesda, Maryland 20892, 301–594– of Health, HHS) 2014, Fax 301–480–9970, or via e-mail at Director, National Institute on Aging, Office [email protected]. Dated: December 10, 2009. of Extramural Activities, Gateway Building, 7201 Wisconsin Avenue, Bethesda, MD In the interest of security, NIH has Jennifer Spaeth, 20814, (301) 496–9322, [email protected]. instituted stringent procedures for entrance Director, Office of Federal Advisory Any interested person may file written into the building by non-government Committee Policy. employees. Persons without a government comments with the committee by forwarding I.D. will need to show a photo I.D. and sign- [FR Doc. E9–29901 Filed 12–15–09; 8:45 am] the statement to the Contact Person listed on in at the security desk upon entering the BILLING CODE 4140–01–P this notice. The statement should include the building. name, address, telephone number and when (Catalogue of Federal Domestic Assistance applicable, the business or professional Program Nos. 93.701, ARRA Related DEPARTMENT OF HEALTH AND affiliation of the interested person. Biomedical Research and Research Support HUMAN SERVICES In the interest of security, NIH has Awards.; 93.213, Research and Training in instituted stringent procedures for entrance Complementary and Alternative Medicine, National Institutes of Health onto the NIH campus. All visitor vehicles, National Institutes of Health, HHS) including taxicabs, hotel, and airport shuttles National Institute on Aging; Notice of will be inspected before being allowed on Dated: December 10, 2009. Meeting campus. Visitors will be asked to show one Jennifer Spaeth, form of identification (for example, a Director, Office of Federal Advisory Pursuant to section 10(d) of the government-issued photo ID, driver’s license, Committee Policy. Federal Advisory Committee Act, as or passport) and to state the purpose of their [FR Doc. E9–29898 Filed 12–15–09; 8:45 am] amended (5 U.S.C. App.), notice is visit. Information is also available on the BILLING CODE 4140–01–P hereby given of a meeting of the National Advisory Council on Aging. Institute’s/Center’s home page: http:// www.nih.gov/nia/naca/, where an agenda The meeting will be open to the and any additional information for the DEPARTMENT OF HEALTH AND public as indicated below, with meeting will be posted when available. HUMAN SERVICES attendance limited to space available. (Catalogue of Federal Domestic Assistance Individuals who plan to attend and Program Nos. 93.866, Aging Research, National Institutes of Health need special assistance, such as sign National Institutes of Health, HHS) language interpretation or other Dated: December 10, 2009. National Institute of Diabetes and reasonable accommodations, should Digestive and Kidney Diseases; Notice notify the Contact Person listed below Jennifer Spaeth, of Closed Meeting in advance of the meeting. Director, Office of Federal Advisory Committee Policy. Pursuant to section 10(d) of the The meeting will be closed to the [FR Doc. E9–29902 Filed 12–15–09; 8:45 am] Federal Advisory Committee Act, as public in accordance with the amended (5 U.S.C. App.), notice is provisions set forth in sections BILLING CODE 4140–01–P hereby given of the following meeting. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., The meeting will be closed to the as amended. The grant applications and the discussions could disclose DEPARTMENT OF HEALTH AND public in accordance with the HUMAN SERVICES provisions set forth in sections confidential trade secrets or commercial 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., property such as patentable material, National Institutes of Health as amended. The grant applications and and personal information concerning the discussions could disclose individuals associated with the grant National Institute of Diabetes and confidential trade secrets or commercial applications, the disclosure of which Digestive and Kidney Diseases; Notice property such as patentable material, would constitute a clearly unwarranted of Closed Meetings and personal information concerning invasion of personal privacy. individuals associated with the grant Name of Committee: National Advisory Pursuant to section 10(d) of the applications, the disclosure of which Council on Aging. Federal Advisory Committee Act, as

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66665

amended (5 U.S.C. App.), notice is DEPARTMENT OF HOMELAND including whether the information will hereby given of the following meetings. SECURITY have practical utility; The meetings will be closed to the (2) Evaluate the accuracy of the U.S. Customs and Border Protection agencies/components estimate of the public in accordance with the burden of The proposed collection of provisions set forth in sections Agency Information Collection information, including the validity of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Activities: Customs Declaration (Form the methodology and assumptions used; as amended. The grant applications and 6059B) (3) Enhance the quality, utility, and the discussions could disclose clarity of the information to be AGENCY: U.S. Customs and Border confidential trade secrets or commercial collected; and property such as patentable material, Protection, Department of Homeland (4) Minimize the burden of the and personal information concerning Security. collections of information on those who individuals associated with the grant ACTION: 30-Day notice and request for are to respond, including the use of applications, the disclosure of which comments; Revision of an existing appropriate automated, electronic, would constitute a clearly unwarranted information collection: 1651–0009. mechanical, or other technological invasion of personal privacy. techniques or other forms of SUMMARY: U.S. Customs and Border information. Name of Committee: National Institute of Protection (CBP) of the Department of Title: Customs Declaration. Diabetes and Digestive and Kidney Diseases Homeland Security has submitted the OMB Number: 1651–0009. Special Emphasis; Panel. NIDDK DEM following information collection request Form Number: 6059B. Fellowships. to the Office of Management and Budget Abstract: The Customs Declaration, Date: February 17–18, 2010. (OMB) for review and approval in CBP Form 6059B, requires basic Time: 5 p.m. to 5 p.m. accordance with the Paperwork information to facilitate the clearance of Agenda: To review and evaluate grant Reduction Act: Customs Declaration persons and goods arriving in the applications. (Form 6059B). This is a proposed United States and helps CBP officers Place: Hyatt Regency Bethesda, One extension of an information collection determine if any duties or taxes are due. Bethesda Metro Center, 7400 Wisconsin that was previously approved. CBP is The form is also used for the Avenue, Bethesda, MD 20814. proposing that this information enforcement of CBP and other agencies Contact Person: Robert Wellner, PhD, collection be extended with a change to laws and regulations. CBP proposes to Scientific Review Officer, Review Branch, the burden hours. This document is DEA, NIDDK, National Institutes of Health, increase the burden hours for this published to obtain comments from the collection as a result of better estimates Room 757, 6707 Democracy Boulevard, public and affected agencies. This Bethesda, MD 20892–5452, (301) 594–4721, regarding the number of respondents proposed information collection was [email protected]. filling out the Form 6059B. Specifically, previously published in the Federal CBP is revising the number of Name of Committee: National Institute of Register (74 FR 51870) on October 8, respondents to this information Diabetes and Digestive and Kidney Diseases 2009, allowing for a 60-day comment collection from 60,000,000 to Special Emphasis Panel; Urothelium Program period. This notice allows for an 105,606,000. This increase in the Project. additional 30 days for public comments. number of respondents also results in an Date: March 1, 2010. This process is conducted in accordance increase to the burden hours. In Time: 1 p.m. to 5 p.m. with 5 CFR 1320.10. Agenda: To review and evaluate grant addition, CBP proposes to make a minor applications. DATES: Written comments should be change to the estimated time per Place: National Institutes of Health, Two received on or before January 15, 2010. response by decreasing the time from 4 Democracy Plaza, 6707 Democracy ADDRESSES: Interested persons are minutes and 5 seconds to 4 minutes. No Boulevard, Bethesda, MD 20892 (Telephone invited to submit written comments on changes were made to the Form. Conference Call). the proposed information collection to Current Actions: CBP is proposing to Contact Person: Atul Sahai, PhD, Scientific the Office of Information and Regulatory revise the burden hours as a result of Review Officer, Review Branch, DEA, Affairs, Office of Management and better estimates regarding the number of NIDDK, National Institutes of Health, Room Budget. Comments should be addressed respondents and response time 759, 6707 Democracy Boulevard, Bethesda, to the OMB Desk Officer for Customs associated with this collection of MD 20892–5452, (301) 594–2242, and Border Protection, Department of information. Type of Review: Extension (with [email protected]. Homeland Security, and sent via change). (Catalogue of Federal Domestic Assistance electronic mail to _ Affected Public: Individuals. Program Nos. 93.847, Diabetes, oira [email protected] or faxed Estimated Number of Respondents: Endocrinology and Metabolic Research; to (202) 395–5806. 105,606,000. 93.848, Digestive Diseases and Nutrition SUPPLEMENTARY INFORMATION: U.S. Estimated Number of Annual Research; 93.849, Kidney Diseases, Urology Customs and Border Protection (CBP) Responses per Respondent: 1. and Hematology Research, National Institutes encourages the general public and Estimated Number of Total Annual of Health, HHS) affected Federal agencies to submit Responses: 105,606,000. Dated: December 10, 2009. written comments and suggestions on Estimated Time per Response: 4 Jennifer Spaeth, proposed and/or continuing information minutes. Estimated Total Annual Burden Director, Office of Federal Advisory collection requests pursuant to the Committee Policy. Paperwork Reduction Act (Pub. L.104– Hours: 7,075,602. 13). Your comments should address one [FR Doc. E9–29900 Filed 12–15–09; 8:45 am] If additional information is required of the following four points: contact: Tracey Denning, U.S. Customs BILLING CODE 4140–01–P (1) Evaluate whether the proposed and Border Protection, Office of collection of information is necessary Regulations and Rulings, 799 9th Street, for the proper performance of the NW., 7th Floor, Washington, DC 20229– functions of the agency/component, 1177, at 202–325–0265.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66666 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

Dated: December 10, 2009. comments received, go to the Federal DEPARTMENT OF HOMELAND Tracey Denning, eRulemaking Portal at http:// SECURITY Agency Clearance Officer, U.S. Customs and www.regulations.gov. Submitted Border Protection. comments may also be inspected at Federal Emergency Management [FR Doc. E9–29857 Filed 12–15–09; 8:45 am] FEMA, Office of Chief Counsel, Room Agency BILLING CODE 9111–14–P 835, 500 C Street, SW., Washington, DC [Internal Agency Docket No. FEMA–1861– 20472. DR; Docket ID FEMA–2008–0018] FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HOMELAND Arkansas; Major Disaster and Related SECURITY Mark Kurisko, Program Specialist, 999 E Determinations Street, NW., Room 301, Washington, DC Federal Emergency Management 20463, 202–646–2840. AGENCY: Federal Emergency Agency Management Agency, DHS. SUPPLEMENTARY INFORMATION: The [Docket ID: FEMA–2009–0013] National Incident Management System ACTION: Notice. (NIMS) Incident Command System (ICS) Incident Command System (ICS) SUMMARY: This is a notice of the Forms Booklet (FEMA 502–2) is Forms Booklet FEMA 502–2 Presidential declaration of a major designed to assist emergency response disaster for the State of Arkansas AGENCY: Federal Emergency personnel in the use of ICS and (FEMA–1861–DR), dated December 3, Management Agency; Department of corresponding documentation during 2009, and related determinations. Homeland Security incident operations. This booklet is a DATES: Effective Date: December 3, 2009. companion document to the NIMS ICS ACTION: Notice of availability; Request FOR FURTHER INFORMATION CONTACT: for comment. Field Operating Guide (FOG), FEMA Peggy Miller, Disaster Assistance 502–1, which provides general guidance Directorate, Federal Emergency SUMMARY: FEMA is requesting public to emergency responders on comments on revisions to the National Management Agency, 500 C Street, SW., implementing ICS. This booklet is also Washington, DC 20472, (202) 646–3886. Incident Management System (NIMS) meant to complement existing incident SUPPLEMENTARY INFORMATION: Notice is Incident Command System (ICS) Forms management programs and does not Booklet, FEMA 502–2. The ICS Forms hereby given that, in a letter dated replace relevant emergency operations Booklet was developed to assist December 3, 2009, the President issued plans, laws, and ordinances. These emergency response personnel in the a major disaster declaration under the forms are designed for use within the use of ICS and corresponding authority of the Robert T. Stafford documentation during incident Incident Command System, and are not Disaster Relief and Emergency operations. targeted for use in Area Command or in Assistance Act, 42 U.S.C. 5121 et seq. Multi-Agency Coordination Systems. (the ‘‘Stafford Act’’), as follows: DATES: Comments must be received by This updated version of the ICS Forms January 15, 2010. I have determined that the damage in Booklet incorporates best practices, certain areas of the State of Arkansas ADDRESSES: You may submit comments, lessons learned, and input from resulting from severe storms, tornadoes, and identified by Docket ID FEMA–2009– emergency response stakeholders. flooding beginning on October 29, 2009, and 0013, by one of the following methods: The ICS Forms Booklet (FEMA 502– continuing, is of sufficient severity and magnitude to warrant a major disaster Federal eRulemaking Portal: http:// 2) is available for reviewing at http:// www.regulations.gov. Follow the declaration under the Robert T. Stafford www.regulations.gov under FEMA– instructions for submitting comments. Disaster Relief and Emergency Assistance 2009–0013. FEMA is accepting E-mail: FEMA–[email protected]. Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford Include Docket ID FEMA–2009–0013 in comments during this public comment Act’’). Therefore, I declare that such a major period and will incorporate them, as disaster exists in the State of Arkansas. the subject line of the message. In order to provide Federal assistance, you Fax: 703–483–2999. appropriate, to finalize and release the ICS Forms Booklet. are hereby authorized to allocate from funds Mail/Hand Delivery/Courier: available for these purposes such amounts as Regulation & Policy Team, Office of Authority: The authority for the ICS Forms you find necessary for Federal disaster Chief Counsel, Federal Emergency Booklet is derived from Homeland Security assistance and administrative expenses. Management Agency, Room 835, 500 C Act of 2002 and Homeland Security You are authorized to provide Public Street, SW., Washington, DC 20472. Presidential Directive (HSPD)—5. Assistance in the designated areas and Instructions: All submissions received Hazard Mitigation throughout the State. Dated: November 17, 2009. must include the agency name and Direct Federal assistance is authorized. W. Craig Fugate, Consistent with the requirement that Federal docket ID. Regardless of the method assistance is supplemental, any Federal used for submitting comments or Administrator, Federal Emergency funds provided under the Stafford Act for material, all submissions will be posted, Management Agency. Public Assistance and Hazard Mitigation will without change, to the Federal [FR Doc. E9–29937 Filed 12–15–09; 8:45 am] be limited to 75 percent of the total eligible eRulemaking Portal at http:// BILLING CODE 9111–46–P costs. www.regulations.gov, and will include Further, you are authorized to make any personal information you provide. changes to this declaration for the approved Therefore, submitting this information assistance to the extent allowable under the makes it public. You may wish to read Stafford Act. the Privacy Act notice that is available The Federal Emergency Management on the Privacy and Use Notice link on Agency (FEMA) hereby gives notice that the Administration Navigation Bar of pursuant to the authority vested in the http://www.regulations.gov. Administrator, under Executive Order Docket: For access to the docket to 12148, as amended, W. Michael Moore, read background documents or of FEMA is appointed to act as the

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66667

Federal Coordinating Officer for this DEPARTMENT OF HOUSING AND documents submitted to OMB may be major disaster. URBAN DEVELOPMENT obtained from Ms. Deitzer. The following areas of the State of [Docket No. FR–5281–N–100] SUPPLEMENTARY INFORMATION: This Arkansas have been designated as notice informs the public that the adversely affected by this major disaster: Survey of New Manufactured (Mobile) Department of Housing and Urban Home Placements Development has submitted to OMB a Boone, Bradley, Calhoun, Carroll, request for approval of the Information Cleburne, Cleveland, Columbia, Conway, AGENCY: Office of the Chief Information collection described below. This notice Cross, Dallas, Franklin, Fulton, Grant, Izard, Officer, HUD. is soliciting comments from members of Jackson, Johnson, Lafayette, Lawrence, ACTION: Notice. the public and affecting agencies Lincoln, Logan, Marion, Monroe, Nevada, concerning the proposed collection of Newton, Ouachita, Poinsett, Prairie, Pulaski, SUMMARY: The proposed information information to: (1) Evaluate whether the Randolph, Saint Francis, Scott, Sharp, Stone, collection requirement described below proposed collection of information is Union, Van Buren, White, and Woodruff has been submitted to the Office of necessary for the proper performance of Counties for Public Assistance. Direct Management and Budget (OMB) for the functions of the agency, including Federal Assistance is authorized. review, as required by the Paperwork whether the information will have All counties within the State of Arkansas Reduction Act. The Department is are eligible to apply for assistance under the practical utility; (2) Evaluate the soliciting public comments on the accuracy of the agency’s estimate of the Hazard Mitigation Grant Program. subject proposal. The following Catalog of Federal Domestic burden of the proposed collection of This survey is used to collect data on information; (3) Enhance the quality, Assistance Numbers (CFDA) are to be used the placement of new manufactured for reporting and drawing funds: 97.030, utility, and clarity of the information to (mobile) homes. The data are collected be collected; and (4) Minimize the Community Disaster Loans; 97.031, Cora from manufactured home dealers. The Brown Fund; 97.032, Crisis Counseling; burden of the collection of information principal user, HUD, uses the statistics on those who are to respond; including 97.033, Disaster Legal Services; 97.034, to monitor trends in this type of low- Disaster Unemployment Assistance (DUA); through the use of appropriate cost housing; to formulate policy, draft automated collection techniques or 97.046, Fire Management Assistance Grant; legislation, and evaluate programs. 97.048, Disaster Housing Assistance to other forms of information technology, Individuals and Households in Presidentially DATES: Comments Due Date: January 15, e.g., permitting electronic submission of Declared Disaster Areas; 97.049, 2010. responses. Presidentially Declared Disaster Assistance— ADDRESSES: Interested persons are This notice also lists the following Disaster Housing Operations for Individuals invited to submit comments regarding information: and Households; 97.050, Presidentially this proposal. Comments should refer to Title of Proposal: Survey of New Declared Disaster Assistance to Individuals the proposal by name and/or OMB Manufactured (Mobile) Home and Households—Other Needs; 97.036, approval Number (2528–0029) and Placements. Disaster Grants—Public Assistance should be sent to: HUD Desk Officer, OMB Approval Number: 2528–0029. (Presidentially Declared Disasters); 97.039, Office of Management and Budget, New Form Numbers: C–MH–9A. Hazard Mitigation Grant. Executive Office Building, Washington, Description of the Need for the DC 20503; fax: 202–395–5806. W. Craig Fugate, Information and its Proposed Use: FOR FURTHER INFORMATION CONTACT: This survey is used to collect data on Administrator, Federal Emergency Lillian Deitzer, Reports Management the placement of new manufactured Management Agency. Officer, QDAM, Department of Housing (mobile) homes. The data are collected [FR Doc. E9–29953 Filed 12–15–09; 8:45 am] and Urban Development, 451 Seventh from manufactured home dealers. The BILLING CODE 9111–23–P Street, SW., Washington, DC 20410; e- principal user, HUD, uses the statistics mail Lillian Deitzer at to monitor trends in this type of low- [email protected] or cost housing; to formulate policy, draft telephone (202) 402–8048. This is not a legislation, and evaluate programs. toll-free number. Copies of available Frequency of Submission: Monthly.

Number of Annual × Hours per Burden respondents responses response = hours

Reporting burden 2,400 2 0.5 2,400

Total Estimated Burden Hours: 2,400. DEPARTMENT OF HOUSING AND SUMMARY: The proposed information Status: Extension of a currently URBAN DEVELOPMENT collection requirement described below approved collection. will be submitted to the Office of [Docket No. FR–5284–N–02] Management and Budget (OMB) for Authority: Section 3507 of the Paperwork review, as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as Notice of Proposed Information Reduction Act. The Department is amended. Collection: Comment Request; Federal soliciting public comments on the Labor Standards Payee Verification Dated: December 10, 2009. subject proposal. and Payment Processing Lillian Deitzer, DATES: Comments Due Date: February Departmental Reports Management Officer, AGENCY: Office of Departmental 16, 2010. Office of the Chief Information Officer. Operations and Coordination, Office of ADDRESSES: Interested persons are [FR Doc. E9–29955 Filed 12–15–09; 8:45 am] Labor Relations, HUD. invited to submit comments regarding ACTION: Notice. BILLING CODE 4210–67–P this proposal. Comments should refer to

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66668 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

the proposal by name and/or OMB funds are deposited to an account in the Authority: The Paperwork Reduction Act control number and should be sent to: U.S. Treasury. If the labor standards of 1995, 44 U.S.C. Chapter 35, as amended. Lillian Deitzer, Reports Management discrepancies are resolved, HUD Dated: December 8, 2009. Officer, Department of Housing and refunds associated amounts to the Waite H. Madison, Urban Development, 451 7th Street, depositor. As underpaid laborers and Director, Office of Labor Relations. mechanics are located, HUD sends wage SW., Room 4178, Washington, DC 20410 [FR Doc. E9–29956 Filed 12–15–09; 8:45 am] or [email protected]. restitution payments to the affected BILLING CODE 4210–67–P FOR FURTHER INFORMATION CONTACT: Jade workers. Liquidated damages assessed Banks, Senior Policy Advisor, Office of for CWHSSA overtime violations are retained by HUD. Labor Relations, Department of Housing DEPARTMENT OF THE INTERIOR and Urban Development, 451 7th Street, In order to make refunds and wage restitution payments, HUD must verify SW., Room 2102, Washington, DC 20410 Fish and Wildlife Service or [email protected], telephone the identity of the payee to ensure that (202) 402–5475 (this is not a toll-free the refund is made to the correct [FWS–R8–ES–2009–N267; 80221–1113– number) for additional information. depositor or wage restitution to the 0000–F5] correct worker before payment is made. SUPPLEMENTARY INFORMATION: The In order to complete these verifications, Endangered Species Recovery Permit Department is submitting the proposed HUD will request information such as Applications information collection to OMB for the depositor’s or payee’s tax AGENCY: Fish and Wildlife Service, review, as required by the Paperwork identification number (i.e., employer Interior. Reduction Act of 1995 (44 U.S.C. identification number or Social Security Chapter 35, as amended). Number); the project name or number; ACTION: Notice of receipt of permit This Notice is soliciting comments and/or the worker’s employer’s name. applications; request for comment. from members of the public and affected All refunds from labor standards SUMMARY: agencies concerning the proposed deposit accounts are made, We, the U.S. Fish and collection of information to: (1) Evaluate electronically. Depositors entitled to a Wildlife Service, invite the public to whether the proposed collection is refund must provide to HUD the name, comment on the following applications necessary for the proper performance of address, and the account information for to conduct certain activities with the functions of the agency, including the banking institution to which the endangered species. With some whether the information will have depositor wants the refund sent. Wage exceptions, the Endangered Species Act practical utility; (2) Evaluate the restitution payments may be made by (Act) prohibits activities with accuracy of the agency’s estimate of the check or electronically, at the payee’s endangered and threatened species burden of the proposed collection of choice. HUD must collect either the unless a Federal permit allows such information; (3) Enhance the quality, payee’s mailing address, so that a check activity. The Act also requires that we utility, and clarity of the information to may be sent to them, or banking invite public comment before issuing be collected; and (4) Minimize the information for an electronic payment. these permits. burden of the collection of information Agency form numbers: HUD–4734, DATES: Comments on these permit on those who are to respond; including Labor Standards Deposit Voucher. This applications must be received on or the use of appropriate automated form is completed by HUD staff after before January 15, 2010. collection techniques or other forms of depositor or payee verification and the ADDRESSES: Written data or comments information technology, e.g., permitting collection of payment processing should be submitted to the U.S. Fish electronic submission of responses. information, i.e., banking details or and Wildlife Service, Endangered This Notice also lists the following mailing address. Species Program Manager, Region 8, information: Members of affected public: 2800 Cottage Way, Room W–2606, Title of Proposal: Federal Labor Developers and prime contractors Sacramento, CA 95825 (telephone: 916– Standards Payee Verification and engaged on HUD-assisted construction 414–6464; fax: 916–414–6486). Please Payment Processing. or maintenance work subject to Federal refer to the respective permit number for OMB Control Number, if applicable: labor standards requirements; each application when submitting 2501–0021. construction and maintenance laborers comments. Description of the need for this and mechanics employed on HUD- information and proposed use: HUD, assisted projects subject to Federal labor FOR FURTHER INFORMATION CONTACT: and State, local, and Tribal agencies standards requirements that are entitled Daniel Marquez, Fish and Wildlife administering HUD-assisted programs to wage restitution. Biologist; see ADDRESSES (telephone: must enforce Federal labor standards Estimation of the total numbers of 760–431–9440; fax: 760–431–9624). requirements, including the payment of hours needed to prepare the information SUPPLEMENTARY INFORMATION: The prevailing wage rates to laborers and collection including number of following applicants have applied for mechanics employed on HUD-assisted respondents, frequency of responses, scientific research permits to conduct construction and maintenance work that and hours of response: The estimated certain activities with endangered is covered by these requirements. number of respondents is 50 per year. species under section 10(a)(1)(A) of the Enforcement activities include securing The estimated number of hours needed Act (16 U.S.C. 1531 et seq.). We seek funds to ensure the payment of wage per respondent is .1 hours. The total review and comment from local, State, restitution that has been or may be public burden is estimated to be 5 hours and Federal agencies and the public on found due to laborers and mechanics per year. Payees do not need to the following permit requests. Before who were employed on HUD-assisted complete a form; the information may including your address, phone number, projects, and the payment of liquidated be collected by HUD in person, by e-mail address, or other personal damages that may be assessed for telephone, or in writing, at the payee’s identifying information in your violations of Contract Work Hours and option. comment, you should be aware that Safety Standards Act (CWHSSA) Status: Extension of a currently your entire comment—including your overtime violations. Ultimately, these approved collection. personal identifying information—may

VerDate Nov<24>2008 17:06 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66669

be made publicly available at any time. Permit No. TE–802089 clip, and release) the giant kangaroo rat While you can ask us in your comment Applicant: Patricia Tatarian, Santa (Dipodomys ingens), and take Tipton to withhold your personal identifying Rosa, California. The applicant requests kangaroo rat (Dipodomys nitratoides information from public review, we an amendment to an existing permit nitratoides) and Fresno kangaroo rat cannot guarantee that we will be able to (November 7, 2002; 67 FR 67863) to take (Dipodomys nitratoides exilis) in do so. (attach radio transmitters, radio track, conjunction with surveys and Permit No. TE–148556 release, collect voucher specimens; and population studies throughout the range construct, place, and monitor artificial of each species in California for the Applicant: Deborah M. Van egg laying structures in the wild) the purpose of enhancing their survival. Dooremolen, Las Vegas, Nevada. The California tiger salamander (Ambystoma applicant requests an amendment to an californiense) in conjunction with Permit No. TE–233332 existing permit (April 9, 2007; 72 FR research, surveys, and population Applicant: Maya E. Mazon, 17576) to take (harass by survey) the monitoring activities throughout the Oceanside, California. The applicant southwestern willow flycatcher range of the species in California for the requests a permit to take (survey by (Empidonax trailli extimus) in purpose of enhancing its survival. conjunction with surveys in Clark pursuit) the Quino checkerspot butterfly County, Nevada, for the purpose of Permit No. TE–231612 (Euphydryas editha quino) in enhancing its survival. Applicant: James M. Steele, Clearlake conjunction with surveys throughout Oaks, California. The applicant requests the range of the species in California for Permit No. TE–231424 a permit to take (survey, capture, the purpose of enhancing its survival. handle, translocate, and release) the San Applicant: Seth A. Shanahan, Las Permit No. TE–233331 Vegas, Nevada. The applicant requests a Francisco garter snake (Thamnophis permit to take (harass by survey) the sirtalis) in conjunction with surveys and Applicant: Bureau of Land southwestern willow flycatcher habitat enhancement activities in San Management, Arcata, California. The (Empidonax trailli extimus) and Yuma Mateo County, California, for the applicant requests a permit to remove/ clapper rail (Rallus longirostris purpose of enhancing its survival. reduce to possession Erysimum yumanensis) in conjunction with Permit No. TE–012973 menziesii ssp. eurekense (Humboldt Bay surveys in Clark County, Nevada, for the wallflower), Layia carnosa (beach layia), purpose of enhancing their survival. Applicant: ECORP Consulting Incorporated, Rocklin, California. The and Arabis macdonaldiana (McDonald’s Permit No. TE–231425 applicant requests an amendment to an rockcress) from Federal lands in conjunction with botanical surveys and Applicant: Robert C. Fletcher, San existing permit issued on June 14, 1999, to take (capture, collect, and kill) the voucher/seed bank collection activities Diego, California. The applicant Conservancy fairy shrimp (Branchinecta in Arcata County, California, for the requests a permit to take (survey by conservatio), the longhorn fairy shrimp purpose of enhancing their survival. pursuit) the Quino checkerspot butterfly (Branchinecta longiantenna), the (Euphydryas editha quino) in Permit No. TE–233367 Riverside fairy shrimp (Streptocephalus conjunction with surveys throughout wootoni), the San Diego fairy shrimp the range of the species in California for Applicant: Laura E. Gorman, Redondo (Branchinecta sandiegonensis), and the the purpose of enhancing its survival. Beach, California. The applicant vernal pool tadpole shrimp (Lepidurus requests a permit to take (survey by Permit No. TE–231427 packardi) in conjunction with surveys pursuit) the Quino checkerspot butterfly throughout the range of each species in Applicant: John R. Ivanov, Pasadena, (Euphydryas editha quino) in California. The applicant is requesting conjunction with surveys throughout California. The applicant requests a to take (collect soil containing Federally permit to take (harass by survey and the range of the species in California for listed fairy shrimp cysts of the above- the purpose of enhancing its survival. monitor nests) the southwestern willow mentioned species, translocate, and flycatcher (Empidonax trailli extimus) inoculate cysts into restored vernal Permit No. TE–233373 and least Bell’s vireo (Vireo bellii pools) in conjunction with vernal pool pusillus) in conjunction with surveys restoration and population Applicant: Mary Anne Flett, Pt. Reyes and population monitoring throughout enhancement activities throughout the Station, California. The applicant the range of each species in California range of each species in California for requests a permit to take (harass by for the purpose of enhancing their the purpose of enhancing their survival. survey) the California clapper rail survival. (Rallus longirostris obsoletus) in Permit No. TE–233291 Permit No. TE–170381 conjunction with surveys and Applicant: Margaret R. Mulligan, San population monitoring studies in Applicant: Bill Stagnaro, San Diego, California. The applicant Alameda, Contra Costa, Marin, Napa, Francisco, California. The applicant requests a permit to take (survey by San Francisco, San Mateo, Santa Clara, requests an amendment to an existing pursuit) the Quino checkerspot butterfly Solano, and Sonoma Counties, permit (February 13, 2008; 73 FR 8344) (Euphydryas editha quino) in California, for the purpose of enhancing to take (harass by survey) the light- conjunction with surveys throughout its survival. footed clapper rail (Rallus longirostris the range of the species in California for levipes), the California clapper rail the purpose of enhancing its survival. We invite public review and comment (Rallus longirostris obsoletus), and the on each of these recovery permit Yuma clapper rail (Rallus longirostris Permit No. TE–797267 applications. Comments and materials yumanensis) in conjunction with Applicant: H.T. Harvey and we receive will be available for public surveys throughout the range of the Associates, Los Gatos, California. The inspection, by appointment, during species in California, Nevada, Arizona, applicant requests an amendment to an normal business hours at the address and Utah for the purpose of enhancing existing permit (February 16, 1996; 61 listed in the ADDRESSES section of this their survival. FR 6253) to take (capture, measure, hair- notice.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66670 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

Dated: December 10, 2009. SUPPLEMENTARY INFORMATION: Fort conditions would continue largely Michael Long, Stanwix National Monument has unchanged. This alternative has an Regional Director, Region 8, Sacramento, needed a General Management Plan interpretive focus on the siege of Fort California. (GMP) since it has been reliant on a Stanwix during the Revolutionary War. [FR Doc. E9–29867 Filed 12–15–09; 8:45 am] 1967 Master Plan and a 1974 The issues explored through the BILLING CODE 4310–55–P Development Concept Plan. The Fort GMP/EIS planning process include Stanwix National Monument GMP protection of cultural resources, visitor describes and explains the resource services, partnership opportunities, DEPARTMENT OF THE INTERIOR conditions that should exist and the carrying capacity, and the lack of a visitor experiences that should be properly defined boundary. The National Park Service available at Fort Stanwix National planning team established a set of Monument. The GMP provides a criteria and goals against which each Record of Decision on Final General consistent framework for coordinating alternative was compared to determine Management Plan and Environmental and integrating all subsequent planning which alternative best fulfilled the Impact Statement, Fort Stanwix, and management decisions concerning purpose and objectives of the GMP. National Monument, Rome, NY the park. The selected alternative, Alternative Resource Preservation Goals AGENCY: National Park Service, • Department of the Interior. 2, the Preferred Action, would broaden NPS addresses planning issues interpretation to emphasize the role of associated with cultural resource ACTION: Notice of availability of a Fort Stanwix in the greater Northern management of the fort structure, Record of Decision on the Final General Frontier and Mohawk Valley regional grounds, collections, and archeological Management Plan and Environmental context; expand its interpretation of the resources. NPS should establish cultural Impact Statement for Fort Stanwix Six Nations Confederacy; and, within landscape conditions to make it more National Monument. available funding and authority, foster evocative of historic era while SUMMARY: Pursuant to § 102(2)(C) of the programmatic coordination as well as maintaining sufficient lawn area to National Environmental Policy Act of technical assistance to thematically support community events. 1969, as amended, the National Park related sites within the Northern Frontier and Mohawk Valley. Fort Visitor Experience Goals Service (NPS) announces the • availability of the Record of Decision for Stanwix National Monument would also Visitors understand the history of the Final General Management Plan and use existing authorities to increase its Fort Stanwix during the 18th century, Environmental Impact Statement (GMP/ capacity to pursue community outreach particularly the events that occurred EIS) for Fort Stanwix National and regional partnership initiatives, there during the American Monument, New York. The Regional particularly in seeking hike and bike Revolutionary War in 1777. Visitors also trail linkages or shuttle vehicle Director, Northeast Region, has understand the significance of treaties connections with related sites. Efforts approved the Record of Decision for the negotiated at Fort Stanwix between would be made to modify a limited part GMP/EIS, selecting Alternative 2— 1768 and 1790 with Indian Tribes. of the lawn area near the reconstructed • The visitor experience fully reflects Preferred Action, which was described fort to establish landscape conditions, the park’s purpose, significance and as the preferred alternative in the Final using native grasses and other themes. This includes enhancing the GMP/EIS which was issued for the vegetation more evocative (not a visitor experiencing and interpreting the required 30-day no action period reconstruction) of the historic meadow regional historical context of Fort beginning on July 31, 2009 and ending landscape while still maintaining Stanwix to include Oriskany Battlefield, August 31, 2009. The Record of sufficient lawn area to support Northern Frontier, and Mohawk Valley. Decision includes a description of the community events. Certain fort • Interpretation in broadened to background of the project, a statement of structures that have not been emphasize the role of Fort Stanwix in the decision made, synopses of other reconstructed due to fiscal constraints the greater Northern Frontier and alternatives considered, the basis for the and that are important to interpreting Mohawk Valley regional context and decision, findings on impairment of the history at Fort Stanwix, such as the expanding interpretation of the Six, park resources and values, a description Ravelin, may be reconstructed if it is Nations Confederacy. of the environmentally preferred feasible, fully funded by outside • Interpretive media, exhibits, alternative, a listing of measures to sources, and meets with the Secretary of wayside exhibits, and other programs minimize environmental harm, and an the Interior’s Standards for the are updated to enhance visitor overview of public and agency Treatment for Historic Structures and understanding of interpretive stories. involvement in the decision-making applicable Section 106 compliance process. As soon as practicable, the NPS requirements. Vacated fort spaces would Transportation Goals will begin to implement the selected be adapted for public use, relying on • Fort Stanwix National Monument alternative. enhanced interpretation to educate works with local authorities to improve Copies of the Record of Decision may visitors and provide for the essential traffic conditions and improve be downloaded from the NPS Planning, comprehension of the fort’s original pedestrian, bicycle, and shuttle vehicle Environment and Public Comment appearance. linkages with related sites, including the (PEPC) Web site (http:// In addition to the selected alternative, Oriskany Battlefield. parkplanning.nps.gov/fost) or a a No Action alternative was presented hardcopy may be obtained from the and analyzed in the Draft and Final Park Administration Goals contact listed below. Environmental Impact Statements. The • Administrative, interpretive, FOR FURTHER INFORMATION CONTACT: No Action alternative describes current maintenance, and other staff, as well as Debbie Conway, Superintendent, Fort management practices and conditions at facilities and other infrastructure, Stanwix National Monument, 112 East Fort Stanwix National Monument with sustain the programs and operations of Park Street, Rome, New York 13440; no major new actions. Current the Fort Stanwix National Monument 315–338–7730. management directions, practices, and and accomplish the NPS mission.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66671

• Fort Stanwix National Monument Rome, New York City Hall, and 12 Management Plan is the Superintendent staff enjoys healthy and safe working members of the public were in of Fort Stanwix National Monument. conditions. attendance. Two studies were Richard L. Harris, undertaken to examine areas that are Collaboration and Partnership Goal Acting Regional Director Northeast Region, • geographically and thematically National Park Service. Formal partnerships and informal relevant to Fort Stanwix National associations with other agencies and [FR Doc. E9–29852 Filed 12–15–09; 8:45 am] Monument—Oriskany Battlefield State organizations assist with the BILLING CODE 4310–02–P Historic Site in Whitestown, NY, and preservation and public enjoyment of the Fort Stanwix National Monument. the Northern Frontier encompassing a These partnerships and other ten-county area of central New York. DEPARTMENT OF THE INTERIOR collaborative projects support the NPS The Oriskany Battlefield study found it National Park Service and Fort Stanwix National Monument to be nationally significant and suitable missions. to be added to the national park system; • Notice of Availability of a Record of Fort Stanwix National Monument however, the study did not find it Decision (ROD) for the Final increases programmatic coordination feasible at the time to include in the Environmental Impact Statement/ and offering technical assistance to national park system because of New General Management Plan Amendment partners in the Northern Frontier and York State’s interest in continuing to (FEIS/GMPA), Elkmont Historic District, Mohawk valley regions. manage the battlefield site. The park Great Smoky Mountains National Park After careful consideration and will continue to explore with New York review of the purpose and significance State officials the feasibility of a future AGENCY: National Park Service, Interior. of Fort Stanwix National Monument and boundary adjustment and agreements to ACTION: Notice of Availability of a its establishing laws and policies, as manage the site cooperatively or include Record of Decision (ROD) for the Final well as input received from other the site in the national park system. The Environmental Impact Statement/ agencies and the public during the Northern Frontier study addressed the General Management Plan Amendment planning process, Alternative 2 was possible definition and designation of a (FEIS/GMPA), Elkmont Historic District, chosen by NPS as the alternative to be Great Smoky Mountains National Park. implemented. The selected alternative national heritage area but did not best fulfills the mandates of the recommend establishment of a new SUMMARY: Pursuant to the National founding legislation, the purpose and national park system unit or a new Environmental Policy Act of 1969, 42 significance, and the other laws and national heritage area. The U.S.C. 332(2)(C), the National Park policies guiding the NPS and the recommendations focused on broader Service (NPS) announces the National Monument. The selected outreach efforts by Fort Stanwix availability of the ROD for the FEIS/ alternative, which builds upon key National Monument to better integrate GMPA for the Elkmont Historic District aspects of the 1967 Master Plan but also and affiliate with Northern Frontier in the Great Smoky Mountains National recognizes current historical scholarship interpretive themes and related sites. Park, Tennessee. and cultural resource management A Notice of Availability of the Draft On June 30, 2009, the Regional Director, NPS, Southeast Region, practices, best supports the park’s GMP/EIS was published on September approved the ROD for the project. As purpose, significance and goals, while 26, 2008 and the Draft GMP/EIS was also providing management direction soon as practicable, the NPS will begin made available for public review to implement the FEIS/GMPA, that best protects resources, offers high- through December 1, 2008. A public quality visitor experiences, and takes described as the selected action (the meeting was held on October 23, 2008 advantage of partnership opportunities. preferred Alternative C) contained in The environmental consequences of at the City Hall in Rome, NY, to solicit the FEIS/GMPA issued on May 1, 2009. the selected alternative are fully public comments. Fourteen (14) Under the selected alternative, the NPS documented in the Draft GMP/EIS and comments were received during the will preserve a representative collection the Final GMP/EIS. All practicable comment period. The consensus of the of 19 historic buildings in the District of means to avoid or minimize public comments received was that the the park. The District is listed in the environmental harm that could result NPS was pursuing the correct path for National Register of Historic Places from the implementation of the selected the park in Alternative 2, the Preferred (NRHP). Within the District, the core of alternative have been identified and Action. Slight modifications to the the former Appalachian Club resort incorporated. After a review of the preferred alternative were made in community known as ‘‘Daisy Town’’ potential environmental effects, the response to comments on the Draft will be preserved including the alternative selected for implementation GMP/EIS. A Notice of Availability of the Appalachian Clubhouse and a cluster of will not impair park resources of values Final GMP/EIS was published in the 16 cabins. Fifteen of these cabins are and will not violate the NPS Organic Federal Register on July 31, 2009. The identified as contributing to the Act. Final GMP/EIS presents the modified significance of the District. An This decision is the result of a public preferred alternative and includes additional non-contributing cabin will planning process that began in 1997. A letters from governmental agencies, be preserved to maintain the visual Notice of Intent to Prepare an substantive comments on the Draft continuity of the Daisy Town Environmental Impact Statement for the GMP/EIS, and NPS responses to those streetscape. The exteriors of these Fort Stanwix GMP was published in the comments. The no-action period on the buildings will be restored to Federal Register in 1999. Throughout Final GMP/EIS ended on August 31, approximate the appearance of this the planning process, extensive research portion of the District during its early 2009. and consultation was conducted with 20th century period of significance. The many subject matter experts, local The official primarily responsible for Appalachian Clubhouse interior will be community representatives, and implementing the updated General rehabilitated for public rental and day institutions. A public scoping meeting use activities. The 16 cabins will be was held on October 23, 2008, at the retained for interpretive purposes.

VerDate Nov<24>2008 17:06 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66672 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

In addition to the Daisy Town minimize environmental harm, and an SUMMARY: We, the U.S. Fish and buildings, the exterior of the Chapman overview of public involvement in the Wildlife Service (Service), announce the cabin in the ‘‘Society Hill’’ portion of decision-making process. availability of our final comprehensive the District will be restored to the early DATES: The ROD was signed by the conservation plan (CCP) and finding of 20th century period of significance and Regional Director, NPS, Southeast no significant impact (FONSI) for the retained for interpretive purposes, the Region, on June 30, 2009. environmental assessment for Ernest F. exterior of the Spence cabin in ADDRESSES: Copies of the ROD are Hollings ACE Basin National Wildlife ‘‘Millionaire’s Row’’ will also be available from the Superintendent, Refuge (ACE Basin NWR). In the final restored and its interior rehabilitated for Great Smoky Mountains National Park, CCP, we describe how we will manage public rental and day use. The gravel 107 Park Headquarters Road, this refuge for the next 15 years. pathway from the Appalachian Gatlinburg, Tennessee 37738; telephone: ADDRESSES: You may obtain a copy of Clubhouse to Jakes Creek Cemetery will 865–436–1201. the CCP by writing to: Mr. Van Fischer, be restored. Historic plantings that are SUPPLEMENTARY INFORMATION: The NPS Refuge Planner, South Carolina not invasive would be retained evaluated six other alternatives for the Lowcountry Refuge Complex, 5801 throughout the District. To provide treatment and management of the Highway 17 North, Awendaw, SC access and circulation, existing parking District in the GMPA/EIS. These 29429. You may also access and areas will be reconfigured and alternatives are described in full in the download the document from the resurfaced, and a new day use parking FEIS/GMPA. Among the alternatives Service’s Web site: http:// area will be constructed. southeast.fws.gov/planning. Altogether, 30 buildings identified as considered, the selected alternative best FOR FURTHER INFORMATION CONTACT: Mr. contributing to the District’s protects the diversity of park resources while also maintaining a range of Van Fischer; telephone: 843/928–3264; significance will be removed. Buildings _ slated for removal include the quality visitor experiences, meets NPS E-mail: van [email protected]. Wonderland Hotel Annex, 26 cabins, purposes and goals for the Elkmont SUPPLEMENTARY INFORMATION: Historic District of Great Smoky and 3 garages. The remains of the Introduction structurally failed Wonderland Hotel Mountains National Park, and meets were removed in December 2006. National Environmental Policy Act With this notice, we finalize the CCP The preserved buildings and cultural goals. The selected alternative will not process for ACE Basin NWR. We started landscape features, along with wayside result in the impairment of park this process through a notice in the exhibits and other interpretive media, resources and will allow the NPS to Federal Register on January 3, 2007 (72 will be used to enhance visitor conserve park resources and provide for FR 141). For more about the process, see understanding of the history and their enjoyment by visitors. that notice. ACE Basin NWR was development of the Elkmont vacation Authority: The authority for publishing established on September 20, 1990, and community, its architecture, and the this notice is 40 CFR 1506.6 (b). was renamed the Ernest F. Hollings ACE area’s important cultural and natural FOR FURTHER INFORMATION CONTACT: Basin National Wildlife Refuge on May resources. Contact the Superintendent, Great 16, 2005. The refuge is a partner in the To increase species diversity, improve Smoky Mountains National Park, at the ACE Basin Task Force, a coalition and increase wildlife habitat, and address and telephone number shown consisting of the Service, the South provide soil stabilization within the above. An electronic copy of the Carolina Department of Natural District, the NPS will restore native document is available on the Internet at Resources, Ducks Unlimited, The plant communities in suitable areas, http://parkplanning.nps.gov/. Nature Conservancy, The Low Country including the sites where buildings have The responsible official for this FEIS Open Land Trust, Mead Westvaco, and been removed. Removal of buildings is the Regional Director, Southeast private landowners of the ACE Basin within the Little River floodplain would Region, National Park Service, 100 system. The refuge’s two separate units allow for gradual succession to native Alabama Street, SW., 1924 Building, (Edisto and Combahee) are further communities. Atlanta, Georgia 30303. broken down into subunits, with the The selected alternative will not Edisto Unit containing the Barrelville, generate wastewater discharge above the Dated: October 5, 2009. Grove, and Jehossee subunits; and the permitted allowable level from the David Vela, Combahee Unit containing the Bonny sewage treatment plant or contribute Regional Director, Southeast Region. Hall, Combahee Fields, and Yemassee nonpoint runoff into the Little River or [FR Doc. E9–29853 Filed 12–15–09; 8:45 am] subunits. The refuge is divided into 9 its tributaries. No additional structures BILLING CODE 4310–70–P management units or compartments, or activities within the 100-year ranging in size from 350 to 3,355 acres. floodplain are proposed. Compartment boundaries are The approved plan enhances DEPARTMENT OF THE INTERIOR established along geographic features opportunities for visitors to interact that can be easily identified on the with and appreciate the historic Fish and Wildlife Service ground (i.e., rivers, roads, and trails). district’s resources while providing for [FWS–R4–R–2009–N186; 40136–1265–0000– We announce our decision and the the preservation or adaptive use of the S3] availability of the final CCP and FONSI park’s resources when implemented. for ACE Basin NWR in accordance with The Record of Decision includes a Ernest F. Hollings ACE Basin National the National Environmental Policy Act description of the project’s background, Wildlife Refuge, Charleston, Beaufort, (NEPA) [40 CFR 1506.6(b)] a statement of the decision made, Colleton, and Hampton Counties, SC requirements. We completed a thorough synopses of other alternatives AGENCY: Fish and Wildlife Service, analysis of impacts on the human considered, the basis for the decision, Interior. environment, which we included in the findings on impairment of park Draft Comprehensive Conservation Plan ACTION: Notice of availability: Final resources and values, a description of and Environmental Assessment (Draft comprehensive conservation plan and the environmentally preferred CCP/EA). The CCP will guide us in finding of no significant impact. alternative, a listing of measures to managing and administering ACE Basin

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66673

NWR for the next 15 years. Alternative industrial forests) will be heavily Dated: September 30, 2009. C is the foundation for the CCP. thinned to encourage multi-strata Jacquelyn B. Parrish, The compatibility determinations for vegetation composition and hardwood Acting Regional Director. upland game hunting, fishing/boating, interspersion. More xeric loblolly pine [FR Doc. E9–29869 Filed 12–15–09; 8:45 am] wildlife observation and photography, plantations will be converted to longleaf BILLING CODE 4310–55–P environmental education and pine savannas and subjected to frequent interpretation, bicycling, research, growing season prescribed fires to favor exotic and nuisance wildlife control, warm season grasses and forbs and the DEPARTMENT OF THE INTERIOR forest management—commercial timber potential reintroduction of red-cockaded harvest, and cooperative farming are woodpeckers in the ACE Basin Project Fish and Wildlife Service also available in the CCP. Area. Multiple species consideration [FWS–R4–R–2009–N172; 40136–1265–0000– Background will include species and habitats S3] identified by the South Atlantic The National Wildlife Refuge System Migratory Bird Initiative and the State’s Mandalay National Wildlife Refuge, Administration Act of 1966 (16 U.S.C. Strategic Conservation Plan. Terrebonne Parish, LA 668dd–668ee) (Administration Act), as This alternative will expand our amended by the National Wildlife monitoring of migratory neotropical and AGENCY: Fish and Wildlife Service, Refuge System Improvement Act of breeding songbirds and other resident Interior. 1997, requires us to develop a CCP for species. Monitoring efforts will be ACTION: Notice of availability: Final each national wildlife refuge. The increased with the assistance of comprehensive conservation plan and purpose for developing a CCP is to additional staff, trained volunteers, and finding of no significant impact. provide refuge managers with a 15-year academic researchers. Greater effort will SUMMARY: We, the Fish and Wildlife plan for achieving refuge purposes and be made to recruit academic researchers Service (Service), announce the contributing toward the mission of the to the refuge to study and monitor availability of our final comprehensive National Wildlife Refuge System, refuge resources. consistent with sound principles of fish conservation plan (CCP) and finding of Hunting and fishing will continue to and wildlife management, conservation, no significant impact (FONSI) for the be allowed on the refuge. However, legal mandates, and our policies. In environmental assessment for Mandalay hunting will be managed with a greater addition to outlining broad management National Wildlife Refuge (NWR). In the focus on achieving biological needs of direction on conserving wildlife and final CCP, we describe how we will the refuge, such as deer population their habitats, CCPs identify wildlife- manage this refuge for the next 15 years. management and feral hog elimination. dependent recreational opportunities Education and interpretation will ADDRESSES: You may obtain a copy of available to the public, including continue, but with additional education the CCP by writing to: Mr. Paul opportunities for hunting, fishing, and outreach efforts aimed at the Yakupzack, Refuge Manager, Mandalay wildlife observation, wildlife importance of landscape ecology and NWR, 3599 Bayou Black Drive, Houma, photography, and environmental diversity. A much broader effort will be LA 70360. You may also access and education and interpretation. We will made with outreach to nearby download the document from the review and update the CCP at least developing urban communities and a Service’s Web site: http:// every 15 years in accordance with the growing human population. southeast.fws.gov/planning. Administration Act. The refuge will be staffed the same as FOR FURTHER INFORMATION CONTACT: Mr. Comments the 2008 staffing model to enhance all Paul Yakupzack; telephone: 985/853– 1078; fax: 985/853–1079; e-mail: Approximately 120 copies of the Draft refuge services and management [email protected]. CCP/EA were made available for a 30- programs. We will place greater day public review period as announced emphasis on recruiting and training SUPPLEMENTARY INFORMATION: volunteers, and expanding worker- in the Federal Register May 4, 2009 (74 Introduction FR 20495). Written comments were camper opportunities to facilitate received from local citizens and the maintenance programs and other refuge With this notice, we finalize the CCP South Carolina Department of Natural goals and objectives. We will actively process for Mandalay NWR. We started Resources. seek funding for research needs. We will this process through a notice in the place greater emphasis on developing Federal Register on March 19, 2007 (72 Selected Alternative and maintaining active partnerships, FR 12811). For more about the process, After considering the comments we including seeking grants to assist the see that notice. . received, we have selected Alternative C refuge in reaching primary objectives. Mandalay NWR, approximately 5 for implementation. Our primary focus Alternative C is considered to be the miles west of Houma, Louisiana, was under Alternative C will be to increase most effective for meeting the purposes established on May 2, 1996, with the overall wildlife and habitat diversity. of the refuge by conserving, restoring, purchase of 4,416 acres under the Although waterfowl will remain a focus and managing the refuge’s habitats and authority of the Migratory Bird of management, wetland habitat wildlife, while optimizing wildlife- Conservation Act of 1929 and the manipulations will also consider the dependent public uses. Alternative C Endangered Species Act of 1973. The needs of multiple species, such as will best achieve national, ecosystem, refuge, predominately freshwater marsh marsh and wading birds. We will more and refuge-specific goals and objectives and cypress-tupelo swamp, provides actively manage upland forests and and it positively addresses significant excellent habitat for waterfowl, wading fields for neotropical migratory birds. issues and concerns expressed by the birds, and neotropical migratory Landscape level consideration of habitat public. songbirds. management will include a diversity of Authority: This notice is published under We announce our decision and the open fields, upland and wetland forests, the authority of the National Wildlife Refuge availability of the final CCP and FONSI and additional wetlands. Upland System Improvement Act of 1997, Public for Mandalay NWR in accordance with loblolly pine plantations (e.g., relic Law 105–57. the National Environmental Policy Act

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66674 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

(NEPA) [40 CFR 1506.6(b)] in the Federal Register on May 28, 2009 ACTION: Notice of issuance of permits. requirements. We completed a thorough (74 FR 25577). We received 11 analysis of impacts on the human comments from local citizens, the Safari SUMMARY: We, the U.S. Fish and environment, which we included in the Club, the Louisiana Department of Wildlife Service (Service), have issued draft comprehensive conservation plan Wildlife and Fisheries, and the the following permits to conduct certain and environmental assessment (Draft Louisiana Department of Natural activities with endangered species and/ CCP/EA). The CCP will guide us in Resources. or marine mammals. managing and administering Mandalay NWR for the next 15 years. Selected Alternative ADDRESSES: Documents and other The compatibility determinations for After considering the comments we information submitted with these boating, recreational fishing, received, and based on the professional applications are available for review, recreational hunting, wildlife judgment of the planning team, we subject to the requirements of the observation/photography, control of selected Alternative B to implement the Privacy Act and Freedom of Information mammals (nutria) and alligators, and CCP. The primary focus of the CCP is to Act, by any party who submits a written environmental education/interpretation optimize migratory bird and resident request for a copy of such documents to: are available in the CCP. wildlife habitats. We consider U.S. Fish and Wildlife Service, Division Background Alternative B to be the most effective for of Management Authority, 4401 North meeting the purposes of the refuge by The National Wildlife Refuge System Fairfax Drive, Room 212, Arlington, maintaining and enhancing a diversity Virginia 22203; fax 703-358-2281. Administration Act of 1966 (16 U.S.C. of habitats for a variety of fish and 668dd–668ee) (Administration Act), as wildlife species, enhancing resident FOR FURTHER INFORMATION CONTACT: amended by the National Wildlife wildlife populations, restoring Division of Management Authority, Refuge System Improvement Act of wetlands, and providing opportunities telephone 703-358-2104. 1997, requires us to develop a CCP for for a variety of compatible wildlife- SUPPLEMENTARY INFORMATION: Notice is each national wildlife refuge. The dependent recreation, education, and hereby given that on the dates below, as purpose for developing a CCP is to interpretive activities. provide refuge managers with a 15-year authorized by the provisions of the plan for achieving refuge purposes and Authority Endangered Species Act of 1973, as contributing toward the mission of the This notice is published under the amended (16 U.S.C. 1531 et seq.), and/ National Wildlife Refuge System, authority of the National Wildlife or the Marine Mammal Protection Act of consistent with sound principles of fish Refuge System Improvement Act of 1972, as amended (16 U.S.C. 1361 et and wildlife management, conservation, 1997, Public Law 105–57. seq.), the Fish and Wildlife Service legal mandates, and our policies. In issued the requested permits subject to Dated: August 24, 2009. addition to outlining broad management certain conditions set forth therein. For Patrick Leonard, direction on conserving wildlife and each permit for an endangered species, their habitats, CCPs identify wildlife- Acting Regional Director. the Service found that (1) the dependent recreational opportunities [FR Doc. E9–29866 Filed 12–15–09; 8:45 am] application was filed in good faith, (2) available to the public, including BILLING CODE 4310–55–P the granted permit would not operate to opportunities for hunting, fishing, the disadvantage of the endangered wildlife observation, wildlife photography, and environmental DEPARTMENT OF THE INTERIOR species, and (3) the granted permit education and interpretation. We will would be consistent with the purposes review and update the CCP at least Fish and Wildlife Service and policy set forth in Section 2 of the every15 years in accordance with the Endangered Species Act of 1973, as [FWS-R9-IA-2009-N258] amended.Endangered Species Administration Act. [96300-1671-0000-P5] Comments Issuance of Permits Approximately 100 copies of the Draft CCP/EA were made available for a 30- AGENCY: Fish and Wildlife Service, day public review period as announced Interior.

ENDANGERED SPECIES

Receipt of application Permit number Applicant Federal Register notice Permit issuance date

179638 ...... Samuel K. Wasser/University of Washington ...... 74 FR 41454; August 17, 2009 ...... October 9, 2009 206026 ...... Earl E. Wismer ...... 74 FR 37241; July 28, 2009 ...... November 5, 2009 207047 ...... Hidden Harbor Marine Environmental Project ...... 74 FR 28523; June 16, 2009 ...... November 6, 2009 213672 ...... James L. Scull, Jr...... 74 FR 32192; July 7, 2009 ...... August 28, 2009 216076 ...... William R. Morgan, III ...... 74 FR 32192; July 7, 2009 ...... August 28, 2009 216464 ...... Hidden Harbor Marine Environmental Project ...... 74 FR 37240; July 28, 2009 ...... November 6, 2009 216468 ...... Donald E. Coon ...... 74 FR 32192; July 7, 2009 ...... August 28, 2009 218607 ...... Philadelphia Zoo ...... 74 FR 37240; July 28, 2009 ...... November 4, 2009 219116 ...... Jon L. Blocker ...... 74 FR 37240; July 28, 2009 ...... August 28, 2009 220562 ...... Richard R. Arend ...... 74 FR 49017; September 25, 2009 ..... October 26, 2009 220718 ...... James R. Boyd ...... 74 FR 40230; August 11, 2009 ...... October 16, 2009 221391 ...... Florida Fish & Wildlife Conservation Commission ...... 74 FR 46222; September 8, 2009 ...... November 5, 2009 221404 ...... Ralph D. Miller ...... 74 FR 221404; September 8, 2009 ..... October 15, 2009 222050 ...... Mark Peterson ...... 74 FR 46222; September 8, 2009 ...... October 15, 2009 222864 ...... Joe B. Tinney ...... 74 FR 49017; September 25, 2009 ..... November 2, 2009

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66675

ENDANGERED SPECIES—Continued

Receipt of application Permit number Applicant Federal Register notice Permit issuance date

222865 ...... Leigh M. Barry ...... 74 FR 46222; September 8, 2009 ...... October 15, 2009 223348 ...... Wilson Walter Crook ...... 74 FR 55062; October 26, 2009 ...... November 27, 2009 223386 ...... Frank M. Cole ...... 74 FR 53297; October 16, 2009 ...... November 20, 2009 225797 ...... New York University, College of Dentistry ...... 74 FR 46222; September 8, 2009 ...... October 14, 2009 226642 ...... Vance S. Johnson ...... 74 FR 47821; September 17, 2009 ..... October 27, 2009 227930 ...... Sandra A. Summers ...... 74 FR 55062; October 26, 2009 ...... November 27, 2009 228076 ...... Bradford T. Black ...... 74 FR 55062; October 26, 2009 ...... November 25, 2009 215979 ...... Patrick D. McCown ...... 74 FR 37240; July 28, 2009 ...... November 25, 2009 227937 ...... Dennis F. Gaines ...... 74 FR 53297; October 16, 2009 ...... December 3, 2009

MARINE MAMMALS

Receipt of application Permit number Applicant Federal Register notice Permit issuance date

049136 ...... Charles Grossman, Xavier University ...... 74 FR 46222; September 8, 2009 ...... November 6, 2009 192878 ...... University of Illinois Veterinary Diagnostic Laboratory ...... 74 FR 25767; May 29, 2009 ...... November 12, 2009 221257 ...... Emma K. Napper, The Natural World, BBC Natural History 74 FR 46222; September 8, 2009 ...... November 6, 2009 Unit.

Dated: December 4, 2009 Room 212, Arlington, Virginia 22203; panda (Ailuropoda melanoleuca) born Brenda Tapia, fax 703/358-2281. at the zoo in 2005 and owned by the Program Analyst, Branch of Permits, Division FOR FURTHER INFORMATION CONTACT: Government of China, to the China of Management Authority Division of Management Authority, Wildlife Conservation Association [FR Doc. E9–29884 Filed 12–15–09; 8:45 am] telephone 703/358-2104. under the terms of their loan agreement BILLING CODE 4310-55-S SUPPLEMENTARY INFORMATION: with China. This export is part of the approved loan program for the purpose Endangered Species of enhancement of the survival of the DEPARTMENT OF THE INTERIOR The public is invited to comment on species through scientific research as the following applications for a permit Fish and Wildlife Service outlined in National Zoo’s original to conduct certain activities with permit (MA 007870). endangered species. This notice is [FWS-R9-IA-2009-N266] provided pursuant to Section 10(c) of The following applicants each request [96300-1671-0000-P5] the Endangered Species Act of 1973, as a permit to import the sport-hunted trophy of one male bontebok Receipt of Applications for Permit amended (16 U.S.C. 1531 et seq.). Submit your written data, comments, or (Damaliscus pygargus pygargus) culled AGENCY: Fish and Wildlife Service, requests for copies of the complete from a captive herd maintained under Interior. applications to the address shown in the management program of the ACTION: Notice of receipt of applications ADDRESSES. Republic of South Africa, for the purpose of enhancement of the survival for permit. Applicant: The Phoenix Zoo, Phoenix, of the species. AZ, PRT-230742 SUMMARY: We, the U.S. Fish and Wildlife Service, invite the public to The applicant requests a permit to re- Applicant: John Meldrum, Metamora, comment on the following applications export one captive-born male jaguar MI, PRT-233599 for permits to conduct certain activities (Panthera onca) to Centro Ecologico de Applicant: Carl Wagner, Harwood, MD, with endangered species. The Sonora, Mexico, for the purpose of PRT-234069 Endangered Species Act requires that enhancement of the survival of the we invite public comment on these species. Dated: December 4, 2009 permit applications. Applicant: Virginia Safari Park and Brenda Tapia DATES: Written data, comments or Preservation Center, Inc., Natural Program Analyst, Branch of Permits, Division requests must be received by January 15, Bridge, VA, PRT-228648 of Management Authority 2010. The applicant requests a permit to [FR Doc. E9–29885 Filed 12–15–09; 8:45 am] ADDRESSES: Documents and other import two female cheetahs (Acinonyx BILLING CODE 4310-55-S information submitted with these jubatus) captive-born at De Wildt applications are available for review, Cheetah Breeding Centre, De Wildt, subject to the requirements of the South Africa, for the purpose of Privacy Act and Freedom of Information enhancement of the survival of the Act, by any party who submits a written species. request for a copy of such documents within 30 days of the date of publication Applicant: National Zoological Park, of this notice to: U.S. Fish and Wildlife Washington, DC, PRT-233622 Service, Division of Management The application requests a permit to Authority, 4401 North Fairfax Drive, export one male captive-bred giant

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66676 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

INTERNATIONAL TRADE Commission’s electronic docket (EDI) at Administrative Law Judge, U.S. COMMISSION http://edis.usitc.gov. International Trade Commission, shall FOR FURTHER INFORMATION CONTACT: designate the presiding Administrative [Inv. No. 337–TA–694] Christopher G. Paulraj, Esq., Office of Law Judge. Unfair Import Investigations, U.S. Responses to the complaint and the In the Matter of Certain Multimedia International Trade Commission, notice of investigation must be Display and Navigation Devices and telephone (202) 205–3052. submitted by the named respondents in Systems, Components Thereof, and accordance with section 210.13 of the Authority: The authority for institution of Commission’s Rules of Practice and Products Containing Same; Notice of this investigation is contained in section 337 Investigation of the Tariff Act of 1930, as amended, and Procedure, 19 CFR 210.13. Pursuant to in section 210.10 of the Commission’s Rules 19 CFR 201.16(d) and 210.13(a), such AGENCY: U.S. International Trade of Practice and Procedure, 19 CFR 210.10 responses will be considered by the Commission. (2009). Commission if received not later than 20 ACTION: Institution of investigation days after the date of service by the pursuant to 19 U.S.C. 1337. Scope of Investigation: Having Commission of the complaint and the considered the complaint, the U.S. notice of investigation. Extensions of SUMMARY: Notice is hereby given that a International Trade Commission, on time for submitting responses to the complaint was filed with the U.S. December 9, 2009, ordered that— complaint and the notice of International Trade Commission on (1) Pursuant to subsection (b) of investigation will not be granted unless November 13, 2009, under section 337 section 337 of the Tariff Act of 1930, as good cause therefor is shown. of the Tariff Act of 1930, as amended, amended, an investigation be instituted Failure of a respondent to file a timely 19 U.S.C. 1337, on behalf of Pioneer to determine whether there is a response to each allegation in the Corporation of Tokyo, Japan and violation of subsection (a)(1)(B) of complaint and in this notice may be Pioneer Electronics (USA) Inc. of Long section 337 in the importation into the deemed to constitute a waiver of the Beach, California. A letter United States, the sale for importation, right to appear and contest the supplementing the complaint was filed or the sale within the United States after allegations of the complaint and this on December 4, 2009. The complaint importation of multimedia display and notice, and to authorize the alleges violations of section 337 based navigation devices and systems, administrative law judge and the upon the importation into the United components thereof, and products Commission, without further notice to States, the sale for importation, and the containing same that infringe one or the respondent, to find the facts to be as sale within the United States after more of claims 1 and 2 of U.S. Patent alleged in the complaint and this notice importation of certain multimedia No. 5,365,448; claims 1 and 2 of U.S. and to enter an initial determination display and navigation devices and Patent No. 6,122,592; and claims 1 and and a final determination containing systems, components thereof, and 2 of U.S. Patent No. 5,424,951, and such findings, and may result in the products containing same by reason of whether an industry in the United issuance of an exclusion order or a cease infringement of certain claims of U.S. States exists as required by subsection and desist order or both directed against Patent Nos. 5,365,448; 6,122,592; and (a)(2) of section 337; the respondent. 5,424,951. The complaint further alleges (2) For the purpose of the By order of the Commission. that an industry in the United States investigation so instituted, the following exists as required by subsection (a)(2) of are hereby named as parties upon which Issued: December 10, 2009. section 337. this notice of investigation shall be Marilyn R. Abbott, The complainants request that the served: Secretary to the Commission. Commission institute an investigation (a) The complainants are: [FR Doc. E9–29824 Filed 12–15–09; 8:45 am] and, after the investigation, issue an Pioneer Corporation, 1–4–1 Meguro, BILLING CODE 7020–02–P exclusion order and cease and desist Meguro-ku, Tokyo 153–8654, Japan. orders. Pioneer Electronics (USA) Inc., 2255 E. ADDRESSES: The complaint, except for 220th Street, Long Beach, CA 90810. DEPARTMENT OF JUSTICE any confidential information contained (b) The respondents are the following entities alleged to be in violation of Notice of Lodging of Consent Decree therein, is available for inspection Pursuant to Resource Conservation during official business hours (8:45 a.m. section 337, and are the parties upon which the complaint is to be served: and Recovery Act and the Emergency to 5:15 p.m.) in the Office of the Planning and Community Right-To- Secretary, U.S. International Trade Garmin International, Inc., 1200 E. 151st Know Act Commission, 500 E Street, SW., Room Street, Olathe, KS 66062. 112, Washington, DC 20436, telephone Garmin Corporation, No. 68, Jangshu Notice is hereby given that on 202–205–2000. Hearing impaired 2nd Road, Shijr, Taipei County, December 10, 2009, a proposed Consent individuals are advised that information Taiwan. Decree in United States v. Elan on this matter can be obtained by Honeywell International Inc., 101 Chemical Company, Inc., Civil Action contacting the Commission’s ADD Columbia Road, Morristown, NJ No. 2:09–CV–06183 KSH, was lodged terminal on 202–205–1810. Persons 07960. with the United States District Court for with mobility impairments who will (c) The Commission investigative the District of New Jersey. need special assistance in gaining access attorney, party to this investigation, is The proposed Consent Decree will to the Commission should contact the Christopher G. Paulraj, Esq., Office of resolve the United States’ claims under Office of the Secretary at 202–205–2000. Unfair Import Investigations, U.S. Section 3008 of the Resource Recovery General information concerning the International Trade Commission, 500 E and Conservation Act, as amended, 42 Commission may also be obtained by Street, SW., Suite 401, Washington, DC U.S.C. 6928(a), and Section 313 and accessing its Internet server at http:// 20436; and 325(c) of the Emergency Planning and www.usitc.gov. The public record for (3) For the investigation so instituted, Community Right-to-Know Act this investigation may be viewed on the the Honorable Paul J. Luckern, Chief (EPCRA), 42 U.S.C. 11023 and 11045(c)

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66677

against Elan Chemical Company, Inc. Region II, 290 Broadway, New York, Hand delivered applications should (‘‘Defendant’’). The United States alleges New York 10007–1866. During the be brought to 500 First Street, NW., the Defendant violated various RCRA public comment period, the proposed Washington, DC 20534. At the front requirements, incorporated by reference Consent Decree may also be examined desk, dial 7–3106, extension 0 for into the New Jersey authorized on the following Department of Justice pickup. hazardous waste program regarding the Web site, http://www.usdoj.gov/enrd/ Faxed applications will not be storage and generation of hazardous Consent_Decrees.html. A copy of the accepted. Electronic applications can be waste, and a violation under EPCRA. proposed Consent Decree may be submitted via http://www.grants.gov. The complaint alleges the following obtained by mail from the Consent FOR FURTHER INFORMATION CONTACT: A violations: Failure to make a hazardous Decree Library, P.O. Box 7611, U.S. copy of this announcement and a link waste determination in accordance with Department of Justice, Washington, DC to the required application forms can be of 40 CFR 262.11, incorporated by 20044–7611 or by faxing or e-mailing a downloaded from the NIC Web page at reference at N.J.A.C. § 7:26G–6.1(a); request to Tonia Fleetwood http://www.nicic.gov. All technical or storage of hazardous waste without a ([email protected]), fax no. programmatic questions concerning this permit pursuant to RCRA Section 3005, (202) 514–0097, phone confirmation announcement should be directed to 42 U.S.C. 6925, and 40 CFR 270.1, number (202) 514–1547. In requesting a Michael Dooley, Correctional Program incorporated by reference at N.J.A.C. copy from the Consent Decree Library, Specialist (CPS), National Institute of § 7:26G–12.1(a); failure to conduct please enclose a check in the amount of Corrections (NIC) at [email protected]. monthly monitoring of pumps in gas/ $10.00 (25 cents per page reproduction SUPPLEMENTARY INFORMATION: vapor or light liquid service pursuant to cost) payable to the U.S. Treasury or, if Background: Correctional systems are 40 CFR 265.1052(a)(1), incorporated by by e-mail or fax, forward a check in that confronted with substantial numbers of reference at N.J.A.C. § 7:26G–9.1(a); amount to the Consent Decree Library at persons with mental illness who are failure to conduct monthly monitoring the stated address. detained, committed and/or are under of valves in gas/vapor or light liquid Maureen Katz, supervision through the nation’s jails, service pursuant to 40 CFR 265.1057, prisons and community corrections. incorporated by reference at N.J.A.C. Assistant Section Chief, Environmental Enforcement Section, Environment and According to the New Freedom § 7:26G–9.1(a); failure to conduct annual Natural Resources Division. Commission on Mental Health: inspections of tanks pursuant to 40 CFR [FR Doc. E9–29883 Filed 12–15–09; 8:45 am] 265.1085(c)(4)(ii), incorporated by Subcommittee on Criminal Justice, reference at N.J.A.C. § 7:26G–9.1(a); BILLING CODE 4410–15–P ‘‘people with serious mental illnesses failure to keep a log of equipment who come in contact with the criminal justice system are typically poor and subject to subpart BB of part 265 DEPARTMENT OF JUSTICE pursuant to 40 CFR 265.1064(g), uninsured, are disproportionately members of minority groups, and often incorporated by reference at N.J.A.C. National Institute of Corrections § 7:26G–9.1(a); and failure to timely file are homeless and have co-occurring its 2004 toxic release inventory Solicitation for a Cooperative substance abuse and mental disorders. pursuant to EPCRA Section 313, 42 Agreement: Document Development— They cycle in and out of homeless U.S.C. § 10023, and 40 CFR part 372. Working With Mental Illness in shelters, hospitals, and jails, The Consent Decree requires Corrections: A Framework, Strategies occasionally receiving mental health Defendant to pay a civil penalty of and Best Practices and substance abuse services, but most $200,000. The Consent Decree also likely receiving no services at all (APA, provides for injunctive relief to be AGENCY: National Institute of 2000).’’ implemented at the Defendant’s facility, Corrections, Department of Justice. A recent study on the prevalence of consisting of maintenance of ongoing ACTION: Solicitation for a cooperative adults with serious mental illnesses in compliance with the hazardous waste agreement. jails suggest that of more than 20,000 regulations, and submission of reports adults entering five local jails are SUMMARY: The National Institute of demonstrating such compliance. documented with serious mental The Department of Justice will Corrections (NIC) is soliciting proposals illnesses in 14.5 percent of the men and receive, for a period of thirty (30) days from organizations, groups or 31 percent of the women, rates in excess from the date of this publication, individuals to enter into a cooperative of three to six times those found in the comments relating to the Consent agreement for the development of a general population (Steadman, Osher, Decree. Comments should be addressed document to provide correctional Robbins, Case and Samuels, June 2009). to the Assistant Attorney General, administrators and practitioners in jails, In a NIC 2008 Needs Assessment, Environment and Natural Resources prisons and community corrections a interviewees noted that problems with Division, and either e-mailed to framework/model and guide to mental illness continue to challenge [email protected] or implement best strategies and practices both prison and jail operations, and mailed to P.O. Box 7611, U.S. to work with offenders diagnosed with there is a critical need for more Department of Justice, Washington, DC mental illness or demonstrate mental collaboration with providers of services 20044–7611, and should refer to United health problems. for the mentally ill, and a review of States v. Elan Chemical, Inc., Civil DATES: Applications must be received policies driving them into the Action No. 2:09–CV–06183, D.J. Ref. No. by 4 p.m. EST on Friday, February 12, corrections system. According to the 90–7–1–08984. 2010. 2005 NIC Needs Assessment ‘‘Adequacy The proposed Consent Decree may be ADDRESSES: Mailed applications must be of offender mental health care’’ was the examined at the Office of the United sent to: Director, National Institute of second highest (2.48) concern to senior States Attorney, District of New Jersey, Corrections, 320 First Street, NW., Room corrections officials (Clem and Eggers, Peter Rodino Federal Building, 970 5007, Washington, DC 20534. 2005). Broad Street, Suite 700, Newark, NJ Applicants are encouraged to use The challenges to corrections are 07102, and at the United States Federal Express, UPS, or similar service significant and multi-faceted, having a Environmental Protection Agency, to ensure delivery by the due date. significant adverse impact on

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66678 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

corrections, public safety and background and nature of the problem It is expected that the award recipient government spending, not to mention as it relates to managing offenders with build in a process and format to identify the devastating impact for these mental illness in any correctional and inform the structure and content of individuals and their families. setting. This should include the impact the document, such as a focus group The large and disproportionate of the problem in jail settings, prison with key leaders and subject matter number of offenders under correctional settings and community supervision experts in this field. custody and supervision continue to be settings, and the impact on offenders General Scope of Work: The award a serious management and safety diagnosed with mental illness, as well recipient will produce a completed problem in both our correctional as how these systems can interface and document that has received initial institutions and our communities. increase efficacy with this group; (2) editing from a professional editor. NIC Project Goal: The overall goal of the supporting research and evidence, will be responsible for the final editing initiative is to provide corrections surveys and assessments around the process and document design. The mental health professionals, most effective models and practices for award recipient will remain available practitioners, policy makers and others treating and managing the offenders during this time to answer questions with an interest in mental health and with diagnosed mental illness. This and to make revisions to the document. corrections, a framework and guide to should lead to the development or Document development will begin upon implement best practice strategies to assembly of a best practice framework award of this agreement and must be effectively work with and manage and model for the effective management completed 12 months after the award offenders in custody and/or under and treatment of offenders diagnosed date. community supervision and who are with mental illness, and collaboration Project Requirements: The following challenged with mental health with corrections, community mental list shows the major activities required problems. health providers and other key to complete the project. The schedule Document Requirements: The stakeholders; (3) the roles of policy for completion of activities should following are the expected document makers, administrators, program include, at a minimum, the following requirements. Note: Publications managers and line practitioners, from activities on the part of the award produced under this award must follow both corrections and mental health recipient: Submit a detailed work plan the ‘‘Guidelines for Preparing and fields in addressing the problem and with time lines and milestones for Submitting Manuscripts for implementing solutions; (4) descriptions accomplishing project activities to the Publication’’ as found in the General of strategies and practices that show the assigned CPS for approval prior to any Guidelines for Cooperative Agreements most promise in working effectively and work being performed under this included in this award package. All efficiently with a mental health offender agreement; meet with NIC project final publications submitted for posting population. This must include strategies manager for an overview of the project on the NIC Web site must meet the and practices for collaboration with and initial planning; review materials Federal government’s requirement for corrections, the mental health provider provided by NIC; complete the initial accessibility (508 PDF or HTML file). community and the offenders and Document Length: The number of outline of document content and layout; families. This discussion should focus pages is to be determined. The meet with NIC project manager to on the differences and variable needs document must include appendices and review, discuss and agree on content between large and small jurisdictions, a bibliography. outline; research content topics and Document Audience: Administrators, and urban/metropolitan and rural related resources; submit draft sections mental health and other program jurisdictions, as well as the differences of document to NIC for review; revise management staff, and line correctional at the state, county and local levels; (5) draft sections for NIC’s approval; submit staff in jails, prisons and community examples of programs and strategies that document to editor hired by award corrections agencies. The document will have been implemented and recipient for first content edit; submit also target community mental health demonstrate responsiveness to the draft of entire document to NIC for providers and policy makers. needs and interests of corrections, review; revise document for NIC’s Use of Document: The document will mental health and offenders; (6) barriers approval; submit document to NIC in be an implementation guide to help to planning and implementing strategies hard copy and on disk in Microsoft State and local, and urban and rural and programs for working with mentally Word format. correctional agencies implement a ill offenders, and systems working Throughout the project period, the comprehensive framework/model and collaboratively to address the problems award recipient must make provisions strategies to build and maintain and needs of this population. The for meetings with NIC staff at critical partnerships with community-based document will also provide suggestions planning and review points in mental health and social service for overcoming barriers, with examples document development. providers to effectively manage and around ‘‘lessons learned’’ from Applicant Web-conference: A web- treat persons with mental illness. jurisdictions that have experienced conference will be conducted for Document Distribution: NIC expects success in this area; the development persons with the intent to apply to the to distribute the document widely. It and presentation of a coherent solicitation on Thursday, January 7, will be made available on the NIC Web framework/model for implementation of 2009 at 12 p.m. EST. In this conference site and in print through the NIC the best practice strategies and programs NIC project managers will respond to Information Center, upon request and most likely to succeed in large urban questions regarding the solicitation and free of charge. It will also be made and small rural jurisdictions, and at the expectation of work to be performed. available through other agencies and state, county and local levels. This is optional and not a requirement organizations with an interest in Note that this is only a preliminary of the application process. You must providing services in the area of mental schedule of content to be included. The pre-register to attend the conference. illness in criminal justice and document content and layout may be You may register by going to https:// corrections. modified once the award recipient nic.webex.com/nic/onstage/ Document Content: The document begins the document development work g.php?t=a&d=715880766 and following will cover at a minimum: (1) The and consults with NIC project managers. the registration instructions. You will be

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66679

provided instructions for accessing the applicant. The applicant must specify Executive Order 12372: This project is session. its role in the production of the sample not subject to the provisions of Application Requirements: document(s). Executive Order 12372. Applications should be concisely Authority: Public Law 93–415. Thomas J. Beauclair, written, typed double spaced and Funds Available: NIC is seeking the reference the ‘‘NIC Opportunity Deputy Director, National Institute of applicant’s best ideas regarding Corrections. Number’’ and Title provided in this accomplishment of the scope of work announcement. The application package [FR Doc. E9–29958 Filed 12–15–09; 8:45 am] and the related costs for achieving the BILLING CODE 4410–36–P must include: OMB Standard Form 424, goals of this solicitation. Funds may Application for Federal Assistance; a only be used for the activities that are cover letter that identifies the audit linked to the desired outcome of the DEPARTMENT OF LABOR agency responsible for the applicant’s project. financial accounts as well as the audit This project will be a collaborative period of fiscal year that the applicant Employment and Training venture with the NIC Prisons Division. Administration operates under (e.g., July 1 through June Eligibility of Applicants: An eligible 30), and an outline of projected costs. applicant is any public or private [OMB 1205–0353] The following forms must also be agency, educational institution, Comment Request for the Proposed included: OMB Standard Form 424A, organization, individual or team with Extension of the Collection of Budget Information—Non Construction expertise in the described areas. Information With the ETA 9048, Worker Programs, OMB Standard Form 424B, Review Considerations: Applications Profiling and Reemployment Services Assurances—Non Construction will be reviewed by a team of NIC staff. Activity, and the ETA 9049, Worker Programs (available at http:// Among the criteria used to evaluate the Profiling and Reemployment Services www.grants.gov), and DOJ/NIC applications are: Indication of a clear Outcomes, Extension Without Certification Regarding Lobbying; understanding of the project Revisions Debarment, Suspension and Other requirements; background, experience, Responsibility Matters; and Drug-Free and expertise of the proposed project AGENCY: Employment and Training Workplace Requirements (available at staff, including any sub-contractors; Administration, Labor. http://www.nicic.gov/Downloads/PDF/ effectiveness of the creative approach to ACTION: Notice. certif-frm.pdf.) the project; clear, concise description of Applications may be submitted in all elements and tasks of the project, SUMMARY: The Department of Labor, as hard copy, or electronically via http:// with sufficient and realistic time frames part of its continuing effort to reduce www.grants.gov. If submitted in hard paperwork and respondent burden copy, there needs to be an original and necessary to complete the tasks; technical soundness of project design conducts a preclearance consultation three copies of the full proposal program to provide the general public, (program and budget narratives, and methodology; financial and administrative integrity of the proposal, State, and Federal agencies with an application forms and assurances). The opportunity to comment on proposed original should have the applicant’s including adherence to Federal financial guidelines and processes; a sufficiently and/or continuing collections of signature in blue ink. information in accordance with the The narrative portion of the detailed budget that shows Paperwork Reduction Act of 1995 application must be limited to no more consideration of all contingencies for (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This than 12 double spaced pages, exclusive this project and commitment to work program helps to ensure that requested of resumes and summaries of within the budget proposed; and data can be provided in the desired experience. The narrative should indication of availability to meet with include, at a minimum: A brief NIC staff. format, reporting burden (time and financial resources) is minimized, paragraph indicating the applicant’s Note: NIC will NOT award a cooperative understanding of the purpose of the agreement to an applicant who does not have collection instruments are clearly document and the issues to be a Dun and Bradstreet Database Universal understood, and the impact of collection addressed; a brief paragraph that Number (DUNS) and is not registered in the requirements on respondents can be summarizes the project goals and Central Contractor Registry (CCR). properly assessed. Currently, the objectives; a clear description of the A DUNS number can be received at Employment and Training methodology that will be used to no cost by calling the dedicated toll-free Administration is soliciting comments complete the project and achieve its DUNS number request line at 1–800– concerning the collection of data on goals; a statement or chart of measurable 333–0505 (if you are a sole proprietor, ETA 9048 and ETA 9049. A copy of the proposed information project milestones and time lines for the you would dial 1–866—705–5711 and collection request (ICR) can be obtained completion of each milestone; a select option 1). by contacting the office listed below in description of the qualifications of the Registration in the CCR can be done the addressee section of this notice. applicant organization and a resume for online at the CCR Web site: http:// the principle and each staff member www.ccr.gov. A CCR handbook and DATES: Written comments must be assigned to the project that documents worksheet can also be viewed at the submitted to the office listed in the relevant knowledge, skills and ability to Web site. addressee’s section below on or before carry out the project; a minimum of Number of Awards: One. February 16, 2010. three references for which the applicant NIC Opportunity Number: 10P08. ADDRESSES: Submit written comments has provided a similar service; a budget This number should appear as a to Diane Wood, Office of Workforce that details all costs for the project, reference line in the cover letter, where Security, 200 Constitution Ave. NW., shows consideration for all indicated on Standard Form 424, and Room S–4231, Washington, DC 20210; contingencies for this project, and notes outside of the envelope in which the telephone 202–693–3212; fax 202–693– a commitment to work within the application is sent. 3975 (these are not toll-free numbers) or proposed budget; and a sample of a least Catalog of Federal Domestic e-mail [email protected]. one document completed by the Assistance Number: 16.601. SUPPLEMENTARY INFORMATION:

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66680 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

I. Background including the validity of the collection request; they will also methodology and assumptions used; become a matter of public record. The Worker Profiling and * Enhance the quality, utility, and Dated: December 9, 2009. Reemployment Services (WPRS) clarity of the information to be Jane Oates program allows for the targeting of collected; and reemployment services to those most * Minimize the burden of the Assistant Secretary, Employment and Training Administration. likely to exhaust their benefits. The ETA collection of information on those who 9048 and ETA 9049 are the only means are to respond, including through the [FR Doc. E9–29863 Filed 12–15–09; 8:45 am] of tracking the activities in the WPRS use of appropriate automated, BILLING CODE 4510–FN–P program. The ETA 9048 reports on the electronic, mechanical, or other numbers and flows of claimants at the technological collection techniques or various stages of the WPRS system from other forms of information technology, MILLENNIUM CHALLENGE initial profiling through the completion e.g., permitting electronic submissions CORPORATION of specific reemployment services. This of responses. allows for evaluation and monitoring of [MCC 10–02] the program. The ETA 9049 gives a III. Current Actions Notice of Quarterly Report (July 1, limited, but inexpensive, look at the Type of Review: Extension without 2009–September 30, 2009) reemployment experience of profiled changes. claimants who were referred to services Title: ETA 9048, Worker Profiling and AGENCY: Millennium Challenge by examining the State’s existing wage Reemployment Services Activity and Corporation. record files to identify the subsequent the ETA 9049, Worker Profiling and SUMMARY: The Millennium Challenge quarter in which the referred Reemployment Services Outcomes. Corporation (MCC) is reporting for the individuals became employed, what OMB Number: 1205–0353. quarter July 1, 2009 through September wages they earned and whether they Affected Public: State governments. 30, 2009, on assistance provided under have changed industries. Forms: ETA–9048 and ETA 9049. section 605 of the Millennium Total Respondents: 53. II. Review Focus Challenge Act of 2003 (22 U.S.C. 7701 Frequency: Quarterly. et seq.), as amended (the Act), and on The Department of Labor is Total Annual Responses: 424. transfers or allocations of funds to other particularly interested in comments Total Burden Cost (capital/startup): 0. Federal agencies under section 619(b) of Total Burden Cost (operating/ which: the Act. The following report will be maintaining): 0. made available to the public by * Evaluate whether the proposed Average Time per Response: 15 publication in the Federal Register and collection of information is necessary minutes. for the proper performance of the Estimated Total Burden Hours: 106 on the Internet Web site of the MCC functions of the agency, including hours. (http://www.mcc.gov) in accordance whether the information will have Comments submitted in response to with section 612(b) of the Act. practical utility; this comment request will be Dated: December 11, 2009. * Evaluate the accuracy of the summarized and/or included in the James Mazzarella, agency’s estimate of the burden of the request for Office of Management and Acting Vice President, Congressional & Public proposed collection of information, Budget approval of the information Affairs, Millennium Challenge Corporation.

ASSISTANCE PROVIDED UNDER SECTION 605

Cumulative dis- Projects Obligated Objective bursements Measures

Country: Madagascar Year: 2009 Quarter 4 Total Obligation: $109,773,00 Entity to which the assistance is provided: MCA Madagascar Total quarterly Disbursement: $11,414,683

Land Tenure Project ...... $36,28,000 Increase Land Titling and $26,659,117 Area secured with land certificates or titles in the Security. Zones. Proportion of the population informed about land tenure reforms in the Zones. Legal and regulatory reforms adopted. Number of land documents inventoried in the Zones and Antananarivo. Number of land documents restored in the Zones and Antananarivo. Number of land documents digitized in the Zones and Antananarivo. Average time for Land Services Offices to issue a duplicate copy of a title. Average cost to a user to obtain a duplicate copy of a title from the Land Services Offices. Number of land cetificates delivered in the Zones during the period. Number of new guichets fonciers operating in the Zones. The 256 Plan Local d’Occupation Foncier—Local Plan of Land Occupation (PLOFs) are com- pleted.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66681

ASSISTANCE PROVIDED UNDER SECTION 605—Continued

Cumulative dis- Projects Obligated Objective bursements Measures

Finance Project ...... $32,445,000 Increase Competition in $23,558,985 Volume of funds processed annually by the na- the Financial Sector. tional payment system. The components necessary to implement the na- tional payment system are operational: network equipment and integrator, real time gross settle- ment system (RTGS), retail payment clearing system, telecommunication facilities. Number of accountants and financial experts reg- istered to become Certified Public Accountant (CPA). Percent of Micro-Finance Institution (MFI) loans re- corded in the Central Bank database.

Agricultural Business In- $17,683,000 Improve Agricultural Pro- $13,800,987 Number of farmers that adopt new technologies or vestment Project. jection Technologies engage in higher value production. and Market Capacity in Number of enterprises that adopt new technologies Rural Areas. or engage in higher value production. Number of farmers receiving technical assistance. Number of farmers employing technical assistance. Number of businesses receiving technical assist- ance. Number of Ministe`re de l’Agriculture, de l’Elevage et de la Peˆche-Ministry of Agriculture, Livestock, and Fishing (MAEP) agents trained in marketing and investment promotion. Zones identified and description of beneficiaries within each zone submitted. Number of people receiving information from Agri- cultural Business Center (ABCs) on business op- portunities. Zonal investment strategies for the Zones are de- veloped. Number of ABC clients who register as formal en- terprises, cooperatives, or associations. Number of marketing contracts of ABC clients.

Program Administration * $23,617,000 ...... $16,910,798 and Control, Monitoring and Evaluation.

Pending subsequent re- ...... $614,876 ports **.

Country: Honduras Year: 2009 Quarter 4 Total Obligation: $215,000,000 Entity to which the assistance is provided: MCA Honduras Total Quarterly Disbursement: $28,849,927

Rural Development $74,557,000 Increase the productivity $38,143,299 Number of program farmers harvesting high-value Project. and business skills of horticulture crops. farmers who operate Number of hectares harvesting high-value horti- small and medium-size culture crops. farms and their em- Number of business plans prepared by program ployees. farmers with assistance from the implementing entity. Total value of net sales. Total number of recruited farmers receiving tech- nical assistance. Value of loans disbursed (disaggregated by trust fund, leveraged from trust fund, and institutions receiving technical assistance from ACDI– VOCA). Number of loans disbursed (disaggregated by trust fund, leveraged from trust fund, and institutions receiving technical assistance from ACDI– VOCA). Percentage of loan portfolio at risk (disaggregated by trust fund and institutions receiving technical assistance from ACDI–VOCA). Funds lent from the trust fund to financial inter- mediaries through lines of credit.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66682 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

ASSISTANCE PROVIDED UNDER SECTION 605—Continued

Cumulative dis- Projects Obligated Objective bursements Measures

Number of hectares under irrigation. Number of beneficial biological control agents de- veloped for use by program farmers or other farmers for pilot testing. Number of improved coffee hybrids available for cloning. Number of farmers connected to the community ir- rigation system. Number of certified deliverables across all agricul- tural public goods grant.

Transportation Project ..... $123,621,876 Reduce transportation $61,769,408 Freight shipment cost from Tegucigalpa to Puerto costs between targeted Cortes. production centers and Average annual daily traffic volume—CA–5. national, regional and International roughness index (IRI)—CA–5. global markets. Kilometers of road upgraded—CA–5. Percent of contracted road works disbursed—CA– 5. Average annual daily traffic volume—secondary roads. International roughness index (IRI)—secondary roads. Kilometers of road upgraded—secondary roads. Percent of contracted road works disbursed—sec- ondary raods. Average annual daily traffic volume—rural roads. Average speed—rural roads. Kilometers of road upgrated—rural roads. Percent of contracted road works disbursed—rural roads. Signed contracts for feasibility and/or design stud- ies. Percent of contracted studies disbursed. Kilometers (km) of roads under design. Signed contracts for roads works. Kilometers (km) or roads under works contracts.

Program Administration * $16,821,124 ...... $7,695,345 and Control, Monitoring and Evaluation.

Pending subsequent re- ...... $1,521,767 ports **.

Country: Cape Verde Year: 2009 Quarter 4 Total Obligation: $110,078,488 Entity to which the assistance is provided: MCA Cape Verde Total Quarterly Disbursement: $9,470,384

Watershed and Agricul- $11,001,130 Increase agricultural pro- $7,850,113 Productivity: Horticulture, Paul watershed. tural Support. duction in three tar- Productivity: Horticulture, Faja watershed. geted watershed areas Productivity: Horticulture, Mosteiros watershed. on three islands. Number of farmers adopting drip irrigation. Area irrigated with drip irrigation. Percent of contracted irrigation works disbursed (cumulative). Reservoirs constructed. Number of farmers that have completed training in at least 3 of 5 core agricultural disciplines.

Infrastructure Improve- $83,160,208 Increase integration of $42,188,579 Travel time ratio: percentage of beneficiary popu- ment. the internal market and lation further than 30 minutes from nearest mar- reduce transportation ket. costs. Kilometers of roads rehabilitated. Percent of contracted Santiago Roads works dis- bursed (cumulative). Percent of contracted Santo Antao Bridge works disbursed (cumulative). Kilometers (km) of roads under design. Signed contracts for roads works. Kilometers (km) of roads under works contracts. Port of Praia: percent of contracted port works dis- bursed (cumulative).

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66683

ASSISTANCE PROVIDED UNDER SECTION 605—Continued

Cumulative dis- Projects Obligated Objective bursements Measures

Cargo village: percent of works completed. Quay 2 improvements: percent of works com- pleted. Access road: percent of works completed.

Private Sector Develop- $2,081,223 Spur private sector devel- $976,634 Micro-Finance Institution (MFI) recovery rate, ad- ment opment on all islands justed. through increased in- MFI portfolio at risk, adjusted. vestment in the priority Ratio of MFIs operationally self-sufficient. sectors and through fi- nancial sector reform.

Program Administration * $13,835,927 ...... $8,603,553 and Control, Monitoring and Evaluation.

Pending subsequent re- ...... $1,471,195 ports **.

Country: Nicaragua Year: 2009 Quarter 4 Total Obligation: $175,000,000 Entity to which the assistance is provided: MCA Nicaragua Total Quarterly Disbursement: $11,505,614

Property Regularization $22,000,000 Increase Investment by $7,418,507 Automated database of registry and cadastre in- Project. strengthening property stalled in the 10 municipalities of Leon rights. Value of land, urban. Value of land, rural. Time to conduct a land transaction. Number of additional parcels with a registered title, urban. Number of protected areas demarcated. Area covered by cadastral mapping. Cost to conduct a land transaction.

Transportation Project ..... $105,193,200 Reduce transportation $37,933,257 Annual Average daily traffic volume: N1 Section costs between Leon R1. and Chinandega and Annual Average daily traffic volume: N1 Section national, regional and R2. global markets. Annual Average daily traffic volume: Port Sandino (S13). Annual Average daily traffic volume: Villanueva— Guasaule Annual. Average daily traffic volume: Somotillo-Cinco Pinos (S1). Annual average daily traffic volume: Leo´n– Poneloya–Las Pen˜itas. International Roughness Index: N–I Section R1. International Roughness Index: N–I Section R2. International Roughness Index: Port Sandino (S13). International Roughness Index: Villanueva— Guasaule. International roughness index: Somotillo–Cinco Pinos. International roughness index: Leo´n–Poneloya–Las Pen˜itas. Kilometers of NI upgraded: R1 and R2 and S13. Kilometers of NI upgraded: Villanueva—Guasaule. Kilometers of S1 road upgraded. Kilometers of S9 road upgraded. Kilometers of designed primary roads (including N– I/Puerto Sandino and V–G). Kilometers of designed secondary roads.

Rural Development $32,897,500 Increase the value added $20,640,918 Number of beneficiaries with business plans pre- Project. of farms and enter- pared with assistance from the Rural Develop- prises in the region. ment Business Project. Numbers of manzanas (1 Manzana = 1.7 hec- tares), by sector, harvesting higher-value crops.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66684 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

ASSISTANCE PROVIDED UNDER SECTION 605—Continued

Cumulative dis- Projects Obligated Objective bursements Measures

Number of manzanas of beneficiaries of the pro- gram that harvest higher-value crops with irriga- tion or commercial reforestation under Improve- ment of Water Supply Activities. Number of beneficiaries implementing business plans. Average increase in income of beneficiaries due to program.

Program Administration,* $14,909,300 ...... $9,735,986 Due Diligence, Moni- toring and Evaluation.

Pending subsequent re- ...... $0 ports **.

Country: Georgia Year: 2009 Quarter 4 Total Obligation: $395,300,000 Entity to which the assistance is provided: MCA Georgia Total Quarterly Disbursement: $31,417,923

Regional Infrastructure $310,650,000 Key Regional Infrastruc- $95,018,048 Household savings from Infrastructure Rehabilita- Rehabilitation. ture Rehabilitated. tion Activities Savings in vehicle operating costs (VOC). International roughness index (IRI). Annual average daily traffic (AADT). Travel time. Kilometers of road paved. Percent of contracted works disbursed. Signed contracts for feasibility and/or design stud- ies. Percent of contracted studies disbursed. Kilometers of roads under design. Signed contracts for road works. Kilometers of toads under works contracts. Sites rehabilitated (phases I, II, III)—pipeline. Construction works completed (phase II)—pipeline. Savings in household expenditures for all sub- projects. Population Served by all subprojects. Subprojects completed. Value of project grant agreements signed. Value of project works and goods contracts signed. Subprojects with works initiated.

Regional Enterprise De- $52,300,000 Enterprises in Regions $34,110,317 Jobs Created by Agribusiness Development Activ- velopment. Developed. ity (ADA) and by Georgia Regional Development Fund (GRDF). Household net income—ADA and GRDF. Jobs created—ADA. Firm income—ADA. Household net income—ADA. Beneficiaries (direct and indirect)—ADA. Grant agreements signed—ADA. Increase in gross revenues of portfolio companies (PC). Increase in portfolio company employees. Increase in wages paid to the portfolio company employees. Cumulative number of portfolio companies. Funds disbursed to the portfolio companies.

Program Administration,* $32,350,000 ...... $15,546,209 Due Diligence, Moni- toring and Evaluation.

Pending subsequent re- ...... $1,271,467 ports **.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66685

ASSISTANCE PROVIDED UNDER SECTION 605—Continued

Cumulative dis- Projects Obligated Objective bursements Measures

Country: Vanuatu Year: 2009 Quarter 4 Total Obligation: $65,690,000 Entity to which the assistance is provided: MCA Vanuatu Total Quarterly Disbursement: $7,043,069

Transportation Infrastruc- $60,228,579 Facilitate transportation $35,918,153 Number of international tourists—Efate. ture Project. to increase tourism and Number of international tourists—Santo. business development. Number of room nights occupied—Efate. Number of room nights occupied—Santo. Average annual daily traffic—Efate. Average annual daily traffic—Santo. Kilometers of road upgraded—Efate. Kilometers of roads upgraded—Santo. Signed contracts for feasibility and/or design stud- ies. Percent of contracted studies disbursed. Kilometers (km) of roads under design. Signed contracts for roads works. Kilometers (km) of roads under works contracts. Percent of contracted roads works disbursed.

Program Administration,* $5,461,421 ...... $2,654,537 Due Diligence, Moni- toring and Evaluation.

Pending subsequent re- ...... $0 ports **.

Country: Armenia Year: 2009 Quarter 4 Total Obligation: $235,650,000 Entity to which the assistance is provided: MCA Armenia Total Quarterly Disbursement: $6,128,447

Irrigated Agriculture $145,080,000 Increase agricultural pro- $23,712,563 Recovery of Water User Associations (WUA) oper- Project (Agriculture and ductivity and Improve ations and maintenance cost by water charges. Water). Quality of Irrigation. Primary canals rehabilitated. Tertiary canals rehabilitated. Percent of contracted irrigation works disbursed. Value of signed contracts for irrigation works. Number of farmers using better on-farm water management. Number of farmers trained. Number of agribusinesses assisted. Value of agricultural loans to farmers/agri- businesses.

Rural Road Rehabilitation $67,100,000 Better access to eco- $7,534,152 Average annual daily traffic. Project. nomic and social infra- International roughness index. structure. Kilometers of roads rehabilitated. Percent of contracted roads works disbursed. Signed contracts for roads works. Percent of contracted studies disbursed. Kilometers (km) of roads under design. Signed contracts for feasibility and/or design stud- ies. Kilometers (km) of roads under works contracts.

Program Administration,* $23,470,000 ...... $8,947,797 Due Diligence, Moni- toring and Evaluation.

Pending subsequent re- ...... $1,145,001 ports **.

Country: Benin Year: 2009 Quarter 4 Total Obligation: $307,298,040 Entity to which the assistance is provided: MCA Benin Total Quarterly Disbursement: $16,227,236

Access to Financial Serv- $19,650,000 Expand Access to Finan- $2,734,029 Volume of credits granted by the Micro-Finance In- ices. cial Services. stitutions (MFI). Volume of saving collected by the Micro-Finance Institutions. Average portfolio at risk >90 days of microfinance institutions at the national level.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66686 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

ASSISTANCE PROVIDED UNDER SECTION 605—Continued

Cumulative dis- Projects Obligated Objective bursements Measures

Operational self-sufficiency of MFIs at the national level. Average time required by Cellule de Surveillance des Structures Financie`res De´centralise´es (CSSFD) in treating MFI applications. Number of institutions receiving grants through the Facility. Second call for proposal for grants launched. Number of MFIs inspected by CSSFD.

Access to Justice ...... $34,270,000 Improved Ability of Jus- $1,558,603 Average time to enforce a contract. tice System to Enforce Percent of firms reporting confidence in the judicial Contracts and Rec- system. oncile Claims. Number of cases processed at Arbitration Center per year. Number of Information, Education and Commu- nication Campaign (IEC) sessions hosted by Chamber of Commerce (CAMeC). Passage of new legal codes. Average time required for Tribunaux de premiere instance-arbitration centers and courts of first in- stance (TPI) to reach a final decision on a case. Average time required for Court of Appeals to reach a final decision on a case. Percent of cases resolved in TPI per year. Percent of cases resolved in Court of Appeals per year. Number of Court inspections per year. Number of Court employees trained. Number of beneficiaries of legal aid services. Complete construction on 9 new court houses. Average time required to register a business (socie´te´). Average time required to register a business (sole proprietorship). Number of businesses accessing CAMEC service. Business registration center (CFE) information and outreach campaign executed throughout Benin.

Access to Land ...... $36,019,999 Strengthen property $10,288,868 Total value of investment in targeted urban land rights and increase in- parcels. vestment in rural and Total value of investment in targeted rural land par- urban land. cels. Average cost required to obtain a new land title through on demand process. Average cost required to convert occupancy permit to land title through systematic process. Percentage of respondents perceiving land security in the Occupancy Permit (PH) into Land titles (TF) or Rural Land Plan Foncier Rural (PFR) areas.. Number of new land disputes reported by com- mune heads. Seven studies complete. Land code texts adopted (laws, decrees and land code). Value ($) of equipment purchased. Number of land certificates issued within MCA- Benin implementation. Number of habitation permits converted to land ti- tles. Number of Continuously Operating Reference (CORS) stations installed. Number of public and private surveyors trained. Number of communes with new cadastres. Land market information system established.

Access to Markets ...... $169,447,000 Improve Access to Mar- $15,508,504 Volume of merchandise traffic through the Port kets through Improve- Autonome de Cotonou. ments to the Port of Bulk ship carriers waiting times at the port. Cotonou. Container ship waiting times at the port.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66687

ASSISTANCE PROVIDED UNDER SECTION 605—Continued

Cumulative dis- Projects Obligated Objective bursements Measures

Port design-build contract awarded. Port crime levels (number of thefts). Internal port circulation time. Average time to clear customs. Execution rate of training plan. Port meets—international port security standards (ISPS). Public consultation completed (3). Environmental permits issued.

Program Administration,* $47,911,041 ...... $18,654,249 Due Diligence, Moni- toring and Evaluation.

Pending subsequent re- ...... $283,061 ports **.

Country: Ghana Year: 2009 Quarter 4 Total Obligation: $547,009,000 Entity to which the assistance is provided: MCA Ghana Total Quarterly Disbursement: $17,606,940

Agriculture Project ...... $227,899,382 Enhance Profitability of $50,461,093 Number of farmers trained. cultivation, services to Number of agribusinesses assisted. agriculture and product Number of hectares under production with MCC handling in support of support. the expansion of com- Value of agricultural loans to farmers/agri- mercial agriculture businesses.. among groups of Value of signed contracts for feasibility and/or de- smallholder farms. sign studies (irrigation). Percent of contracted (design/feasibility) studies complete (irrigation). Value of signed contracts for irrigation works (irri- gation). Percent of contracted irrigation works disbursed. Percent of people aware of their land rights. Total number of parcels surveyed in the Pilot Land Registration Areas (PLRAs). Volume of products passing through post-harvest treatment.

Rural Development $89,361,539 Strengthen the rural insti- $7,956,184 Number of students enrolled in schools affected by Project. tutions that provide Education Facilities Sub-Activity. services complemen- Number of schools rehabilitated. tary to, and supportive Number of basic school blocks constructed to Min- of, agricultural and ag- istry of Education (MOE) construction standards. riculture business de- Number of schools designed and due diligence velopment. completed. Distance to collect water. Time to collect water. Incidence of guinea worm. Average number of days lost due to guinea worm. Number of people affected by Water and Sanita- tion Facilities Sub-Activity. Number of stand-alone boreholes/wells/nonconven- tional water systems constructed/rehabilitated. Number of small-town water systems constructed. Number of pipe extension projects constructed. Number of stand-alone boreholes/wells/non-con- ventional water systems identified and due dili- gence performed for rehabilitation/construction. Number of small-town water systems designed and due diligence completed for construction. Number of pipe extension projects designed and due diligence completed for construction. Number of agricultural processing plants in target districts with electricity due to Rural Electrifica- tion Sub-Activity. Number of electricity projects identified and due diligence completed.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66688 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

ASSISTANCE PROVIDED UNDER SECTION 605—Continued

Cumulative dis- Projects Obligated Objective bursements Measures

Transportation ...... $174,285,120 Reduce the transpor- $14,218,114 International roughness index. tation costs affecting Annualized average daily traffic. agriculture commerce Kilometers of road completed. at sub-regional levels. Percent of contracted road works disbursed. Value of signed contracts for road works. Kilometers of road designed. Percent of contracted design/feasibility studies completed. Value of signed contracts for feasibility and/or de- sign studies. Travel time for walk-on passengers.. Travel time for small vehicles. Travel time for trucks. Annual average daily traffic (vehicles). Annual average daily traffic (passengers). Landing stages rehabilitated. Ferry terminal upgraded. Rehabilitation of Akosombo Floating Dock com- pleted. Percent of contracted work disbursed landings and terminals. Value of signed contracts for works: ferry and float- ing dock. Value of signed contracts for works: landings and terminals.

Program Administration,* $55,462,959 ...... $16,099,667 Due Diligence, Moni- toring and Evaluation.

Pending subsequent re- ...... $0 ports **.

Country: El Salvador Year: 2009 Quarter4 Total Obligation: $460,940,000 Entity to which the assistance is provided: MCA El Salvador Total Quarterly Disbursement: $18,083,019

Human Development $94,963,736 Increase human and $7,898,797 Employment rate of graduates of middle technical Project. physical capital of resi- schools. dents of the Northern Graduation rates of middle technical schools Zone to take advan- Middle technical schools remodeled and equipped. tage of employment Scholarships granted to students of middle tech- and business opportu- nical schools. nities. Students of non-formal training. Cost of water. Time collecting water. Households benefiting from water solutions built. Potable water and basic sanitation systems with construction contracts signed. Cost of electricity. Electricity consumption. Households benefiting from a connection to the electricity network. Household benefiting from the installation of iso- lated solar systems. Kilometers of new electrical lines with construction contracts signed. Population benefiting from strategic infrastructure. Community Infrastructure Works with Construction Contracts Signed.

Productive Development $87,850,853 Increase production and $17,296,662 Number of hectares under production with MCC Project. employment in the support. Northern Zone. Number of farmers trained. Value of agricultural loans to farmers/agri- businesses. Number of agribusinesses assisted.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66689

ASSISTANCE PROVIDED UNDER SECTION 605—Continued

Cumulative dis- Projects Obligated Objective bursements Measures

Connectivity Project ...... $233,389,335 Reduce travel cost and $13,092,695 Average annual daily traffic. time within the North- International roughness index. ern Zone, with the rest Kilometers of roads rehabilitated of the country, and within the region. Kilometers of roads under works contract. Signed contracts for roads works. Percent of contracted roads works disbursed.

Program Administration * $44,736,076 ...... $10,987,647 and Control, Monitoring and Evaluation.

Pending Subsequent Re- ...... $0 port **.

Country: Mali Year: 2009 Quarter 4 Total Obligation: $460,811,164 Entity to which the assistance is provided: MCA Mali Total Quarterly Disbursement: $18,402,797

Bamako Se´nou Airport $181,254,264 Establish an independent $8,212,510 Total wage bill of tourism industry. Improvement Project. and secure link to the Freight volume. regional and global Employment at airport. economy. Signature of design contract. Average number of weekly flights (arrivals). Passenger traffic (annual average). Percent works complete. Airside Infrastructure Design, and Airside Infra- structure Construction Supervision, (AIR A01) and Landside Infrastructure Design (New Ter- minal & Associated Works) and Landside Con- struction Supervision is launched. Time required for passenger processing at depar- tures and arrivals. Passenger satisfaction level. Percent works complete. Percent of airport management and maintenance plan implemented. Airport meets Federal Aviation Administration (FAA) and International Civil Aviation Organiza- tion (ICAO) security standards. Technical assistance delivered to project.

Alatona Irrigation Project $234,884,675 Increase the agricultural $21,244,320 Number of agricultural jobs created in Alatona production and produc- zone. tivity in the Alatona Main season rice yields. zone of the ON. International roughness index (IRI) on the Niono- Goma Coura Route. Average daily vehicle count. Percentage works complete. Total irrigated land in the Alatona zone. Irrigation system efficiency on Alatona Canal dur- ing the rainy season and the dry season. Kilometers of road under design/feasibility study. Value of signed contracts for road works. Kilometers of road under works contract. Percent of works completed on main system con- struction. Percent of contracted irrigation works disbursed for tranche 1. Value of signed contracts for irrigation works. Value of signed contracts for feasibility and/or de- sign studies. Percent of contracted (design/feasibility) studies disbursed. Area planted by new settlers (wet season). Titles registered in the land registration office of the Alatona zone (for 5- or 10-hectare farms). Total land payments made. Total market gardens allocated in Alatona zones for the populations affected by the project (PAPs).

VerDate Nov<24>2008 17:06 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66690 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

ASSISTANCE PROVIDED UNDER SECTION 605—Continued

Cumulative dis- Projects Obligated Objective bursements Measures

Decree transferring legal control of the project im- pact area is passed. Selection criteria for new settlers approved. Contractor implementing the ‘‘Mapping of Agricul- tural and Communal Land Parcels’’ contract is mobilized. School enrollment rate. Percent of Alatona population with access to drink- ing water. Number of schools available in the Alatona. Number of health centers available in the Alatona. Number of concessions that have been com- pensated. Resettlement census verified. Adoption rate of improved agriculture techniques among populations affected by the project (PAPs). Number of operational mixed cooperatives. Area planted by PAPs (wet season rice). Area planted with shallots during dry season. Number of farmers completing literacy training. Number of people completing the rice and shallot production techniques module. Number of farmers completing land titling training. Water management system design and capacity building strategy implemented. Call for proposals for the applied research grants launched. Average portfolio at risk among Alatona micro- finance institutions. Average loan repayment rate of Alatona clients (farmers organizations or individual farmers). Amount of credit extended to Alatona farmers. Number of farmers accessing grant assistance for first loan from financial institutions. Financial institution partners identified (report on assessment of the financial institutions in the Of- fice du Niger—Office of Niger zone (ON zone).

Industrial Park Project ..... $2,643,432 Develop a platform for in- 2,637,472 Occupancy level. dustrial activity to be Average number of days required for operator to located within the Air- connect to Industrial Park water and electricity port domain.. services.

Program Administration * $42,028,793 ...... $14,078,641 and Control, Monitoring and Evaluation.

Pending Subsequent Re- ...... $184,332 port **.

Country: Mongolia Year: 2009 Quarter 4 Total Obligation: $284,911,363 Entity to which the assistance is provided: MCA Mongolia Total Quarterly Disbursement: $2,653,062

Property Rights Project .... $22,912,286 Increase security and $614,859 Number of studies completed. capitalization of land Legal and regulatory reforms adopted. assets held by lower- Number of landholders reached by public outreach income Mongolians, efforts. and increased peri- Personnel Trained. urban herder produc- Number of Buildings rehabilitated/constructed. tivity and incomes. Value of equipment purchased. Rural hectares Mapped. Urban Parcels Mapped. Rural Hectares Formalized. Urban parcels formalized.

Rail Project ...... $188,378,000 Increase rail traffic and $369,560 Increase in gross domestic product due to rail im- shipping efficiency. provements. Freight turnover. Mine traffic. Percent of wagons leased by private firms.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66691

ASSISTANCE PROVIDED UNDER SECTION 605—Continued

Cumulative dis- Projects Obligated Objective bursements Measures

Railway operating ratio. Customer satisfaction. Wagon time to destination. Average locomotive availability.

Vocational Education $25,492,856 Increase employment $612,843 Rate of employment. Project. and income among un- Students completing newly designed long-term pro- employed and under- grams. employed Mongolians. Percent of active teachers receiving certification training. Technical and vocational education and training (TVET) legislation passed.

Health Project ...... $16,977,119 Increase the adoption of $740,455 Diabetes and hypertension controlled. behaviors that reduce Percentage of cancer cases diagnosed in early non-communicable dis- stages. eases (NCDIs) among Road and traffic safety activity finalized and key target populations and interventions developed. improved medical treat- ment and control of NCDIs.

Program Administration * $31,151,102 ...... $5,306,252 and Control, Monitoring and Evaluation.

Pending subsequent re- ...... $250,000 ports **.

Country: Mozambique Year: 2009 Quarter 4 Total Obligation: $506,924,053 Entity to which the assistance is provided: MCA Mozambique Total Quarterly Disbursement: $4,126,956

Water and Sanitation $203,585,393 Increase access to reli- $1,581,000 Time to get to non-private water source. Project. able and quality water Percent of urban population with improved water and sanitation facilities. sources. Percent of urban population with improved sanita- tion facilities. Number of private household water connections in urban, areas. Number of private household sanitation connec- tions in urban areas. Number of standpipes in urban areas. Final detailed design for 5 towns submitted. Final detailed design for 3 cities submitted. Percent of rural population with access to improved water sources. Number of rural water points constructed. Final design report 1 (400 WP) submitted. Final design report II (200 Water points) submitted. Implementing agreement signed with the Adminis- tration for Water and Sanitation (AIAS) Infra- structure. Change in international roughness index (IRI). Average annual daily traffic volume.

Road Rehabilitation $176,307,480 Increase access to pro- $278,247 Kilometers of road rehabilitated. Project. ductive resources and Kilometers of road under design. markets. Percent of Namialo–Rio Lu´rio Road–Metoro feasi- bility, design, and supervision contract disbursed. Percent of Rio Ligonha–Nampula feasibility, de- sign, and supervision contract disbursed. Percent of Chimuara–Nicoadala feasibility, design, and supervision contract disbursed. Kilometers of roads under works contract. Percent of Namialo–Rio Lu´rio Road construction contract disbursed. Percent of Rio Lu´rio–Metro Road construction con- tract disbursed. Percent of Rio Ligonha–Nampula Road construc- tion contract disbursed.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66692 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

ASSISTANCE PROVIDED UNDER SECTION 605—Continued

Cumulative dis- Projects Obligated Objective bursements Measures

Percent of Chimuara–Nicoadala Road construction contract disbursed. Feasibility/Environmental and Social Assessment studies, design, supervision, and construction contract (ESA) for Namialo–Rio Lu´rio–Metoro segment signed. Feasibility/ESA contract for Rio Ligonha–Nampula Road segment signed. Feasibility/ESA contract for Chimuara–Nicoadala Road signed. Time to get land usage rights direito de uso e aproveitamento da terra (State-granted land right) (DUAT). Cost to get land usage rights DUAT.

Land Tenure Services $39,068,307 Establish efficient, secure $819,327 Total number of officials and residents reached Peoject. land access for house- with land strategy and policy awareness and out- holds and investors. reach messages. Land strategy approved. Number of buildings rehabilitated or built. Total value of procured equipment and materials. Number of people trained. Rural hectares mapped in Site Specific Activity. Rural hectares mapped in Community Land Fund Initiative. Urban parcels mapped. Rural hectares formalized through Site Specific Ac- tivity. Rural hectares formalized through Community Land Fund Initiative. Urban parcels formalized. Number of communities delimited. Number of households having land formalized. Income from coconuts and coconut products. Survival rate of coconut seedling.

Farmer Income Support $17,432,211 Improve coconut produc- $1,126,384 Number of diseased or dead palm trees cleard. Project. tivity and diversification Number of coconut seedlings planted. into cash crop. Hectares under production. Number of farmers trained in pest and disease control. Number of farmers trained in crop diversification technologies. Contract for project implementation signed.

Program Administration * $70,530,662 ...... $7,364,965 and Control, Monitoring and Evaluation.

Pending Subsequent Re- ...... $317,157 port **.

Country: Lesotho Year: 2009 Quarter 4 Total Obligation: $362,527,119 Entity to which the assistance is provided: MCA Lesotho Total Quarterly Disbursement: $4,063,018

Water Project ...... $164,027,999 Improve the water supply $5,010,593 School days lost due to water borne diseases. for industrial and do- Diarrhea notification at health centers. mestic needs, and en- Time saved due to access to water source. hance rural livelihoods Rural household (HH) provided with access to im- through improved wa- proved water supply. tershed management. Rural HH provided with access to improved venti- lated latrines. Rural water points constructed. Number of new latrines built. Urban HH with access to potable water supply. Number of enterprises connected to water network. Households connected to improved water network. Cubic meters of treated water from metolong dam delivered through a conveyance system to Water and Sewerage Authority (WASA). Value of water treatment contract works award.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66693

ASSISTANCE PROVIDED UNDER SECTION 605—Continued

Cumulative dis- Projects Obligated Objective bursements Measures

Value of conveyance system contract work award. Species population. Livestock grazing per area. Area put under conservation.

Health Project ...... $122,398,000 Increase access to life- $1,668,400 People with HIV still alive 12 months after initiation extending ART and es- of treatment. sential health services TB notification (per 100,000 pop.). by providing a sustain- Proportion of blood units collected annually. able delivery platform. Deliveries conducted in the health centers. Immunization coverage rate. Number of Health Centers (H/C) constructed and fully equipped. Value of contract works for health center construc- tion. Percentage of contract works for health center con- struction disbursed. Percentage of contract works for Botshalo Com- plex disbursed. Percentage of contract works for Out-Patient De- partment (OPD) Centers disbursed. Percentage of HSS Contract disbursed. Proportion of People Living With AIDS (PLWA) re- ceiving Antiretroviral treatment (ARV) (by age and sex). Referred tests from central laboratory per year by types (number).

Private Sector Develop- $36,720,318 Stimulate investment by $1,361,240 Average time (days) required to enforce a contract. ment Project. improving access to Pending commercial cases. credit, reducing trans- Cases filed at the commercial court. action costs and in- Value of commercial cases. creasing the participa- Judicial staff trained. tion of women in the Administrative and clerical staff trained. economy. Awareness campaigns. Portfolio of loans. Loan processing time. Bank accounts. Paper-based payments. Electronic payments. Value of contract services signed. Debit/smart cards issued. Mortgage bonds registered. Value of registered mortgage bonds. New land disputes brought to the Land Tribunal and Courts of Law. Time to complete a land transaction. Time to complete transfer of land rights. Land transactions recorded. Land parcels formalized. Number of land administration personnel trained. Land Act adopted. People trained on gender equality and economic rights. ID cards issued. Population registered in the national database.

Program Administration * $39,404,682 ...... $9,110,760 and Control, Monitoring and Evaluation.

Pending Subsequent Re- ...... $1 port **.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66694 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

ASSISTANCE PROVIDED UNDER SECTION 605—Continued

Cumulative dis- Projects Obligated Objective bursements Measures

Country: Morocco Year: 2009 Quarter 4 Total Obligation: $697,500,000 Entity to which the assistance is provided: MCA Lesotho Total Quarterly Disbursement: $7,420,954

Fruit Tree Productivity ..... $300,898,445 Reduce volatility of agri- $6,506,766 Total annual volume of production of dates and ol- cultural production and ives. increase volume of fruit Cropped area covered by olive trees. agricultural production. Survival rate of newly planted olive trees after 2 years project-supported establishment period. Yield of rehabilitated olive trees. Cropped area covered by date trees. Yield of rehabilitated date palms.

Small Scale Fisheries ...... $116,168,027 Improve quality of fish $1,060,336 State of fish stock. moving through do- Domestic fish consumption level. mestic channels and Fisherman net revenue. assure the sustainable Average fisherman sales price at Points de use of fishing re- De´barquement Ame´nage´s (PDA). sources. Volume sold at wholesale markets. Fish sale price. Average sales price. Volume of sales among mobile fish vendors.

Artisan and Fez Medina .. $111,873,858 Increase value added to $315,994 Average revenue of potters receiving Artisan Pro- tourism and artisan duction Activity. sectors. Employment and wages among project graduates. Tourist arrivals. Artisan profits (artisans engaged in product fin- ishing and points of sale). Employment created. Small and Medium Enterprises (SME) value added.

Financial Services ...... $46,200,000 Increase supply and de- $6,498,275 Gross loan portfolio outstanding of microcredit as- crease costs of finan- sociations. cial services available Portfolio at risk >30 days ratio. to microenterprises. Operating expense ratio.

Enterprise Support ...... $33,850,000 Improved survival rate of $949,985 Average annual sales of participating businesses. new SMEs and INDH- Survival rate of participating businesses. funded income gener- ating activities; in- creased revenue for new SMEs and INDH- funded income gener- ating activities.

Program Administration * $88,511,670 ...... $6,694,261 and Control, Monitoring and Evaluation.

Pending Subsequent Re- $0 ...... $173,509 port **.

Country: Tanzania Year: 2009 Quarter 4 Total Obligation: $698,136,000 Entity to which the assistance is provided: MCA Tanzania Total Quarterly Disbursement: $4,959,848

Energy Sector ...... $206,471,000 Increase value added to $1,741,033 New power customers. businesses. Energy generation—Kigoma. Transmission capacity. Percentage disbursed for design and supervision contract Consulting Engineer (CE) year 1 budg- eted.

Transport Sector ...... $372,776,000 Increase cash crop rev- $2,093,683 International roughness index (Tunduma, Tanga, enue and aggregate Nantumbo, Peramiho). visitor spending. Average annual daily traffic (Tunduma, Tanga, Nantumbo, Peramiho). Kilometers upgraded/completed (Tunduma, Tanga, Nantumbo, Peramiho). Percent disbursed on construction works (Tunduma, Tanga, Nantumbo, Peramiho).

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66695

ASSISTANCE PROVIDED UNDER SECTION 605—Continued

Cumulative dis- Projects Obligated Objective bursements Measures

Signed contracts for construction works (Tunduma, Tanga, Nantumbo, Peramiho). Percent disbursed for feasibility and/or design stud- ies (Tunduma, Tanga, Nantumbo, Peramiho). Signed contracts for feasibility and/or design stud- ies (Tunduma, Tanga, Nantumbo, Peramiho). Kilometers of roads under design (Tunduma, Tanga, Nantumbo, Peramiho). International roughness index (Zanzibar Rural Roads). Average annual daily traffic (Zanzibar Rural Roads). Kilometers upgraded/completed (Zanzibar Rural Roads). Percent disbursed on construction works (Zanzibar Rural Roads). Signed contracts for construction works (Zanzibar Rural Roads). Percent disbursed for feasibility and/or design stud- ies (Zanzibar Rural Roads). Signed contracts for feasibility and/or design stud- ies (Zanzibar Rural Roads). Kilometers of roads under design (Zanzibar Rural Roads). Passenger arrivals. Percentage of upgrade complete (airport). Percent disbursed on construction works (airport). Signed contracts for construction works (airport).

Water Sector Project ...... $66,335,000 Increase investment in $828,087 Prevalence of diarrhea (Dar es Salaam). human and physical Prevalence of diarrhea (Morogoro). capital and to reduce Prevalence of cholera (Dar es Salaam). the prevalence of Prevalence of cholera (Morogoro). water-related disease. Volume of individual water consumption (Dar es Salaam). Volume of individual water consumption (Morogoro). Number of households using improved source for drinking water (Dar es Salaam). Number of households using improved source for drinking water (Morogoro). Number of businesses using improved water source (Dar es Salaam). Number of businesses using improved water source (Morogoro). Volume of water produced (Lower Ruvu). Volume of water produced (Morogoro). Volume of non-revenue water (Dar es Salaam). Operations and maintenance cost recovery ratio (Dar es Salaam). Operations and maintenance cost recovery ratio (Morogoro). Percent disbursed on construction works. Signed contracts for construction works.

Program Administration * $52,554,000 ...... $3,046,283 and Control, Monitoring and Evaluation.

Pending Subsequent Re- ...... $206,197 port **.

Country: Burkina Faso Year: 2009 Quarter 4 Total Obligation: $478,943,569 Entity to which the assistance is provided: MCA Burkina Faso Total Quarterly Disbursement: $28,104,341

Roads Project ...... $194,130,681 Enhance access to mar- $0 To Be Determined (TBD). kets through invest- ments in the road net- work.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66696 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

ASSISTANCE PROVIDED UNDER SECTION 605—Continued

Cumulative dis- Projects Obligated Objective bursements Measures

Rural Land Governance $59,934,614 Increase investment in $191,878 TBD. Project. land and rural produc- tivity through improved land tenure security and land management.

Agriculture Development $141,910,059 Expand the productive $17,851 TBD. Project. use of land in order to increase the volume and value of agricul- tural production in project zones.

Bright 2 Schools Project .. $26,829,669 Increase primary school $26,829,669 TBD. completion rates.

Program Administration * $56,138,546 ...... $4,715,805 and Control, Monitoring and Evaluation.

Pending Subsequent Re- ...... $65,145 port **.

Country: Namibia Year: 2009 Quarter 4 Total Obligation: $304,477,816 Entity to which the assistance is provided: MCA Namibia Total Quarterly Disbursement: $1,591,979

Education Project ...... $144,976,558 Improve the enducation $0 To Be Determined (TBD). sector’s effectiveness, efficiency and quality.

Tourism Project ...... $66,959,291 Increase incomes and $0 TBD. create employment op- portunities by improv- ing the marketing, management and infra- structure of Etosha Na- tional Park.

Agriculture Project ...... $46,965,320 Sustainably improve the $0 TBD. economic performance and profitability of the livestock sector and in- crease the volume of the indigenous natural products for export.

Program Administration * $45,576,647 ...... $2,038,940 and Control, Monitoring and Evaluation.

Pending Subsequent Re- ...... $0 port **. * Program administration funds are used to pay items such as salaries, rent, and the cost of office equipment. ** These amounts represent disbursements made that will be allocated to individual projects in the subsequent quarter(s) and reported as such in subsequent quarterly report(s) * November 2008, MCC and the Georgian government signed a Compact amendment making up to $100 million of additional funds available to the Millennium Challenge Georgia Fund. These funds will be used to complete works in the Roads, Regional Infrastructure Development, and Energy Rehabilitation Projects contemplated by the original Compact. The amendment was ratified by the Georgian parliament and entered into force on January 30, 2009.

[FR Doc. E9–29952 Filed 12–15–09; 8:45 am] NATIONAL FOUNDATION ON THE given that seven meetings of the Arts BILLING CODE 9211–03–P ARTS AND THE HUMANITIES Advisory Panel to the National Council on the Arts will be held at the Nancy National Endowment for the Arts; Arts Hanks Center, 1100 Pennsylvania Advisory Panel Avenue, NW., Washington, DC 20506 as follows (ending times are approximate): Pursuant to Section 10(a)(2) of the State & Regional/Arts Education (State Federal Advisory Committee Act (Pub. Partnership Agreements review): L. 92–463), as amended, notice is hereby January 6–7, 2010 in Room 716. This

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66697

meeting, from 9 a.m. to 10:15 a.m. and NW., Washington, DC 20506, 202–682– plant trip occurred on October 2, 2009, from12:30 p.m. to 5:30 p.m. on January 5532, TTDY–TDD 202–682–5496, at due to failure of the main generator 6th and from 9 a.m. to 2:30 p.m. on least seven (7) days prior to the meeting. output breaker. The plant trip required January 7th, will be open. A policy Further information with reference to redirection of station resources to discussion will be held on January 7th these meetings can be obtained from Ms. respond to the forced outage and to from 11:30 a.m. to 12:30 p.m. Kathy Plowitz-Worden, Office of perform recovery activities. Since the Media Arts (application review): Guidelines & Panel Operations, National recovery efforts were a major January 11–13, 2010 in Room 730. This Endowment for the Arts, Washington, distraction, the decision was made to meeting, from 10 a.m. to 5:45 p.m. on DC 20506, or call 202–682–5691. postpone the exercise.’’ The licensee January 11th, from 9 a.m. to 6 p.m. on Dated: December 11, 2009. states that it did participate in the offsite January 12th, and from 9 a.m. to 4 p.m. Kathy Plowitz-Worden, portion of the exercise on October 7, on January 13th, will be closed. 2009, with Federal, state and local Folk and Traditional Arts/National Panel Coordinator, Panel Operations, National Endowment for the Arts. authorities. Since the scenario for the Heritage Fellowships (review of exercise would thus be known to the [FR Doc. E9–29859 Filed 12–15–09; 8:45 am] nominations): January 12–15, 2010 in licensee emergency response Room 716. This meeting, from 9 a.m. to BILLING CODE 7537–01–P organization (ERO) team members 6:30 p.m. on January 12th and 13th, designated for the offsite portion of the from 9 a.m. to 5:30 p.m. on January exercise, the scenario will require 14th, and from 9 a.m. to 3:30 p.m. on NUCLEAR REGULATORY modification for the forthcoming onsite January 15th, will be closed. COMMISSION portion of the exercise and a new ERO State & Regional (State Partnership [Docket No. 50–395; NRC–2009–0559] team will need to be selected to Agreements review): January 20–21, participate in the onsite portion of the 2010 in Room 716. This meeting, from South Carolina Electric and Gas biennial exercise. 9:30 a.m. to 6 p.m. on January 20th and Company, Virgil C. Summer Nuclear In summary, as a result of the impact from 9 a.m. to 4 p.m. on January 21st, Station, Unit 1, Environmental of the combined need to repair the will be open. A policy discussion is Assessment and Finding of No generator output breaker, an ongoing scheduled for January 21st at 2 p.m. Significant Impact extensive refueling outage, the State & Regional (Regional associated unavailability of key station Partnership Agreements review): The U.S. Nuclear Regulatory personnel and the need to perform January 21, 2010 in Room 716. This Commission (NRC) is considering activities to support the onsite portion meeting, from 4:30 p.m. to 5:30 p.m., issuance of an exemption pursuant to of the exercise, the licensee proposes to will be open. A policy discussion is Title 10 of the Code of Federal reschedule the onsite portion of the scheduled for 5:15 p.m. Regulations (10 CFR) Part 50, Section exercise for April 2010. State & Regional/Folk Arts (State 50.12, ‘‘Specific Exemptions,’’ for Partnership Agreements review): Facility Operating License No. NPF–12, Environmental Impacts of the Proposed January 22, 2010 in Room 716. This issued to South Carolina Electric & Gas Action meeting, from 9 a.m. to 5:30 p.m., will Company (the licensee), for operation of The underlying purpose of 10 CFR 50, be open. A policy discussion is the Virgil C. Summer Nuclear Station, Appendix E, Section IV.F.2.b, requiring scheduled from 4 p.m. to 5 p.m. Unit 1, located in Fairfield County, licensees to conduct a biennial exercise, American Masterpieces/Presenting South Carolina. Therefore, as required is to ensure that ERO personnel are (application review): January 25–26, by 10 CFR 51.21, the NRC performed an familiar with their duties and to test the 2010 in Room 716. This meeting, from environmental assessment. Based on the adequacy of emergency plans. In 9 a.m. to 5:30 p.m. on January 25th and results of the environmental assessment, addition, 10 CFR 50, Appendix E, from 9 a.m. to 2:45 p.m. on January the NRC is issuing a finding of no Section IV.F.2.b, also requires licensees 26th, will be closed. significant impact. to maintain adequate emergency The closed portions of meetings are Environmental Assessment response capabilities during the for the purpose of Panel review, intervals between biennial exercises by discussion, evaluation, and Identification of the Proposed Action conducting drills to exercise the recommendations on financial The proposed action would provide a principal functional areas of emergency assistance under the National one-time exemption to the requirements response. In order to accommodate the Foundation on the Arts and the of 10 CFR 50, Appendix E, ‘‘Emergency scheduling of full participation Humanities Act of 1965, as amended, Planning and Preparedness for exercises, the NRC has allowed including information given in Production and Utilization Facilities,’’ licensees to schedule the exercises at confidence to the agency. In accordance Section IV.F.2.b, to postpone the onsite any time during the calendar biennium. with the determination of the Chairman portion of the biennial emergency Conducting the VCSNS full- of November 10, 2009, these sessions preparedness exercise from calendar participation exercise in calendar year will be closed to the public pursuant to year 2009 until April 2010. 2010 places the exercise past the subsection (c)(6) of section 552b of Title The proposed action is in accordance previously scheduled biennial calendar 5, United States Code. with the licensee’s application dated year of 2009. Since the last biennial Any person may observe meetings, or October 15, 2009, as supplemented by exercise on October 2, 2007, the licensee portions thereof, of advisory panels that letter dated November 3, 2009. has conducted nine full-station are open to the public, and if time participation training drills to exercise allows, may be permitted to participate The Need for the Proposed Action these principal functional areas, in the panel’s discussions at the The licensee states that it has made a including an after-hours augmentation discretion of the panel chairman. If you good faith effort to comply with the drill. In addition, at the request of the need special accommodations due to a regulation in that the biennial exercise Federal Emergency Management Agency disability, please contact the Office of was previously scheduled to be (FEMA), the licensee supported the AccessAbility, National Endowment for performed on October 7, 2009. The State and local authorities with the the Arts, 1100 Pennsylvania Avenue, licensee further states that ‘‘However, a offsite portion of the biennial exercise

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66698 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

on October 7, 2009, thereby facilitating consulted with the South Carolina State Week of January 4, 2010 the FEMA evaluation of the State and official, Ms. Susan Jenkins of the South local authorities. The NRC staff Carolina Department of Health and Thursday, January 7, 2010 considers the intent of this requirement Environmental Control, regarding the 12:15 p.m. Affirmation Session (Public is met by having conducted these series environmental impact of the proposed Meeting) (Tentative). of training drills. action. The State official had no The NRC has completed its evaluation comments. a. PPL Bell Bend, LLC (Combined of the proposed action and concludes License Application for Bell Bend that it does not create new accident Finding of No Significant Impact Nuclear Power Plant), LBP–09–18 (Ruling on Standing and Contention precursors and that the probability and On the basis of the environmental consequences of postulated accidents assessment, the NRC concludes that the Admissibility) (Tentative). are not significantly increased. proposed action will not have a b. Shieldalloy Metallurgical Corp. The details of the staff’s safety significant effect on the quality of the (License Amendment Request for evaluation will be provided in the human environment. Accordingly, the Decommissioning the Newfield exemption that will be issued as part of NRC has determined not to prepare an Site), Shieldalloy’s Amended the letter to the licensee approving the environmental impact statement for the Motion for Stay Pending Judicial exemption to the regulation. proposed action. Review of Commission Action No changes are being made in the types of effluents that may be released For further details with respect to the Transferring Regulatory Authority offsite. There is no significant increase proposed action, see the licensee’s letter Over Newfield, New Jersey Site to in the amount of any effluent released dated October 15, 2009, as the State of New Jersey (Oct. 14, offsite. There is no significant increase supplemented by letter dated November 2009) (Tentative). in occupational or public radiation 3, 2009. Documents may be examined, * * * * * and/or copied for a fee, at the NRC’s exposure. Therefore, there are no * The schedule for Commission Public Document Room (PDR), located significant radiological environmental meetings is subject to change on short impacts associated with the proposed at One White Flint North, Room O1 F21, 11555 Rockville Pike (first floor), notice. To verify the status of meetings, action. call (recording)—(301) 415–1292. With regard to potential non- Rockville, Maryland. Publicly available Contact person for more information: radiological impacts, the proposed records will be accessible electronically action does not have any foreseeable from the Agencywide Documents Rochelle Bavol, (301) 415–1651. impacts to land, air, or water resources, Access and Management System * * * * * including impacts to biota. In addition, (ADAMS) Public Electronic Reading The NRC Commission Meeting there are also no known socioeconomic Room on the Internet at the NRC Web Schedule can be found on the Internet or environmental justice impacts site, http://www.nrc.gov/reading-rm/ at: http://www.nrc.gov/about-nrc/policy- associated with such proposed action. adams.html. Persons who do not have making/schedule.html. Therefore, there are no significant non- access to ADAMS or who encounter radiological environmental impacts problems in accessing the documents * * * * * associated with the proposed action. located in ADAMS should contact the The NRC provides reasonable Accordingly, the NRC concludes that NRC PDR Reference staff by telephone accommodation to individuals with there are no significant environmental at 1–800–397–4209 or 301–415–4737, or disabilities where appropriate. If you impacts associated with the proposed send an e-mail to [email protected]. need a reasonable accommodation to action. Dated at Rockville, Maryland, this 10th day participate in these public meetings, or Environmental Impacts of the of December 2009. need this meeting notice or the Alternatives to the Proposed Action For the Nuclear Regulatory Commission. transcript or other information from the Robert E. Martin, public meetings in another format (e.g. As an alternative to the proposed braille, large print), please notify the action, the staff considered denial of the Senior Project Manager, Plant Licensing NRC’s Disability Program Coordinator, proposed action (i.e., the ‘‘no-action’’ Branch 2–1, Division of Operating Reactor Rohn Brown, at 301–492–2279, TDD: alternative). Denial of the application Licensing, Office of Nuclear Reactor Regulation. 301–415–2100, or by e-mail at would result in no change in current environmental impacts. The [FR Doc. E9–29874 Filed 12–15–09; 8:45 am] [email protected]. Determinations on environmental impacts of the proposed BILLING CODE 7590–01–P requests for reasonable accommodation action and the alternative action are will be made on a case-by-case basis. similar. * * * * * NUCLEAR REGULATORY Alternative Use of Resources COMMISSION This notice is distributed electronically to subscribers. If you no The action does not involve the use of longer wish to receive it, or would like any different resources than those Sunshine Federal Register Notice to be added to the distribution, please previously considered in the Final Environmental Statement for the Virgil AGENCY HOLDING THE MEETINGS: Nuclear contact the Office of the Secretary, C. Summer Nuclear Station, Unit No. 1, Regulatory Commission. Washington, DC 20555 (301–415–1969), or send an e-mail to NUREG–0719, dated May 1981, and DATES: Week of January 4, 2010. Final Supplemental Environmental [email protected]. Impact Statement (NUREG–1437 PLACE: Commissioners’ Conference Dated: December 11, 2009. Room, 11555 Rockville Pike, Rockville, Supplement 15) dated February 2004. Kenneth R. Hart, Maryland. Agencies and Persons Consulted Office of the Secretary. STATUS: Public and Closed. In accordance with its stated policy, [FR Doc. E9–30012 Filed 12–14–09; 4:15 pm] on November 25, 2009, the staff ADDITIONAL ITEMS TO BE CONSIDERED: BILLING CODE 7590–01–P

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66699

SECURITIES AND EXCHANGE organized and has the capacity to carry stand-alone options exchange that will COMMISSION out the purposes of the Act and can operate under a separate exchange comply, and can enforce compliance by [Release No. 34–61152; File No. 10–191] license and have separate access rules, its members and persons associated separate governance, and a separate fee In the Matter of the Application of C2 with its members, with the provisions of schedule from that of CBOE. Unlike Options Exchange, Incorporated for the Act, the rules and regulations CBOE, which uses a hybrid model Registration as a National Securities thereunder, and the rules of the market structure, C2 will be an all- Exchange Findings, Opinion, and exchange. electronic marketplace and will not As discussed in greater detail below, Order of the Commission maintain a physical options trading the Commission finds that C2’s floor. CBOE filed its C2 proposal during December 10, 2009. application for exchange registration meets the requirements of the Act and a time of increasing consolidation I. Introduction the rules and regulations thereunder. among U.S. registered exchanges in On January 21, 2009, the Chicago Further, the Commission finds that the which exchange holding companies Board Options Exchange, Incorporated proposed rules of C2 are consistent with have sought to control multiple, (‘‘CBOE’’) submitted to the Securities Section 6 of the Act in that, among other separate exchange licenses in order to and Exchange Commission things, they are designed to: (1) Assure offer multiple and varied trading venues (‘‘Commission’’) an Application for fair representation of the Exchange’s to appeal to a broad array of market Registration as a National Securities members in the selection of its directors participants.11 The primary features of Exchange (‘‘Form 1’’) seeking and administration of its affairs and the C2 proposal, discussed in more registration under Section 6 of the provide that, among other things, one or detail in C2’s Form 1, are discussed Securities Exchange Act of 1934 1 (the more directors shall be representative of below. ‘‘Act’’) of a second national securities investors and not be associated with the exchange, referred to as C2 Options exchange, or with a broker or dealer;6 B. Corporate Structure of C2 Exchange, Incorporated (‘‘C2’’ or the (2) prevent fraudulent and manipulative 1. Ownership ‘‘Exchange’’). Notice of the application acts and practices, promote just and was published for comment in the equitable principles of trade, foster C2 will be a wholly-owned subsidiary Federal Register on March 3, 2009.2 The cooperation and coordination with of its parent company, CBOE. The C2 Commission received one comment persons engaged in regulating, clearing, governing documents explicitly state letter regarding the C2 Form 1.3 On settling, processing information with that CBOE owns 100% of the common December 8, 2009, C2 filed Amendment respect to, and facilitating transactions stock of C2 and that any sale, transfer, No. 1 to its Form 1.4 in securities, remove impediments to or assignment by CBOE of its ownership and perfect the mechanisms of a free II. Statutory Standards stake in C2 will not be permitted and open market and a national market without Commission approval pursuant 7 Under Sections 6(b) and 19(a) of the system; (3) not permit unfair to the rule filing procedures under 5 discrimination between customers, Act, the Commission shall by order Section 19 of the Act.12 CBOE, itself a issuers, or dealers;8 and (4) protect grant an application for registration as a self-regulatory organization (‘‘SRO’’), national securities exchange if it finds investors and the public interest.9 Finally, the Commission finds that the will therefore own C2, which will be a that the proposed exchange is so 13 proposed rules of C2 do not impose any separate SRO. 1 15 U.S.C. 78f. burden on competition not necessary or While recent consolidation among 2 See Securities Exchange Act Release No. 59441 appropriate in furtherance of the U.S. exchanges has involved ownership (February 24, 2009), 74 FR 9322 (‘‘Notice’’). purposes of the Act.10 of multiple exchanges under a single 3 See E-mails from Bryan Rule, dated July 8, 2009 Overall, the Commission believes that and November 9, 2009. While the July holding company structure, that correspondence does not contain any substantive approving C2’s application for exchange structure is unavailable to CBOE, which comments on the Form 1 application, the November registration could confer important presently is structured as a mutually- correspondence asks the Commission not to benefits on the public and market held member-owned organization. approve C2’s application for registration until CBOE participants. In particular, C2 will CBOE has, however, proposed to ‘‘adequately disciplines its members for their large provide market participants with an number of SEC Firm Quote violations * * *.’’ Mr. demutualize, though its C2 proposal Rule asserted that ‘‘the new C2 Rules seek to additional venue for executing orders in diminish the public’s priority in option trading.’’ As standardized options and should 11 discussed further below, the Commission believes See, e.g., Securities Exchange Act Release Nos. increase competition between the 58179 (July 17, 2008), 73 FR 42874 (July 23, 2008) that C2’s proposed rules, including provisions options exchanges. Consequently, relating to order execution and priority, are (File No. SR–Phlx–2008–31) (approval order consistent with the Act. In addition, as a self- investors should benefit as markets concerning changes to the governing documents of regulatory organization, C2—as well as CBOE—is compete on service, price, and the Philadelphia Stock Exchange, Inc. in connection required to comply with the provisions of the Act execution. with its acquisition by The NASDAQ OMX Group, and the rules and regulations thereunder and Inc.); and 58673 (September 29, 2008), 73 FR 57707 enforce compliance with such provisions by its III. Discussion and Commission (October 3, 2008) (File Nos. SR–Amex–2008–62 and members. See 15 U.S.C. 78s(g). Findings SR–NYSE–2008–60) (approval order concerning the 4 In Amendment No. 1, CBOE modified its acquisition of the American Stock Exchange LLC by application by: Revising Exhibits C and D to reflect A. Background NYSE Euronext). the removal of entities that do not qualify as 12 See Article Fourth of the Certificate of affiliates and to provide more current financial CBOE, a national securities exchange Incorporation of C2 (‘‘C2 Certificate of information; revising its proposed Bylaws to clarify registered under Section 6 of the Act, Incorporation’’). See also 15 U.S.C. 78s. an inconsistency in Section 3.1; revising Exhibit J has proposed the formation of C2 as a 13 The acquisition of the American Stock to reflect current information; and revising and Exchange LLC (‘‘Amex’’) by the National clarifying the operation of certain proposed rules. Association of Securities Dealers, Inc. (‘‘NASD’’) in 6 See 15 U.S.C. 78f(b)(3). The changes proposed in Amendment No. 1 either 1998 involved a similar corporate structure. See 7 are not material or are otherwise responsive to the See 15 U.S.C. 78f(b)(5). Securities Exchange Act Release No. 40622 (October concerns of the Commission. 8 See id. 30, 1998), 63 FR 59819 (November 5, 1998) (File 5 15 U.S.C. 78f(b) and 15 U.S.C. 78s(a), 9 See id. Nos. SR–Amex–98–32; SR–NASD–98–56; and SR– respectively. 10 See 15 U.S.C. 78f(b)(8). NASD–98–67) (approval order).

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66700 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

precedes its efforts to effectuate its the Act and to comply and enforce of the number of Industry Directors 22 planned demutualization.14 compliance by its members and persons (excluding the CEO from the calculation The Commission notes that, while C2 associated with its members with all of Industry Directors for such purpose); will be responsible for complying with applicable rules and regulations. C2’s • At all times, at least one Non- the legal obligations that govern an proposed ownership by CBOE, coupled Industry Director will qualify as a Non- exchange, CBOE, in its capacity as the with the explicit restriction on any Industry Director other than by parent company with a controlling indirect or direct transfer of such operation of the limited exceptions interest in C2, also will be responsible control by CBOE, should minimize the provided for ‘‘outside directors’’ under for ensuring that C2 meets its potential that any person could interfere the definition of ‘‘Industry Director’’ obligations as an SRO. In this respect, with or restrict the ability of C2, CBOE, and will have no material business CBOE has adopted a rule to reflect and or the Commission to effectively carry relationship with a broker or dealer, an codify CBOE’s ultimate responsibility to out their respective regulatory oversight entity that is affiliated with a broker- ensure that C2 meets its statutory responsibilities. Further, the dealer, or the Exchange or any of its obligations as an SRO.15 Among other Commission notes that CBOE has affiliates;23 • things, CBOE’s policy with respect to C2 undertaken to ensure and maintain the The number of Industry Directors represents that CBOE will ensure that regulatory independence of C2 to enable will equal or exceed 30% of the Board;24 necessary and appropriate resources are and C2 to operate in a manner that complies • available to C2 so that it can meet the with the Federal securities laws, At least 20% of the directors on the evolving demands of operating a including the objectives of Sections 6(b) Board will be nominated (or otherwise regulatory and supervisory compliance and 19(g) of the Act.16 selected by a petition of C2 members) by program. Further, in discharging this the Industry-Director Subcommittee of responsibility, CBOE’s policy states it 2. Governance 22 will exercise its powers and its As part of its Form 1 application, C2 C2’s Bylaws define ‘‘Industry Director’’ as a managerial influence to ensure that C2 director that: (i) Is a holder of a Trading Permit or submitted a proposed Certificate of otherwise subject to regulation by the Exchange; (ii) fulfills its self-regulatory obligations by Incorporation and Bylaws. In these is a broker-dealer or an officer, director or employee directing C2 to take action necessary to documents, among other things, C2 of a broker-dealer or has been in any such capacity within the prior three years; (iii) is, or was within effectuate its purposes and functions as establishes the composition of the a national securities exchange operating the prior three years, associated with an entity that Exchange’s board of directors and the is affiliated with a broker-dealer whose revenues pursuant to the Act, and ensuring that Exchange’s governance committees.17 account for a material portion of the consolidated C2 has and appropriately allocates such revenues of the entities with which the broker- financial, technological, technical, and a. The C2 Board of Directors dealer is affiliated; (iv) has a material ownership personnel resources as may be necessary interest in a broker-dealer and has investments in C2’s Board of Directors (‘‘Board’’) will broker-dealers that account for a material portion of or appropriate to meet its obligations be the governing body of C2 and will the director’s net worth; (v) has a consulting or under the Act. Finally, CBOE has employment relationship with or has provided possess all of the powers necessary for professional services to the Exchange or any of its committed to refrain from taking any the management of the business and action with respect to C2 that, to the affiliates or has had such a relationship or has affairs of the Exchange and the provided such services within the prior three years; best of its knowledge, would impede, execution of its responsibilities as an or (vi) provides, or has provided within the prior delay, obstruct, or conflict with efforts three years, professional or consulting services to a SRO, including regulating the business by C2 to carry out its SRO obligations broker-dealer, or to an entity with a 50% or greater conduct of Trading Permit Holders under the Act, and the rules and ownership interest in a broker-dealer whose (‘‘TPHs’’), imposing fees, and adopting revenues account for a material portion of the regulations thereunder. The and amending rules.18 C2 has proposed consolidated revenues of the entities with which Commission believes that CBOE’s policy the following Board composition the broker-dealer is affiliated, and the revenue from statement specifies the role and all such professional or consulting services requirements, which are comparable to responsibility of CBOE in the operation accounts for a material portion of either the those the Commission has approved for revenues received by the director or the revenues of C2. 19 received by the director’s firm or partnership. See The Commission believes that the other SROs: • id. proposed corporate structure of C2 is The Board will be composed of 23 C2’s Bylaws provide a limited exception such consistent with the Act and that C2 will between 11 and 23 directors (the exact that a director would not be deemed to be an be so organized and have the capacity number to be fixed from time to time by ‘‘Industry Director’’ solely because either (A) the to be able to carry out the purposes of the Board);20 person is or was within the prior three years an • outside director of a broker-dealer or an outside One director position will be held director of an entity that is affiliated with a broker- 14 CBOE’s planned demutualization has been by the Chief Executive Officer of C2 dealer, provided that the broker-dealer is not a noticed for comment but has not yet received (‘‘CEO’’); holder of a Trading Permit or otherwise subject to member approval. See Securities Exchange Act • regulation by the Exchange, or (B) the person is or Release No. 58425 (August 26, 2008), 73 FR 51652 The number of Non-Industry was within the prior three years associated with an (September 4, 2008) (File No. SR–CBOE–2008–88) Directors 21 will equal or exceed the sum entity that is affiliated with a broker-dealer whose (‘‘CBOE Demutualization Notice’’). revenues do not account for a material portion of 15 the consolidated revenues of the entities with See Securities Exchange Act Release Nos. 16 15 U.S.C. 78f(b) and 15 U.S.C. 78s(g), which the broker-dealer is affiliated, provided that 61140 (December 10, 2009) (File No. SR–CBOE– respectively. 2009–048) (approval order); and 60307 (July 15, the broker-dealer is not a holder of a Trading Permit 17 The governance structure of C2 is based 2009), 74 FR 36289 (July 22, 2009) (File No. SR– or otherwise subject to regulation by the Exchange. primarily upon the governance structure that CBOE CBOE–2009–048) (notice of filing). The policy At all times, however, at least one Non-Industry has proposed in connection with its adopted by CBOE is consistent with the resolution Director must qualify as a Non-Industry Director demutualization. See CBOE Demutualization of similar questions in the context of the NASD– exclusive of the exceptions provided for in the Notice, supra note 14, at 73 FR 51654. Amex combination referenced above. See Securities immediately preceding sentence and shall have no 18 Exchange Act Release Nos. 40622 (October 30, See C2 Bylaws Article III, Section 3.3. material business relationship with a broker or 1998), 63 FR 59819 (November 5, 1998) (File Nos. 19 See, e.g., Section 9 of the Limited Liability dealer or the Exchange or any of its affiliates. C2’s SR–Amex–98–32; SR–NASD–98–56; and SR– Company Agreement of The NASDAQ Stock Market Bylaws specify that the term ‘‘outside director’’ NASD–98–67) (approval order); and 40443 LLC (‘‘Nasdaq’’) and Article III of Nasdaq’s By- means a director of an entity who is not an (September 16, 1998), 63 FR 51108 (September 24, Laws. employee or officer (or any person occupying a 1998) (File No. SR–NASD–98–67) (notice of filing 20 See C2 Bylaws Article III, Section 3.1. similar status or performing similar functions) of of NASD’s policy with respect to its authority over 21 ‘‘Non-Industry Director’’ is defined as a person such entity. See id. the Amex). who is not an ‘‘Industry Director.’’ See id. 24 See id.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66701

the Nominating and Governance representation of C2 members in the Candidates who receive the most votes Committee (such directors are referred selection of C2’s directors and will be nominated as Representative to collectively as the ‘‘Representative administration of its affairs, C2 has Directors by the Nominating and Directors’’).25 committed to provide C2 members with Governance Committee.36 CBOE, as the The initial Board will be divided into the prompt opportunity to participate in sole shareholder of C2, has committed two classes. The initial term of the Class the selection of Representative to elect the candidates nominated by the I and II directors will end with the Directors, thereby satisfying the Nominating and Governance Committee annual stockholders meeting to be held compositional requirements for the as Representative Directors.37 by the Exchange in 2009 and 2010, Board contained in the C2 Bylaws.30 The Commission believes that the respectively. Thereafter, directors will The Nominating and Governance requirement in the C2 Bylaws that 20% serve two-year terms ending on the Committee will nominate individuals of directors be Representative Directors, second annual meeting following the for election as directors of the Board together with the process by which such meeting at which such directors were subsequent to the initial Board election directors are to be nominated and elected. Class I directors will initially process set forth above.31 The Board elected, provides for the fair consist of the Chief Executive Officer, will appoint the initial Nominating and representation of members in the five Non-Industry Directors, and five Governance Committee and thereafter selection of directors and the Industry Directors (two of whom will be the Nominating and Governance administration of C2 in a manner Representative Directors). Class II Committee members will recommend consistent with the requirement in directors will initially consist of seven their successors for approval by the Section 6(b)(3) of the Act.38 As the Non-Industry Directors and five Board. Commission has previously noted in the Industry Directors (three of whom will The Industry-Director context of other exchange governance be Representative Directors).26 All Subcommittee 32 of the Nominating and proposals, this requirement helps to directors will continue in office until Governance Committee will recommend ensure that an exchange’s members have their successors are elected or appointed candidates to the Nominating and a voice in the governing body of the and qualified, except in the event of Governance Committee for each new or exchange and the corresponding their earlier death, resignation, or vacant Representative Director position exercise by the exchange of its self- 33 removal.27 on the Board. Alternate candidates for regulatory authority, and that the In addition, within 45 days from the Representative Director positions may exchange is administered in a way that date on which trading commences on be nominated by TPHs pursuant to a is equitable to all who trade on its C2, the Industry-Director Subcommittee petition process.34 If no candidates are market or through its facilities.39 will issue a circular to TPHs identifying nominated pursuant to a petition In addition, the requirement that the a slate of Representative Director process, then the Nominating and number of Non-Industry Directors equal nominees.28 TPHs will thereafter be able Governance Committee is bound to or exceed the number of Industry to file petitions for the nomination of accept and nominate the Representative Directors on the Board is designed to alternate Representative Directors. In Director nominees recommended by the assure the inclusion of a significant non- the event of a contested election, a run- Industry-Director Subcommittee. If a industry presence in the governance of off election will be held prior to the petition process produces additional the Exchange, which the Commission initial Board election. The Commission candidates, then the candidates believes is a critical element in an notes that because CBOE intends to seed nominated pursuant to a petition exchange’s ability to protect the public the initial C2 Board with members of process, together with those nominated interest.40 Further, the Commission CBOE’s current board of directors, the by the Industry-Director Subcommittee, notes that at all times at least one Non- Representative Directors on C2’s initial will be presented to TPHs in a contested Industry Director will qualify as not an election to determine the final slate of ‘‘Industry Director’’ without using the Board will have been subject to CBOE 35 member input. As C2’s initial permit nominees for Representative Director. limited exceptions provided for ‘‘outside directors’’ under the definition holders will likely consist substantially 30 of CBOE members,29 the Commission See C2 Bylaws Article III, Section 3.2. of ‘‘Industry Director’’ and will have no 31 See C2 Bylaws Article III, Section 4.5. The believes C2’s initial Board will provide Nominating and Governance Committee will be member representation sufficient to comprised of at least seven directors and will at all however, that no holder of Trading Permits, either allow the Exchange to commence times have a majority of directors that are Non- alone or together with its affiliates, may account for more than 20% of the votes cast for a candidate, operations. However, to assure a fair Industry Directors. See id. 32 The Industry-Director Subcommittee will and any votes cast by a holder of Trading Permits, consist of all of the Industry Directors then serving either alone or together with its affiliates, in excess 25 Only persons who are nominated by the on the Nominating and Governance Committee. See of this 20% limitation will be disregarded. See id. Nominating and Governance Committee as C2 Bylaws Article III, Section 3.2. 36 See id. Representative Directors will be eligible for election 33 The Industry-Director Subcommittee will 37 CBOE, as sole shareholder of C2, has entered as Representative Directors and the Nominating and provide a mechanism for TPHs to provide input to into a voting agreement with C2 with respect to the Governance Committee is bound to accept and the Industry-Director Subcommittee with respect to election by CBOE of the Representative Directors nominate the Representative Director nominees open Representative Director positions. Once whereby CBOE has agreed to vote in favor of those recommended by the Industry-Director selected, the Industry-Director Subcommittee will individuals nominated by C2’s Nominating and Subcommittee, provided that the Representative issue a circular to TPHs identifying the Governance Committee for election as Director nominees are not opposed by a petition Representative Director nominees selected by the Representative Directors of C2. candidate. If such Representative Director nominees committee. See C2 Bylaws Article III, Section 3.2. 38 15 U.S.C. 78f(b)(3). are opposed by a petition candidate then the 34 See C2 Bylaws Article III, Section 3.2. TPHs 39 See, e.g., Securities Exchange Act Release Nos. Nominating and Governance Committee is bound to may nominate alternative candidates for election to 53128 (January 13, 2006), 71 FR 3550, 3553 (January accept and nominate the Representative Director the Representative Director positions to be elected 23, 2006) (File No. 10–131) (‘‘Nasdaq Exchange nominees who receive the most votes pursuant to in a given year by submitting a petition signed by Registration Order’’); 53382 (February 27, 2006), 71 a run-off election. See C2 Bylaws Article III, Section individuals representing not less than 10% of the FR 11251, 11259 (March 6, 2006) (File No. SR– 3.2. total outstanding Trading Permits at that time. See NYSE–2005–77) (‘‘NYSE/Archipelago Merger 26 See C2 Bylaws Article III, Section 3.1. and id. Approval Order’’); and 58375 (August 18, 2008), 73 Amendment No. 1. 35 See C2 Bylaws Article III, Section 3.2. Each FR 49498, 49501 (August 21, 2008) (File No. 10– 27 See C2 Bylaws Article III, Section 3.1. TPH will have one vote with respect to each 182) (‘‘BATS Exchange Registration Order’’). 28 See C2 Bylaws Article III, Section 3.2. Trading Permit held for each Representative 40 See, e.g., Nasdaq Exchange Registration Order, 29 See infra Section III.C.1.a (TPH Access). Director position to be filled that year; provided, supra note 39, at 71 FR 3553.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66702 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

material business relationship with a Committee; 48 and Nominating and C2 has not proposed to be a party to broker or dealer, an entity that is Governance Committee.49 The Board any regulatory services agreements or affiliated with a broker-dealer, or the will appoint the initial members of the bilateral plans for the allocation of Exchange or any of its affiliates.41 In Nominating and Governance regulatory responsibilities pursuant to other words, at least one of C2’s Committee, and thereafter the Rule 17d–2 of the Act, though it will directors will not have any association Nominating and Governance Committee become a party to the existing with C2, a member of C2, or a broker or will promptly act to recommend multiparty options 17d–2 plans dealer, consistent with Section 6(b)(3) of candidates for the other committees of concerning sales practice regulation and the Act.42 the Board. Members of the standing market surveillance.54 The Commission believes that non- committees will not be subject to C2 proposes to use ‘‘dual hat’’ industry directors help ensure that no removal except by the Board.50 The employees to staff its regulatory single group of market participants has Commission believes that C2’s proposed program. In other words, current CBOE the ability to unfairly disadvantage committees, which are similar to the employees will also serve in a similar other market participants through the committees maintained by other capacity for C2. Similar to other exchange governance process. Non- exchanges,51 are designed to enable C2 exchanges, C2 has proposed a industry directors can provide unique to carry out its responsibilities under requirement that confidential and unbiased perspectives, which the Act and are consistent with the Act. information (e.g., disciplinary matters, should enhance the ability of the Board trading data, trading practices, and audit to address issues in a non- C. Regulation of C2 information) pertaining to the self- discriminatory fashion and As a prerequisite for the regulatory function of C2 will be consequently support the integrity of Commission’s approval of an exchange’s retained in confidence by C2 and its C2’s governance.43 Accordingly, the application for registration, an exchange officers, directors, employees, and Commission finds that C2’s proposed must be organized and have the capacity agents.55 Board satisfies the requirements in to carry out the purposes of the Act.52 As discussed further below, the Section 6(b)(3) of the Act,44 which Specifically, an exchange must be able Commission believes that C2’s requires that one or more directors be to enforce compliance by its members, application for registration describes a representative of issuers and investors and persons associated with its market structure that is designed to and not be associated with a member of members, with the Federal securities provide for sufficient regulatory the exchange, or with a broker or dealer. laws and the rules of the exchange.53 oversight of C2 members and the operation of C2 as an SRO, as required b. C2 Exchange Committees approval by the Board. The exact number of by the Act. The Commission notes that C2 has proposed to establish the Compensation Committee members will be C2 will have the statutory authority and determined from time to time by the Board. The following standing committees of the Chairman of the Compensation Committee will be responsibility to, among other things, 45 Board: Executive Committee; Audit recommended by the Nominating and Governance discipline its members, amend its Committee; 46 Compensation Committee for approval by the Board. Bylaws and rules, list and delist Committee; 47 Regulatory Oversight 48 See C2 Bylaws, Article IV, Section 4.6. The securities, and grant or deny Regulatory Oversight Committee will consist of at membership in C2. Further, the 41 least four directors, all of whom will be Non- See C2 Bylaws Article III, Section 3.1. Industry Directors and all of whom will be Commission believes that the use of 42 15 U.S.C. 78f(b)(3). recommended by the Non-Industry Directors on the ‘‘dual hat’’ employees by C2 is 43 See, e.g., Nasdaq Exchange Registration Order, Nominating and Governance Committee for appropriate, as the operations, rules, supra note 39, at 71 FR 3553; and NYSE/ approval by the Board. The exact number of Archipelago Merger Approval Order, supra note 39, Regulatory Oversight Committee members will be and management of CBOE and C2 will at 71 FR 11261. determined from time to time by the Board. The overlap to a considerable degree such 44 15 U.S.C. 78f(b)(3). Chairman of the Regulatory Oversight Committee that C2 should benefit by leveraging the 45 See C2 Bylaws, Article IV, Section 4.2. The will be recommended by the Non-Industry Directors experience of current CBOE staff. Executive Committee will include the Chairman of of the Nominating and Governance Committee for the Board, the Chief Executive Officer (if a director), approval by the Board. However, the Commission expects both the Vice Chairman of the Board, the Lead Director, 49 See C2 Bylaws, Article IV, Section 4.5. The CBOE and C2 to monitor the workload if any, at least one Representative Director and such Nominating and Governance Committee will of their dual hat employees and other number of directors that the Board deems consist of at least seven directors, including both supplement their staffs if necessary so appropriate, provided that in no event will the Industry Directors and Non-Industry Directors, and number of Non-Industry Directors constitute less will at all times have a majority of directors that are that C2 maintains sufficient personnel than the number of Industry Directors serving on Non-Industry Directors. All members of the to allow it to carry out the purposes of the Executive Committee (excluding the Chief committee, except for the initial members of the the Act and enforce compliance with Executive Officer from the calculation of Industry committee (appointed to the committee in the rules of C2 and the Federal Directors for such purpose). Members of the accordance with Section 4.1 of the Bylaws), will be Executive Committee (other than those specified in recommended by the Nominating and Governance securities laws. the immediately preceding sentence) will be Committee for approval by the Board. The exact recommended by the Nominating and Governance number of Nominating and Governance Committee 54 See Securities Exchange Act Release Nos. Committee for approval by the Board. members will be determined from time to time by 57987 (June 18, 2008), 73 FR 36156 (June 25, 2008) 46 See C2 Bylaws, Article IV, Section 4.3. The the Board. The Chairman of the Nominating and (File No. S7–966) (notice of filing and order Audit Committee will consist of at least three Governance Committee will be recommended by approving and declaring effective an amendment to directors, all of whom will be Non-Industry the Nominating and Governance Committee for the multiparty 17d–2 plan concerning options- Directors and all of whom will be recommended by approval by the Board. Subject to Section 3.2 and related sales practice matters); and 58765 (October the Nominating and Governance Committee for Section 3.5 of the Bylaws, the Nominating and 9, 2008), 73 FR 62344 (October 20, 2008) (File No. approval by the Board. The exact number of Audit Governance Committee will have the authority to 4–551) (notice of filing and order approving and Committee members will be determined from time nominate individuals for election as directors of the declaring effective an amendment to the multiparty to time by the Board. The Chairman of the Audit Corporation. 17d–2 plan concerning options-related market Committee will be recommended by the 50 See, e.g., C2 Bylaws, Article IV, Section 4.5. surveillance). See also infra Section III.C.3 Nominating and Governance Committee for 51 See BATS Exchange Registration Order, supra (Multiparty 17d–2 Agreements); and 17 CFR approval by the Board. note 39, at 73 FR 49501; and Nasdaq Exchange 240.17d–2. 47 See C2 Bylaws, Article IV, Section 4.4. The Registration Order, supra note 39, at 71 FR 3554. 55 See Article Eleventh of the C2 Certificate of Compensation Committee will consist of at least 52 See Section 6(b)(1) of the Act, 15 U.S.C. Incorporation. See also, e.g., Article VII of the three directors, all of whom will be Non-Industry 78f(b)(1). Second Amended and Restated Operating Directors and all of whom will be recommended by 53 See id. See also Section 19(g) of the Act, 15 Agreement of the New York Stock Exchange LLC the Nominating and Governance Committee for U.S.C. 78s(g). (containing a similar provision).

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66703

1. Membership and Access membership in another options must independently determine if an a. TPH Access exchange that is registered under the applicant satisfies the standards set Act and that is not registered solely forth in the Act, regardless of whether Membership on C2 will be available under Section 6(g) of the Act.65 an applicant is a member of another to any registered broker or dealer that The Exchange will receive and review SRO (e.g., CBOE).74 meets the standards for membership set all trading permit applications, and will b. Non-TPH Access forth in Chapter 3 of C2’s proposed provide to the applicant written notice rules.56 Members will access C2 through of the Exchange’s determination, C2 proposes to permit access to non- trading permits, which will not convey specifying in the case of disapproval of TPH ‘‘Sponsored Users’’ whose access is any ownership interest in the Exchange an application the grounds thereof.66 authorized in advance by a TPH but will confer the ability to transact on The Exchange also will register and (‘‘Sponsoring Participant’’).75 C2’s the Exchange. There is no limit on the qualify associated persons of permit proposed ‘‘Sponsored Users’’ rule is number of permits that C2 is authorized holders.67 Once an applicant becomes a similar to rules of other SROs that 57 to issue. Permits will not be TPH or a person associated with a TPH, provide for sponsored access.76 transferable except in the event of a it must continue to satisfy all of the Specifically, the Sponsoring Participant change in control of a TPH, subject to qualifications set forth in the C2 rules.68 must agree to be responsible for all 58 meeting certain criteria. There will be When the Exchange has reason to orders entered into on C2 by the two types of TPHs: (1) Market makers believe that a member or associated Sponsored User. In addition, Sponsored with certain affirmative and negative person or a member fails to meet such Users must agree to comply with all 59 obligations and (2) regular TPHs. qualifications, the Exchange may applicable rules of C2 governing the Each CBOE member in good standing suspend or revoke such person’s entry, execution, reporting, clearing, will be eligible to obtain one trading membership or association.69 Appeals and settling of orders in securities permit on C2 regardless of the number from any denial, suspension, or eligible for trading on C2 and the of seats owned by that CBOE member.60 conditional approval will be heard Sponsored User must agree that it will CBOE member applicants will not be pursuant to the appeals process be bound by and comply with the required to submit a full application for specified in Chapter 19.70 Exchange’s rules as if the Sponsored membership on C2, but rather will only The Commission finds that C2’s User were a Permit Holder.77 Sponsored need to complete selected forms membership rules are consistent with Participants will also be required by C2 concerning their election to trade on C2, Section 6 of the Act,71 including Section rules to enter into a ‘‘Sponsored User consent to C2’s jurisdiction, and other 6(b)(2) of the Act 72 in particular, which Agreement’’ with their Sponsoring operational matters.61 This waive-in requires that a national securities Permit Holder setting forth the process is similar to arrangements in exchange have rules that provide that obligations of both parties. place at other SROs.62 Non-CBOE members could apply for a any registered broker or dealer or c. Linkage natural person associated with such C2 trading permit by submitting a full C2 intends to become a participant in broker or dealer may become a member application to the Exchange in a manner the Plan Relating to Options Order and any person may become associated similar to the current process for firms Protection and Locked/Crossed Markets applying to membership on CBOE.63 C2 with an exchange member. The or any successor plan (‘‘Linkage will establish, and will distribute via Commission notes that pursuant to 78 73 Plan’’). If admitted as a participant to regulatory circular, procedures that Section 6(c) of the Act, an exchange the Linkage Plan, other plan outline submission deadlines and must deny membership to any person, participants (including CBOE) would be payment of any applicable application other than a natural person, that is not able to send orders to C2 in accordance fees.64 Pursuant to C2’s rules, every a registered broker or dealer, any natural with the terms of the Linkage Plan. applicant must have and maintain person that is not, or is not associated C2 will incorporate by reference the with, a registered broker or dealer, and Intermarket Linkage rules contained in 56 See C2 Rule 3.1(b). If a TPH intends to transact registered broker-dealers that do not Section E of Chapter VI of CBOE’s business with the public, it will be required to satisfy certain standards, such as rulebook, as such rules may be in effect obtain approval pursuant to C2 Rule 9.1 or must financial responsibility or operational from time to time. Accordingly, C2’s have been previously approved to transact business capacity. As a registered exchange, C2 with the public by another national securities proposed Linkage rules will include exchange. See id. relevant definitions, establish the 57 While C2 does not anticipate reaching any 65 See C2 Rule 3.1(c)(2)(G). conditions pursuant to which members 66 capacity limits, it has proposed a rule that will See C2 Rule 3.1(c)(2)(E) and (F). The Exchange may enter Linkage orders, impose allow C2, in the event of a capacity restriction, to also could condition an applicant’s approval for the limit access to new market makers pursuant to a reasons specified in C2 Rule 3.2. obligations on the Exchange regarding filing with the Commission. See C2 Rule 8.1(c). 67 See C2 Rules 3.3 and 3.4. See also Amendment how it must process incoming Linkage This proposed rule is similar to a rule of Nasdaq. No. 1. See Nasdaq Rule Chapter VII, Section 2(c). 68 See C2 Rule 3.2(c)(1). 74 See, e.g., BATS Exchange Registration Order, 58 See C2 Rule 3.1(d). 69 See, e.g., C2 Rule 3.2 (Denial of and Conditions supra note 39, at 73 FR 49502; and Nasdaq 59 See C2 Rules 3.1 and 8.1. See also Exhibit E to Being a Permit Holder or an Associated Person); Exchange Registration Order, supra note 39, at 71 to C2’s Form 1 (describing the operation of the 3.4 (Qualification and Registration); and 3.5 (Permit FR 3555. proposed Exchange). Holders and Persons Associated with a Permit 75 See C2 Rule 3.15. 60 See C2 Rule 3.1(c)(1). Holder Who Are or Become Subject to a Statutory 76 See, e.g., CBOE Rule 6.20A (Sponsored Users). 61 See id. Disqualification). See also Amendment No. 1. 77 See C2 Rule 3.15(b)(1)(B)(iii). 70 62 See, e.g., Nasdaq Rule 1013(a)(5)(C) (containing See infra note 117 (regarding Chapter 19). C2’s 78 See Securities Exchange Act Release No. 60405 a similar expedited waive-in membership process Chapter 19 rules (Hearings and Review) incorporate (July 30, 2009), 74 FR 39362 (August 6, 2009) (File for members of the Financial Industry Regulatory by reference CBOE’s Chapter 19 rules and C2 No. 4–546) (order approving the national market Authority, Inc. (‘‘FINRA’’)). participants will be required to comply with CBOE system Plan Relating to Options Order Protection 63 See C2 Rule 3.1(c)(2). Chapter 19 rules, as such rules may be in effect and Locked/Crossed Markets Submitted by the 64 See id. The Commission notes that C2 will be from time to time, as if such rules were part of the Chicago Board Options Exchange, Incorporated, required to file any such proposed fees pursuant to C2 rules. International Securities Exchange, LLC, The Section 19(b) of the Act and Rule 19b–4 thereunder, 71 15 U.S.C. 78f. NASDAQ Stock Market LLC, NASDAQ OMX BX, 15 U.S.C. 78s(b) and 17 CFR 240.19b–4, 72 15 U.S.C. 78f(b)(2). Inc., NASDAQ OMX PHLX, Inc., NYSE Amex LLC, respectively. 73 15 U.S.C. 78f(c). and NYSE Arca, Inc.) (‘‘Linkage Plan’’).

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66704 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

orders, establish a general standard that oversight by the Exchange to monitor for barriers that are reasonably designed to members and the Exchange should continued compliance by market makers prevent the misuse of material, non- avoid trade-throughs, establish potential with the terms of their application for public information.91 regulatory liability for members that such status. The Commission notes that The Commission notes that market engage in a pattern or practice of trading C2’s proposed market maker registration makers receive certain benefits for through other exchanges, and establish requirements are similar to those of carrying out their responsibilities.92 For obligations with respect to locked and other options exchanges.84 example, a lender may extend credit to crossed markets. a broker-dealer without regard to the ii. Market Maker Obligations The Commission believes that C2 has restrictions in Regulation T of the Board proposed rules that are designed to Pursuant to C2 rules, the transactions of Governors of the Federal Reserve comply with the requirements of the of a market maker in its market making System if the credit is used to finance Linkage Plan.79 Further, before C2 can capacity must constitute a course of the broker-dealer’s activities as a commence operations as an exchange, dealings reasonably calculated to specialist or market maker on a national C2 must become a participant in the contribute to the maintenance of a fair securities exchange.93 In addition, Linkage Plan. and orderly market.85 Among other market makers are excepted from the things, a market maker must: (1) prohibition in Section 11(a) of the Act.94 d. Market Makers Maintain a two-sided market on a The Commission believes that a market i. Registration of Market Makers continuous basis (defined as 99% of the maker must have sufficient affirmative A TPH may register with C2 as a time) in 60% of the series of each obligations, including the obligation to registered class that have a time to hold itself out as willing to buy and sell market maker by filing a written 86 application with C2, which will expiration of less than nine months; options for its own account on a regular consider an applicant’s market making (2) engage in dealings for their own or continuous basis, to justify this 95 ability and other factors it deems accounts when there is a lack of price favorable treatment. The Commission appropriate in determining whether to continuity, a temporary disparity further believes that the rules of all U.S. approve an applicant’s registration.80 between the supply of and demand for options markets need not provide the All market makers will be designated as a particular option contract, or a same standards for market maker specialists on C2 for all purposes under temporary distortion of the price participation, so long as they impose the Act and rules thereunder.81 C2 will relationships between options contracts affirmative obligations that are 96 not limit the number of qualifying of the same class; (3) compete with consistent with the Act. The entities that may become market other market makers; (4) update Commission believes that C2’s market makers.82 The good standing of a market quotations in response to changed maker participation requirements maker may be suspended, terminated, or market conditions; (5) maintain active impose sufficient affirmative obligations withdrawn if the conditions for markets; and (6) make markets that will on C2 market makers and, accordingly, be honored for the number of contacts that C2’s requirements are consistent approval cease to be maintained or if the 87 market maker violates any of its entered. C2 will impose an upper limit with the Act. In particular, the agreements with C2 or any provisions of on the aggregate number of market Commission notes that the Act does not the C2 rules.83 makers that may quote in each product mandate a particular market model for The Commission finds that C2’s (‘‘Class Quoting Limit’’ or ‘‘CQL’’). The exchanges, and while market makers proposed market maker qualifications CQL will be set at 50 market makers, may become an important source of and could be increased or decreased for liquidity on C2, they will likely not be requirements are consistent with the 88 Act. In particular, C2’s rules provide an an existing or new product. If C2 finds the only source as C2 is designed to objective process by which a TPH could any substantial or continued failure by match buying and selling interest of all 97 become a market maker on C2 and a market maker to engage in a course of participants on C2. The Commission provide for appropriate continued dealings as specified in Rule 8.5(a), then therefore believes that C2’s proposed such market maker will be subject to structure is consistent with the Act. 79 disciplinary action, suspension, or The Commission notes that it has approved 2. Regulatory Independence CBOE rules to accommodate the Linkage Plan. See revocation of registration in one or more Securities Exchange Act Release No. 60551 (August of the securities in which the market C2 has proposed several measures to 20, 2009), 74 FR 43196 (August 26, 2009) (File No. maker is registered.89 In addition, help ensure the independence of its SR–CBOE–2009–040). These amended rules will be incorporated by reference into C2’s rulebook. See market makers must maintain minimum C2 Rules Chapter 6, Section E (Intermarket net capital in accordance with 91 See C2 Rule 8.9. The Commission notes that, Linkage). See also infra Section IV (discussing the Commission and C2 rules.90 Market as with any rule of an exchange, C2 will be responsible, pursuant to Sections 6 and 19 of the Section 36 exemption). makers must also maintain information 80 See C2 Rule 8.1(a). In considering a TPH’s Act (15 U.S.C. 78f and 15 U.S.C. 78s, respectively), application for registration as a market maker on for enforcing compliance with Rule 8.9, which will 84 C2, the provision permitting the Exchange to See, e.g., Nasdaq Rules, Chapter VII, Sections require C2 to conduct periodic examinations of its consider ‘‘such other factors as the Exchange deems 2 and 4; Boston Options Exchange Rules, Chapter market maker members with this rule. appropriate’’ must be applied consistent with the VI, Section 2; and International Securities Exchange 92 See, e.g., Securities Exchange Act Release No. Act, including that the Exchange’s rules must not Rule 804. 57478 (March 12, 2008), 73 FR 14521, 14526 (March be unfairly discriminatory. 85 See C2 Rule 8.5(a). 18, 2008) (File No. SR–NASDAQ–2007–004) 81 See C2 Rule 8.1. 86 While not specified in the rule text, the (approval order concerning the establishment of the NASDAQ Options Market LLC (‘‘NOM’’)) (‘‘NOM 82 See C2 Rule 8.1(c). However, C2 may limit Commission notes that a market maker’s quote Approval Order’’) (discussing the benefits and access to the C2 system based on system would need to be represented by a size of at least obligations of market makers). constraints, capacity restrictions, or other factors 1 contract. 93 relevant to protecting the integrity of the system, 87 See C2 Rule 8.5(a) and Amendment No. 1. 12 CFR 221.5(c)(6). pending action required to address the issue of 88 See C2 Rule 8.11. Any such changes to the CQL 94 15 U.S.C. 78k(a). concern. To the extent that C2 places limitations on would be announced by C2 in an Information 95 See NOM Approval Order, supra note 92, at 73 access to the system on any TPH, such limits will Circular, and would be filed with the Commission FR 14526. be objectively determined and submitted to the pursuant to Section 19(b)(1) of the Act (15 U.S.C. 96 See id. Commission via a proposed rule change filed under 78s(b)). See C2 Rule 8.11(b) and (c). 97 See, e.g., NOM Approval Order, supra note 92, Section 19(b) of the Act. See id. 89 See C2 Rule 8.5(c). at 73 FR 14527 (discussing NOM’s single market 83 See C2 Rule 8.4(b). 90 See C2 Rule 8.4(a)(1). maker requirement).

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66705

regulatory function from its market 3. Multiparty 17d–2 Agreements examine firms that are common operations and other commercial Section 19(g)(1) of the Act 104 requires members of C2 and the particular interests. The regulatory operations of every SRO to examine its members and examining SRO for compliance with C2 will be monitored by the Regulatory persons associated with its members certain provisions of the Act, certain Oversight Committee (‘‘ROC’’). The ROC and to enforce compliance with the rules and regulations adopted will consist of at least four directors, all Federal securities laws and the SRO’s thereunder, and certain C2 rules. of whom will be Non-Industry Directors own rules, unless the SRO is relieved of 4. Discipline and Oversight of Members and all of whom will be recommended this responsibility pursuant to Section As noted above, one prerequisite for by the Non-Industry Directors on the 17(d) of the Act.105 Section 17(d) was Commission approval of an exchange’s Nominating and Governance Committee intended, in part, to eliminate for approval by the Board. The ROC unnecessary multiple examinations and application for registration is that a generally will be responsible for regulatory duplication with respect to proposed exchange must be organized monitoring the adequacy and members of more than one SRO and have the capacity to carry out the effectiveness of the Exchange’s (‘‘common members’’).106 Rule 17d–2 of purposes of the Act. Specifically, an regulatory program, assessing the the Act permits SROs to propose joint exchange must be able to enforce Exchange’s regulatory performance, and plans allocating regulatory compliance by its members and persons assisting the Board in reviewing the responsibilities concerning common associated with its members with Exchange’s regulatory plan and the members.107 These agreements, which Federal securities laws and the rules of 112 overall effectiveness of the Exchange’s must be filed with and approved by the the exchange. regulatory functions.98 Further, a Chief C2 proposed to incorporate by Commission, generally cover such 113 Regulatory Officer of the Exchange will regulatory functions as personnel reference Chapter 17 of the CBOE have general supervision over the registration and sales practices. rulebook relating to member discipline. 99 Exchange’s regulatory operations. In Commission approval of a 17d–2 plan As such, C2 members will be required addition, any revenues received by the relieves the specified SRO of those to comply with Chapter 17 of the CBOE Exchange from fees derived from its regulatory responsibilities allocated by rulebook as such rules may be in effect regulatory function or regulatory the plan to another SRO.108 Many SROs from time to time, as if such rules were penalties will not be used for non- have entered into 17d–2 agreements.109 part of the C2 rulebook. In addition, C2 100 regulatory purposes. C2 currently does not intend to enter proposes to use ‘‘dual hat’’ employees, The Commission continues to be into any bilateral 17d–2 agreements, but i.e., current CBOE employees who will concerned about the potential for unfair rather will retain direct responsibility also serve in a similar capacity for C2, competition and conflicts of interest for all aspects of its operations as an to administer its disciplinary and between an exchange’s self-regulatory SRO through the use of CBOE ‘‘dual oversight functions. These C2 obligations and its commercial interests hat’’ employees.110 C2 does, however, employees will, among other things, that could exist if an exchange were to plan to join the existing multiparty investigate potential securities laws otherwise become affiliated with one of agreements concerning intermarket violations, issue complaints, conduct its members, as well as the potential for options surveillance.111 Under these hearings, and issue disciplinary unfair competitive advantage that the agreements, the examining SROs will decisions pursuant to C2 rules.114 affiliated member could have by virtue Upon petition, appeals from of informational or operational 104 15 U.S.C. 78s(g)(1). disciplinary decisions rendered by C2 advantages, or the ability to receive 105 15 U.S.C. 78q(d). will be heard by the Board (or a 101 preferential treatment. To this end, 106 See Securities Exchange Act Release No. committee of the Board composed of at C2 Rule 3.2(f) provides that without the 12935 (October 28, 1976), 41 FR 49091 (November least three directors whose decision will prior approval of the Commission, C2 or 8, 1976) (‘‘Rule 17d–2 Adopting Release’’). need to be ratified by the Board) and the 107 any entity with which it is affiliated will 17 CFR 240.17d–2. Board’s decision will be final.115 In 108 See Rule 17d–2 Adopting Release, supra note not directly acquire or maintain an 106. addition, the Board may on its own ownership interest in a C2 member, and 109 See, e.g., Securities Exchange Act Release Nos. initiative order review of a disciplinary a C2 member will not be or become an 59218 (January 8, 2009), 74 FR 2143 (January 14, decision.116 affiliate of C2 or an affiliate of C2.102 2009) (File No. 4–575) (FINRA/Boston Stock Appeal of a denial, suspension, or The Commission believes that the Exchange, Inc.); 58818 (October 20, 2008), 73 FR 63752 (October 27, 2008) (File No. 4–569) (FINRA/ termination of a trading permit will be Exchange’s proposed provisions relating BATS Exchange, Inc.); 55755 (May 14, 2007), 72 FR heard by the Exchange’s Appeals to the regulatory independence of the 28057 (May 18, 2007) (File No. 4–536) (National Committee.117 Decisions of the Appeals Exchange are consistent with the Act, Association of Securities Dealers, Inc. (‘‘NASD’’) n/ k/a FINRA and CBOE concerning the CBOE Stock particularly with Section 6(b)(1), which 112 See 15 U.S.C. 78f(b)(1). Exchange); 55367 (February 27, 2007), 72 FR 9983 113 requires an exchange to be so organized (March 6, 2007) (File No. 4–529) (NASD/ See infra Section IV (discussing an exemption and have the capacity to carry out the International Securities Exchange, LLC); and 54136 from Section 19(b) of the Act for CBOE rules purposes of the Act.103 (July 12, 2006), 71 FR 40759 (July 18, 2006) (File incorporated by reference by C2). Citations to No. 4–517) (NASD/Nasdaq). incorporated CBOE rules herein are referred to as 110 See supra text accompanying note 55 ‘‘C2’’ rules. 98 See C2 Bylaws Article IV, Section 4.6. 114 (regarding dual hat employees). See C2 Rules 17.2—17.9. 99 See Cover letter accompanying Amendment 115 111 See Securities Exchange Act Release Nos. See C2 Rule 17.10(b). No. 1 (representing that, while not specified as an 57987 (June 18, 2008), 73 FR 36156 (June 25, 2008) 116 See C2 Rule 17.10(c). officer in the proposed Bylaws, C2 will have a Chief (File No. S7–966) (notice of filing and order 117 See C2 Rule 19.4. The Commission notes that Regulatory Officer). approving and declaring effective an amendment to C2’s Chapter 19 rules (Hearings and Review) 100 See C2 Rule 2.3 and Amendment No. 1. the multiparty 17d–2 plan concerning options- incorporate by reference CBOE’s Chapter 19 rules 101 See, e.g., NYSE/Archipelago Merger Approval related sales practice matters) and 58765 (October and C2 participants will be required to comply with Order, supra note 39, at 71 FR 11263. 9, 2008), 73 FR 62344 (October 20, 2008) (File No. CBOE Chapter 19 rules, as such rules may be in 102 See C2 Rule 3.2(f). The rule would not 4–551) (notice of filing and order approving and effect from time to time, as if such rules were part prohibit a TPH from acquiring an equity interest in declaring effective an amendment to the multiparty of the C2 rules. Further, the Commission notes that CBSX LLC and would not prohibit a TPH from 17d–2 plan concerning options-related market C2 will establish its own Appeals Committee that being affiliated with One Chicago, LLC under surveillance). See also Cover letter accompanying includes C2 participants. See Cover letter limited conditions. See id. Amendment No. 1 (representing that C2 intends to accompanying Amendment No. 1 (representing that 103 15 U.S.C. 78f(b)(1). join the options multiparty agreements). C2 will establish its own Appeals Committee).

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66706 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

Committee will be made in writing and quotes as well as orders to buy and sell After the open, trades on C2 will will be sent to the parties to the submitted to C2 electronically by users execute when a buy order/quote and a proceeding.118 The decisions of the (collectively, ‘‘Participants’’). There will sell order/quote match on C2’s order Appeals Committee will be subject to be no physical trading floor. book. All orders will be matched review by the Board, on its own motion, All orders/quotes submitted to C2 will according to one of two priority or upon written request by the aggrieved be displayed unless designated structures, as determined by C2 on a party, the President of C2, or by the otherwise by the Participant submitting class-by-class basis: (1) Price-time Chairman of the committee whose the order (e.g., the non-displayed priority or (2) pro-rata priority.132 In action was subject to the prior review of portion of a Reserve Order). The addition, public customer and/or market the Appeals Committee.119 The Board, Exchange has represented that any top- turner priority 133 overlays will also be or a committee of the Board, will have of-book feed (or comparable market data available at C2’s discretion on a series- sole discretion to grant or deny the feed) that it makes available to C2 by-series basis.134 In the event that less request.120 The Board, or a committee of members will also be made available to than the full size of an order is the Board, will conduct the review of other market participants.126 executed, the unexecuted portion of the the Appeals Committee’s decision and Non-displayed orders will not be order will continue to reside on C2’s the Board may affirm, reverse, or modify displayed to any Participants and will order book. The non-reserve portion of the Appeals Committee’s decision.121 not have time priority over displayed any partially-executed order will retain 127 C2 rules codify the Exchange’s orders. While orders will generally be priority at the same price. Regardless of disciplinary jurisdiction over its submitted on an anonymous basis, C2 the priority structure, Contingency members, thereby facilitating its ability will allow Participants on a voluntary Orders will be last in priority because to enforce its members’ compliance with basis to submit Attributable Orders, they are not displayed. its rules and the Federal securities which will display the firm’s identity C2 will limit a Participant’s ability to laws.122 The Exchange’s rules also along with the order to all market trade as principal with an order it 128 permit it to sanction members for participants simultaneously. In represents as agent, unless the agency violations of its rules and violations of addition, Participants will be able to order is first given the opportunity to the Federal securities laws by, among submit the following types of orders to interact with other trading interest on other things, expelling or suspending C2: Day; Good ‘til Canceled; the Exchange. Specifically, in order to members; limiting members’ activities, Contingency (including All-Or-None, trade as principal with an agency order functions, or operations; fining or Immediate Or Cancel, Market On Close, a Participant represents, either: (1) The censuring members; suspending or Fill Or Kill, Stop, and Reserve); and agency order is first exposed on C2 for barring a person from being associated Complex Orders (including Spreads, at least 1 second; 135 (2) the Participant with a member; or any other appropriate Combination, Straddle, Strangle, Ratio, has been bidding or offering for at least 123 Butterfly, Box/Roll, Collar and Risk sanction. 1 second prior to receiving an agency The Commission finds that C2’s Reversal).129 The Commission notes that order that is executable against its bid proposed disciplinary and oversight these order types are substantially or offer; or (3) the Participant uses the rules and structure are consistent with similar to the order types offered by Automated Improvement Mechanism or the requirements of Sections 6(b)(6) and CBOE.130 Solicitation Auction Mechanism.136 6(b)(7) of the Act 124 in that they provide The Commission believes that C2’s fair procedures for the disciplining of proposed order types are consistent encourage tighter, deeper, and more efficient members and persons associated with with the Act. Among other things, the markets.’’); and 57441 (March 6, 2008), 73 FR 13267 members. The Commission further finds Commission believes that C2’s proposed (March 12, 2008) (File No. SR–ISE–2007–95) that the proposed C2 rules are designed order types appropriately provide (noting the incentive for market participants to to provide the Exchange with the ability priority to displayed orders and display their trading interest in the context of reserve orders). to comply, and with the authority to portions of orders over non-displayed 132 Under pro rata priority, orders will be enforce compliance by its members and orders and portions of orders, thereby prioritized according to price. If there are two or persons associated with its members, encouraging the posting of displayed more orders at the best price then trades will be with the provisions of the Act, the rules orders, which contribute visible depth allocated proportionally according to size. See C2 131 Rule 6.12(a)(2). and regulations thereunder, and the to the displayed market. 133 125 C2 defines a ‘‘market turner’’ as a party that rules of C2. was the first to enter an order or quote at a better 126 See Cover letter accompanying Amendment D. The C2 Trading System price than the previous best disseminated Exchange No. 1 (representing that the Exchange will offer the price and the order/quote is continuously in the 1. Order Display, Execution, and data feed to all market participants). The Exchange market until it trades. The market turner priority at noted that it may adopt fees for non-member access a given price could only be established after the Priority to a C2 data feed. See id. The Commission notes opening rotation and would remain with the order C2 will operate a fully-automated that C2 would be required to file any such proposed once it is earned and last until the conclusion of fees pursuant to Section 19(b) of the Act and Rule electronic platform for trading the trading session. See C2 Rule 6.12(b)(2). 19b–4 thereunder, 15 U.S.C. 78s(b) and 17 CFR 134 C2 will issue a Regulatory Circular standardized options with a continuous, 240.19b–4, respectively. periodically that will specify which series are automated matching function. Liquidity 127 See C2 Rule 6.12(a). subject to these additional priorities, and will will be derived from market maker 128 NOM offers a similar attributable order type. update the Regulatory Circular any time it makes See NOM Approval Order, supra note 92, at 73 FR a change to any of the designated priorities. See C2 14528 (discussing NOM’s attributable order type). Rule 6.12(b). 118 See C2 Rule 19.4(e). 129 See C2 Rule 6.10 (Order Types Defined) for 135 All-or-none contingency orders on C2 will not 119 See C2 Rule 19.5(a). additional information on each order type. See also be deemed ‘‘exposed’’ for purposes of Rule 6.50. 120 See id. Amendment No. 1 (revising the definition of Ratio See C2 Rule 6.50(c) and Amendment No. 1. 121 See C2 Rule 19.5(b). Decisions concerning Order). 136 See C2 Rule 6.50. See also proposed C2 Rule denial of membership in an exchange are subject to 130 See CBOE Rules 6.53 and 6.53C. 1.1 (defining NBBO as the national best bid or review by the Commission. 131 See, e.g., Securities Exchange Act Release Nos. offer). For purposes of the order exposure 122 See generally C2 Rule 17.1. 37619A (September 6, 1996), 61 FR 48290, 48294 requirements contained in C2 Rule 6.50, all-or-none 123 See C2 Rule 17.11. (September 12, 2006) (File No. S7–30–95) (adopting orders are not deemed exposed. See C2 Rule 6.50(c). 124 15 U.S.C. 78f(b)(6) and (b)(7), respectively. Rule 11Ac1–4) (‘‘The Commission believes that The 1 second exposure period is consistent with the 125 See Section 6(b)(1) of the Act, 15 U.S.C. limit orders are a valuable component of price operation of the CBOE Hybrid System. See CBOE 78f(b)(1). discovery. The uniform display of such orders will Rule 6.45A Interpretations and Policies .01 and .02

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66707

C2 may offer a Simple Auction will last for 1 second.144 If the auction orders in the COB.152 In addition, C2 Liaison (‘‘SAL’’) system to auction attracts responses (which may be will offer an optional complex order eligible agency orders and provide the submitted by Participants),145 the auction that will allow orders, prior to opportunity for price improvement agency order will be allocated at the routing to the COB, to be auctioned for better than the NBBO.137 C2 would best price(s), and public customer price improvement through an designate the eligible order size, order orders in the book will have priority.146 automated request for response auction type, and origin code (i.e., public If the best price equals the initiating process, subject to certain conditions.153 customer, non-market maker broker- Participant’s single-price submission, C2’s complex order execution rule is dealer, or market maker order), and then the initiating Participant will be based on CBOE’s rule.154 classes in which SAL may be activated. allocated 40% of the order (or 50% in Finally, C2 has proposed a rule For classes in which SAL is activated, the case of a single price submission prohibiting trading on knowledge of SAL will automatically initiate an where only one other market maker imminent undisclosed solicited auction process for a non-contingency matches the price).147 C2’s proposed transactions, otherwise known as the order that is marketable against C2’s AIM is based on CBOE’s AIM rule.148 ‘‘anticipatory hedge’’ rule.155 Pursuant NBBO quote, except when C2’s C2’s Solicitation Auction Mechanism to this rule, it will be considered disseminated quote on the opposite side (‘‘SAM’’) is based on CBOE’s SAM.149 conduct inconsistent with just and does not contain sufficient market- The SAM will allow Participants to equitable principles of trade and a maker quotation size to satisfy the entire execute agency orders of 500 or more violation of Rule 4.1 for any Participant order. Prior to commencing an auction, contracts against solicited orders after a or person associated with a Participant, SAL would stop the order at the NBBO 1-second auction exposure. The orders who has knowledge of all material terms against the market maker quotes must be designated as all-or-none, and and conditions of an original order and displayed at the NBBO on the opposite the initiating Participant must signify a a solicited order, including a facilitation side. SAL auctions will last for a period single price at which it seeks to cross order, that matches the original order’s of time not to exceed 2 seconds. Auction the order. At the conclusion of the limit, the execution of which are responses could be submitted by any auction, the agency order will trade imminent, to enter, based on such 138 Participant. At the end of the auction, with the solicited order provided that knowledge, an order to buy or sell an the agency order will first be allocated the trade price of the agency order is option of the same class as an option against public customer interest at the equal to or better than C2’s best bid or that is the subject of the original order, best price. Any remaining balance of the offer.150 Further, if there are any public or an order to buy or sell the security agency order will then be allocated customer orders resting in the book on underlying such class, or an order to pursuant to the matching algorithm in buy or sell any related instrument until 139 the opposite side at the execution price effect for the class. with sufficient size to fill the agency either (i) all the terms and conditions of The Automated Improvement order, then the agency order will be the original order and any changes in Mechanism (‘‘AIM’’) will allow executed against the public customer the terms and conditions of the original Participants to cross an agency order interest and the solicited order will be order of which that member or they hold against principal interest or a cancelled. If the public customer order associated person has knowledge are solicited order provided that they first lacks sufficient size, then the agency disclosed to the trading crowd or (ii) the expose the agency order to a 1-second order and solicited order will be solicited trade can no longer reasonably auction.140 To be eligible for an AIM be considered imminent in view of the auction, at least three market makers cancelled. Likewise, if the auction generates a response at an improved passage of time since the solicitation. must be quoting in the applicable For the reasons discussed above, the series.141 If the agency order is greater price that contains sufficient size to fill the agency order, then the agency order Commission believes that C2’s proposed than 50 contracts, the Participant must display, execution, and priority rules stop the agency order at the NBBO (or will execute against the improved price and the solicited order will be the order’s limit price if better), and if 152 cancelled.151 See C2 Rule 6.13(b). See also C2 Rule 6.12(g) it is less than 50 contracts, the and Amendment No. 1 (regarding complex order Participant must stop the agency order C2 also will make available certain priority). Orders entered by any C2 market at the NBBO improved by one minimum additional order processing and participant also may rest in the COB. matching features. For example, C2 will 153 See C2 Rule 6.13(c). See also C2 Rule 6.12(g) increment (or the order’s limit price if and Amendment No. 1 (a complex order may be 142 better). When initiating an auction, a maintain a complex order book (‘‘COB’’) executed at a net debit or credit price without Participant submitting an agency orders that permits any C2 market participant giving priority to equivalent bids (offers) in the to AIM must either indicate a single- to enter complex orders into the COB to individual series legs that are represented in the automatically execute against System provided at least one leg of the order betters price at which it seeks to cross the order the best corresponding public customer bid (offer) or must indicate that it will match as marketable orders and quotes resting in in the system by at least one minimum trading principal the price and size of all the book or against other complex increment or, if COB or COA are activated for all auction responses.143 Request for market participants in the subject option class, a responses will then be sent to any 144 See id. $0.01 increment to be determined by C2 on a class- by-class basis); and C2 Rule 4.18 (prohibiting the 145 See C2 Rule 6.51(b)(1)(D) and Amendment No. Participant that has elected to receive misuse of material, nonpublic information as such 1. such requests, and the exposure period would be applicable in the context of preventing 146 See C2 Rule 6.51(b)(3) and Amendment No. 1. the disclosure of nonpublic information about a 147 See id. (regarding the 1 second exposure on the CBOE complex order auction). 148 See C2 Rule 6.51. See also CBOE Rule 6.74A. 154 Hybrid System). See CBOE Rule 6.53C. As on CBOE, on C2, a 149 See C2 Rule 6.52. See also CBOE Rule 6.74B. 137 See C2 Rule 6.14. C2’s SAL is based on member seeking to trade with its customer’s 150 CBOE’s SAL rule. See CBOE Rule 6.13A. See C2 Rule 6.52(b)(2)(A)(i). If the trade would complex order would be required to comply with take place at a price outside of the C2 best bid or C2 Rule 6.50(a), and a member seeking to cross its 138 See C2 Rule 6.14(b) and Amendment No. 1. offer, then the agency order and solicited order customer’s complex order with solicited orders 139 See C2 Rule 6.14. See also CBOE Rule 6.13A. would cancel. See id. would be required to comply with C2 Rule 6.50(b). 140 See C2 Rule 6.51. 151 See C2 Rule 6.52(b)(2)(A)(ii)–(iii). If the In addition, the complex order priority provision in 141 See C2 Rule 6.51(a)(4). response does not contain sufficient size, then the C2 Rule 6.12(g) will apply to complex orders. 142 See C2 Rule 6.51(a)(2) and (3). agency order will trade with the solicited order. See 155 See C2 Rule 6.55. See also Amendment No. 1 143 See C2 Rule 6.51(b)(1). id. (containing the proposed rule).

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66708 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

are consistent with the Act. In Commission believes that in most (ii) must transmit the order from off the particular, the Commission finds that circumstances trades that are executed exchange floor; (iii) may not participate the proposed rules are consistent with between parties should be honored. On in the execution of the transaction once Section 6(b)(5) of the Act,156 which, rare occasions, the price of the executed it has been transmitted to the member among other things, requires that the trade indicates an ‘‘obvious’’ or performing the execution;167 and (iv) rules of a national securities exchange ‘‘catastrophic’’ error may exist, with respect to an account over which be designed to promote just and suggesting that it is unlikely that the the member has investment discretion, equitable principles of trade, to foster parties to the trade had come to a neither the member nor its associated cooperation and coordination with meeting of the minds regarding the person may retain any compensation in persons engaged in regulating terms of the transaction. In the connection with effecting the transactions in securities, to remove Commission’s view, the determination transaction except as provided in the impediments to and perfect the of whether an error has occurred should Rule. mechanism of a free and open market be based on specific and objective In a letter to the Commission, C2 and a national market system and, in criteria and subject to specific and requests that the Commission concur general, to protect investors and the objective procedures.163 The with C2’s conclusion that Participants public interest, and to not permit unfair Commission believes that C2’s proposed that enter orders into C2 satisfy the discrimination between customers, obvious error rule provides clear and requirements of Rule 11a2–2(T).168 For issuers, or dealers. The Commission also objective standards and procedures for the reasons set forth below, the finds that the proposed rules are determining whether an obvious error Commission believes that Participants consistent with Section 6(b)(8) of the has occurred, is consistent with the Act, entering orders into C2 would satisfy Act,157 which requires that the rules of and is substantively the same as obvious the conditions of the Rule. an exchange not impose any burden on error rules previously approved by the The Rule’s first condition is that the competition that is not necessary or Commission for other exchanges.164 order be executed by an exchange appropriate in furtherance of the member who is unaffiliated with the 4. Section 11(a) of the Act purposes of the Act. In particular, the member initiating the order.169 The Commission believes that the proposed Section 11(a)(1) of the Act165 Commission has stated that this matching mechanisms should facilitate prohibits a member of a national requirement is satisfied when the prompt execution of orders, while securities exchange from effecting automated exchange facilities, such as providing Participants with an transactions on that exchange for its the C2 system, are used, as long as the opportunity to compete for exposed bids own account, the account of an design of these systems ensures that and offers.158 associated person, or an account over members do not possess any special or which it or its associated person 2. Opening unique trading advantages in handling exercises discretion (collectively, their orders after transmitting them to C2 will employ an opening process ‘‘covered accounts’’) unless an the exchange.170 C2 has represented that that is designed to match the greatest exception applies. Rule 11a2–2(T) under the design of the C2 system ensures that number of pending buy and sell the Act,166 known as the ‘‘effect versus no member has any special or unique 159 orders. Prior to opening a series, C2 execute’’ rule, provides exchange trading advantage in the handling of its will make available to all Participants members with an exemption from the orders after transmitting its orders to the expected opening price and size, Section 11(a)(1) prohibition. Rule 11a2– C2.171 Based on C2’s representation, the which should help attract additional 2(T) permits an exchange member, Commission believes that the C2 system orders that, in turn, could offset any subject to certain conditions, to effect 160 satisfies this requirement. imbalances at the open. After the transactions for covered accounts by Second, the Rule requires that orders start of trading in the underlying arranging for an unaffiliated member to for covered accounts be transmitted security, the Exchange will open each execute transactions on the exchange. from off the exchange floor.172 The C2 series at a price that executes the To comply with Rule 11a2–2(T)(a)(2)’s system receives orders electronically greatest amount of pre-opening interest conditions, a member: (i) May not be through remote terminals or computer- and that does not trade-through the affiliated with the executing member; 161 NBBO (if one exists). The 167 The member may, however, participate in Commission believes that C2’s opening respect to no bid series, C2’s rule provides that clearing and settling the transaction. See 1978 rules are designed to conduct the transactions in series quoted no bid and $0.05 or Release, infra note 173. opening on C2 in a fair and orderly less offer can be nullified provided, among other 168 See Letter from Angelo Evangelou, Assistant fashion and are consistent with the Act. things, that at least one strike price below (for calls) General Counsel, CBOE, to Elizabeth King, or above (for puts) in the same options class was Associate Director, Division of Trading and 3. Obvious and Catastrophic Errors quoted zero bid and $0.05 or less offer at the time Markets, Commission, dated October 16, 2009 (‘‘C2 of execution. ISE Rule 720 requires two such strikes 11(a) Letter’’). C2 proposed an obvious and below (for calls) or above (for puts). See Securities 169 17 CFR 240.11a2–2(T)(a)(2)(i). catastrophic error rule based on the Exchange Act Release No. 59548 (March 10, 2009), 170 See, e.g., NOM Approval Order, supra note 92, corresponding rule of the International 74 FR 11147 (March 16, 2009) (File No. SR–ISE– at note 269 (citing to the 1979 Release). In 2009–10) (notice of filing and immediate Securities Exchange, LLC.162 The considering the operation of automated execution effectiveness of proposed rule change to amend systems operated by an exchange, the Commission ISE’s obvious error rule). C2’s rule is similar to noted that while there is not an independent 156 15 U.S.C. 78f(b)(5). NYSE Arca Rule 6.87 (Obvious Errors and executing exchange member, the execution of an 157 15 U.S.C. 78f(b)(8). Catastrophic Errors) in that it only provides for one order is automatic once it has been transmitted into 158 See, e.g., Securities Exchange Act Release No. strike. See also CBOE Rule 6.25 (Nullification and the systems. Because the design of these systems 58088 (July 2, 2008), 73 FR 39747 (July 10, 2008) Adjustment of Equity Options Transactions). ensures that members do not possess any special or (File No. CBOE–2008–16) (order approving a 163 See NOM Approval Order, supra note 92, at unique trading advantages in handling their orders proposal to reduce certain order exposure times). 73 FR 14532. after transmitting them to the exchange, the 159 C2 will accept pre-opening orders. See C2 164 See, e.g., Securities Exchange Act Release No. Commission has stated that executions obtained Rule 6.11(a). 57398 (February 28, 2008), 73 FR 12240 (March 6, through these systems satisfy the independent 160 See C2 Rule 6.11(a) and Amendment No. 1. 2008) (File No. SR–ISE–2007–112) (order approving execution requirement of Rule 11a2–2(T). See 1979 161 See C2 Rule 6.11. amendments to ISE Rule 720). Release, infra note 173. 162 See C2 Rule 6.15 and Amendment No. 1. See 165 15 U.S.C. 78k(a)(1). 171 See C2 11(a) Letter, supra note 168. also International Stock Exchange Rule 720. With 166 17 CFR 240.11a2–2(T). 172 17 CFR 240.11a2–2(T)(a)(2)(ii).

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66709

to-computer interfaces. In the context of participate in the execution of an order IV. Exemption From Section 19(b) of the other automated trading systems, the submitted to the C2 system. Act With Regard to CBOE Rules Commission has found that the off-floor Fourth, in the case of a transaction Incorporated by Reference transmission requirement is met if a effected for an account with respect to C2 proposes to incorporate by covered account order is transmitted which the initiating member or an reference certain CBOE rules as C2 from a remote location directly to an associated person thereof exercises rules, including Chapters 4 (Business exchange’s floor by electronic means.173 investment discretion, neither the Conduct), 5 (Securities Dealt In), 6 Because the C2 system receives orders initiating member nor any associated Section E (Intermarket Linkage), 9 electronically through remote terminals person thereof may retain any (Doing Business with the Public), 10 or computer-to-computer interfaces, the compensation in connection with (Closing Transactions), 11 (Exercises Commission believes that the C2 system effecting the transaction, unless the and Deliveries), 12 (Margins), 13 (Net satisfies the off-floor transmission person authorized to transact business Capital Requirements), 15 (Records, requirement.174 for the account has expressly provided Reports and Audits), 16 (Summary Suspension by Chairman of the Board or Third, the Rule requires that the otherwise by written contract referring Vice Chairman of the Board), 17 member not participate in the execution to Section 11(a) of the Act and Rule 175 177 (Discipline), 18 (Arbitration), 19 of its order. C2 represented that at no 11a2–2(T). Participants trading for (Hearings and Review), and 24 (Index time following the submission of an covered accounts over which they Options). In each Chapter including order is a Participant able to acquire exercise investment discretion must incorporated rules, C2 states that these control or influence over the result or comply with this condition in order to such rules ‘‘as such rules may be in timing of an order’s execution. rely on the rule’s exemption.178 effect from time to time, shall apply to According to C2, the execution of a E. Listing Procedures C2 and are hereby incorporated into this member’s order is determined solely by Chapter’’ and that C2 members shall what other orders, bids, or offers are C2 will incorporate by reference comply with a C2 rule by complying present in the C2 system at the time the CBOE’s listing rules for options.179 As with the CBOE rules incorporated by Participant submits the order and on the such, the Commission finds that C2’s reference ‘‘as if such rules were part of priority of those orders, bids, and proposed initial and continued listing the C2 Rules.’’ 180 In connection with its offers.176 Based on these rules, which are based on CBOE rules proposal to incorporate certain CBOE representations, the Commission previously approved by the rules by reference, C2 requested, believes that a Participant does not Commission, are consistent with the pursuant to Rule 0–12,181 an exemption 182 Act, including Section 6(b)(5), in that under Section 36 of the Act from the 173 See, e.g., NOM Approval Order, supra note 92, they are designed to protect investors rule filing requirements of Section 19(b) at 73 FR 14538; Nasdaq Exchange Registration and the public interest and to promote of the Act for changes to those C2 rules Order, supra note 39, at 71 FR 3560; and Securities just and equitable principles of trade. that are affected solely by virtue of a Exchange Act Release Nos. 49068 (January 13, change to a cross-referenced CBOE rule. 2004), 69 FR 2775 (January 20, 2004) (File No. SR– The Commission notes that, before C2 proposes to incorporate by reference BSE–2002–15) (order approving the rules of the beginning operation, C2 will need to Boston Options Exchange); 44983 (October 25, categories of rules (rather than become a participant in the Plan for the 2001), 66 FR 55225 (November 1, 2001) (File No. individual rules within a category) that SR–PCX–00–25) (order approving the Archipelago Purpose of Developing and are not trading rules. C2 also agrees to Exchange as an electronic trading facility of the Implementing Procedures Designed to provide written notice to its members Pacific Exchange (‘‘PCX’’)); 29237 (May 24, 1991), Facilitate the Listing and Trading of 56 FR 24853 (May 31, 1991) (File Nos. SR–NYSE– whenever CBOE proposes a rule change 90–52 SR–NYSE–90–53) (regarding NYSE’s Off- Standardized Options Submitted to a CBOE rule that C2 has incorporated Hours Trading Facility); 15533 (January 29, 1979), Pursuant to Section 11A(a)(3)(B) of the by reference.183 44 FR 6084 (January 31, 1979) (File No. S7–163) Securities Exchange Act of 1934 (regarding the American Stock Exchange Post Using its authority under Section 36 Execution Reporting System, the Amex Switching (‘‘OLPP’’). In addition, before beginning of the Act, the Commission previously System, the Intermarket Trading System, the operation, C2 will need to become a exempted several other SROs from the Multiple Dealer Trading Facility of the Cincinnati participant in the Options Clearing requirement to file proposed rule Stock Exchange, the PCX Communications and Corporation. changes under Section 19(b) of the Execution System, and the Philadelphia Stock 184 Exchange’s Automated Communications and Act. Each such exempt SRO agreed to Execution System (‘‘1979 Release’’)); and 14563 177 17 CFR 240.11a2–2(T)(a)(2)(iv). In addition, be governed by the incorporated rules, (March 14, 1978) 43 FR 11542 (March 17, 1978) Rule 11a2–2(T)(d) requires a member or associated as amended from time to time, but is not (File No. S7–163) (regarding the NYSE’s Designated person authorized by written contract to retain required to file a separate proposed rule Order Turnaround System (‘‘1978 Release’’)). compensation, in connection with effecting 174 See, e.g., NOM Approval Order, supra note 92, transactions for covered accounts over which such at 73 FR 14538–39. member or associated persons thereof exercises 180 See, e.g., C2 Rules Chapter 4 (Business 175 17 CFR 240.11a2–2(T)(a)(iii). investment discretion, to furnish at least annually Conduct). 181 176 See C2 11(a) Letter, supra note 168. The to the person authorized to transact business for the See 17 CFR 240.0–12. Participant may cancel or modify the order, or account a statement setting forth the total amount 182 15 U.S.C. 78mm. modify the instruction for executing the order, but of compensation retained by the member in 183 See Letter from Angelo Evangelou, Assistant only from off the floor. The Commission has stated connection with effecting transactions for the General Counsel, CBOE, to Elizabeth M. Murphy, that the non-participation requirement is satisfied account during the period covered by the statement. Secretary, Commission, dated October 16, 2009. under such circumstances so long as such See 17 CFR 240.11a2–2(T)(d). See also 1978 184 See, e.g., Securities Exchange Act Release No. modifications or cancellations are also transmitted Release, supra note 173 (stating ‘‘[t]he contractual 49260 (February 17, 2004), 69 FR 8500 (February from off the floor. See 1978 Release, supra note 173 and disclosure requirements are designed to assure 24, 2004) (order granting application for exemptions (stating that the ‘‘non-participation requirement that accounts electing to permit transaction-related pursuant to Section 36(a) of the Act by the does not prevent initiating members from canceling compensation do so only after deciding that such American Stock Exchange LLC, the International or modifying orders (or the instructions pursuant to arrangements are suitable to their interests.’’). Securities Exchange, Inc., the Municipal Securities which the initiating member wishes orders to be 178 See C2 11(a) Letter, supra note 168. Rulemaking Board, the Pacific Exchange, Inc., the executed) after the orders have been transmitted to 179 See infra Section IV (discussing an exemption Philadelphia Stock Exchange, Inc., and the Boston the executing member, provided that any such from Section 19(b) of the Act for CBOE rules Stock Exchange, Inc.); and Nasdaq Exchange instructions are also transmitted from off the incorporated by reference by C2). See also C2 Rules Registration Order, supra note 39, at 71 FR 3565– floor’’). Chapter 5. 66.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66710 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

change with the Commission each time D. Participation in the Intermarket All submissions should refer to File the SRO whose rules are incorporated Surveillance Group. C2 must join the Number S7–29–09. This file number by reference seeks to modify its rules. In Intermarket Surveillance Group. should be included on the subject line addition, each such exempt SRO E. Examination by the Commission. if e-mail is used. To help us process and incorporated by reference only C2 must have, and represent in a letter review your comments more efficiently, regulatory rules (i.e., margin, suitability, to the staff in the Commission’s Office please use only one method. The arbitration), not trading rules, and of Compliance Inspections and Commission will post all comments on incorporated by reference whole Examinations that it has, adequate the Commission’s Internet Web site categories of rules. Each such exempt procedures and programs in place to (http://www.sec.gov/rules/other.shtml). SRO had reasonable procedures in place effectively regulate C2. Comments are also available for public to provide written notice to its members It is further ordered, pursuant to inspection and copying in the each time a change is proposed to the Section 36 of the Act,187 that C2 shall Commission’s Public Reference Room, incorporated rules of another SRO in be exempt from the rule filing 100 F Street, NE., Washington, DC order to provide its members with requirements of Section 19(b) of the 20549, on official business days notice of a proposed rule change that Act 188 with respect to the CBOE rules between the hours of 10 a.m. and 3 p.m. affects their interests, so that they would C2 proposes to incorporate by reference All comments received will be posted have an opportunity to comment on it. into C2’s rules, subject to the conditions without change; we do not edit personal The Commission is granting C2’s specified in this Order. identifying information from request for exemption, pursuant to By the Commission. submissions. You should submit only Section 36 of the Act, from the rule Elizabeth M. Murphy, information that you wish to make filing requirements of Section 19(b) of Secretary. available publicly. the Act with respect to the rules that C2 FOR FURTHER INFORMATION CONTACT: proposes to incorporate by reference. [FR Doc. E9–29877 Filed 12–15–09; 8:45 am] Keith Kanyan, IARD System Manager, at This exemption is conditioned upon C2 BILLING CODE 8011–01–P 202–551–6737, or [email protected], providing written notice to its members Office of Investment Adviser whenever CBOE proposes to change a SECURITIES AND EXCHANGE Regulation, Division of Investment rule that C2 has incorporated by COMMISSION Management, Securities and Exchange reference. The Commission believes that Commission, 100 F Street, NE., this exemption is appropriate in the [Release No. IA–2959; File No. S7–29–09] public interest and consistent with the Washington, DC 20549–8549. protection of investors because it will Approval of Investment Adviser SUPPLEMENTARY INFORMATION: Section promote more efficient use of Registration Depository Filing Fees 204(b) of the Investment Advisers Act of 1940 (‘‘Advisers Act’’) authorizes the Commission and SRO resources by AGENCY: Securities and Exchange Commission to require investment avoiding duplicative rule filings based Commission. on simultaneous changes to identical advisers to file applications and other ACTION: Order; request for comment. rules sought by more than one SRO. documents through an entity designated Consequently, the Commission grants SUMMARY: The Securities and Exchange by the Commission, and to pay C2’s exemption request. Commission (‘‘Commission’’ or ‘‘SEC’’) reasonable costs associated with such filings.1 In 2000, the Commission V. Conclusion is, for one year, reducing Investment Adviser Registration Depository annual designated the Financial Industry It is ordered that the application of C2 and initial filing fees that will be Regulatory Authority Regulation, Inc. for registration as a national securities charged beginning January 1, 2010 (‘‘FINRA’’) as the operator of the exchange be, and hereby is, granted. through December 31, 2010. Investment Adviser Registration It is further ordered that operation of DATES: Effective Date: The order will Depository (‘‘IARD’’) system. At the C2 is conditioned on the satisfaction of become effective on January 1, 2010. same time, the Commission approved, the following requirements: 2 Comment Due Date: Comments as reasonable, filing fees. The A. Participation in National Market Commission later required advisers System Plans Relating to Options should be received on or before February 1, 2010. registered or registering with the SEC to Trading. C2 must join: (1) The Plan for file Form ADV through the IARD.3 Over ADDRESSES: Comments may be the Reporting of Consolidated Options 11,000 advisers now use the IARD to Last Sale Reports and Quotation submitted by any of the following methods: register with the SEC and make state Information (i.e., the Options Price notice filings electronically through the Reporting Authority); (2) the OLPP; (3) Electronic Comments Internet. the Linkage Plan; 185 and (4) the Plan of • Use the Commission’s Internet Commission staff, representatives of the Options Regulatory Surveillance comment form (http://www.sec.gov/ the North American Securities Authority. Administrators Association, Inc. B. Participation in Multiparty 17d–2 rules/other.shtml); or • Send an e-mail to rule- (‘‘NASAA’’),4 and representatives of Plans. C2 must become a party to the [email protected]. Please include File multiparty 17d–2 agreements 1 Number S7–29–09 on the subject line. 15 U.S.C. 80b–4(b). concerning sales practice regulation and 2 Designation of NASD Regulation, Inc., to market surveillance.186 Paper Comments Establish and Maintain the Investment Adviser Registration Depository; Approval of IARD Fees, C. Participation in the Options • Send paper comments in triplicate Clearing Corporation. C2 must join the Investment Advisers Act Release No. 1888 (July 28, to Elizabeth M. Murphy, Secretary, 2000) [65 FR 47807 (Aug. 3, 2000)]. FINRA was Options Clearing Corporation. Securities and Exchange Commission, formerly known as NASD. 100 F Street, NE., Washington, DC 3 Electronic Filing by Investment Advisers; 185 See Linkage Plan, supra note 78. 20549–1090. Amendments to Form ADV, Investment Advisers 186 See supra note 111 (citing to the most recent Act Release No. 1897 (Sept. 12, 2000) [65 FR 57438 versions of the two plans). See also infra Section (Sept. 22, 2000)]. III.C.3 (Multiparty 17d–2 Agreements); and 17 CFR 187 15 U.S.C 78mm. 4 The IARD system is used by both advisers 240.17d–2. 188 15 U.S.C 78s(b). registering or registered with the SEC and advisers

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66711

FINRA periodically hold discussions on will provide adequate funding to cover SECURITIES AND EXCHANGE IARD system finances. In the early years IARD system expenditures.9 This action COMMISSION of operations, SEC-associated IARD is expected to reduce aggregate filing revenues exceeded projections while [Release No. 34–61136; File No. SR–CBOE– fees that SEC-registered advisers would 2009–022] SEC-associated IARD expenses were incur by approximately $2 million lower than estimated, resulting in a annually compared to the filing fees that Self-Regulatory Organizations; surplus. In 2005, FINRA wrote a letter would be collected based on the fee Chicago Board Options Exchange, to SEC staff recommending a waiver of levels established in 2000. The revised Incorporated; Notice of Filing of 5 annual fees for a one-year period. The filing fees will apply to all annual Amendment No. 1 and Order Granting Commission concluded that this was updating amendments filed by SEC- Accelerated Approval of Proposed appropriate and waived annual fees.6 In registered advisers beginning January 1, Rule Change, as Modified by 2006, 2008, and 2009 FINRA wrote to 2010 and to all initial applications for Amendment No. 1, To List and Trade the staff again, recommending a two- S&P 500 Dividend Index Options year, a nine-month, and a five-month registration filed by advisers applying waiver, respectively, of all fees to for SEC registration beginning January 1, December 10, 2009. continue to reduce the surplus.7 The 2010. The Commission will reassess the I. Introduction Commission agreed and issued orders fee levels prior to the end of the one- waiving all IARD fees.8 As a result of year period and welcomes any On March 25, 2009, the Chicago these four waivers, which waived a total comments on the fee levels, including Board Options Exchange, Incorporated of $18 million in filing fees, the surplus whether the reduced fee levels in this (‘‘CBOE’’ or ‘‘Exchange’’) filed with the was reduced from $9 million in 2005 to Order would be appropriate as Securities and Exchange Commission approximately $3 million today. permanent fee levels. (‘‘Commission’’), pursuant to Section FINRA has again written to It is therefore ordered, pursuant to 19(b)(1) of the Securities Exchange Act Commission staff, recommending 1 Sections 204(b) and 206(A) of the of 1934 (‘‘Act’’) and Rule 19b–4 reduced annual and initial IARD filing thereunder,2 a proposed rule change to Investment Advisers Act of 1940, that: fees for a period of one year list and trade cash-settled options that commencing on January 1, 2010. The For annual updating amendments to overlie the S&P 500 Dividend Index. recommended annual filing fees due Form ADV filed from January 1, 2010 The proposed rule change was beginning January 1, 2010 are $40 for through December 31, 2010, the filing published for comment in the Federal advisers with assets under management fee due from SEC-registered advisers is Register on April 6, 2009.3 On May 4, under $25 million; $150 for advisers $40 for advisers with assets under 2009, the Commission received one with assets under management from $25 management under $25 million; $150 comment on the proposal.4 On May 19, million to $100 million; and $200 for for advisers with assets under 2009, the Exchange responded to the advisers with assets under management management from $25 million to $100 comment letter 5 and filed Amendment over $100 million. The recommended million; and $200 for advisers with No. 1 to the proposed rule change. The initial IARD filing fees due beginning assets under management over $100 Commission is publishing this notice to January 1, 2010 are $40 for advisers million. solicit comments on the proposed rule with assets under management under change, as modified by Amendment No. For initial applications to register as $25 million; $150 for advisers with 1, and simultaneously is approving the assets under management from $25 an investment adviser with the SEC proposed rule change, as modified by million to $100 million; and $200 for filed from January 1, 2010 through Amendment No. 1, on an accelerated advisers with assets under management December 31, 2010, the filing fee due basis. over $100 million. Based on projections from SEC-registered advisers is $40 for of expected revenues and expenses, the advisers with assets under management II. Description of the Proposal Commission believes these reduced fee under $25 million; $150 for advisers CBOE proposes to list and trade cash- levels would be reasonable for this year, with assets under management from $25 settled, European-style options that as the Commission projects that they million to $100 million; and $200 for overlie the S&P 500 Dividend Index. advisers with assets under management Index Design registered or registering with one or more state over $100 million. securities authorities. NASAA represents the state The S&P 500 Dividend Index securities administrators in setting IARD filing fees By the Commission. represents the accumulated ex-dividend for state-registered advisers. Dated: December 10, 2009. amounts of all S&P 500 Index 5 NASD letter dated September 9, 2005, available at http://www.sec.gov/rules/other/ Elizabeth M. Murphy, component securities over a specified nasdlet090905.pdf. Secretary. accrual period. Each day Standard & 6 Approval of Investment Adviser Registration [FR Doc. E9–29840 Filed 12–15–09; 8:45 am] Poor’s calculates the aggregate daily Depository Filing Fees, Investment Advisers Act dividend totals for the S&P 500 Index Release No. 2439 (Oct. 7, 2005) [70 FR 59789 (Oct. BILLING CODE 8011–01–P 13, 2005)]. 1 7 NASD letter dated October 13, 2006 and FINRA 15 U.S.C. 78s(b)(1). letters dated October 10, 2008 and July 8, 2009 2 17 CFR 240.19b–4. available at http://www.sec.gov/rules/other/2006/ 9 The previous initial filing fees were $150 for 3 See Securities Exchange Act Release No. 59667 nasdletter101306-iardfee.pdf, http://www.sec.gov/ advisers with assets under management under $25 (March 31, 2009), 74 FR 15528 (‘‘Notice’’). 4 rules/other/2008/finraletter101008-iardfees.pdf, million; $800 for advisers with assets under See e-mail from Julian E. Hammar, Assistant and http://www.sec.gov/rules/other/2009/ management from $25 million to $100 million; and General Counsel, Commodity Futures Trading finraletter070809-iardfees.pdf, respectively. Commission (‘‘CFTC’’), to James Eastman, Chief $1,100 for advisers with assets under management 8 Approval of Investment Adviser Registration Counsel and Associate Director, and Elizabeth King, over $100 million. The previous annual filing fees Depository Filing Fees, Investment Advisers Act Associate Director, Division of Trading and Release No. 2564 (Oct. 26, 2006), Investment were $100 for advisers with assets under Markets, Commission, dated May 4, 2009 (‘‘CFTC Advisers Act Release No. 2806 (Oct. 30, 2008) [73 management under $25 million; $400 for advisers Comment Letter’’). FR 65900 (Nov. 5. 2008)], and Investment Advisers with assets under management from $25 million to 5 See letter from Jenny L. Klebes, Senior Attorney, Act Release No. 2909 (July 31, 2009) [74 FR 39352 $100 million; and $550 for advisers with assets CBOE, to Elizabeth M. Murphy, Secretary, (Aug. 6, 2009)]. under management over $100 million. Commission, dated May 19, 2009.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66712 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

component securities, which are intervals if the strike price is equal to or expiration. S&P 500 Dividend Index summed over any given calendar less than 200 scaled index points on options will be A.M.-settled. The quarter and are the basis of the S&P 500 S&P 500 Dividend Index options. When exercise-settlement amount will be Dividend Index. On any given day, the the strike price exceeds 200 scaled equal to the difference between the index dividend is calculated as the total index points, strike price intervals will exercise-settlement value and the dividend value for all constituents of be no less than 2.5 points. exercise price of the option, multiplied the S&P 500 Index divided by the S&P Initially, the Exchange will list in-, at- by the contract multiplier ($100). 500 Index divisor. The total dividend and out-of-the-money strike prices and If the exercise settlement value is not value is calculated as the sum of may open for trading up to five series available or the normal settlement dividends per share multiplied by the above and five series below the procedure cannot be utilized due to a shares outstanding for all constituents of calculated forward value of the S&P 500 trading disruption or other unusual the S&P 500 Index that are trading ‘‘ex- Dividend Index, which is the circumstance, the settlement value will dividend’’ on that day. anticipated value of the S&P 500 be determined in accordance with the The Exchange will set the accrual Dividend Index at the end of the rules and bylaws of the OCC. period for S&P 500 Dividend Index specified accrual period.11 In addition, options at listing (e.g., quarterly, semi- either in response to customer demand Surveillance annually, annually), which will be reset or as calculated forward value of the The Exchange states that it will use to zero at the end of the specified S&P 500 Dividend Index moves from the the same surveillance procedures 6 accrual period. A One-Year S&P 500 initial exercise prices of options and currently utilized for each of the Dividend Index will be expressed in LEAPs series that have been opened for Exchange’s other index options to S&P 500 Index points and will reset to trading, the Exchange may open for monitor trading in S&P 500 Dividend zero at the end of each annual accrual trading up to an additional twenty 7 Index options. The Exchange further period. series. The Exchange will not be represents that these surveillance The S&P 500 Dividend Index is permitted to open for trading series with procedures shall be adequate to monitor currently calculated by Standard & 1 point ($1.00) intervals within 0.50 of trading in options on these option Poor’s and is disseminated by Standard an existing 2.5 point ($2.50) strike price products. For surveillance purposes, the and Poor’s once per day.8 The S&P 500 with the same expiration month. The Exchange will have complete access to Dividend Index is reported in absolute Exchange will not be permitted to list information regarding trading activity in numbers (e.g., 3, 5, 7), and the Exchange LEAPS on S&P 500 Dividend Index the securities the accumulated ex- proposes to trade option contracts on options at intervals less than 1 point. the S&P 500 Dividend Index level with The Exchange also proposes to add dividend amounts of which are an applied scaling factor of 10.9 Once new Interpretation and Policy .13 to represented by the S&P 500 Dividend daily, CBOE will disseminate the Rule 5.5, Series of Option Contracts Index (i.e., S&P 500 Index component underlying S&P 500 Dividend Index Open for Trading, which will be an securities). value with the applied scaling factor of internal cross reference stating that the Position Limits 10 through the Options Price Reporting intervals between strike prices for S&P Authority (‘‘OPRA’’) and/or one or more 500 Dividend Index option series will The Exchange is not proposing to major market data vendors. be determined in accordance with establish any position limits for S&P 500 proposed new Interpretation and Policy Dividend Index options. Because the Options Trading .01(h) to Rule 24.9. S&P 500 Dividend Index represents the The exercise-settlement value for S&P accumulated ‘‘ex-dividend’’ amounts of 500 Dividend Index options will be the Exercise and Settlement all S&P 500 Index component securities, S&P 500 Dividend Index that is The proposed options will expire on the Exchange believes that the position calculated by Standard & Poor’s with an the Saturday following the third Friday and exercise limits for these new applied scaling factor. The underlying of the expiring month. Trading in the products should be the same as those for S&P Dividend Index will be quoted in expiring contract month will normally broad-based index options, e.g., SPX, for decimals and one point will be equal to cease at 3:15 p.m. Chicago time on the which there are no position limits. S&P $100.10 The minimum tick size for last day of trading (ordinarily the 500 Dividend Index options will be options trading at or below 3.00 will be Thursday before expiration Saturday, subject to the same reporting and other 0.05 point ($5.00) and for all other unless there is an intervening holiday). requirements triggered for other options series, it will be 0.10 ($10.00). When the last trading day is moved dealt in on the Exchange.12 because of an Exchange holiday (such as The Exchange proposes to list series Exchange Rules Applicable at 1 point ($1.00) or greater strike price when CBOE is closed on the Friday before expiration), the last trading day Except as modified in this proposed 6 See Amendment No. 1. In its original proposal, for expiring options will be Wednesday. rule change, the rules in Chapters I CBOE described that the S&P 500 Dividend Index Exercise will result in delivery of cash through XIX, XXIV, XXIVA, and XXIVB represents the accumulated ex-dividend amounts of on the business day following will equally apply to S&P 500 Dividend all S&P 500 Index (dividend paying) component securities over a specified quarterly accrual period Index options. and that the index is reset to zero at the end of each 11 See Amendment No. 1. In its original proposal, S&P 500 Dividend Index options will CBOE proposed to use the related S&P 500 quarterly accrual period. be margined as ‘‘broad-based index’’ 7 Standard & Poor’s has not committed to creating Dividend Index futures price as the level for setting a One-Year S&P 500 Dividend Index. In the event strikes. Because no related futures contract is options, and under CBOE rules, currently trading, CBOE now proposes to use the that S&P does not calculate the index, the Exchange especially, Rule 12.3(c)(5)(A), the calculated forward value of the S&P 500 Dividend plans to calculate an annual index from published Index. The Exchange states that the calculated margin requirement for a short put or values of the quarterly S&P 500 Dividend Index. forward value of the S&P 500 Dividend Index is a call shall be 100% of the current market 8 The daily values can be accessed on Bloomberg market derived estimate based on things such as: (1) value of the contract plus up to 15% of under the symbol: SPXDIV. The historical dividend policy of the components the aggregate contract value. Additional 9 For example, where the S&P 500 Dividend Index stocks on the S&P 500 Index, (2) the anticipated is 3, the underlying will have an index value of 30 date of dividend payment, and (3) the expected start (3 × 10). or increase of a dividend payment or the expected 12 See Rule 4.13, Reports Related to Position 10 The contract multiplier will be $100. elimination or decrease of a dividend payment. Limits.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66713

margin may be required pursuant to specified accrual period as the measure CBOE are securities. Section 3(a)(10) of Exchange Rule 12.10. for setting strikes. the Act 16 defines security to include, in The Exchange proposed to designate Finally, the CFTC Comment Letter part, ‘‘any put, call, straddle, option or S&P 500 Dividend Index options as expressed a concern regarding the privilege on any security, certificate of eligible for trading as Flexible Exchange Exchange’s surveillance of the proposed deposit, or group or index of securities Options as provided for in Chapters product for manipulation. In particular, (including any interest therein or based XXIVA (Flexible Exchange Options) and the CFTC staff questioned the on the value thereof).’’ 17 As the XXIVB (FLEX Hybrid Trading System). Exchange’s assertion that it will have Commission has previously noted, access to information regarding trading Capacity ‘‘[t]he concept of an ‘interest in’ a in the underlying securities, stating that security plainly includes rights CBOE represents that it believes the the S&P 500 Dividend Index represents generating a pecuniary interest in a Exchange and OPRA have the necessary accrued dividends, which are security, such as the right to a dividend systems capacity to handle the determined by the boards of directors of payout or bond (coupon) payment.’’ 18 additional traffic associated with the the constituent securities. In response, Accordingly, options on the value of listing of new series that will result from the Exchange represented that it has dividends declared by the issuers of the introduction of S&P 500 Dividend adequate tools in place, such as large component securities of a group or Index options. options positions reports to surveil for index of securities are options on an III. Summary of Comments market manipulation and will continue interest in, or based on the value of an to use the same surveillance procedures interest in, that group or index of The CFTC Comment Letter raised currently utilized for each of the securities. several concerns the CFTC staff has Exchange’s other index options to The S&P 500 Dividend Index Option regarding the proposed rule change. monitor trading in S&P 500 Dividend is a cash-settled option based on the First, the CFTC staff questioned whether Index options. In addition, the CBOE value of the dividends of the S&P 500 the S&P 500 Dividend Index is an index noted that it shares its specific securities. composed of securities. Specifically, the surveillance procedures with the If a dividend is declared by the issuer CFTC staff asserted that a securities Commission and that as a member of the of a component security of the S&P 500 index is traditionally based on a Intermarket Surveillance Group (‘‘ISG’’), Index, the value of the S&P 500 weighted average of constituent stock the Exchange is able to obtain Dividend Index increases. Upon prices, while the S&P 500 Dividend information from the exchanges listing expiration of an option, a buyer of a call Index represents accrued dividend the issuers in the S&P 500 Dividend option on the S&P 500 Dividend Index amounts. As such, the CFTC staff Index pertaining to specific issuers. The will receive (and the seller of the call suggested that the S&P 500 Dividend Exchange may also obtain from the option will pay) cash equal to the Index may be more akin to an event exchanges and FINRA, the necessary difference between the value of the contract than to a securities index. information pertaining to trading in the index and the strike price of the option, The Exchange disagrees with the stock comprising the index. if the index value exceeds the strike CFTC staff’s comment. The CBOE notes price of the option. If the value of the that the S&P 500 Dividend Index IV. Discussion index exceeds the strike price of the measures stock price changes of S&P The Commission finds that the option, the option seller makes a 500 Index component securities on their proposed rule change is consistent with payment and the option buyer receives respective ex-dividend dates. In the requirements of the Act and the a payment. In other words, the S&P 500 addition, as described by the Exchange, rules and regulations thereunder Dividend Index Option payout is based the S&P 500 Dividend Index is applicable to a national securities on the dividends paid by issuers of the calculated using the ex-dividend exchange.13 Specifically, the component securities of the S&P 500 amount of the same set of component Commission finds that the proposal is Index. securities, same shares outstanding, consistent with Section 6(b)(5) of the The value of the dividends of the same capitalization weighting Act,14 which requires, among other securities composing the S&P 500 Index methodology and the same index things, that the rules of a national is calculated based on price changes of divisor that is used to calculate the S&P securities exchange be designed to such securities resulting solely from the 500 Index. Based on these factors, the promote just and equitable principles of distribution of ordinary cash dividends, Exchange concluded that its proposed trade, to remove impediments to and multiplied by the number of float product is an option based on a security perfect the mechanism of a free and adjusted shares outstanding and divided ‘‘including any interest therein or based open market and a national market by the S&P 500 Index divisor. on the value thereof’’ as defined under system, and, in general, to protect § 2(a)(1) of the Securities Act of 1933 investors and the public interest. The 16 15 U.S.C. 78c(a)(10). and § 3(a)(10) of the Act. Commission believes that CBOE’s 17 In determining whether a derivative is a Second, the CFTC staff noted that security, the Commission and the courts have proposal gives options investors the looked to the economic reality of the product. See while CBOE’s proposal provides that the ability to make an additional investment Caiola v. Citibank, N.A., New York, 295 F.3d 312, Exchange will list strike prices based on choice in a manner consistent with the 325 (2d Cir. 2002), quoting United Housing the related S&P 500 Dividend Index requirements of Section 6(b)(5) of the Foundation v. Foreman, 421 U.S. 837, 848 (1975) 15 (‘‘In searching for the meaning and scope of the futures contract, no such futures Act. word ‘security’ * * * the emphasis should be on contract currently exists. In Amendment As a threshold matter, the economic reality’’). Construing the definition of a No. 1, the Exchange modified its Commission finds that the S&P 500 security in this manner permits the Commission methodology for setting strike prices. As Dividend Index Options proposed by and the courts ‘‘sufficient flexibility to ensure that those who market investments are not able to discussed above, rather than basing escape the coverage of the Securities Acts by strike prices on the S&P 500 Dividend 13 In approving this proposed rule change, the creating new instruments that would not be covered Commission has considered the proposed rule’s by a more determinate definition.’’ Reves v. Ernst Index futures contract, which does not impact on efficiency, competition, and capital exist, the Exchange proposes to use the & Young, 494 U.S. 56, 63 n.2 (1990). formation. See 15 U.S.C. 78c(f). 18 Exchange Act Release No. 55781 (June 6, 2007), calculated forward value of the S&P 500 14 15 U.S.C. 78f(b)(5). 72 FR 32372, 32376 (June 12, 2007) (emphasis Dividend Index at the end of the 15 15 U.S.C. 78f(b)(5). added).

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66714 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

The Commission understands that, proposed use of the calculated forward knowledge of changes to an issuer’s prior to its ‘‘ex-dividend’’ date, the value of the S&P 500 Dividend Index for dividend policy through the purchase or component security’s price reflects the purposes of adding strike price intervals sale of an S&P 500 Dividend Index right to receive the dividend amount is a methodology reasonably designed to Option. In recent years, the Commission declared by the issuing company. As of reflect the unique properties of the has taken a number of enforcement the ex-dividend date, the component index (in particular, that the current actions in cases where insiders executed security trades without the right to index level is reset to zero at the end of securities transactions to exploit their receive that dividend payment. The each accrual period). knowledge of changes in issuers’ component security’s listing exchange The Commission also finds that the dividend policies.22 Accordingly, makes internal price adjustments and Exchange’s proposal to set the accrual adequate surveillance is an important notifies data vendors and other parties period for S&P 500 Dividend Index responsibility of the CBOE. The CFTC of the per share amount of the dividend options at the time of listing is Comment Letter took issue with this for informational purposes, in order to reasonable and consistent with the Act. representation, questioning CBOE’s ensure that the reported ‘‘net change’’ The Commission believes that this will ability to adequately surveil for from the previous closing price excludes provide the Exchange flexibility in manipulation in S&P 500 Dividend the drop in share value that results from designing the product to meet the needs Index options. In its response, the the dividend payment. of market participants to hedge their Exchange stated that its access to The Commission understands that, as exposure to changes in dividend information provided by the ISG, it pertains to the S&P 500 Dividend payments of S&P 500 Index stocks. coupled with its tools such as large Index, such price adjustments will be The Commission notes that the S&P options positions reports prove more equal to the amount of the component 500 Dividend Index is currently than sufficient for surveillance of securities’ ordinary cash dividends. calculated and disseminated by market manipulation, particularly given Therefore, the S&P 500 Dividend Index Standard and Poor’s once per day. that the very broad composition of the Options are, in effect, options on the Further, CBOE will disseminate the S&P 500 Dividend Index would render accumulated ex-dividend adjustments underlying S&P 500 Dividend Index manipulation of options on the index to to the prices of the weighted index value with the applied scaling factor of be extremely difficult. The Commission component securities. 10 through OPRA and/or one or more agrees with CBOE that it should have For these reasons, the Commission major market data vendors once daily. the ability and resources to adequately finds that S&P 500 Dividend Index The Exchange has proposed to surveil for manipulation in S&P 500 Options are options on interests in, or establish no position or exercise limits Dividend Index options. based on the value of interests in, a for S&P 500 Dividend Index options and In approving the proposed rule group or index of securities and, to require the same margin as for broad- change, the Commission has also relied therefore, are securities under Section based index options.20 The Commission upon the Exchange’s representation that 19 3(a)(10) of the Act. believes that CBOE’s proposed rules it has the necessary systems capacity to Further, the Commission believes that relating to position limits, exercise support new options series that will the listing rules proposed by CBOE for limits, and margin requirements are result from this proposal. S&P 500 Dividend Index options are appropriate. The Commission finds good cause for reasonable and consistent with the Act. The Commission also believes that the approving this proposed rule change, as The S&P 500 Dividend Index Options Exchange’s proposal to allow S&P 500 modified by Amendment No. 1, prior to will provide a mechanism for Dividend Index options to be eligible for the thirtieth day after publishing notice purchasers to hedge their exposure to trading as FLEX options is consistent of Amendment No. 1 in the Federal changes in the dividend payment with the Act. The Commission Register. In Amendment No. 1, the policies of issuers of securities that previously approved rules relating to Exchange: (i) Revised the methodology compose the S&P 500 Dividend Index. the listing and trading of FLEX Options for setting strike prices so that strike The Commission believes that on CBOE, which gives investors and permitting $1.00 strike price intervals prices will no longer be based on a other market participants the ability to futures product value but rather on the for S&P 500 Dividend Index options if individually tailor, within specified the strike price is equal to or less than calculated forward value of the S&P 500 limits, certain terms of those options.21 Dividend Index, and (ii) determined that 200 scaled index points will provide The current proposal incorporates S&P investors with added flexibility in the the accrual period for the S&P 500 500 Dividend Index options that trade Dividend Index options will be set at trading of these options and further the as FLEX Options into these existing public interest by allowing investors to listing and could be quarterly, semi- rules and regulatory framework. annually, annually, etc. to provide establish positions that are better The Commission notes that CBOE tailored to meet their investment investors and other market participants represented that it had an adequate with a more flexible product to hedge objectives. As explained by CBOE, the surveillance program to monitor trading S&P 500 Dividend Index will fluctuate their exposure to changes in dividend of S&P 500 Dividend Index options and payments (either up or down) of S&P around a limited index value range, and intends to apply its existing surveillance therefore the implementation of $1 program to support the trading of these 22 See, e.g., SEC v. DAVID L. JOHNSON, Civil Action strike price intervals is designed to options. As with other securities, there No. 05–CV–4789 (USDC E.D. Pa.) (Sept. 7, 2005) better serve investors by providing is a potential risk that a corporate (consent to permanent injunction, disgorgement greater flexibility. Because of this insider may exploit his or her advance and civil penalty for a person who allegedly sold unique characteristic, the Commission shares of an issuer based on inside information of a dividend cut, and tipped his son to do likewise); believes that the implementation of $1 20 The Exchange’s decision to apply its broad- SEC v. Barry Hertz, Civil Action No. 05–2848 strike price intervals for S&P 500 based index option position and exercise limits and (USDC E.D.N.Y.) (Mar. 16, 2007) (consent to final Dividend Index options, within the margin requirements to these new products is judgment, including an injunction and two-year bar parameters of the rule, is appropriate. unrelated to whether the S&P 500 Dividend Index from serving as an officer or director of a public is a narrow-based security index under Section corporation, for a person alleged to have traded on The Commission also notes that CBOE’s 3(a)(55) of the Exchange Act. inside information, including purchasing shares of 21 See Securities Exchange Act Release No. 31910 an issuer while in possession of positive news of 19 15 U.S.C. 78c(a)(10). (February 23, 1993), 58 FR 12056 (March 2, 1993). a first time dividend issuance).

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66715

500 Index stocks. Thus, the Commission the Commission does not edit personal Floor Trader Registration Fee would be believes that it is appropriate to allow identifying information from eliminated. CBOE to immediately list and trade submissions. You should submit only The text of the proposed rule change options on the S&P 500 Dividend Index, information that you wish to make is available on the Exchange’s Web site providing investors with additional available publicly. All submissions at http://www.nasdaqtrader.com/ means to manage their risk exposure should refer to File Number SR–CBOE– micro.aspx?id=PHLXRulefilings, on the and carry out their investment 2009–022 and should be submitted on Commission’s Web site at http:// objectives. Accordingly, the or before January 6, 2010. www.sec.gov, at the principal office of Commission finds good cause, the Exchange, and at the Commission’s VI. Conclusion consistent with Section 19(b)(2) of the Public Reference Room. Act,23 to approve the proposal, as It is therefore ordered, pursuant to Section 19(b)(2) of the Act,24 that the II. Self-Regulatory Organization’s modified by Amendment No. 1, on an Statement of the Purpose of, and accelerated basis. proposed rule change (SR–CBOE–2009– 022), as modified by Amendment No. 1, Statutory Basis for, the Proposed Rule V. Solicitation of Comments be, and hereby is, approved on an Change Interested persons are invited to accelerated basis. In its filing with the Commission, the submit written data, views and By the Commission. Exchange included statements concerning the purpose of, and basis for, arguments concerning Amendment No. Elizabeth M. Murphy, 1, including whether Amendment No. 1 the proposed rule change and discussed Secretary. is consistent with the Act. Comments any comments it received on the may be submitted by any of the [FR Doc. E9–29826 Filed 12–15–09; 8:45 am] proposed rule change. The text of these following methods: BILLING CODE 8011–01–P statements may be examined at the places specified in Item IV below. The Electronic Comments Exchange has prepared summaries, set SECURITIES AND EXCHANGE • Use the Commission’s Internet forth in Sections A, B, and C below, of COMMISSION comment form (http://www.sec.gov/ the most significant aspects of such rules/sro.shtml); or [Release No. 34–61133; File No. SR–Phlx– statements. • Send an e-mail to rule- 2009–100] [email protected]. Please include File A. Self-Regulatory Organization’s Number SR–CBOE–2009–022 on the Self-Regulatory Organizations; Statement of the Purpose of, and subject line. NASDAQ OMX PHLX, Inc.; Notice of Statutory Basis for, the Proposed Rule Filing and Immediate Effectiveness of Change Paper Comments Proposed Rule Change Relating to an 1. Purpose • Send paper comments in triplicate Options Regulatory Fee to Elizabeth M. Murphy, Secretary, The Exchange proposes to eliminate Securities and Exchange Commission, December 9, 2009. its Registered Representative/Member 100 F Street, NE., Washington, DC Pursuant to Section 19(b)(1) of the Exchange/Off-Floor Registration Trader 20549–1090. Securities Exchange Act of 1934 Fee of $55.00, the initial registration fee (‘‘Act’’),1 and Rule 19b–4 thereunder,2 of $55.00, the transfer fee of $55.00 and All submissions should refer to File notice is hereby given that on December the termination fee of $30.00 Number SR–CBOE–2009–022. This file 7, 2009, NASDAQ OMX PHLX, Inc. (‘‘Registration Fees’’). The Exchange number should be included on the (‘‘Phlx’’ or ‘‘Exchange’’) filed with the proposes to establish an Options subject line if e-mail is used. To help the Securities and Exchange Commission Regulatory Fee (‘‘ORF’’) of $.0035 per Commission process and review your (‘‘SEC’’ or ‘‘Commission’’) the proposed contract to each member for all options comments more efficiently, please use rule change as described in Items I, II, transactions executed or cleared by the only one method. The Commission will and III below, which Items have been member that are cleared by The Options post all comments on the Commission’s prepared by the Exchange. The Clearing Corporation (‘‘OCC’’) in the Internet Web site (http://www.sec.gov/ Commission is publishing this notice to customer range, excluding Options rules/sro.shtml). Copies of the solicit comments on the proposed rule Intermarket Linkage Plan (‘‘Linkage’’) submission, all subsequent change from interested persons. P/A Orders.3 amendments, all written statements Registration Fees as well as other with respect to the proposed rule I. Self-Regulatory Organization’s regulatory fees collected by the change that are filed with the Statement of the Terms of Substance of Exchange are intended to cover a Commission, and all written the Proposed Rule Change portion of the cost of the Exchange’s communications relating to the The Exchange proposes to eliminate regulatory programs.4 Today options proposed rule change between the its Registered Representative/Member exchanges, regardless of size, charge Commission and any person, other than Exchange/Off-Floor Trader Registration similar registered representative fees or those that may be withheld from the Fee and establish an Options Regulatory an ORF similar to the proposal herein. public in accordance with the Fee. Currently, Exchange rules require that provisions of 5 U.S.C. 552, will be While changes to the Exchange’s Fee available for inspection and copying in Schedule pursuant to this proposal are 3 The Exchange understands that certain the Commission’s Public Reference effective upon filing, the Exchange has Exchanges continue to utilize Linkage to send P/A Room, on official business days between Orders. Linkage may be discontinued by the designated this proposal to be operative operative date. the hours of 10 a.m. and 3 p.m. Copies for trades settling on or after January 1, 4 In addition to Registration Fees, the Exchange of the filing also will be available for 2010, at which point the Registered derives revenue associated with its regulatory inspection and copying at the principal Representative/Member Exchange/Off- programs from its Examinations Fee. This fee is office of the Exchange. All comments applicable to member/participant organizations for which the Exchange is the Designated Examining received will be posted without change; 24 15 U.S.C. 78s(b)(2). Authority (‘‘DEA’’). The Fee is a tiered fee and 1 15 U.S.C. 78s(b)(1). certain organizations are exempted from the fee. See 23 15 U.S.C. 78s(b)(2). 2 17 CFR 240.19b–4. Exchange’s Fee Schedule.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66716 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

every qualified Registered (‘‘Linkage’’).8 The ORF would be ORF would replace Registration Fees, Representative 5 of a member or imposed upon all such transactions which relate to a member’s customer participant organization must be executed by a member, even if such business, the Exchange believes it is registered with and approved by the transactions do not take place on the appropriate to charge the ORF only to Exchange.6 The Member Exchange Exchange.9 The ORF also includes transactions that clear as customer at the category refers to Exchange permit options transactions that are not OCC. The Exchange believes that its holders.7 executed by an Exchange member but broad regulatory responsibilities with The Exchange believes that are ultimately cleared by an Exchange respect to its members’ activities, Registration Fees are no longer the best member. Thus the Exchange would supports applying the ORF to manner to assess regulatory fees because charge a member $.0035 per contract for transactions cleared but not executed by more than 60% of the Exchange’s all options transactions executed or a member. The Exchange’s regulatory Registration Fees are paid by five cleared by the member that are cleared responsibilities are the same regardless member organizations. Further to the by OCC in the customer range, of whether a member executes a point, today there are more Internet and excluding Linkage P/A Orders, transaction or clears a transaction discount brokerage firms with few regardless of the marketplace of executed on its behalf. The Exchange registered persons that pay little in execution. In the case where one regularly reviews all such activity, Registration Fees and fewer traditional member both executes a transaction and including performing surveillance for brokerage firms with many registered clears the transaction, the ORF would be position limit violations, manipulation, persons. The regulatory effort the assessed to the member only once on frontrunning contrary exercise advice Exchange expends to review the the execution. In the case where one violations and insider trading.12 transactions of each type of firm is not member executes a transaction and a The ORF is collected indirectly from commensurate with the number of different member clears the transaction, members through their clearing firms by registered persons that each firm the ORF would be assessed only to the OCC on behalf of the Exchange. There employs. In addition, due to the manner member who executes the transaction is a minimum one-cent charge per trade. in which Registration Fees are charged, and would not be assessed to the The Exchange expects that member it is possible for a member firm to member who clears the transaction. In firms will pass-through the ORF to their restructure its business to avoid paying the case where a non-member executes customers in the same manner that these fees altogether. A firm can avoid a transaction and a member clears the firms pass-through to their customers Registration Fees by terminating its transaction, the ORF would be assessed the fees charged by SROs to help the Exchange membership and sending its to the member who clears the SROs meet their obligation under business to the Exchange through transaction. Section 31 of the Exchange Act. another member firm, even an affiliated The ORF would not be charged for The ORF is designed to recover a firm that has significantly fewer member options transactions because portion of the costs to the Exchange of registered persons. If member firms members incur the costs of owning the supervision and regulation of its terminated their memberships to avoid memberships and through their members, including performing routine Registration Fees, the Exchange would memberships are charged transaction surveillances, investigations, suffer the loss of a major source of fees, dues and other fees that are not examinations, financial monitoring, and funding for its regulatory programs. applicable to non-members.10 The dues policy, rulemaking, interpretive, and The Exchange proposes to eliminate and fees paid by members go into the enforcement activities. The Exchange Registration Fees and replace them with general funds of the Exchange, a portion believes that revenue generated from the a transaction-based ORF. The ORF of which is used to help pay the costs ORF, when combined with all of the would be $.0035 per contract and would of regulation. Thus, the Exchange Exchange’s other regulatory fees, will be assessed by the Exchange to each believes members are already paying cover a material portion, but not all, of member for all options transactions their fair share of the costs of the Exchange’s regulatory costs. The executed or cleared by the member that regulation.11 Moreover, because the total amount of regulatory fees collected are cleared by The Options Clearing by the Exchange is less than the Corporation (‘‘OCC’’) in the customer 8 See Securities Exchange Act Release Nos. 60405 regulatory costs incurred by the range (i.e., that clear in the customer (July 30, 2009), 74 FR 39362 (August 6, 2009) Exchange on an annual basis. account of the member’s clearing firm at (National Market System Plan Relating to Options Registration Fees make up the largest Order Protection and Locked/Crossed Markets). OCC), excluding P/A Orders as defined 9 The ORF would apply to all ‘‘C’’ account origin part of the Exchange’s total regulatory in the Options Intermarket Linkage Plan code orders executed by a member on the Exchange. Exchange rules require each member to record the Exchange does decide to impose such a fee, that fee 5 Registered Representative categories include appropriate account origin code on all orders at the would be filed with the Commission pursuant to registered options principals, general securities time of entry in order to allow the Exchange to Section 19 of the Act. representatives, general securities sales supervisors properly prioritize and route orders and assess 12 The Exchange also participates in The Options and United Kingdom limited general securities transaction fees pursuant to the rules of the Regulatory Surveillance Authority (‘‘ORSA’’)12 registered representatives but do not include ‘‘off- Exchange and report resulting transactions to the national market system plan and in doing so shares floor’’ traders. See Exchange Rule 604(e). See also OCC. See Exchange Rule 1063, Responsibilities of information and coordinates with other exchanges Exchange Rule 604(a) and (d). Floor Brokers, and Options Floor Procedure Advice designed to detect the unlawful use of undisclosed 6 See Exchange Rule 604. Every person who is F–4, Orders Executed as Spreads, Straddles, material information in the trading of securities compensated directly or indirectly by a member or Combinations or Synthetics and Other Order Ticket options. ORSA is a national market system participant organization for which the Exchange is Marking Requirements. The Exchange represents comprised of several self-regulatory organizations the DEA, or any other associated person of such that it has surveillances in place to verify that whose functions and objectives include the joint member or participant organization, and who members mark orders with the correct account development, administration, operation and executes, makes trading decisions with respect to, origin code. maintenance of systems and facilities utilized in the or otherwise engages in proprietary or agency 10 For example, non-broker-dealer customers regulation, surveillance, investigation and detection trading of securities, including, but not limited to, generally are not charged transaction fees to trade of the unlawful use of undisclosed material equities, preferred securities, convertible debt equity options on the Exchange. information in the trading of securities options. The securities or options off the floor of the Exchange 11 If the Exchange changes its method of funding Exchange compensates ORSA for the Exchange’s (‘‘off-floor traders’’), must successfully complete the regulation or if circumstances otherwise change in portion of the cost to perform insider trading Series 7 General Securities Registered the future, the Exchange may decide to impose the surveillance on behalf of the Exchange. The ORF Representative Examination. ORF or a separate regulatory fee on members if the will cover the costs associated with the Exchange’s 7 See Exchange Rule 600. Exchange deems it advisable. In the event that the arrangement with ORSA.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66717

fee revenue. The Exchange collects evaluating activity across all options have all of the same regulatory other regulatory revenues from DEA markets. Many of the Exchange’s market responsibilities as FINRA, the Exchange Fees.13 The Exchange notes that its surveillance programs require the believes that like the CBOE, its broad regulatory responsibilities with respect Exchange to look at and evaluate regulatory responsibilities with respect to member compliance with options activity across all options markets, such to its members’ activities, irrespective of sales practice rules have been allocated as surveillance for position limit where their transactions take place, to FINRA under a 17d–2 agreement. The violations, manipulation, frontrunning, supports a regulatory fee applicable to ORF is not designed to cover the cost of contrary exercise advice violations and transactions on other markets. Unlike options sales practice regulation. locked/crossed markets in connection the TAF, the ORF would apply only to The ORF is designed to generate with the Linkage.15 The Exchange, along a member’s customer options revenue that, when combined with all of with other options exchanges are transactions. the Exchange’s other regulatory fees, required to populate a consolidated Currently, the Exchange is in will approximate the Exchange’s options audit trail (‘‘COATS’’) system in negotiations with FINRA to render regulatory costs. The Exchange would order to surveil member activities across regulatory services which are currently 16 monitor the amount of revenue markets. performed by the Exchange. The collected from the ORF to ensure that it, In addition to its own surveillance Exchange anticipates continuing to in combination with its other regulatory programs, the Exchange works with provide on-floor surveillance options other SROs and exchanges on fees and fines, does not exceed review and data storage.20 regulatory costs. The Exchange expects intermarket surveillance related issues. The Exchange has designated this to monitor regulatory costs and Through its participation in the proposal to be operative for trades revenues at a minimum on an annual Intermarket Surveillance Group (‘‘ISG’’) settling on or after January 1, 2010. basis. If the Exchange determines the Exchange shares information and regulatory revenues would exceed coordinates inquiries and investigations 2. Statutory Basis regulatory costs, the Exchange would with other exchanges designed to adjust the ORF by submitting a fee address potential intermarket The Exchange believes that its change filing to the Commission. The manipulation and trading abuses.17 proposal to amend its schedule of fees Exchange notifies members of The Exchange believes that charging is consistent with Section 6(b) of the 21 adjustments to the ORF via an Options the ORF across markets will avoid Act, in general, and furthers the 22 Trader Alert (‘‘OTA’’). having members direct their trades to objectives of Section 6(b)(4) of the Act, The Exchange believes the proposed other markets in order to avoid the fee in particular, in that it is an equitable ORF is equitably allocated because it and to thereby avoid paying for their fair allocation of reasonable fees and other would be charged to all members on all share of regulation. If the ORF did not charges among Exchange members. their customer options business (as apply to activity across markets, then The Exchange believes that the ORF is defined above). The Exchange believes members would send their orders to the objectively allocated to Exchange the proposed ORF is reasonable because least cost, least regulated exchange. members because it would be charged to it will raise revenue related to the Other exchanges would, of course, be all members on all of their transactions amount of customer options business free to impose a similar fee on their that clear as customer at the OCC. conducted by members, and thus the member’s activity, including the activity Moreover, the Exchange believes the amount of Exchange regulatory services of Exchange members. ORF ensures fairness by assessing those members will require, instead of Finally, there is established precedent higher fees to those member firms that how many registered persons a for an SRO charging a fee across require more Exchange regulatory 14 markets, namely, FINRA’s Trading particular member firm employs. 18 services based on the amount of The Exchange believes it is reasonable Activity Fee and the Chicago Board of customer options business they and appropriate for the Exchange to Options Exchange, Inc.’s (‘‘CBOE’’) conduct. ORF.19 While the Exchange does not charge the ORF for options transactions The Exchange believes the initial regardless of the exchange on which the 15 The Exchange and other options SROs are level of the fee is reasonable because it transactions occur. The Exchange has a parties to a 17d–2 agreement allocating among the relates to the recovery of the costs of statutory obligation to enforce SROs regulatory responsibilities relating to supervising and regulating members and compliance by its members and their compliance by their common members with rules market activity. Accounting for recent associated persons with the Act and the for expiring exercise declarations, position limits, OCC trade adjustments, and Large Option Position trends in the industry, the fee is rules of the Exchange and to surveil for Report reviews. See Securities Exchange Act expected to approximate the Exchange’s other manipulative conduct by market Release No. 56941 (December 11, 2007), 72 FR revenue from the Registration Fees. The participants (including non-members) 71723 (December 18, 2007). Commission has addressed the funding trading on the Exchange. The Exchange 16 COATS effectively enhances intermarket options surveillance by enabling the options of an SRO’s regulatory operations in the cannot effectively surveil for such exchanges to reconstruct markets promptly, Concept Release Concerning Self- conduct without looking at and effectively surveil them and enforce order handling, Regulation 23 and the release on the Fair firm quote, trade reporting and other rules. Administration and Governance of Self- 13 The Exchange assesses the Examinations Fee to 17 ISG is an industry organization formed in 1983 each firm for which the SEC has designated the to coordinate intermarket surveillance among the Exchange to be the DEA pursuant to SEC Rule 17d– SROs by cooperatively sharing regulatory 20 The costs that are currently identified by the 1. The Examinations Fee is intended to reimburse information pursuant to a written agreement Exchange as related to the regulatory program the Exchange for its costs associated with between the parties. The goal of the ISG’s should approximate the costs that would in the examining member firms and is generally the same information sharing is to coordinate regulatory future be paid to FINRA should a Regulatory throughout the SRO community. The Examination efforts to address potential intermarket trading Services Agreement be executed. The Exchange Fee is based on the number of off-floor traders in abuses and manipulations. anticipates that it would pay a flat rate to FINRA the same member organization. 18 See Securities Exchange Act Release No. 47946 for its services. 14 The Exchange expects that implementation of (May 30, 2003), 68 FR 34021 (June 6, 2003) (SR– 21 15 U.S.C. 78f(b). the proposed ORF will result generally in many NASD–2002–148). 22 15 U.S.C. 78f(b)(4). traditional brokerage firms paying less regulatory 19 See Securities Exchange Act Release Nos. 23 See Securities Exchange Act Release No. 50700 fees while Internet and discount brokerage firms 58817 (October 20, 2008), 73 FR 63744 (October 27, (November 18, 2004), 69 FR 71256 (December 8, will pay more. 2009) (SR–CBOE–2008–105). 2004) (‘‘Concept Release’’).

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66718 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

Regulatory Organizations.24 In the arguments concerning the foregoing, OFFICE OF THE UNITED STATES Concept Release, the Commission states including whether the proposed rule TRADE REPRESENTATIVE that: ‘‘Given the inherent tension change is consistent with the Act. between an SRO’s role as a business and Comments may be submitted by any of Determination of Trade Surplus in as a regulator, there undoubtedly is a the following methods: Certain Sugar and Syrup Goods and temptation for an SRO to fund the Sugar Containing Products of Chile, business side of its operations at the Electronic Comments Morocco, the Dominican Republic, El expense of regulation.’’ 25 In order to • Use the Commission’s Internet Salvador, Guatemala, Honduras, address this potential conflict, the comment form (http://www.sec.gov/ Nicaragua, and Peru Commission proposed in the rules/sro.shtml); or Governance Release rules that would • Send an e-mail to rule- AGENCY: Office of the United States require an SRO to direct monies [email protected]. Please include File Trade Representative. collected from regulatory fees, fines, or Number SR–Phlx–2009–100 on the ACTION: Notice. penalties exclusively to fund the subject line. SUMMARY: In accordance with relevant regulatory operations and other Paper Comments programs of the SRO related to its provisions of the Harmonized Tariff • regulatory responsibilities.26 The Send paper comments in triplicate Schedule of the United States (HTS), the Exchange has designed the ORF to to Elizabeth M. Murphy, Secretary, Office of the United States Trade generate revenues that, when combined Securities and Exchange Commission, Representative (USTR) is providing with all of the Exchange’s other 100 F Street, NE., Washington, DC notice of its determination of the trade regulatory fees, will approximate the 20549–1090. surplus in certain sugar and syrup goods Exchange’s regulatory costs, which is All submissions should refer to File and sugar-containing products of Chile, consistent with the Commission’s view Number SR–Phlx–2009–100. This file Morocco, the Dominican Republic, El that regulatory fees be used for number should be included on the Salvador, Guatemala, Honduras, regulatory purposes and not to support subject line if e-mail is used. To help the Nicaragua, and Peru. As described the Exchange’s business side. Commission process and review your below, the level of a country’s trade comments more efficiently, please use surplus in these goods relates to the B. Self-Regulatory Organization’s only one method. The Commission will quantity of sugar and syrup goods and Statement on Burden on Competition post all comments on the Commission’s sugar-containing products for which the The Exchange does not believe that Internet Web site (http://www.sec.gov/ United States grants preferential tariff the proposed rule change will impose rules/sro.shtml). Copies of the treatment under (i) The United States— any burden on competition that is not submission, all subsequent Chile Free Trade Agreement (Chile necessary or appropriate in furtherance amendments, all written statements FTA), in the case of Chile; (ii) the of the purposes of the Act. with respect to the proposed rule United States—Morocco Free Trade Agreement (Morocco FTA), in the case C. Self-Regulatory Organization’s change that are filed with the of Morocco; (iii) the Dominican Statement on Comments on the Commission, and all written Republic—Central America—United Proposed Rule Change Received From communications relating to the States Free Trade Agreement (CAFTA– Members, Participants or Others proposed rule change between the Commission and any person, other than DR), in the case of the Dominican No written comments were either those that may be withheld from the Republic, El Salvador, Guatemala, solicited or received. public in accordance with the Honduras, and Nicaragua; and (iv) the III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be United States—Peru Trade Promotion Proposed Rule Change and Timing for available for inspection and copying in Agreement (Peru TPA), in the case of Commission Action the Commission’s Public Reference Peru. Room, 100 F Street, NE., Washington, The foregoing rule change has become DATES: Effective Date: December 16, DC 20549, on official business days effective pursuant to Section 2009. between the hours of 10 am and 3 pm. 19(b)(3)(A)(ii) of the Act 27 and Copies of such filing also will be ADDRESSES: Inquiries may be mailed or paragraph (f)(2) of Rule 19b–4 28 available for inspection and copying at delivered to Leslie O’Connor, Director of thereunder. At any time within 60 days the principal office of the Exchange. All Agricultural Affairs, Office of of the filing of the proposed rule change, comments received will be posted Agricultural Affairs, Office of the United the Commission may summarily without change; the Commission does States Trade Representative, 600 17th abrogate such rule change if it appears not edit personal identifying Street, NW., Washington, DC 20508. to the Commission that such action is information from submissions. You necessary or appropriate in the public FOR FURTHER INFORMATION CONTACT: should submit only information that interest, for the protection of investors, Leslie O’Connor, Office of Agricultural you wish to make available publicly. All or otherwise in furtherance of the Affairs, telephone: 202–395–6127 or submissions should refer to File No. purposes of the Act. facsimile: 202–395–4579. SR–Phlx–2009–100 and should be SUPPLEMENTARY INFORMATION: IV. Solicitation of Comments submitted on or before January 6, 2010. Chile: Pursuant to section 201 of the Interested persons are invited to For the Commission, by the Division of United States—Chile Free Trade submit written data, views, and Trading and Markets, pursuant to delegated Agreement Implementation Act (Pub. L. 29 authority. 108–77; 19 U.S.C. 3805 note), 24 See Securities Exchange Act Release No. 50699 Florence E. Harmon, Presidential Proclamation No. 7746 of (November 18, 2004), 69 FR 71126 (December 8, Deputy Secretary. 2004) (‘‘Governance Release’’). December 30, 2003 (68 FR 75789) 25 Concept Release at 71268. [FR Doc. E9–29830 Filed 12–15–09; 8:45 am] implemented the Chile FTA on behalf of 26 Governance Release at 71142. BILLING CODE 8011–01–P the United States and modified the HTS 27 15 U.S.C. 78s(b)(3)(A)(ii). to reflect the tariff treatment provided 28 17 CFR 240.19b–4(f)(2). 29 17 CFR 200.30–3(a)(12). for in the Chile FTA.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66719

U.S. Note 12(a) to subchapter XI of volume, with all sources for goods in HS amount of each CAFTA–DR country’s HTS chapter 99 provides that USTR is subheadings 1701.11, 1701.12, 1701.91, trade surplus, by volume, with all required to publish annually in the 1701.99, 1702.40, and 1702.60, except sources for goods in HS subheadings Federal Register a determination of the that Morocco’s imports of U.S. goods 1701.11, 1701.12, 1701.91, 1701.99, amount of Chile’s trade surplus, by classified under HS subheadings 1702.40, and 1702.60, except that each volume, with all sources for goods in 1702.40 and 1702.60 that qualify for CAFTA–DR country’s exports to the Harmonized System (HS) subheadings preferential tariff treatment under the United States of goods classified under 1701.11, 1701.12, 1701.91, 1701.99, Morocco FTA are not included in the HS subheadings 1701.11, 1701.12, 1702.20, 1702.30, 1702.40, 1702.60, calculation of Morocco’s trade surplus. 1701.91, and 1701.99 and its imports of 1702.90, 1806.10, 2101.12, 2101.20, and U.S. Note 12(b) to subchapter XII of U.S. goods classified under HS 2106.90, except that Chile’s imports of HTS chapter 99 provides duty-free subheadings 1702.40 and 1702.60 that U.S. goods classified under HS treatment for certain sugar and syrup qualify for preferential tariff treatment subheadings 1702.40 and 1702.60 that goods and sugar-containing products of under the CAFTA–DR are not included qualify for preferential tariff treatment Morocco entered under subheading in the calculation of that country’s trade under the Chile FTA are not included in 9912.17.05 in an amount equal to the surplus. the calculation of Chile’s trade surplus. lesser of Morocco’s trade surplus or the U.S. Note 25(b)(ii) to subchapter XXII U.S. Note 12(b) to subchapter XI of specific quantity set out in that note for of HTS chapter 98 provides duty-free HTS chapter 99 provides duty-free that calendar year. treatment for certain sugar and syrup treatment for certain sugar and syrup U.S. Note 12(c) to subchapter XII of goods and sugar-containing products of goods and sugar-containing products of HTS chapter 99 provides preferential each CAFTA–DR country entered under Chile entered under subheading tariff treatment for certain sugar and subheading 9822.05.20 in an amount 9911.17.05 in an amount equal to the syrup goods and sugar-containing equal to the lesser of that country’s trade lesser of Chile’s trade surplus or the products of Morocco entered under surplus or the specific quantity set out specific quantity set out in that note for subheading 9912.17.10 through in that note for that country and that that calendar year. 9912.17.85 in an amount equal to the calendar year. U.S. Note 12(c) to subchapter XI of amount by which Morocco’s trade During CY2008, the most recent year HTS chapter 99 provides preferential surplus exceeds the specific quantity set for which data is available, the tariff treatment for certain sugar and out in that note for that calendar year. Dominican Republic’s imports of the syrup goods and sugar-containing During CY2008, the most recent year sugar and syrup goods and sugar- products of Chile entered under for which data is available, Morocco’s containing products described above subheading 9911.17.10 through imports of the sugar and syrup goods exceeded its exports of those goods by 9911.17.85 in an amount equal to the and sugar-containing products 10,840 metric tons according to data amount by which Chile’s trade surplus described above exceeded its exports of published by the Instituto Azucarero exceeds the specific quantity set out in those goods by 751,207 metric tons Dominicano. Based on this data, USTR that note for that calendar year. according to data published by its determines that the Dominican During calendar year (CY) 2008, the customs authority, the Office des Republic’s trade surplus is negative. most recent year for which data is Changes. Based on this data, USTR Therefore, in accordance with U.S. Note available, Chile’s imports of sugar and determines that Morocco’s trade surplus 25(b)(ii) to subchapter XXII of HTS syrup goods and sugar-containing is negative. Therefore, in accordance chapter 98, goods of the Dominican products described above exceeded its with U.S. Note 12(b) and U.S. Note 12(c) Republic are not eligible to enter the exports of those goods by 588,127 to subchapter XII of HTS chapter 99, United States duty-free under metric tons according to data published goods of Morocco are not eligible to subheading 9822.05.20 in CY2010. by its customs authority, the Banco enter the United States duty-free under During CY2008, the most recent year Central de Chile. Based on this data, subheading 9912.17.05 or at preferential for which data is available, El Salvador’s USTR determines that Chile’s trade tariff rates under subheading 9912.17.10 exports of the sugar and syrup goods surplus is negative. Therefore, in through 9912.17.85 in CY2010. and sugar-containing products accordance with U.S. Note 12(b) and CAFTA–DR: Pursuant to section 201 described above exceeded its imports of U.S. Note 12(c) to subchapter XI of HTS of the Dominican Republic—Central those goods by 77,228 metric tons chapter 99, goods of Chile are not America—United States Free Trade according to data published by the eligible to enter the United States duty- Agreement Implementation Act (Pub. L. Banco Central de Reserva de El free under subheading 9911.17.05 or at 109–53; 19 U.S.C. 4031), Presidential Salvador. Based on this data, USTR preferential tariff rates under Proclamation No. 7987 of February 28, determines that El Salvador’s trade subheading 9911.17.10 through 2006 (71 FR 10827), Presidential surplus is 77,228 metric tons. The 9911.17.85 in CY2010. Proclamation No. 7991 of March 24, specific quantity set out in U.S. Note Morocco: Pursuant to section 201 of 2006 (71 FR 16009), Presidential 25(b)(ii) to subchapter XXII of HTS the United States—Morocco Free Trade Proclamation No. 7996 of March 31, chapter 98 for El Salvador for CY2010 Agreement Implementation Act (Pub. L. 2006 (71 FR 16971), Presidential is 28,560 metric tons. Therefore, in 108–302; 19 U.S.C. 3805 note), Proclamation No. 8034 of June 30, 2006 accordance with that note, the aggregate Presidential Proclamation No. 7971 of (71 FR 38509), and Presidential quantity of goods of El Salvador that December 22, 2005 (70 FR 76651) Proclamation No. 8111 of February 28, may be entered duty-free under implemented the Morocco FTA on 2007 (72 FR 10025) implemented the subheading 9822.05.20 in CY2010 is behalf of the United States and modified CAFTA–DR on behalf of the United 28,560 metric tons (i.e., the amount that the HTS to reflect the tariff treatment States and modified the HTS to reflect is the lesser of El Salvador’s trade provided for in the Morocco FTA. the tariff treatment provided for in the surplus and the specific quantity set out U.S. Note 12(a) to subchapter XII of CAFTA–DR. in that note for El Salvador for CY2010). HTS chapter 99 provides that USTR is U.S. Note 25(b)(i) to subchapter XXII During CY2008, the most recent year required to publish annually in the of HTS chapter 98 provides that USTR for which data is available, Guatemala’s Federal Register a determination of the is required to publish annually in the exports of the sugar and syrup goods amount of Morocco’s trade surplus, by Federal Register a determination of the and sugar-containing products

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66720 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

described above exceeded its imports of January 16, 2009 (74 FR 4105) comments on all elements of the those goods by 873,884 metric tons implemented the Peru TPA on behalf of agreement in order to develop U.S. according to data published by the the United States and modified the HTS negotiating positions. Asociacio´ n de Azucareros de to reflect the tariff treatment provided DATES: Written comments are due by Guatemala. Based on this data, USTR for in the Peru TPA. January 25, 2010. determines that Guatemala’s trade U.S. Note 28(c) to subchapter XXII of ADDRESSES: Submissions via on-line: surplus is 873,884 metric tons. The HTS chapter 98 provides that USTR is http://www.regulations.gov. For specific quantity set out in U.S. Note required to publish annually in the alternatives to on-line submissions 25(b)(ii) to subchapter XXII of HTS Federal Register a determination of the please contact Gloria Blue, Executive chapter 98 for Guatemala for CY2010 is amount of Peru’s trade surplus, by Secretary, Trade Policy Staff Committee 37,740 metric tons. Therefore, in volume, with all sources for goods in HS (TPSC), at (202) 395–3475. accordance with that note, the aggregate subheadings 1701.11, 1701.12, 1701.91, FOR FURTHER INFORMATION CONTACT: For quantity of goods of Guatemala that may 1701.99, 1702.20, 1702.40, and 1702.60, procedural questions concerning written be entered duty-free under subheading except that Peru’s imports of U.S. goods comments, please contact Gloria Blue at 9822.05.20 in CY2010 is 37,740 metric classified under HS subheadings the above number. All other questions tons (i.e., the amount that is the lesser 1702.40 and 1702.60 that are originating regarding the TPP trade agreement of Guatemala’s trade surplus and the goods under the Peru TPA and Peru’s should be directed to David Bisbee, specific quantity set out in that note for exports to the United States of goods Deputy Assistant USTR for Southeast Guatemala for CY2010). classified under HS subheadings During CY2008, the most recent year 1701.11, 1701.12, 1701.91, and 1701.99 Asia and Pacific, at (202) 395–6813. for which data is available, Honduras’ are not included in the calculation of SUPPLEMENTARY INFORMATION: exports of the sugar and syrup goods Peru’s trade surplus. 1. Background and sugar-containing products U.S. Note 28(d) to subchapter XXII of described above exceeded its imports of HTS chapter 98 provides duty-free USTR is observing the relevant those goods by 6,163 metric tons treatment for certain sugar goods of Peru procedures of the Bipartisan Trade according to data published by the entered under subheading 9822.06.10 in Promotion Authority Act of 2002 (19 Banco Central de Honduras. Based on an amount equal to the lesser of Peru’s U.S.C. 3804), which apply to agreements this data, USTR determines that trade surplus or the specific quantity set entered into before July 1, 2007, with Honduras’ trade surplus is 6,163 metric out in that note for that calendar year. respect to notifying and consulting with tons. The specific quantity set out in During CY2008, the most recent year Congress regarding the TPP trade U.S. Note 25(b)(ii) to subchapter XXII of for which data is available, Peru’s agreement negotiations. These HTS chapter 98 for Honduras for imports of the sugar goods described procedures include providing Congress CY2010 is 8,640 metric tons. Therefore, above exceeded its exports of those with 90 days advance written notice of in accordance with that note, the goods by 156,805 metric tons according the President’s intent to enter into aggregate quantity of goods of Honduras to data published by its customs negotiations and consulting with that may be entered duty-free under authority, the Superintendencia appropriate Congressional committees subheading 9822.05.20 in CY2010 is Nacional de Administration Tributaria. regarding the negotiations. To that end, 6,163 metric tons (i.e., the amount that Based on this data, USTR determines on December 14, 2009, after having is the lesser of Honduras’ trade surplus that Peru’s trade surplus is negative. consulted with relevant Congressional and the specific quantity set out in that Therefore, in accordance with U.S. Note committees, the USTR notified Congress note for Honduras for CY2010). 28(d) to subchapter XXII of HTS chapter that the President intends to enter into During CY2008, the most recent year 98, goods of Peru are not eligible to negotiations of the agreement with the for which data is available, Nicaragua’s enter the United States duty-free under TPP countries with the objective of exports of the sugar and syrup goods subheading 9822.06.10 in CY2010. shaping a high-standard, 21st century and sugar-containing products agreement with a membership and described above exceeded its imports of James Murphy, coverage that provides economically those goods by 51,877 metric tons Assistant United States Trade Representative. significant market access opportunities according to data published by the [FR Doc. E9–29858 Filed 12–15–09; 8:45 am] for America’s workers, farmers, Ministerio de Fomento, Industria, y BILLING CODE 3190–W0–P ranchers, service providers, and small Comercio. Based on this data, USTR businesses. Our initial TPP negotiating determines that Nicaragua’s trade partners include Australia, Brunei surplus is 51,877 metric tons. The OFFICE OF THE UNITED STATES Darussalam, Chile, New Zealand, Peru, specific quantity set out in U.S. Note TRADE REPRESENTATIVE Singapore and Vietnam. The U.S. 25(b)(ii) to subchapter XXII of HTS objective is to expand on this initial chapter 98 for Nicaragua for CY2010 is Request for Comments Concerning group to include additional countries 23,760 metric tons. Therefore, in Proposed Trans-Pacific Partnership throughout the Asia-Pacific region. accordance with that note, the aggregate Trade Agreement In addition, under the Trade Act of quantity of goods of Nicaragua that may AGENCY: Office of the United States 1974, as amended (19 U.S.C. 2151, be entered duty-free under subheading Trade Representative (USTR). 2153), in the case of an agreement such 9822.05.20 in CY2010 is 23,760 metric ACTION: Notice of intent to enter into as the proposed TPP trade agreement, tons (i.e., the amount that is the lesser negotiations on a Trans-Pacific the President must (i) afford interested of Nicaragua’s trade surplus and the Partnership (TPP) trade agreement and persons an opportunity to present their specific quantity set out in that note for request for comments. views regarding any matter relevant to Nicaragua for CY2010). the proposed agreement, (ii) designate Peru: Pursuant to section 201 of the SUMMARY: The United States intends to an agency or inter-agency committee to United States—Peru Trade Promotion enter into negotiations on a TPP trade hold a public hearing regarding the Agreement Implementation Act (Pub. L. agreement with the objective of shaping proposed agreement, and (iii) seek the 110–138; 19 U.S.C. 3805 note), a high-standard, broad-based regional advice of the U.S. International Trade Presidential Proclamation No. 8341 of agreement. USTR is seeking public Commission (ITC) regarding the

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66721

probable economic effects on U.S. any of the TPP countries that should be Partnership Trade Agreement.’’ In order industries and consumers of the addressed in the negotiations. to be assured of consideration, removal of tariffs and non-tariff barriers (g) Relevant electronic commerce comments should be submitted by on imports pursuant to the proposed issues that should be addressed in the January 25, 2010. agreement. negotiations. In order to ensure the timely receipt USTR held a public hearing regarding (h) Relevant trade-related intellectual and consideration of comments, USTR the proposed TPP trade agreement on property rights issues that should be strongly encourages commenters to March 4, 2009, and intends to hold addressed in the negotiations. make on-line submissions, using the additional public hearings on specific (i) Relevant investment issues that http://www.regulations.gov Web site. issues pertaining to the proposed should be addressed in the negotiations. Comments should be submitted under negotiations in early 2010. In addition, (j) Relevant competition-related the following docket: USTR–2009–0041. USTR has requested the ITC to provide matters that should be addressed in the To find the docket, enter the docket advice to USTR on the probable negotiations. number in the ‘‘Enter Keyword or ID’’ economic effects of an agreement. (k) Relevant government procurement window at the http:// issues that should be addressed in the www.regulations.gov home page and 2. Public Comments negotiations. click ‘‘Search.’’ The site will provide a The TPSC Chair invites interested (l) Relevant environmental issues that search-results page listing all documents parties to submit written comments to should be addressed in the negotiations. associated with this docket. Find a assist USTR as it develops its (m) Relevant labor issues that should reference to this notice by selecting negotiating objectives for the proposed be addressed in the negotiations. ‘‘Notices’’ under ‘‘Document Type’’ on regional agreement. Comments may In commenting on these matters, the search-results page, and click on the address the reduction or elimination of USTR invites interested parties to take link entitled ‘‘Submit a Comment.’’ (For tariffs or non-tariff barriers on any into account the objective of expanding further information on using the articles provided for in the Harmonized the TPP trade agreement to include www.regulations.gov Web site, please Tariff Schedule of the United States other countries in the Asia-Pacific consult the resources provided on the (HTSUS) that are products of a TPP region. Web site by clicking on the ‘‘Help’’ tab.) country, any concession that should be In addition to the matters described The http://www.regulations.gov Web sought by the United States, or any above, USTR is considering addressing site provides the option of making other matter relevant to the proposed new and emerging issues in this submissions by filling in a comments agreement. The TPSC Chair invites regional agreement. Accordingly, the field, or by attaching a document. USTR comments on all of these matters and, TPSC Chair invites comments on prefers submissions to be provided in an in particular, seeks comments addressed approaches that would promote attached document. If a document is to: innovation and competitiveness, attached, it is sufficient to type ‘‘See (a) General and product-specific encourage new technologies and attached’’ in the ‘‘Type comment & negotiating objectives for the proposed emerging economic sectors, increase the Upload File’’ field. USTR prefers regional agreement. participation of small- and medium- submissions in Microsoft Word (.doc) or (b) Economic costs and benefits to sized businesses in trade, and support Adobe Acrobat (.pdf). If the submission U.S. producers and consumers of the development of efficient production is in an application other than those removal of tariffs and removal or and supply chains that include U.S. two, please indicate the name of the reduction in non-tariff barriers on firms in order to encourage firms to application in the ‘‘Comments’’ field. articles traded with the seven TPP invest and produce in the United States. For any comments submitted countries. The TPSC Chair also invites comments electronically containing business (c) Treatment of specific goods on ways to address other trade-related confidential information, the file name (described by HTSUS numbers) under priorities in this regional agreement, of the business confidential version the proposed regional agreement, including environmental protection and should begin with the characters ‘‘BC’’. including comments on— conservation, transparency, workers Any page containing business (1) Product-specific import or export rights and protections, development, confidential information must be clearly interests or barriers, and other issues. Finally, because the marked ‘‘BUSINESS CONFIDENTIAL’’ (2) Experience with particular TPP trade agreement will be a regional on the top of that page. Filers of measures that should be addressed in agreement, the TPSC Chair also invites submissions containing business the negotiations, and comments on ways to use the agreement confidential information must also (3) Approach to tariff negotiations, to facilitate trade and promote submit a public version of their including recommended staging and regulatory coherence and cooperation comments. The file name of the public ways to address export priorities and within the region. version should begin with the character import sensitivities in the context of this At a later date, USTR, through the ‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be regional agreement. TPSC, will publish notice of reviews followed by the name of the person or (d) Adequacy of existing customs regarding (a) the possible environmental entity submitting the comments or reply measures to ensure that imported goods effects of the proposed agreement and comments. Filers submitting comments originate from the TPP countries, and the scope of the U.S. environmental containing no business confidential appropriate rules of origin for goods review of the proposed agreement, and information should name their file using entering the United States under the (b) the impact of the proposed the character ‘‘P’’, followed by the name proposed regional agreement. agreement on U.S. employment and of the person or entity submitting the (e) Existing sanitary and labor markets. comments. phytosanitary measures and technical Please do not attach separate cover barriers to trade imposed by any of the 3. Requirements for Submissions letters to electronic submissions; rather, TPP countries that should be addressed Persons submitting comments must include any information that might in the negotiations. do so in English and must identify (on appear in a cover letter in the comments (f) Existing barriers to trade in the first page of the submission) the themselves. Similarly, to the extent services between the United States and ‘‘United States—Trans-Pacific possible, please include any exhibits,

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66722 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

annexes, or other attachments in the Mr. Brogan at [email protected], or reporting burdens; (ii) ensure that it same file as the submission itself, not as to Ms. Toone at [email protected]. organizes information collection separate files. Please refer to the assigned OMB control requirements in a ‘‘user friendly’’ format USTR strongly urges submitters to file number in any correspondence to improve the use of such information; comments through regulations.gov, if at submitted. FRA will summarize and (iii) accurately assess the resources all possible. Any alternative comments received in response to this expended to retrieve and produce arrangements must be made with Ms. notice in a subsequent notice and information requested. See 44 U.S.C. Blue in advance of transmitting a include them in its information 3501. comment. Ms. Blue should be contacted collection submission to OMB for Below is a brief summary of currently at (202) 395–3475. General information approval. approved information collection concerning USTR is available at http:// FOR FURTHER INFORMATION CONTACT: Mr. activities that FRA will submit for www.ustr.gov. Robert Brogan, Office of Planning and clearance by OMB as required under the Carmen Suro-Bredie, Evaluation Division, RRS–21, Federal PRA: Railroad Administration, 1200 New OMB Control Number: 2130–0511. Chair, Trade Policy Staff Committee. Title: Designation of Qualified [FR Doc. E9–29841 Filed 12–15–09; 8:45 am] Jersey Ave., SE., Mail Stop 25, Washington, DC 20590 (telephone: (202) Persons. BILLING CODE 3190–W0–P 493–6292) or Ms. Kimberly Toone, Abstract: The collection of Office of Information Technology, RAD– information is used to prevent the 20, Federal Railroad Administration, unsafe movement of defective freight DEPARTMENT OF TRANSPORTATION 1200 New Jersey Ave., SE., Mail Stop cars. Railroads are required to inspect freight cars for compliance and to Federal Railroad Administration 35, Washington, DC 20590 (telephone: (202) 493–6132). (These telephone determine restrictions on the [Docket No. FRA–2009–001–N–28] numbers are not toll-free.) movements of defective cars. The collection of information is used by FRA SUPPLEMENTARY INFORMATION: The Proposed Agency Information to ensure that all freight cars inspections Paperwork Reduction Act of 1995 Collection Activities; Comment are conducted by qualified persons who Request (PRA), Public Law No. 104–13, sec. 2, 109 Stat. 163 (1995) (codified as revised have demonstrated to their employing railroads a knowledge and ability to AGENCY: Federal Railroad at 44 U.S.C. 3501–3520), and its inspect freight cars for compliance with Administration (FRA), Department of implementing regulations, 5 CFR Part this Part, 49 CFR Part 215. Transportation (DOT). 1320, require Federal agencies to Form Number(s): None. ACTION: Notice and request for provide 60-days notice to the public for Affected Public: Businesses. comments. comment on information collection Respondent Universe: 728 railroads. activities before seeking approval for Frequency of Submission: On SUMMARY: In accordance with the reinstatement or renewal by OMB. 44 Paperwork Reduction Act of 1995 and occasion. U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), Total Estimated Annual Burden: 40 its implementing regulations, the 1320.10(e)(1), 1320.12(a). Specifically, hours. Federal Railroad Administration (FRA) FRA invites interested respondents to Total Responses: 1,200. hereby announces that it is seeking comment on the following summary of Type of Request: Extension of a renewal of the following currently proposed information collection Currently Approved Collection. approved information collection activities regarding (i) Whether the Title: Passenger Train Emergency activities. Before submitting these information collection activities are Preparedness. information collection requirements for necessary for FRA to properly execute OMB Control Number: 2130–0545. clearance by the Office of Management its functions, including whether the Abstract: The collection of and Budget (OMB), FRA is soliciting activities will have practical utility; (ii) information is due to the passenger train public comment on specific aspects of the accuracy of FRA’s estimates of the emergency preparedness regulations set the activities identified below. burden of the information collection forth in 49 CFR Parts 223 and 239 which DATES: Comments must be received no activities, including the validity of the require railroads to meet minimum later than February 16, 2010. methodology and assumptions used to Federal standards for the preparation, ADDRESSES: Submit written comments determine the estimates; (iii) ways for adoption, and implementation of on any or all of the following proposed FRA to enhance the quality, utility, and emergency preparedness plans activities by mail to either: Mr. Robert clarity of the information being connected with the operation of Brogan, Office of Safety, Planning and collected; and (iv) ways for FRA to passenger trains, including freight Evaluation Division, RRS–21, Federal minimize the burden of information railroads hosting operations of rail Railroad Administration, 1200 New collection activities on the public by passenger service. The regulations Jersey Ave., SE., Mail Stop 25, automated, electronic, mechanical, or require luminescent or lighted Washington, DC 20590, or Ms. Kimberly other technological collection emergency markings so that passengers Toone, Office of Information techniques or other forms of information and emergency responders can readily Technology, RAD–20, Federal Railroad technology (e.g., permitting electronic determine where the closest and most Administration, 1200 New Jersey Ave., submission of responses). See 44 U.S.C. accessible exit routes are located and SE., Mail Stop 35, Washington, DC 3506(c)(2)(A)(i)–(iv); 5 CFR how the emergency exit mechanisms are 20590. Commenters requesting FRA to 1320.8(d)(1)(i)–(iv). FRA believes that operated. Windows and doors intended acknowledge receipt of their respective soliciting public comment will promote for emergency access by responders for comments must include a self-addressed its efforts to reduce the administrative extrication of passengers must be stamped postcard stating, ‘‘Comments and paperwork burdens associated with marked with retro-reflective material so on OMB control number 2130lll.’’ the collection of information mandated that emergency responders, particularly Alternatively, comments may be by Federal regulations. In summary, in conditions of poor visibility, can transmitted via facsimile to (202) 493– FRA reasons that comments received easily distinguish them from the less 6216 or (202) 493–6497, or via E-mail to will advance three objectives: (i) Reduce accessible doors and windows. Records

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66723

of the inspection, maintenance and efficiency tests, will be used to ensure Respondent Universe: 22 railroads. repairs of emergency windows and door compliance with the regulations. Frequency of Submission: On exits, as well as records of operational Affected Public: Businesses. occasion.

REPORTING BURDEN

Total annual CFR Section Respondent universe Total annual responses Average time per response burden hours

223.9(d); 239.107—Marking 22 railroads ...... 4,575 decals/1,950 decals ..... 5 minutes/10 minutes ...... 706 of Emergency Exits. —Marking door and window 22 railroads ...... 6,320/1,300 decals ...... 5 min./10 min...... 744 exits w clear instructions...... 22 railroads ...... 1,800 window rcds ...... 20 minutes ...... 600 239.101, 239.201—Filing of 3 railroads ...... 1 plan ...... 158 hours ...... 158 Emergency Preparedness Plan. —Amendments to Emergency 2 railroads ...... 1 amendment ...... 2 hours ...... 2 Plans. 239.101(ii)—Maintenance of 22 railroads ...... 2 records/lists ...... 1 hour ...... 2 Current Emergency Phone Numbers. —Subsequent Years ...... 22 railroads ...... 25 records/lists ...... 30 minutes ...... 13 239.101(a)(3)—Joint Oper- 50 railroad pairs ...... 50 plans ...... 16 hours ...... 800 ations. —Subsequent Years ...... 1 railroad pair ...... 1 plan ...... 16 hours ...... 16 239.101(a)(5)—Liaison with 3 railroads ...... 1 plan ...... 40 hours ...... 40 Emergency Responders. —Subsequent Years ...... 22 railroads ...... 22 updated plans ...... 40 hours ...... 880 239.101(a)(7)(ii) Passenger 3 new railroads/3 commuter 1,300 cards/3 progs./3 safety 5 min./16 hrs./48 hrs./8 hrs./ 396 Safety Information. railroads. messages/3 progs./3 safety 24 hrs. messages. 239.105—Debriefing and Cri- 22 railroads ...... 39 debrief sess ...... 27 hours ...... 1,053 tique. 239.301—Operational Effi- 22 railroads ...... 22,000 tests/rcds ...... 15 minutes ...... 5,500 ciency Tests.

Total Responses: 39,399. DEPARTMENT OF TRANSPORTATION Web site: For access to the docket to Estimated Total Annual Burden: read background documents or Federal Highway Administration 10,910 hours. comments received go to the Federal eRulemaking Portal: http:// [Docket No. FHWA–2009–0133] Status: Extension of a Currently www.regulations.gov. Follow the online Approved Collection. Agency Information Collection instructions for submitting comments. Pursuant to 44 U.S.C. 3507(a) and 5 Activities: Notice of Request for Fax: 1–202–493–2251. CFR 1320.5(b), 1320.8(b)(3)(vi), FRA Extension of Currently Approved Mail: Docket Management Facility, informs all interested parties that it may Information Collection Titled: Federal U.S. Department of Transportation, not conduct or sponsor, and a Lands Highway Program West Building Ground Floor, Room respondent is not required to respond W12–140, 1200 New Jersey Avenue, SE., to, a collection of information unless it AGENCY: Federal Highway Washington, DC 20590–0001. displays a currently valid OMB control Administration (FHWA), DOT. Hand Delivery or Courier: U.S. number. ACTION: Notice and request for Department of Transportation, West comments. Authority: 44 U.S.C. 3501–3520. Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., SUMMARY: The FHWA invites public Issued in Washington, DC, on December Washington, DC 20590, between 9 a.m. comments about our intention to request 10, 2009. and 5 p.m., Monday through Friday, the Office of Management and Budget’s Kimberly Coronel, except Federal holidays. (OMB) approval for renewal of an Director, Office of Financial Management, existing information collection that is FOR FURTHER INFORMATION CONTACT: Gye Federal Railroad Administration. summarized below under Aung, 202–366–2167, Office of Federal [FR Doc. E9–29844 Filed 12–15–09; 8:45 am] Supplementary Information. We are Lands Highway, Federal Highway BILLING CODE 4910–06–P required to publish this notice in the Administration, Department of Federal Register by the Paperwork Transportation, East Building, Room Reduction Act of 1995. E61 339, 1200 New Jersey Avenue, SE., DATES: Please submit comments by Washington, DC 20590. Office hours are (please insert date 60 days from from 8 a.m. to 5 p.m., Monday through published date). Friday, except Federal holidays. ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION: identified by DOT Docket ID Number Title: Federal Lands Highway FHWA–2009–0133, by any of the Program. following methods: OMB Control #: 2125–0598.

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66724 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

Background: Title 23 U.S.C. 204 in differences among the agencies in the FS management systems—35 States requires the Secretary of Transportation expected number of respondents to the and 50 MPOs, regional transportation and the Secretary of each appropriate information collection, and in the planning agencies, counties, local or Federal land management agency to anticipated time necessary to respond to tribal governments. develop, to the extent appropriate, the information collection. Frequency: Annual. safety, bridge, pavement, and congestion Typical information that might be Estimated Average Annual Burden management systems for roads funded collected for the management systems per Response: under the Federal Lands Highway includes: NPS management systems— Approximately 40 hours per Program (FLHP). A management system • is a process for collecting, organizing, Traffic information including respondent. and analyzing data to provide a strategic volumes, speeds, and vehicle BIA management systems— classification; Approximately 60 hours per approach to transportation planning, • program development, and project Pavement features such as number respondent. selection. Its purposes are to improve of lanes, length, width, surface type, FWS management systems— transportation system performance and functional classification, and shoulder Approximately 20 hours per safety, and to develop alternative information; and pavement condition respondent. strategies for enhancing mobility of information such as roughness, distress, FS management systems— people and goods. This data collection rutting, and surface friction; Approximately 60 hours per • clearance addresses the management Bridge features such as deck width, respondent. systems for the National Park Service under/over-clearance, details of Estimated Total Annual Burden (NPS) and the Park Roads and Parkways structural elements such as girders, Hours: Total estimated average annual (PRP) Program; Bureau of Indian Affairs joints, railings, bearings, abutments, and burden is 14,700 hours. (BIA) and the Indian Reservation Roads piers; and information on the condition Public Comments Invited: You are (IRR) Program; Fish and Wildlife of the bridge elements sufficient to asked to comment on any aspect of this Service (FWS) and the Refuge Roads describe the nature, extent, and severity information collection, including: (1) (RR) Program; and Forest Service (FS) of deterioration; Whether the proposed collection is and the Forest Highway (FH) Program. • Safety information such as crash necessary for the FHWA’s performance; Outputs from the management records, crash rates, and an inventory of (2) the accuracy of the estimated systems are important tools for the safety appurtenances such as signs and burdens; (3) ways for the FHWA to development of transportation plans guardrails; or enhance the quality, usefulness, and and transportation improvement • Congestion measures such as clarity of the collected information; and programs, and in making project roadway level of service or travel delay. (4) ways that the burden could be minimized, including the use of selection decisions consistent with 23 Respondents to the information electronic technology, without reducing U.S.C. 204. Further, management system collection might be collecting and the quality of the collected information. outputs also provide important submitting information in one or more The agency will summarize and/or information to the FHWA for their of these categories for the portion of include your comments in the request stewardship and oversight roles for the their transportation system that is for OMB’s clearance of this information Park Roads and Parkways, Indian covered under the FLHP. For example, collection. Reservation Roads, Refuge Roads, and this might include the collection and Forest Highway Programs. The data submission of these types of information Authority: The Paperwork Reduction Act collection required to implement these for State or county-owned roads that are of 1995; 44 U.S.C. Chapter 35, as amended; management systems supports the DOT Forest Highways or Indian Reservation and 49 CFR 1.48. Strategic Plan. The proposed data Roads owned by Indian Tribal Issued on: December 9, 2009. collection also directly supports the Governments. Typically, the Judith Kane, FHWA’s Initiatives of Safety, respondents would collect information Acting Chief, Management Programs and Congestion Mitigation, and each year on a portion of their system. Analysis Division. Environmental Stewardship and Burden estimates have been developed [FR Doc. E9–29886 Filed 12–15–09; 8:45 am] Streamlining that represent the three using this assumption combined with BILLING CODE 4910–22–P important strategic planning and an estimate of the time needed to collect performance goals for the agency. and provide the information. The National Park Service, Bureau of DEPARTMENT OF TRANSPORTATION Indian Affairs, Fish and Wildlife Respondents: The estimated average annual number of respondents for the Service, and Forest Service are Federal Highway Administration continuing to implement the required management systems for each of the management systems and the associated agencies addressed by this information [Docket No. FHWA–2009–0132] information collections. Completion of collection is: this phase-in of the management NPS management systems—35 States Agency Information Collection systems is expected to occur during the and 40 Metropolitan Planning Activities: Notice of Request for time period covered by this information Organizations (MPOs), regional Extension of Currently Approved collection, and the average annual transportation planning agencies, Information Collection Titled: burden estimates are based on expected counties, local or tribal governments. Developing and Recording Costs for increases in the overall burden over that BIA management systems—35 States Railroad Adjustments time period. The management systems and 50 MPOs, regional transportation AGENCY: Federal Highway vary in complexity among the four planning agencies, counties, local or Administration (FHWA), DOT. agencies and reflect differences in the tribal governments. ACTION: Notice and request for characteristics of the transportation FWS management systems—35 States comments. systems involved such as size, and 40 MPOs, regional transportation ownership, and eligibility for inclusion planning agencies, counties, local or SUMMARY: The FHWA invites public in the program. These variations result tribal governments. comments about our intention to request

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66725

the Office of Management and Budget’s average of 10 railroad/highway projects Natural Gas Deepwater Port license (OMB) approval for renewal of an per year, total frequency is 1,350 application. Comments on the DSEIS are existing information collection, which is railroad adjustments. due by January 4, 2010, 45 days from summarized below under Frequency: Annually. issuance of the DSEIS. Please note that SUPPLEMENTARY INFORMATION. We are Estimated Average Burden per the DSEIS contained two references to a required to publish this notice in the Response: The average number of hours 30 day comment period, which should Federal Register by the Paperwork required to calculate the railroad be corrected as follows: (1) On the front Reduction Act of 1995. adjustment costs and maintain the signature page of the BOET DSEIS, the DATES: Please submit comments by required records per adjustment is 12 correct date by which comments must February 16, 2010. hours. be received should be January 4, 2010; Estimated Total Annual Burden ADDRESSES: You may submit comments (2) on page 1–10, the correct duration of Hours: The FHWA estimates that the identified by DOT Docket ID Number the comment period should be 45 days. total annual burden imposed on the FHWA–2009–00132, by any of the DATES: The date of the public meeting is public by this collection is 16,200 following methods: unchanged. The public meeting will be hours. Web site: For access to the docket to held on December 9, 2009 in Mobile, Public Comments Invited: You are Alabama. The public meeting will be read background documents or asked to comment on any aspect of this comments received go to the Federal held from 6 p.m. to 8 p.m. and will be information collection, including: (1) preceded by an informational open eRulemaking Portal: http:// Whether the proposed collection is www.regulations.gov. Follow the online house from 5 p.m. to 6 p.m. Depending necessary for the FHWA’s performance; on the number of persons wishing to instructions for submitting comments. (2) the accuracy of the estimated Fax: 1–202–493–2251. speak, the public meeting may end later burdens; (3) ways for the FHWA to Mail: Docket Management Facility, than the stated time. enhance the quality, usefulness, and U.S. Department of Transportation, Material submitted in response to the clarity of the collected information; and West Building Ground Floor, Room request for comments on the DSEIS and (4) ways that the burden could be W12–140, 1200 New Jersey Avenue, SE., application must reach the Docket minimized, including the use of Washington, DC 20590–0001. Management Facility by January 4, Hand Delivery or Courier: U.S. electronic technology, without reducing 2010. the quality of the collected information. Department of Transportation, West ADDRESSES: The open house and public Building Ground Floor, Room W12–140, The agency will summarize and/or include your comments in the request meeting in Mobile will be held at the 1200 New Jersey Avenue, SE., Mobile Convention Center, One South Washington, DC 20590, between 9 a.m. for OMB’s clearance of this information collection. Water Street, Mobile, Alabama 36602; and 5 p.m., Monday through Friday, telephone: 251–208–2100. except Federal holidays. Authority: 23 U.S.C. 121, 130; 23 CFR 140 The DSEIS, the application, Subpart I; the Paperwork Reduction Act of FOR FURTHER INFORMATION CONTACT: Ken comments and associated 1995; 44 U.S.C. Chapter 35, as amended; and Epstein, 202–366–2157, Office of Safety 49 CFR 1.48. documentation are available for viewing Design, Federal Highway at the Federal Docket Management Administration, Department of Issued on: December 9, 2009. System Web site: http:// Transportation, East Building, Room Judith Kane, www.regulations.gov under docket E71–113, 1200 New Jersey Avenue, SE., Acting Chief, Management Programs and number USCG–2006–24644. Washington, DC 20590. Office hours are Analysis Division. Docket submissions for USCG–2006– from 8 a.m. to 5 p.m., Monday through [FR Doc. E9–29887 Filed 12–15–09; 8:45 am] 24644 should be addressed to: Friday, except Federal holidays. BILLING CODE 4910–22–P Department of Transportation, Docket SUPPLEMENTARY INFORMATION: Management Facility, West Building, Title: Developing and Recording Costs Ground Floor, Room W12–140, 1200 DEPARTMENT OF TRANSPORTATION for Railroad Adjustments. New Jersey Avenue, SE., Washington, DC 20590–0001. OMB Control #: 2125–0521. Maritime Administration Background: Under 23 U.S.C. 130, the The Docket Management Facility FHWA reimburses the State highway [USCG–2006–24644] accepts hand-delivered submissions, agencies when they have paid for the and makes docket contents available for cost of projects that (1) eliminate TORP Terminal LP, Bienville Offshore public inspection and copying at this hazards at railroad/highway crossings, Energy Terminal Liquefied Natural Gas address between 9 a.m. and 5 p.m., or (2) adjust railroad facilities to Deepwater Port License Application; Monday through Friday, except Federal accommodate the construction of Preparation of Supplemental holidays. The Facility telephone highway projects. The FHWA requires Environmental Impact Statement number is 202–366–9329, the fax the railroad companies to document AGENCY: Maritime Administration, DOT. number is 202–493–2251, and the Web site for electronic submissions or for their costs incurred for adjusting their ACTION: Notice of availability; Notice of electronic access to docket contents is facilities. The railroad companies must public meeting; Request for comments; http://www.regulations.gov. have a system for recording labor, Correction. materials, supplies, and equipment FOR FURTHER INFORMATION CONTACT: Mr. costs incurred when undertaking the SUMMARY: On November 20, 2009, the Patrick Marchman, Maritime necessary railroad work. This record of Maritime Administration, in Administration, telephone: 202–366– costs forms the basis for payment by the cooperation with the U.S. Coast Guard, 8805, email: State highway agency to the railroad published in the Federal Register a [email protected]; or Mr. company, and in turn FHWA Notice of Availability of the Draft Linden Houston, Maritime reimburses the State for its payment to Supplemental Environmental Impact Administration, telephone: 202–366– the railroad company. Statement (DSEIS) for the amended 4839, e-mail: [email protected]. Respondents: Approximately 135 TORP Terminal LP Bienville Offshore If you have questions on viewing the railroad companies are involved in an Energy Terminal (BOET) Liquefied docket, call Renee V. Wright, Program

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66726 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

Manager, Docket Operations, telephone remaining lands, totaling approximately Conservation), Zone 5 (Industrial), Zone 202–493–0402. 1,609 acres, have never been planned. 6 (Developed Recreation), and Zone 7 (Authority 49 CFR 1.66) TVA prepared this EIS to assess the (Shoreline Access). Thus, complete potential environmental impacts of alignment with current TVA policies By order of the Maritime Administrator. implementing the ‘‘Mountain Reservoirs and guidelines would not occur. Dated: December 7, 2009. Land Management Plan.’’ Under Alternative B, the Proposed Christine Gurland, TVA published a notice of intent to Land Use Plan Alternative, TVA would Secretary, Maritime Administration. prepare this EIS in the Federal Register adopt a new land management plan [FR Doc. E9–29533 Filed 12–15–09; 8:45 am] (72 FR 30657, June 1, 2007). A public based on the current reservoir land BILLING CODE 4910–81–P scoping meeting was held on June 21, planning process and zone allocation 2007, at the North Georgia Technical definitions to guide future land use College in Blairsville, Georgia, and was decisions. In addition to the 4,664 acres TENNESSEE VALLEY AUTHORITY attended by 83 people. Scoping previously planned under the Forecast comments were received from the U.S. System, 1,609 acres in 231 parcels that Mountain Reservoirs Land Fish and Wildlife Service, 11 State or have not been planned would be Management Plan, Chatuge, Hiwassee, local agencies, the Eastern Band of the allocated. Allocations for these parcels Blue Ridge, Nottely, Ocoees 1, 2, and Cherokee Indians, the Blue Ridge would be based on existing land uses. 3, Apalachia, and Fontana Reservoirs, Mountain Electric Membership Under Alternative C, the Proposed Georgia, North Carolina, and Corporation, and a number of Modified Land Use Plan Alternative, Tennessee individuals. TVA received 473 scoping parcel allocations would be the same as comments from the public. The notice those proposed under Alternative B for AGENCY: Tennessee Valley Authority of availability of the draft EIS was 351 of 360 parcels (i.e., 6,168 of the total (TVA). published in the Federal Register (73 6,273 acres). Alternative C differs from ACTION: Issuance of Record of Decision FR 47949, Aug. 15, 2008). Comments on Alternative B in that additional lands (ROD). the draft EIS were received from three would be allocated for Developed Recreation and Industrial uses on SUMMARY: This notice is provided in Federal agencies, eight State agencies, accordance with the Council on one local agency, two local Chatuge and Hiwassee reservoirs. These Environmental Quality’s regulations (40 governments, seven citizens’ allocations, which were developed in CFR parts 1500 through 1508) and organizations, and 575 individuals. The response to proposals received during TVA’s procedures for implementing the notice of availability of the final EIS was the scoping process, affect 101.6 acres National Environmental Policy Act published in the Federal Register (74 on four parcels on Chatuge Reservoir (NEPA). TVA has decided to implement FR 39698, Aug. 7, 2009). and 4.0 acres on two parcels on Hiwassee Reservoir. Allocations for the Alternative D—the Blended Alternative, Alternatives Considered the preferred alternative identified in its other parcels on Chatuge and Hiwassee, TVA identified four alternatives in the final environmental impact statement as well as all parcels on the remaining EIS. mountain reservoirs, would be the same (EIS), ‘‘Mountain Reservoirs Land Under Alternative A, the No Action/ as those proposed under Alternative B. Management Plan.’’ Forecast System Alternative, TVA TVA developed Alternative D, the FOR FURTHER INFORMATION CONTACT: would continue to use its existing Blended Alternative, following release James F. Williamson Jr., Senior NEPA Forecast System designations to manage of the draft EIS. This alternative is a Specialist, Environmental Permitting 4,664 acres (of a total of approximately mixture of Alternatives B and C. and Compliance, Tennessee Valley 6,273 acres) on the nine mountain Alternative D differs from Alternative B Authority, 400 West Summit Hill Drive, reservoirs. Under the Forecast System, in that an additional 6.1 acres on WT 11D, Knoxville, Tennessee 37902– parcels were assigned to one of 13 Chatuge Reservoir and 1.6 acres on 1401; telephone (865) 632–6418 or e- categories: Dam Reservation, Public Hiwassee Reservoir would be allocated mail [email protected]. Recreation, Reservoir Operations to development-oriented uses (i.e., SUPPLEMENTARY INFORMATION: In order to (Islands), Reservoir Operations Developed Recreation). Compared to protect the integrated operation of the (Mainland), Power Transmission and Alternative C, Alternative D involves TVA reservoir and power systems, to Power Needs, Commercial Recreation, the allocation of two parcels for more provide opportunities for public access Minor Commercial Landings, Industrial, developed uses (i.e., Developed and use of the reservoir system, and to Navigation Safety Harbors or Landings, Recreation); whereas, Alternative C facilitate economic growth in the Forestry Research, Steam Plant Study, involves six parcels being allocated for Tennessee Valley, TVA develops Wildlife Management, and Small Wild recreation and industrial uses. comprehensive plans for the Areas. Under Alternative A, management of lands associated with its approximately 1,609 acres of TVA Comments on the Final EIS reservoir projects. TVA has developed mountain reservoirs lands unplanned The North Carolina Department of the ‘‘Mountain Reservoirs Land under the Forecast System, including all Environment and Natural Resources Management Plan’’ to guide TVA-owned Fontana Reservoir lands, (NCDENR) commented on the final EIS management on the following would continue to be managed that several rare aquatic species inhabit reservoirs: Chatuge, Hiwassee, Blue according to existing land use the area near Parcels 34 and 49 on Ridge, Nottely, Ocoees 1, 2, and 3, agreements, TVA’s Shoreline Hiwassee Reservoir. Should these Apalachia, and Fontana. All public Management Policy, and TVA’s Land parcels be allocated for Developed lands under TVA control on these Policy. However, the unplanned parcels Recreation, NCDENR recommended the reservoirs, i.e., 6,273 acres, were would not be allocated to a current land use of strict erosion and sedimentation included in the planning process. use zone under this alternative. The control during construction of any Approximately three-fourths of this land currently used allocations include Zone recreational facilities and the use of area (4,664 acres) was planned 1 (Non-TVA Shoreland), Zone 2 (Project appropriate signage for public education previously under the Forecast System, Operations), Zone 3 (Sensitive Resource regarding species occurring in the which was developed in the 1960s. The Management), Zone 4 (Natural Resource Hiwassee River. Under the preferred

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices 66727

alternative, i.e., Alternative D, Hiwassee by the TVA Board of Directors or its access. Other potential sites off reservoir Parcel 34 would be allocated to Zone 4 designee, pending the completion of an (i.e., on private property) would not (Natural Resource Conservation). Under appropriate environmental review. TVA necessarily be suitable for providing Alternative D, Parcel 49 would be would involve the public appropriately such recreational amenities. Approval of allocated to Zone 6 (Developed during any environmental review for a developed recreational use of this parcel Recreation) in anticipation of a request parcel reallocation. would be subject to TVA Board from the Town of Murphy for use of this EPA also encouraged TVA to facilitate approval pending completion of an parcel to extend and make further the development of a watershed appropriate environmental review. improvements to the Heritage Riverwalk management plan for each mountain Implementation of measures to prevent Trail. TVA would consider developed reservoir. TVA partnered with the adverse effects to water quality would recreational uses for Parcel 49 through Hiwassee River Watershed Coalition to likely be a condition of that approval. At its land use application process. develop the ‘‘Lake Chatuge Watershed this time, TVA has not received a formal Considerations of applications for Action Plan,’’ which was completed in land use request for Parcel 52. landrights allowing recreation use 2007. The other mountain reservoirs do EPA requested that the ROD further require completion of a recreation- not have similar watershed action plans address cumulative effects relative to specific review and an environmental in place. However, TVA monitors the proposed land allocations and review under NEPA. Any necessary ecological indicators of reservoir health parcel use requests, focusing on the mitigation, such as implementing and water quality on all of its reservoirs, selected alternative. TVA recognizes measures to prevent erosion and including the mountain reservoirs, and that some long-term environmental sedimentation, would be identified in encourages citizen-led organizations to changes are likely on the mountain that environmental review, and develop plans to improve reservoir reservoirs, primarily on Nottely, Blue implementation of such measures water quality. Ridge, and Chatuge, due to the amount would be conditions of approval by the EPA expressed concerns about of residential development around these TVA Board of Directors or its designee. mitigation measures to minimize reservoirs. Such development can developmental impacts of shoreline potentially affect reservoir water The U.S. Environmental Protection amenities on Hiwassee Parcel 34 and quality. Parcel allocations under Agency (EPA) also commented on the Chatuge Parcel 52 and questioned Alternative B essentially represent the final EIS. EPA asked for clarification whether such amenities could be current situation in that allocations regarding whether a parcel could be located on brownfield sites rather than reflect the current land use on the reallocated based on a land use request on these greenfield sites. Under respective parcels. Allocations under for that parcel that is inconsistent with Alternative C, Hiwassee Parcel 34 Alternative D, the preferred alternative, its allocation under the current plan. would be allocated to Zone 6 would differ from those under TVA’s land planning efforts, including (Developed Recreation). This allocation Alternative B on two parcels, totaling the ‘‘Mountain Reservoirs Land was based on a proposal to use this 7.7 acres out of a total of 6,273 acres. Management Plan,’’ are designed to parcel for stream access to the Hiwassee The two parcels involved, Chatuge allocate shoreline parcels to land uses River for wade fishing. Approvals of Parcel 52 and Hiwassee Parcel 49, based on that parcel’s current land use such proposed uses of TVA land are would be allocated for Developed as well as its suitability and capability subject to completion of an appropriate Recreation under Alternative D. for future uses. These plans serve as environmental review. TVA routinely Although use of these parcels for guidelines to direct future use of requires the implementation of Developed Recreation would have some shoreline properties by TVA or by other measures to control erosion and runoff environmental effects, these are not parties under land use agreements. as conditions of approval. The nearest expected to be significant with respect Under the ‘‘Mountain Reservoirs Land parcel allocated to Zone 6 is Hiwassee to either parcel. The placement of any Management Plan,’’ any land use Parcel 25, which is approximately a necessary measures to prevent water request that is obviously inconsistent mile from Parcel 34. The Murphy boat quality degradation would likely be and incompatible with a parcel’s launch ramp is located on Parcel 25. imposed as conditions of TVA’s allocation would most likely be rejected. Under Alternative B and Alternative D approval of the requested land use. The However, TVA could consider the (the preferred alternative), Hiwassee additional recreational opportunities reallocation of a parcel under certain Parcel 34 would be allocated to Zone 4 afforded by these amenities are not limited circumstances. For example, (Natural Resource Conservation). Under expected to affect local population TVA’s Land Policy provides that TVA this allocation, limited development growth on Chatuge or Hiwassee will consider changing a land use consistent with dispersed recreational reservoir. Thus, implementation of designation outside of the normal use of Parcel 34 would be allowed. Alternative D is not expected to cause planning process only for water-access Additionally, Parcel 46 (allocated to any measurable cumulative purposes for industrial or commercial Sensitive Resource Management) environmental effects. recreation operations on privately provides an approximate 50-foot buffer The Tribal Historic Preservation owned back-lying land or to implement between Parcel 34 and the Hiwassee Officer of the Seminole Tribe of Florida TVA’s Shoreline Management Policy. River. The 6.1-acre Parcel 52 on Chatuge requested a cultural resource assessment Additionally, discovery of deeded rights Reservoir would be allocated to Zone 6 survey for the remainder of the project that were previously overlooked or (Developed Recreation) under area. A comprehensive cultural misinterpreted could necessitate a Alternatives C and D in response to resources survey of all TVA-managed possible change in allocation to interest expressed by Towns County, the land on the mountain reservoirs is not accurately reflect those rights, as land City of Hiwassee, and the Georgia feasible at this time due to the extensive plans do not take precedence over such Department of Natural Resources to use amount of land involved. However, legal rights. In such circumstances, TVA the parcel for recreation purposes, before undertaking any land-disturbing could reallocate the subject parcel, including a boat ramp, fishing piers, and action or prior to allowing any such facilitating a potential change in land other water-based recreational uses. activities, TVA would conduct a use. However, such a change in This parcel is suited for this purpose cultural resources survey, including a allocation would be subject to approval due to its topography and available survey of archaeological sites, on the

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 66728 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices

subject properties in accordance with Environmentally Preferred Alternative parcels would afford additional local the requirements of the National recreational opportunities. Historic Preservation Act. Under Alternative B, parcel allocations were made based on the Mitigation Decision current land uses for each parcel. Thus, No specific mitigation measures were inasmuch as there would be essentially TVA has decided to implement identified to reduce potential no future change under Alternative B in environmental effects. However, before Alternative D, the Blended Alternative. any parcel’s land use from its current taking actions that could result in Under this alternative, the land use zone status, this alternative is the adverse environmental effects or allocations would provide public environmentally preferred alternative. allowing such actions to occur on benefits while balancing competing However, implementation of Alternative properties it controls, TVA would demands for the use of public lands. D, TVA’s preferred alternative, would perform an appropriate site-specific Significant resources, including involve the same parcel allocations on environmental review to determine threatened and endangered species, 358 of the total 360 parcels. Under necessary mitigative measures or cultural resources, wetlands, unique Alternative D, the 6.1-acre Chatuge precautions. habitats, water quality, and visual Parcel 52 and the 1.6-acre Hiwassee Dated: December 7, 2009. character of the reservoirs, would be Parcel 49 would be allocated for protected under the allocations possible developed recreational use. Janet C. Herrin, prescribed under Alternative D. Such allocations are not expected to Senior Vice President, River Operations. result in adverse environmental effects. [FR Doc. E9–29868 Filed 12–15–09; 8:45 am] Recreational allocations on these two BILLING CODE 8120–08–P

VerDate Nov<24>2008 16:18 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1 srobinson on DSKHWCL6B1PROD with NOTICES Wednesday, December 16, 2009

Part II

Department of Transportation Federal Highway Administration

23 CFR Part 655 National Standards for Traffic Control Devices; the Manual on Uniform Traffic Control Devices for Streets and Highways; Revision; Final Rule

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66730 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION document may also be downloaded by discussion of significant comments from the Office of the Federal Register’s and adopted changes in each of the Federal Highway Administration home page at: http://www.archives.gov individual Parts of the MUTCD. All of and the Government Printing Office’s the items discussed below were 23 CFR Part 655 Web page at: http:// proposed in the NPA unless otherwise [FHWA Docket No. FHWA–2007–28977] www.access.gpo.gov/nara. indicated. RIN 2125–AF22 Background Discussion of General Amendments to On January 2, 2008, at 73 FR 268, the the MUTCD National Standards for Traffic Control FHWA published an NPA proposing 1. The FHWA received several general Devices; the Manual on Uniform Traffic revisions to the MUTCD. Those changes comments from State DOTs, local Control Devices for Streets and were proposed to be designated as the agencies, associations, and citizens Highways; Revision next edition of the MUTCD. Interested regarding the NPA. Two local agencies, persons were invited to submit AGENCY: Federal Highway a traffic control device vendor, an Administration (FHWA), (DOT). comments to FHWA Docket No. FHWA– association, and two citizens expressed 2007–28977. Based on the comments ACTION: Final rule. general support for the changes in the received and its own experience, the MUTCD, such as incorporating into the SUMMARY: The Manual on Uniform FHWA is issuing a final rule and is MUTCD recommendations of the Older Traffic Control Devices for Streets and designating the MUTCD, with these Driver Handbook, the Synthesis of Non- Highways (MUTCD) (also referred to as changes incorporated, as the 2009 MUTCD Traffic Signs, and new ‘‘the Manual’’) is incorporated by Edition of the MUTCD. technologies. In addition to the overall reference within our regulations, The text of the 2009 Edition of the general comments, some of the approved by the Federal Highway MUTCD, with these final rule changes commenters had specific comments that Administration, and recognized as the incorporated, and documents showing relate to the entire MUTCD. Those national standard for traffic control the adopted changes from the 2003 topics that the FHWA considers to be devices used on all public roads. The Edition, are available for inspection and substantive and non-editorial in nature purpose of this final rule is to revise copying, as prescribed in 49 CFR part 7, are discussed in the following items at the FHWA Office of Transportation standards, guidance, options, and within this section. Operations (HOTO–1), 1200 New Jersey supporting information relating to the 2. The NCUTCD submitted a letter Avenue, SE., Washington, DC 20590. traffic control devices in all parts of the suggesting that the FHWA issue a Furthermore, the text of the 2009 MUTCD to expedite traffic, promote supplemental notice of proposed Edition of the MUTCD, with these final uniformity, improve safety, and rule changes incorporated, and amendments (SNPA). Fourteen State incorporate technology advances in documents showing the adopted DOTs, AASHTO, and the Chair of the traffic control device application. The changes from the 2003 Edition, are NCUTCD submitted duplicate copies of MUTCD, with these changes available on the FHWA’s MUTCD the NCUTCD’s letter in support of an incorporated, is being designated as the Internet site http://mutcd.fhwa.dot.gov. SNPA. In addition, three State DOTs, a 2009 Edition of the MUTCD. The previous version of the MUTCD, the county DOT, an NCUTCD member, and DATES: Effective Date: This final rule is 2003 MUTCD with Revisions 1 and 2 a traffic engineering consultant also effective January 15, 2010. The incorporated, is also available on this stated support for the NCUTCD’s letter. incorporation by reference of the Internet site. The 2009 Edition The NCUTCD’s letter included the publication listed in this regulation is supersedes all previous editions and following statements in support of an approved by the Director of the Office revisions of the MUTCD. SNPA: of the Federal Register as of January 15, 1. The NPA did not include a 2010. Summary of Comments quantified assessment of the economic FOR FURTHER INFORMATION CONTACT: Mr. The FHWA received 1,841 letters impacts of the proposed changes on Hari Kalla, Office of Transportation submitted to the docket, containing over public agencies and the private sector. Operations, (202) 366–5915; or Mr. 15,000 individual comments on the 2. More details are needed regarding Raymond Cuprill, Office of the Chief MUTCD in general or on one or more some of the proposed changes and some Counsel, (202) 366–0791, Federal parts, chapters, sections, or paragraphs of the proposed changes need to be Highway Administration, 1200 New contained in the MUTCD. The National reorganized or reformatted. Jersey Ave., SE., Washington, DC 20590. Committee on Uniform Traffic Control 3. The extent of the proposed changes Office hours are from 7:45 a.m. to 4:15 Devices (NCUTCD), State Departments and the number of expected comments p.m., e.t., Monday through Friday, of Transportation (DOTs), city and is such that the final rule would be except Federal holidays. county government agencies, Federal significantly different from the NPA SUPPLEMENTARY INFORMATION: government agencies, consulting firms, version, and would therefore constitute private industry, associations, other a new document which should be Electronic Access organizations, and individual private reviewed as an SNPA prior to becoming This document, the notice of citizens submitted comments. The a final rule. proposed amendments (NPA), and all FHWA has reviewed and analyzed all of 4. Because of the interconnectivity comments received may be viewed the comments received. The NCUTCD between the language in the various online through the Federal eRulemaking comments included support for all sections, chapters, and parts, a change portal at: http://www.regulations.gov. items in the NPA except as otherwise in one section might have impacts on Electronic submission and retrieval help indicated. The significant comments multiple other sections. Therefore, an and guidelines are available under the and summaries of the FHWA’s analyses SNPA is needed in order to have the help section of the Web site. It is and determinations are discussed opportunity to review additional available 24 hours each day, 365 days below. General comments and changes resulting from responses to each year. Please follow the significant global changes throughout comments to assess whether they are instructions. An electronic copy of this the MUTCD are discussed first, followed consistent with each other.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66731

5. There is precedent for issuing Regulations 1 allow existing devices justifies the level of detail multiple proposed rules for changes to noncompliant devices in good condition incorporated in the MUTCD. Further, the MUTCD. to remain in place until the end of their the FHWA believes that sufficient 6. It is essential that the FHWA service lives, thus minimizing any justification has been provided for any new standards and that ample latitude provide an opportunity to review the impacts of new requirements on State or local highway agencies and owners of for flexibility and judgment is provided FHWA responses to the docket so that private roads open to public travel. in the application of Guidance and implementation and liability changes 3. The FHWA received comments Options in the MUTCD. can be identified, assessed, and from three local agency DOTs, an 6. The FHWA adopts a new cover discussed before a final rule is association of counties, and a citizen page for this edition of the MUTCD that published. suggesting that there are too many maintains general consistency with 7. An SNPA is needed to assess the proposed changes to the MUTCD and covers of previous editions, but with FHWA response to comments and that many of the changes are too changes to give it a distinctive evaluate the level of engineering complex. The FHWA believes that appearance to minimize the possibility flexibility that will be provided in the continuously updating the MUTCD is of confusion by users. The date of this next edition of the MUTCD. necessary in order to incorporate edition, which is identified on the cover advances in technology, new research and elsewhere within the document, is Five State DOTs, a local agency, nine results, and state of the practice in the year in which the final rule is toll road operators, a major retail traffic control devices. Since the issued. business owner, and a traffic MUTCD’s purpose is to improve safety 7. The FHWA includes paragraph engineering consultant also expressed and efficiency, the MUTCD must be numbers in the margins for each general support for an SNPA. revised to remain current with these paragraph of each section for the final Two bicycle associations, a traffic new technologies and applications. page images of this edition of the engineering consultant, and a citizen 4. A State DOT, 10 local agency DOTs, MUTCD. The FHWA includes these disagreed with the need for an SNPA an association representing local DOTs, paragraph numbers in order to aid and requested that FHWA publish a and a traffic engineering consultant practitioners in referencing the MUTCD, final rule. The two bicycle associations expressed concern that there were too as well as to assist readers of future suggested that if an SNPA were to be many new STANDARD statements (or MUTCD notices of proposed published instead of a final rule, the GUIDANCE statements elevated to amendments. The FHWA posted sample FHWA should issue Interim Approvals STANDARD statements) in the pages on its MUTCD Web site showing for all new devices and applications in proposed revisions, and that the large four possible methods for paragraph Part 9 so that public agencies can begin number of changes places an undue numbering and as part of the NPA asked interested persons to review the sample installing them to improve conditions financial burden on agencies. The pages and provide comments to the for bicyclists. FHWA believes that the changes to the MUTCD will provide improved docket on the paragraph numbering The FHWA carefully reviewed and uniformity in traffic control device options. Based on comments, the FHWA considered the concerns both for and applications across the country, thereby numbers the paragraphs in the manner against issuing an SNPA and decided increasing safety, and that the that was shown as Alternative #3, with that an SNPA is not necessary or additional Standards will not result in dark numerals outside the margin, and appropriate. The FHWA determined undue financial burden on agencies. As in a font that is easy to read without that the seven specific statements cited discussed under Amendments to the being distracting. by the NCUTCD in support of an SNPA MUTCD Introduction, in the vast 8. The NCUTCD, two State DOTs, and do not justify delaying the finalization majority of cases existing devices in a citizen provided comments regarding of a new edition of the MUTCD that will good condition that are not in the format of MUTCD pages, print style, significantly improve the safety and compliance with new standards can numbering of sections, etc. Based on a efficiency of highway travel. remain in place for the remainder of comment from the NCUTCD, the FHWA Additionally, in making decisions in the their service life, thus minimizing any changes the font of GUIDANCE final rule regarding the various impacts of new requirements on State or statements to italics to distinguish them technical issues cited in the letters from local highway agencies and owners of from OPTION and SUPPORT the NCUTCD and others who requested private roads open to public travel. statements. As part of this change, the an SNPA, the FHWA has taken into 5. The FHWA received comments FHWA eliminates italics from the titles consideration the concerns expressed. from a State DOT and three city DOTs of figures and tables. 9. The FHWA received several To address the concerns, in most cases opposing the scope of the changes comments regarding the use of metric the FHWA has revised certain within the MUTCD and suggesting that units in the MUTCD. The NCUTCD, six provisions to make them less restrictive many of the changes are more State DOTs, ATSSA, an NCUTCD appropriate for a handbook, rather than or has deleted from the final rule certain member, and two traffic engineering the MUTCD. Several of the commenters provisions that were proposed in the consultants suggested that the metric expressed concern that the MUTCD was NPA, has reorganized and reformatted units be removed in their entirety or becoming more prescriptive in nature, material to clarify it, and has eliminated that the English units precede the metric thus limiting creativity, flexibility, and specific target compliance dates or units, and a traffic engineering judgment. The FHWA believes that the established long compliance periods consultant suggested that the MUTCD widespread use of the MUTCD by State consistent with service lives of the continue to be issued with both systems and local agencies and design devices. In most cases the new of measurement. Because metric units professionals, and its importance as a provisions apply only to new are not currently used in the U.S. for Federal regulation for traffic control installations or reconstructions of traffic control device applications, the devices, and the provisions for 1 FHWA determines that only English systematic upgrading cited in Section The Code of Federal Regulations can be viewed at the following Internet Web site: http:// units are to be used in the MUTCD text, 655.603(d)(1) of title 23, Code of Federal www.gpoaccess.gov/CFR/. figures, and tables and places metric

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66732 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

equivalent values for all English unit suitable language that is more Introduction and in Parts 2 through 10 values used in the MUTCD in a new appropriate. of the 2003 MUTCD and in the NPA. Appendix A2 in this final rule. This 14. The FHWA changes the references 17. The FHWA adds information in preserves the soft conversions of the to the book previously titled ‘‘Standard the MUTCD regarding toll plaza English to metric values in the MUTCD Highway Signs’’ to refer to the current applications, because toll facilities are while also providing a document that is title, ‘‘Standard Highway Signs and becoming more common and there is a less cumbersome to read and apply. Markings.’’ This reflects FHWA’s need to provide more consistent use of This change is consistent with an change of the title of that book to more signs, signals, and markings in advance Informational Memorandum from accurately reflect its content, which of and at toll plazas, in order to enhance FHWA’s Executive Director, dated includes information regarding safety and convenience for road users. November 25, 2008,2 stating that use of pavement markings. The FHWA The FHWA adds provisions on toll metric measurements will now be received a comment from ATSSA in plaza traffic control devices to Parts 2, optional in all FHWA documents, support of this change. The FHWA also 3, and 4 that reflect the results of including letters, memoranda, resolves the inaccuracies between the research studies on best practices for publications, reports, and information sign illustrations in the MUTCD and the traffic control strategies at toll plazas,3 on FHWA Web sites. ‘‘Standard Highway Signs and FHWA’s policy on toll plaza traffic 10. Throughout the MUTCD, the Markings’’ (SHSM) book to the extent control devices,4 and FHWA’s report on FHWA incorporates minor changes in practical in the MUTCD figures. ‘‘Strategies for Improving Safety at Toll text, figures, and tables for grammatical 15. The FHWA conducted a Collection Facilities.’’ 5 The NCUTCD or style consistency, to improve comprehensive review of all of the sign and 10 agencies that operate toll consistency with related text or figures, codes used throughout the Manual, and facilities suggested that the toll road to improve clarity, or to correct minor revises sign codes in several places in related material be placed in a new, errors. Where the FHWA adds a new order to provide more consistency and separate Part to facilitate the use of this chapter within a part of the MUTCD, a clarity. As part of this process, the material. The FHWA understands that new section within a chapter of the FHWA revises the term ‘‘sign code’’ to the toll operators would like to have the MUTCD, or a new item within a listing, ‘‘sign designation’’ to avoid confusion information consolidated into one area, the chapters or sections or items that with other uses of the word ‘‘code.’’ The but disagrees with adding a separate follow the addition are renumbered or FHWA received a comment from Part. Instead, the FHWA creates new relettered accordingly. All Tables of ATSSA in support of this change. A chapters for toll plazas within Parts 2, Contents, Lists of Figures, Lists of State DOT opposed sign nomenclature 3, and 4 and places the new toll-related Tables, and page headers and footers are changes, stating that these changes material in those chapters. revised as appropriate to reflect the could be complex for agencies that 18. The FHWA expands the changes. catalog sign inventory databases based provisions regarding preferential lanes 11. The FHWA modifies figures and and adds new provisions regarding tables to reflect changes in the text and on the nomenclature. The FHWA understands the issues related to managed lanes in various parts of the adds figures and tables to illustrate new MUTCD to address the increasing or revised text. inventory databases but determines that the nomenclature changes are necessary complexity and use of these types of 12. In various sections of the Manual, lanes. Although four agencies that the FHWA relocates statements or for consistency. The FHWA received a comment from ATSSA suggesting that operate toll facilities expressed support paragraphs in order to place subject for the need for increased uniformity in material together in logical order, to the suffix ‘‘w’’ be used for word message traffic control devices on managed lanes provide continuity, or to improve flow. signs to avoid confusion with the ‘‘a’’ for the purposes of improving traffic In addition, the FHWA changes the suffix being used for abbreviations in safety, eight agencies (including some of titles of some sections, figures, and the route marker series (such as M4–1a those who also supported the need for tables in order to more accurately and M4–7a). The FHWA disagrees and including toll facilities in the MUTCD) describe the content. uses the ‘‘a’’ suffix in sign designations 13. As proposed in the NPA, the for word message signs that are expressed concern that the changes will FHWA removes the phrase ‘‘reasonably alternatives to symbol signs, as place a financial burden on their safe’’ throughout the Manual because it presented in the NPA. The FHWA uses agency, and two of these agencies felt cannot be easily defined, and as a result the ‘‘P’’ suffix for designations for that the changes were too restrictive and it is open to too much subjective plaques to clarify that these devices should reflect recommendations, rather interpretation. The FHWA received a must accompany a sign and cannot be than requirements. The FHWA comment from a local DOT opposed to used alone. ATSSA supported this understands that changes in the MUTCD this revision, stating that there are some change. Also, based on a comment from are often met with financial concerns; circumstances in the MUTCD where the a citizen, the FHWA adds a column to however, the FHWA believes that the phrase ‘‘reasonably safe’’ reflects real- the sign size tables in Parts 6 and 9 to provisions for systematic upgrading world conditions, and that removing the cite the applicable MUTCD Section for each sign so that MUTCD users can 3 ‘‘State of the Practice and Recommendations on phrase could pose a liability problem to Traffic Control Strategies at Toll Plazas,’’ June 2006, State and local agencies in civil review the pertinent information for can be viewed at the following Internet Web site: litigation. The FHWA disagrees because each sign. The sign size tables for other http://mutcd.fhwa.dot.gov/rpt/tcstoll/index.htm. of the subjectivity of the term and for Parts of the MUTCD already have this 4 ‘‘Toll Plaza Traffic Control Devices Policy,’’ each occurrence of the term either column. dated September 8, 2006, can be viewed at the following Internet Web site: http:// eliminates or replaces the term with 16. Based on a comment from the mutcd.fhwa.dot.gov/resources/policy/tcstollmemo/ NCUTCD that a single location should tcstoll_policy.htm. 2 Informational Memorandum, ‘‘Update on Metric be provided where all definitions can be 5 ‘‘Strategies for Improving Safety at Toll Use Requirements for FHWA Documents,’’ by found, the FHWA places all definitions Collection Facilities,’’ Report number FHWA–IF– Jeffrey Paniati, dated November 25, 2008, can be 08–005, May 2008, can be viewed at the following viewed at the following Internet Web site: http:// in Part 1 by relocating to Section 1A.13 Internet Web site: http://ops.fhwa.dot.gov/ www.fhwa.dot.gov/programadmin/contracts/ all definitions that were previously tolling_pricing/resources/report/toll_summary/ 1108metr.cfm. contained or repeated in the MUTCD index.htm.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66733

cited in Section 655.603(d)(1) of title 23, regarding the locations where the device designs should be used in Code of Federal Regulations 6 will MUTCD applies. Two city DOTs, an parking lots, there are some MUTCD enable changes associated with the final NCUTCD member, three transportation provisions that do not easily translate to rule to be accommodated without professionals, a traffic control device conditions typically found in parking significant expense. The information on vendor, and two citizens all supported lots and parking garages. The FHWA preferential and managed lanes is the changes, as proposed in the NPA believes that additional future contained primarily in Parts 2 and 3 and and as currently provided in the CFR, to consideration is needed to determine is intended to address specific signing apply the MUTCD to private roads open appropriate and feasible standards and and marking issues associated with to public travel. Two State DOTs, a local guidance for the application of traffic High Occupancy Toll (HOT) lanes, DOT, and an employee of a State DOT control devices in parking lots. variable tolls and other operational opposed applying the MUTCD to private Therefore, the FHWA exempts parking strategies on managed lanes, etc. To roads, mostly because of concerns about spaces and driving aisles in parking lots, better facilitate user understanding, the enforcement of the provisions. The both privately and publicly owned, from FHWA creates new chapters for FHWA recognizes that enforcement can MUTCD applicability in this final rule. preferential and managed lanes in Parts only occur when a State includes the The MUTCD continues to be applicable 2 and 3 and places the new and existing requirement to comply with MUTCD in to ring roads, roads providing access to material on those subjects in those State ordinances, local building codes, or egress from public roads, and chapters. In addition, as proposed in the development approvals, site plans, etc., circulation roads on private property NPA, the FHWA eliminates some and as a result of the potential tort open to public travel. Accordingly, information regarding preferential lanes liability to the owners of the private throughout the MUTCD, where the term that is too specific for the MUTCD roads. The FHWA believes that public ‘‘private property open to public travel’’ because it deals with highway planning agency traffic engineers are not expected was used in the NPA, the FHWA and programmatic matters rather than to enforce this provision for existing clarifies the term to be ‘‘private road the traffic control devices for conditions on private roads open to open to public travel’’ and provides a preferential lanes. public travel. precise definition of that term in Section 19. The FHWA received comments Two State DOTs and two toll road 1A.13 in this final rule. The FHWA also from a variety of commenters on subject operators suggested that the wording be incorporates these changes into 23 CFR material that was not included in the revised to reflect that toll roads may be 655.603(a). NPA. In some cases those comments operated by public, quasi-public, or As proposed in the NPA, the FHWA pertain to existing subject matter in the private entities and that toll roads are also modifies the wording of 23 CFR 2003 Edition that was not proposed for gated and restricted by tolling. The 655.603(a) to remove the exemption change in the NPA, while in other cases FHWA agrees and revises the language from MUTCD applicability for military the commenters suggest new material in this final rule and in 23 CFR bases, based on a request from the 7 for the MUTCD such as new signs or 655.603(a), to clarify that, for the Military Surface Deployment and different traffic control device purpose of applicability of the MUTCD, Distribution Command to include applications from those included in the toll roads under the jurisdiction of military bases, in order to facilitate road 2003 Edition or the NPA. Comments public agencies or authorities or of user safety through conformity and received during the comment period public-private partnerships are consistency with national standards. that were outside the scope of this considered to be public facilities, and 22. The FHWA adds SUPPORT rulemaking are neither discussed in this that ‘‘open to public travel’’ includes paragraph 05 to clarify that pictographs embedded within signs are not in preamble nor addressed in the final private toll roads and roads within themselves considered traffic control rule. The FHWA appreciates these shopping centers, airports, sports devices and thus the pictographs are not comments, and might consider some of arenas, and other similar business and/ subject to the provisions in paragraph these ideas for potential future or recreation facilities that are privately 04 that prohibit patented, copyrighted, rulemaking activities. owned, but where the public is allowed to travel without access restrictions. To or trademarked items. This clarification Discussion of Amendments Within the address the comments from two toll is necessary to address frequent Introduction road operators, this final rule language questions from users of the MUTCD on 20. The FHWA revises paragraph 01 further clarifies that except for gated toll this subject. regarding the definition of traffic control roads, roads within private gated 23. In concert with the change to devices to reflect that traffic control properties where public access is show dimensions throughout the devices on private roads open to public restricted at all times shall not be MUTCD in only English units, the travel are placed by authority of the considered to be open to public travel. FHWA revises the text in paragraphs 13 private property owner or private The FHWA received several and 14 to provide a reference to new official having jurisdiction. A State DOT comments from a major retail business Appendix A2 for tables converting each commented that the existing language operator suggesting that there are many of the English unit numerical values to and that proposed in the NPA for this items in the MUTCD that are not easily the equivalent Metric values and to paragraph implied that public agencies applicable to parking lots within recommend that if metric units are to be have the authority to place traffic shopping centers and the driving aisles used in laying out distances or control devices on private roads open to within those parking lots. The FHWA determining sizes of devices, such units public travel. The FHWA agrees that agrees that, while MUTCD general should be specified on plan drawings clarification is needed and revises the principles and standard traffic control and made known to those responsible text accordingly. for designing, installing, or maintaining 21. In the NPA, the FHWA proposed 7 The Federal Register Notice for the Final Rule, traffic control devices. revisions and additions to the text dated December 14, 2006, Vol. 71, No. 240, pages 24. In the NPA, the FHWA proposed 75111–75115, can be viewed at the following to revise the paragraph regarding Internet Web site: http://frwebgate.access.gpo.gov/ 6 The Code of Federal Regulations can be viewed cgi-bin/ adoption of MUTCD revisions by the at the following Internet Web site: http:// getdoc.cgi?dbname=2006_register&docid=fr14de06- States or other Federal agencies, www.gpoaccess.gov/CFR/. 6.pdf. substantial conformance of State or

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66734 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

other Federal agency MUTCDs or section text. However, to consolidate dates is discussed in detail under the Supplements, and compliance periods and improve the clarity of this appropriate item later in this preamble. for new and existing devices to reflect information, the FHWA relocates the Additionally, for new target the requirements of the Code of Federal listing of target compliance dates from compliance dates, the FHWA Regulations applicable to the MUTCD the body of the MUTCD Introduction to establishes specific dates (December 31 that have been in effect since 2006.8 In a new Table I–2. of a particular year) rather than the this final rule, the FHWA further revises In new Table I–2, FHWA includes the previous practice of setting target the text to make it clearer and more specific target compliance dates for compliance dates as a certain number of easily understood by users. The FHWA those items whose dates were years from the effective date of the final divides the single paragraph into several determined through previous rule. The FHWA believes that specific separate paragraphs containing rulemaking, now that the effective dates end of calendar year target compliance applicable text on certain subjects that are known, and deletes from the listing dates will assist MUTCD users by are presented in a more logical any items for which the target making the dates clear without the need sequence. New text consistent with the compliance dates have passed by the to determine what date a final rule CFR is added regarding compliance of date of the publication of this final rule. became effective. It should also be noted new or reconstructed devices, and The FHWA deletes most of the large that the target compliance dates define Option and Support text regarding number of new target compliance dates the end of the ‘‘phase-in compliance replacement of existing noncompliant that were proposed in the NPA. Section period’’ as discussed for various items devices is revised for clarity and 655.603(d)(1) of title 23, Code of Federal in the remainder of this document. relocated from the end of the MUTCD Regulations, states that for existing highways ‘‘each State, in cooperation Discussion of Amendments Within Introduction to follow other related text. Part 1 25. In the NPA, the FHWA asked for with its political subdivisions, and comments regarding the possibility of Federal agency shall have a program as 26. In Section 1A.07, Responsibility incorporating the phase-in target required by 23 U.S.C. 402(a), which for Traffic Control Devices, the FHWA compliance periods into the body of the shall include provisions for the revises paragraphs 01 and 02 to be MUTCD text throughout the applicable systematic upgrading of substandard consistent with the language of 23 CFR parts and sections in this Final Rule. traffic control devices and for the 655.603 regarding the applicability of The FHWA considered this change installation of needed devices to achieve the MUTCD as the national standard for because the list of target compliance conformity with the MUTCD.’’ Although all traffic control devices installed on periods is lengthy, and it might be more the FHWA may establish specific target any street, highway, bikeway, or private convenient and effective for compliance dates to achieve compliance road open to public travel. The FHWA practitioners to have target compliance with respect to specific devices, the adopts language for these paragraphs in periods embedded in the text, rather systematic upgrade program allows this final rule that is consistent with than in a different area of the Manual. public agencies and officials having terminology regarding private roads as The Minnesota DOT has incorporated jurisdiction to upgrade their existing discussed above under Introduction to the target compliance periods into its noncompliant devices when the devices the MUTCD. State MUTCD text, and the FHWA asked are no longer serviceable because they The FHWA received a comment from whether Minnesota’s method is reach the end of their service life or a citizen opposed to changing ‘‘bicycle preferable to listing all the target otherwise need to be replaced, or when trail’’ to ‘‘bikeways’’ as proposed in the compliance periods in the MUTCD other events such as highway NPA. However, because the MUTCD Introduction. The NCUTCD, ATSSA, a improvement or reconstruction projects defines bikeway as the generic term for State DOT, a toll facility operator, an occur, thus minimizing any impacts to any road, street, or shared-use path that NCUTCD member, and a traffic control State or local highway agencies and is specifically designated for bicycle device vendor favored placing the owners of private roads open to public travel, the FHWA retains the word compliance periods within the sections travel. Target compliance periods ‘‘bikeways’’ in this final rule. to which that they pertain. The shorter than expected service life have The FHWA received three comments NCUTCD also suggested that a reference generally only been established in from local agencies opposed to be placed in the Introduction to a list of unusual cases when a new MUTCD including the term ‘‘private property’’ all target compliance dates on the requirement is deemed to be so because of their belief that the property MUTCD Web site. The FHWA critically important from a safety impact owner should be responsible for understands that there are advantages standpoint that it justifies earlier maintaining traffic control devices on and disadvantages to placing the target replacement of noncompliant existing private property, not a public agency or compliance dates within the text. devices. In some cases, the FHWA has other entity. As discussed previously, Placing the target compliance dates adopted target compliance dates for the FHWA revises the term ‘‘private within the sections to which they apply certain provisions, such as a property’’ to ‘‘private roads.’’ To might result in some agencies delaying requirement to do a study or to evaluate respond to the comments from the local action to comply with the provision the timing of traffic signal clearance agencies, the FHWA modifies the until the compliance date approaches. intervals, that are not directly related to language in this final rule to clarify that, As a result, the FHWA continues to the service life of a device but which the in the case of private roads open to provide the target compliance date FHWA believes can be reasonably public travel, it is the property owner or information in the Introduction, and accommodated within typical agency the private official having jurisdiction does not embed the dates within the procedures and practices. The FHWA who is responsible for traffic control reviewed all the proposed target device design, placement, maintenance, 8 The Federal Register Notice for the Final Rule, compliance dates in the NPA in the operation, and uniformity, consistent dated December 14, 2006, Vol. 71, No. 240, pages context of the CFR language, the general with language in the MUTCD 75111–75115, can be viewed at the following intents stated above, and the comments Introduction. Internet Web site: http://frwebgate.access.gpo.gov/ cgi-bin/ received, and the FHWA establishes The FHWA adds a Support sentence getdoc.cgi?dbname=2006_register&docid=fr14de06- only 12 new target compliance dates in in this final rule about adoption of the 6.pdf. this final rule. Each of these new target national MUTCD, supplements, or State

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66735

manuals by all States and a new establish requirements for these devices legal counsel before attempting to GUIDANCE paragraph recommending and design features under their adopted ascertain the meaning of the statement. that these State manuals or supplements policy for use of the public right-of-way. The FHWA did not propose in the should be reviewed for specific The FHWA adopts the SUPPORT NPA a significant change to the second provisions relating to that State. The statement, as proposed in the NPA but paragraph of the GUIDANCE statement NCUTCD recommended these additions with minor editorial changes, in this as it appears in the 2003 MUTCD. and the FHWA agrees that this is final rule. However, four Kansas counties, the necessary to clarify that there is a need Based on comments from the Kansas Association of Counties, and an to review the specific State Manuals for NCUTCD, a State DOT, and a toll road engineer from Kansas suggested revising local requirements. operator, the FHWA changes the the language that recommends that As requested by the U.S. Military proposed GUIDANCE statement to a jurisdictions with responsibility for Command, and supported by ATSSA, STANDARD statement in this final rule traffic control that do not have engineers the FHWA expands paragraph 07 to add to require, rather than just recommend, on their staffs who are trained and/or the U.S. Military Command to the list of that such signs and other devices shall experienced in traffic control devices Federal agencies that have adopted the not be located where they will interfere should seek engineering assistance from national MUTCD. with or detract from traffic control others. The commenters felt that many Two State DOTs opposed the devices, since it is important that traffic applications of the MUTCD are proposed change of paragraph 08 to a control devices not be blocked or straightforward and well illustrated, and GUIDANCE statement that would interfered with. This is also necessary engineering assistance is not needed. As recommend that States adopt Section for consistency with other provisions in a result, the commenters felt that the 15–116 of the Uniform Vehicle Code the MUTCD about device placement, language should be revised to (UVC) because the adoption of State such as the requirements in Sections recommend engineering assistance only laws is outside of the control of State 2D.50 and 2H.08 that community if warranted due to the complexity of DOTs and is in the hands of elected wayfinding signs and acknowledgement the situation. The commenters also officials. The FHWA retains and adopts signs shall not be installed in a position recommended removing language about this change in this final rule and where they would obscure the road smaller agencies requesting assistance of reiterates that this is GUIDANCE, a users’ view of other traffic control larger agencies because of liability statement of recommended but not devices. Signs and other devices that do reasons. The FHWA disagrees with mandatory practice, and as a result the not have any traffic control purpose that these comments and in this final rule MUTCD is merely recommending the are placed within the highway right-of- adopts the revisions to the GUIDANCE adoption of this section of the UVC by way have even less importance than statement as proposed in the NPA. the States, in accordance with their laws community wayfinding and However, to address the concerns, the and constitutions. acknowledgement signs. FHWA also adds a SUPPORT statement 27. In Section 1A.08 Authority for 28. In Section 1A.09 Engineering noting that, as part of the Federal-aid Placement of Traffic Control Devices, in Study and Engineering Judgment, the Program, each State is required to have the NPA the FHWA proposed adding a FHWA received comments from the a Local Technology Assistance Program new SUPPORT statement describing NCUTCD, a State DOT, and two toll (LTAP) that provides technical certain signs and other devices that do road operators recommending the assistance to local highway agencies and not have any traffic control purpose that removal of the existing STANDARD that requisite technical training in the are placed with the permission of the statement stating that the MUTCD shall application of the principles of the public agency or official having not be a legal requirement for the MUTCD and, as needed, engineering jurisdiction and a new GUIDANCE installation of traffic control devices, assistance, is available from the State’s statement that such signs and other because it is a general provision for all LTAP. devices should not be located where devices in the Manual that is The FHWA received a comment they will interfere with or detract from inconsistent with numerous specific suggesting that the first paragraph of the traffic control devices. The FHWA requirements elsewhere in the MUTCD GUIDANCE statement in the 2003 proposed this change to clarify that that specific devices must be installed, MUTCD be revised so that the phrase there are some signs and devices that and such requirements are ‘‘legal ‘‘this Manual should not be considered are placed within the right-of-way for requirements.’’ The commenters also a substitute for engineering judgment’’ distinct purposes that are not traffic suggested that this Standard statement cannot be used to ignore Standards control devices. The FHWA received may not be consistent with the based on ‘‘engineering judgment,’’ such comments from the NCUTCD, five State Guidance statement that immediately as creating new sign symbols. The DOTs, a local agency, a vendor, and an follows it. The FHWA agrees that this FHWA agrees that this language association agreeing with the proposed STANDARD statement is not easily conflicts with other statements in the SUPPORT statement. A State DOT, a understood by users of the MUTCD Manual regarding the intent and local DOT, and a traffic device vendor outside of the legal profession, but this strength of Standards and in this final suggested that some of the items statement has been the subject of rule revises the GUIDANCE statement in included in the SUPPORT statement, important court interpretations Section 1A.09, the definition of the text such as markers to guide snowplow regarding the applicability of the heading ‘‘Standard’’ in Section 1A.13, operators, markers that identify fire MUTCD and has legal significance and the definitions of engineering hydrant locations, markers that identify beyond its plain meaning. The FHWA judgment and engineering study in underground utility locations, and believes that, in the future, Section 1A.13, to resolve the conflict design features such as speed humps are consideration should be given to and to make these statements consistent indeed traffic control devices and their removing or revising this statement, but with each other. application should be standardized by additional legal study should be 29. In Section 1A.10 Interpretations, including them in the MUTCD. The undertaken before doing so. Therefore, Experimentations, Changes, and Interim FHWA disagrees with adding explicit the FHWA decides to retain this Approvals, in the NPA the FHWA standards for these devices in the STANDARD statement but cautions proposed to revise paragraph 03 to MUTCD, noting that States may users of the MUTCD to consult with indicate that electronic submittals of

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66736 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

requests for interpretation, permission policies that might apply to these vehicles with registered electronic toll to experiment, interim approvals, or processes. accounts, such as in ETC systems changes shall be submitted 30. In Section 1A.11 Relation to Other utilizing transponders or video/license electronically rather than by standard Publications, the FHWA proposed in the plate recognition systems to identify a mail, and proposed to include the e- NPA to add four FHWA publications vehicle with a registered toll account. mail address for such electronic and a publication by the American Where a toll lane or facility is not submittals. As part of this change, the National Standards Institute (ANSI). restricted to specific vehicles and any FHWA proposed to add an OPTION The FHWA publications cover topics vehicle without a toll account can use such as roundabouts, designing statement that includes the postal a toll lane or facility because a license address for mailing of requests in the sidewalks and trails for access, older plate recognition system sends the event that the submitter does not have drivers, and ramp management and vehicle owner a bill for the toll, the use access to e-mail. The FHWA received control. The ANSI publication discusses comments from the NCUTCD, a State high-visibility public safety vests. In of the color purple is inappropriate. DOT and two toll road operators addition, the FHWA proposed revising Color specifications for signing and recommending that the STANDARD the list to reflect current editions of the marking materials are contained in title statement be changed to GUIDANCE or publications and adding Web site 23 of the Code of Federal Regulations, SUPPORT as this might not be addresses to obtain the documents. The part 655, appendix to subpart F, Tables convenient for all agencies. The FHWA FHWA adopts these new publications 1 through 6. The FHWA received a disagrees with these comments as and revisions in this final rule. In comment from a signing material adequate provision for submission by addition, based on comments from the manufacturer stating that the proposed standard mail is provided in the NCUTCD, a utility commission, and an values for the color coordinates in the OPTION statement. The FHWA is aware engineering consultant, the FHWA adds NPA were too restrictive. Based on that some written requests that are several other new publications that are retroreflectivity evaluations, the useful sources of information. These submitted by standard mail are lost or commenter suggested that the daytime publications include four FHWA damaged in the screening of all postal chromaticity coordinates for the purple mail that is sent to FHWA headquarters. documents covering topics in signal colored sign sheeting be shifted to a As a result, e-mail submittals are timing, signalized intersections, preferred but standard mail submittals railroad-highway grade crossings, and redder shade, and that a new set of are also allowed. The FHWA adopts in changeable message signs and an chromaticity coordinates be generated this final rule the STANDARD and AASHTO publication on pedestrian for a nighttime color that also allows for OPTION as proposed in the NPA but facilities. a redder shift and that might be different with minor editorial changes. 31. In Section 1A.12 Color Code, in from the daytime requirements. A toll The FHWA in this final rule adopts the NPA the FHWA proposed adding to road operator suggested that the color the proposed change of paragraph 20, the STANDARD statement the purple designated by the chromaticity regarding local jurisdictions informing assignment of the color purple to coordinates is not the same hue as the their State DOT of locations where they indicate facilities or lanes that are color their agency currently uses. The are using devices under an Interim allowed to be used only by vehicles FHWA has reviewed the color Approval, to a GUIDANCE statement equipped with electronic toll collection properties of the purple signing (formerly a STANDARD statement in (ETC) devices. ATSSA, a State DOT, materials available from a variety of the 2003 MUTCD). The FHWA received four toll road operators, a traffic control manufacturers and adopts daytime and comments from a State DOT and two device vendor, and a citizen all nighttime color coordinates for purple toll road operators in support of the supported adding the color purple for retroreflective sign material (Tables 1 revision and a comment from another signing and marking ETC facilities and and 2) that are slightly revised from the lanes. A toll road operator in Florida State DOT opposed to the revision values that were proposed in the NPA. because of their belief that the local stated that their past experience has The adopted daytime color coordinates jurisdiction should be required, rather shown that the color purple fades are based on a large series of than merely recommended, to notify the rapidly in Florida and will likely do so State DOT of locations where a traffic in other States with similar climates. A measurements of various purple control device or application under an toll road operator in Texas questioned materials that are close to or match the interim approval is being used. The whether there were any purple materials Pantone color selected by the EZ–Pass FHWA disagrees with this comment as for signs and markings that would meet consortium. With the minor adjustments not all State DOTs believe that such Texas DOT durability and nighttime as adopted, there are sufficient materials notifications are needed and because standards. The Illinois Tollway that meet the values to provide for State DOTs can require such notification expressed a similar concern about competition, but without reducing color when they adopt the MUTCD. challenges in design and application to recognition. The adopted nighttime The FHWA received a comment from ensure that effective color contrast is color coordinates are similar to the a State DOT suggesting that a new provided under all circumstances. The nighttime coordinates for purple STANDARD statement as proposed in FHWA disagrees with comments that pavement markings. The FHWA also the NPA be expanded to also require adequate materials do not exist, adopts daytime and nighttime color that jurisdictions check with their State particularly with the adjustment in coordinates and luminance factors for DOT for official status of an Interim color values discussed below, and purple retroreflective marking material Approval in their State before incorporates this change to readily (Tables 5, 5A, and 6) as proposed in the requesting permission from the FHWA. identify such facilities or lanes using NPA. The values for purple in the tables The FHWA agrees with the concept and signs and pavement markings as are as indicated below (no change in the adopts a new GUIDANCE paragraph 21 discussed in the changes in Parts 2 and existing values for luminance factors for in this final rule about requests for both 3. As a part of the change, in this final experimentation and interim approvals, rule the FHWA revises the text to reflect purple as contained in Table 1A): which recommends that local agencies the intended general use of the color be aware of any State requirements and purple for lanes restricted to use only by

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66737

TABLE 1—DAYTIME CHROMATICITY comments from a State DOT. Also based conventional roads and suggested that COORDINATES FOR PURPLE on a State DOT comment, the FHWA there should be two classes of RETROREFLECTIVE SIGN MATERIAL further clarifies the definition of conventional roads: High-speed and STANDARD statements by adding that low-speed. The FHWA disagrees with x y such statements shall not be modified or the commenters and retains the compromised based on engineering definition, as proposed in the NPA in 0.302 0.064 judgment or engineering studies. This Section 2A.01, and notes that 0.310 0.210 prohibition has always been inherent in neighborhood streets are two-lane 0.380 0.255 the meaning of Standards, but the conventional roads within the definition 0.468 0.140 FHWA is aware of cases where the lack for ‘‘conventional road.’’ of explicit text to this effect has resulted The FHWA also adds definitions for TABLE 2—NIGHTTIME CHROMATICITY in the misapplication of engineering a variety of new terms to the list of COORDINATES FOR PURPLE judgment or studies. Some agencies definitions because they are used in the RETROREFLECTIVE SIGN MATERIAL believed that Standards could be MUTCD and need to be defined. In the ignored based on engineering judgment NPA, the FHWA proposed using the x y or an engineering study, which is not term ‘‘hybrid signal;’’ however, based on the case. comments from two State DOTs and 0.355 0.088 Additionally, the FHWA revises the three city DOTs, the FHWA changes the 0.385 0.288 definitions for various words and term ‘‘hybrid signal’’ to ‘‘hybrid beacon’’ 0.500 0.350 phrases to better reflect accepted throughout the MUTCD to emphasize 0.635 0.221 practice and terminologies and for that it is not intended that approaching consistency in the usage of these terms vehicles stop at a dark beacon face as in one or more Parts of the MUTCD. TABLE 5—DAYTIME CHROMATICITY they are required to do at a dark traffic Except as specifically discussed, there COORDINATES FOR PURPLE control signal in some States. To were a few comments of an editorial RETROREFLECTIVE PAVEMENT address comments from the NCUTCD, nature regarding some of these two State DOTs, and seven agencies that MARKING MATERIAL definitions that the FHWA incorporates operate toll facilities, the FHWA adopts in this final rule, as appropriate. x y The FHWA proposed in the NPA to the definition for ‘‘open road tolling specify that the height of a raised (ORT),’’ rather than ‘‘open road 0.300 0.064 electronic toll collection’’ as proposed 0.309 0.260 pavement marker is not to exceed 0.362 0.295 approximately 1 inch above the road in the NPA, to match current use of the 0.475 0.144 surface, rather than specifying a term. To reflect the changes discussed minimum height, in order to clarify that previously in the MUTCD Introduction, tubular markers and other similar in this final rule the FHWA revises the TABLE 5A—DAYTIME LUMINANCE FAC- devices that might be placed on or in term ‘‘private property open to public TORS FOR PURPLE the roadway are not raised pavement travel’’ to ‘‘private road open to public RETROREFLECTIVE PAVEMENT markers. Based on recommendations travel’’ and clarifies the definition to MARKING MATERIAL from the NCUTCD, two State DOTs, and reflect that parking areas and driving a traffic control device manufacturer, aisles within parking areas are not Minimum Maximum the FHWA changes the height included. The FHWA also adds a requirement of a raised pavement definition of ‘‘parking area’’ since that 5 15 marker to not exceed 1 inch for a term is used in the MUTCD. The FHWA permanent marker or 2 inches for a also makes minor revisions to several TABLE 6—NIGHTTIME CHROMATICITY temporary flexible marker and definitions to improve clarity and consistency, as suggested by comments. COORDINATES FOR PURPLE references Part 6 for information on In the NPA, the FHWA proposed to RETROREFLECTIVE PAVEMENT temporary flexible markers. The FHWA clarifies the definition of include in the definition of the term MARKING MATERIAL ‘‘intersection’’ to reflect comments from ‘‘school zone’’ that it is an area where special law enforcement activity or x y three State DOTs, two city DOTs, and an NCUTCD member suggesting that increased fines for traffic violations are 0.338 0.380 several of the items within the authorized. An NCUTCD member 0.425 0.365 definition were confusing and needed suggested that such enforcement is not 0.470 0.385 clarification. The FHWA also clarifies required for the area to be considered a 0.635 0.221 the definition of ‘‘special purpose road’’ school zone. The FHWA agrees, and by deleting the phrase ‘‘or that provides deletes that criterion from the definition 32. In Section 1A.13 Definitions of local access,’’ because the definition in in this final rule. The NCUTCD, two Headings, Words and Phrases in This the 2003 MUTCD was overly broad. The State DOTs, two toll road operators, and Manual, as discussed previously, the FHWA received comments from two an NCUTCD member suggested that the FHWA places all definitions in Part 1 by local DOTs in Washington State proposed definition of ‘‘worker’’ be relocating to Section 1A.13 all opposed to the FHWA’s proposed revised to include workers that are not definitions that were previously clarification that neighborhood on foot, such as equipment operators, contained or repeated in the MUTCD residential streets are not special- toll collectors, etc. In addition, the Introduction and in Parts 2 through 10. purpose roads and signing for such NCUTCD, a State DOT, and a toll road In regard to the definitions of the text streets should be the same as that for operator suggested that ‘‘pathway’’ also headings ‘‘Standard’’ and ‘‘Guidance,’’ other conventional roads. One of those be added to the definition of ‘‘worker’’ the FHWA clarifies that the verb ‘‘may’’ commenters suggested that since workers on pathways are also is not used in STANDARD or neighborhood residential streets should subject to potential harm. The FHWA GUIDANCE statements, based on be treated differently from other decides to add pathway to the

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66738 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

definition, but does not make the other abbreviations was based on the need to developed. The FHWA removes from suggested change, because this shorten words when used on portable Table 1A–1 some words that should not definition is general in nature and other changeable message signs because of the be abbreviated on static signs or large specifics about workers are covered in limited number of characters available, permanent full-matrix changeable Section 6D.03. unlike fixed-message signs. Many of the message signs. The FHWA received many comments abbreviations were developed for words In concert with these changes to Table suggesting other new terms be added to that would not otherwise normally be 1A–1, the FHWA revises the title of the list of definitions. In response to the abbreviated on signs, and the intent was Table 1A–2 to ‘‘Abbreviations That comments received, the FHWA decides not to abbreviate such words on fixed- Shall Only Be Used on Portable not to add all of the terms suggested, but message signs. A local DOT opposed Changeable Message Signs’’ and adds to adds definitions for ‘‘accessible adding abbreviations to the MUTCD, Table 1A–2 some of the abbreviations pedestrian signal detector,’’ ‘‘altered preferring instead to allow their use that were removed from Table 1A–1. speed zone,’’ ‘‘attended lane,’’ ‘‘average only on a case-by-case basis. The The FHWA also revises the content of daily traffic (ADT),’’ ‘‘downstream,’’ NCUTCD suggested that Table 1A–2 be Table 1A–2 to specifically list the ‘‘dropped lane,’’ ‘‘ETC account only moved to Part 6 because PCMSs are abbreviations (some of which can only lane,’’ ‘‘exact change lane,’’ ‘‘grade covered in Chapter 6F; however, the be used with a prompt word) that are crossing,’’ ‘‘lane drop,’’ ‘‘open road FHWA decides not to relocate the table appropriate for use only on PCMSs. A tolling point,’’ ‘‘overhead sign,’’ because PCMSs can be used outside of local DOT opposed the abbreviations for ‘‘plaque,’’ ‘‘post-mounted sign,’’ temporary traffic control zones and downtown and slippery as being ‘‘primary signal face,’’ ‘‘pushbutton some of the abbreviations used on unclear. The FHWA disagrees, because information message,’’ ‘‘rail traffic,’’ PCMSs apply to applications other than the abbreviations are based on research ‘‘signing,’’ ‘‘statutory speed zone,’’ temporary traffic control. and experience, and retains in this final ‘‘supplemental signal face,’’ ‘‘toll 35. In Table 1A–1 Acceptable rule the abbreviations for these terms booth,’’ ‘‘toll island,’’ ‘‘toll lane,’’ ‘‘toll Abbreviations, the FHWA adds several that were proposed in the NPA. Three plaza,’’ ‘‘toll-ticket system,’’ and additional abbreviations for various State DOTs suggested that the ‘‘upstream’’ because they are used in the terms that are often used on signs or abbreviations for eastbound (and the MUTCD and should be defined. markings and for which a single other directions) be shortened to two 33. The FHWA adds a new section abbreviation for each is needed to letters. While the FHWA agrees that following Section 1A.13. This new enhance uniformity. A traffic traffic engineers understand the two- section is numbered and titled Section engineering consultant opposed the use letter abbreviations (EB, WB, NB, and 1A.14 Meanings of Acronyms and of the abbreviation AM for two separate SB), research has shown that those Abbreviations in This Manual, and meanings (morning and AM radio); abbreviations are not well understood contains a STANDARD statement with however, the FHWA retains the by the public. Two State DOTs 42 acronyms and abbreviations and abbreviation for both meanings based on suggested that there might be cases their meanings. The FHWA adds this effective use of both abbreviations by where abbreviations need to be used on new section to assist readers with the several States and because context of static signs, and as a result, the FHWA acronyms and abbreviations used use differentiates the meanings. Based reviewed the list of abbreviations and throughout the Manual. In the NPA, the on comments from a State DOT and a has added additional asterisks to items that are acceptable for use on permanent FHWA proposed 38 acronyms and traffic engineering consultant regarding CMSs and static signs. As discussed abbreviations. The NCUTCD, ATSSA, the use of the abbreviation ‘‘LA’’ for above, the FHWA revises the prompt and two State DOTs suggested several lane, the FHWA places the note ‘‘see word for the abbreviation ‘‘LN’’ to more acronyms and abbreviations. The Table 1A–2’’ in the column for the include the roadway name and allows FHWA conducted a review of terms abbreviation for lane, and makes the use of the combination ‘‘[roadway used more than once in the MUTCD text subsequent changes in Table 1A–2 to name] LN’’ to be used on traffic devices and/or figures and adds five acronyms clarify the use of the abbreviation ‘‘LN’’ other than PCMSs without the use of the and their definitions in this final rule. for use with PCMSs. Another State DOT prompt words ‘‘Right,’’ ‘‘Left,’’ or For those terms used only once, the suggested adding several abbreviations ‘‘Center.’’ FHWA decides not to include their and the FHWA agrees to add acronyms and their definitions in this abbreviations for ‘‘Saint,’’ ‘‘Mount,’’ and Discussion of Amendments Within Part final rule. The FHWA also deletes one ‘‘Mountain’’ as ‘‘ST,’’ ‘‘MT,’’ and 2—Signs —General of the abbreviations, km/h, that was ‘‘MTN,’’ respectively. Although the 36. In this final rule, the FHWA proposed in the NPA, because of the FHWA proposed an abbreviation for deletion of metric values from the reorganizes the information regarding township in the NPA, the FHWA toll road signs and preferential and MUTCD. removes this abbreviation from this final 34. In Section 1A.15 (numbered managed lane signs into two separate rule based on comments from a traffic Section 1A.14 in the 2003 MUTCD) chapters. Although the information was engineering consultant. The FHWA also Abbreviations Used on Traffic Control not organized in the NPA in this removes several abbreviations from Devices, the FHWA adds paragraph 02 manner, the FHWA received comments Table 1A–1 that are symbols rather than indicating that when the word messages from several State and local DOTs, as abbreviations (such as ‘‘D’’ for diesel on shown in Table 1A–2 need to be well as toll road operators, suggesting general service signs) and revises abbreviated on a Portable Changeable that the information would be easier to several abbreviations based on accepted Message Sign (PCMS), the abbreviations find if it was contained in separate Parts practice in the specific context of the shown in Table 1A–2 shall be used and of the MUTCD. As discussed above manner in which fixed messages are that, unless indicated by an asterisk, under General, the FHWA disagrees these abbreviations shall only be used with adding new Parts but agrees with 9 and R.D. Huchingson, Final Report, May 1982, is consolidating this information into new on PCMSs. The original research on available from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA chapters and adopts new Chapters 2F 9 Report number FHWA/RD–81/039 ‘‘Human 22161, and at the Web site: Toll Road Signs and 2G Preferential and Factors Design of Dynamic Displays’’ by C.L. Dudek http://www.ntis.gov. Managed Lane Signs in this final rule.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66739

Discussion regarding specific elements in chapters 2D, 2E, and 2J to a new confusion and possible contradiction of those chapters and comments paragraph 17 in Section 2A.06. This between this statement and others in the submitted to the docket are contained in material on pictographs also MUTCD. To respond to the need to the appropriate sections below. incorporates the FHWA’s Official clarify the statement, and the desire to Interpretation 2–646(I).11 place all of the information related to Discussion of Amendments Within 39. The FHWA relocates the LEDs and their application in one place, Chapter 2A information in Section 2A.07 of the the FHWA adds paragraphs 07, 08, 11, 37. In Section 2A.03 Standardization 2003 MUTCD to new Chapter 2L in and 12 to this section in this final rule. of Application, in the NPA the FHWA order to consolidate all information on 41. On January 22, 2008, after the proposed deleting paragraph 02, which changeable message signs into one NPA was published, the FHWA adopted recommends that signs should be used chapter. revision Number 2 of the 2003 MUTCD only where justified by engineering 40. In Section 2A.07 Retroreflectivity to add minimum maintained judgment or studies. Although ATSSA and Illumination (Section 2A.08 in the retroreflectivity requirements for signs agreed with the proposal, three State 2003 MUTCD), the FHWA proposed in in Section 2A.09 (Section 2A.08 in the DOTs, three local DOTs, and two the NPA to revise the existing NPA) and a new Table 2A–3 detailing associations suggested retaining the GUIDANCE statement to clarify that minimum retroreflectivity values. The statement because determining the overhead sign installations on freeways FHWA incorporates that text and table placement of signs is an engineering and expressways should be illuminated into Section 2A.08 in this final rule, function. The FHWA agrees and retains unless an engineering study shows that with a minor editorial correction to the the paragraph in this final rule. The retroreflection will perform effectively table to match the applicable text. The FHWA notes that this statement is not without illumination, and that overhead FHWA also in this final rule adds to the a requirement for an engineering study sign installations on conventional or table the new Bold Symbol signs (W2– for the determination to use each special purpose roads should be 7, 8 Double Side Roads and W11–16–22 individual sign because the illuminated unless engineering Large Animals) that are adopted in determination for the use of many judgment indicates that retroreflection Chapter 2C, for consistency and regulatory signs is based upon State will perform effectively without accuracy regarding minimum laws and local agency ordinances. illumination. ATSSA, an NCUTCD retroreflectivity values. 38. In Section 2A.06 Design of Signs, member, and a traffic control device 42. In Section 2A.10 Sign Colors as proposed in the NPA, the FHWA manufacturer all supported the change. (Section 2A.11 in the 2003 MUTCD), the relocates a STANDARD paragraph A State DOT and two local DOTs FHWA proposed in the NPA to add an regarding symbols on signs, and the opposed the revision, because they felt OPTION statement that allows the use associated OPTION paragraph, from that illumination of overhead signs, of fluorescent colors when the Section 1A.03 to this section. The particularly on conventional roadways, corresponding color is required. The FHWA incorporates this change because is not necessary. In this final rule, the NCUTCD, a State DOT, two local Section 2A.06 is the most likely place FHWA deletes the existing and agencies, and an NCUTCD member all for a reader to look for information proposed guidance about illumination supported the use of fluorescent colors, regarding sign design. of overhead signs, because the while a traffic engineering consultant In addition, as proposed in the NPA, minimum maintained retroreflectivity opposed the addition of fluorescent the FHWA adds information regarding levels for overhead signs that were colors without guidance on when they the use of e-mail addresses to adopted as Revision 2 of the 2003 should be used. The FHWA adopts this paragraphs 14 and 16. The use of e-mail MUTCD12 provide for adequate change in this final rule with minor addresses on signs is to be the same as performance of these signs. Highway editorial revisions in order to give jurisdictions the flexibility to use Internet Web site addresses. Five State agencies can determine to illuminate fluorescent colors when they determine DOTs opposed the provisions and overhead signs based on their own they are needed in order to attract suggested that Internet and e-mail policies or on studies of specific additional attention to the signs. As part addresses be allowed because they problem areas. of this change, the FHWA revises the provide important information for In the NPA, the FHWA proposed to color specifications in 23 CFR part 655, travelers, including information about add a paragraph prohibiting the use of appendix to subpart F, Tables 3, 3A, and work zones, carpools, and toll facilities. individual LED pixels and groups of 4 to add the fluorescent version of the The FHWA agrees that Internet LEDs within the background area of a color red, as proposed in the NPA. The information can be helpful, but adopts sign, except for the STOP/SLOW paddles used by flaggers and the STOP color specifications for fluorescent the changes as proposed based upon yellow, fluorescent orange and research10 that has identified the upper paddles used by adult crossing guards. The FHWA’s intent was to clarify that fluorescent pink are already included in range of driver workload to be 4 bits of those tables of the appendix to 23 CFR information (4 individual characters) LEDs are to be used only in the border or in the legend/symbol and not in the part 655, subpart F. before glancing back to the road. E-mail 43. The FHWA proposed in the NPA background of signs. Although ATSSA addresses are just as difficult to read to make several changes to Table 2A–5 supported the clarification, three State and remember as Internet Web site Common Uses of Sign Colors, to addresses and constitute the same issues DOTs, a local DOT, and a traffic correspond to proposed changes in the for a driver traveling at highway speeds. engineering consultant expressed text. Specifically, the FHWA proposed Lastly, the FHWA in this final rule to add the color purple for Electronic relocates and consolidates existing and 11 This official interpretation can be viewed at the following Internet Web site: http:// Toll Collection signs and to remove the proposed text concerning the design of mutcd.fhwa.dot.gov/resources/interpretations/ use of the color yellow from school pictographs on signs from other sections 2_646.htm. signs. The FHWA also proposed to add 12 Sign retroreflectivity final rule was published additional types of Changeable Message 10 ‘‘Additional Investigations on Driver in the Federal Register at 72 FR 72574 on December Information Overload,’’ NCHRP Report 488, 2003, 21, 2007 and can be viewed at the following Signs and expand the table to include can be viewed at the following Internet Web site: Internet Web site: http://www.gpoaccess.gov/fr/ various legend and background colors http://www.trb.org/news/blurb_detail.asp?id=1324. index.html. for those signs, consistent with the

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66740 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

proposed text of proposed new Chapter to use the same symbols for recreational the provisions in the 2003 MUTCD for 2M (numbered Chapter 2L in this final and cultural interest areas on other guide sign letter heights already rule) as discussed below. In addition, signs. The FHWA disagrees with the provided sufficient legibility distances the FHWA proposed to note that commenters because many approved for 20/40 vision in most cases. The sizes fluorescent versions of orange, red, and symbols for recreational and cultural of regulatory and warning signs used in yellow background colors may be used. area guide signing are not appropriate some situations will need to be The NCUTCD and ATSSA supported for use on warning or regulatory signs. increased to provide for larger letter these changes. The FHWA adopts the The colors and shapes of symbols are sizes. Specific changes to sign sizes changes and, for consistency with designed to have a specific impact resulting from the change in letter Section 1A.12, the FHWA adds a depending on the intended use of that height are discussed below in the items footnote to Table 2A–5 to indicate that type of sign. Intermixing symbols from pertaining to the sign size tables in other the color purple is only used on plaques one type of sign to a different type of chapters in Part 2 and in certain other or header panels mounted with other sign can affect the impact and can be Parts of the MUTCD. signs and only for lanes restricted to potentially confusing, and therefore ATSSA, a State DOT, a research vehicles with registered toll accounts, should be specifically prohibited. The institute, and a traffic engineering and that purple is not used as a full sign FHWA adopts this change as proposed consultant suggested that the FHWA background, nor is it used for toll lanes in the NPA, with minor editorial add the positive contrast Clearview font with video/license plate recognition that revisions. into the SHSM and MUTCD based on any vehicle without a registered toll 46. In Section 2A.13 Word Messages the research done under the account may use. (Section 2A.14 in the 2003 MUTCD), the experimental use of the font 44. In Section 2A.11 Dimensions FHWA revises the first GUIDANCE demonstrating significant legibility (Section 2A.12 in the 2003 MUTCD), in statement to recommend that the enhancements for older drivers. The this final rule the FHWA adds new minimum specific ratio for letter height FHWA did not propose such an provisions to the STANDARD and should be 1 inch of letter height per 30 addition in the NPA and the FHWA GUIDANCE statements regarding the feet of legibility distance. In conjunction disagrees with the commenters and does appropriate use of the various columns with this proposed change, the FHWA not add the font. Although the in the tables throughout the MUTCD deletes the SUPPORT statement that Clearview font received Interim that describe sizes for signs on various followed this paragraph in the 2003 Approval in September 2004 for classes of roads, as proposed in the MUTCD. The NCUTCD and ATSSA positive-contrast guide sign legends NPA. While a traffic control device supported these changes. Four State only, some research to date has shown manufacturer supported the referenced DOTs, seven local DOTs, an NCUTCD that negative contrast mixed-case tables, a State DOT, two city DOTs, and member, a traffic engineering Clearview legends are not as legible as an NCUTCD member opposed the consultant, and a citizen all opposed the standard SHSM alphabets. The dimensions, stating that they are too change, stating that the larger letter practicality of maintaining two separate prescriptive, no longer allow heights would create larger signs, and alphabet systems, one for positive- jurisdictions to use good engineering suggesting that there was a lack of contrast and one for negative-contrast judgment in determining sign sizes, and significant research and justification. legends, has also been taken into could result in larger signs. The FHWA The FHWA notes that the majority of consideration. Further, the alternative disagrees, because the sizes specified sign sizes remain the same as the 2003 alphabet did not undergo any testing on are appropriate to enable letter sizes MUTCD and only a few specific sign numerals and special characters, which sufficient to meet the legibility needs of designs which had legends too small to have been reported to be problematic all drivers, including older drivers. be read from an appropriate distance from a legibility standpoint, nor has any These sizes remain largely unchanged were increased in size. Additionally, testing been performed on a narrower from the 2003 MUTCD and only a few signs in good condition may remain in series. It would be premature to specific sign sizes were increased. The place as long as they are serviceable categorically adopt the alternative FHWA adopts this language to clarify until they are replaced under the alphabet for a marginal theoretical how the columns in the sign size tables periodic maintenance program of each improvement in legibility where no are intended to be used. The FHWA also agency. The FHWA adopts these supporting evidence of a demonstrable adds language in each of the sections changes in order to be consistent with improvement has been reported by throughout the MUTCD that refer to a recommendations from the Older Driver those agencies who have erected signing 13 sign size table, to refer back to this Handbook that sign legibility be based using the alternate alphabets. Highway generally applicable text in Section on 20/40 vision. Most States allow agencies can continue to use the 2A.11, and deletes repetitive text on use drivers with 20/40 corrected vision to Clearview font for positive contrast of the various columns in the size tables obtain driver’s licenses, and with the legends on guide signs under the that appeared in other sections increasing numbers of older drivers, the provisions of the FHWA’s Interim throughout the 2003 MUTCD. FHWA believes that 20/40 vision should Approval IA–5 dated September 2, 45. In Section 2A.12 Symbols (Section be the basis of letter heights used on 2004.14 2A.13 in the 2003 MUTCD), the FHWA signs. This change will generally not ATSSA, a State DOT, a local agency, adds a STANDARD statement and a impact the design of guide signs because and a citizen supported the FHWA’s corresponding OPTION statement at the proposal to eliminate the option to use end of the section prohibiting the use of 13 ‘‘Highway Design Handbook for Older Drivers all upper-case letters for names of and Pedestrians,’’ FHWA Report no. FHWA–RD– symbols from one type of sign on a places, streets, and highways and to different type of sign, except in limited 01–103, May 2001, can be viewed at the following Internet Web site: http://www.tfhrc.gov/humanfac/ require that such names be composed of circumstances or as specifically 01103/coverfront.htm. Also see recommendation a combination of lower-case letters with authorized in the MUTCD. While a State number II.A(1) in ‘‘Guidelines and initial upper-case letters. However, 5 DOT and a local DOT supported these Recommendations to Accommodate Older Drivers revisions, two other State DOTs and and Pedestrians,’’ FHWA Report no. FHWA–RD– 01–051, May 2001, which can be viewed at the 14 Interim Approval IA–5 can be viewed at the another local DOT opposed the changes following Internet Web site: http://www.tfhrc.gov/ following Internet Web site: http:// and suggested that it would be simpler humanfac/01105/cover.htm. mutcd.fhwa.dot.gov/res-ia_clearview_font.htm.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66741

State DOTs, 10 local DOTs, an NCUTCD NPA. Some commenters felt that having on the yellow sign panel and renumbers member, an association of local a large variety of methods for sign the drawings accordingly. The FHWA counties, and a traffic engineering conspicuity would not help with also adds that orange flags may be used consultant opposed the change and uniformity, and therefore the methods on drawing B and deletes the drawing suggested that the use of all upper-case should be deleted altogether, or at least showing the use of a red strip of letters remain an option, or that the the number of items reduced. Other retroreflective sheeting on a regulatory FHWA change the proposed commenters provided comments about sign panel. STANDARD statement to a GUIDANCE the specific methods. Several 50. In Section 2A.16 Standardization statement. Many of the commenters commenters suggested that a red strip of Location, the FHWA adds to expressed concern with cost and (item F in the NPA) should only be paragraph 06 an additional thought that while the mixed-case permitted on signs indicating that a recommended criterion for locating words might be easier to read, the stop, yield, or prohibition is involved signs where they do not obscure the line amount of improvement in legibility did with the sign. To avoid confusion, the of sight to approaching vehicles on a not justify the cost. The FHWA adopts FHWA does not adopt item F in this major street for drivers who are stopped the STANDARD requirement for mixed- final rule. The FHWA believes that on minor-street approaches. The FHWA case lettering for names of places, adding specific methods for increasing received comments from two State streets, and highways because published sign conspicuity will actually result in DOTs and a local DOT supporting this research 15 supports the enhanced more uniform use of conspicuity proposed revision and the FHWA legibility of mixed-case legends in methods, because agencies will have adopts this change in this final rule to comparison to all upper-case legends. access to a list of optional uses, rather reflect good engineering practice and The FHWA also notes that under the than creating an unlimited number of improved safety. systematic upgrading provisions of their own methods. The methods As proposed in the NPA, the FHWA Section 655.603(d)(1) of title 23, Code of contained in the OPTION reflect adds to paragraph 10 that the placement Federal Regulations, existing signs in widespread and successful practices by of community wayfinding and good condition can remain for the State and local agencies, and as a result, acknowledgment guide signs should remainder of their service life. the FHWA incorporates the methods, have a lower priority than other guide The FHWA also adds text in Section with minor editorial changes for signs. The FHWA received a comment 2A.13 regarding fractions, hyphens, and consistency with other MUTCD from a State DOT and local DOT in relationships of upper case to lower case sections, in this final rule. support of this addition and letters in mixed-case words used in The New York State DOT opposed the incorporates it in this final rule to word messages in this final rule, for FHWA’s proposed prohibition of the use clarify the priority of sign type consistency with other MUTCD of strobe lights for conspicuity of placement, reflecting the addition to the provisions in Chapters 2D and 2E, highway signs, stating that there is no manual of new types of guide signs. information in the SHSM book, and research indicating that their use is In the NPA, the FHWA proposed to accepted sign design practices necessary dangerous and that information about add a paragraph to the last GUIDANCE for proper sign word message legibility. their use in New York shows that they statement to provide recommendations 47. In Section 2A.14 Sign Borders can have a very positive effect on on the placement of STOP and YIELD (Section 2A.15 in the 2003 MUTCD), the highway safety. The FHWA disagrees signs at intersections, and to clarify that FHWA clarifies the GUIDANCE and notes that published reports 16 on the dimension shown in Figure 2A–3 for statement to indicate that the corner and experimentation with the application of the maximum distance of STOP or border radii on signs should be strobe lights to traffic signals have not YIELD signs from the edge of the concentric with one another. The demonstrated lasting safety effects and traveled way of the intersected roadway FHWA received a comment from therefore it is unlikely that application is GUIDANCE. A State DOT, a local DOT, and an NCUTCD member agreed ATSSA in support of this revision and of strobes to other traffic control devices with this statement. In this final rule the the FHWA adopts the proposed text would have lasting effects. The FHWA FHWA moves this statement to Section with editorial revisions in this final rule also notes that New York State has not 2B.10 based on a comment, since the to better facilitate the use of sign provided any documentation of positive statement is more appropriately related fabrication software with inset borders. effects. 48. The FHWA adds a new section The FHWA incorporates this new to the content of that section. 51. The FHWA received comments numbered and titled Section 2A.15 section to provide improved uniformity from the NCUTCD regarding proposed Enhanced Conspicuity for Standard of enhanced conspicuity treatments to revisions to Figure 2A–2, and as a Signs. This section contains an OPTION benefit road users. result, changes the title to ‘‘Examples of statement regarding the methods that 49. The FHWA received several Heights and Lateral Locations of Sign may be used to enhance the conspicuity comments associated with Figure 2A–1 Installations’’ to indicate that these are of standard regulatory, warning, or Examples of Enhanced Conspicuity for examples and to be consistent with the guide signs and a STANDARD statement Signs. Many of the comments were the text in Sections 2A.16, 2A.18, and prohibiting the use of strobe lights as a same as those expressed for the written 2A.19. Although a State DOT, an sign conspicuity enhancement method. text in Section 2A.15. Based on NCUTCD member, and a traffic The NCUTCD, ATSSA, and several State comments from a State DOT, the FHWA engineering consultant opposed the use and local DOTs, NCUTCD members, and adds two new drawings illustrating the of the 12-foot dimension between the traffic engineering consultants use of the words ‘‘NEW’’ and ‘‘NOTICE’’ commented on the various conspicuity edge of the pavement and the sign in enhancement methods proposed in the 16 ‘‘Evaluation of Strobe Lights in Red Lens of drawings A and D, the FHWA disagrees Traffic Signals,’’ by Benjamin H. Cottrell, Virginia and retains the 12-foot dimension in 15 Research on this topic is cited and discussed Transportation Research Council, was published in this final rule, because the guidance text in ‘‘Highway Design Handbook for Older Drivers 1995 in Transportation Research Record number in Section 2A.19 recommends the 12- and Pedestrians,’’ FHWA Report no. FHWA–RD– 1495, which is available for purchase from the 01–103, May 2001, which can be viewed at the Transportation Research Board’s bookstore, which foot dimension, and therefore the figure following Internet Web site: http://www.tfhrc.gov/ can be accessed at the following Internet Web site: should reflect the text. The FHWA humanfac/01103/coverfront.htm. http://pubsindex.trb.org/. received similar comments about the

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66742 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

lateral offset dimensions in Figure 2A– rule 18 for the 2003 Edition of the opposition to the larger sign sizes, 3; however, the FHWA retains the MUTCD for crashworthiness of sign primarily because of cost concerns, from offsets as shown in the NPA, because supports for roads with posted speed three local DOTs and a traffic the MUTCD text remains unchanged. limits of 50 mph or higher. No specific engineering consultant. The FHWA The dimensions in the figure were target compliance date was established disagrees with these comments because merely corrected to maintain for roads with posted speed limits of 45 any impacts are mitigated by the consistency with the text. mph or less and for all roads with systematic upgrading provisions (23 52. In Section 2A.18 Mounting unposted speed limits. The FHWA CFR 655.603(d)(1)) that enable highway Height, the FHWA adopts the change of believes that no target compliance date agencies to upgrade to the larger sizes as paragraph 01 to a STANDARD, as is needed for crashworthiness of sign the existing signs are replaced at the end proposed in the NPA, to require that the supports on these lower speed roads of their service life. The FHWA believes provisions of this section apply to all and that systematic upgrading processes that the new text and information in the signs and object markers, unless will suffice in ultimately achieving table is necessary to provide signs on specifically stated otherwise elsewhere crashworthiness of all sign supports. multi-lane approaches that are more in the Manual. The FHWA incorporates visible and legible to drivers with visual this change to emphasize that the Discussion of Amendments Within acuity of 20/40. On multi-lane roads, mounting heights in this section are Chapter 2B increased legibility distances are also mandatory, including in relation to 54. As proposed in the NPA, in needed because of the potential pedestrian considerations. Section 2B.02 Design of Regulatory blockage of signs by other vehicles. The FHWA also clarifies that Signs, the FHWA adopts the change of In the NPA, the FHWA also included mounting heights are to be measured paragraph 01 to a STANDARD statement a requirement that the minimum size of vertically from the bottom of the sign to to clarify that regulatory signs are 36 inches x 36 inches shall be used for the level of the edge of the traveled way. rectangular unless specifically STOP signs that face multi-lane The FHWA also adds text to clarify that designated otherwise. As part of this approaches. While ATSSA, the a minimum height of 7 feet is to be used change, the FHWA also adds a reference NCUTCD, a State DOT, and a local DOT for signs installed at the side of the road to the Standard Highway Signs and supported the requirement, a State DOT in business, commercial, or residential Markings 19 book for sign design and six city DOTs opposed the change, areas where parking or pedestrian elements. particularly as it related to STOP signs movements are likely to occur, or where The FHWA also relocates the first two on low-speed roads. The FHWA adopts the view of the sign might be obstructed, paragraphs of Section 2B.54 of the 2003 the requirement to use larger STOP or where signs are installed above MUTCD to a new OPTION statement in signs, because increased STOP sign sidewalks. In concert with these Section 2B.02, because the paragraphs sizes have been shown to reduce crashes changes, the FHWA adds that a sign contain information about regulatory by 19%.20 However, the FHWA clarifies shall not project more than 4 inches into word messages and symbols that is more the minimum size requirement for a pedestrian facility if the bottom of a relevant in this section. STOP signs as 36 inches x 36 inches secondary sign that is mounted below 55. In Section 2B.03 Size of facing side roads (one or more lanes) another sign is mounted lower than 7 Regulatory Signs, the FHWA had where they intersect multi-lane feet. The FHWA had proposed these proposed in the NPA to reference a new highways that have speed limits of 45 provisions as a GUIDANCE statement in Table 2B–2 with minimum sizes for mph or higher. For multi-lane highways the NPA; however, based on comments certain regulatory signs facing traffic on or streets that have speed limits of 40 from the Utah DOT and an advocacy multi-lane conventional roads. Based on mph or less, the STOP signs on the side- group for the blind, the FHWA changes comments from the NCUTCD and an road approaches shall follow the sizes this to a STANDARD statement in this NCUTCD member, the FHWA instead shown for conventional roads in Table final rule to be consistent with adds a column to Table 2B–1 for multi- 2B–1. STOP signs that face traffic on the requirements of the Americans with lane conventional roads in this final multi-lane highway shall be a minimum Disabilities Act as set forth in ADAAG rule, rather than an entire new table. To size of 36 inches x 36 inches. provisions 17 regarding signs in the address these comments, as well as Finally, based on a comment from a vicinity of pedestrian activity and in those from two State DOTs, concerning State DOT, the FHWA adds a order to make the mounting height specific regulatory signs identified in GUIDANCE statement that the language consistent throughout the Table 2B–1 other than STOP signs, the minimum size for regulatory signs Manual. In addition, the FHWA FHWA also adds two exemptions to the facing traffic on exit and entrance ramps reorganizes the order of the text within requirement to use the larger sign sizes should be the size identified in Table the STANDARD statements in this on multi-lane conventional roads: (1) 2B–1 for the mainline roadway section for clarity. For the size of signs mounted in the classification listed for each of the 53. In Section 2A.19 Lateral Offset, median on the left-hand side of the columns. the FHWA received a comment from a roadway that are in addition to the signs 56. The FHWA received comments State DOT expressing the need to placed on the right-hand side and (2) for related to specific sign sizes in Table reconcile the compliance date for the multi-lane conventional roads with 2B–2 proposed in the NPA. As existing statement in this Section that posted speed limits of 35 mph or less. discussed above, the FHWA combines requires post-mounted supports to be The FHWA received comments in proposed Table 2B–2 into Table 2B–1 in crashworthy if in the clear zone. The this final rule. The NCUTCD, two State FHWA notes that there is an existing 18 The Federal Register Notice for this Final Rule, DOTs, two local DOTs, two NCUTCD target compliance date of January 17, dated November 20, 2003 (Volume 68, Number 224, Page 65496–65583) can be viewed at the following 20 ‘‘Crash Reduction Factors Desktop Reference,’’ 2013, that was established with the final Internet Web site: http://mutcd.fhwa.dot.gov/texts/ publication number FHWA–SA–07–015, 2125-AE67.pdf. September, 2007, can be viewed at the following 17 The Americans With Disabilities Accessibility 19 The current edition of ‘‘Standard Highway Internet Web site: http://www.transportation.org/ Guidelines (ADAAG) can be viewed at the Signs and Markings,’’ FHWA, 2004 Edition, can be sites/scohts/docs/ following Internet Web site: http://www.access- viewed at the following Internet Web site: http:// Crash%20Reduction%20Factors% board.gov/ada-aba/index.htm. mutcd.fhwa.dot.gov/ser-shs_millennium.htm. 20Desktop%20Reference%2012–19–07.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66743

members, and a traffic engineering FHWA adds recommendations on the practice should be allowed. The FHWA consultant opposed the larger sizes of factors that should be considered in disagrees, because this prohibition is various signs, including YIELD signs, establishing intersection control and the needed for consistency with the adopted DO NOT ENTER signs, ONE WAY signs, use of STOP and YIELD signs. A State STANDARD statement for use of STOP parking signs, and signs used on traffic DOT and a city DOT supported these and YIELD signs in conjunction with signal mast arms. The FHWA adopts the new criteria. A State DOT supported the traffic signal operation, and the FHWA larger sizes as proposed in the NPA majority of the criteria, but suggested notes that an EXCEPT RIGHT TURN because of the critical nature of the that approach speeds should not be R1–10P plaque is incorporated in this information conveyed by these signs. included in the conditions. The FHWA final rule in Section 2B.05 to address These larger sizes are more legible, agrees and deletes that condition in this many of the situations cited by the especially to older drivers, and therefore final rule. Two city DOTs suggested that commenters. these critical message signs merit larger the criteria, particularly item B, required Finally, the FHWA adds a sized legends. too much data collection, which can be STANDARD statement as proposed in 57. The FHWA makes several changes expensive and require resources beyond the NPA for the use of folding STOP to Table 2B–1 Regulatory Sign and those available at the local level. The signs for traffic signal power outages by Plaque Sizes. These changes include FHWA disagrees and adopts the adding language to the MUTCD that adding more sizes in the ‘‘Minimum’’ remaining criteria, because the FHWA corresponds to Official Interpretation column for use in low-speed believes an engineering evaluation, #2–545.21 Although two city DOTs environments and adding several more which includes data collection, needs to opposed this language, in part because signs and supplemental plaques to the be performed for STOP and YIELD sign of concerns about liability, three State table to correspond with other changes applications, which are critical right-of- DOTs and a city DOT supported the within Part 2. A local DOT opposed way controls. The additional guidance language, with editorial changes. Many many of the minimum sizes shown in is intended to provide a more logical of the comments pertained to the table because they are larger than progression from least restrictive to incorporating additional information those used in that State’s urban areas. more restrictive controls. from the Official Interpretation into the The commenter believes that in urban As proposed in the NPA, the FHWA MUTCD. The FHWA does not believe areas the space available for signs along adds paragraph 05, to the existing that the MUTCD is the appropriate sidewalks and medians can often be GUIDANCE statement that YIELD signs location for this information. The very narrow, making it difficult to place should not be used for speed control. FHWA does, however, revise the text in larger signs without encroaching into The 2003 MUTCD already included the this final rule to clarify the language on the street, buildings, landscaping, recommendation that STOP signs not be how folding STOP signs are to be utilities, signals, or pedestrian right-of- used for speed control. A local DOT installed and manually retrieved in way. A traffic engineering consultant supported the addition of YIELD signs conjunction with signal operation upon questioned the justification for the to this recommendation; however, a restoration of electrical power. increased sizes and expressed concern State DOT and a local DOT suggested 59. The FHWA renumbers and retitles about the wind loading on traffic signal that the FHWA revise the statement to Section 2B.04 of the 2003 MUTCD to mast arms because of the larger sign indicate that STOP and YIELD signs Section 2B.05 STOP Sign and ALL WAY sizes. A State DOT and a local DOT also should not be used ‘‘exclusively’’ for Plaque. As part of this change, the expressed the desire to use smaller sign speed control, because there are FHWA proposed to revise the sizes on traffic signal mast arms and for occasions where STOP and YIELD signs STANDARD statement to require the some other signs. The FHWA reiterates serve a secondary purpose as speed use of the ALL-WAY supplemental that the increase in sign and plaque control measures. The FHWA disagrees plaque if all intersection approaches are sizes is to improve driver recognition with revising the language and notes controlled by STOP signs, to limit the and response time, with the intent of that a system of alternating two-way use of the ALL-WAY plaque to only meeting the needs of road users with 20/ stops remains allowable for those locations where all intersection 40 visual acuity. Letter heights smaller neighborhood traffic control. approaches are controlled by STOP than 6 inches become problematic in The FHWA also adds a STANDARD signs, and to prohibit the use of statement that prohibits the use of STOP meeting the needs of drivers with 20/40 supplemental plaques with the legend and YIELD signs in conjunction with visual acuity, therefore the FHWA 2-WAY, 3-WAY, 4-WAY, etc., below other traffic control signal operation, adopts in this final rule the proposed STOP signs. ATSSA, a local DOT, a except for the cases specified in the increases in the sizes of signs. The traffic engineering consultant, and a STANDARD. Much of this information FHWA also received several comments citizen supported the new requirements, was in Section 2B.05 of the 2003 from the NCUTCD and its members while five State DOTs, four local DOTs MUTCD; however, the FHWA adds a suggesting additional revisions beyond and an association representing local those shown in the NPA that the FHWA specific case regarding channelized turn DOTs, and a NCUTCD member opposed incorporates in this final rule. These lanes to the list of cases where STOP or the proposed requirements. Many of the revisions include adding signs to the YIELD signs can be used, reflecting commenters felt that all or some of the table that were inadvertently not common practice. existing 2-WAY, 3-WAY, or 4-WAY included in the NPA and adjusting the As proposed in the NPA, the FHWA plaques should be retained because they sizes of some of the signs to reflect the adds a STANDARD statement are understood by road users, and to larger letter sizes associated with 20/40 prohibiting the use of STOP signs and replace the signs would be visual acuity as discussed previously YIELD signs on different approaches to unnecessarily expensive. The FHWA under Chapter 2A. the same unsignalized intersection if 58. The FHWA adds a new section those approaches conflict with or disagrees for two reasons: (1) The ALL- numbered and titled Section 2B.04 oppose each other, except as noted in WAY plaque is the same size as the 2- Right-of-Way at Intersections. This Section 2B.09. Two State DOTs, a city 21 FHWA’s Official Interpretation #2–545, April 9, section contains information contained DOT, and an NCUTCD member opposed 2004, can be viewed at the following Internet Web in Section 2B.05 of the 2003 MUTCD. In this statement because they felt that site: http://mutcd.fhwa.dot.gov/resources/ addition, as proposed in the NPA, the there are circumstances where this interpretations/pdf/2_545.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66744 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

WAY, 3-WAY, and 4-WAY plaques and messages for this purpose. The adopted all approaches to an intersection, other the required replacements can be sign provides for the uniform use of the than for a roundabout intersection. The accomplished through the systematic simplest, most accurate legend. FHWA agrees and clarifies the proposed upgrading processes of Section 60. The FHWA relocates much of the STANDARD statement in this final rule 655.603(d)(1) of title 23, Code of Federal information in Section 2B.05 STOP Sign so that it is explicitly clear that YIELD Regulations; and (2) the word message Applications of the 2003 MUTCD to signs shall not be used to control the ‘‘ALL-WAY’’ more clearly Section 2B.04 Right-of-Way at right-of-way on all approaches to an communicates that all approaches are Intersections. The FHWA adds intersection, other than for all required to stop, which is critical additional language to the remaining approaches to a roundabout information for road users facing a GUIDANCE statement in Section 2B.06 intersection, for consistency with STOP control at an intersection. The STOP Sign Applications that lists requirements for traffic signal controlled FHWA adopts the requirements, as conditions under which the use of a intersections and STOP controlled proposed, to provide uniformity in the STOP sign should be considered. A intersections. use of supplemental plaques with STOP State DOT supported the language with 63. The FHWA retitles Section 2B.10 signs, especially at locations where all the criteria for STOP signs, and several to ‘‘STOP Sign or YIELD Sign approaches are controlled by STOP commenters provided editorial Placement’’ to reflect the relocation of signs. comments or asked questions. The language regarding STOP sign The FHWA adds a GUIDANCE FHWA reiterates that the language in placement from Section 2B.06 of the statement recommending the use of this section provides agencies with 2003 MUTCD to this section. plaques with appropriate alternate specific and quantitative guidance In the NPA the FHWA proposed to messages, such as TRAFFIC FROM regarding the use of STOP signs only, delete the requirement from paragraph RIGHT DOES NOT STOP, where STOP while the guidance and criteria set forth 01 that YIELD signs be placed on both signs control all but one approach to the in Section 2B.05 encompass the need for the left-hand and right-hand sides of intersection. A city DOT opposed this right-of-way control in the form of approaches to roundabouts with more recommendation, suggesting that it YIELD and STOP conditions. The than one lane and instead makes this a should be either an Option, or FHWA also received a comment from a GUIDANCE statement in paragraph 16. eliminated from the MUTCD. The retail owner suggesting that this section In concert with this change, the FHWA FHWA disagrees and adopts the change does not specifically address the use of also proposed to add an OPTION to encourage the use of these plaques at STOP signs in parking areas. As allowing similar placement of a YIELD intersections that need increased driver discussed previously regarding the sign on the left-hand side of a single awareness regarding an unexpected MUTCD Introduction, the FHWA lane roundabout approach if a raised right-of-way control. A State DOT exempts parking lots from MUTCD splitter island is available. A local DOT opposed the revision because the applicability. and a traffic engineering consultant regulatory and warning signs should not 61. The FHWA deletes Section 2B.06 supported these changes, and the be installed on the same post. The STOP Sign Placement from the 2003 FHWA adopts this language to reflect FHWA adds language to Section 2A.16 MUTCD because most of the text in this current practice on signing roundabout to clarify that these plaques may be section is incorporated into Section approaches and to allow agencies posted below a STOP sign. 2B.10 of this final rule. additional flexibility. Finally, as proposed in the NPA, the 62. In Section 2B.09 YIELD Sign To address comments from the FHWA adds an OPTION allowing the Applications, as proposed in the NPA, NCUTCD, a State DOT, and a local DOT, use of a new EXCEPT RIGHT TURN the FHWA clarifies the STANDARD the FHWA relocates the GUIDANCE (R1–10P) plaque mounted below a statement by adding that YIELD signs at statement recommending that STOP and STOP sign when an engineering study roundabouts shall be used to control the YIELD signs not be placed further than determines that a special combination of approach roadways and shall not be 50 feet back from the edge of the geometry and traffic volumes is present used to control the circular roadway. pavement of the intersected roadway to that makes it possible for right-turning Four State DOTs, two local DOTs, two this section in this final rule. In the traffic on the approach to be permitted NCUTCD members, five bicycle/ NPA, this statement was proposed in to enter the intersection without pedestrian advocacy associations, and Section 2A.16. stopping. ATSSA, a State DOT, and a four citizens supported the changes to In the NPA, the FHWA proposed local DOT supported this new plaque this section. A State DOT and a local adding a paragraph to the STANDARD and associated language, while a State DOT expressed concern about portions that prohibited the mounting of items DOT and a local DOT opposed it, citing of the section that were removed that other than retroreflective strips on the their beliefs that it might cause conflicts would allow YIELD signs to be used supports, official traffic control signs, between vehicles that have to stop with instead of STOP signs at some locations sign installation dates, inventory those that do not have to stop and that and the removal of the visibility stickers, anti-vandalism stickers, and it will reduce the integrity of the STOP requirement for YIELD sign bar codes on the fronts or backs of STOP sign. The FHWA disagrees and adopts installations. The FHWA disagrees with or YIELD signs or on their supports. To this change to give agencies flexibility these commenters because the text address a comment from a State DOT in establishing right-of-way controls for changes in Section 2B.09 do not suggesting that the FHWA clarify the such special conditions. Since this is an materially change the meaning of the intent of the language, the FHWA optional use, agencies are not required provisions regarding where YIELD signs separates the information into three to use this sign. The Sign Synthesis may be used. The FHWA adopts this paragraphs in this final rule. Paragraph Study 22 found that at least 12 States change to provide uniformity in signing 04 details the placement of items on the have developed 7 different sign at roundabouts and to reflect the fronts of STOP or Yield signs, paragraph prevailing practices of modern 05 describes items placed on the backs 22 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ roundabout design. of STOP or Yield signs, and paragraph FHWA, December 2005, page 18, can be viewed at Two traffic engineering consultants 06 describes the placement of items on the following Internet Web site: http:// tcd.tamu.edu/documents/rwstc/Signs_Synthesis- suggested that YIELD signs be the fronts or backs of STOP or YIELD Final_Dec2005.pdf. prohibited to assign the right-of-way on signs supports.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66745

The FHWA also proposed in the NPA reflect additional language in the FHWA proposed in the NPA to add to indicate that a sign that is mounted STANDARD, GUIDANCE, and OPTION STANDARD, GUIDANCE, and OPTION back-to-back with a STOP or YIELD sign statement that FHWA adds to this statements regarding the use of the new should stay within the edges of the section regarding the use of Stop Here Overhead Pedestrian Crossing (R1–9 or STOP or YIELD sign. While two DOTs for Pedestrians Signs. The language is R1–9a) sign that may be used to remind and an NCUTCD member supported this consistent with similar language in Part road users of laws regarding right-of- language, four State DOTs, two local 7 regarding the placement of these signs, way at an unsignalized pedestrian DOTs, and a citizen opposed this as well as stop and yield lines. The crosswalk. ATSSA, an NCUTCD language, because they felt that DO NOT FHWA proposed adding the Stop Here member, and a local DOT supported the ENTER signs should be allowed to be for Pedestrians sign because some State inclusion of the Overhead Pedestrian mounted on the back of STOP signs laws require motorists to come to a full Crossing signs and their design, while without increasing the size of the STOP stop for, rather than just yield to, another NCUTCD member, two State sign to the extent required. Two local pedestrians in a crosswalk. The DOTs, and a local DOT opposed the DOTs and a citizen opposed the NCUTCD, a local DOT, and a bicycle/ signs and/or their designs because they language in general, because they felt pedestrian advocacy association wanted more flexibility. The FHWA that a sign mounted on the back of a supported the changes; however, a State disagrees with the commenters and adds STOP or YIELD sign would show its DOT and an NCUTCD member opposed the text as proposed and this sign, with bare aluminum side, which would serve restricting the use of R1–5 Yield (Stop) the design as proposed in the NPA, in to highlight or frame the STOP or YIELD Here to Pedestrian signs to only multi- this final rule. This is based on the Sign sign. The FHWA disagrees with the lane approaches. The FHWA adopts the Synthesis Study,24 which revealed that commenters because it is critical to changes as proposed and notes that some agencies use an overhead sign assure that the shape of these very these signs were developed as a because it is needed in some important intersection right-of-way countermeasure for the multiple threat applications. The FHWA adds this sign signs can be discerned from the situations for pedestrians and there is to Table 2B–1, Figure 2B–2, and to the opposite direction of approach. The no need for advance yielding (stopping) appropriate text and figures in Part 7, FHWA adopts these changes to clarify on a single lane approach to a for consistency. the GUIDANCE statement that a sign crosswalk. In the NPA, the FHWA proposed to that is mounted back-to-back with a In addition, the FHWA proposed in insert new GUIDANCE and OPTION STOP or YIELD sign should stay within the NPA to add STANDARD and statements regarding conditions and the edges of the STOP or YIELD sign, OPTION statements at the end of the criteria to be used in determining when and adds that, if needed, the size of the section regarding the combination use of In-Street Pedestrian Crossing signs STOP or YIELD sign should be the Yield Here to (Stop Here for) should be used at unsignalized increased to accomplish this Pedestrian (R1–5 series) sign in the intersections. The NCUTCD, an recommendation. vicinity of the Pedestrian Crossing NCUTCD member, 2 State DOTs, and 3 The FHWA adds paragraph 16 warning (W11–2) sign. The FHWA local DOTs opposed the recommended recommending that an additional YIELD received comments from the NCUTCD, criteria, specifically the criteria to use sign be placed on the left-hand side of three State DOTs, four local DOTs, and the signs at crossing locations where the multi-lane roundabout approach if a two traffic consultants who supported there are 25 or more pedestrians per raised splitter island is available. A the concept, but found the wording hour. The FHWA agrees and removes State DOT and a traffic engineering confusing. As a result, the FHWA the criteria from this final rule, and consultant supported this adopts a revised STANDARD statement adopts the OPTION statement allowing recommendation, while a local agency in this final rule that restricts blocking highway agencies to develop criteria for felt that it should be an option, rather the view of the W11–2 sign, or placing determining the applicability of In- than a recommendation. The FHWA it on the same post as a R1–5 series sign. Street Pedestrian Crossing signs. As proposed in the NPA, the FHWA believes that the left-hand side YIELD The FHWA also adopts paragraph 05 in also adds paragraph 03 requiring that sign is important for multi-lane the OPTION statement to allow the In-Street Pedestrian Crossing sign, if approaches to roundabouts due to the Pedestrian Crossing signs to be mounted curvature at the roundabout entry and used, be placed only in the roadway at overhead where Yield Here to (Stop this sign should be provided if a splitter the crosswalk location on the center Here for) signs have been installed in island is present. The FHWA adopts the line, on a lane line, or on a median advance of the crosswalk. The FHWA NPA language in this final rule. island. While an NCUTCD member As proposed in the NPA, the FHWA also allows the use of advance supported the language, two State DOTs adds paragraph 19 prohibiting the Pedestrian Crossing (W11–2) signs on and two local DOTs opposed the placement of multiple STOP signs or the approach with AHEAD or distance language, suggesting that locating this multiple YIELD signs on the same plaques and In-Street Pedestrian sign in the crosswalk was not the support facing the same direction. The Crossing signs at the crosswalk where original intent of this device, and that NCUTCD, a State DOT, and two local Yield Here to (Stop Here for) Pedestrian doing so might actually pose a safety DOTs supported this change. The signs have been installed. The FHWA issue by distracting or obstructing the FHWA adopts this change to prohibit adopts this new language to be pedestrian’s or driver’s view. The this practice, because there have been consistent with similar language that is FHWA received comments from a City no studies or research documenting any being adopted in Part 7, which is based DOT opposed to the proposed language safety benefits of this practice and it is on FHWA’s Official Interpretation # 2– restricting the location of overhead 23 potentially confusing, and there are 566. pedestrian crossing signs to over the many other acceptable and proven 65. In Section 2B.12 In-Street and roadway at the crosswalk location and methods of adding emphasis, such as Overhead Pedestrian Crossing Signs, the 24 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ detailed in Section 2A.15. 23 64. The FHWA retitles Section 2B.11 FHWA’s Official Interpretation #2–566(I), July FHWA, December 2005, page 19, can be viewed at 27, 2005, can be viewed at the following Internet the following Internet Web site: http:// to ‘‘Yield Here to Pedestrians Signs and Web site: http://mutcd.fhwa.dot.gov/resources/ tcd.tamu.edu/documents/rwstc/Signs_Synthesis- Stop Here for Pedestrians Signs’’ to interpretations/2_566.htm. Final_Dec2005.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66746 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

prohibiting the installation of the signs crashworthy by not being mounted a local DOT, and a retired traffic at signalized locations. The commenter above vehicle windshield height .26 engineer supported the new language; felt that there are unique locations 66. In Section 2B.13 Speed Limit however, a State DOT opposed the where the requirements need to be Sign, the FHWA proposed in the NPA language, because it felt that such relaxed to allow flexibility. The FHWA to add to the STANDARD a statement plaques can be difficult to enforce and disagrees with these comments, because that speed zones (other than statutory have the potential to be abused. The the experimentation that led to the speed limits) shall only be established FHWA disagrees with the commenter original inclusion of the R1–6 In-Street on the basis of an engineering study that and adopts this change in this final rule, Pedestrian Sign in the MUTCD only includes an analysis of the current with editorial clarification, to reflect involved signs located in the street speed distribution of free-flowing common practice in some urban areas, itself, where it is highly visible to the vehicles. A State DOT and a local DOT as documented by the Sign Synthesis approaching driver, and did not include supported this new language, while a Study,27 and because it is often any application of the R1–6 sign behind State DOT, a local DOT, and an unnecessary and overly costly to install the curb. The FHWA does not have any advocacy association opposed the a speed limit sign on every minor information that would support language because they felt it was too residential street. placement of this sign at locations out restrictive. In addition, a State DOT, an The FHWA also proposed to add of the roadway itself. The FHWA adopts association of local DOTs, and six local paragraph 09 to recommend that a the language in this final rule to be DOTs expressed concern that some Reduced Speed Limit Ahead sign be consistent with similar language roadways do not have volumes that are used where the speed limit is being proposed in Part 7, which is based on high enough to allow the collection of reduced by more than 10 mph, or where FHWA’s Official Interpretation # 7– speed distributions, and there are some engineering judgment indicates the need 64(1).25 types of roads, such as residential for advance notice. One State DOT In addition, in the NPA the FHWA streets and school zones, where the free- supported this new recommendation; proposed revising paragraph 10 to flow speed is actually the safety issue. however, another State DOT opposed specify that the In-Street Pedestrian The FHWA adopts this change in this this recommendation, stating that to Crossing sign shall have a black legend final rule to clarify that consideration is install reduced speed limit signs in and border on a white background, to be given to the free-flow speed when advance of every 10 mph reduction in surrounded by an outer fluorescent determining altered speed zones, and to speed would be infeasible. A turnpike yellow-green background area, or by a clarify that statutorily established speed authority suggested that speed limit yellow background area. The FHWA limits, such as those typically drops of more than 10 mph at a time adopts this language, with editorial established by State laws setting should be discouraged. The FHWA edits, based on comments from two statewide maximum limits for various adopts this change in this final rule State DOTs suggesting the need to classes of roads (such as neighborhood because the practice of installing clarify the color of the background area. roads and school zones), do not require reduced speed signs in advance of speed The FHWA also proposed revising an engineering study. The FHWA also zones with more than a 10 mph paragraph 11 to indicate that unless an proposed to add a new SUPPORT reduction has been in place in many In-Street Pedestrian Crossing sign is statement to provide additional States for decades. In addition, some placed on a physical island, it is to be information about the difference States and local highway agencies have designed to bend over and then bounce between a statutory speed limit and an engaged in the practice of establishing back to its normal vertical position altered speed zone. A citizen opposed speed limits more than 10 mph lower when struck by a vehicle. A local DOT the descriptions because he believes than the rural statutory speed limit and a traffic control device they offer a way to avoid doing a proper when entering a town or commercial manufacturer supported this provision, speed survey and thus enable area, and road users need to be warned while a State DOT opposed the jurisdictions to post unreasonably low of such situations. The FHWA also language, stating that drums, cones, and speed limits. The FHWA disagrees, as adopts this change in order to provide other types of devices used within this is only a SUPPORT statement that consistency with changes contained in roadways are not required to have this does not affect the other provisions Chapter 2C. The FHWA clarifies the STANDARD ability. The FHWA adopts this language regarding studies to establish speed statement proposed in the NPA for the in this final rule because while all signs limits, and the FHWA adopts the SUPPORT statement in this final rule to establishment of speed zones on the must be crashworthy, these in-street clarify the difference between statutory basis of an engineering study of the signs need to have special supports to speed limits and altered speed zones. current speed distribution of free- minimize damage to vehicles and The FHWA also proposed to add a flowing vehicles, by adding SUPPORT injuries to pedestrians if the signs are new OPTION statement to permit the and OPTION statements in this final struck by a passing vehicle. use of several new plaques (R2–5P rule in response to comments from the Finally, the FHWA adds paragraph 13 series) to be mounted with the Speed NCUTCD. That organization suggested that provides requirements for the Limit Sign when a jurisdiction has a more clarification as to engineering mounting heights of In-Street Pedestrian policy of installing speed limit signs studies that should be conducted to Crossing signs. A traffic control device only on the streets that enter from a reevaluate non-statutory speed limits manufacturer opposed the mounting jurisdictional boundary or from a and the posting of altered speed zones. height requirements; however, FHWA higher-speed street to indicate that the The FHWA believes these adopted adopts these requirements as proposed speed limit is applicable to the entire changes will assist agencies with in the NPA to preclude incorrect city, neighborhood, or residential area reevaluating non-statutory speed limits mounting of this sign when it is on an unless otherwise posted. A State DOT, on segments of their roadways that have island and to assure that the signs are 26 Information on the FHWA’s crash-testing of in- 27 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ 25 FHWA’s Official Interpretation #7–64(I), July street signs can be viewed at the following Internet FHWA, December 2005, pages 19–20, can be 23, 2004, can be viewed at the following Internet Web site: http://safety.fhwa.dot.gov/ viewed at the following Internet Web site: http:// Web site: http://mutcd.fhwa.dot.gov/resources/ roadway%5Fdept/policy_guide/road_hardware/ tcd.tamu.edu/documents/rwstc/Signs_Synthesis- interpretations/7_64.htm. breakaway/signsupports.cfm. Final_Dec2005.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66747

undergone significant changes since the the No Straight Through (R3–27) sign in those comments and suggests that the last review; such as the addition or the GUIDANCE statement in this Roundabout Directional Arrow and/or elimination of parking, change in the section. The NCUTCD, ATSSA, a State ONE WAY signs can be used to help in number of travel lanes, changes in DOT, two local DOTs, an association, those situations. The FHWA adopts the bicycle lane configuration, or signal and two citizens supported this new language as proposed in the NPA to coordination and in determining speed sign, although some of the commenters provide uniformity in signing at limits in speed zones. also suggested that the signs be allowed roundabouts and to reduce the As discussed above, in the NPA the for other applications. A State DOT and possibility of confusion for drivers that FHWA proposed to add in paragraph 01 two local DOTs opposed the new sign intend to turn left by circumnavigating of the STANDARD statement a because they felt that it was the roundabout. requirement that the engineering study unnecessary. The commenters suggested 70. In Section 2B.19 (Section 2B.20 of that is performed to determine a speed that the DO NOT ENTER (R5–1) sign the 2003 MUTCD) Intersection Lane zone shall include an analysis of the serves the same purpose. The FHWA Control Signs, the FHWA proposed to current speed distribution of free- disagrees and adopts the symbolic No add to the GUIDANCE statement that flowing vehicles. Based on a comment Straight Through sign as proposed in overhead lane control signs should be from the Regulatory and Warning Signs the NPA. The sign is most commonly installed over the appropriate lanes on Technical Committee of the NCUTCD to used for traffic restrictions associated signalized approaches where lane drops, include additional guidance and with traffic calming programs. The sign multiple-lane turns with shared supporting information for the is useful at intersections having four through-and-turn lanes, or other lane- establishment of speed zones in the approaches, where the through use controls that would be unexpected vicinity of signalized intersections, the movement to be prohibited is onto a by unfamiliar road users are present. FHWA adds paragraph 13 to the street or road that does not have a ‘‘Do The NCUTCD, an NCUTCD member, a GUIDANCE statement to recommend Not Enter’’ condition, such as when 90- local DOT, and a citizen supported the that speed studies on signalized degree turns into the roadway are language that lane control signs should intersection approaches be taken allowed, but the straight ahead be mounted overhead. Eight State DOTs outside the influence area of the traffic movement into the roadway is and seven local DOTs, however, control signal, which is generally prohibited. This new sign uses the suggested that placing lane control signs considered to be approximately 1⁄2 mile, standard Canadian MUTCD RB–10 sign overhead, as well as using oversized to avoid obtaining skewed results for the as the basis of the design. The FHWA post-mounted signs, should be an 85th percentile speed. Following this adds an illustration of this new sign to option, rather than a recommendation, GUIDANCE, the FHWA adds a Figure 2B–4. because of the costs involved. The SUPPORT statement regarding the use The FHWA also changes paragraph 09 FHWA adopts the recommendation to of advance warning signs in the vicinity regarding the use of Turn Prohibition use overhead signs for the stated of signalized intersections. The FHWA Signs adjacent to signal heads from an conditions, however to address the believes that this new text provides OPTION to a GUIDANCE statement. comments from the DOTs, the FHWA agencies with additional information Although a local DOT opposed provides additional information in this that is useful in establishing speed strengthening this language to a final rule to clarify alternatives to zones and gaining motorists’ awareness. recommendation, the FHWA believes mounting overhead signs when it is Finally, the FHWA adds a new that for conspicuity reasons, these signs impractical to do so. These changes are GUIDANCE statement to indicate that should be mounted near the appropriate adopted to enhance safety and Speed Limit signs should not be used to signal face, and this reflects typical efficiency by providing for more warn of an advisory speed for a roadway practice. Therefore, the FHWA adopts in effective signing for potentially condition, based on a comment from the this final rule the proposed changes to confusing intersection configurations. NCUTCD that this is needed for a recommended practice rather than an The FHWA also proposed to add a consistency with the provisions of option. paragraph at the end of the OPTION Section 2C.08 Advisory Speed Plaque. Additionally, the FHWA adds new statement regarding the types of arrows The FHWA also adds a reference to STANDARD and SUPPORT statements that may be used on Intersection Lane Section 2C.08 for information on at the end of this section to prohibit the Control signs at roundabouts. ATSSA, advisory speed plaques for these use of No Left Turn, No U-Turn, and the NCUTCD, an NCUTCD member, a conditions. combination No U-Turn/No Left Turn State DOT, and two local DOTs 67. In Section 2B.17 Higher Fines signs at roundabouts in order to prohibit supported the arrow shapes, while Signs and Plaque, the FHWA proposed drivers from turning left onto the another NCUTCD member thought that changes to OPTION, GUIDANCE, circular roadway of a roundabout. The including four different ways to show STANDARD, and SUPPORT statements. language also indicates that Roundabout each movement lacked uniformity. A In this final rule, the FHWA revises the Directional Arrow and/or ONE WAY traffic engineering consultant supported existing and proposed text to be signs are the appropriate signs to the various options for arrows because consistent with similar provisions in indicate the travel direction for this he believes that road users understand Chapter 6F and Chapter 7B for the condition. The NCUTCD and two of its and interpret normal lane control application of Higher Fines signs and members, a State DOT, two local DOTs, arrows better than fish hook arrows. A plaque. and a traffic engineering consultant local DOT suggested that the left-turn 68. The FHWA relocates all of the text supported the proposed language. Some arrow should be prohibited from use at from Section 2B.18 Location of Speed comments in support of the proposal roundabout intersections. The FHWA Limit Sign of the 2003 MUTCD to also indicated that there might be adopts the changes as proposed in the Section 2B.13 Speed Limit Sign (see unique existing situations where the NPA along with ‘‘Figure 2B–5 item 66 above). design of the roundabout is confusing Intersection Lane Control Sign Arrow 69. In Section 2B.18 (Section 2B.19 of and/or driver expectancy is such that a Options for Roundabouts’’ illustrating the 2003 MUTCD), the FHWA changes No Left Turn sign is needed to correct the signs, to reflect current practice for the title to ‘‘Movement Prohibition driver behavior at roundabout roundabout signing and to correspond Signs’’ to incorporate the inclusion of approaches. The FHWA disagrees with with similar options for pavement

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66748 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

marking arrows on roundabout response to comments from the Section 2B.20, a local DOT supported approaches in Part 3. The FHWA notes NCUTCD and a citizen. The commenters this change, while two State DOTs, two that human factors research 28 found suggested that this statement was more local DOTs, and two NCUTCD members that all of the arrow designs shown for appropriate as a recommendation, and opposed this change, suggesting that it roundabout movements were well they also indicated that the should be optional rather than understood by the public. supplemental plaques should be added recommended. The FHWA disagrees 71. In Section 2B.20 (Section 2B.21 in above the sign, rather than below, since because lane use regulation is critical the 2003 MUTCD) Mandatory placing the information at the top of the information for drivers that can be Movement Lane Control Signs, the sign assembly allows drivers to quickly obscured by other traffic on approaches FHWA proposed in the NPA to revise determine if the sign applies to them. of three or more through lanes when the first paragraph of the STANDARD The FHWA agrees and incorporates post-mounted. statement to clarify that Mandatory these changes in this final rule. Similar to comparable provisions in Movement Lane Use Control signs shall The FHWA also add paragraphs 06 Section 2B.20, in this final rule the indicate only the single vehicle and 07 in response to a comment from FHWA changes paragraph 06 from a movement that is required from each the NCUTCD to clarify the use of R3– STANDARD statement, as proposed in lane, and to clarify the placement of the 7 LEFT (RIGHT) LANE MUST TURN the NPA, to a GUIDANCE statement to signs. The FHWA also proposed to add LEFT (RIGHT) Mandatory Movement recommend, rather than require, that that where three or more lanes are Lane Control signs, because they are R3–5 series supplemental plaques available to through traffic and being misused throughout the country. (LEFT LANE, TAXI LANE, etc) for R3– Mandatory Movement Lane Control The FHWA agrees and adds these 5 series lane control signs on two-lane symbol signs are used, they shall be paragraphs in the final rule to clarify approaches be mounted above the mounted overhead. A State DOT where these signs should and should associated R3–6 sign, for consistency supported this requirement; however, not be used. with a similar statement in Section four State DOTs, three local DOTs, two Finally, as proposed in the NPA, the 2B.20. NCUTCD members, and a citizen FHWA adds an OPTION statement at The FHWA also adds paragraph 08, as opposed the requirement, suggesting the end of this section describing the proposed in the NPA, prohibiting the that overhead installations are not optional use of the new BEGIN RIGHT use of the word message ONLY when always practical and that post-mounted TURN LANE (R3–20R) and BEGIN LEFT more than one movement is permitted R3–5 signs with plaques are sufficient TURN LANE (R3–20L) signs at the from a lane. The FHWA adopts this and easily understood. The FHWA upstream end of the turn lane taper of change in this final rule to be consistent disagrees and notes that the intent is to mandatory turn lanes. The FHWA adds with other requirements in the MUTCD prohibit post-mounted lane use control this change to give agencies flexibility to regarding the use of the term ONLY for signs on approaches with three or more use these new signs to designate the lane use. through lanes, because the needed lane beginning of mandatory turn lanes 73. In Section 2B.22 Advance use information is more visible where needed for enforcement Intersection Lane Control Signs (Section overhead rather than off to the side purposes. The NCUTCD, ATSSA, and a 2B.23 in the 2003 MUTCD), the FHWA where traffic in the adjacent lanes limits local DOT supported this change. A proposed in the NPA to add paragraph the visibility of post-mounted signs. In State DOT and a NCUTCD member 05 prohibiting the overhead placement addition, lane use regulatory signing is opposed the introduction of the R3–20 of Advance Intersection Lane Control to be placed over the lane to which it sign, because the R3–7 and R3–5 signs (R3–8) signs where the number of lanes applies on approaches with three or are available and therefore they believe available to traffic on an approach is more through lanes, and not just where that another sign is not needed and three or more. In such cases, overhead one of the lanes changes to a mandatory would reduce uniformity. The FHWA R3–5 signs are used. The NCUTCD, a turn lane or combination turn lane. This disagrees, because this new optional State DOT, three local DOTs, and a is crucial information for motorists and sign will provide road users additional traffic engineering consultant pointed the lack of overhead lane use signing information regarding mandatory turn out confusing language in the statement contributes to crashes on multilane lanes. The FHWA adopts the R3–20 proposed in the NPA. The FHWA approaches to intersections. The FHWA sign, incorporating an editorial clarifies the language in this final rule also adopts these changes for suggestion regarding its placement, in to refer to the total number of lanes, not consistency with Section 2B.21. this final rule. just through lanes. This section pertains In this final rule, the FHWA changes 72. In Section 2B.21 (Section 2B.22 in to advance lane use signs, while Section paragraph 05 from a STANDARD the 2003 MUTCD) Optional Movement 2B.19 addresses lane use control signs at statement to a GUIDANCE statement to Lane Control Sign, the FHWA revises the intersection. recommend, rather than require, that the STANDARD statement, as proposed 74. The FHWA adds a new section R3–5 series supplemental plaques in the NPA, to clarify that, if used, numbered and titled Section 2B.23 (LEFT LANE, TAXI LANE, etc.) for R3– Optional Movement Lane Control signs RIGHT (LEFT) LANE MUST EXIT Sign. 5 series lane control signs on two-lane shall be located in advance of and/or at This section, as proposed in the NPA, approaches be mounted above the the intersection where the lane controls contained an OPTION statement associated R3–5 sign. Although these apply. This change also provides describing the use of this sign for a lane changes were not proposed in the NPA, consistency with Section 2B.20 of a freeway or expressway that is the FHWA adopts these changes in regarding placement of Mandatory approaching a grade-separated Movement Lane Control Signs. interchange where traffic in the lane is 28 ‘‘Lane Restriction Signing and Marking for The FHWA also adopts the proposed required to depart the roadway onto the Double-Lane Roundabouts’’, Final Report, October paragraph 05 requiring that Optional exit ramp at the next interchange. As 2007, by John A. Molino, Vaughn W. Inman, Bryan Movement Lane Control (R3–6) signs be documented in the Sign Synthesis J. Katz, and Amanda Emo, for the Traffic Control mounted overhead if used on an 29 Devices Pooled Fund Study, can be viewed at the Study, at least 12 States currently use following Internet Web site: http:// approach where the number of lanes www.pooledfund.org/documents/TPF-5_065/ available to through traffic is three or 29 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ FinalRoundaboutReport.pdf. more. Similar to the comments in FHWA, December 2005, page 22, can be viewed at

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66749

this type of regulatory sign for freeway its suggestion on recommendation #15 proposed symbol sign has been in use lane drop situations to establish the from the Sign Synthesis Study.30 The and is well understood in Europe and ‘‘must exit’’ regulation and make it FHWA agrees and adopts this new Canada (the Canadian MUTCD RB–31 enforceable where warning signs (such section, along with an illustration of the sign) for many decades,32 the FHWA as the overhead ‘‘Exit Only’’ black-on- plaques in Figure 2B–6, in this final does not adopt the symbol sign in this yellow warning plaque on guide signs) rule. final rule because of comments from the and markings alone have proven 77. The FHWA adds a new section NCUTCD and two of its members, seven ineffective. ATSSA, an NCUTCD titled Section 2B.27 Jughandle Signs. As State DOTs, and five local DOTs member, and a local DOT supported the proposed in the NPA, this section suggesting that U.S. drivers would not new RIGHT (LEFT) LANE MUST EXIT contains SUPPORT, STANDARD, and understand its meaning. The FHWA (R3–33) sign; however, another OPTION statements regarding the use of agrees that additional human factors NCUTCD member opposed the sign regulatory signs for jughandles. A State testing of the symbol is desirable before because he felt that there are similar DOT suggested that road users would be future consideration of adoption of this signs in the MUTCD that can be used. better served by advance guide signing symbol. The FHWA disagrees because there are for jug handles, rather than regulatory 79. In the NPA, the FHWA proposed no other post-mounted regulatory signs signing. The FHWA disagrees because to add a new section numbered and that adequately convey this message. regulatory signing is critical for titled Section 2B.35 DO NOT PASS The FHWA adopts this section in this jughandles since the geometry typically WHEN SOLID LINE IS ON YOUR SIDE final rule with revisions to indicate that requires left turns and U-turns to be sign, which contained an OPTION this sign may be used to supplement an made via a right turn, either in advance statement describing the use of this overhead EXIT ONLY guide sign, in of or beyond the intersection, and this word message sign. ATSSA and two response to a comment from a toll road is contrary to normal driver local DOTs supported this new sign. operator that further clarification was expectations. The Sign Synthesis Although at least five States use signs to needed to preclude unintended uses of Study 31 found that jughandles are remind road users of the meaning of a the R3–33 sign. currently in common use in at least six solid yellow line for no-passing zones, 75. Although the FHWA did not States and the FHWA believes that the NCUTCD and two of its members, propose in the NPA any significant jughandles are likely to see increasing eight State DOTs, four local DOTs, and changes to Section 2B.24 Two-Way Left use in the future in more States in order a local association of traffic engineers Turn Only Signs, the FHWA received to improve intersection safety and recommended deleting this section and comments from three local DOTs operations. Therefore, in order to the associated sign in its entirety suggesting that two-way left turn only provide agencies with uniform signing because they felt that the proposed sign signs are no longer necessary because practices for several of the most was not needed. Many stated that the this turn configuration has been in use common geometric layouts of No Passing Pennant (W14–3) warning for long enough that motorists are jughandles, the FHWA adds this new sign may be used for this purpose. The familiar with its operation. The section along with several new signs FHWA agrees and does not adopt this commenters suggested that two-way left and a figure to illustrate their use. section or the sign in this final rule. turn only signs be optional, rather than ATSSA and a local DOT supported the 80. In the NPA, the FHWA proposed recommended. The FHWA disagrees regulatory signs illustrated in the figure. to retitle Section 2B.31 of the 2003 because the operation of two-way left- The NCUTCD suggested editorial MUTCD to ‘‘KEEP RIGHT EXCEPT TO turn lanes is a regulatory application changes to the text and to the arrows on PASS Sign and SLOWER TRAFFIC requiring motorists to turn left out of the some of the signs, which the FHWA KEEP RIGHT Sign’’ to reflect the lane rather than using the lane as an adopts in this final rule. Although a proposed addition of a new KEEP auxiliary through lane. Lane markings local DOT opposed the use of ‘‘U Turn RIGHT EXCEPT TO PASS sign in this alone regulate traffic only for NO and Left Turn’’ language on the R3–24 section. The Sign Synthesis Study 33 PASSING zones; therefore two-way left signs, the FHWA incorporates the sign found that at least 19 States use a ‘‘Keep turn only signs are needed. The FHWA designs, as proposed in the NPA, Right Except to Pass’’ sign to legally retains this section, as it existed in the because the sign designs and their require vehicles to stay in the right-hand 2003 MUTCD, with minor editorial applications have effectively been in use lane of a multi-lane highway except changes. in several States for decades and are when passing a slower vehicle, and the 76. Although not proposed in the critical information for road user FHWA feels that a consistent message NPA, the FHWA adds a new section decisions for the condition of an should be provided to road users. The numbered and titled Section 2B.25 indirect left turn. NCUTCD, an NCUTCD member, BEGIN and END Plaques, consisting of 78. In Section 2B.28 DO NOT PASS ATSSA, and a local DOT supported the an OPTION statement for the optional Sign (Section 2B.29 of the 2003 new KEEP RIGHT EXCEPT TO PASS use of the BEGIN or END plaque and a MUTCD), in the NPA the FHWA sign. The NCUTCD also noted that the STANDARD statement that, if the proposed a new symbol sign for the DO new KEEP RIGHT EXCEPT TO PASS plaque is used, it is to be placed above NOT PASS (R4–1) Sign. ATSSA, three sign is used for different situations than a regulatory sign. The FHWA adds this local DOTs, and two citizens supported the SLOWER TRAFFIC KEEP RIGHT new section in response to comments the new symbol signs. Although the sign. The FHWA agrees and adopts from the NCUTCD that the existing END plaques already contained in Section 30 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ 32 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ 2D.22 and the BEGIN plaque proposed FHWA, December 2005, pages 22–23, can be FHWA, December 2005, page 24, can be viewed at in the NPA in Section 2D.23 should be viewed at the following Internet Web site: http:// the following Internet Web site: http:// made available for optional use with tcd.tamu.edu/documents/rwstc/ tcd.tamu.edu/documents/rwstc/ Signs_Synthesis-Final_Dec2005.pdf. Signs_Synthesis-Final_Dec2005.pdf. any regulatory sign. The NCUTCD based 31 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ 33 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ FHWA, December 2005, page 24, can be viewed at FHWA, December 2005, page 25, can be viewed at the following Internet Web site: http:// the following Internet Web site: http:// the following Internet Web site: http:// tcd.tamu.edu/documents/rwstc/ tcd.tamu.edu/documents/rwstc/ tcd.tamu.edu/documents/rwstc/ Signs_Synthesis-Final_Dec2005.pdf. Signs_Synthesis-Final_Dec2005.pdf. Signs_Synthesis-Final_Dec2005.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66750 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

revisions in this final rule to separate MUTCD. The third new section is FHWA adopts this exception based on the applications of each of the signs, numbered and titled Section 2B.35 Slow recommendations from the Older Driver including placing the new KEEP RIGHT Vehicle Turn-Out Signs, and contains handbook 36 and positive experience in EXCEPT TO PASS sign in its own SUPPORT, OPTION, and STANDARD several States. Section, numbered Section 2B.30 in this statements regarding three new signs 86. In Section 2B.39 Selective final rule. that may be used on two-lane highways Exclusion Signs (Section 2B.36 in the 81. In Section 2B.31 (numbered where physical turn-out areas are 2003 MUTCD), as proposed in the NPA, Section 2B.32 in the 2003 MUTCD), as provided for the purpose of giving a the FHWA changes the legend of several proposed in the NPA, the FHWA retitles group of faster vehicles an opportunity existing selective exclusion signs to use the Section to ‘‘TRUCKS USE RIGHT to pass a slow-moving vehicle. ATSSA the word NO rather than PROHIBITED LANE Sign’’ and revises the section to and a local DOT supported the SLOW or EXCLUDED, to simplify the messages discontinue the use of the TRUCK VEHICLES WITH XX OR MORE and make them easier to read from a LANE XXX FEET (R4–6) as a regulatory FOLLOWING VEHICLES MUST USE distance. ATSSA, a State DOT, and a sign because the message is one of TURN–OUT (R4–12) sign; however, two local DOT supported this change. The guidance information (distance to the State DOTs opposed the sign because of FHWA also adds the new No Skaters start of the truck lane) rather than safety concerns. As documented in the (R9–13) and No Equestrians (R9–14) regulatory in nature. This is consistent Sign Synthesis Study,34 at least eight signs to this list, as well as to Figure 2B– with changes in Chapter 2D that add a States, mostly in the west, use 11, based on comments from the new guide sign with this message. The regulatory signs to legally require slow NCUTCD, a State DOT, two NCUTCD FHWA also adds an OPTION statement, moving vehicles to use the turnout if a members, and several pedestrian/ as proposed in the NPA, which certain number of following vehicles are bicycle associations. describes the appropriate optional use being impeded. Most of the eight States To respond to a comment from a State of the TRUCKS USE RIGHT LANE sign use similar wording on their signs, but DOT, the FHWA adds paragraph 06 to on multi-lane roadways to reduce there are some variations. The FHWA recommend that the NO PEDESTRIANS unnecessary lane changing. adds these new signs in this final rule OR BICYCLES (R5–10b) sign, when 82. In Section 2B.32 Keep Right and to provide for uniformity of the used on a freeway or expressway exit or Keep Left Signs (numbered Section message. entrance ramp, should be installed in a 2B.33 in the 2003 MUTCD) the FHWA 84. As proposed in the NPA, the location where it is clearly visible to any adds a new narrow Keep Right (R4–7c) FHWA adds a new section numbered pedestrian or bicyclist attempting to sign that may be installed on narrow and titled Section 2B.36 DO NOT DRIVE enter the limited access facility from a medians where there is insufficient ON SHOULDER Sign and DO NOT street intersecting the exit ramp. In the NPA, the FHWA proposed to lateral clearance for a standard width PASS ON SHOULDER Sign, which Keep Right sign. ATSSA, a State DOT, add two new regulatory signs, contains an OPTION statement two local DOTs, and a traffic AUTHORIZED VEHICLES ONLY and regarding the use of these two new signs engineering consultant supported this FOR OFFICIAL USE ONLY to the last to inform road users that use of the new sign. In the NPA, the FHWA OPTION statement to reflect current shoulder as a travel lane or to pass other proposed that this narrower sign may be practice. While ATSSA and a local DOT vehicles is prohibited. ATSSA installed on medians less than 6 feet in supported both of these signs, an supported these two new signs. The width; however, in this final rule the NCUTCD member suggested that their FHWA adopts these 2 new signs in this FHWA revises the permitted use of this meaning was so similar that only one final rule because the Sign Synthesis sign to medians less than 4 feet wide sign is needed. The FHWA agrees and Study 35 based on a comment from ATSSA. The found that at least 19 States are adopts the AUTHORIZED VEHICLES FHWA adopts this new sign, which is using some version of regulatory sign to ONLY (R5–11) sign in this final rule and only 12 inches wide rather than the prohibit driving, turning, and/or passing deletes the FOR OFFICIAL USE ONLY standard 24-inch wide R4–7 sign, to on shoulders and the FHWA feels that sign. reflect current practice in some States consistent and uniform messages for 87. In Figure 2B–26 (Figure 2B–18 in and to provide other agencies with the these purposes should be provided to the 2003 MUTCD) Pedestrian Signs and flexibility to use this sign where road users. Plaques, the FHWA in this final rule applicable. 85. In Sections 2B.37 DO NOT ENTER modifies the designs of the R10–3, R10– 83. As proposed in the NPA, the Sign and 2B.38 WRONG WAY Sign 3a through R10–3e, R10–4 and R10–4a FHWA adds three new sections (Sections 2B.34 and 2B.35 of the 2003 to include the Canadian MUTCD following Section 2B.32. The first new MUTCD) the FHWA adds SUPPORT standard symbol for pushbuttons (in section is numbered and titled Section statements, as proposed in the NPA. addition to the words), as proposed in 2B.33 STAY IN LANE Sign, and These statements reference Section the NPA, to begin the symbolization of contains OPTION and GUIDANCE 2B.41, which allows lower mounting the ‘‘pushbutton’’ message. The FHWA statements on the use of STAY IN LANE heights for Do Not Enter and Wrong adopts this change to provide better (R4–9) signs and the pavement markings Way signs as a specific exception when harmony in North American signing that should be used with them. The an engineering study indicates that it design, which is needed as a result of second new section is numbered and would address wrong-way movements the increased travel between the U.S., titled Section 2B.34 RUNAWAY at freeway/expressway exit ramps. The Canada, and Mexico resulting from VEHICLES ONLY Sign, and contains a NAFTA. The FHWA is adopting this GUIDANCE statement regarding the use 34 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ new pushbutton symbol on several signs FHWA, December 2005, page 25, can be viewed at of the RUNAWAY VEHICLES ONLY the following Internet Web site: http:// throughout the MUTCD. sign near truck escape ramp entrances. tcd.tamu.edu/documents/rwstc/Signs_Synthesis- Both the STAY IN LANE and Final_Dec2005.pdf. 36 ‘‘Guidelines and Recommendations to RUNAWAY VEHICLES ONLY signs are 35 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ Accommodate Older Drivers and Pedestrians,’’ FHWA, December 2005, page 25, can be viewed at FHWA Report no. FHWA–RD–01–051, May 2001, existing signs illustrated in Figure 2B– the following Internet Web site: http:// can be viewed at the following Internet Web site: 10 (Figure 2B–8 of the 2003 MUTCD), tcd.tamu.edu/documents/rwstc/Signs_Synthesis- http://www.tfhrc.gov/humanfac/01105/cover.htm. but not described in the text of the 2003 Final_Dec2005.pdf. Recommendation II.D(4d).

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66751

88. As proposed in the NPA, in the installation of the additional conducted by Texas Transportation Section 2B.40 ONE WAY Signs (Section required signs in conjunction with their Institute,41 and the results of crash 2B.37 of the 2003 MUTCD), the FHWA programs for maintaining and replacing testing of sign supports of various changes paragraph 03 to a STANDARD other signs at existing locations that are heights as documented in AASHTO’s to require, rather than recommend, that worn out or damaged, thus minimizing Roadside Design Guide.42 at an intersection with a divided any impacts. 90. In Section 2B.42 Divided Highway highway having a median width of 30 The FHWA also adds new OPTION, Crossing Signs (Section 2B.38 in the feet or more, ONE WAY signs be placed GUIDANCE, and SUPPORT statements 2003 MUTCD), the FHWA proposed in on the near right and far left corners of at the end of the Section regarding the the NPA to change the first OPTION each intersection with the directional use of ONE WAY signs on central statement to a STANDARD statement to roadways to reflect recommendations islands of roundabouts. The FHWA require the use of Divided Highway from the Older Driver handbook.37 In adopts this text to promote consistency Crossing Signs for all approaches to concert with these changes, and based in signing for roundabouts. divided highways in order to encompass on comments from a State DOT, the Additionally, to respond to a recommendations from the Older Driver FHWA clarifies that, at an intersection comment from the NCUTCD and to handbook.43 Although ATSSA with a divided highway that has a provide highway agencies with a supported this change, six State DOTs, median width of less than 30 feet, Keep uniform method of communicating eight local DOTs, three NCUTCD Right (R4–7) signs shall be installed, potentially important messages, in this members, a traffic engineering visible to traffic on the divided highway final rule the FHWA adds BEGIN ONE consultant, and a citizen all opposed the and each crossroad approach, and/or WAY and END ONE WAY signs as change, suggesting that it was ONE WAY signs shall be placed, visible optional signs that may be used to notify unrealistic in urban areas and would to each crossroad approach, on the near approaching road users of the beginning involve the installation of too many right and far left corners of the point or ending point of a one-way signs. As a result of the comments, the intersection. The FHWA also adds an directional roadway. These new FHWA reevaluated this proposal and OPTION statement allowing ONE WAY optional signs are consistent with the underlying research and signs to also be placed on the far right existing sign designs. The Signs recommendations from the Older Driver corner of an intersection with a divided Synthesis Report 39 indicates these signs Handbook. Based on that review, the highway that has a median width of less are in use in some States. The FHWA FHWA revises the first STANDARD than 30 feet. The FHWA revises Figures adopts the signs in the text and includes statement to require the installation of a 2B–15 through 2B–17 accordingly. them in Figure 2B–13, and notes that Divided Highway Crossing sign on The FHWA also adds two the impact of this addition is mitigated unsignalized minor-street approaches STANDARD paragraphs as proposed in as the use of these signs is optional. from which both left turns and through the NPA to require two ONE WAY signs 89. As proposed in the NPA, the movements are permitted onto a divided for each approach for T-intersections FHWA relocates the information from highway having a median width at the and cross intersections, one on the near Section 2E.50 of the 2003 MUTCD to a intersection itself of 30 feet or greater. side and one on the far side. The FHWA new section numbered and titled The FHWA notes that the operational adopts this change to reflect Section 2B.41 Wrong-Way Traffic and safety issues with side road recommendations from the Older Driver Control at Interchange Ramps. The approaches to divided highways is for handbook.38 FHWA adopts this change because these left turns out of the side road approach The FHWA establishes a target types of signs are regulatory in nature, onto the divided highway and for compliance date of December 31, 2019, rather than guide signs. through crossing movements from the (approximately 10 years from the In addition, the FHWA adds side road approach, rather than for right effective date of this final rule) for the paragraph 06 allowing the option to turn movements, and revises the installation of the additional ONE WAY mount a DO NOT ENTER sign(s) and/or STANDARD and OPTION statements and/or Keep Right signs required to a WRONG WAY sign(s) along the exit accordingly. As part of this change, the achieve compliance with these ramp facing a road user at a lower FHWA also adopts an OPTION provisions at existing locations. The mounting height under specific statement to allow the Divided Highway FHWA establishes this target conditions. A local DOT supported this Crossing sign to be omitted if the compliance date because of the option, while two State DOTs and a divided road has average annual daily demonstrated safety issues associated local DOT expressed concerns about the traffic less than 400 vehicles per day with wrong-way travel on divided crashworthiness of signs at this lower and a speed limit of 30 mph or less. The highways and because the FHWA mounting height. Another local DOT FHWA also adopts an OPTION anticipates that installation of the suggested that a lower mounting height should not be allowed for signs, because required additional signs at existing 41 ‘‘Countermeasures for Wrong-Way Movement locations will provide significant safety other signs are restricted from being on Freeways: Overview of Project Activities and benefits to road users. State and local installed in this manner. The FHWA Findings,’’ Report number FHWA/TX–04/4128–1, highway agencies and owners of private disagrees with the commenters and January 2004, by Scott A. Cooner, A. Scott Cothron, adopts this language in this final rule and Steven E. Ranft, can be viewed at the following roads open to public travel can schedule Internet Web site: http://tti.tamu.edu/documents/ because of the effective application of 4128–1.pdf. 40 37 ‘‘Guidelines and Recommendations to this option in several States, research 42 ‘‘Roadside Design Guide, 3rd Edition,’’ 2002, is Accommodate Older Drivers and Pedestrians,’’ available for purchase from the American FHWA Report no. FHWA–RD–01–051, May 2001, 39 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ Association of State Highway and Transportation can be viewed at the following Internet Web site: FHWA, December 2005, page 26, can be viewed at Officials, via the Internet Web site: https:// http://www.tfhrc.gov/humanfac/01105/cover.htm. the following Internet Web site: http:// bookstore.transportation.org/ Recommendations I.E(4), I.K(2), and I.K(3). tcd.tamu.edu/documents/rwstc/Signs_Synthesis- item_details.aspx?ID=148. 38 ‘‘Guidelines and Recommendations to Final_Dec2005.pdf. 43 ‘‘Guidelines and Recommendations to Accommodate Older Drivers and Pedestrians,’’ 40 ‘‘Marking the Way to Greater Safety,’’ Senior Accommodate Older Drivers and Pedestrians,’’ FHWA Report no. FHWA–RD–01–051, May 2001, Mobility Series: Article 4, Public Roads Magazine, FHWA Report no. FHWA–RD–01–051, May 2001, can be viewed at the following Internet Web site: July/August 2006, page 55, can be viewed at the can be viewed at the following Internet Web site: http://www.tfhrc.gov/humanfac/01105/cover.htm. following Internet Web site: http://www.tfhrc.gov/ http://www.tfhrc.gov/humanfac/01105/cover.htm. Recommendations I.K(4) and I.K(5). pubrds/06jul/08.htm. Recommendation I.K(1).

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66752 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

statement permitting the use of the heights is provided in AASHTO’s crossing warning sign and certain Divided Highway Crossing sign facing Roadside Design Guide.45 horizontal alignment warning signs in signalized minor-street approaches from 92. The FHWA adopts a new section certain conditions. which both left and right turns are numbered and titled Section 2B.44 94. In Section 2B.47 Design of permitted onto a divided highway Roundabout Circulation Plaque, as Parking, Standing, and Stopping Signs having a median width of 30 feet or proposed in the NPA, that contains (Section 2B.40 in the 2003 MUTCD), the greater at the intersection. GUIDANCE and OPTION statements FHWA adopts several changes to the regarding the use of the Roundabout colors of the borders of parking signs, as The FHWA also proposed in the NPA Circulation Sign at roundabouts and proposed in the NPA. The FHWA to change the existing 2nd OPTION other circular intersections. ATSSA, a revises paragraph 03 to reflect that the statement to a STANDARD statement in local DOT, and a traffic engineering Parking Prohibition signs R8–4 and R8– order to require that the Divided consultant supported this new section 7 and the alternate design for the R7– Highway Crossing sign be located on the and the associated sign, while a State 201aP plaque shall have a black legend near right corner of the intersection. The DOT and a local DOT suggested that and border on a white background, and FHWA adopts this change as proposed. more signs at roundabouts are not the R8–3 sign shall have a black legend As part of this change, the FHWA also needed. Three local DOTs suggested and border and a red circle and slash on adds an OPTION statement to permit that a supplemental YIELD TO a white background. A traffic the installation of an additional Divided TRAFFIC IN CIRCLE plaque under the engineering consultant supported the Highway Crossing sign on the left-hand YIELD sign be permitted. The FHWA black border, while a local DOT side of the approach to supplement the disagrees and does not incorporate the opposed the use of a black border. The sign on the near right corner of the supplemental plaque in this final rule, FHWA adopts the color changes to intersection. The FHWA adopts these to because the FHWA is not aware of any reflect the existing designs of these implement recommendations from the studies documenting the effectiveness of specific signs. Older Driver handbook.44 such a plaque, but the FHWA notes that Based on a comment from an NCUTCD member, the FHWA relocates 91. As proposed in the NPA, the the MUTCD provides agencies the the VAN ACCESSIBLE plaque from this FHWA adds a new section numbered flexibility to develop and use word section and Figure 2B–24 to Chapter 2I and titled Section 2B.43 Roundabout message plaques at problem locations if they deem it necessary. The FHWA and Figure 2I–1. As part of this change, Directional Arrow Signs, containing adopts this section and the associated the FHWA changes its sign designation STANDARD, GUIDANCE, and OPTION sign as proposed in the NPA. to D9–6a. The FHWA also changes statements on the use of Roundabout 93. The FHWA also adopts a new paragraph 08 to a STANDARD to require Directional Arrow Signs. ATSSA, an section numbered and titled Section that a VAN ACCESSIBLE plaque be NCUTCD member, a local DOT, and a 2B.45 Examples of Roundabout Signing, installed below the R7–8 sign where traffic engineering consultant supported as proposed in the NPA, that contains parking spaces that are reserved for the use of these signs. Two State DOTs, a SUPPORT statement referencing new persons with disabilities are designed to three local DOTs, two traffic engineering Figures 2B–21 through 2B–23 that accommodate wheelchair vans. The consultants, an NCUTCD member, and a illustrate examples of regulatory and FHWA adopts this change to reflect citizen commented about the design of warning signs for roundabouts of Section 502.6 of the Americans with the sign. The NCUTCD member various configurations. The SUPPORT Disabilities Act. A traffic engineering supported the sign design. Many of the statement also references other areas in consultant opposed this requirement commenters suggested that the the Manual that contain information on and questioned how agencies are to background color should be yellow guide signing and pavement markings at enforce the requirement on private rather than white. The FHWA disagrees, roundabouts. The FHWA adopts this property. As discussed previously under noting that the use of the black and new section in order to add valuable the MUTCD Introduction, the FHWA yellow W1–8 Chevron sign is reserved information regarding regulatory and deletes the requirement for MUTCD for application to warning of horizontal warning signs at roundabouts to the applicability to parking lots. curvature. The FHWA notes that the MUTCD. The FHWA also adds information in regulatory sign for use at roundabouts is An NCUTCD member supported the this STANDARD (paragraph 08) that the Roundabout Directional Arrow and designs depicted in Figures 2B–21 specifies the required colors of the R7– not the Chevron Alignment sign, which through 2B–23 on the basis of applied 8 sign and the R7–8P plaque to reflect is a warning sign. laboratory studies. A State DOT, a local the existing color schemes for this sign DOT, and a traffic engineering and plaque as illustrated in Figure 2B– The FHWA adopts the consultant suggested that the Pedestrian 24. A local DOT opposed the colors for recommendation to mount the sign at Crossing signs shown in Figures 2B–21 the R7–8 sign, because all of the signs least 4 feet high when used on the and 2B–22 should be required, rather in that State have white lettering on a central island of a roundabout, as than optional. Two State DOTs blue background. The FHWA disagrees proposed in the NPA. A traffic suggested that the Roundabout Advance and notes that such signs do not engineering consultant supported this Warning sign should be required, rather conform to the MUTCD standard design recommendation, while a State DOT than optional. The FHWA disagrees of green legend and border with white expressed concerns about the mounting because the decision to place a warning on blue ADA symbol. The FHWA notes height. The FHWA notes that sign is based upon engineering that it did not propose a change to the information regarding crashworthiness judgment and that the only mandatory existing sign design in the NPA. of sign supports at various mounting warning signs are the advance railroad Finally, the FHWA adds information, as proposed in the NPA, regarding the 44 ‘‘Guidelines and Recommendations to 45 ‘‘Roadside Design Guide, 3rd Edition,’’ 2002, is use of Pay for Parking and Parking Pay Accommodate Older Drivers and Pedestrians,’’ available for purchase from the American Station signs where a fee is charged for FHWA Report no. FHWA–RD–01–051, May 2001, Association of State Highway and Transportation can be viewed at the following Internet Web site: Officials, via the Internet Web site: https:// parking and a midblock pay station is http://www.tfhrc.gov/humanfac/01105/cover.htm. bookstore.transportation.org/ used instead of individual parking Recommendation I.K(1). item_details.aspx?ID=148. meters. The FHWA adopts these signs to

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66753

reflect current practice in many areas The FHWA agrees that this statement is cost of the sign and potentially where cities and towns are replacing not appropriate for the MUTCD and encourage graffiti. A State DOT, three individual parking space meters with a does not adopt the language in this final local DOTs, three NCUTCD members, ‘‘pay and display’’ system. The FHWA rule. four bicycle/pedestrian associations, adopts a design for the fee station sign 96. In the changes adopted in this two traffic control device vendors, and that is very similar to a standard final rule the FHWA separates the a citizen opposed the use of the hand European symbol, because the results of material proposed in the NPA for illustration in the sign designs because the Sign Synthesis Study 46 showed that Section 2B.59 Traffic Signal Signs of concerns about user understanding several U.S. cities are using a sign very (Section 2B.45 of the 2003 MUTCD) into and the size and orientation of the hand similar to the European design. ATSSA three separate sections. The FHWA illustration in relation to the arrow on and a local DOT supported the addition believes that separating the material into the sign. The FHWA believes that, based of the Pay for Parking series of signs; three sections, based on the type of on Canadian usage, the hand illustration however, an NCUTCD member signs, will make it easier for will be understood by users and that suggested that the signs needed to be practitioners to find information about addition of the symbol justifies the more standardized. The FHWA agrees the various types of signs. The new slightly larger sign size; however, in and removes the signs designated as R7– sections are adopted in this final rule as response to the comments, in this final 21a and R7–22a from the text of this Section 2B.52 Traffic Signal Pedestrian rule the FHWA adds a GUIDANCE final rule and Figure 2B–24. Based on Actuation Signs, Section 2B.53 Traffic paragraph 05 to recommend that the comments from the NCUTCD, the Signal Signs, and Section 2B.54 No orientation of the finger should point in FHWA also adopts an OPTION Turn on Red Signs. the respective direction of the arrow on statement regarding the color-coding of 97. In Section 2B.52 Traffic Signal the signs, and revises the sign images in time limits to provide clearer and Pedestrian and Bicycle Actuation Signs, Figure 2B–26 accordingly. quicker recognition by the driver for the FHWA revises paragraphs 02 and 03 A local DOT suggested that the legend different time limits. and the sign images in Figure 2B–26 to on the educational plaques for the R10– 95. In Section 2B.51 Pedestrian correspond with adopted changes in 3e and R10–3i signs be revised to more Crossing Signs (Section 2B.44 in the Chapter 4E requiring that signs for accurately reflect the instructions that 2003 MUTCD), the FHWA proposed in pedestrian pushbuttons clearly indicate should be given to pedestrians at a the NPA to add a GUIDANCE statement which crosswalk signal is actuated by crosswalk with countdown signals. As a to recommend that No Pedestrian each pedestrian detector. The revisions result, the FHWA revises the legend to Crossing signs be supplemented with eliminate the use of the R10–1, R10–3, be consistent with the text of Section detectable guidance, such as grass and R10–4 sign designs (as shown in the 4E.02. The FHWA adopts the new sign 2003 MUTCD) because these do not strips, landscaping, planters, fencing, designs and revises the text in this identify a specific crosswalk, and rails or barriers, in order to provide section to clarify how to use the R10 therefore do not meet the requirements pedestrians who have visual disabilities series of pushbutton signs in Chapter 4E. ATSSA supported the with additional guidance as to where appropriately. new sign designs as proposed in the not to cross. A local DOT supported the The FHWA also adds paragraphs 07 NPA; however, a State DOT and two revision as proposed in the NPA. Three and 08 regarding the use of new R10– traffic control device vendors opposed associations for the visually impaired, 24 and R10–26 signs, where a the creation of new pedestrian an orientation and mobility specialist, pushbutton detector has been installed crosswalk signs. The commenters and seven citizens suggested that this exclusively to actuate a green phase for suggested that the multiple changes in bicyclists, and a new R10–25 sign, statement be strengthened to a signs place a costly burden on both the requirement because, without a physical industry and local municipalities for where a pushbutton detector has been restriction of the crossing, pedestrians new artwork, tooling, and mixed installed for pedestrians to activate In- who are visually impaired might cross inventory of signs, which in turn Roadway Warning Lights or flashing at a location without realizing that compromises uniformity. The FHWA beacons. Bikes need less time to cross crossing is prohibited, creating a disagrees with the opponents’ than pedestrians do, so the pushbuttons dangerous situation. While the FHWA comments because it is important that actuate timing specifically appropriate understands the concerns raised by the pedestrians be given a clear indication for bikes, which is an operationally commenters, there are too many of which crosswalk the pushbutton efficient strategy. The FHWA received variables to make this action mandatory. controls. comments from the NCUTCD, two of its Many sites cannot accommodate A State DOT and two local DOTs members, a State DOT, and four bicycle/ physical barriers, as evidenced by two opposed removal of the R10–4b sign, pedestrian associations in support of the local DOTs that requested that this because they are using the sign and feel new R10–24 sign, but with suggestions statement be an option because they felt it is readily understood by the public. to rephrase the wording to specify a that the recommendation was too The FHWA disagrees and removes the ‘‘green phase for bicyclists,’’ rather than restrictive and unachievable in many existing R10–4b sign, because the new a ‘‘special bicycle phase.’’ The FHWA instances, especially within already R10 series signs include an illustration agrees and adopts the new sign, and built environments. In addition, a State of a hand with a finger touching the associated revised text, as well as an DOT and two local DOTs commented pushbutton. The NCUTCD, ATSSA, and alternative design with an arrow that the items proposed in the NPA for a local DOT supported the new hand designated R10–26, in this final rule. creating the physical barrier are not illustration. A traffic control device ATSSA and an association for the blind traffic control devices, and therefore vendor and a citizen opposed the supported the new R10–25 sign to should not be included in the MUTCD. increase in size of pedestrian signs from activate warning lights. The association 9 inches x 12 inches to 9 inches x 15 for the blind suggested changing the text 46 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ inches to accommodate the finger on the sign to ‘‘flashing lights’’ to clarify FHWA, December 2005, page 27, can be viewed at the message. The FHWA adopts in this the following Internet Web site: http:// symbol. The commenters felt that the tcd.tamu.edu/documents/rwstc/Signs_Synthesis- existing size is sufficiently large enough final rule these new signs to reflect Final_Dec2005.pdf. and that the larger size will increase the current practice as documented by the

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66754 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

Sign Synthesis Study,47 and to provide because they thought that it was not instead of a NO TURN ON RED sign consistent and uniform messages for needed. Some commenters felt that road during certain times of the day or during these purposes. users should know to stop on a red portions of a signal cycle where a In the NPA, the FHWA proposed to signal and should not need a sign leading pedestrian interval is provided. add a new FOR MORE CROSSING TIME instructing them to do so. Other An NCUTCD member supported this HOLD BUTTON DOWN FOR 2 commenters felt that the sign would new information, and the FHWA adopts SECONDS (R10–32P) sign to this section cause confusion, because road users are this new text to correspond to other for use where an extended push button to stop on a solid red and then proceed changes in Part 4 regarding the use of press is used to provide additional on a flashing red after they stop, while these signs. The FHWA also adds crossing time. Although two local DOTs other felt that they should have more information regarding the use of a post- were opposed to this sign, stating that flexibility to develop a better sign. The mounted NO TURN ON RED EXCEPT it might lead to pedestrian confusion, or FHWA disagrees with the commenters FROM RIGHT LANE sign and a NO might be used inappropriately, the because the extensive experience with TURN ON RED FROM THIS LANE FHWA adopts this sign in this final rule, the sign in Tucson, AZ has not (with down arrow) overhead sign that with a revised legend which more indicated a problem with the sign being may be used on signalized approaches clearly communicates to pedestrians the understood by road users and the sign with more than one right-turn lane. meaning than the legend that was is needed at pedestrian hybrid beacons proposed in the NPA, to correspond to reinforce the regulatory requirements. 100. Concerning Figure 2B–27 Traffic with comparable provisions in adopted To address a comment from a local DOT Signal Signs and Plaques (Figure 2B–19 in Chapter 4E. The FHWA also suggesting that the use of this sign be in the 2003 MUTCD) proposed in the illustrates the sign image in Figure 2B– restricted to only locations with NPA, the FHWA received comments 26. The adopted sign legend is PUSH pedestrian hybrid beacons, but not from ATSSA, a State DOT, a local DOT, BUTTON FOR 2 SECONDS FOR EXTRA required at all pedestrian hybrid an NCUTCD member, and a traffic CROSSING TIME. beacons as proposed in the NPA, the engineering consultant supporting the 98. In Section 2B.53 Traffic Signal FHWA adopts revised language in this design change of the TURNING Signs, the FHWA deletes the first final rule, to clarify that the sign is to TRAFFIC MUST YIELD TO GUIDANCE statement that appeared in be used only at locations with PEDESTRIANS (R10–15) sign to a the 2003 MUTCD. This statement, pedestrian hybrid beacons. symbolic, rather than word message regarding the placement of Traffic 99. In Section 2B.54 No Turn on Red sign. An NCUTCD member, a State Signal signs adjacent to traffic signal Signs, in paragraph 03, the FHWA adds DOT, and a local DOT opposed the new faces, was overly broad. Instead, in this item F to the list of conditions where design because of the use of yellow final rule, the FHWA specifically consideration should be given to the use (normally reserved for warning signs) on recommends the locations of individual of No Turn on Red signs. In the NPA, the regulatory sign background and the signs as appropriate. the FHWA proposed that this item refer symbols and sign layout. The sign The FHWA removes the LEFT TURN to locations where the skew angle of the design has been extensively and SIGNAL YIELD ON GREEN (R10–21) intersecting roadways creates difficulty successfully used by the New York City sign in this final rule, because the for older drivers to see traffic DOT 50 and was reviewed favorably by provisions in Part 4 that are the only approaching from their left. The FHWA the Regulatory and Warning Sign reason for using this sign have been proposed this change based on Technical Committee and the full removed in the adopted text for Part 4. recommendations from the Older Driver NCUTCD. The FHWA adopts this new The FHWA also adds paragraphs 03 and handbook.49 A former NCUTCD member design to reduce the number of words, 04 regarding the location of LEFT ON suggested that the specific criteria give a more precise symbolized GREEN ARROW ONLY and LEFT TURN regarding skewed intersections should message, and make the sign more YIELD ON GREEN signs, independently not be added, since sight distance to the conspicuous to road users. and with an AT SIGNAL supplemental left is covered under condition A. The plaque, as proposed in the NPA. The FHWA disagrees with the commenter ATSSA and a local DOT supported FHWA adopts this language based on and retains item F in this final rule the proposed LEFT TURN YIELD ON recommendations from the Older Driver because the adequacy of sight distance FLASHING RED ARROW AFTER STOP handbook.48 is associated with the selection of (R10–27) sign; however, a State DOT Finally, to correspond with changes adequate gaps for a right turn on red and an NCUTCD member opposed this proposed in Part 4 to add a new movement. Three State DOTs, two local new sign because they felt that road Pedestrian Hybrid Beacon, the FHWA DOTs, and an NCUTCD member users should stop, rather than yield at proposed a paragraph in the NPA that suggested that turns at skewed a red signal. The FHWA disagrees and describes the use of a CROSSWALK intersections can be difficult for all adopts the sign as proposed in the NPA, STOP ON RED (R10–23) sign that is to drivers, not just older drivers, and noting that the legend that begins with be used in conjunction with pedestrian suggested that FHWA delete the word ‘‘LEFT TURN YIELD * * *’’ has been hybrid beacons. While ATSSA ‘‘older.’’ The FHWA agrees and adopts evaluated as the preferable text and it supported the new sign, four local DOTs item F in this final rule to indicate that includes the words ‘‘AFTER STOP.’’ opposed the new sign, primarily skew angled intersections are difficult Another State DOT and a traffic for all drivers, by deleting the word engineering consultant suggested adding 47 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ ‘‘older.’’ similar signs to alert road users to yield FHWA, December 2005, page 29, can be viewed at The FHWA adds paragraph 05 on flashing yellow arrows. The FHWA the following Internet Web site: http:// tcd.tamu.edu/documents/rwstc/Signs_Synthesis- regarding the use of a blank-out sign does not adopt this suggested addition, Final_Dec2005.pdf. 48 ‘‘Guidelines and Recommendations to 49 ‘‘Guidelines and Recommendations to 50 Information on New York City’s experience Accommodate Older Drivers and Pedestrians,’’ Accommodate Older Drivers and Pedestrians,’’ with the adopted R10–15 sign design can be FHWA Report no. FHWA–RD–01–051, May 2001, FHWA Report no. FHWA–RD–01–051, May 2001, obtained from the New York City Department of can be viewed at the following Internet Web site: can be viewed at the following Internet Web site: Transportation, Division of Traffic Planning, Room http://www.tfhrc.gov/humanfac/01105/cover.htm. http://www.tfhrc.gov/humanfac/01105/cover.htm. 928, 40 Worth Street, New York, NY 10013, Recommendation I.H(4). Recommendations I.A(3) and I.I(3). telephone 212–442–6641.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66755

because NCHRP Report 493 51 found variety of signs, as documented by the found that there is a wide variation in that a regulatory sign is not needed to Sign Synthesis Study.53 In this new the legends currently being used by instruct drivers to yield on flashing Section, the FHWA adopts two new States for this purpose and the FHWA yellow arrows. signs, X VEHICLES PER GREEN and X adopts these new signs to provide 101. In Section 2B.55 Photo Enforced VEHICLES PER GREEN EACH LANE. increased uniformity of the messages for Signs and Plaques (Section 2B.46 in the ATSSA and a local DOT supported road users. Based on comments from 2003 MUTCD) and Figure 2B–3, the these new signs. Another local agency two State DOTs and a traffic engineering FHWA adds to the word message expressed concerns that allowing more consultant, the FHWA does not adopt PHOTO ENFORCED (R10–19) plaque (as than one vehicle per green might cause the proposed TURN OFF HEADLIGHTS it existed in the 2003 MUTCD) the driver confusion, especially if they are sign from this final rule, because option to use a new symbol plaque for behind a large vehicle on a ramp. The commenters felt that it might Photo Enforced. The FHWA retains the FHWA adopts these signs based upon communicate an inappropriate message existing word message plaque as an effective application in many States and to road users during nighttime alternate. In addition, the FHWA revises to provide uniformity in ramp meter conditions. the design of the TRAFFIC LAWS signing. 105. The FHWA adds a new section PHOTO ENFORCED (R10–18) sign to 103. In Section 2B.60 Weigh Station numbered and titled Section 2B.65 add the symbolic camera. Although Signs (Section 2B.50 of the 2003 FENDER BENDER Sign. This new ATSSA and a local DOT supported the MUTCD), the FHWA changes the text of section contains an OPTION statement new camera symbol on the Photo the R13–1 sign to ‘‘TRUCKS OVER XX regarding the use of a new FENDER Enforced signs and plaques, two TONS MUST ENTER WEIGH BENDER MOVE VEHICLES FROM NCUTCD members, two State DOTs, STATION—NEXT RIGHT’’ to reflect TRAVEL LANES sign that agencies may and two local DOTs opposed the that the message is regulatory, rather use to inform road users of laws or addition of the new symbol because than guidance. A local DOT supported ordinances that require them to move they did not think that road users would this change. Although three State DOTs their vehicles from the travel lanes if understand the symbol. The FHWA and two NCUTCD members suggested they have been involved in a minor non- disagrees and adopts the new symbol that either the original language be injury crash. As an integral part of based on road user understanding of the retained, or other revisions be made to active incident management programs symbol documented in research results the sign text, the FHWA adopts the text in many urban areas, an increasing of the ‘‘Evaluation of Selected Symbol of the sign as proposed in the NPA. The number of States and cities are using Signs’’ study 52 conducted by the Traffic FHWA notes that a State at the time of signs requiring drivers that have been Control Devices Pooled Fund Study. To its adoption of the MUTCD may include involved in relatively minor ‘‘fender address comments from two toll road appropriate additional information in its bender’’ or non-injury crashes to move operators and a State DOT, the FHWA supplement. In addition, in Figure 2B– their vehicles out of the travel lanes. A also adds an OPTION and a GUIDANCE 30, the FHWA illustrates the customary variety of sign messages are in use for regarding the optional use of the Photo regulatory sign color of a black legend this purpose, as documented by the Sign Enforced symbol or word message on a white background, rather than the Synthesis Study.55 Although ATSSA plaques at toll plazas to address allowable option of the reverse color and a State and a local DOT supported situations where video enforcement is pattern, for the TRUCKS OVER XX the new sign, as proposed in the NPA, in use at toll plazas. TONS MUST ENTER WEIGH the NCUTCD and two of its members 102. The FHWA adds a new section STATION—NEXT RIGHT sign. ATSSA and three State DOTs provided numbered and titled Section 2B.56 supported this change in the comments about the sign design. Several Ramp Metering Signs. In the NPA, the illustration. of the commenters from Arizona FHWA proposed to add a GUIDANCE 104. The FHWA adds a new section suggested that the term ‘‘Fender statement describing the recommended numbered and titled Section 2B.64 Bender’’ be revised to reflect the use of new regulatory signs that should Headlight Use Signs, containing wording of signs in their State. A few accompany ramp control signals. Based GUIDANCE, SUPPORT, and OPTION commenters suggested that the use of on comments from the NCUTCD and a statements that describe the use of yellow and white backgrounds on the State DOT, the FHWA adopts the several new signs that may be used by same sign is inappropriate, and many of language as an OPTION statement. This States to require road users to turn on the commenters opposed the symbol for allows agencies to determine whether their vehicle headlights under certain fender bender, because they did not feel the use of the signs is appropriate for conditions. ATSSA and a local DOT that it had been tested for road user their conditions based on enforcement supported the new signs, as proposed in comprehension. Based on the experience. The FHWA adds these new the NPA. An NCUTCD member opposed comments, the FHWA removes the signs because ramp metering signals are this new section because he felt that the symbol from the sign but is adopting the used in several States, but there were no installation of these types of signs is black on yellow header panel in the standard signs for them in the 2003 already covered in other sections in the design, noting that the regulatory MUTCD, so States have developed a MUTCD, and that since wording of the portion of the sign is a black legend and signs is based on laws that vary from border on a white background. The 51 NCHRP Report 493, ‘‘Evaluation of Traffic State to State, it is not appropriate to FHWA adopts this sign because a Signal Displays for Protected/Permissive Left-Turn standardize a series of signs in the standardized sign legend is needed. Control,’’ 2003, can be viewed at the following 54 106. In this final rule, the FHWA Internet Web site: http://onlinepubs.trb.org/ MUTCD. The Sign Synthesis Study onlinepubs/nchrp/nchrp_rpt_493.pdf. changes the number and title of Section 52 ‘‘Design and Evaluation of Selected Symbol 53 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ Signs,’’ Final Report, May 2008, conducted by FHWA, December 2005, pages 28–29, can be tcd.tamu.edu/documents/rwstc/Signs_Synthesis- Bryan Katz, Gene Hawkins, Jason Kennedy, and viewed at the following Internet Web site: http:// Final_Dec2005.pdf. Heather Rigdon Howard, for the Traffic Control tcd.tamu.edu/documents/rwstc/Signs_Synthesis- 55 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ Devices Pooled Fund Study, can be viewed at the Final_Dec2005.pdf. FHWA, December 2005, page 31, can be viewed at following Internet Web site: http:// 54 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ the following Internet Web site: http:// www.pooledfund.org/documents/TPF–5_065/ FHWA, December 2005, page 31, can be viewed at tcd.tamu.edu/documents/rwstc/Signs_Synthesis- symbol_sign_report_final.pdf. the following Internet Web site: http:// Final_Dec2005.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66756 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

2B.54 Other Regulatory Signs, as it position or closed position, based on a Discussion of Amendments Within appeared in the 2003 MUTCD to Section comment from the U.S. Department of Chapter 2C—Specific 2B.66 Seat Belt Symbol. As discussed in Agriculture indicating that it is 111. In Section 2C.02 Application of item 54 above, the FHWA is relocating appropriate to lock gates securely in Warning Signs, the FHWA proposed in the OPTION statements that were in this either of these positions. The FHWA the NPA to remove paragraph 01 section to Section 2B.02. In the NPA, adopts this new section in order to requiring the use of engineering studies the FHWA proposed to add a FENDER provide for enhanced uniformity of or judgment in determining the use of BENDER MOVE VEHICLES FROM gates, as they are used in a wide variety warning signs. A State DOT and two TRAVEL LANES sign to this section and of traffic control applications. local DOTs opposed the removal of this retitle the section to ‘‘Miscellaneous Discussion of Amendments Within STANDARD because they felt that Regulatory Signs’’; however, as noted Chapter 2C—General engineering studies or judgment are above, the FHWA adopts a new Section 109. In the NPA, the FHWA proposed necessary. The FHWA agrees and 2B.65 for the Fender Bender sign in this retains the requirement in this final rule final rule and the only remaining text in to move object markers from Part 3 to and adds a reference to Section 1A.09 Section 2B.66 discusses the Seat Belt a new chapter, titled Chapter 2L Object regarding engineering studies and Symbol. Therefore, the FHWA revises Markers. A State DOT, four local DOTs, engineering judgment. the section title to ‘‘Seat Belt Symbol’’ and an NCUTCD member supported moving these items to Part 2. A State 112. In Section 2C.03 Design of in this final rule. Warning Signs, in place of the existing 107. In the NPA, the FHWA proposed DOT opposed moving object markers to paragraph in the OPTION statement, the to add a new chapter numbered and Part 2 because it felt that they are used FHWA adds two new paragraphs that titled Chapter 2L Object Markers, to mark obstructions and help in describe allowable changes in warning Barricades, and Gates. In addition to guidance and delineation of the sign sizes and designs, as proposed in containing information on object roadway, the same as pavement markers, this new chapter was to have markings. The FHWA disagrees with the NPA. The FHWA adopts these contained information from Section retaining object markers in the chapter changes to provide agencies with 3F.01 of the 2003 MUTCD on with pavement markings because, flexibility in designing signs to meet barricades, without any significant although these devices can provide field conditions. This includes allowing changes. A State DOT, four local DOTs, some delineation, the primary function sign sizes larger than Oversized in Table and an NCUTCD member supported of object markers is as a warning sign. 2C–2 to be rectangular or square and moving these items to Part 2. A State Due to the warning function that object modifications to be made to the symbols DOT opposed moving object markers markers serve, in this final rule the shown on intersection warning signs in and barricades to Part 2 because it felt FHWA moves object markers to Chapter order to approximate the geometric that they are used to mark obstructions 2C and revises the title of Chapter 2C to configuration of the roadway. A State and help in guidance and delineation of include object markers. and two local DOTs supported these the roadway, the same as pavement 110. As proposed in the NPA, the new paragraphs and offered an editorial markings. The FHWA agrees that FHWA removes the following word change that the FHWA adopts in this barricades and gates are more message signs from the MUTCD, final rule. appropriately related to Chapter 2B, and because comparable symbol signs have Additionally, in the NPA the FHWA places Section 2B.67 Barricades and been in use for 35 years, thereby making proposed to change paragraph 05 to a Section 2B.68 Gates in this chapter. these word signs obsolete: HILL Sign GUIDANCE statement to recommend, 108. The FHWA adds a new Section (W7–1b), DIVIDED HIGHWAY (W6–1a) rather than merely allow, a fluorescent 2B.68 Gates (numbered 2L.06 in the and DIVIDED ROAD (W6–1b), DIVIDED yellow-green background for warning NPA) that contains provisions regarding HIGHWAY ENDS (W6–2a) and DIVIDED signs regarding conditions associated the design and use of gates for a variety ROAD ENDS (W6–2b), STOP AHEAD with pedestrians, bicyclists, and for traffic control purposes beyond the (W3–1a), YIELD AHEAD (W3–2a), and playgrounds. While ATSSA supported most common use at highway-rail grade SIGNAL AHEAD (W3–3a). A State DOT this change, the NCUTCD and one of its crossings. Two local DOTs supported opposed eliminating the use of many of members, many State and local DOTs, this new section and several agencies these word signs, because it felt that the and a traffic engineering consultant provided comments. The NCUTCD, two word message signs were added to and opposed changing the language to State DOTs, and an NCUTCD member included in previous editions of the GUIDANCE, suggesting instead that it suggested that the FHWA provide MUTCD to enable agencies to use the remain an OPTION. The commenters clarification regarding whether one or optional signs for the benefit of better provided a variety of reasons, the most both sides of gate arms and fences are understanding of signs. The commenter prominent being that some State and to be reflectorized. The FHWA agrees also suggested that since the word local DOTs reserve the use of the and adds clarifying language in this messages are fulfilling the purpose for fluorescent yellow-green background for final rule to indicate that both sides are signs, it is difficult to justify the cost of only school-related warning signs in to be reflectorized, with an option to replacing the signs. The FHWA order to add emphasis to those reflectorize only the side facing moving disagrees with the commenter and notes locations. A State and a local DOT, an traffic in the normal direction if used at that the symbol designs for many of NCUTCD member, a traffic engineering ramps. Based on comments from the these signs have been in use for more consultant, and a private citizen U.S. Department of Agriculture, a State than 35 years and that symbol warning expressed concern about the lack of DOT, two toll road operators, and an signs are more readily recognized and research supporting the effectiveness of NCUTCD member, the FHWA removes comprehended by drivers with fewer the fluorescent yellow-green color that the crashworthiness and mounting driver errors. In addition, existing word would justify elevating the provision to height requirements for gate arms to message signs in good condition may a recommendation, rather than an better serve their application. The remain in service until such point in option. Some of the commenters FHWA adds a requirement that gates be time that they are replaced as part of the suggested that an overuse of the designed so that the gate arms are agency’s periodic sign maintenance fluorescent yellow-green would reduce securely locked in either the open program. the effectiveness of the color. In

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66757

addition, some commenters said that the traffic engineering consultant expressed legible to drivers with visual acuity of color fades more quickly over time, and concern about installing 36 inch x 36 20/40 and to be consistent with and that it is significantly more expensive inch signs on low-speed roads and on incorporate other changes adopted in than yellow. Based on the comments, roads in urban areas where there is Chapter 2C. the FHWA decides to retain the limited space for signs. Many of those 115. As proposed in the NPA, the language as an OPTION in this final commenters suggested that the larger FHWA revises in Section 2C.05 rule, allowing the use of a fluorescent size signs be optional for such Placement of Warning Signs the yellow-green background for warning roadways. Four additional local DOTs SUPPORT and GUIDANCE statements signs regarding conditions associated opposed the requirement for larger signs to refer to the use of Perception- with pedestrians, bicyclists, and specifically because of insufficient Response Time (PRT), rather than playgrounds. space in urban areas. On multi-lane Perception, Identification, Emotion, and The FHWA also adopts a new roads, increased legibility distances are Volition (PIEV) Time, in determining STANDARD statement requiring that needed because of the potential the placement of warning signs. The warning signs associated with schools blockage of signs by other vehicles, but older terminology of PIEV Time has and school buses have a fluorescent the FHWA agrees in part with the been replaced with PRT, which has yellow-green background, as proposed commenters and adopts revisions to this come into common use and is the in the NPA. The FHWA also revises section in this final rule that are terminology used in the current policies similar wording in other sections in consistent with similar revisions to of the AASHTO. The Traffic Control Chapter 2C and in Part 7. In the Section 2B.03 by adding two exceptions Devices Handbook 56 addresses both intervening years since the use of to the requirement to use the larger sign terms, but correctly identifies PRT as fluorescent yellow-green background sizes on multi-lane conventional roads the terminology now in common use. color was introduced as an option in the for: (a) The size of the left-hand side Accordingly, it is appropriate to update MUTCD, most highway agencies have signs mounted in the median to the MUTCD using the common adopted policies to use this color for supplement the right-hand side terminology PRT. The NCUTCD and a school warning signs. This predominant placement, and (b) multi-lane local DOT supported these changes. usage is because of the enhanced conventional roads with posted speed In addition to the changes adopted in conspicuity provided by fluorescent limits of 35 mph or less. Section 2C.05, the FHWA is also yellow-green, particularly during dawn Finally, the FHWA adds a GUIDANCE revising the notes for Table 2C–4 by and twilight periods. ATSSA and two statement that the minimum size for replacing ‘‘PIEV time’’ with ‘‘PRT,’’ as local DOTs supported this change, warning signs facing traffic on exit and well as other changes in the notes and while a State DOT, a State association entrance ramps should be the size values in Table 2C–4 in order to provide of counties, and a local DOT suggested identified in Table 2C–2 for the adequate legibility of warning signs for that the school bus sign should not be mainline roadway classification listed 20/40 visual acuity. Two State DOTs, included in the requirement. As for each of the columns, in response to four local DOTs, two traffic engineering discussed in the preceding paragraph, a a comment from Utah DOT suggesting consultants, and an NCUTCD member State DOT, three local DOTs, and an that this language be added for commented about the values as well as NCUTCD member oppose any consistency with other sections of the the notes in Table 2C–4. As a result, in requirement to use fluorescent yellow- MUTCD. This language is consistent this final rule the FHWA further refines green. These commenters feel that there with similar guidance that the FHWA the notes in this final rule regarding the is not sufficient research demonstrating adds in Section 2B.03 as discussed legibility distance for Condition A. The that the color modifies behavior and the previously. FHWA notes that increasing the high cost, along with the tendency to 114. The FHWA revises Table 2C–2 minimum legend size to 6 inches causes fade more quickly than yellow, does not Warning Sign and Plaque Sizes to the table values to change from those in justify requiring its use. The FHWA incorporate additional sign series and to the 2003 MUTCD, and that the distances disagrees and notes that in-place specify that, for several diamond-shaped and associated notes in the table are evaluation of fluorescent yellow-green signs, the minimum size required for guidance, which by its nature allows by State DOTs has identified acceptable signs facing traffic on multi-lane flexibility. durability and sheeting life and the conventional roads is 36 inches x 36 116. The FHWA adds a new section FHWA also adopts this background inches. Based on comments from the numbered and titled Section 2C.06 color for school bus warning signs for NCUTCD (and to be consistent with a Horizontal Alignment Warning Signs, consistency with the requirement for similar change in Table 2B–1), the containing SUPPORT, STANDARD, and other school warning signs. FHWA adds a column to Table 2C–2 for OPTION statements regarding the use of 113. In Section 2C.04 Size of Warning multi-lane conventional roads in this the new Table 2C–5 Horizontal Signs, the FHWA proposed in the NPA final rule. The FHWA also adopts Alignment Sign Selection, in which the to add a STANDARD paragraph to additional changes in Table 2C–2 to FHWA establishes a hierarchal establish a minimum size of 36 inches address comments from the NCUTCD approach to use of these signs and x 36 inches for all diamond-shaped and one of its members, and to provide plaques and defines required, warning signs facing traffic on multi- consistency between the table and other recommended, and optional warning lane conventional roads. This is changes within the chapter. These signs. A State DOT and four local DOTs consistent with other changes adopted include adding additional sizes for signs supported the overall intent of the in Section 2A.13 and discussed and plaques, adding new signs while proposed new section and associated previously in this preamble, concerning deleting signs no longer used, and table, but felt that FHWA should modify basing sign size dimensions on the letter clarifying the note at the bottom of the the language to allow the use of sizes needed for a visual acuity of 20/ table regarding exceptions to the engineering judgment rather than 40, which results in larger sign sizes. requirement to use the larger sign sizes Although ATSSA and two local on multi-lane conventional roads (as 56 The Traffic Control Devices Handbook, 2001, is agencies supported the language as discussed above). The FHWA adopts the available for purchase from the Institute of Transportation Engineers, at the following Internet proposed, four State DOTs, six local increases in sign sizes to provide signs Web site: http://www.ite.org. PIEV and PRT are DOTs, an NCUTCD member, and a on multi-lane approaches that are more discussed on pages 34 to 39.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66758 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

require the use of Table 2C–5 and experience and judgment are superior to 1) sign instead of a Curve sign in should clarify that actual prevailing prescribing values. The FHWA disagrees advance of curves that have advisory speeds should be used when and notes that fatalities at horizontal speeds of 30 mph or less. A State DOT, determining the need for horizontal curves account for 25 percent of all two local DOTs, and a NCUTCD alignment warning signs. Several of highway fatalities even though member suggested that the statement be these agencies also commented in horizontal curves are only a small changed to a STANDARD to promote opposition to the requirement to place portion of the nation’s highway mileage. uniformity. The FHWA agrees and warning signs on arterials and collectors The past and current basis of the adopts the requirement in this final rule. with average annual daily traffic application of engineering judgment for In the 2003 MUTCD, a GUIDANCE (AADT) of over 1,000. To address some determination of horizontal curve statement indicated that Table 2C–5 of the concerns, the FHWA revises the signing has not sufficiently improved should be used, and Note 1 of the table STANDARD statement in this final rule the safety performance of horizontal stated that ‘‘Engineering judgment to clarify that alignment warning signs curves. Therefore, the FHWA adopts should be used to determine whether shall be used in accordance with Table Table 2C–5 with revisions as a the Turn or Curve Sign should be used.’’ 2C–5 based on the speed differential STANDARD statement to improve the In the NPA the FHWA proposed to between the roadway’s posted or safety performance of horizontal curves. delete this table and its notes and statutory speed limit or 85th percentile Six State DOTs, five local DOTs, a State replace it with a completely new Table speed, whichever is higher, and the association of counties, and two traffic 2C–5 referenced in the text in a horizontal curve’s advisory speed. This engineering consultants suggested that STANDARD that the table shall be used. change is consistent with the the row concerning Chevron signs Inherent in new Table 2C–5 is a methodology on application of posted or should be deleted, that the wording be definitive choice, either required statutory speed limit or 85th percentile reverted to that used in the 2003 Edition (STANDARD), or recommended speed is consistent with FHWA’s of the MUTCD, and that the use of (GUIDANCE), or Option (OPTION); an ‘‘Program Memorandum on Chevron signs not be required. The option to choose either the TURN or the Consideration and Implementation of FHWA disagrees and adopts in this final CURVE for the same advisory speed and Proven Safety Countermeasures,’’ rule the Chevron signs and their values, speed difference is no longer possible Measure #7, Yellow Change Intervals.57 as proposed in the NPA based upon within the STANDARD statement. As part of this change, the FHWA also research regarding their safety Hence, the addition of the STANDARD includes in the STANDARD statement effectiveness 59 and because Chevron statement is consistent with the the use of the prevailing speed in signs are a key element in the hierarchy STANDARD in Table 2C–5 rather than determining the speed differential to the of horizontal alignment warning signs in carrying forward a note from the old horizontal curve’s advisory speed along that Chevron signs provide positive table. The FHWA also revises the with posted and statutory speed and guidance to a road user entering a curve language regarding the use of the 85th percentile speed. Regarding the as to alignment of the road and the Winding Road sign to allow its use to be requirement to place warning signs on sharpness of the curve. However, based optional, rather than recommended, functionally classified arterials and on comments from the NCUTCD, five based on comments from the NCUTCD collectors over 1,000 AADT, the FHWA State DOTs, five local DOTs, a State and a local DOT. The FHWA also adds believes that this is appropriate because association of counties, and a traffic Figure 2C–2 to illustrate an example of these road classifications represent engineering consultant expressing the use of warning signs for a turn, and higher-volume roadways, which have a concerns that application of the speed modifies Figure 2C–3 (Figure 2C–7 in larger percentage of unfamiliar drivers, differential in proposed Table 2C–5 to the 2003 MUTCD) to illustrate and have the potential to yield the freeway ramps would have resulted in horizontal alignment signs for a sharp largest safety benefits in reducing the placement of Truck Rollover curve on an exit ramp. crashes resulting from road users’ lack warning signs on the majority of the 118. As proposed in the NPA, the of awareness of a change in horizontal loop ramps on the nation’s highway FHWA relocates Section 2C.46 of the alignment, as documented in a recent system which would be a financial 2003 MUTCD Advisory Speed Plaque so NCHRP study.58 The FHWA retains the burden to highway agencies, the FHWA that it appears earlier in the Chapter as option to use Horizontal Alignment deletes the Truck Rollover warning sign Section 2C.08 because of its Warning signs on other roadways or on from Table 2C–5. The incidence of truck predominant application with arterial and collector roadways with less rollover crashes is more specific to horizontal alignment warning signs. In than 1,000 AADT based on engineering individual freeway ramp geometry than addition, the FHWA adopts several judgment. to speed differential. revisions to the section to incorporate Nine State DOTs, six local DOTs, two 117. In concert with the changes new Table 2C–5, and to require that NCUTCD members, and a citizen adopted in the previous item, the Advisory Speed plaques be used where opposed the inclusion of Table 2C–5 in FHWA adopts several changes to it is determined to be necessary on the the MUTCD, or suggested that the some Section 2C.07 Horizontal Alignment basis of an engineering study that or all of the values in the table be Signs (Section 2C.06 of the 2003 follows established traffic engineering recommended, rather than required, MUTCD) to incorporate the material in practices. A State DOT and several local because they felt that engineering Table 2C–5 and to provide agencies DOTs in that State supported using with additional information on the engineering judgment, rather than 57 FHWA’s Program Memorandum on appropriate use of horizontal alignment engineering studies, for determining Consideration and Implementation of Proven Safety signs. In the NPA, the FHWA proposed advisory speeds. The FHWA disagrees, Countermeasures, dated July 10, 2008 can be to add a GUIDANCE statement viewed at the following Internet Web site: http:// noting that the application of safety.fhwa.dot.gov/policy/memo071008/. recommending the use of a Turn (W1– engineering judgment that is implicit in 58 NCHRP Report 500, Volume 7, ‘‘A Guide for the determination of an appropriate Reducing Collisions on Horizontal Curves,’’ can be 59 The FHWA Roadway Departure Crash viewed at the following Internet Web site: http:// Reduction Factors can be viewed at the following advisory speed should be documented onlinepubs.trb.org/onlinepubs/nchrp/ Internet Web site: http://safety.fhwa.dot.gov/tools/ in writing as an engineering study. A nchrp_rpt_500v7.pdf. crf/. State DOT, a local DOT, and a traffic

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66759

engineering consultant suggested that three State DOTs, a local DOT, and an change in this final rule in conjunction eliminating references to ball-bank NCUTCD member opposed the with other changes in Chapters 2B and indicators, as proposed in the NPA, prohibition of Chevron Alignment signs 2D to provide consistency in signing at should be reconsidered, because it at T-intersections to warn drivers that a roundabouts. might cause agencies to unnecessarily through movement is not physically 122. In Section 2C.13 Truck Rollover believe that a more extensive possible. The FHWA disagrees and Warning Sign (Section 2C.11 of the 2003 engineering study is needed. The FHWA adopts the prohibition on the use of the MUTCD), the FHWA had proposed in agrees and adopts in this final rule a Chevron Alignment sign for this the NPA to add a STANDARD statement SUPPORT statement identifying purpose, because this is the function of requiring the use of the Truck Rollover appropriate engineering practices for a Two-Direction (or One-Direction) Warning sign on freeway and determining advisory speeds. This Large Arrow sign. A State DOT expressway ramps in accordance with includes the use of an accelerometer, supported the prohibition of Chevron the new Table 2C–5. Two State DOTs, design speed evaluation, or a ball-bank Alignment signs to mark obstructions an association of local DOTs, and an indicator. within or adjacent to the roadway, and NCUTCD member opposed the required 119. In Section 2C.09 Chevron the FHWA adopts in this final rule use of Truck Rollover warning signs Alignment Sign (Section 2C.10 of the expanded text to also prohibit the use of because of concerns as noted above in 2003 MUTCD), the FHWA changes the Chevron Alignment sign to mark the Section 2C.06. The FHWA agrees and paragraph 01 to a STANDARD to require beginning of adjacent guard rail or removes in this final rule that the use of the Chevron Alignment sign barrier to address a comment from a requirement from this section, as well as in accordance with the hierarchy of use local DOT. The FHWA adopts this text from Table 2C–5, as the incidence of as listed in Table 2C–5 and to be to preclude possible misinterpretations truck rollover crashes is more specific to consistent with Section 2C.06. Similar of the appropriate use of this sign. individual freeway ramp geometry than to the discussion above in item 116, 120. In Section 2C.10 Combination to speed differential. several commenters were opposed as Horizontal Alignment/Advisory Speed In this final rule, the FHWA reverts to they prefer to retain the choice to use Signs (Section 2C.07 of the 2003 the optional use of the Truck Rollover Chevron Alignment signs based upon MUTCD), the FHWA amplifies the warning sign (as in the 2003 Edition of engineering judgment. The FHWA existing STANDARD statement in order the MUTCD) and adds the use of an disagrees and adopts the STANDARD to clarify how these signs are to be used. engineering study to determine the need Table 2C–5 requiring the use of Chevron Although a local DOT supported the for the sign. As part of this change, the Alignment signs, because application of revised language, a State DOT, a local FHWA adds a SUPPORT statement Chevron Alignment signs can reduce DOT, an NCUTCD member, and a traffic describing appropriate engineering crashes on horizontal curves by 35 engineering consultant opposed the practices for determining recommended percent.60 As proposed in the NPA, the language. Some of the commenters felt curve speeds. FHWA also adds information to that there are some locations where the 123. As proposed in the NPA, the paragraph 04 regarding the minimum combination Horizontal Alignment/ FHWA relocates Section 2C.36 of the installation height of these signs. A local Advisory Speed sign serves the purpose 2003 MUTCD so that it appears earlier DOT and an NCUTCD member better than the other advance horizontal in the chapter as new Section 2C.14 to supported the minimum 4-foot alignment warning signs, and therefore consolidate all sections relating to mounting height, while two local DOTs should be used alone, as a substitute for horizontal alignment in one area of the suggested allowing even lower the advance horizontal alignment chapter for ease of reference and mounting heights, in part because they warning signs. The FHWA disagrees consistency. In addition, the FHWA revises the title of the section to felt it would enable chevron signs to be because it is inherent in the application ‘‘Advisory Exit and Ramp Speed Signs’’ better illuminated by headlights. The of warning signs that they be located in and revises the text to remove the FHWA disagrees and adopts a minimum advance of the hazard in order to optional Curve Speed sign, as proposed mounting height of 4 feet as an provide the time and distance for a road in the NPA. Although a local DOT exception to the normal minimum user to reduce speed and act in a timely supported deleting the Curve Speed mounting height for signs, consistent manner. The FHWA also notes that the Advisory sign, a citizen opposed its with provisions in Section 3F.04 for combination Horizontal Alignment/ removal. The Curve Speed sign has had delineator placement. The FHWA also Advisory Speed sign shall only be used only limited usage and, with the new adds a reference in the GUIDANCE to supplement advance horizontal hierarchal approach to warning sign statement to Table 2C–6 Approximate alignment warning signs. Furthermore, the advance horizontal alignment usage for horizontal curves, this sign is Spacing of Chevron Alignment Signs on no longer needed. The FHWA believes Horizontal Curves. The spacing criteria warning signs are placed in advance of 61 the curve and the combination it is desirable to broaden the consistent are based on research. usage of a few signs providing better The FHWA also adds a new Horizontal Alignment/Advisory Speed driver communications rather than STANDARD statement at the end of the sign is placed at the beginning of the adding potential driver confusion with section specifying the conditions when curve. The FHWA adopts the revisions a mixed application of several signing the Chevron Alignment sign shall not be with minor editorial changes in this options. used, as proposed in the NPA. Although final rule. 121. In Section 2C.12 One-Direction 124. For all of the changes in a local DOT supported the revision, Large Arrow Sign (Section 2C.09 in the applications of warning signs and 2003 MUTCD), the FHWA adds a plaques for horizontal curves in 60 The FHWA Roadway Departure Crash Reduction Factors can be viewed at the following STANDARD statement as proposed in Sections 2C.06 through 2C.14 and in Internet Web site: http://safety.fhwa.dot.gov/tools/ the NPA prohibiting the use of a One- Table 2C–5, the FHWA establishes a crf/. Direction Large Arrow sign in the target compliance date of December 31, 61 FHWA/TX–04/0–4052–1, ‘‘Simplifying central island of a roundabout, as 2019 (approximately 10 years from the Delineator and Chevron Applications for Horizontal Curves,’’ dated March 2004, can be viewed at the proposed in the NPA. A traffic effective date of this final rule) for the following Internet Web site: http://tti.tamu.edu/ engineering consultant supported this installation of the additional signs and documents/0-4052-1.pdf. change, and the FHWA adopts this revisions in advisory speed values

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66760 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

required to achieve compliance with 127. In Section 2C.19 ROAD at least 21 States have developed their these provisions at existing locations. NARROWS Sign (Section 2C.15 in the own standard warning signs for this The FHWA establishes this target 2003 MUTCD) the FHWA proposed in purpose, but with varying legends and compliance date because of the the NPA to revise the language designs. The FHWA adopts uniform demonstrated safety issues associated describing the situations under which a designs for these signs, to provide with run-off-the road crashes at ROAD NARROWS sign should be used. consistency for road users. horizontal curves. As noted above, A local DOT and a State association of 131. In the NPA, the FHWA proposed fatalities at horizontal curves account counties and several of its members to change the title of Section 2C.31 for 25 percent of all highway fatalities, suggested that the proposed language (Section 2C.26 of the 2003 MUTCD) to yet horizontal curves are only a small actually changed the intent of the ‘‘Shoulder and Uneven Lanes Signs.’’ portion of the nation’s highway mileage. section. As a result, the FHWA clarifies The FHWA proposed to incorporate a The FHWA anticipates that installation the language in this final rule to state new symbolic Shoulder Drop Off sign of the required additional signs at that the ROAD NARROWS sign should and a plaque, as well as a new UNEVEN existing locations will provide be used in advance of a transition on LANES plaque, to warn road users of significant safety benefits to road users. two-lane roads where the pavement either a low shoulder or uneven lanes. State and local highway agencies and width is reduced abruptly to a width The FHWA proposed these new signs owners of private roads open to public such that vehicles traveling in opposite and plaques as a result of the Sign travel can schedule the installation of directions cannot simultaneously travel Synthesis Study,64 which found that the additional required signs in through the narrow portion of the symbol signs and/or different word conjunction with their programs for roadway without reducing speed. The messages are being used in at least 13 maintaining and replacing other signs at FHWA also adds a SUPPORT statement States to convey these or similar existing locations that are worn out or to describe the optional use of this sign messages, with a wide variety of legends damaged, thus minimizing any financial on low-volume local streets with speed and symbol designs. The States are not impacts. limits of 30 mph or less. consistent in how the symbol signs are 125. The FHWA adds a new section 128. In Section 2C.22 Divided used, with some being used for uneven numbered and titled Section 2C.15 Highway Sign (Section 2C.18 in the lanes and some for low shoulder or Combination Horizontal Alignment/ 2003 MUTCD), the FHWA adds a shoulder drop-off conditions. The Advisory Exit and Ramp Speed Signs. STANDARD that the Divided Highway Canadian MUTCD prescribes a single As proposed in the NPA, the FHWA (W6–1) sign shall not be used instead of standard symbol warning sign (TC–49) incorporates these new signs for a Keep Right (R4–7 series) sign in the for use to warn of either a low shoulder optional use where ramp or exit median island, as proposed in the NPA. or uneven lanes. The NCUTCD, one of curvature is not apparent to drivers in The FHWA adopts this change to reflect its members, and a local DOT the deceleration or exit lane or where accepted signing practices and prevent commented that an UNEVEN LANES the curvature needs to be specifically misuse of the W6–1 sign. word message warning sign is more identified as being on the ramp rather 129. In Section 2C.23 Divided appropriate than using a Shoulder Drop than on the mainline. ATSSA, two local Highway Ends Sign (Section 2C.19 of Off symbol with a supplemental DOTs, an NCUTCD member, and a the 2003 MUTCD), as proposed in the UNEVEN LANES plaque to depict citizen supported these new signs. The NPA, the FHWA changes the OPTION uneven lanes. The FHWA agrees that FHWA adopts the design and the use of statement to a GUIDANCE statement, the proposed symbol sign tends to this sign based on the Sign Synthesis recommending that the Two-Way convey a meaning of shoulder drop off Study,62 which found that at least four Traffic (W6–3) sign should also be used more than it does of uneven lanes and States have developed signs for this to warn of the transition to a two-lane, revises the language in this final rule to purpose, but with varying designs. The two-way section. The FHWA adopts this allow the use of an UNEVEN LANES FHWA adopts a uniform design for this change in this final rule in order to be word message sign to warn of a type of sign, to provide consistency for consistent with the GUIDANCE in difference in elevation between lanes. road users. Section 2C.44 that the W6–3 sign should Further, the FHWA relocates the text 126. In the NPA, the FHWA proposed be used for this condition. regarding the word message UNEVEN 130. The FHWA adds a new section to relocate Section 2C.13 of the 2003 LANES sign to Section 2C.32 Surface numbered and titled Section 2C.24 MUTCD Truck Escape Ramp Signs to Condition Signs in this final rule, Freeway or Expressway Ends Signs Chapter 2F (Chapter 2I in this final because it is more appropriately located (numbered Section 2C.23 in the NPA) rule), to reflect the proposed new there. As part of this change, the FHWA containing OPTION and GUIDANCE classification and design of these signs does not adopt the UNEVEN LANES statements regarding the use of these as general service signs. As discussed in supplemental plaque, since the use of new signs. The FHWA adopts these new detail under Amendments to Chapter 2I, this plaque to supplement a Shoulder signs because there are many locations the FHWA retains Truck Escape Ramp Drop Off symbol sign is not adopted. where a freeway or expressway ends by signs as Section 2C.17 in this final rule. The FHWA retains the Shoulder Drop changing to an uncontrolled access The FHWA also retains the warning sign Off symbol sign to depict an highway, and it is important to warn designations for the associated signs, unprotected shoulder drop-off, as stated drivers of the end of the freeway or and retains the color of the background in the 2003 Edition of the MUTCD. expressway conditions. In other cases, In the NPA, the FHWA also proposed of these signs as yellow and the color of the need for this type of warning might to add an optional use of the NO the legend, border, and arrows as black. be generated by other conditions not The sign images for these signs are readily apparent to the road user, such viewed at the following Internet Web site: http:// shown in Figure 2C–4 in this final rule. as the need for all traffic to exit the tcd.tamu.edu/documents/rwstc/Signs_Synthesis- Final_Dec2005.pdf. 62 freeway or expressway on exit ramps. 64 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ 63 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ FHWA, December 2005, page 43, can be viewed at The Sign Synthesis Study found that FHWA, December 2005, page 37, can be viewed at the following Internet Web site: http:// the following Internet Web site: http:// tcd.tamu.edu/documents/rwstc/Signs_Synthesis- 63 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ tcd.tamu.edu/documents/rwstc/Signs_Synthesis- Final_Dec2005.pdf. FHWA, December 2005, pages 43–44, can be Final_Dec2005.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66761

SHOULDER sign to allow agencies to consistency in the sign legends or that the best legibility distance is use a sign of uniform legend that would symbols currently in use by States for provided by depicting a motorcycle on warn road users that shoulders do not this purpose. To provide consistency in a supplementary plaque and that one exist along the roadway. This sign and sign design, the FHWA proposed to add particular style of motorcycle provides its design are based on the ‘‘Sign a symbol sign (along with an the best comprehension of the intended Synthesis Study,’’ 65 which found educational plaque for use if needed) message. ATSSA, the Motorcycle Safety inconsistencies in the legends of signs that may be used to warn road users of Foundation, a State DOT, a local DOT, currently in use by the States for this falling or fallen rocks, slides, or other and a citizen supported these new signs purpose. The NCUTCD suggested that similar situations. Although the most and plaques. As a result, the FHWA road users would be better served by common sign currently used in the U.S. adopts word message signs with two signs, one indicating that there is no is a word sign, Canadian, Mexican, standardized legends of GROOVED shoulder and another indicating that a European, and international standards PAVEMENT and METAL BRIDGE DECK shoulder ends. The FHWA agrees and use symbols, all of which are very and a new supplementary plaque adopts in this final rule two optional similar, for this message. The FHWA featuring a side view of a motorcycle. signs, the NO SHOULDER sign to warn proposed to adopt the standard Mexican Based on comments from three of the lack of a shoulder on a short MUTCD symbol, because its design NCUTCD members, a traffic engineering segment of a roadway without a appeared to offer the best simplicity and consultant, and a citizen suggesting shoulder, as proposed in the NPA, and legibility. Although ATSSA and a local edits to the symbol and flexibility in the a new SHOULDER ENDS sign to DOT supported this new sign and mounting of the plaque, the FHWA also provide advance warning that a plaque, the NCUTCD and one of its clarifies the text and Figure 2C–6 in this shoulder is ending. Although not members opposed the symbol on the final rule to show the motorcyclist on proposed in the NPA, use of the new sign and the plaque because they felt the plaque facing left and to allow the SHOULDER ENDS sign is optional, and that it would not be well understood by Motorcycle plaque to be mounted either the FHWA believes that some agencies the travelling public and that a word above or below the sign if the warning may find it appropriate to use this sign. sign would be more appropriate. The is intended to be directed primarily to 132. The FHWA changes the title of FHWA believes that additional human motorcyclists. Section 2C.32 to ‘‘Surface Condition factors testing of alternative symbols for 134. In the NPA, the FHWA proposed Signs’’ (Section 2C.27 in the 2003 this message would be desirable prior to adding a new section numbered and MUTCD) and incorporates several future consideration of adopting a titled Section 2C.34 NO CENTER additional signs and supplemental symbol and therefore the FHWA does STRIPE Sign. The FHWA adopts this plaques into this section, as proposed in not adopt the symbol sign or plaque in new section based on a review of the the NPA. The FHWA adds information this final rule. Instead, the FHWA 2003 MUTCD and 2004 SHSM book that in the OPTION regarding the use of adopts a FALLEN ROCKS word message revealed that the MUTCD did not supplemental plaques with legends sign. contain language about this existing such as ICE, WHEN WET, STEEL DECK, 133. As proposed in the NPA, the sign, which is illustrated in Figure 2C– and EXCESS OIL with the W8–5 sign to FHWA adds a new section numbered 6. However, in this final rule the FHWA indicate the reason that the slippery and titled Section 2C.33 Warning Signs revises the legend of the sign to NO conditions might be present. and Plaques for Motorcyclists, that CENTER LINE to reflect current The FHWA also adds information in contains SUPPORT and OPTION terminology, and revises the title and the OPTION regarding the LOOSE statements regarding the use of two new text of Section 2C.34 accordingly. GRAVEL and ROUGH ROAD word warning signs and an associated 135. As proposed in the NPA, the signs, as proposed in the NPA. These symbolic plaque that may be FHWA adds a new section numbered signs and plaques have been illustrated specifically placed to warn and titled Section 2C.35 Weather in the MUTCD and the SHSM book, but motorcyclists of road surface conditions Condition Signs, containing OPTION had not previously been discussed in that would primarily affect them, such and STANDARD statements regarding the MUTCD text. as grooved or brick pavement and metal the use of four new signs to warn users In addition, the FHWA incorporates bridge decks. The FHWA adds the new of potential adverse weather conditions. the information from Section 2C.28 signs to promote needed sign The FHWA based the proposed signs on BRIDGE ICES BEFORE ROAD sign of uniformity, based on the results of the results of the Sign Synthesis Study 69 the 2003 MUTCD into this section, as Sign Synthesis Study,67 which found a that showed that signs for various proposed in the NPA, in order to variety of different messages in use by weather conditions were in very maintain cohesiveness of information. the States for these purposes. common use in many parts of the Finally, in the NPA the FHWA Subsequently, a study 68 evaluated country, but with widely varying proposed adding a new symbolic Falling several different motorcycle symbols legends. In the NPA, the FHWA Rocks sign and an educational plaque to and arrangements of such symbols both proposed to use the legend WATCH this section to reflect common practice within the primary warning sign and as FOR FOG. Although ATSSA supported in many States to warn road users of the a supplemental plaque. The study found the proposed legend, the NCUTCD and frequent possibility of rocks falling (or one of its members and a local DOT already fallen) onto the roadway. The 67 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ suggested that ‘‘WATCH FOR’’ is 66 Sign Synthesis Study found a lack of FHWA, December 2005, pages 39–40, can be unnecessary text on a warning sign. The viewed at the following Internet Web site: http:// FHWA agrees and adopts the legend _ 65 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ tcd.tamu.edu/documents/rwstc/Signs Synthesis- FOG AREA in this final rule. ATSSA FHWA, December 2005, page 37, can be viewed at Final_Dec2005.pdf. the following Internet Web site: http:// 68 ‘‘Design and Evaluation of Selected Symbol supported the GUSTY WINDS sign, tcd.tamu.edu/documents/rwstc/Signs_Synthesis- Signs,’’ Final Report, May, 2008, conducted by while a State DOT, a local DOT, and an Final_Dec2005.pdf. Bryan Katz, Gene Hawkins, Jason Kennedy, and 66 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ Heather Rigdon Howard, for the Traffic Control 69 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ FHWA, December 2005, pages 37–38, can be Devices Pooled Fund Study, can be viewed at the FHWA, December 2005, pages 38–39, can be viewed at the following Internet Web site: http:// following Internet Web site: http:// viewed at the following Internet Web site: http:// tcd.tamu.edu/documents/rwstc/Signs_Synthesis- www.pooledfund.org/documents/TPF-5_065/ tcd.tamu.edu/documents/rwstc/Signs_Synthesis- Final_Dec2005.pdf. symbol_sign_report_final.pdf. Final_Dec2005.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66762 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

NCUTCD member suggested alternate As proposed in the NPA, and to purpose of this plaque is to warn road wording or questioned the need for the correspond to changes adopted in users on an entering roadway or sign. The FHWA adopts the wording Section 2B.13, the FHWA revises the channelized right-turn movement that GUSTY WINDS, as proposed in the NPA GUIDANCE statement to recommend they will encounter an abrupt merging as this message is simpler and clearer that a Reduced Speed Limit Ahead sign situation at the end of the ramp or than any alternate wordings. ATSSA, a be used where the speed limit is being turning roadway. ATSSA, two State State DOT, a local DOT, and a citizen reduced by more than 10 mph, or where DOTs, and a local DOT supported the supported the new ROAD MAY FLOOD engineering judgment indicates the need new plaque. Two local DOTs opposed and Depth Gauge signs. The NCUTCD for advance notice. A local DOT its use, suggesting that it might be and a State DOT suggested revisions to supported this revision. Two State misinterpreted. The FHWA believes that clarify the placement of these optional DOTs suggested that it is infeasible to when there are only a few entrance signs to indicate the depth of the water install reduced speed signs in advance ramps or channelized right turns in an at the deepest point on the roadway. of every 10 mph reduction in speed. The area that do not have acceleration lanes, The FHWA agrees with the suggested FHWA reiterates that the Reduced those few locations do not meet driver revisions and adopts them in this final Speed Limit Ahead warning sign should expectations. Therefore, the FHWA rule because they provide clearer and be used for speed limit drops in excess adopts this plaque in this final rule less ambiguous information to road of 10 mph and would remain only an based on the results of the Sign users. The FHWA adopts uniform option, rather than a recommendation, Synthesis Study,72 which indicated that designs for these signs to provide road for a 10 mph difference in posted speed some States routinely use this plaque to users with consistent messages. limits. The FHWA believes that provide road users with important 136. As proposed in the NPA, the reductions in speed limit of more than warning information for these FHWA adds a new section numbered 10 mph are unexpected by road users conditions. and titled Section 2C.37 Advance Ramp and might require special actions to 140. In Section 2C.42 Lane Ends Signs Control Signal Signs, containing reduce speed before reaching the start of (Section 2C.33 of the 2003 MUTCD), the OPTION, GUIDANCE, and STANDARD the lower speed zone, and thus justify FHWA proposed in the NPA to allow statements regarding the use of two new the use of a warning sign. The FHWA the use of the W4–7 THRU TRAFFIC signs. ATSSA and two local DOTs adopts this change in order to provide MERGE RIGHT (LEFT) sign, as a supported the addition of these signs to consistency for determining where supplement to other signs, to warn road the MUTCD. The NCUTCD and a State speed reduction signs should be placed. users in the right or left lane that their DOT suggested clarifying the placement 138. The FHWA adds a new section lane is about to become a mandatory of the RAMP METERED WHEN numbered and titled Section 2C.39 turn or exit lane. ATSSA and the FLASHING sign to allow flexibility in DRAW BRIDGE Sign, as proposed in the NCUTCD supported this new sign; where it is placed. The FHWA agrees NPA, that contains a STANDARD however, a local DOT suggested that an and revises the language accordingly in statement and a figure regarding the use additional sign is not needed, because this final rule to clarify the GUIDANCE of this sign. The FHWA adopts this new the existing W9–1 and W9–2 Series statement as to the placement of the sign Section in this final rule because signs already serve this purpose. The in advance of the ramp control signal Section 4J.02 Design and Location of FHWA agrees and does not adopt the near the entrance to the ramp or on the Moveable Bridge Signals and Gates proposed use of this sign in this final arterial on the approach to the ramp. (Section 4I.02 of the 2003 MUTCD) rule. The FHWA believes this sign The FHWA also adopts the RAMP requires the use of the DRAW BRIDGE legend can be confusing when there are METER AHEAD and RAMP METERED sign in advance of all drawbridges. more than two through lanes. Instead, WHEN FLASHING signs to provide Because the W3 series is used for the FHWA adds a GUIDANCE statement uniformity of signing at ramp metering advance warning signs and this sign is in Section 2C.42 in this final rule to locations, especially because the required in advance of the condition, it recommend the use of the RIGHT practice of ramp metering continues to is appropriate to include the text and a (LEFT) LANE ENDS (W9–1) adjacent to grow. The common existing use of these figure in Chapter 2C, which covers the Lane-Reduction Arrow pavement signs is documented in the Sign Warning Signs. ATSSA supports the markings. The FHWA also clarifies the Synthesis Study 70 and is recommended required use of this sign at drawbridges. application of the W4–2, W9–1, and in the FHWA’s Ramp Management and Based on a comment from a local DOT, W9–2 warning signs in this final rule by Control Handbook.71 the FHWA revises the design of the W3– adding a STANDARD statement 137. The FHWA changes the title of 6 sign to be a two line legend warning prohibiting their use where a thru lane Section 2C.38 to ‘‘Reduced Speed Limit sign with DRAW as the first line and is designated as a mandatory turning Ahead Signs’’ (Section 2C.30 of the 2003 BRIDGE as the second line, as Draw lane approaching an intersection. The MUTCD) to reflect the change of the Bridge is two words rather than one in FHWA adopts these changes to be sign name to be consistent with the Stop the dictionary and a two-line legend consistent with changes adopted in Ahead, Yield Ahead, and Signal Ahead allows for larger letters that are more Sections 2B.20 and 3B .04. The FHWA warning sign names. A State DOT and legible to road users, and deletes retains the current use of the W4–7 sign a citizen supported the use of these AHEAD from the legend, since the for temporary conditions in Part 6. signs. shape and color of the sign implies that 141. The FHWA adds a new section the condition listed is ahead. numbered and titled Section 2C.43 70 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ 139. As proposed in the NPA, in RIGHT (LEFT) LANE EXIT ONLY FHWA, December 2005, page 34, can be viewed at Section 2C.40 Merge Signs (Section AHEAD Sign. This section contains the following Internet Web site: http:// tcd.tamu.edu/documents/rwstc/Signs_Synthesis- 2C.31 of the 2003 MUTCD), the FHWA OPTION, STANDARD, GUIDANCE, and Final_Dec2005.pdf. adds an OPTION statement at the end of SUPPORT statements regarding the use 71 ‘‘Ramp Management and Control Handbook,’’ the section to incorporate the new NO FHWA, January 2006, page 5–29, can be viewed at MERGE AREA supplemental plaque that 72 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ the following Internet Web site: http:// may be mounted below a Merge sign, an FHWA, December 2005, page 34, can be viewed at ops.fhwa.dot.gov/publications/ the following Internet Web site: http:// ramp_mgmt_handbook/manual/manual/pdf/ Entering Roadway Merge sign, a Yield tcd.tamu.edu/documents/rwstc/Signs_Synthesis- rm_handbook.pdf. Ahead sign, or a YIELD sign. The Final_Dec2005.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66763

of this new sign to provide advance In the NPA, the FHWA proposed to because no one would use the sign for warning of a freeway lane drop. ATSSA delete from the GUIDANCE statement that application. The FHWA notes that and two local DOTs supported this sign, the recommendation that Circular the Two Direction Large Arrow warning while the NCUTCD and two of its Intersection symbol warning signs sign is frequently used inappropriately members opposed the addition of this should be installed on the approaches to in the central island of a roundabout warning sign, because they felt that the a YIELD sign controlled roundabout. intersection. The FHWA adopts this sign should be a regulatory sign, since Based on a comment from a traffic change in this final rule in conjunction it is used when traffic is required to engineering consultant suggesting that with other changes in Chapters 2B and depart the roadway. The FHWA notes advance notice of a circular intersection 2D to provide consistency in signing at that this warning sign is for post- needs to be given on higher speed roundabouts. mounted application in advance of the approaches, the FHWA decides not to 146. In Section 2C.48 Traffic Signal RIGHT LANE MUST EXIT delete the existing GUIDANCE Signs (Section 2C.39 of the 2003 supplementary regulatory sign to the statement in the 2003 MUTCD and MUTCD), as proposed in the NPA, the overhead guide sign EXIT ONLY where instead retains the GUIDANCE FHWA adopts text clarifying the physical constraints prevent overhead statement with a modification that STANDARD statement that W25–1 and signing of the EXIT ONLY sign. Several recommends installing the Circular W25–2 signs are to be vertical of the commenters suggested that the Intersection (W2–6) symbol sign in rectangles. Two local DOTs and an word ‘‘AHEAD’’ be deleted from the advance of a roundabout if the approach NCUTCD member opposed the existing sign, because warning signs already has a statutory or posted speed limit of provisions of requiring the use of the imply that the condition is ahead. The 40 mph or higher The FHWA also adds W25–1 and W25–2 signs to warn drivers FHWA retains the ‘‘AHEAD’’ legend in new Offset Side Roads and Double Side of extended green signal indications in this final rule, because it warns of an Roads symbols for use on Intersection the opposite direction. The commenters exit requirement, which is different Warning Signs to the GUIDANCE felt that the sign text should be revised from many other warning signs. The statement, as proposed in the NPA. to improve the understanding of the FHWA adopts this sign based on the ATSSA and a local DOT supported legend, or should be eliminated. The results of the Sign Synthesis Study 73 these symbol signs, while the NCUTCD FHWA notes that the provisions for that showed several States use a similar and a traffic engineering consultant their use are clearly indicated in the text warning sign for these conditions, provided comments about the design of referred to in Part 4, and that they are particularly when overhead guide signs the Offset Side Road intersection not required for all permissive left-turn are not present on which to use EXIT warning sign. As a result, the FHWA applications, only for those few where ONLY plaques. adds two GUIDANCE statements a ‘‘yellow trap’’ signal sequence is 142. In the NPA, the FHWA proposed providing recommendations that the operated. 147. In the NPA, the FHWA proposed adding a new section numbered and Double Side Roads W2–8 symbol sign adding a new Combined Bicycle/ titled Section 2C.46 Two-Way Traffic on should be used instead of the Side Road Pedestrian sign and TRAIL X–ING a Three-Lane Roadway Sign. The symbol sign where two closely spaced supplemental plaque in Section 2C.49 proposed sign was a variant of the side roads are on the same side of the (Section 2C.40 of the 2003 MUTCD) existing W6–1 two-way traffic warning highway, that no more than two side Vehicular Traffic Warning Signs. With sign. ATSSA and two local DOTs road symbols should be displayed on the increasing mileage of shared-use supported the sign; however, an the same side of the highway on a W2– paths in the U.S., the number of places NCUTCD member and a citizen 7 or W2–8 symbol sign, and no more where shared-use paths, used by both than three side road symbols should be expressed concern that the sign might bicyclists and pedestrians, cross a road convey inaccurate information to displayed on a W2–7 or W2–8 symbol or highway is also increasing. To drivers if the sign rotated to an upside sign. The FHWA adopts these new provide advance warning of these down position as the result of symbols to address the results of the 74 crossings and to indicate the location of vandalism or sign damage. The FHWA Sign Synthesis Study, which showed the crossing itself, the provisions of the agrees and does not adopt this section that variants of the W2–2 sign depicting STANDARD statements of the 2003 or the associated signs in this final rule. offset side roads or two closely spaced MUTCD made it necessary to use both 143. As proposed in the NPA, the side roads are used in many States, but the supplementary application of the FHWA relocates the information from the relative distance between the two W11–1 (bicycle) and W11–2 Section 2C.36 of the 2003 MUTCD side roads and the relative stroke widths (pedestrian) crossing warning signs, Advisory Exit, Ramp, and Curve Speed of the roadways varies significantly. As mounted together on the same post at Signs, to Section 2C.14 in order to place a result, the FHWA adopts uniform the crossing when used to supplement all horizontal alignment warning signs designs in this final rule. the advance warning placement, or in the same area of Chapter 2C. 145. In Section 2C.47 Two-Direction sequentially along the road The Sign 144. In Section 2C.46 Intersection Large Arrow Sign (Section 2C.38 of the Synthesis Study 75 revealed that several Warning Signs (Section 2C.37 of the 2003 MUTCD), the FHWA adopts the States have developed combination 2003 MUTCD), as proposed in the NPA, STANDARD statement as proposed in signs to simplify and improve the the FHWA adds an OPTION allowing an the NPA that the Two-Direction Large signing for shared-use path crossings, educational plaque with a legend such Arrow sign shall not be used in the using either a single sign with combined as TRAFFIC CIRCLE or ROUNDABOUT central island of a roundabout. A traffic bicycle and pedestrian symbols or a to be mounted below a Circular engineering consultant supported this word message sign with a variety of Intersection symbol sign. ATSSA and a restriction, while a local DOT suggested different legends. As a result, the FHWA local DOT supported this new plaque. that this restriction was not needed, proposed in the NPA a new Combined

73 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ 74 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ 75 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ FHWA, December 2005, page 35, can be viewed at FHWA, December 2005, page 33, can be viewed at FHWA, December 2005, page 42, can be viewed at the following Internet Web site: http:// the following Internet Web site: http:// the following Internet Web site: http:// tcd.tamu.edu/documents/rwstc/Signs_Synthesis- tcd.tamu.edu/documents/rwstc/Signs_Synthesis- tcd.tamu.edu/documents/rwstc/Signs_Synthesis- Final_Dec2005.pdf. Final_Dec2005.pdf. Final_Dec2005.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66764 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

Bicycle/Pedestrian sign and TRAIL X– rule) that requires the use of the W16– The FHWA also adopts the OPTION ING supplemental plaque. ATSSA, a 7P plaque at crossings. statement to allow Pedestrian Crossing State DOT, and three local DOTs 148. In Section 2C.50 Non-Vehicular signs to be mounted overhead where supported the Combined Bicycle/ Warning Signs (Section 2C.41 of the Yield Here To (Stop Here For) signs Pedestrian sign application and the 2003 MUTCD) the FHWA changes the have been installed in advance of the design of the sign as proposed in the 2nd OPTION statement in the 2003 crosswalk. The FHWA also allows the NPA. The NCUTCD and three of its Edition of the MUTCD to a GUIDANCE use of advance Pedestrian Crossing members, four State DOTs, three local statement. Although not proposed in the (W11–2) signs on the approach with DOTs, an association representing local NPA, the FHWA adopts this change to AHEAD or distance plaques at the DOTs, five associations representing recommend the use of warning signs crosswalk where Yield Here To (Stop bicyclists and/or pedestrians, and three supplemented with plaques with the Here For) Pedestrian signs have been citizens supported the use of the AHEAD or XX FEET legend when they installed. The FHWA adopts this new Combined Bicycle/Pedestrian sign, but are used with or in advance of a language to be consistent with similar suggested that the design proposed in pedestrian, snowmobile, or equestrian language that is adopted in Part 7, the NPA was confusing, tested poorly in crossing to inform road users that they which is based on FHWA’s Official research studies, or was unclear. As a are approaching a point where crossing Interpretation # 2–566.76 result of those comments, the FHWA activity might occur. The FHWA adopts revises the sign design adopted in this this change in this final rule to be In the NPA, the FHWA proposed to final rule to show a bicycle symbol at consistent with the use of these plaques add a STANDARD statement that the top of the sign and a pedestrian at crossings, as required throughout the required school signs and their related symbol at the bottom, as suggested by MUTCD. Application of the Non- supplemental plaques to have a the NCUTCD. The FHWA also adds a Vehicular Warning signs without the fluorescent yellow-green background TRAIL CROSSING word message plaques stating distance or AHEAD or with a black legend and border to be alternative sign in this final rule because downward sloping arrow at the crossing consistent with changes in Chapter 2A it agrees with a comment from the can be confusing to road users as to the and in Part 7. In this final rule, the NCUTCD that such a sign might be location of the crossing. FHWA notes FHWA relocates this statement to needed in locations where the the serious consequences to a pedestrian Section 2A.10 Sign Colors, based on recreational path includes equestrians or wheel chair bound user if the comments from an NCUTCD member, a or snowmobiles. operator of a much heavier vehicle State DOT, a local DOT, and a traffic ATSSA, a State DOT, two NCUTCD operator is confused as to the location engineering consultant, suggesting that members and a traffic engineering where to expect them to enter the Section 2A.10 is a more appropriate consultant commented that the color of highway. location for the information, since that the Combined Bicycle/Pedestrian sign The FHWA also revises the existing section discusses the color of signs. and TRAIL X–ING plaque shown in STANDARD in paragraph 04 to clarify In the NPA, the FHWA proposed to Figure 2C–10 should be changed to that the placement of a supplemental change paragraph 09 to a GUIDANCE reflect that the standard background downward pointing arrow plaque shall statement to recommend, rather than color is yellow, and that the fluorescent be below post-mounted Non-Vehicular merely permit, the use of fluorescent yellow-green color is optional. The Warning signs, and to prohibit the use yellow-green for pedestrian, bicycle, FHWA agrees and revises the sign of the diagonal downward pointing and playground Non-Vehicular Warning illustrations in this final rule arrow on overhead-mounted Non- signs and their supplemental plaques. accordingly, consistent with adopted Vehicular Warning signs. Although not The NCUTCD and two of its members, revisions in Section 2A.10. proposed in the NPA, the FHWA adopts three State DOTs, and two local DOTs Although not proposed in the NPA, these clarifications in response to a opposed including the Bicycle (W11–1) the FHWA adds an OPTION statement comment from a State DOT suggesting warning sign in this statement that that the Combination Pedestrian/Bicycle that an arrow on an overhead sign elevates the use of the fluorescent symbol sign and TRAIL CROSSING would not be pointing to the yellow-green background to a word message sign may be appropriate location. The resulting recommendation (rather than an option supplemented with plaques with the STANDARD in this final rule specifies as in the 2003 MUTCD), because Bicycle legend AHEAD, XX FEET, or NEXT XX that the diagonal downward sloping warning signs are not always school MILES when used in advance of a arrow (W16–7P) plaque shall not be related. Because bicycles are defined as pedestrian and bicycle crossing. The used with an overhead mounting of the vehicles, the Bicycle W11–1 warning FHWA adds this language in this final W11–6, W11–7 or W11–9 Non- sign is a Vehicular Traffic Warning sign, rule to provide consistency with other Vehicular Warning symbol signs. This is and therefore the FHWA moves it to sections in the MUTCD involving the necessary so that the application of the Section 2C.49 in this final rule. As use of plaques with Vehicular Traffic W16–7 downward sloping arrow discussed above in 2C.49, the use of Warning signs. uniquely identifies the location of the fluorescent yellow-green is an option for In addition, the FHWA adds a crossing. Vehicular Traffic Warning signs, STANDARD to clarify that post- The FHWA adds STANDARD and including the W11–1 sign. To be mounted Bicycle (W11–1), Golf Cart OPTION statements regarding the consistent with changes adopted in (W11–11), Combined Pedestrian/Bicycle combination use of the Yield Here To Section 2C.03 and discussed therein, in (W11–15), and TRAIL CROSSING (Stop Here For) Pedestrian sign in the this final rule the FHWA adopts an (W11–15a) signs shall be supplemented vicinity of the Pedestrian Crossing OPTION to use fluorescent yellow-green with a diagonal downward pointing (W11–2) sign in this final rule that for non-school Non-Vehicular Warning arrow (W16–7P) plaque when used at a restricts blocking the view of the W11– signs and their associated plaques. crossing. Although not proposed in the 2 sign, or placing it on the same post as NPA, the FHWA adds this requirement a R1–5 series sign. These additional 76 FHWA’s Official Interpretation #2–566(I), July to be consistent with the current statements are necessary for consistency 27, 2005, can be viewed at the following Internet STANDARD in the 2003 MUTCD with the STANDARD and OPTION Web site: http://mutcd.fhwa.dot.gov/resources/ (included in Section 2C.51 in this final statements in Sections 2B.11 and 2B.12. interpretations/2_566.htm.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66765

149. In both Section 2C.49 Vehicular and the standard signs do not provide State DOTs, two local DOTs, and an Traffic Warning Signs and Section 2C.50 accurate meaning and adequate NCUTCD member supported the use of Non-Vehicular Warning Signs (Sections warning. The FHWA also adopts the mixed-case letters, but suggested that 2C.40 and 2C.41 of the 2003 MUTCD), uniform symbol designs to address the their use not be mandatory. The in the NPA the FHWA proposed to add lack of consistency in the signs commenters felt that there is not enough OPTION statements regarding the use of currently being used for this purpose by evidence to support the change to Warning Beacons and supplemental the States. mandate the use of mixed-case letters WHEN FLASHING plaques to indicate 151. The FHWA adds a new section and that the cost of replacing the signs specific periods when the condition or numbered and titled Section 2C.52 NEW is disproportionate to the benefit to be activity is present or is likely to be TRAFFIC PATTERN AHEAD Sign, received by changing the letters. The present. A local DOT supported this containing OPTION and GUIDANCE FHWA disagrees that there are additional information; however, an statements regarding the use of this sign significant cost impacts, as existing NCUTCD member suggested that the to provide advance warning of a change Advance Street Name plaques in good language was confusing. The FHWA in traffic patterns, such as revised lane condition may remain in service until revises the language in this final rule to usage, roadway geometry, or such point in time that they are replaced clarify the application of a supplemental intersection control. ATSSA, an as part of the agency’s periodic sign WHEN FLASHING (W16–13P) plaque. NCUTCD member, and a local DOT maintenance program. The FHWA The FHWA adopts these changes to supported this sign as presented in the retains the requirement for mixed-use clarify the allowable use of this plaque, NPA. A State DOT, an NCUTCD letters based on published research 79 for consistency with provisions member, two local DOTs, a traffic that demonstrates the improved regarding warning beacons contained in engineering consultant, and a citizen recognition and legibility distances for Part 4 of the 2003 MUTCD and in the either opposed the message because place names and destinations that are adopted 2009 MUTCD. they felt that it was not clear or comprised of an upper-case first letter 150. In Figure 2C–11 (Figure 2C–12 in suggested that alternate legends be followed by lower-case lettering. the NPA) Non-Vehicular Warning Signs, added for this sign. A State DOT Consistent with the current design the FHWA adds images of new symbolic suggested deleting the sign and allowing requirements in Chapter 2D for the warning signs for moose, elk/antelope/ agencies to develop a specific sign to application of directional arrows to caribou, wild horses (horse without a indicate what is different. A State DOT, Street Name signs and Advance Street rider), burros/donkeys, sheep, bighorn two local DOTs, and an NCUTCD Name signs, the FHWA adds a sheep, and bears, as proposed in the member suggested that the background requirement that directional arrows be NPA. The 2003 MUTCD included only of the sign be orange, since it represents used adjacent to street names when two three signs to warn of the possible a temporary situation, and that the sign street names are used on the Advance crossings of large animals—deer should be in Part 6, rather than in Part Street Name plaque. The FHWA adopts crossing (W11–3), cattle crossing (W11– 2. The FHWA declines removing the this requirement in this final rule based 4), and equestrian crossing (horse with proposed sign from Part 2 because it is on a comment from the NCUTCD rider, W11–7). The prevalence of other a warning sign for a change in suggesting the need to account for side types of large animals that might cross conditions that may not be associated roads that have different names, and to roads (and which might cause with temporary traffic control. However, provide consistency for road users. The significant damage or injury if struck by the FHWA also adds this sign in this added text reflects common practice by final rule (with an orange background) highway agencies and MUTCD a vehicle) has caused at least 16 States in Chapter 6F. The FHWA understands principles for arrows on guide signs. to develop signs (usually symbolic) for that some agencies are using different The FHWA adds a GUIDANCE warning of one or more different animal legends; however, the FHWA declines statement, and an accompanying figure, crossings, as documented in the Sign adding additional legends to the that recommends the order in which Synthesis Study.77 ATSSA supported MUTCD in order to establish a uniform street names should be displayed on an the new large animal symbol signs, design and most importantly a uniform Advance Street Name plaque, as however a State DOT and a local DOT meaning to road users. The FHWA proposed in the NPA. ATSSA and a suggested that there is not sufficient adopts in this final rule the legend as local DOT supported this research to show that the existing shown in the NPA to reflect existing recommendation. animal warning signs are effective, so practices in many States and numerous 153. In Section 2C.59 CROSS there is no reason to add considerably local jurisdictions as documented in the TRAFFIC DOES NOT STOP Plaque more animal symbol warning signs. The Sign Synthesis Study 78 and to provide (Section 2C.50 of the 2003 MUTCD), the NCUTCD and two of its members a uniform legend for this purpose, FHWA adds a GUIDANCE statement as provided comments about the design of consistent with similar adopted changes proposed in the NPA that plaques with the bear, sheep, elk, moose, and wild in Part 6. appropriate alternative messages, such horse symbols. Based on those 152. In Section 2C.58 Advance Street as TRAFFIC FROM LEFT DOES NOT comments, the FHWA revises the moose Name Plaque (Section 2C.49 of the 2003 STOP, be used at intersections where symbol in this final rule to show the MUTCD), as proposed in the NPA, the STOP signs control all but one approach animal with its head up and removes FHWA adds a requirement that the to the intersection. ATSSA and a local the grass from beneath the elk’s feet. lettering on Advance Street Name DOT supported the plaques. Similar to The FHWA adopts the new signs plaques shall be composed of a comments about Chapter 2B proposals because the new animal symbols look combination of lower-case letters with regarding ALL-WAY plaques with STOP significantly different from the three initial upper-case letters. ATSSA and a signs, two local DOTs opposed using animal symbols in the 2003 MUTCD citizen supported this change. Two 79 Research on this topic is cited and discussed 77 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ 78 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ in ‘‘Highway Design Handbook for Older Drivers FHWA, December 2005, pages 41–42, can be FHWA, December 2005, page 33, can be viewed at and Pedestrians,’’ FHWA Report no. FHWA–RD– viewed at the following Internet Web site: http:// the following Internet Web site: http:// 01–103, May 2001, which can be viewed at the tcd.tamu.edu/documents/rwstc/Signs_Synthesis- tcd.tamu.edu/documents/rwstc/Signs_Synthesis- following Internet Web site: http://www.tfhrc.gov/ Final_Dec2005.pdf. Final_Dec2005.pdf. humanfac/01103/coverfront.htm.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66766 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

these plaques because they feel that the that its meaning was not clear. The Study,81 which showed that some States existing plaques are effective. The FHWA disagrees and adopts the new and Canadian provinces are using FHWA disagrees that the meaning and symbol sign in this final rule, noting similar plaques and signs for this understanding of these types of that the results of the ‘‘Design and purpose, and to provide a uniform supplemental plaques by road users has Evaluation of Symbol Signs’’ study 80 plaque design for consistency. confused drivers facing a STOP sign as found that subjects in a human factors In the NPA, the FHWA also proposed to which other approaches are required study demonstrated excellent correct in a GUIDANCE statement that the use to stop. The FHWA believes to the understanding of the symbol when of this plaque be limited to the first 6 contrary, that these plaques are helpful displayed with a Signal Ahead warning months after the traffic regulation has for informing and warning road users, sign as meaning a warning of Red Light been in effect. A State and a local DOT and the FHWA adopts these plaques in Enforcement Cameras. supported this time limitation, while this final rule to be consistent with another local DOT suggested that its use changes adopted in Chapter 2B. 156. In the NPA, the FHWA proposed be limited to 3 months. To address a 154. In Section 2C.60 SHARE THE to add a section numbered and titled comment from the State DOT suggesting ROAD Plaque (Section 2C.51 of the 2003 Section 2C.66 METRIC Plaque. The that if the plaque remains in place for MUTCD), the FHWA adds a new FHWA does not adopt this section in a long time (possibly years) it would STANDARD statement that requires that this final rule, reflecting the removal of degrade the effect of the same sign at a the SHARE THE ROAD plaque be used metric signs from the MUTCD. location that has a new restriction, the only as a supplement to a Vehicular 157. The FHWA adds a new section FHWA revises the statement to a Traffic or Non-Vehicular sign. ATSSA numbered and titled Section 2C.62 NEW STANDARD in this final rule, thereby and a State DOT supported this Plaque (numbered Section 2C.67 in the limiting its use to a maximum 6-month standard, while a local DOT suggested NPA) that describes the use of this time period. The FHWA believes that that prohibiting the use of this plaque optional plaque that may be mounted timely removal of this plaque is alone is not justified. The FHWA above a regulatory sign when a new essential, warranting mandatory disagrees because road users need more traffic regulation takes effect or above an language. 158. In Section 2C.63 Object Marker clarity on the type of vehicle or advance warning sign for a new traffic Design and Placement Height (Section nonvehicle that might be present, and control condition. ATSSA, the because plaques are not intended for 3C.01 of the 2003 MUTCD, numbered NCUTCD, a State DOT, a local DOT, and independent use. The FHWA adopts Section 2L.01 of the NPA), the FHWA a traffic engineering consultant this change in this final rule as adopts several revisions in this final supported the plaque and its design as proposed in the NPA. The FHWA rule based on comments submitted by proposed in the NPA to require the use proposed in the NPA. Two local DOTs the NCUTCD suggesting the need to of fluorescent yellow-green background and two NCUTCD members suggested clarify the design of object markers due for all school, pedestrian, and bicycle that the design of the plaque be changed to their relocation into Part 2 signs to applications. As discussed above in to a black legend on a yellow avoid inconsistencies with existing and Section 2C.03, in this final rule the background. A State DOT, two local proposed revisions to the MUTCD. The FHWA revised Section 2C.03 to make DOTs, and an NCUTCD member resulting changes clarify existing the mandatory application of opposed the new plaque because of its standards that object markers do not fluorescent yellow-green apply only to design and the fact that Section 2A.15 have a border in their design, that Type School area signs and adopted an addresses other ways to enhance sign I object markers are diamond shaped, OPTION statement that the background conspicuity. The FHWA revises the that retroreflectors are in fact color of Non-Vehicular Warning signs design of the plaque in this final rule to retroreflective devices, and providing may be either yellow or fluorescent be the black legend ‘‘NEW’’ and a black information regarding the design of the yellow-green consistent with Table 2A– border on a yellow background without Type 4 object marker that is used to 5. Based on a comment from a State the black and white sunburst graphic. mark the end of a roadway. These DOT, a local DOT, two NCUTCD Although not opposed to the plaque, a revisions will not have a significant members, and a traffic engineering local DOT expressed concern that that impact on agencies; rather they provide consultant suggesting the need for the addition of this supplemental clarification and combine similar consistency with Section 2C.03, FHWA plaque to the MUTCD might result in information all in one location, which adds a STANDARD statement to Section overuse of the plaques by agencies being the FHWA believes will be beneficial to 2C.60 to provide for the consistent pressured to ‘‘do more by adding this practitioners. application of the appropriate plaque to many signs’’ for a particular 159. In Section 2C.64 Object Markers background color to the SHARE THE situation, regardless of whether the for Obstructions Within the Roadway ROAD plaque. plaque’s effectiveness is demonstrated. (Section 3C.02 of the 2003 MUTCD, 155. In Section 2C.61 Photo Enforced The FHWA understands this concern, Section 2L.02 of the NPA), the FHWA Plaque (Section 2C.53 of the 2003 and notes that in response to a comment proposed in the NPA adding an MUTCD), the FHWA replaces the from the NCUTCD, the FHWA adopts OPTION statement regarding the ‘‘PHOTO ENFORCED’’ word message language in this final rule restricting the placement of Type 1 or Type 3 markers plaque with a new symbol plaque use of the NEW plaque so that it cannot on the nose of a median island. The depicting a camera and designated as be used alone. The FHWA adopts this NCUTCD, a State DOT, and a local DOT, W16–10P, as proposed in the NPA. The new plaque based on the Sign Synthesis supported the concept, but suggested existing word message plaque is editorial changes that the FHWA adopts in this final rule. A local DOT suggested retained as an alternate to the new 80 ‘‘Design and Evaluation of Selected Symbol symbol plaque and its sign designation Signs,’’ Final Report, May, 2008, conducted by including the option to install Type 2 reassigned as W16–10aP. ATSSA Bryan Katz, Gene Hawkins, Jason Kennedy, and supported the addition of the symbol Heather Rigdon Howard, for the Traffic Control 81 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ sign, while a State DOT, a local DOT, Devices Pooled Fund Study, can be viewed at the FHWA, December 2005, page 33, can be viewed at following Internet Web site: http:// the following Internet Web site: http:// and two NCUTCD members opposed the www.pooledfund.org/documents/TPF-5_065/ tcd.tamu.edu/documents/rwstc/Signs_Synthesis- symbol sign, primarily because they felt symbol_sign_report_final.pdf. Final_Dec2005.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66767

markers in the same manner; however the locations of these signs. In Section mandatory condition. The FHWA the FHWA disagrees because the 2D.30, the FHWA proposed to change disagrees because the change to mixed- approach end of a median island is in the sign placement distances in advance case alphabets is based directly on the the roadway, not adjacent to the of an intersection from STANDARD to outcome of a research study 82 that roadway, therefore only Type 1 and 3 GUIDANCE, to recommend, rather than demonstrated improved recognition of markers are appropriate. require, that the signs be installed at the familiar destinations on guide signs 160. In Section 2C.65 Object Markers distances stated therein. In Sections when displayed using mixed-case for Obstructions Adjacent to the 2D.31 and 2D.40, the FHWA proposed lettering. In this final rule the FHWA Roadway (Section 3C.03 of the 2003 to add new recommendations regarding revises the language in this section from MUTCD, Section 2L.03 of the NPA), as the distances between signs to provide what was proposed in the NPA to clarify proposed in the NPA, the FHWA adds consistency with the sign placement that the nominal loop height of the to the STANDARD statement to specify distances included in Section 2D.30. In lower-case letters shall be three-quarters that Type 1 and Type 4 object markers this final rule the FHWA adopts these the height of the initial upper-case shall not be used to mark obstructions changes as proposed in the NPA, in letter. The FHWA also adds clarifying adjacent to the roadway. The FHWA order to provide more flexibility for the language to help users of the MUTCD relocates the STANDARD statement placement of these various signs, determine the appropriate letter height from Section 2C.64 Object Markers for particularly as it relates to rural areas, when a mixed-case legend letter height Obstructions Within the Roadway to and to indicate that the dimensions is specified referring only to the initial Section 2C.65 Object Markers for shown on Figure 2D–7 are upper-case letter or when only to a Obstructions Adjacent to the Roadway, recommendations. lower-case letter is referred to. The because the STANDARD statement FHWA adopts this language in this final Discussion of Amendments Within applies to objects adjacent to the rule to address comments in several Chapter 2D—Specific roadway. In this final rule the FHWA sections of the NPA from various also revises the STANDARD statement 163. In Section 2D.04 Size of Signs, commenters suggesting that more to clarify the application of Type 3 the FHWA adds a requirement, as information was needed to determine object markers to the approach ends of proposed in the NPA, that the sizes of the appropriate letter heights for mixed- guardrail and other roadside conventional road guide signs that have case legends. appurtenances to address a comment standardized designs shall be as shown The FHWA also adds a STANDARD at from a State DOT suggesting the need to in Table 2D–1, except as noted in the end of this section in this final rule address the required size where the Section 2A.11. Although a local DOT to clarify that the distortion of unique ends of the guardrail or roadside supported this change, two State DOTs letter forms of the Standard Alphabet appurtenances are of a size other than and an NCUTCD member opposed this series is prohibited, and provides a 12 inches x 36 inches, for consistency change, suggesting that States needed to reference to the provisions in Section with existing STANDARD requirements have flexibility in sign size when the 2D.04 regarding the prescribed methods for Type 3 Object Markers. The FHWA need arises, and to exercise engineering to modify the length of a word for a adopts this clarification to provide for judgment, rather than needing to follow given letter height and series. Although the predominant practice by highway requirements at all times. The FHWA the referenced provisions exist in agencies. disagrees that signs with standard Section 2D.04 of the 2003 MUTCD, and 161. In Section 2C.66 Object Markers legends need not conform in overall size state that the letter designs shall be as for Ends of Roadways (Section 3C.04 of and believes that non-conformance to detailed in the ‘‘Standard Highway the 2003 MUTCD, Section 2L.04 of the the standard sign sizes results in smaller Signs’’ book, the FHWA has noticed that NPA), the FHWA adds a STANDARD letter sizes that cannot be read at with the advancement and use of statement as proposed in the NPA, to distances adequate to react to the electronic technologies for sign design require that if an object marker is used message. Signs listed in Table 2D–1 that and fabrication, such distortion of letter to mark the end of a roadway, a Type have legends that might vary in length forms to fit word legends on signs has 4 object marker shall be used. The are adequately addressed by the become increasingly prevalent. The FHWA adopts this change to provide footnote allowing for an appropriate FHWA believes that this distortion clarity that the Type 4 object marker is adjustment in size for an atypical sign. compromises legibility, and adds this the only type of object marker to be used The FHWA adopts the proposed specific requirement in this final rule as to mark the end of a roadway. language in this final rule. a reiteration of the existing provision. To address a comment from the 164. In Section 2D.05 Lettering Style, 165. In Section 2D.07 Amount of NCUTCD to place design information the FHWA proposed a requirement in Legend, the FHWA proposed in the for all types of object markers in the the NPA to use a combination of lower- NPA to revise the GUIDANCE statement same section, the FHWA relocates the case letters with initial upper-case to clarify that guide signs should be information regarding the design of the letters for names of places, streets, and limited to no more than three lines of Type 4 marker to Section 2C.63 in this highways on conventional road guide destinations and that action and final rule. signs. A transportation research distance information should be institute, a traffic engineering provided on guide signs in addition to Discussion of Amendments Within consultant, and a citizen all supported the destinations, where appropriate. Chapter 2D—General this requirement, while two State DOTs, ATSSA and an NCUTCD member 162. As proposed in the NPA, in a local DOT, and an NCUTCD member supported this change, whereas two Section 2D.30 Junction Assembly suggested that the use of a combination State DOTs suggested that the language (Section 2D.28 of the 2003 MUTCD), of lower-case letters with initial upper- allow for more flexibility, such as when Section 2D.31 Advance Route Turn case letters be a recommendation, and Assembly (Section 2D.29 of the 2003 that all upper-case letters be allowed as 82 Research on this topic is cited and discussed MUTCD), and Section 2D.40 Location of well. The commenters suggested that in ‘‘Highway Design Handbook for Older Drivers and Pedestrians,’’ FHWA Report no. FHWA–RD– Destination Signs (Section 2D.35 of the there is not enough convincing evidence 01–103, May 2001, which can be viewed at the 2003 MUTCD), the FHWA revises the to support making the change to upper- following Internet Web site: http://www.tfhrc.gov/ requirements and recommendations for case and lower-case letters as a humanfac/01103/coverfront.htm.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66768 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

a destination name occupies more than group related information. The FHWA circumstances that would justify placing one line, or at a location where four adopts these changes in order to the arrows at an angle, and that there is destinations are needed, such as a ramp incorporate information regarding a likely potential for inconsistent terminal. The FHWA disagrees with this pictographs in the MUTCD, to reflect application, an implication of a lane suggestion due to concerns about FHWA’s Official Interpretation number change, and an overall practice that is increasing the cognitive load imposed 2–646(I) 84 and to provide information not consistent with the use of upward- on a driver and adopts in this final rule on the maximum size of certain pointing arrows at similar locations. The the language as proposed in the NPA, pictographs so that they do not detract FHWA agrees with the commenters and with the addition of language to refer to from the primary legend of the signs. does not adopt this OPTION for exceptions noted elsewhere (such as in 166. In Section 2D.08 Arrows, the overhead signs in this final rule. Section 2D.37 Destination Signs), that FHWA proposed in the NPA to make The FHWA adopts the proposed provide information on how to several revisions to this section to OPTION statement to permit the use of accommodate four destinations where clarify the use and design of arrows on curved-stem arrows that represent the necessary. FHWA adopts this language guide signs. The first STANDARD intended driver paths to destinations to reduce confusion regarding the statement required that down arrows on involving left-turn movements on guide number of lines on a guide sign and to overhead signs shall always be vertical signs on approaches to roundabouts or address the results of recent NCHRP and positioned directly over the circular intersections. ATSSA and an research on driver information approximate center of the applicable NCUTCD member supported this new overload.83 lane. ATSSA and a local DOT supported OPTION. The FHWA clarifies through a In the NPA, the FHWA proposed to this language; however three State DOTs STANDARD that the use of a curved- revise the OPTION regarding the use of opposed it, stating that the location of stem arrow on any sign not associated pictographs on guide signs. Because the arrows on the sign should be with a circular intersection is information contained in this OPTION GUIDANCE, not a STANDARD prohibited, because such use would be provides general provisions and applies statement. The FHWA disagrees with confusing and is not the intended use of to all cases in which pictographs are the opposing commenters and retains this type of arrow. The FHWA adds this allowed, the FHWA relocates the the language in this final rule in order statement to clarify application of information to Chapter 2A in this final to reduce uncertainty and confusion by curved-stem arrows on guide signs. rule, as discussed previously in this providing positive guidance in sign In the NPA, the FHWA proposed preamble. legends. The FHWA also proposed to adding GUIDANCE and OPTION In the NPA, the FHWA proposed to add a requirement that no more than statements regarding the use of various add a STANDARD statement specifying one down arrow shall point to a lane on arrow types, including curved-stem and the maximum dimension of a a single overhead sign (or on multiple Types A through D arrows. ATSSA, a pictograph on a guide sign. The overhead signs on the same sign local DOT, and an NCUTCD member proposed language stated that a structure). ATSSA, a State DOT, and a supported including this information; pictograph shall not exceed the size of local DOT supported this requirement, however, one of the commenters felt the route shield on the guide sign, and while three State DOTs opposed it that the level of detail included in the that if the guide sign does not include because their States use multiple down GUIDANCE and the following OPTION a route shield, the maximum size of the arrows to point to a single lane. The was too much and that a reference to the pictograph shall not exceed two times FHWA believes that allowing one more SHSM book would suffice. Two State DOTs and another NCUTCD member the letter height of the destination arrow than the number of lanes present legend. ATSSA, a local DOT, and a toll suggested that some of the information creates conflicting information for the road operator supported this language. regarding specific arrow types be road user to process and that adopting A State DOT and two toll road operators deleted, or changed from a GUIDANCE this language will substantially increase suggested exempting ETC system to an OPTION, because their State was positive guidance and eliminate driver pictographs from adhering to the width using a different arrow type. The FHWA confusion and late lane changes, thereby dimension requirements, because ETC disagrees and adopts in this final rule improving highway safety. The FHWA pictographs are often rectangular, rather the statements as proposed in the NPA, adopts the language as proposed in the than square, in shape. Two toll road because the selection of the arrow type NPA in this final rule. operators suggested that there be no and placement are critical to the overall In the NPA, the FHWA proposed to limit on the size of ETC pictographs. appearance and legibility of the sign. A add an OPTION permitting the use of The FHWA understands that there is a local DOT supported the NPA language diagonal arrows pointing diagonally need for some flexibility with regard to recommending that the arrowheads for downward on overhead guide signs only ETC system pictographs because of their the Types A, B, and C directional arrows if each arrow is located directly over the unique designs and the critical should be 1.5 to 1.75 times the height center of the lane and only for the information conveyed by their use, of the largest letter on the sign, while a purpose of emphasizing a separation of unlike other pictographs that only State DOT opposed the revision because diverging roadways. ATSSA and a local complement and not replace an it felt that there was no value in associated word legend. As a result, the DOT supported this new OPTION, providing that information. The FHWA FHWA adopts specific provisions on the while one State DOT, an NCUTCD disagrees and adopts the size of ETC-system pictographs in member and a citizen opposed this use recommendation in the MUTCD because Chapter 2F. In addition, the FHWA of diagonally pointing arrows. The the GUIDANCE on arrow size ensures relocates specific provisions on commenters believe that the arrows are that the arrow is kept in relative pictographs to the relevant Sections unlikely to convey meaningful and proportion to the entire legend, where a pictograph is allowed to better consistent information to the driver, as preserving legibility. there are no guidelines identifying the 167. In Section 2D.11 Design of Route 83 NCHRP Report 488, ‘‘Additional Investigations Signs, the FHWA proposed in the NPA 84 on Driver Information Overload’’ 2006, page 65, can This official interpretation can be viewed at the to change paragraph 07 to a GUIDANCE be viewed at the following Internet Web site: following Internet Web site: http:// http://onlinepubs.trb.org/onlinepubs/nchrp/ mutcd.fhwa.dot.gov/resources/interpretations/ statement to recommend, rather than nchrp_rpt_488c.pdf. 2_646.htm. just allow, the use of a white square or

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66769

rectangle behind the Off-Interstate currently in use for this application are unique outline of the official route Business Route sign when it is used on not consistent across the country. Green marker should be used on guide signs a green guide sign. The FHWA proposed is the appropriate background color for and not the contrasting rectangular this change to enhance the conspicuity a directional guide sign, and the backplate for independent mounting in of the Off-Interstate Business Route sign FHWA’s intent is to preclude the a directional assembly. Rather than in this usage, since the green route sign incorrect use of auxiliary signs on green include this design-related information alone blends into the green guide sign guide signs. ATSSA and a local DOT in this section, in this final rule the background. ATSSA supported the supported the STANDARD language as FHWA relocates this information to proposed change; however, two State proposed in the NPA; however, an Section 2D.11, incorporating comments DOTs, two NCUTCD members, and a NCUTCD member suggested that the from an NCUTCD member to clarify the citizen opposed this change or proposal in the NPA was too restrictive, intent, providing a reference suggested modifications. Many of the because it implied that green accordingly in Section 2D.14. commenters suggested that if there is a backgrounds would be required for the 171. As proposed in the NPA, the problem with conspicuity of Off- signs. FHWA disagrees with the FHWA adds a new section numbered Interstate Business Route signs, then comment because the GUIDANCE and titled Section 2D.23 BEGIN they should be redesigned. The FHWA statement specifically addresses the Auxiliary Sign, containing OPTION, agrees with the commenters and does combination of route and auxiliary signs STANDARD, and GUIDANCE not adopt the proposed revision in this to form a guide sign as provided in the statements regarding the use of this new final rule, retaining the use of a white- preceding OPTION and the prescribed sign where a numbered route begins. square or rectangle as an option rather background color of a guide sign is The FHWA proposed this sign in the than as a recommendation. To address green. To address the specific concern NPA based on the Sign Synthesis concerns with conspicuity of the route raised by the NCUTCD member, the Study 85 that revealed that several States sign when used on a guide sign, the FHWA instead revises the STANDARD use an auxiliary BEGIN sign above the FHWA might consider modifications to statement in paragraph 06 in this final confirming route marker at the start of the sign to enhance its conspicuity in a rule to clarify that the intent is to apply a route to provide additional helpful future rulemaking and/or a revision to an auxiliary message directly to the sign information to road users. To address ‘‘Standard Highway Signs and background, rather than display it as an comments from the New York State Markings’’ book. auxiliary sign panel mounted to another DOT, the FHWA revises the language in Although not proposed in the NPA, sign when route signs and auxiliary this final rule to allow the use of the the FHWA relocates a paragraph from messages are used as legend BEGIN auxiliary sign in any route Section 2D.14 to this section regarding components on signs other than guide assembly, rather than just for numbered the use of U.S. or State Route signs as signs. Additionally, to provide routes as proposed in the NPA. components of guide signs. The FHWA consistency with Sections 2D.10 and 172. In Section 2D.26 Advance Turn adopts this change in this final rule to 2D.29 and clarification regarding Arrow Auxiliary Signs (Section 2D.28 of place similar information together in the independently mounted route sign the NPA), the FHWA adds a paragraph same location. assemblies, in this final rule the FHWA to the STANDARD statement and adds 168. In Section 2D.12 Design of Route also adds a GUIDANCE statement to a corresponding GUIDANCE to reflect Sign Auxiliaries, the FHWA in this final indicate that the background, legend, that the use of the curved-stem Advance rule revises paragraph 02 by deleting the and border of a route sign auxiliary Turn Arrow auxiliary (M5–3) sign on first sentence related to the size of should have the same colors as those of the approach to a circular intersection auxiliary signs carrying word messages the route sign with which the auxiliary would be appropriate when curved-stem and mounted with 30 inch x 24 inch is mounted in a route sign assembly. arrows are used on corresponding Interstate Route signs. Although not 169. In Section 2D.13 Junction regulatory lane-use signs, Destination proposed in the NPA, the FHWA deletes Auxiliary Sign, the FHWA revises this signs, and pavement markings. the sentence in this final rule to reflect STANDARD to clarify that placement of Although not proposed in the NPA, the the consistent practice of determining the Junction (M2–1) auxiliary sign above FHWA adds this information in this the size of the auxiliary sign based on a Cardinal Direction auxiliary sign final rule to provide consistency with the height of the route sign rather than where access is available only to one similar provisions in Section 2D.38 that its width, maintaining a consistent letter direction of the intersected route is one are also added in this final rule to height for the auxiliary message as it of the possible mounting locations. address a comment from a State DOT relates to the numeral height within the Although not proposed in the NPA, the suggesting if the curved-stem arrows are route sign. FHWA includes this revision in this used, they should be used consistently In the NPA, the FHWA proposed to final rule to clarify the existing for a particular destination or add a GUIDANCE statement and provision, which was overly restrictive movement. This language will ensure corresponding STANDARD statement to in that it required the display of consistent use of the curved-stem arrow, clarify that if a route sign and its misleading information to the road user when used. auxiliary signs are combined in a single in such situations. 173. The FHWA adds a new section sign, the background color of the sign 170. In Section 2D.14 Combination numbered and titled Section 2D.27 Lane should be green. Along with this Junction Sign, as proposed in the NPA, Designation Auxiliary Signs (numbered GUIDANCE, the FHWA proposed the FHWA deletes the second paragraph Section 2D.33 in the NPA). In the NPA, adding a corresponding STANDARD of the OPTION statement that permitted the proposed section contained an that on such a sign the auxiliary the use of other designs to accommodate OPTION statement regarding the use of messages shall be white legends placed State and county route signs, implying these optional signs that may be used as directly on the green background and that the basic requirements for the sign, a method to tell road users which lane that auxiliary signs shall not be such as legend and background colors, mounted directly to a guide sign. The were appropriate. In concert with this 85 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ FHWA proposed these changes to change, in the NPA the FHWA proposed FHWA, December 2005, page 52, can be viewed at the following Internet Web site: http:// provide consistency for background to revise the first paragraph of the tcd.tamu.edu/documents/rwstc/Signs_Synthesis- colors, because the background colors GUIDANCE to clarify that only the Final_Dec2005.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66770 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

to use to access a particular numbered conflict with Section 2D.22, as flexibility in the sign design elements. route and direction. In this final rule, suggested by a State DOT. In this final In this final rule, the FHWA also adds the FHWA adds a STANDARD rule the FHWA also revises the language that the Combination Lane Use/ statement to clarify that these Lane of Item C (numbered Item D(1) in the Destination (D15–1) overhead guide sign Designation auxiliary signs shall be 2003 MUTCD) of the STANDARD shall be used only where the designated used only where the designated lane is statement to clarify the application of lane is a mandatory movement lane (as a mandatory movement lane, due to Directional assemblies where the illustrated in the corresponding figure), road user confusion exhibited when intersected route is designated on both and shall not be used for lanes with such a message is used at locations legs of the crossroad and adds a new optional movements, because such use where a lane is not a mandatory item D to clarify the use of Directional would not be possible given the design movement lane, causing unnecessary assemblies where the intersected route criteria and would present a confusing lane changes. The FHWA adopts these is designated only on one of the legs. message to road users. The FHWA notes new signs based on the results of the Although not proposed in the NPA, the that this sign is optional and adopts a Sign Synthesis Study,86 which found FHWA adds this information to reduce uniform design for this type of sign, to that at least seven States use M6 the possibility of conflicting information provide consistency for road users. auxiliary signs stating ‘‘Left Lane,’’ being displayed to road users. 177. Although not proposed in the ‘‘Center Lane,’’ or ‘‘Right Lane’’ below 176. The FHWA adds a new section NPA, in Section 2D.34 Confirming or route signs in route sign assemblies. numbered and titled Section 2D.33 Reassurance Assemblies (Section 2D.31 This can be an effective, economical Combination Lane Use/Destination of the 2003 MUTCD), the FHWA adds alternative to one or more guide signs in Overhead Guide Sign (Section 2D.35 in to the STANDARD statement that where certain situations. The FHWA also adds the NPA). In the NPA the FHWA the Confirming or Reassurance assembly an additional illustration in Figure 2D– proposed OPTION and GUIDANCE is for an alternative route, the 5 to illustrate the use of these auxiliary statements, as well as a figure, appropriate auxiliary sign for an signs. describing the use of these optional alternative route shall also be included 174. In Section 2D.28 Directional signs for dedicated lanes at complex in the assembly. Though not explicitly Arrow Auxiliary Signs (Section 2D.26 of intersection approaches involving stated, this method is the only way in the 2003 MUTCD), the FHWA proposed multiple turn lanes and destinations. which to provide a correct message to a in the NPA to add a STANDARD The FHWA proposed this new section, road user. The FHWA adds this statement indicating that a Directional and the associated signs, based on the requirement in this final rule to be Arrow auxiliary sign that displays a Sign Synthesis Study.87 At complex consistent with the existing provisions double-headed arrow shall not be intersections involving multiple turn of Section 2D.16. 178. In Section 2D.35 Trailblazer mounted below a route sign in advance lanes, multiple destinations, service Assembly (Section 2D.32 of the 2003 of or at a circular intersection. The roads, and/or various constraints often MUTCD), the FHWA adds to the FHWA proposed this change to found in urban areas that can limit the STANDARD statement that where the eliminate any possible confusion that ability to use a series of advance signs, Trailblazer assembly is for an alternative would be created by the use of this sign many States have found it necessary to route, the appropriate auxiliary sign for in the proximity of a circular combine regulatory lane use information an alternative route shall also be intersection, where direct left turns are with destination information onto a included in the assembly. Although not not allowed. The NCUTCD and a traffic single guide sign or sign assembly, engineering consultant supported this proposed in the NPA, the FHWA adds especially to assist unfamiliar drivers in revision. To further clarify the language, this requirement in this final rule to be determining which lane or lanes to use in this final rule the FHWA adopts consistent with the existing provisions for a particular destination. However, language to indicate that a Directional of Section 2D.16 and with the adopted there is no consistency or uniformity in Arrow auxiliary sign that displays a changes in Section 2D.34. the colors used, the sign design layouts, double-headed arrow shall not be In the NPA, the FHWA proposed to or other aspects of these signs. A State mounted in a directional assembly in add a GUIDANCE statement to DOT and a citizen supported this new advance of or at a circular intersection. recommend that if shields or other Although not proposed in the NPA, section, while two other State DOTs and similar signs are used to provide route the FHWA adds an OPTION and a local DOT opposed the proposed guidance in following an auto tour corresponding STANDARD to describe language. One of the commenters felt route, they should be designed in the optional use of the downward that the Combination Lane Use/ accordance with the sizes and other pointing diagonal arrow auxiliary (M6– Destination (D15–1) overhead guide sign design principles for route signs, such 2a) sign. The FHWA adds this language is too large for retrofitting on span as those described in Sections 2D.10 in this final rule for consistency with wires, and suggested a smaller sign. The through 2D.12. Although a local DOT provisions adopted in Section 2D.46 FHWA disagrees with the commenters’ and an NCUTCD member supported this Freeway Entrance signs. proposed smaller sign, because it would language, another NCUTCD member 175. In Section 2D.32 Directional be too small for viewing at a distance. suggested that this information is better Assembly (2D.34 in the NPA), the The FHWA revises the proposed suited for Section 2H.07 Auto Tour FHWA deletes the requirement that the GUIDANCE statement regarding the Route Signs. The FHWA agrees and in end of a route shall be marked by a design of the sign to a STANDARD in this final rule adopts and relocates this Directional assembly with an END this final rule, to preclude conflict with recommendation to Section 2H.07. auxiliary sign. Although not proposed other provisions for the design of guide 179. In Section 2D.36 Destination and in the NPA, the FHWA adopts this signs and because the basic principles of Distance Signs (Section 2D.33 of the change in this final rule to remove a guide sign design do not provide for 2003 MUTCD), the FHWA clarifies the GUIDANCE statement to recommend a 86 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ 87 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ minimum height of a Route shield when FHWA, December 2005, page 53, can be viewed at FHWA, December 2005, pages 45–46, can be used on Destination signs should be at the following Internet Web site: http:// viewed at the following Internet Web site: http:// tcd.tamu.edu/documents/rwstc/Signs_Synthesis- tcd.tamu.edu/documents/rwstc/Signs_Synthesis- least two times the height of the upper- Final_Dec2005.pdf. Final_Dec2005.pdf. case letters of the principal legend and

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66771

not less than 18 inches. Although not Study,88 which showed that several State DOTs, three local DOTs, a proposed in the NPA, the FHWA adopts agencies incorporate route shields into transportation research institute, and a this change, as suggested by two State Street Name signs on streets that are traffic engineering consultant opposed DOTs, in this final rule to provide part of a U.S., State, or county the revision and two State DOTs consistency with existing related numbered route. Typically, route sign suggested that the pictograph should be provisions in Chapters 2D and 2E. assemblies are only provided on allowed to be positioned to either the 180. The FHWA adds a new section intersecting roads that are also left or the right of the street name. The numbered and titled Section 2D.38 numbered routes, and on some very commenters cited the cost of replacing Destination Signs at Circular major unnumbered streets within cities. the signs and lack of research regarding Intersections (Section 2D.40 in the Including a route shield within the the proposed change in pictograph Street Name sign provides additional NPA). In the NPA the proposed section location as their reasons for opposing information for traffic on the cross contained STANDARD, OPTION, and the change. The FHWA agrees and does streets that intersect the numbered SUPPORT statements, as well as figures, not adopt the proposal in this final rule, route. retaining the placement of the regarding the use of destination signs at As proposed in the NPA, the FHWA circular intersections. In particular, the pictograph to the left of the street name, adopts in this final rule a STANDARD consistent with the 2003 MUTCD. Two Section included information regarding requiring lettering for names of streets Exit destination signs, and associated State DOTs opposed using pictographs and highways on Street Name signs to on Street Name signs; however, the arrows and diagrammatic signs for composed of a combination of lower- roundabouts. The NCUTCD and one of FHWA allows their use based on the case letters with initial upper-case existing provisions of the 2003 MUTCD. its members, a State DOT, a local DOT, letters. This requirement is consistent In the NPA, the FHWA proposed and a traffic engineering consultant with the requirements adopted in adding new OPTION, STANDARD, and supported this section. The State DOT Section 2A.13. As described above in GUIDANCE statements regarding the suggested that the difference between the discussion of Section 2A.13 use of alternative background colors for the arrows used on the junction comments, several State and local DOTs Street Name signs where a highway assembly and the destination signs may opposed this requirement, while ATSSA agency determines that this is necessary be confusing. To address this comment and a citizen supported this to assist road users in determining and reflect the use of the optional requirement. As proposed in the NPA, jurisdictional orientation for roads. The curved-stem arrow on destination signs, the FHWA adopts in this final rule the FHWA adds a GUIDANCE statement revisions to paragraphs 04 through 07 to FHWA proposed these new statements in this final rule recommending that if clarify the letter heights for Street Name because, even though the background they are used, they should also be used signs, based on the adopted use of color for guide signs in general is on corresponding regulatory lane-use mixed-case letters. These letter heights specified as green, the MUTCD has signs, Directional assemblies, and are based on the legibility index of 1 contained a GUIDANCE statement that pavement markings for a particular inch of letter height for 30 feet of the background color ‘‘should’’ be green destination or movement. The FHWA viewing distance as discussed above in and the text has not explicitly limited adds this information in this final rule the General amendments to the MUTCD. the alternate colors for Street Name sign to facilitate consistent use of the While the requirement for the format backgrounds, and as a result, there is optional curved-stem arrow, when used. and display of lettering is changed, the wide variation in practice among jurisdictions. Sometimes inappropriate The FHWA also adds a STANDARD letter heights are unchanged from the colors are being used that are reserved statement in this final rule prohibiting 2003 MUTCD. ATSSA and several local for other traffic control device messages, diagrammatic signs for circular DOTs supported this language, while or the colors used have poor contrast intersections from depicting the number other State and local DOTs opposed the ratio between legend and background. of lanes within the intersection language because they felt the letters In the NPA, the FHWA proposed that circulatory roadway, or on its were too large. The FHWA notes that the only acceptable alternative approaches or exits. Although not the letter heights are based on the background colors for Street Name (D3– proposed in the NPA, the FHWA adds legibility distance for older drivers and 1 or D3–1a) signs are blue, brown, or this statement in this final rule to reflect that agencies may use narrower letter black. To address a comment from the provisions illustrated in the series for longer names and use reduced ATSSA, a State DOT, and a traffic accompanying figures and to provide letter heights for auxiliary destinations control device vendor, the FHWA clarification due to the restoration in (such as ‘‘Pkwy’’) to manage sign sizes. eliminates the reference to black this final rule in Chapter 2E of the In the NPA, the FHWA proposed to backgrounds in this final rule, because provisions for freeway and expressway revise paragraph 13 to recommend that as a non-retroreflective background diagrammatic signs (proposed for a pictograph used on a Street Name sign color, it is not as visible at night, deletion in the NPA), on which the to identify a governmental jurisdiction especially to older drivers. ATSSA number of lanes is depicted. or other government-approved institution should be positioned to the suggested that blue and brown not be 181. In Section 2D.43 Street Name right, rather than the left, of the street allowed as background colors, because Signs (Section 2D.38 of the 2003 name. The FHWA proposed this change no minimum maintained levels of MUTCD), the FHWA proposed in the because the name of the street is the retroreflectivity have been established NPA to add a new OPTION statement to primary message on the sign and the for these colors. The FHWA disagrees allow the use of a route shield on Street pictograph is secondary, and the and allows the use of blue and brown Name signs to assist road users who primary message should be read first by backgrounds, as these colors are might not otherwise be able to associate being on the left. The NCUTCD, two currently allowed for certain classes of the name of the street with the route guide signs and the FHWA anticipates number. Two State DOTs supported this 88 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ that a future rulemaking process will new language. The FHWA adopts the FHWA, December 2005, page 47, can be viewed at propose the establishment of minimum OPTION for the use of these signs based the following Internet Web site: http:// tcd.tamu.edu/documents/rwstc/Signs_Synthesis- maintained retroreflectivity levels for on the results of the Sign Synthesis Final_Dec2005.pdf. these colors. The FHWA adds the color

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66772 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

white as a permissible background color Name plaque. A State DOT and two optional sign is critical to deterring when used with a black legend in this local DOTs supported this text; wrong-way movements at freeway final rule. The FHWA adopts these however, the State DOT suggested that entrance ramps and assisting road users revisions in this final rule to address the language and figure illustrating the in safely making any lane changes comments from four State DOTs, four full assembly should be in Chapter 2C. needed to enter the freeway in the local DOTs, and a citizen that more The FHWA deletes this information correct direction. flexibility in Street Name sign from this Section in this final rule, as 185. In the NPA, the FHWA proposed backgrounds is needed. The FHWA also the same information is provided in to relocate the information from Section adopts the OPTION that the border may Chapter 2C. Instead, the FHWA adds a 2E.50 of the 2003 MUTCD to Chapter 2D be omitted on Street Name signs, as SUPPORT statement providing the as a new section numbered and titled proposed in the NPA. A local DOT appropriate reference to Section 2C.58. Section 2D.46 Freeway Entrance Signs. supported this change, while another 184. As proposed in the NPA, the A local DOT supported this change. The local DOT felt that the border helps FHWA relocates the information from FHWA adopts this change in this final recognition and legibility. The language Section 2E.49 of the 2003 MUTCD to rule so that all guide signing on in the 2003 MUTCD Edition of this Chapter 2D as a new section numbered conventional roads at and in advance of section implies, but does not and titled Section 2D.45 Signing on interchanges with freeways is located in specifically state, that the border may be Conventional Roads on Approaches to the same chapter of the Manual. omitted. The FHWA believes that the Interchanges. The FHWA adopts this Although not proposed in the NPA, in practice of eliminating the border on proposed change in this final rule this final rule the FHWA adds two Street Name signs can minimize the because the information in this section, paragraphs to the OPTION statement to crowding of the legend resulting from and the associated figures, are about describe the permitted use of alternate reduced edge spacing and that the guide signing on conventional road legends, such as PARKWAY, in place of recognition of the sign under nighttime approaches to a freeway, rather than FREEWAY and the optional use of conditions is accomplished primarily by signing on the freeway itself. Directional assemblies at the corner of the combination of the contrasting In the relocated section, the FHWA an intersection with a freeway or background color and legend color of also proposed to add a STANDARD expressway entrance ramp. The FHWA the signs and their typical and expected statement to require, rather than merely adopts these paragraphs to provide placement at intersections. As part of recommend, that on multi-lane consistency with provisions in Sections the revision in this final rule that allows conventional road approaches to a 2D.28 and 2D.32 and flexibility in the use of the color white as an freeway interchange, guide signs shall signing the immediate point of entry to alternative background color on Street be provided to identify which direction a freeway or expressway to discourage Name signs, the FHWA adds to the of turn is to be made for ramp access wrong-way entries on adjacent exit STANDARD that the legend (and and/or which specific lane to use to ramps at the same intersection. border, if used) shall be black, for enter each direction of the freeway. This 186. In Section 2D.47 Parking Area consistency with other provisions information is critical for drivers on a Guide Sign (Section 2D.40 of the 2003 regarding sign legends. multi-lane approach to an interchange MUTCD) the FHWA proposed in the 182. In the NPA the FHWA proposed because it allows drivers to choose the NPA to add a new sign to be an to add a new table numbered and titled, proper lane in advance and reduces the alternative to the Parking Area ‘‘Table 2D–2 Recommended Minimum need to make last-second lane changes directional sign. This sign incorporated Letter Heights on Street Name Signs’’ close to the entrance ramp. ATSSA and a white letter P in a blue circle symbol that contains information regarding the a local DOT supported this change. A at the top of the sign. Although the letter sizes to be used on Street Name State DOT and an NCUTCD member proposed sign was consistent with the signs based on the mounting type, road suggested that the language be retained widespread use of the blue background classification, and speed limit. A State as a recommendation, rather than a and white P as a parking wayfinding DOT and two local DOTs opposed the requirement. The FHWA adopts this symbol throughout Europe and at many new table, either providing comments statement as a STANDARD because the airports and institutional sites in the on the specific letter heights or FHWA believes that the GUIDANCE United States, and was supported by suggesting it be deleted in its entirety. statements in the 2003 MUTCD are not MISA and an NCUTCD member, the The comments were commensurate with strong enough for this very important NCUTCD opposed the use of the color those related to larger letter heights and/ need and that this signing needs to be blue, because they were concerned that or the use of mixed-case legends, which mandatory. To address comments from it would be confused with ‘‘police’’ are discussed elsewhere. The FHWA the NCUTCD and three local DOTs, in signs. Because of this potential adopts Table 2D–2 in this final rule, this final rule the FHWA adds a inconsistency, FHWA does not adopt reflecting existing and adopted SUPPORT statement referring to this proposal in this final rule. provisions in the text of Section 2D.43 existing figures in which overhead signs 187. As proposed in the NPA, the and providing additional clarification for this purpose are illustrated. FHWA relocates Sections 2D.42 Rest by distinguishing between letter heights Although not proposed in the NPA, Area Signs, 2D.43 Scenic Area Signs, for the name of the street and for any the FHWA adds SUPPORT and and 2D.45 General Service Signs of the supplemental lettering or auxiliary STANDARD at the end of the section to 2003 MUTCD to a new chapter titled designations, such as ‘‘Ave’’ and ‘‘St,’’ describe the appropriate optional use of Chapter 2I General Service Signs, in consistent with the OPTION in Section Advance Entrance Direction order to combine information regarding 2D.43. diagrammatic guide signs. The FHWA similar type signs in to one chapter of 183. In Section 2D.44 Advance Street adds this information in response to a the Manual. The FHWA received no Name Signs (Section 2D.39 of the 2003 comment from a State DOT substantive comments on this proposal. MUTCD), the FHWA proposed in the recommending that consistency in 188. As proposed in the NPA, the NPA to add a GUIDANCE statement at signing of freeway entrance ramps in FHWA relocates Sections 2D.46 the end of the section recommending proximity to the intersection of a Reference Location Signs and the order in which street names should frontage roadway is needed. The FHWA Intermediate Reference Location Signs, be displayed on an Advance Street agrees that consistency in use of this 2D.47 Traffic Signal Speed Sign, 2D.48

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66773

General Information Signs, the first four wayfinding signs are not appropriate for In this final rule the FHWA revises paragraphs of 2D.49 Signing of Named freeways and expressways due to the the adopted language to clarify that Highways, and 2D.50 Trail Signs of the cognitive overload of information that color-coding of community wayfinding 2003 MUTCD to a new chapter titled can be displayed on this type of sign. To is an option, rather than a requirement, Chapter 2H General Information Signs. address these comments, the FHWA as implied in the NPA, and that only The FHWA received no substantive changes the proposed statement to a one boundary sign is used at each comments on this proposal. STANDARD in this final rule to clarify boundary crossing. 189. The FHWA adds a new section that community wayfinding guide signs Although not proposed in the NPA, numbered and titled Section 2D.50 shall be limited to conventional roads the FHWA adds information regarding Community Wayfinding Signs and not installed on freeway or the use of pictographs of the (numbered Section 2D.52 in the NPA). expressway mainlines or ramps. For identification enhancement marker to Although the FHWA proposed adding similar reasons, the FHWA also adds to paragraph 15, since many jurisdictions this section in the NPA, in this final rule the STANDARD that community use pictographs and need regulations the FHWA reorganizes and revises its wayfinding guide signs shall not be regarding their use. As part of this content to reflect comments from overhead-mounted. These changes are STANDARD, the FHWA expands the ATSSA, six State DOTs, two local consistent with the experience gained in language adopted in this final rule to DOTs, a research institute, and two official experimentations that FHWA provide additional detail about the citizens. The general comments about has approved to date, on which the placement of color coded panels on the this new section included both support MUTCD provisions are based, and face of informational guide signs. for the NPA proposal as written or with which have only included conventional As proposed in the NPA, the FHWA minor changes and opposition to roads and post-mounted signs. adopts a prohibition on the use of red, orange, and yellow as background colors community wayfinding signs in general. The FHWA adds a GUIDANCE on wayfinding signs. In addition, FHWA Commenters expressed concerns that statement in this final rule also prohibits the use of fluorescent the NPA proposal was too restrictive or recommending that if used, a yellow-green and fluorescent pink as that it was not detailed enough. Some community wayfinding guide sign background colors for community commenters suggested that the system should be established on a local, wayfinding signs in this final rule to be information was so exhaustive that it municipal, or equivalent jurisdictional consistent with existing MUTCD justified a separate rulemaking activity level or for an urbanized area of provisions that reserve these colors for or that community wayfinding signs adjoining municipalities, or equivalent, need not be governed by the MUTCD. critical Non-Vehicular Warning signs that form an identifiable geographic The FHWA adopts this new section and for incident management signs. entity conducive to a cohesive and with SUPPORT, STANDARD, Additionally, as proposed in the NPA continuous system of signs. The FHWA GUIDANCE, and OPTION statements, as the FHWA adds a GUIDANCE statement adopts this recommendation because well as new figures illustrating typical recommending that community community wayfinding guide signs are usage, to provide practitioners with wayfinding guide signs be rectangular in not appropriate for use on a regional or information regarding the use of shape to prevent unusual shapes of statewide basis where infrequent or community wayfinding guide signs to wayfinding signs. The FHWA notes that sparse placement does not contribute to direct tourists and other road users to only the identification enhancement a continuous or coordinated system of key civic, cultural, visitor, and marker may form a non-rectangular recreational attractions and other signing that is readily identifiable as shape. destinations within a city or a local such to the road user. In such cases, In the NPA, the FHWA proposed to urbanized or downtown area. existing MUTCD provisions indicate allow the use of white or black The FHWA notes that many of the that Destination or other guide signs horizontal lines to separate destinations cities currently using community should be used to direct road users to from each other. In this final rule, the wayfinding signs are using different an identifiable area. FHWA adopts more flexibility to the colors, design layouts, fonts, and Although not proposed in the NPA, color of the separator line by allowing arrows, and many of these signs are not the FHWA adds SUPPORT and it to be of a contrasting color that meets well designed to properly serve road corresponding GUIDANCE statements to the minimum contrast requirements, users. The FHWA believes that clarify that the provisions contained in rather than limiting it to just black or providing criteria for community this section apply to vehicular white. As part of this change, the FHWA wayfinding guide signing is important community wayfinding guide signs, not changes the use of this horizontal to address issues of legibility, pedestrian wayfinding guide signs, and separator line from an OPTION to a placement, and excessive amounts of to provide recommendations regarding GUIDANCE to encourage the use of the information displayed, and because of the placement of pedestrian wayfinding line to separate between groups of the extreme lack of uniformity among signs. The FHWA adopts these destinations by direction, consistent and proliferation of such signs. Many of statements in this final rule because with the GUIDANCE provisions for a the non-conforming installations have many jurisdictions use pedestrian multi-line destination sign elsewhere in occurred without official wayfinding guide signs, and it is Chapter 2D. experimentation as required by Section important that they not be confused In this final rule the FHWA adopts 1A.10. The following paragraphs in this with signing for vehicles because of the revised fifth STANDARDS in item describe the significant differences high potential for vehicles to reduce paragraphs 27 through 30 to provide between the proposed language in the speed or stop unexpectedly to read signs more specificity as to the height, NPA and the language adopted in this that are not adequately sized for spacing, and style, of lettering on final rule. roadway applications and the potential community wayfinding guide signs than In the NPA, the FHWA proposed to direct a motorist the wrong way on was proposed in the NPA, consistent recommending in a GUIDANCE a one-way street when the message is with official experimentations approved statement that wayfinding signs be used actually intended only for pedestrians to date and with other changes adopted only on conventional roads. Various or other users of a sidewalk or roadside in Chapter 2D for general provisions for agencies commented that community area. guide signs.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66774 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

The FHWA also clarifies the than guide signs. The FHWA disagrees FHWA relocates the provisions related STANDARD in paragraph 32 of this (see discussion under Chapter 2B above) to pictographs to the specific sections of final rule so that the provision allowing and adopts these signs as guide signs, as the Manual to which they apply in this the use of Internet and e-mail addresses proposed in the NPA. The FHWA also final rule, the provisions of which are applies to bicyclists that are stopped or adds a new Figure 2D–21 to illustrate based on Official Ruling No. 2–646(I) 90. parked out of the traffic flow, since these signs. Further, to address the comments, the bicyclists in the flow of traffic have the Discussion of Amendments Within FHWA provides an exception and same legibility and comprehension Chapter 2E—General further guidance on the size of issues as other vehicle operators. This pictographs for electronic toll collection change also is consistent with existing 191. Although not proposed in the systems whose display does not and adopted provisions in Section NPA, the FHWA revises the terminology accompany a duplicate word message 2A.06. to separate ‘‘Overhead Arrow-per-Lane’’ and relocates the statement to Section Because arrows on existing guide signs from traditional 2F.04. wayfinding signs are often not ‘‘diagrammatic’’ guide signs to better 194. In Section 2E.11 (Section 2E.10 appropriately located, the FHWA describe the type of guide sign being in the 2003 MUTCD) Number of Signs revises the language in this final rule to used. The NCUTCD, a State DOT, a toll at an Overhead Installation and Sign require, rather than recommend, arrow road operator, and a toll road operator Spreading, a State DOT recommended location and priority order of association recommended the change modifying the existing GUIDANCE to destinations, as well as arrow designs to and the FHWA agrees. The FHWA place an Advance Guide sign on the follow specific provisions in the makes this same terminology change overcrossing structure when the MUTCD. This change is consistent with wherever it appears throughout the crossroad goes over the mainline. official experimentations that have been MUTCD. Although this was not proposed in the approved to date and eliminates a Discussion of Amendments Within NPA, the FHWA agrees that added conflict with general provisions for Chapter 2E—Specific flexibility is needed by highway guide signs in Chapters 2D and 2E. agencies and adopts in this final rule an 192. As proposed in the NPA, the Finally, the FHWA adds a GUIDANCE expanded paragraph 04 to also in paragraph 42 at the end of the section FHWA adopts in this final rule a new section, numbered and titled Section recommend placing the Advance Guide to clarify that the area of the sign directly in front of the overcrossing identification enhancement marker shall 2E.09 Signing of Named Highways, with a SUPPORT statement to refer to new structure on an independent support as not exceed one-fifth of the area of the an alternative to placing the sign community wayfinding guide sign with Sections 2D.53 and 2M.10 where appropriate information is provided directly on the overcrossing structure. which it is mounted in the same sign 195. In Section 2E.14 (Section 2E.13 about the use of highway names on assembly. This revision is consistent in the 2003 MUTCD) Size and Style of signing of unnumbered highways and with experimentation experience with Letters and Signs, the FHWA proposed memorial signing of routes, bridges, or this type of sign and provides in the NPA a new STANDARD which highway components. consistency with general guide sign requires freeway and expressway guide design principles and assures that the 193. In Section 2E.10 (Section 2E.09 in the 2003 MUTCD) Amount of Legend signs that have standardized designs to non-critical enhancement message does match the sizes shown in Table 2E–1, not overpower the more important on Guide Signs, the FHWA proposed in the NPA to revise the GUIDANCE except as noted in Section 2A.11. A destination messages. State DOT and an NCUTCD member The FHWA adopts this section to statement to state that sign legends opposed the change because it prohibits provide a uniform set of provisions for should not exceed three lines of copy, the use of at least one of the State DOT’s the designs and locations of these signs including route numbers and exit standard sizes for guide signs. The based on accepted sign design instructions. The NCUTCD, four State FHWA disagrees because standard signs principles, to achieve consistency for DOTs, a toll agency, and an NCUTCD road users. member opposed the use of the word will, by virtue of a standard design, 190. As proposed in the NPA, the ‘‘including’’ that was proposed in the have predictable dimensions. The FHWA adopts in this final rule two new NPA. The FHWA agrees that this was an FHWA adopts this section in this final sections numbered and titled Section inadvertent error and replaces the word rule as proposed in the NPA. The 2D.51 Truck, Passing, or Climbing Lane ‘‘including’’ with ‘‘excluding’’ in the FHWA also removes the sentence in Signs, and Section 2D.52 Slow Vehicle section adopted in this final rule, which GUIDANCE paragraph 08 regarding loop Turn-Out Sign. The FHWA adopts is consistent with the provisions of height of lower-case letters and adds a Section 2D.51 to be consistent with the Section 2D.07. The GUIDANCE comparable sentence in STANDARD elimination of regulatory truck lane statement now states that sign legends paragraph 04 for consistency with signs from Section 2B.39 (Section 2B.32 should not exceed three lines of copy, requirements adopted in Section 2D.05 of the 2003 MUTCD). These types of excluding route numbers and exit and to eliminate the conflict between signs convey guidance information, instructions. sections 2A.13 and 2D.05. rather than regulation. The FHWA adds In the NPA, the FHWA proposed new 196. In Table 2E–1 Freeway or Section 2D.52 based on the results of the OPTION and STANDARD statements Expressway Guide Sign and Plaque Sign Synthesis Study,89 which found regarding the use and maximum Sizes, the FHWA proposed in the NPA that these signs are being used by a dimensions of pictographs on freeway minimum sizes for a variety of guide number of States. A State DOT and expressway signs. The NCUTCD, signs and plaques. Based on comments suggested that the Slow Vehicle Turn- two State DOTs, and a toll agency from two State DOTs, the FHWA in this Out signs should be regulatory, rather agreed with the use of pictographs final rule does not adopt the proposed ATSSA agreed with the proposed entries for the Interchange Advance and 89 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ maximum dimensions, while two State 90 FHWA, December 2005, page 46, can be viewed at DOTs and three toll road operators This Official Interpretation can be viewed at the following Internet Web site: http:// the following Internet Web site: http:// tcd.tamu.edu/documents/rwstc/Signs_Synthesis- opposed the restrictions on the mutcd.fhwa.dot.gov/resources/interpretations/pdf/ Final_Dec2005.pdf. dimensions of the pictograph. The 2_646.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66775

Exit Direction signs because, due to the rule are described in the following (now called the Overhead Arrow-per- variation in the amount, size, and length paragraphs. Lane sign) for multi-lane exits that have of allowable legends, the sizes will vary The FHWA proposed a new an optional exit lane that also carries the and it is not practical to standardize this STANDARD in the NPA requiring down through road, and for splits that include information in the table. The FHWA arrows on overhead signs to be an optional lane. Several State DOTs notes further that the information will positioned approximately over the expressed a concern that the proposed be covered as standardized guide sign center of the lane. The NCUTCD, four requirements were not practical in layout in the ‘‘Standard Highway Signs State DOTs, a toll road operator, a city, urban areas with closely spaced and Markings’’ book. and a toll road operators association interchanges. The FHWA agrees and as The FHWA received an anonymous opposed the proposed requirements and a result adopts new and revised sections comment that the information about the recommended that the statements be in this final rule to address provisions use of fractions on guide signs is GUIDANCE or OPTION. The FHWA related to interchange signing with contradictory and does not provide disagrees and notes that non-conforming optional exit lanes. The resulting highway agencies with sufficient criteria designs have been ineffectively for proper use, resulting in reduced employed in field applications, which sections are: Section 2E.20 Signing for legibility of sign messages. The FHWA demonstrates the need for the Splits and Multi-Lane Exits with an agrees and clarifies criteria for the requirement. The FHWA adopts the new Option Lane, Section 2E.21 Design of proper display of fractions on guide STANDARD in this final rule with Overhead Arrow-Per-Lane Guide Signs, signs in this final rule and places this editorial revisions to further clarify the Section 2E.22 Design of Freeway and information in Section 2A.13 (see new provision. Expressway Diagrammatic Guide Signs, discussion above under that section). The FHWA also proposed a new and Section 2E.23 Signing for 197. In Section 2E.17 (Section 2E.16 STANDARD to explicitly prohibit the Intermediate and Minor Interchange in the 2003 MUTCD) Abbreviations, the use of more than one down arrow on an Multi-Lane Exits with an Option Lane. FHWA adopts new GUIDANCE as overhead sign structure pointing to the These sections are discussed in the proposed in the NPA, which states that same lane. Four State DOTs opposed the following items. periods, apostrophes, question marks, change and recommended allowing 200. Section 2E.20 Signing for Option ampersands, or other punctuation or more flexibility in the application of the Lanes at Splits and Multi-Lane Exits, as characters that are not letter or numerals down arrows where an option lane is adopted in this final rule, contains should not be used on signs. A State present. The FHWA disagrees with SUPPORT, STANDARD, and DOT agreed with the change. Another these comments because there had not GUIDANCE statements regarding State DOT opposed the restriction of been a provision in the MUTCD signing for freeway and expressway ampersands because they are a way to allowing such use and because this splits or multi-lane exit interchanges shorten messages and reduce the cost of practice has been demonstrated to cause where an interior option lane serves two signs. As previously discussed in uncertainty to motorists on the movements in which traffic can either Section 2A.13, the FHWA disagrees and approach to a decision point when the leave the route or remain on the route, notes that ampersands are frequently number of arrows displayed is greater confused with the numeral ‘‘8’’ and are than the number of lanes present. The or choose either destination at a split, less conspicuous than the use of the Overhead Arrow-per-Lane signs adopted from the same lane. The FHWA is word ‘‘AND.’’ in Section 2E.21 have been shown to be adopting this separate section in this Although not proposed in the NPA, a clearer, positive method of conveying final rule to provide an overview of the the FHWA adopts in the first lane use where an option lane is present types of signing to be used for GUIDANCE statement a at a decision point. Therefore, the interchanges with optional lanes. The recommendation that longer commonly FHWA adopts this new STANDARD in NPA would have required Overhead used words that are not a part of a this final rule. Based on a comment Arrow-per-Lane signs for all locations proper name and are readily from a State DOT, the FHWA provides with an interior option lane. The recognizable should be abbreviated, to a reference to the appropriate provisions adopted Section 2E.20 distinguishes reduce the amount of information for addressing the geometric conditions that there are two types of signs, displayed on the sign and expedite of an option lane. ‘‘Overhead Arrow-per-Lane’’ signs and recognition and processing time. The In the NPA, the FWHA proposed the ‘‘Diagrammatic’’ signs, and provides the FHWA also adds a new GUIDANCE OPTION of using a directional arrow to general provisions that apply to the statement that a solidus is reserved for point diagonally downward to three Sections that follow, all of which fractions only and should not be used to emphasize the departure of diverging provide for more flexibility in the separate words on the same line of a roadways. One State DOT, an NCUTCD signing of locations with interior option legend. The FHWA makes these changes member, and a citizen opposed this lanes. As part of this change, the FHWA for consistency with existing revision because of the potential for relocates a STANDARD statement from recommendations on limiting the inconsistent application, the Section 2E.21 as proposed in the NPA amount of legend on signs and to reflect implication of a lane change, and to Section 2E.20, where it is more current practice. because it would be an overall practice appropriately located. 198. In Section 2E.19 (Section 2E.18 that is not consistent with the use of 201. In Section 2E.21 Design of in the 2003 MUTCD) Arrows for upward-pointing arrows at similar Interchange Guide Signs, in the NPA the locations. The FHWA agrees and does Overhead Arrow-per-Lane Guide Signs FHWA proposed to revise existing not adopt this provision for overhead for Option Lanes (numbered and titled STANDARD and OPTION statements as guide signs. Section 2E.20 Diagrammatic Signs in the well as add new OPTION and 199. In the NPA, the FHWA proposed NPA), the FHWA adopts provisions for STANDARD statements to this section significant changes to Section 2E.19 of Overhead Arrow-per-Lane signs. As to clarify the style and placement of the 2003 MUTCD regarding proposed in the NPA, the Overhead arrows on guide signs. Comments Diagrammatic Signs. The changes Arrow-per-Lane design features an regarding the proposed language and the proposed in the NPA included requiring upward arrow for each lane and is resulting language adopted in this final a specific design for diagrammatic signs consistent with the recommendations of

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66776 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

the Older Driver handbook 91 and a The NCUTCD, a State DOT, and a city per-Lane or diagrammatic signs are not recent study 92 that confirmed that the recommended additional changes to the practicable due to various up arrow for each lane diagrammatic proposed list of design criteria in the considerations. design is significantly superior to the STANDARD statement for Overhead 204. In Section 2E.24 Signing for existing diagrammatic design or Arrow-per-Lane signs. The FHWA Interchange Lane Drops (Section 2E.21 enhancements thereto in terms of agrees that additional clarification will of the 2003 MUTCD), the FHWA providing a longer decision sight provide uniformity in sign design and, proposed in the NPA to require the use distance and higher rates of road user based on the comments, the FHWA adds of the EXIT ONLY (down arrow) sign comprehension. The FHWA believes items G, H, and I in this final rule to panel on signing of lane drops on all that the Overhead Arrow-per-Lane style, clarify the design and placement of overhead advance guide signs for exits including the appropriate use of EXIT distance messages on signs, the number that do not have an ‘‘option lane,’’ and ONLY sign panels, is the clearest and of lanes displayed on signs, and the use to provide design requirements for the most effective method of displaying to of exit plaques. bottom portion of Exit Direction signs. road users the essential information 202. The FHWA adopts a new section A citizen agreed with the proposed about the proper and allowable lanes to in this final rule numbered and titled changes. Four State DOTs opposed the use to reach their destinations where an Section 2E.22 Design of Freeway and proposed requirements and requested Expressway Diagrammatic Guide Signs that the STANDARD statements be ‘‘option lane’’ is used for at an exit. The for Option Lanes, to describe the criteria changed to GUIDANCE or OPTION. The existing diagrammatic sign design that under which diagrammatic signs are FHWA disagrees and notes that existing attempts to illustrate optional lane use allowed to be used. The FHWA adopts GUIDANCE has resulted in improper via dotted lane lines on a single arrow a SUPPORT statement at the beginning and ineffective methods of signing of shaft is too subtle to be easily of the section recognizing that option lanes. The FHWA believes that, recognized and understood by many diagrammatic signs have been shown to for freeway splits and other interchange road users, especially older drivers. A be less effective than conventional or configurations that include a lane drop State DOT, a city, and a citizen agreed Overhead Arrow-per-Lane guide signs at but do not involve ‘‘option lanes,’’ the with the sign designs as proposed in the conveying the destination or direction(s) use of down arrows and EXIT ONLY NPA, although the State DOT that each approach lane serves, whether sign panels over each lane on the questioned the required size of the dedicated or option lanes are present. advance guide signs provide the clearest arrows on the signs. The NCUTCD, 13 However, based on comments submitted and most effective method of displaying State DOTs, 5 toll road operators, an on the NPA, the FHWA recognizes that to road users the essential information NCUTCD member, and a citizen in some cases a diagrammatic sign is about the lane drop and about the opposed the required use of the most practical, and therefore adopts in proper lane(s) to use to reach their Overhead Arrow-per-Lane sign and this final rule criteria for their use and destinations. The FHWA also believes argued for the continued allowable use design based on the 2003 MUTCD that the use of upward diagonal black of the diagrammatic signs recommended provisions for diagrammatic signs. arrows within an EXIT ONLY panel at in the 2003 MUTCD. Several of the 203. The FHWA adopts a new section the bottom of the Exit Direction signs for commenters also recommended in this final rule numbered and titled such interchanges more clearly changing the design of the existing Section 2E.23 Signing for Intermediate reinforces the lane drop while still diagrammatic signs if retained in the and Minor Interchange Multi-Lane Exits providing upward diagonal arrows in MUTCD. In this final rule the FHWA with an Option Lane, to provide the direction of the exit. The NCUTCD, adopts the new style of Overhead recommendations on the types of two State DOTs, a toll road operator, a Arrow-per-Lane signs proposed in the signing to be used at intermediate and toll road operators association, and a NPA and also decides to retain the minor multi-lane exits where there is an city agreed with the section, but provisions for the existing diagrammatic operational need for the presence of an recommended text changes. The FHWA sign design as an alternative to the option lane for only the peak period, adopts the language as proposed in the Overhead Arrow-per-Lane signs. The during which excessive queues might NPA in this final rule with revisions FHWA also adopts a SUPPORT otherwise develop if the option lane based on adopted changes to Sections statement at the beginning of the section were not present. The text proposed in 2E.22 and 2E.23 concerning the to state that the Overhead Arrow-per- the NPA (in Section 2E.19) would have continued use of diagrammatic signs Lane design has been shown to be required diagrammatic (now called and the new Overhead Arrow-per-Lane superior to diagrammatic signs and to Overhead Arrow-per-Lane) signs for signs. encourage the use of that design. The these locations in a STANDARD A toll road operator opposed the FHWA also adopts modified figures statement and the 2003 MUTCD proposed GUIDANCE that within the section to illustrate the use recommended diagrammatic signs for recommended the use of the Advance of both the Overhead Arrow-per-Lane these locations in a GUIDANCE Guide sign with a distance message and existing diagrammatic signs. statement. The FHWA understands, where the dropped lane is an auxiliary based on past experience and comments lane between successive entrance and on Section 2E.19 of the NPA, that in exit ramps and the distance is less than 91 ‘‘Guidelines and Recommendations to Accommodate Older Drivers and Pedestrians,’’ such cases, the Overhead Arrow-per- 1 mile. The FHWA adopts a revision to FHWA Report no. FHWA–RD–01–051, May 2001, Lane or Diagrammatic guide signing paragraph 08 to clarify that the can be viewed at the following Internet Web site: described for option lanes in Sections provision recommends displaying the http://www.tfhrc.gov/humanfac/01105/cover.htm. 2E.21 and 2E.22 might not be distance in addition to the EXIT ONLY Recommendation II.A(3). 92 ‘‘Evaluation of Diagrammatic Freeway Guide practicable, depending on the need for message. Signs,’’ Final Report, May, 2008, conducted by Gary and level of use of the option lane and 205. Although not proposed in the Golembiewski and Bryan Katz for the Traffic the spacing of nearby interchanges, NPA, the FHWA adopts a new section Control Devices Pooled Fund Study, can be viewed particularly in non-rural areas. The in this final rule numbered and titled at the following Internet Web site: http:// www.pooledfund.org/documents/TPF-5_065/ adopted provision provides flexibility Section 2E.28 Eisenhower Interstate Diagrammatic_Freeway_Guide_Sign and guidance on the signing for such System Signs. This section contains _Design_rev4_final.pdf. locations where the Overhead Arrow- OPTION, GUIDANCE, and STANDARD

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66777

statements regarding the use of space required between the number and The FHWA disagrees because uniform Eisenhower Interstate System (M1–10 letter. In this final rule the FHWA exit numbering is important for road and M1–10a) signs that may be used on adopts the provision and specifies a user navigation and for the reporting of Interstate highways at periodic intervals space width of one-half to three-quarters incidents to facilitate expedient and and in rest areas, scenic overlooks, or of the letter height. This revision should accurate emergency response and other similar roadside facilities on the have a minimal impact on agencies warrants consistency across the United Interstate system. This sign was adopted because Exit Number plaque widths are States. It is expected that the conversion in an August 11, 1993 memorandum, commonly standardized rather than to reference-location based exit subject ‘‘Eisenhower Interstate System customized fit to the exact legend, numbering would be accomplished on a Sign,’’ from the FHWA Executive therefore the revision does not systematic route-by-route basis, as has Director to the Regional Federal introduce a new requirement that did been done in many other States that Highway Administrators and the not exist in the 2003 MUTCD. Further, have undergone such conversions over Federal Lands Highway Program a Narrow Exit Gore sign is adopted in the past several decades. Administrator. The sign was contained Section 2E.37 that will ameliorate issues The FHWA also proposed in the NPA in the 2003 MUTCD by being included regarding extra sign width for the space to change a GUIDANCE statement in the in a figure illustrating various guide between the exit number and the suffix 2003 MUTCD to a STANDARD signs and the sign design has also been on Exit Gore signs. The FHWA adopts statement to require that a left exit in the Standard Highway Signs and this change in this final rule in order to number (E1–5bP) plaque be used at the Markings Book. However, there was no provide practitioners with clearer top left edge of the sign for numbered text in the 2003 MUTCD describing the direction on the space between the exit exits to the left to alert road users that sign or its intended use. The FHWA number and the suffix than was the exit is to the left, which is often not adds this section in this final rule to previously provided in the MUTCD or expected. This change also required that incorporate language regarding the the Standard Highway Signs and the ‘‘LEFT’’ portion of the message be optional use of this sign and, if used, Markings book. black on a yellow background. A State GUIDANCE on where it should be In addition, the FHWA proposed in DOT agreed with the change. Another located and a STANDARD on where it the NPA a new STANDARD to make it State DOT also agreed and suggested shall not be used. These provisions are clear that if suffix letters are used for adding an example of an optional left consistent with adopted provisions for exit numbering, an exit of the same exit scenario with a black on yellow signing of Auto Tour Routes in Section number without a suffix letter cannot be LEFT LANE plaque below the parent 2H.07 and are necessary to assure that used. The NCUTCD, two State DOTs, a guide sign. The FHWA disagrees, as the highway agencies that elect to use the toll road operator, a local DOT, a toll message display suggested by that State sign do so properly in accordance with road operator association, and a citizen DOT is frequently misinterpreted as an the 1993 FHWA direction and with agreed with the proposal and suggested indication of a dedicated lane with a adopted provisions for similar types of clarifying for situations where an mandatory exit movement and does not signs. interchange has multiple exits in one promote consistency of the message for direction, but only a single exit in the similar situations. Two State DOTs, a 206. In Section 2E.31 (Section 2E.28 opposite direction, suggesting that the city, and two NCUTCD members in the 2003 MUTCD) Interchange Exit provision should allow the use of an opposed the revision because they Numbering, the FHWA proposed in the exit number without a suffix in the believe that the new provisions will not NPA to revise paragraph 02 to clarify an direction with only one exit. The FHWA add a significant improvement from the existing provision that if suffix letters agrees and adopts the proposal in this provisions for diagrammatic signs in the are used for exit numbering at a multi- final rule with the suggested revision. 2003 MUTCD and suggested reducing exit interchange, the suffix letter shall As proposed in the NPA, the FHWA the statement to GUIDANCE. The be included on the exit number plaque replaces an OPTION with a STANDARD FHWA disagrees because the direction and shall be separated from the exit stating that interchange exit numbering of the exit is better communicated by number by a space having a width of at shall use the reference location exit the positive sign legend and placement least half of the height of the suffix numbering method and that the of the sign over the roadway. The letter. This will enhance the legibility of consecutive exit numbering method FHWA adopts the proposed changes in the exit number and help avoid shall not be used. The FHWA adopts this final rule for consistency of message confusion, especially between the letter this change because only 8 of the 50 to drivers and for consistency with other ‘‘B’’ and the numeral ‘‘8.’’ This States still use consecutive exit parts of the manual regarding left-side provision was included in the 2003 numbering and, based on past public exits. MUTCD requiring a space between the comment and inquiries, the vast In the NPA, the FHWA proposed a number and the suffix, but the width of majority of road users now expect target compliance period of 10 years for the space was not specified, implying reference location exit numbering. The the implementation of LEFT (E1–5aP) that the space is equal to the letter FHWA believes that road users will be and Left Exit Number (E1–5bP) plaques height. Three State DOTs, a city, and an better served by nationwide uniformity at left-side exits. In this final rule the NCUTCD member opposed the revision of exit numbering using the reference FHWA adopts a target compliance date because research has not been location method. Two local agencies December 31, 2014 (approximately 5 performed to justify the new and ATSSA agreed. Two State DOTs, a years from the effective date of this final requirement and because of concerns local DOT, and a county opposed the rule) for the requirements in Sections that adding the space between the suffix revision and suggested reducing the 2E.31, 2E.33, and 2E.36 to install LEFT letter and exit number will cause statement to GUIDANCE since their (E1–5aP) or Left Exit Number (E1–5bP) confusion, increase the size of the signs, experience has shown consecutive exit plaques at all existing numbered and and add expenses to agencies because of numbering has not compromised safety non-numbered left exits on freeways the increased wind load. The FHWA or convenience. The commenters also and expressways. The FHWA adopts disagrees because the new provision had concerns about a potentially large this target compliance date to address a actually modifies an existing cost associated with replacing all signs recent recommendation (Safety requirement and reduces the amount of along the freeway with minimal benefit. Recommendation H–08–7) by the

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66778 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

National Transportation Safety Board Advance Guide signs. A State DOT A State DOT suggested changing (NTSB). 93 The NTSB developed this suggested changing the statement to paragraph 10 regarding the use of the recommendation as a result of an GUIDANCE. Another State DOT LEFT plaque at non-numbered exits imminent safety concern exhibited with opposed the revision because Section from STANDARD to GUIDANCE. The left-side freeway exits. The FHWA 2E.33 states that diagrammatic signs can FHWA disagrees with the comment believes that the installation of these serve as Advance Guide signs. The because it would conflict with similar plaques at all existing left-side exits FHWA disagrees with the commenters provisions adopted in Section 2E.31 within 5 years is necessary to achieve because uniformity in the display of requiring the use of the left exit number critical safety improvements at left-side messages regarding multi-lane exits is plaque and is necessary for consistency exits and that reliance on the systematic critical and the FHWA adopts the in sign legends. In this final rule the upgrade provisions of Section language as proposed in the NPA in this FHWA adopts the requirements for E1– 655.603(d)(1) of title 23, Code of Federal final rule. 5aP or E1–5bP plaques at left-side exits. Regulations is not appropriate in this 208. The FHWA relocates the As noted above in item 206, the FHWA case. The installation of these plaques OPTION and STANDARD statements also adopts a target compliance date of would generally not require regarding the use of pictographs as December 31, 2014 for the requirements replacement of the existing sign or sign proposed in Section 2E.10 of the NPA for E1–5aP and E1–5bP plaques at left- supports and this change affects to Section 2E.35 (Section 2E.32 in the side exits. relatively few locations throughout the 2003 MUTCD) Other Supplemental Finally, the FHWA adopts the country. The FHWA anticipates that Guide Signs in this final rule. As part of OPTION, as proposed in the NPA, to installation of the required plaques at this change, the FHWA clarifies the permit the use of an EXIT XX MPH existing locations will provide provisions for the display of pictographs (E13–2) sign panel at the bottom of the significant safety benefits to road users. in this final rule. See Section 2E.10 Exit Direction sign to supplement, but 207. In Section 2E.33 (Section 2E.30 discussion above for additional not to replace, the exit or ramp advisory in the 2003 MUTCD) Advance Guide information. speed warning signs where extra Signs and in Section 2E.36 (Section 209. In Section 2E.36 (Section 2E.33 emphasis of an especially low advisory 2E.32 in the 2003 MUTCD) Exit in the 2003 MUTCD) Exit Direction ramp speed is needed. This may be Direction Signs, the FHWA proposed in Signs, the FHWA proposed in the NPA done by adding an EXIT XX MPH (E13– the NPA to add a STANDARD statement to revise the second STANDARD 2) sign panel to the face of the Exit to require that a left exit number (E1– statement to clarify the appropriate Direction sign near the bottom of the 5bP) plaque be used at the top left edge signing for exits where a through lane is sign or by making the EXIT XX MPH of the sign for numbered exits to the left being terminated and for multi-lane message a part of the Exit Direction sign. and that a LEFT (E1–5aP) plaque be exits having an optional exit lane that The Sign Synthesis Study 94 found that added to the top left edge of the sign for also carries the through route or for a at least four States have found it non-numbered exits to the left. In this split with an option lane. The NCUTCD necessary to use similar advisory speed final rule the FHWA adopts this suggested replacing Figures 2E–5, 2E–6, panels with Exit Direction signs to proposed statement to be consistent and 2E–8 through 2E–10 with alternate provide even more advance notice and with the changes in Section 2E.31. A Figures provided in their comment and emphasis of a very low ramp speed, State DOT suggested reducing the updating the corresponding references typically because of curvature. The statement to GUIDANCE because they in this section. A State DOT suggested NCUTCD, a State DOT, a toll road believe it is not necessary to have the deleting references to Figures 2E–5 and operator, and a toll road operator LEFT plaque in all cases. The FHWA 2E–6 because the Overhead Arrow-per- association agreed and suggested text disagrees because the suggestion would Lane signs must be placed at the point revisions to eliminate repetitive not provide a consistent, uniform of divergence of the outside lane and wording. The FHWA agrees with the message to road users. An NCUTCD not at the theoretical gore. Another State suggested revision and rewords the member suggested changing the plaque DOT also suggested revising the text to provision to simplify and eliminate message to LEFT EXIT instead of LEFT. require Exit Direction signs overhead at redundant language. The FHWA disagrees as non-numbered the theoretical gore where there is a 210. In Section 2E.37 (Section 2E.34 exits contain the word EXIT within the through lane being terminated and to in the 2003 MUTCD) Exit Gore Signs, distance message and the word EXIT on require a diagrammatic sign near the the FHWA adopts the revision to the the plaque would be redundant. As point where the outside edge of the STANDARD statement, as proposed in noted above in item 206, the FHWA also dropped lane begins to diverge from the the NPA, to clarify that the space adopts a target compliance date of mainline where there is a multi-lane between the exit number and the suffix December 31, 2014 for the requirements exit with an optional exit lane. A State letter on an Exit Gore Sign shall be the for E1–5aP and E1–5bP plaques at left- DOT and a toll road operator suggested width of one-half to three-quarters of the side exits. changing the STANDARD statements to height of the suffix letter. This change The NCUTCD, a State DOT, a toll road GUIDANCE. A State DOT opposed the correlates to a similar change in Section operator, and a toll road operator revisions. The FHWA agrees with the 2E.31 Interchange Exit Numbering. association suggested deleting comment regarding the inaccurate The FHWA also adopts an additional paragraph 06 regarding the use of reference to the figures and references paragraph in the OPTION statement, as Advance Guide signs for multi-lane the appropriate figures in this final rule. proposed in the NPA, allowing the use exits because the information is The FHWA disagrees with changing the of Type 1 object markers on sign contained in other locations in Chapter STANDARD statements to GUIDANCE supports below the Exit Gore sign to 2E. The FHWA disagrees because the and adopts the provisions as proposed improve the visibility of the gore for provision pertains specifically to in the NPA to promote uniformity in the exiting drivers. The FHWA adopts this application of signing at similar 93 NTSB Safety Recommendation H–08–7 is locations and to be consistent with other 94 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ contained within NTSB’s letter dated August 18, changes in the Manual regarding FHWA, December 2005, page 51, can be viewed at 2008, which can be viewed at the following Internet the following Internet Web site: http:// Web site: http://www.ntsb.gov/recs/letters/2008/ Overhead Arrow-per-Lane diagrammatic tcd.tamu.edu/documents/rwstc/Signs_Synthesis- H08_3_7.pdf. signs and plaques for exits. Final_Dec2005.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66779

based on recommendations from the revised provision in this final rule to Numbering already contains a Older Driver handbook.95 A city and retain the LEFT sign panel, but does not prohibition on the use of cardinal ATSSA agreed. A toll road operator adopt the LEFT EXIT sign panel, directions as the suffix of exit numbers. opposed the revision because they because the intended use of both sign The FHWA also rewords the believe that the object marker will not panels is identical and allowing two STANDARD statement to clarify that the serve a useful purpose and will add to different messages for the same purpose singular message EXIT shall be used as sign clutter. The FHWA disagrees does not promote uniformity in sign a part of either the distance message or because the object markers serve to legends. the exit number plaque on the Advance visually tie the sign to the ground, 212. In Section 2E.44 (Section 2E.41 Guide signs for non-numbered exits. which enhances nighttime visibility and in the 2003 MUTCD) Freeway-to- This revision is made to clarify the depth perception of the physical gore. Freeway Interchange, the FHWA specific application of the existing Finally, as proposed in the NPA, the proposed to add a STANDARD STANDARD. FHWA adopts an OPTION paragraph statement in the NPA requiring the use 214. As proposed in the NPA, the allowing the use of a vertical rectangular of the left exit number plaque at splits FHWA moves the information from shaped Exit Gore sign for certain narrow where the off-route movement is to the Section 2E.52 (Section 2E.49 in the 2003 gore areas an OPTION paragraph left. The NCUTCD, two State DOTs, a MUTCD) Signing on Conventional Road allowing the use of an Exit Number (E5– local DOT, and two toll road operators Approaches and Connecting Roadways 1bP) plaque above existing Exit Gore supported this requirement, while two to Section 2D.45 in this final rule, and (E5–1) signs only when non-numbered State DOTs opposed it. One of the State leaves a SUPPORT statement to refer exits are converted to numbered exits, DOTs stated that there is not enough readers to the appropriate section. The and a STANDARD paragraph requiring justification for doing so, and that the FHWA adopts this change because the the use of the Exit Gore (E5–1a) sign for practice of installing exit panels left section and figures are about guide a numbered exit when replacement of justified for left exits and right justified signing on conventional road existing assemblies of the E5–1 and E5– for right exits is meant to orient approaches to a freeway, and therefore, 1bP signs becomes necessary. The motorists to the lane they will use to are more appropriate for Chapter 2D. FHWA adopts these changes in this exit. The FHWA disagrees with the 215. The FHWA moves a majority of final rule to provide for more uniform comment because left-side exits the information from Section 2E.53 design of Exit Gore signs. An NCUTCD continue to violate driver expectancy (Section 2E.50 in the 2003 MUTCD) member noted that the E5–1a sign is and just placing the exit number Wrong-Way Traffic Control at prohibited based on text elsewhere in plaques on the left is too subtle and Interchange Ramps to Section 2B.41, as Chapter 2E and Table 2E–1. The FHWA does not convey a positive message to proposed in the NPA, and leaves a disagrees because an OPTION is the motorist. The FHWA also adopts SUPPORT statement to refer readers to provided in this Section for a vertically provisions in this section requiring the the appropriate section. The FHWA arranged Exit Gore sign and the FHWA use the use of Overhead Arrow-per-Lane adopts this change in this final rule adds the standard sizes for these signs or diagrammatic signs for freeway splits because the section and figure relate into Table 2E–1 in this final rule for with an option lane and for multi-lane more to regulatory signs than guide clarification. A State DOT suggested freeway-to-freeway exits having an signs, and therefore, are more allowing a narrow version of the E5–1a option lane, consistent with provisions appropriate for Chapter 2B. sign at non-numbered exits. The FHWA adopted for Sections 2E.20 through The FHWA also adds a reference in disagrees because the E5–1a 2E.22. The NCUTCD, a State DOT, and this final rule to Section 2D.46 on the unnumbered Exit Gore signs are 6 feet two agencies that operate toll facilities use of guide signs and Directional wide, which should fit in most narrow felt that this requirement duplicates assemblies to mark the point of entry to gore situations and because in this final language elsewhere in Chapter 2E and a freeway or expressway. Although not rule the FHWA also provides an therefore should be removed from this proposed in the NPA, the FHWA adds OPTION allowing the mounting height section. The FHWA disagrees with the this reference in this final rule to assist of any Exit Gore sign to be 14 feet or comment and includes the language in users of the Manual by providing more to address narrow gore situations. this section because the provision additional information related to 211. In Section 2E.40 (Section 2E.37 applies to the specific geometric freeway and expressway entrance ramp in the 2003 MUTCD) Interchange condition and interchange type signing. Sequence Signs, a toll road operator described in this section. A local DOT 216. As proposed in the NPA, the opposed the proposed revisions to the supported this requirement, while two FHWA relocates Sections 2E.51 General STANDARD in the NPA regarding the State DOTs felt that the use of Service Signs, 2E.52 Rest and Scenic LEFT EXIT or LEFT sign panel use diagrammatic signs should be a Area Signs, 2E.53 Tourist Information where the exit direction is to the left. recommendation, rather than a and Welcome Center Signs, 2E.56 Radio The commenter was concerned that left requirement. The FHWA disagrees and Information Signing, and 2E.57 Carpool exits create driver expectancy issues adopts the proposed changes to be and Rideshare Signing (as numbered in and should therefore warrant individual consistent with other adopted changes the 2003 MUTCD) to a new Chapter in guide sign panels from the one mile in the Manual regarding signing for this final rule titled Chapter 2I General advanced sign through the exit direction option lanes. Service Signs (numbered 2F in the assembly. The FHWA disagrees because 213. In Section 2E.48 (Section 2E.45 NPA). the LEFT or LEFT EXIT message in the 2003 MUTCD) Diamond 217. As proposed in the NPA, the addresses the expectancy issues raised Interchange, the FHWA adopts the FHWA relocates Sections 2E.54 by the commenter. The FHWA adopts a proposed removal of the second Reference Location Signs and Enhanced sentence of the first STANDARD Reference Location Signs and 2E.55 95 ‘‘Guidelines and Recommendations to statement regarding the prohibition of Miscellaneous Guide Signs (as Accommodate Older Drivers and Pedestrians,’’ cardinal initials on exit numbers. This numbered in the 2003 MUTCD) to a new FHWA Report no. FHWA–RD–01–051, May 2001, can be viewed at the following Internet Web site: sentence is not applicable for a diamond Chapter in this final rule titled Chapter http://www.tfhrc.gov/humanfac/01105/cover.htm. interchange, because it has a single exit 2H General Information Signs Recommendation II.A(4b). ramp. Section 2E.31 Interchange Exit (numbered 2I in the NPA).

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66780 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

Discussion of Amendments Within into one section to provide uniformity signs be placed between the toll plaza Chapter 2F—Toll Road Signs—General in sign sizes. and the first advance sign informing 222. The FHWA adds a new section traffic of the toll plaza. This revised 218. In this final rule, the FHWA in this final rule numbered and titled language allows the information to be adopts a new chapter numbered and Section 2F.03 Use of Purple outside the immediate influence of the titled, Chapter 2F Toll Road Signs. Backgrounds and Underlay Panels with toll plaza area, at which driver attention Although not proposed as a separate ETC Account Pictographs. The FHWA is more appropriately focused on signs chapter in the NPA, this new chapter adds this STANDARD and SUPPORT designating the appropriate lanes based consolidates information proposed in information to assure consistency with on payment method, and there is often the NPA related to toll road signing to adopted requirements regarding the use little space available for additional address comments from practitioners of the color purple on signs as contained signing. In the NPA, the FHWA that a separate chapter on toll road in Sections 1A.12, 2A.10, 2F.12, and proposed recommending that the Toll signing would be helpful. 2F.16. Rate sign be limited to three lines of 219. In several sections of the NPA, 223. The FHWA adds a new section text. Three State DOTs and three toll the FHWA proposed adding a new in this final rule numbered and titled road operators opposed the symbol to denote that a toll facility’s Section 2F.04 Size of ETC Pictographs. recommended limit of three lines of text ETC payment system is nationally The FHWA adds this STANDARD and because there are several methods that interoperable with all other ETC GUIDANCE information to assure a toll agency can use in assessing rates, payment systems. The NCUTCD and a consistency with adopted requirements and that often requires more than three State DOT opposed this new symbol, and recommendations regarding lines of text. The FHWA adopts the because they felt that it is premature to pictographs in Chapter 2A and in recommended limit of three lines of text address interoperability, especially with Section 2F.15 and to provide for in this final rule because it is consistent an untested symbol. Since efforts to adequate conspicuity and legibility of with existing provisions in the MUTCD achieve this interoperability have not ETC pictographs on the approaches to regarding the number of lines of legend made as much progress as previously toll plazas, where this information is that are based on the maximum anticipated, the FHWA does not adopt critical. information load that a road user 224. The FHWA adopts in this final in this final rule the proposed approaching a sign can read and rule a new section numbered and titled interoperable symbol or requirements process. To address the need to provide Section 2F.05 Regulatory Signs for Toll for its use. more detailed information, the FHWA Plazas. In the NPA, the FHWA proposed also adds an OPTION in this final rule Discussion of Amendments Within to number this Section 2B.31; however, allowing the use of a more detailed toll Chapter 2F—Toll Road Signs—Specific the section number changes due to the rate schedule at attended toll booths reorganization of information in this 220. In this final rule the FHWA where vehicles must stop to pay the toll. final rule. The FHWA adopts this adopts a new section, Section 2F.01 section to provide consistency and 225. The FHWA adopts in this final Scope, to respond to comments uniformity in signing practices for these rule a new section numbered and titled suggesting that toll road and managed types of facilities, which are becoming Section 2F.06 Pay Toll Advance lane signing be separated in the increasingly common and for which Warning Sign (numbered and titled in MUTCD. This new section includes a uniform signing provisions were not the NPA as Section 2C.44 Stop Ahead SUPPORT statement that clarifies that provided in the 2003 MUTCD. Pay Toll Sign). The FHWA revises the Chapter 2F applies to a route or facility In the NPA, the FHWA proposed title of the section in this final rule to on which all lanes are tolled, while GUIDANCE and OPTION statements reflect the revised sign legend, based on Chapter 2G applies to the signing of regarding the recommended placement comments as discussed herein. ATSSA, managed lanes within an otherwise non- of optional Toll Rate Schedule signs in a toll road operator, and a local DOT toll facility that employs tolling or the vicinity of toll plazas. A local DOT supported the signs and their design, as pricing as an operational strategy to suggested that the name of the sign be proposed in the NPA. The NCUTCD, a manage congestion levels, and to changed to ‘‘Toll Rate sign,’’ omitting State DOT, and nine toll road operators explain the scope of Chapter 2F in the word ‘‘schedule,’’ because some toll suggested that the proposed wording be relation to other signing provisions road operators vary the toll amount by changed to delete the words ‘‘STOP elsewhere in Part 2. In this section, the time of day. The FHWA agrees and AHEAD’’ from the sign and its FHWA also includes a STANDARD revises the name of the sign to ‘‘Toll application, because the message ‘‘Stop statement that, except where Rate sign’’ in this final rule. Three State Ahead’’ is not appropriate in advance of specifically indicated in this chapter, DOTs and five toll road operators locations with ETC capabilities and the provisions of other chapters in Part opposed the recommended sign because these advance signs are located 2 shall apply to toll roads. The FHWA placement (100 to 200 feet in advance at 1 mile and 1⁄2 mile in advance of the adopts this STANDARD to reflect the of the toll plaza), suggesting that toll location where some or all lanes are relocation of this material from Chapter road operators need more flexibility to required to stop at a toll plaza. The 2E, as suggested by commenters who place the signs in a location where they commenters also suggested that there be wanted a separate chapter for toll roads. can be easily read and understood by more flexibility in the wording of the 221. In Section 2F.02 Sizes of Toll road users. One commenter suggested sign. The FHWA agrees that STOP Road Signs, the FHWA adopts that the site characteristics of toll plazas AHEAD is not appropriate on these STANDARD, SUPPORT, and OPTION vary so widely that a universal distance advance signs that are so far from the statements referring to Section 2A.11 requirement for this sign may create condition requiring traffic to stop and and Table 2F–1 in the MUTCD for unnecessary complications for some toll modifies the design of the sign and the information on sign sizes. Although not facilities, and could lead to the sign text in the section adopted in this final proposed as a separate section in the being placed in a less than desirable rule to reflect that this is a Pay Toll NPA, the FHWA adopts this location. To address these comments, Advance Warning sign. However, as consolidation of information from the FHWA adopts revised GUIDANCE discussed below under Sections 2F.08 Chapters 2B, 2C, 2D, and 2E of the NPA in this final rule to recommend that the and 2F.09, the FHWA adopts similar

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66781

signs and plaques that do bear the Although not proposed in the NPA, 229. The FHWA adopts a new section words ‘‘STOP AHEAD’’, for use closer to the FHWA adds a requirement that the numbered and titled Section 2F.11 Toll the toll plaza than 1⁄2 mile. legend PAY TOLL be replaced with a Auxiliary Sign (Section 2D.25 in the Except for suggesting the words suitable legend such as TAKE TICKET NPA) to require the use of this sign ‘‘STOP AHEAD’’ be removed, as for toll plazas where road users entering above the route sign of a numbered toll discussed above, the NCUTCD a toll-ticket facility are issued a toll facility, in any route sign assembly supported the W9–6 sign as proposed in ticket. The FHWA adopts this change in providing directions from a non-toll the NPA and shown in proposed Figure this final rule based on comments from highway to the toll facility or to a 2C–9, but suggested that the W9–6P toll road operators on the need to segment of a highway on which the plaque be removed. A State DOT provide an appropriate sign legend that payment of a toll is required. The Signs suggested that the signs and plaques be will accommodate toll-ticket facilities. Synthesis Study 98 found that some black text on a white background Finally, the FHWA adopts an OPTION States are using these signs to provide instead of on a yellow background, at the end of the section allowing the road users useful information that a because payment is a requirement and toll for passenger or 2-axle vehicles to numbered route is a toll facility. The is enforceable on toll facilities. The be omitted from the W9–6P plaque if the proposed section was supported in FHWA disagrees with both commenters, toll information is displayed on the concept by most commenters, but the retaining the W9–6P plaque (and guide sign that the plaque accompanies. NCUTCD and some toll facility adopting a new Section 2F.07 in this Although not proposed in the NPA, the operators suggested that provision final rule describing its use) and the FHWA adds this OPTION to address a should be included to allow the yellow background color of the signs comment from a toll road operator continued use of unique toll facility and plaques as proposed in the NPA, suggesting that incorporating a route shield designs that incorporate the but reflecting the change of the sign text changeable message element into the word ‘‘TOLL’’ into the route shield and plaque to Pay Toll Advance W9–6P plaque should not be required if itself, rather than as an auxiliary sign, Warning. These signs and plaques are in the information can be displayed on the and that pictographs be allowed in the advance of the toll collection point and accompanying guide sign. The FHWA TOLL auxiliary sign. The FHWA are therefore warning, not regulatory. adopts the use of this plaque to provide disagrees because a very wide variety of Three toll road operators commented on for consistency and uniformity of unique toll route shield designs are the proposed recommendations for signing for these messages and to currently in use, and many do not advance placement of the signs. implement the signing portions of conform to basic principles of sign Although one of the commenters FHWA’s ‘‘Toll Plaza Traffic Control design. Further, the TOLL sign is an supported the proposed language, the Devices Policy.’’ 97 auxiliary sign, not a route marker, and other two suggested that there needed to 227. The FHWA adopts in this final therefore the incorporation of a be more flexibility, based on volumes of rule two new sections numbered and pictograph is not appropriate. The traffic and whether or not the lanes titled Section 2F.08 Stop Ahead Pay FHWA believes that uniformity in the accepted cash payment. The FHWA Toll Warning Sign, and Section 2F.09 display of similar messages is important notes that the placement of the signs is Stop Ahead Pay Toll Warning Plaque. for directional guidance and adopts a GUIDANCE, which allows adjustment As discussed above under Section uniform provision for notifying road in the location placement. The FHWA 2F.06, the FHWA adopts this sign and users of a toll route. adopts this section regarding the use of plaque for use at locations less than 1⁄2 In the NPA, the M4–15 sign was these new signs on toll facilities to mile in advance of mainline toll plazas, proposed with black legend on a white provide for consistency and uniformity and adopts these new sections to clarify background, similar to other auxiliary of signing for messages and to their use. signs, such as cardinal directions, JCT, implement the signing portions of 228. The FHWA adopts a new section BYPASS, etc., that are used with route FHWA’s ‘‘Toll Plaza Traffic Control numbered and titled Section 2F.10 signs. Because this particular auxiliary Devices Policy.’’ 96 226. The FHWA adopts a new section LAST EXIT BEFORE TOLL Warning sign is different in function from others, numbered and titled Section 2F.07 Pay Plaque (numbered section 2C.68 in the in that it also serves to provide a Toll Advance Warning Plaque NPA). This section describes the use of warning to road users that the route is (numbered and titled in the NPA as this new plaque, as proposed in the a toll road, the FHWA believes that a Section 2C.69 Stop Ahead Pay Toll NPA. ATSSA and a toll road operator black legend on a yellow background is Plaque). The FHWA revises the title of supported this new plaque. Two State appropriate for this sign. The FHWA the section it adopts in this final rule to DOTs, a toll road operator, and an received comments from several toll reflect a revised plaque legend, adopted NCUTCD member suggested that road operators expressing concerns that in response to comments, as discussed alternate messages, such as LAST FREE a white background is needed to make above under Section 2F.06. In the NPA, EXIT be allowed on the sign. The this a regulatory sign in order to enforce the FHWA proposed including ‘‘Stop FHWA declines to change the message the requirement to pay the toll. The Ahead’’ on the Pay Toll plaque, on the plaque, because the message FHWA disagrees with those comments however, similar to Section 2F.06, the LAST FREE EXIT could be in relation to this particular auxiliary FHWA removes ‘‘Stop Ahead’’ in this misinterpreted to mean that the limited sign because there are many other signs final rule to address comments from two access roadway was ending or that it is associated with toll payment on a toll toll road operators and a State DOT who the last exit off the route. To maintain road that are designed as black-on-white suggested that message ‘‘Stop Ahead’’ is uniformity in the messages, the FHWA regulatory signs or plaques and thereby not appropriate in advance of locations adopts the plaque as proposed in the enable enforcement. The FHWA adopts with ETC capabilities. NPA, in this final rule. in this final rule this auxiliary sign with

96 ‘‘Policy on Traffic Control Strategies for Toll 97 ‘‘Toll Plaza Traffic Control Devices Policy,’’ 98 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ Plazas,’’ dated October 12, 2006 can be viewed at dated September 8, 2006, can be viewed at the FHWA, December 2005, page 52, can be viewed at the following Internet Web site: http:// following Internet Web site: http:// the following Internet Web site: http:// mutcd.fhwa.dot.gov/resources/policy/tcstollmemo/ mutcd.fhwa.dot.gov/resources/policy/tcstollmemo/ tcd.tamu.edu/documents/rwstc/Signs_Synthesis- tcstoll_policy.htm. tcstoll_policy.htm. Final_Dec2005.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66782 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

a yellow background and includes new symbols to denote exact change using the word ‘‘ONLY,’’ unless there is comparable text on this sign in Section and attended lanes and proposed to only one accepted ETC system. The 2F.13. require their use in toll plaza signing. FHWA adopts the use of the color In the NPA, the FHWA also proposed The FHWA believed that symbols for purple, because the intent is to use to require the use of the TOLL (M4–15) these messages would help road users to purple as an identifier of a requirement auxiliary sign above all route signs of a more quickly identify the proper lane(s) for vehicles to have a registered ETC numbered toll facility when a parallel or to choose for the type of toll payment account. However, to address the nearby free facility has the same route they will use. The proposed symbols concerns of the commenter, the FHWA number. However, it was not the were similar to those already in use for revises the requirements in this final FHWA’s intent to endorse the practice these purposes on some toll facilities in rule to accommodate ETC pictographs of duplicate route numbering for non- the U.S. The NCUTCD, two State DOTs, whose predominant background color is toll and toll routes, because it could not a local DOT, and four toll road operators purple. The FHWA retains the word be consistently applied as an alternate opposed the requirement to use the ONLY because the word is intended to route. The FHWA does not believe that proposed symbols because of their belief identify that the facility excludes such a non-uniform practice is helpful that the symbols had not been vehicles without registered ETC in road user guidance and navigation. adequately tested and would not convey accounts. To address the concerns As a result, the FHWA does not adopt a clear, simple message at freeway expressed by the commenters, the this requirement in this final rule. This speed. The FHWA adopts the symbols FHWA adopts an OPTION allowing is different from the practice of in this final rule, but agrees that the use agencies to display information on a assigning alternative routes, such as of these symbols should not be required separate sign notifying road users that business, truck, or bypass designations at this time, and therefore adopts an the facility will accept payments from on different alignments where there is OPTION to use the symbols. As part of other systems’ transponders or devices always a primary numbered route, this change in this final rule, the FHWA in addition to its primary ETC-device which is acceptable. adopts requirements to use word payment system. 230. The FHWA adopts a new section messages such as FULL SERVICE, Although not proposed in the NPA, numbered and titled Section 2F.12 CASH, CHANGE, or RECEIPTS on signs the FHWA adopts a STANDARD at the Electronic Toll Collection (ETC) for attended lanes at toll plazas, and to end of the section requiring signing to Account-Only Auxiliary Signs (Section use the word message EXACT CHANGE conform to the provisions of paragraphs 2D.26 in the NPA). The FHWA and the amount of the toll for passenger 04 and 05 of this section for entrances proposed these auxiliary signs in the vehicles on signs for Exact Change lanes to toll highways where ETC is employed NPA to complement and be consistent at toll plazas. The FHWA refines the only through license plate character with signs in this chapter and in designs and enlarges the minimum size recognition, such that road users are not Chapter 2G that inform road users that of the symbols to enhance their required to establish a registered toll a highway is restricted to use only by legibility when used with account, and thus any vehicle can use vehicles having a registered ETC accompanying word legends, and adds the facility without restriction. The payment account. Two toll road clarifying language in this final rule to FHWA adds this requirement to assure operators supported this new section. indicate that these symbols are to be that the color purple and the provisions The NCUTCD and a State DOT used only as panels within guide signs associated with signing where a suggested that the word ONLY be that accompany the required word registered ETC account is required are omitted when an ETC facility accepts messages, not as an independent sign or limited to facilities that are not multiple ETC payment systems. The within a sign assembly. unrestricted and are not misused on toll FHWA disagrees, because the intent is ATSSA and a toll road operator facilities where any vehicle can use the to notify road users that only vehicles supported the standardization of facility, consistent with adopted that have registered toll accounts can placement of signing for ETC facilities. STANDARDS regarding the color purple use the highway, and includes the word Three State DOTs and nine toll road in Section 1A.12 and 2F.03. ONLY in the section adopted in this operators opposed some of the details 232. As proposed in the NPA, the final rule. that FHWA proposed in the NPA, FHWA adopts a new section numbered As proposed in the NPA, the FHWA particularly those related to the and titled Section 2F.14 Advance Signs adopts in this final rule an option to use proposed ETC (pictograph) ONLY—NO for Conventional Toll Plazas (Section the NO CASH auxiliary sign in a route CASH (R3–16) regulatory lane-use sign. 2E.56 in the NPA) as proposed in the sign assembly directly below the ETC Most of the commenters opposed the NPA. The NCUTCD and three toll road Account-Only auxiliary sign. The use of the term ‘‘NO CASH’’ because operators supported the NPA language. NCUTCD opposed this option because they felt that it might be misinterpreted One toll road operator suggested of confusion that can result at toll plazas to mean that payment may be made by changing the proposed text in this where lanes are segregated by different other means, such as credit card, ticket, section from GUIDANCE to OPTION. payment methods; however, the FHWA or video. To address these comments, in The FHWA disagrees, and adopts the retains the OPTION in this final rule this final rule the FHWA revises the text as GUIDANCE because there is because the application of this sign is sign design, deleting the NO CASH text, sufficient flexibility in the GUIDANCE not for toll plazas and the FHWA and adopts this sign as a guide sign, statements to address special situations. believes that the option of a NO CASH rather than a regulatory sign. Another toll road operator suggested message might be helpful at the entry In the NPA, the FHWA proposed that the proposed recommended use of point to a toll road to inform road users requirements for the design of signs to overhead signs is most pertinent to in areas where ETC is not well be used on lanes or facilities that are mainline toll plazas, and that additional established. open only to use by ETC device- language was needed regarding signing 231. The FHWA adopts a new section equipped vehicles. Two State DOTs and for ramps. The FHWA disagrees that numbered and titled Section 2F.13 Toll two toll road operators opposed the additional information is needed, Facility and Toll Plaza Guide Signs— language. One State DOT opposed the because signing for ramps is already General (Section 2E.55 in the NPA). In requirement to use a purple background, included in the provision, as proposed the NPA, the FHWA proposed to adopt while the other commenters opposed in the NPA. Three toll road operators

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66783

opposed the language regarding in advance of the plaza, and locating a associated with an individual toll lane. placement distances for guide signs fourth set close to the plaza would In the NPA, the FHWA proposed with lane information for the toll interfere with the visibility of canopy including a requirement that the toll fee payment types, suggesting that the signing. The FHWA disagrees because for passenger or 2-axle vehicles be recommended distances were not the mainline signing typically has far included on the canopy sign or on a appropriate. The FHWA disagrees fewer lanes in which to display lane- separate sign mounted on the upstream because a minimum distance is given specific information as it relates to the side of the toll booth. The NCUTCD, two and is adequately qualified as being toll plaza lanes. Because this provision State DOTs, and a toll road operator related to the approach geometry and is guidance, deviations based on opposed this requirement for ticketed visibility of the toll plaza canopy signs. geometric constraints in which the systems. The FHWA agrees and The FHWA adopts the language in this distance specified is not available can excludes toll-ticket systems from this final rule, as proposed in the NPA. be made. The FHWA adopts the requirement in this final rule. 233. The FHWA adopts a new section provision in this final rule as proposed In the NPA, the FHWA proposed an numbered and titled Section 2F.15 in the NPA. The FHWA notes that the OPTION and associated STANDARD Advance Signs for Toll Plazas on recommendation suggests that these regarding the optional use of Diverging Alignments from Open-Road signs be placed at a location that avoids supplementary flashing yellow beacons ETC Account-Only Lanes (Section 2E.57 or minimizes any obstruction of the toll at ETC Account-Only canopy lanes. The in the NPA). Three toll road operators plaza canopy signs and lane-use control NCUTCD and two toll road operators supported the intent of the guidance signals, as proposed in the NPA. opposed this language, because they felt language in this section; however, they 234. The FHWA adopts a new section that the beacons would interfere with or provided comments reflecting their own numbered and titled Section 2F.16 Toll detract from the lane-use control experience. The significant comments Plaza Canopy Signs (numbered Section signals. The FHWA disagrees because are discussed herein. In the NPA, the 2E.58 in the NPA). This section contains the beacons are optional, but their FHWA proposed to recommend that the STANDARD, OPTION, and SUPPORT placement, if used, needs to be a ETC (pictograph) ONLY—NO CASH statements regarding signs over the STANDARD to assure that they are not (R3–16) regulatory sign with a center of the lanes on the toll canopy, inappropriately located so close to lane- downward pointing arrow over the display of the toll fee, and lane-use use signals that they would be center of each lane that will become an control signals. A toll road operator confusing. In the NPA, the FHWA Open-Road ETC lane be installed 1 mile supported the provisions as proposed in proposed prohibiting the use of lane-use and 0.5 miles in advance of the point the NPA. Several other toll road control signals to call attention to a lane where a separate alignment leading to operators submitted comments opposed for a specific toll payment type such as the toll plaza diverges from mainline- to the language or recommending ETC Account-Only lanes. A State DOT aligned Open-Road ETC Account-Only specific changes. and a toll road operator suggested that lanes. Two toll road operators suggested In the NPA, the FHWA proposed a the flashing of a standard circular that down arrows may be inappropriate requirement to provide a sign above the yellow signal indication within a lane- at the one mile location depending on center of each lane that is not an Open- use control signal face has become lane arrangement and traffic volume. In Road ETC Account-Only lane, mounted widely recognized as an indicator of an addition, they suggested that down on or suspended from the toll plaza open ETC Account-Only lane, and its arrows convey a more forceful and canopy, or on a separate structure use should be continued. The FHWA definitive message that action should be immediately in advance of the plaza, disagrees with the use of a standard taken by the driver at that location. The indicating the payment type(s) accepted circular traffic signal or beacon commenters felt that one mile may be in the lane and any restrictions or indications to display lane status, since too far in advance of the plaza to begin prohibitions of certain types of vehicles red X and downward green arrow lane- traffic separation by payment method. that apply to the lane. A State DOT use control signals are the appropriate The FHWA disagrees, because positive suggested that requiring a sign above the displays for this use. communication of lane use information center of each lane that is not an Open- In the NPA, the FHWA proposed to is necessary for efficient segregation of Road ETC Account-Only lane was allow the use of lane-use control signals traffic on the approach to an Open-Road excessive, and that their experience above the center of Open-Road ETC ETC/toll plaza bifurcation, just as it is showed that signs on the columns over Only lanes to indicate the open or for any other major bifurcation or split. ETC lanes have been very successful. closed status of the lane. Similar text Since these provisions are The FHWA disagrees, because signs on was proposed in Part 4, and is adopted recommendations, there is sufficient the columns or booths alone do not there in Section 4K.02 this final rule flexibility to use diagrammatic signing adequately relate this critical with revisions based on comments. The (as one toll road operator suggested) or information to individual travel lanes FHWA does not adopt the text in Arrow-per-Lane signs as adopted in approaching and through the toll plaza. Section 2F.16 regarding lane-use signals Chapter 2E, and there is no restriction The NCUTCD and a State DOT with Open-Road ETC Only lanes and on posting a distance message to convey suggested clarifying these signing instead adds a reference to Section the distance over which the lane requirements to more clearly indicate 4K.02 in this final rule. changes can be made. As a result, the that Open-Road ETC Account-Only In Section 2C.08 of the NPA, the FHWA adopts in this final rule the lanes are excluded from the FHWA proposed to add paragraphs language as proposed in the NPA. requirement. The FHWA believes that describing the use of Advisory Speed In the NPA, the FHWA proposed the language, as proposed in the NPA, plaques at toll plazas. The NCUTCD, recommending an additional set of clearly indicates that Open-Road ETC three State DOTs, two local DOTs, and overhead advance signs with lane Account-Only lanes are excluded, two NCUTCD members suggested information for the toll payment types however the FHWA clarifies the changes to the wording to clarify the use 800 feet in advance of the toll plaza. provision in this final rule to require the of Advisory Speed plaques in relation to Two toll road operators opposed this overhead signing, when mounted on a other signs at toll plazas. The FHWA recommendation because the provisions structure rather than the canopy, be decides to not allow the use of Advisory already include three sets of guide signs located such that each sign be clearly Speed Plaques at toll plazas

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66784 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

independent of other warning signs. 237. In the NPA, the FHWA proposed through 2B.28, and to reorganize the Instead, the FHWA adopts text in to add a section numbered and titled text into five sections (Sections 2B.26 Section 2F.16 describing the allowable Section 2C.43 Toll Road Begins Signs, through 2B.30) to improve the display of an advisory speed within a which, if adopted as a part of the consistency and flow of information and horizontal rectangular panel with a consolidation of toll-related signing improve its usability by readers. As black legend and yellow background information into a separate chapter, adopted in this final rule, the FHWA within the bottom portion of a canopy would be located in Chapter 2F. relocates those proposed sections to sign for an ETC Account-Only toll plaza Although ATSSA, a local DOT, and two new Chapter 2G, since they are related lane in which a regulatory speed limit toll road operators supported the sign, to preferential and managed lanes. The is not posted and in which vehicles are the NCUTCD, two other toll road sections are numbered and titled not required to stop. operators, and a State DOT opposed the Section 2G.03 Regulatory Signs for 235. The FHWA adopts a new section section and its associated signs because Preferential Lanes—General, Section numbered and titled 2F.17 Guide Signs there is no consensus on whether the 2G.04 Preferential Lane Vehicle for Entrances to ETC Account-Only beginning of a toll road should be Occupancy Definition Regulatory Signs, Facilities (Section 2E.59 in the NPA). designated with a regulatory, warning, Section 2G.05 Preferential Lane Periods This section contains SUPPORT and or guide sign because of variations in of Operation Regulatory Signs, Section STANDARD statements regarding the State laws. The FHWA believes that the 2G.06 Preferential Lane Advance use of guide signs at entrances to signing before the toll road begins Regulatory Signs, and Section 2G.07 facilities that are restricted to use only addresses this issue (see Sections 2F.10, Preferential Lane Ends Regulatory Signs. by vehicles with a registered ETC 2F.11 and 2F.13) and adequately 242. The FHWA in this final rule account. In the NPA, the FHWA address notification to road users of the adopts Section 2G.03 Regulatory Signs proposed to include managed lanes in last exit before entering a toll facility for Preferential Lanes—General (Section the provisions; however, in this final and the entrance to a toll facility. As a 2B.26 proposed in the NPA). Two toll rule the FHWA removes the provisions result, the FHWA does not adopt this road operators expressed concern that for managed lanes from this section proposed section and the associated the proposed language would now because FHWA adopts a new Chapter signs in this final rule. classify toll plaza lanes that segregate traffic by payment method as 2G in this final rule with provisions for Discussion of Amendments to Chapter managed lanes. A toll road operator preferential lanes and that there is a lack 2G—Preferential and Managed Lane of research or justification for supported the language as proposed in Signs applicability to non-HOV preferential the NPA. The NCUTCD, two State DOTs 238. The FHWA adopts a new chapter lanes, such as toll plaza lanes. The and two toll road operators suggested numbered and titled Chapter 2G operators suggested that text regarding removing specific references to Preferential and Managed Lane Signs. non-HOV preferential lanes should be ‘‘transponder,’’ as proposed in the NPA, Although not proposed as a separate limited to OPTION conditions until and changing the language to account chapter in the NPA, the FHWA adopts further research on safety and for other devices. The FHWA agrees and a separate chapter with 18 sections in applicability is available. The FHWA adopts revised language in this final this final rule to consolidate information disagrees with the suggested revision as rule to clarify that the section is that was proposed in other sections in an OPTION and adopts the language intended to apply to a variety of the NPA related to preferential and proposed in the NPA in this section but electronic toll collection systems. managed lanes. As discussed previously provides clarification in Section 2G.01 236. The FHWA adopts a new section in this preamble under General to address these concerns, explicitly numbered and titled Section 2F.18 ETC Amendments to the MUTCD, the FHWA stating that lanes that segregate traffic Program Information Signs (Section creates this separate chapter to address based on payment method are not 2E.60 in the NPA). In the NPA, the comments from practitioners that a considered to be preferential lanes. FHWA proposed allowing signs that separate chapter would be helpful. In the NPA, the FHWA proposed to inform road users of telephone numbers, 239. In Section 2G.01 Scope, the add GUIDANCE and OPTION Internet addresses, and e-mail addresses FHWA adopts relocated SUPPORT statements regarding the installation of for enrolling in an ETC program of a toll information from 2003 MUTCD Sections a post-mounted regulatory sign facility or managed lane, obtaining an 2B.26 and 2B.27 describing operational applicable only to a preferential lane on ETC transponder, and/or obtaining ETC considerations for preferential and a median barrier where lateral clearance program information, but only in rest managed lanes and additional is limited. Based on comments from the areas, in parking areas, or on low speed SUPPORT text providing cross- NCUTCD, a State DOT, and a toll road roadways. The NCUTCD, two State references to other pertinent operator expressing concerns that wider DOTs, and several toll road operators information in the MUTCD. signs are not legible when installed at a suggested that the proposed prohibition 240. In Section 2G.02 Sizes of skew relative to the approaching traffic of signs in areas other than rest areas, Preferential and Managed Lane Signs, and to resolve a conflict with an existing parking areas, and low speed roadways the FHWA includes STANDARD, STANDARD statement in Section 2A.18, was excessive and that some mechanism SUPPORT, and OPTION statements the FHWA revises the GUIDANCE should be allowed to display this referring to other sections in the statement in this final rule regarding information in other areas. The FHWA MUTCD for information on sign sizes, signs mounted on median barriers. As understands that road users benefit from consistent with similar provisions in the part of this change, in this final rule, the knowing how to obtain information chapters from which the provisions of FHWA adds a new STANDARD about ETC programs, and as a result this new chapter were relocated. The statement requiring that where lateral adopts an OPTION statement in this FHWA adopts this section to provide clearance is limited, Preferential Lane final rule allowing the use of ETC uniformity in Preferential and Managed regulatory signs that are post-mounted Program Information signs with Lane Sign sizes. on a median barrier and that are wider telephone numbers of four or fewer 241. In the NPA, the FHWA proposed than 72 inches shall be mounted with a numerals in certain other areas under to edit and relocate paragraphs within vertical clearance that complies with the certain specific conditions. and between existing Sections 2B.26 provisions of Section 2A.18 for

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66785

overhead mounting. This revision is only on a part-time basis. The FHWA that where lateral clearance is limited, also consistent with identical provisions adopts these changes in this final rule Preferential Lane warning signs that are in Sections 2G.08 and 2G.10. to provide clarification of an existing post-mounted on a median barrier and In this final rule, the FHWA adopts a requirement, based on comments from that are wider than 72 inches shall be STANDARD statement that is relocated the NCUTCD, three State DOTs, and mounted with a vertical clearance that from Section 2B.32 as proposed in the three toll road operators. complies with the provisions of Section NPA. This STANDARD is in regard to Finally, the FHWA in the final rule 2A.18 for overhead mounting. This applying provisions for regulatory signs adopts a GUIDANCE statement revision is also consistent with identical for preferential lanes to non-priced recommending that overhead (R3–14 provisions in Sections 2G.03 and 2G.10. managed lanes that are operated by series) or post-mounted (R3–11 series) 248. In this final rule, the FHWA varying vehicle occupancy requirements Periods of Operation signs should be relocates an existing provision to (HOV) or by using vehicle type installed at periodic intervals along the Chapter 2G in Section 2G.09 High- restrictions as a congestion management length of a contiguous or buffer- Occupancy Vehicle (HOV) Plaque strategy. This includes provisions for separated preferential lane where (Section 2C.64 proposed in the NPA). the use of changeable message elements continuous access with the adjoining This section contains OPTION and when certain types of vehicles are general-purpose lanes is provided. SUPPORT statements from the 2003 prohibited from using a managed lane or Although not proposed in the NPA, the MUTCD regarding the use of these when a managed lane is restricted to use FHWA adopts this recommendation in plaques and there are no substantive by only certain types of vehicles during this final rule to provide more flexibility changes to the information. certain operational strategies, and when in the placement of these signs by 249. As proposed in the NPA, the the vehicle occupancy required for use clarifying that signs need not be FHWA adopts four sections in this final of an HOV lane is varied as a part of a installed at periodic intervals on rule that include the existing material in managed lane operational strategy. facilities where access is restricted to Section 2E.59 of the 2003 MUTCD and 243. The FHWA in this final rule designated locations and is not substantially edits the contents to adopts Section 2G.04 Preferential Lane continuous with the adjoining general- improve consistency and understanding Vehicle Occupancy Definition purpose lanes. by grouping similar material together. Regulatory Signs (Section 2B.27 245. The FHWA adds a new section The resulting sections are numbered proposed in the NPA). This section numbered and titled Section 2G.06 and titled Section 2G.10 Preferential contains STANDARD, GUIDANCE, Preferential Lane Advance Regulatory Lane Guide Signs—General, Section SUPPORT, and OPTION statements Signs (Section 2B.29 in the NPA). This 2G.11 Guide Signs for Initial Entry regarding the use of regulatory signs. section contains GUIDANCE and Points to Preferential Lanes, Section The FHWA adopts a revised OPTION statements regarding the use of 2G.12 Guide Signs for Intermediate STANDARD statement in paragraph 07 these regulatory signs, as proposed in Entry Points to Preferential Lanes, and to clarify that the requirement for an the NPA. Section 2G.13 Guide Signs for Egress overhead Vehicle Occupancy Definition 246. The FHWA adds a new section from Preferential Lanes to General- sign in advance of the beginning of or numbered and titled Section 2G.07 Purpose Lanes. These four sections were the initial entry point to HOV lanes is Preferential Lane Ends Regulatory Signs proposed in the NPA as Sections 2E.51 applicable only to barrier- and buffer- (Section 2B.30 in the NPA). This section through 2E.54 respectively. In separated or contiguous preferential contains STANDARD and OPTION conjunction with these changes, the lanes, where access between the statements regarding the use of these FHWA adopts a variety of changes in preferential and general-purpose lanes regulatory signs, as proposed in the the technical provisions, sign designs, is restricted to designated locations. The NPA. and figures for preferential lane guide FHWA adopts this clarification to 247. The FHWA adopts in this final signing, as described in the following address comments from a State DOT rule a new section numbered and titled items, to reflect the state of practice for and two toll road operators that Section 2G.08 Warning Signs on Median correctly pointed out that the statement Barriers for Preferential Lanes (Section enhanced sign conspicuity and 2C.55 as proposed in the NPA). This legibility, and to reflect recent FHWA as proposed in the NPA was too broad 99 and needed to be limited to only certain section contains OPTION, STANDARD, policy guidance regarding traffic conditions. The FHWA agrees and and GUIDANCE statements regarding control devices for preferential lane adopts the revised STANDARD in this the use of warning signs applicable only facilities. final rule. to preferential lanes on median barriers. 250. The FHWA in this final rule 244. The FHWA in this final rule In the NPA, the FHWA proposed adopts Section 2G.10 Preferential Lane adopts Section 2G.05 Preferential Lane GUIDANCE and OPTION statements Guide Signs—General (Section 2E.51 as Periods of Operation Regulatory Signs regarding the installation of a post- proposed in the NPA). This section (Section 2B.28 proposed in the NPA). mounted warning sign applicable only contains SUPPORT, GUIDANCE, Although not proposed in the NPA, the to a preferential lane on a median STANDARD, and OPTION statements FHWA adopts a STANDARD statement barrier where lateral clearance is regarding preferential lane signing. in this final rule requiring that for limited. Based on comments from the Although not proposed in the NPA, the preferential lanes on which regulations NCUTCD, a State DOT, and a toll road FHWA clarifies in a STANDARD are in effect on a full-time basis, either operator expressing concerns that wider statement in this final rule that HOV the full-time Periods of Operation (R3– signs are not legible when installed at a lanes that are managed by varying the 11b and R3–14b) signs shall be used, or skew relative to the approaching traffic occupancy requirements in response to the legends of the part-time Periods of and to resolve a conflict with an existing changing conditions are also governed Operations (R3–11, R3–11a, R3–14, R3– STANDARD statement in Section 2A.18, by the provisions in this section. The 14a) signs shall be modified to display the FHWA adopts a revised GUIDANCE FHWA adds this statement to the legend 24 HOURS. In addition this statement in this final rule regarding 99 The FHWA’s policy guidance can be viewed at STANDARD prohibits the use of a full- signs mounted on median barriers. As the following Internet Web site: http:// time Periods of Operation (R3–14b) sign part of this change, the FHWA adopts a mutcd.fhwa.dot.gov/resources/policy/tcdplfmemo/ where the preferential lane is in effect new STANDARD statement requiring index.htm.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66786 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

distinguish that such HOV lanes are not 253. The FHWA in this final rule and white. The FHWA disagrees, as the governed by the provisions of adopts Section 2G.13 Guide Signs for purple header is reserved for priced or subsequent sections that deal with Egress from Preferential Lanes to tolled facilities and is not assigned to managed lanes that also use pricing as General-Purpose Lanes (Section 2E.54 as the lane; rather, it conveys information a management strategy. proposed in the NPA). In the NPA, the and the requirement for a vehicle to be In the NPA, the FHWA proposed to FHWA proposed a different title for this registered in an ETC account program to prohibit showing occupancy section, as well as additional content enter a priced managed lane. Once requirements for preferential lanes on that included signing for egress from within the lane, this requirement is not guide signs. A local DOT supported this preferential lanes to another highway. In displayed as the lanes are not named for provision, while a State DOT opposed this final rule, the FHWA adopts a or branded by the ETC account program. it. The FHWA adopts this prohibition separate Section 2G.15 for that The FHWA adopts the use of a black because the occupancy requirements are information. Section 2G.13 as adopted and white sign panel for a Pull-Through most appropriately displayed on contains STANDARD, SUPPORT, and sign in this final rule for a preferential regulatory signing. GUIDANCE statements regarding guide lane and addresses similar signing for To address comments from the signing for egress from preferential lanes priced managed lanes in Section 2G.18. NCUTCD, two State DOTs, and two toll to general-purpose lanes, as proposed in The FHWA also adopts the road operators, the FHWA adopts the NPA. recommendation to use Pull-Through reorganized and expanded provisions in The FHWA adopts the signs with the Exit Direction sign at this final rule to establish signing recommendation to use Pull-Through exits to direct access ramps, as proposed criteria for the initial and intermediate signs with the Egress Direction sign at in the NPA. A State DOT and two toll entry points into a preferential lane exits to direct access ramps, as proposed road operators suggested that Pull- from the general-purpose lanes. in the NPA. A State DOT and two toll Through signs should only be used Although proposed as a GUIDANCE road operators suggested that Pull- when warranted, such as for left exits. statement in the NPA, the FHWA adopts Through signs should only be used The FHWA disagrees because of the a STANDARD statement regarding the when warranted, such as for left exits. ambiguity between single-lane mounting of post-mounted Preferential The FHWA disagrees because of the preferential lanes and direct exits, Lane guide signs where lateral clearance ambiguity between single-lane whether left-hand or right-hand side. preferential lanes and direct exits, 256. The FHWA in this final rule is limited, to be consistent with whether left-hand or right-hand side. adopts ‘‘2G.16 Signs for Priced Managed revisions in Sections 2A.18, 2G.03, and Although not proposed in the NPA, Lanes—General.’’ Although not 2G.08 for clearance to light fixtures and the FHWA adopts a GUIDANCE proposed as a separate section in the sign supports. statement to recommend that NPA, the FHWA adopts this section that As proposed in the NPA, the FHWA consideration be given to the use of contains SUPPORT and STANDARD adopts the STANDARD requirement to overhead guide signs to display the statements that were proposed in use a LEFT plaque on top left edge of information related to egress from the Section 2E.61 of the NPA and the Advance Guide and Preferential preferential lanes, where two or more significantly expands background Lane Entrance Direction signs where the adjoining preferential lanes are present information on the signing needs for entry point is on the left-hand side of in a single direction. The FHWA adds managed lanes based on possible the general-purpose lanes. Two State this provision in conjunction with other combinations of operational strategies DOTs opposed this requirement for changes to address comments regarding employed, such as tolling or pricing, similar reasons discussed in Sections the visibility of signs installed on either alone or combined with an 2E.36 and 2E.40; however, the FHWA median barriers. occupancy requirement for non-toll adopts the requirement to maintain 254. The FHWA in this final rule travel, and whether eligibility for non- uniformity and enhance road user adopts Section 2G.14 Guide Signs for toll travel requires registration in a local understanding as described in Chapter Direct Entrances to Preferential Lanes program. To address comments from a 2E. from Another Highway. Although not traffic engineering consultant, the 251. The FHWA in this final rule proposed as a separate section in the FHWA provides a SUPPORT statement adopts Section 2G.11 Guide Signs for NPA, this section contains STANDARD referring to the figures illustrating the Initial Entry Points to Preferential Lanes and SUPPORT statements from advance signing sequence for priced (Section 2E.52 as proposed in the NPA). proposed Section 2E.53 in the NPA, lanes to begin 2 miles from the initial This section contains STANDARD, related to guide signing for direct access entry point due to the additional GUIDANCE, OPTION, and SUPPORT ramps to preferential lanes. informational needs of road users to statements regarding guide signing for 255. The FHWA in this final rule decide whether to use the lane and initial entry points to preferential lanes. adopts Section 2G.15 Guide Signs for whether they are eligible to use the lane 252. The FHWA in this final rule Direct Exits from Preferential Lanes to under certain operational strategies. adopts Section 2G.12 Guide Signs for Another Highway. Although not 257. The FHWA in this final rule Intermediate Entry Points to Preferential included as a separate section in the adopts ‘‘2G.17 Regulatory Signs for Lanes (Section 2E.53 as proposed in the NPA, as discussed above under Section Priced Managed Lanes’’ (Section 2B.32 NPA). This section contains 2G.13, this section contains proposed in the NPA). This section STANDARD, GUIDANCE, OPTION, and STANDARD, GUIDANCE, and contains STANDARD and OPTION SUPPORT statements regarding guide SUPPORT statements related to guide statements regarding regulatory signing signing for intermediate entry points to signing for direct exits from preferential for priced managed lanes and includes preferential lanes, as proposed in the lanes to another highway. In the NPA, new signs that are modified versions of NPA. Although not proposed in the the FHWA proposed the use of a black similar preferential lane signs in NPA, in this final rule the FHWA and white header panel on a Pull- response to comments from the relocates the information from the last Through sign. A State DOT and two toll NCUTCD and a toll road operator that STANDARD and SUPPORT statements road operators opposed the color, specific signs should be provided regarding signing for direct access stating that preferential lanes are instead of merely providing a reference ramps to a new Section 2G.15. assigned other colors, such as purple to a provision for a different application.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66787

258. The FHWA in this final rule and a State DOT opposed the use of the control devices for preferential lane adopts Section 2G.18 Guide Signs for word ‘‘EXPRESS,’’ because they felt that facilities.100 Priced Managed Lanes (Section 2E.61 it would imply limited access or limited 260. The FHWA adopts Figure 2G–17 proposed in the NPA). This section stops. The FHWA disagrees with Regulatory Signs for Managed Lanes provides STANDARD, SUPPORT, removing the use the term ‘‘EXPRESS,’’ (Figure 2B–10 in the NPA) to illustrate GUIDANCE, and OPTION statements but does revise the provision as adopted examples of signs described in Section related to guide signing for priced in this final rule to clarify that the signs 2G.17. ATSSA and a local DOT managed lanes with operational are intended for the managed lanes of a supported the sign illustrations, strategies such as tolls, vehicle freeway on which a toll is charged but whereas the NCUTCD suggested that the occupancy requirements, and vehicle which are available as an alternative to price signs shown in the figure should type restrictions that are variable and non-tolled lanes of the freeway. In be researched prior to placing them in put into effect on a real-time basis to addition, FHWA retains the designation the MUTCD. The NCUTCD, two toll respond to changing conditions. The of ‘‘Express Lane’’ because, by their road operators, and a State DOT FHWA adopts this separate section to nature of management strategies, such opposed the R3–31 sign illustrating the further clarify and specifically address toll rate on a per-mile basis. Based on the various combinations of operational facilities further limit access to intersecting routes and the adjacent these and other comments, the FHWA strategies for managed lanes that deletes the sign illustrating the rate per general-purpose lanes, and the include pricing or tolling as a mile and otherwise adopts the figure as designation, therefore, is appropriate. congestion management strategy, as proposed in the NPA, incorporating The FHWA also believes that, given the suggested in a comment by the additional signs that are similar to those NCUTCD. This new section also complexity of management strategies for preferential lanes, but with the provides for consistency with other that could be employed on such legends modified to accommodate adopted provisions regarding signing for facilities, specific terms strictly tied to priced managed lanes because to preferential lanes, and addresses the the individual management strategies provide consistency and uniformity in state of the practice in priced managed would become unwieldy and excessive signing practices for priced managed lanes. for motorists to comprehend and that lanes, which are becoming increasingly In the NPA, the FHWA proposed a the various management strategies common, and for which uniform signing requirement that guide signing for applied are more appropriately provisions are not currently contained priced managed lanes strictly comply communicated by the regulatory signing in the MUTCD. with the provisions in Sections 2G.10 and messages. In concert with similar through 2G.15. A toll road operator changes elsewhere in Part 2, the FHWA Discussion of Amendments Within suggested that this requirement was too adopts in this final rule revised Chapters 2H Through 2N restrictive, and recommended adding provisions to reserve the diamond 261. The FHWA adopts a new chapter options that would allow more flexible symbol exclusively for HOV lanes. numbered and titled Chapter 2H use of the purple background color. The 259. The FHWA adds several new General Information Signs. In the NPA, FHWA disagrees because the use of the the FHWA proposed to number this color purple is reserved for sign legends sign images and revises several existing sign images in Figure 2G–1 Examples of Chapter 2I; however, the chapter associated with the display of number changed due to the Preferential Lane Regulatory Signs information for ETC account program reorganization of the chapters adopted (Figure 2B–8 in the NPA) to illustrate registration requirements and in this final rule. This chapter contains the various regulatory signs used to information and is not intended to be several sections from Chapters 2D and used indiscriminately as an overall sign designate HOV and bus preferential 2E of the 2003 MUTCD in order to group background for other uses. The FHWA lanes. A local DOT supported the similar sign types in the same area of adopts in this final rule the requirement addition of several of the signs and the Manual. A State DOT supported this to comply with the provisions of plaques. The FHWA revises the figure new chapter. The new chapter includes Sections 2G.10 through 2G.15 except as from what was illustrated in the NPA to Section 2H.01 Sizes of General otherwise noted in this section. reflect comments regarding the design of Information Signs and Table 2H–1 The FHWA adopts the proposed certain signs. As part of these changes, (Section 2I.01 and Table 2I–1 proposed GUIDANCE recommending the display the FHWA revises the designs in the NPA) that establish the sizes of of comparative travel times for managed illustrated for the R3–12 series signs. A General Information signs. The FHWA lanes that are an alternative to general local professional organization also adopts Sections 2H.02 General purpose lanes. The NCUTCD and a State suggested that the design of the Bus DOT suggested that this Information Signs (I Series), 2H.03 Lane Ahead and HOV Lane Ahead signs Traffic Signal Speed Sign (I1–1), 2H.04 recommendation be removed and be revised to include a diagonal arrow, replaced with a more general provision Miscellaneous Information Signs, 2H.05 similar to the BEGIN RIGHT (LEFT) Reference Location Signs and since it has had no prior use or testing. TURN LANE (R3–20 series) signs. Two The FHWA disagrees and believes that Intermediate Reference Location Signs, toll road operators and a State DOT including an abstract provision would 2H.06 Enhanced Reference Location suggested that the R3–14 design does result in widely non-uniform practices Signs, 2H.07 Auto Tour Route Signs, not provide desirable information for and therefore adopts in this final rule and 2H.08 Acknowledgement Signs, the language as proposed, but revises preferential lanes that operate which contain information from the sign design to be in conformance continuously. The FHWA disagrees Sections 2D.46, 2D.47, 2D.48, 2D.49, with accepted sign layout practices and with the commenters and adopts in this 2D.50, 2E.54, and 2E.55 of the 2003 the requirements for guide signs for final rule Figure 2G–1, with some MUTCD. The FHWA adopts these minimizing the overall amount of revisions, to reflect the state of the sections in Chapter 2H in a sequence practice for improved conspicuity and information displayed on the sign. 100 In the NPA, the FHWA proposed the legibility of Preferential Lane regulatory This August 3, 2007 FHWA policy signs for HOV Lanes, and to reflect memorandum can be viewed at the following use of the word ‘‘EXPRESS’’ on guide Internet Web site: http://mutcd.fhwa.dot.gov/ signs for managed lanes. The NCUTCD recent FHWA policy guidance on traffic resources/policy/tcdplfmemo/index.htm.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66788 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

that presents the information in the result, the FHWA adopts in this final to group similar sign types in the same most logical order. rule a revised STANDARD and area of the Manual. The FHWA received 262. The FHWA adopts in this final information regarding the circumstances a comment from a local DOT supporting rule Section 2H.03 Traffic Signal Speed under which Auto Tour Route signs the creation of this new chapter. Sign (Section 2D.47 of the 2003 MUTCD may be installed on freeways and 267. The FHWA adopts in this final and Section 2I.04 in the NPA) with a expressways, and information about the rule Section 2I.01 Sizes of General revised paragraph 04 that increases the types of signs and assemblies to be used. Service Signs, and a new Table 2I–1 to minimum size of the Traffic Signal 265. The FHWA adopts in this final establish the minimum sizes of General Speed sign from 12 x 18 inches to 24 x rule Section 2H.08 Acknowledgement Service signs and plaques. ATSSA 36 inches to provide for suitable letter Signs (Section 2I.09 in the NPA.) As supported the addition of Table 2I–1, sizes, as proposed in the NPA. ATSSA proposed in the NPA, this section while a State DOT and an NCUTCD and a local DOT supported the contains SUPPORT, GUIDANCE, member opposed establishing increased sign size. Another local DOT STANDARD, and OPTION statements requirements for minimum sign sizes for suggested that it might be too large for regarding the placement and design of General Service signs. Those in urban conditions, given the narrow the signs that can be used as a way of opposition felt that the requirements space for signs due to landscaping, recognizing a company, business, or will no longer allow good engineering utility poles, etc., and might present volunteer group that provides a judgment in specifying signs that will structural problems when replacing highway-related service. Although the perform well, but are smaller than the existing signs on existing signal Motorist Information Services minimum dimensions in the new table. structures. The FHWA disagrees Association (MISA), an NCUTCD The FHWA disagrees and believes that because the current size is too small to member, and a local DOT supported this consistency in sizes of standardized sign be read by road users with 20/40 visual section, another NCUTCD member legends is intrinsic to the concept of acuity, even in urban situations, and opposed this new section, stating that uniformity and adopts the provisions as notes that the adopted sign is actually acknowledgement signs are not traffic proposed in the NPA. In response to a smaller than a standard lane-use sign control devices and do not belong in the comment from the NCUTCD suggesting used on signal structures and is no MUTCD. Five State DOTs and a local that many of the sign sizes in Table 2I– larger than other signal-related DOT opposed the requirements related 1 appear to be larger than necessary, the regulatory signs that are commonly to the sign design and placement, FHWA notes that the signs have been installed on mast arms or span wires. including the restriction on telephone designed and sized according to 263. In this final rule the FHWA numbers and Internet addresses, stating conventional design principles. adopts Section 2H.04 (Section 2E.55 of that more flexibility is needed. The 268. The FHWA adopts in this final the 2003 MUTCD and Section 2I.06 in FHWA disagrees with allowing more rule Section 2I.02 General Service Signs the NPA) with a revised title of flexibility and adopts the proposed for Conventional Roads that contains ‘‘Miscellaneous Information Signs’’ and provisions in this final rule to address information from Section 2D.45 and associated text to reflect the relocation the existing extreme variability in 2B.10 of the 2003 MUTCD in the NPA, of this section into the new Chapter 2H. acknowledgement sign design and no significant changes were proposed to 264. In the NPA, the FHWA proposed placement practices. The FHWA notes the information that is adopted in this to retain the title ‘‘Trail Signs’’ for that the restriction on telephone section. Section 2H.07 (numbered Section 2D.50 numbers and Internet addresses is 269. As proposed in the NPA, in in the 2003 MUTCD and Section 2I.08 consistent with other sections of the Section 2I.03 General Service Signs for in the NPA). However, to address a MUTCD and that that some agencies’ Freeways and Expressways (Section comment from the NCUTCD and one of current practices have prioritized 2E.51 of the 2003 MUTCD), the FHWA its members, in this final rule the acknowledgement signs over more changes the design of the Truck Parking FHWA titles Section 2H.07 as ‘‘Auto critical traffic control devices, which the (D9–16) sign, as illustrated in Figure 2I– Tour Route Signs’’ to better reflect the FHWA discourages. As a result, the 1. ATSSA supported the new symbol for content of this section. In the adopted FHWA believes it is important to the Truck Parking sign. A recent section, all occurrences of the word include sign design and placement study 102 tested several symbols for this ‘‘trail’’ have been replaced with ‘‘auto regulations in the MUTCD. In this final message and found that the message can tour route.’’ In the NPA, the FHWA rule, the FHWA adopts additional be successfully symbolized. The FHWA proposed to add a STANDARD information about the design of the adopts in this final rule the symbol that statement prohibiting the use of trail signs, including the location of the was found to be the easiest to signs on freeways or expressways sponsor acknowledgment logo, the comprehend and that provides the because trail signs were often maximum size of the sign display, and greatest legibility distance. misinterpreted to mean walking trails, a restriction on external and internal 270. As proposed in the NPA, the rather than marked vehicular routes. illumination. This information is based FHWA adopts in this final rule a new The NCUTCD and one of its members, on the FHWA policy memo ‘‘Optional section numbered and titled Section eight State DOTs, the National Park Use of Acknowledgment Signs on 2I.04 Interstate Oasis Signing, Service, numerous trail associations, Highway Rights-of-Way,’’ dated August containing SUPPORT, GUIDANCE, and citizens opposed the restriction of 10, 2005.101 STANDARD, and OPTION statements trail signs on freeways and expressways. 266. The FHWA adopts in this final regarding signing for facilities that have The FHWA agrees that there are some rule Chapter 2I General Service Signs. In been designated by a State as having situations where it is necessary to install the NPA, the FHWA proposed to Auto Tour Route signs on freeways or number this Chapter 2F. This chapter 102 ‘‘Design and Evaluation of Selected Symbol expressways in order to provide contains several sections from Chapters Signs,’’ Final Report, May, 2008, conducted by continuity between discontinuous Bryan Katz, Gene Hawkins, Jason Kennedy, and 2D and 2E of the 2003 MUTCD in order segments of conventional roadways that Heather Rigdon Howard, for the Traffic Control Devices Pooled Fund Study, can be viewed at the are designated as auto tour routes and 101 FHWA’s Policy Memo can be viewed at the following Internet Web site: http:// for which a freeway or expressway following Internet Web site: http:// www.pooledfund.org/documents/TPF-5_065/ provides the only connection. As a mutcd.fhwa.dot.gov/res-mem_ack.htm. symbol_sign_report_final.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66789

met the eligibility criteria of FHWA’s agrees and in this final rule adopts the separated rest area type of facility) for Interstate Oasis Policy.103 Although the placement information as a GUIDANCE drivers to install and remove tire chains MISA supported this new section, a statement, rather than a STANDARD, during winter weather conditions. Some State DOT opposed it because it felt that consistent with the provisions in States also provide similar areas for the Interstate Oasis program is not Section 2E.29. trucks and other heavy vehicles to check needed. The State DOT suggested that As proposed in the NPA, the FHWA their brakes in advance of the start of a sufficient information is provided adopts two paragraphs at the end of this long downhill grade. The NCUTCD and through the use of general service signs, section to allow the use of the four State DOTs opposed placing these specific service signs, and rest area Telecommunications Devices for the signs in Chapter 2I, because they felt signing. The FHWA adopts the section Deaf (TDD) symbol sign and the that these signs are not guide signs, as proposed to comply with the Wireless Internet Services (Wi-Fi) rather they are warning signs. The requirements of SAFETEA–LU symbol sign, to supplement advance FHWA does not consider these to be regarding the establishment of guide signs for rest areas if such warning signs, rather it considers these designation criteria and signing amenities are available. The FHWA types of areas to be roadside facilities requirements for these facilities. The adopts the TDD symbol based on the and the signs should be consistent in language of this section is based on the results of the Sign Synthesis Study 105 color and legend with those for other signing provisions of the FHWA’s that showed that several States are using roadside facilities. Interstate Oasis Policy.104 a similar sign, and because this sign 273. As proposed in the NPA, the The FHWA also adopts a unique design is specified by the Americans FHWA adopts a new Section 2I.08 symbol for use on separate Interstate With Disabilities Act to indicate Tourist Information and Welcome Oasis signs in conjunction with the facilities that are equipped with TDD. Center Signs (Section 2F.06 in the NPA) word message. ATSSA and a local DOT The FHWA adopts the Wi-Fi symbol that contains the information from supported the design of the Interstate sign because many rest areas are being Section 2E.53 of the 2003 MUTCD. The Oasis (D5–12) sign, while a State DOT equipped with wireless Internet service FHWA adopts this change, to group like and an NCUTCD member suggested that for road users visiting these areas and material in the same chapter. MISA the sign be classified as a D9 series many States are using word message or supported this new section. services sign, not a D5 series sign. The symbol signs to indicate the availability Additionally, as proposed in the NPA, FHWA disagrees and classifies the sign of this service in the rest area. A State the FHWA adopts a revised design of as a D5 series sign because it gives DOT suggested that there be a the Tourist Information (D9–10) sign, as direction to a specific facility that is not requirement to install supplemental illustrated in Figure 2I–1. A recent an individual service. Other D5 series plaques identifying the Wi-Fi symbol; study 108 found that the meaning of the signs are for roadside facilities, such as however, the symbol was evaluated and existing ‘‘question mark’’ symbol for Rest Area and Scenic Overlook. Based exhibited an acceptable level of this service is poorly understood by on a comment from a State DOT, the comprehension.106 The FHWA believes road users. The abbreviation ‘‘INFO’’ FHWA removes the sign image from the that a uniform symbol is needed for this was fully understood by 96 percent of adopted Figure 2I–1, since the panel is rapidly expanding signing practice and the participants in the human factors not used on its own, and retains the the human factors testing indicates that testing. Further, the FHWA believes that image in Figure 2I–4. the proposed symbol provides optimum the term INFO is understandable in 271. As proposed in the NPA, the comprehension, conspicuity, and most languages. Although the legibility FHWA adopts Section 2I.05 Rest Area legibility. MISA supported this new distance of the tested version of ‘‘INFO’’ and Other Roadside Area Signs, that section. was less than that of the symbol, the combines the text from Sections 2D.42, 272. The FHWA adopts in this final FHWA adopts a design featuring larger 2D.43, and 2E.52 of the 2003 MUTCD, rule two new sections numbered and and bolder letters to provide legibility so that similar information is located in titled Section 2I.06 Brake Check Area that is expected to be comparable to the one section. The FHWA adopts text Signs, and Section 2I.07 Chain Up Area question mark symbol, consistent with revisions to clarify the types of signs to Signs, as proposed in the NPA as minimum letter heights for guide signs. be used at rest areas and at scenic and Sections 2F.10 and 2F.11. The FHWA 274. As proposed in the NPA, the other roadside areas. Section 2D.42 of adopts these new types of signs based FHWA adopts in this final rule a new the 2003 MUTCD can be misinterpreted on the results of the Sign Synthesis Section 2I.09 Radio Information Signing as meaning that restrooms are required Study 107 that revealed that some States (Section 2F.07 in the NPA) that contains in order to use the Parking Area, use signs for these specific purposes. information from Section 2E.56 of the Roadside Table, Roadside Park, and Some States provide off-road areas (on 2003 MUTCD. In the last OPTION Picnic Area signs, which was not the shoulder or in a physically statement, the FHWA adopts a revised FHWA’s intent. Restrooms are only legend for the D12–4 sign using the required at locations designated as rest 105 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ word ‘‘CALL’’ rather than ‘‘DIAL’’ in FHWA, December 2005, page 48, can be viewed at areas. An NCUTCD member supported the following Internet Web site: http:// order to be consistent with the this revision. tcd.tamu.edu/documents/rwstc/Signs_Synthesis- terminology used on the adopted D12– A State DOT and an NCUTCD Final_Dec2005.pdf. 2 Carpool Information and D12–5 Travel member suggested that the requirements 106 ‘‘Design and Evaluation of Selected Symbol Information signs and to reflect current for installing advance roadside area Signs,’’ Final Report, May 2008, conducted by terminology. ATSSA and a local DOT Bryan Katz, Gene Hawkins, Jason Kennedy, and signs were too restrictive. The FHWA Heather Rigdon Howard, for the Traffic Control supported this change in legend text. Devices Pooled Fund Study, can be viewed at the 103 FHWA’s Interstate Oasis Policy, dated October following Internet Web site: http:// 108 ‘‘Design and Evaluation of Selected Symbol 18, 2006, can be viewed at the following Internet www.pooledfund.org/documents/TPF-5_065/ Signs,’’ Final Report, May 2008, conducted by Web site: http://frwebgate.access.gpo.gov/cgi-bin/ symbol_sign_report_final.pdf. Bryan Katz, Gene Hawkins, Jason Kennedy, and getdoc.cgi?dbname=2006_register&docid=E6-17367. 107 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ Heather Rigdon Howard, for the Traffic Control 104 FHWA’s Interstate Oasis Policy, dated October FHWA, December 2005, pages 46–47, can be Devices Pooled Fund Study, can be viewed at the 18, 2006, can be viewed at the following Internet viewed at the following Internet Web site: http:// following Internet Web site: http:// Web site: http://frwebgate.access.gpo.gov/cgi-bin/ tcd.tamu.edu/documents/rwstc/Signs_Synthesis- www.pooledfund.org/documents/TPF-5_065/ getdoc.cgi?dbname=2006_register&docid=E6-17367. Final_Dec2005.pdf. symbol_sign_report_final.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66790 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

275. The FHWA adopts in this final to two Specific Service signs, rather As proposed in the NPA, the FHWA rule Section 2I.10 TRAVEL INFO CALL than only on one. MISA and an also adopts OPTION, STANDARD, 511 Signs (Section 2F.08 in the NPA) NCUTCD member supported this GUIDANCE, and SUPPORT statements that incorporates text from Section change. A State DOT opposed limiting in this section regarding the use and 2D.45 of the 2003 MUTCD associated the number to two, while a State travel design of supplemental messages within with these signs. MISA supported this information council opposed allowing the logo sign panel. To enhance proposed new section. A State DOT more than one sign per service type recognition of the presence of a suggested that the FHWA allow because they felt that the overflow of supplemental message, the figures alternate designs of the sign that would service types onto two signs at one depict the logo sign panels with the eliminate the duplicate message ‘‘511’’ interchange would further complicate supplemental messages on a yellow by incorporating a larger scale the signing. The FHWA disagrees that background. The FHWA adopts this pictograph. The FHWA disagrees, signing would be further complicated, new text to incorporate messages, such because the suggested pictograph (the based on the fact that the total number as DIESEL and 24 HOURS that are trademarked 511 pictograph) has not of signs allowed has not changed. The helpful to road users. ATSSA, a State undergone legibility testing to FHWA adopts in this final rule the travel information council, MISA, an determine whether it can be used change as proposed in the NPA to NCUTCD member, and a traffic signing independently. reflect FHWA’s Interim Approval (IA–9) vendor supported the proposed 276. As proposed in the NPA, the to Display More than Six Specific language. In the NPA, the FHWA also FHWA adopts in this final rule a new Service Logo Panels for a Type of proposed restricting the number of Section 2I.11 Carpool and Ridesharing Service, dated September 21, 2006,109 supplemental messages on a logo panel Signing (Section 2F.09 in the NPA) that which allows for up to 2 Specific to just one. A State DOT opposed this contains information from Section 2E.57 Service signs containing up to 12 logos restriction but the FHWA disagrees of the 2003 MUTCD. The FHWA adopts for a given type of service. As part of because the recommendation of a this change because this material relates this change, the FHWA also adopts a maximum of one supplemental message to the content in Chapter 2I. paragraph 06 indicating that when a is based on driver information 277. In the NPA, the FHWA proposed service type is displayed on two signs, processing capabilities. An agency may, to relocate the information from Section the signs for that service type should through engineering judgment based on 2C.13 of the 2003 MUTCD to a new follow one another in succession. MISA, applicable design considerations and section numbered and titled Section a State DOT, and an NCUTCD member human factors, display more than one 2F.12 Truck Escape Ramp Signs. With supported this provision. Two State supplemental message if it deems it to the chapter reorganization adopted in DOTs felt that it would not be practical be essential to motorist direction. this final rule, it would have been for the signs to follow one another in In the NPA, the FHWA proposed to Section 2I.12. The FHWA proposed this succession, because their existing sign add recommendations regarding the change to clarify that these types of panels would have to be removed and specific minimum letter heights for the signs convey information on a form of relocated. The commenters suggested supplemental message for logo sign roadside facility (similar to rest areas, that the wording allow installation of panels on Specific Service signs for brake check areas, etc.), rather than additional service signs as space allows. various roadway classifications. A State warnings. Although a local DOT The FHWA declines revising the DOT and an NCUTCD member supported this change, the NCUTCD language as suggested because it is suggested that the proposed letter height and one of its members, six State DOTs, important that the signs be in of only 4 inches on a mainline freeway two local DOTs, and a citizen opposed succession to aid the driver in or expressway sign is too small, and truck escape ramp signs being reclassified, suggesting that this section recollection and decision making. recommended a minimum letter height and the associated signs remain in 280. In Section 2J.03 Logos and Logo of 6 inches. The FHWA notes that 4 Chapter 2C. Based on the comments, Sign Panels (Section 2F.03 of the 2003 inches represents the minimum letter FHWA agrees that truck escape ramp MUTCD), the FHWA proposed in the height, and agencies can use larger letter signs are only intended to communicate NPA to add to the first GUIDANCE heights. The 4-inch supplemental information in an emergency situation statement a recommendation that the legend was balanced with the and the escape ramp is not to be entered letter heights for word message logos recommendation for an 8-inch business except under such a condition, and thus should have the minimum letter heights name. In order to provide consistency a warning classification for the signs is described in Section 2J.05. A State DOT and to avoid repeating language, the more appropriate. The FHWA does not and a State travel information council FHWA does not adopt the adopt proposed Section 2F.12 in this commented that the minimum letter recommendation as proposed in the final rule, and retains the truck escape heights referenced in Section 2J.05 are NPA. Instead, in this final rule the ramp signs in Chapter 2C with black in a STANDARD statement. Therefore, FHWA adopts a STANDARD statement legends on yellow backgrounds. to avoid conflicts created by referencing that references Table 2J–1 for minimum 278. In this final rule the FHWA a STANDARD statement in a height requirements for letters and adopts Chapter 2J Specific Service Signs GUIDANCE statement, the FHWA does numerals on supplemental messages that contains the provisions of Chapter not adopt the GUIDANCE as proposed displayed within the logo sign panel. 2F of the 2003 MUTCD. This chapter in the NPA. Instead, in this final rule The FHWA adopts a new was numbered Chapter 2G in the NPA. the FHWA adopts a SUPPORT supplemental message for use with logo Significant proposed and adopted statement referencing Section 2J.05 for sign panels that may be used by changes to provisions of 2003 MUTCD minimum letter heights for logo sign businesses that are designed with Chapter 2F are discussed below. panels. facilities to accommodate the on-site 279. In the NPA, the FHWA proposed movement and parking of recreational to revise the STANDARD statement in 109 FHWA’s Interim Approval IA–9, dated vehicles (RVs). As proposed in the NPA, September 21, 2006, can be viewed at the following the language was developed based on Section 2J.02 Application (Section 2F.02 Internet Web site: http://mutcd.fhwa.dot.gov/ of the 2003 MUTCD) to indicate that a resources/interim_approval/pdf/ the conditions listed in Interim service type is allowed to appear on up ia_9_logopanels.pdf. Approval IA–8, dated September 6,

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66791

2005,110 as well as additional criteria compliant with the MUTCD would requirements for, additional logo sign deemed necessary, such as alternate RV occur. In addition, although not panels of the same specific service type Access supplemental message design proposed in the NPA, the FHWA adopts when more than six businesses of a and placement, and the need for an a GUIDANCE statement in this final rule specific service type are eligible for logo engineering study to demonstrate that a recommending that agencies using the sign panels at the same interchange. U-turn can be made by RVs, if U-turns RV Access supplemental message ATSSA, MISA, a local DOT, and an are needed to access the RV accessible should have a policy on the site NCUTCD member supported this new site desiring to be signed as such. The requirements needed to qualify for such provision as proposed in the NPA, proposed language created a significant a designation. This incorporates while three State DOTs and a State amount of interest, particularly within additional information from the Interim travel information council expressed the RV community. The FHWA received Approval regarding the need for States opposition. Those in opposition over 1,150 letters from RV owners, to develop a policy on site suggested that the additional logo sign many of whom are members of the requirements, as suggested in a panels of the same service type, beyond Family Motor Coach Association comment from a citizen. six, would lead to sign proliferation, (FMCA). All of those commenters The FHWA also adopts a new potentially causing driver confusion. supported the concept of RV signing. OPTION statement allowing the use of Some of the commenters stated that the Only one RV owner commented that RV the supplemental message OASIS purpose of the logo panels is to inform accessible sites should not be signed within the logo panel of a business that motorists of the specific services because there are too many signs along has been designated as an Interstate available at a particular interchange so the highway already and that special Oasis facility. As proposed in the NPA, that they can make informed decisions interest groups should not be candidates the FHWA adopts this additional about essential motorist services before for additional signing. The large number supplemental message to reflect the exiting the highway, and the fact that of members of the FMCA who submitted Interstate Oasis Program and Policy that one sign would have the full letters, as well as a few additional was published in the Federal Register complement of six specific service citizens, suggested that the FHWA on October 18, 2002.111 providers for a single type is a clear retain the existing sign designs Finally, in the NPA, the FHWA indication that the motorist will have a contained in the Interim Approval, proposed to add STANDARD, OPTION, number of choices for that service type primarily because the program has and GUIDANCE statements regarding at that interchange. Thus, these already been implemented in 15 States, the use of dual logo panels (two smaller commenters felt it is not necessary to and they are concerned about the costs logos on the same panel) on Specific identify each provider at that location. that those States would incur if they Service signs. The FHWA based this The FHWA understands the purpose of were forced to change their signs. These proposal on the results of research in the program and notes that States may 112 commenters felt that the 15 States that Texas which found that mixing food develop policies regarding the scope are already using these signs might and gas logos in a dual logo panel did and use of Specific Service signing and abandon the RV accessible program not significantly impact their might elect to use only General Service instead of upgrading the signs. ATSSA, effectiveness. Although a local DOT signing. The FHWA adopts this a State DOT, MISA, an NCUTCD supported this proposal, the NCUTCD provision as proposed in the NPA, member, a traffic engineering and one of its members, eight State based on the Interim Approval to consultant, and three citizens supported DOTs, a State travel information Display More than Six Specific Service the design proposed in the NPA for council, MISA, and a traffic signing Logo Panels for a Type of Service (IA– several reasons. Many thought that the vendor opposed it. Further review by 9), dated September 21, 2006.113 design in the Interim Approval the FHWA indicates that the research in 282. In the NPA, the FHWA proposed produced a cluttered appearance that Texas was a simulation only. In adding a STANDARD statement in was alleviated in the NPA design by addition, the FHWA has not received Section 2J.05 Size of Lettering (Section keeping the RV Access supplemental results from field experimentation 2F.05 of the 2003 MUTCD), specifying message within the logo sign panel. The underway in Texas and Kentucky to minimum letter heights for logo sign FHWA adopts the design proposed in support inclusion of dual logos at this panels consisting only of word legends the NPA, because the FHWA believes it time. As a result, the FHWA does not that are displayed on the mainlines of is important to contain the RV symbol adopt in this final rule the proposed use freeways and expressways and on within the borders of the business logo of dual logo sign panels on Specific conventional roads and ramps. ATSSA to make it easier for the travelling public Service signs. and a local DOT supported the letter 281. The FHWA adopts in Section to determine which service heights as proposed in the NPA. Four 2J.04 Number and Size of Signs and accommodates RVs and to simplify the State DOTs opposed the proposed sizes Logo Sign Panels (Section 2F.04 of the overall sign design. The FHWA points because they felt that the legend size on 2003 MUTCD) OPTION and out to the RV owners who submitted word-only logo sign panels should not STANDARD statements to permit the comments that, due to the systematic be mandated and should be consistent use of, and provide the associated upgrade provisions of Section with how trademarks are handled. The 655.603(d)(1) of title 23, Code of Federal FHWA disagrees because the purpose of 111 The Interstate Oasis Program and Policy can Regulations, the 15 States that have a minimum letter height is for legibility signs in place do not need to spend any be viewed at: http://mutcd.fhwa.dot.gov/res- policy.htm. of legends that do not have recognition funds on immediately upgrading their 112 ‘‘Effects of Adding Dual-Logo Panels to value by virtue of a unique graphic existing signs since they can keep their Specific Service Signs: A Human Factors Study,’’ by representation. Trademarked word existing signs in place until they need H. Gene Hawkins and Elisabeth R. Rose, 2005, graphic business representations to be replaced, at which time published in Transportation Research Record number 1918, is available for purchase from the replacement with a sign that is Transportation Research Board at the following 113 FHWA’s Interim Approval IA–9, dated Internet Web site: www.trb.org. A brief summary of September 21, 2006, can be viewed at the following 110 Interim Approval IA–8 can be viewed at the the research results can be viewed at the following Internet Web site: http://mutcd.fhwa.dot.gov/ following Web site: http://mutcd.fhwa.dot.gov/res- Internet Web site: http://pubsindex.trb.org/ resources/interim_approval/pdf/ interim_approvals.htm. document/view/default.asp?lbid=772254. ia_9_logopanels.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66792 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

constitute logos and are not subject to containing SUPPORT, STANDARD, Section 655.603(d)(1) of title 23, Code of this provision. The NCUTCD, one of its GUIDANCE, and OPTION statements Federal Regulations, States can keep members, and MISA supported the regarding these guide signs that are their existing signs in place until they letter heights, with the exception of the required along crossroads for facilities need to be replaced, at which time letter heights on ramps, which they felt that have logo panels displayed along replacement with a sign that is should be changed to 4-inch upper-case the main roadway and ramp, and that compliant with the MUTCD would and 3-inch lower case to reflect that require additional vehicle maneuvers to occur. ramp panels are half the size of reach. ATSSA supported this section as 286. In this final rule the FHWA mainline panels. The FHWA disagrees proposed in the NPA, while two DOTs adopts Chapter 2K Tourist-Oriented because of the need to maintain and a State travel information council Directional Signs that contains the legibility, regardless of panel size. In opposed the new section in its entirety, provisions of Chapter 2G of the 2003 this final rule, the FHWA adopts a specifically the mandating of the use of MUTCD. The FHWA did not propose reference in the STANDARD to a new Specific Service trailblazer signs, as any significant changes to this chapter Table 2J–1 with minimum letter and indicated in paragraph 02. Two numeral sizes for Specific Service signs additional State DOTs suggested that in the NPA (numbered 2H therein), nor according to sign type, rather than more flexibility be provided to allow does the FHWA adopt any significant repeating the detailed requirements in other official signs and legal outdoor changes to the text in this chapter in the STANDARD statement. The FHWA advertising signs to serve as substitutes this final rule. adopts the minimum letter heights in for Specific Service trailblazer signs, 287. The FHWA adopts in this final Table 2J–1 to provide letter heights that where it is not feasible or practical to rule a new Chapter 2L Changeable will enhance legibility for older drivers. install these signs. The FHWA disagrees Message Signs (Chapter 2M in the NPA.) This new table includes the sizes for because highway agencies do not The NPA contained information from Specific Service signs, logo panels, and control the content, format, or Sections 2A.07 and 2E.21 of the 2003 logo panel supplemental messages. continued presence of off-premise signs MUTCD as well as additional new 283. As proposed in the NPA, the and therefore reliance on off-premise information, organized into seven FHWA adopts Section 2J.08 Double-Exit signs is not advisable. The NCUTCD sections, specifically pertaining to the Interchanges (Section 2F.08 of the 2003 suggested relaxing the requirement that description, application, legibility and MUTCD) with a GUIDANCE paragraph facilities shall not be considered eligible visibility, design characteristics, 03 to recommend that where a service for signing from the ramp and main message length and units of type is displayed on two Specific roadway where it is not feasible or information, installation, and display of Service signs at a double-exit practical to install Specific Service interchange, one of the signs should travel times on changeable message trailblazer signs. The FHWA disagrees, signs. Five State DOTs, a local DOT, a display the logo panels for the service because the continuity of the system of type of the businesses that are accessible local association, and two toll road signs is essential to motorist guidance. operators suggested that FHWA clarify from one of the two exits, and the other The FHWA adopts this new section and sign should display the logo panels for the terms Changeable Message Sign an associated new figure, as proposed in (CMS), Dynamic Message Sign (DMS), the service type of the businesses that the NPA, to enhance the uniformity of are accessible from the other exit. MISA and Variable Message Sign (VMS), since this signing practice, which is being the terms are used differently and an NCUTCD member supported the used by many States. intent of this section, but suggested throughout the traffic engineering and revisions to allow for a ‘‘split-service’’ 285. The FHWA adopts Section 2J.10 the ITS/electronics industry. The FHWA sign format where two services would Signs at Intersections (Section 2F.09 of adopts in this final rule the term be displayed for one exit. The the 2003 MUTCD) and expands Changeable Message Sign (CMS) as it is commenters suggested that ‘‘split- paragraph 05, as proposed in the NPA, the standard nomenclature in the traffic service’’ signs where the top section to require that the action message or the engineering profession, and clarifies displays FOOD—EXIT 5A and the directional arrow shall all be on the that this term is synonymous with signs bottom section displays LODGING— same line as the type of service or below referred to as DMS and VMS. The EXIT 5A would not comply with the the logo sign panels. A State DOT FHWA adopts this new chapter to proposed text. The FHWA disagrees, opposed changing this to a requirement, consolidate all information about CMSs noting that the purpose of this provision because many of their signs do not meet into one location in the Manual and to is to avoid situations where one sign is this requirement and would need to be reflect the recommendations of split between each exit, not service replaced. The FHWA disagrees and extensive research on changeable category. An example would be one sign adopts the requirement in this final rule. message sign legibility, messaging, and displaying ‘‘FOOD—EXIT 5A’’ and The 2003 MUTCD language required the operations conducted over a period of ‘‘FOOD—EXIT 5B’’ followed by a action message or directional arrow to many years by the Texas Transportation second Food sign that also applies to be on the same line as the type of Institute.114 A State DOT, a traffic both exits with the same headings. The service, which was required to be above control device vendor, and a legal firm FHWA’s intent is that one sign should the logo(s), but provided an optional supported the creation of a consolidated alternative to display the action message read ‘‘FOOD—EXIT 5A’’ while the other chapter, whereas a local ITE chapter or directional arrow below the logo(s). reads ‘‘FOOD—EXIT 5B’’. This suggested that there needed to be The text adopted in this final rule provision does not preclude the display clarification on what types of CMSs are merely consolidates the 2003 OPTION of two services on one sign. The FHWA covered by this chapter. The FHWA and STANDARD statements, and the adopts paragraph 03, as proposed in the agrees and adopts clarifying text in this consolidated STANDARD continues to NPA, to provide consistency in logo final rule to distinguish between various signing for double-exit interchanges allow the action message or directional when a service type is displayed on two arrow to be either (1) above the logos on 114 Information on the many research projects on signs. the same line as the service type, or (2) changeable message signs conducted by the Texas 284. The FHWA adopts Section 2J.09 below the logos. Further, under the Transportation Institute (TTI) can be accessed via Specific Service Trailblazer Signs, systematic upgrade provisions of TTI’s Internet Web site at: http://tti.tamu.edu/.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66793

types of CMS and the applicability of that this information should be local DOTs, a traffic control device these provisions to each type. considered in the State’s policy on the vendor, and a local ITE section 288. The FHWA adopts Section 2L.01 use of CMSs and not included in the suggested revisions to the proposed Description of Changeable Message MUTCD. Based on a comment from a language or suggested that it be deleted Signs (Section 2M.01 in the NPA). State DOT, the FHWA also adopts in because it was too prescriptive. The ATSSA and a local DOT supported the this final rule a GUIDANCE statement FHWA adopts the language as proposed, proposed prohibition of advertising that when multiple CMSs are used to based on research evaluations 115 that messages on CMSs. A law firm address a specific situation, the message support the provisions. The FHWA suggested that States need to have an displays should be consistent to the understands that CMS technology is opportunity to allow advertising on driver along the roadway corridor and continuing to develop and will consider CMSs under controlled circumstances to adjacent corridors, and that different those developments in future assist with funding, thereby enabling operating agencies should coordinate rulemaking and/or policy guidance. modern CMS technology, which is a their messages accordingly. The FHWA adopts a requirement that vital element of the ITS program. The 290. In Section 2L.03 Legibility and CMSs automatically adjust their FHWA disagrees, as advertising in the Visibility of Changeable Message Signs brightness under varying light highway right of way is not permitted, (Section 2M.03 in the NPA), the FHWA conditions to maintain legibility. and the FHWA believes it is a had proposed adding a recommendation ATSSA supported this language. A State distraction from traffic conditions, in the NPA regarding care and DOT suggested that additional official traffic control devices, and the maintenance of the protective material clarification be provided. The FHWA driving task in general. ATSSA also on the front face of a CMS. Two State notes that Table 2A–5 provides supported the description of CMSs and DOTs opposed this language, stating it information for the use of a white the design language. was too prescriptive and that specific legend on a black background for the Although not proposed in the NPA, details regarding maintenance should colors of regulatory electronic the FHWA adopts a GUIDANCE not be included in the MUTCD. The changeable displays. statement in this final rule to FHWA agrees and does not adopt the The FHWA proposed in the NPA to consolidate and clarify existing proposed language in this final rule. recommend that the front face of a CMS provisions stating that blank-out signs 291. The FHWA adopts Section 2L.04 be covered with protective material. A that display only single-phase, Design Characteristics of Changeable State DOT, a local DOT, and a local ITE predetermined electronic-display Message Signs (Section 2M.04 in the chapter suggested that this legends that are limited by their NPA), as proposed in the NPA, which recommendation be removed, since composition and arrangement of pixels expands the elements that are there might be signs that do not need a or other illuminated forms in a fixed prohibited on CMSs to include protective front material. The FHWA arrangement (such as a blank-out sign advertising, exploding, scrolling, or agrees and does not adopt the reference indicating a part-time turn prohibition, other dynamic elements. Two State to protective material in this final rule. a blank-out or changeable lane-use sign, DOTs, three local DOTs, and an In GUIDANCE paragraph 11, the or a changeable OPEN/CLOSED sign for association of local ITS partners FHWA decides to remove the specific a weigh station), should conform to the suggested that sequencing arrows be recommended minimum values of provisions of the applicable section for allowed. The FHWA disagrees because luminance for CMSs because such the specific type of sign, provided that sequencing arrows are not appropriate precise information is more the letter forms, symbols, and other for CMSs that can accommodate word appropriately contained in other legend elements are duplicates of the legends that are comparable to static reference materials. Instead, the FHWA static messages, as detailed in the signs when installed at the roadside or adopts the GUIDANCE statement as a ‘‘Standard Highway Signs and in an overhead location. However, to recommendation that the luminance Markings’’ book. The FHWA adopts this address this issue, in this final rule the should meet industry criteria for CMS. language in this final rule to provide FHWA adopts a reference to Part 6 The FHWA adopts the recommended information regarding these types of regarding the use of flashing arrow range of luminance contrast as proposed signs, allowing greater flexibility in the boards for lane closures that are placed in the NPA. use of such signs. in the closed portion of a lane. The remaining paragraphs that were 289. The FHWA adopts Section 2L.02 As proposed in the NPA, the FHWA proposed in this section are related to Applications of Changeable Message adopts a recommendation that except in Signs (Section 2M.02 in the NPA), the case of a limited-legend CMS (such color messages and backgrounds on which allows the use of CMSs, both as a blank-out or electronic-display CMSs. ATSSA supported the proposed permanent and portable, by State and changeable message regulatory sign) that language, while several State and local local highway agencies to display is used in place of a static regulatory DOTs, traffic control device emergency, homeland security, and sign or an activated blank-out warning manufacturers, and an NCUTCD America’s Missing: Broadcast sign that supplements a static warning member suggested changes to the text or Emergency Response (AMBER) alert sign at a separate location, changeable suggested that the language be deleted. messages, in addition to safety or message signs should be used as a Some agencies felt that the language transportation-related messages already supplement to, and not as a substitute indicated that all CMSs are to be in included in the 2003 MUTCD. The for, conventional signs and markings. color. The FHWA disagrees, as only the FHWA also adopts a GUIDANCE ATSSA, a State DOT, a local DOT, and sign legend is required to be in color, statement, as proposed in the NPA, that a local chapter of ITE supported this not the background. Some commenters States have a policy regarding the language. did not know that the capability exists display of these types of messages. As proposed in the NPA, the FHWA for displaying the colors indicated in ATSSA and a State DOT supported adopts provisions for spacing between the NPA. The capability does exist and these changes. Another State DOT characters, words, and message lines, as 115 Information on the many research projects on suggested that additional messages be well as letter heights and width-to- changeable message signs conducted by the Texas allowed when used in a temporary height ratios of the sign characters, in Transportation Institute (TTI) can be accessed via traffic control zone. The FHWA believes this section. ATSSA, a State DOT, three TTI’s Internet Web site at: http://tti.tamu.edu/.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66794 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

some agencies have begun to use signs language as proposed in the NPA, in based on the National Park Service’s that employ more advanced this final rule. (NPS) updated Uniguide Standards technologies, however; FHWA believes The FHWA adopts a requirement that Manual,117 in addition to a few United that agencies have not specified the use techniques of message display such as States Forest Service standard symbol of the colors because of the lack of animation, rapid flashing, dissolving, signs for activities not covered in the standards and apparent or implied exploding, scrolling that travels Uniguide Standards. The Society for acceptance of existing technologies in horizontally or vertically across the face Environmental Graphic Design (SEGD) use. Based on the availability and of the sign, or other elements, shall not and Harpers Ferry Center (part of the effective use of signs that have the be used. This language is similar to the National Park Service) supported the capabilities to display full color the requirements in Sections 2L.04 and integration of SEGD Recreation Symbols FHWA adopts the language as proposed 6F.60. The Minnesota DOT and a local into the MUTCD, and suggested that in the NPA. Based on a comment from ITE section suggested that there needed even more of them be included in the a local ITE section, the FHWA also to be more guidance, particularly related MUTCD. The NCUTCD and one of its adopts information on the use of to moving arrows. The FHWA disagrees members, four State DOTs, two local symbols regarding resolution and with allowing the use of moving arrows DOTs, and the U.S. Army Corps of replication of static versions of signs. on permanent CMSs. However, to Engineers opposed the proposed 292. The FHWA adopts Section 2L.05 address this issue, the FHWA adopts a symbols for several reasons, including: Message Length and Units of reference to Part 6 regarding the use of (1) Some of them conflict with other Information (Section 2M.05 in the NPA), flashing arrow boards for lane closures. previously-adopted symbols in the with revisions to the STANDARD to 293. The FHWA adopts Section 2L.06 MUTCD; (2) they had not undergone clarify that each message on a CMS shall Installation of Permanent Changeable sufficient legibility testing; and (3) by consist of no more than two phases. Message Signs (Section 2M.06 in the adopting the proposed symbols, the Two State DOTs, seven local DOTs, an NPA) that contains recommendations on MUTCD would contain a mixture of association of local DOTs, and a traffic the factors that should be considered symbol systems, and therefore would engineering consultant opposed this when installing permanent CMSs that not be uniform. In consideration of the language, stating that it was overly are not used in place of static signs. comments, in this final rule the FHWA restrictive and that a third phase should ATSSA and a local DOT supported the adopts only the current versions of the be allowed. The FHWA disagrees, provisions in this proposed section. To NPS Uniguide symbols that do not because messages composed of more address a comment from the NCUTCD, conflict with symbols adopted by other than two phases exceed driver the FHWA adopts language in this final provisions of the MUTCD, and revises information processing capabilities and rule to clarify that CMSs should be the figures in Chapter 2M accordingly. adopts the language as proposed in the located upstream of known bottlenecks Because the symbols previously adopted NPA. Some of the commenters, as well and high-crash locations to enable by the MUTCD for roadway applications as an NCUTCD member, suggested that drivers to choose an alternate route. have undergone legibility and the language conflicted with the last 294. In the NPA, the FHWA proposed comprehension evaluations prior to GUIDANCE statement in the section to add Section 2M.07 Display of Travel adoption, FHWA determines that it is recommending an additional CMS to be Times on Changeable Message Signs. inappropriate to replace those already- used if the message required more than Although ATSSA supported this new adopted symbols with symbols that are two phases. To address this comment, section, several State and local DOTs, untested and complex in their designs. in this final rule the FHWA adopts a the NCUTCD and several of its In response to a comment regarding the revision the last GUIDANCE statement members, as well as other associations numbering of the symbols, the FHWA to clarify that the display of information provided various comments regarding adopts the current designations that would otherwise necessitate more the specific language or opposed the available at the time of rulemaking with than two phases would be handled by new section in its entirety because it is the presumption that the designations the use of two CMSs at separate not related to traffic control devices. adopted by the MUTCD will be adhered locations, each with distinct, Much of the proposed language to as revisions to the SEGD materials independent messages with a maximum included information about public evolve. The FHWA believes it is of two phases each. In this final rule the involvement. The FHWA agrees with important to establish the primacy of FHWA also adds to the GUIDANCE the commenters and does not adopt this statement an additional principle that the MUTCD as its contents are subject section in this final rule. The to the Federal rulemaking process. the duration between the displays of information is contained in the FHWA’s two phases should not exceed 0.3 In the NPA, the FHWA proposed 2004 policy document titled ‘‘Dynamic seconds, to clarify the issue of how long adding ‘‘Prohibited Activities and Message Sign (DMS) Recommended an interval between successive phases Items’’ as one of the usage categories for Practice and Guidance’’ 116 if agencies should be. recreational and cultural interest area The FHWA adopts a requirement, as would like more information. symbol guide signs in this section and proposed in the NPA, that each phase of 295. In the NPA, the FHWA proposed in Table 2M–1 (Table 2H–1 of the 2003 a message shall be understood by itself in Section 2M.04 General Design MUTCD and Table 2J–1 in the NPA). regardless of the sequence in which it is Requirements for Recreational and Based on comments discussed in the read. A State DOT, two local DOTs, and Cultural Interest Area Symbol Guide following item, the FHWA does not a toll road operator suggested that this Signs (Section 2H.04 of the 2003 adopt this usage category in this final language be changed to a MUTCD and Section 2J.04 in the NPA) rule. The FHWA revises Table 2M–1 to recommendation, or be applicable only to replace the entire set of recreational reflect the new set of signs, as well as to permanent CMS. The FHWA and cultural area symbol signs with a disagrees and believes that the logical new, updated, and expanded set of signs 117 Information about the National Park Service’s display of messages is critical to their Uniguide Standards Manual can be obtained from 116 Dynamic Message Sign (DMS) Recommended the National Park Service, Harpers Ferry Center, 67 comprehension and subsequent action Practice and Guidance, dated 7/16/2004, can be Mather Place, Harpers Ferry, WV 25425, telephone by road users to promote effective traffic viewed at the following Internet Web site: http:// 304–535–5050, Internet Web site http:// operation. The FHWA adopts the mutcd.fhwa.dot.gov/res-memorandum_dms.htm. www.nps.gov/hfc/products/uniguide.htm.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66795

figures within Chapter 2M that show the language as proposed, because principles and with provisions for other recreational and cultural signs. flexibility is needed based on whether recreational and cultural interest area 296. The FHWA adopts Section 2M.07 the associated arrow is pointing to the signs to address the fact that the Use of Prohibitive Circle and Diagonal left or right. information on these signs was Slash for Non-Road Applications Finally, the FHWA adopts relocated from another Chapter. (Section 2H.07 in the 2003 MUTCD and information in the last OPTION 300. The FHWA adopts Section 2N.03 Section 2J.07 in the NPA) with revisions statement permitting the use of Advance Evacuation Route Signs (Section 2I.03 of to the title and additional clarifying Turn or Directional Arrow auxiliary the 2003 MUTCD), with reorganized language to describe the appropriate use signs with white arrows on brown paragraphs, as proposed in the NPA, to of the prohibitive circle and diagonal backgrounds with Recreational and provide a more logical flow. The FHWA slash. The clarifying language is in Cultural Area Interest symbol guide also adopts information regarding the addition to the text proposed in the signs to create Recreational and Cultural design of the new Tsunami Evacuation NPA regarding signing for prohibited Interest Area Directional Assemblies. Route sign, as proposed in the NPA. The activities or items in recreational or Although not proposed in the NPA, the design is based on a symbol currently cultural interest areas when a standard FHWA adopts this language in this final being used in all Pacific Coast States. regulatory sign for such a prohibition is rule to provide agencies with the The FHWA also adopts the not provided in Chapter 2B. flexibility to create Recreational and clarification of the use of Advance Turn In the NPA, the FHWA proposed to Cultural Interest Area Directional Arrow (M5 series) and Directional specify that the red diagonal slash be Assemblies, similar to other assemblies Arrow (M6 series) auxiliary signs with placed behind the symbol, rather than that are permitted in the MUTCD. Evacuation Route signs in paragraphs 02 over it, consistent with National Park 298. The FHWA adopts Section 2M.09 and 03, as proposed in the NPA. Service standards. Although a local Destination Guide Signs (Section 2H.09 301. The FHWA adopts Section 2N.08 DOT, MISA, and an NCUTCD member in the 2003 MUTCD and Section 2J.09 Emergency Aid Center Signs (Section supported this text and the associated in the NPA), and deletes the first 2I.08 of the 2003 MUTCD), as proposed images proposed in Figure 2J–11, sentence of the second STANDARD in the NPA, and adopts an OPTION ATSSA, another NCUTCD member, a statement that restricted the use of statement allowing the use of a State DOT, and three local DOTs white on brown destination guide signs fluorescent pink background color when opposed the inconsistent use of the on linear parkway-type highways that Emergency Aid Center signs are used in slash, as well as all of the sign images primarily function as arterial an incident situation, such as during the in proposed Figure 2J–11. The FHWA connectors. This change proposed in the aftermath of a nuclear or biological agrees with the commenters and does NPA is the result of an amended attack. ATSSA and a local DOT not adopt the language regarding the red memorandum of understanding that was supported this change. The FHWA diagonal slash in this final rule, thereby signed in 2006 by the National Park adopts this change, because Emergency making the use of the slash consistent Service and the FHWA.119 MISA and an Aid Center (EM–6 Series) signs might be (symbol behind the slash). Also, the NCUTCD member supported this useful for incident situations. FHWA does not adopt Figure 2J–11. The change. 302. The FHWA adopts Section 2N.09 FHWA adopts revised sign images in the 299. The FHWA adopts Section 2M.10 Shelter Directional Signs (Section 2I.09 figures throughout Chapter 2M to show Memorial or Dedication Signing of the 2003 MUTCD), as proposed in the the slash in front of the symbol. (Section 2I.07 Memorial Signing in the NPA, with an OPTION statement 297. The FHWA adopts Section 2M.08 NPA), which is comprised primarily of allowing the use of a fluorescent pink Placement of Recreational and Cultural text pertaining to memorial and background color when Shelter Interest Area Symbol Signs (Section dedication signs that was in Sections Direction signs are used in an incident 2H.08 of the 2003 MUTCD and Section 2D.49 and 2E.08 of the 2003 MUTCD. situation, such as during the aftermath 2J.08 in the NPA) including the new The FHWA relocates the information on of a nuclear or biological attack. ATSSA binoculars symbol, as proposed in the these type of signs to Chapter 2M supported this change. The FHWA NPA, to denote wildlife viewing areas because they are more appropriately adopts this change, because Shelter 118 based on the Sign Synthesis Study, classified as a Recreational and Cultural Direction (EM–7 Series) signs may be which revealed that several States and Interest Area signs, rather than as useful for incident situations. the National Park Service were already General Information Signs. The FHWA using this symbol in this manner to Discussion of Amendments to Part 3— also revises the background color for Pavement Markings—General design an effective guide sign. The Memorial or Dedication Signs from 303. In the NPA, the FHWA proposed FHWA also adopts the OPTION green to brown. The FHWA adopts to remove all references to blue raised statement proposed in the NPA, revised statements within the section, as pavement markers for locating fire allowing the symbol on the Wildlife proposed in the NPA, in order to make hydrants from Part 3 because they are Viewing Area sign to be placed to the the information in this section regarding not considered to be traffic control left or right of the legend, and the arrow memorial and dedication signing devices. Two local DOTs agreed with to be placed below the symbol. MISA consistent with Section 2D.53 Signing of the proposal. The NCUTCD, a State and an NCUTCD member supported this Named Highways (Section 2D.49 of the DOT, and a traffic control device text and the associated symbol, while a 2003 MUTCD). Although not proposed manufacturer recommended keeping State DOT suggested that the symbol on in the NPA, the FHWA adopts the Wildlife Viewing Area sign should blue raised pavement markers in the GUIDANCE, STANDARD, and OPTION always be placed on the same side, MUTCD. Based on the comments, in statements regarding design similar to pictographs for street name this final rule the FHWA removes all recommendations, requirements, and signs. The FHWA disagrees, and adopts STANDARD, GUIDANCE, and OPTION options for these signs that are statements regarding blue raised consistent with general signing 118 ‘‘Synthesis of Non-MUTCD Traffic Signs,’’ pavement markers from the Manual, but FHWA, December 2005, can be viewed at the adds a new SUPPORT statement in following Internet Web site: http://tcd.tamu.edu/ 119 This Memorandum of Understanding can be documents/rwstc/Signs_Synthesis- viewed at the following Internet Web site: http:// Section 3B.11 stating that blue raised Final_Dec2005.pdf. mutcd.fhwa.dot.gov/res-policy.htm. pavement markers are sometimes used

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66796 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

to help emergency personnel locate fire relocation of Chapter 3C Object Markers with the STANDARD for applying other hydrants. and Section 3F.01 Barricades to Part 2 colors. The FHWA received comments 304. Based on a comment from a State because readers of the MUTCD have from the NCUTCD and two State DOTs DOT, the FHWA adopts the terms difficulty finding object markers in the recommending that red raised pavement ‘‘dotted lane line’’ and ‘‘dotted line 2003 MUTCD. In addition, most markers be allowed on two-way extension’’ instead of ‘‘dotted line’’ jurisdictions treat these devices as signs undivided roadways to indicate wrong- throughout Part 3 and the rest of the for purposes of inventory and policy. As way movement to vehicles. Research MUTCD to clarify the provisions discussed above in Chapters 2B and 2C, conducted by the Texas Transportation applicable to each. A ‘‘dotted lane line’’ in this final rule, the FHWA relocates Institute 122 supported the use of red is used to separate a continuing lane the information on barricades to the raised pavement markers on the left side from a non-continuing lane, while a adopted Section 2B.67 Barricades and of two-way undivided roadways to ‘‘dotted line extension’’ is used to the information on object markers to indicate wrong-way movement to extend a line through an intersection or Sections 2C.63, 2C.64, 2C.65, and 2C.66. vehicles traveling on the wrong side of taper area. 308. As proposed in the NPA, the the center line. The FHWA agrees with 305. As proposed in the NPA, the FHWA adopts in this final rule OPTION the research and in this final rule adopts FHWA adopts the optional use of statements in various sections within an expanded paragraph 04 to allow the appropriate route shield pavement Part 3 to allow the use of retroreflective use of red raised pavement markers on marking symbols (including appropriate or internally illuminated raised travel lanes where the color red is colors) to assist in guiding road users to pavement markers in the roadway visible to traffic proceeding in the their destinations. The NCUTCD immediately adjacent to curbed noses of wrong direction. commented that colors of State route raised medians and curbs of islands, or The FHWA proposed to add shield markings should also be allowed on top of such curbs, based on paragraph 06 explaining the use of and the FHWA agrees. The FHWA recommendations from the Older Driver purple markings to supplement lane includes a figure illustrating several handbook.121 This is an effective line or edge line markings for toll plaza examples of route shield pavement practice commonly used to aid road approach lanes that are to be used only markings. users in identifying these channelizing by vehicles with registered Electronic 306. As proposed in the NPA, the features at night. Toll Collection (ETC) accounts. The FHWA adopts language to clarify that NCUTCD, two State DOTs, and two toll dotted lane lines, rather than broken Discussion of Amendments Within Chapter 3A road operators opposed the mention of lane lines, are to be used for non- purple lines because of concerns over 309. In Section 3A.02 Standardization continuing lanes, including acceleration visibility and the requirement to use the of Application, in the NPA the FHWA lanes, deceleration lanes, and auxiliary color purple. The FHWA disagrees with proposed revising the OPTION lanes. Sections 3A.06, 3B.04, 3C.02, and these comments because purple was 3D.02 all contain information on the use statement about temporary masking of already established in the 2003 MUTCD of dotted lane lines for these uses. The markings. A State DOT expressed for future use, purple as used on both FHWA also adopts revisions to the concern about the tape being able to signs and markings is visible at night as various figures in Chapter 3B that match the color of the pavement. The a distinct color, and purple is being illustrate the adopted provisions on FHWA disagrees with this comment included for optional, not mandatory, proper uses of the different types of because the NPA wording use for markings. A State DOT and four lines and adds figures where needed to ‘‘approximately the same color’’ allows toll road operators agreed with the better illustrate the text on the use of sufficient flexibility. A toll road revision, but recommended removing dotted lane lines. As documented in operator recommended adding a mention of ETC transponders in regard NCHRP Synthesis 356,120 a number of durability requirement for tape and States and other jurisdictions currently requiring that the tape be fully to allowable use of an ETC lane and, as follow this practice, which is also the maintained. The FHWA disagrees with discussed previously in Chapter 2F, the standard practice in Europe and most this comment because the MUTCD does FHWA agrees and revises the other developed countries. The FHWA not specify durability times or ‘‘full terminology to refer to ETC Account- believes that the existing use of a maintenance’’ of any markings. The Only lanes. This new paragraph is normal broken lane line for these non- FHWA adopts the revised OPTION consistent with other changes in Part 2 continuing lanes does not adequately statement in the final rule as proposed of the MUTCD regarding the use of the inform road users of the lack of lane in the NPA. color purple for signing to readily continuity ahead and that the 310. In the NPA, the FHWA proposed identify lanes that are to be used only standardized use of dotted lane lines for in Section 3A.05 Colors (numbered by vehicles with registered ETC non-continuing lanes as adopted in this Section 3A.04 in the NPA) to limit the accounts. final rule will better serve this use of red raised pavement markers to 311. As proposed in the NPA, the important purpose in enhancing safety truck ramps, one-way roadways, and FHWA adopts in Section 3A.06 and uniformity. Sections 3B.04 and ramps. A toll road operator (numbered Section 3A.05 in the NPA), 3B.09 below contain further discussion recommended relocating the text to a a change in the title to ‘‘Functions, of dotted lane lines. section specifically concerning raised Widths, and Patterns of Longitudinal 307. In the NPA, the FHWA proposed pavement markers. The FHWA Pavement Markings.’’ Based on a to place the information on object disagrees because this section provides comment from a toll road operator markers and barricades in a new chapter the STANDARD for the application of titled Chapter 2L Object Markers, 122 ‘‘Red Retroreflective Pavement Markings: red raised pavement markers consistent Driver Understanding of Their Purpose,’’ by Jeffrey Barricades, and Gates. This involved the D. Miles, Paul J. Carlson, Brooke Ullman, and Nada 121 ‘‘Guidelines and Recommendations to Trout, was published by the Transportation 120 NCHRP Synthesis 356, ‘‘Pavement Markings— Accommodate Older Drivers and Pedestrians,’’ Research Board in Transportation Research Record Design and Typical Layout Details,’’ 2006, can be FHWA Report no. FHWA–RD–01–051, May 2001, 2056, 2008, pages 34–42, and can be viewed at the viewed at the following Internet Web site: http:// can be viewed at the following Internet Web site: following Internet Web site: http:// onlinepubs.trb.org/onlinepubs/nchrp/ http://www.tfhrc.gov/humanfac/01105/cover.htm. trb.metapress.com/content/p006183142152145/ nchrp_syn_356.pdf. Recommendations #I.C(2), I.C(4f), and I.F(2). fulltext.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66797

regarding the general function of a low-speed roads, low-volume roads, minimum taper lengths. A local DOT dotted line, the FHWA adopts a revision school zones, and parking aisles. In recommended changing the to the STANDARD statement in addition, several of the commenters STANDARD to GUIDANCE to allow paragraph 01 item D to read, ‘‘A dotted mentioned that single solid yellow more flexibility to practitioners in low- line provides guidance or warning of a center lines are sometimes used in speed urban conditions, such as some downstream change in lane function’’ in Europe and Canada, and that a single traffic calming and parking situations. order to more accurately describe the line is more cost effective than a double The FHWA agrees that flexibility is function of the dotted line. solid yellow center line. The FHWA needed, similar to that given in Part 6 The FHWA received comments from disagrees with these comments because for taper lengths at flagger stations and the NCUTCD, a State DOT, and a local there have been no studies showing the for shifting tapers, and the FHWA can DOT recommending removal of the effectiveness or road user understanding find no recent research basis for the proposed wording ‘‘continuing lane’’ of a single solid yellow center line, longstanding minimum values for either and ‘‘non-continuing lane’’ in the especially in regard to passing urban or rural conditions in the GUIDANCE statement regarding the prohibitions, there is no defined STANDARD. Therefore, the FHWA lengths of line segments and gaps for meaning of a single yellow center line adopts paragraph 16 as GUIDANCE. The dotted lines. The FHWA agrees and in in regard to passing or no passing, and value of taper length calculated by the this final rule the proposed phrase this marking has not been allowed by formula remains as the recommended concerning separation of a continuing the MUTCD. Some agencies have minimum for any given condition of lane and non-continuing lane is improperly used a single solid yellow speed and offset. removed from paragraph 06. The FHWA center line because of the lack of a 315. In the NPA, the FHWA proposed received comments from a State DOT specific prohibition statement. The in Section 3B.03 Other Yellow and a toll road operator opposed to the FHWA adopts paragraph 05 as proposed Longitudinal Pavement Markings to existing language recommending 3-foot in the NPA. change the first OPTION to GUIDANCE line segments and 9-foot gaps for dotted The FHWA proposed in the NPA to in order to recommend for certain lines because they wanted more add SUPPORT paragraph 08, which conditions, rather than just permit, the flexibility. The FHWA disagrees and references sections of the Uniform use of arrows with two-way left-turn declines to revise the dimensions in Vehicle Code (UVC) that contain lanes. A State DOT asked for guidance order to encourage increased information regarding left turns across on the distance between sets of two-way consistency in the dimensions for center line no-passing zone markings left-turn lane arrows. The FHWA dotted lines based on their function, and paved medians. The NCUTCD and disagrees that a distance is needed while still allowing flexibility for a State DOT supported the revision. because it depends on several factors, agencies. The recommended dimensions Two State DOTs and a consultant such as speeds, geometry, and reflect the most common practice as disagreed with the revision, stating that intersection spacing. The NCUTCD documented in NCHRP Synthesis the sentence is unnecessary, that the supported the proposed change, but 356.123 UVC is not readily available without recommended relocating the text to 312. In the NPA, the FHWA proposed purchase, and that the UVC is not Section 3B.20. A consultant agreed with a new section titled Section 3A.06 applicable in all States. The FHWA the proposal, but made an editorial Definitions Relating to Pavement disagrees, because the UVC is the model recommendation. Four State DOTs, five Markings, containing definitions of the for State laws and the FHWA supports local DOTs, and two NCUTCD members terms ‘‘neutral area,’’ ‘‘physical gore,’’ adoption of the UVC by all States for opposed upgrading the paragraph from and ‘‘theoretical gore.’’ Based on their motor vehicle laws as a necessary OPTION to GUIDANCE because of comments from the NCUTCD, three component of traffic control device concerns about potential for increased State DOTs, and two local DOTs, the uniformity, and because the sentence maintenance costs. The FHWA adopts FHWA in this final rule modifies the provides clarification. The information paragraph 04 as GUIDANCE, but definitions to enhance accuracy and was contained in the 1988 MUTCD, and relocates the text describing the clarity and relocates the information to the lack of this information in the 2000 placement locations for two-way left- Section 1A.13, where all definitions are and 2003 Editions of the MUTCD has turn lane-use arrow pavement markings located. generated questions and indicates the to Section 3B.20, where it more logically 124 Discussion of Amendments Within need to provide the information in this belongs. The NCHRP Synthesis 356 Chapter 3B edition. The FHWA adopts the language highlighted a variety of marking issues as proposed in the NPA. for which additional uniformity could 313. In the NPA, the FHWA proposed 314. In the NPA, the FHWA proposed be provided to aid road users. The a new STANDARD statement in Section in Section 3B.02 No-Passing Zone synthesis found that the use of arrows 3B.01 Yellow Center Line Pavement Pavement Markings and Warrants to add in two-way left-turn lanes at the start of Markings and Warrants to specifically an OPTION permitting the use of yellow the lane and at other locations along the prohibit the use of a single solid yellow diagonal markings in the neutral area lane, as needed, is the predominant line as a center line marking on a two- between the two sets of no-passing zone practice. The FHWA also modifies the way roadway. Two State DOTs and a markings, reflecting common practice figures that contain arrows in two-way local DOT agreed with the proposal in for discouraging travel in that area. A left-turn lanes to show when they are the NPA. Six commenters, including local DOT agreed with the revision, but recommended and when they are three local DOTs, two consultants, and recommended making the paragraph a optional. a retailer, opposed the revision. The STANDARD. The FHWA disagrees with 316. In the NPA, the FHWA proposed commenters suggested that a single the commenter because no studies have in Section 3B.04 White Lane Line solid yellow center line be allowed on been performed to justify making the Pavement Markings and Warrants a markings mandatory. The FHWA adopts 123 NCHRP Synthesis 356, ‘‘Pavement Markings— in this final rule paragraph 13 as 124 NCHRP Synthesis 356, ‘‘Pavement Markings— Design and Typical Layout Details,’’ 2006, can be Design and Typical Layout Details,’’ 2006, can be viewed at the following Internet Web site: http:// proposed in the NPA. viewed at the following Internet Web site: http:// onlinepubs.trb.org/onlinepubs/nchrp/ The FHWA received one comment onlinepubs.trb.org/onlinepubs/nchrp/ nchrp_syn_356.pdf. regarding the existing language for nchrp_syn_356.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66798 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

STANDARD specifying that dotted lines trapped in the lanes that are ending. The users, and that a seven-year phase-in are required for acceleration, FHWA disagrees and notes that period is longer than the life of most deceleration, and auxiliary lanes. The extending the dotted white lane line to markings and will allow State and local NCUTCD, a State DOT, a local DOT, and the downstream end of the acceleration highway agencies and owners of private two citizens agreed with the proposal. taper is an OPTION and its use in some roads open to public travel to spread out Two State DOTs and a local DOT conditions can help drivers determine the work over a reasonable time period opposed the revision and requested that the length of the taper during periods of and thus minimize any impacts. dotted lines not be required, but did not darkness and help drivers avoid trying 317. In Section 3B.05 Other White indicate reasons. The FHWA believes to merge into heavy traffic prematurely. Longitudinal Pavement Markings, the uniformity is needed and adopts in this The FHWA adopts the language as FHWA proposed language in the NPA to final rule the language as proposed in proposed with minor editorial changes. clarify the requirements for the NPA with minor editorial changes. The FHWA also revises the language channelizing lines in gore areas The FHWA received several for widths of dotted lines throughout alongside the ramp and through lanes comments regarding the proposal in the Section 3B.04 to provide clarification. A for exit ramps and entrance ramps in NPA to require the use of wide dotted State DOT, two local DOTs, and a order to improve uniformity in white lane lines for lane drops. The citizen expressed confusion concerning application and to reflect the NCUTCD, a State DOT, three local the text and associated figures proposed predominant practice as documented in DOTs, and a citizen agreed with the in the NPA. The FHWA adopts language NCHRP Synthesis 356.125 The NCUTCD, proposal, but recommended text clarifying that wide dotted lines are to three State DOTs, and a local DOT revisions for clarity. Three State DOTs, be used in advance of lane drops and for agreed with the proposal, but two local DOTs, and a citizen opposed auxiliary lanes, which are really just a recommended revisions that included the proposed requirement because they special case of a lane drop, and that only extending the channelization line wanted flexibility to use other markings. normal width dotted lines are to be used for entrance ramps with tapered The FHWA believes uniformity is for other dotted lane lines and dotted acceleration lanes to a point at least half needed and adopts the required use of extensions of lines. The FHWA also the distance from the theoretical gore, to lane drop markings as proposed in the updates the figures throughout Part 2 more accurately reflect predominant NPA with minor editorial changes and and Part 3 for consistency with the text practice to allow earlier merging into adds a sentence to the GUIDANCE to regarding dotted lane lines. the mainline lane. A State DOT opposed clarify that, for lane drops at The FHWA establishes a target the proposal and recommended that the intersections, the lane drop marking compliance date of December 31, 2016 STANDARD be changed to an OPTION. should begin no closer to the (approximately seven years from the The FHWA disagrees with reducing this intersection than the furthest upstream effective date of this final rule), or to an OPTION, because uniformity is regulatory or warning sign associated roadway resurfacing, whichever occurs needed to minimize road user with the lane drop. The FHWA also first, for the replacement of broken confusion, and in this final rule adopts adds ‘‘in advance of freeway route splits white lane lines with dotted white lane the language as proposed in the NPA with dedicated lanes’’ as an additional lines required to achieve compliance but with the suggested change regarding required use for wide dotted white line with these provisions at existing tapered acceleration lanes. markings, because this situation is locations. The FHWA establishes this The FHWA also adopts a third similar to a lane drop. target compliance date because of the drawing to Figure 3B–9 for additional In this final rule, the FHWA revises road user confusion that would likely clarification of channelizing line the language in paragraph 06 item D for occur as a result of a long-term mixing markings for tapered entrance ramps. auxiliary lane markings ‘‘between two of the application of both broken lane 318. In Section 3B.08, Extensions or more adjacent intersections’’ to lines and dotted lane lines for non- Through Intersections or Interchanges, a ‘‘between two adjacent intersections’’ continuing lanes. These locations consultant suggested that the existing based on comments from a State DOT typically involve merging or lane GUIDANCE text from the 2003 MUTCD and a local DOT. changing and have a high potential for recommending that edge lines should Based on the comments discussed crashes if road users misunderstand or not be extended through major above dealing with lane drop markings are confused by the markings. The intersections or major driveways as and auxiliary lane markings, the FHWA FHWA believes that, without a specific solid lines, be changed to a adopts three additional drawings to target compliance date, replacing STANDARD. The FHWA agrees because Figure 3B–10 and a new Figure 3B–11 existing broken lane lines with dotted such a provision is already a to better illustrate the provisions of the lane lines under the geometric STANDARD in Section 3B.06 and text. conditions where dotted lines are adopts paragraph 06 as a STANDARD in The FHWA received several required in this final rule might be this final rule for consistency. comments regarding the proposed delayed by some agencies until the 319. In Section 3B.09, Lane-Reduction STANDARD in the NPA requiring the existing markings are totally worn off. Transition Markings, the FHWA use of dotted white lane lines at Most agencies restripe their markings proposed in the NPA to revise entrance ramps with parallel when they are worn to a degree, but paragraph 08 to recommend that a acceleration lanes and the OPTION to well before they are totally absent from dotted lane line be used approaching a extend the dotted lane line to the the pavement, due to safety issues with lane reduction, consistent with the downstream end of the acceleration unmarked pavement. Further, Portland proposed use of dotted lane lines for taper. The NCUTCD, three State DOTs, cement concrete pavements have a very other conditions in which a lane does and a local DOT agreed with the long service life, especially in southern not continue ahead. The FHWA proposal, but recommended text climates, thus making the intervals received several comments on this revisions. Two local DOTs opposed the between resurfacings very long. The proposed OPTION to allow the dotted FHWA anticipates that the required 125 NCHRP Synthesis 356, ‘‘Pavement Markings— lane line to extend to the downstream replacement with the new lane line Design and Typical Layout Details,’’ 2006, can be viewed at the following Internet Web site: http:// end of the acceleration taper because marking pattern at existing locations onlinepubs.trb.org/onlinepubs/nchrp/ they believe that drivers could be will provide safety benefits to road nchrp_syn_356.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66799

proposal. The NCUTCD, two State local DOTs opposed the statement because raised markers can cause DOTs, four local DOTs, two toll road because urban conditions cannot always bicyclists using the shoulder to lose operators, and a citizen agreed with the accommodate the requirement. control if they accidentally drive over proposal, but recommended several Consistent with the same change in the markers. The FHWA believes that changes, including changing the Section 3B.02, the FHWA in this final there are many locations where raised sentence to an OPTION, requiring the rule modifies paragraph 05 from markers can be used on right-hand edge use of wide dotted white lines instead STANDARD to GUIDANCE. lines where bicycles are not allowed on of normal dotted white lines, and In the NPA, the FHWA proposed to a highway and/or to enhance safety allowing the use of either dotted white change an existing OPTION to overall, without compromising safety lines or broken white lines as lane GUIDANCE to recommend, rather than for bicyclists. Therefore, in this final reduction markings. Four State DOTs just permit, that where observed speeds rule the FHWA removes the existing and two local DOTs opposed the exceed posted or statutory speed limits, GUIDANCE and adopts a new revision. Although lane-reduction longer tapers should be used. Two State GUIDANCE paragraph 02 that reads as transitions share many characteristics in DOTs and a local DOT opposed the follows: ‘‘Raised pavement markers common with lane drops and auxiliary revision. The FHWA in this final rule should not supplement right-hand edge lanes, the FHWA believes that removes the statement because it is lines unless an engineering study or additional research and experimentation unnecessary, as the formula for taper engineering judgment indicates the with dotted lane lines on the approach length based on speed is provided benefits of enhanced delineation of a to lane-reduction transitions would be earlier in the section. curve or other location would outweigh beneficial before adopting the dotted 321. In Section 3B.11, Raised possible impacts on bicycles using the lane line markings for this application. Pavement Markers—General, the FHWA shoulder, and the spacing of raised Although the NCUTCD recommended proposed in the NPA to limit the use of pavement markers on the right-hand that highway agencies be given the red raised pavement markers to being edge is close enough to avoid option of using either the current visible to traffic proceeding in the misinterpretation as a broken line standard markings or the proposed wrong direction of a one-way roadway during wet night conditions.’’ dotted lane line markings for lane- or ramp. A State DOT and a local DOT 323. In Section 3B.14, Raised reduction transitions, the FHWA agreed with the proposal. The NCUTCD, Pavement Markers Substituting for believes that the non-uniformity that a State DOT, and an NCUTCD member Pavement Markings, the FHWA would result from having two allowable recommended allowing the use of red proposed in the NPA to change the markings for this application would not raised pavement markers on divided GUIDANCE to a STANDARD requiring be in the best interest of road users. highways and on the left-hand side of that the color of raised pavement Therefore, the FHWA does not adopt the two-way roadways. Consistent with markers shall match the color of the proposed change in this final rule and changes as discussed previously in markings for which they substitute, in retains the text from the 2003 MUTCD Section 3A.05, the FHWA in this final order to assure uniformity of markings for paragraph 08. The FHWA also rule revises paragraph 02 to read, ‘‘The colors. Based on comments from the updates related figures and Section side of a raised pavement marker that is NCUTCD, a State DOT, a local DOT, and 3B.04 for consistency. visible to traffic proceeding in the an NCUTCD member, the FHWA in this 320. In Section 3B.10, Approach wrong direction may be red (see Section final rule removes the statement because Markings for Obstructions, the FHWA 3A.05).’’ the information is covered in Section proposed language in the NPA to clearly Additionally, the FHWA proposed in 3B.11. indicate that toll booths at toll plazas the NPA to add a GUIDANCE statement For consistency with changes are fixed obstructions that shall be near the end of the section that discussed above in Section 3B.13 marked according to the requirements of recommends consideration of the use of regarding the use of raised pavement this section. The proposal was based on more closely spaced retroreflective markers on right-hand edge lines, the the recommendations from the Toll pavement markers where additional FHWA in this final rule makes Plazas Best Practices and emphasis is needed. Based on comparable changes in Section 3B.14. Recommendations Report.126 Based on recommendations from the NCUTCD, 324. In Section 3B.15, Transverse comments from the NCUTCD, four toll three State DOTs, and an NCUTCD Markings, the FHWA relocates the road operators, and two State DOTs, the member, the FHWA adopts this existing second STANDARD statement FHWA adopts in this final rule a statement as an OPTION. to Section 3B.20 in the final rule. This SUPPORT statement referencing 322. In Section 3B.13, Raised STANDARD statement requires Chapter 3E Markings for Toll Plazas Pavement Markers Supplementing pavement marking letters, numerals, (Section 3B.29 in the NPA) for Other Markings, several commenters arrows, and symbols to be installed in additional information on approach made recommendations regarding the accordance with the SHSM, and is markings for toll plaza islands and existing GUIDANCE from the 2003 relocated to the section where it more makes editorial changes to the text. MUTCD that raised markers should not appropriately belongs. The FHWA received several supplement right-hand edge line 325. In the NPA, the FHWA proposed comments regarding the existing markings. The NCUTCD, two State several changes to Section 3B.16 Stop language in the 2003 MUTCD for DOTs, a local DOT, and a toll road and Yield Lines to clarify the intended minimum taper lengths approaching operator opposed the existing provision, use of these markings. The FHWA obstructions. Three toll road operators stating that in many cases there is no proposed to add requirements regarding and a State DOT opposed the statement bicycle use of the shoulder and the use the use of stop and yield lines, because some toll plazas cannot of raised markers on the right-hand edge specifically as these relate to locations accommodate the requirement. Two line can be very beneficial for where YIELD (R1–2) signs or Yield Here delineation on curves and at other to Pedestrians (R1–5 or R1–5a) signs are 126 ‘‘State of the Practice and Recommendations locations where extra emphasis of the used. A State DOT and a local DOT on Traffic Control Strategies at Toll Plazas,’’ June edge line is needed. Four bicyclist- agreed with the proposal. Two State 2006, can be viewed at the following Internet Web site: http://mutcd.fhwa.dot.gov/rpt/tcstoll/ related organizations recommended DOTs and a local DOT disagreed with index.htm. leaving the existing provision in place the proposal and recommended

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00071 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66800 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

allowing stop lines at railroad crossings approaches, based on engineering information regarding detectable and other locations that operate under judgment and engineering studies. A warning surfaces that mark boundaries yield control. The FHWA proposed State DOT and two local DOTs opposed between pedestrian and vehicular ways these changes to assure that stop lines the expanded language on engineering where there is no raised curb. The are not misused to indicate a yield studies. A State DOT and a local DOT proposed language was in response to condition or vice versa. The FHWA agreed with the proposal, but requests from the U.S. Access Board, adopts the STANDARD proposed in the recommended that roundabouts be based on ADAAG.130 Two State DOTs, NPA, which requires that stop lines exempted, and that the study consider a local DOT, and an NCUTCD member shall not be used at locations on the 85th percentile speed in addition to agreed with the proposal. An uncontrolled approaches where drivers the posted speed. The FHWA believes organization for the blind requested that are required by State law to yield to that an engineering study for crosswalks the statement be revised to a pedestrians. This change is in is appropriate at locations not STANDARD. Two State DOTs and two accordance with FHWA’s Official controlled by a traffic signal, stop sign, local DOTs opposed the revision Interpretation #3–201(I), dated January or yield sign, including at a roundabout because detectable warning surfaces are 10, 2007.127 if it does not have a yield sign not considered traffic control devices The FHWA proposed a new controlling the entry. The FHWA adopts and the information is already STANDARD statement in the NPA that in this final rule the language proposed contained in ADAAG. The FHWA required the use of Yield (Stop) Here to in the NPA for the engineering study, decides to adopt the language as Pedestrian (R1–5 series) signs at a but also includes the 85th percentile SUPPORT because it merely provides crosswalk that crosses an uncontrolled speed as a consideration in an information about provisions in other multi-lane approach when a yield (stop) engineering study. The language reflects existing or proposed Federal line is used. A local DOT recommended the findings of the FHWA report, regulations, but the FHWA revises the that the sentence be GUIDANCE instead ‘‘Safety Effects of Marked Versus proposed text to remove the of a STANDARD. The FHWA disagrees Unmarked Crosswalks at Uncontrolled specifications and dimensions for and adopts paragraph 13 for consistency Locations.’’ 128 detectable warning devices and instead with the requirement in paragraph 01 of The FHWA received comments from reference the ADAAG. For the same Section 2B.11. the NCUTCD, five State DOTs, four local reason, the FHWA does not adopt in the 326. The FHWA proposed in the NPA DOTs, and an NCUTCD member final rule the Figure 3B–20 that was to add a new section numbered and regarding the proposed conditions proposed in the NPA. titled ‘‘Section 3B.17 Do Not Block where marked crosswalks alone should 328. In Section 3B.20, the FHWA Intersection Markings,’’ containing not be installed. A local DOT disagreed proposed in the NPA to incorporate the OPTION and STANDARD statements with the proposed GUIDANCE and word ‘‘arrow’’ in several places to reflect regarding the use of markings to recommended that it be an OPTION that, because arrows are often not indicate that the intersection is not to be because they desire more flexibility. The thought of as symbols, the provisions of blocked and to add a new Figure 3B–18 remaining commenters agreed with the this section are intended to apply to (Figure 3B–17 in the NPA) showing the proposal, but recommended editorial arrows. The FHWA also changes the options for the Do Not Block changes. The FHWA believes that title of the section to ‘‘Pavement Word, Intersection Markings. Four local DOTs GUIDANCE is appropriate because of Symbol, and Arrow Markings,’’ as and an NCUTCD member approved of pedestrian safety concerns and adopts proposed in the NPA. the new section. Two local DOTs the language as proposed in the NPA The FHWA includes arrows in the list opposed the new section because of a with editorial changes. of items that are to be designed in concern over maintenance in northern The FHWA also proposed in the NPA accordance with the Pavement Markings States and potential driver confusion to add a GUIDANCE statement chapter of the SHSM book. A local DOT over right-of-way. The FHWA believes recommending that crosswalk markings requested that the statement be revised that Do Not Block Intersection Markings should be located so that the curb ramps to an OPTION to allow local are being used more widely across the are within the extension of the jurisdictions to use different arrow country to improve traffic flow through crosswalk markings. A local DOT designs. The FHWA believes that intersections and that uniformity in the opposed the revision and an uniformity of arrow markings is use and type of markings is needed to organization for the blind recommended important and adopts paragraph 04 as a minimize road user confusion. The making the proposal a STANDARD. The STANDARD. markings are optional and not mandated FHWA adopts paragraph 17 as proposed The FHWA does not adopt Figure 3B– for use, but the MUTCD provisions will in the NPA to be consistent with 28 or Figure 3B–29 as proposed in the improve uniformity if markings are used existing provisions in ADAAG 129 and to NPA because the same information is for this purpose. In this final rule the provide more consistency for provided in other figures in Chapter 2B. FHWA adopts the section and figure as pedestrians as they negotiate the References in Chapter 3B are updated to proposed in the NPA, but with minor crosswalk and curb ramps. refer to the figures in Part 2 as editorial revisions. In the NPA, the FHWA also proposed appropriate. 327. In the NPA, the FHWA proposed to add a SUPPORT statement at the end In the NPA, the FHWA proposed to in Section 3B.18 Crosswalk Markings, to of the section that incorporates change an existing OPTION to expand the GUIDANCE regarding the GUIDANCE in order to recommend, specific placement of crosswalk 128 ‘‘Safety Effects of Marked Versus Unmarked rather than just permit, that the markings and to add new GUIDANCE Crosswalks at Uncontrolled Locations,’’ FHWA International Symbol of Accessibility regarding the placement of crosswalk report #HRT–04–100, Charles Zegeer, et al., parking space marking should be placed September 2005, can be viewed at the following markings across uncontrolled Internet Web site: http://www.tfhrc.gov/safety/pubs/ in each parking space designated for use 04100/04100.pdf. 127 FHWA Official Interpretation #3–201(I), dated 129 The Americans With Disabilities Accessibility 130 The Americans With Disabilities Accessibility January 10, 2007, can be viewed at the following Guidelines (ADAAG) can be viewed at the Guidelines (ADAAG) can be viewed at the Internet Web site: http://mutcd.fhwa.dot.gov/ following Internet Web site: http://www.access- following Internet Web site: http://www.access- resources/interpretations/3_201.htm. board.gov/ada-aba/index.htm. board.gov/ada-aba/index.htm.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66801

by persons with disabilities, for on roadways with a speed limit of 45 for dropped lanes at exit ramps. The consistency with the provisions of the mph or above, and to recommend that FHWA disagrees and adopts the Americans with Disabilities Act. A State they be used on roadways with lower OPTION as proposed in the NPA, with DOT and an NCUTCD member opposed speed limits when determined to be editorial changes, because normal lane- the change and recommended that it appropriate based on engineering use arrows are successfully used at remain GUIDANCE because the marking judgment. A State DOT and a local DOT many locations where the angle of turn can become obscured by snow and it agreed with the proposal. Five State is much less than 90 degrees, there is no can pose a safety hazard for pedestrians DOTs, a local DOT, and an NCUTCD evidence of any problems with these when it is wet and slippery. The FHWA member opposed the proposal and arrows at the many locations where they adopts the language as proposed in the recommended that all lane-reduction are currently used in advance of freeway NPA because many State and local laws arrows remain as an OPTION. A local lane drops, and research would be and codes require the wheelchair DOT suggested the statement clarify that needed to develop and test different symbol marking and it is the an on-ramp merge lane is not a ‘‘lane style arrows to assure they would be predominant practice. As a GUIDANCE reduction’’ and the FHWA agrees. Based better understood by road users than the condition, the marking can be omitted on the information in NCHRP Synthesis existing arrows. based on engineering study or judgment. 356,132 the FHWA believes that, for 329. The FHWA received several In the NPA, the FHWA also proposed enhanced safety, lane-reduction arrows comments regarding the proposal in the to add a new GUIDANCE that describes should be recommended on high-speed NPA to add a new section numbered the use and placement of lane-use roads in order to provide a clear and titled Section 3B.22 Speed arrows in lanes designated for the indication that the lane reduction Reduction Markings, containing exclusive use of a turning movement, in transition is occurring. The FHWA SUPPORT, STANDARD, and turn bays, in lanes from which adopts the language as proposed in the GUIDANCE statements regarding movements are allowed that are NPA, but includes language clarifying transverse markings that may be placed contrary to the normal rules of the road, that a typical parallel acceleration lane on the roadway within a lane in a and where opposing offset channelized is not a ‘‘lane reduction’’ but that lane- pattern to give drivers the impression left-turn lanes exist. The NCUTCD, three reduction arrows may be used in long that their speed is increasing. The State DOTs, four local DOTs, a toll road acceleration lanes based on engineering NCUTCD and three State DOTs agreed operator, and a consultant agreed with judgment. with the proposed section, but the proposal, but recommended that the Additionally, to respond to a recommended editorial changes. Two second arrow in a turn bay be optional. comment from a consultant, the FHWA local DOTs and an NCUTCD member Four State DOTs and a local DOT adds a new STANDARD that a single- opposed the proposed section because opposed the change to GUIDANCE and direction lane-use arrow shall not be of a concern that speed reduction recommended that it remain an used in a lane bordered on both sides markings have not been adequately OPTION. The FHWA proposed the NPA by yellow two-way left-turn lane tested and do not work. The FHWA language to reflect common practice and longitudinal markings, to clarify the disagrees because the Traffic Control provide for increased uniformity, as existing provisions regarding arrows. A Devices Pooled Fund Study on speed highlighted in the NCHRP Synthesis two-way left-turn lane, by definition, reduction markings133 found that these 356.131 The FHWA adopts the language has traffic flowing in two directions, so markings can be effective in reducing proposed in the NPA with editorial it is inappropriate and potentially very speeds at certain locations, and because changes and, based on the comments, confusing to road users to place a single- it is necessary to provide a standardized the FHWA adds paragraph 22, which direction arrow in a two-way left-turn design for such markings in order to provides an OPTION that the second lane. The unique two-way arrow is the provide uniformity. The FHWA adopts (downstream) arrow may be omitted only appropriate type of arrow marking the language proposed in the NPA with based on engineering judgment when for this application, and thus a specific editorial changes and adds a new arrows are used for a short turn lane. prohibition of one-direction arrows is GUIDANCE statement to paragraph 02 In addition, the FHWA proposed in necessary because of improper explaining that speed reduction the NPA to add a GUIDANCE that application by some jurisdictions. markings should not be used in areas recommends the use of ONLY word Finally, in the NPA the FHWA frequented mainly by local or familiar markings to supplement the required proposed to add an OPTION allowing drivers (e.g., school zones), based on arrow markings where through lanes the use of lane-use arrows in a dropped comments citing the above-mentioned approaching an intersection become lane on the approach to a freeway or Pooled Fund Study research. Five State mandatory turn lanes. A local DOT expressway exit, reflecting common DOTs, a local DOT, and a citizen agreed with the proposal. A State DOT practice. The FHWA received a requested that a longitudinal spacing and two local DOTs opposed the comment from the NCUTCD in table be developed for the speed revision and recommended the opposition to the proposed OPTION, reduction markings. The FHWA statement be revised to an OPTION. The stating that normal lane-use arrows are declines adding a longitudinal spacing FHWA believes improved uniformity is inappropriate for freeways and table at this time because this goes needed to adequately inform road users expressways because the exit ramp beyond the scope of this rulemaking and of the lane-use restriction at a lane drop typically departs from the mainline at a would need to be addressed in a future and adopts the GUIDANCE as proposed small angle rather than the 90-degree rulemaking. in the NPA. turn suggested by the shape of normal 330. The FHWA adopts in this final Also, the FHWA proposed in the NPA turn arrows. The NCUTCD suggested rule a new section numbered and titled to add a GUIDANCE to recommend that that a new style of arrow be developed Section 3B.24 Chevron and Diagonal lane-reduction arrow markings be used and added to the MUTCD specifically Crosshatch Markings (numbered Section

131 NCHRP Synthesis 356, ‘‘Pavement Markings— 132 NCHRP Synthesis 356, ‘‘Pavement Markings— 133 ’’Pavement Markings for Speed Reduction,’’ Design and Typical Layout Details,’’ 2006, pages 7– Design and Typical Layout Details,’’ 2006, page 32, December 2004, prepared by Bryan J. Katz for the 13, can be viewed at the following Internet Web can be viewed at the following Internet Web site: Traffic Control Devices Pooled Fund Study, can be site: http://onlinepubs.trb.org/onlinepubs/nchrp/ http://onlinepubs.trb.org/onlinepubs/nchrp/ viewed at the following Internet Web site: http:// nchrp_syn_356.pdf. nchrp_syn_356.pdf. www.tfhrc.gov/safety/pubs/04100/04100.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00073 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66802 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

3B.26 in the NPA) containing OPTION, not recognize the local markings. The roundabouts and requiring pavement STANDARD, and GUIDANCE FHWA adopts paragraph 01 as proposed markings and signs at roundabouts to statements on the use of markings in the NPA. present a consistent message to the road intended to discourage travel on certain 332. In this final rule, the FHWA is user. The comments noted that Section paved areas. As proposed in the NPA, moving all of the information from the 1A.13 already contains a definition of a the FHWA eliminates the optional use NPA proposed Section 3B.29 Markings roundabout and that consistency of of diagonal markings in gore areas and for Toll Plazas to a new adopted Chapter messages between signs and markings is requires that, if markings are used in the 3E Markings for Toll Plazas (see item a general requirement applicable to all gore, they shall be chevron markings, 341 below). conditions. The FHWA agrees and because gores separate traffic flowing in replaces the proposed STANDARD with Discussion of Amendments Within the same direction and diagonal a SUPPORT that provides a more Chapters 3C Through 3J crosshatching is inappropriate for that general description of a roundabout and condition. Based on a comment from a 333. As proposed in the NPA, the refers to Section 1A.13. public utilities commission, the FHWA FHWA adopts a new chapter, numbered The FHWA received comments from adopts an OPTION statement that and titled Chapter 3C Roundabout two State DOTs, a local DOT, an crosshatch markings may also be used at Markings, to reflect the state of the NCUTCD member, and a consultant highway-rail and highway-light rail practice for roundabout markings, about the proposed OPTION that traffic transit grade crossings. While a local especially for multi-lane roundabouts, control signals may be used at DOT agreed with the proposed the safe and efficient operation of which roundabouts to facilitate pedestrian minimum widths for chevron and necessitates specific markings to enable crossings or meter traffic. The FHWA diagonal lines, the NCUTCD and two road users to choose the proper lane agrees with the comments that the use local DOTs recommended that the before entering the roundabout. The of traffic control signals at any location minimum width for chevron and FHWA also adopts seven sections is governed by provisions in Part 4 diagonal lines be less than 12 inches for within the chapter that describe rather than Part 3, and the FHWA in this lower speed roadways. The FHWA pavement markings at roundabouts, final rule replaces the proposed agrees with the NCUTCD and adopts the including lane lines, edge lines, yield OPTION with a SUPPORT statement minimum width at 8 inches for lines, crosswalk markings, and referring to Part 4. roadways with speed limits less than 45 pavement word, arrow, and symbol 334. In Section 3C.02 White Lane Line mph. Based on a comment from a State markings. The chapter also includes a Pavement Markings for Roundabouts, DOT that some agencies use an angle of variety of new figures that illustrate the FHWA relocates to Section 9C.04 36 degrees rather than 45 degrees examples of markings for roundabouts the STANDARD and GUIDANCE because a 3–4–5 triangle can be used to of various geometric and lane-use statements about bicycle lane markings in and on the approach to roundabouts easily lay out the crosshatch markings configurations. In the NPA, the FHWA that were proposed in the NPA in in the field, the FHWA adopts a chevron solicited comments on whether it is Section 3C.02, because the information angle of ‘‘approximately 30 to 45 necessary for all of the proposed new is more appropriately located in Section degrees.’’ figures illustrating roundabout markings to be added to the MUTCD or whether 9C.04, and adopts a SUPPORT 331. In Section 3B.25 (numbered statement in Section 3C.02 referring to Section 3B.26 in the 2003 MUTCD) some of those illustrations should be placed in other documents for reference, Section 9C.04. The FHWA also adopts a Speed Hump Markings, the FHWA STANDARD that a through lane that proposed in the NPA to revise the such as the FHWA Roundabouts Guide,134 which is in the process of becomes a dropped lane at a roundabout STANDARD to more clearly state that if shall be marked with a dotted white being updated. The FHWA received speed hump markings are to be used on lane line in accordance with Section comments on both sides of the issue. a speed hump or a speed table, the only 3B.04. This statement is necessary to The FHWA believes that, for this edition markings that shall be used are those remind users of the requirements of of the MUTCD, it is important to shown in Figures 3B–29 and 3B–30. Section 3B.04 that also apply to lane provide these illustrations of new Based on comments from a State DOT drops when they occur at a roundabout. and an NCUTCD member noting that the concepts in markings in one location for 335. The FHWA in this final rule existing OPTION and proposed revised ready reference. As practitioners gain revises the title of Section 3C.03 from STANDARD contained the same more familiarity with these markings, ‘‘Edge Line Pavement Markings for information, the FHWA deletes the the FHWA will consider the possibility Roundabouts,’’ as proposed in the NPA, OPTION in this final rule. The FHWA of eliminating some of the figures in a to ‘‘Edge Line Pavement Markings for received several comments regarding future edition. The FHWA adopts most Roundabout Circulatory Roadways,’’ in the proposed language restricting of the figures in this final rule but, in order to more accurately describe the markings to those in the accompanying response to comments, deletes several of subject of the provisions in the section. figures. A local DOT agreed with the the figures and editorially combines the The FHWA received a comment from a proposal, while a State DOT, two local content of the deleted figures with the local DOT suggesting that the DOTs, and two consultants opposed the content of other figures being adopted. recommended use of a white edge line proposal and recommended allowing The FHWA believes this presents the on the outer edge of the circulatory local variations of speed hump same information in a more concise roadway, including the wide dotted markings. The FHWA disagrees with manner. edge line extension across the lanes allowing local variations in speed hump With respect to Section 3C.01 General entering the roundabout, be changed to markings because the FHWA believes as proposed in the NPA, the FHWA an OPTION. The FHWA disagrees that additional uniformity will better received several comments about the because the edge line markings provide serve the interests of road users. proposed STANDARD defining important guidance to road users Because the 2003 MUTCD language is entering the roundabout and circulating 134 ‘‘Roundabouts: An Informational Guide,’’ not prescriptive, a wide variety of Report number FHWA–RD–00–67, June, 2000, can within the roundabout, and this has marking patterns are being used for be viewed at the following Internet Web site: been found to be successful in practice speed humps and unfamiliar drivers do http://www.tfhrc.gov/safety/00068.htm. in Europe and elsewhere. A State DOT

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00074 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66803

opposed the proposed GUIDANCE FHWA adopts information regarding reduce the chances of unintended exit recommending that a wide dotted line markings to be used for ETC preferential maneuvers. A local DOT opposed the be used across the entry to a roundabout lanes in the STANDARD, for use of dotted lines because of a concern and requested that a normal dotted line consistency with other related changes that the dotted lines will add to driver be used, consistent with the 2003 in Parts 2 and 3 regarding ETC Account- confusion. The FHWA disagrees and MUTCD. The FHWA disagrees because Only lanes. Based on comments from considers the proposed GUIDANCE as the wide dotted line provides special the NCUTCD, a State DOT, and two toll an important best practice, reflecting a emphasis that is recommended for road operators, the FHWA revises recent FHWA policy memorandum.136 drivers entering the roundabout. The paragraph 06 to clarify that preferential The FHWA adopts paragraph 08 as GUIDANCE is adopted as proposed. lane use word or symbol markings are proposed in the NPA. 336. In the NPA, the FHWA proposed required when the separation area 341. The FHWA adopts a new Section 3C.05 Crosswalk Markings at between a preferential lane and the chapter, numbered and titled Chapter Roundabouts, which provides adjacent general purpose lane can be 3E Markings for Toll Plazas, that STANDARD, GUIDANCE, and traversed by motor vehicles. contains information relocated from SUPPORT statements concerning the In the NPA, the FHWA proposed to Section 3B.29 Markings for Toll Plazas, use of crosswalks at roundabouts. The add a word marking for ETC Account- which was a new section proposed in FHWA received a comment from an Only lanes. A State DOT, two toll road the NPA. As adopted in the final rule, organization for the blind suggesting operators, and a local DOT opposed the Section 3E.01 contains SUPPORT, that the proposed GUIDANCE for proposed revision because it would STANDARD, GUIDANCE, and OPTION marked crosswalks if pedestrian reduce the ability to reconfigure plaza statements for the use of pavement facilities are provided be changed to a lanes. The NCUTCD and a State DOT markings at toll plazas. The chapter STANDARD. The FHWA disagrees and agreed with the proposal, but provides uniformity in pavement notes that there may be some cases recommended adding HOT lanes to the markings at toll plazas because toll where it is not desirable to provide list of types of preferential lanes where plazas have not been included in marked crosswalks, such as where word markings are required, and adding previous editions of the MUTCD. overpasses or underpasses are provided. an OPTION that allows preferential The NCUTCD, a State DOT, and three Two local DOTs and a consultant lane-use markings to be omitted under toll road operators agreed with the NPA suggested that the recommendation be certain circumstances. The FHWA in proposal that longitudinal markings for changed to an OPTION. The FHWA this final rule revises paragraph 06 to Electronic Toll Collection lanes comply disagrees and adopts the provision as a include HOT lanes along with HOV with Section 3D.01 (numbered Section GUIDANCE statement in this final rule lanes and adds paragraph 08 to allow 3B.25 in the NPA), but recommended because if at-grade pedestrian crossing preferential lane word or symbol editorial changes. To reflect the activity is present, pedestrians should markings to be omitted at toll plazas comments, the FHWA revises paragraph be provided with crosswalks to indicate where physical conditions preclude 02 to require that, for Open Road the proper places to cross the their use. Tolling lanes that bypass a mainline toll roundabout approaches. The FHWA had proposed in the NPA plaza on a separate alignment, the 337. Based on a comment from a State adding the word marking TRANSIT longitudinal markings shall also comply DOT, the FHWA does not adopt Section ONLY as an alternative to a ‘‘T’’ with Section 3D.02, and word markings 3C.07 Example Markings for marking for light-rail transit lanes. shall be used in accordance with Roundabouts, which was proposed in Instead, based on a comment from the Section 3D.01 (Section 3B.24 in the the NPA. The FHWA adopts a NCUTCD, the FHWA in this final rule NPA) on the approach to the point of SUPPORT statement in Section 3C.01 in adopts the word marking LRT ONLY divergence from the mainline. the final rule that refers to the figures in because the word marking ‘‘TRANSIT’’ The FHWA received several Chapter 3C that provide examples of is too wide to fit in most lanes. comments on the proposed GUIDANCE pavement markings at roundabouts. The 340. In Section 3D.02 (Section 3B.25 in the NPA recommending that ETC FHWA also renumbers the following in the NPA) Preferential Lane Account-Only lanes be separated from section that was proposed in the NPA, Longitudinal Markings for Motor cash payment toll plaza lanes by a Markings for Other Circular Vehicles, the FHWA in this final rule physical barrier or pavement markings. Intersections, from 3C.08 to 3C.07 in the edits, expands, and reorganizes the The NCUTCD, a State DOT, four toll final rule. road operators, and a local DOT agreed 338. The FHWA adopts a new chapter existing section, which corresponds to with the proposal, but recommended titled Chapter 3D Markings for comparable sections on preferential that the statement be changed to an Preferential Lanes, that contains lanes in Part 2. These changes reflect OPTION, that striping alone not be information relocated from NPA typical existing practices for the allowed, and that vehicle speed not be numbered Section 3B.24 Preferential marking of preferential lanes, as used to determine the point of Lane Word and Symbol Markings and documented in various FHWA guidance 135 separation between lanes. The FHWA NPA numbered Section 3B.25 and handbooks. The FHWA also disagrees with the comments because Preferential Lane Longitudinal Markings revises paragraph 03 as proposed in the the recommendations are based on the for Motor Vehicles. The FHWA also NPA to match the names of different Toll Plazas Best Practices and relocates to Chapter 3D and renumbers configurations of preferential lanes that Recommendations report.137 The FHWA Table 3B–2 and Figures 3B–31, 3B–32, are defined in Section 1A.13. 3B–33, and 3B–34 that were proposed in The FHWA proposed in the NPA to 136 The FHWA’s August 3, 2007 policy the NPA, which list and show the add a new GUIDANCE regarding the use of dotted line markings at direct exits memorandum on ‘‘Traffic Control Devices for required longitudinal markings for Preferential Lane Facilities’’ can be viewed at the buffer-separated preferential lanes and from preferential lane facilities, to following Internet Web site: http:// counter-flow preferential lanes. mutcd.fhwa.dot.gov/resources/policy/tcdplfmemo/ 135 Available FHWA guidance and handbooks on preferen_lanes_tcd.pdf. 339. In Section 3D.01 (numbered preferential lanes can be viewed at the following 137 ‘‘State of the Practice and Recommendations Section 3B.24 in the NPA) Preferential Internet Web site: http://ops.fhwa.dot.gov/ on Traffic Control Strategies at Toll Plazas,’’ June Lane Word and Symbol Markings, the freewaymgmt/hov.htm. Continued

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00075 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66804 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

adopts paragraph 04 as GUIDANCE, but State DOT and a local DOT agreed with be consistent with Sections 6F.67, revises the text for clarity. the proposal, but requested clarification 6F.68, and 6F.69 (as numbered in the The FHWA received comments for the location of the delineators. The NPA). Based on comments from the regarding the NPA proposal to allow the FHWA modifies the text of the adopted NCUTCD, a traffic device manufacturer, use of purple solid longitudinal Section 3F.03 in several places to clarify ATSSA, and a citizen, the FHWA markings to supplement lane lines. The that delineators are used in a series revises the STANDARD to require that NCUTCD and a State DOT opposed the rather than a single delineator alone. the design of channelizing devices, use based on recommendations from a 344. In Section 3F.04 (Section 3D.04 except for color, comply with all of toll road task force. As discussed above in the NPA) Delineator Placement and Chapter 6F rather than just three in Section 3A.05 regarding comments Spacing, the FHWA proposed in the sections in that chapter. The FHWA also on the use of purple markings, the NPA to change the GUIDANCE revises the OPTION to include FHWA disagrees with these comments discussing the mounting height of additional types of channelizing devices and adopts the optional use of purple delineators. Based on comments from and references specific sections of markings A toll road operator and a the NCUTCD and three State DOTs Chapter 6F for descriptions of the local DOT agreed with the optional use questioning the ability to consistently devices. of purple markings, but recommended achieve a precise mounting height of 4 In addition, the FHWA proposed in that the minimum width of 1 inch for feet, the FHWA in this final rule revises the NPA to expand the STANDARD to the supplemental purple line be revised. paragraph 01 to describe the require that the color of the reflective Based on its own experience and recommended mounting height as bands on channelizing devices shall be observations, the FHWA agrees that 1 ‘‘approximately 4 feet.’’ white, except for bands on channelizing inch is too narrow and changes the 345. In the NPA, the FHWA proposed devices that are used to separate traffic minimum width of the optional purple revising Chapter 3G Colored Pavements flows in opposing directions, which supplemental marking to 3 inches and (Chapter 3E in the NPA and 2003 shall be yellow. Two State DOTs, an adopts a maximum width to be the same MUTCD), Section 3G.01 General, in NCUTCD member, and a consultant width as the line it supplements. order to provide a more logical flow of opposed the proposed use of yellow Finally, based on comments from the information, to better emphasize traffic banding because, as written, it would NCUTCD and a toll road operator that control device and non-traffic control apply also to temporary traffic control it is impractical to install edge lines in device colored pavements, and to reflect zones and conflict with provisions in the constrained space between toll FHWA’s Interpretation 3–169(I) 138 on Chapter 6F. Two local DOTs agreed booths, the FHWA adds paragraph 08 non-retroreflective colored pavements. with the proposal. The NCUTCD and a that states: ‘‘Longitudinal pavement The proposed language classified as a State DOT agreed with the proposal, but markings may be omitted alongside toll traffic control device any retroreflective recommended editorial changes to booth islands between the approach colored pavement between crosswalk clarify that the yellow bands would markings and any departure markings.’’ lines and non-retroreflective colored apply only outside of Temporary Traffic 342. In Section 3F.02 (Section 3D.02 pavement between crosswalk lines that Control (TTC) Zones. The FHWA agrees in the NPA) Delineator Design, the is intended to communicate a with the recommended editorial FHWA adopts a SUPPORT paragraph in regulatory, warning, or guidance changes and adopts a revised paragraph the final rule to clarify the differences message. A State DOT, two local DOTs, 04 to clarify the required use of the between single delineators, double and a pedestrian advisory board agreed yellow bands on channelizing devices. 347. In the NPA, the FHWA proposed delineators, and vertically elongated with the revisions. A citizen opposed several revisions to Chapter 3I Islands delineators when discussing a series of the revisions because of concern that the (Chapter 3G in the NPA and 2003 delineators along a roadway. This language placed restrictions on the use MUTCD). In Section 3I.01 (Section editorial clarification is necessary to of stamped concrete for aesthetic 3G.01 in the NPA) General, the FHWA reduce user confusion over these terms. measures. The FHWA disagrees with the proposed to add the purpose of toll 343. In Section 3F.03 (Section 3D.03 citizen because the language includes collection to the definition of island for in the NPA) Delineator Application, the brick patterns in the list of aesthetic traffic control purposes. The NCUTCD FHWA proposed in the NPA to add a treatments that are not considered to be opposed the change and recommended GUIDANCE to recommend that traffic control devices, and the FHWA delineators should be used wherever the deletion of toll booth plazas from adopts the text as proposed in the NPA. being considered islands. The FHWA guardrail or other longitudinal barriers 346. In Chapter 3H (Chapter 3F in the disagrees because toll booth plaza are present in order to provide NPA and 2003 MUTCD), the FHWA islands are located between traffic lanes consistency in application. Two local revises the title in this final rule to DOTs agreed with the proposal. A local and do control vehicular movements ‘‘Channelizing Devices Used for and share similar characteristics with DOT disagreed with the proposal and Emphasis of Pavement Marking requested that delineators should be many other types of islands. The FHWA Patterns’’ based on a comment from the adopts the language as proposed in the recommended on guardrails based on NCUTCD, to more accurately reflect the the lateral distance from the roadway. NPA but relocates the revised definition content. As discussed above in item to Section 1A.13 and editorially The FHWA disagrees. Because guardrail 107, the section discussing barricades is and barriers are typically close to the combines it with similar text in the relocated to Section 2B.67 Barricades. definition of Island that existed in roadway, delineation on these features In Section 3H.01 (numbered Section helps make road users aware of the Section 1A.13 of the 2003 MUTCD. 3F.01 in the NPA) Channelizing 348. In Section 3I.03 (Section 3G.03 in potential to collide with them during Devices, the FHWA proposed in the conditions of darkness, and this the NPA) Island Marking Application, NPA to require that the design of the FHWA proposed in the NPA to delineation assists road users with channelizing devices, except for color, navigating the roadway alignment. A change a STANDARD discussing pavement markings in the neutral area 138 FHWA’s Official Interpretation 3–169(I), dated 2006, can be viewed at the following Internet Web September 1, 2004, can be viewed at the following to a GUIDANCE because it is not always site: http://mutcd.fhwa.dot.gov/rpt/tcstoll/ Internet Web site: http://mutcd.fhwa.dot.gov/ practical or necessary for a jurisdiction index.htm. documents/pdf/3-169-I-FL-S.pdf. to include chevron or diagonal hatching

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00076 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66805

in the triangular neutral area for all transverse rumble strips. A local DOT A State DOT opposed the proposal islands, especially small triangular agreed with the proposal, but because of concerns that white channelizing islands at intersections. A recommended text changes. A State transverse lines could be confused with local DOT agreed with the proposal. DOT, a local DOT, four organizations stop lines or crosswalks. The FHWA Based on a comment from a State DOT, representing bicyclists, and an NCUTCD disagrees because there is no evidence the FHWA revises paragraph 02 member opposed the proposed chapter of such confusion if properly used and editorially and adopts the statement as because they do not believe rumble located. Another State DOT asked if GUIDANCE. strips are traffic control devices and rumble strips were being considered as 349. The FHWA deletes Section 3G.05 they feel the inclusion of the chapter traffic control devices. Based on the Island Object Markers, as numbered and will have negative implications for comment, the FHWA adds a SUPPORT titled in the 2003 MUTCD and in the bicyclists. The FHWA has not made a statement in paragraph 02 to clarify that, NPA, because object markers have been determination on whether or not rumble ‘‘This Manual contains no provisions designated as signs and relocated to strips are traffic control devices, but regarding the design and placement of Chapter 2C and this text is no longer believes that certain types of rumble transverse rumble strips that appropriate in Part 3. The provisions of strips, particularly those that are formed approximate the color of the pavement.’’ former Section 3G.05 are addressed by from white or colored strips of A third State DOT recommended that text in Chapter 2C. pavement marking material, might have black be added as an acceptable color 350. In Section 3I.05 (Section 3G.06 in characteristics that could potentially for a transverse rumble strip and the the NPA), the FHWA in the final rule make them candidates for future FHWA agrees. A consultant revises the title to ‘‘Island Delineation’’ consideration as traffic control devices. recommended that orange be added as and adds an OPTION, repeated from Also, because rumble strips have been an acceptable color in a TTC situation Section 3B.11, that allows the use of in use for many years and numerous and the FHWA agrees, for consistency raised pavement markers in front of and agencies are considering increased with Section 6F.87 (see additional on top of curbed noses of raised usage as part of their strategic highway discussion there). The FHWA revises medians and curbs of islands. safety plans, there is a need to include paragraph 03 to read, ‘‘Except as 351. In the NPA, the FHWA proposed provisions in the MUTCD for pavement otherwise provided in Section 6F.87 for adding a new section at the end of markings that are used with rumble TTC zones, if the color of a transverse Chapter 3I, numbered and titled Section strips. The FHWA adopts the chapter as rumble strip used within a travel lane is 3I.06 (numbered Section 3G.07 in the proposed, but makes revisions to not the color of the pavement, the color NPA) Pedestrian Islands and Medians, Sections 3J.01 and 3J.02 as described of the transverse rumble strip shall be containing SUPPORT statements on the below. either black or white.’’ purpose of pedestrian islands and 353. In Section 3J.01 (Section 3H.01 medians as well as the placement of in the NPA) Longitudinal Rumble Strip Discussion of Amendments to Part 4— detectable warnings at curb ramps. The Markings, the FHWA proposed language Highway Traffic Signals information proposed within this for the use of rumble stripes Discussion of Amendments Within section was included in order to assist (longitudinal lines located over Chapter 4A—General practitioners with meeting the longitudinal rumble strips.) A State 355. As discussed above under provisions of ADAAG.139 Two State DOT asked if rumble strips were being General and Part 1, in this final rule the DOTs and a local DOT opposed the considered as traffic control devices. FHWA relocates all the definitions in proposed section because they do not Based on the comment, the FHWA adds Section 4A.02 Definitions Relating to consider pedestrian islands and a SUPPORT statement in paragraph 02 Highway Traffic Signals to Section medians to be traffic control devices and to clarify that, ‘‘This Manual contains 1A.13 in order to consolidate all the information is already contained in no provisions regarding the design and definitions in one place in the MUTCD. ADAAG. Two local DOTs agreed with placement of longitudinal rumble Where definitions of the same term exist the proposal and an organization for the strips.’’ Based on comments from the in both sections, the FHWA retains the blind requested that the language be NCUTCD and an NCUTCD member, the most accurate definition or combines changed to a STANDARD. The FHWA FHWA revises paragraph 04 to reference the definitions editorially. The FHWA decides to adopt the language as Section 3A.05 for the color of edge lines also adopts a SUPPORT statement as the SUPPORT because it merely provides or center lines associated with sole text of Section 4A.02, referring to information about provisions in other longitudinal rumble stripes. Also, based Sections 1A.13 and 1A.14 for existing or proposed Federal on a comment from the NCUTCD, the definitions and acronyms. regulations. However, the FHWA does FHWA adds a new STANDARD in not adopt in this final rule the details on Discussion of Amendments Within paragraph 05 that states that an edge placement of detectable warning Chapter 4B line shall not be used in addition to a surfaces and Figure 3G–1 that was rumble stripe that is located along a 356. In the NPA, the FHWA proposed proposed in the NPA, because the shoulder. This clarification is needed to in Section 4B.02 Basis of Installation or information is contained in ADAAG. preclude the use of a double edge line, Removal of Traffic Control Signals to 352. In the NPA, the FHWA proposed which would be in conflict with the change the OPTION statement (with the to add a new chapter to the end of Part defined meanings of double lines in exception of the last sentence of item E) 3 that is numbered and titled Chapter 3J Chapter 3B. to a GUIDANCE, in order to recommend Rumble Strip Markings (Chapter 3H in As requested by the NCUTCD and a the steps that should be taken to remove the NPA), which contained two sections State DOT, the FHWA adds Figure 3J– a traffic control signal from operation, that describe the use of markings in 1 to illustrate the text in Section 3J.01. rather than merely describe steps that conjunction with longitudinal and 354. In Section 3J.02 (Section 3H.02 may be taken. The FHWA also proposed in the NPA) Transverse Rumble Strip to add to the remaining sentence of the 139 The Americans with Disabilities Act Accessibility Guidelines (ADAAG) can be viewed at Markings, the FHWA proposed that the OPTION statement that only the first the following Internet Web site: http://www.access- color of a transverse rumble strip shall two steps (items A and B of the board.gov/ada-aba/index.htm. be the color of the pavement or white. GUIDANCE) need to be completed for

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00077 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66806 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

temporary traffic control signals, closed loop systems. The FHWA operation because they felt that traffic because the other steps (items C through disagrees with this comment and signals should not flash ordinarily, not E of the GUIDANCE) do not apply to declines to add the suggested items to all drivers understand flashing traffic those locations. An NCUTCD member in the list because these measures are signals, the number of crashes might comments suggested deleting the adequately addressed elsewhere in Part increase, and the flashing operation reference to installing signs in item C 4. takes away from the operational because experience has found that signs A State DOT opposed this revision characteristics of actuated signals. The do not help with citizen awareness of a and suggested removing Section 4B.05 FHWA disagrees with the commenters study and that public notification is from the MUTCD since adequate because the flashing mode is currently more effective through public meetings roadway capacity is not a traffic control utilized in many jurisdictions and has and/or the media. The FHWA agrees device. The FHWA disagrees because proven effective for signals with an with the commenter and adopts the this longstanding section of the MUTCD unusual peak hour scenario. Also, any changes as proposed in the NPA, but is necessary because of safety and actuated signal can be operated in with the suggested deletion in item C. operational impacts to signalized flashing mode and the decision should 357. In Section 4B.04 Alternatives to intersections, and because markings and be based on engineering judgment. Traffic Control Signals, the FHWA lane use can significantly affect Therefore, the FHWA adopts in this proposed in the NPA to add two items capacity. final rule the language as proposed in (L and H) to the list of less restrictive Discussion of Amendments Within the NPA. alternatives that should be considered 361. In Section 4C.05 Warrant 4, Chapter 4C before a traffic control signal is Pedestrian Volume, the FHWA installed. Item H discusses revising the 359. In Section 4C.01 Studies and proposed in the NPA to revise the geometrics at the intersection to add Factors for Justifying Traffic Control STANDARD statement regarding criteria pedestrian median refuge islands and/or Signals, the FHWA proposed in the that are to be met in an engineering curb extensions. Item L discusses the NPA to add a second paragraph to the study for a traffic signal to be use of a pedestrian hybrid beacon or in- first OPTION statement allowing any considered. The FHWA proposed roadway warning lights if pedestrian four sequential 15-minute periods to be replacing the existing two criteria with safety is a major concern at a location. considered as 1 hour in signal warrants two new criteria based on vehicular and A toll authority, two local DOTs, and a that require conditions to be present for pedestrian volumes, and requiring that consultant agreed with the addition, and a certain number of hours, if the only one of the criteria be met. The a The FHWA adopts the addition of separate 1-hour periods used in the criteria, and the associated volume these items as proposed in the NPA analysis do not overlap each other and curves, are derived from other vehicle- because they are viable potential both the major and minor street volumes based traffic signal warrants and alternatives to a new traffic control are for the same specific 1-hour periods. supplemented with data gathered signal. The FHWA proposed to add this during a TCRP/NCHRP study.140 The 358. In Section 4B.05 Adequate paragraph to clarify that the 1-hour FHWA received comments from the Roadway Capacity the FHWA proposed periods of peak traffic volumes do not NCUTCD, a State DOT, three local in the NPA to add a paragraph to the necessarily need to correspond to 60 DOTs, six associations, and three GUIDANCE clarifying that additional minutes starting at the :00 hour on the private citizens in support of the NPA methods for increasing roadway clock. A local DOT opposed this revisions. A local DOT and four capacity that do not involve widening a revision based on concerns about its associations suggested that bicyclists signalized intersection should be potential misuse in litigation. The receive equal treatment and be included carefully evaluated. Such methods FHWA disagrees because this revision in all counts and applied to all could include revising pavement reflects accepted engineering practice appropriate warrants. The FHWA markings or lane-use assignments where and is an optional practice which disagrees with these comments because appropriate. The FHWA proposed this presents a viable alternative to agencies consideration of bicyclists in applying language to recommend that lower-cost that wish to use it. The FHWA adopts signal warrants is adequately covered in options should be considered to in this final rule the language as Section 4C.01, Studies and Factors for increase roadway capacity and proposed in the NPA. Justifying Traffic Control Signals. A operational efficiency at signalized 360. In Section 4C.04 Warrant 3, Peak State DOT suggested adding a formula intersections. A local DOT supported Hour, the FHWA proposed in the NPA to the warrants. The FHWA disagrees this proposal. A State DOT, a local DOT, to add to the OPTION statement that a with the commenter since the curves are five associations, an NCUTCD member, traffic signal justified only under this based on formulas and there is no need and three private citizens agreed with warrant may be operated in flashing to put the precise formula in the text. the proposal and suggested adding a mode during the hours when the An association and an NCUTCD statement to consider the needs of warrant is not met. The FHWA also member suggested that the warrants also bicyclists prior to implementing the proposed to add a GUIDANCE statement include consideration for the width of alternative methods for increasing recommending that such a signal be the crossing, the number of lanes, the capacity. The FHWA agrees with these traffic-actuated. The FHWA proposed frequency of adequate gaps in traffic, or comments and also adopts in this final these statements to encourage efficient the presence of one-way versus two-way rule an additional statement that any operational strategies, because a traffic traffic flows since it is generally easier impacts to bicyclists should also be signal justified only under the Peak to cross one-way traffic than two-way considered. Hour warrant may have very low traffic traffic. The FHWA concurs that number A State DOT agreed with the revision volumes during much of the day. This of lanes contributes to pedestrian and suggested that the list include other language is similar to provisions in methods such as proper traffic signal Sections 4C.05 (Warrant 4, Pedestrian 140 ‘‘Improving Pedestrian Safety at Unsignalized timing, optimization, major route Volume) and 4C.06 (Warrant 5, School Pedestrian Crossings,’’ TCRP Report 112/NCHRP priority, truck and transit priority Crossing). A local DOT agreed with the Report 562, Transportation Research Board, 2006, can be viewed at the following Internet Web site: devices, traffic signal coordination, proposals. Two State DOTs and a local http://onlinepubs.trb.org/onlinepubs/nchrp/ advanced traffic signal signage, and DOT opposed the OPTION for flashing nchrp_rpt_562.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00078 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66807

exposure but disagrees with the warrant by as much as 50 percent if the reach the point where a signal is suggested revision because issues with 15th percentile crossing speed of warranted. The FHWA agrees but does crossing distance should be addressed pedestrians is less than 3.5 feet/second. not modify the MUTCD text in this final with refuge islands or other geometric A local DOT agreed with this revision, rule because roundabouts are discussed treatments, and should not be a warrant while two State DOTs and two local in Section 4B.04, Alternatives to Traffic for a signal unless the pedestrian and DOTs were opposed to the revisions Control Signals, as an alternative to vehicle volumes are present. based primarily on concerns that the traffic signal control. The FHWA in this Additionally, the warrant revisions are text appears to require a pedestrian final rule adopts the language as based on the NCHRP study, 141 which speed study and it is impractical to proposed in the NPA with editorial did not recommend separate curves for measure the 15th percentile speed of revisions. different numbers of lanes on the major pedestrians. The FHWA disagrees 363. In the NPA, the FHWA proposed street. A local DOT opposed the revision because this is an OPTION and does not a new section following Section 4C.09, of the pedestrian warrant because of require a study. The 15th percentile numbered and titled Section 4C.10 concerns that new signalization will be crossing speed would only be needed if Warrant 9, Intersection Near a Highway- easier to attain since the changes require the agency wants to explore a reduction Rail Grade Crossing, and containing that only one criterion needs to be met. in the pedestrian volume criterion. The SUPPORT, STANDARD, GUIDANCE, The commenter suggested that other FHWA adopts in this final rule the and OPTION statements describing the methods such as signing, pedestrian language as proposed in the NPA. new warrant, which is intended for use walkways, and overpasses should be 362. In both Section 4C.05 Warrant 4, in locations where none of the other investigated prior to the installation of Pedestrian Volume, and Section 4C.06 eight signal warrants are met, but the a new traffic signal. The FHWA Warrant 5, School Crossing, the FHWA proximity of the intersection to a disagrees because the criteria still proposed in the NPA to add highway-rail grade crossing is the account for both pedestrian volume and recommendations to the GUIDANCE principal reason to consider installing a major street volume and therefore the statement that a traffic signal installed at traffic control signal. The FHWA attainment of signalization has not been an intersection or major driveway proposed this new warrant because made easier. The FHWA notes that location, based on the pedestrian some stop-controlled approaches to alternatives to signalization are warrant or school crossing warrant only, intersections near highway-rail grade discussed in Section 4B.04, Alternatives should also control the minor street or crossings contain a stop line that is to Traffic Control Signals. The FHWA driveway. When a traffic control signal closer to the track than the length of a adopts in this final rule the language as is installed at an intersection with STOP large vehicle, and sight distance proposed in the NPA. signs on the minor street to assist obstructions might preclude the vehicle Similar to other traffic signal from waiting on the approach side of the warrants, the FHWA also proposed in pedestrians in crossing the major street, minor-street traffic can cross and turn grade crossing before entering the the NPA to add an OPTION statement intersection. Many of these intersections following the criteria, allowing the use left into the major street after stopping during the display of the green on the do not meet one of the other warrants of different volume curves based on the in the MUTCD because those warrants posted or statutory speed limit or the major street. This violates the expectations of drivers on the major use minimum volume thresholds for 85th percentile speed, or the location of considering the installation of a traffic the intersection. A local DOT suggested street and compromises the meaning and effectiveness of the green signal signal rather than the proximity of a adding flexibility to allow the highway-rail grade crossing. The installation of a signal to encourage indication. The FHWA believes that, even if the volume of traffic on the warrant is based on recommendations pedestrians to cross at a safe location, from an NCHRP research project.142 such as a new trail, rather than simply minor street is low when a signal is justified based on Warrant 4, it is in the The NCUTCD, two State DOTs, and to accommodate them. The FHWA two local DOTs agreed with the new disagrees with the commenter since this best interest of traffic safety that the minor street also be controlled by warrant in the NPA. A State DOT, a warrant can be used at trail crossings, local DOT, and an NCUTCD member and adopts in this final rule the signals rather than by STOP signs. A local DOT agreed with the proposed opposed the new warrant for a variety language as proposed in the NPA. of reasons, including concerns that it An NCUTCD member suggested that GUIDANCE for providing a minimum could add a significant number of ‘‘or YIELD’’ be added after the proposed distance for a pedestrian signal from unnecessary signals, perceived ‘‘STOP’’ in paragraph 04. The FHWA side streets or driveways. A State DOT inconsistency with 23 U.S.C. 130 disagrees with the suggested revision, as opposed the revision and suggested that regarding use of Federal funds, a YIELD sign is not a restrictive enough the minimum distance for a pedestrian uncertainty as to whether the warrant is traffic control device to facilitate high signal from side streets or driveways be practical or feasible since it is based on pedestrian crossing volumes and should increased to 300 feet to be consistent a research project, and the desire for not prevent the installation of a signal with the distance from a traffic signal. further review and testing before for pedestrian crossing if it is warranted. The FHWA disagrees as the two implementation as a national standard. Additionally, the suggested revision distances are for different purposes and The FHWA disagrees with these would preclude roundabouts within 300 reasons. The 100-foot distance is for low comments because meeting the warrant feet of the pedestrian signal. volume side streets or driveways that The FHWA also proposed to revise are STOP or YIELD sign controlled, to does not require installation of a signal, the OPTION statement to reduce the avoid pedestrian conflicts with side- 142 ‘‘Warranting Traffic Signals on the Basis of required pedestrian volumes for this street turning vehicles; whereas the 300- Proximity of Railroad Grade Crossings,’’ by Elena foot distance is for an adjacent traffic Shenk Prassas, William R. McShane, Edward 141 ‘‘Improving Pedestrian Safety at Unsignalized control signal or STOP sign controlling Lieberman, and Roeof Engelbrecht, was published Pedestrian Crossings,’’ TCRP Report 112/NCHRP the street to be crossed at a more by the Transportation Research Board in Report 562, Transportation Research Board, 2006, Transportation Research Record 2030, 2007, pages can be viewed at the following Internet Web site: significant intersection. A consultant 59–68, and can be viewed at the following Internet http://onlinepubs.trb.org/onlinepubs/nchrp/ suggested that a roundabout should be Web site: http://trb.metapress.com/content/ nchrp_rpt_562.pdf. evaluated as a safer option when crashes r6856337l2484256/fulltext.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00079 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66808 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

the FHWA is not aware of any conflicts clearance phase, but the flashing-light NCHRP Report 493.144 The research with Federal funding under 23 U.S.C. signals and bells should be sufficient found that the flashing yellow arrow is 130, and the consensus of practitioners where gates are impractical. The FHWA the best overall alternative to the that was developed by the NCUTCD’s in this finale rule adopts a revised circular green as the permissive signal processes is that the warrant is needed STANDARD in paragraph 09, item C, to display for a left-turn movement, has a and should be added to the MUTCD. require only flashing-light signals and high level of understanding and correct A local DOT suggested increasing the adopts GUIDANCE recommending response by left-turn drivers and a lower minimum threshold volume because a automatic gates. fail-critical rate than the circular green, signal could be warranted with only 25 The FHWA adopts this new section and the flashing yellow arrow display in vehicles in the peak one-hour period. with revisions noted above in this final a separate signal face for the left-turn The FHWA disagrees with the rule. movement offers more versatility in commenter since the language is based field application. It is capable of being 364. The FHWA adopts in this final on an NCHRP study and a signal does operated in any of the various modes of rule the new Figure 4C–9 Warrant 9, not have to be installed if the warrant left-turn operation by time of day, and Intersection Near a Highway-Rail Grade is met. is easily programmed to avoid the Crossing (One Approach Lane at the A State DOT suggested that the ‘‘yellow trap’’ associated with some Track Crossing), Figure 4C–10 Warrant warrant should only be invoked when permissive turns at the end of the 9, Intersection Near a Highway-Rail some vehicle operators will have no circular green display. The application Grade Crossing (Two or More Approach choice but to stop on the tracks to attain of flashing yellow arrow indications for Lanes at the Track Crossing), and the adequate sight distance. The FHWA right-turn movements is a logical associated Tables 4C–2, 4C–3, and 4C– agrees with commenter that the warrant extension of use for left turns and will 4, as proposed in the NPA but with is intended to prevent vehicles from provide jurisdictions with a useful tool minor editorial revisions based on queuing across a highway-rail grade to effectively control a wide variety of comments received. crossing and becoming trapped in a situations involving right turns. Further, queue with no means of clearing the Discussion of Amendments Within the optional use of flashing red arrow tracks. However, the FHWA does not Chapter 4D—General indications for permissive left-turn and make the suggested revision because right-turn applications where each this situation does not need to be 365. The FHWA in the NPA proposed successive vehicle must come to a explicitly stated in the text. to reorganize Chapter 4D so that similar complete stop before turning A local DOT suggested that subjects are grouped together in permissively provides a useful tool to STANDARD Item B be changed to adjacent sections, or combined into improve safety and operation of GUIDANCE because rail preemption single sections within the Chapter. signalized intersections in some usually involves numerous signal While the NCUTCD agreed with the circumstances. locations within the rail corridor and proposed reorganization, an NCUTCD The NCUTCD, a State DOT, two local the cost of the preemption might exceed member suggested that the explanations the original signal budget. The FHWA DOTs, an NCUTCD member, an of the meanings and applications of anonymous commenter, and a citizen disagrees since neither Section 4D.27 signal indications should precede the nor Section 8C.09 indicates that agreed with adding flashing yellow explanation of signal face arrangements, arrow and flashing red arrow. A State preemption must be applied to anything so that users could know what the other than the one intersection under DOT and four local agencies opposed indications mean and how they are to be the addition of flashing yellow arrows consideration. applied before trying to arrange them A State DOT suggested that an because of concerns about losing signal into signal faces. The FHWA agrees and display uniformity, cost implications for additional criterion be added to the in this final rule relocates NPA STANDARD that would address converting existing signals, possible proposed Sections 4D.09 and 4D.10 to driver confusion, and public locations where vehicles continuously follow Section 4D.03 as Sections 4D.04 queue on the crossing and might create educational campaign requirements. and 4D.05, respectively, and renumbers Two State DOTs, five local agencies, an a hazardous situation. The FHWA NPA proposed sections 4D.04 through points out that the words association, and an NCUTCD member 4D.08 to be Sections 4D.06 through opposed the addition of flashing red ‘‘continuously’’ and ‘‘hazardous’’ are 4D.10. undefined and too strong for this arrow left-turn faces because of situation. 366. The FHWA proposed in the NPA concerns about lack of uniformity for A State DOT opposed the requirement the addition of flashing yellow arrow signal faces, and possible driver for highway-rail grade crossing to have and flashing red arrow indications as misinterpretation. A local DOT and an both flashing-light signals and optional alternatives to a circular green anonymous commenter suggested automatic gates if a traffic signal is indication for permissive left-turn and allowing three-section flashing yellow installed based on this warrant, because right-turn movements in Part 4, which arrow displays where the flashing there are some crossings at or near affects many sections within Chapter yellow arrow and steady yellow arrow intersections where gates might not be 4D. The proposed text throughout are displayed in the same signal section. practical to install. The FHWA believes Chapter 4D incorporated the provisions This configuration was suggested to 143 that it is possible that locations exist of the Interim Approval IA–10 for provide flexibility where there are where installing gates might be flashing yellow arrows during height restrictions. The FHWA disagrees impractical, but where it is still permissive turn intervals. The Interim with these comments because the worthwhile to install a signal at the Approval and the proposed MUTCD text suggested configuration would reduce highway-highway intersection in order were are based on research contained in uniformity for flashing yellow arrow to facilitate traffic movements that enable vehicles to move off the tracks 143 FHWA’s Interim Approval #IA–10, dated 144 NCHRP Report 493, ‘‘Evaluation of Traffic March 20, 2006, can be found at the following Signal Displays for Protected/Permissive Left-Turn prior to the arrival of a train. Gates can Internet Web site: http://mutcd.fhwa.dot.gov/ Control,’’ 2003, can be viewed at the following discourage additional vehicles from resources/interim_approval/pdf/ia-10_flash Internet Web site: http://onlinepubs.trb.org/online driving onto the tracks during the track yellarrow.pdf. pubs/nchrp/nchrp_rpt_493.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00080 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66809

displays, it has not been tested, a four- flashing yellow arrow indications has different cycle lengths, not across section signal face can be used in the made the circular green displays used jurisdictional boundaries. In this final majority of situations, and if vertical with ‘‘Dallas phasing’’ obsolete and rule the FHWA relocates the paragraph clearance is an issue a horizontal face unneeded, and that the research as proposed in the NPA and makes could be used. Two local DOTs agreed supports prohibiting ‘‘separate signal editorial revisions. with the addition of flashing yellow faces’’ for left turns with circular green 369. In Section 4D.03 Provisions for arrows and flashing red arrows and indications. The FHWA adopts in this Pedestrians, the FHWA proposed in the suggested requiring the use of conflict final rule provisions in Sections 4D.17 NPA to revise the first GUIDANCE monitors/malfunction management through 4D.20 that reflect these statement to indicate that accessible units (CMs/MMUs) that monitor NCUTCD recommendations. The FHWA pedestrian signals should be provided flashing indications if flashing arrows also replaces the terms ‘‘flashing yellow where deemed appropriate by are used for left-turn control, based on arrow signal face’’ and ‘‘flashing red engineering judgment. A State DOT concerns over public safety. The FHWA arrow signal face’’ throughout the agreed with the revision. A consultant disagrees with providing additional MUTCD text and figures with agreed with the proposed revision and language about the CMs/MMUs because appropriate language, such as ‘‘a suggested elevating the GUIDANCE to a this information is too detailed in separate signal face with a flashing STANDARD, to be in conformance with electronic issues for the MUTCD. The yellow arrow.’’ the draft Public Rights-of-Way FHWA adopts the flashing yellow arrow 367. A State DOT and an NCUTCD Accessibility Guidelines (PROWAG) and flashing red arrow in Part 4, based member suggested reducing redundant which requires accessible pedestrian on the supporting research 145 and the language in Chapter 4D to provide clear signals where visual pedestrian signal usefulness of these optional displays to and concise language and using figures heads are installed and where address significant safety and within each section to reduce the pushbuttons are used. The FHWA is operational issues. amount of text. The FHWA agrees and waiting for the United States The NCUTCD in its comments also adopts in this final rule appropriate Department of Justice adoption of the recommended revising Sections 4D.17 edits and additional figures where anticipated United States Access Board through 4D.20 (Sections 4D.06 and needed. public right of way guidelines before 4D.07 in the 2003 MUTCD) to eliminate prior to revising the MUTCD on this Discussion of Amendments Within provisions that allow the use of separate issue, and therefore the FHWA adopts Chapter 4D—Specific left-turn signal faces that include the in this final rule revised language as circular green indications for permissive 368. In Section 4D.01 General, the proposed in the NPA. turns. Such separate left-turn faces are FHWA adds SUPPORT paragraph 04 as The FHWA also proposed to change the OPTION statement to a GUIDANCE those which have been used with signal proposed in the NPA, to clarify the to recommend, rather than merely displays in a configuration known as condition of a seasonal shutdown. The permit, the use of No Pedestrian ‘‘Dallas phasing,’’ which uses a separate FHWA adds this information to Crossing signs at traffic control signal signal face over the left-turn lane that incorporate clarifications into the locations where it is necessary or displays a circular green indication for MUTCD per Official Interpretation #4– desirable to prohibit certain pedestrian permissive left turns while the signal 288, dated April 27, 2005.146 A local movements, where such movements are faces for adjacent thru lanes display red DOT agreed with this revision. not physically prevented by other indications. The NCUTCD stated that The FHWA also relocates a paragraph means. The FHWA proposed this signal faces and indications for regarding coordination of traffic control signals within one-half mile of one change because if the pedestrian permissive left turns have been the movement is to be prohibited, a another from Section 4D.14 of the 2003 subject of much research over the past prohibitory sign should be used. A local MUTCD and adds it to GUIDANCE 10 or more years and the results of that DOT agreed with this revision. A State paragraph 09. The FHWA also adds that research have indicated that a circular DOT also agreed and suggested that coordination for such traffic signals green for a permissive left-turn signs should be used if it is not practical should be considered where a movement located over or in front of a to provide a barrier. The FHWA agrees jurisdictional boundary or a boundary left-turn lane is often misunderstood by and adopts in this final rule the between different signal systems falls in drivers. Also, a flashing yellow arrow to language as proposed in the NPA with between them. The FHWA includes this indicate a permissive left-turn the suggested revision. movement has proved very successful. change to encourage jurisdictions to 370. In Section 4D.04 (Section 4D.09 As a result, the NCUTCD recommended coordinate traffic signal timing plans in the NPA) Meaning of Vehicular changes that support the optional use of across jurisdictional or system Signal Indications, the FHWA in the flashing yellow arrows for permissive boundaries. A local DOT agreed with NPA proposed to add to item A(1) of the left turns, as noted above. The changes this revision. The FHWA adds a new STANDARD statement a requirement recommended by the NCUTCD to SUPPORT statement at the end of this that vehicular traffic turning left yield address the circular green permissive section that contains information the right-of-way to other vehicles left-turn in a separate signal face also regarding traffic signal coordination that approaching from the opposite direction eliminate the need to distinguish was previously in Section 4D.14 of the so closely as to constitute an immediate between three different types of separate 2003 MUTCD. A local DOT opposed hazard. The FHWA proposed this left-turn signal faces (as proposed in the this revision because they believe the change to conform the MUTCD to the NPA as items B, C, and D of the original text was clearer and more Uniform Vehicle Code and to the laws SUPPORT statement). The FHWA agrees consistent with the previous paragraph. in many States. that the available option of using The FHWA disagrees because the text is In the NPA, the FHWA also proposed intended to address control sections on editorial changes to item A(2A) of the 145 NCHRP Report 493, ‘‘Evaluation of Traffic STANDARD statement. Two local DOTs Signal Displays for Protected/Permissive Left-Turn 146 FHWA’s Official Interpretation 4–288, dated Control,’’ 2003, can be viewed at the following April 27, 2005, can be found at the following suggested further revisions to item A(2) Internet Web site: http://onlinepubs.trb.org/online Internet Web site: http://mutcd.fhwa.dot.gov/ to clarify that pedestrians cannot be pubs/nchrp/nchrp_rpt_493.pdf. resources/interpretations/pdf/4_288.pdf. legally in a crosswalk when there is a

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00081 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66810 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

green arrow indication. The FHWA a steady circular red indication is a previous phase and have not yet fully disagrees and declines to adopt the displayed shall be governed by the rules cleared the intersection when the suggested revision because the applicable to making a stop at a STOP flashing yellow arrow is first displayed. statement is intended to address the sign. The FHWA proposed this change The FHWA adopts in this final rule the situation that there may still be a to clarify the right-of-way rules for language as proposed in the NPA. pedestrian in the crosswalk, finishing turning after stopping on a circular red An NCUTCD member opposed the his or her crossing, when the green indication. The FHWA also proposed to proposed new STANDARD item E (5), arrow is first displayed. revise item C(2) related to a steady red which described the meaning of a The FHWA also proposed in the NPA arrow signal indication that is similar in flashing yellow signal indication that is to add a new item A(4) in the nature, but reflects the different displayed as a beacon at the approach STANDARD statement that pedestrians requirements for turning on a red arrow to or along a curve or other geometric facing a GREEN ARROW signal versus on a circular red. The FHWA in feature because it implied that flashing indication, unless otherwise directed by this final rule adopts the language of circular yellow beacons can be used a pedestrian signal indication or other item C of the STANDARD as proposed over curves or other geometric features traffic control device, shall not cross the in the NPA. (other than intersections) and would not roadway. A local DOT opposed the In the NPA, the FHWA proposed to necessarily have to supplement another proposed item A(4) because the text delete the information from existing traffic control sign or marker. The implies that a pedestrian can have a item D of the STANDARD statement and FHWA agrees with the comment and walk signal for a crosswalk in conflict instead describe the meanings of does not adopt proposed item E(5) in with a motorist who has a green arrow flashing yellow signal indications in a this final rule. indication across that same crosswalk. new item E and flashing red signal A local DOT opposed proposed new The commenter suggested revising the indications in a new item F, to more item F(2), which describes the meaning language to prohibit this conflict. The specifically clarify their meanings to of a flashing red arrow signal indication, FHWA disagrees because scenarios exist vehicular traffic, to pedestrians, and because of the belief that the operation where a green arrow is displayed that when displayed as a beacon. The FHWA might lead drivers to think that the would not be in conflict with the also proposed to state in new opposing movement also has a flashing pedestrian movement, such as where a STANDARD item D that a flashing green red operation and that the intersection crosswalk is parallel to a straight- indication has no meaning and shall not is functioning as stop and go on all be used. A State DOT, and four local through green arrow or where a approaches. The FHWA disagrees channelization island is used to separate DOTs agreed with the NPA’s proposals. because there has been no evidence that the pedestrian movement from a right- The FHWA in this final rule adopts the drivers have been making this turn movement on a green arrow. language of item D of the STANDARD misinterpretation when flashing red The FHWA adopts items A(1) through as proposed in the NPA. A(4) as proposed in the NPA. In new item E of the STANDARD arrows have been used, such as during The FHWA also proposed the statement, the FHWA proposed in the late night or emergency flash operation. separation of existing STANDARD item NPA to add an item 2 that describes the The FHWA also notes that a B(1) into two items to more clearly use of flashing yellow arrow indications supplementary R10–27 sign could be indicate the meaning of a steady circular for permissive turning movements in used to mitigate this concern. The yellow and a steady yellow arrow to the direction of the arrow. The FHWA FHWA in this final rule adopts the vehicular traffic. As part of this change, proposed this change to allow agencies language as proposed in the NPA. the FHWA proposed to add that a steady to use the flashing yellow arrow, as an A local DOT opposed proposed new yellow arrow signal indication warns option to the steady circular green item F(4) regarding the meaning of that the related flashing arrow indication, for intersections with flashing circular red signal indications movement is being terminated. The permitted turning phases. The used as beacons supplementing another FHWA proposed this change to provide effectiveness of the flashing yellow traffic control device, because of consistency with the addition of the arrow for this purpose has been concerns that the text is inconsistent applications of flashing yellow arrows demonstrated as reported in NCHRP with the MUTCD. The FHWA disagrees and flashing red arrows. A local DOT Report 493.147 A State DOT opposed because the commenter has opposed the revision because of this change because of concerns that the misunderstood the intent of this concerns that there will be increased text ‘‘vehicular traffic shall to yield to language, which is merely to state what driver confusion and rear-end crashes. pedestrians in the crosswalk’’ and drivers are expected to do when seeing The commenter notes that motorists ‘‘pedestrians shall yield to vehicles a flashing red Stop Beacon, as described traditionally have not been used to upon activation of the flashing yellow in Chapter 4L, that accompanies a interpreting the yellow as described in arrow’’ is contradicting. The FHWA STOP, DO NOT ENTER, or WRONG the NPA proposal because a yellow has disagrees because ‘‘vehicular traffic WAY sign. The FHWA adopts in this always come after a green movement shall to yield to pedestrians in the final rule the language as proposed in and thus never mandated a stop. The crosswalk’’ is needed to indicate that the NPA. FHWA disagrees because the concerns vehicles moving on flashing yellow 371. In Section 4D.05 Application of raised by the commenter have not been arrows must yield to the pedestrians, Steady Signal Indications (Section an issue where this display sequence and ‘‘pedestrians shall yield to vehicles 4D.10 in the NPA), the FHWA proposed has been used. The FHWA adopts in upon activation of the flashing yellow in the NPA to modify item A(2) in the this final rule the language of item B of arrow’’ is needed to clarify that first STANDARD to exclude the use of the STANDARD as proposed in the pedestrians must yield to any vehicles a circular red signal indication with a NPA. that entered the intersection legally on green arrow indication when it is The FHWA proposed in the NPA to physically impossible for traffic to go revise STANDARD item C(1) to clarify 147 NCHRP Report 493, ‘‘Evaluation of Traffic straight through the intersection, such that, where permitted, vehicles making Signal Displays for Protected/Permissive Left-Turn as from the stem of a T-intersection. In Control,’’ 2003, can be viewed at the following a right turn or a left turn from a one-way Internet Web site: http://onlinepubs.trb.org/ this final rule, the FHWA does not street onto another one-way street when onlinepubs/nchrp/nchrp_rpt_493.pdf. adopt that proposed language because it

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00082 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66811

would conflict with other provisions reported to the FHWA by the dozens of commenter requested the adoption of a adopted in Section 4D.25. highway agencies that have new STANDARD for advanced warning A citizen and two anonymous implemented flashing yellow arrows at system for high-speed roads. The FHWA commenters suggested revising item several hundred intersections under disagrees because the research supports B(4) to totally ban all yellow trap experimentation or interim approval. the ban on vehicular countdown situations and adding a figure to The FHWA in this final rule adopts the indications and therefore adopts in this illustrating the yellow trap. The FHWA language as proposed in the NPA. final rule the language as proposed in did not propose such a total ban in the An anonymous commenter suggested the NPA. NPA and believes that it is reasonable revising STANDARD item E(5)(a) (item In the NPA, the FHWA also proposed to allow for exceptions in rare cases if E (4)(a) in the NPA) to include an exception to the prohibition on a warning sign is used, as provided in preemption situations at railroad lettering for toll plaza signals. As items B(4)(c) and B(4)(d). The FHWA crossings when a flashing yellow arrow discussed below in Chapter 4K, the also notes that there is no need to changes to steady yellow arrow back to FHWA is not allowing the use of traffic illustrate yellow trap in the MUTCD a flashing yellow arrow. The FHWA control signals at toll plazas, so the because such illustrations exist in other agrees and adopts the suggested revision FHWA does not adopt the exception in documents such as handbooks in this final rule. this final rule. published by the Institute of In this final rule the FHWA also The FHWA also proposed in the NPA Transportation Engineers. revises the final STANDARD statement to add a statement in the first An anonymous commenter suggested to reflect the elimination of the use of STANDARD that strobes or other adding a new STANDARD statement circular red indications in separate left flashing displays within or adjacent to after proposed item E(1)(b) to require a turn signal faces, as discussed below in red signal indications shall not be used, steady yellow arrow following a flashing Section 4D.19, and the elimination of in order to clarify that strobes within yellow arrow or flashing red arrow in ‘‘Dallas phasing’’ signal displays, as traffic signals are not approved traffic certain situations, and revising discussed above in item 366. control devices. This would be proposed item E(2) to reflect the use of An anonymous commenter suggested consistent with FHWA’s Official flashing yellow arrow and flashing red revising the last paragraph in the final Interpretation 4–263.151 Although arrow signal indications for permissive STANDARD statement to limit the FHWA allowed experimentation with turns, as discussed in Sections 4D.17 prohibition of both flashing and steady strobes in red traffic signals in the mid- and 4D.21. The FHWA agrees and in displays in the same signal section to 1980s, the FHWA made a determination this final rule adopts a new item E(2) yellow indications, since signal faces in 1990 not to approve further and a revised item E(3) (item E(2) in the are, in some cases, allowed to display experimentations with strobe lights in NPA) for consistency with other both a flashing red and a steady red traffic signals, and to terminate all STANDARD statements in Chapter 4D indication from the same signal section experimentations with these devices that require these displays. during steady mode operation. The that were in progress at that time. As The FHWA proposed in the NPA a FHWA agrees in concept and adopts in stated in the Official Interpretation, modified item E(4) (item E(3) in the this final rule the language as proposed research conducted as part of the NPA) in the first STANDARD to permit in the NPA with revisions to address the experimentation process showed the use of a steady yellow arrow comment. inconsistent benefits and some indication to terminate a flashing yellow 372. In Section 4D.06 (Section 4D.18 significant disadvantages to the use of arrow or a flashing red arrow controlling in the 2003 MUTCD) Signal strobes and similar flashing displays. a permissive left-turn phase. The FHWA Indications—Design, Illumination, Any strobes operating within red traffic proposed this change to provide Color, and Shape, the FHWA proposed signals are not in accordance with the consistency with the addition of the in the NPA to revise the first MUTCD, and they are not under any flashing yellow arrow and flashing red STANDARD statement, which states approved experimentation. The FHWA arrow indications for permissive left that letters or numbers shall not be received comments from a State DOT turns. As documented in NCHRP Report displayed as part of a vehicular signal and two local DOTs supporting this 148 493, the steady yellow arrow was indication. The FHWA specifically revision. The NCUTCD, a State DOT, found to be successful as the change proposed to prohibit vehicular and a local DOT supported the revision interval display following the flashing countdown displays because and suggested expanding the strobe yellow arrow permissive interval. A countdown indications on vehicular prohibition to signal indications other subsequent study by the University of signal indications, and similar methods than red because a strobe is 149 Wisconsin found no evidence to of attempting to indicate a ‘‘pre-yellow’’ inappropriate with any traffic signal suggest that the flashing yellow arrow warning, such as a flashing green display. Two State DOTs, a local DOT, permissive indication negatively affects interval, have been found to lengthen and an association supported the drivers’ understanding of the steady the ‘‘dilemma zone’’ and thereby result revision and suggested clarifying yellow change interval indication. No in increased crash rates.150 A private ‘‘flashing displays adjacent to red signal problems with this display have been citizen opposed this proposed indications’’ to allow emergency vehicle prohibition on vehicular countdown preemption (EVP) confirmation lights. 148 NCHRP Report 493, ‘‘Evaluation of Traffic indications because he believes an Two State DOTs opposed the revision Signal Displays for Protected/Permissive Left-Turn advance warning of a signal change Control,’’ 2003, can be viewed at the following because they believe from anecdotal Internet Web site: http://onlinepubs.trb.org/ should be allowed for heavy trucks. The information the strobes have merit in onlinepubs/nchrp/nchrp_rpt_493.pdf. certain situations and have a positive 149 An abstract and summary of ‘‘An Evaluation 150 ‘‘Safety Evaluation of a Flashing-Green Light effect on highway safety. The FHWA of Driver Comprehension of Solid Yellow in a Traffic Signal,’’ by D. Mahalel and D.M. Zaidel, Indications Resulting from Implementation of Traffic Engineering + Control magazine, February, believes that such anecdotal information Flashing Yellow Arrow,’’ 2007, by Michael A. 1985, pages 79–81, is available for purchase from Knodler, David A. Noyce, Kent C. Kacir, and Chris Hemming Information Services, 32 Vauxhall Bridge 151 FHWA’s Official Interpretation 4–263, dated L. Brehmer, can be viewed at the following Internet Road, London, SW1V 2SS, England, at the July 2, 2003, can be found at the following Internet Web site: http://pubsindex.trb.org/document/view/ following Internet Web site: http:// Web site: http://mutcd.fhwa.dot.gov/documents/ default.asp?lbid=802137. www.tecmagazine.com/. pdf/4–263–I–FL–s.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00083 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66812 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

is insufficient to override the formal 374. In Section 4D.07 (Section 4D.15 A local DOT suggested adding an studies that have consistently shown no in the 2003 MUTCD) Size of Vehicular OPTION allowing 8-inch indications for benefit of strobes and disadvantages in Signal Indications, the FHWA proposed vehicular signal faces that exclusively some cases. A consultant disagreed with in the NPA to modify the STANDARD control a bicycle movement or bikeway the strobe prohibition because it will to require 12-inch signal indications for since 12-inch indications might be prohibit the use of the red strobe above all new signal installations, to reflect the excessive given the typical speeds and the flashing red signal indication on the predominant current signal design position of bicycles. The FHWA agrees STOP/SLOW paddle Automatic Flagger practice, to reflect the results of and in this final rule adopts the Assistance Devices (AFADs) and studies 152 that have shown the suggested OPTION. suggested revising the text or providing significant safety benefits of using 12- A State DOT requested allowing 8- an exception for construction work zone inch indications, and to make signal inch indications for ramp metering traffic control devices. The flashing red indications more visible to older signals where the indications are at eye indication of the AFAD is a Stop Beacon drivers. As part of this proposed change, level with the driver and visibility as defined in Section 4L.05 and it is a the FHWA would allow existing 8-inch might not be an issue. The FHWA highway traffic signal device so the signal indications to be retained for the disagrees and does not adopt this strobe prohibition would apply. The remainder of their useful life. In the suggestion because ramp metering FHWA is not aware of any documented NPA, the FHWA proposed to revise the signals are typically located on ramps justification for allowing an exception OPTION statement to allow the use of and many ramps are relatively high in construction work zones or AFADs. 8-inch signal indications under three speed. The ramp metering signals are The FHWA in this final rule adopts the specific circumstances where such use sometimes not anticipated by unfamiliar language as proposed in the NPA with could be advantageous. Three local road users, so prominent signal editorial revisions to clarify that the DOTs and an NCUTCD member agreed indications are important. strobe prohibition applies to all colors with the revisions. The NCUTCD and a 375. In Section 4D.08 (Section 4D.16 of signal indications and to exclude EVP State DOT suggested revising the in the 2003 MUTCD) Positions of Signal confirmation lights. proposed statement permitting existing Indications Within a Signal Face— A State DOT and an NCUTCD 8-inch indications to be retained for the General, the FHWA proposed in the member suggested prohibiting dual- remainder of their useful life from NPA to add to the STANDARD a arrow (green arrow/yellow arrow) STANDARD to OPTION to improve statement that unless otherwise stated indications because they believe that readability. The FHWA agrees and for a particular application, if a vertical they cause problems for color blind adopts the change in this final rule signal face contains a cluster(s), the face drivers. The FHWA disagrees because based on the commenters’ shall have at least three vertical dual-arrow indications have been in use recommendation. positions. The FHWA proposed this for decades with no documented The NCUTCD and a State DOT change because road users who are color problems and green-yellow color suggested adding additional items in the vision deficient identify the illuminated blindness is extremely rare in OPTION to also allow 8-inch signal color by its position relative to the other comparison to red-green color indications for supplemental near side signal sections. An NCUTCD member blindness. signal indications and along roadways noted that the proposed clause about 373. In the new Figure 4D–1 Example with speeds less than 30 miles per hour, clusters belongs in Section 4D.09 of U-Turn Signal Face that was and where the signal indications are (Section 4D.16 in the 2003 MUTCD), proposed in the NPA, a State DOT noted located less than 120 feet from the stop which discusses vertical signal faces. that the U-Turn display is not currently line. Four State DOTs, 15 local agencies, The commenter suggested adding an manufactured nor is there an ITE 2 associations, a consultant, a signal OPTION statement that allows dual red specification for it. The FHWA notes equipment supplier, and 5 citizens indications in signal faces that do not that while there is currently no ITE similarly requested allowing 8-inch control turning movements and also specification, the lens design has been signal indications in historic downtown suggested adding a GUIDANCE manufactured and is being used in some districts, residential districts, central statement to describe how the dual red jurisdictions. The signal indication is business districts, and suburban town indications are to be arranged into not required, but could be used to centers, where they believe that 12-inch clusters. The FHWA agrees with the control a U-turn movement on an indications would not be context commenter’s concerns and adopts in approach from which there is no left- appropriate. The FHWA agrees and this final rule an OPTION statement in turn movement physically possible or adopts in this final rule a revised Section 4D.09 allowing clustering of two the left-turn is prohibited. Four local OPTION allowing 8-inch circular signal circular red or two red arrow DOTs opposed the new figure because indications for near side supplemental indications in a vertically-arranged the U-turn signal display is not common signal indications and for circular signal face but prohibiting clustering of and might not be clear from long indications located less than 120 feet two identical green arrows because that distances. The FHWA disagrees from the stop line on all roadways with display can incorrectly imply that a because, although not widely used at a posted or statutory speed limit of 30 two-lane turn movement is allowed. The present, the need for U-turn signal miles per hour or less. FHWA also adopts references in Section indications is increasing and it is 4D.09 to Figure 4D–2 and certain other necessary to establish uniform 152 These studies are summarized and figures to illustrate examples of clusters. provisions for their design and use. The documented in the FHWA report ‘‘Making A local DOT suggested adding an FHWA also notes that, although the Intersections Safer: A Toolbox of Engineering OPTION to allow the use of a single- Countermeasures to Reduce Red-Light Running,’’ shape of arrow will not be able to be pages 22–23, which can be viewed at the following section signal at approaches controlled seen from as long a distance as a left- Internet Web site: http://safety.fhwa.dot.gov/ by a flashing or steady circular red turn or right-turn arrow, vehicles would intersections/docs/rlrbook.pdf and in ‘‘Signalized signal for minor driveways at signalized be decelerating to slower speeds in a U- Intersections: Informational Guide’’, FHWA intersections. The FHWA disagrees publication number FHWA–HRT–04–091, August turn lane, so that distance is not as 2004, page 283, which can be viewed at the because a single-section flashing critical. The FHWA adopts new Figure following Internet Web site: http://www.tfhrc.gov/ circular red indication is a stop beacon 4D–1 as proposed in the NPA. safety/pubs/04091/. and is discussed in Section 4L.05. If the

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00084 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66813

circular red indication alternates unless they are clustered side-by-side, to limit or the 85th percentile speed on an between flashing red and steady red, address the color blindness issue. This approach exceeds 40 mph. As then a single section is not appropriate is necessary to avoid the safety documented in two FHWA reports, because a change in position is needed consequences of a colorblind road user ‘‘Making Intersections Safer: A Toolbox and a change interval is also required. being confused by the signal display of Engineering Countermeasures to The FHWA also proposed in the NPA when two red arrows are in line with Reduce Red-Light Running’’ 155 and to add requirements to the STANDARD each other vertically. ‘‘Signalized Intersections: Informational statement for the position of U-turn 377. In Section 4D.11 Number of Guide,’’ 156 numerous studies have arrow signal sections in a signal face. Signal Faces on an Approach, the found significant safety benefits from The FHWA proposed this change to FHWA proposed in the NPA to revise locating signal faces overhead rather accommodate the new U-turn arrows as item A of the STANDARD to clarify that than at the roadside, providing one described previously in item 373. A two primary signal faces are required for overhead signal face per through lane local DOT and an NCUTCD member a straight-through movement if such when there is more than one through agreed with the revision and suggested movement exists at a location, even if it lane, providing supplemental near-side removing the reference to U-turns to the is not the major movement, and to and/or far-side post-mounted faces for right because they are rare and a circular require two primary signal faces for the added visibility, and including indication can be used. The FHWA major signalized turning movement if backplates on the signal faces. A disagrees because U-turns to the right no straight-through movement exists, study 157 of intersections in British can be used for frontage roads and such as on the stem of a T-intersection. Columbia, Canada, also found removing the text might result in The FHWA proposed this change to statistically significant collision possible misapplication. The FHWA ensure that the straight-through reductions in the range of 10 to 45 adopts in this final rule the language as movement, or major signalized turning percent when signal displays were proposed in the NPA. movement in absence of a straight- upgraded from a single overhead signal 376. In new Section 4D.09 (Section through movement, contains redundant face to two overhead faces. 4D.07 in the NPA) Positions of Signal primary signal faces in case one of the Additionally, two recent studies, by the Indications within a Vertical Signal signal faces fails, and to incorporate the URS Corporation 158 and by Bradley Face, the NCUTCD, a State DOT, a FHWA’s Official Interpretation number University,159 found that reconfiguring consultant, an NCUTCD member, and 4–295(I).153 Two State DOTs and a local diagonal signal spans to box spans or two anonymous commenters made DOT opposed the revision because they mast arm layouts with far-side signal suggestions regarding the text proposed would prefer to retain the flexibility to face locations produced significant in the NPA to incorporate signal faces provide a single signal face for specific reductions in the number of red light using a flashing yellow arrow or conditions. An NCUTCD member agreed violations and entries into the flashing red arrow for permissive turn with the revision. The FHWA agrees intersection late in the yellow change indications. The FHWA agrees and with the NCUTCD member that two interval. The FHWA proposed the deletes the term ‘‘immediately’’ from the primary signal faces shall be provided addition of this GUIDANCE to reflect second paragraph of the first for the through movement and adopts in modern signal design practices and to STANDARD adopted in this final rule this final rule the language as proposed enhance the safety of signalized and also revises the list of relative in the NPA with editorial revisions. intersections along higher-speed positions to include steady and/or The FHWA also proposed in the NPA roadways, where the potential benefits flashing yellow arrow and red arrow to add an OPTION allowing a single are greatest. For the same reasons, the sections. Similarly, the FHWA also section green arrow signal when there is FHWA also proposed that this adopts a revised Section 4D.10 (Section never a conflicting movement at an GUIDANCE also be considered for any 4D.08 in the NPA) Positions of Signal intersection. This single section signal major urban or suburban arterial street Indications within a Horizontal Signal may be used for a through movement at with four or more lanes. A citizen Face with similar revisions to the list of a T-intersection if appropriate agreed with the revision. The NCUTCD relative positions, based on the geometrics and signing are placed and a local DOT agreed but suggested commenters’ suggestions. according to an engineering study to A State DOT suggested adding a figure allow for free flow of traffic where there 155 Pages 17–27 of this report can be viewed at the to illustrate clusters. An anonymous are no conflicting movements. The following Internet Web site: http:// commenter also suggested clarifying the FHWA proposed this change to safety.fhwa.dot.gov/intersections/docs/rlrbook.pdf. last STANDARD to accommodate incorporate Official Interpretation 4– 156 ‘‘Signalized Intersections: Informational Guide’’, FHWA publication number FHWA–HRT– specific provisions in Section 4D.25 for 255(I) into the MUTCD.154 A local DOT the use of dual-arrow signal indications. 04–091, August 2004, pages 73–75 and 281–282, agreed with the revision. The FHWA in can be viewed at the following Internet Web site: The FHWA agrees and adopts in this this final rule adopts the language as http://www.tfhrc.gov/safety/pubs/04091/. final rule a revised second STANDARD, proposed in the NPA. 157 ‘‘Safety Benefits of Additional Primary Signal containing clarifications based on the In the NPA, the FHWA proposed Heads,’’ March, 1998, by Emmanuel Felipe and commenters’ suggestions, and also Dragana Mitic, can be obtained from G.D. Hamilton adding a GUIDANCE statement at the Associates, 1199 Hastings Street West, Suite 900, adopts a reference to various figures that end of the section that outlines the Vancouver, BC, V6E 3T5, Canada. illustrate clusters in vertical signal recommendations for providing and 158 Details on this study, ‘‘Far-Side Signals vs. faces. locating signal faces at intersections Diagonal Span Behavioral Research,’’ project An anonymous commenter suggested where the posted or statutory speed number 12937724, February 2006, can be obtained clarifying the positioning for flashing from URS Corporation, 3950 Sparks Drive, SE., Grand Rapids, MI 49546–2420. red arrow and steady red arrow signal 153 FHWA’s Official Interpretation 4–295(I), dated 159 Evaluation of Signal Mounting Configurations indications because of concern for color- October 19, 2005, can be viewed at the following at Urban Signalized Intersections in Michigan and blind drivers. The FHWA agrees with Internet Web site: http://mutcd.fhwa.dot.gov/ Illinois’’ by Kerrie L. Schattler, Matthew T. Christ, the commenter and adopts in this final resources/interpretations/4_297.htm. Deborah McAvoy, and Collette M. Glauber, August 154 FHWA’s Official Interpretation 4–255(I), dated 1, 2007, can be obtained from the Department of rule a revised STANDARD paragraph 03 February 19, 2003, can be viewed at the following Civil Engineering and Construction, Bradley that effectively prohibits two adjacent Internet Web site: http://mutcd.fhwa.dot.gov/ University, 1501 West Bradley Avenue, Peoria, IL red arrow sections in a vertical face documents/pdf/4-255-I-NE-s.pdf. 61625.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00085 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66814 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

revising the speed threshold value to 45 through signal faces should be located Vehicular Signal Faces for Approaches miles per hour or higher to eliminate a overhead. The revised GUIDANCE with Posted, Statutory, or 85th potentially ambiguous situation where indicates that it applies only to new or Percentile Speed of 45 mph or Higher, 85th percentile speeds are between 40 reconstructed signal installations. The with revisions to reflect adopted and 45 miles per hour and neither the FHWA believes that the adopted revisions in the text of Section 4D.11. posted nor the statutory speed exceed GUIDANCE and the associated table 378. In Section 4D.12 (Section 4D.17 40 miles per hour. The FHWA agrees will enhance safety as new and in the 2003 MUTCD) Visibility, Aiming, and adopts in this final rule the reconstructed signals are installed on and Shielding of Signal Faces, the language as proposed in the NPA with higher-speed approaches as well as FHWA proposed in the NPA a revised the suggested revision. accommodate older existing signals for 4th paragraph of the first GUIDANCE A large city DOT opposed the the remainder of their service life. statement to add that signal backplates proposed new GUIDANCE statements However, the FHWA disagrees with the should be used on all of the signal faces because of concerns that providing one NCUTCD’s suggestion for adding that face an approach with a posted or signal face per through lane is too specific guidance on the number and statutory speed limit or 85th percentile extreme and will place an unnecessary location of signal faces for approaches speed is 45 mph or higher, and that financial hardship on agencies. The with speeds less than 45 mph, because signal backplates should be considered commenter said the collision data and such a provision was not proposed in when the speeds are less than 45 mph. red light running data in that city does the NPA and should be subject to the The FHWA proposed this change to not support the NPA recommendation review and comment process of a future reflect modern signal design practices to and suggested replacing the GUIDANCE rulemaking. The FHWA adopts the enhance safety by increasing the with a new statement that would language as proposed in the NPA that visibility of signal faces on higher-speed recommend practices similar to those merely recommends that the same approaches, especially for older drivers, used in California. The NCUTCD and a layouts as for higher speed approaches to reflect safety studies as documented State DOT agreed with the general be considered for any major urban or in the FHWA reports ‘‘Signalized concepts of the NPA proposal but suburban arterial street with four or Intersection: Informational Guide’’ 160 suggested replacing GUIDANCE items A more lanes and other approaches with and ‘‘Making Intersections Safer: and B with a table to list the speeds less than 45 mph. Toolbox of Engineering recommended number of signal heads A State DOT and four local agencies Countermeasures to Reduce Red Light for various lane and speed opposed the proposed GUIDANCE item Running,’’ 161 as well as combinations, including certain speed C recommending that separate signal recommendations from the Older Driver ranges below 45 mph, and faces controlling exclusive turn lanes handbook.162 Two local DOTs agreed recommended fewer overhead signal should be located overhead, with the revision. The FHWA also faces than one signal per through lane approximately over the center of the received comments about providing in some cases. A State DOT agreed with turn lane, because of concerns about the exceptions to the backplate the new GUIDANCE, but suggested that lengths of mast arms that will be recommendations and in opposition to it be lowered to an OPTION. Three State needed. The FHWA disagrees with the backplates similar to comments received DOTs, 13 local agencies, an NCUTCD commenters because the proposed in Section 4D.11. The FHWA in this member, a consultant, and a citizen GUIDANCE is based on best practices final rule adopts the language as opposed GUIDANCE item B regarding currently in use in many jurisdictions proposed in the NPA. locating a signal face over the center of and therefore adopts in this final rule The FHWA also proposed an OPTION each through lane because of concerns the GUIDANCE as proposed in the NPA. statement allowing the use of yellow about the cost for agencies, aesthetics, Three State DOTs supported retroreflective strips along the perimeter increased energy usage, shortening of GUIDANCE item E (item D in the NPA) of a signal face backplate. The FHWA the operating time for battery backups, about supplemental signal faces, with proposed this change to increase the liability issues, lack of effectiveness for editorial comments. The FHWA adopts conspicuity of the signal face at night, increased visibility, and lack of design in this final rule the language as and to add language to the MUTCD in flexibility for engineers. proposed in the NPA with editorial accordance with Interim Approval IA–1, In consideration of the comments changes. dated February 2, 2004.163 A local DOT received, the FHWA adopts in this final Two State DOTs, two local agencies, agreed with the revision. Another local rule a revised GUIDANCE that and an NCUCTD member agreed with DOT also agreed but suggested that the references a new Table 4D–2 GUIDANCE item F (item E in the NPA) minimum width be changed to zero. ‘‘Recommended Minimum Number of about backplates but suggested making The FHWA notes that the use of the Primary Signal Faces for Through exceptions for pole-mounted, Traffic on Approaches with Posted, supplemental, and cluster signals 160 ‘‘Signalized Intersections: Informational Statutory, or 85th Percentile Speed of 45 because of concerns about needing Guide,’’ FHWA publication number FHWA–HRT– mph or Higher’’ in this final rule. The larger pole foundations and their 04–091, August 2004, pages 288–290, can be opinion that the need for backplates is viewed at the following Internet Web site: http:// adopted text and table recommend that www.tfhrc.gov/safety/pubs/04091/. all primary faces should be located on not critical on supplemental or pole- 161 Page 26 of this report can be viewed at the the far side, that the total number of mounted signals. A State DOT and five following Internet Web site: http:// overhead and/or post-mounted far side local agencies opposed item E because safety.fhwa.dot.gov/intersections/docs/rlrbook.pdf. primary signal faces should equal the of concerns about additional wind 162 ‘‘Guidelines and Recommendations to number of through lanes on approaches loading and they believe mast arms Accommodate Older Drivers and Pedestrians,’’ FHWA Report no. FHWA–RD–01–051, May 2001, with two or more through lanes, and provide contrast with the signal head. can be viewed at the following Internet Web site: that certain minimum numbers of those The FHWA disagrees and adopts in this http://www.tfhrc.gov/humanfac/01105/cover.htm. total signal faces should be located final rule item F because on high speed Recommendation #I.N(3) overhead on the far side of the approaches the need for contrast is very 163 The Interim Approval for Use of Retroreflective Border on Signal Backplates, intersection. A note in the table also important for all signal faces. number IA–1, dated February 6, 2004, can be indicates that, if practical, all of the The FHWA also adopts the proposed viewed at the following Internet Web site: http:// recommended total number of primary Figure 4D–3, retitled Recommended mutcd.fhwa.dot.gov/pdfs/ia_retroborder.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00086 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66815

retroreflective strip is optional and any lane(s) and opposing vehicular traffic FHWA disagrees because the FHWA width less than an inch would provide where a circular green signal indication believes the research supports the new limited benefit. The FHWA in this final is used for permissive left turns, signal GUIDANCE, because the FHWA did not rule adopts the language as proposed in faces containing a circular green signal propose it as a STANDARD, and the NPA. indication should not be post-mounted because the GUIDANCE only applies to In this final rule, the FHWA also on the far side median or located new and reconstructed signals. The editorially revises the order in which overhead above an exclusive left-turn FHWA in this final rule adopts the the paragraphs of Section 4D.12 appear, lane or the extension of the lane. The language as proposed in the NPA with to more logically group like topics FHWA proposed this change because minor editorial revisions. together. NCHRP Report 493 165 found that the 381. The FHWA adopts the provisions 379. In Figure 4D–4 (Figure 4D–2 in circular green permissive left-turn in Section 4D.17 through 4D.20 the 2003 MUTCD) Lateral and indication is confusing to some left-turn (Sections 4D.06 and 4D.07 in the 2003 Longitudinal Location of Primary Signal drivers who assume it provides right-of- MUTCD) and elsewhere in Chapter 4D, Faces, a local DOT suggested deleting way during the permissive interval. The as proposed in the NPA, that allow the this figure because the MUTCD FHWA believes that placement of the use of flashing yellow arrow and proposed to mandate 12-inch circular green indication directly above flashing red arrow indications. The indications for all new installations. The or in line with an exclusive left-turn FHWA also adopts the NCUTCD FHWA disagrees that the figure is lane exacerbates the safety issues with recommendation to eliminate separate obsolete, since it illustrates the 20- this display. Research166 found that left-turn signal faces that include degree ‘‘cone of vision’’ provisions that found that displaying a circular green circular green indications for permissive are still in effect and since 8-inch lenses signal indication directly over an left turns. Both changes are discussed will still be allowed for certain exclusive left-turn lane led to a higher above in item 366. situations. The FHWA adopts Figure left-turn crash rate than ‘‘shared’’ 382. In Section 4D.17 (Section 4D.06 4D–4 as proposed in the NPA but with displays placed over the lane line in the 2003 MUTCD) Signal Indications revisions to reflect adopted revisions in between the left-turn lane and the for Left-Turn Movements—General, a the text of Chapter 4D. adjacent through lane or to the right of State DOT agreed with the proposed 380. In new Section 4D.13 Lateral that line. Placing the shared signal addition of flashing yellow arrows and Positioning of Signal Faces, the FHWA display over the lane line or to the right also suggested allowing a four-signal proposed in the NPA a STANDARD of it helps to promote the idea that the indication display for protected/ requiring that overhead-mounted turn signal display with the circular green permissive left-turn mode with green signal faces of certain types for indication is being shared by the left- arrow, steady yellow arrow, flashing red exclusive turn lanes shall be located turn and through lanes. This can help arrow, and steady red arrow in a ‘‘T’’ directly over the turn lane. The FHWA reduce the infrequent but very configuration so that the agency can proposed this statement to ensure that dangerous occurrence of the circular retrofit existing signals with flashing red drivers associate the proper turn signal green permissive indication being arrows. The FHWA disagrees and notes face with the exclusive turn lane and misunderstood as a protected ‘‘go’’ that the configuration suggested by the because the research documented in indication by left-turn drivers. The commenter is prohibited because a NCHRP Report 493 164 found that this NCUTCD and a local DOT agreed with change interval must be displayed after location produced the best driver the proposed revision. A State DOT also the flashing red arrow and before the understanding and correct behavior. A agreed and recommended elevating the steady red arrow. Sections 4D.17 local DOT agreed with the revision. Two GUIDANCE to STANDARD to prohibit through 4D.20 require a steady yellow State DOTs also agreed but suggested the use of circular green indications. A arrow change interval because the reducing the STANDARD to GUIDANCE State DOT agreed and suggested revising change from flashing red arrow to because there are numerous existing the language to clarify that the steady red arrow would not necessarily signals that do not meet the criteria GUIDANCE applies to all situations, not be noticed by road users and makes because of short mast arms. A State DOT only where a permissive left turn violators of those who enter the and two local DOTs opposed the new opposes a protected left turn. Two local intersection on steady red arrow during STANDARD predominantly because of DOTs agreed with the revision but the timed change interval. cost to upgrade existing signals and suggested an exception when the A consultant suggested revising the concerns about long masts arms in high circular green indication is definition of variable left-turn mode in wind areas. The FHWA disagrees accompanied by an R10–12 sign. Six paragraph 02, item D, so as to not imply because the state of the art for both State DOTs, nine local agencies, an that the service type must change during guide signing and signals is to provide NCUTCD member, and a citizen the day and as a result preclude the use specific traffic control/movement opposed the new GUIDANCE based on of varying left-turn modes on specific information to each lane to reduce their local experience and concerns days or for construction activities. The driver confusion, especially at complex about prohibiting variable mode left- FHWA agrees and in this final rule adds intersections, and the research validates turn phasing, and additional costs to ‘‘or as traffic conditions change’’ to this this practice for turn signals. The FHWA agencies to modify existing signals. The item D and also to comparable text in in this final rule adopts the language as STANDARD paragraph 08. The FHWA proposed in the NPA. 165 NCHRP Report 493, ‘‘Evaluation of Traffic also adopts similar changes for variable In the NPA the FHWA also proposed Signal Displays for Protected/Permissive Left-Turn right-turn mode in Section 4D.20. to add a GUIDANCE statement that, for Control,’’ 2003, page 57, can be viewed at the The FHWA in the NPA proposed a new or reconstructed signals, on an following Internet Web site: http:// onlinepubs.trb.org/onlinepubs/nchrp/ STANDARD statement specifying the approach with an exclusive left-turn nchrp_rpt_493.pdf. requirements for signal indications on 166 ‘‘An Evaluation of Permissive Left-Turn Signal the opposing approach and for 164 NCHRP Report 493, ‘‘Evaluation of Traffic Phasing,’’ by Kenneth R. Agent, ITE Journal, Vol. conflicting pedestrian movements Signal Displays for Protected/Permissive Left-Turn 51, No. 12, December 1981, pages 16–20, may be during permissive and protected left- Control,’’ 2003, can be viewed at the following obtained from the Institute of Transportation Internet Web site: http://onlinepubs.trb.org/ Engineers at the following Web site: http:// turn movements. The FHWA proposed onlinepubs/nchrp/nchrp_rpt_493.pdf. www.ite.org. this addition for consistency with other

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00087 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66816 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

requirements in Part 4. A local DOT STANDARD. Accordingly, in this final through and left-turn indications begin agreed with the addition, but suggested rule the STANDARD is adopted as and terminate at the same time. The allowing an exemption for a green proposed in the NPA. FHWA disagrees because this provision display for one direction only during An NCUTCD member noted that a is necessary for intersections that have preemption. In the commenter’s SUPPORT paragraph proposed in the variable lane uses and signal phasing by jurisdiction a flashing UPRAISED NPA did not contain SUPPORT time of day. The FHWA in this final rule HAND is shown during preemption and language. The FHWA agrees that the adopts the language as proposed in the therefore it is not possible to display a existing language can only be NPA. green left-turn arrow because it conflicts interpreted as prohibitory in nature and An anonymous commenter suggested with that pedestrian signal display. The in this final rule adopts this statement revising STANDARD paragraph 01 to FHWA notes that the NPA proposed as a STANDARD with editorial allow a vertical green arrow for provisions do not preclude the revisions. The intent of the language is situations where a shared signal face is commenter’s operation as long as a to prohibit the display of the yellow used for the protected only left-turn yellow trap is not created. A consultant change interval when the left-turn mode. The FHWA agrees and also agreed with the addition and suggested operation is changing from permissive adopts in this final rule an OPTION to revising the language to emphasize how mode to protected mode, consistent allow a vertical arrow in place of the the provision may be used to avoid the with other STANDARD provisions circular green display where right turns yellow trap. The FHWA notes that elsewhere in Chapter 4D. are not allowed. The FHWA also adopts similar provisions are provided in 383. The FHWA adopts in this final a similar revision in the comparable Section 4D.05 (NPA Section 4D.10) rule the NPA proposed new Section paragraph regarding right turns in regarding the yellow trap and therefore, 4D.18 Signal Indications for Permissive Section 4D.23. in this final rule adopts the language as Only Mode Left-Turn Movements with The FHWA in the NPA proposed to proposed in the NPA. revisions to prohibit circular green eliminate the STANDARD allowing the In the NPA, the FHWA also proposed indications for permissive left-turn use of protected-only mode signal faces a STANDARD prohibiting the use of a movements in separate left-turn signal with the combination of circular red, protected-only mode left-turn phase faces, as previously discussed in item left-turn yellow arrow, and left-turn which begins or ends at a different time 366. A State DOT suggested adding an green arrow. The FHWA proposed this than the adjacent through movements OPTION to allow a circular red signal change to enhance uniformity by unless an exclusive left-turn lane is indication as a replacement to the red requiring States and municipal agencies provided. The FHWA proposed this arrow for permissive only mode left to use a left-turn red arrow instead of a change because, without an exclusive turns as allowed by Interim Approval circular red for protected-only mode left-turn lane, the operation of a IA–10, Section 2, Signal Face left-turn signals. Red arrow signal Arrangement, item b. The FHWA indications have been in use for over 35 protected-only mode left-turn phase disagrees because the Interim Approval years, are extensively implemented for forces left-turning vehicles to await the allowed the option of circular red since, protected turn movements in the display of the protected green arrow at the time the Interim Approval was majority of States, are well understood while stopped in a lane used by through issued, the 2003 MUTCD allowed that by road users, present an unequivocal vehicles, causing many approaching option for separate left-turn signal faces message regarding what movement is through vehicles to abruptly change and there are a few States where red prohibited when the red indication is lanes to avoid delays, which can result arrows have not been used. As displayed, and eliminate the need for in inefficient operations and rear-end discussed below regarding Section the use of a supplemental R10–10 LEFT and sideswipe type crashes.167 If an 4D.19, the FHWA eliminates the TURN SIGNAL sign. A local DOT exclusive left-turn lane is not present circular red in this final rule for separate agreed with the revision. An anonymous and a protected only mode is needed for left-turn faces and therefore declines to commenter suggested allowing a the left-turn movement, ‘‘split-phasing,’’ add it as an OPTION. circular red indication for protected- in which the protected left-turn An anonymous commenter suggested only left turns from a one-way street movement always begins and ends at adding a new STANDARD item onto another, at intersection approaches the same times in the signal cycle as the permitting a ‘‘Left Turn Yield on that have a gentle left turn with a 45- adjacent through movement, can be Flashing Yellow’’ sign with the flashing degree green arrow indication, such as used. The NCUTCD and a State DOT yellow arrow signal face. The FHWA single-point urban interchanges, and at supported the prohibition, recognizing disagrees because the research 168 found approaches with shared left-turn/right- this is an unacceptable practice. Two that such a sign is not needed and turn lanes and no through movements to State DOTs and four local agencies therefore the FHWA does not want to be consistent with Section 4D.25. The disagreed and suggested deleting the encourage the use of a sign, but the FHWA disagrees because an R10–17a STANDARD or reducing it to FHWA also notes that Chapter 2B sign can be used with the red left arrow, GUIDANCE or OPTION because their allows agencies to develop their own the red arrow must match the green and experience has shown that this word message signs. yellow arrows for uniformity and operation provides operational benefits 384. The FHWA proposed in the NPA consistency, and the T-intersection in special circumstances. The FHWA a new Section 4D.19 Signal Indications described does not apply to Section disagrees, because this prohibition for Protected Only Mode Left-Turn 4D.25, which addresses only the case of addresses the issue of unsafe last-second Movements. An NCUTCD member T-intersections with a shared left-turn/ lane changing and the commenters have suggested deleting STANDARD item D right-turn lane without a through not provided supporting data to justify because the shared protected-only left- movement. A State DOT opposed the reducing the statement from a turn face can only be used when the revision and suggested adding an OPTION to allow the use of the circular 167 ‘‘Signalized Intersections: Informational 168 NCHRP Report 493, ‘‘Evaluation of Traffic red signal with a supplemental R10–10 Guide’’, FHWA publication number FHWA–HRT– Signal Displays for Protected/Permissive Left-Turn sign because they believe the circular 04–091, August 2004, page 307, can be viewed at Control,’’ 2003, can be viewed at the following the following Internet Web site: http:// Internet Web site: http://onlinepubs.trb.org/ red signal provides better visibility and www.tfhrc.gov/safety/pubs/04091/. onlinepubs/nchrp/nchrp_rpt_493.pdf. it allows agencies to stock one type of

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00088 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66817

red signal display. The FHWA disagrees section signal face where there are A local DOT suggested that the because allowing the option would be horizontal spacing limitations. The displays of right-turn indications with inconsistent with the MUTCD FHWA agrees and adopts in this final u-turn signal indications should be uniformity goals. rule revised STANDARD text to allow further clarified. The FHWA agrees and Two local DOTs suggested providing lateral positioning limitations for adopts in this final rule a new an OPTION to allow variable mode left- horizontally-mounted signal faces and STANDARD paragraph to address the U- turn phasing, to be consistent with additional text to allow the same three- turn arrow signal indications. Section 4D.18. The NCUTCD also section face to include a dual-arrow The FHWA also proposed to add a suggested adding OPTION statements to section capable of alternately displaying STANDARD statement specifying the allow separate left-turn signal faces with steady green and flashing yellow requirements for left-turn signal a flashing left-turn yellow arrow and arrows. The FHWA adopts a comparable indications on the opposing approach signal faces with flashing left-turn red change in similar provisions in Section and for conflicting pedestrian arrows to operate in a variable turn 4D.24. movements during permissive and mode. The FHWA agrees and adopts in A local DOT opposed the proposed protected right-turn movements. The this final rule the OPTION statements as 2nd STANDARD item I for separate left- FHWA proposed this addition for recommended. turn signal faces with a flashing yellow consistency with other requirements in 385. In new Section 4D.20 Signal arrow because the language would Part 4. The FHWA proposal would also Indications for Protected/Permissive suppress further research of viable and prohibit the use of a protected-only Mode Left-Turn Movements, the FHWA efficient ways to implement the flashing mode right-turn phase which begins or adopts text as proposed in the NPA, but yellow arrow at protected only left-turn ends at a different time than the with revisions comparable to and intersections. The commenter also adjacent through movements unless an consistent with those adopted in stated that there is no research showing exclusive right-turn lane is provided. Sections 4D.17 through 4D.19. the prohibited method is unsafe or Similar to item 382 above for left turns, A State DOT suggested revising the otherwise ineffective and that the new the FHWA proposed this change first STANDARD item A for shared hybrid beacon allows this in the yellow because, without an exclusive right-turn signal faces to require terminating a signal. The FHWA disagrees because lane, the operation of a protected-only green arrow and circular green there has not been sufficient research or mode right-turn phase forces right- indication with a combination steady experimentation to justify allowing the turning vehicles to await the display of yellow arrow and circular yellow. The displays suggested by the commenters. the protected green arrow while stopped FHWA disagrees because the proposed An anonymous commenter agreed in a lane used by through vehicles, language is not applicable in a four- with the proposed 3rd STANDARD causing many approaching through section signal face where no yellow items E and F for separate left-turn vehicles to abruptly change lanes to arrow is provided. Also, the provision signal faces with a flashing red arrow. avoid delays, and this can result in states that the yellow arrow ‘‘shall not The same commenter expressed inefficient operations and rear-end and be required’’ and therefore agencies can concerns about requiring the display of sideswipe type crashes. A local DOT choose to display both the circular flashing red arrow and steady red arrow and an anonymous commenter agreed. yellow and steady yellow arrow during signal indications in the same signal Two local DOTs suggested adding an the change interval. A State DOT section because of color-blind driver exception to STANDARD paragraph 03 suggested editorial revisions to concerns. The FHWA agrees with the for applications where there is raised or STANDARD items A, B, C, and E for commenter regarding the color painted channelization that prevents shared signal faces to consolidate the blindness issue and adopts in this final conflicts with opposing left-turn text, but the FHWA declines to make the rule an OPTION allowing side-by-side vehicles. The FHWA agrees with changes because, although there is some clustering of two red left arrows, one commenters if the right-turn movement overlap, all four items state different steady and one flashing. The FHWA and the opposing left-turn movement ideas. also adopts this OPTION for comparable can depart from the intersection in their In item C of the first STANDARD, the provisions in Section 4D.24. own dedicated lanes without conflict as FHWA revises the text in this final rule 386. In the NPA the FHWA proposed described in Section 4D.05 (NPA to state that when the left-turn GREEN a new Section 4D.21 Signal Indications Section 4D.10). The FHWA adopts in ARROW and CIRCULAR GREEN signal for Right-Turn Movements—General. this final rule a reference to Section indications are being terminated The FHWA proposed revising the 4D.05 to clarify the protected right-turn together, the required display following provisions to prohibit the display of a operation. the left-turn GREEN ARROW signal circular green for a permissive right-turn 377. In the NPA the FHWA proposed indication shall be either the display of movement in a separate right-turn signal a new Section 4D.22 Signal Indications a CIRCULAR YELLOW signal indication face over or in front of a right-turn lane for Permissive Only Mode Right-Turn alone or the simultaneous display of the to parallel the NCUTCD Movements with revisions prohibiting CIRCULAR YELLOW and left-turn recommendation for separate left-turn the use of circular green in a separate YELLOW ARROW signal indications. signal faces. The FHWA proposal noted right turn signal face operating in This revision provides additional that this would not disallow the permissive mode as previously flexibility to jurisdictions to display common use of a five-section face over discussed in item 366. both the steady yellow arrow and steady the right turn lane, typically for a ‘‘right An anonymous commenter suggested circular yellow simultaneously and turn overlap’’ situation, as the five- deleting ‘‘and the opposing right-turn reflects a common practice. The FHWA section would be considered a ‘‘shared signal faces display right-turn green makes a similar revision in this final face.’’ Similarly, a three-section face arrow signal indications for a protected rule to comparable text for right turns in over a right-turn lane, with all circular right-turn movement’’ in STANDARD Section 4D.24. indications that always display the same item E for separate right-turn signal An anonymous commenter suggested color circular indications as the adjacent faces with a flashing red arrow to clarify revising the second STANDARD item H through signal faces would also be a that the opposing right turn is not for separate left-turn faces with a ‘‘shared’’ face and would not be relevant in this situation. The FHWA flashing yellow arrow to allow a three- prohibited. agrees and in this final rule deletes the

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00089 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66818 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

phrase from the adopted item E as opposing direction. The FHWA includes proposed in the NPA to revise the first suggested. this new section to provide explicit STANDARD regarding yellow change 388. In new Section 4D.23 Signal information regarding shared left-turn/ intervals to account for the introduction Indications for Protected-Only Mode right-turn lanes, which has not of the flashing yellow arrow and Right-Turn Movements, the FHWA previously been included in the flashing red arrow for permissive turn proposed in the NPA to retain the MUTCD, and to enhance uniformity of phases. A State DOT and two local provision located in Section 4D.07 of displays for this application. A local DOTs suggested revising the text to the 2003 MUTCD that allows the use of DOT agreed. allow a green arrow to follow a flashing protected only mode right-turn signal Another local DOT suggested yellow arrow to be consistent with faces with the combination of circular allowing the use of a four-section signal Section 4D.20. A local DOT also red, right-turn yellow arrow, and right- face where a steady circular yellow suggested exempting the change interval turn green arrow. Although the use of follows both left-turn and right-turn when going from the flashing red arrow circular red indications for protected- green arrows instead of the five-section to a green arrow. The FHWA agrees with only mode left-turns has been signal face, because this might save the commenters and adopts in this final eliminated for left-turn signal faces in space in certain applications. The rule a revision in the 1st STANDARD to item 384 above, the FHWA believes that FHWA disagrees because the suggested exempt the change interval between the circular red should be retained for use signal display will require a yellow permissive interval and the lagging with protected-only mode right-turn change interval that requires two protected interval in turn signals. movements because of the different different yellows being displayed In the NPA, the FHWA proposed meanings of the circular red and the simultaneously. changing the first OPTION statement to right-turn red arrow signal indications The commenter also suggested a GUIDANCE, to recommend, rather regarding right-turn-on-red after stop. allowing for the option of a flashing left- than merely permit, that a yellow Circular red would be used in a turn yellow arrow and flashing right- change interval should be followed by a protected-only mode right turn signal turn yellow arrow being displayed red clearance interval to provide face if it is intended to allow right turns simultaneously ‘‘when the lack of additional time before conflicting on red after stopping. The FHWA also vehicular conflict is because a red signal movements are released, when proposed to add STANDARD statements indication is being displayed to traffic indicated by the application of for the use of flashing yellow arrow and on the opposing approach’’ when there engineering practices as discussed flashing red arrow signal indications for is a conflicting vehicular or pedestrian below. The FHWA proposed this change protected only mode right-turn movement. The commenter believes this based on safety studies indicating the movements. The FHWA adopts in this would serve to reinforce the DO NOT positive effect on safety of providing a final rule the language as proposed in ENTER condition when a two-way street red clearance interval and surveys the NPA with revisions incorporating intersects a one-way street with the use indicating that use of a red clearance the NCUTCD’s recommendations in of the two turn arrows as well as interval is a predominant practice by Section 4D.17 about consolidating all provide notice to motorists that they jurisdictions, as documented in the text regarding ‘‘separate’’ signal faces. must yield when making either turn. FHWA report ‘‘Making Intersections 389. In new Section 4D.24 Signal The FHWA disagrees because the Safer: Toolbox of Engineering Indications for Protected/Permissive provisions require a five-section shared Countermeasures to Reduce Red Light Mode Right-Turn Movements, the face with two steady yellow arrows, one Running.’’ 169 A State DOT agreed with FHWA adopts the text as proposed in for right turns and one for left turns. A the revision. Another State DOT and the NPA, but with revisions for single circular yellow would not be five local agencies opposed the revision consistency with adopted text in consistent with the steady yellow because of concerns that there is a lack Sections 4D.21 through 4D.22. arrows used for the change interval in of evidence to support elevating this 390. The FHWA also adopts several the faces for the exclusive turn lane(s) provision to GUIDANCE, laws about new figures that illustrate positioning on the approach. change intervals vary by State, and the and arrangements of signal sections in A State DOT and an anonymous GUIDANCE does not provide flexibility left turn signal faces (Figures 4D–6 to commenter suggested adding figures to to use engineering judgment. The 4D–12) and right turn signal faces illustrate potential signal head FHWA notes that the proposed text does (Figures 4D–13 to 4D–19). The FHWA configurations, particularly for not recommend red clearance intervals adopts these new figures in order to situations with pedestrian for all signals, only to provide them enhance understanding and correct accommodations because the text is when it is indicated by the application application of the relatively complex difficult to interpret. The FHWA agrees of engineering practices, such as the ITE requirements and options for turn and adopts a new Figure 4D–20 in this formulas. The FHWA disagrees with the signals. In this final rule, the FHWA final rule. commenters because studies 170 have adopts minor revisions to these figures An anonymous commenter noted that shown safety benefits when yellow and to reflect changes in applicable text. the provisions of this Section are an red clearance times are used per the ITE 391. The FHWA adopts Section 4D.25 exception to the STANDARD in Section Signal Indications for Approaches With 4D.19 that requires the use of a red 169 Pages 35–36 of this report can be viewed at the a Shared Left-Turn/Right-Turn Lane and arrow indication for a protected only following Internet Web site: http:// No Through Movement, as proposed in left-turn movement that is for a safety.fhwa.dot.gov/intersections/docs/rlrbook.pdf. the NPA but with editorial revisions for separately-controlled protected only left 170 NCHRP Research Results Digest 299, clarity. This new section contains turn. The FHWA agrees and in this final November 2005, can be viewed at the following Internet Web site: http://onlinepubs.trb.org/ SUPPORT, STANDARD, and OPTION rule adopts text indicating that the onlinepubs/nchrp/nchrp_rrd_299.pdf. This digest statements regarding this type of lane circular red displays required in Section includes data from the study ‘‘Changes in Crash that is shared by left-turn and right-turn 4D.25 are an exception to what would Risk Following Retiming of the Traffic Signal movements on an approach that has no otherwise be required by Chapter 4D. Change Intervals,’’ by R.A. Retting, J.F. Chapline, and A.F. Williams, as published in Accident through movement, such as the stem of 392. In Section 4D.26 (Section 4D.10 Analysis and Prevention, Volume 34, number 2, a T-intersection or where the opposite in the 2003 MUTCD) Yellow Change pages 215–220, available from Pergamon Press, approach is a one-way roadway in the and Red Clearance Intervals, the FHWA Oxford, NY.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00090 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66819

formulas. The FHWA adopts this final individual intersection and/or corridor, of flashing green indications, rule the language as proposed in the whichever occurs first, for the durations countdown vehicular signals, or similar NPA. of yellow change intervals and red displays intended to provide a ‘‘pre- The FHWA also proposed in the NPA clearance intervals at existing locations yellow warning’’ interval. Flashing to revise the second STANDARD to be based on engineering practices. beacons on advance warning signs on statement to indicate that the durations The FHWA establishes this target the approach to a signalized location are of the yellow change interval and, when compliance date because of the exempted from the prohibition. The used, the red clearance interval, shall be demonstrated safety benefits, as FHWA proposed this change to make determined using engineering practices, discussed above, of proper engineering- the MUTCD consistent with FHWA and also proposed to add a new based timing of these critical signal Official Interpretation #4–246.173 The SUPPORT statement to indicate that intervals. Traffic signals and signal FHWA notes that it did not intend to engineering practices for determining control equipment have a very long include pedestrian countdown signals the durations of these intervals can be service life (30 to 50 years is not in the provision and therefore adopts in found in two publications from the ITE. uncommon) and very long intervals this final rule revised language to add The FHWA proposed this to enhance between signal retiming are typical at ‘‘vehicular’’ before ‘‘signal displays’’ in safety at signalized intersections by many traffic signal locations in many order to exclude pedestrian countdown requiring that accepted engineering jurisdictions. The FHWA believes that signals. methods be used to determine the relying on systematic upgrading 393. In Section 4D.27 (Section 4D.13 durations of these critical intervals provisions (23 CFR 655.603(d)(1)), based in the 2003 MUTCD) Preemption and rather than random or ‘‘rule of thumb’’ on service life, to achieve compliance Priority Control of Traffic Control settings, and by recommending the with this critical timing need would Signals, the FHWA proposed in the provision of a red clearance interval take an inordinately long time, to the NPA to add a GUIDANCE statement when such accepted engineering detriment of road user safety. State and recommending that agencies provide practices indicate that a red clearance local highway agencies and owners of back-up power supplies for signals with interval is needed. As documented in private roads open to public travel can railroad preemption or that are the FHWA report ‘‘Signalized minimize any impact of this signal coordinated with flashing-light signal Intersections: Informational Guide,’’ 171 timing requirement by adopting a policy systems, with the exception of traffic a variety of studies from 1985 through for determining durations of yellow control signals interconnected with light 2002 have found significant safety change and red clearance intervals that rail transit systems. The FHWA benefits from using accepted is based on engineering practices as proposed this change to ensure that the engineering practices to determine the discussed in Section 4D.26 and then by primary functions of the interconnected durations of yellow change and red applying that policy whenever an signal systems still function in a safe clearance intervals. Recent safety existing individual signal location or manner in the event of a power failure. studies 172 have further documented system of interconnected locations is Four State DOTs and a local DOT agreed significant major reductions in crashes being checked or adjusted for any with the addition. A State DOT and two when jurisdictions have revised the reason, such as investigation of citizen local DOTs opposed the GUIDANCE durations of the yellow change and red complaints or routine maintenance. because of concerns about the increased clearance intervals using the accepted The FHWA also proposed in the NPA cost for installation and maintenance engineering practices. A State DOT and to add a new STANDARD statement that and that the large cabinet sizes might two local DOTs opposed the revision requires the duration of the yellow impact the right-of-way and their ability because their agencies have other change and red clearance intervals to be to meet ADA requirements. The FHWA methods for calculating red intervals within the technical capabilities of the disagrees and adopts in this final rule and do not believe the ITE methods to signal controller, and that they be the language as proposed in the NPA be superior. The FHWA disagrees consistent from cycle to cycle in the because of the important safety benefits because the studies have shown same timing plan. The FHWA proposed provided by back-up power at such significant safety benefits when red this change to accommodate the locations. clearance times are provided per the ITE inherent limitations of some older In addition, the FHWA also adopts methods and therefore, adopts in this mechanical controllers, but provide for the proposed new OPTION allowing final rule the language as proposed in consistency of interval timing. Two light rail transit signal indications to the NPA. State DOTs suggested allowing red control preemption or priority control The FHWA also establishes a target clearance interval extensions when a movements for public transit buses in compliance date of December 31, 2014 vehicle violating the red signal is ‘‘queue jumper’’ lanes or bus rapid (approximately 5 years from the detected entering the intersection on transit in semi-exclusive or mixed-use effective date of this final rule) or when red. The FHWA agrees and adopts text alignments. The FHWA adopts this to timing adjustments are made to the in this final rule to allow a red clearance incorporate clarification into the interval extension when a red light MUTCD consistent with FHWA Official 171 ‘‘Signalized Intersections: Informational runner is detected. Interpretation #10–59(I) and #10–66(I), Guide’’, FHWA publication number FHWA–HRT– Two local DOTs suggested adding an and to provide additional flexibility to 04–091, August 2004, pages 209–211, can be viewed at the following Internet Web site: http:// exception to allow red clearance agencies seeking to reduce driver www.tfhrc.gov/safety/pubs/04091/. intervals longer than 6 seconds for confusion with traffic signal indications 172 NCHRP Research Results Digest 299, exceptionally large intersections such as intended to control only mass transit November 2005, can be viewed at the following at a single point urban interchange. The vehicles.174 A local DOT agreed. Internet Web site: http://onlinepubs.trb.org/ onlinepubs/nchrp/nchrp_rrd_299.pdf. This digest FHWA agrees and adopts in this final includes data from the study ‘‘Changes in Crash rule an exception for exceptionally large 173 Official Interpretation 4–246 can be viewed at Risk Following Retiming of the Traffic Signal intersections the following Internet Web site: http:// Change Intervals,’’ by R.A. Retting, J.F. Chapline, Finally, the FHWA proposed in the mutcd.fhwa.dot.gov/documents/pdf/4-246-I-NY- S.pdf. and A.F. Williams, as published in Accident NPA to add a new STANDARD Analysis and Prevention, Volume 34, number 2, 174 FHWA’s Official Interpretations 10–59(I), pages 215–220, available from Pergamon Press, statement at the end of the section that dated April 16, 2003, and 10–66(I), dated October Oxford, NY. prohibits the use at a signalized location Continued

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00091 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66820 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

394. In Section 4D.28 Flashing Discussion of Amendments Within otherwise directed by signs or signals to Operation of Traffic Control Signals— Chapter 4E—General proceed only to a median or pedestrian General, the FHWA adopts the proposed 398. The FHWA in this final rule is refuge area. The FHWA proposed this new OPTION allowing traffic control adopting a reorganization of the existing change to allow pedestrians to cross an signals to be operated in flashing mode and NPA proposed content of Section entire divided highway and not have to on a scheduled basis during one or more 4E.06 Accessible Pedestrian Signals and stop at the median if the signal has been periods of the day. The FHWA includes Section 4E.09 Accessible Pedestrian timed to provide sufficient clearance this change because more efficient Detectors. In doing so, the FHWA time for pedestrians to cross the entire operations might be achieved if the eliminates overlapping text and cross- highway. In cases where the signal signal is set to flashing mode when references and consolidates the timing only provides enough time for steady mode (stop and go) operation is provisions into a clearer and more pedestrians to cross to the median, signs not needed. This change is consistent logical flow of the information, without or signals are required to be provided to with a similar change in Section 4C.04 changing its meaning. This direct pedestrians accordingly. The discussed in item 360 above. reorganization is based on comments NCUTCD agreed with this change and 395. In Section 4D.30 Flashing from an organization for the blind also suggested an editorial revision, Operation—Signal Indications During noting that accessible pedestrian signals which the FHWA agrees with and Flashing Mode, the FHWA proposed in require the use of pushbutton-integrated adopts in this final rule. The FHWA also the NPA to include a paragraph in the devices and having the various features adopts revisions to Section 4E.06 (see STANDARD statement that prohibits of accessible pedestrian signals (APS) item 403 below) for consistency with green signal indications from being described piecemeal in two different this change. displayed when a traffic control signal sections can lead to confusion in In the NPA, the FHWA proposed a is operated in the flashing mode, except installation. The FHWA agrees with this second change in the meaning of the for single-section green arrow signal comment and believes that placing the flashing orange UPRAISED HAND, to indications as noted elsewhere in the material in one location with a more allow pedestrians to enter the section. The FHWA proposed including accurate grouping of features and intersection when a countdown this paragraph to clarify proper displays functions of pushbutton-integrated APS pedestrian signal indication is shown during flashing mode. A State DOT will improve understanding by users of with the flashing UPRAISED HAND if requested clarification for pedestrian the MUTCD. The text of this they are able to travel to the far side of signal indications during flashing consolidated content is reorganized into the traveled way or to a median by the operation. The FHWA notes that this five new sections, Section 4E.09 time the countdown display reaches information is provided in Chapter 4E Accessible Pedestrian Signals and zero. The FHWA proposed this change and adds a new reference in this final Detectors—General, Section 4E.10 because many pedestrians walk faster rule. Accessible Pedestrian Signals and than the walking speeds used to 396. In Section 4D.31 Flashing Detectors—Location, Section 4E.11 calculate the length of the pedestrian Operation—Transition Out of Flashing Accessible Pedestrian Signals and change interval; therefore, many Mode, a local DOT suggested adding a Detectors—Walk Indications, Section pedestrians are easily able to begin their new provision to allow the signal 4E.12 Accessible Pedestrian Signals and crossing after the flashing UPRAISED operation to change from flashing mode Detectors—Tactile Arrows and Locator HAND and countdown period has to steady (stop-and-go) mode by Tones, and Section 4E.13 Accessible started and complete their crossing servicing the minor street before the Pedestrian Signals and Detectors— during the displayed countdown period. major street to go back into the Extended Pushbutton Press Features. In the NPA, the FHWA stated the belief coordinated cycle. The FHWA disagrees The new sections also include adopted that pedestrians should be permitted to because this violates the existing revisions to the text of former Sections make their own determination of MUTCD and no justification was 4E.06 and 4E.09, as discussed below. whether or not they have sufficient time provided to add the provision. The 399. The FHWA in this final rule is to begin and complete their crossing FHWA adopts Section 4D.31 as relocating Section 4E.10 in the 2003 during the remaining pedestrian proposed in the NPA. MUTCD to a new Section 4E.06 because clearance time. The FHWA received the content of this section, pedestrian comments agreeing with this proposed 397. In Section 4D.34 (Section 4D.19 intervals and signal phases, more change from the NCUTCD, two local in the 2003) Use of Signs at Signalized appropriately follows the content of DOTs, a toll road authority, a local Locations, the FHWA proposed in the Sections 4E.04 and 4E.05 and should pedestrian advisory board, and a NPA to add to the GUIDANCE statement precede the information on countdown consultant. However, the FHWA a recommendation to use overhead lane pedestrian signals, pedestrian detectors, received comments in opposition to this control signs where lane drops, and accessible pedestrian signals and change from 4 State DOTs, 12 local multiple-lane turns, shared through and detectors. DOTs, an NCUTCD member, a regional turn lanes, or other lane-use regulations section of ITE, and a retired traffic that might be unexpected by unfamiliar Discussion of Amendments Within engineer. The opponents expressed road users are present. The FHWA in Chapter 4E—Specific concerns that there would be two this final rule does not adopt the 400. In Section 4E.02 Meaning of different meanings of the flashing proposed additional GUIDANCE text Pedestrian Signal Head Indications, the UPRAISED HAND depending on and instead adopts a reference to FHWA proposed in the NPA to revise whether or not a countdown display is Section 2B.19, where the appropriate item B of the STANDARD that defines present, and that this would be difficult text is located. the meaning of the flashing UPRAISED to teach to young schoolchildren. The HAND pedestrian signal indication to FHWA understands the concerns 6, 2006, can be viewed at the following Internet allow pedestrians that entered the expressed about two meanings for the Web sites: http://mutcd.fhwa.dot.gov/resources/ interpretations/10_59.htm and http:// intersection on a steady WALKING same indication and, as a result the mutcd.fhwa.dot.gov/resources/interpretations/ PERSON indication to proceed to the far FHWA does not adopt in this final rule 10_66.htm. side of the traveled way, unless the second proposed change in the

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00092 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66821

meaning of flashing UPRAISED HAND. February 3, 2006, which provides that concern about operational and risk However, the FHWA believes that the light sources comprising the management problems. The FHWA ultimately countdown pedestrian indications may be overlaid on each disagrees because similar language displays will be nearly ubiquitous and other, as long as the pedestrian signal regarding dimming of vehicular signal that the countdown information does head properly displays the individual indications has been in the MUTCD for provide pedestrians with the indications, visible as distinctly many decades and the FHWA is information they need to make separate indications that meet all other unaware of any significant issues with individual judgments on whether to requirements, such as color, shape, and dimming of vehicular signals. start crossing during the countdown, luminous intensity, etc. A State DOT 403. In Section 4E.06 Pedestrian based on their individual walking opposed overlaid symbols on pedestrian Intervals and Signal Phases (Section speeds. The FHWA encourages signal heads, citing false indications 4E.10 in the 2003 MUTCD), the FHWA additional research and experimentation from sun glare in some pedestrian signal proposed in the NPA to revise the first to evaluate the feasibility of removing units. The FHWA disagrees because STANDARD statement to require the the flashing UPRAISED HAND pedestrian signal heads with overlaid steady UPRAISED HAND indication to indication completely as the pedestrian symbols are in widespread use in many be displayed during the yellow change clearance display and instead just States and the FHWA is unaware of any interval and the red clearance interval if displaying the countdown. significant issues with false indications those intervals are used as part of the 401. In the NPA the FHWA proposed from sun glare when compared to side- pedestrian clearance time, to be minor editorial revisions to Section by-side symbols. Further, the use of consistent with the change that was 4E.03 Application of Pedestrian Signal overlaid symbols is optional and any proposed in Section 4E.07 to require Heads. A local DOT agreed with the highway agency can choose not to use countdown pedestrian signal displays. proposed revisions to Section 4E.03, but them. The FHWA adopts in this final The NPA also proposed revisions to the commented that there are conditions rule the revision to the first STANDARD first OPTION statement that would where pedestrian signal heads can be statement and also adopts a revised allow both the vehicular yellow change used that are not covered by any of the Figure 4E–1 Typical Pedestrian Signal interval time and the red clearance time conditions for which this section either Indications to reflect this change. to be used to satisfy the calculated requires or recommends the use of Further, based on comments about the duration of the pedestrian clearance pedestrian signal heads. The FHWA figure from the NCUTCD, four State time. The FHWA received comments agrees and adopts in this final rule an DOTs, and a consultant, the FHWA from a city, a consultant, and a citizen OPTION statement after the GUIDANCE, adopts additional illustrations to Figure opposing the allowable use of the red indicating that pedestrian signal heads 4E–1 to show a one-section unit with clearance time for this purpose because may be used under other conditions overlaid symbols and countdown it results in the lack of any safety based on engineering judgment. numerals and a two-section unit with ‘‘buffer’’ for pedestrians before The FHWA proposed in the NPA to overlaid symbols in the top section and conflicting traffic receives a green signal add a 2nd STANDARD statement at the countdown numerals in the bottom indication. Also, the NCUTCD end of the section to explicitly require section. a steady or flashing red signal indication The FHWA also proposed in the NPA submitted a comment noting that there to be shown to any conflicting vehicular to add a paragraph to the GUIDANCE are significant disconnects and movement perpendicular to a crosswalk statement recommending that some inconsistencies between the timing of with an associated pedestrian signal form of automatic dimming be used to pedestrian intervals and vehicular head displaying either a steady reduce the brilliance of the pedestrian intervals, especially with the WALKING PERSON or flashing signal indication if the indication is so introduction of pedestrian countdown UPRAISED HAND indication, to reflect bright as to cause excessive glare in displays, that must be addressed in sound engineering practice. The nighttime conditions. The FHWA order to resolve inconsistency and NCUTCD agreed with this addition but proposed this new recommendation to present a logical and consistent message suggested a minor editorial change. The avoid glare conditions, which can to pedestrians. The NCUTCD FHWA adopts in this final rule this reduce the visibility of the indications at recommended that there should always additional STANDARD statement with night, similar to the existing GUIDANCE be a minimum interval of at least 3 the minor editorial change suggested by for vehicular signal indications in seconds between the end of the flashing the NCUTCD, but relocates this Chapter 4D. The NCUTCD agreed with UPRAISED HAND display (which statement to Section 4E.06 Pedestrian this revision and suggested minor coincides with the end of the pedestrian Intervals and Signal Phases (Section editorial changes for clarity, which the countdown display) and the release of 4E.10 in the 2003 MUTCD), because the FHWA adopts in this final rule. An any vehicular traffic that might be in subject matter is more logically located organization for the blind also agreed in conflict with the terminating pedestrian there. concept with this revision, but interval, and recommended calling this 402. In Section 4E.04 Size, Design, suggested that it be a STANDARD rather the pedestrian buffer interval. The and Illumination of Pedestrian Signal than GUIDANCE, requiring pedestrian NCUTCD recommended that a Head Indications, the FHWA in the NPA signal indications to be responsive to minimum rather than a fixed buffer proposed to revise the first STANDARD ambient light, brighter in bright interval be specified because vehicle statement to allow the use of a one- conditions and dimmer in low light actuated sequences and certain section pedestrian signal head with the conditions. The FHWA disagrees combinations of vehicle and pedestrian WALKING PERSON and UPRAISED because supporting data for such a displays can result in buffer interval HAND symbols overlaid upon each mandatory requirement is not lengths that are determined by factors other or side by side. The FHWA documented in any studies. A State other than pedestrian considerations. proposed this change to reflect the DOT opposed the proposed GUIDANCE The NCUTCD further recommended that Official Interpretation #4–303,175 dated recommending dimming because of the sum of the pedestrian change interval and the buffer interval must 175 Official Interpretation #4–303 can be viewed mutcd.fhwa.dot.gov/resources/interpretations/pdf/ equal or exceed the calculated at the following Internet Web site: http:// 4_303.pdf. pedestrian clearance time. The FHWA

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00093 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66822 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

agrees that this required buffer interval displays associated with the pedestrian speed of 3 feet per second. The FHWA provides a margin of safety that allows clearance interval. Traffic signals and adopts this guidance to ensure that a pedestrian who underestimates the signal control equipment have a very slower pedestrians can be time he or she needs to cross a roadway, long service life (30 to 50 years is not accommodated at longer crosswalks if with or without a countdown display, to uncommon) and very long intervals they start crossing at the beginning of better avoid a conflict with vehicles. between signal retiming are typical at the walk phase. The FHWA received The FHWA adopts in this final rule a many traffic signal locations in many comments in support of these changes revised section that incorporates the jurisdictions. The FHWA believes that in walking speed from four cities, a NCUTCD’s recommendations. relying on the systematic upgrading local DOT, several associations As also recommended by NCUTCD, provisions of Section 655.603(d)(1) of representing visually disabled the FHWA also adopts an OPTION to title 23, Code of Federal Regulations, pedestrians and pedestrians in general, allow the countdown pedestrian display based on service life, to achieve a regional planning commission, a with flashing UPRAISED HAND to compliance with this critical timing consultant, and many citizens. Some of extend into the yellow change interval, need would take an inordinately long these comments also requested that the but terminate within the yellow change time, to the detriment of pedestrian GUIDANCE on walking speed be interval and be followed by a steady safety. State and local highway agencies strengthened to a STANDARD. The UPRAISED HAND and zero (followed and owners of private roads open to FHWA disagrees with making this a by blank) countdown display for the public travel can minimize any impact STANDARD because the walking speed remainder of the yellow change interval. of this signal timing requirement by used to calculate pedestrian clearance This minimizes disruption of vehicular adopting a policy for timing and display time for signals has always been in the traffic, and also makes the pedestrian of pedestrian change intervals in form of GUIDANCE, allowing highway change interval more closely relation to vehicular intervals as agencies some flexibility in unusual approximate the pedestrian clearance discussed in Section 4E.06 and then by circumstances and the FHWA believes time. While the functionality of some applying that policy whenever an that it is appropriate for such flexibility current controller equipment might existing individual signal location or to be continued. Therefore, in this final result in the UPRAISED HAND and system of interconnected locations is rule the FHWA adopts the walking countdown being displayed until the being checked or adjusted for any speeds as GUIDANCE. end of the yellow change interval, that reason, such as investigation of citizen The FHWA also received comments would not be required by the adopted complaints or routine maintenance. OPTION. The FHWA believes that The FHWA also adopts revisions to in opposition to some or all of the future controller software will the first GUIDANCE statement, as provisions for reduced walking speeds incorporate a timed pedestrian buffer proposed in the NPA, to reduce the from 6 State DOTs, 21 cities, 3 counties, interval between the end of the flashing recommended walking speed for a regional signal system manager, and UPRAISED HAND/countdown zero calculating pedestrian clearance times several citizens. The comments in interval and the release of conflicting to 3.5 feet per second, except where opposition centered on impacts on vehicular traffic, that the pedestrian extended pushbutton presses or passive signal timing that might reduce the buffer interval timing value will be a pedestrian detection has been installed vehicular capacity of intersections, part of the pedestrian interval series of for slower pedestrians to request where longer pedestrian intervals would controller data inputs, and that the additional crossing time as noted in the reduce the available green time for controller logic will be designed to OPTION. In this final rule, the FHWA vehicles or could necessitate using a implement the intention of the interval also adds an OPTION paragraph to longer cycle length, which in turn could without any other data input. The clarify that if crossing time is to be impact numerous intersections in a FHWA also adopts a new Figure 4E–2 added based on an extended pushbutton coordinated signal system and could Pedestrian Intervals in this final rule to press, it may be added to either the walk require considerable effort to implement illustrate the pedestrian buffer interval interval or the pedestrian change in large systems. The FHWA recognizes and its relationship to other pedestrian interval. The FHWA adopts these that the recommended use of slower and vehicular intervals, to enhance provisions to provide enhanced walking speeds in calculating clarity and understanding. The pedestrian safety, based on recent pedestrian intervals will, in some cases, subsequent figure numbering in Chapter research 176 regarding pedestrian slightly reduce vehicular capacity and, 4E is changed accordingly. walking speeds. In addition, based on for highway agencies with large The FHWA establishes a target the same research, the FHWA adopts an numbers of signalized intersections, will compliance date of December 31, 2014 additional GUIDANCE statement, as require considerable time and effort to (approximately 5 years from the proposed in the NPA, recommending retime signals. However, the FHWA effective date of this final rule) or when that the total of the walk phase and believes that the research has clearly timing adjustments are made to the pedestrian clearance time should be demonstrated the need to reduce individual intersection and/or corridor, long enough to allow a pedestrian to walking speeds to accommodate a larger whichever occurs first, for the display walk from the pedestrian detector to the percentage of the walking public and and timing of the pedestrian change opposite edge of the traveled way at a that the safety needs of pedestrians for interval as per the adopted text of adequate crossing time must outweigh Section 4E.06 at existing locations. The 176 Pedestrian walking speed research was potential vehicular capacity impacts. FHWA establishes this target included in ‘‘Improving Pedestrian Safety at Further, this adopted section provides compliance date because of the Unsignalized Pedestrian Crossings,’’ TCRP Report agencies with various optional ways to 112/NCHRP Report 562, Transportation Research demonstrated safety issues associated Board, 2006, which can be viewed at the following mitigate the impacts, such as by using with pedestrian crossings at traffic Internet Web site: http://onlinepubs.trb.org/ the extended button press feature to signals, the need for consistent display onlinepubs/nchrp/nchrp_rpt_562.pdf. Also see the only provide the longer time when it is of signal indications for pedestrians, article ‘‘The Continuing Evolution of Pedestrian called for by a pedestrian who needs it. Walking Speed Assumptions,’’ by LaPlante and and the pedestrian confusion that would Kaeser, ITE Journal, September 2004, pages 32–40, The FHWA also believes that agencies likely occur as a result of a long-term available from the Institute of Transportation can reduce the efforts needed to mixing of a variety of pedestrian signal Engineers Web site: http://www.ite.org. implement retiming of pedestrian

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00094 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66823

intervals by doing so in conjunction comments from the NCUTCD and others reductions in the number of pedestrian- with regularly scheduled periodic about the needs of blind pedestrians, vehicle crashes when countdown reviews of all signal timings and including concerns about the proposed signals are used, as compared to operations at their signalized recommendation that the leading locations that did not have the intersections, a practice that has long interval should be timed to allow countdowns. been recommended in many traffic pedestrians to cross at least one lane of The FHWA received comments from engineering handbooks and traffic before turning traffic is released, the NCUTCD, a State DOT, a local DOT, publications. and concerns about the proposed a regional council of governments, a city The FHWA also adopts the NPA recommendations on the methods that pedestrian advisory board, a consultant, proposed revision of the existing should be used to prohibit turns across and a private citizen agreeing with this GUIDANCE to a STANDARD, in order the crosswalk during the leading requirement, while five State DOTs, to require, rather than merely interval. Based on these comments, the three cities, two counties, and a citizen recommend, that median-mounted FHWA adopts the proposed GUIDANCE agreed in concept, but requested that it pedestrian signals, signing, and statement in this final rule but with be a recommendation, rather than a pushbuttons (if actuated) be provided clarifying revisions to recommend that: requirement. The FHWA received when the pedestrian clearance time is (1) When a leading pedestrian interval comments in opposition to anything sufficient only for crossing from the is used, the use of an APS should be more restrictive than an OPTION from curb or shoulder to a median of considered; and, (2) in the case of a six State DOTs, six cities, three sufficient width for a pedestrian to wait. large corner radius, the leading counties, a consultant, and a citizen. The FHWA adopts this standard to pedestrian interval should be timed to Most of the comments in opposition assure that pedestrians who must wait allow pedestrians to establish their centered on concerns about impacts on on a median or island are provided with position ahead of turning traffic before controller operation, drivers of vehicles the means to actuate a pedestrian phase it is released. The FHWA also removes using the pedestrian countdown to complete the second half of their the text about various specific methods information to decide to speed up when crossing. The FHWA received a of prohibiting turns and replaces it with approaching the intersection, and comment from an organization for the a more general recommendation that financial impacts. The FHWA disagrees blind agreeing with this change and also consideration should be given to because pedestrian countdowns have recommending that this STANDARD prohibiting turns across the crosswalk been operating successfully with a wide also require the provision of APS, during a leading pedestrian interval, to variety of control equipment without because persons with low or no vision give agencies more flexibility in how significant problems, studies have found need this information as well. The they implement such turn prohibitions. that drivers use the pedestrian FHWA does not agree with making APS In the NPA the FHWA proposed countdown information to make better a requirement under these conditions adding an OPTION statement to permit choices (i.e., to start slowing to a stop, but, for consistency with other sections the green time for the concurrent rather than speed up), and the safety in Chapter 4E that recommend APS for vehicular movement to be set longer benefits of pedestrian countdowns various conditions, the FHWA adds than the pedestrian change interval in justify the requirement that they be used GUIDANCE that APS should be order to allow vehicles to complete with new pedestrian signal installations. considered for this condition. turns after the pedestrian phase. This The FHWA does not adopt in this final The FHWA also adopts in this final treatment is used by many jurisdictions, rule the proposed sentence in this rule the proposed OPTION statement and is recommended by the Older section that would have required that allows a leading pedestrian interval Driver handbook 179 to reduce conflicts highway agencies to add pedestrian when a high volume of pedestrians and between pedestrians and turning motor countdown displays to all existing turning vehicles are present. As vehicles. Based on comments from the pedestrian signal heads within 10 years. indicated in the FHWA report NCUTCD, the FHWA in this final rule As a result, existing pedestrian signals ‘‘Signalized Intersections: Informational without the countdown displays can 177 revises the proposed OPTION statement Guide,’’ several studies have to a SUPPORT statement. generally remain in place until the end demonstrated that leading pedestrian 404. In Section 4E.07 Countdown of their useful service life under the intervals can significantly reduce Pedestrian Signals, in the NPA the systematic upgrading provisions of conflicts for pedestrians. In the NPA, FHWA proposed changing the option of Section 655.603(d)(1) of title 23, Code of the FHWA also proposed a GUIDANCE using pedestrian countdown displays to Federal Regulations, thus minimizing statement that gives a recommended a requirement for new installations of any impacts to highway agencies. minimum length of the leading pedestrian signals where the duration of The FHWA also received comments pedestrian interval, reflecting the pedestrian change interval is more from the NCUTCD, two State DOTs and recommendations from the Older Driver two local DOTs recommending an 178 than 3 seconds. The FHWA proposed handbook, and the traffic control this to provide enhanced pedestrian increase in the threshold of the devices that should be used to prevent safety because a multi-year research pedestrian change interval above which turning vehicles from crossing the path project involving crash data for the countdown displays would be of pedestrians during this leading required, from more than 3 seconds (as hundreds of locations in San interval. The FHWA received several proposed in the NPA) to more than 7 Francisco 180 showed significant overall seconds, because countdowns of 7 safety benefits and substantial 177 ‘‘Signalized Intersections: Informational seconds or less are so short that they Guide’’, FHWA publication number FHWA–HRT– could be missed. The FHWA agrees and 04–091, August 2004, pages 197–198, can be 179 This 2001 report can be viewed at the viewed at the following Internet Web site: http:// following Internet Web site: http://www.tfhrc.gov/ adopts in this final rule the proposed www.tfhrc.gov/safety/pubs/04091/. humanfac/01105/01-051.pdf. increase in the threshold duration. 178 ‘‘Guidelines and Recommendations to 180 ‘‘Pedestrian Countdown Signals: Experience Crosswalks needing a pedestrian Accommodate Older Drivers and Pedestrians,’’ With an Extensive Pilot Installation,’’ by clearance interval of 7 seconds or less FHWA Report no. FHWA–RD–01–051, May 2001, Markowitz, Sciortino, Fleck, and Yee, published in are likely to be across relatively narrow can be viewed at the following Internet Web site: ITE Journal, January 2006, pages 43–48, is available http://www.tfhrc.gov/humanfac/01105/cover.htm. from the Institute of Transportation Engineers at the streets where the countdown Recommendation I.P(6). following Internet Web site: http://www.ite.org. information is of less value to

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00095 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66824 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

pedestrians. The NCUTCD also MUTCD regarding communication of STANDARD to require that the recommended, and the FHWA agrees, to pedestrian signal information to positioning of the pushbuttons and adopt in this final rule an OPTION pedestrians with vision, vision and legends on the signs clearly indicate statement allowing pedestrian hearing, or cognitive disabilities to which crosswalk signal is activated by countdown displays to be used with reflect research 181 conducted under which pushbutton. The FHWA adopts pedestrian change intervals of 7 seconds NCHRP 3–62, Accessible Pedestrian this change to eliminate ambiguity or less, to provide flexibility to highway Signals, and a 5-year project on Blind regarding which pushbutton a agencies. Pedestrians’ Access to Complex pedestrian must activate to cross a A comment from the NCUTCD Intersections 182 sponsored by the particular street. The FHWA also adopts recommended the addition of a sentence National Eye Institute of the National the addition to the existing last in the first STANDARD statement that Institutes of Health, that has STANDARD statement that a when a when countdown pedestrian signals are demonstrated that certain techniques pilot light is used at an accessible used, the countdown shall always be most accurately communicate pedestrian signal location, each displayed simultaneously with the information. The changes also result in actuation shall be accompanied by the flashing UPRAISED HAND signal making accessible pedestrian detectors speech message ‘‘wait.’’ The FHWA indication displayed for that crosswalk. easy to locate and actuate by persons adopts this change to ensure that the The FHWA agrees that this sentence, with visual or mobility impairments. activation confirmation is available to which reiterates existing requirements Significant changes to existing material pedestrians with impaired vision. elsewhere in Chapter 4E, helps clarify are described below. The FHWA received comments from the operation of the countdown and the 406. In Section 4E.08 Pedestrian two manufacturers of pedestrian FHWA adopts this requirement in this Detectors, the FHWA proposed in the pushbuttons and two citizens in final rule. NPA to change the first GUIDANCE opposition to the existing provision The FHWA adopts in this final rule a statement regarding the location of a that, if a pilot light is used with a revision the second sentence of pedestrian pushbutton to a STANDARD pushbutton, once the button is actuated STANDARD paragraph 06 to prohibit and to add criteria that would be the pilot light shall remain illuminated the pedestrian countdown display required to be met for the location of until the walk signal or green indication during the red clearance interval, rather pushbuttons, in order to make is displayed. The comments generally than during the yellow change interval. pedestrian pushbuttons more accessible cited the inability of certain brands of This revision is necessary to be to disabled pedestrians and to pushbutton equipment to meet the consistent with revisions adopted in pedestrians in general. The FHWA standard without expensive redesign. Section 4E.06 Pedestrian Intervals and received comments in favor of the The FHWA did not propose a change in Signal Phases (Section 4E.10 in the 2003 proposal from many citizens, a the NPA to this existing provision. The MUTCD) regarding the display of consultant, a local DOT, and several reason for keeping the pilot light pedestrian countdown displays during associations representing visually illuminated after it is pushed is to certain vehicular signal intervals. It also disabled pedestrians and pedestrians in mirror what people experience with provides agencies more flexibility to general. However, the FHWA received elevator call buttons. If the pilot light extend the display of the flashing comments opposed to the proposal in goes off after the button is pushed, the UPRAISED HAND and the general or to certain items of the pedestrian might feel that the call has accompanying countdown into the pushbutton location criteria from a State been dropped and might be induced to yellow interval, which would not have DOT, 11 cities, and a county. The cross without waiting for the walk been allowed under the NPA language. objections generally cited the cost signal. The FHWA declines to revise In the NPA, the FHWA proposed impacts of moving pedestrian detectors this provision in this final rule. adding a new STANDARD after the first and the inflexibility of a STANDARD Finally, the FHWA adopts in this final paragraph of the GUIDANCE to require under conditions that can sometimes rule a STANDARD statement at the end that a pedestrian countdown signal be make it impractical to meet the of the section requiring a sign if an dark when the duration of the green requirements. The FHWA believes that extended pushbutton press will always interval for a concurrent vehicular some of the concerns are valid and provide additional crossing time, to movement has intentionally been set to adopts the pushbutton location criteria ensure that pedestrians receive continue beyond the end of the as GUIDANCE in this final rule. This instructions of the use of this feature pedestrian change interval. The FHWA will still provide for improved and are made aware of the feature’s received comments from the NCUTCD accessibility of pushbuttons for all existence. In the NPA, the legend of this noting that pedestrian countdown pedestrians while providing some sign was proposed to be ‘‘FOR MORE displays are required by other latitude for engineering judgment to CROSSING TIME HOLD BUTTON provisions in Chapter 4E to display the address unusual conditions. DOWN FOR 2 SECONDS.’’ The FHWA countdown only in conjunction with the The FHWA also adopts in this final received a comment from the NCUTCD flashing UPRAISED HAND indication rule the NPA proposed STANDARD, agreeing with the requirement for a sign and they are to be dark at all other GUIDANCE, and OPTION statements but recommending that the legend be times. The FHWA agrees and in this that contain additional information for changed to ‘‘PUSH BUTTON FOR 2 final rule does not adopt that proposed locations where physical constraints SECONDS FOR EXTRA CROSSING new STANDARD and the removes the make meeting some of the criteria TIME’’ because the button is not held existing last sentence of the first impractical. The FHWA also adopts the down, as in with force applied toward GUIDANCE paragraph. change of a GUIDANCE statement to a the ground, it is pressed. The FHWA 405. Both the Rehabilitation Act of agrees and adopts the provision with the 1973 (Section 504) and the Americans 181 Research reports on this topic can be viewed revised sign legend. with Disabilities Act of 1990 require at the U.S. Access Board’s Internet Web site at: 407. In new Section 4E.10 Accessible that facilities, programs and services be http://www.access-board.gov/research/aps.htm. Pedestrian Signals and Detectors— 182 Information on this research can be viewed at accessible to persons with disabilities. the following Internet Web site: http:// Location, the FHWA adopts in this final The FHWA in this final rule revises www.eric.ed.gov/ERICDocs/data/ericdocs2sql/ rule the addition of a STANDARD, various sections in Chapter 4E of the content_storage_01/0000019b/80/2a/26/bb.pdf. proposed in the NPA for Section 4E.09,

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00096 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66825

that requires locator tones, tactile adopting Public Right of Way statements regarding the duration, tone, arrows, speech walk messages, and a Accessibility Guidelines (PROWAG) and speech messages of audible walk speech pushbutton informational that could possibly mandate APS at all indications, as proposed in the NPA in message when two accessible pedestrian new or renovated pedestrian signal Sections 4E.06 and 4E.09, in order to pushbuttons are placed less than 10 feet locations. Once the United States clarify their use and application. apart or on the same pole. The proposal Department of Justice has adopted any Further, the FHWA adopts the was supported by the NCUTCD but future Access Board public right of way modifications (proposed in Section opposed by a State DOT because of guidelines as a standard, the FHWA will 4E.06) to the existing STANDARD to concerns about information overload. reconsider the matter for future require that speech walk messages only As noted above, the provision is revisions of the MUTCD. be used where it is technically supported by research and the FHWA The FHWA received comments from infeasible to install two accessible adopts it as proposed. Additionally, the the NCUTCD and an organization for the pedestrian signals at one corner with the FHWA adopts the change from an blind recommending changes to some of minimum required separation. The existing GUIDANCE to a STANDARD, the proposed requirements regarding STANDARD also contains requirements as proposed in the NPA for Section how audible and vibrotactile walk for what information is allowed in 4E.10, that if the clearance time is indications are to be provided and speech messages. The FHWA also sufficient to only cross to the median of operated, and to make the text clearer adopts the addition of a GUIDANCE a divided highway, an accessible and consistent with other provisions. statement (proposed in Section 4E.06) pedestrian detector shall, rather than The FHWA agrees with these comments, that recommends that the speech should, be provided on the median. which also address comments from messages not state or imply a command. This change was supported by a others about inconsistencies in the text, The FHWA is adopting these changes to consulting firm and the FHWA received and adopts in this final rule revisions to clarify when and under what no comments in opposition. the second STANDARD statement of circumstances speech walk messages are 408. In new Section 4E.11 Accessible former Section 4E.06. to be used. Pedestrian Signals and Detectors—Walk The FHWA also adopts the proposed 409. In new Section 4E.12 Accessible Indications, the FHWA adopts several addition to the STANDARD that an Pedestrian Signals and Detectors— changes based on NPA proposed accessible walk signal shall have the Tactile Arrows and Locator Tones the revisions in Section 4E.06. The FHWA same duration as the pedestrian walk FHWA adopts in this final rule several proposed to require both audible and signal unless the pedestrian signal rests changes based on the NPA proposed vibrotactile walk indications, to add in the walk interval and adopts revisions to Section 4E.09. The FHWA requirements on how audible and subsequent GUIDANCE regarding the adopts the proposed change to the first vibrotactile walk indications are to be recommended duration and operation of paragraph of the existing first provided, and to add language the accessible walk signal if the GUIDANCE statement regarding tactile prohibiting audible indications during pedestrian signal rests in the walk arrows to a STANDARD, relocates it the pedestrian change interval because interval. The FHWA adopts this change within the section, and modifies the research 183 has found that visually to clarify that the duration of the remainder of the GUIDANCE statement disabled pedestrians need to accessible walk signal is dependent on to reduce redundancy. concentrate on the sounds of traffic whether the signal controller is set to The FHWA proposed modifying the movement while they are crossing and rest in walk or steady don’t walk in the second STANDARD in former Section audible indications of the flashing absence of conflicting demands. 4E.09, to require pushbutton locator UPRAISED HAND interval would be The FHWA also proposed in the NPA tones at accessible pedestrian signals, distracting from that task. The FHWA to change to a STANDARD the 4th and also proposed changing the received comments in opposition to the GUIDANCE statements in former following GUIDANCE statement to a some or all of these changes from the Section 4E.06 and former Section 4E.09 STANDARD regarding locator tones. two State DOTs, six cities, two regarding the loudness of audible Based on comments from APS manufacturers, and a few citizens, pedestrian walk signals and to base the manufacturers and others, as discussed generally citing insufficient research. loudness of an audible pedestrian walk above, the FHWA adopts the proposed The FHWA disagrees with the signal on the ambient sound level and changes. The FHWA also received a comments in opposition because the provide for louder volume adjustment comment from a city that the changes are based on sound research, as in response to an extended pushbutton STANDARD sentence requiring locator discussed above. The FHWA received press. The FHWA proposed adopting tones to be deactivated when the signal comments in favor of these changes these changes to allow the audible is operating in a flashing mode is too from a city, a State DOT, a local DOT, pedestrian walk signals to be heard over restrictive in regard to traffic control a consultant, several organizations the ambient sound level, and to allow signals or pedestrian hybrid beacons representing visually disabled pedestrians with hearing impairments to that are activated from a flashing or dark pedestrians and pedestrians in general, receive a louder audible walk signal. mode to a stop-and-go mode by and many citizens. Most of these The FHWA received comments from pedestrian actuations. The FHWA comments also requested that APS be two manufacturers of APS equipment agrees and adopts in this final rule a required for all locations where and from a local DOT opposing making sentence exempting these situations pedestrian signals are provided. The the maximum loudness a STANDARD from the STANDARD requirement. 410. In new Section 4E.13 Accessible FHWA did not propose such a and citing technical problems with Pedestrian Signals and Detectors— requirement in the NPA and declines to measurement of sound levels that make Extended Pushbutton Press Features the adopt it in this final rule. The U.S. it impractical to comply precisely. The FHWA adopts in this final rule the NPA Access Board is considering initiating FHWA agrees and in this final rule proposed changes to Section 4E.09. The proposed rulemaking to consider revises the sentences about maximum loudness value for walk indications and FHWA adopts the addition of a 183 Research reports on this topic can be viewed pushbutton locator tones to GUIDANCE. paragraph to the existing 3rd OPTION at the U.S. Access Board’s Internet Web site at: The FHWA also adopts added statement allowing the use of an http://www.access-board.gov/research/aps.htm. GUIDANCE, OPTION, and SUPPORT extended pushbutton press to activate

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00097 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66826 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

additional accessible features at a minor editorial changes to address other based on these and other comments, the pedestrian crosswalk and the addition comments on this figure. FHWA adopts pedestrian hybrid beacon of a new STANDARD statement to 412. The FHWA adopts in this final as the revised name for the device. follow this new paragraph that sets rule the proposed new ‘‘Figure 4E–4 Many beacons are dark between requirements for the amount of time a Typical Pushbutton Locations’’ (Figure activations and drivers are not required pushbutton shall be pressed to activate 4E–3 in the NPA) that shows eight by laws to stop at dark beacons. Further, the extra features. examples of pushbutton locations for the unique arrangement of the hybrid The FHWA does not adopt in this various sidewalk, ramp, and corner beacon’s indications make it appear final rule the last SUPPORT, configurations, to help clarify very different from a normal traffic STANDARD, and GUIDANCE appropriate locations under different control signal, and the experiences of statements from Section 4E.06 as geometric conditions. Based on Tucson, AZ and the many other proposed in the NPA, and replaces these comments received, the FHWA makes highway agencies that have successfully with SUPPORT, GUIDANCE, OPTION, editorial revisions to this figure to experimented with pedestrian hybrid and STANDARD text regarding the use improve clarity and accuracy. beacons have not resulted in any of audible beaconing and other Discussion of Amendments Within adverse safety issues being brought to additional features that may be provided Chapters 4F Through 4L the FHWA’s attention. as a result of an extended pushbutton 414. In Section 4F.01 Application of 413. The FHWA adopts in this final press. The FHWA adopts this Pedestrian Hybrid Beacons, based on a rule the NPA proposed addition of a information, because while audible comment from a city, in this final rule new Chapter to Part 4, numbered and beaconing features can be valuable, the FHWA does not adopt the first titled Chapter 4F Pedestrian Hybrid activating audible beaconing features at paragraph of the GUIDANCE statement Beacons, with three sections that multiple crosswalks at the same that was proposed in the NPA and describe the application, design, and intersection can be confusing to visually instead adds to the OPTION statement operation of pedestrian hybrid beacons, disabled pedestrians, and therefore that a pedestrian hybrid beacon may, and with three new figures. Figures rather than should, be considered for a audible beaconing should be activated 4F–1 and 4F–2 contain guidelines for only when needed. The FHWA received location that meets the pedestrian the justification of installation of crossing or school crossing warrant for comments from two local DOTs in pedestrian hybrid beacons on low-speed opposition to the use of an extended a traffic control signal but a decision is and high-speed roadways, respectively. made to not install a traffic control pushbutton press to call for added Figure 4F–3 shows the sequence of crossing time because of concerns about signal. intervals for a pedestrian hybrid beacon. 415. In Section 4F.02 Design of misuse by pedestrians and impacts on The remaining Chapters in Part 4 are re- Pedestrian Hybrid Beacons, in this final signal controllers and pedestrian lettered accordingly. The FHWA adopts rule the FHWA adopts in the countdown operation. The FHWA these sections to give agencies GUIDANCE statement a requirement declines to remove the ability of additional flexibility by providing an that pedestrian hybrid beacons should highway agencies to use this option, but alternative method for control of be installed at least 100 feet from side does recognize that adding time to the pedestrian crosswalks that has been streets or driveways that are controlled pedestrian change interval via an found by research184 to be highly by STOP or YIELD signs, and does not extended pushbutton press could result effective. This type of device offers adopt the final STANDARD paragraph in some issues with countdown displays significant benefits for providing of the section that was proposed in the until signal controller manufacturers enhanced safety of pedestrian crossings NPA. The FHWA received several incorporate countdown timing into their where normal traffic control signals comments noting that Chapters 4C and equipment and software. would not be warranted. 4D contain GUIDANCE that traffic The FHWA adopts the NPA proposed The FHWA received comments in signals justified by a pedestrian crossing addition of a STANDARD statement at favor of adding the pedestrian hybrid or school crossing should be installed at the end of the section requiring that beacon from a State DOT, eight cities, least 100 feet from intersections with speech pushbutton information the NCUTCD, an organization for the minor side streets or driveways messages only play when the walk blind, several organizations representing controlled by STOP or YIELD signs and interval is not timing. Requirements pedestrians, and many citizens. The expressing concerns that pedestrian regarding the content of these messages FHWA also received comments in hybrid beacons should be subject to the are also contained in this new opposition to the addition of pedestrian same guidance. Because a traffic control STANDARD. The FHWA adopts this hybrid beacons from five State DOTs, signal and a pedestrian hybrid beacon change to promote uniformity in the four cities, a county, a toll road both stop traffic on the major street to content of speech messages. The FHWA authority, and some others. However, enable pedestrians to cross, if installed received no significant comments on most of the objections related to the at an intersection, both of these types of these proposals. name for the device that was proposed devices generate the same issues 411. The FHWA received comments in the NPA (pedestrian hybrid signal) involving the STOP or YIELD controlled regarding the NPA proposed revision of and the concern that, because the device side street traffic that caused the FHWA Figure 4E–3 (Figure 4E–2 in the 2003 is dark between actuations, drivers to prohibit ‘‘half-signals’’ several MUTCD) to show a general layout of would treat it as a 4-way stop in States decades ago and that resulted in the recommended pushbutton locations where laws require such driver behavior recommendations adopted in Chapter from the NCUTCD and a consultant, at dark traffic signals. As discussed 4C and 4D. Side street drivers controlled suggesting that the title of the figure be earlier in Section 1A.13 Definitions, by only a STOP or YIELD sign often revised to ‘‘Pushbutton Location Area’’ encounter delays because of high major and that other editorial changes to the 184 ‘‘Improving Pedestrian Safety at Unsignalized street traffic volumes and they typically figure be made for consistency with the Pedestrian Crossings,’’ TCRP Report 112/NCHRP use the pedestrian-activated stoppage of Report 562, Transportation Research Board, 2006, MUTCD text. The FHWA agrees and can be viewed at the following Internet Web site: major street traffic as their opportunity adopts in this final rule the figure with http://onlinepubs.trb.org/onlinepubs/nchrp/ to turn onto or cross the major street. the suggested revisions, and with other nchrp_rpt_562.pdf. When doing so, these drivers often do

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00098 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66827

not give adequate attention to reds, the display goes from double comments opposed to the Pedestrian pedestrians in their path. Because the steady red to dark for a split second, Hybrid Beacon (Chapter 4F). As purpose of a pedestrian hybrid beacon before the flashing starts. With a wig- discussed above regarding Chapter 4F is to enhance the safety of pedestrian wag display, one of the red signals is and Sections 4F.01 through 4F.03, the crossings, and because of similar always lit. Since motorists would see a change in name of the device to use the provisions in Chapters 4C and 4D, the dark signal for a moment, it might lead phrase ‘‘hybrid beacon’’ rather than FHWA believes it is also inappropriate them to think that the signal has ‘‘hybrid signal’’ addresses concerns for pedestrian hybrid beacons to be used returned to its ‘‘rest’’ phase of being about State laws requiring drivers to at or within 100 feet of intersections dark and this could result in less safety. treat a dark signal as a 4-way stop. Also, with STOP or YIELD sign controlled Additionally, the FHWA believes that, similar to Section 4F.03, in the Section side streets, and the FHWA adopts the because of context and a completely 4G.04 adopted in this final rule the new GUIDANCE. different sequence of signal displays, FHWA adds to the GUIDANCE a 416. In Section 4F.03 Operation of there is an extremely low possibility of statement that an emergency-vehicle Pedestrian Hybrid Beacons, the FHWA the alternate flashing reds of the hybrid beacon should not be installed at received several comments about pedestrian hybrid beacon being locations that are less than 100 feet from flashing red indications proposed to be mistaken as flashing-light signals of a a side street or driveway that is displayed by the hybrid beacon during highway-rail grade crossing or that it controlled by STOP or YIELD signs. the flashing UPRAISED HAND will diminish the impact or respect for Some of the comments on Section 4G.04 pedestrian change interval. Some those flashing-light signals. At a grade concerned the issue of alternating comments expressed concern about crossing, the flashing-light signals come versus simultaneous flashing red drivers being allowed to proceed while on immediately from a dark condition indications. For a discussion of this a pedestrian could still be in the street. when a train is detected as approaching issue, see above under Section 4F.03. Experimentations with the hybrid the crossing. At a pedestrian hybrid The FHWA also received a comment beacon in Tucson and many other beacon, the indications go from dark to from a State DOT suggesting that an jurisdictions have not revealed any flashing yellow for several seconds, OPTION be added to Section 4G.04 significant safety issues with the followed by steady yellow for several allowing the use of a steady red flashing red operation. Further, allowing seconds, and then to steady red for a clearance interval after the steady drivers to proceed, after a full stop, if typical duration of seven seconds, yellow interval and before the the pedestrian traffic has already cleared before the alternating flashing red alternating flashing red interval. The their half of the roadway is the major display begins. In view of these factors, FHWA agrees and adopts the additional advantage of this device over a the FHWA agrees that alternating OPTION in this final rule. midblock pedestrian traffic control flashing red is appropriate for 419. In Section 4I.02 Design of signal. The FHWA in this final rule pedestrian hybrid beacons and adopts Freeway Entrance Ramp Control Signals declines to remove the proposed text on that provision in this final rule rather (Section 4H.02 in the 2003 MUTCD), the the flashing red operation for hybrid than changing it to simultaneous FHWA proposed in the NPA to require beacons. flashing. The FHWA also received comments 417. The FHWA adopts in this final the use of at least two signal faces per from the NCUTCD, five State DOTs, two rule a change in the title of Chapter 4G separately-controlled lane on a multiple cities, a county, and an NCUTCD proposed in the NPA to ‘‘Traffic Control lane ramp where green signal member requesting that the alternating Signals and Hybrid Beacons for indications are not always displayed (‘‘wig-wag’’) pattern of the two flashing Emergency Vehicle Access’’ in order to simultaneously to all of the lanes. The red indications that was proposed to be reflect the addition of hybrid beacons to FHWA received comments from the specified for the pedestrian hybrid this chapter. Additionally, in Section NCUTCD, a State DOT, and a local DOT beacon be changed to a simultaneous 4G.01 Application of Emergency- in opposition to this proposed flashing of the two reds, because of Vehicle Traffic Control Signals and requirement. The objections centered on concerns that the alternating flashing Hybrid Beacons, the FHWA adopts the physical challenges involving signal reds might be mistaken by drivers as the proposed addition of a paragraph to the face mountings, especially when there flashing-light signals used at highway- OPTION statement to allow an are three or more separately-controlled rail grade crossings, or that such use emergency-vehicle hybrid beacon to be lanes. A State DOT commented that, could diminish the impact of the installed in place of an emergency- unlike a traffic signal at an intersection, flashing-light signals at grade crossings. vehicle traffic control signal under the there is little if any conflict or danger if However, the FHWA also received conditions described in Section 4G.04. a motorist inadvertently violates a red comments from a consultant and a State The FHWA received no substantive signal because of a burned-out lamp and DOT in support of the alternating comments other than those discussed the risk of burned-out lamp is low flashing reds for hybrid beacons, noting below under Section 4G.04. because of the common use of LED that there has been no research or 418. The FHWA adopts in this final indications and the fact that ramp experimentation with pedestrian hybrid rule the proposed new Section 4G.04 control signals typically operate only 3 beacons using simultaneous flashing Emergency-Vehicle Hybrid Beacons hours a day. The commenter further reds, and therefore it is unknown containing provisions for this type of stated that on metered ramps of two whether the device would be as beacon for optional use in conjunction lanes or more they use overhead signal effective as it has been shown to be in with signs to warn and control traffic at faces mounted directly in line with the the experimentations with the an unsignalized location where lane that they control and thus the alternating flashing reds. The comments emergency vehicles enter or cross the signals are highly visible to motorists. also noted that there has been no street or highway and adopts new The NCUTCD commented that a single research indicating that drivers Figure 4G–1 illustrating the Emergency- signal face per separately-controlled associate the alternating flashing red Vehicle Hybrid Beacon. lane provides sufficient indications and pattern as being unique to grade The FHWA received some comments permits installation location flexibility crossings. The consultant also pointed opposed to certain aspects of this in these cases. The FHWA agrees with out that with simultaneous flashing device, for similar reasons as the these comments and adopts in this final

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00099 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66828 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

rule Section 4I.02 with a revised control signals should be reserved for devices, and arrow boards) that are used STANDARD statement to require one other more critical uses, the use of to close a high-speed lane. signal face located over the approximate devices resembling traffic signals is 424. The FHWA also adopts in center of each separately-controlled lane inappropriate at toll plazas. The FHWA Chapter 4K an additional section titled when there are two or more separately- adopts Section 4K.01 in this final rule Section 4K.03 Warning Beacons at Toll controlled lanes on the ramp. The with a STANDARD statement Plazas, containing text on warning FHWA also adopts a GUIDANCE prohibiting the use of traffic control beacons at toll plazas that was proposed statement that additional side-mounted signals and devices that resemble traffic in the NPA as Section 4L.03, but signal faces should be considered for control devices with red or green incorporating revisions based on ramps with two or more separately- circular indications at toll plazas to comments on the material proposed. controlled lanes. indicate the open or closed status of a The FHWA received comments from 420. The FHWA adopts in this final toll lane, and a GUIDANCE statement two toll road operators requesting that rule a new Section 4I.03 (Section 4H.03 recommending that traffic control warning beacons mounted on toll plaza proposed in the NPA) Operation of signals and devices that resemble traffic islands or impact attenuators associated Freeway Entrance Ramp Control Signals control devices with red or green with such islands be allowed to operate containing GUIDANCE recommending circular indications should not be used in a steady rather than flashing yellow the operational strategies for ramp for new or reconstructed installations at mode, to act as an enhanced conspicuity control signals. Based on comments on toll plazas to indicate the success or marker. The FHWA disagrees and this section as well as on comparable failure of electronic toll payments or to declines to make the requested change text in Section 2C.37 the FHWA revises alternately direct drivers making cash in this final rule because all warning the GUIDANCE adopted in this final toll payments to stop and then proceed. beacons are circular and operate only in rule regarding the use of RAMP 423. The FHWA also adopts in a flashing mode, and because a steady METERED WHEN FLASHING (W3–7) Chapter 4K an additional section titled circular yellow indication has a defined signs to be consistent with Section Section 4K.02 Lane-Use Control Signals meaning for traffic signals that is not 2C.37. at Toll Plazas, containing text on lane- appropriate in the context of a toll booth 421. The FHWA adopts in this final use control signals at toll plazas that island or attenuator. rule revisions to Section 4J.02 Design was proposed in the NPA as a part of 425. In Section 4L.02 Intersection and Location of Movable Bridge Signals Sections 4M.01 and 4M.03, but Control Beacon, the FHWA adopts the and Gates (Section 4I.02 in the 2003 incorporating revisions based on proposed addition to the STANDARD MUTCD) and 4J.03 Operation of comments on the material proposed in statement that two horizontally aligned Movable Bridge Signals and Gates the NPA. In regard to the requirement to red signal indications in an Intersection (Section 4I.03 in the 2003 MUTCD), as use lane-use control signals to indicate Control Beacon shall be flashed proposed in the NPA. The FHWA the open or closed status of toll plaza simultaneously, and two vertically received no significant comments on lanes, the FHWA received comments aligned red signal indications shall be these sections. from two toll authorities in opposition flashed alternately, to be consistent with 422. The FHWA adopts in this final to the requirement because of their the existing requirement for stop rule a new chapter to Part 4 titled longstanding use of circular traffic beacons in Section 4L.05. Chapter 4K Highway Traffic Signals at control signal indications for this 426. The FHWA adopts in this final Toll Plazas, containing three sections. In purpose. The FHWA also received rule revisions to Section 4L.03 Warning the NPA, only Section 4K.01 was comments from the NCUTCD and three Beacon as proposed in the NPA, except proposed to be included in Chapter 4K, toll authorities agreeing with the that the FHWA relocates toll plaza dealing with traffic signals used at toll requirement. The FHWA adopts the related text to Section 4K.03 (as plazas to indicate a requirement to stop requirement because lane-use control discussed above) and further revises and pay a toll or to go after paying the signals have long been required by the item D in the SUPPORT statement of toll, or to indicate a low account balance MUTCD for all cases of indicating open- Section 4L.03 to include WRONG WAY in electronic toll collection lanes. The closed status of any lane and this as an additional regulatory sign for FHWA received comments from the standard display is appropriately which a warning beacon is not an NCUTCD, a State DOT, and many toll extended to lanes at toll plazas. appropriate supplement, for consistency road operators opposing the details The FHWA also received comments with Section 4L.05. regarding traffic signals at toll plazas. from two toll authorities stating that the 427. The FHWA adopts Section 4L.05 The NCUTCD recommended that the use of lane-control signals to indicate Stop Beacon as proposed in the NPA, NPA text for Section 4K.01 Traffic the open or closed status of an Open with minor editorial changes for clarity. Signals at Toll Plazas be deleted and be Road Tolling lane is not appropriate 428. The FHWA adopts revisions to replaced with a STANDARD statement unless it is in conjunction with other Section 4M.01 Application of Lane-Use prohibiting the use of traffic control devices (such as signs, cones, other Control Signals and Section 4M.03 signals and devices that resemble traffic channelizing devices, and arrow boards) Design of Lane-Use Control Signals as control devices with red or green that are used to close a high-speed lane. proposed in the NPA, except that the circular indications at toll plazas. The The FHWA agrees and also notes that FHWA relocates toll plaza related text to NCUTCD stated that, although many toll some freeways have or will have Section 4K.02 (as discussed above) and facility operators currently use these systems of successive lane-control makes minor editorial changes for types of indications at toll plazas, there signals along the freeway corridor and clarity. are a variety of other devices, such as that ORT lanes might be established 429. In Section 4N.01 Application of changeable message signs or other along such corridors. The FHWA in this In-Roadway Lights, the FHWA adopts in displays that do not resemble traffic final rule modifies the proposed this final rule the additions to the signals that are also being successfully OPTION statement to allow the use of STANDARD statement proposed in the used by toll agencies for these purposes. lane-control signals to indicate the open NPA that In-Roadway Lights shall only The FHWA agrees that since other or closed status of an Open Road Tolling be used for applications described in methods of communicating the desired lane in conjunction with other devices this chapter and that In-Roadway Lights messages are available and traffic (such as signs, cones, other channelizing shall be flashed and not steadily

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00100 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66829

illuminated. The FHWA includes these Conventional Roads. The Conventional type of traffic control at a highway-rail changes to preclude the use of In- Road sign sizes are based on Tables 2B– grade crossing shall be used on all low- Roadway Lights for any purpose not 1, 2C–2, 6F–1, and 8B–1. The minimum volume roads in advance of every included in this chapter because such and oversized sizes are based on the crossing. Two State DOTs and a local uses have not yet been sufficiently SHSM book. The FHWA agrees with the DOT opposed the revision because the tested to confirm their effectiveness and NCUTCD recommendations and adopts supplemental plaques are not necessary because steadily illuminated lights in this final rule revisions to Table 5A– on low volume roads with familiar could be confused with internally 1. motorists. The FHWA agrees and does illuminated raised pavement markings. 433. In Section 5B.04 Traffic not adopt in this final rule the proposed The FHWA received comments from a Movement and Prohibition Signs, the requirement for the use of supplemental device manufacturer and a transit FHWA proposed in the NPA to change plaques, which is consistent with agency requesting that in-roadway lights an existing OPTION, which discusses similar revisions being adopted in Part be allowed for use at highway-rail grade the usefulness of these signs, to 8. crossings and highway-light rail transit SUPPORT. A State DOT opposed the 438. In Section 5F.04 STOP and grade crossings. The FHWA disagrees change and the FHWA agrees that this YIELD Signs, the FHWA proposed in and declines to adopt such an optional text is more appropriately stated as an the NPA several changes regarding the use, because there has been insufficient OPTION. Accordingly, the FHWA does use and application of STOP signs or reported research showing the not adopt the proposed change in this YIELD signs at highway-rail grade effectiveness of such uses at grade final rule and retains paragraph 04 as an crossings. A State DOT and a consultant crossings. OPTION, as in the 2003 MUTCD. opposed the proposal to require the 430. The FHWA adopts revisions to 434. As proposed in the NPA, the placement of STOP or YIELD signs at all Section 4N.02 In-Roadway Warning FHWA adopts in this final rule new highway-rail grade crossings that are not Lights at Crosswalks as proposed in the Section 5C.14 Object Markers and equipped with automatic traffic control NPA, except that the FHWA also adopts Barricades to replace 2003 MUTCD devices. The FHWA disagrees and an additional OPTION statement at the Section 5E.05 Object Markers. The adopts the STANDARD in paragraph 01 beginning of the section to indicate that FHWA moves the information in order to be consistent with requirements in-roadway lights may be installed at to locate the subject material with other adopted in Part 8. The NCUTCD and a certain marked crosswalks, based on an sections in Part 5 that deal with signs. State DOT opposed the proposed engineering study or engineering This change coincides with the adopted removal of the STANDARD requiring judgment, to provide additional warning relocation of object markers and the use of STOP AHEAD and YIELD to road users. The FHWA received a barricades from Part 3 to Part 2 of the AHEAD signs in certain situations. The comment from a city recommending this MUTCD. FHWA agrees and in this final rule text because there is no existing 435. Although not proposed in the restores paragraph 02 to be consistent statement indicating that the use of in- NPA, in Section 5E.02 Center Line with the requirements in Chapter 2C. roadway lights is optional. The FHWA Markings, the FHWA adopts in this final 439. In Section 5G.02 Applications, as agrees and also adopts the OPTION text. rule a new OPTION in paragraph 03 that proposed in the NPA, the FHWA revises permits center line markings to be paragraph 02 from an OPTION to Discussion of Amendments to Part 5— placed on highways with or without SUPPORT, which states that Traffic Control Devices for Low-Volume edge line markings, based on a comment maintenance activities might not require Roads from a State DOT for consistency with extensive TTC if the traffic volumes and 431. In Section 5A.01 Function, the Part 3. In addition, the FHWA adopts a speeds are low. Based on FHWA proposed in the NPA to prohibit modified GUIDANCE in paragraph 02 to recommendations from the NCUTCD classifying a residential street in a clarify the application of center line and a State DOT, the FHWA also adds neighborhood as a low-volume road for markings for low-volume roads. a SUPPORT statement referring to Table the purposes of Part 5 of the MUTCD. 436. In Section 5F.02, the FHWA 6H–3, which provides the Two local DOTs agreed with the changes the title to ‘‘Grade Crossing recommended distances between signs proposal. A State DOT and local DOT (Crossbuck) Sign and Number of Tracks shown in the Typical Applications opposed the revision because many Plaque,’’ in the final rule. As proposed drawings in Part 6. The FHWA also residential streets have lower ADT and in the NPA, the FHWA revises the adds an OPTION statement to operating speeds than some rural roads. STANDARD in paragraph 04 to clarify specifically allow a reduced advance The FHWA disagrees with the comment, that the strip of retroreflective material placement distance for traffic control because the change to paragraph 01 item on each sign support at passive devices on low-volume roadways that B provides consistency with paragraph highway-rail grade crossings is have speeds of less than or equal to 30 01 item A, which states that low-volume measured from the Crossbuck sign or miles per hour. The FHWA adopts these roads shall be facilities lying outside the the Number of Tracks plaque to within revisions for consistency with built-up areas of cities, towns, and 2 feet of the ground. The NCUTCD provisions in Part 6. communities. The FHWA adopts in this recommended additional text consisting 440. The FHWA adopts a new final rule the language as proposed in of a SUPPORT statement and a minor chapter, numbered and titled Chapter the NPA. revision to the existing STANDARD 5H Traffic Control for School Areas, in 432. The FHWA received several statement to make Part 5 consistent with the final rule. The NCUTCD and a State comments regarding Table 5A–1 Sign revisions being made to Part 8. The DOT recommended adding a new and Plaque Sizes on Low-Volume Roads FHWA agrees and adopts revisions to chapter to cover traffic control for low as proposed in the NPA. The NCUTCD Section 5F.02 in this final rule to volume roads adjacent to schools, since recommended making the typical sign provide consistency with Part 8 as schools do exist on low-volume rural sizes the same size as for Conventional adopted herein. roads and there is a need to refer readers Roads, making the minimum sign sizes 437. In Section 5F.03 Grade Crossing of Part 5 to the applicable provisions of the next smaller size than Conventional Advance Warning Signs, the FHWA Part 7. The FHWA agrees and adds the Roads, and making the oversized sign proposed in the NPA to require that a new chapter, which consists of a sizes the next larger size than supplemental plaque describing the SUPPORT paragraph that refers users to

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00101 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66830 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

Part 7 for more information and a closures on high-volume streets and revision, a State DOT opposed the STANDARD paragraph that merely highways should be scheduled during change and suggested no set minimum requires compliance with applicable off-peak hours ‘‘if work operations taper length, in order to allow more provisions in Part 7. permit,’’ and recommends that night flexibility on low-volume and low- work should be considered ‘‘if the work speed local roads. The FHWA believes Discussion of Amendments to Part 6— can be accomplished with a series of Temporary Traffic Control—General that a taper shorter than 50 feet long short-term operations.’’ does not provide any guidance 441. As proposed in the NPA, the 444. In Section 6C.04 Advance information to approaching road users, FHWA revises the Code of Federal Warning Area, the FHWA proposed in and therefore in this final rule adopts Regulations to delete title 23 CFR part the NPA to add a new GUIDANCE the proposed GUIDANCE in paragraph 634 regarding Worker Visibility, in regarding sign spacing that reinforced 15. The FHWA also adopts a order to incorporate the provisions into that the distances contained in Table recommended minimum taper length of the MUTCD, which is applicable to all 6C–1 are for guidance purposes and 50 feet for one-lane, two-way traffic public roads. As such, title 23 CFR part should be considered minimums. A tapers in Table 6C–3 and illustrates the 634 is no longer needed because its local DOT agreed with the proposal. The recommended minimum taper length in requirements for high visibility NCUTCD, three State DOTs, and a several figures in Part 6. garments are incorporated into the transportation research institute In addition, the FHWA proposed in MUTCD in Sections 6D.03 and 6E.02 recommended that the distances in the NPA to add GUIDANCE that a and are therefore applicable to all roads Table 6C–1 be referred to as downstream taper with a length of open to public travel in accordance with ‘‘approximate’’ and that shorter approximately 100 feet should be used title 23 CFR part 655, not just applicable distances be allowed based on field to guide traffic back into their original to Federal-aid highways. conditions. The FHWA agrees with the lane. Two State DOTs opposed the 442. The FHWA in this final rule comments and adopts in this final rule proposal because they believe a updates the figures throughout Part 6 to a modified paragraph 06 to recommend downstream taper is not always reflect new or revised signs adopted in that the distances in Table 6C–1 should necessary. The FHWA notes that the Part 2 that are applicable to Temporary be adjusted for field conditions by statement only applies to flagger Traffic Control Zones. increasing or decreasing the operations and this taper is very Discussion of Amendments Within recommended distances. important to provide positive guidance 445. In Section 6C.05 Transition Area, Chapters 6A Through 6E to vehicles after they pass the lane the FHWA proposed in the NPA an closure. Based on comments from 443. In Section 6B.01 Fundamental OPTION that stated that vehicle- ATSSA, a State DOT, and a Principles of Temporary Traffic Control, mounted traffic control devices may be the FHWA proposed in the NPA to used instead of channelizing devices to transportation research institute, the modify the GUIDANCE in paragraph 07 establish a transition area. The NCUTCD FHWA adopts a revised GUIDANCE in item 2.C to recommend that provisions opposed the proposal, while a State this final rule that does not include the should be made for the continuous DOT and two local DOTs agreed with word ‘‘approximately’’ as indicated operation of work on roadways. The the proposal. A State DOT and a above and recommends that a length of NCUTCD and four State DOTs opposed transportation research institute 100 feet should be used for a the use of the word ‘‘continuous.’’ The recommended that the statement be downstream taper. FHWA agrees and in this final rule upgraded to GUIDANCE. The FHWA 448. In Section 6C.10 One-Lane, Two- revises item 2.C to recommend that disagrees with changing this provision Way Traffic Control, the FHWA provisions should be made to minimize to GUIDANCE at this time but might proposed in the NPA to add an OPTION the need for lane closures. consider proposing it for a future to explicitly allow for the movement of A State DOT suggested rewording the rulemaking. The FHWA in this final traffic to be self-regulating through a existing GUIDANCE in item 2.D that rule adopts paragraph 03 as an OPTION one-lane, two-way constriction, recommended that road users should to allow the use of vehicle-mounted provided that the work space is short use alternative routes that do not traffic control devices to establish a and is on a low-volume street or road, include TTC zones. The FHWA agrees transition area because portable devices and that road users from both directions and adopts in this final rule a revised can be more practical for mobile are able to see the traffic approaching item 2.D that also considers roadway operations. from the opposite direction through and capacity and type of roadway. 446. In Section 6C.07 Termination beyond the work site. The FHWA The FHWA proposed in the NPA to Area, the FHWA proposed in the NPA proposed this change to provide modify item 2.F in the GUIDANCE to to revise the STANDARD to clarify the practitioners with more flexibility on recommend that roadway occupancy for use of a termination area. A State DOT low-volume, low-speed roads. While TTC should be scheduled during off- and a transportation research institute two local DOTs opposed the change, peak hours ‘‘on high-volume streets and opposed the existing STANDARD four State DOTs, a local DOT, and a highways’’ to provide agencies with requiring that termination areas be used, transportation research institute agreed more flexibility in time periods for work because they are not required in all with the proposal. The FHWA adopts on local residential streets and low- instances. The FHWA agrees with the this proposal in this final rule, but volume streets. A State DOT agreed with comment and in this final rule changes acknowledges that, since this is an the proposal, but recommended the STANDARD to SUPPORT, because OPTION, an agency may prohibit the additional language that included the the termination area is not specific and use of this OPTION within its removal of the term ‘‘roadway is not used in all cases. jurisdiction. Based on comments from a occupancy.’’ The FHWA agrees in part 447. In Section 6C.08 Tapers, the State DOT and a transportation research with the recommended modifications FHWA proposed in the NPA to add institute, the FHWA also deletes a and adopts in this final rule a revised GUIDANCE to recommend that the SUPPORT statement that was in the item 2.F that uses the term ‘‘lane length of a short taper used with flagger 2003 MUTCD because it is no longer closures’’ instead of ‘‘roadway operations should be a minimum of 50 necessary with the new OPTION occupancy,’’ recommends that lane feet. While a local DOT agreed with the adopted in paragraph 05.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00102 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66831

449. In the NPA, the FHWA proposed public right-of-way. The NCUTCD 2011 (approximately two years from the to relocate the STANDARD in Section recommended revising paragraph 04 to effective date of this final rule) for 6F.54 of the 2003 MUTCD regarding the clarify that the required use of high- worker apparel on non-Federal-aid PILOT CAR FOLLOW ME Sign and visibility apparel also applied to highways, which is consistent with the flaggers in activity areas where a pilot emergency responders and that two-year compliance period that was car is being used, to Section 6C.13 Pilot exposure of workers to ‘‘work vehicles’’ provided for Federal-aid highways in Car Method of One-Lane, Two-Way within the TTC zone also requires the title 23 CFR part 634. Required Traffic Control. In response to a use of high-visibility safety apparel. In compliance of apparel for workers, comment from a State DOT, the FHWA this final rule, the FHWA adopts a including law enforcement officers, on adopts in this final rule a revised revised STANDARD that incorporates Federal-aid highways has been in effect paragraph 04 to require that a flagger into the MUTCD the provisions of title since November 24, 2008, pursuant to shall be stationed ‘‘to control’’ rather 23 CFR part 634 that were published as title 23 CFR part 634. than ‘‘to stop’’ vehicular traffic until the a Final Rule in the Federal Register on 453. In Section 6E.02 High-Visibility pilot vehicle is available. The FHWA June 15, 2009 186 and the recommended Safety Apparel, the FHWA proposed in also retains Section 6F.58 PILOT CAR revisions by the NCUTCD. The FHWA the NPA several changes regarding the FOLLOW ME Sign in this final rule with also adopts a new OPTION as proposed use of high-visibility safety apparel by the first sentence of the existing in the NPA in paragraph 05 that allows flaggers during daytime and nighttime STANDARD and a reference to Section first responders and law enforcement activity, as well as by law enforcement 6C.13, as discussed in item 475 below. personnel to use safety apparel meeting personnel within a TTC zone, to reflect 450. As proposed in the NPA, the a newly-developed American National the provisions of title 23 CFR part 634 FHWA in this final rule relocates Standards Institute (ANSI) standard for (see items 441 and 452 above). The several paragraphs related to accessible ‘‘public safety vests,’’ because this type NCUTCD and a local DOT pedestrian facilities from Section 6D.01 of vest will better meet the special needs recommended revising the reference to Pedestrian Considerations to Section of these personnel. In the NPA, the the ANSI 107 publication throughout 6D.02 Accessibility Considerations, in FHWA referenced the provisions of title the section to remove ‘‘or equivalent order to consolidate related information 23 CFR part 634 that were published in revisions.’’ The FHWA agrees and into one section. the Federal Register on November 24, adopts in this final rule the reference to Based on a comment from the 2006.187 The NCUTCD, five State DOTs, the ANSI 107–2004 publication, which NCUTCD, the FHWA relocates an two local DOTs, two fire departments, is the latest version of the of the ANSI existing GUIDANCE from Section 6D.02 and a transportation research institute 107 standard. Based on a comment from to Section 6D.01 that list the pedestrian agreed with the proposal, but a State DOT, the FHWA revises considerations that should be addressed recommended modifications. Numerous paragraph 01 to include a combination when temporary pedestrian pathways in firefighting associations and of orange-red and fluorescent yellow- TTC zones are designed or modified, in organizations, police associations, and green as an approved apparel order to consolidate pedestrian citizens opposed the proposed change, background material color combination. consideration information into one primarily because of a concern that the The FHWA establishes a target section. In this final rule, paragraph 11 safety apparel would have to be worn compliance date of December 31, 2011 in Section 6D.01 contains the relocated over turn-out gear during emergency (approximately two years from the GUIDANCE. operations that involve exposure to effective date of this final rule) for 451. In Section 6D.01 Pedestrian flame, fire, or other hazards. The 2006 flagger apparel on non-Federal-aid Considerations, the FHWA proposed in Federal Register notice was amended highways. Required compliance of the NPA to relocate a statement from with a Final Rule on June 15, 2009, to apparel for workers, including law Section 6G.11 of the 2003 MUTCD that exempt firefighters from the enforcement officers, on Federal-aid accessibility and detectability shall be requirement to use high-visibility safety highways has been in effect since maintained along an alternate apparel when they are exposed to November 24, 2008, pursuant to title 23 pedestrian route if a TTC zone affects an hazardous conditions where the use of CFR part 634. 454. In Section 6E.03 Hand-Signaling accessible and detectable pedestrian the apparel might increase the risk of Devices, the FHWA proposed in the facility. This is an existing provision of injury to firefighter personnel. In this NPA to add SUPPORT and GUIDANCE the ADAAG.185 The FHWA in this final final rule, the FHWA revises the statements to clarify that it is rule adopts the proposed relocation. STANDARD in paragraph 07 and adds recommended to place a STOP/SLOW Based on a comment from the NCUTCD, an OPTION in paragraph 08 that paddle on a rigid staff, with a minimum the FHWA also retains the first sentence describes the exemption for firefighters length of 7 feet, in order to display a of paragraph 04, which states that from the requirement to use high- visibility safety apparel in certain STOP or SLOW message that is stable adequate pedestrian access and and high enough to be seen by walkways shall be provided if the TTC conditions. The FHWA establishes a target compliance date of December 31, approaching or stopped traffic. A State zone affects the movement of DOT, three local DOTs, and a traffic pedestrians. control device manufacturer agreed with 186 The Federal Register Notice for the Final Rule, 452. In Section 6D.03 Worker Safety the proposal. The NCUTCD, ATSSA, 11 Considerations, the FHWA proposed in dated June 15, 2009 (Volume 74, Number 113, Page 28160–28161) can be viewed at the following State DOTs, a transportation research the NPA a new STANDARD to Internet Web site: http://frwebgate.access.gpo.gov/ institute, and an NCUTCD member incorporate into the MUTCD the cgi-bin/ opposed the proposed minimum getdoc.cgi?dbname=2009_register&docid=fr15jn09- provisions of title 23 CFR part 634 recommended height, citing concerns regarding the use of high-visibility 7.pdf. 187 The Federal Register Notice for the Final Rule, about the ability of a flagger to control safety apparel by workers within the dated November 24, 2006 (Volume 71, Number 226, the paddle on such a long staff, Page 67792–67800) can be viewed at the following especially in windy conditions. The 185 The Americans with Disabilities Accessibility Internet Web site: http://frwebgate.access.gpo.gov/ Guidelines (ADAAG) can be viewed at the cgi-bin/ FHWA agrees with these concerns and following Internet Web site: http://www.access- getdoc.cgi?dbname=2006_register&docid=E6- does not adopt in this final rule the board.gov/ada-aba/index.htm. 19910.pdf. proposed GUIDANCE that included a

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00103 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66832 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

recommended specific minimum height the MUTCD. A State DOT, a local DOT, other end of the TTC zone. A State DOT, of 7 feet. The FHWA adopts a SUPPORT and an NCUTCD member opposed the ATSSA, and a construction-related in paragraph 04 to note that the inclusion of AFADs in the MUTCD company recommended that the optimum method of displaying a STOP because of a lack of experimentation distance be increased to 1,500 feet apart or SLOW message is to place the STOP/ and reliability. The FHWA disagrees based on successful tests. The NCUTCD SLOW paddle on a rigid staff that is tall and notes that this device has been used recommended that the proposed enough to be seen by approaching or with an Interim Approval in many distance limitation be deleted. The stopped traffic. jurisdictions for approximately five FHWA disagrees with increasing the A contractor noted that flags for TTC years and no operational problems have maximum distance to 1,500 feet because are normally sold in a red/orange color ever been reported. The FHWA adopts documentation of effects from such an instead of the red color that is required in this final rule the AFAD sections into increase has not been provided. in the 2003 MUTCD. Based on the the MUTCD, based on FHWA’s revised However, the FHWA agrees with the comment, the FHWA adopts a revised Interim Approval, dated January 28, NCUTCD that there is also no reason to STANDARD in paragraph 09 that 2005.188 have a specific number of feet as a includes red or fluorescent orange/red 456. In Section 6E.04 Automated maximum distance, because there is a as acceptable colors for flags. Flagger Assistance Devices, the FHWA wide variability of conditions under The FHWA also proposed in the NPA in the NPA proposed to allow the use which AFADs are used and engineering an OPTION to allow the use of a of AFADs. The NCUTCD opposed the judgment can suffice. Therefore, the flashlight with a red glow cone at night proposal to allow AFADs that use red FHWA adopts paragraph 14 without the to supplement the STOP/SLOW paddle and yellow lenses. Two State DOTs, a item C that was proposed in the NPA. or flags. A State DOT opposed the highway safety institute, eight The FHWA does not adopt in this proposal because of concerns that glow construction-related companies, and an final rule the NPA proposed GUIDANCE cones do not give positive guidance at NCUTCD member recommended recommending that an AFAD be night. A State DOT and a transportation allowing AFADs that use red and yellow removed from its normal operating research institute recommended lenses and the FHWA agrees. Both types position when not in use. The NCUTCD revising the statement to specify that the of AFADs have been used with the and three State DOTs recommended that flashlight is only to be used at night in FHWA’s revised Interim Approval, the statement be upgraded to a an emergency operation when the dated January 28, 2005,189 and no STANDARD. The FHWA notes that flagger station is not illuminated. The operational problems have been there is a STANDARD in Section 6B.01 FHWA agrees with the commenters and reported with either device. The FHWA that requires that TTC devices be in this final rule adopts a revised adopts the section including both types removed or covered when work is paragraph 12, as recommended by the of AFADs into the MUTCD in this final suspended for short periods of time. commenters. A State DOT and a rule. The FHWA proposed in the NPA to transportation research institute The FHWA in this final rule does not recommend that a State or local agency recommended new language to describe adopt the NPA proposed GUIDANCE that elects to use AFADS should adopt methods of signaling with a flashlight in that recommended that AFADs should a policy governing AFAD applications. an emergency when the flagger station only be used after an engineering study Based on comments from the NCUTCD is not illuminated. The FHWA agrees determines they are appropriate. The and a local DOT, the FHWA in this final and in this final rule adopts a new NCUTCD, four State DOTs, a local DOT, rule adopts a revised paragraph 17 to STANDARD with three methods of and ATSSA recommended the removal add the phrase ‘‘based on engineering signaling with a flashlight to provide of the statement and the FHWA agrees judgment’’ to recommend that a State or consistency with the other commonly that an engineering study is not local agency that elects to use AFADs used flagging procedures using other necessary for each individual use of should adopt a policy, based on hand signaling devices. Signaling with a AFADs. engineering judgment, governing AFAD flashlight is an optional flagging The FHWA in the NPA proposed a applications. procedure, but if a highway agency STANDARD prohibiting AFADs from 457. In Section 6E.05 STOP/SLOW chooses to allow it, the FHWA believes being a substitute for or a replacement Automated Flagger Assistance Devices, that it is critical to include uniform for a continuously operating temporary the FHWA proposed in the NPA to methods of flashlight signaling so that traffic control signal. The NCUTCD provide STANDARDS and GUIDANCE road users are not confused in work opposed the proposed STANDARD. The for the use of a remotely controlled zone flagging operations. The flashlight FHWA disagrees and adopts the STOP/SLOW sign on either a trailer or signaling methods are those that are in proposal in this final rule because it a movable cart system and a gate arm. common use. believes that paragraph 07 emphasizes One flagging company opposed the 455. In the NPA, the FHWA proposed the point that AFADs are to assist the STOP/SLOW variety of AFAD because it to add three new sections following flagger and not to be operated could present problematic situations. Section 6E.03: Section 6E.04 Automated independently. The FHWA disagrees and notes that this Flagger Assistance Devices, Section The FHWA does not adopt in this device has been used with an Interim 6E.05 STOP/SLOW Automated Flagger final rule the NPA proposed condition Approval (as discussed above) for Assistance Devices, and Section 6E.06 that AFADs be less than 800 feet apart approximately five years and no Red/Yellow Lens Automated Flagger to allow a single flagger to operational problems have been Assistance Devices. Automated Flagger simultaneously operate two AFADs or reported. The FHWA adopts the section Assistance Devices (AFADs) are simultaneously operate a single AFAD concerning the STOP/SLOW AFAD in optional devices that enable a flagger(s) at one end while being a flagger at the the MUTCD in this final rule. to be positioned out of the lane of traffic Four State DOTs commented on the and are used to control road users 188 The Revised Interim Approval notice can be proposed height of 6 feet to the bottom through TTC zones. Four State DOTs, viewed at the following Internet Web site: http:// of the STOP/SLOW sign and mutcd.fhwa.dot.gov/pdfs/ia_afads012705.pdf. two local DOTs, ATSSA, and three 189 The Revised Interim Approval notice can be recommended that it match the construction-related companies agreed viewed at the following Internet Web site: http:// proposed height of 7 feet for the flagger with the proposed addition of AFADs to mutcd.fhwa.dot.gov/pdfs/ia_afads012705.pdf. paddle. As discussed above in item 454,

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00104 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66833

the FHWA does not adopt in this final AFADs to the MUTCD, an AFAD is an 462. In Section 6F.02 General rule a specific height for the flagger acceptable device for a flagger. Two Characteristics of Signs, the FHWA paddle, so consistency is no longer an local DOTs agreed with the prohibition proposed in the NPA to expand a issue. The FHWA adopts paragraph 02 of hand movements alone for flaggers. STANDARD to require that the as proposed in the NPA. Four State DOTs, three local DOTs, a minimum sign sizes shown in Table 6F– The NCUTCD and a State DOT member of the U.S. House of 1 shall only be used on local streets or recommended removing the Stop Representatives, and an NCUTCD roadways where the 85th percentile Beacon from the proposed list of active member opposed the prohibition of the speed or posted speed limit is less than conspicuity devices that shall use of hand movements alone and 35 mph. A State DOT agreed with the supplement the AFAD’s STOP/SLOW recommended an exemption for law change. A local DOT recommended that sign. The FHWA disagrees and notes enforcement and emergency situations. the 85th percentile speed be used that the decision was made to keep the The FHWA in this final rule adopts a exclusively. The FHWA disagrees Stop Beacon rather than change to a modified paragraph 02 that prohibits the because relying only on the 85th steady burn red indication because the use of hand movements alone, but percentile speed would require an Stop Beacon is appropriate for use with establishes an exception for law agency to do a speed study on all streets a STOP sign, which is the sign used in enforcement personnel or emergency and roadways, which is impractical. this variety of AFAD. In this final rule, responders at incident scenes. The FHWA adopts in this final rule the FHWA adopts the Stop Beacon in The FHWA also proposed in the NPA paragraph 09 as proposed in the NPA. the list of supplemental active to revise a GUIDANCE to recommend 463. In Section 6F.03 Sign Placement, conspicuity devices in paragraph 04 that a flagger should stand alone, away the FHWA proposed in the NPA to add item B as proposed in the NPA. from other workers. Based on a additional language discussing the In the NPA, the FHWA proposed a comment from a State DOT and for minimum mounting heights for TTC STANDARD to require that a gate arm, consistency with normal work zone signs. A State DOT, two local DOTs, and if used, shall be covered with worker safety practices, the FHWA in an NCUTCD member questioned why alternating red and white retroreflective the final rule adopts paragraph 06 to the mounting height requirements were stripes at 6-inch intervals. The NCUTCD also recommend that flaggers should not consistent with Part 2. Based on the and four State DOTs recommended stand away from work vehicles or comments, the FHWA in this final rule changes to the NPA proposed language equipment. adopts revisions to paragraphs 04, 05, for gate arms that should accompany the 460. In Section 6E.08 Flagger Stations, and 06 to match the language from STOP/SLOW AFAD. Based on these the FHWA proposed in the NPA to add Section 2A.18 for consistency. comments, the FHWA adopts in this to the GUIDANCE that an escape route 464. In Section 6F.04 Sign final rule a revised paragraph 11 to for flaggers should be identified. Based Maintenance, a State DOT and a require that gate arms, if used, shall be on comments from two State DOTs, the consultant recommended that the fully retroreflectorized on both sides FHWA adopts in this final rule a revised existing STANDARD statement be and that the retroreflective strips shall paragraph 03 to state that the flagger revised to GUIDANCE to be consistent be spaced at 16-inch intervals. Similar should identify an escape route for with Section 2A.22 and that Section changes are also adopted in Section protection from errant vehicles to clarify 2A.08 be referenced concerning 6E.06. why the escape route is necessary. minimum retroreflectivity. The FHWA 458. In Section 6E.06 Red/Yellow agrees and adopts paragraphs 01 and 02 Discussion of Amendments Within Lens Automated Flagger Assistance as GUIDANCE and adds a SUPPORT Chapter 6F Devices, the FHWA in the NPA that references Section 2A.08 in this proposed a new section allowing the use 461. In Table 6F–1 Temporary Traffic final rule. of remotely controlled red and yellow Control Zone Sign and Plaque Sizes, the 465. The FHWA proposed in the NPA lenses with a gate arm. The NCUTCD FHWA proposed in the NPA to adopt a new section numbered and titled and an NCUTCD member opposed the revised sign sizes in the Freeway or Section 6F.12 Work Zone and Higher proposed red/yellow lens type of Expressway column and in the Fines Signs and Plaques, which AFADs. The FHWA disagrees and notes Minimum column for several signs. A describes the use of the plaques that this device has been used with an State DOT, ATSSA, and a transportation supplementing a Speed Limit sign to Interim Approval (as discussed above) research institute recommended emphasize that a reduced speed limit is for approximately five years and no additional sign size changes to make in effect within a TTC zone and that operational problems have ever been the signs more legible for drivers with increased fines are imposed for traffic reported. The FHWA adopts in this final 20/40 visual acuity and to assure that violations within the TTC zone. Based rule the new section as proposed in the the signs are large enough to use for on comments from two State DOTs, the NPA with editorial changes. TTC on high-speed freeways. The FHWA revises one of the proposed 459. In Section 6E.07 Flagger FHWA agrees and in this final rule OPTIONS to a GUIDANCE to Procedures, the FHWA proposed in the adopts the changes for consistency with recommend, rather than merely allow, NPA to add a STANDARD that flaggers the adopted sign sizes in Part 2. that a BEGIN HIGHER FINES ZONE sign shall use a STOP/SLOW paddle, flag, or A State DOT and a transportation should be installed at the upstream end an AFAD to control road users research institute also recommended of a work zone where increased fines are approaching a TTC zone, and that the adding to the Freeway or Expressway imposed for traffic violations and an use of hand movements alone is column a sign size of 48 inches for the END HIGHER FINES ZONE sign should prohibited. This additional language Stop sign and 24 inches for the Stop be installed at the downstream end of was proposed to protect the safety of sign on a Stop/Slow Paddle because the work zone. The FHWA adopts this workers and road users, and reinforces there are applications for Stop signs in language in this final rule consistent that hand movements alone are not an freeway/expressway TTC applications. with the language adopted in Sections acceptable flagging method. The The FHWA agrees that this is 2B.17 and 7B.10. NCUTCD and a local DOT opposed the appropriate and consistent with 466. In Section 6F.23 CENTER LANE reference to AFADs in the proposal. The provisions in Chapter 2B and revises the CLOSED AHEAD Sign, a State DOT and FHWA notes that with the addition of table in this final rule. a transportation research institute

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00105 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66834 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

recommended removing the existing 17) sign with a SHOULDER DROP-OFF the sign. Based on the comments, the Center Lane Closed Ahead (W9–3a) (W8–17p) supplemental plaque. FHWA adopts in this final rule the symbol sign because the symbol sign Consistent with the adopted changes to proposed section, adds an OPTION to was confusing in its meaning. Although Chapter 2C, the FHWA in this final rule allow the use of a new ALL LANES this was not proposed in the NPA, the adopts the W8–17 symbol sign as the (W24–1cP) plaque with the W1–4 sign, FHWA agrees and in this final rule Shoulder Drop-Off warning sign with a and adds an OPTION to allow a removes the OPTION for using the sign SHOULDER DROP-OFF (W8–17p) rectangular version of the multi-lane and revises the title of the section. This supplemental plaque and deletes the sign if there are more than three lanes symbol has not undergone human SHOULDER DROP-OFF word message being shifted. The FHWA also adopts a factors testing to confirm that its sign (W8–9a in the 2003 MUTCD). new GUIDANCE that recommends the meaning can be comprehended by road 470. In Section 6F.45 UNEVEN Reverse Turn (W1–3) sign if the design users. The FHWA also removes the LANES Sign, the FHWA proposed in the speed of the curve is 30 mph or less to symbol sign from Figures 6F–4 and 6H– NPA an optional Shoulder Drop-Off be consistent with the existing 38 in this final rule. symbol sign (W8–17) with an UNEVEN GUIDANCE for Typical Applications in 467. In the NPA, the FHWA proposed LANES supplemental plaque that could Chapter 6H. The FHWA in this final to add a new section numbered and be used instead of the UNEVEN LANES rule also adopts revised language in titled Section 6F.30 NEW TRAFFIC word sign. Two State DOTs, a local Section 6F.49 Double Reverse Curve PATTERN AHEAD Sign, which DOT, and ATSSA agreed with the Signs that match the adopted language describes the optional use of the NEW proposal. Three other State DOTs, three in Section 6F.48. The FHWA revises TRAFFIC PATTERN AHEAD sign to local DOTs, and an NCUTCD member Figure 6F–4 to include the new ALL provide advance warning of a change in opposed the new sign because the LANES plaque. traffic patterns, such as revised lane meaning was unclear. Consistent with 474. In Figure 6F–4 Warning Signs in usage, roadway geometry, or signal the adopted changes to Chapter 2C, the Temporary Traffic Control Zones, the phasing. A local DOT and ATSSA FHWA in this final rule adopts the W8– FHWA adopts in the final rule revisions supported the addition of the new sign. 17 symbol sign as the Shoulder Drop-Off to warning signs and plaques in the A State DOT and a consultant opposed warning sign. The FHWA in this final figure based on adopted changes to the new sign and preferred signs that are rule does not adopt the UNEVEN Chapter 6F and Part 2. more descriptive. The FHWA disagrees LANES (W8–11p) supplemental plaque 475. In the NPA, the FHWA proposed and notes that a more specific word that was proposed in the NPA, and to relocate all of the information from message can be used if appropriate. The retains the existing W8–11 UNEVEN Section 6F.58 PILOT CAR FOLLOW ME FHWA in this final rule adopts the LANES word message sign. Sign (numbered Section 6F.54 in the proposed OPTION in paragraph 01. 471. The FHWA proposed in the NPA 2003 MUTCD), to Section 6C.13, Based on comments from two DOTs that to add a new STEEL PLATE ON because the information is related a maximum time limit on display of the PAVEMENT (W8–24) sign in Section specifically to pilot cars, which are sign is needed, the FHWA adopts in this 6F.45. A State DOT recommended that covered in Section 6C.13. A State DOT final rule a new GUIDANCE in a separate section be added specifically opposed the proposed deletion of the paragraph 02 to recommend that, in for this sign. The FHWA agrees and in section from Chapter 6F. In this final order to retain its effectiveness, the sign this final rule renames the sign and rule, the FHWA retains the first should be displayed for up to 2 weeks relocates the text to a new section, sentence of the existing STANDARD in and then be removed. numbered and titled Section 6F.46 Section 6F.58 and adds a reference to 468. In Section 6F.31 Flagger Signs, STEEL PLATE AHEAD Sign. Section 6C.13 for details on the usage of the FHWA proposed in the NPA to add 472. In Section 6F.47 NO CENTER this sign. an OPTION to allow Flagger signs to LINE Sign (numbered Section 6F.46 in 476. In Section 6F.60 Portable remain displayed to road users for up to the NPA), a State DOT recommended Changeable Message Signs (numbered 15 minutes when flagging operations are revising the existing title and sign name Section 6F.57 in the NPA) the FHWA not occurring under certain from NO CENTER STRIPE to NO proposed in the NPA to change circumstances. While two State DOTs CENTER LINE to better describe what paragraph 01 from STANDARD to and a local DOT agreed with the the sign is used for. The FHWA agrees SUPPORT because this statement just proposal, three other State DOTs and and adopts a revised name for the title provides information, rather than another local DOT opposed the and sign, for consistency with similar requirements. The FHWA proposed to proposal. In addition, a State DOT, adopted changes in Chapter 2C. The change paragraph 07 from GUIDANCE ATSSA, and a transportation research FHWA also adopts revisions to the sign to STANDARD in order to require that institute recommended that the in Figure 6F–4. Portable Changeable Message signs proposed 15-minute time period should 473. In the NPA the FHWA proposed comply with specific chapters and be increased to 30 minutes. The FHWA a new section, numbered and titled tables in the MUTCD. The FHWA decides not to adopt the proposed Section 6F.48 Reverse Curve Signs proposed to revise several GUIDANCE OPTION in this final rule and also (numbered Section 6F.47 in the NPA), paragraphs to clarify the deletes an existing STANDARD that that contained OPTION and recommendations for messages and stated that the Flagger sign shall be STANDARD statements describing the phases, and to clarify that Portable removed, covered, or turned away from use of the Reverse Curve signs to give Changeable Message signs should be road users when the flagging operations road users advance notice of a lane shift. placed off the shoulder of the roadway are not occurring. The FHWA notes that The NCUTCD, five State DOTs, two and behind a traffic barrier. The FHWA this sign is no different from other TTC local DOTs, a transportation research also proposed to delete the existing signs and there is an existing provision institute, and three NCUTCD members OPTION allowing smaller letter sizes on in Section 6B.01 that addresses removal recommended changes to the proposed Portable Changeable Message signs and of signs that are no longer applicable. section, including changing the multiple signs to display an entire 469. In Section 6F.44 Shoulder Signs proposed STANDARD to GUIDANCE, message because the proposed and Plaque, the FHWA proposed in the and limiting the number of lanes GUIDANCE updates this information. NPA a Shoulder Drop-Off symbol (W8– displayed on the multi-lane versions of The FHWA proposed a new

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00106 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66835

STANDARD in the NPA, but adopts it display. Two State DOTs and a local or pedestrian barriers in TTC zones, to as GUIDANCE in paragraph 17 in this DOT agreed with the proposal. A State be consistent with adopted language in final rule to recommend, rather than DOT and a local DOT opposed the Section 6D.01. The FHWA agrees and require, the number of phases and proposed change because they believe removes the GUIDANCE in this final number of lines, placement of message the display could cause driver rule. within each line, techniques for message confusion and because the symbol is 481. In Section 6F.65 Tubular Markers display, and interaction between signs if already used for HOV facilities and (Section 6F.62 in the NPA), the FHWA more than one is simultaneously visible could create an inconsistent message. in the NPA proposed to revise the to road users. The FHWA adopts the The FHWA disagrees and notes that STANDARD in paragraph 03 to expand other changes proposed for this section experimentation did not identify this the requirements for reflectorization in the NPA in this final rule to be issue as a problem and that it is only an bands on tubular markers. The NCUTCD consistent with the adopted changes for option for an agency to use. The FHWA and a State DOT suggested increasing permanent Changeable Message signs in adopts the Alternating Diamond in this the maximum distance from the orange new Chapter 2L, but with differences to final rule as an option for a Flashing band to the top of the tubular marker suit the special nature of Portable Caution display. from 4 inches to 6 inches to be Changeable Message Signs. These 479. In Section 6F.63 Channelizing consistent with the requirement for changes are based on extensive research Devices (numbered Section 6F.60 in the retroreflective stripes on drums. The on changeable message sign legibility, NPA), the FHWA proposed in the NPA FHWA agrees and adopts in this final messaging, and operations conducted to add a STANDARD in paragraph 01 rule a revised STANDARD to be over a period of many years by the that all channelizing devices shall be consistent with the retroreflective Texas Transportation Institute.190 The crashworthy. A local DOT agreed with striping of other devices. FHWA did not receive any comments the change. The FHWA adopts in this The NCUTCD recommended deleting on the proposed changes to this section. final rule the STANDARD as proposed the existing GUIDANCE concerning the 477. In Section 6F.61 Arrow Boards in the NPA. Based on a comment from use of tubular markers for pedestrian (numbered Section 6F.58 in the NPA), a State DOT and a transportation channelization or as pedestrian barriers the FHWA proposed to revise the research institute, the FHWA also in TTC zones, to be consistent with the GUIDANCE in paragraph 09 to clarify deletes an existing GUIDANCE stating language adopted in Section 6D.01. The the measurement for the minimum that channelizing devices should be FHWA agrees and deletes the mounting height of an arrow board. A crashworthy because it would be GUIDANCE in this final rule. A State DOT suggested deleting the State DOT recommended replacing the contradictory to the new STANDARD. existing STANDARD that described the word ‘‘panel’’ with ‘‘board.’’ The FHWA The NCUTCD, two State DOTs, and use of a noncylindrical tubular marker, agrees and in this final rule replaces the an NCUTCD member suggesting revised because it was redundant and conflicted word ‘‘panel’’ with ‘‘board’’ throughout language for the STANDARD in with the previous STANDARD. The the section, including in the title paragraph 05 concerning channelizing FHWA agrees and in this final rule because the device is most commonly devices used to channelize pedestrians to be consistent with the STANDARD removes the paragraph as suggested. known by that term and because proposed in Section 6F.68. Another 482. In Section 6F.66 Vertical Panels ‘‘panel’’ is defined in the adopted State DOT commented that the (Section 6F.63 in the NPA), the FHWA definitions in Section 1A.13 as applying proposed text in paragraph 05 on proposed in the NPA to require that the to static signs. channelizing pedestrians was dimensions listed in the section refer to A local DOT recommended revising ambiguous. The NCUTCD, a State DOT, the ‘‘retroreflective material’’ on the the existing STANDARD that prohibited and an NCUTCD member also vertical panels. The FHWA adopts the the use of arrow boards from being used recommended retaining an existing STANDARDS in the final rule with to laterally shift traffic because the OPTION in Section 6F.60, which the additional revisions that better clarify existing language is confusing. The FHWA proposed in the NPA to relocate the intent of the section. FHWA agrees and adopts in this final to Section 6F.68, regarding the height of In the NPA, the FHWA proposed to rule a modified paragraph 25 to require the gap between the bottom rail and the change an OPTION to a STANDARD to that arrow boards shall only be used to ground surface that may be used to require, rather than merely permit, a indicate a lane closure and that they facilitate drainage in the section, and panel stripe width of 4 inches to be used shall not be used for lane shifts, for recommended revising the allowable where the height of the reflective consistency with other requirements. gap from 6 inches to 2 inches. The material on a vertical panel is 36 inches A State DOT requested that the FHWA agrees with all of these or less. Based on comments from a State ‘‘Alternating Diamond’’ mode be added comments and in this final rule adopts DOT and an NCUTCD member that the to the approved list of mode selections a revised paragraph 05 that relocates to proposed requirement was too on an arrow board for consistency with Section 6F.63 the STANDARD that was restrictive, the FHWA in this final rule the addition of this type of display in proposed in Section 6F.68 to simplify maintains the use of 4-inch wide panel Figure 6F–6, as discussed below. The the requirements for the placement of stripes as an OPTION for vertical panels FHWA agrees and adopts a modified channelizing devices for channelizing that are 36 inches in height or less. paragraph 16 item C to include the pedestrians. The FHWA also adopts a 483. In Section 6F.67 Drums Alternating Diamond mode. revised OPTION that allows a gap of up (numbered Section 6F.64 in the NPA), 478. In Figure 6F–6 Advance Warning to 2 inches to comply with Section the FHWA proposed in the NPA to Arrow Board Display Specifications, the 6F.74 and relocates to Section 6F.63 the change a GUIDANCE to a STANDARD FHWA proposed in the NPA the OPTION that was proposed in Section to prohibit weighting drums with sand, Alternating Diamond display as one of 6F.68. water, or any material to the extent that the options for a Flashing Caution 480. In Section 6F.64 Cones would make them hazardous to road (numbered Section 6F.61 in the NPA), users or workers when struck. As part 190 Information on the many research projects on changeable message signs conducted by the Texas the NCUTCD recommended deleting the of this change, the FHWA also proposed Transportation Institute (TTI) can be accessed via existing GUIDANCE concerning the use to delete another GUIDANCE discussing TTI’s Internet Web site at: http://tti.tamu.edu/. of cones for pedestrian channelization the use of drain holes to prevent water

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00107 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66836 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

from accumulating and freezing. This devices. A State DOT and a these devices are water filled devices. recommendation is not necessary since transportation research institute The FHWA agrees and in this final rule there is a STANDARD that requires opposed the revision because the maintains the OPTION statement in the drums to have a closed top, thus temporary barrier will be difficult to see Manual. reducing the possibility of any water at night without those traffic control The NCUTCD, two State DOTs, and a actually accumulating in the device. A devices. The FHWA agrees and in this transportation research institute local DOT supported the proposal. Two final rule retains the existing provision. opposed a proposed STANDARD State DOTs, five local DOTs, and a In the NPA, the FHWA proposed to requiring that longitudinal channelizing consultant opposed the proposed change a GUIDANCE to a STANDARD devices be placed in compliance with changes because the word ‘‘hazardous’’ in order to prohibit, rather than the application and installation is too subjective for a STANDARD discourage, the use of temporary traffic requirements of the device. Similar to statement. The FHWA in this final rule barriers for a merging taper, except in the same issue discussed above in retains the existing text from the 2003 low-speed urban areas. The FHWA Section 6F.70, the FHWA does not MUTCD in paragraph 04 and does not proposed this change to provide adopt the proposed STANDARD adopt the proposed changes. Based on a consistency on the use of temporary because the FHWA decides that the comment from the NCUTCD, the FHWA traffic barriers within this section. A proposed statement does not add any deletes an existing GUIDANCE State DOT opposed the proposed meaningful information to the section. concerning the use of drums for change. The FHWA agrees and retains A State DOT and a transportation pedestrian channelization or pedestrian the provision as GUIDANCE in this final research institute recommended barriers in TTC zones, to be consistent rule due to inconsistency with other revising an existing statement to require, with language adopted in Section 6D.01. provisions. The FHWA notes that this instead of recommend, that 484. In Section 6F.68 Type 1, 2, or 3 section allows temporary traffic barriers channelizing devices be interlocked if Barricades (Section 6F.65 in the NPA), to be used for a merging taper in low- used for pedestrian control. The FHWA the FHWA proposed in the NPA a new speed urban conditions or for a agrees and revises paragraph 07 from STANDARD requiring continuous constricted/restricted TTC zone. GUIDANCE to STANDARD in this final detectible bottom and top rails with no The FHWA also proposed to add a rule to be consistent with the adopted gaps on barricades that are used to new STANDARD that temporary traffic language in Section 6F.63. channelize pedestrians. The FHWA also barriers shall be placed in conformance Based on a comment from a State proposed to relocate an OPTION from with the application and installation DOT, the FHWA adopts in the final rule Section 6F.63 to allow a gap of up to 6 requirements for the specific device paragraph 03 to recommend the use of inches between the bottom rail and the being used. The NCUTCD, two State retroreflective material or delineation on ground surface to facilitate drainage. DOTs, and a transportation research longitudinal channelizing devices when Based on comments from a State DOT institute commented that this statement used to channelize vehicular traffic at and a transportation research institute, is not needed because, if a device is not night, consistent with similar provisions the FHWA in this final rule revises the in compliance with the application, elsewhere in Part 6. allowable gap in the OPTION to 2 then it is not in compliance with the 487. In the NPA, the FHWA proposed inches to comply with Section 6F.74. MUTCD. The FHWA believes that the to add a new section, numbered and Based on comments from the NCUTCD statement does not add anything to the titled Section 6F.72 Temporary Lane and a State DOT, the FHWA adopts and meaning of the section and does not Separators (numbered Section 6F.70 in relocates the proposed STANDARD and adopt the proposal in this final rule. the NPA), which describes the use of OPTION statements to Section 6F.63, as The FHWA proposed a new these optional devices that may be used described in item 479 above. STANDARD statement requiring that to channelize road users, to divide The NCUTCD, two State DOTs, a temporary traffic barriers that are used opposing vehicular traffic lanes, to transportation research institute, and to channelize pedestrians meet specific divide lanes when two or more lanes are two local DOTs opposed the proposed criteria that aid pedestrians with visual open in the same direction, and to STANDARD regarding barricade disabilities, to be consistent with provide continuous pedestrian placement in conformance with requirements elsewhere in Part 6. The channelization. ATSSA and a traffic application and installation NCUTCD and a State DOT suggested control device manufacturer agreed with requirements. The FHWA agrees and in deleting this provision because it is the proposal. A State DOT, two local this final rule does not adopt the repetitive of Section 6F.74 while DOTs, a pedestrian/bicyclist proposed statement. ATSSA suggested revising the provision organization, an NCUTCD member, and Based on comments from the to be consistent with Section 6F.74. The three citizens opposed the proposed NCUTCD and a State DOT, the FHWA FHWA does not adopt proposed section because they believe that in this final rule deletes an existing STANDARD in this final rule because it temporary lane separators are not STANDARD and does not adopt the is repetitive of the language in Section compatible with bicycle travel. The proposed GUIDANCE that discussed the 6F.74. FHWA disagrees with the comments use of ballasts. The FHWA agrees with 486. As proposed in the NPA, the and notes that the device is optional and the commenters that the information is FHWA in this final rule retitles Section the agencies should determine whether already adequately covered elsewhere in 6F.71 (numbered Section 6F.68 in the or not to use it if there are problems Chapter 6F and does not need to be NPA) to ‘‘Longitudinal Channelizing with bicycle interaction. The FHWA repeated in this section. Devices,’’ to expand the section to adopts the proposed text in this final 485. In Section 6F.70 Temporary include additional devices besides rule and relocates this section to be Traffic Barriers as Channelizing Devices barricades that serve this purpose. The Section 6F.72, so it will precede Section (numbered Section 6F.67 in the NPA), FHWA proposed in the NPA to remove 6F.73 Other Channelizing Devices the FHWA proposed in the NPA to an OPTION that allowed the devices to (numbered Section 6F.69 in the NPA) delete the STANDARD requiring that be hollow and filled with water as for better organization of the chapter. temporary traffic barriers be ballast. The NCUTCD, a State DOT, and The FHWA also proposed in the NPA supplemented with delineation, six traffic control device companies a STANDARD to restrict temporary lane pavement markings, or channelizing opposed the proposed change because separators to a maximum of 4 inches in

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00108 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66837

height and 1 foot in width. A local DOT pavement marking material, and the 491. In Section 6F.79 Temporary agreed with the proposal. The NCUTCD, obliteration method(s) shall minimize Raised Pavement Markers (numbered a State DOT, and an NCUTCD member pavement scarring.’’ The NCUTCD and Section 6F.76 in the NPA), the FHWA recommended a minimum height of 2.5 an NCUTCD member opposed the in the NPA proposed to add new inches for the devices. A traffic control proposed change and recommended the STANDARD and GUIDANCE requiring device manufacturer opposed the statement be changed to GUIDANCE. the color of the raised pavement recommendation from the NCUTCD and The FHWA disagrees with the markers to simulate the color of the agreed with the NPA proposal. The commenters and believes that removal markings for which they substitute and FHWA decides to adopt in this final of conflicting markings is essential for that the pattern of the raised pavement rule paragraph 02 as proposed in the safety and that the NPA language is markers should simulate the pattern of NPA and notes that no reasoning was easier to understand. A State DOT the markings for which they substitute. given for the proposed minimum height, opposed the use of the words ‘‘all of’’ A local DOT agreed with the proposal. which could eliminate devices currently because it is not practical. The FHWA In this final rule, the FHWA adopts the in use. agrees with the State DOT and in this two statements as a combined The FHWA also proposed an OPTION final rule adopts the revised STANDARD in paragraph 02 to require to allow the use of approved STANDARD in paragraph 04 as that the color and pattern of the raised channelizing devices to supplement proposed in the NPA, with the pavement markers to simulate the color temporary lane dividers. ATSSA exception of the words ‘‘all of,’’ which and pattern of the markings for which recommended this statement be the FHWA does not adopt in this final they substitute, for consistency with upgraded to GUIDANCE. A State DOT, rule. similar provisions in Chapter 3B. a transportation research institute, and a 490. In Section 6F.78 Temporary In the NPA, the FHWA proposed a traffic device manufacturer Markings (Section 6F.75 in the NPA), STANDARD to describe the use of recommended this statement be the FHWA proposed in the NPA in temporary raised pavement markers as a upgraded to a STANDARD. The FHWA paragraph 02 to recommend that substitute for solid lines. The NCUTCD disagrees and notes that paragraph 03 temporary pavement markings should opposed the revision. The FHWA addresses the visibility of temporary not remain in place for more than 14 disagrees and believes that the proposed lane separators if supplemental days after the application of the STANDARD in paragraph 04 improves channelizing devices are not used. The pavement surface treatment or the clarity and in this final rule adopts the FHWA adopts the OPTION as proposed construction of the final pavement language as proposed in the NPA. in the NPA. surface on new roadways or over In the NPA, the FHWA proposed to A State DOT and a transportation existing pavements unless justified by allow the optional use of a less research institute recommended a new an engineering study. Based on expensive pattern of raised pavement STANDARD to require an opening in comments from the NCUTCD, two State markers to substitute for a broken line temporary lane dividers at pedestrian DOTs, and an NCUTCD member, the marking and recommend that temporary crossing locations. The FHWA agrees FHWA replaces ‘‘an engineering study’’ raised pavement markers should not be and adds paragraph 06 for consistency with ‘‘engineering judgment’’ in the in place for more than 14 days. A local with ADAAG, which requires at least a GUIDANCE adopted in this final rule to DOT agreed with the proposal. The 60-inch wide pathway for the crossing allow more flexibility. NCUTCD opposed the proposed pedestrian. In the NPA, the FHWA proposed to OPTION. The FHWA disagrees and 488. In Section 6F.75 Temporary relocate an existing STANDARD from notes that the statement was removed Raised Islands (numbered Section 6F.72 Section 6F.77 to Section 6F.78 that from an existing STANDARD to make it in the NPA), the FHWA proposed in the requires that all pavement markings and an optional exception to the NPA to change the recommended width devices used to delineate road user requirements of the STANDARD. A of temporary raised islands from at least paths shall be carefully reviewed during State DOT opposed the proposed 18 inches to at least 12 inches. This daytime and nighttime periods. The GUIDANCE recommending a limit of 14 change facilitates the use of existing NCUTCD and an NCUTCD member days for the devices. The FHWA devices that have been successfully recommended changing the disagrees and notes that it is consistent used in many applications. The STANDARD to GUIDANCE and with the adopted language in Section NCUTCD recommended a width of 10 removing the word ‘‘carefully’’ from the 6F.78. The FHWA adopts in this final inches. The FHWA disagrees because no statement. The FHWA agrees that rule paragraphs 05 and 06 as proposed reasoning was provided for a smaller mandatory language is too restrictive in in the NPA. width than 12 inches. The FHWA this case and adopts paragraph 06 in 492. In the NPA, the FHWA proposed adopts in this final rule the change to this final rule as GUIDANCE and to delete Section 6F.82 Floodlights paragraph 04 as proposed in the NPA. removes the word ‘‘carefully’’ from the (numbered Section 6F.76 in the 2003 489. In Section 6F.77 Pavement statement. MUTCD), because the FHWA believes Markings (numbered Section 6F.74 in Based on a comment from a State that floodlights are not traffic control the 2003 NPA), the FHWA proposed in DOT, the FHWA adopts a new devices. Although a local DOT agreed the NPA to differentiate the usage of GUIDANCE statement that recommends with the proposal, the NCUTCD, three pavement markings in long-term that the NO CENTER LINE sign, if used, State DOTs, ATSSA, and a stationary temporary traffic control should be placed in accordance with transportation research institute zones from those used in intermediate- Section 6F.47. The FHWA adds opposed the proposed deletion of the term and short-term temporary traffic paragraph 10 in this final rule to be section because they believe the section control zones. For long-term stationary consistent with the adopted GUIDANCE provides useful information to the operations, the FHWA proposed to in Section 6F.47 that recommends the practitioner. The FHWA agrees to leave revise the existing STANDARD in placement of the NO CENTER LINE sign these types of devices in the MUTCD paragraph 04 to require that obliteration at the beginning of the TTC zone and until a clear definition of traffic control of markings in the temporary traveled repeated at 2-mile intervals in long TTC devices is established in a future edition way that are no longer applicable shall zones when the work obliterates the and in this final rule maintains the remove ‘‘all of the non-applicable center line pavement markings. section as Section 6F.82 Floodlights,

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00109 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66838 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

with the same text from the 2003 that crash cushions are not traffic Discussion of Final Rule Amendments MUTCD. control devices and that adequate and Within Chapters 6G Through 6I 493. As proposed in the NPA, the appropriate guidance on crash cushions 501. In Section 6G.01 Typical FHWA in this final rule deletes Section and vehicle arresting systems is readily Applications, the FHWA proposed in 6F.77 (as numbered in the 2003 available in a variety of FHWA, the NPA to add GUIDANCE in MUTCD) Flashing Warning Beacons. AASHTO, ITE, and industry paragraph 04 recommending that a TTC Two State DOTs and ATSSA opposed publications and Web sites. A local DOT plan should be developed for all the proposal because they did not want agreed with the proposal. The NCUTCD, planned special events in conjunction the language regarding the device to be five State DOTs, ATSSA, and a with and approved by the highway removed from the Manual. The FHWA transportation research institute agency or agencies having jurisdiction disagrees with the commenters and opposed the deletion of the section over the affected roadways. The notes that the material is already because they believe it provides NCUTCD and a local DOT supported the covered in Chapter 4L and does not important information on the topic. The language as proposed. A State DOT and need to be repeated in Part 6. FHWA agrees to leave these types of four other local DOTs noted that law 494. In Section 6F.83 Warning Lights devices in the MUTCD until a clear (numbered Section 6F.79 in the NPA), enforcement agencies approve traffic definition of traffic control devices is control plans in their area. To address the FHWA proposed in the NPA to established in a future edition and in revise a STANDARD to require that the this concern, the FHWA adopts in this this final rule maintains the section as final rule revised language that removes 30-inch minimum mounting height for Section 6F.86 Crash Cushions with the warning lights be measured vertically the specification that ‘‘highway’’ 2003 MUTCD text. agencies approve TTC plans, leaving it from the bottom of the lens to the 498. As proposed in the NPA, the elevation of the near edge of the flexible to have the appropriate agency FHWA in this final rule deletes Section having jurisdiction approve TTC plans. pavement. Two State DOTs and a 6F.83 (as numbered in the 2003 transportation research institute Two State DOTs, two local DOTs, an MUTCD) Vehicle Arresting Systems NCUTCD member, a transportation opposed the change because it would because they are not traffic control preclude the use of warning lights on research institute, a pedestrian/bicyclist devices. A local DOT agreed with the drums. The FHWA agrees and in this association, and three citizens opposed proposal. The NCUTCD, a State DOT, final rule retains paragraph 11 with the the language proposed in the NPA ATSSA, and a local DOT opposed the language from the 2003 MUTCD. requiring that ‘‘all’’ special planned 495. The FHWA in this final rule deletion of the section because they did events have TTC plans. The commenters deletes Section 6F.79 (as numbered in not want the information removed from suggested that such language was too the 2003 MUTCD) Steady-Burn Electric the Manual. The FHWA disagrees and inclusive and should be limited only to Lamps, as proposed in the NPA. A local believes that the section does not those events affecting traffic operations. DOT agreed with the change. A State provide any useful traffic control device The FHWA agrees in part and adopts DOT and a transportation research information for practitioners. revised language in this final rule institute opposed the change because 499. The FHWA proposed in the NPA accordingly. For those events that will the device has appropriate applications. to delete Section 6F.88 Screens not have traffic impacts, the TCC plan The FHWA disagrees and notes that the (numbered Section 6F.85 in the 2003 will be minimal. The FHWA adopts only difference between other warning MUTCD), because the FHWA believes these changes to help assure that proper lights and the steady burn electric lamp that glare screens are not traffic control traffic controls are installed when is the power source and that it is not devices. A local DOT agreed with the planned special events, such as parades, necessary to include both in the proposal. The NCUTCD, four State street fairs, farmers’ markets, etc., Manual. DOTs, a local DOT, a transportation impact traffic, and to respond to a 496. In Section 6F.84 Temporary research institute, a consultant, and a National Transportation Safety Board Traffic Control Signals (numbered citizen opposed the deletion of the (NTSB) report on this subject.191 Section 6F.80 in the NPA), the FHWA section because it provides information 502. In Section 6G.02 Work Duration, proposed in the NPA a new STANDARD about screens that is not provided a State DOT requested clarification of requiring temporary traffic signals elsewhere. The FHWA agrees to leave the existing STANDARD and OPTION placed within 200 feet of a highway-rail these types of devices in the MUTCD paragraphs on the treatments of mobile grade crossing or a highway-light rail until a clear definition of traffic control operations at speeds between 3 mph and transit grade crossing to have devices is established in a future edition 20 mph because it is unclear if the preemption unless arrangements are and in this final rule maintains the existing language applies to these made to prevent traffic from queuing section as Section 6F.88 Screens with speeds. The FHWA agrees that across the tracks. A State DOT and a the text from the 2003 MUTCD. clarification is necessary and in this local DOT supported the proposal. 500. As proposed in the NPA, the final rule revises the STANDARD in Based on comments from a State DOT, FHWA in this final rule deletes Section paragraph 22 to apply to the treatments a transportation research institute, a 6F.86 (as numbered in the 2003 of mobile operations for all speeds and local DOT, and an NCUTCD member, MUTCD) Future and Experimental deletes the last two OPTION paragraphs the FHWA in this final rule adopts a Devices, because such devices are in the 2003 MUTCD. modified paragraph 13 to require that a already covered in Part 1. The NCUTCD 503. In Section 6G.04 Modifications to uniformed officer or flagger shall be agreed with the change. A State DOT, a Fulfill Special Needs, the FHWA required at the crossing to prevent local DOT, and a transportation research proposed to remove the last GUIDANCE vehicles from stopping within the institute opposed the change because statement recommending that typical crossing if the temporary traffic control the public needs to understand that new signal is not provided with preemption. TTC devices must go through an 191 NTSB Report HAR–04/04, ‘‘Rear End Collision 497. The FHWA proposed in the NPA experimentation process before being and Subsequent Vehicle Intrusion into Pedestrian Space at Certified Farmers’ Market, Santa Monica, to delete Section 6F.86 Crash Cushions used. The FHWA disagrees and notes California, July 16, 2003,’’ dated August 3, 2004, (numbered Section 6F.82 in the 2003 that the information is already can be viewed at the following Internet Web site: MUTCD) because the FHWA believes contained in Section 1A.10. http://ntsb.gov/publictn/2004/HAR0404.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00110 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66839

applications be modified where Applications. The FHWA proposed this the NPA, that, except for the notes pedestrian or bicycle usage is high. A change so that the numerous Typical (which are clearly classified using State DOT opposed the revision because Application diagrams would be at the headings as being Standard, Guidance, it is a good reminder regarding end of Part 6 and to place the text and Option, or Support), the information accommodation of bicyclists and figures on incident management closer presented in the typical applications pedestrians. The FHWA agrees and in to the other sections in Part 6. The can generally be regarded as Guidance. this final rule adopts revisions to the NCUTCD, ATSSA, and two State DOTs The FHWA also adopts in this final rule GUIDANCE in paragraph 03 to include opposed this change, primarily because changes in the Typical Applications to pedestrian routes as item F and bicycle they believe Chapter 6I is best left as the reflect the changes to all parts of the diversions as item G in the list of designated chapter for Incident MUTCD with particular reference to conditions when typical applications Management, in part because it is Part 6 text and figure changes. should be modified. referred to in a number of important Additionally, the FHWA adopts the 504. In Section 6G.11 Work Within documents. The FHWA agrees and in figures and corresponding notes the Traveled Way of Urban Streets, the this final rule retains the Typical proposed in the NPA with the following FHWA proposed to relocate the first Application diagrams in Chapter 6H and changes and responses to comments paragraph of the first STANDARD in the retains Chapter 6I as Incident received: 2003 MUTCD to Section 6D.01 because Management, consistent with the 2003 a. Notes for Figure 6H–4: In the NPA, the information about maintaining MUTCD. the FHWA proposed to add a new note accessibility and detectability along 508. The FHWA received several 4 allowing stationary signs to be omitted pedestrian routes is most appropriately general comments and suggestions on if the work is mobile because the use of covered in Section 6D.01. The FHWA Chapter 6H Typical Applications such signs is often not practical with adopts the proposed relocation in this (numbered Chapter 6I in the NPA). A mobile operations. Two local DOTs final rule. State DOT, a local DOT, five bicyclist- agreed with the proposed revision. The A State DOT recommended modifying related associations, an NCUTCD FHWA in this final rule adopts a revised the existing STANDARD in paragraph member, and two citizens suggested note 4 to read ‘‘Stationary warning signs 05 to require that both pedestrian and adding an OPTION to use the adopted may be omitted for short duration or vehicular access be provided to transit Bicycles May Use Full Lane (R4–11) mobile operations if the work vehicle stops that are affected and relocated sign and adding a reference to Section displays high-intensity rotating, because of work activity. The FHWA 9B.06 in all Typical Applications where flashing, oscillating, or strobe lights,’’ to adopts this change in this final rule to the lanes are narrowed to 10 feet in TTC be consistent with Section 6G.02. The clarify and reiterate that full zones to remind MUTCD users to FHWA also deletes existing note 5 (as accessibility to transit stops is required consider bicyclists. The FHWA numbered in the NPA) because the during work activity, consistent with disagrees with the suggested addition information is incorporated in the provisions in Chapter 6D. because narrow lane widths are allowed adopted note 4. In the NPA, the FHWA 505. In Section 6G.12 Work Within in many permanent conditions, so it is proposed a new STANDARD note the Traveled Way of Multi-Lane, Non- not unrealistic to allow it in TTC stating that vehicle-mounted signs shall Access Controlled Highways, a State situations. An agency can address be mounted in a manner not obscured DOT recommended a new OPTION to specific bicycle accommodations in a by equipment or supplies, and that sign allow a single continuous taper to be project’s TTC plan. legends on vehicle-mounted signs shall used where operating speeds are 40 509. In Table 6H–3 Meaning of Letter be covered or turned from view when mph or less and the space approaching Codes on Typical Application Diagrams work is not in progress, for consistency the work area does not permit moving (numbered Table 6I–3 in the NPA), a with similar provisions in the Notes for traffic over one lane at a time. The State DOT and a transportation research Figure 6H–17. A local DOT agreed with FHWA agrees that this flexibility is institute suggested adding a fifth road the revision and the FHWA adopts note needed and can be appropriately type classification ‘‘Local (very low 8 in this final rule as proposed in the applied in lower speed conditions and speed)’’ with a suggested sign spacing of NPA. A State DOT suggested adding in this final rule adopts the new 100 feet. The FHWA disagrees and notes new GUIDANCE to describe when a OPTION in paragraph 13. that the suggested spacing is already shadow vehicle should be used. The 506. In Section 6G.13 Work Within indicated for ‘‘Urban (low speed)’’. If an FHWA disagrees since the suggested the Traveled Way at an Intersection, the agency wants to use the shorter spacing information is contained in Section FHWA proposed in the NPA to modify for signs on rural low-speed facilities, 6F.03. the existing GUIDANCE in paragraph 04 they can apply the low-speed criteria b. In Figure 6H–4, a State DOT to recommend, among other things, the and use the same values as the Urban. suggested revisions to the existing relocation of signal heads to provide The commenters also suggested figure, including removing the leading improved visibility. The NCUTCD and increasing the sign spacing for Urban truck, making the trailing truck an NCUTCD member recommended (low speed) to 200 feet because the optional, making the SHOULDER changing ‘‘improved’’ to ‘‘adequate’’ existing 100-foot spacing is inadequate WORK sign optional, and allowing visibility, for consistency with the other on a 35 mph street. The FHWA reduced traffic control requirements for conditions in the sentence. The FHWA disagrees and notes that the 100-foot short duration operations less than 60 agrees and in this final rule adopts the spacing is usually adequate for urban minutes. The FHWA disagrees because proposed revision and also references low-speed applications and allows more the existing provisions are consistent Part 4 for the description of adequate signs to be located between city blocks, with other Typical Applications for visibility for signal heads. thereby eliminating the need for Mobile Operations and Section 6G.02. 507. In the NPA, the FHWA proposed duplication. The FHWA adopts Table The FHWA in this final rule adds a to reverse the order of Chapters 6H and 6H–3 in this final rule as proposed in ‘‘Work Vehicle’’ tag to the lead truck for 6I of the 2003 MUTCD so that Chapter the NPA. clarification. 6H would be Control of Traffic Through 510. In Section 6H.01 Typical c. In Figure 6H–5, a State DOT Traffic Incident Management Areas and Applications, the FHWA adopts in this suggested revisions to the existing Chapter 6I would be Typical final rule the SUPPORT, as proposed in figure, including adding a lateral

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00111 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66840 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

clearance marker at the barrier angle h. In Figure 6H–10, the FHWA inch signal displays should not be point and an object marker at the nose proposed in the NPA to revise the suggested since additional traffic control of the attenuator. The FHWA disagrees upstream taper dimension from ‘‘100 ft emphasis is needed in temporary traffic because the use of channelizing devices MAX’’ to ‘‘50 to 100 ft.’’ A State DOT control applications. The FHWA agrees to close the lane should provide opposed the proposed revision and with the comment and also notes that delineation for the barrier. An agency recommended that the upstream taper the adopted revisions to Part 4 only can add additional devices if they dimension remain as a maximum of 100 allow the use of 8-inch indications for believe conditions warrant it. feet and also recommended deleting the very low speed roads, and therefore the d. In the Notes for Figure 6H–6, a 50-foot minimum. The FHWA disagrees FHWA in this final rule removes the State DOT and a transportation research because adopted Section 6C.08 includes note. An NCUTCD member suggested institute suggested adding two new a minimum taper length of 50 feet and replacing the existing symbolic DO NOT STANDARDS describing the the figure reflects this change. The PASS sign with the word message sign, requirements for the mounting of FHWA also proposed in the NPA to for clarity. The FHWA agrees and vehicle-mounted signs and the display revise the downstream taper dimension adopts in this final rule the suggested of high-intensity lights on shadow and from ‘‘100 ft MAX’’ to ‘‘50 to 100 ft.’’ A revision for this figure and throughout work vehicles. The FHWA agrees and State DOT and a transportation research Chapter 6H, for consistency with adds notes 11 and 12 as STANDARDS institute suggested retaining the existing adopted text in Chapter 2B. in this final rule, which are identical to ‘‘100 ft MAX’’ dimension for the l. In Notes for Figure 6H–15, the existing adopted STANDARDS from the downstream taper in order to comply FHWA proposed in the NPA to change Notes for Figure 6H–17. with Figure 6C–3 and suggested deleting an existing GUIDANCE to a e. In the Notes for Figure 6H–7, the the existing note about buffer space STANDARD, to require, instead of FHWA proposed in the NPA to reword because the information is contained in recommend, that workers in the note 3 to clarify that required pavement note 4 of the accompanying Notes roadway shall wear high-visibility safety markings no longer applicable shall be section. The FHWA agrees with the apparel as described in Section 6D.03. A removed or obliterated as soon as comments and adopts the suggested State DOT and a transportation research practical. A State DOT and a revisions in this final rule. institute suggested deleting the transportation research institute i. In Figure 6H–12, the FHWA proposed STANDARD because the suggested revising the note to remove proposed in the NPA to revise the statement is now unnecessary as a result maximum distance between the nearest of the adopted changes in Section the word ‘‘practical’’ and instead require signal face for each approach and the 6D.03. The FHWA agrees and in this that the pavement markings that are no stop line from 150 feet to 180 feet, for final rule deletes the statement from longer applicable be removed once the consistency with provisions of Part 4. A Notes for Figure 6H–15 and from Notes TTC diversion is complete. The FHWA State DOT suggested revising the figure for Figure 6H–16. As described in agrees with the comment and in this to include a dimension between the end Section 6D.03, workers within the final rule revises note 3 to read of the downstream taper and the public right-of-way are now required to ‘‘Pavement markings no longer location of the opposing temporary wear high-visibility safety apparel, applicable to the traffic pattern of the signal because the distance is critical to except for firefighters exposed to roadway shall be removed or obliterated provide enough distance for traffic to hazardous heat conditions and law before any new traffic patterns are open return to its own lane prior to the stop enforcement personnel when to traffic.’’ line for the opposing traffic. The FHWA performing non-traffic related activities. f. In Figure 6H–7, a local DOT notes the concern of the commenter, but The commenters also suggested revising suggested revising the existing figure to declines to revise the figure because this this and other Typical Applications for delete the ROAD CLOSED sign because dimension is left up to the agency to low-volume roads to also apply to low- it might imply that travel is not possible determine based upon the geometrics of speed roads. The FHWA disagrees in that direction. The FHWA agrees and the project and design speed through because there have been no other deletes the sign in this final rule. A the TTC zone. The FHWA adopts in this comments received noting problems State DOT asked what NCHRP 350 final rule Figure 6H–12 as proposed in with this operation and agencies have approved sign assembly is available to the NPA. The FHWA also adopts in this the option to require additional accommodate the warning sign with final rule the same revision to the measures for these situations. supplemental plaque shown in the maximum distance in Figure 6H–14, as m. In Notes for Figure 6H–16, the figure on a portable sign stand and still proposed in the NPA. FHWA proposed in the NPA to add a maintain the 5-foot minimum sign j. In Figure 6H–13, a State DOT and new note 1 to the GUIDANCE indicating height to the lowest sign. The FHWA a transportation research institute that all lanes should be a minimum of responds that this Typical Application suggested revising the existing figure to 10 feet in width, to be consistent with would not typically be used for periods make the BE PREPARED TO STOP sign guidance in other applications. A local of less than three days, thus signs would mandatory instead of optional. The DOT agreed with the proposal, while not be on portable mountings and FHWA disagrees because the use of the the NCUTCD opposed the proposal but therefore no revisions to the figure are sign should be dictated by the did not provide a reason for the necessary. conditions for the project, such as objection. The FHWA adopts in this g. In Notes for Figure 6H–9, an volume and speed of traffic, length, and final rule the proposed note because the NCUTCD member suggested revising frequency of closure. text is consistent with existing existing GUIDANCE note 3 to include k. In Figure 6H–14, the FHWA GUIDANCE in Notes for Figure 6H–6. YIELD signs. The FHWA agrees that this proposed in the NPA to add a note that n. In Figure 6H–16, the FHWA is appropriate for consistency with Part the maximum distance from the stop proposed in the NPA to include a 2 and adopts in this final rule a revised line to signal indication is 150 feet if 8- dimension showing a 10-foot minimum note 3 that recommends that STOP or inch signal indications are used. A State width for all lanes. A State DOT asked YIELD signs displayed to side roads DOT and a transportation research if traffic can be moved to the shoulder should be installed as needed along the institute suggested deleting the in this Typical Application. The FHWA temporary route. asterisked note because the use of 8- responds that this Typical Application

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00112 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66841

should allow shoulder use if necessary channelizing device and revises Figure Figure 6H–33. The FHWA agrees and and adopts in this final rule a revised 6H–28 and Table 6H–2 accordingly. adopts the suggested revision in this note in Figure 6H–16 identical to the s. In Figure 6H–29, a State DOT and final rule. adopted note in Figure 6H–15 that a transportation research institute x. In Notes for Figure 6H–35, a State indicates a 10-foot minimum width to suggested revising the existing figure to DOT and a transportation research the edge of pavement or outside edge of remove the ‘‘(optional)’’ note from the institute suggested adding two new paved shoulder. ROAD WORK AHEAD sign so that the STANDARDS describing the o. In Figure 6H–20, a State DOT and sign is a recommendation and not an requirements for the mounting of a transportation institute recommended option. The FHWA agrees and adopts vehicle-mounted signs and the display revisions to the existing figure to add the suggested revision in this final rule of high-intensity lights on shadow and NO LEFT TURN signs, NO RIGHT to be consistent with all other Typical work vehicles. The FHWA agrees and TURN signs, and Main Street South Applications that recommend the ROAD adds notes 2 and 3 as STANDARDS in Detour signs to provide guidance for WORK AHEAD sign whenever work is this final rule, which are identical to drivers arriving from the east and west. occurring within the roadway. The existing adopted STANDARDS from The FHWA agrees and adopts a revised commenters also suggested replacing Notes for Figure 6H–17 The FHWA also Figure 6H–20 that incorporates the the cones used to close the sidewalk adopts a revised GUIDANCE note 5 to recommended signs for added with a Type 3 channelizing device. The remove ‘‘high-intensity rotating, clarification because the intent is to FHWA agrees and adopts the suggested flashing, oscillating, or strobe lights’’ provide guidance to road users on all revision in this final rule. since they are included in the new approaches to the work zone. t. In Notes for Figure 6H–32, a State STANDARD note 3. The commenters p. In Figure 6H–23, a State DOT and DOT and a transportation research also suggested adding a new a transportation research institute institute suggested revising existing STANDARD requiring arrow boards for suggested revisions to the existing figure GUIDANCE note 4 because the figure each lane of a freeway lane closure. The to add channelization devices along the and text were not consistent for the FHWA agrees and adopts in this final double yellow center line to be placement of the Reverse Curve signs. rule a new STANDARD note 4 identical consistent with adopted provisions in The FHWA agrees and adopts in this to the adopted language in other Typical Section 6G.12. The FHWA agrees and final rule a revised note 4 to match Applications involving multi-lane adopts the suggested revision in this Figure 6H–32. The commenters also freeway lane closures (see item 510.z. final rule. An NCUTCD member asked why existing note 9 (as numbered below.) suggested deleting the LEFT LANE in the NPA) was not a STANDARD y. In Notes for Figure 6H–36, the MUST TURN LEFT sign outside of the similar to provisions in the Notes for FHWA proposed in the NPA to add a curb. The FHWA disagrees with the Figure 6H–46. The FHWA in this final STANDARD describing the use of the comment because this sign complies rule removes notes 6, 7, 8, and 9 (as Reverse Curve signs and also delete the with provisions in Chapter 2B and the numbered in the NPA) because the OPTION regarding the ALL LANES sign needs to be displayed to inform provisions regarding grade crossings are THRU supplemental plaque because the road users of the temporary left-turn addressed in Figure 6H–46 and do not Reverse Curve signs graphically indicate lane established by closing the left lane. need to be repeated in the Notes for that message. A State DOT suggested q. In Notes for Figure 6H–27, a State Figure 6H–32. The FHWA also reducing the proposed STANDARD to DOT and a transportation research renumbers note 10 (as numbered in the GUIDANCE. The FHWA disagrees and institute suggested elevating existing NPA) as note 6 in this final rule. adopts the proposed STANDARD as note 4 (as numbered in the NPA) from u. In Figure 6H–32, a State DOT and note 7 in this final rule to be consistent OPTION to GUIDANCE to recommend a transportation research institute with the STANDARD adopted in that ONE LANE ROAD AHEAD signs be suggested revising the second warning Section 6F.48 Reverse Curve Signs. The used to provide adequate advance sign distance measurements from miles FHWA also adopts in this final rule two warning for this Typical Application. to feet in the figure since the illustration new OPTIONS as notes 8 and 9 that are The FHWA agrees that the signs should does not depict a freeway application identical to adopted OPTIONS in be used in this situation, and in this and the measurements in feet are more Section 6F.48 that describe signs that final rule changes the statement to practical than miles. The FHWA agrees may be used when multiple lanes are GUIDANCE and renumbers the and in this final rule revises Figure 6H– being shifted. A State DOT and a statement as note 8. The FHWA adopts 32 to modify the legend on the second transportation research institute the change for consistency with other warning sign on each approach from suggested adding a new STANDARD Typical Applications that indicate that ‘‘XX MILES’’ to ‘‘XX FT.’’ prohibiting the use of barriers along the the ONE LANE ROAD sign should be v. In Notes for Figure 6H–33, a State shifting taper. The FHWA agrees and used when one lane of a two-lane DOT and a transportation research adopts the recommended STANDARD roadway is closed. The commenters also institute suggested adding a new in the Notes for Figure 6H–36 and in the recommended that the ONE LANE STANDARD requiring arrow boards for Notes for Figure 6H–38 to be consistent ROAD AHEAD sign be added to each each lane of a freeway lane closure. The with the adopted STANDARD in the approach in Figure 6H–27. The FHWA FHWA agrees and adopts in this final Notes for Figure 6H–34. A State DOT agrees and adopts in this final rule the rule a new STANDARD note 6 identical and a transportation research institute suggested revisions to Figure 6H–27. to the adopted language in other Typical suggested revising existing note 12 in r. In Figure 6H–28, a State DOT and Applications involving multi-lane the NPA from OPTION to GUIDANCE to a transportation research institute freeway lane closures (see item 510.z. recommend that trucks should be suggested revising the existing figure to below). directed to use the travel lanes if the replace the symbols for channelization w. In Figure 6H–34, a State DOT and shoulder cannot adequately devices because Type 3 barricades a transportation research institute accommodate trucks. The FHWA agrees should not be used for channelization suggested revising the existing figure to and adopts the suggested revision as between road users and pedestrians. remove the ‘‘(optional)’’ label for the GUIDANCE note 15 in this final rule. The FHWA agrees and adopts a new shoulder taper to comply with An agency can make the determination symbol to represent a longitudinal GUIDANCE note 3 of the Notes for whether or not the shoulder has

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00113 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66842 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

adequate structural capacity to handle GUIDANCE note 7 to recommend that instead adopts information about NIMS/ trucks and that an agency is not being the 2L distance between the end of the ICS in a SUPPORT in paragraph 01. required to alter their procedures with merging taper and beginning of the In the NPA, the FHWA proposed to this GUIDANCE. shifting taper should be extended so expand existing GUIDANCE regarding z. In Notes for Figures 6H–37, 6H–38, that road users can focus on one arrow TTC practices for on-scene responders 6H–39, 6H–42, and 6H–44, the FHWA board at a time if the two arrow boards and add new GUIDANCE regarding TTC proposed in the NPA to add a create confusion. practices for placement of emergency STANDARD note to require that an cc. In Notes for Figure 6H–45, the vehicles. A local DOT agreed with the arrow board be used on all freeway lane NCUTCD suggested adding three proposal. Two State DOTs, a local DOT, closures, and that a separate arrow OPTIONS to allow a work vehicle or ATSSA, and an NCUTCD member board be used for each closed lane when shadow vehicle to be equipped with a suggested revised language, including more than one freeway lane is closed. truck-mounted attenuator, to allow a adding that on-scene responder The FHWA believes that an arrow board longitudinal buffer space to be used to organizations should train their is essential for safety at all lane closures separate opposing vehicular traffic, and personnel in the requirements for traffic on freeways because of the high speeds. to allow the reversible lane to be incident management and revising the A local DOT agreed with the proposed changed between the peak periods of GUIDANCE on positioning of STANDARD. A second local DOT vehicular traffic, to be consistent with emergency vehicles to optimize traffic suggested reducing the statement to Figure 6H–31. The NCUTCD also flow through the incident scene. The GUIDANCE because it might not always suggested a STANDARD requiring arrow FHWA agrees with the comments in be feasible to have an arrow board boards for each lane of a freeway lane part and adopts in this final rule a available depending on the amount of closure, to be consistent with the revised GUIDANCE in paragraph 07 to time the roadway is closed, if it is adopted STANDARD in Figure 6H–37. recommend that on-scene responder scheduled or emergency, and how many The FHWA agrees and adopts the organizations should train their work zones are underway at the same suggested OPTIONS and STANDARD in personnel ‘‘in the requirements for time. The FHWA disagrees because the this final rule. These provisions are traffic incident management contained safety benefit of using an arrow board identical to existing language in the in this Manual’’ and also adopts a on freeway lane closures warrants this Notes for Figures 6H–31 and 6H–37. revised GUIDANCE in paragraph 08 to provision as a STANDARD. The FHWA 511. As discussed previously, the recommend that emergency vehicles be adopts in this final rule the new FHWA proposed in the NPA to safe-positioned such that traffic flow STANDARD note as proposed in the renumber Chapter 6I as Chapter 6H. through the incident scene is optimized. Finally, a State DOT and a local DOT NPA. Based on comments, the FHWA in this aa. In Notes for Figure 6H–37 and recommended deleting the existing final rule decides not to adopt the Notes for Figure 6H–38, a State DOT GUIDANCE of the 15-minute time proposed renumbering of the chapters and a transportation research institute provision for responders arriving on- and therefore retains the same suggested elevating an existing OPTION scene at a traffic incident to estimate the to GUIDANCE to recommend that trucks numbering for these two chapters as in magnitude of the traffic incident, the should be directed to use the travel the 2003 MUTCD. expected time duration of the traffic lanes if the shoulder cannot adequately 512. In Section 6I.01 General, the incident, and the expected vehicle accommodate trucks. The FHWA agrees FHWA proposed in the NPA to add a queue length, and to set up the and adopts the suggested revision in STANDARD that the Incident Command appropriate temporary traffic controls this final rule as GUIDANCE note 6 in System (ICS) as required by the National based on these estimates. The FHWA Notes for Figure 6H–37 and GUIDANCE Incident Management System (NIMS) be agrees that 15 minutes is unrealistic in note 14 in Notes for Figure 6H–38 to be implemented in traffic incident some circumstances and deletes the consistent with the adopted change to management areas. The FHWA phrase ‘‘within 15 minutes of arrival on- Notes for Figure 6H–36 (see item 510.z. proposed including this language scene’’ in this final rule. below). because the Department of Homeland 513. In Section 6I.02 Major Traffic bb. In Notes for Figure 6H–38, a State Security and Presidential Directives Incidents and Section 6I.03 Intermediate DOT and a transportation research (DHSPD) #5 and #8 192 require the Traffic Incidents, the FHWA proposed institute suggested adding a new adoption of the National Incident to revise a GUIDANCE related to when STANDARD to require removing Management System and the Incident flares are used to initiate TTC at traffic existing conflicting pavement markings Command System by all Federal, State, incidents and add a new OPTION and installing temporary markings tribal, and local governments. These two related to the use of light sticks to before traffic patterns are changed. The systems are required for all planned and initiate TTC at traffic incidents. The FHWA agrees and adopts new unplanned incidents in the United FHWA proposed the OPTION to reflect STANDARD note 4 in this final rule for States. Although a local DOT supported the increasingly common use of light consistency with multiple figures in this language, a State DOT and an sticks by emergency responders as a Chapter 6H that show temporary NCUTCD member opposed the more convenient and effective device markings and pavement markings that requirement, stating that the NIMS/ICS than flares. A local DOT agreed with the should be removed for a long-term are not directly related to traffic control proposal. Three State DOTs, ATSSA, project. The commenters also suggested devices, and therefore it is inappropriate and an NCUTCD member recommended elevating OPTION note 7 (as numbered that MUTCD text require their use. The several changes, including rewording in the NPA) to GUIDANCE because of FHWA agrees and does not adopt the the language to remove the word concern about creating driver confusion STANDARD in this final rule, and ‘‘initiate’’ and allowing flares to with two arrow boards that are visible supplement instead of replace at the same time. The FHWA agrees that 192 The Department of Homeland Security and channelizing devices as TTC. The a consistent application of the devices Presidential Directives (DHSPD) #5 and 8 can be FHWA agrees with the comments in viewed at the following Internet Web site addresses: in this Typical Application is needed http://www.whitehouse.gov/news/releases/2003/02/ part and adopts in this final rule a and in this final rule deletes the 20030228–9.html and http://www.whitehouse.gov/ revised GUIDANCE in paragraph 11 of OPTION and replaces it with new news/releases/2003/12/20031217–6.html. Section 6I.02 and paragraph 07 of

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00114 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66843

Section 6I.03 to recommend that ‘‘when Discussion of Amendments to Part 7— signs is only where there are low traffic lights sticks or flares are used to Traffic Controls for School Areas volumes and speeds are 30 mph or lower. Based on a recommendation from establish the initial traffic control at Discussion of Amendments Within Part a State DOT, the FHWA adopts incident scenes, channelizing devices 7—General should be installed as soon thereafter as paragraphs 05 and 06 to provide practical.’’ The FHWA also adopts a 515. As proposed in the NPA, the GUIDANCE and OPTION statements, FHWA deletes in this final rule Sections revised OPTION in each section that respectively, on the use of oversized 7A.05 through 7A.10 of the 2003 follows the GUIDANCE, which allows school signs, for consistency with MUTCD. The subjects of those sections provisions in Part 2 for sizes of light sticks or flares to remain in place are already covered in other parts of the if they are being used to supplement the regulatory and warning signs on Manual. In their place, the FHWA multilane roadways. channelizing devices. adopts paragraph 02 in Section 7A.04, 519. The NCUTCD, a State DOT, and A State DOT recommended revising which provides cross-references to the a school district recommended changes an existing GUIDANCE to also appropriate sections. to the NPA proposed Table 7B–1 to encourage early diversion to an 516. In Chapter 7C Markings, the include three additional plaques that appropriate route as a reason for TTC at FHWA in this final rule deletes the text can be used with school area signs. The a traffic incident. The FHWA agrees that in Sections 7C.02 through 7C.06 of the NCUTCD also recommended that the this is appropriate and highly useful to 2003 MUTCD that was repetitive of minimum sign sizes for multi-lane road users and adds ‘‘to encourage early comparable sections in Chapter 3B, and conventional roads be based on the diversion to an appropriate alternate instead adopts references to the Conventional Road sign size. The appropriate sections in Chapter 3B. As route’’ as a reason for TTC at a traffic FHWA agrees with the comments and a result, the FHWA adopts Chapter 7C incident to paragraph 07 in Section adopts in this final rule the with only three sections, Section 7C.01 6I.02 and paragraph 03 in Section 6I.03 recommended changes to Table 7B–1 for Functions and Limitations, Section consistency with Part 2 provisions. in this final rule. 7C.02 Crosswalk Markings, and Section 520. In Section 7B.03 Position of 514. The NCUTCD, ATSSA, two State 7C.03 Pavement Word, Symbol, and Signs, the NCUTCD, a State DOT, and DOTs, a local DOT, and an NCUTCD Arrow Markings. an NCUTCD member recommended the member suggested that FHWA include Discussion of Amendments Within Part deletion of existing text that was a Typical Incident Management 7—Specific repeat of information in Part 2. The Application (TIMA) illustrations in FHWA agrees and in this final rule Chapter 6I, similar to those provided in 517. In the NPA, the FHWA proposed deletes the GUIDANCE and OPTION Chapter 6H for TTC. The FHWA did not to move all of the information from statements of the 2003 MUTCD. The Chapter 7F Grade-Separated Crossings propose including TIMAs in the NPA. FHWA also adopts two SUPPORT in the 2003 MUTCD to a new section The commenters recommended that the statements that reference sections in numbered and titled Section 7A.05 illustrations, which were developed Chapter 2A for information regarding Grade-Separated School Crossings. The the placement and location of signs. As with input from the National Traffic proposed section contained a SUPPORT Incident Management Coalition, proposed in the NPA, the FHWA adopts statement regarding the use of grade- an OPTION that states that in-roadway AASHTO, and ATSSA, under the separated crossings for school signs for school traffic control areas may oversight of the NCUTCD, be included pedestrian traffic. A local DOT agreed be used consistent with the requirement because many incident management with the proposal. The NCUTCD, a State of Sections 2B.12, 7B.08, and 7B.12. responders are already using parts of the DOT, and an NCUTCD member 521. In Section 7B.07 Sign Color for TIMAs, and these illustrations should disagreed with the proposed section School Warning Signs, the FHWA be made available to all incident because it did not address traffic control proposed in the NPA to require, instead management responders. The devices. A local DOT opposed the listed of merely allow, the use of fluorescent International Association of Police preference of overpasses to underpasses yellow-green as the background color Chiefs and a local police department for grade-separated school crossings. for all school warning signs and submitted letters opposing placing The FHWA agrees that grade-separated plaques. A State DOT, ATSSA, and a TIMAs in the MUTCD, because they felt school crossings are not traffic control local DOT agreed with the proposal. that the TIMAs should be used devices and in this final rule does not Four State DOTs, a local DOT, two voluntarily, rather than included in the adopt Section 7A.05 as proposed in the NCUTCD members, and a citizen MUTCD where they conceivably could NPA. The FHWA also removes Chapter opposed the required use of fluorescent be interpreted as standards, rather than 7F, as numbered in the 2003 MUTCD, yellow-green and recommended that the practices. The FHWA agrees that from the Manual and removes the fluorescent yellow-green color be an requiring these specific TIMAs for reference to grade-separated crossings OPTION or GUIDANCE because of the incidents, which are, by nature, unique, from STANDARD paragraph 01 in increased cost over the yellow background and a lack of research could have significant negative Section 7A.04. 518. In Section 7B.01 Size of School showing additional benefit. The FHWA consequences. The FHWA and Signs, the FHWA proposed in the NPA proposed these changes because the use practitioners need to educate and to revise the STANDARD in paragraph of fluorescent yellow-green has become partner with law enforcement to achieve 03 to require that speeds be less than 35 the predominant practice in most the goal of increasing the appropriate mph in order to use the minimum sign jurisdictions. Fluorescent yellow-green use of the typical applications, rather sizes. The NCUTCD, two State DOTs, provides enhanced conspicuity for these than establishing requirements at this and a local DOT commented on the critical signs, especially in dusk and time without having a clear proposed wording of the STANDARD. dawn periods, and the FHWA believes understanding of all of the issues The FHWA in this final rule adopts a that uniform use of this background involved. revised paragraph 03 based on the color for all school warning signs and comments, to clarify that the application plaques will enhance safety and road of the minimum sizes to the identified user recognition. Consistent with Part 2

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00115 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66844 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

as adopted in this final rule, the FHWA The FHWA also adopts a new plaque, DOTs recommended that language be adopts the required use of fluorescent ‘‘ALL YEAR’’ (S4–7P) that may be used added to prohibit the use of the School yellow-green for school warning signs to supplement the School Zone Sign Crossing assembly at signalized and plaques as proposed in the NPA. (S1–1), based on comments from an intersections. The FHWA notes that the 522. As proposed in the NPA, the NCUTCD member. The FHWA adopts School Crossing assembly is still FHWA in this final rule adopts a new paragraph 03 in Section 7B.09 to allowed at school crossings, including section numbered and titled Section describe the optional use and modifies those that are signal controlled, but is 7B.08 School Sign and Plaques, which Figure 7B–1 and Table 7B–1 to include not allowed on stop or yield controlled replaces 2003 MUTCD Section 7B.08 the new plaque. approaches. The FHWA adopts in this School Advance Warning Assembly. A 524. The FHWA in this final rule final rule the language as proposed in local DOT opposed the introduction of adopts a new section numbered and the NPA. the term ‘‘school area’’ proposed in the titled Section 7B.10 Higher Fines Zone A local DOT recommended that the NPA because it could lead to confusion. Signs and Plaques, and relocates to this School Crossing assembly be prohibited A local school district requested section applicable information that was on approaches controlled by a YIELD clarification on the use of signs in proposed in the NPA for Section 7B.09 sign in addition to those controlled by school areas versus school zones. A School Area or School Zone Sign and a STOP sign. The FHWA agrees that this State DOT and a local DOT Section 7B.16 END SCHOOL ZONE is necessary to provide consistency with recommended changes to the proposed Sign. The FHWA also adopts the BEGIN the final rule for STOP and YIELD sign list of applications for the School Sign. HIGHER FINES ZONE (R2–10) sign, applications in Section 2B.04 Right-of- Based on the comments, and in concert END HIGHER FINES ZONE (R2–11) Way at Intersections. Accordingly, the with the adopted definition of ‘‘school sign, and FINES HIGHER (R2–6P) FHWA adopts in this final rule a zone’’ as discussed in Section 1A.13, the plaque and incorporates these signs into modified paragraph 03 to prohibit the FHWA adopts an expanded paragraph Figure 7B–1 and Table 7B–1. School Crossing assembly on To illustrate the use of the signs in 02 to clarify the four specific approaches controlled by a STOP or Section 7B.10, the FHWA in this final applications of the School Sign (S1–1) YIELD sign. rule revises the title of Figure 7B–2, as 528. In Section 7B.13 School Bus Stop (School Area, School Zone, School proposed in the NPA, to ‘‘Example of Ahead Sign (numbered Section 7B.12 in Advance Crossing, and School Crossing) Signing for a Higher Fines School Zone the NPA), the FHWA proposed in the in order to provide flexibility to States without a School Crossing’’ and adopts NPA to revise the GUIDANCE statement and local governments in applying a new figure, numbered and titled by removing the specific distance of 500 standard school signing in accordance ‘‘Figure 7B–5 Example of Signing for a feet that a stopped school bus should be with their State laws and local Higher Fines School Zone with a School visible to road users, and in its place ordinances. For consistency with the Speed Limit.’’ proposed inserting a reference to adopted OPTION described in item 523 525. The FHWA in this final rule distances given in Table 2C–4. A State below, the FHWA also adopts paragraph revises the title of Figure 7B–3 to DOT and two local DOTs agreed with 03 in this final rule which allows the ‘‘Example of Signing for a School the proposal. The NCUTCD, a local use of a School sign with a Crossing Outside of a School Zone’’ and DOT, and a consultant opposed the supplemental arrow plaque to be Figure 7B–4 to ‘‘Example of Signing for reference to Table 2C–4. The FHWA provided on a cross street in close a School Zone with a School Speed agrees with the NCUTCD that using proximity to the intersection within a Limit and a School Crossing.’’ The Table 2C–4 is unnecessary for this school area. NCUTCD and a State DOT particular sign because the visibility of 523. The FHWA in this final rule recommended the changes to the titles the high mounted red flashers located at adopts a new section numbered and for clarification and the FHWA agrees. the top of the rear of the school bus are titled Section 7B.09 School Zone Sign The FHWA also makes editorial changes much more readily visible for the and Plaques and END SCHOOL ZONE to the NPA proposed figures based on School Bus Stop Ahead (S3–1) sign than Sign. The FHWA in the NPA proposed recommendations from several for a bus with no flashers activated for language permitting the use of a commenters. the SCHOOL BUS TURN AHEAD (S3– supplemental arrow plaque on a School 526. In Section 7B.11 School Advance 2) sign. The FHWA in this final rule (S1–1) sign at locations where a school Crossing Assembly (numbered Section adopts a modified paragraph 01 to zone is located on a cross street less 7B.10 in the NPA) the FHWA in this recommend the use of the School Bus than 125 feet from the edge of a street final rule adopts revisions to the section Stop Ahead sign when a stopped school or highway. The FHWA proposed the proposed in the NPA. Consistent with a bus is not visible to road users for ‘‘an change to provide jurisdictions with similar change discussed in item 523 adequate distance.’’ flexibility for installing signs where above, the FHWA adopts a modified The FHWA proposed in the NPA to there is not sufficient distance for paragraph 04 to allow the use of the replace the existing School Bus Stop advance signing. A local DOT agreed School Advance Crossing assembly on a Ahead (S3–1) word message sign with a with the proposal. The NCUTCD agreed street when a school crosswalk is symbol sign as shown in Figure 7B–1. with the proposal, but recommended located on the cross street in close The FHWA proposed this new sign that a specific maximum distance be proximity to an intersection. based on positive experiences in West removed from the statement. The FHWA 527. In Section 7B.12 School Crossing Virginia, where a symbol sign for this agrees with the NCUTCD and in this Assembly (numbered Section 7B.11 in message has been used for 25 to 30 final rule adopts a modified paragraph the NPA), the FHWA proposed in the years 193 and in Canada, where it has 05 to allow the use of the School sign NPA to remove a statement with a supplemental arrow plaque on a recommending the School Crossing 193 For additional information on West Virginia’s cross street ‘‘in close proximity to the assembly at marked crosswalks successful experience with this symbol sign, intersection.’’ The FHWA also modifies including signalized locations. A local contact Mr. Ray Lewis, Staff Engineer—Traffic Research and Special Projects Traffic Engineering Figure 7B–3 to demonstrate typical school district opposed the revision and Division, West Virginia DOT, Division of Highways, cross street signage for a School Zone requested that the signs still be allowed phone: 304–558–8912, e-mail: sign with a supplemental arrow plaque. at signalized intersections. Two State [email protected].

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00116 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66845

also been used since the 1970s. The in the NPA.) This new section contains requiring the use of the School sign in FHWA proposed to use a symbol that is the NPA proposed OPTION statement advance of a reduced speed zone for a similar to the Canadian MUTCD 194 about the use of this new sign that can school area. The FHWA also clarifies standard WC–9 symbol. The proposed be installed in advance of locations the application of higher fines zones in symbol featured a school bus with a where there is a school bus turn around school speed limit zones by adding depiction of red flashing lights, a bus- on a roadway at a location not visible paragraph 03 that is consistent with the mounted STOP sign, and students to approaching users for a distance as adopted Chapter 2B. getting on or off the bus. ATSSA and a determined in Table 2C–4. The Numerous agencies opposed the local DOT agreed with the proposal. A NCUTCD, three State DOTs, and a local proposed requirement (in Section 7B.16 State DOT recommended changing the DOT agreed with the proposal, but of the NPA) to clarify that the end of a symbols of the children to be consistent recommended changes to the proposed designated school zone shall be marked with the symbols of children used in the language, including the reference to with both an END SCHOOL ZONE sign School (S1–1) sign and the FHWA Table 2C–4. A local DOT opposed the and a Speed Limit sign for the section agrees. The NCUTCD, two State DOTs, section and questioned the need for the of highway that follows. The FHWA in and a citizen agreed with the proposal, proposed sign. A State DOT, a local this final rule retains the requirement but recommended various changes in DOT, and a consultant opposed the use but relocates it to Section 7B.15. It is the design of the sign. The FHWA of Table 2C–4. The FHWA disagrees important and sometimes legally declines to incorporate the commenters’ with the objection to the use of Table necessary to mark the end points of recommended changes, because a recent 2C–4 and notes that Condition B does designated school zones. The use of a human factors evaluation 195 of the provide adequate stopping distances, Speed Limit sign showing the speed symbol proposed in the NPA along with especially considering that a school bus limit for the following section of three alternative symbol designs and the is a taller vehicle that can be seen for highway is required by existing current word version warning sign a greater distance away than a normal language in Section 2B.13. In response found that the understanding of the passenger vehicle. The FHWA adopts to comments, the FHWA also adds an meaning of the symbol design as the language as proposed in the NPA. OPTION statement to provide flexibility proposed in the NPA was equal to that The FHWA illustrated the proposed in mounting the END SCHOOL ZONE of two alternative symbol designs tested. new sign, SCHOOL BUS TURN AHEAD sign when a Speed Limit sign or END The study also found that the NPA (S3–2), in Figure 7B–1 of the NPA. HIGHER FINES sign is also required at symbol design has a greater legibility ATSSA and a local DOT agreed with the the same location. distance than the other symbol proposed sign. A State DOT opposed the Two State DOTs and a consultant alternatives evaluated and equal proposed sign. Four State DOTs, three opposed the existing GUIDANCE that legibility distance to the existing word local DOTs, and two citizens the reduced speed zone should begin version design. Seven State DOTs, six recommended modifications to the either 200 feet from the crosswalk or local DOTs, an NCUTCD member, and proposed sign, including changing the 100 feet from the school property line. a citizen opposed the proposed symbol name of the sign to ‘‘SCHOOL BUS The FHWA in this final rule revises sign, primarily because of anticipated TURN AROUND’’ and changing the paragraph 07 to recommend that the confusion over the symbolic color to yellow instead of fluorescent beginning point of a reduced school representation. The FHWA disagrees yellow-green. The FHWA disagrees with speed limit zone should be at least 200 with the comments and adopts in this the proposed changes and adopts the feet in advance of the school grounds, final rule the sign as proposed in the new sign as proposed in the NPA. This a school crossing, or other school NPA but with a minor adjustment to the new sign provides a standard sign for related activities. The FHWA also symbols of children to make them applications that fit this need, with a recommends that the 200-foot distance consistent with those in the S1–1 sign. legend that is appropriate for the should be increased where the school As noted above, the study found that the condition. speed limit is 30 mph or higher. These symbol sign was clearly understood by 530. In Section 7B.15 (numbered changes are based on recently published the vast majority of the test subjects. Section 7B.14 in the NPA), the FHWA research196 by the Texas Transportation The FHWA believes that the changes the title to ‘‘School Speed Limit Institute concerning speeds in school replacement of selected word message Assembly and END SCHOOL SPEED zones. The FHWA notes that the signs with well-designed symbol signs LIMIT Sign’’ in this final rule to reflect distances are recommendations that can will improve safety in view of the addition of a new sign, END be adjusted based on State law and local increasing globalization and the number SCHOOL SPEED LIMIT (S5–3), which is ordinances. of non-English speaking road users in illustrated in Figure 7B–1. The FHWA The FHWA also proposed in the NPA the United States. adopts this sign, which clarifies the to require, rather than merely permit, 529. The FHWA adopts in this final location that a reduced speed limit for fluorescent yellow-green pixels to be rule a new section numbered and titled a school zone is concluded, consistent used when the ‘‘SCHOOL’’ message is Section 7B.14 SCHOOL BUS TURN with comparable provisions for other displayed on a changeable message sign AHEAD Sign (numbered Section 7B.13 reduced speed limits in Chapter 2B. for a school speed limit. Two State The FHWA in this final rule relocates DOTs and two local DOTs 194 The Manual of Uniform Traffic Control one of the STANDARD statements recommended the statement be changed Devices for Canada, 4th Edition, is available for proposed in the NPA from Section to GUIDANCE. Three State DOTs and purchase from the Transportation Association of 7B.09 to Section 7B.15 because the three traffic control device Canada, 2323 St. Laurent Boulevard, Ottawa, content regarding reduced speed zones manufacturers opposed the proposal Ontario K1G 4J8 Canada, Web site http://www.tac- atc.ca. is more appropriate in that section. A and recommended the statement remain 195 ‘‘Design and Evaluations of Symbol Signs,’’ local DOT supported the NPA proposal as an OPTION because the requirement Final Report, May, 2008, conducted by Bryan Katz, to require the use of the School (S1–1) Gene Hawkins, Jason Kennedy, and Heather Rigdon sign in advance of a reduced speed zone 196 ‘‘Speeds in School Zones,’’ Report number Howard, for the Traffic Control Devices Pooled for a school area, while a different local FHWA/TX–09/0–5470–1, February, 2009, by Kay Fund Study, can be viewed at the following Internet Fitzpatrick, et al., Texas Transportation Institute, Web site: http://www.pooledfund.org/documents/ DOT opposed the proposal. The FHWA can be viewed at the following Internet Web site: TPF-5_065/symbol_sign_report_final.pdf. adopts in this final rule paragraph 02 http://tti.tamu.edu/documents/0-5470-1.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00117 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66846 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

will make obsolete many of the existing in this case. The NCUTCD substantive revisions to the language. changeable message signs. The FHWA recommended adding ‘‘or other The FHWA adopts the text as proposed disagrees with the commenters and appropriate measures’’ in addition to in the NPA. The FHWA might consider notes that the fluorescent yellow-green implementing parking prohibitions to the suggested revisions in a future color is required for consistency with provide adequate visibility of students. rulemaking. the general requirements for colors used The FHWA agrees and adopts in this 537. In Section 7D.04 Uniform of on changeable message signs in final rule a modified paragraph 03 as Adult Crossing Guards, the FHWA Chapters 2A and 2L and for school area GUIDANCE. adopts in this final rule a revised warning signs in Section 7B.07. The Two local DOTs opposed the NPA paragraph 01 to reflect that law STANDARD is adopted in this final rule proposal to change the word enforcement officers performing school as proposed in the NPA. ‘‘pedestrian’’ to ‘‘student’’ when crossing supervision shall use high- The NCUTCD and a State DOT discussing conflicting movements with visibility safety apparel labeled as ANSI recommended removal of the existing motorists and bicyclists. The 107–2004. This change incorporates into OPTION statement that allows the use commenters noted that students are not the MUTCD the provisions of 23 CFR of the signal indications of the Speed the only people to use a crosswalk. The part 634 that were published in the Limit Sign Beacon to be positioned FHWA disagrees with the comment Federal Register on November 24, within the face of the School Speed because the crosswalk markings 2006.198 The NCUTCD and a State DOT Limit (S5–1) sign. This statement discussed in Part 7 are for school recommended editorial changes to the mirrors a similar OPTION in Section crossings. The FHWA adopts in this proposed statement and the FHWA 4L.04 Speed Limit Sign Beacon. This final rule the change as proposed in the agrees and adopts a revised sign is the only instance where beacons NPA. STANDARD. The FHWA establishes a are allowed within a sign face. Under 534. The FHWA in this final rule target compliance date of December 31, certain light and weather conditions, the removes Chapter 7D Signals of the 2003 2011 (approximately two years from the flashing beacon causes halation that MUTCD, because it is a small chapter effective date of this final rule) for adult obscures the sign message. The FHWA whose only purpose was to provide crossing guard apparel on non-Federal- agrees that this is an obsolete practice references to Part 4 and Section 4C.06. aid highways. Required compliance of but declines to remove the option at this The FHWA incorporates the references apparel for workers, including law time. The FHWA might consider this for in Section 7A.04 instead. enforcement officers, on Federal-aid a future rulemaking. However, the 535. In the NPA, the FHWA proposed highways has been in effect since FHWA removes the OPTION from to delete the information pertaining to November 24, 2008, pursuant to 23 CFR Section 7B.15 and instead provides a student patrols from the MUTCD except part 634. cross-reference to Section 4L.04 in this for a SUPPORT statement in Section 538. In Section 7D.05 Operating final rule. 7D.01 Types of Crossing Supervision, Procedures for Adult Crossing Guards, 531. The FHWA does not adopt which acknowledged the use of student the FHWA proposed in the NPA to Section 7B.16 END SCHOOL ZONE Sign patrols and referenced the ‘‘AAA School require, rather than recommend, that that was proposed in the NPA, but Safety Patrol Operations Manual.’’ 197 adult crossing guards shall not direct maintains the existing END SCHOOL Two State DOTs and a local DOT traffic but rather select opportune times ZONE Sign (S5–2) and requirements for opposed the deletion of all the material to create a sufficient gap in the traffic its use, as discussed above in Section on student patrols. The FHWA disagrees flow and stand in the roadway to 7B.15. with the commenters. The FHWA indicate that pedestrians are about to 532. In Section 7B.16 (Section 7B.15 believes that student patrols do not use or are using the crosswalk and that in the NPA) Reduced School Speed control vehicular traffic and provisions all vehicular traffic must stop. Two Limit Ahead Sign, in this final rule the relating to student patrols are not State DOTs, a local DOT, and an FHWA revises the OPTION statement to appropriate for the MUTCD. The FHWA NCUTCD member opposed the a GUIDANCE statement to recommend, in this final rule removes the mention proposed change because they believe rather than merely allow, the use of this of student patrols in Section 7D.04. The that adult crossing guards do have some sign where the speed limit is being FHWA also removes Sections 7E.07, traffic control powers and the new reduced by more than 10 mph, or where 7E.08, and 7E.09 that were in the 2003 language could increase the likelihood engineering judgment indicates that MUTCD because these sections of litigation. The FHWA disagrees with advance notice would be appropriate. pertained to student patrols, and the commenters because the laws of The FHWA makes this change for removes the reference to student patrols many States do not grant police power consistency with similar GUIDANCE for from STANDARD paragraph 01 in to direct traffic to school crossing advance warning of other reduced speed Section 7A.04. guards. Because the safety of school limits as adopted in Sections 2B.13 and 536. In Section 7D.03 Qualifications children is paramount, it is important 2C.38 of Adult Crossing Guards, the FHWA that adult crossing guards follow 533. In Section 7C.02 Crosswalk proposed in the NPA to revise the specific requirements when controlling Markings (numbered Section 7C.03 in GUIDANCE statement to indicate that traffic for the purpose of assisting the NPA), the FHWA proposed in the the list represents the minimum schoolchildren, to minimize the NPA to add a GUIDANCE statement qualifications of adult crossing guards. exposure of schoolchildren to vehicles recommending that warning signs be The FHWA proposed three additional that fail to stop. Therefore, the FHWA installed for marked crosswalks at qualifications (items C, D, and E in adopts in this final rule paragraph 01 as nonintersection locations, and that paragraph 02) that are similar to proposed in the NPA. adequate visibility for students be applicable provisions in Section 6E.01 provided by implementing parking for flaggers. Three State DOTs and an 198 The Federal Register Notice was published in prohibitions. A State DOT NCUTCD member recommended the Federal Register on November 24, 2006 recommended changing the statement to (Volume 71, Number 226, Pages 67792–67800) and can be viewed at the following Internet Web site: a STANDARD. The FHWA disagrees 197 This 2004 publication can be viewed at the http://frwebgate.access.gpo.gov/cgi-bin/ because some flexibility is needed and following Internet Web site: http://www.aaa.com/ getdoc.cgi?dbname=2006_register&docid=E6- mandatory language is not appropriate aaa/049/PublicAffairs/SSPManual.pdf. 19910.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00118 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66847

In addition, the FHWA proposed to adopts the definition as proposed in the horn system and the FHWA adopts the require, rather than recommend, that NPA and relocates it to Section 1A.13. NCUTCD suggested revisions to the adult crossing guards use a STOP The FHWA received comments proposed definition in the NPA in this paddle. A State DOT opposed the suggesting removing the ‘‘Diagnostic final rule. change because it would prohibit the Team’’ definition and the use of the The NCUTCD also suggested adding use of flags. The FHWA adopts the term ‘‘diagnostic team’’ from the new definitions for ‘‘Entrance Gate’’ and change to paragraph 02 as proposed in MUTCD because it may inadvertently ‘‘Exit Gate.’’ The FHWA agrees because the NPA to increase the level of increase the scope of the MUTCD and the suggested new definitions clarify consistency for motorists approaching this term is provided in other reference existing terms used in the MUTCD and school crosswalks. materials. The FHWA agrees and deletes adds the new definitions recommended the proposed ‘‘Diagnostic Team’’ by the NCUTCD in Section 1A.13 with Discussion of Amendments to Part 8— definition and deletes the use of editorial revisions. Traffic Controls for Railroad and Light ‘‘diagnostic team’’ in the various places The NCUTCD and a State railroad Rail Transit (LRT) Grade Crossings that it had been proposed to be added operator suggested adding a new 539. Although it was not proposed in in Part 8. definition for ‘‘Swing Gate’’ since it is the NPA, the FHWA relocates the A State DOT also suggested removing mentioned in several locations in the information contained in Part 10 of the the terms ‘‘train whistle,’’ ‘‘locomotive MUTCD. The FHWA disagrees because 2003 MUTCD and the revisions thereto whistle,’’ and ‘‘train horn’’ from the Section 8C.13 already covers the proposed in the NPA and editorially NPA proposed ‘‘Locomotive Horn’’ characteristics of a swing gate and combines it with Part 8 into the retitled definition to promote uniformity. The adding a definition would be repetitive Part 8 Traffic Control for Railroad and FHWA agrees that the terms should not and unnecessary. Light Rail Transit (LRT) Grade be used interchangeably in the MUTCD. 541. In Section 8A.02, Use of Crossings. The FHWA combines the The FHWA believes that the most Standard Devices, Systems, and information because of the similarities appropriate term to consistently use in Practices at Highway-Rail Grade between the topics, to reduce the the MUTCD is ‘‘locomotive horn’’ to be Crossings, a State DOT opposed the amount of redundant material and consistent with Federal Railroad NPA proposed revisions to the cross-referencing, and based on Administration (FRA) terminology, and GUIDANCE because the term ‘‘road comments received by a State DOT and the FHWA adopts the use of that term user’’ gives too much weight to an NCUTCD member. In most cases in this final rule. pedestrians and the commenter believes Parts 8 and 10 of the 2003 MUTCD and An NCUTCD member suggested that pedestrians should not be in the the proposed revisions to those Parts in revising the existing ‘‘pre-signal’’ road. The FHWA disagrees because the the NPA contained virtually identical definition to clarify that supplemental devices described in Part 8 also control provisions. In combining the two Parts, near-side traffic control signal faces for pedestrians and bicyclists, so ‘‘road the FHWA identifies all provisions from the highway-highway intersection are user’’ is the appropriate term and former Part 10 that are specifically not considered pre-signals and that pre- therefore in this final rule adopts the applicable only to light-rail transit grade signals are typically used where the language as proposed in the NPA. crossings, identifies all provisions that clear storage distance is insufficient to 542. The FHWA relocates Section are specifically applicable only to store one or more design vehicles. The 10A.02 of the 2003 MUTCD, with railroad grade crossings, and uses the FHWA agrees and adopts the definition revisions as proposed in the NPA, to generic term ‘‘grade crossing’’ for as suggested by the commenter with new Section 8A.03 Use of Standard provisions that are applicable to both editorial revisions in this final rule. Devices, Systems, and Practices at railroad grade crossings and light-rail A State railroad operator suggested Highway-LRT Grade Crossings in this grade crossings. The FHWA also adopts revising the existing ‘‘Vehicle Intrusion final rule. This new section contains ‘‘LRT’’ as a new abbreviation for light- Detection Devices’’ definition to replace provisions specifically applicable only rail transit since this is a common ‘‘Intrusion’’ with ‘‘Presence’’ because to light-rail grade crossings. industry abbreviation and it will reduce the highway industry typically refers to 543. In Section 8A.04, Uniform the amount of text in the MUTCD. devices that detect automobiles along Provisions (Section 8A.03 in the 2003 540. In Section 8A.01 Introduction, in the roadways as vehicle presence MUTCD), a State DOT suggested this final rule the FHWA relocates light- detectors. The FHWA notes that the revising the existing 2nd STANDARD rail transit grade crossing information term is used only once in the MUTCD statement to remove a conflict with contained in Section 10A.01 in the 2003 and therefore a definition is not needed. AASHTO guidance on crash cushions. MUTCD to Section 8A.01 with revisions The FHWA deletes the existing The commenter notes that when placing to the language as proposed in the NPA. definition and relocates the elements of a crash cushion in front of the sign or The FHWA also adds definitions of the definition to the text in Section signal, AASHTO recommends that there various terms as proposed in the NPA 8C.06. not be a curb in front of the crash for Sections 8A.01 and 10A.01, but A State DOT opposed the proposed cushion for high speeds. The relocates them to Section 1A.13, as new ‘‘Wayside Horn’’ definition in the commenter suggested changing the previously discussed. NPA because it is not beneficial for language to require either a raised island A State DOT suggested revising the motorists, only for pedestrians. The or a crash cushion to protect a center proposed ‘‘Constant Warning Time FHWA disagrees because the horns can mounted sign or signal. The FHWA Train Detection’’ definition to add be made loud enough to be heard by agrees and adopts the suggested revision ‘‘track circuitry’’ and ‘‘determines the occupants of motor vehicles. The to the existing provision in this final time of arrival of a train at a crossing’’ NCUTCD suggested revising the rule. This revision provides agencies and suggested other editorial revisions. proposed ‘‘Wayside Horn’’ definition by with more flexibility in the placement of The FHWA disagrees because the replacing the term ‘‘oncoming motorist’’ signs and signals and provides suggested language does not include with ‘‘road users’’ and to include the consistency with AASHTO guidance. important elements including ‘‘uniform whole wayside horn system, not just the 544. The FHWA adopts a new Section waiting time’’ and ‘‘not accelerating or horns. The FWHA agrees because the 8A.06 Illumination at Grade Crossings decelerating’’ and therefore the FHWA wayside horns are a part of the wayside (section 8A.05 in the NPA) containing

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00119 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66848 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

information previously included in Zone treatments at light-rail transit requirement when just the Crossbuck Chapter 8C of the 2003 MUTCD in this grade crossings, comparable to that sign is present at passive crossings. final rule. The FHWA adopts the text in proposed in Part 8 for railroad grade A local DOT and ATSSA agreed with this section as SUPPORT statements as crossings. The NCUTCD and a State the proposed new STANDARD proposed in the NPA because railroad operator opposed the new requiring a STOP or YIELD sign. The illumination is not a traffic control language because Quiet Zones do not NCUTCD also agreed and suggested device and thus should not be regulated apply to light rail transit crossings in the revising the exception for situations by GUIDANCE and OPTION statements. FRA regulations. The FHWA agrees ‘‘where an authorized person on the The FHWA believes that adequate and with the commenters and in this final ground directs road users not to enter appropriate guidance on illumination of rule deletes the language that was the crossing prior to a train occupying highway-rail grade crossings is readily proposed in Chapter 10E in the NPA. the crossing.’’ A State DOT suggested available from other sources, such as the deleting the exception. The FHWA ANSI’s Practice for Roadway Lighting 546. In Section 8A.08 (Section 8A.05 disagrees with deleting the exception RP–8, available from the Illuminating in the 2003 MUTCD), Temporary Traffic because there is no need for the Engineering Society of North Control Zones, a State railroad operator additional YIELD or STOP sign at a America.199 The NCUTCD and two State suggested adding a new cross reference crossing where road users are always DOTs agreed and suggested editorial to Figure 6H–46, which shows an given clear instructions as to when it is text revisions for clarification. The example of a temporary traffic control not safe to cross the track. Nine State FHWA adopts the language as proposed zone at a highway-rail grade crossing. DOTs, 12 local agencies, 3 associations, in the NPA with editorial revisions Although not proposed in the NPA, the the University of Kansas, an NCUTCD recommended by the commenters. FHWA agrees and in this final rule member, a former NCUTCD member, 545. The FHWA adopts a new Section adopts the suggested change as a and 3 consultants opposed the proposed 8A.07 (Chapter 8D in the NPA) Quiet SUPPORT statement that also clarifies new STANDARD because of concerns Zone Treatments at Highway-Rail Grade that the example is only one of many that the STOP or YIELD signs will be Crossings. The FHWA adopts the situations that might be encountered. redundant to the Crossbuck regulatory contents of NPA proposed Chapter 8D The FHWA also combines information sign and will result in confusion about in a new Section 8A.07 based on contained in Section 10A.05 in the 2003 the installation and maintenance recommendations from a State DOT and MUTCD into Section 8A.08 in this final responsibilities between agencies and a city. The purpose of this new section rule, with editorial revisions to the railroad companies, sign clutter, is to add language to support and language as proposed in the NPA. potential for increased rear-end crashes, directly refer to regulations adopted by the adoption in most crossings of a 547. The FHWA adopts several NPA STOP sign instead of YIELD, lack of Federal Railroad Administration proposed changes throughout Chapter regarding quiet zones established in respect for the new signs by drivers, and 8B Signs and Markings in this final rule, additional expense for sign installation. conjunction with restrictions on to require the installation of a YIELD locomotive horns at certain highway-rail The commenters also indicated the lack 200 sign or STOP sign at all passive of field research studies supporting the grade crossings (49 CFR part 222). highway-rail grade crossings. The The NCUTCD, two State DOTs, a adoption of these signs. Several of the FHWA adopts this change to railroad operator, an NCUTCD member, commenters suggested retaining the incorporate information into the and a vendor opposed the proposed 2003 MUTCD text or making the MUTCD from FHWA’s Policy language because they believe it fails to proposed STANDARD statement an Memorandum, ‘‘Guidance for Use of provide the guidance necessary to OPTION. The FHWA responds to the YIELD or STOP Signs with the implement the installation of required commenters by noting that the Crossbuck Sign at Passive Highway-Rail requirement of a YIELD or STOP sign in traffic control devices in quiet zones. 201 The NCUTCD suggested including new Grade Crossings,’’ dated March 17, conjunction with the Crossbuck sign at STANDARD, GUIDANCE, and 2006. The FHWA adopts the language as passive grade crossings resulted from 203 SUPPORT text. The FHWA disagrees a STANDARD in the MUTCD to require, research that showed that road users because there has been no confusion on rather than merely recommend as in the do not fully comprehend the message the part of practitioners on how to Policy Memorandum, the use of YIELD being communicated by a Crossbuck install the traffic control devices for or STOP signs in conjunction with the sign alone. The same Crossbuck sign is quiet zones, even though the FRA Crossbuck sign at all passive crossings. used at active and passive grade regulation has been in effect for three While the Crossbuck sign is in fact a crossings. At active grade crossings, years without any specific treatments or regulatory sign that requires vehicles to road users perceive the Crossbuck sign procedures specified in the MUTCD. yield to trains and stop if necessary, to be marking the location of the grade Provisions regarding the traffic control recent research 202 indicates insufficient crossing and the gates and lights as the devices that might be used in a quiet road user understanding of and traffic control devices that control their zone have been available in the 2003 compliance with that regulatory actions. At passive grade crossings, road MUTCD without any advice on how to users sometimes think that the specifically apply these in a quiet zone. 201 FHWA’s Policy Memorandum, ‘‘Guidance for Crossbuck sign merely marks the In the NPA, the FHWA proposed Use of YIELD or STOP Signs with the Crossbuck location of the grade crossing, when in language in Chapter 10E regarding Quiet Sign at Passive Highway-Rail Grade Crossings,’’ fact it also needs to convey the dated March 17, 2006, can be viewed at the regulatory message of ‘‘yield to trains.’’ following Internet Web site: http:// 199 Information on obtaining this publication can mutcd.fhwa.dot.gov/resources/policy/ Furthermore, the Crossbuck sign design, be viewed on the following Internet Web site: yieldstop_guidememo/yieldstop_policy.htm. https://www.iesna.org/. 202 National Cooperative Highway Research 203 National Cooperative Highway Research 200 The Federal Register Notice was published on Report 470 titled ‘‘Traffic Control Devices for Report 470 titled ‘‘Traffic Control Devices for December 18, 2003 (Volume 68, Number 243, Page Passive Railroad-Highway Grade Crossings,’’ Passive Railroad-Highway Grade Crossings,’’ 70586–70687) and can be viewed at the following Transportation Research Board, 2002, can be Transportation Research Board, 2002, can be Internet Web site: http://www.fra.dot.gov/ viewed at the following Internet Web site: http:// viewed at the following Internet Web site: http:// downloads/Safety/train_horn_rule/fed_reg_ onlinepubs.trb.org/onlinepubs/nchrp/ onlinepubs.trb.org/onlinepubs/nchrp/ trainhorns_final.pdf. nchrp_rpt_470-a.pdf. nchrp_rpt_470-a.pdf.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00120 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66849

although unique in shape, does not crossings, especially during nighttime does not adopt the proposed OPTION in always sufficiently attract the attention hours. Because the new requirements this final rule, in order to promote of road users, especially at night and involve conducting engineering studies uniformity. when they are turning onto the grade and installing signs that do not Two State DOTs suggested revising crossing from a street that is parallel to currently exist at existing grade the proposed SUPPORT statement to the track. The use of a YIELD sign (and crossings, the FHWA believes that note that the Crossbuck sign functions occasionally a STOP sign when justified relying on the systematic upgrading similar to a YIELD sign. The FHWA by an engineering study) can improve processes that highway agencies agrees and in this final rule adopts the the safety of passive grade crossings typically use to replace existing signs at revisions to the SUPPORT statement without requiring any action by road the end of their service lives would proposed by the commenters. The users beyond that which is already result in an excessively long time period FHWA also revises the SUPPORT to required of them. The FHWA adopts the for installation of YIELD or STOP signs state that Crossbuck signs function language as proposed in the NPA with at existing passive grade crossings. The similar to a YIELD sign ‘‘in most States’’ editorial revisions suggested by the FHWA anticipates that installation of based on information provided by the NCUTCD in this final rule. the required additional signs at existing FRA. A railroad operator and a railroad locations will provide significant safety The FHWA also relocates to this association suggested revising the benefits to road users. section the existing OPTION from proposed requirement to allow the use 548. In Section 8B.01 Purpose, the Section 10C.02 in the 2003 MUTCD to of engineering judgment instead of an FHWA relocates existing SUPPORT and use a Crossbuck sign on a highway engineering study to determine when STANDARD statements from Section approach to a highway-light rail transit STOP signs should be used at passive 10C.01 of the 2003 MUTCD with grade crossing on a semi-exclusive or grade crossings. The FHWA disagrees editorial revisions as proposed in the mixed-use alignment. and believes that the decision to stop all NPA in this final rule. A State railroad operator suggested 549. In retitled Table 8B–1 Grade vehicles that approach a grade crossing revising the existing STANDARD Crossing Sign and Plaque Minimum is so important that it should be statement to require the R15–2P plaque Sizes, the NCUTCD suggested reducing documented in a study. The NCUTCD at all multi-track crossings, not just at the existing dimension for the I–13 sign suggested adding text to the crossings without automatic gates, based (I–13a in the 2003 MUTCD) to 12 inches STANDARD that the determination to on concerns about the potential for include a STOP sign in a Crossbuck x 9 inches. The FHWA decides to delete second train incidents. These concerns Assembly shall be made by the the size information for the I–13 sign are present at multi-track crossings, regulatory agency or highway authority from Table 8B–1, to eliminate any independent of whether gate arms are having jurisdiction over the roadway potential inconsistencies with an installed. The FHWA notes this approach. The FHWA agrees because anticipated future rulemaking for this comment and might consider including the decision to stop all vehicles should item by the FRA. this suggestion in a future NPA. be made by the highway authority and A consultant questioned why the not the railroad or light-rail transit W10–14P, W10–14aP, and W10–15P The NCUTCD suggested adding the authority. The FHWA adopts the plaques were proposed to increase in word ‘‘vertical’’ to the existing NCUTCD suggested revision to clarify size from 24 inches x 18 inches to 30 STANDARD in Section 8B.03 to clarify the proposed STANDARD statement in inches x 24 inches, noting that sign the orientation of the retroreflective this final rule. sizes for other plaques (W10–5P, W10– white strip material on the support for A railroad association suggested 9P, and proposed W10–10P) remained a YIELD or STOP sign. The FHWA allowing an exception for requiring an at 24 inches x 18 inches size. The agrees and makes the suggested revision engineering study for existing highway FHWA in this final rule adopts and relocates the language to Section rail grade crossings with STOP signs. increases in the size of the W10–5P and 8B.04. The FHWA disagrees because if a STOP W10–9P plaques to 30 inches x 24 551. The FHWA adopts the retitled sign is in place at a crossing and an inches to provide consistency with the Figure 8B–1 (Figure 8B–3 in the 2003 engineering study justifying its use is other adopted revisions that increase the MUTCD) Regulatory Signs and Plaques already on file, then a new study would lettering height to 5 inches for all for Grade Crossings in this final rule, not be necessary. However, if no such railroad crossing warning plaques, to which combines Figure 8B–3 and Figure study is on file because it was lost or assure adequate legibility for drivers 10C–2 in the 2003 MUTCD and because engineering judgment was used with 20/40 visual acuity. incorporates the NPA proposed R8–10a to determine the need for the STOP 550. In retitled Section 8B.03 Grade and R10–6a signs. ATSSA supported the sign, then a new study should be Crossing (Crossbuck) Sign (R15–1) and new signs while an NCUTCD member conducted and placed in the file. If the Number of Tracks Plaque (R15–2P) at opposed them stating that these smaller new study does not justify the STOP Active and Passive Grade Crossings, the signs were not necessary. The FHWA sign, then the STOP sign should be FHWA proposed in the NPA an disagrees because the smaller alternate replaced with a YIELD sign. OPTION statement that allowed the signs are needed for situations when The FHWA establishes a target Crossbuck sign at non-signalized vertical space is limited. compliance date of December 31, 2019 crossings to have reflectorized red A State railroad operator and local (approximately 10 years from the lettering, rather than the standard black DOT suggested using the symbolic turn effective date of this final rule) or when lettering. While a local DOT agreed with restriction blank-out signs instead of the adjustments are made to the individual the proposal, five State DOTs, three text messages for the R3–1a and R3–2a grade crossing and/or corridor, local agencies, ATSSA, an NCUTCD signs, similar to the California MUTCD whichever occurs first, for member, and a consultant opposed it provisions. The FHWA notes that the implementing the new requirements for because of concerns that the red letters Section 8B.08 text does not prevent YIELD or STOP signs at existing passive will fade quickly, the need for blank-out symbolic signs from being crossings. The FHWA establishes this uniformity, and the red color might used. The text gives the OPTION of target compliance date to promote imply that a vehicle needs to stop. The using the word message signs for this increased safety at passive grade FHWA agrees with these comments and purpose; the text does not mandate only

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00121 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66850 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

the use of the word message signs for change because there might be some arrangements and therefore no revisions this situation. cases where the ground level at the base are necessary to accommodate the 552. The FHWA also adopts the of the sign is higher than the edge of the commenter’s request. revised Section 8B.04 (Section 8B.08 in roadway. The FHWA adopts the A State railroad operator suggested the 2003 MUTCD) Crossbuck proposed change in Section 8B.04 in adding a STANDARD to require the Assemblies with YIELD or STOP Signs this final rule but does not adopt the railroad company to be responsible for at Passive Grade Crossings in this final requirement for the retroreflective strip the entire Crossbuck Assembly (which rule. The FHWA replaces all of the on the back of the support. A State DOT the language in the NPA defines to existing text with new STANDARD, suggested revising the text to add the include the YIELD or STOP sign), unless GUIDANCE, SUPPORT, and OPTION word ‘‘back’’ to the existing STANDARD the roadway authority has agreed to statements proposed in Section 8B.05 statement to specify where not to install place and maintain a separate YIELD or the NPA combined with new language white strips on Crossbuck supports for STOP sign for the crossing. The proposed in Section 10C.02 in the NPA one-way streets. The FHWA agrees and commenter stated that typically railroad that describes the use of STOP and adopts the suggested revision in this companies prohibit roadway authorities YIELD signs at passive grade crossings. final rule and changes this statement to from altering or otherwise modifying The FHWA also relocates a STANDARD an OPTION rather than stating it in a Crossbuck Assemblies at their grade from Section 8B.03 and makes several STANDARD text as an exception. crossings, and STOP and YIELD signs editorial revisions to the language as Two State DOTs and a city opposed placed in conjunction with Crossbuck proposed in the NPA to remove the STANDARD statement proposed in Assemblies should ideally be located on inconsistencies and redundancies with Section 8B.05 in the NPA for the use of the same post, and therefore maintained Section 8B.03 based on several STOP AHEAD and YIELD AHEAD by the railroad. The commenter said comments received. The remaining warning signs because installing the that the responsibilities of the roadway sections are renumbered accordingly. signs might not always be feasible authority and railroad should be stated. The FHWA also adopts the NPA because of space limitations, the signs The FHWA disagrees because proposed deletion from the STANDARD might conflict with advance railroad responsibility the installation and statement of the requirement that warning signs, and drivers might start maintenance of the YIELD or STOP sign Crossbuck signs be used on each ignoring these signs if too many are on the Crossbuck support will vary from highway approach to every highway- installed. The FHWA disagrees with the State to State. To clarify this situation, light rail transit grade crossing on a commenter because there will not be an the FHWA adds a cross reference to semi-exclusive alignment. The FHWA over-proliferation of these signs if they Sections 8A.02 and 8A.03, which adopts this change to reflect the are installed only when the criteria in discusses the general responsibilities of standard practice of most light rail Section 2C.35 are met. The FHWA highway agencies and railroad transit agencies in the nation. Crossbuck adopts this proposed STANDARD companies. signs are not typically used at grade paragraph in this final rule, but reverses 553. The FHWA relocates Section crossings controlled by traffic signals, the order of the W3–1 and W3–2 signs 10C.04 in the 2003 MUTCD to Section particularly in downtown areas. Grade to improve consistency. The FHWA also 8B.05 and retitles the section as ‘‘Use of crossings within highway-highway adds a YIELD AHEAD and STOP STOP (R1–1) or YIELD (R1–2) Signs intersections in urban areas with train AHEAD warning sign to Figure 8B–6. without Crossbuck Signs at Highway- speeds of 35 mph or less are typically A county and a consultant suggested Light Rail Grade Crossings,’’ with controlled by traffic signals and revising the NPA proposed GUIDANCE editorial revisions, as proposed in the Crossbuck signs are not used. Crossbuck recommending using yield lines at NPA, in this final rule. signs are not appropriate for light rail highway-rail crossings in order to 554. The FHWA combines the light- transit grade crossings in downtown reference Section 3B.16 and to remove rail transit grade crossing information areas or at intersections controlled by the words ‘‘transverse line’’ since it from Section 10C.15 as proposed in the traffic signals, since they are believed to might be confused with a stop line. The NPA into new Section 8B.06 (Section be ineffective and create sign clutter. A FHWA disagrees with removing 8B.04 in the 2003 MUTCD) Grade city agreed with the deletion while a ‘‘transverse line’’ because Section 3B.16 Crossing Advance Warning Signs (W10 State DOT opposed it. in the 2003 MUTCD makes it clear that Series) and also adopts the NPA The NCUTCD and a State DOT yield lines are transverse lines. The proposed revisions for Section 8B.06. suggested adding a requirement in FHWA does not adopt the proposed The FHWA proposed to add to the first Section 8B.04 that the mounting height GUIDANCE and instead adopts a STANDARD statement a requirement for the STOP or YIELD sign should be reference to Section 8B.28 in a new that a supplemental plaque describing at least 5 feet for new installations while SUPPORT statement for the proper use the type of traffic control at the another State DOT suggested a 4-foot of stop lines and yield lines. highway-rail grade crossing shall be mounting height for new installations. A State DOT suggested providing an used with the Grade Crossing Advance The FHWA adopts a minimum OPTION allowing a ‘‘Goal Post’’ or ‘‘U’’- Warning sign (W10–1). As part of this mounting height of 4 feet but agrees that mounted assembly for the placement of proposal, the FHWA also proposed a higher mounting height might be the Yield or Stop sign on a Crossbuck requiring the use of a new No Signal needed for new installations and might Assembly to maintain proper sign (W10–10P) supplemental plaque in consider proposing this in a future NPA. mounting height for crashworthiness of advance of a crossing that does not have The FHWA also proposed in Section the sign assembly. The commenter also active traffic control devices, and the 8B.03 of the NPA to revise the notes that these can be used as an use of a new Signal Ahead (W10–16P) STANDARD statement, and the alternative where the roadway shoulder plaque in advance of a crossing that associated figure, to indicate that the area is limited. The FHWA notes that does have active traffic control devices. measurement for the retroreflective strip the text does not prevent an agency from While ATSSA agreed, numerous that is placed on the front and back of using a U-mounted assembly. Figure commenters opposed the use of the No the support for the Crossbuck sign is to 8B–2 shows the YIELD or STOP sign Signal plaque because it is obvious what be from the ground, rather than the below the Crossbuck and Number of control is at an active crossing and roadway. The FHWA proposed this Tracks signs, but does not prohibit other because of concerns over the cost of

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00122 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66851

implementation, sign clutter, and lack of GUIDANCE. The FHWA disagrees the suggested change in this final rule. research and justification for their use. because the use of STOP AHEAD or A State DOT opposed the use of yield The FHWA acknowledges that the YIELD AHEAD signs are required for lines. The commenter suggested SIGNAL AHEAD plaque message is not non-grade crossing applications in showing an illustration of the yield line needed or particularly helpful in Section 2C.35 when the criteria is met if this requirement is retained. The advance of active crossings. There is and their use should also be required in FHWA notes that if a YIELD sign is used already a NO GATES OR LIGHTS (W10– this section. Therefore, the FHWA at a passive crossing, then a yield or 13P) plaque that can be used in advance adopts in this final rule the language as stop line may be used per Section 8B.28, of passive crossings, so a new NO proposed in the NPA. as discussed below. The FHWA does SIGNAL plaque is unnecessary. Using a 555. The FHWA adopts the NPA not add an illustration of a yield line separate YIELD AHEAD or STOP proposed new Figure 8B–3 Crossbuck since the note on Figure 8B–6 is AHEAD plaque will not convey this Assembly with a YIELD or STOP Sign sufficient. The NCUTCD opposed message, as road users might think that on a Separate Sign Support to reflect the moving the W10–1 sign in reference to it refers to a highway-highway adopted new requirement to install a the railroad crossing pavement markings intersection beyond the grade crossing. YIELD sign or STOP sign at all passive and suggested retaining the location as Because this final rule adopts a highway-rail grade crossings, except shown in the 2003 MUTCD. The FHWA requirement that a retroreflective YIELD crossings where road users are directed agrees and maintains the placement of or STOP sign be used at every passive by an authorized person on the ground the W10–1 and pavement markings as crossing, which will have an effect on to not enter the crossing at all times that shown in the 2003 MUTCD. An how much in advance (especially at an approaching train is about to occupy NCUTCD member suggested illustrating night) a road user becomes aware of the the crossing. The remaining existing the use of the W10–10P and W10–16P presence of a grade crossing, there is no Figures in Chapter 8B are renumbered plaques for passive and active grade need to require or even recommend that accordingly. crossings, respectively. The FHWA this plaque be used at all passive 556. The FHWA combines light-rail notes that the supplemental plaques crossings. As a result of the comments, transit grade crossing information from will not be required and therefore does the FHWA does not adopt the proposed Section 10C.10 in the NPA into retitled not add them to the figure. STANDARD requiring supplemental Section 8B.07 (Section 8B.05 in the 559. In Section 8B.08 Turn plaques under advance warning signs at 2003 MUTCD) EXEMPT Grade Restrictions During Preemption (Section active and passive crossings, and the Crossings Plaques (R15–3P, W10–1aP). 8B.06 in the 2003 MUTCD) and in two proposed plaque designs. A State DOT suggested revising the Section 8B.09 DO NOT STOP ON A State DOT suggested providing an existing provisions to clarify the TRACKS Sign (R8–8) (Section 8B.07 in OPTION for situations where two grade placement of an exempt plaque in the 2003 MUTCD) the FHWA combines crossings are spaced closely together relation to a Crossbuck sign, warning the proposed language with appropriate where one grade crossing has signals sign, or other plaque. The FHWA text from Sections 10C.09 and 10C.05, and the other crossing does not. The disagrees because Section 8B.07 has respectively, in the 2003 MUTCD for FHWA disagrees with the need for this existing text that says that the EXEMPT light rail transit grade crossings, and OPTION because in this unusual case plaque is installed below the advance adopts editorial revisions as proposed in lights and gates will have to also be warning sign. the NPA in this final rule. installed at the passive grade crossing or 557. In retitled Figure 8B–4 (Figure 560. In Section 8B.10 TRACKS OUT the placement of the signs and plaques 8B–2 in the 2003 MUTCD) Warning OF SERVICE Sign (R8–9) (Section 8B.09 will have to be carefully designed to Signs and Plaques for Grade Crossings, in the 2003 MUTCD) the FHWA minimize any potential confusion. A the FHWA proposed in the NPA to add combines the existing language with State DOT recommended changing the the light rail transit signs and plaques appropriate text from Section 10C.06 in reference from the W10–1 sign to the from Figure 10C–3 in the 2003 MUTCD. the 2003 MUTCD for light rail transit W10 series since there will be instances The FHWA proposed revising the grade crossings in this final rule. A local where the NO TRAIN HORN plaque is symbol shown on the W10–7 sign to use agency suggested revising the existing used and there will not be a W10–1 the same symbol of a light rail transit OPTION statement to clarify that the sign. The FHWA agrees and adopts the vehicle as that used on the I–12 sign. R8–9 sign replaces the Crossbuck suggested revision. The light rail transit vehicle symbol on assembly. The FHWA agrees and adopts The FHWA also proposed in the NPA the existing W10–7 sign was an the suggested revision in this final rule. to add at the end of the 1st STANDARD inadvertent error that the FHWA wanted 561. In retitled Section 8B.11 STOP a statement that a YIELD AHEAD or a to correct so that the symbols will be HERE WHEN FLASHING Sign (R8–10, STOP AHEAD advance warning sign consistent. A city and ATSSA agreed R8–10a) the FHWA combines the shall also be installed if criteria are met, with the proposed revision. The existing language with appropriate text along with information regarding the NCUTCD suggested adding a note that from Section 10C.08 in the 2003 distance between signs in advance of a signs can be modified for geometrics to MUTCD for light rail transit grade highway-rail grade crossing, to allow a curved line for a roundabout crossings. emphasize existing requirements in Part and railroad tracks. The FHWA agrees 562. In retitled Section 8B.12 STOP 2. Two State DOTs, five local agencies, and adopts the proposed revision with HERE ON RED Sign (R10–6, R10–6a) the an association, and a consultant the suggested note and editorial FHWA combines the existing language opposed the new STANDARD because revisions. with appropriate text from Section of concerns about sign redundancy with 558. With respect to the NPA 10C.07 in the 2003 MUTCD for light rail other advance warning signage, proposed Figure 8B–6 Example of transit grade crossings. increases burdens on public agencies Placement of Warning Signs and 563. In Section 8B.17 LOOK Sign resulting from sign clutter and Pavement Markings at Grade Crossings, (R15–8) (Section 8B.16 in the 2003 operations costs in typical urban the NCUTCD suggested adding the MUTCD), the FHWA proposed in the environments, and will likely not words ‘‘If transverse lines are used at NPA to remove the option of mounting change road user behavior. A city the grade crossing’’ to the note about the the LOOK sign on the Crossbuck suggested reducing the STANDARD to yield line. The FHWA agrees and adopts support. Two State DOTs opposed this

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00123 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66852 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

revision because there are situations future rulemaking by the Federal as proposed in the NPA, and instead where this option is beneficial. Based on Railway Administration. allows either the W10–9 sign or W10– the comments received, the FHWA does A State DOT, six local agencies, an 9P plaque to be used. not adopt the proposed change. association, an NCUTCD member, and a 567. In the NPA, the FHWA proposed However, the FHWA adopts a new consultant suggested adding a new deleting existing Section 8B.15 and GUIDANCE statement recommending provision that the railroad company is relocating the information to other that the LOOK sign should not be responsible for the installation and sections. The FHWA retains the section mounted on a Crossbuck Assembly that maintenance of the I–13 sign. The as Section 8.22 NO GATES OR LIGHTS has a STOP or YIELD sign because there FHWA disagrees and notes that this Plaque (W10–13P) in this final rule. The would be insufficient space for the specific responsibility might vary from FHWA deletes the NO SIGNAL Sign LOOK sign and there would be too State to State and Sections 8A.02 and from the MUTCD based on comments many signs for the driver to process. A 8A.03 discuss the general received in Section 8B.06. See item 554 State railroad operator suggested responsibilities of highway agencies and above. removing the phrase ‘‘on a separate railroad companies. 568. The FHWA adopts Section 8B.23 post’’ from the proposed revision in the 565. With respect to the NPA Low Ground Clearance Grade Crossing NPA to allow other possible mounting proposals for retitled Figure 8B–5, Sign (W10–5) (Section 8B.17 in the 2003 locations, such as on a pedestrian swing (Figure 8B–4 in the 2003 MUTCD) MUTCD) in this final rule, which gate or on a wall adjacent to the Example of Emergency Notification combines the existing language with the crossing. The FHWA notes that the NPA Sign, the NCUTCD suggested revising existing language in Section 10C.16 in proposal intended to prohibit the the crossing number on the I–13 sign (I– the 2003 MUTCD for light rail transit mounting of the LOOK sign on the 13a in the 2003 MUTCD) to be grade crossings. Crossbuck support, and the option consistent with the DOT format. The 569. In Section 8B.24 (Section 8B.18 suggested by the commenter would be FHWA agrees with showing a realistic in the 2003 MUTCD) Storage Space allowed with the adopted text. The number in the figure and adopts the sign Signs (W10–11, W10–11a, W10–11b), the FHWA combines appropriate text FHWA also combines language with with a revised legend in this final rule. from Section 10C.18 in the 2003 appropriate text from Section 10C.03 in An NCUTCD member suggested deleting MUTCD with NPA proposed Section the 2003 MUTCD for light rail transit the emergency notification sign and 8B.18 in this final rule. A railroad grade crossings. figure from the MUTCD because he believes that it is the railroad company’s operator suggested requiring the NO 564. The FHWA proposed to rewrite responsibility to provide the sign. The TRAIN HORN plaque (W10–9P) be Section 8B.18 (Section 8B.12 in the FHWA disagrees because there are placed above the W10–11aP or W10– 2003 MUTCD) Emergency Notification situations where highway agencies 11bP plaque. The FHWA disagrees and Sign (I–13) and combine it with the install and maintain these signs and retains the existing text because the NO information in Section 10C.21 in the therefore the sign is retained to promote TRAIN HORN plaque needs to be placed NPA. The proposed new text included uniformity. on the same support as the advance STANDARD statements that specify the 566. In retitled Section 8B.21 (Section warning sign, not the same support as minimum amount of information to be 8B.15 in the NPA) NO TRAIN HORN the storage distance sign. placed on Emergency Notification signs, Sign or Plaque (W10–9, W10–9P), the 570. In Section 8B.25 Skewed sign placement, and the sign color of a FHWA proposed in the NPA to change Crossing Sign (W10–12) (Section 8B.19 white legend and border on a blue the existing NO TRAIN HORN sign to a in the 2003 MUTCD), the FHWA background. A GUIDANCE statement supplemental plaque. The FHWA also combines the existing language with with additional information on sign proposed to revise the STANDARD to appropriate text from Section 10C.19 in retroreflectivity, sign placement, and clarify that the plaque should be the 2003 MUTCD for light rail transit sign size was also proposed. To mounted directly below the W10–1 sign. grade crossings. illustrate the proposed changes, FHWA Two State DOTs and a State railroad 571. In Section 8B.27 (Section 8B.20 proposed to revise Figure 8B–5 and operator suggested revising the NPA in the 2003 MUTCD) Pavement Table 8B–1 accordingly. The FHWA proposed STANDARD to include a Markings, the FHWA combines the proposed these changes to simplify the reference to 49 CFR part 222 to be in existing language and proposed requirements for these signs and to conformity with the quiet zone revisions with appropriate text from assure that the appropriate information definition noted earlier in the MUTCD. Section 10C.23 in the 2003 MUTCD for is displayed on these signs that provide The FHWA agrees and adopts the light rail transit grade crossings in this valuable information to roadway users suggested change in this final rule. The final rule. A State DOT opposed the in the event of an emergency or signal NCUTCD and a State DOT suggested NPA proposed revision to the 4th malfunction requiring notification to the allowing the NO TRAIN HORN plaque STANDARD statement in section 8B.20 railroad or light rail transit agency. A to also be used with the W10–2, W10– which proposed removing the city and ATSSA agreed with the 3, and W10–4 signs. The FHWA agrees requirement for railroad pavement revisions proposed in the NPA. Two that such use is appropriate and adopts markings on roads with speeds less than State DOTs suggested revisions to allow the suggested revision. A State DOT also 40 mph. The commenter believes that different letter heights. A city also suggested requiring the NO TRAIN the pavement markings are important opposed the proposed revision because HORN plaque below the Number of for safety and the revision would apply in urban areas where the highway-light Tracks Plaque, if used, otherwise to thousands of crossings in the rail transit grade crossing is at a named mounted under the Crossbuck sign. The commenter’s jurisdiction. The FHWA intersection there should not be a need FHWA disagrees because the suggested addresses the commenter’s concern by for a unique grade crossing identifier. revision would allow the placement of revising the wording so that an The FHWA adopts the revisions as the NO TRAIN HORN sign at the engineering study is required to omit proposed in the NPA but removes crossing rather than in advance of the pavement markings on roads with specific references to letter heights and crossing where it is needed. The FHWA speeds less than 40 mph. design details since this information does not adopt the removal of the The NCUTCD, two DOTs, two local will be addressed by an anticipated existing NO TRAIN HORN W10–9 sign agencies, an NCUTCD member, and a

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00124 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66853

consultant opposed the NPA proposed declines to add the suggested statement flashing lights. Requiring the use of an revisions to the GUIDANCE regarding because engineering judgment should audible warning device would assure the location of the advanced warning dictate stop line placement in those that information about the approach of sign in relation to the pavement marking situations due to the wide variety of a light rail transit vehicle is available to and suggested retaining the 2003 situations where tracks are within or persons with visual disabilities. Two MUTCD text. The FHWA agrees and immediately adjacent to the cities and a State railroad operator maintains the text as in the 2003 intersection. The FHWA adopts the opposed the revision, in part because it MUTCD and revises Figure 8B–6 to be language as proposed in the NPA and might create conflicts with pedestrian consistent with this action. the new OPTION to install a stop line crosswalk audible indications. The 572. In retitled Section 8B.28 (Section at a grade crossing with a YIELD sign in FHWA disagrees because it is essential 8B.21 in the 2003 MUTCD) Stop and this final rule. that an audible device be available for Yield Lines, the FHWA proposed in the 573. In Section 8B.29 (Section 8B.22 blind pedestrians because of the quiet NPA to add a STANDARD statement in the 2003 MUTCD) Dynamic Envelope operation of light rail transit vehicles requiring the use of stop lines on paved Markings, the FHWA adopts the and light rail transit is generally located roadways at highway-rail grade proposed NPA revision to Section 8B.22 in urban areas where pedestrians are crossings that are equipped with active in the 2003 MUTCD and relocates the prevalent. The FHWA also notes that if control devices. This requirement is SUPPORT, GUIDANCE, and OPTION conventional pedestrian signals are used currently implied by the existing statements from Section 10C.24 as at a traffic control signal, the accessible language in Section 8B.21 of the 2003 proposed in the NPA. The FHWA pedestrian features would be sufficient MUTCD and illustrated in Figure 8B–6. deletes the existing OPTION statement provided that pedestrians are always A local DOT agreed. The FHWA adopts in Section 8B.22 of the 2003 MUTCD in directed to not be in the crosswalk when this specific requirement for this final rule based on a comment a light-rail vehicle is approaching or clarification and because the stop line received from a State railroad operator occupying the crosswalk location and provides road users with a clear which suggested that the provision is therefore text revisions are not indication of the point behind which subjective. The FHWA agrees that the necessary to accommodate pedestrian they are required to stop when the OPTION is not needed because adopted crosswalk audible indications. The traffic control devices are activated. paragraph 02 adequately addresses the FHWA believes the safety benefits The FHWA also proposed relocating subject. outweigh the costs associated with the GUIDANCE statements from Section 574. In retitled Figure 8B–8 Example new requirement. The FHWA adopts the 8B.05 in the NPA recommending stop of Train Dynamic Envelope Pavement language as proposed in the NPA but lines when a STOP sign is used with the Markings at Grade Crossings, a State relocates the statement to Section 8C.10. Crossbuck sign and adding yield lines DOT suggested providing a new note on The NCUTCD suggested adding new when a YIELD sign is used with the the existing figure that the dynamic GUIDANCE that the top of the signal Crossbuck sign. A city suggested adding envelope markings are optional. The foundation should be no more than 4 a requirement for stop lines at passive FHWA agrees because the text of inches above the surface of the ground. crossings because stop lines are more Section 8B.29 clearly describes these The NCUTCD stated that the top of the important in those situations. A State markings as optional. The FHWA adds foundation should be at the same DOT opposed using yield lines because ‘‘optional’’ prior to ‘‘white pavement elevation as the crown of the roadway their practice is to use stop lines at all marking’’ in the bottom right-hand to permit use of standardized traffic highway rail crossings. Based on the corner of the drawing. The FHWA also control devices that meet the vertical comments received, the FHWA adds an adds the illustration from Figure 8A–1 clearances shown in Figure 8C–1 OPTION to allow stop lines at passive in the 2003 MUTCD to this figure. (Figure 8D–1 in the 2003 MUTCD). The grade crossings where a YIELD sign is 575. The FHWA in this final rule NCUTCD also indicated that where site installed. While the stop line is adopts the NPA proposed deletion of conditions require the top of the preferred in this situation for Chapter 8C Illumination in the 2003 foundation to be at different elevation consistency, the new OPTION will MUTCD and places the information than the crown of the roadway, then the improve safety by improving nighttime from this chapter in a new section shoulder side slope should be re-graded visibility at grade crossings with the numbered and titled Section 8A.06 or the height of the signal mast should retroreflective stop lines. The FHWA Illumination at Grade Crossings. See be adjusted to maintain the vertical also combines the existing language item 544 above. The remaining chapters clearance requirements of Figure 8C–1. with appropriate text from Section in Part 8 are re-lettered accordingly. The FHWA agrees and adopts the 10C.24 in the 2003 MUTCD for light rail 576. The FHWA relocates to Section suggested revision in this final rule. transit grade crossings. 8C.01 (Section 8D.01 in the 2003 577. In Figure 8C–1 (Figure 8D–1 in A city opposed the proposed revision MUTCD) Introduction, the SUPPORT the 2003 MUTCD), Composite Drawing in Section 8B.21 of the NPA to require and GUIDANCE statements regarding of Active Traffic Control Devices for a stop line at every active grade crossing light-rail transit grade crossings from Highway-Rail Grade Crossings Showing because of the belief that this would Section 10D.01 in the NPA in this final Clearances, the FHWA proposed to provide a small benefit for a large cost rule. The FHWA proposed in the NPA change gate arm stripes from diagonal to and a State DOT suggested reducing the to change the OPTION statement in vertical. The FHWA received no STANDARD to GUIDANCE. The FHWA Section 10D.01 to a STANDARD comments and therefore adopts the disagrees with the commenters because statement, which will require audible revisions as proposed in the NPA in this the requirement is only for paved active devices to be provided and operated in final rule. A local DOT suggested crossings and the FHWA believes the conjunction with flashing-light signals clarifying the existing note above the safety benefits will outweigh the or traffic control signals where they are gate that says, ‘‘Dimension A–B–C and disadvantages. A State railroad operator operated at a light rail transit grade length for appropriate approaching suggested providing GUIDANCE crossing that is used by pedestrians. The traffic.’’ The FHWA notes that the regarding the appropriate placement of FHWA proposed this change because quantitative dimensions for A, B, and C the stop line where tracks are within or light rail transit vehicles are often nearly are intentionally not specified because adjacent to an intersection. The FHWA silent, and blind pedestrians cannot see these dimensions vary from one location

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00125 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66854 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

to another based on the geometry of the serviceable device that is non-compliant which states that the wayside horn approach lanes. The text in Section may be replaced in kind. systems shall be directed towards 8C.04 requires at least three lights on The FHWA adopts into this section approaching road users, but provides an the gate arm. These lights should be the existing OPTION and GUIDANCE exception for movements that are positioned to have the maximum impact statements regarding light rail transit controlled by a STOP sign or traffic on drivers approaching the gate. The grade crossings from Section 10D.03 in control signal, and the NPA proposed FHWA deletes the existing dimensions the 2003 MUTCD. GUIDANCE which states that wayside and revises the note to say, ‘‘Minimum 580. In Section 8C.06 Four Quadrant horn systems should be installed for of three red lights positioned as Gate Systems (Section 8D.05 in the 2003 each roadway approach. To clarify the appropriate for approaching traffic’’ in MUTCD), the FHWA adopts the new provisions and to be consistent this final rule. editorial revisions proposed in the NPA with FRA regulations, the FHWA 578. In retitled Section 8C.02 (Section in this final rule. The FHWA also revises the proposed OPTION, 8D.02 and 8D.03 in the 2003 MUTCD) combines the existing language with STANDARD, and GUIDANCE Flashing-Light Signals, the FHWA appropriate text from Section 10D.04 in statements in the NPA with references adopts the editorial revisions as the 2003 MUTCD for light rail transit to 49 CFR part 222 and removes the proposed in Section 8C.02 the NPA in grade crossings. specific requirements and this final rule. A State railroad operator 581. The FHWA proposed a new recommendations in this final rule. This suggested adding a new SUPPORT Section 8C.06 Wayside Horn Systems in information does not need to be statement similar to Section 4D.06 to the NPA. This new section as proposed repeated in the MUTCD. allow for the use of industry-standard in the NPA contained OPTION, 582. In Section 8C.09 (Section 8D.07 technology such as light-emitting-diode STANDARD, and GUIDANCE in the 2003 MUTCD) Traffic Control (LED) signals which might not use statements regarding the use of wayside Signals at or Near Highway-Rail Grade optical lenses. Although not included in horn systems to provide directional Crossings, the FHWA proposed in the the NPA, the FHWA agrees and adopts audible warning at highway-rail grade NPA to add a 3rd paragraph to the a new SUPPORT statement that is crossings pursuant to the Interim GUIDANCE statement recommending similar to the text in Section 4D.06 in Approval for the Use of Wayside Horn that back-up power be supplied to this final rule. Systems, which was issued on August 2, traffic control signals that have railroad 204 preemption or that are coordinated with The FHWA also combines the 2004. The Interim Approval and the flashing-light signal systems at a OPTION and STANDARD statements proposed new MUTCD text support the highway-rail grade crossing. The FHWA contained in NPA Section 8C.03 into regulation adopted by Federal Railroad proposed this recommendation because Section 8C.02 and adopts the new Administration mandating the sounding railroad flashing-light signals are STANDARD as proposed in the NPA. of locomotive horns at highway-rail 205 typically provided with standby power 579. In Section 8C.04 (Section 8D.04 grade crossings (49 CFR part 222). A State DOT opposed the proposed new supply to ensure their operation during in the 2003 MUTCD) Automatic Gates, power outages and it is important that the FHWA proposed in the NPA to section because they believe that a wayside horn system is not a traffic traffic signals at or near the crossings revise the 4th paragraph of the also be provided with standby power STANDARD statement to indicate that control device. The FHWA disagrees because a wayside horn system provides during power outages to help prevent the stripes on gate arms shall be vertical, vehicles from queuing on approaches rather than 45-degree diagonal. The warning to traffic and is important to include in the MUTCD to assure that cross the tracks. Two State DOTs FHWA also proposed changes to the suggested elevating the GUIDANCE to stripes on Figures 8C–1, 8C–5, and 8C– uniform messages. The NCUTCD suggested requiring the STANDARD. The City of Phoenix, AZ, 6 accordingly. The diagonal stripes suggested reducing the statement to an might encourage road users to drive location and operating characteristics of the wayside horns to be determined by OPTION because of concerns about around the gates because diagonal installation cost and the additional stripes are used on other devices such a diagnostic team. Based on item 539 above, the NPA proposed definition and battery waste. Furthermore, they as barricades, object markers, etc. to mentioned that Arizona’s state laws indicate the side of the device that road proposed use of diagnostic team term has been removed from the MUTCD. An require signals with power outages to be users are required to use when they treated as four-way stop control. The travel past the device. A State DOT, a NCUTCD member opposed the STANDARD regarding wayside horn FHWA notes that the proposed city, ATSSA, and a railroad operator paragraph was identical to the new agreed with the revision. The railroad systems being directed towards approaching road users because traffic paragraph adopted in Section 4D.27. In operator also suggested adding this final rule the FHWA replaces the GUIDANCE allowing a crossing to have facing a STOP sign has no additional obligation to wait for clearance of the proposed GUIDANCE statement with a one gate with vertical stripes and one new SUPPORT statement referencing gate with diagonal stripes during the train than traffic waiting at a Crossbuck sign only and traffic controlled by a Section 4D.27 to eliminate redundancy. implementation period. Two State DOTs In addition, the FHWA proposed in signal is obligated to wait until allowed and a citizen opposed the proposed the NPA to add to the 4th paragraph of by the signal to proceed. A local DOT revisions because the change is too the GUIDANCE a statement consistent also noted a conflict between the NPA subtle for the driver to notice and the with Section 8A.01, which states that proposed STANDARD in Section 8C.06 lack of research supporting the revision. the highway agency or authority with The FHWA disagrees and believes that jurisdiction and the regulatory agency 204 The Interim Approval can be viewed at the this revision is worth making because of following Internet Web site: http:// with statutory authority jointly its potential to improve safety. The mutcd.fhwa.dot.gov/res-ia_waysidehorns.htm. determine the need and selection of FHWA adopts the language as proposed 205 The Federal Register Notice was published on devices at a highway-rail grade crossing. in the NPA and adds a SUPPORT December 18, 2003, (Volume 68, Number 243, Page A State DOT and a city opposed the 70586–70687) and can be viewed at the following statement cross referencing paragraph Internet Web site: http://www.fra.dot.gov/ proposed deletion of the words ‘‘and the 24 of the MUTCD Introduction, which downloads/Safety/train_horn_rule/ railroad company’’ because they believe describes two situations when a non- fed_reg_trainhorns_final.pdf. it is imperative that the railroad be

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00126 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66855

involved in the timing requirements of roundabouts being constructed adjacent Signals and Crossings at LRT Grade a signal system. The FHWA disagrees to grade crossings due to grade crossing Crossings, the FHWA proposed in the because of the need for consistency with safety concerns. The FHWA agrees that NPA to add to the GUIDANCE a Section 8A.01 and adopts the language when possible, it is better not to install statement that an audible device should as proposed in the NPA in this final roundabouts in close proximity to be installed, in addition to a Crossbuck rule. existing grade crossings because of the sign, at pedestrian and bicycle crossings In conjunction with that change, the difficulty encountered when trying to where determined by an engineering FHWA adopts the proposed new clear the tracks as a train is study. The FHWA also proposed to STANDARD statement in this final rule approaching. When it is unavoidable, recommend that the LOOK sign and/or that requires that the timing parameters this section includes provisions that are pedestrian gates should be considered if must be furnished by the jurisdiction so intended to minimize any operational or an engineering study shows that that the railroad will be able to design safety issues. flashing-light signals with a Crossbuck the train detection circuitry. A city suggested revising the sign and an audible device would not 583. In retitled Section 8C.10 Traffic STANDARD to allow engineering provide sufficient notice of an Control Signals at or Near Highway-LRT judgment to determine if queuing could approaching light rail transit vehicle. Grade Crossings (Section 10D.06 in the impact a grade crossing. The FHWA The FHWA proposed these changes to NPA), the FHWA combines the existing disagrees and retains the requirement provide consistency with changes in language with editorial revisions for an engineering study because this Section 8C.01 in the NPA in item 576 proposed in the NPA with existing situation requires data collection and above. A city agreed with the proposed language with proposed editorial analysis in order to make sound revisions. The NCUTCD and a State revisions in Section 10D.07 in the NPA judgment. The FHWA in this final rule railroad operator suggested moving all for highway traffic signal preemption replaces the words ‘‘within close the text in this section to Chapter 8D turning restrictions. proximity’’ with ‘‘200 feet of’’ in the Pathway Grade Crossing. The FHWA 584. In Section 8C.11 (relocated from new STANDARD to give a quantitative disagrees because Chapter 8D pertains Section 10D.08 in the NPA) Use of dimension in this final rule. only to pathways, not to sidewalks. The Traffic Control Signals for Control of The FHWA establishes a target FHWA adopts the revisions as proposed LRT Vehicles at Grade Crossings, the compliance date of December 31, 2014 in the NPA in this final rule. FHWA adopts the revisions as proposed (approximately 5 years from the 587. In Figure 8C–6 (Figure 10D–4 in in the NPA in this final rule. A city effective date of this final rule) for the the 2003 MUTCD) Example of a questioned why the existing 2nd required traffic study at existing Separate Pedestrian Gate, the NCUTCD GUIDANCE statement is included in the locations. The FHWA establishes this suggested adding a new illustration MUTCD because it describes the type of target compliance date because it is showing a stand-alone pedestrian gate. signals used to control light rail transit important that these studies be The FHWA agrees and adopts a figure vehicles. They believe that this is only conducted in a timely manner. Because that shows a stand-alone pedestrian useful for train operators. The FHWA the new requirements involve gate. disagrees because even though trained conducting engineering studies at 588. The FHWA adopts the proposed light rail transit operators are the only existing grade crossings, the FHWA new Chapter 8D (Chapter 8E in the persons who are directly responding to believes that relying on the systematic NPA) Pathway Grade Crossings, these special signals, they are able to be upgrading processes that highway including Sections 8D.01 through 8D.06 viewed by other road users who begin agencies typically use to replace in this final rule. The purpose of this to understand their meanings as they existing signs at the end of their service new Chapter is to provide information watch what light rail transit operators lives would not be appropriate, given for traffic control devices used at do in response to them. This is the safety implications of not having pathway-rail grade crossings. Shared- especially true as these signals are also any means of clearing the track of use paths and other similar facilities beginning to be used for exclusive bus stopped motor vehicles when rail traffic sometimes cross railroad or light rail lanes. Traffic safety is improved by is approaching. The FHWA anticipates transit tracks at grade and it is important making these special signals uniform. that the required traffic studies at that suitable traffic control devices be The FHWA declines to remove the existing locations will provide used to provide for safe and effective provision in this final rule. significant safety benefits to road users. operation of such crossings. The FHWA 585. The FHWA adopts the NPA A State DOT suggested adding lights also adopts and incorporates into proposed new Section 8C.12 Grade and gates to the proposed GUIDANCE Chapter 8D material from proposed Crossing(s) Within or In Close Proximity list that should be considered for Chapter 10F regarding pathway-light to Circular Intersections in this final keeping the crossing clear of traffic or rail transit grade crossings. rule. This new section contains for clearing traffic. The FHWA agrees 589. In new Section 8D.03 retitled SUPPORT and STANDARD statements and in this final rule revises item C Pathway Grade Crossing Signs and that clarify the need for active traffic ‘‘Grade crossing regulatory and warning Markings, the FHWA adopts the text as control devices where grade crossings devices’’ to include gates, lights, and proposed in the NPA and also are within or in close proximity to regulatory signs. A city opposed the incorporates material regarding roundabouts, traffic circles, or circular proposed GUIDANCE because the pathway-light rail transit grade intersections. Where circular information is related to intersection crossings from Section 10F.03, as intersections include or are within 200 design. The FHWA disagrees because proposed in the NPA, in this final rule. feet of a grade crossing, an engineering the statement provides valuable A city opposed the STANDARD that study is now required to be performed suggestions that agencies can implement requires post mounted signs to have a to determine if queuing could impact to keep the grade crossing clear of traffic minimum mounting height of 4 feet and the grade crossing. A State DOT and a or to clear traffic from the grade crossing suggested it be reduced to a GUIDANCE consulting firm agreed with the prior to the arrival of rail traffic. statement because there are signs such proposed new Section. A State railroad 586. In retitled Section 8C.13 as object marker signs that should be operator opposed the proposed new (relocated from Section 10D.08 in the mounted lower. The FHWA disagrees Section because of opposition to 2003 MUTCD) Pedestrian and Bicycle because Sections 8D.03 and 9B.01 both

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00127 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66856 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

contain a similar 4-foot minimum multiple track intersections. The FHWA sidewalks so that the minimum height mounting height requirement for signs agrees and adopts the suggested of the gate arm when lowered is reduced posted for pathways and shared-use OPTION and SUPPORT, as information from the proposed value of 3 feet to 2.5 paths. about these optional practices already feet and to add a maximum height of 4 590. The FHWA adopts the proposed allowed by provisions of Part 3 is feet. A State railroad operator and a city new Section 8D.04 (Section 8E.04 in the useful. also suggested adding a maximum NPA) Stop Lines, Edge Lines, and 591. The FHWA adopts the proposed height in the provision. The FHWA Detectable Warnings in this final rule. In new Section 8D.05 (Section 8E.05 in the agrees that a maximum height should the NPA, the FHWA proposed to add NPA) Passive Devices for Pathway also be specified so that the gate will not new GUIDANCE on the use of stop lines Grade Crossing in this final rule. In the be so high as to be ineffective for shorter and detectable warning surfaces. A local NPA, the FHWA proposed STANDARD, persons and children. The FHWA DOT and a city suggested revising the OPTION, and GUIDANCE statements for adopts in this final rule a revised 1st GUIDANCE statement as proposed passive devices and incorporates the minimum height of 2.5 feet and a in the NPA to increase the minimum 2 light-rail grade crossing provisions from maximum height of 4 feet. foot distance between the stop line and proposed Section 10F.05 in the NPA. The NCUTCD and a local DOT gate or counterweight. The FHWA notes The FHWA does not adopt the proposed suggested deleting, or revising to an that the GUIDANCE wording uses the GUIDANCE statement regarding the OPTION, GUIDANCE paragraph 11 term ‘‘at least’’ meaning that there is placement of fencing in this final rule regarding a separate gate mechanism for flexibility to set the stop line farther based on comments received and sidewalk gates from the roadway gates back and therefore declines to make the because fences are not traffic control and making other editorial changes. The suggested revision. devices. The FHWA also proposed an FHWA disagrees and adopts the A local DOT suggested reducing the OPTION in Section 10F.05 in the NPA language as proposed in the NPA in this requirement to place the stop lines and allowing refuge areas at light rail transit final rule, because it is important that detectable warning surfaces a minimum grade crossings. The FHWA does not pedestrians be prevented from raising of 12 feet from the nearest rail because adopt the proposed OPTION in this the vehicular gate. the distance does not allow a user of the final rule based on the NCUTCD A local DOT suggested adding to the crossing to view the approaching trains. recommendation and because refuge proposed GUIDANCE that a The FHWA disagrees because islands are not traffic control devices. combination of automatic gates and pedestrians and bicyclists should be 592. The FHWA adopts the proposed swing gates could be used to provide able to see approaching trains from a new Section 8D.06 (Section 8E.06 in the full width coverage of the crossing. The distance of 12 feet back from the nearest NPA) Active Traffic Control Systems for FHWA agrees and adopts the suggested rail. Pathway Grade Crossings, with the revision to the GUIDANCE in this final A consulting firm agreed with the 2nd revisions discussed herein, in this final rule. GUIDANCE statement while a State rule. The FHWA also incorporates into Discussion of Amendments to Part 9— DOT opposed it because it believed that Section 8D.06 pathway-light rail transit Traffic Controls for Bicycle Facilities detectable warnings are not a traffic crossing material from Section 10F.06 in control device and do not belong in the the NPA. The NCUTCD agreed with the 593. In Section 9A.03 Definitions MUTCD. A State railroad operator new text and suggested several editorial Relating to Bicycles, the FHWA suggested revising the GUIDANCE to revisions which the FHWA adopts in proposed in the NPA to change the add the words ‘‘at least’’ before the 2- this final rule. definition of ‘‘bicycle lane’’ to indicate foot detectable warning surface width to A local DOT suggested revising the that a bicycle lane is to be designated by allow a 3-foot wide detectable surface to STANDARD to increase the 1-foot pavement markings, and that signs may be consistent with California design minimum height for the flashing red be used to supplement the markings guidelines, replace the ‘‘upstream’’ and lights between the tracks to 4 feet designating a bicycle lane, but they are ‘‘downstream’’ terminology with ‘‘edge because the 1-foot minimum will not required. While two cities and one nearest the tracks’’ to clarify placement present a tripping hazard for users. The association agreed with this change, a of detectable surfaces on sidewalks FHWA disagrees and notes that this was State DOT opposed this change, where exit gates or off-quadrant flashing based on a recommendation provided indicating that they preferred to use light signals are used, to reference the by the NCUTCD and because signs and pavement markings. Another placement to the flashing light signals, pedestrians tend to look down as they State DOT questioned whether the use and to delete the phrase ‘‘and no closer step across tracks rather than look of pavement markings alone was than the stop line’’ to remove the straight ahead. consistent with the function of conflict with the 2-foot placement. For A State railroad operator suggested pavement markings in Part 3, which consistency with other Parts in the revising the last STANDARD to replace indicates that in most cases pavement MUTCD, the FHWA reduces the ‘‘active traffic control devices’’ with ‘‘a markings are used to supplement signs. proposed GUIDANCE statement for gate arm that extends across the Because markings can sometimes be detectable warnings to SUPPORT and sidewalk and into the roadway’’ because used alone to effectively convey references ADAAG for design and the term ‘‘active traffic control devices’’ regulations, guidance, or warnings, such placement of detectable warnings in this is too broad, as it could refer to a as in the case of no-passing zone final rule. predestrian-specific device such as a markings, the FHWA believes that The NCUTCD suggested adding an separate automatic gate. The bicycle lanes can be effectively OPTION allowing the use of edge lines recommended language would prevent designated by markings alone. States on an approach to and across the tracks the placement of separate automatic may supplement bicycle lane markings at a pathway-light rail transit grade gates on the outside of a sidewalk. The with signs if they choose to do so. The crossing, a station crossing, or sidewalk FHWA agrees and adopts the suggested FHWA adopts in this final rule the at a highway-light rail transit grade revision in this final rule. proposed change to the definition and crossing. The NCUTCD also suggested The NCUTCD suggested revising relocates this definition to Section adding a SUPPORT statement about GUIDANCE regarding the height of 1A.13 to consolidate all definitions in edge lines at skew track angle or separate automatic gates used for one place.

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00128 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66857

594. In Section 9B.01 Application and definition of ‘‘bicycle lane’’ as discussed traffic control for bicyclists, such as Placement of Signs, the FHWA in item 593 above. beacons at path-roadway crossings, proposed in the NPA to revise the 596. The FHWA adopts in this final tunnels, or other locations. The FHWA STANDARD statement to indicate that rule the NPA proposed new Section agrees and in this final rule adopts this no portion of a sign or its support shall 9B.06 Bicycles May Use Full Lane Sign new OPTION based on the NCUTCD’s be placed less than 2 feet laterally from (R4–11). This Section includes OPTION suggestion. the near edge of the path, or less than and SUPPORT statements regarding the 599. In Section 9B.18 Bicycle Warning 8 feet vertically over the entire width of use of this sign, which is illustrated in and Combined Bicycle/Pedestrian Signs the shared-use path. As part of this Figure 9B–2. While two State DOTs, (W11–1 and W11–15) (numbered and change, the FHWA proposed to remove ATTSA, three bicycle associations, two titled in the 2003 MUTCD as Section the requirement that signs be placed a cities, and several citizens supported 9B.17 Bicycle Warning Sign (W11–1),) maximum of 6 feet from the near edge the proposed new sign, two State DOTs the FHWA in this final rule adopts the of a path. ATSSA, an NCUTCD member, and an NCUTCD member opposed it, NPA proposed OPTION statement and a citizen supported this change, stating that the application of the design permitting the use of the Combined while two State DOTs opposed this should be restricted to locations with Bicycle/Pedestrian (W11–15) sign where change. One of the commenters opposed speeds of less than 40 mph and that less both bicyclists and pedestrians might be this change, in part, because the change experienced cyclists will likely crossing the roadway, such as at an would cause the MUTCD to be in misunderstand the meaning of the intersection with a shared-use path. conflict with AASHTO guidance on message. Other commenters suggested Based on comments from the NCUTCD, bicycle facilities.206 The FHWA believes modifications to the sign design. The several DOTs and others, the design of that the AASHTO guide, which is FHWA adopts this new sign as proposed the sign adopted in this final rule is currently undergoing revision, will be in the NPA and accompanying text and changed from what was proposed in the changed to reflect changes in the figure, to provide jurisdictions with a NPA. Further discussion of this sign can MUTCD. The FHWA adopts the consistent sign design, along with be found above in the discussion of proposed changes in this final rule to be application information, for locations Chapter 2C. more consistent with Part 2 and to where it is important to inform road The FHWA also proposed in the NPA respond to feedback from practitioners users that the travel lanes are too narrow to permit a TRAIL X–ING (W11–15P) that the existing MUTCD standards for for bicyclists and motor vehicles to supplemental plaque to be mounted sign height and offset can restrict the operate side by side. below the W11–15 sign. A State DOT ability of agencies to effectively install 597. In Section 9B.09 Selective commented that they use a TRAIL signs on many shared-use path Exclusion Signs (numbered and titled in CROSSING word message warning sign locations. The FHWA also modifies the 2003 MUTCD as Section 9B.08 No (with the word ‘‘crossing’’ spelled out Figure 9B–1 to illustrate the minimum Bicycles Sign (R5–6)’’), the FHWA in rather than abbreviated). The FHWA vertical offset information for overhead this final rule adopts new text regarding does not adopt this word message sign signs. the exclusion of various designated in this final rule, but notes that agencies 595. In Section 9B.04, retitled Bike types of traffic from using particular are permitted to use word message Lane Signs and Plaques (R3–17, R3– roadways or facilities. As part of the warning signs that they feel are most 17aP, R3–17bP), the FHWA in this final change, the FHWA adopts No Skaters appropriate for their situation. A rule revises the STANDARD and (R9–13) and No Equestrians (R9–14) transportation consultant suggested that GUIDANCE statements to clarify that signs to the text and to Figure 9B–2. the supplemental plaque should be Bike Lane signs are not required along While the NCUTCD and ATSSA both allowed to be placed above or below the bicycle lanes, and to give agreed with the changes as proposed in W11–15 sign. The FHWA disagrees, recommendations on the placement of the NPA, a State DOT suggested that the because Section 2C.53 requires Bike Lane signs and plaques when they GUIDANCE be changed to an OPTION supplemental warning plaques to be are used. A city, an NCUTCD member, statement. The NCUTCD and another mounted below the primary sign unless and a citizen agreed with the revisions State DOT suggested that the section be otherwise allowed, and there is no as proposed in the NPA, while a State organized to be consistent with the documented reason to allow it to be DOT and a city preferred that bike lane comparable section in Chapter 2B. The above the W11–15 sign. Therefore the signs remain mandatory. Whether the FHWA agrees with the reorganization FHWA adopts the text as proposed in presence or absence of the Bicycle Lane suggestion and incorporates those the NPA. The FHWA adopts the sign provides a clearly measurable changes into the language adopted in proposed illustrations of the W11–15 benefit in indicating a designated this final rule. sign and W11–15P supplemental plaque bicycle lane has not been conclusively 598. In retitled Section 9B.11 Bicycle configuration in Figure 9B–3. These demonstrated. Amending the MUTCD to Regulatory Signs (R9–5, R9–6, R10–4, changes are consistent with Chapter 2C. make the use of Bicycle Lane signs with R10–24, R10–25, and R10–26) Finally, in the NPA the FHWA marked bicycle lanes an optional, rather (numbered Section 9B.10 in the 2003 proposed changing paragraph 06 to a than a mandatory, condition provides MUTCD) the FHWA in this final rule is GUIDANCE to recommend, rather than flexibility for jurisdictions that do not adopting information about three new merely allow, that the W11–15 sign and desire to use the Bicycle Lane sign, signs for bicycle pushbuttons, consistent W11–15P supplemental plaques have a without restricting the ability of with similar text adopted in Chapter 2B. fluorescent yellow-green background jurisdictions that prefer to use the signs The FHWA received a comment from color with a black legend and border. to continue to do so. These changes are the NCUTCD in support of this change The FHWA received comments from a consistent with the changes to the as proposed in the NPA, but suggesting State DOT, a city, and a member of the that paragraph 4 be expanded to allow NCUTCD opposed to this proposed 206 ‘‘Guide for the Development of Bicycle the use of the PUSH BUTTON TO recommendation, because either the Facilities’’, 1999, by the American Association of TURN ON WARNING LIGHTS (with agency reserves the use of the State Highway and Transportation Officials pushbutton symbol) (R10–25) sign in fluorescent yellow-green background (AASHTO), is available for purchase from AASHTO at the following Internet Web site: https:// other appropriate locations where other color for school-related uses or because bookstore.transportation.org/. types of beacons or lights are used for they feel that the research does not

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00129 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66858 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

support safety or operational benefits to Figure 9B–4. The FHWA received many 9. The FHWA also deletes the M4–12 support the making of fluorescent comments from NCUTCD members, and M4–13 plaques from this section yellow-green background colors a ATSSA, State and local DOTs, and Figure 9B–4 because these recommended condition. As a result of associations, and citizens in support of duplicate the M4–6 and M4–5 auxiliary these comments, along with comments the signs in Figure 9B–4. signs. In addition, the FHWA deletes the regarding similar issues in Part 2, the 602. In Section 9B.21 Bicycle Route M7 series arrow plaques from this FHWA adopts this paragraph as an Signs (M1–8, M1–8a, M1–9) (numbered section and Figure 9B–4 because these OPTION for consistency with Section Section 9B.20 in the 2003 MUTCD), the duplicate the new sizes of the M5 and 2C.03 FHWA in this final rule adopts the NPA M6 auxiliary signs. The FHWA also 600. In Section 9B.19 Other Bicycle proposed Bicycle Route (M1–8a) sign adds a size of 12 x 6 inches for selected Warning Signs (Section 9B.18 in the that retains the clear, simple, and M3 and M4 series auxiliary signs, and 2003 MUTCD), the FHWA adopts in this uniform design of the M1–8 sign, but a size of 12 x 9 inches for all M5 and final rule the NPA proposed change in provides an area near the top of the M6 series auxiliary signs, and refers to the legend on the W5–4a sign from panel to include a pictograph or words these smaller sizes in this section, Table ‘‘BIKEWAY NARROWS’’ to ‘‘PATH that are associated with the route or 9B–1, and Figure 9B–4. These changes NARROWS.’’ The FHWA adopts this with the agency that has jurisdiction will ensure that route auxiliary change because shared-use paths are the over the route. The M1–8 sign remains designations are consistent between Part only bikeway type on which the W5–4a in the MUTCD for use when agencies do 2 and Part 9. The FHWA received a sign is used, therefore, use on other not wish to use a distinctive pictograph, comment from an NCUTCD member in types of bikeways would be symbol, or wording. support of the changes to this section inappropriate or confusing, and should In addition, the FHWA adopts the proposed in the NPA. A State DOT not be encouraged. An NCUTCD proposed change of paragraph 04 to a recommended that supplementary member and a citizen agreed with this GUIDANCE to recommend, rather than plaques be restricted from exceeding the proposed change. In conjunction with merely permit, that a U.S. Bicycle Route width of the sign they supplement, this change in the text, the FHWA number designation be requested from however the FHWA feels that this adopts appropriate changes in Table AASHTO for a designated bicycle route restriction is not necessary, because 9B–1. that extends through two or more States. agencies do not tend to use plaques that 601. In Section 9B.20 Bicycle Guide The FHWA also adopts in this are wider than the sign that they Signs (D1–1b, D1–1c, D1–2b, D1–2c, GUIDANCE the text relocated from the accompany as long as the available D1–3b, D1–3c, D11–1, D11–1c) definition of ‘‘designated bicycle route’’ plaque sizes enable choosing a plaque of (numbered and titled in the 2003 in Section 9A.03 regarding continuous equal or less width. MUTCD as Section 9B.19 Bicycle Route routing of bicycle routes, as discussed Guide Signs (D11–1),) the FHWA above in item 593. 604. The FHWA adopts in this final proposed in the NPA to add several new Finally, the FHWA adopts the revised rule the three new sections proposed in signs, along with information on their design of the U.S. Bike Route Sign in the NPA following Section 9B.23 use. These changes would provide Figure 9B–4 so that a larger bicycle is Bicycle Parking Area Sign (D4–3) flexibility and potentially reduce costs shown on the top part of the sign with (Section 9B.22 in the 2003 MUTCD). for signing bicycle routes in urban areas a smaller number below it. The reason New Section 9B.24 Reference Location where multiple routes intersect or for the change is to present an Signs (D10–1 through D10–3) and overlap. A State DOT, an NCUTCD immediate impression of a ‘‘bicycle Intermediate Reference Location Signs member, two associations, and a citizen numbered route’’ rather than a (D10–1a through D10–3a) contains all agreed with the changes. While a city ‘‘highway numbered route which can information regarding the use of these generally supported the signs, it also be used by bicyclists’’ and to signs on shared-use paths. Reference questioned whether the details of the provide consistency with AASHTO’s Location signs (formerly called Bike Route Designation signs needed to recommended design for the sign. The mileposts) have been defined in Chapter be required through the use of FHWA received two comments in 2D of the MUTCD since 1971, and have STANDARD statements. The FHWA support of the proposed changes to this proven extraordinarily valuable for believes that the level of detail is section; however a State DOT traveler information, maintenance and needed to make sure that agencies commented that they preferred the old operations, emergency response, and design the signs properly and M1–9 sign with the route number larger numerous other applications. The linear consistently. A State DOT than the bicycle symbol and above the nature of many shared-use paths also recommended that these signs be used symbol. The FHWA believes that the naturally lends itself to the application only on shared use paths, not on larger bike symbol with smaller route of Reference Location signs. Defining a roadways. The FHWA believes that the number will deter motorists from standard and uniform design provides bicycle symbol on the signs mistaking the sign for a vehicle route more uniform traveler guidance, reduces distinguishes them from destination number when observing the sign from a the proliferation of non-standard signs for motorists, however to be clear, distance and adopts in this final rule the reference location signs, and encourages in this final rule the FHWA adopts a image as proposed in the NPA. the use of these signs where desirable recommendation that the smaller bike 603. The FHWA in this final rule and appropriate. The signs are designation signs should not be used as revises the content of Section 9B.22 proportionately sized for the lower a substitute for the larger vehicular Bicycle Route Sign Auxiliary Plaques operating speeds of shared-use paths, destination signs when the message is (numbered and titled in the 2003 using a 6-inch wide panel with 4.5 inch also intended to be seen by motorists. MUTCD as Section 9B.21 Destination numerals. The text is adapted directly Along with additional text regarding the Arrow and Supplemental Plaque Signs from Section 2H.05 defining the use of use of the Alternative Bike Route Guide for Bicycle Route Signs) considerably. these signs for conventional roadways. (D11–1c) and Bicycle Destination signs As part of the changes, the FHWA Although the FHWA received comments (D1–1b, D1–1c, D1–2b, D1–2c, D1–3b, revises the size and design of the M4– from ATSSA, an NCUTCD member, and and D1–3c), the FHWA adopts the 11 BEGIN plaque to be consistent with a citizen in support of this proposed various new signs to Table 9B–1 and similar M4 series auxiliary signs in Part new section, the NCUTCD, several

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00130 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66859

bicycle associations, a city and a citizen standard size of 12 & 36 inches for many of the U.S. Bicycle Route (M1–9) sign to opposed paragraph 10 that applications, and will provide adequate 12 x 18 inches for use on paths to make recommended that the zero distance visibility and target value at pathway the size of this sign consistent with the should begin at the south and west speeds. M1–8 and M1–8a signs. terminus points, because it does not 607. The FHWA adopts several 608. In Section 9C.03 Marking allow for needed flexibility for local changes to Table 9B–1 in this final rule Patterns and Colors on Shared-Use agencies in setting up reference marker based on comments to the docket. The Paths, the FHWA in this final rule systems on paths. Because deviations NCUTCD, a State DOT, a city, bicycle relocates the last five paragraphs that from a recommendation are permitted if associations, and citizens provided were in this section in the 2003 MUTCD there is a good engineering reason to do comments regarding the R3–17 sign and to new Section 9B.26, as discussed in so, the FHWA adopts the language R3–17a and R3–17b plaques. As a result, item 606 above. regarding the zero distance in this final the FHWA changes the name of the sign In the NPA, the FHWA proposed to rule. A city suggested that placing the to ‘‘Bike Lane’’ to be consistent with the expand paragraph 05 to describe that a details for the design of the reference actual wording on the sign and changes solid white line may be used on shared- location in a STANDARD statement was the minimum size of the roadway size use paths to separate different types of excessive; however, the FHWA believes for the R3–17 sign to 24 x 18 inches and users traveling in the same direction. that these requirements are necessary to the sizes of the corresponding R3–17aP Because pedestrian use in designated make sure that agencies design the signs and R3–17bP plaques to 24 x 8 inches. portions of shared-use paths is typically properly. In addition to adopting Based on comments from the bi-directional, the NCUTCD, a State revisions the text, the FHWA adopts NCUTCD, a State DOT, and a bicycle DOT, two cities, and several bicycle revisions to Figure 9B–4 and Table 9B– association, the FHWA changes the associations and citizens opposed the 1 to include the use of these signs. minimum shared-use path size for the expanded description. The FHWA 605. The FHWA adopts in this final R5–6 sign to 18 x 18 inches. The FHWA agrees and does not adopt the phrase rule a second new section, Section does not agree with comments to reduce ‘‘traveling in the same direction’’ in this 9B.25 Mode-Specific Guide Signs for the size of the roadway size of this sign, final rule. Shared-Use Paths (D11–1a, D11–2, D11– because there are more distractions from 609. In Section 9C.04 Markings for 3, D11–4), that contains information other signs and traffic control devices in Bicycle Lanes, the FHWA in this final regarding the use of signs to guide a roadway environment, and therefore rule incorporates several changes to this different types of users to separate retains the minimum size of 24 x 24 Section to correspond with changes to pathways where they are available. The inches for roadway uses in this final the definition of ‘‘bicycle lane’’ in 2003 MUTCD provided tools only to rule. Section 1A.13 and signs and plaques for prohibit user types, not to show which The NCUTCD and several associations bike lanes in Section 9B.04 (item 595 user types are permitted. As a result, suggested that the name of the W10–1 above). A State DOT, a city, and an jurisdictions commonly installed varied, sign be changed to ‘‘Grade Crossing NCUTCD member all supported the non-standard mode permission signs. Advance Warning’’ to be consistent with changes to this section that indicate that The changes adopted are intended to the description of the W10–1 sign in bike lane signs are optional. provide clarity and uniformity for Chapter 8B. The FHWA agrees and Based on a comment from a State mode-specific guide signs on shared-use adopts this change in this final rule. In DOT, the FHWA adopts expanded paths by adding four new signs to the addition, the NCUTCD, a State DOT, paragraphs 06 and 07 to include MUTCD. The FHWA received two cities, and several associations and information regarding the marking of comments from an NCUTCD member citizens suggested that the size of the bike lanes in the vicinity of left-turn and a citizen in support of this proposed W10–1 on shared-use paths be reduced. lanes as well as right-turn lanes, for new section. In addition to adopting the The FHWA agrees and changes the consistency with other provisions in new signs in Figure 9B–4 and Table 9B– diameter of the W10–1 sign to 24 inches Part 9. 1, the FHWA adopts the proposed for use on shared-use paths. In the NPA, the FHWA proposed to Figure 9B–8 ‘‘Example of Mode-Specific Based on comments from the expand the last STANDARD statement Guide Signing on a Shared-Use Path’’ to NCUTCD and several associations, the to include ‘‘other circular intersections’’ illustrate the use of the proposed signs. FHWA adopts a row for the W10–9P No as locations where bicycle lanes are 606. The FHWA adopts in this final Train Horn plaque (12 x 9 inches) and prohibited. Although the FHWA’s intent rule a new Section 9B.26 Object a row for the W16–2aP XX Feet plaque was to clarify that in addition to being Markers. This section contains relocated (18 x 9 inches) for use on shared-use prohibited on the circular roadway of a text and figures from Section 9C.03 of paths. roundabout, bicycle lanes are not to be the 2003 MUTCD, to be consistent with The NCUTCD and several associations provided on the circular roadway of a similar move of object markers from suggested that the name of the M1–8 other circular intersections, the Part 3 to Part 2. The FHWA received a and M1–8a signs be changed to NCUTCD and several bicycle comment from an NCUTCD member in ‘‘Numbered Bicycle Route’’ to be associations objected to the statement, favor of this change. The NCUTCD and consistent with the intended application since there are certain types of larger a State DOT suggested that the object of these signs and to reduce confusion circular intersections (such as ones with markers be included in a figure so in with other non-numbered bicycle route significant distances between exits and this final rule the FHWA includes them signs. The FHWA agrees and adopts the entrances) where bike lanes may be in Figure 9B–3 and adds the smaller size name change in this final rule. In appropriate based on engineering object markers to Table 9B–1. Based on addition, based on comments from the judgment. The FHWA agrees and does comments from the NCUTCD and a NCUTCD, a State DOT, and several not adopt the phrase ‘‘other circular State DOT, the FHWA also adopts an associations, the FHWA revises the size intersections’’ in this final rule. option to use a proportionately smaller of the roadway M1–8 and M1–8a signs 610. The FHWA in this final rule (6 x 18 inches) version of the Type 3 to 18 x 24 inches for greater visibility. adopts the proposed new section at the object marker for use on shared-use Finally, based on comments from the end of Chapter 9C numbered and titled paths. This smaller size will be more NCUTCD, a State DOT, and several Section 9C.07 Shared Lane Marking. useful and appropriate than the associations, the FHWA revises the size This section contains OPTION,

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00131 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66860 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

GUIDANCE, and STANDARD the edge of the pavement where there is procedures. The economic impact of statements regarding the use of a no curb. Some commenters felt that the this rulemaking will be minimal. Most proposed new Shared Lane Marking. 4-foot distance was too close to the curb, of the changes in this final rule provide This pavement marking indicates the while others stated that it is preferable additional guidance, clarification, and appropriate bicyclist line of travel, and to install the marking closer to the curb. optional applications for traffic control cues motorists to pass with sufficient The FHWA in this final rule adopts the devices. The FHWA believes that the clearance, and is based on field research language as proposed in the NPA, uniform application of traffic control conducted in San Francisco, CA.207 The because it is a recommendation for devices will greatly improve the traffic purpose of this marking is to reduce the minimum lateral clearances, therefore operations efficiency and roadway number and severity of bicycle- engineering judgment can be used if safety. The standards, guidance, and vehicular crashes, particularly crashes slightly reduced lateral distances are support are also used to create involving bicycles colliding with more appropriate, while larger lateral uniformity and to enhance safety and suddenly opened doors of parked clearances can also be implemented. mobility at little additional expense to vehicles. The FHWA received two The FHWA also received comments public agencies or the motoring public. comments from NCUTCD members, from three cities and from a In addition these changes do not create three State DOTs, four local transportation consultant regarding the a serious inconsistency with any other jurisdictions, four bicycle associations, recommended spacing interval between agency’s action or materially alter the and eight citizens in support of this the Shared Lane Markings. Some budgetary impact of any entitlements, proposed new section. commenters felt that a 250-foot spacing grants, user fees, or loan programs. Two State DOTs and one bicycle was too close and some felt that there Therefore, a full regulatory evaluation is association expressed concern regarding should not be a recommended spacing not required. paragraph 02 that recommends that the interval at all. The FHWA believes that Regulatory Flexibility Act shared lane marking not be placed on it is important to space the markings no roadways with a speed limit above 35 more than 250 feet apart so that users In compliance with the Regulatory mph. Because the 35 mph speed limit is can see the next marking from the Flexibility Act (Pub. L. 96–354, 5 U.S.C. a recommendation, agencies may previous one, so the FHWA adopts the 601–612), the FHWA has evaluated the impose a lower maximum speed limit recommended 250-foot interval spacing effects of these changes on small criterion on the use of this marking if in this final rule. Since this is a entities. This final rule adds some there is a good engineering reason to do recommended maximum spacing, alternative traffic control devices and so, therefore the FHWA adopts the agencies are free to space the markings only a very limited number of new or proposed wording in this final rule. at closer intervals if they feel it is changed requirements. Most of the A State DOT, a local DOT, two cities, appropriate. changes are expanded guidance and two bicycle associations, and a citizen Finally, several commenters clarification information. The FHWA expressed concern regarding the expressed confusion, or the need for hereby certifies that this action will not proposed requirement in the NPA clarity, between the use of the Shared have a significant economic impact on regarding the placement of the shared Lane Marking and the Bicycles May Use a substantial number of small entities. lane marking when used in a shared Full Lane (R4–11) sign. The marking Unfunded Mandates Reform Act of 1995 lane with on-street parallel parking. The and the sign are two separate devices, This rule does not impose unfunded commenters felt that the measurements however the FHWA adopts a SUPPORT mandates as defined by the Unfunded should be recommendations, rather than statement in this final rule providing a Mandates Reform Act of 1995 (Pub. L. requirements, in order to give agencies cross reference to the Bicycles May Use 104–4, 109 Stat. 48, March 22, 1995). flexibility in placement of the marking. Full Lane sign and clarifies that the two The revisions directed by this action can The FHWA agrees and in this final rule devices are not required to be used be phased in by the States over specified adopts these measurements as a together. In addition to the text, the time periods in order to minimize GUIDANCE statement in paragraph 04. FHWA in this final rule illustrates the hardship. The changes made to traffic The FHWA reiterates, however, that the appropriate design of the marking in control devices that would require an text provides a minimum distance from adopted Figure 9C–9 Shared Lane expenditure of funds all have future the center of the marking to the face of Marking. curb or edge of pavement where there is effective dates sufficiently long to allow no curb, so agencies are free to place the Discussion of Amendments to Appendix normal maintenance funds to replace markings at a greater distance if there is 611. As previously discussed in this the devices at the end of the material a good engineering reason to do so. preamble under General Amendments life-cycle. To the extent the revisions The FHWA received comments from to the MUTCD, in this final rule the require expenditures by the State and a State DOT, two cities, a bicycle FHWA places information in a new local governments on Federal-aid association and a citizen regarding the Appendix A2, with metric equivalent projects, they are reimbursable. This recommendation in paragraph 05 that values for all English unit values used does not impose a Federal mandate on a street without on-street parking in the MUTCD. resulting in the expenditure by State, that has an outside travel lane that is local, and tribal governments, in the less than 14 feet wide, the centers of the Rulemaking Analysis and Notices aggregate, or by the private sector, of Shared Lane Markings should be at least Executive Order 12866 (Regulatory $128.1 million or more in any one year 4 feet from the face of the curb, or from Planning and Review) and U.S. DOT (2 U.S.C. 1532). Regulatory Policies and Procedures Executive Order 13132 (Federalism) 207 ‘‘San Francisco’s Shared Lane Pavement Markings: Improving Bicycle Safety,’’ Final Report, The FHWA has determined that this This action has been analyzed in February 2004, prepared for the City of San action is not a significant regulatory accordance with the principles and Francisco Department of Traffic and Parking by Alta action within the meaning of Executive criteria contained in Executive Order Planning and Design can be viewed at the following Internet Web site: http://www.sfmta.com/cms/ Order 12866 or significant within the 13132 dated August 4, 1999, and the uploadedfiles/dpt/bike/Bike_Plan/Shared%20 meaning of U.S. Department of FHWA has determined that this action Lane%20Marking%20Full%20Report-052404.pdf. Transportation regulatory policies and does not have sufficient federalism

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00132 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66861

implications to warrant the preparation from the Office of Management and 104, 109(d), 114(a), 217, 315, and 402(a), of a federalism assessment. The FHWA Budget for each collection of and as discussed in the preamble, the has also determined that this information they conduct, sponsor, or FHWA amends title 23, Code of Federal rulemaking will not preempt any State require through regulations. The FHWA Regulations as follows: law or State regulation or affect the has determined that this action does not States’ ability to discharge traditional contain collection information PART 634—[REMOVED AND State governmental functions. The requirements for purposes of the PRA. RESERVED] MUTCD is incorporated by reference in Executive Order 12988 (Civil Justice ■ 1. Remove Part 634 . 23 CFR part 655, subpart F. These Reform) amendments are in keeping with the PART 655—TRAFFIC OPERATIONS Secretary of Transportation’s authority This action meets applicable standards in sections 3(a) and 3(b)(2) of under 23 U.S.C. 109(d), 315, and 402(a) ■ 2. The authority citation for part 655 Executive Order 12988, Civil Justice to promulgate uniform guidelines to continues to read as follows: promote the safe and efficient use of the Reform, to minimize litigation, to highway. The overriding safety benefits eliminate ambiguity, and to reduce Authority: 23 U.S.C. 101(a), 104, 109(d), burden. 114(a), 217, 315, and 402(a); 23 CFR 1.32; of the uniformity prescribed by the and, 49 CFR 1.48(b). MUTCD are shared by all of the State Executive Order 13045 (Protection of and local governments, and changes Children) ■ 3. Revise paragraph (a) of § 655.601, to made to this rule are directed at read as follows: The FHWA has analyzed this action enhancing safety. To the extent that under Executive Order 13045, § 655.601 Purpose. these amendments override any existing Protection of Children from State requirements regarding traffic * * * * * Environmental Health Risks and Safety (a) Manual on Uniform Traffic Control control devices, they do so in the Risks. The FHWA certifies that this interest of national uniformity. Devices for Streets and Highways action does not concern an (MUTCD), 2009 Edition, FHWA, dated Executive Order 13175 (Tribal environmental risk to health or safety November 4, 2009. This publication is Consultation) that may disproportionately affect incorporated by reference in accordance The FHWA has analyzed this action children. with 5 U.S.C. 552(a) and 1 CFR part 51 under Executive Order 13175, dated Executive Order 12630 (Taking of and is on file at the National Archives November 6, 2000, and believes that it Private Property) and Records Administration (NARA). will not have substantial direct effects The FHWA does not anticipate that For information on the availability of on one or more Indian tribes; will not this action will affect a taking of private this material at NARA call (202) 741– impose substantial direct compliance property or otherwise have taking 6030, or go to http://www.archives.gov/ costs on Indian tribal governments; and Federal_register/code_of_ implications under Executive Order _ _ will not preempt tribal law. Therefore, 12630, Governmental Actions and Federal regulations/ibr locations.html. a tribal summary impact statement is Interference with Constitutionally It is available for inspection and not required. Protected Property Rights. copying at the Federal Highway Administration, 1200 New Jersey Executive Order 13211 (Energy Effects) National Environmental Policy Act Avenue, SE., Washington, DC 20590, The FHWA has analyzed this final The agency has analyzed this final telephone 202–366–1993, as provided in rule under Executive Order 13211, rule for the purpose of the National 49 CFR part 7. The text is also available Actions Concerning Regulations That Environmental Policy Act of 1969 (42 from the FHWA Office of Operations Significantly Affect Energy Supply, U.S.C. 4321–4347) and has determined Web site at: http//mutcd.fhwa.dot.gov. Distribution, or Use. We have that it does not have any effect on the * * * * * determined that it is not a significant quality of the environment. energy action under that order because ■ 4. In § 655.603, revise paragraph (a) to it is not a significant regulatory action Regulation Identification Number read as follows: under Executive Order 12866 and is not A regulation identification number § 655.603 Standards. likely to have a significant adverse effect (RIN) is assigned to each regulatory (a) National MUTCD. The MUTCD on the supply, distribution, or use of action listed in the Unified Agenda of approved by the Federal Highway energy. Therefore, a Statement of Energy Federal Regulations. The Regulatory Administrator is the national standard Effects under Executive Order 13211 is Information Service Center publishes for all traffic control devices installed not required. the Unified Agenda in April and on any street, highway, or bicycle trail October of each year. The RIN contained Executive Order 12372 open to public travel in accordance with in the heading of this document can be (Intergovernmental Review) 23 U.S.C. 109(d) and 402(a). For the used to cross reference this action with purpose of MUTCD applicability, open Catalog of Federal Domestic the Unified Agenda. Assistance program Number 20.205, to public travel includes toll roads and Highway Planning and Construction. List of Subjects in 23 CFR Part 655 roads within shopping centers, airports, The regulations implementing Executive Design standards, Grant programs— sports arenas, and other similar business Order 12372 regarding Transportation, Highways and roads, and/or recreation facilities that are intergovernmental consultation on Incorporation by reference, Signs, privately owned but where the public is Federal programs and activities apply to Traffic regulations. allowed to travel without access this program. restrictions. Except for gated toll roads, Issued on: November 18, 2009. roads within private gated properties Paperwork Reduction Act Jeffrey F. Paniati, where access is restricted at all times are Under the Paperwork Reduction Act Executive Director. not included in this definition. Parking of 1995 (PRA) (44 U.S.C. 3501, et seq.), ■ In consideration of the foregoing, areas, driving aisles within parking Federal agencies must obtain approval under the authority of 23 U.S.C 101(a), areas, and private highway-rail grade

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00133 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 66862 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations

crossings are also not included in this Appendix to Subpart F of Part 655— definition. [Amended] * * * * * ■ 5. In Table 1 is amended by revising the daytime chromaticity coordinates for the color Purple as follows:

TABLE 1 TO APPENDIX TO PART 655, SUBPART F—DAYTIME COLOR SPECIFICATION LIMITS FOR RETROREFLECTIVE MATERIAL WITH CIE 2° STANDARD OBSERVER AND 45/0 (0/45) GEOMETRY AND CIE STANDARD ILLUMINANT D65

1 2 3 4 Color x y x y x y x y

******* Purple ...... 0.302 0.064 0.310 0.210 0.380 0.255 0.468 0.140

* * * * * ■ 6. Table 2 is amended by adding the nighttime chromaticity coordinates for the color Purple as follows:

TABLE 2 TO APPENDIX TO PART 655, SUBPART F—NIGHTTIME COLOR SPECIFICATION LIMITS FOR RETROREFLECTIVE MA- TERIAL WITH CIE 2° STANDARD OBSERVER AND OBSERVATION ANGLE OF 0.33°, ENTRANCE ANGLE OF +5° AND CIE STANDARD ILLUMINANT A

1 2 3 4 Color x y x y x y x y

******* Purple ...... 0.355 0.088 0.385 0.288 0.500 0.350 0.635 0.221

■ 7. Table 3 is amended by revising the adding after Fluorescent Pink the color chromaticity coordinates, for daytime chromaticity coordinates for Fluorescent Red and its daytime retroreflective sign material as follows: the color Fluorescent Pink, and by

TABLE 3 TO APPENDIX TO PART 655, SUBPART F—DAYTIME COLOR SPECIFICATION LIMITS FOR FLUORESCENT RETROREFLECTIVE MATERIAL WITH CIE 2° STANDARD OBSERVER AND 45/0 (0/45) GEOMETRY AND CIE STANDARD ILLUMINANT D65

1 2 3 4 5 Color x y x y x y x y x y

******* Fluorescent Pink...... 0.600 0.340 0.450 0.332 0.430 0.275 0.536 0.230 0.644 0.221 Fluorescent Red...... 0.666 0.334 0.613 0.333 0.671 0.275 9.735 0.265 ......

■ 8. Table 3A is amended by adding retroreflective sign material as follows: Material with CIE 2° Standard Observer after Fluorescent Pink the color Table 3A to Appendix to Part 655, and 45/0 (0/45) Geometry and CIE Fluorescent Red and its daytime Subpart F—Daytime Luminance Factors Standard Illuminant D65. luminance factor limits for (%) for Fluorescent Retroreflective

Color Min Max YF

******* Fluorescent Red ...... 20 30 15

■ 9. Table 4 is amended by adding after coordinates for retroreflective sign Fluorescent Green the color Fluorescent material as follows: Red and its nighttime chromaticity

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00134 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations 66863

TABLE 4 TO APPENDIX TO PART 655, SUBPART F—NIGHTTIME COLOR SPECIFICATION LIMITS FOR FLUORESCENT RETROREFLECTIVE MATERIAL WITH CIE 2° STANDARD OBSERVER AND OBSERVATION ANGLE OF 0.33°, ENTRANCE ANGLE OF +5° AND CIE STANDARD ILLUMINANT A

1 2 3 4 Color x y x y x y x y

******* Fluorescent Red...... 0.680 0.320 0.645 0.320 0.712 0.253 0.735 0.265

■ 10. Table 5 is amended by adding after coordinates for Purple retroreflective the color Blue the daytime chromaticity pavement marking material as follows:

TABLE 5 TO APPENDIX TO PART 655, SUBPART F—DAYTIME COLOR SPECIFICATION LIMITS FOR RETROREFLECTIVE PAVE- MENT MARKING MATERIAL WITH CIE 2° STANDARD OBSERVER AND 45/0 (0/45) GEOMETRY AND CIE STANDARD IL- LUMINANT D65

1 2 3 4 Color x y x y x y x y

******* Purple ...... 0.300 0.064 0.309 0.260 0.362 0.295 0.475 0.144

■ 11. Table 5A is amended by adding retroreflective pavement marking after the color Blue the daytime material as follows: luminance factors for Purple

TABLE 5A TO PART 655, SUBPART F—DAYTIME LUMINANCE FACTORS (%) FOR RETROREFLECTIVE PAVEMENT MARKING MATERIAL WITH CIE 2° STANDAR OBSERVER AND 45/0 (0/45) GEOMETRY AND CIE STANDARD ILLUMINANT D65

Color Min Max

******* Purple ...... 5 15

■ 12. Table 6 is amended by adding after retroreflective pavement marking the color Yellow, the nighttime material as follows: chromaticity coordinates for Purple

TABLE 6 TO APPENDIX TO PART 655, SUBPART F—NIGHTTIME COLOR SPECIFICATION LIMITS FOR RETROREFLECTIVE PAVEMENT MARKING MATERIAL WITH CIE 2° STANDARD OBSERVER, OBSERVATION ANGLE OF 1.05°, ENTRANCE ANGLE OF +88.76° AND CIE STANDARD ILLUMINANT A

1 2 3 4 Color x y x y x y x y

******* Purple ...... 0.338 0.080 0.425 0.365 0.470 0.385 0.635 0.221

[FR Doc. E9–28322 Filed 12–15–09; 8:45 am] BILLING CODE 4910–22–P

VerDate Nov<24>2008 15:05 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00135 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER2.SGM 16DER2 WReier-Aviles on DSKGBLS3C1PROD with RULES2 Wednesday, December 16, 2009

Part III

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Partial 90-Day Finding on a Petition to List 475 Species in the Southwestern United States as Threatened or Endangered With Critical Habitat; Proposed Rule

VerDate Nov<24>2008 16:19 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66866 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

DEPARTMENT OF THE INTERIOR ES-2008-0131; Division of Policy and scientific or commercial information Directives Management; U.S. Fish and you include. Fish and Wildlife Service Wildlife Service; 4401 N. Fairfax Drive, If, after the status review, we Suite 222; Arlington, VA 22203. determine that listing any of the 67 50 CFR Part 17 We will post all information received species is warranted, we will propose [Docket No. FWS–R2–ES–2008–0130] on http://www.regulations.gov. This critical habitat (see definition in section [92210–1111–0000–B2] generally means that we will post any 3(5)(A) of the Act) to the maximum personal information you provide us extent prudent and determinable at the Endangered and Threatened Wildlife (see the Request for Information section time we propose to list the species. and Plants; Partial 90-Day Finding on below for more information). Therefore, within the geographical range a Petition to List 475 Species in the FOR FURTHER INFORMATION CONTACT: currently occupied by each of these 67 Southwestern United States as Nancy Gloman, Assistant Regional species, we request data and Threatened or Endangered with Critical Director, Southwest Regional Ecological information on: (1) what may constitute ‘‘physical or Habitat Services Office, 500 Gold Avenue SW, biological features essential to the Albuquerque, NM 87102; telephone AGENCY: Fish and Wildlife Service, conservation of the species’’; Interior. 505/248-6920; facsimile 505/248-6788. (2) where these features are currently If you use a telecommunications device ACTION: Notice of 90–day petition found; and finding. for the deaf (TDD), please call the (3) whether any of these features may Federal Information Relay Service require special management SUMMARY: We, the U.S. Fish and (FIRS) at 800-877-8339. considerations or protection. Wildlife Service (Service), announce a SUPPLEMENTARY INFORMATION: In addition, we request data and 90–day finding on 192 species from a Request for Information information on ‘‘specific areas outside petition to list 475 species in the the geographical area occupied by the southwestern United States as When we make a finding that a species’’ that are ‘‘essential to the threatened or endangered under the petition presents substantial conservation of the species.’’ Please Endangered Species Act of 1973, as information indicating that listing a provide specific comments and amended (Act). For 125 of the 192 species may be warranted, we are information as to what, if any, critical species, we find that the petition did not required to promptly review the status habitat you think we should propose for present substantial information of the species (status review). For the designation if the species is proposed indicating that listing may be warranted. status review to be complete and based for listing, and why such habitat meets Based on our review, we find that the on the best available scientific and the requirements of section 3(5)(A) and petition presents substantial scientific commercial information, we request section 4(b) of the Act. or commercial information indicating information on each of the 67 species Submissions merely stating support that listing may be warranted for 67 of from governmental agencies, Native for or opposition to the action under the 192 species. Therefore, with the American Tribes, the scientific consideration without providing publication of this notice, we are community, industry, and any other supporting information, although noted, initiating a status review of the 67 interested parties. For each of the 67 will not be considered in making a species to determine if listing is species, we seek information on: determination. Section 4(b)(1)(A) of the warranted. To ensure that the status (1) The species’ biology, range, and Act of 1973, as amended (Act) (16 review is comprehensive, we are population trends, including: U.S.C. 1533 (b)(1)(A)) directs that requesting scientific and commercial (a) Habitat requirements for feeding, determinations as to whether any data and other information regarding breeding, and sheltering; species is an endangered or threatened these 67 species. Based on the status (b) Genetics and taxonomy; species must be made ‘‘solely on the review, we will issue a 12–month (c) Historical and current range basis of the best scientific and finding on the petition, which will including distribution patterns; commercial data available.’’ address whether the petitioned action is (d) Historical and current population You may submit your information warranted, as provided in the Act. levels, and current and projected trends; concerning this status review by one of DATES: To allow us adequate time to and the methods listed in the ADDRESSES conduct a status review, we request that (e) Past and ongoing conservation section. If you submit information via we receive information on or before measures for the species or its habitat. http://www.regulations.gov, your entire February 16, 2010. After this date, you (2) The five factors that are the basis submission—including any personal must submit information directly to the for making a listing determination for a identifying information—will be posted Southwest Regional Ecological Services species under section 4(a) of the Act (16 on the website. If you submit a Office (see FOR FURTHER INFORMATION U.S.C. 1531 et seq.), which are: hardcopy that includes personal CONTACT section below). Please note that (a) The present or threatened identifying information, you may we may not be able to address or destruction, modification, or request at the top of your document that incorporate information that we receive curtailment of its habitat or range; we withhold this information from after the above requested date. (b) Overutilization for commercial, public review. However, we cannot ADDRESSES: You may submit recreational, scientific, or educational guarantee that we will be able to do so. information by one of the following purposes; We will post all hardcopy submissions methods: (c) Disease or predation; on http://www.regulations.gov. • Federal rulemaking Portal: http:// (d) The inadequacy of existing Information and supporting www.regulations.gov. Search for Docket regulatory mechanisms; or documentation that we received and no. FWS-R2-ES-2008-0130 and then (e) Other natural or manmade factors used in preparing this finding will be follow the instructions for submitting affecting its continued existence. available for you to review at http:// comments. Please include sufficient information www.regulations.gov, or you may make • U.S. Mail or hand delivery: Public with your submission (such as full an appointment during normal business Comments Processing, Attn: FWS-R6- references) to allow us to verify any hours at the U.S. Fish and Wildlife

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66867

Service, Southwest Regional Ecological threatened or endangered, and that we m. eremus to a full species, C. eremus. Services Office (see FOR FURTHER designate critical habitat concurrently The species is listed as endangered INFORMATION CONTACT). with the listing. The petition clearly throughout its range, so we did not identified itself as a petition and consider it as part of this petition. Background included the information required in 50 Ramsey Canyon leopard frog (Rana Section 4(b)(3)(A) of the Act requires CFR 424.14(a). We acknowledged subaquavocalis) is no longer recognized that we make a finding on whether a receipt of the petition in a letter dated as a distinct species (Crother 2008, p. 7). petition to list, delist, or reclassify a November 26, 2008. Pediomelum Rather, it is considered to be species presents substantial scientific or pentaphyllum was also included in the synonymous with the Chiricahua commercial information indicating that June 18, 2007, petition. This finding leopard frog (Lithobates [=Rana] a petitioned action may be warranted. will evaluate information in both chiricahuensis). The Chiricahua leopard We are to base this finding on petitions concerning P. pentaphyllum. frog is listed as threatened throughout information provided in the petition, On March 19, 2008, WildEarth its range, and any populations formerly supporting information submitted with Guardians filed a complaint indicating known as Ramsey Canyon leopard frog the petition, and information otherwise that the Service failed to comply with are thus now listed as threatened. readily available in our files. To the its mandatory duty to make a On December 13, 2007, we made a maximum extent practicable, we are to preliminary 90–day finding on the June 12–month finding that the Jollyville make this finding within 90 days of our 18, 2007, petition to list 475 southwest Plateau salamander (Eurycea tonkawae) receipt of the petition and publish our species. We subsequently published an warrants listing, but that listing is notice of this finding promptly in the initial 90–day finding for 270 of the 475 precluded by higher listing priorities (72 Federal Register. petitioned species on January 6, 2009, FR 71040), thus rendering the species to Our standard for substantial concluding that the petition did not candidate status. Similarly, on information within the Code of Federal present substantial information that December 6, 2007, we published our Regulations (CFR) with regard to a 90– listing of those species may be annual review of native species that are day petition finding is ‘‘that amount of warranted (74 FR 419). On March 13, candidates for listing as endangered or information that would lead a 2009, the Service and WildEarth threatened (72 FR 69034), in which we reasonable person to believe that the Guardians filed a stipulated settlement made the San Bernardino springsnail measure proposed in the petition may agreement, agreeing that the Service (Pyrgulopsis bernardina) a candidate be warranted (50 CFR 424.14(b)).’’ If we would submit to the Federal Register a species. Finally, on December 10, 2008, find that substantial scientific or finding as to whether WildEarth we made Sphaeralcea gierischii commercial information was presented, Guardians’ petition presents substantial (Gierisch mallow) a candidate species in we are required to promptly commence information indicating that the the annual review of candidate species a status review of the species, which is petitioned action may be warranted for (73 FR 75175). Because these five subsequently summarized in our 12– the remaining southwestern species by entities—Quitobaquito pupfish, Ramsey month finding. December 9, 2009. This finding, together Canyon leopard frog, Jollyville Plateau salamander, San Bernardino springsnail, Petition History with the 90–day finding on petitions to list nine Texas mussels (completed and Sphaeralcea gierischii—are On June 25, 2007, we received a separately, and submitted to the Federal currently listed or are candidates for formal petition dated June 18, 2007, Register also on December 9, 2009), listing, and we were petitioned to list from Forest Guardians (now WildEarth meets that portion of the settlement. species that are not listed or candidates, Guardians), requesting that we, the U.S. The 2007 petition included a list of they were not evaluated as part of this Fish and Wildlife Service (Service), do 475 species. One species, Salina mucket petition. the following (1) Consider all full (Potamilus metnecktayi), is also known Agave arizonica (Arizona agave) was species in our Southwest Region ranked by the scientific name Disconaias recently delisted (71 FR 35195; June 19, as G1 or G1G2 by the organization salinasensis; we were petitioned to list 2006) because it was determined to be NatureServe, except those that are the species under both scientific names. a product of hybridization and therefore currently listed, as proposed for listing, The species files in NatureServe for not a listable entity. No new information or candidates for listing; and (2) list these two names are identical. For the was presented in the petition for A. each species under the Act as either remainder of our review we used the arizonica beyond that reviewed in the endangered or threatened with critical name P. metnecktayi; therefore, we June 19, 2006, delisting rule (71 FR habitat. The petitioner incorporated all reviewed only 474 actual species files. 35195), thus A. arizonica was not analyses, references, and documentation Because the petition requested that evaluated as part of the petition. After provided by NatureServe in its online we consider all species from the list that eliminating review of Quitobaquito database at http://www.natureserve.org/ were not currently listed, proposed for pupfish, Ramsey Canyon leopard frog, into the petition. The petition clearly listing, or candidates for listing, an Jollyville Plateau salamander, San identified itself as a petition and additional 5 of the 474 petitioned Bernardino springsnail, Sphaeralcea included the appropriate identification species were not included in the review gierischii, and A. arizonica, there were information, as required in 50 CFR because these species are either 468 species files to continue with our 424.14(a). We sent a letter to the currently listed or are candidates for review in the NatureServe database. petitioner dated July 11, 2007, listing. Quitobaquito pupfish A total of 277 of the petitioned acknowledging receipt of the petition (Cyprinodon eremus) is currently listed species were or will be addressed in and stating that the petition was under as endangered under the name desert other findings. As discussed above, 270 review by staff in our Southwest pupfish (Cyprinodon macularius species were addressed in our January 6, Regional Office. eremus). In Arizona, this family was 2009, finding (74 FR 419). Three We received an additional petition on historically represented by two additional species—Camissoria exilis October 15, 2008, from WildEarth recognized subspecies, C. m. macularius (Cottonwood Spring suncup), Guardians, dated October 9, 2008, and C. m. eremus, and an undescribed Cryptantha semiglabra (Pipe Springs requesting that we list Pediomelum species, the Monkey Spring pupfish. crypantha), and Lesquerella navajoensis pentaphyllum (Chihuahua scurfpea) as Minckley et al. (2002, p. 701) raised C. (Navajo bladderpod)—were addressed

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66868 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

in a separate 90–day finding on a imperiled) or G1G2 (between critically provided for other species in this petition to list 206 species in the imperiled and imperiled). category was similar in nature, or was Midwest and western United States We followed regulations at 50 CFR largely taxonomic with little location (August 18, 2009; 74 FR 41649). Four 424.14(b) in evaluating the information information. additional species which were not presented in the petition. 50 CFR Occasionally, generic information was addressed in an earlier finding and are 424.14(b)(1) provides that the Service presented in the NatureServe species not included in this finding—golden orb must consider whether the petition has files for species we placed in Category (Quadrula aurea), Texas fatmucket presented substantial information A, such as for the class or family the (Lampsilis bracteata), Texas heelsplitter indicating to a reasonable person that species belongs to, but not specific (Potamilus amphichaenus), and Salina the petitioned action may be warranted. information on the individual species. mucket (Potamilus metnecktayi)—will 50 CFR 424.14(b)(2) requires that the The references were taxonomic in be addressed in one or more additional petition provide a narrative justification nature or simply checklists (lists of 90–day findings in the future. Although describing past and present numbers species, for example Common and we are not making a finding on the and distribution, and any threats faced Scientific Names of Fishes from the remaining four species at this time, the by the species. The petition is also United States and Canada (Robins et al. lack of inclusion of those species in this required to provide appropriate 1991)) or taxonomic keys (which finding does not imply that we are supporting documentation—references, provide anatomical characteristics for making or will make a positive finding publications, reports, or letters from identification of species) and did not on any or all of the remaining species. authorities, and maps. address threats to the species. An Finally, based on a review of our We reviewed all references cited in example that illustrates the type of January 6, 2009, 90–day finding (74 FR the NatureServe database species files generic information that was presented that were available to us. For some 419), we are re-evaluating the for such species in Category A is species in NatureServe, there is a ‘‘Local information presented in the petition Guadalupe woodlandsnail (Ashmunella Programs’’ link to the websites of the and readily available in our files carlsbadensis). The NatureServe file for State programs that contribute regarding Donrichardsia macroneuron this species states the name of the information to NatureServe. Where in this finding. Thus, this finding species and lists two references. The information was available from these addresses 192 of the 475 petitioned first is an annotated checklist of New State programs specific to the species in southwest species. Mexico land snails (Metcalf and Smartt question, we accepted the assertions 1988). The second is a checklist of Species Information and opinions of the State programs for names of aquatic invertebrates from the the purposes of this 90–day finding, United States and Canada (Turgeon et The petitioners presented two tables because these programs have primary al. 1998). The file contains no other that collectively listed the 475 species management responsibility for non- information specific to the Guadalupe for consideration and requested that the federally listed species. These State woodlandsnail. The file does describe Service incorporate all analyses, programs’ websites were accessed after the basic biology of terrestrial snails references, and documentation provided 2007 when we downloaded the species (pulmonates) in general stating by NatureServe in its online database files from NatureServe. We also ‘‘terrestrial gastropods do not move into the petition. The information reviewed information in references cited much usually only to find food or presented by NatureServe (http:// in NatureServe that were available on reproduce’’ and ‘‘as a whole, www.natureserve.org/explorer/) is the Internet and in local libraries, and pulmonates (previously Subclass considered to be a reputable source of other information readily available in Pulmonata) are better dispersers than information on taxonomy and our files directly relevant to the prosobranchs (previously Subclass distribution. However, NatureServe information raised in the petition. Prosobranchia) possibly due to their indicates on its website that information Following review of the available hermaphroditic reproduction increasing in the database is not intended for information, we separated the 192 the chance of new colonization.’’ determining whether species are remaining species reviewed in this Identical language was used in other warranted for listing under the Act, and finding into categories based on the NatureServe files for terrestrial snail we found that the information presented level of information found. The first species, and no specific information was was limited in its usefulness for this category, titled Category A in Table 1, provided about the species or threats to process. The threat information has only minimal information about the species or its habitat. presented by NatureServe in many cases each species, and in some cases no more The information we reviewed for the is minimal. NatureServe was limited in information than the name of the species in Category B contained basic usefulness when the information species. Category A contains 45 species. information on the range of the species presented did not identify one or more An example of a species in this category based on some level of survey effort. threats, did not link the threats to the that had minimal information is a Habitat type was frequently mentioned species or the habitats occupied by the caddisfly with no common name, as well as other aspects of the species’ species, or did not reasonably indicate Hydroptila protera. The NatureServe file biology, such as food habitats. how the threats may impact the species’ for this species names the species and Population size or abundance, if status. states that it occurs in undetermined addressed, was rarely quantified, and We accessed the NatureServe database sites in Oklahoma and Texas. The file NatureServe (2007) instead used on July 5, 2007. We saved electronic and provides two references. The first, descriptors such as large, small, or hard-copies of each species file and Blickle (1979), contains no information numerous. The available information we used this information, including on threats to the species, but provides reviewed did not address specific references cited within these files, illustrations of various species within threats to the species. Category B during our review. Therefore, all the same genus and in others. The contains 29 species. information we used from the species second, Clemson University Department An example of the type of information files in NatureServe was current to that of Entomology (2002), provides only we found for species in Category B is date. All of the petitioned species were taxonomic information for the species. illustrated by Opuntia aureispina ranked by NatureServe as G1 (critically The magnitude and type of information (golden-spined prickly-pear). The

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66869

NatureServe file for O. aureispina (Kartesz 1994). Neither article addresses limestone rocks in shrublands in low provides two references. The first threats to O. aureispina. The elevations near the Rio Grande. The describes the physical characteristics of NatureServe file for this species states NatureServe file for this species does cacti of Big Bend National Park (Heil that the species is known from one not address threats or the global and Brack 1988). The second is a small area of Big Bend National Park in protection status for this species. This checklist of the vascular flora of the Brewster County, Texas, and that it information is typical for the species in United States, Canada, and Greenland inhabits limestone slabs and fractured Category B.

TABLE 1. SPECIES FOR WHICH THREAT INFORMATION WAS NOT PROVIDED IN THE PETITION OR READILY AVAILABLE IN OUR FILES.

Category Scientific Name Common Name Range Group

A Ashmunella carlsbadensis Guadelupe Woodlandsnail NM, TX Snail

A Holospira yucatanensis Bartsch Holospira TX Snail

A Humboldtiana edithae Boulder Slide Threeband TX Snail

A Pseudosubulina cheatumi Chisos Foxsnail TX Snail

A Marstonia comalensis Comal Siltsnail TX Snail

A Radiocentrum ferrissi Fringed Mountainsnail NM Snail

A Euglandina texasiana Glossy Wolfsnail TX Snail

A Holospira hamiltoni Hamilton Holospira TX Snail

A Daedalochila hippocrepis Horseshoe Liptooth TX Snail

A Holospira oritis Mountain Holospira TX Snail

A Holospira pityis Pinecone Holospira TX Snail

A Holospira riograndensis Rio Grande Holospira TX Snail

A Holospira pasonis Robust Holospira TX Snail

A Helicodiscus nummus Wax Coil AR, OK, TX Snail

A Holospira mesolia Widemouth Holospira TX Snail

A Microdynerus arenicolus Antioch Potter Wasp AZ,CA,NV Insect

A Hydroptila protera Caddisfly OK, TX Insect

A Ptomaphagus cocytus Cave Obligate Beetle AZ Insect

A Oncopodura prietoi Cave Obligate Springtail NM Insect

A Pseudosinella vita Cave Obligate Springtail NM Insect

A Tomocerus grahami Cave Obligate Springtail NM Insect

A Afilia sp. 1 Notodontid Moth TX Insect

A Hydroptila ouachita Purse Casemaker Caddisfly LA, TX Insect

A Melanoplus sp. 9 Grasshopper TX Insect

A Melanoplus sp. 22 Grasshopper TX Insect

A Melanoplus sp. 26 Grasshopper TX Insect

A Melanoplus sp. 36 Grasshopper TX Insect

A Melanoplus sp. 48 Grasshopper NM Insect

A Melanoplus sp. 52 Grasshopper AZ Insect

A Melanoplus sp. 62 Grasshopper TX Insect

A Ceuthothrombium cavaticum Cave Obligate Mite NM Arachnid

A Albiorix anophthalmus Cave Obligate Pseudoscorpion AZ Arachnid

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66870 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

TABLE 1. SPECIES FOR WHICH THREAT INFORMATION WAS NOT PROVIDED IN THE PETITION OR READILY AVAILABLE IN OUR FILES.—Continued

Category Scientific Name Common Name Range Group

A Aphrastochthonius pachysetus Cave Obligate Pseudoscorpion NM Arachnid

A Chitrellina chiricahuae Cave Obligate Pseudoscorpion AZ Arachnid

A Neoleptoneta anopica Cave Obligate Spider TX Arachnid

A Procambarus texanus Bastrop Crayfish TX Crustacean

A Holsingerius samacos Cave Obligate Amphipod TX Crustacean

A Texiweckelia relicta Cave Obligate Amphipod TX Crustacean

A Palaemonetes holthuisi Cave Obligate Decapod TX Crustacean

A Amergoniscus centralis Cave Obligate Isopod OK Crustacean

A Amergoniscus gipsocolus Cave Obligate Isopod TX Crustacean

A Sphaeromicola moria Cave Obligate Shrimp TX Crustacean

A Fryxellia pygmaea Fryxell’s Pygmy Mallow TX Flowering Plant

A Quercus acerifolia Mapleleaf Oak AR, OK Flowering Plant

A Xanthoparmelia planilobata Lichen (no common name) NM Lichen

B Eurycea sp. 6 Pedernales River Springs Salamander TX Amphibian

B Sonorella papagorum Black Mountain Talussnail AZ, NM Snail

B Sonorella christenseni Clark Peak Talussnail AZ, NM Snail

B Sonorella huecoensis Hueco Mountains Talus Snail TX Snail

B Sonorella sp. 1 Terrestrial Snail NM Snail

B Limnephilus adapus Caddisfly TX Insect

B Comaldessus stygius Comal Springs Diving Beetle TX Insect

B Protoptila arca San Marcos Saddle-case Caddisfly TX Insect

B Sphinx smithi Sphinx Moth (no common name) AZ, Mexico Insect

B Stygobromus limbus Border Cave Amphipod TX Crustacean

B Procambarus brazoriensis Brazoria Crayfish TX Crustacean

B Paramexiweckelia ruffoi Ruffo’s Cave Amphipod TX Crustacean

B Adenophyllum wrightii Wright’s Dogweed AZ, NM Flowering Plant

B Berberis harrisoniana Kofka Barberry AZ, CA Flowering Plant

B Carex mckittrickensis Guadalupe Mountain Sedge TX Flowering Plant

B Cooperia smallii Small’s Rainlily TX Flowering Plant

B Hedyotis pooleana Jackie’s Bluet TX Flowering Plant

B Echeandia texensis Craglily (no common name) TX Flowering Plant

B Opuntia aureispina Golden-spined Prickly-pear TX Flowering Plant

B Opuntia densispina Big Bend Prickly-pear TX Flowering Plant

B Perityle cochisensis Cochise Rockdaisy AZ Flowering Plant

B Quercus boytonii Boynton’s Sand Post Oak AL, TX Flowering Plant

B Quercus tardifolia Chisos Mountains Oak TX Flowering Plant

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66871

TABLE 1. SPECIES FOR WHICH THREAT INFORMATION WAS NOT PROVIDED IN THE PETITION OR READILY AVAILABLE IN OUR FILES.—Continued

Category Scientific Name Common Name Range Group

B Quercus robusta Robust Oak TX Flowering Plant

B Selinocarpus maloneanus Malone Mountains Moonpod TX Flowering Plant

B Senna ripleyana Ripley’s Senna TX Flowering Plant

B Solanum leptosepalum Tigna Potato TX Flowering Plant

B Stellaria porsildii Porsild’s Starwort AZ, NM Flowering Plant

B Yucca necopina Brazos River Yucca TX Flowering Plant

The information we reviewed for the threats. Each of these species, which are discussed more thoroughly in the ‘‘Five- remaining 118 species included some listed in Tables 2 and 3 below, is Factor Evaluation’’ section below. discussion of one or more potential

TABLE 2. SPECIES FOR WHICH THREAT INFORMATION WAS PRESENTED, BUT FOR WHICH THE INFORMATION PRESENTED IN THE PETITION AND OTHERWISE READILY AVAILABLE WAS NOT SUBSTANTIAL.

Scientific Name Common Name Range Group

Geomys streckeri Strecker’s Pocket Gopher TX Mammal

Ashmunella mearnsii Big Hatchet Woodlandsnail NM Snail

Pyrgulopsis simplex Fossil Springsnail AZ Snail

Ashmunella hebardi Hacheta Grande Woodlandsnail NM Snail

Sonorella pedregosensis Leslie Canyon Talussnail AZ Snail

Pyrgulopsis davisi Limpia Creek Springsnail TX Snail

Pyrgulopsis montezumensis Montezuma Well Springsnail AZ Snail

Pyrgulopsis metcalfi Naegele Springsnail TX Snail

Ashmunella kochi San Andreas Woodlandsnail NM Snail

Adhemarius blanchardorum Blanchard’s Sphinx Moth TX Insect

Phylocentropus harrisi Caddisfly (no common name) AL, FL, TX Insect

Apodemia chisosensis Chisos Metalmark TX Insect

Stallingsia maculosus Manfreda Giant-skipper TX, Mexico Insect

Lachlania dencyannae Mayfly (no common name) NM Insect

Euhyparpax rosea Notodontid Moth (no common name) CO, NM Insect

Ursia sp. 1 Notodontid Moth (no common name) TX Insect

Cylloepus parkeri Parker’s Cylloepus Riffle Beetle AZ Insect

Automeris patagoniensis Patagonia Eyed Silkmoth AZ Insect

Sphingicampa raspa Royal Moth (no common name) AZ, TX Insect

Sphinx eremitoides Sage Sphinx CO, KA, NM, TX Insect

Thymoites minero Cave Obligate Spider (no common name) AZ Arachnid

Procambarus nigrocinctus Blackbelted Crayfish TX Crustacean

Procambarus nechesae Neches Crayfish TX Crustacean

Streptocephalus moorei Spinythumb Fairy Shrimp NM, Mexico Crustacean

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66872 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

TABLE 2. SPECIES FOR WHICH THREAT INFORMATION WAS PRESENTED, BUT FOR WHICH THE INFORMATION PRESENTED IN THE PETITION AND OTHERWISE READILY AVAILABLE WAS NOT SUBSTANTIAL.—Continued

Scientific Name Common Name Range Group

Arenaria livermorensis Livermore Sandwort TX Flowering Plant

Argemone arizonica Arizona Prickle-poppy AZ Flowering Plant

Batesimalva violacea Purple Gay-mallow TX, Mexico Flowering Plant

Bonamia ovalifolia Bigpod Bonamia TX, Mexico Flowering Plant

Bouteloua kayi Kay Gramma TX Flowering Plant

Cryptantha ganderi Gander’s Cryptantha AZ, CA, Mexico Flowering Plant

Dalea bartonii Cox’s Dalea TX Flowering Plant

Dalea tentaculoides Gentry’s Indigobush AZ Flowering Plant

Eleocharis cylindrica Cylinder Spikerush NM, TX Flowering Plant

Erigeron acomanus Acoma Fleabane NM Flowering Plant

Erigeron bistiensis Bisti Fleabane NM Flowering Plant

Escobaria guadalupensis Guadalupe Pincushion Cactus NM, TX Flowering Plant

Euphorbia aaron-rossii Marble Canyon Spurge AZ Flowering Plant

Glossopetalon texense Texas Grease Bush TX Flowering Plant

Kallstroemia perennans Perennial Caltrop TX Flowering Plant

Pediomelum humile Rydberg’s Scurfpea TX, Mexico Flowering Plant

Perityle huecoensis Hueco Mountains Rockdaisy TX, Mexico Flowering Plant

Perityle saxicola Fish Creek Rock Daisy AZ Flowering Plant

Perityle warnockii River Rockdaisy TX Flowering Plant

Quercus graciliformis Slender Oak TX, Mexico Flowering Plant

Rhododon angulatus Lonestar Sand-mint TX Flowering Plant

Sophora gypsophila Gypsum Necklace NM, TX Flowering Plant

Valerianella nuttallii Nuttall’s Corn-salad AR, OK Flowering Plant

Grimmia americana Moss (no common name) AZ, NV, TX Fern Ally

Riccia californica Moss (no common name) CA, OR, TX Fern Ally

Acarospora clauzadeana Lichen (no common name) NM, Mexico, Spain Lichen

Omphalora arizonica Lichen (no common name) AZ, CO, NM Lichen

TABLE 3. SPECIES FOR WHICH INFORMATION IN THE PETITION AND OTHERWISE READILY AVAILABLE IS SUBSTANTIAL AND INDICATES THAT LISTING AS THREATENED OR ENDANGERED MAY BE WARRANTED.

Scientific name Common Name Range Group

Aspidoscelis arizonae Arizona Striped Whiptail AZ Reptile

Notophthalmus meridionalis Black-spotted Newt TX, Mexico Amphibian

Eurycea robusta Blanco Blind Salamander TX Amphibian

Eurycea tridentifera Comal Blind Salamander TX Amphibian

Eurycea sp. 8 Comal Springs Salamander TX Amphibian

Eurycea neotenes Texas Salamander TX Amphibian

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66873

TABLE 3. SPECIES FOR WHICH INFORMATION IN THE PETITION AND OTHERWISE READILY AVAILABLE IS SUBSTANTIAL AND INDICATES THAT LISTING AS THREATENED OR ENDANGERED MAY BE WARRANTED.—Continued

Scientific name Common Name Range Group

Macrhybopsis tetranema Arkansas River Speckled Chub CO, KA, NM, OK, TX Fish

Ictalurus sp. 1 Chihuahua Catfish TX Fish

Cyprinella sp. 2 Nueces Shiner TX Fish

Cyprinodon pecosensis Pecos pupfish NM, TX Fish

Cyprinella lepida Plateau Shiner TX Fish

Gambusia clarkhubbsi San Felipe Gambusia TX Fish

Trogloglanis pattersoni Toothless Blindcat TX Fish

Cyprinodon tularosa White Sands Pupfish NM Fish

Satan eurystomus Widemouth Blindcat TX Fish

Pleurobema riddellii Louisiana Pigtoe LA, TX Clam

Pisidium sanguinichristi Sangre de Cristo Peaclam NM Clam

Toxolasma corvunculus Southern Purple Lilliput AL, FL, GA, OK Clam

Fusconaia lananensis Triangle Pigtoe TX Clam

Pyrgulopsis arizonae Bylas Springsnail AZ Snail

Ashmunella macromphala Cook’s Peak Woodlandsnail NM Snail

Sonorella todseni Dona Ana Talussnail NM Snail

Tryonia gilae Gila Tryonia AZ Snail

Pyrgulopsis bacchus Grand Wash Springsnail AZ Snail

Ashmunella levettei Huachuca Woodlandsnail AZ, NM Snail

Pyrgulopsis conica Kingman Springsnail AZ Snail

Phreatodrobia imitata Mimic Cavesnail TX Snail

Oreohelix pilsbryi Mineral Creek Mountainsnail NM Snail

Pyrgulopsis pecosensis Pecos Springsnail NM Snail

Sonorella grahamensis Pinaleno Talussnail AZ Snail

Tryonia quitobaquitae Quitobaquito Tryonia AZ Snail

Sonorella eremite San Xavier Talussnail AZ Snail

Maricopella allynsmithi Squaw Park Talussnail AZ Snail

Pyrgulopsis glandulosa Verde Rim Springsnail AZ Snail

Sonorella macrophallus Wet Canyon Talussnail AZ Snail

Cicindela theatina Colorado Tiger Beetle CO Insect

Haideoporus texanus Edwards Aquifer Diving Beetle TX Insect

Lycaena ferrisi Ferris’s Copper AZ Insect

Astylis sp. 1 Notodontid Moth (no common name) AZ Insect

Heterocampa sp. 1 nr. amanda Notodontid Moth (no common name) AZ Insect

Litodonta sp. 1 nr. alpina Notodontid Moth (no common name) AZ Insect

Ursia furtiva Notodontid Moth (no common name) TX Insect

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66874 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

TABLE 3. SPECIES FOR WHICH INFORMATION IN THE PETITION AND OTHERWISE READILY AVAILABLE IS SUBSTANTIAL AND INDICATES THAT LISTING AS THREATENED OR ENDANGERED MAY BE WARRANTED.—Continued

Scientific name Common Name Range Group

Papaipema eryngii Rattlesnake-master Borer Moth AR, IL, IN, IA, KY, MO, NC, OK Insect

Sphingicampa blanchardi Royal Moth (no common name) TX, Mexico Insect

Argia sabino Sabino Dancer AZ Insect

Anacroneuria wipukupa Stonefly (no common name) AZ, Mexico Insect

Agapema galbina Tamaulipan Agapema AZ, TX, Mexico Insect

Archeolarca cavicola Grand Canyon Cave Scorpion AZ Arachnid

Cambarus subterraneus Delaware County Cave Crayfish OK Crustacean

Orconectes saxatilis Kiamichi Crayfish OK Crustacean

Cambarus tartarus Oklahoma Cave Crayfish OK Crustacean

Lirceolus smithii Texas Troglobitic Water Slater TX Crustacean

Agalinis navasotensis Navasota False Foxglove TX Flowering Plant

Amoreuxia gonzalezii Santa Rita Yellowshow AZ, Mexico Flowering Plant

Amsonia tharpii Tharp’s Blue-star NM, TX Flowering Plant

Asclepias prostrata Prostrate Milkweed TX, Mexico Flowering Plant

Astragalus hypoxylus Huachuca Milk-vetch AZ, Mexico Flowering Plant

Castilleja ornata Glowing Indian-paintbrush NM, Mexico Flowering Plant

Erigeron piscaticus Fish Creek Fleabane AZ Flowering Plant

Eriogonum mortonianum Morton’s Wild Buckwheat AZ Flowering Plant

Genistidium dumosum Brush-pea TX, Mexico Flowering Plant

Hexalectris revolute Chisos Coralroot AZ, TX, Mexico Flowering Plant

Lesquerella kaibabensis Kaibab Bladderpod AZ Flowering Plant

Paronychia congesta Bushy Whitlow-wort TX Flowering Plant

Pediomelum pentaphyllum Chihuahua Scurfpea AZ, NM, TX, Mexico Flowering Plant

Salvia pentstemonoides Big Red Sage TX Flowering Plant

Donrichardsonia macroneuron Moss (no common name) TX Fern Ally

Evaluation of Information for this the inadequacy of existing regulatory information readily available in our Finding mechanisms; or (E) other natural or files. manmade factors affecting its continued Section 4 of the Act (16 U.S.C. 1533) Species Placed in Categories A and B existence. and its implementing regulations at 50 for Which Substantial Information Was CFR 424 set forth the procedures for In making this 90–day finding, we Not Presented adding a species to, or removing a evaluated whether information species from, the Federal Lists of regarding threats to each of the 192 Factor A, The present or threatened Endangered and Threatened Wildlife species, as presented in the petition and destruction, modification, or and Plants. A species may be other information in our files, is curtailment of a species’ habitat or determined to be an endangered or substantial, thereby indicating that the range: For each of the species we placed threatened species due to one or more petitioned action may be warranted. Our in Categories A and B (Table 1 above), of the five factors described in section evaluation is presented below. For each no information was presented on threats 4(a)(1) of the Act: (A) the present or species, we fully evaluated all specific to the species or their habitats; threatened destruction, modification, or therefore, we find the petition, information available to us through the curtailment of its habitat or range; (B) including all available references and NatureServe website, information cited overutilization for commercial, the NatureServe species files, does not recreational, scientific, or educational in NatureServe available on the Internet present substantial information that the purposes; (C) disease or predation; (D) or in local libraries, and other present or threatened destruction,

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66875

modification, or curtailment of habitat Species for Which Threat Information past. No information was provided on or range is a threat to any of the 74 Was Presented, But For Which whether the burn occurred, or how the species in Categories A and B (Table 1). Substantial Information Was Not species may have responded to it. We Factor B, Overutilization of species Presented have determined that this information does not meet the substantial for commercial, recreational, scientific, Mammals information standard. or educational purposes: For each of the Strecker’s Pocket Gopher (Geomys Factors B, C, and D: No information species we placed in Categories A and streckeri) was presented in the petition B (Table 1, above), no information was Strecker’s pocket gopher is known concerning threats to this species from presented on threats to the species or these factors. their habitats; therefore we find the from two localities in Dimmit and Zavala Counties, Texas (NatureServe Factor E: The Big Hatchet petition, including all available woodlandsnail and Hacheta Grande 2007). No further information regarding references and the NatureServe species woodlandsnail (Ashmunella hebardi) the historical or current distribution or co-occur and hybridize in a narrow and files, does not present substantial status of the species was presented. information that overutilization for Factors A, B, C, and D: No abrupt zone of contact of approximately commercial, recreational, scientific, or information was presented in the 0.259 square kilometers (km) (0.1 square educational purposes is a threat to any petition concerning threats to this miles (mi)) in southwestern Chaney of the 74 species in Categories A and B species from these factors. Canyon (Lang 2005). However, the area (Table 1). Factor E: NatureServe (2007) where hybrids occur is small relative to identifies rarity as a threat to Strecker’s the size of the area occupied by the Big Factor C, Disease or predation: For Hatchet woodlandsnail (Lang 2005). No those species we placed in Categories A pocket gopher. In the absence of information identifying other threats to information was presented indicating and B (Table 1, above), no information that this narrow zone of hybridization is was presented on threats specific to the the species and linking those to the rarity of the species, we do not consider resulting in impacts to the species. We species or their habitats; therefore we have determined that this information find the petition, including all available rarity to be a threat. Based on our evaluation of the does not meet the substantial references and the NatureServe species information provided in the petition, we information standard. files, does not present substantial have determined that the petition does Based on our evaluation of the information provided in the petition, we information that disease or predation is not present substantial information to have determined that the petition does a threat to any of the 74 species in indicate that listing the Strecker’s not present substantial information to Categories A and B (Table 1). pocket gopher may be warranted. indicate that listing the Big Hatchet Factor D, Inadequacy of existing Snails woodlandsnail may be warranted. regulatory mechanisms: For those species we placed in Categories A and Big Hatchet Woodlandsnail Fossil Springsnail (Pyrgulopsis simplex) B (Table 1, above), no information was (Ashmunella mearnsii) The fossil springsnail is found at a presented on threats specific to the The Big Hatchet woodlandsnail is spring near Strawberry, Gila County, species or their habitats; therefore we known to occur on talus slopes (rock and Fossil Springs, Yavapai County, find the petition, including all available piles formed at the base of cliffs) in the Arizona (AGFD 2003) in the lower references and the NatureServe species mountains of eastern Hidalgo County in Verde River watershed (NatureServe files, does not present substantial southwestern New Mexico (Metcalf and 2007). Individuals of the species are information that the inadequacy of Smartt 1997). Recently, the species was typically found in the headsprings and existing regulatory mechanisms is a collected from isolated populations upper sections of the outflow. They are threat to any of the 74 species in within the range of the Big Hatchet gill breathers and, therefore, require Categories A and B (Table 1). Mountains at Zeller Peak, Mescal perennially flowing water (AGFD 2003). Canyon, Chaney Canyon (also called Springsnails in the genus Pyrgulopsis Factor E, Other natural or manmade Chainey Canyon), Big Hatchet Peak, and are generally found on rock or aquatic factors affecting species’ continued Thompson Canyon (Lang 2005). The plants in moderate current. The existence: For those species we placed species likely formerly occupied the occupied springs are on the Coconino in Categories A and B (Table 1, above), Little Hatchet Mountains and Howells and Tonto National Forests. The fossil no information was presented on threats Ridge to the northwest of the Big springsnail was formerly a candidate 2 specific to the species or their habitats; Hatchet Mountains as indicated by the species, a taxon for which information therefore we find the petition, including presence of fossils in those areas (Lang in our possession indicated that all available references and the 2005). proposing to list was possibly NatureServe species files, does not Factor A: A prescribed burn of 4,856 appropriate, but for which persuasive present substantial information that hectares (ha) (12,000 acres (ac)) was data on biological vulnerability and other natural or manmade factors planned for late spring to early summer threat were not available to support a affecting the species’ continued of 2005 to control woody plant proposed listing rule. This species has existence are threats to any of the 74 overgrowth in the north-central range of had no Federal Endangered Species Act species in Categories A and B (Table 1). the Big Hatchet Mountains. Such a fire status since the practice of maintaining Based on our evaluation of the could threaten the persistence of a list of candidate 2 species was isolated populations of the Big Hatchet information provided in the petition, we discontinued in 1996. woodlandsnail (Lang 2005). In addition, Factor A: According to AGFD (2003), have determined that the petition does since the species inhabits talus slopes, the fossil springsnail is threatened by not present substantial information to which are sparsely vegetated and water development activities and indicate that listing the 74 species in probably unlikely to have much fuel deterioration or disappearance of its Categories A and B may be warranted. load, it is likely that the species and its habitat; however, they also note that the habitat have withstood previous fossil springsnail has experienced no wildfires or prescribed burns in the apparent reduction in range or

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66876 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

abundance as a result of activities in the forage and are not generally accessed by the geographic range of the species, we Fossil Creek watershed during the past livestock (NatureServe 2007). A do not consider restricted geographic two decades. Further, AGFD (2003) does prescribed burn of 4,856 ha (12,000 ac) range to be a threat. not describe the nature or cause of the was planned for late spring to early Based on our evaluation of the deterioration or disappearance of fossil summer of 2005 to control woody plant information provided in the petition, we springsnail habitats. We have overgrowth in that area of the Big have determined that the petition does determined that this information does Hatchet Mountains. Such a fire could not present substantial information to not meet the substantial information threaten the persistence of isolated indicate that listing the Hacheta Grande standard. populations of the Hacheta Grande woodlandsnail may be warranted. Factors B and C: No information was woodlandsnail (Lang 2005) or cause the Leslie Canyon Talussnail (Sonorella presented in the petition concerning extirpation of the species (NatureServe pedregosensis) threats to this species from these factors. 2007); however, no information was Factor D: According to AGFD (2003), provided on whether the burn occurred The Leslie Canyon talussnail is Fossil Springs was designated a or how the species may have responded known to occur in Leslie Canyon Botanical Area by the Coconino to it. In addition, since the species National Wildlife Refuge (a unit of the National Forest, an action designed to inhabits rock outcrops, which are San Bernardino National Wildlife provide increased protection and sparsely vegetated and probably Refuge complex), north of Douglas in restoration of the area. Public access to unlikely to have much fuel load, it is the Pedregosa Mountains, Cochise Fossil Springs is limited to foot travel; likely that the species and its habitat County, Arizona (Gilbertson and Radke however, the other spring in the have withstood previous wildfires or 2006). No further information regarding watershed containing the Fossil prescribed burns in the past. We do not the historical or current distribution or springsnail is provided no special consider the assertions by Lang (2005) status of the species was presented. protection. or NatureServe (2007) to meet the Factors A and B: No information was Factor E: No information was substantial information standard. presented in the petition concerning presented in the petition concerning NatureServe (2007) asserts that while threats to this species from these factors. threats to this species from this factor. range contraction due to climate change Factor C: According to NatureServe Based on our evaluation of the in the past ten thousand years has not (2007), at the time of initial collection information provided in the petition, we been documented for this species, it has of specimens of this species, Gilbertson have determined that the petition does been documented for many similar and Radke (2006) observed a desert box not present substantial information to species and may be a concern for the turtle (Terrapene ornate luteola) indicate that listing the fossil Hacheta Grande woodlandsnail. actively preying on snails in the refuge springsnail may be warranted. However, this is an assertion, and following an overnight rainstorm when Hacheta Grande Woodlandsnail NatureServe (2007) did not provide snails became most active. An (Ashmunella hebardi) references or discussion to support it, examination of the box turtle’s feces and there is no evidence of range found shell fragments of the snail; The Hacheta Grande woodlandsnail is contraction despite efforts of researchers however, there is no indication that this known from one population in Chaney to document it (Metcalf and Smartt level of predation may constitute a Canyon (also referred to as Chainey 1997; Lang 2005). We have determined species-level threat. We have Canyon) in the Big Hatchet Mountains, that this information does not meet the determined that this information does Hidalgo County, New Mexico substantial information standard. not meet the substantial information (NatureServe 2007). The species has Factors B, C, and D: No information standard. been collected from elevations of 1,935 was presented in the petition Factors D and E: No information was to 2,234 meters (m) (6350 to 7330 feet concerning threats to this species from presented in the petition concerning (ft)) on the south side of Chaney Canyon these factors. threats to this species from these factors. west of Big Hatchet Peak (Metcalf and Factor E: The Big Hatchet Based on our evaluation of the Smartt 1997; Lang 2005). Hacheta woodlandsnail and Hacheta Grande information provided in the petition, we Grande woodlandsnails most commonly woodlandsnail co-occur and hybridize have determined that the petition does occur at the base of limestone outcrops in a narrow and abrupt zone of contact not present substantial information to beneath large rock fragments and rock of approximately 0.259 square km (0.1 indicate that listing of the Leslie Canyon rubble piles where mold grows on leaf square mi) in southwestern Chaney talussnail may be warranted. litter mixed with soil (Lang 2005) in an Canyon (Lang 2005). However, the area Limpia Creek Springsnail (Pyrgulopsis area of tall pinyon pines (Metcalf and where hybrids occur is small relative to davisi) Smartt 1997). The historic range of the the size of the area occupied by the species is unknown; however, at all Hacheta Grande woodlandsnail (Lang The Limpia Creek springsnail is found sites sampled by Lang (2005) where the 2005), and there is no evidence the area in and on mud and rocks among patches species was found, live individuals or of hybridization has increased between of Nasturtium officinale (watercress) in shells of recently dead individuals were the time of the Metcalf and Smartt spring-fed rivulets within a tributary of found, suggesting that the historic and surveys (1997) and those of Lang (2005). Limpia Creek, Pecos River drainage, Jeff current range may be the same. No information was presented Davis County, Texas (NatureServe Factor A: According to NatureServe indicating that this narrow zone of 2007). The species is a gill breather and, (2007), Chaney Canyon is remote and hybridization is resulting in impacts to therefore, requires perennially flowing inaccessible, and does not appear to be the species. We have determined that water. Based on specimens collected in valuable as a recreational site. The area this information does not meet the 1914, there may be an additional has been explored for minerals, but the substantial information standard. locality; however, the location of the absence of mining in this mountain and NatureServe (2007) identifies restricted possible second site is uncertain those nearby suggests that mining is not geographic range as a potential threat to (NatureServe 2007). It is reported as a threat (NatureServe 2007). The the species. In the absence of additional abundant at the single known mountain is grazed by livestock, but the information identifying other threats to occurrence, but quantitative population snail inhabits rocky areas that lack the species and linking those threats to estimates are not provided (NatureServe

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66877

2007). Since only one occurrence is reported to be common at the single indicate that listing the San Andreas known with certainty and the only known occurrence, but quantitative woodlandsnail may be warranted. known occurrence is small, occupying a population estimates are not provided Insects very restricted habitat, abundance may (NatureServe 2007). Since only one be considered very low relative to most occurrence is known with certainty and Blanchard’s Sphinx Moth (Adhemarius other organisms (NatureServe 2007). the only known occurrence is small, blanchardorum) Factor A: NatureServe (2007) occupying restricted habitat, abundance Blanchard’s sphinx moth is known to indicates probable threats include may be considered very low relative to occur in the Chisos Mountains in trampling and other degradation of the most other organisms (NatureServe Brewster County, Texas (NatureServe aquatic site by livestock, and the 2007). 2007). Almost all known specimens are potential for diversion or other flow Factor A: NatureServe (2007) from Panther Pass and adjacent Green alteration; however, no information is indicates probable threats include Gulch in Big Bend National Park. The presented indicating that these activities trampling and other degradation of the species’ range may extend south into the are occurring or are likely to occur in aquatic site by livestock, and the Sierra Madre Orientale of Mexico; the future in occupied habitats. We have potential for alteration of the sole however, no occurrences south of the determined that this information does aquatic site of occurrence; however, no U.S. border are documented not meet the substantial information information is presented indicating that (NatureServe 2007). No further standard. these activities are occurring or are information regarding the historical or Factor B, C, D, and E: No information likely to occur in the future in occupied current distribution or status of the was presented in the petition habitats. We have determined that this species was presented. concerning threats to this species from information does not meet the Factors A, B, C, and D: No these factors. substantial information standard. Based on our evaluation of the Factor B, C, D, and E: No information information was presented in the information provided in the petition, we was presented in the petition petition concerning threats to this have determined that the petition does concerning threats to this species from species from these factors. not present substantial information to these factors. Factor E: NatureServe (2007) indicate that listing the Limpia Creek Based on our evaluation of the identifies rarity as a threat to springsnail may be warranted. information provided in the petition, we Blanchard’s sphinx moth. In the absence have determined that the petition does of information identifying other threats Montezuma Well Springsnail not present substantial information to to the species and linking those threats (Pyrgulopsis montezumensis) indicate that listing the Naegele to the rarity of the species, we do not The Montezuma Well springsnail is springsnail may be warranted. consider rarity to be a threat. known to occur in Montezuma Well, a Based on our evaluation of the San Andreas Woodlandsnail unit of Montezuma Castle National information provided in the petition, we (Ashmunella kochii) Monument, in Yavapai County, Arizona have determined that the petition does (NatureServe 2007). No further The San Andreas woodlandsnail is not present substantial information to information regarding the historical or known to occur in the San Andres indicate that listing Blanchard’s sphinx current distribution or status of the Mountains, Dona Ana County, New moth may be warranted. species was presented. Mexico, and the Caballo Mountains to Caddisfly (no common name) Factors A, B, C, and D: No the west of the San Andres Mountains (Phylocentropus harrisi) information was presented in the in Sierra County (Metcalf and Smartt petition concerning threats to this 1997; Sullivan 1997). It primarily occurs NatureServe (2007) cites Morse et al. species from these factors. in rock seams in steep canyons and (1997) and personal communications Factor E: The Arizona Game and Fish cliffs associated with moderately moist with J. Morse in 2000 and 2004 in Department (AGFD 1998) identifies vegetation and abundant shade stating that the caddisfly is known to restricted geographic distribution as a (NatureServe 2007). occur in the Southern Appalachian threat to the Montezuma Well Factor A: According to Sullivan States and Texas. No further springsnail. In the absence of additional (1997), a road may be built to the peak information regarding the historical or information identifying other threats to of Quartzite Mountain in a portion of current distribution or status of the the species and linking one or more of the San Andres Mountains, which species was presented. those threats to the species, we do not would destroy some of the habitat of the Factor A: Morse et al. (1997) identify consider a restricted geographic range to species. No information was provided multiple historical and potential current be a threat. on whether the road has been threats to the mayflies, dragonflies, Based on our evaluation of the constructed or if it may be constructed damselflies, stoneflies, and caddisflies information provided in the petition, we at some point in the future. The portion of the southeastern United States have determined that the petition does of the species’ habitat that would be including agriculture, dams, not present substantial information to impacted by such a road appears small deforestation, acid precipitation, indicate that listing the Montezuma relative to the range of the species. We sedimentation, and residential Well springsnail may be warranted. have determined that this information development. However, the discussions does not meet the substantial in Morse et al. (1997) are general in Naegele Springsnail (Pyrgulopsis information standard. nature and do not identify which metcalfi) Factors B, C, D, and E: No information activities are currently impacting any The Naegele springsnail is found in was presented in the petition species in particular nor do they the outflows of Naegele Springs (Rio concerning threats to this species from identify which threats may be occurring Grande River basin), Presidio County, these factors. in which habitats. We have determined western Texas. Fossils from two Based on our evaluation of the that this information does not meet the localities in the Pecos River valley in information provided in the petition, we substantial information standard. New Mexico and Texas may also be have determined that the petition does Factors B, C, D, and E: No information Naegele springsnails (Taylor 1987). It is not present substantial information to was presented in the petition

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66878 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

concerning threats to this species from standard, particularly in light of the (NatureServe 2007). AGFD (2005) these factors. wide dispersion of the counties where indicates that further study is needed to Based on our evaluation of the the species has been documented. determine the moth’s life history, information provided in the petition, we Factors B, C, D, and E: No information population status, and population range. have determined that the petition does was presented in the petition Factors A, B, C, and D: No not present substantial information to concerning threats to this species from information was presented in the indicate that listing the caddisfly may these factors. petition concerning threats to this be warranted. Based on our evaluation of the species from these factors. information provided in the petition, we Factor E: NatureServe (2007) Chisos Metalmark (Apodemia have determined that the petition does identifies its restricted range at each of chisosensis) not present substantial information to the three known sites as a threat to this The Chisos metalmark is a butterfly indicate that listing the Manfreda giant- notodontid moth. Restricted geographic known to occur in Texas (NatureServe skipper may be warranted. range may exacerbate the impacts to the 2007). No further information regarding species of potential threats through the historical or current distribution or Mayfly (no common name) (Lachlania chance events such as fire, invasion of status of the species was presented. dencyannae) exotic weeds, or inadvertent Factors A, B, C, and D: No This mayfly is confined to the Gila management actions (NatureServe information was presented in the River drainage system in New Mexico. 2007). However, in the absence of petition concerning threats to this According to NatureServe (2007), larvae information identifying chance events species from these factors. have been found clinging to woody or other threats to the species and Factor E: NatureServe (2007) debris and vegetation caught in the linking those threats to the restricted identifies rarity as a threat to the Chisos crevices of rocks near the East Fork of range of the species, or the potential for metalmark. In the absence of the Gila River at its junction with the such chance events to occur in the information identifying other threats to Gila River (McCafferty et al. 1997). occupied habitats, we do not consider the species and linking those threats to Factor A: According to NatureServe chance events or restricted geographic the rarity of the species, we do not (2007), the Gila River drainage, the only range to be threats to the species. This consider rarity to be a threat. known drainage inhabited by the is especially true in light of its apparent Based on our evaluation of the species, is subjected to on-going widely dispersed distribution, which information provided in the petition, we degradation, primarily associated with suggests that a chance event occurring have determined that the petition does grazing. However, NatureServe (2007) in one State is unlikely to be occurring not present substantial information to does not explain the type of grazing or in another State. indicate that listing Chisos metalmark its impact to the species or the portion Based on our evaluation of the may be warranted. of the Gila River occupied by the information provided in the petition, we Manfreda Giant-skipper (Stallingsia species where grazing threatens it. We have determined that the petition does maculosus) have determined that this information not present substantial information to does not meet the substantial indicate that listing the notodontid The Manfreda giant-skipper is a information standard. moth may be warranted. butterfly known to occur in San Factors B, C, and D: No information Notodontid Moth (no common name) Patricio, Bexar, and Kinney Counties, was presented in the petition (Ursia sp. 1) Texas, and possibly in Nuevo Leon, concerning threats to this species from Mexico (NatureServe 2007). these factors. This Notodontid moth is known to NatureServe (2007) states that the Factor E: NatureServe (2007) cites occur in Cameron and San Patricio species is currently declining, and McCafferty et al. (1997) indicating that Counties, along the coast of south Texas projects that the global long-term trend the species appears to be truly rare and (NatureServe 2007). of the species will be one of large to restricted to the Gila River drainage. In Factors A, B, C, and D: No substantial decline (50 percent to 90 the absence of additional information information was presented in the percent). identifying other threats to the species petition concerning threats to this Factor A: NatureServe (2007) and linking one or more of those threats species from these factors. identifies development as a threat to the to the species, we do not consider rarity Factor E: NatureServe (2007) Manfreda giant-skipper, and asserts that to be a threat. identifies its restricted geographic range some of the few known sites have been Based on our evaluation of the as a threat to this notodontid moth. destroyed. However, no specific information provided in the petition, we Restricted geographic range may information on where the development have determined that the petition does exacerbate the impacts to the species of may be threatening the species now or not present substantial information to potential threats through chance events in the future was provided. The three indicate that listing the Mayfly may be such as fire or inadvertent management counties where it has been documented warranted. actions (NatureServe 2007). However, in are not close to one another; therefore, the absence of information identifying we do not assume that if development Notodontid Moth (no common name) chance events or other threats to the is occurring at one occupied site, it also (Euhyparpax rosea) species and linking those threats to the occurs at other sites. NatureServe (2004) This notodontid moth is known to restricted range of the species, or the also notes that the species’ host plant occur in Custer County in south-central potential for such chance events to may be in competition with invasive Colorado, and several hundred miles occur in the occupied habitats, we do grasses such as Guinea grass (Panicum (several hundred kilometers) away, near not consider chance events or restricted maximum), but does not indicate Silver City, Grant County in geographic range to be threats to the whether P. maximum occurs within the southwestern New Mexico, and in species. Additionally, the two counties range of the Manfreda giant-skipper or Arizona (AGFD 2005; NatureServe where this species is known to occur are is likely to in the future. We have 2007). Described in the 1800s, the widely spaced from one another, with determined that this information does species has been found in one or two four counties between them; thus, it is not meet the substantial information locations in the last 40 or 50 years unlikely the same chance event would

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66879

occur at both sites in the same several miles (several kilometers) apart grazed lands as a threat to the sage timeframe. and thus would not likely be impacted sphinx. However, NatureServe (2007) Based on our evaluation of the simultaneously by invasive weeds. We provides no information or discussion information provided in the petition, we have determined that this information to indicate that either of these activities have determined that the petition does does not meet the substantial is actually occurring or likely to occur not present substantial information to information standard. in occupied habitats. We have indicate that listing the Notodontid Factors B, C, D, and E: No information determined that this information does moth may be warranted. was presented in the petition not meet the substantial information concerning threats to this species from Parker’s Cylloepus Riffle Beetle standard. these factors. Factors B, C, D, and E: No information (Cylloepus parkeri) Based on our evaluation of the was presented in the petition The Parker’s cylloepus riffle beetle is information provided in the petition, we concerning threats to this species from known to occur in Roundtree Canyon in have determined that the petition does these factors. Bloody Basin within the Tonto National not present substantial information to Based on our evaluation of the Forest, Yavapai County, Arizona (AGFD indicate that listing the Patagonia eyed information provided in the petition, we 2003). Johnson (1992) states that it also silkmoth may be warranted. have determined that the petition does occurs in Tangle Creek, also located in not present substantial information to Royal Moth (no common name) Bloody Basin. The habitat is described indicate that listing the sage sphinx may (Sphingicampa raspa) as permanent, clean, slow-moving small be warranted. streams, with loose gravelly substrate This royal moth is known to occur in and very little sand. The species likely southeastern Arizona and Big Bend, Arachnids hides under rocks and may occur in Texas. On August 3, 2004, the species Cave Obligate Spider (no common spring brooks as well as creeks (AGFD was photographed in Copper Canyon, name) (Thymoites minero) Cochise County, Arizona, where 20 or 2003). This cave obligate spider can be found Factor A: According to AGFD (2003), more individuals were observed (AGFD in tangled webs built under stones, the riffle beetle requires water that is 2005; NatureServe 2007). No further against walls, and in cracks and crevices high in oxygen content. This factor information regarding the historical or in caves within Cochise County, greatly restricts the species’ distribution current distribution or status of the Arizona (AGFD 2005). AGFD (2005) and results in high sensitivity to species was presented. indicates that further study is needed to pollutants. AGFD (2003) indicates that Factor A: The AGFD (2005) and determine distribution and population activities such as mining, stream NatureServe (2007) identify the lack of size, as well as life history traits of the channelization, and heavy grazing targeted management of habitat and fire as threats to the royal moth and its spider. would deplete the oxygen content of its Factor A: AGFD (2005) identifies habitat. However, neither source habitat and almost certainly be development and vandalism as potential identifies the extent to which these detrimental to this beetle; however, they threats to cave invertebrates; however, management activities may be occurring do not indicate whether these activities no information specific to this cave- in the range of the species nor identifies are occurring or are likely to occur in obligate species or its habitat was the potential impacts of these activities habitats occupied by the species. presented. We have determined that this Factor B, C, D, and E: No information on the species. We have determined that information does not meet the was presented in the petition this information does not meet the substantial information standard. concerning threats to this species from substantial information standard. Factors B, C, D, and E: No information Factors B, C, D, and E: No information these factors. was presented in the petition Based on our evaluation of the was presented in the petition concerning threats to this species from information provided in the petition, we concerning threats to this species from these factors. have determined that the petition does these factors. Based on our evaluation of the not present substantial information to Based on our evaluation of the information provided in the petition, we indicate that listing Parker’s cylloepus information provided in the petition, we have determined that the petition does riffle beetle may be warranted. have determined that the petition does not present substantial information to not present substantial information to Patagonia Eyed Silkmoth (Automeris indicate that listing the cave obligate indicate that listing the royal moth may patagoniensis) spider may be warranted. be warranted. The Patagonia eyed silkmoth is Crustaceans known to occur at Harshaw Creek in the Sage Sphinx (Sphinx eremitoides) Patagonia Mountains in Santa Cruz The sage sphinx is a moth believed to Blackbelted Crayfish (Procambarus County and in the Huachuca Mountains occur in the Great Plains region from nigrocinctus) in Cochise County, Arizona Kansas to Texas west into Colorado and According to NatureServe (2007), the (NatureServe 2007). No further New Mexico (NatureServe 2007), blackbelted crayfish is known to occur information regarding the historical or although there are no documented in five sites in the Neches River basin current distribution or status of the records for Colorado or New Mexico in Angelina and Jasper Counties, Texas. species was presented. (NatureServe 2007). NatureServe (2007) Blackbelted crayfish occur among rocks Factor A: NatureServe (2007) indicates that the species occurs in two and accumulated debris in small, identifies potential replacement of host counties in Kansas and in four counties moderately flowing creeks (NatureServe plant grasses by invasive weeds to be a in Texas. No further information 2007). No further information regarding threat to the moth. However, regarding the historical or current the historical or current distribution or NatureServe (2007) does not indicate distribution or status of the species was status of the species was presented. whether invasive weeds currently occur presented. Factor A: NatureServe (2007) or are likely to occur in known habitat Factor A: NatureServe (2007) indicates that several sites are near an of the moth. Additionally, the known identifies conversion of native habitats airport and that development could moth sites are in two mountain ranges to cultivated agriculture or heavily eliminate populations; however, there is

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66880 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

no discussion or information provided Spinythumb Fairy Shrimp information does not meet the which indicates any adverse impacts to (Streptocephalus moorei) substantial information standard. the species as a result of its location The spinythumb fairy shrimp is Factors B, C, D, and E: No information near an airport nor an indication of known from a site north of the town of was presented in the petition whether development is occurring or is Jimenez in northern Chihuahua, concerning threats to this species from likely to occur in occupied habitats. We Mexico, and from two counties in these factors. have determined that this information southern New Mexico (Maeda-Martinez Based on our evaluation of the does not meet the substantial et al. 2005). In New Mexico, the species information provided in the petition information standard. has been discovered recently in two and in our files, we have determined pools in the town of Columbus in Luna that the petition does not present Factors B, C, D, and E: No information substantial information to indicate that was presented in the petition County and in a stock tank in Sierra County (Maeda-Martinez et al. 2005). listing Arenaria livermorensis may be concerning threats to this species from warranted due to the present or these factors. The area of occupancy is small, though three of the four sites are widely threatened destruction, modification, or Based on our evaluation of the separated (NatureServe 2007). curtailment of its habitat or range. information provided in the petition, we According to NatureServe (2007), the Argemone arizonica (Arizona Prickle- have determined that the petition does species was found at the northern poppy) not present substantial information to Mexico site only in 1971 and has not Argemone arizonica is a plant known indicate that listing the blackbelted been found there since, despite repeated crayfish may be warranted. to occur on steep rocky slopes on the visits. Maeda-Martinez et al. (2005) north wall of Grand Canyon National Neches Crayfish (Procambarus indicate that it may be extirpated there. Park, Coconino County, Arizona Factor A: According to NatureServe nechesae) (NatureServe 2007). No further (2007), habitat destruction is the greatest information regarding the historical or threat to the species. Maeda-Martinez et The Neches crayfish is known to current distribution or status of the al. (2005) indicates that extension of occur in five sites in the Neches River species was presented. Federal Highway Number 45 is altering basin in Angelina and Trinity Counties, Factor A: NatureServe (2007) the habitat at the northern Mexico site. Texas (NatureServe 2007). According to identifies trampling from hiking as a However, the highway construction NatureServe (2007), Neches crayfish possible threat to the species, but does threatens the site where the species has form simple burrows in temporary or not indicate whether trampling is not been found since 1971, despite semipermanent pools in roadside occurring or is likely to occur in the repeated visits. No specific information ditches. No further information future. Further, because Argemone on habitat destruction was presented for regarding the historical or current arizonica is found on steep rocky slopes the remaining three sites. We have distribution or status of the species was on canyon walls, it is not clear that determined that this information does presented. recreationists would favor that type of not meet the substantial information habitat for hiking. We have determined Factor A: NatureServe (2007) standard. that this information does not meet the identifies land alteration as a threat to Factors B, C, D, and E: No information substantial information standard. the Neches crayfish, but does not was presented. Factors B, C, D, and E: No information indicate what type of land alteration Based on our evaluation of the was presented in the petition may be occurring or the impacts such information provided in the petition, we concerning threats to this species from alteration could have on the species. We have determined that the petition does these factors. have determined that this information not present substantial information to Based on our evaluation of the does not meet the substantial indicate that listing of the spinythumb information provided in the petition, we information standard. fairy shrimp may be warranted. have determined that the petition does Factors B, C, and D: No information Flowering Plants not present substantial information to was presented in the petition indicate that listing Argemone arizonica Arenaria livermorensis (Livermore concerning threats to this species from may be warranted. these factors. Sandwort) Arenaria livermorensis is an Batesimalva violacea (Purple Gay- Factor E: NatureServe (2007) states mallow) that there are few known occurrences of herbaceous plant that inhabits crevices the Neches crayfish and that it appears and cracks on cliffs and bare igneous Batesimalva violacea is a shrub to be restricted to a small watershed. In rock walls at high elevations known to occur in the Chisos Mountains (NatureServe 2007). This species is the absence of information identifying of southern Brewster County, Texas, and known only from Mt. Livermore, Jeff other threats to the species and linking is thought to occur in Coahuila and Davis County, Texas (NatureServe Nuevo Leon, Mexico (NatureServe those threats to rarity or geographic 2007). 2007). No further information regarding distribution the species, we do not Factor A: NatureServe (2007) the historical or current distribution or consider rarity or restricted geographic identifies habitat loss and degradation status of the species was presented. distribution to be a threat. We note that as a threat to Arenaria livermorensis; Factors A and B: No information was NatureServe (2007) also states that more however, the cause of loss and presented in the petition concerning and better surveys will probably at least degradation of habitat was not specified. threats to this species from these factors. double the number of occurrences. NatureServe (2007) states that the Factor C: NatureServe (2007) Based on our evaluation of the possible development of an observatory identifies grazing as a threat to information provided in the petition, we on top of Mt. Livermore may constitute Batesimalva violacea, but does not have determined that the petition does a threat to the species; however, there is indicate whether grazing is occurring or not present substantial information to no information indicating whether this is likely to occur in the future in indicate that listing the Neches crayfish development took place or may still take occupied habitats Further, NatureServe may be warranted. place. We have determined that this (2007) does not indicate how grazing

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66881

may be impacting this species (e.g., this information does not meet the Factor A: NatureServe (2007) trampling, habitat degradation, substantial information standard. identifies overgrazing as a threat to predation). We have determined that Factors B, C, D. and E: No information Dalea bartonii, but does not indicate this information does not meet the was presented in the petition whether grazing is occurring or is likely substantial information standard. concerning threats to this species from to occur in the future in occupied Factors D and E: No information was these factors. habitats. Further, NatureServe (2007) presented in the petition concerning Based on our evaluation of the does not indicate how grazing may be threats to this species from these factors. information provided in the petition, we impacting this species (e.g., trampling, Based on our evaluation of the have determined that the petition does habitat degradation, predation). information provided in the petition, we not present substantial information to NatureServe (2007) further identifies the have determined that the petition does indicate that listing Bouteloua kayi may introduction of exotic species as a threat not present substantial information to be warranted. to D. bartonii, but does not identify indicate that listing Batesimalva Cryptantha ganderi (Gander’s which exotic species may be occurring within the range of D. bartonii or how violacea may be warranted. Cryptantha) those exotic species may be impacting Bonamia ovalifolia (Bigpod Bonamia) Cryptantha ganderi is an annual plant D. bartonii. We have determined that Bonamia ovalifolia is a perennial herb known to occur in southern California the information presented concerning known to occur in Brewster County, and Arizona in the United States, and overgrazing and exotic species does not Texas, and in adjacent Coahuila, Mexico Baja California and Sonora in Mexico meet the substantial information (NatureServe 2007). It is an inhabitant of (NatureServe 2007). It is found on sand standard. deep alluvial sands overlying limestone dunes around the head of the Gulf of Factors B, C, D, and E: No information ledges or outcrops along deep river California, including the Gran Desierto was presented in the petition canyons near desert grasslands and de Altar in Sonora, Mexico; the Pinta concerning threats to this species from shrublands (NatureServe 2007). No Sands in Yuma County, Arizona; and these factors. further information regarding the the Borrego Valley in San Diego County, Based on our evaluation of the historical or current distribution or California (NatureServe 2007). information provided in the petition, we have determined that the petition does status of the species was presented. According to the AGFD (2005), six occurrences are known in California and not present substantial information to Factors A: NatureServe (2007) one in Arizona. indicate that listing Dalea bartonii may identifies overgrazing as a threat to Factor A: NatureServe (2007) be warranted. Bonamia ovalifolia, but does not identifies development in California as indicate whether grazing is occurring or Dalea tentaculoides (Gentry’s a threat to the species, claiming that the is likely to occur in the future in Indigobush) expansion of the Borrego airport may occupied habitats Further, NatureServe impact the species’ habitat; however, no Dalea tentaculoides is a perennial (2007) does not indicate how grazing supporting information was provided shrub known historically in the United may be impacting this species (e.g., that allows us to determine if these States from only three areas in southern trampling, habitat degradation, activities are occurring or how they may Arizona: the western and northern predation). We have determined that be impacting the species. No slopes of the Baboquivari Mountains in this information does not meet the information about development was the Tohono O’odham Nation, Mendoza substantial information standard. presented for other portions of the range Canyon in the Coyote Mountains, and Factors B, C, D, and E: No information of the species. NatureServe (2007) Sycamore Canyon in the Atascosa was presented in the petition indicates that sand dune habitats are Mountains on the Coronado National concerning threats to this species from vulnerable to OHV use; however, no Forest (Service 2005). As of 2005, plants these factors. information specific to Cryptantha were only known to occur in Sycamore Based on our evaluation of the ganderi or the specific areas where OHV Canyon and on lands within the Tohono information provided in the petition, we use may be occurring was presented. We O’odham Nation (Schmalzel 2005). The have determined that the petition does have determined that the information plant has also been found at three not present substantial information to presented concerning development and locations in Mexico (Service 2005). The indicate that listing Bonamia ovalifolia OHV use does not meet the substantial first location was found in 1995, may be warranted. information standard. northeast of Hua´sabas in the State of Bouteloua kayi (Kay Gramma) Factors B, C, D, and E: No information Sonora. In 2004, the species was was presented in the petition documented in the Sierra El Humo, Bouteloua kayi is a perennial grass concerning threats to this species from south-southwest of Sasabe, Arizona, in known to occur in limestone crevices in these factors. northwestern Sonora, Mexico (L. Hahn, Brewster County, Texas, where there are Based on our evaluation of the pers. comm. 2004 cited in Service 2005). five known populations (NatureServe information provided in the petition, we Surveys in 2005 documented the 2007). No further information regarding have determined that the petition does persistence of those two populations the historical or current distribution or not present substantial information to and discovered a third in the Sierra de status of the species was presented. indicate that listing Cryptantha ganderi La Madera (Van Devender 2005). Factors A: NatureServe (2007) may be warranted. In 2005, the Service made a 12–month indicates that Bouteloua kayi is possibly finding in response to a January 2, 2002, threatened by overgrazing, but does not Dalea bartonii (Cox’s Dalea) petition to list Dalea tentaculoides indicate whether grazing is occurring or Dalea bartonii is a perennial plant (September 27, 2005; 70 FR 56426). is likely to occur in the future in with one known occurrence in the After reviewing the best scientific and occupied habitats Further, NatureServe drainage of the San Francisco Creek in commercial information available at that (2007) does not indicate how grazing Brewster County, Texas (NatureServe time, we determined the species did not may be impacting this species (e.g., 2007). This population likely contains warrant listing (Service 2005). trampling, habitat degradation, fewer than 1000 individuals Factor A: NatureServe (2007) predation). We have determined that (NatureServe 2007). indicates that seasonal flooding,

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66882 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

watershed degradation due to have determined that the petition does Factor B: No information was overgrazing, and trampling by not present substantial information to presented in the petition concerning recreational users and livestock may be indicate that listing Eleocharis threats to this species from this factor. threats to Dalea tentaculoides, but does cylindrica may be warranted. Factor C: NatureServe (2007) not indicate whether these activities are identifies intense grazing as a threat to Erigeron acomanus (Acoma Fleabane) occurring or are likely to occur in Erigeron bistiensis, but also states that occupied habitat. Further, these Erigeron acomanus is a perennial plants seem free of signs of herbivory potential threats were examined in our herb known to occur in McKinley and (consumption of plants). According to 2005 12–month finding with the Cibola Counties, New Mexico Tonne (2007), livestock grazing is conclusion that the species did not (NatureServe 2007). It is an inhabitant of intense in the area of the single warrant listing (Service 2005), and no sandy arroyos beneath sandstone cliffs described population, but individual newer information was provided by the in the high plateau country of west- plants showed no sign of herbivory; it petitioner than that used in the 2005 central New Mexico. It is presently appears to be relatively unpalatable to finding. We have determined that the known from four small, isolated livestock. We have determined that this information presented does not meet the populations, which are further divided information does not meet the substantial information standard. into distinct geographic subpopulations substantial information standard. Factor B: No information was (Reed 1996). Factors D and E: No information was presented in the petition concerning presented in the petition concerning Factor A: NatureServe (2007) states threats to this species from this factor. threats to this species from these factors. Factor C: NatureServe (2007) indicates that current land uses do not Based on our evaluation of the that consumption by livestock may be a significantly threaten this species’ information provided in the petition, we threat to Dalea tentaculoides, but does habitats. NatureServe (2007) further have determined that the petition does not indicate whether consumption is notes that the species may occasionally not present substantial information to occurring or is likely to occur in the be impacted by mining, but does not indicate that listing Erigeron bistiensis future. Further, this potential threat was identify whether mining is actually may be warranted. examined in our 2005 12–month finding occurring or is likely to occur in the Escobaria guadalupensis (Guadalupe with the conclusion that the species did future. We have determined that this Pincushion Cactus) not warrant listing (Service 2005), and information does not meet the no newer information was provided by substantial information standard. Escobaria guadalupensis is a cactus the petitioner than that used in the 2005 Factors B, C, D, and E: No information known to occur in New Mexico and in finding. We have determined that the was presented in the petition the Guadalupe Mountains National information presented does not meet the concerning threats to this species from Park, Texas (NatureServe 2007). The substantial information standard. these factors. species inhabits exposed slabs and Factors D and E: No information was Based on our evaluation of the fractured outcrops of limestone on steep presented in the petition concerning information provided in the petition, we slopes in open coniferous woodlands threats to this species from these factors. have determined that the petition does (NatureServe 2007). No further Based on our evaluation of the not present substantial information to information regarding the historical or information provided in the petition, we indicate that listing of Erigeron current distribution or status of the have determined that the petition does acomanus may be warranted. species was presented. not present substantial information to Factor A: No information was indicate that listing Dalea tentaculoides Erigeron bistiensis (Bisti Fleabane) presented in the petition concerning may be warranted. Erigeron bistiensis is a perennial herb threats to this species from this factor. Factor B: NatureServe (2007) known from a small area primarily on Eleocharis cylindrica (Cylinder identifies collection of the cactus for Navajo Nation lands in San Juan Spikerush) cultivation as a possible threat to County, New Mexico (NatureServe Eleocharis cylindrica is a perennial Escobaria guadalupensis, but indicates 2007). It is reported that there are fewer sedge known to occur in New Mexico that specimens identified in trade were than 1,000 individuals, which are and Texas (NatureServe 2007). It is an not collected from the wild. We have restricted to a particular type of inhabitant of shallow water or determined that this information does sandstone-derived rock (NatureServe calcareous mud at desert springs and in not meet the substantial information 2007). However, Tonne (2007) has streams (NatureServe 2007). No further standard. questioned the validity of the species information regarding the historical or Factors C, D, and E: No information and believes it to be the common current distribution or status of the was presented in the petition Erigeron pulcherrimus (basin fleabane). species was presented. concerning threats to this species from Factor A: NatureServe (2007) states Factor A: NatureServe (2007) these factors. that wetlands in arid environments are identifies the species’ placement in an Based on our evaluation of the often in jeopardy, but does not identify area of high oil and gas development as information provided in the petition, we any specific activities or threats that a threat to the species, but does not have determined that the petition does may be impacting Eleocharis cylindrica identify how oil and gas activities may not present substantial information to now or in the future. We have be impacting the species or its habitat. indicate that listing Escobaria determined that this information does NatureServe (2007) also identifies urban guadalupensis may be warranted. not meet the substantial information development as a threat, but does not Euphorbia aaron-rossii (Marble Canyon standard. indicate whether urban development is Factors B, C, D, and E: No information occurring or is likely to occur in Spurge) was presented in the petition occupied habitats. We have determined Euphorbia aaron-rossii is a plant concerning threats to this species from that the information presented known to occur on Navajo Nation lands these factors. concerning oil and gas activities and and in the following areas in Grand Based on our evaluation of the urban development does not meet the Canyon National Park in Coconino information provided in the petition, we substantial information standard. County, Arizona: Marble Canyon, Grand

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66883

Canyon (along the Colorado River on the information does not meet the vertical cliffs in the canyon, habitat not east side of the canyon), and the canyon substantial information standard. likely to be visited by humans. We have of the Little Colorado River (AGFD Factors B, C, D, and E: No information determined that this information does 2005). was presented in the petition not meet the substantial information Factors A, B, C, and D: No concerning threats to this species from standard. information was presented in the these factors. Factors B, C, D, and E: No information petition concerning threats to this Based on our evaluation of the was presented in the petition species from these factors. information provided in the petition, we concerning threats to this species from Factor E: NatureServe (2007) have determined that the petition does these factors. identifies limited geographic range as a not present substantial information to Based on our evaluation of the threat to Euphorbia aaron-rossii. In the indicate that listing Kallstroemia information provided in the petition, we absence of information identifying other perennans may be warranted. have determined that the petition does not present substantial information to threats to the species and linking those Pediomelum humile (Rydberg’s indicate that listing Perityle huecoensis threats to the limited geographic range Scurfpea) of the species, we do not consider may be warranted. limited geographic range to be a threat. Pediomelum humile is a perennial herb known to occur in Val Verde Perityle saxicola (Fish Creek Rock Based on our evaluation of the County, Texas, and possibly in adjacent Daisy) information provided in the petition, we Coahuila, Mexico (NatureServe 2007). Perityle saxicola is a perennial herb have determined that the petition does No further information regarding the known to occur in Gila and Maricopa not present substantial information to historical or current distribution or Counties, Arizona (NatureServe 2007). indicate that listing Euphorbia aaron- status of the species was presented. Its current distribution is found near rossii may be warranted. Factor A: NatureServe (2007) Tonto National Monument, Roosevelt Glossopetalon texense (Texas Grease indicates that habitats are often heavily Lake, and above Horse Camp Creek in Bush) browsed by sheep or goats, but does not the Sierra Ancha Mountains (AGFD indicate how these activities may be Glossopetalon texense is a shrub 2004). Perityle saxicola grows in impacting this species (e.g., trampling, known to occur in Uvalde and Val moisture deficient habitat in cracks and habitat degradation, predation). Verde Counties, Texas (NatureServe crevices on cliff faces, on large boulders, NatureServe (2007) further indicates 2007). No further information regarding and on rocky outcrops in canyons that urbanization could destroy some the historical or current distribution or (AGFD 2004). sites, but not does explain through what Factor A: AGFD (2004) indicates that status of the species was presented. portion of the range these activities may threats to the species are restricted to Factors A and B: No information was occur nor how it would impact the activities requiring blasting, including presented in the petition concerning species. We have determined that the dam, road, and trail construction, but threats to this species from these factors. information presented concerning does not indicate whether these Factor C: NatureServe (2007) states browsing and urbanization does not activities are occurring or are likely to that Glossopetalon texense may be meet the substantial information occur in occupied habitats in the future. susceptible to predation from browsing, standard. AGFD (2004) further indicates that the but does not indicate whether grazing Factors B, C, D, and E: No information species may have been impacted during by livestock or other herbivores was presented in the petition the Roosevelt Dam re-construction in (animals which eat plants) is occurring concerning threats to this species from the 1990s; however, most of the plants or may occur in the future in occupied these factors. occurred up-slope, above construction habitats.. We have determined that this Based on our evaluation of the activities. We have determined that this information does not meet the information provided in the petition, we information does not meet the substantial information standard. have determined that the petition does substantial information standard. Factors D and E: No information was not present substantial information to Factors B, C, D, and E: No information presented in the petition concerning indicate that listing Pediomelum humile was presented in the petition threats to this species from these factors. may be warranted. concerning threats to this species from Based on our evaluation of the Perityle huecoensis (Hueco Mountains these factors. information provided in the petition, we Based on our evaluation of the Rockdaisy) have determined that the petition does information provided in the petition, we not present substantial information to Perityle huecoensis is a plant known have determined that the petition does indicate that listing Glossopetalon to occur in the Hueco Mountains on not present substantial information to texense may be warranted. Fort Bliss Military Reservation in El indicate that listing Perityle saxicola Paso County, Texas, and in the Sierra Kallstroemia perennans (Perennial may be warranted. Juarez, Mexico (NatureServe 2007). Caltrop) According to NatureServe (2007), the Perityle warnockii (River Rockdaisy) Kallstroemia perennans is a plant Texas population consists of a total of Perityle warnockii is a plant known to known to occur in Presidio, Val Verde 700 to 800 plants. No further occur in the Pecos River in Val Verde and Brewster Counties, Texas information regarding the historical or County, Texas (NatureServe 2007). No (NatureServe 2007). No further current distribution or status of the further information regarding the information regarding the historical or species was presented. historical or current distribution or current distribution or status of the Factor A: Worthington (1991) status of the species was presented. species was presented. identifies human activity as a potential Factors A: NatureServe (2007) Factor A: According to NatureServe threat to the genus Perityle in an indicates that the area is heavily grazed (2007), Kallstroemia perennans occurs occupied canyon; however, he does not by sheep and goats, but does not in an area subject to land abuse; describe the nature of the human indicate how these activities may be however, these abuses are not specified. activity. Worthington (1991) also reports impacting this species (e.g., trampling, We have determined that this that Perityle huecoensis occurs on habitat degradation, predation).

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66884 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

Factors B, C, D, and E: No information Factors B, C, D, and E: No information Factor A: NatureServe (2007) was presented in the petition was presented in the petition indicates that Valerianella nuttallii concerning threats to this species from concerning threats to this species from occurs in hay meadows in which these factors. these factors. moderate grazing occurs; however, Based on our evaluation of the Based on our evaluation of the NatureServe (2007) does not identify information provided in the petition, we information provided in the petition, we moderate grazing as a threat to the have determined that the petition does have determined that the petition does species. We have determined that this not present substantial information to not present substantial information to information does not meet the indicate that listing Perityle warnockii indicate that listing Rhododon substantial information standard. may be warranted. angulatus may be warranted. Factors B, C, D, and E: No information Quercus graciliformis (Slender Oak) Sophora gypsophila (Gypsum Necklace) was presented in the petition concerning threats to this species from Quercus graciliformis is a plant Sophora gypsophila is a shrub known these factors. known to occur in the Chisos Mountains to occur in Culberson County in western Based on our evaluation of the in Big Bend National Park, Brewster Texas and in adjacent Eddy and Otero information provided in the petition, we County, Texas, and in adjacent northern Counties in southern New Mexico have determined that the petition does Chihuahua, Mexico (NatureServe 2007). (NatureServe 2007). There is an not present substantial information to No further information regarding the additional occurrence 300 km (185 mi) indicate that listing Valerianella historical or current distribution or to the south in Chihuahua, Mexico nuttallii may be warranted. status of the species was presented. (NatureServe 2007). NatureServe (2007) Factor A: NatureServe (2007) estimates that there are approximately Ferns and Allies identifies the activities of tourists as a 2000 known individuals of the species. Grimmia americana (no common name) threat to this species, but does not Factors A, B, C, and D: No identify the type of activities nor how information was presented in the Grimmia americana is a moss known they may be impacting this species. petition concerning threats to this to occur in western Texas, southern NatureServe (2007) further identifies species from these factors. Nevada, and central Arizona occasional drought as a threat to the Factor E: NatureServe (2007) (NatureServe 2007). No further species, but provides no information identifies the effects of climate change information regarding the historical or concerning the frequency or intensity of as a threat to Sophora gypsophila. current distribution or status of the these droughts or how the species is NatureServe (2007) indicates that the species was presented. impacted by drought. We have distribution of the species is declining Factor A: Stark (1999) states that the determined that the information as its habitat becomes drier due to Grimmia americana population in Clark presented concerning tourist activities climate change. Information in our files County, Nevada, occurs at an entry and drought does not meet the indicates that warming of the climate is point to a canyon containing substantial information standard. unequivocal and that drying trends in petroglyphs, and due to relatively high Factors B, C, D, and E: No information the southwestern United States are public access, is likely impacted by was presented in the petition likely to persist (Intergovernmental trampling by humans. Because this concerning threats to this species from Panel on Climate Change 2007a, p. 30; species is known to occur on cliffs and these factors. Intergovernmental Panel on Climate boulders (NatureServe 2007), it is likely Based on our evaluation of the Change 2007b, p. 887); however, we somewhat protected from recreational information provided in the petition, we find the information presented in the users. No information is presented have determined that the petition does petition and readily available in our concerning recreational use at the Texas not present substantial information to files to be insufficiently specific to or Arizona site. We have determined indicate that listing Quercus Sophora gypsophila or its habitat. that this information does not meet the graciliformis may be warranted. Based on our evaluation of the substantial information standard. information provided in the petition, we Factors B, C, D, and E: No information Rhododon angulatus (Lonestar Sand- have determined that the petition does was presented in the petition mint) not present substantial information to concerning threats to this species from Rhododon angulatus is a plant known indicate that listing Sophora gypsophila these factors. from two populations occurring in may be warranted. Based on our evaluation of the Aransas County, Texas (NatureServe information provided in the petition, we 2007). It is also reported in Nueces and Valerianella nuttallii (Nuttall’s Corn- have determined that the petition does Refugio Counties; however, these salad) not present substantial information to reports remain unconfirmed Valerianella nuttallii is an herbaceous indicate that listing Grimmia americana (NatureServe 2007). No further plant that is limited to western Arkansas may be warranted. information regarding the historical or and eastern Oklahoma. The species is Riccia californica (no common name) current distribution or status of the known from few remaining individuals species was presented. (approximately 1,000-3,000) Riccia californica is a moss reported Factor A: NatureServe (2007) notes (NatureServe 2007). The species from west-central Oregon south to San that threats to Rhododon angulatus historically occurred in 11 counties in Francisco and Santa Clara Counties in include suburban sprawl, industrial western Arkansas (NatureServe 2007) northern California, with a disjunct development, and road widening, but and in 13 counties in eastern Oklahoma population reported from San Diego does not indicate whether these (Oklahoma Biological Survey 2002), and County in southern California (Stark activities are occurring or are likely to is currently thought to occur in 7 and Whittemore 1992; NatureServe occur in the future nor how these counties in Arkansas and 3 in Oklahoma 2007). It has also been reported from activities may impact R. angulatus. We (NatureServe 2007). The species is Texas (Schuster 1992). have determined that this information found in areas with saturated soils Factor A: NatureServe (2007) does not meet the substantial associated with shale (NatureServe indicates the population in southern information standard. 2007). California may be threatened by

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66885

development, but the nature of the determined that this information does species near Willcox and near Bonita development and impact on the species not meet the substantial information (where not previously recorded), but not were not discussed. Additionally, no standard. in the Whitlock Valley (Sullivan et al. information was presented concerning Factor B, C, D, and E: No information 2005). Sullivan et al. (2005) did not find the present or threatened destruction, was presented in the petition appropriate habitat at the historical modification, or curtailment of its concerning threats to this species from Fairbank site and believe it was a base habitat in the rest of its range in these factors. camp rather than the actual collection northern California, Oregon, and Texas. Based on our evaluation of the site. We have determined that this information provided in the petition, we Factor A: NatureServe cited the AGFD information does not meet the have determined that the petition does (2006) in indicating that habitat substantial information standard. not present substantial information to degradation due to urban and Factors B, C, D, and E: No information indicate that listing Acarospora agricultural development and improper was presented in the petition clauzadeana may be warranted. livestock grazing may be threats to the concerning threats to this species from Omphalora arizonica (no common species. Sullivan et al. (2005) noted that these factors. name) one historical collecting site is now a Based on our evaluation of the housing development where they found information provided in the petition, we Omphalora arizonica is a lichen no whiptails during their surveys. While have determined that the petition does known to occur in the mountains in they found the species at seven of eight not present substantial information to Santa Cruz and Apache Counties, historical collecting sites, they found indicate that listing Riccia californica Arizona; in Bernalillo, Lincoln, Otero, evidence of recent heavy grazing at most may be warranted. San Miquel, Union, and Don˜ a Ana sites occupied by the species (Sullivan Counties, New Mexico; and in Larimer, et al. 2005). Lichens Mineral, and Saguache Counties, Factor B, C, D, and E: No information Acarospora clauzadeana (no common Colorado (NatureServe 2007). was presented in the petition name) Factor A: NatureServe (2007) concerning threats to this species from identifies mechanical disturbance such Acarospora clauzadeana is a lichen these factors. as rock climbing in the Sandia Based on our evaluation of the known to occur near Roswell in Chaves Mountains of New Mexico as a threat to County, New Mexico; near Almeria in information provided in the petition, we Omphalora arizonica; however, this have determined that the petition Andalusia, Spain; and near Cuatro threat is not considered by NatureServe Cienegas in Coahuila, Mexico presents substantial information to to be of significant concern. We have indicate that listing the Arizona striped (NatureServe 2007). In New Mexico, it determined that this information does is very specific in where it colonizes as whiptail may be warranted due to the not meet the substantial information present or threatened destruction, it is restricted to pure gypsum that has standard. been eroded to knife-sharp edges modification, or curtailment of its Factors B, C, and D: No information habitat or range resulting from (NatureServe 2007). The current size of was presented in the petition the area occupied by this species is development and improper livestock concerning threats to this species from grazing. apparently small, even though it occurs these factors. in three distinct parts of the world Factor E: NatureServe (2007) Amphibians (NatureServe 2007). The lichen is identifies air pollution as a threat to sparsely distributed throughout its local Black-spotted Newt (Notophthalmus Omphalora arizonica, but does not meridionalis) area in New Mexico. It is difficult to identify the nature of such pollution nor quantify abundance of this species its impacts on this lichen. We have The black-spotted newt is known to because it deeply penetrates stony determined that this information does occur along the Gulf Coastal Plain, from rocks. It is not clearly known how this not meet the substantial information south of the San Antonio River in Texas species disperses and whether it has standard. southward to Tamaulipas, northern relatively recently colonized certain Based on our evaluation of the Veracruz, and southeastern San Luis sites or it was once more common than information provided in the petition, we Potosi, Mexico (NatureServe 2007). it is now and surviving historic sites are have determined that the petition does Adults, juveniles, and larvae of the being observed (NatureServe 2007). The not present substantial information to species inhabit permanent and status of the populations in Spain and indicate that listing Omphalora temporary ponds, roadside ditches, and Mexico are unknown (NatureServe arizonica may be warranted. quiet stream pools. The species is 2007). usually found among submerged Factor A: NatureServe (2007) Species For Which Substantial vegetation such as Chara spp. indicates that gypsum mining, off-road Information Was Presented (muskgrass) and under rocks and other vehicle use, and other recreational Reptiles shelter when ponds dry up (NatureServe activities are potential threats to 2007). NatureServe (2007) reports Acarospora clauzadeana, but does not Arizona Striped Whiptail (Aspidoscelis results from a Service survey in the mid- indicate whether any of these activities arizonae) 1980’s whereby the black-spotted newt are occurring or are likely to occur in The Arizona striped whiptail is a was observed at 5 localities, 2 in Texas occupied habitats. Additionally, lizard which inhabits grasslands and and 3 in Mexico, during 221 surveys NatureServe (2007) indicates that its shrublands and is reported to occur in conducted. Additionally, NatureServe habitat is naturally subject to erosion a small range in southeastern Arizona, (2007) reports that the species could be such that any activity that accelerates including in the vicinity of the towns of absent from two of the three known erosion would threaten the species; Willcox (Cochise County) and Fairbank localities in Mexico, but still exists in however, NatureServe (2007) does not (Cochise County), and the Hackberry Siberia in northern Veracruz. The black- identify any specific erosion Ranch in Whitlock Valley (Graham spotted newt was formerly a candidate accelerating threats occurring or likely County) (Sullivan et al. 2005). Surveys 2 species, a taxa for which information to occur in occupied habitats. We have from 2000 through 2003 found the in our possession indicated that

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66886 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

proposing to list was possibly in water quality and thus vulnerable to concerning threats to this species from appropriate, but for which persuasive groundwater pollutants. NatureServe these factors. data on biological vulnerability and (2007) further indicates the salamander Based on our evaluation of the threat were not available to support a is likely threatened by falling information provided in the petition, we proposed listing rule. This species has groundwater levels that have resulted have determined that the petition had no Federal Endangered Species Act from increased pumping to support presents substantial information to status since the practice of maintaining residential and commercial indicate that listing the Comal blind a list of candidate 2 species was development in the region. Campbell Salamander may be warranted due to discontinued in 1996. (2003) indicates that increased the present or threatened destruction, Factor A: NatureServe (2007) groundwater use coupled with drought modification, or curtailment of its identifies past habitat alteration within in the region is a serious threat to habitat or range resulting from the historic range of the species in Texas aquatic species in the Edwards Aquifer. groundwater withdrawal and and Mexico as a threat to the species; Factor B, C, D, and E: No information contamination. however, no information is provided was presented in the petition concerning the potential for alteration of Comal Springs Salamander (Eurycea sp. concerning threats to this species from 8) currently occupied habitats. We have these factors. determined that this information does Based on our evaluation of the The Comal Springs salamander is not meet the substantial information information provided in the petition, we known to occur only in Comal Springs standard. have determined that the petition in Landa Park and Landa Lake, Texas. Factor A: NatureServe (2007) cites Factors B and C: No information was presents substantial information to Chippindale et al. (2000), who note that presented in the petition concerning indicate that listing Blanco blind several species that occur in the Comal threats to this species from these factors. salamander may be warranted due to the Factor D: NatureServe (2007) states Springs ecosystem are threatened by present or threatened destruction, that it is unknown whether any habitat loss and modification due to modification, or curtailment of its occurrences are appropriately protected groundwater withdrawal and habitat or range resulting from water or managed. The species is listed as groundwater contamination within the pollutants and water withdrawal. endangered by the Mexican government, Edwards Aquifer. Because the Comal but it is not known to occur in any Comal Blind Salamander (Eurycea Springs salamander co-occurs with protected areas in Mexico (NatureServe tridentifera) these species, it may be facing the same (2007). The species is listed as The Comal blind salamander is threats. Factor B, C, D, and E: No information threatened by Texas Parks and Wildlife known to occur in the southeastern was presented in the petition Department. Texas Parks and Wildlife margin of the Edwards Plateau and the concerning threats to this species from Department regulations prohibit the Cibolo Sinkhole Plain region of Comal these factors. taking, possession, transportation, or County, Bexar County, and possibly in sale of any of the animal species Based on our evaluation of the Kendall County, Texas (NatureServe information provided in the petition, we designated by State law as endangered 2007). Its current distribution includes or threatened without the issuance of a have determined that the petition Badweather Pit, Honey Creek Cave, presents substantial information to permit. Ebert Cave, Comal Springs, Pedernales Factor E: Dixon (1987) identifies the indicate that listing the Comal Springs Spring 1 and Spring 2, and caves at use of herbicide and pesticide as a salamander may be warranted due to the Camp Bullis Army Base (Chippindale threat to the species, indicating that the present or threatened destruction, and Hills 1994, Hills and Chippindale species ‘‘has become endangered in modification, or curtailment of its 2000). Hills and Chippindale (2000) Texas because pesticides and herbicides habitat or range resulting from listed at least seven separate have been used throughout its area of groundwater withdrawal and occurrences of the species in recent distribution in Texas.’’ groundwater contamination. Based on our evaluation of the surveys. Texas Salamander (Eurycea neotenes) information provided in the petition, we Factor A: NatureServe (2007) cites have determined that the petition Hills and Chippindale (2000), who note The Texas Salamander is known to presents substantial information to that several species that occur in the occur in Bexar County in south-central indicate that listing the black-spotted Comal Springs ecosystem are threatened Texas (NatureServe 2007). It was newt may be warranted due to the other by habitat loss and modification due to formerly thought to be a wide-ranging natural or manmade factors affecting its groundwater withdrawal and species (Sweet 1984), but recent genetic continued existence resulting from groundwater contamination within the data indicates that it is restricted to herbicide and pesticide use. Edwards Aquifer. Because the Comal Helotes Creek Spring, Leon Springs, and blind salamander co-occurs with these Mueller’s Spring (Chippindale et al. Blanco Blind Salamander (Eurycea species, it may be facing the same 2000). No further information regarding robusta) threats. NatureServe (2007) also the historical or current distribution or The Blanco blind salamander is found indicates that the species may be status of the species was presented. in water-filled underground caverns threatened by land development; Factor A: Bruce (1976) identifies known to occur in the San Marcos Pool however, no information was provided frequent drought and occasional of the Balcones Aquifer (part of the indicating that development is flooding, which would destroy or Edwards Aquifer), Hays County, Texas occurring or is likely to occur in areas modify its habitat, as threats to the (NatureServe 2007). It is known from occupied by the species. We have Texas salamander. Although those four specimens observed in 1951 where determined that the information Texas salamanders in permanent only one was collected and preserved presented concerning land development springs or underground waters would be (NatureServe 2007). does not meet the substantial expected to survive droughts, it is likely Factor A: NatureServe (2007) information standard. that many would be trapped indicates that the Blanco blind Factor B, C, D, and E: No information downstream in drying surface pools salamander may be sensitive to changes was presented in the petition (Bruce 1976). Information readily

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66887

available in our files confirms that upstream recolonization. NatureServe pollution, dewatering, and nonnative droughts occur in this region of south- (2007) claims that pollution from oil, species. central Texas (72 FR 71040, December feedlots, and pesticides is probably also Nueces Shiner (Cyprinella sp. 2) 13, 2007). preventing upstream recolonization. Factor B: No information was Based on our evaluation of the The Nueces shiner is a small fish presented in the petition concerning information provided in the petition, we known to occur in clear, cool headwater threats to this species from this factor. have determined that the petition creeks of the Nueces River in Texas Factor C: Bruce (1976) indicates that presents substantial information to (Richardson and Gold 1995). a high mortality rate in juvenile Texas indicate that listing the Arkansas River Factor A: Groundwater levels for salamanders may be due to high speckled chub may be warranted due to much of south-central Texas have predation, but provides no information the present or threatened destruction, decreased substantially over the past on the type of predation that may be modification, or curtailment of its decade, resulting in significantly occurring. We have determined that this habitat or range resulting from water reduced water flow in spring-fed rivers, information does not meet the impoundment and diversion projects, including the Nueces River (Richardson substantial information standard. and due to other natural or manmade and Gold 1995; NatureServe 2007). In Factors D and E: No information was factors affecting its continued existence addition, much of the land in the presented in the petition concerning resulting from restricted recolonization. Nueces River basin is used for agriculture, and both improper grazing threats to this species from these factors. Chihuahua Catfish (Ictalurus sp. 1) Based on our evaluation of the by livestock and possible stream information provided in the petition, we The Chihuahua catfish historically pollution from pesticides and other have determined that the petition occurred in the Rio Grande basin in chemicals may pose serious problems presents substantial information to New Mexico, Texas, and Mexico, and for the Nueces shiner (Richardson and indicate that listing the Texas possibly the Rio San Fernando basin in Gold 1995; NatureServe 2007). salamander may be warranted due to the Nuevo Leon and Tamaulipas, Mexico Factors B, C, D, and E: No information present or threatened destruction, (Service 1994). According to Service was presented in the petition modification, or curtailment of its (1994), the species trend is declining concerning threats to this species from habitat or range resulting from drought. and may be extirpated in the United these factors. States. Anderson et al. (1995) indicate Based on our evaluation of the Fish that catfishes in general show a pattern information provided in the petition, we Arkansas River Speckled Chub of reduced relative abundance in most have determined that the petition (Macrhybopsis tetranema) Texas rivers. The Chihuahua catfish was presents substantial information to formerly a candidate 2 species, a taxa indicate that listing the Nueces shiner The Arkansas River speckled chub is for which information in our possession may be warranted due to the present or a fish known to occur in shallow indicated that proposing to list was threatened destruction, modification, or channels of large, permanently flowing, possibly appropriate, but for which curtailment of its habitat or range sandy streams (NatureServe 2007). persuasive data on biological resulting from reduced water flow, Historically, it occurred in the upper vulnerability and threat were not improper grazing by livestock and Arkansas River basin in Oklahoma, available to support a proposed listing pollution. Kansas, Texas, New Mexico, and rule. This species has had no Federal Pecos Pupfish (Cyprinodon pecosensis) Colorado. It is currently known to be Endangered Species Act status since the extant in two widely disjunct areas: the practice of maintaining a list of The Pecos pupfish is known from a Ninnescah River and an associated candidate 2 species was discontinued in small range in the Pecos River drainage portion of the Arkansas River in Kansas, 1996. of New Mexico and Texas (NatureServe and the South Canadian River between Factor A: Anderson et al. (1995) 2007). The historical range of the Ute and Meredith reservoirs in New identify causes for changes in diversity species includes the Pecos River from Mexico and Texas (Eisenhour 1999; of fishes in Texas, including dam Bitter Lake National Wildlife Refuge and Luttrell et al. 1999). construction, proliferation of exotic Bottomless Lakes State Park near Factor A: According to NatureServe species, and increasing water demands; Roswell, New Mexico, downstream (2007) and Luttrell et al. (1999), the however, no information specific to this approximately 650 km (404 mi) to the Arkansas River speckled chub may be species is included. Information in mouth of Independence Creek, Texas threatened by continuing river Service (1994) supports the information (Service 2000). The species was also impoundments, water diversion presented in Anderson et al. (1995) and found in gypsum sinkholes and saline projects, drought, and depletions of notes that the aquatic habitats of this springs at Bitter Lake National Wildlife groundwater. catfish are threatened with pollution Refuge; sinkholes and springs at Factors B, C, and D: No information and dewatering, and that nonnative Bottomless Lakes State Park; and in Salt was presented in the petition species threaten native fish fauna. Creek, Reeves County, Texas. As of concerning threats to this species from Factors B, C, D, and E: No information 2000, the species was known to occur these factors. was presented in the petition only in the upper reach of Salt Creek in Factors E: Reservoirs and dewatered concerning threats to this species from Texas, in the Pecos River from north of river stretches may pose further threats these factors. Malaga upstream to Bitter Lake National to the species by creating barriers to Based on our evaluation of the Wildlife Refuge, Bottomless Lakes State movement and recolonization (Luttrell information provided in the petition, we Park, and the Bureau of Land et al. 1999). According to NatureServe have determined that the petition Management (BLM) Overflow Wetlands (2007) and Luttrell et al. (1999), the presents substantial information to Wildlife Habitat Area/Area of Critical species has declined in Kansas and indicate that listing the Chihuahua Environmental Concern (Service 2000). Arkansas due to dewatering of streams, catfish may be warranted due to the Factor A: Information presented in and low-water dams and other present or threatened destruction, NatureServe (2007) and verified by obstructions, which may have modification, or curtailment of its Service (2000) indicates Pecos pupfish fragmented habitat and blocked habitat or range, resulting from habitat may be threatened by alterations

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66888 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

of habitat, such as dewatering, that the decline in abundance is habitat or range resulting from channelization, and nonnatural flow particularly evident in the Sabinal River development and pollution. regime, due to excessive groundwater (Richandson and Gold 1995). Toothless Blindcat (Trogloglanis pumping and dams on the Pecos River. Factor A: The species’ decline is pattersoni) Lower water tables may also eliminate believed to be associated with habitat water flow between sinkholes, isolating alteration resulting from dewatering, The toothless blindcat is a catfish small populations. Oil spills from improper grazing by livestock, and known to occur in five wells that pipelines into Salt Creek, Texas, have possible stream pollution from penetrate the San Antonio Pool of the occurred and accidental spills or leaks pesticides and other agricultural Edwards Aquifer in and near San may represent an ongoing threat to chemicals (Richardson and Gold 1995; Antonio, Bexar County, Texas water quality throughout its range. NatureServe 2007). (NatureServe 2007). Factor A: Ono et al. (1983) identify Factor B and C: No information was Factors B, C, D, and E: No information decreasing water levels in the Edwards presented in the petition concerning was presented in the petition Aquifer and contamination from threats to this species from these factors. concerning threats to this species from chemical pollution as threats to the Factor D: In 1999, the Texas Parks and these factors. toothless blindcat. The Edwards Aquifer Wildlife Department; New Mexico Based on our evaluation of the supplies irrigation and drinking water to Department of Game and Fish information provided in the petition, we the area around San Antonio, Texas (NMDGF); New Mexico Energy, have determined that the petition Minerals, and Natural Resources (Ono et al. 1983). Projected increases in presents substantial information to Department; New Mexico Department of the human population around San indicate that listing the Plateau shiner Agriculture; New Mexico Antonio will likely result in an increase may be warranted due to the present or Environmental Department; New in water usage which would lower the threatened destruction, modification, or Mexico Office of the State Engineer; water level in the aquifer to below the curtailment of its habitat or range BLM; and Service signed a conservation rainfall recharge zone (Ono et al. 1983). resulting from dewatering, improper agreement for the Pecos pupfish. The As such, the species may be vulnerable grazing by livestock, and possible purpose of the agreement was to secure to pollution and depletion of the aquifer stream pollution. and protect the Pecos pupfish within its (Ono et al. 1983). In addition, Anderson occupied and historical range (Texas San Felipe Gambusia (Gambusia et al. (1995) includes local habitat Parks and Wildlife Department et al. clarkhubbsi) disturbances, such as the alteration of 1999); however, the agreement expired The San Felipe gambusia is a fish instream flow and eutrophication as in 2004 and has not been renewed. known to occur in San Felipe Creek, Val threats to the species. Eutrophication is Factor E: The Pecos pupfish may be caused by an excess of nutrients, such threatened by hybridization with the Verde County, Texas. The species appears to prefer edge or quiet water as nitrogen and phosphorus, which sheepshead minnow (Cyprinodon stimulate excessive plant growth that variegatus) (NatureServe 2007; Service habitat in close association to areas with significant spring flows (Garrett and results in the depletion of dissolved 2000). The sheepshead minnow was oxygen needed by the toothless apparently introduced into the Pecos Edwards 2003). On February 13, 2007, we published a 90–day finding in blindcat. River in Texas in the 1980s (Echelle and Factor B, C, and D: No information response to a petition to list the species Connor 1989). Interbreeding with the was presented in the petition as threatened or endangered under the Pecos pupfish lead to hybridization and concerning threats to this species from Act. We found that the petition did not swamping of the genetic material of the these factors. Pecos pupfish with that of the present substantial information that the Factor E: Competition may be a threat sheepshead minnow and Pecos pupfish- species warranted listing at that time (72 due to the rapid increase of exotic sheepshead minnow hybrids. As of FR 6703). However, we are re-evaluating species within the toothless blindcat’s 1998, the sheepshead minnow had the information we considered at that occupied habitat (Anderson et al. 1995). replaced the Pecos pupfish in about time and information presented in the Based on our evaluation of the two-thirds of its former range. current petition. information provided in the petition, we Based on our evaluation of the Factor A: San Felipe Creek is an urban have determined that the petition information provided in the petition, we stream that has been modified for bank presents substantial information to have determined that the petition stabilization, flood control, public indicate that listing the toothless presents substantial information to access, road bridges, and diversion of blindcat may be warranted due to the indicate that listing the Pecos pupfish irrigation water (Garrett and Edwards present or threatened destruction, may be warranted due to the present or 2003). As a result, the San Felipe modification, or curtailment of its threatened destruction, modification, or gambusia may be threatened by water habitat or range other natural or curtailment of its habitat or range as a quality problems including elevated manmade factors affecting its continued result of water quality and quantity nitrate, phosphate, and orthophosphate existence resulting from water issues, and due to other natural or levels (Garrett and Edwards 2003). drawdown and pollution, or to other manmade factors affecting its continued Factors B, C, D, and E: No information natural or manmade factors affecting its existence as a result of hybridization was presented in the petition continued existence resulting from with the sheepshead minnow. concerning threats to this species from competition. these factors. Plateau Shiner (Cyprinella lepida) Based on our evaluation of the White Sands Pupfish (Cyprinodon The Plateau shiner is a small fish information provided in the petition, we tularosa) known to occur in a small range in the have determined that the petition The White Sands pupfish occurs in clear, cool spring-fed headwater creeks presents substantial information to Lincoln, Otero, and Sierra Counties, of the Frio and Sabinal Rivers in central indicate that listing the San Felipe New Mexico (NatureServe 2007). The Texas (Nueces River system). Survey gambusia may be warranted due to the species is abundant where its habitat efforts indicate that population sizes present or threatened destruction, occurs in the Tularosa Basin within the have decreased appreciably and suggest modification, or curtailment of its White Sands Missile Range and

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66889

Holloman Air Force Base, where the Widemouth Blindcat (Satan far west as the San Jacinto and Trinity White Sands pupfish typically occurs in eurystomus) Rivers, Texas, eastward through the clear, shallow water over a variety of The widemouth blindcat is a catfish Neches and Sabine systems into the Red substrates, ranging from sand and gravel known to occur in five artesian wells River and Bayou Pierre of north central to silt and mud (NatureServe 2007, U.S. penetrating the San Antonio Pool of the Louisiana (Howells et al. 1996, 1997). Army et al. 2006). Edwards Aquifer in and near San We have information in our files that in Factor A: NatureServe (2007) Antonio, Bexar County, Texas an extensive survey for mussels throughout Texas, Howells (2006) found identifies habitat alteration as a threat to (NatureServe 2007). the species at only two sites in eastern the White Sands pupfish. According to Factor A: Ono et al. (1983) identify Texas and concluded that it has NatureServe (2007), feral horses degrade decreasing water levels in the Edwards declined in Texas in recent decades. aquatic habitats; however, no further Aquifer and contamination from chemical pollution as threats to the Factor A: NatureServe (2007) discussion was provided. We have no indicates that general human information that feral horses occur in toothless blindcat. The Edwards Aquifer supplies irrigation and drinking water to modification of the area, including that portion of the Tularosa Basin; timber cutting, gravel and sand removal, the area around San Antonio, Texas however, information in our files is impacting mussel species within the (Ono et al. 1983). Projected increases in indicates that oryx (Oryx gazelle), an region. The Louisiana Department of the human population around San exotic African ungulate, occurs and Wildlife and Fisheries (2007) identifies Antonio will likely result in an increase breeds year long in the area (Rowley loss of habitat as a result of siltation and in water usage which would lower the 2001). NatureServe (2007) states that impoundments, and stream pollution as water level in the aquifer to below the missile impact in pupfish habitat may threats to the species in that state. rainfall recharge zone (Ono et al. 1983). affect or eliminate a population. We Additional threats likely to affect the In addition, Anderson et al. (1995) have information in our files that species in Texas are poor land and includes local habitat disturbances, missile firing activity occurs in the area water management practices resulting in such as the alteration of instream flow (U.S. Army et al. 2006). According to the loss of mussel habitat (Howells et al. and eutrophication as threats to the NatureServe (2007), surface water 1997) and improper flow control from species. Eutrophication is caused by an withdrawal is prohibited, but military an upstream dam in the Neches River excess of nutrients, such as nitrogen and activities, such as road construction, (Howells 2006). may require the use of groundwater, phosphorus, which stimulate excessive Factor B: Turgeon et al. (1998) which may affect the quality of aquatic plant growth that results in the identify overharvesting as a threat to habitats. NatureServe (2007) states that depletion of dissolved oxygen needed mussel species in general; however, no introduced salt cedar (Tamarix spp.) has by the toothless blindcat. information specific to this species was As such, the species may be spread throughout the area occupied by presented. vulnerable to pollution and depletion of the pupfish and may affect water levels Factors C and D: No information was the aquifer (Ono et al. 1983). In or suitability of pupfish habitat. presented in the petition concerning addition, Anderson et al. (1995) NatureServe (2007) states that the use of threats to this species from these factors. includes local habitat disturbances, off-road vehicles by recreationalists or Factor E: Turgeon et al. (1998) such as the alteration of instream flow for military activities is a threat to the identify contamination by viruses, and eutrophication, as being threats to species; however, no further discussion bacteria, harmful algal blooms, and the species. is provided. toxic chemicals as threats to shellfish; Factors B, C, and D: No information however, no information specific to the Factors B and C: No information was was presented in the petition Louisiana pigtoe was provided. Turgeon presented in the petition concerning concerning threats to this species from et al. (1998) also identify competition threats to this species from these factors. these factors. from introduced species as a threat to Factor E: Competition may be a threat Factor D: The White Sands pupfish is mollusk species in general; however, no due to the rapid increase of exotic managed under the implementation of a information specific to the Louisiana species within the widemouth management plan jointly administered pigtoe was provided. by NMDGF, the Service, the U.S. blindcat’s occupied habitat (Anderson et Based on our evaluation of the National Park Service, Holloman Air al. 1995). information provided in the petition, we Based on our evaluation of the Force Base, and White Sands Missile have determined that the petition information provided in the petition, we Range (NatureServe 2007). We do not presents substantial information to have determined that the petition have information on the effectiveness of indicate that listing the Louisiana pigtoe presents substantial information to the implementation of this management may be warranted due to the present or indicate that listing the widemouth plan; however, we will evaluate it more threatened destruction, modification, or blindcat may be warranted due to the thoroughly during our status review for curtailment of its habitat or range present or threatened destruction, the species. resulting from general human modification, or curtailment of its modification of the water and adjacent Factor E: No information was habitat or range other natural or land, siltation, impoundments, and presented in the petition concerning manmade factors affecting its continued water pollution. threats to this species from this factor. existence resulting from water Based on our evaluation of the drawdown and pollution, or to other Sangre de Cristo Peaclam (Pisidium information provided in the petition, we natural or manmade factors affecting its sanguinichristi) have determined that the petition continued existence resulting from The Sangre de Cristo peaclam is a presents substantial information to competition. small freshwater clam known to occur indicate that listing the White Sands Clams in Middle Fork Lake, Taos County, New pupfish may be warranted, resulting Mexico (NMDGF 2008). It is found in from an exotic ungulate, missile-firing Louisiana Pigtoe (Pleurobema riddellii) mud along emergent grasses in sheltered activity, water withdrawal, and the The Louisiana pigtoe is a freshwater embankments and rocky substrates. introduced plant salt cedar. mussel historically known to occur as NMDGF (2008) cites Taylor (1987), who

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66890 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

suggested the clam may occur in other toxic chemicals as threats to shellfish; mussel species in general; however, no portions of the southern Rocky however, no information specific to the information specific to this species was Mountains, but his surveys and those Sangre de Cristo peaclam was provided. presented. initiated by NMDGF in the mid-1990s Turgeon et al. (1998) also identify Factors C and D: No information was have failed to find additional competition from introduced species as presented in the petition concerning occurrences of the clam. We were a threat to mollusk species in general; threats to this species from these factors. petitioned to list the Sangre de Cristo however, no information specific to the Factor E: Turgeon et al. (1998) peaclam in 1985 by NMDGF. In 1987, Sangre de Cristo peaclam was provided. identify contamination by viruses, we published a finding on the petition Based on our evaluation of the bacteria, harmful algal blooms, and indicating that the petitioned action was information provided in the petition, we toxic chemicals as threats to shellfish; warranted, but precluded by work on have determined that the petition however, no information specific to the higher priority listings (July 1, 1987; 52 presents substantial information to southern purple liliput was provided. FR 24485). In 1991, we classified this indicate that listing the Sangre de Cristo Turgeon et al. (1998) also identify species as a candidate 2, a taxon for peaclam may be warranted due to the competition from introduced species as which information in our possession present or threatened destruction, a threat to mollusk species in general; indicated that proposing to list was modification, or curtailment of its however, no information specific to the possibly appropriate, but for which habitat or range resulting from water southern purple liliput was provided. persuasive data on biological pollution. Based on our evaluation of the information provided in the petition vulnerability and threat were not Southern Purple Lilliput (Toxolasma and our files, we have determined that available to support a proposed listing corvunculus) rule. On December 5, 1996, we the petition presents substantial published a rule that discontinued the The southern purple lilliput is a small information to indicate that listing the practice of keeping a list of category 2 freshwater mussel reported from Swamp southern purple lilliput may be candidate species (61 FR 64481), and Creek, Whitfield County, Georgia; warranted due to the present or the Sangre de Cristo peaclam was no Village Creek, Jefferson County, threatened destruction, modification, or longer considered a candidate species. Alabama; the Sipsey Fork and Cahaba curtailment of its habitat or range Factor A: NatureServe (2007) River in Alabama, and historically from resulting from impoundments and poor indicates that threats to the clam may Lake Ashby, Volusia County, Florida water quality. include mining, water pollution from (NatureServe 2007). Current information fish and forest fire management, and in our files indicates that it may remain Triangle Pigtoe (Fusconaia lananensis) dewatering due to population growth. in four locations: the Sipsey Fork, Little The triangle pigtoe is a freshwater NMDGF (2008) supports the assertions Cahaba River, two tributaries to the mussel known to occur in the Neches of NatureServe (2007) in noting that Middle Coosa River, and a site in the and San Jacinto Rivers and Village runoff from placer mining and water Tallapoosa drainage, all within the Creek in three counties in eastern Texas pollution from fish and forest fire Mobile River basin of Georgia and (Howells et al. 1996, NatureServe 2007). management may threaten the species, Alabama (J. Powell 2009, pers. comm.). It is known from collections at 45 sites but does not speak to the threat of According to NatureServe (2007), Isely on the Neches River and 13 on the San dewatering. NatureServe (2007) reported it in 1924 from Cherokee Jacinto River (Howells et al. 1997). It is provides no discussion indicating County, Oklahoma, but records remain believed to be extirpated from all but whether dewatering due to population unconfirmed, and Branson (1982; 1983; one tributary to the Neches River and growth is occurring in occupied 1984) does not include this species in possibly extirpated from the San Jacinto habitats. We do not consider the the mussel fauna of Oklahoma. This River (Howells et al. 1997). This information presented concerning species is known to inhabit the same species’ habitat primarily consists of dewatering to meet the substantial tributaries of the Coosa River in which mixed mud, sand, and fine gravel in information standard. the Georgia pigtoe mussel, interrupted small rivers (Howells et al. 1996). Factor B: Turgeon et al. (1998) rocksnail, and rough hornsnail have Factor A: According to NatureServe identify overharvesting as a threat to recently been proposed as endangered (2007) and Howells et al. (1997), sand mussel species in general; however, no with critical habitat (74 FR 31114, June deposition from environmental information specific to this species was 29, 2009). disturbances to the San Jacinto River presented. Factor A: Hurd (1974) indicates that has caused either the depletion or Factor C: No information was habitat degradation as a result of human extirpation of the species in that river. presented in the petition concerning activities, such as creation of Howells et al. (1997) indicate that the threats to this species from this factor. hydroelectric and other impoundments, population declines are likely due to Factor D: NMDGF (2008) indicates and contamination with sewerage, poor land and water management that a conservation assessment plan for insecticides, and other chemicals, practices that have resulted in the loss this species between the Service, U.S. threatens the species. Dams eliminate or of mussel habitat. Forest Service, and NMDGF was reduce river flow within impounded Factor B: Turgeon et al. (1998) formalized in 1996. According to areas, cause sediment deposition, alter identify overharvesting as a threat to NMDGF (2008), the plan ‘‘calls for water temperature and dissolved oxygen mussel species in general; however, no multi-agency research and management levels, change downstream water flow information specific to this species was efforts direct at protection of the and quality, affect normal flood presented. species.’’ We do not have information patterns, and block upstream and Factors C and D: No information was on the effectiveness of the downstream movement of species (74 presented in the petition concerning implementation of this plan; however, FR 31114). McGregor et al. (2000) also threats to this species from these factors. we will evaluate it more thoroughly indicates that poor water quality in the Factor E: Turgeon et al. (1998) during our status review for the species. Cahaba River from high nutrient inputs identify contamination by viruses, Factor E: Turgeon et al. (1998) may threaten the species there. bacteria, harmful algal blooms, and identify contamination by viruses, Factor B: Turgeon et al. (1998) toxic chemicals as threats to shellfish; bacteria, harmful algal blooms, and identify overharvesting as a threat to however, no information specific to the

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66891

triangle pigtoe was provided. Turgeon et species, we do not consider restricted Factors B, C, and D: No information al. (1998) also identify competition from geographic distribution to be a threat. was presented in the petition introduced species as a threat to Based on our evaluation of the concerning threats to this species from mollusk species in general; however, no information provided in the petition, we these factors. information specific to the triangle have determined that the petition Factor E: Climate change may be a pigtoe was provided. presents substantial information to threat, based on fossil evidence that the Based on our evaluation of the indicate that listing the Bylas range has contracted to higher information provided in the petition, we springsnail may be warranted due to the elevations of the mountain occupied by have determined that the petition present or threatened destruction, the species (Metcalf and Smartt 1997). presents substantial information to modification, or curtailment of its Its declining trend is estimated to be 10 indicate that listing the triangle pigtoe habitat or range resulting from water to 30 percent due to its range may be warranted due to the present or modification and livestock grazing. contraction attributed to drying of the threatened destruction, modification, or climate in the past ten thousand or more Cook’s Peak Woodlandsnail years (Metcalf and Smartt 1997), which curtailment of its habitat or range (Ashmunella macromphaia) resulting from sand deposition, and suggests that the range may continue to poor land and water management The Cook’s Peak woodlandsnail is contract with continued warming of the practices. known to occur on two rock slides, 400 climate. m (1,312 ft) apart, on Cooke’s Peak in Based on our evaluation of the Snails Luna County, New Mexico, and in a information provided in the petition, we have determined that the petition Bylas Springsnail (Pyrgulopsis arizonae) single isolated population located in OK Canyon in Carson National Forest, presents substantial information to indicate that listing the Cook’s Peak The Bylas springsnail is a small northern New Mexico (Lang 2000). woodlandsnail may be warranted due to freshwater snail known to occur in three According to NMDGF (2008), the snails the present or threatened destruction, springs on the north bank of the Gila occupy the edges of the talus, where modification, or curtailment of its River between Bylas and Pima in they occur under rocks, soil, and debris. habitat or range, resulting from fire, Graham County, southeastern Arizona The snail also uses the vegetation rockslides, and mining, and to other (AGFD 2003). According to AGFD surrounding the talus such as oaks natural manmade factors affecting its (2003), the Bylas springsnail occurs in (Quercus sp.), which provide food and continued existence resulting from springs that are mildly thermal, ranging shelter for the species (NMDGF 2008). climate change. from 26 to 32 degrees Celsius (79 to 90 Fossil shells were found at the base of degrees Fahrenheit). The most abundant Cooke’s Peak (Metcalf and Smartt 1997) Dona Ana Tallussnail (Sonorella submergent vegetation is Chara spp., indicating that the species likely todseni) and species of sedges and Distichlis occupied more of the mountain. The The Dona Ana tallussnail is known to (saltgrass) grow along the margins of the Cook’s Peak woodlandsnail was springs. The species is most abundant be restricted to the Dona Ana formerly a candidate 2 species, a taxon Mountains, a small mountain range in on dead wood, gravel, and pebbles for which information in our possession (AGFD 2003). The Bylas springsnail was Dona Ana County, New Mexico (Metcalf indicated that proposing to list was and Smartt 1997). According to formerly a candidate 2 species, a taxon possibly appropriate, but for which for which information in our possession NatureServe (2007), the known persuasive data on biological population size is small, estimated at indicated that proposing to list was vulnerability and threat were not possibly appropriate, but for which less than 1,000 individuals. Although available to support a proposed listing Sullivan (1997) estimated the occupied persuasive data on biological rule. This species has had no Federal vulnerability and threat were not range to be 0.4 ha (1.0 ac), Lang (2000) Endangered Species Act status since the found it at a few additional sites in the available to support a proposed listing practice of maintaining a list of rule. This species has had no Federal mountain range. The Dona Ana candidate 2 species was discontinued in tallussnail was formerly a candidate 2 Endangered Species Act status since the 1996. practice of maintaining a list of species, a taxon for which information Factor A: NatureServe (2007) candidate 2 species was discontinued in in our possession indicated that indicates this species may be threatened 1996. proposing to list was possibly by mining activities and wildfire. appropriate, but for which persuasive Factor A: According to AGFD (2003), According to NMDGF (2008), natural data on biological vulnerability and the snail is threatened by water perturbations of its habitat such as fire threat were not available to support a development, including pond and rockslides, and mining (surface and proposed listing rule. This species has construction, and habitat degradation underground) represent the primary had no Federal Endangered Species Act due to livestock grazing. AGFD (2003) threats to the species. NatureServe status since the practice of maintaining recommends fencing of the springs to (2007) further notes that the mountain a list of candidate 2 species was protect them from the effects of grazing. occupied by the species is grazed by discontinued in 1996. Factor B, C, and D: No information cattle, but that the rocky slopes Factors A: NatureServe (2007) stated was presented in the petition occupied by the woodlandsnail are not that the mountain does not appear to concerning threats to this species from favored by cattle. Lang (2000) have recreational values that would these factors. documented grazing at the type locality threaten the species. NatureServe (2007) Factor E: According to AGFD (2003), for this species and notes that although further notes ‘‘whether mining is a the species is threatened by its restricted cattle likely don’t graze the rocky threat needs to be determined.’’ Lang geographic distribution with associated slopes, intense grazing of the woody (2000) indicates extant populations are potential for extinction due to chance vegetation surrounding the rocky slope highly vulnerable to any forms of soil events. In the absence of information can potentially decrease leaf litter disturbance, including foot traffic by identifying other threats to the species available as food for snails. To this end, human or cattle, or mining activities, and linking those threats to the Lang (2000) recommends exclusion of but does not indicate whether these restricted geographic distribution of the grazing from these areas. activities are occurring or are likely to

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66892 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

occur in tallussnail habitats. We do not was formerly a candidate 2 species, a Endangered Species Act status since the consider the information provided in taxon for which information in our practice of maintaining a list of NatureServe (2007) and Lang (2000) to possession indicated that proposing to candidate 2 species was discontinued in be meet the substantial information list was possibly appropriate, but for 1996. standard. which persuasive data on biological Factor A: According to the AGFD Factors B and C: No information was vulnerability and threat were not (2001), threats to the snail include presented in the petition concerning available to support a proposed listing groundwater depletion, subsequent loss threats to this species from these factors. rule. This species has had no Federal of spring flows, and habitat degradation Factor D: NatureServe (2007) Endangered Species Act status since the due to livestock use. Grapevine and indicates this species is listed by the practice of maintaining a list of Whiskey springs are fenced to prevent State of New Mexico as an endangered candidate 2 species was discontinued in access by livestock, but Tassi Springs is species, which prohibits collection 1996. not fenced, and livestock can access the without a permit; however, Factor A: According to AGFD (2003), spring complex. We also have overcollection was not identified as a the species is threatened by information in our files that ungulate threat under Factor B above. groundwater depletion and reduction of grazing causes degradation of spring Additionally, NatureServe (2007) notes spring flows. AGFD (2003) further habitats in Arizona (Service 2008c). that a portion of the range of the species indicates that protection of spring AGFD (2001) further indicates that occurs on BLM lands in an Area of sources is a needed management fencing of habitats is a needed Critical Concern, although they note activity. management activity. that the adequacy of protection due to Factor B, C, and D: No information Factor B, C, D, and E: No information this designation needs to be reviewed was presented in the petition was presented in the petition further. We have determined that this concerning threats to this species from concerning threats to this species from information does not meet the these factors. these factors. substantial information standard. Factor E: According to AGFD (2003), Based on our evaluation of the Factor E: NatureServe (2007) claims the species’ restricted geographic information provided in the petition, we that restricted range and low numbers of distribution makes it vulnerable to have determined that the petition occurrences of this species are a threat. extinction due to chance events. In the presents substantial information to In the absence of information absence of information identifying other indicate that listing the Grand Wash identifying other threats to the species threats to the species and linking those springsnail may be warranted due to the and linking those threats to the threats to the restricted geographic present or threatened destruction, restricted range and rarity of the species, distribution of the species, we do not modification, or curtailment of its we do not consider restricted range or consider restricted geographic habitat or range, resulting from rarity to be a threat. Old shells found at distribution to be a threat. groundwater depletion, loss of spring the base of the small occupied mountain Based on our evaluation of the flows, and livestock use. beyond the currently occupied sites information provided in the petition, we (NatureServe 2007) suggest that the have determined that the petition Huachuca Woodlandsnail (Ashmunella range of the species has contracted over presents substantial information to levettei) time. Sullivan (1997) indicates that indicate that listing the Gila tryonia may The Huachuca woodlandsnail is range contraction is attributed to drying be warranted due to the present or known to occur in Arizona and New of the climate in the past 10 thousand threatened destruction, modification, or Mexico (NatureServe 2007). No further years and suggests that the range will curtailment of its habitat or range, information regarding the historical or continue to contract with continued resulting from groundwater depletion current distribution or status of the warming of the climate. and reduction of spring flows. species was presented. Based on our evaluation of the Grand Wash Springsnail (Pyrgulopsis Factors A, B, C, and D: No information provided in the petition, we bacchus) information was presented in the have determined that the petition petition concerning threats to this presents substantial information to The Grand Wash springsnail is a species from these factors. indicate that listing the Dona Ana small freshwater snail known to occur Factor E: Fairbanks and Miller (1983) tallussnail may be warranted due to in Grapevine, Whisky, and Tassi springs documented inbreeding and the other natural or manmade factors within the Grand Wash trough, Mohave subsequent loss of heterozygosity (a affecting its continued existence County, northwestern Arizona (AGFD measure of genetic diversity) in several resulting from climate change. 2001). Empty shells suspected to be the populations of Huachuca Grand Wash springsnail were collected Gila Tryonia (Tryonia gilae) woodlandsnail. We are aware that from the southern end of the Virgin inbreeding can act as a stressor in small The Gila tryonia is a freshwater snail Mountains, Clark County, southeastern populations. known to occur in springs on the north Nevada (AGFD 2001). Where they occur, Based on our evaluation of the side of the Gila River between Bylas and the snail may be very abundant, in the information provided in the petition, we Pima in Graham County, Arizona tens of thousands, with as many as 30 have determined that the petition (NatureServe 2007). The species can be to 50 snails being found on a single presents substantial information to found on dead wood, leaves, or stones submerged cottonwood leaf (AGFD indicate that listing the Huachuca in spring or springbrooks (Taylor 1987). 2001). The Grand Wash springsnail was woodlandsnail may be warranted due to Its habitat consists of spring sources that formerly a candidate 2 species, a taxon other natural or manmade factors are all mildly thermal, ranging from 26 for which information in our possession affecting its continued existence to 32 degrees Celsius (79 to 90 degrees indicated that proposing to list was resulting from inbreeding. Fahrenheit) (AGFD 2003). The most possibly appropriate, but for which abundant submergent vegetation is persuasive data on biological Kingman Springsnail (Pyrgulopsis Chara spp., and species of sedges and vulnerability and threat were not conica) Distichlis (saltgrass) grow along the available to support a proposed listing The Kingman springsnail is known to margins of the springs. The Gila tryonia rule. This species has had no Federal occur in the Burns, Dripping, and Cool

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66893

springs in the Black Mountains near groundwater withdrawal and have determined that the petition Kingman, Mohave County, Arizona. The groundwater contamination. presents substantial information to species is a gill breather and, therefore, indicate that listing the Mineral Creek Mineral Creek Mountainsnail (Oreohelix requires perennially flowing water mountainsnail may be warranted due to pilsbryi) (AGFD 2003). Springsnails in the genus the present or threatened destruction, Pyrgulopsis are generally found on rock The Mineral Creek mountainsnail is a modification, or curtailment of its or aquatic plants in moderate current. snail known to occur in a small habitat or range resulting from habitat Factor A: According to AGFD (2003), limestone outcrop in the Black Range disturbance. the species is threatened by mountains of Sierra County, New groundwater depletion and reduction of Mexico (NatureServe 2007; Metcalf and Pecos Springsnail (Pyrgulopsis spring flows. AGFD (2003) also states Smartt 1997; Lang 2000). The species pecosensis) can be found in moist limestone that development is a threat to the The Pecos springsnail is known to crevices and in soil and leaf litter species. AGFD (2003) further indicates occur in southeastern New Mexico beneath limestone rocks. The occupied that protection of the remaining known (Taylor 1987). This snail is known only spring sources is a needed management patches within the outcrop may total less than 0.4 ha (1 ac). Fossil shells are from Blue and Castle springs (Eddy activity. County), which are key habitat areas in Factor B, C, and D: No information common throughout much of the outcrop, indicating a larger historic the State (NMDGF 2008). The historic was presented in the petition range of the Pecos springsnail includes concerning threats to this species from range (NatureServe 2007). The site is on the Gila National Forest (NatureServe areas in New Mexico, but is not found these factors. beyond the State’s borders (NMDGF Factor E: According to AGFD (2003), 2007). 2008). The species is an aquatic, gilled the species’ restricted geographic Factor A: According to NatureServe species found along edges of streams in distribution makes it vulnerable to (2007), threats may include natural mud and pebble substrate (NMDGF extinction due to chance events. In the disturbances, such as fire and rock 2008). At Blue Springs, the species is absence of information identifying other slides. Lang (2000) indicates the species most common at the spring source. The threats to the species and linking those is highly vulnerable to any form of soil stream supports dense masses of Chara threats to the restricted geographic disturbance or mining activity. spp. with an abundance of emergent and distribution of the species, we do not NatureServe (2007) further indicates riparian plants including Salix spp. consider restricted geographic that the area is grazed by livestock, but (willows), Cladium jamaicense distribution to be a threat. the snail inhabits rocky areas that are Based on our evaluation of the not favored by livestock. (sawgrass), cattails, and watercress information provided in the petition Factor B: According to NatureServe (NMDGF 2008). Flows in this spring are and in our files, we have determined (2007) the site is remote and not easily substantial, and the water quality is that the petition presents substantial accessed and does not appear to have excellent (NMDGF 2008). At Castle information to indicate that listing the recreation values that would threaten Springs, habitat is smaller and lower in Kingman springsnail may be warranted the species with overutilization for water quality due primarily to lower due to the present or threatened recreational purposes. flows and more frequent flood-scouring destruction, modification, or Factor C: No information was of the arroyo into which the spring curtailment of its habitat or range presented in the petition concerning issues (NMDGF 2008). resulting from groundwater depletion threats to this species from this factor. Factor A: NMDGF (2008) indicates with loss of spring flow and human Factor D: According to NatureServe that a significant threat to the Pecos development. (2007), the species is listed by the State springsnail is dewatering, which results as endangered, which protects from diversion, drought, and Mimic Cavesnail (Phreatodrobia individuals from collection without a underground pumping in the area. imitata) permit, but does not protect its habitat. Additional threats may include loss or The mimic cavesnail is known from The site is in the Gila National Forest, alteration of habitat due to pollution two wells penetrating the Edwards which must issue permits for mining or from oil and gas exploration and Aquifer, Texas (NatureServe 2007). other activities that could impact the production in the vicinity. According to Factor A: Several species that occur in species. NMDGF (2008), the problem of flood- the Edwards Aquifer are known to be Factor E: According to NatureServe scouring is present at both Blue and facing the threats of loss of habitat due (2007), the species may be threatened by Castle springs due to improper range- to groundwater withdrawal and its narrow range and low number of management and the disturbance of groundwater contamination (Service occurrences. In the absence of surface soils. 1996). Because the mimic cavesnail co- information identifying other threats to Factor B, C, D, and E: No information occurs with these species, it may be the species and linking those threats to was presented in the petition facing the same threats. the limited range of the species, we do Factors B, C, D, and E: No information not consider limited range to be a threat. concerning threats to this species from was presented in the petition NatureServe (2007) also notes that these factors. concerning threats to this species from climate change may be a threat, based Based on our evaluation of the these factors. on fossil evidence that the range has information provided in the petition, we Based on our evaluation of the contracted within the limestone outcrop have determined that the petition information provided in the petition, we occupied by the species; however, no presents substantial information to have determined that the petition supporting information was presented indicate that listing the Pecos presents substantial information to that allows us to verify these claims. We springsnail may be warranted due to the indicate that listing the mimic cavesnail have determined that this information present or threatened destruction, may be warranted due to the present or does not meet the substantial modification, or curtailment of its threatened destruction, modification, or information standard. habitat or range resulting from curtailment of its habitat or range Based on our evaluation of the dewatering, pollution, and flood resulting from resulting from information provided in the petition, we scouring.

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66894 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

Pinaleno Talussnail (Sonorella Quitobaquito Tryonia (Tryonia construction and mining. According to grahamensis) quitobaquitae) AGFD (2003), development of habitat, The Pinaleno talussnail is a land snail The Quitobaquito tryonia is a including mine expansion and found in rockslides from the northeast freshwater snail known to occur in prospecting, may be a threat to the slope of Mount Graham south to the Quitobaquito Springs, Pima County, species. AGFD (2003) further indicates vicinity of Arcadia Campground in the Arizona (AGFD 2003). The species has that protection of habitat from direct Pinaleno Mountains, Graham County, been documented from three springs in and indirect effects of mining is a needed management activity. We have Arizona (AGFD 2003). The Pinaleno the spring complex (NatureServe 2007). information readily available in our files talussnail was formerly a candidate 2 According to AFGD (2003), the species indicating that the general area species, a taxon for which information requires flowing water and has been occupied by the talussnail is known for in our possession indicated that extirpated from parts of the spring its mining potential (El Paso Natural Gas proposing to list was possibly complex. The Quitobaquito tryonia was Company et al. 1998). appropriate, but for which persuasive formerly a candidate 2 species, a taxon Factors B: NatureServe (2007) data on biological vulnerability and for which information in our possession indicates overcollection may be a threat threat were not available to support a indicated that proposing to list was to this species, but provides no proposed listing rule. This species has possibly appropriate, but for which additional information indicating that had no Federal Endangered Species Act persuasive data on biological over-collection may be occurring. We status since the practice of maintaining vulnerability and threat were not have determined that this information a list of candidate 2 species was available to support a proposed listing does not meet the substantial discontinued in 1996. rule. This species has had no Federal information standard. Factor A: The species is known to co- Endangered Species Act status since the Factor C: AGFD (2003) notes that occur with the federally endangered practice of maintaining a list of predation by rodents may be a potential Mount Graham squirrel in the Pinaleno candidate 2 species was discontinued in threat to the species, but provides no Mountains and may be facing threats 1996. information indication that predation is such as potential intense fires resulting Factor A: According to AGFD (2003), occurring or is likely to occur in the from increased fuel loads (Service 1993, the Quitobaquito tryonia is threatened future. We have determined that this pp. 22). Because fires have been with habitat loss and degradation from information does not meet the suppressed for a period of time, dead groundwater pumping, water depletion, substantial information standard. brush and decayed plant matter has and growth of thick vegetation which Factor D: The El Paso Natural Gas built up on top of the talus slopes so inhibits free flowing water. AGFD Company, Arizona Electric Power that the heat of a large fire may be (2003) further indicates that protection Cooperative, AGFD, and Service are intense enough to kill the snails in the of spring source and restoration of parties to a conservation agreement for talus below (AGFD 2003). previously occupied habitats are needed the San Xavier talussnail that was Factor B: The snail inhabits land management actions. signed in 1998 (El Paso Natural Gas primarily used for recreation; however, Factor B, C, and D: No information Company et al. 1998). We do not have the telescope complex on Mount was presented in the petition information on the effectiveness of the Graham and an increase in camping and concerning threats to this species from implementation of this conservation recreational sites are not expected to these factors. agreement; however, we will evaluate it impact these snails to a great extent Factor E: According to AGFD (2003), more thoroughly during our status (AGFD 2003). the Quitobaquito tryonia is restricted in review for the species. Factors C and D: No information was distribution with the associated Factor E: AGFD (2003) identifies presented in the petition concerning potential for extinction due to chance restricted distribution as a threat to the threats to this species from these factors. events. In the absence of information San Xavier talussnail. In the absence of Factor E: AGFD (2003) indicates this identifying other threats to the species additional information identifying other snail faces restricted and declining and linking those threats to the threats to the species and linking one or distribution with associated potential restricted distribution of the species, we more of those threats to the species, we for extinction due to chance events. In do not consider restricted distribution to do not consider rarity to be a threat. the absence of information identifying be a threat. Based on our evaluation of the other threats to the species and linking Based on our evaluation of the information provided in the petition, we those threats to the restricted information provided in the petition, we have determined that the petition distribution of the species, we do not have determined that the petition presents substantial information to consider restricted distribution to be a presents substantial information to indicate that listing the San Xavier threat. AGFD (2003) further notes that indicate that listing the Quitobaquito talussnail may be warranted due to the since 1954, the mimic talussnail tryonia may be warranted due to the present or threatened destruction, (Sonorella imitator) is becoming more present or threatened destruction, modification, or curtailment of its common over the range previously modification, or curtailment of its habitat or range as a result of mining inhabited by the Pinaleno talussnail, habitat or range, resulting from activities. although the reason for and impact of groundwater pumping and loss of free this replacement is unknown. flowing water. Squaw Park Talussnail (Maricopella Based on our evaluation of the allynsmithi) information provided in the petition, we San Xavier Talussnail (Sonorella The Squaw Park talussnail is known have determined that the petition eremita) to occur at Squaw Peak Park and presents substantial information to The San Xavier talussnail is known Mummy Mountain in Maricopa County, indicate that listing the Pinaleno from one location in the Mineral Hills Arizona. The snail’s habitat is north talussnail may be warranted due to the of Pima County, Arizona (NatureServe facing talus slopes; fourteen occur in present or threatened destruction, 2007). Squaw Peak Park and two on Mummy modification, or curtailment of its Factor A: NatureServe (2007) notes Mountain (Hoffman 1994). These snails habitat or range resulting from fire. that potential threats include nearby must inhabit very deep, open, talus

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66895

where they can seal their shell openings a list of candidate 2 species was fires represent threats to this species to solid rock while being protected from discontinued in 1996. (U.S. Forest Service et al. 1999). heat and dryness by rock layers and Factor A: According to the AGFD Factor B and C: No information was plants above (AGFD 2009). Some of the (2003), the species is threatened by presented in the petition concerning sites are within a park managed by the water development and groundwater threats to this species from these factors. city of Phoenix. The Squaw Park depletion. AGFD (2003) further Factor D: The U.S. Forest Service, talussnail was formerly a candidate 2 indicates that protection of spring Service, and Arizona Game and Fish species, a taxon for which information sources is a needed management action. Commission are parties to a in our possession indicated that Factors B, C, and D: No information conservation agreement for the Wet proposing to list was possibly was presented in the petition Canyon talussnail that was signed in appropriate, but for which persuasive concerning threats to this species from 1999 (U.S. Forest Service et al. 1999). data on biological vulnerability and these factors. We do not have information on the threat were not available to support a Factor E: The AGFD (2003) identifies effectiveness of the implementation of proposed listing rule. This species has a restricted geographic range as a threat this conservation agreement; however, had no Federal Endangered Species Act to the species. In the absence of we will evaluate it more thoroughly status since the practice of maintaining additional information identifying other during our status review for the species. a list of candidate 2 species was threats to the species and linking one or Factor E: AGFD (2004) indicates that discontinued in 1996. more of those threats to the species, we this species has a highly restricted Factor A: According to AGFD (2009), do not consider rarity to be a threat. distribution with associated potential the Squaw Park talussnail is restricted Based on our evaluation of the for extinction due to chance events. In in distribution and may be threatened information provided in the petition, we the absence of information identifying by residential development, which may have determined that the petition other threats to the species and linking modify or destroy its occupied habitat. presents substantial information to those threats to the restricted The city of Phoenix occurs in Maricopa indicate that listing the Verde Rim distribution of the species, we do not County, and its population is predicted springsnail may be warranted due to the consider restricted distribution to be a to continue to grow at a rapid rate present or threatened destruction, threat. (Gammage et al. 2008, p. 51), which modification, or curtailment of its Based on our evaluation of the supports the claim that development habitat or range, resulting from water information provided in the petition, we may threaten the species. AGFD (2009) development and groundwater have determined that the petition also states that the species may be depletion. presents substantial information to threatened by habitat modification or Wet Canyon Talussnail (Sonorella indicate that listing the Wet Canyon destruction due to human recreational macrophallus) talussnail may be warranted due to the activity such as hiking and climbing off The Wet Canyon talussnail is a land present or threatened destruction, trails. modification, or curtailment of its Factors B, C, D, and E: No information snail found only in talus slopes above approximately a 1-mile length of Wet habitat or range resulting from was presented in the petition recreation and fire. concerning threats to this species from Canyon on the northeast slope of the these factors. Pinaleno Mountains in Graham County, Insects Arizona (AGFD 2004). No other Based on our evaluation of the Colorado Tiger Beetle (Cicindela information provided in the petition locations are known at this time. Recent theatina) and in our files, we have determined surveys in 2001 and 2002 by the AGFD that the petition presents substantial (2004) documented live talussnails The Colorado tiger beetle, also known information to indicate that listing of further upstream and downstream in the as the Great Sand Dunes tiger beetle, is the Squaw Park talussnail may be Wet Canyon watershed than was a narrow endemic known only from the warranted due to the present or previously reported, but the identity of sand dunes of the Great Sand Dunes threatened destruction, modification, or the talussnails has not been confirmed. National Park and adjacent lands in the curtailment of its habitat or range They also reported finding several live San Luis Valley, Colorado (NatureServe resulting from residential development unidentified talussnails in the nearby 2007). Adult Colorado tiger beetles and recreational activities such as Twilight Canyon drainage, upstream of prefer sandy slopes with sparse bunches hiking and climbing off trails. Highway 366, and in an unnamed of vegetation, generally less than 15- drainage uphill of Twilight Creek percent vegetative cover, but are not Verde Rim Springsnail (Pyrgulopsis (AGFD 2004). This species requires a found on open sand (Pineda and glandulosa) somewhat wetter and possibly a lower Kondratief 2003, p. 1). Larvae are The Verde Rim springsnail is a small elevation habitat when compared to restricted to burrowing in the cooler, freshwater snail known to occur in the other talus-inhabiting snails (AGFD more moist, and leeward, especially Nelson Place Spring complex in 2004). northeast, sides of the dunes. Suitable Yavapai County, Arizona (AGFD 2003). Factor A: Human recreational activity habitat is restricted to 290 square The spring complex has two springs 150 from a nearby campground and hiking kilometers (Pineda and Kondratief 2003, m (500 ft) apart (AGFD 2003). The Verde trail may negatively impact this species p. 1). No accurate population estimates Rim springsnail was formerly a and its habitat by causing talus removal are available, although Nature Serve candidate 2 species, a taxon for which and infilling of the crevices in the talus (2007) provided an educated guess of information in our possession indicated that the snail occupies (AGFD 2004). 1000 to 10,000 individuals. that proposing to list was possibly Fire suppression in the area has Factor A: (NatureServe 2007) appropriate, but for which persuasive increased fuel loads, which threatens identifies the off-site depletion of data on biological vulnerability and the species with intense wildfires and groundwater in the San Luis Valley as threat were not available to support a post-fire ash flows (AGFD 2004). an imminent threat to the species; it proposed listing rule. This species has Information readily available in our files could change the hydrology of the sand had no Federal Endangered Species Act supports the assertions by AGFD (2004) dunes, possibly altering moisture status since the practice of maintaining that recreational activities and intense gradients in the sands and decreasing

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66896 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

the stability of the dunes. A reduced indicate that listing the Edwards 1996; Dahms and Geils 1997; Danzer et water table could also result in Aquifer diving beetle may be warranted al. 1997). increased shrubby vegetation, which due to the present or threatened Factors B, C, D, and E: No information would reduce the quality of the habitat destruction, modification, or was presented in the petition for the tiger beetle (P. Bovin 2009, pers. curtailment of its habitat or range concerning threats to this species from comm.). NatureServe (2007) states that resulting from water drawdown and loss these factors. visitor use at the park may cause of water quality due to development. Based on our evaluation of the trampling of tiger beetle burrows. information provided in the petition Ferris’s Copper (Lycaena ferrisi) Approximately three-quarters of the and information in our files, we have known tiger beetle locations occur Ferris’s copper is a butterfly known to determined that the petition presents within the Great Sand Dunes National occur in the White Mountains of substantial information to indicate that Park, where tiger beetles are generally Apache County, near McNary and listing of this Notodontid moth species protected from ground-disturbance Maverick, and in Greer County, Arizona may be warranted due to the present or impacts, such as off-road vehicles (P. (NatureServe 2007). The species can be threatened destruction, modification, or Bovin 2009, pers. comm.). At the found in meadows and marshes near curtailment of its habitat or range remaining known locations of the tiger Rumex hymeospalus (wild rhubarb), the resulting from fire. beetle on lands adjacent to the National plant species on which the larvae feed Notodontid Moth (no common name) Park, access is limited, offering some (NatureServe 2007). (Heterocampa sp. 1 nr. amanda) protection from ground-disturbance Factor A: AGFD (2002) indicates that impacts (P. Bovin 2009, pers. comm.). It fire suppression is a threat because it This Notodontid moth is known to is unclear from the information results in the invasion of meadow occur in oak-juniper woodland in reviewed the degree to which ground- habitats by dense conifer forests and an southern Arizona. It is known from Ash disturbance may be at threat to the understory of grasses. Eventual warm and Garden Canyons of the Huachuca Colorado tiger beetle; however, we season fires could be intense and Mountains, Cochise County, and at two intend to investigate the ground- eliminate some populations or localities in the Atascosa Mountains, disturbance factor more thoroughly in permanently alter previously suitable Santa Cruz County (AGFD 2005). our status review for the species. habitats. Although it is not explicitly Factor A: According to AGFD (2005) Factors B, C, D, and E: No information stated by AGFD (2002), we interpret and NatureServe (2007), this species is was presented in the petition their claim that fire suppression is a threatened by its limited range and concerning threats to this species from threat to be because the larval food states that a single event, such as an these factors. plant, Rumex hymeospalus, and extensive fire, could destroy or modify Based on our evaluation of the possibly individual larvae, would be its habitat in significant portions of the information provided in the petition destroyed or reduced in abundance as a moth’s small range. We have and in NatureServe, we have result of fire suppression. information in our files that fire determined that the petition presents Factors B, C, D, and E: No information suppression in southern Arizona forests substantial information to indicate that was presented in the petition has resulted in excessive fuel loads that listing of the Colorado tiger beetle may concerning threats to this species from encourage large, vegetation-destroying be warranted due to the present or these factors. wildfires (DeBano and Neary 1996; threatened destruction, modification, or Based on our evaluation of the Swetnam and Baisan 1996; Dahms and curtailment of its habitat or range information provided in the petition, we Geils 1997; Danzer et al. 1997). resulting from off-site depletion of have determined that the petition Factors B, C, D, and E: No information groundwater. presents substantial information to was presented in the petition indicate that listing the Ferris’s copper concerning threats to this species from Edwards Aquifer Diving Beetle may be warranted due to the present or these factors. (Haideoporus texanus) threatened destruction, modification, or Based on our evaluation of the The Edwards Aquifer diving beetle is curtailment of its habitat or range information provided in the petition known to occur in underground resulting from fire suppression. and information in our files, we have freshwater in the San Marcos pool of the determined that the petition presents Notodontid Moth (no common name) Edwards Aquifer, Hays County, Texas. substantial information to indicate that (Astylis sp. 1) According to NatureServe (2007), it is listing of this Notodontid moth species uncommon in water samples taken from This notodontid moth is known to may be warranted due to the present or the aquifer. occur in Ash Canyon of the Huachuca threatened destruction, modification, or Factor A: According to NatureServe Mountains in Cochise County, Arizona. curtailment of its habitat or range (2007), the Edwards Aquifer diving The AGFD (2005) indicates that further resulting from fire. beetle is threatened by aquifer study is needed to determine the moth’s drawdown and loss of water quality due population status and range, as well as Notodontid Moth (no common name) to increasing human population growth its life history traits. (Litodonta sp. 1 nr. alpina) in large cities using the water supply. Factor A: According to AGFD (2005) This Notodontid moth is known to We have information in our files that and NatureServe (2007), this species is occur only in upper Pinery Canyon on substantiates this claim (Service 1996, threatened by its limited range and that the west slope of the Chiricahua pp. 16-19). a single event, such as an extensive fire, Mountains in Cochise County, in Factors B, C, D, and E: No information could destroy or modify its habitat in all southeastern Arizona (AGFD 2005). was presented in the petition or a significant portion of the moth’s Factor A: AGFD (2005) indicates that concerning threats to this species from small range. We have information in our this species is threatened by its limited these factors. files that fire suppression in southern range and that a single event, such as an Based on our evaluation of the Arizona forests has resulted in excessive extensive fire, could eliminate information provided in the petition, we fuel loads that encourage large, significant portions of the moth’s small have determined that the petition vegetation-destroying wildfires (DeBano range. We have information in our files presents substantial information to and Neary 1996; Swetnam and Baisan that fire suppression in southern

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66897

Arizona forests has resulted in excessive (NatureServe 2007). The moth appears resulting from fire, or to overutilization fuel loads that encourage large, to have declined more than any of the for commercial, recreational, scientific, vegetation-destroying wildfires (DeBano other prairie moths in the same genus, or educational purposes resulting from and Neary 1996; Swetnam and Baisan at least in the northern part of its range collection, or to other natural or 1996; Dahms and Geils 1997). (NatureServe 2007). It is apparently manmade factors affecting its continued Factors B, C, D, and E: No information restricted to mesic prairies and existence resulting from loss of genetic was presented in the petition associated wetlands in the midwest, variability and inability to colonize concerning threats to this species from often but not always with limestone remnant habitat. these factors. (NatureServe 2007). The rattlesnake- Royal Moth (no common name) Based on our evaluation of the master borer moth was formerly a (Sphingicampa blanchardi) information provided in the petition candidate 2 species, a taxon for which and information in our files, we have information in our possession indicated This royal moth is known to occur in determined that the petition presents that proposing to list was possibly a few isolated localities in Cameron and substantial information to indicate that appropriate, but for which persuasive Hidalgo Counties, Texas (NatureServe listing the Notodontid moth may be data on biological vulnerability and 2007). The range of the moth likely warranted due to the present or threat were not available to support a extends into Mexico; however, no threatened destruction, modification, or proposed listing rule. This species has occurrences are documented there curtailment of its habitat or range had no Federal Endangered Species Act (NatureServe 2007). No further resulting from fire. status since the practice of maintaining information regarding the historical or a list of candidate 2 species was current distribution or status of the Notodontid Moth (no common name) discontinued in 1996. species was provided. (Ursia furtiva) Factor A: NatureServe (2007) Factor A: NatureServe (2007) This Notodontid moth is known to indicates that most or all sites for the identifies conversion of habitat to occur from two widely separated moth could be vulnerable to agricultural lands and proposed locations in San Antonio, Bexar County, catastrophic events, including wildfires construction in the area as threats to the and Pine Canyon in the Chisos that occur while the species is dormant. royal moth and its habitat. Jahrsdoerfer Mountains, Big Bend National Park, NatureServe (2007) also indicates that and Leslie (1988) indicate that native Texas (NatureServe 2007). The San its prairie habitat has been reduced to brushland in the Lower Rio Grande Antonio habitat is on private property, remnants except possibly in eastern Valley, which includes Cameron and while Big Bend National Park is part of Oklahoma where it is documented to Hidalgo Counties, has been converted to the National Park Service system occur in one county. agriculture. They claim that agricultural (NatureServe 2007). Factor B: NatureServe (2007) cites a clearing is the greatest threat to the Factor A: NatureServe (2007) case in Illinois that documents a vegetation communities and wildlife in indicates that the moth may be collector damaging the moth’s needed that region. They further explain that threatened by its limited range. A food plants on a large scale while habitat alterations likely have been catastrophic fire in the Chisos looking for larvae. It is likely that some detrimental to the invertebrate fauna as Mountains and urban development in of the moth’s populations are small well. the San Antonio area could eliminate enough that overcollecting may be a Factors B, C, and D: No information significant portions of its two known threat. NatureServe (2007) also notes was presented in the petition occurrences. Information in our files damage from collectors in Kentucky concerning threats to this species from supports the claim that the City of San where the population is small. these factors. Antonio is growing at a rapid rate (Draft Specifically, collecting immatures is a Factor E: NatureServe (2007) Bexar County Karst Invertebrates potential problem (NatureServe 2007). identifies pesticide drift from adjacent Recovery Plan, p. 1.5-1). Factors C and D: No information was agricultural lands as a threat to the royal Factors B, C, D, and E: No information presented in the petition concerning moth. This may be a reasonable was presented in the petition threats to this species from these factors. assertion considering information in concerning threats to this species from Factor E: Due to very low number of Jahrsdoerfer and Leslie (1988) that these factors. populations and the likelihood that extensive agriculture occurs in the Based on our evaluation of the most or all have survived major genetic Lower Rio Grande Valley; however, no information provided in the petition, we bottlenecks during past fires, loss of information is presented which have determined that the petition genetic variability could be a concern indicates that pesticide drift is in fact presents substantial information to (NatureServe 2007). NatureServe (2007) occurring or how it may be impacting indicate that listing the Notodontid also indicates that colonization between the royal moth. We have determined moth may be warranted due to the habitat remnants must be very rare and that this information does not meet the present or threatened destruction, only plausible today in Oklahoma. substantial information standard. modification, or curtailment of its Although the references cited in Based on our evaluation of the habitat or range resulting from fire and NatureServe were not readily available information provided in the petition, we development. to us, the information in NatureServe for have determined that the petition this species was provided by Dr. D. F. presents substantial information to Rattlesnake-Master Borer Moth Schweitzer, who is a reputable indicate that listing this royal moth may (Papaipema eryngii) lepidopterist. Based on our evaluation be warranted due to the present or The rattlesnake-master borer moth is of the information provided in the threatened destruction, modification, or historically known to occur in portions petition, we have determined that the curtailment of its habitat or range of Illinois, Indiana, Iowa, Kentucky, petition presents substantial resulting from agricultural clearing. North Carolina, Oklahoma, Arkansas, information to indicate that listing the and maybe Missouri (NatureServe rattlesnake-master borer moth may be Sabino Dancer (Argia sabino) 2007). As of 2004, the species is warranted due to the present or The Sabino dancer is a damselfly believed to be extant in Illinois, threatened destruction, modification, or known to occur in Sabino Canyon in the Arkansas, Oklahoma, and Kentucky curtailment of its habitat or range Santa Catalina Mountains of Arizona. In

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66898 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

Sabino Creek, the species’ range has existence resulting from decreased time Factors B, C, D, and E: No information constricted over the past 35 years, for larval development. was presented in the petition previously including Lower and Upper concerning threats to this species from Stonefly (no common name) Sabino Creek but now restricted to the these factors. (Anacroneuria wipukupa) latter area (AGFD 2001). It is probable Based on our evaluation of the that additional populations of the This stonefly is only known to occur information provided in the petition, we Sabino dancer exist in other parts of in Oak Creek, Yavapai County, Arizona have determined that the petition southeastern Arizona or northern (NatureServe 2007). NatureServe (2007) presents substantial information to Mexico (AGFD 2001). Access to remote notes that it may also occur in similar indicate that listing of Tamaulipan high-gradient streams is difficult, and habitats in Sonora, Mexico. agapema may be warranted due to the many habitats have never been surveyed Factor A: According to AGFD (2004), present or threatened destruction, (AGFD 2002). The Sabino dancer was threats to the stonefly may include modification, or curtailment of its formerly a candidate 2 species, a taxon impacts to its aquatic habitats, habitat resulting from its conversion to for which information in our possession especially pollution. Information in our agricultural field crops. indicated that proposing to list was files substantiates this claim. The site is Arachnid possibly appropriate, but for which in close proximity to a State fish persuasive data on biological hatchery, which appears to drain fish- Grand Canyon Cave Scorpion vulnerability and threat were not rearing waste water into Oak Creek, and (Archeolarca cavicola) available to support a proposed listing it is downstream from the town of The Grand Canyon cave scorpion is a rule. This species has had no Federal Sedona (D. Smith 2009, pers. comm.). In pseudoscorpion, lacking a stinger that Endangered Species Act status since the the spring of 2008, David Smith, a true scorpions possess (AGFD 2003). It practice of maintaining a list of Service biologist, visited the site and candidate 2 species was discontinued in occurs on or very near the soil surface found most of the aquatic insects there in Cave of the Domes, Grand Canyon 1996. were tolerant of higher nutrients in the Factor A: AGFD (2001) states that the National Park, Coconino County, water (D. Smith 2009, pers. comm.), Arizona. The subterranean cave habitat decline of Sabino dancer’s population which is indicative of pollution. size and geographic distribution is due is also occupied by bats and rodents, Factors B, C, D, and E: No information which are thought to be necessary to to hydrological alteration resulting in was presented in the petition reduced water flow. Recreational use of support the arthropod food base for the concerning threats to this species from Upper Sabino Creek is controlled by Grand Canyon cave scorpion (AGFD these factors. preventing vehicle access and requiring 2003). This pseudoscorpion was recreationists to access it by a tram Based on our evaluation of the formerly a candidate 2 species, a taxon (AGFD 2001). information provided in the petition, we for which information in our possession Factor B: No information was have determined that the petition indicated that proposing to list was presented in the petition concerning presents substantial information to possibly appropriate, but for which threats to this species from this factor. indicate that listing this stonefly may be persuasive data on biological Factor C: AGFD (2001) indicates that warranted due to the present or vulnerability and threat were not the species’ habitat is experiencing pool threatened destruction, modification, or available to support a proposed listing contraction that increases the likelihood curtailment of its habitat or range as a rule. This species has had no Federal that exotic green sunfish (Lepomis result of pollution. Endangered Species Act status since the cyanellus) and crayfish (Procambarus Tamaulipan Agapema (Agapema practice of maintaining a list of sp.) have the potential to expand their galbina) candidate 2 species was discontinued in ranges up Sabino Creek into the core of 1996. Sabino dancer’s current range, The Tamaulipan agapema is a moth Factor A: According to AGFD (2003), increasing predation impacts on the known to occur in the lower Rio Grande threats to the scorpion include Sabino dancer. Valley of Texas, in southern Arizona, groundwater pollution and recreational Factor D: No information was and in Tamaulipas and Baja California, impacts from cave visitation. presented in the petition concerning Mexico (Struttman 1997). The species is Factors B and C: No information was threats to this species from this factor. thought to be extirpated from the United presented in the petition concerning Factor E: AGFD (2001) indicates that States portion of its range (Struttman threats to this species from these factors. the species’ habitat is experiencing pool 1997), but is currently known to occur Factor D: AGFD (2003) indicates that contraction that may have direct in Tamaulipas, Mexico (Tuskes et al. Cave of the Domes is the only cave in negative effects on the Sabino dancer 1996). In Tamulipas and formerly in Grand Canyon National Park for which larvae, reducing the time available for Texas, its habitat is Tamaulipan visitation is not regulated, although the larval development. thornscrub, which is open, low National Park Service has the authority Based on our evaluation of the vegetation characterized by thorny trees to regulate recreational visitation. information provided in the petition, we with short trunks and low, branching Factor E: No information was have determined that the petition crowns that rarely meet to form a closed presented in the petition concerning presents substantial information to canopy. threats to this species from this factor. indicate that listing the Sabino dancer Factor A: Jahrsdoerfer and Leslie Based on our evaluation of the may be warranted due to the present or (1988) indicate this species faces the information provided in the petition, we threatened destruction, modification, or loss and degradation of its habitat in the have determined that the petition curtailment of its habitat or range Lower Rio Grande Valley. With the presents substantial information to resulting from hydrological alteration conversion of its Tamaulipan indicate that listing the Grand Canyon resulting in reduced water flow, to thornscrub habitat there to agricultural cave scorpion may be warranted due to disease and predation resulting from field crops, such as cotton, only up to the present or threatened destruction, pool contraction that allows increased 5 percent of native vegetation remained modification, or curtailment of its predation, or to other natural or in the 1980s and 1990s (Jahrsdoerfer habitat or range resulting from manmade factors affecting its continued and Leslie 1988; Tuskes et al. 1996). groundwater pollution and recreational

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66899

impacts, and to inadequacy of existing (NatureServe 2007). Historically, the persuasive data on biological regulatory mechanisms resulting from Kiamichi crayfish was known from vulnerability and threat were not unregulated visitation. fewer than 20 adults until a recent available to support a proposed listing survey in which 696 individuals were rule. This species has had no Federal Crustaceans found 7 rivers in the upper Kiamichi Endangered Species Act status since the Delaware County Cave Crayfish River watershed in Oklahoma. The practice of maintaining a list of (Cambarus subterraneus) Kiamichi crayfish is known to co-occur candidate 2 species was discontinued in with Ouachita rock pocketbook The Delaware County cave crayfish is 1996. (Arkansia wheeleri), a federally thought to be restricted to three caves in Factor A: Spavinaw Creek is endangered mussel, which suggests the Delaware County, Oklahoma (Hobbs designated an impaired waterbody by species faces the same threats listed in 1993, NatureServe 2007) in the Neosho the State of Oklahoma under section the Ouachita rock pocketbook recovery River watershed. No additional 303(d) of the Clean Water Act due to plan (Service 2004, pp. 20-30). populations have been found despite excessive nutrient loading; many Factor A: Impoundment, confined animal feeding operations recent surveys of over 50 caves that channelization, and water quality provide suitable habitat within the occur upstream from the caves in which degradation have been identified as this species occurs, and the City of vicinity of the occupied caves (Graening principal factors causing the decline of and Fenolio 2005). The species is Colcord discharges sewage effluent into the Ouachita rock pocketbook (Service the Spavinaw Creek Watershed considered to have fewer than 50 2004, p. 20), and since it co-occurs with individuals in the three different caves (Graening et al. 2006). Graening et al. the Kiamichi crayfish, we conclude (2006) noted that cave crayfish are likely (NatureServe 2007). these same factors may threaten that Factor A: NatureServe (2007) susceptible to contaminants in cave species as well. NatureServe (2007) water due to adaptations to otherwise identifies groundwater contamination, identifies dewatering as a threat to the specifically the disposal of untreated stable conditions and as a result of the Kiamichi crayfish. Surface water in the species’ longevity which could allow animal waste from hog farms and Kiamichi River watershed is the primary poultry houses, as the greatest threat to toxins to accumulate to lethal levels. source of drinking water and the Graening et al. (2006) further indicate this species. In a study of the recharge proposed site of additional water areas for groundwater impacting two of this species remains vulnerable to resource development projects needed extirpation, primarily because of water the three caves, Aley and Aley (1990) to meet the demands of the growing identified petroleum storage areas, quality degradation and recent habitat population in neighboring States. These transformation. including gas stations and sawmills; proposed projects may cause stream Factor B, C, D, and E: No information large storage tanks that might contain drying and may play a role in the was presented in the petition petroleum; confined hog and poultry decline in Kiamichi crayfish. Siltation concerning threats to this species from buildings; dairies and livestock sale resulting from poor tree-harvesting these factors. barns; and dumps, landfills, and auto techniques, road construction, or large- salvage yards within the recharge areas scale changes in land use is also Based on our evaluation of the of the caves. They identified six such identified as a threat to the species information provided in the petition, we sites in the recharge area for one cave (NatureServe 2007). have determined that the petition and five in the recharge area of the other Factors B, C, D, and E: No information presents substantial information to and concluded that these were potential was presented in the petition indicate that listing the Oklahoma Cave sources of water pollution for those two concerning threats to this species from crayfish may be warranted due to the caves. They also concluded that these factors. present or threatened destruction, disposal of untreated animal wastes is Based on our evaluation of the modification, or curtailment of its probably the greatest single threat to information provided in the petition, we habitat or range resulting from water aquatic life in those caves. have determined that the petition pollution and habitat transformation. Factors B, C, D, and E: No information presents substantial information to Texas Troglobitic Water Slater was presented in the petition indicate that listing the Kiamichi (Lirceolus smithii) concerning threats to this species from crayfish may be warranted due to the these factors. present or threatened destruction, The Texas troglobitic water slater is Based on our evaluation of the modification, or curtailment of the an isopod known to occur in an aquifer information provided in the petition, we species’ habitat or range resulting from under several counties in central Texas have determined that the petition impoundment, channelization, water (NatureServe 2007), the Edwards presents substantial information to quality degradation, and dewatering. Aquifer, which supports numerous indicate that listing of Delaware County species of underground aquatic species cave crayfish may be warranted due to Oklahoma Cave Crayfish (Cambarus (Service 1996, pp. 16-19). Within its the present or threatened destruction, tartarus) limited range, it is considered to be modification, or curtailment of its The Oklahoma cave crayfish is known abundant (NatureServe 2007). Records habitat resulting from pollution. to occur at two caves in a single of its occurrence represent different watershed of Spavinaw Creek, a small sampling sites rather than different Kiamichi Crayfish (Orconectes saxatilis) creek in Delaware County, Oklahoma, populations within its occupied range The Kiamichi crayfish is known to and potentially at three additional caves (NatureServe 2007). occur in the upper Kiamichi River and in that watershed (Graening et al. 2006). Factor A: NatureServe (2007) its associated tributaries above Graening et al. (2006) estimate the identified aquifer drawdown and Whitesboro, Oklahoma (NatureServe species’ abundance to be 80 individuals. declining water quality in the aquifer as 2007). The species can be found in The Oklahoma cave crayfish was threats to the species. Drawdown of the slowly to moderately flowing streams formerly a candidate 2 species, a taxon Edwards Aquifer’s water level and with rocky bottoms, and usually with for which information in our possession decreasing water quality are the result of emergent vegetation, such as Typha sp. indicated that proposing to list was a rapid population increase (Service (cattails), in shallower areas possibly appropriate, but for which 1996, pp. 16-19) in that area of Texas.

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66900 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

Factors B, C, D, and E: No information habitat or range resulting from road County, New Mexico, and Pecos was presented. widening, trampling, and off-road County, Texas. Soils are shallow, well- Based on our evaluation of the vehicle use. drained, and generally composed of information provided in the petition sand, silt, and clay over limestone Amoreuxia gonzalezii (Santa Rita and our files, we have determined that (NatureServe 2007). One population in Yellowshow) the petition presents substantial New Mexico is small with less than 100 information to indicate that listing of Amoreuxia gonzalezii is an plants and the other two contain a few the Texas troglobitic water slater may be herbaceous plant known to occur from thousand individuals (NatureServe warranted due to the present or Santa Cruz and Pima Counties, Arizona, 2007). threatened destruction, modification, or south to Sonora, Mexico, and probably Factor A: NatureServe (2007) curtailment of its habitat or range Baja California (AGFD 2003; indicates that habitat degradation and resulting from aquifer drawdowns and NatureServe 2007). It has been reported loss is a likely threat. In New Mexico, decreasing water quality. from two subpopulations in the Santa Desert Botanical Garden (2008) Rita Mountains, in Pima County and indicates that Amsonia tharpii is subject Flowering Plants from four populations in northern to extirpation due to environmental Agalinis navasotensis (Navasota False Mexico (NatureServe 2007). In Arizona, changes brought about by improper Foxglove) A. gonzalezii grows on rocky limestone grazing, such as severe erosion resulting hillsides, but in Sonora, Mexico, it in loss of habitat. Regular monitoring of Agalinis navasotensis is an prefers decomposed granite on slopes the New Mexico populations may also herbaceous plant in the family (AGFD 2003). One of the Arizona cause additional erosion (NatureServe scrophulariaceae that is known from populations of A. gonzalezii has fewer 2007). There is active gas development Grimes County, Texas. One population than 65 plants on a limestone outcrop in the vicinity of two of the New Mexico of approximately 330 individuals is (AGFD 2003). populations (New Mexico Rare Plant located on the shallow soil of a Factor A: According to NatureServe Technical Council 1999). In Texas, sandstone outcrop (Canne-Hilliker and (2007), Amoreuxia gonzalezii is Amsonia tharpii may be threatened by Dubrule 1993; NatureServe 2007). There threatened by degradation of habitat due mowing of the highway easement along are two subpopulations, one with to livestock grazing, urban development, which plants grow (NatureServe 2007). approximately 300 individuals and one and mining. AGFD (2003) concurs, but Factor B, C, and D: No information with approximately 30 (Canne-Hilliker points out that the grazing threat is due was presented in the petition and Dubrule 1993). Canne-Hilliker and to herbivory, not habitat degradation concerning threats to this species from Dubrule (1993) describe the outcrop as (see Factor C). these factors. a distinct island surrounded by a sea of Factor B: No information was Factor E: According to the Desert post oak savannah, blackland prairie, presented in the petition concerning Botanical Garden (2008), environmental and farmland. Similar outcrops may threats to this species from these factors. changes brought about by past improper harbor additional populations Factor C: Herbivory by cattle is a grazing such as change in species (NatureServe 2007), although there are management problem because the composition has resulted in increased no other such outcrops in that county species is very palatable to cattle (AGFD competition with nonnative species. (Canne-Hilliker and Dubrule 1993). 2003; NatureServe (2007). Javelina Based on our evaluation of the Factor A: NatureServe (2007) states (Pecari tajacu) dig up and consume the information provided in the petition, we that the most likely foreseeable threat to roots, which NatureServe (2007) and have determined that the petition the Agalinis navasotensis is habitat AGFD (2003) indicate is a threat. presents substantial information to degradation and loss. Individual plants Factor D: No information was indicate that listing of Amsonia tharpii are reported to occur close to a road, presented in the petition concerning may be warranted due to the present or making them and their habitat threats to this species from this factor. threatened destruction, modification, or susceptible to destruction from road Factor E: According to AGFD (2003), curtailment of its habitat or range widening (Canne-Hilliker and Dubrule competition is likely occurring with the resulting from erosion, gas development 1993; NatureServe 2007). Road introduced Cenchrus ciliaris and mowing, or other natural or widening would probably destroy the (buffelgrass), Eragrostis lehmanniana manmade factors affecting its continued main subpopulation (Canne-Hilliker and (Lehmans lovegrass), and other existence resulting from competition. Dubrule 1993; NatureServe 2007). There aggressive, exotic plants. are no known plans to put the site into Based on our evaluation of the Asclepias prostrata (Prostrate cultivation or to graze it (NatureServe information provided in the petition, we Milkweed) 2007). Trampling by humans and off- have determined that the petition Asclepias prostrata is a perennial, road vehicle use are potential threats presents substantial information to low-growing plant found in areas of because the site is not fenced (Canne- indicate that listing of Amoreuxia little or no vegetation in grasslands or Hilliker and Dubrule 1993; NatureServe gonzalezii may be warranted due to the shrub-invaded grasslands within Starr 2007). present or threatened destruction, and Zapata Counties, Texas and Factor B, C, D, and E: No information modification, or curtailment of its Tamaulipas, Mexico (NatureServe was presented in the petition habitat or range resulting from 2007). It is reportedly known from fewer concerning threats to this species from development and mining, to predation than 10 occurrences in southern Texas these factors. by cattle and javelina, and to other (NatureServe 2007), at least four of Based on our evaluation of the natural or manmade factors affecting its which are along roadsides (Damude and information provided in the petition, we continued existence resulting from Poole 1990). have determined that the petition competition. Factors A, B, C, and D: No presents substantial information to information was presented in the indicate that listing of Agalinis Amsonia tharpii (Tharp’s Blue-star) petition concerning threats to this navasotensis may be warranted due to Amsonia tharpii is an herbaceous species from these factors. the present or threatened destruction, plant found in open areas in shortgrass Factor E: NatureServe (2007) indicates modification, or curtailment of its grasslands or shrublands in Eddy that roadside mowing is a threat to

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66901

Asclepias prostrata. Damude and Poole occurs in a collection of sub- Factor A: NatureServe (2007) and the (1990) indicate that frequent roadside populations. New Mexico Rare Plant Technical mowing can cut individuals of the Factor A: According to AGFD (1999) Council (1999) indicate that the species if the mowing blade is set low and NatureServe (2007), improper seasonally wet habitat of Castilleja enough. NatureServe (2007) further grazing has the greatest impact to the ornata is often improperly grazed or indicates that Asclepias prostrata is species and its habitat. Seedling converted to cultivated cropland. threatened by competition from widely survivorship was found to be lower in According to New Mexico Rare Plant planted and escaped nonnative pasture heavily trampled areas at that site Technical Council (1999), the sites in grasses, such as Cenchrus ciliaris (NatureServe 2007). Livestock grazing Chihuahua, Mexico, were fully (buffelgrass) (NatureServe 2007). occurs at all of the known sites converted to agriculture. According to Damude and Poole (1990), (NatureServe 2007). According to AGFD Factor B, C, D, and E: No information seeding Cenchrus ciliaris for pasture (1999), recreation at the Bear Creek site was presented in the petition improvement has introduced a also results in destruction of Astragalus concerning threats to this species from competitior to Asclepias prostrata that hypoxylus and its habitat, and these factors. may be the greatest threat to the species. NatureServe (2007, citing T. Deecken) Based on our evaluation of the Based on our evaluation of the considers recreation to be a greater information provided in the petition, we have determined that the petition information provided in the petition, we threat to that population than livestock presents substantial information to have determined that the petition grazing. An informal dirt parking lot has indicate that listing of Castilleja ornata presents substantial information to already damaged one sub-population may be warranted due to the present or indicate that listing of Asclepias and its habitat, and increased use of the threatened destruction, modification, or prostrata may be warranted, resulting area may destroy other plants and curtailment of its habitat or range from roadside mowing and planting of habitat in the future (NatureServe 2007, resulting from improper grazing or an exotic grass. citing T. Deecken). Factor B, C, and D: No information conversion to cultivated cropland. Astragalus hypoxylus (Huachuca Milk- was presented in the petition Erigeron piscaticus (Fish Creek concerning threats to this species from vetch) Fleabane) these factors. Astragalus hypoxylus is an Factor E: NatureServe (2007) indicates Erigeron piscaticus is an herbaceous herbaceous plant found on hillsides that possible indirect threats to the plant found in moist, sandy canyon with slopes of 25 to 30 percent in open, species could come from threats to the bottoms associated with continuously limestone rocky clearings in oak- bee population; bees are the main flowing streams. It is known historically juniper-pinyon woodland within the pollinators for Astragalus hypoxylus. from two sites in Fish Creek Canyon, Huachuca and Patagonia Mountains of Pesticide use and the trampling of Superstition Mountains, Maricopa Arizona. Despite surveys for the species occupied bee nests may be harmful to County; and Turkey Creek and Oak in Sonora, Mexico, it has not been found the bees and, ultimately, to the plants Grove Canyon (Aravaipa Canyon there (NatureServe 2007). Astragalus they pollinate (Karron 1991, tributaries), Galiuro Mountains, Graham hypoxylus was described from a NatureServe 2007). County, Arizona (AGFD 2001). collection made in the Huachuca Based on our evaluation of the Currently, it is known only from the Mountains in 1882. The description of information provided in the petition, we Oak Grove Canyon location, which has the location of where the specimen was have determined that the petition been annually monitored since 1992 found, ‘‘Mahoney’s Ranch, near Ft. presents substantial information to (AGFD 2001). According to AGFD Huachuca’’, was not sufficient to indicate that listing of Astragalus (2001), surveys conducted in 1993 and relocate the site (NatureServe 2007). The hypoxylus may be warranted due to the 1994 at the Oak Grove Canyon site species was not seen again in the field present or threatened destruction, found 79 plants in both years, which until a collection in 1986 in the modification, or curtailment of its suggests that the population is small, Patagonia Mountains south of Harshaw habitat or range resulting from but stable. Two surveys conducted in (NatureServe 2007). Searches elsewhere recreation and livestock grazing and 1994 showed continued population in the Patagonia Mountains have not other natural or manmade factors stability, and greater germination after extended the known range in that area affecting its continued existence summer rains, evidence that plants can by more than 1 mile (NatureServe 2007). resulting from impacts to its pollinator. germinate and flower following summer Since 1986, other populations of A. rains (AGFD 2001). Erigeron piscaticus hypoxylus have been located in the Castilleja ornata (Glowing Indian- was formerly a candidate 2 species, a Huachuca Mountains. One population paintbrush) taxon for which information in our was found on the southwest side of the Castilleja ornata is an herbaceous possession indicated that proposing to Huachuca Mountains near lower Bear plant known to occur in western list was possibly appropriate, but for Canyon along Bear Creek (NatureServe Chihuahua and west-central Durango, which persuasive data on biological 2007). Another population was located Mexico; and at a single site in Hidalgo vulnerability and threat were not in Scotia Canyon in 1990, and as many County in southwestern New Mexico available to support a proposed listing as 600 to 700 individuals were found (NatureServe 2007). The plant is a rule. This species has had no Federal there in the spring of 1991. The majority predominantly Mexican species, but is Endangered Species Act status since the of the Scotia Canyon population is possibly now extinct there (NatureServe practice of maintaining a list of located on private land, and the other 2007). NatureServe (2007) indicates that candidate 2 species was discontinued in sites are managed by the Coronado Castilleja ornata occurs in flat 1996. National Forest (AGFD 1999). According seasonally wet areas in arid grasslands. Factor A: According to AGFD (2001), to AGFD (1999), the Bear Creek According to New Mexico Rare Plant the location at Turkey Creek was in area population is extirpated, but Technical Council (1999), searches of used as a casual camping site; the Oak NatureServe (2007) cites a personal historical collection sites in Chihuahua Grove Canyon site, the only site where communication with T. Deecken and failed to locate a single population the species is known to be extant, is also indicates that the population there there. used for camping. There is also hiking

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66902 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

traffic at the site, which can destroy or the restricted geographic distribution of or juveniles have been observed (Poole modify the habitat (AGFD 2001). AGFD the species, we do not consider 1992). Poole (1992) concluded that the (2001) indicates poor watershed restricted geographic distribution to be major threat to the species is its low conditions and flooding in Oak Grove a threat. population numbers and lack of Canyon also threaten the species with Based on our evaluation of the recruitment (survival of individuals to habitat loss or modification. information provided in the petition, we sexual maturity and joining the Factors B, C and D: No information have determined that the petition reproductive population). was presented in the petition presents substantial information to Based on our evaluation of the concerning threats to this species from indicate that listing of Eriogonum information provided in the petition, we these factors. mortonianum may be warranted due to have determined that the petition Factor E: According to AGFD (2001), the present or threatened destruction, presents substantial information to the small range and population size of modification, or curtailment of its indicate that listing Genistidium about 80 plants in Oak Grove Canyon habitat or range resulting from road dumosum may be warranted due to the make it vulnerable to natural and maintenance and livestock use. present or threatened destruction, human-caused disturbances. In the modification, or curtailment of its Genistidium dumosum (Brush-pea) absence of information identifying other habitat or range resulting from highway threats to the species and linking those Genistidium dumosum is a woody construction and recreation, or to threats to the restricted range of the shrub known to occur in Brewster overutilization resulting from collection, species, we do not consider restricted County, Texas, and Coahuila, Mexico or to other natural or manmade factors range to be a threat. (NatureServe 2007). The genus is affecting its continued existence Based on our evaluation of the monotypic (contains only one species) resulting from lack of recruitment. information provided in the petition (Poole 1992, NatureServe 2007). There and our files, we have determined that are three Texas occurrences within a Hexalectris revoluta (Chisos Coralroot) the petition presents substantial few km of one another, and three in Hexalectris revoluta is an orchid information to indicate that listing of Mexico. The Texas occurrences consist known from widely separated mountain Erigeron piscaticus may be warranted of fewer than 50 plants (Poole 1992; ranges in Texas, Arizona, and Mexico due to the present or threatened NatureServe 2007). The status of the (NatureServe 2007). Few total destruction, modification, or Mexican occurrences is unknown, individuals of this species have been curtailment of its habitat or range although they are disjunct from the located throughout its range; however, resulting from recreational activities, Texas occurrences and may differ surveys may be difficult because above poor watershed conditions, and genetically from them (Poole 1992). ground portions of this plant are not flooding. Genistidium dumosum was formerly a produced in dry years (NatureServe candidate 2 species, a taxon for which 2007). Hexalectris revoluta was formerly Eriogonum mortonianum (Morton’s information in our possession indicated a candidate 2 species, a taxon for which Wild Buckwheat) that proposing to list was possibly information in our possession indicated Eriogonum mortonianum is a woody appropriate, but for which persuasive that proposing to list was possibly perennial plant known from a single site data on biological vulnerability and appropriate, but for which persuasive on the Kaibab-Paiute Indian Reservation threat were not available to support a data on biological vulnerability and in Mojave County, Arizona. The species proposed listing rule. This species has threat were not available to support a is usually found along small drainages had no Federal Endangered Species Act proposed listing rule. This species has in red clay hills of very shallow soils status since the practice of maintaining had no Federal Endangered Species Act containing gypsum within sandstone a list of candidate 2 species was status since the practice of maintaining and shale uplands (AGFD 2001; discontinued in 1996. a list of candidate 2 species was NatureServe 2007). AGFD (2001) reports Factor A: According to Poole (1992), discontinued in 1996. that in 1980 the population contained highway construction at one of the Factor A: Louie (1996) indicates this approximately 750 plants and at that Texas occurrences probably initially species is subject to inadvertent time appeared stable with several size destroyed a few plants, and erosion of destruction through maintenance and age classes represented. roadcuts probably threatens a few more. activities, but does not identify the Factor A: NatureServe (2007) reports Any future highway widening could types of maintenance activities likely to that in 1992, many plants were destroy additional plants and their occur in occupied habitats. We have destroyed by highway maintenance. habitat at that site (Poole 1992). Poole determined that this information does According to AGFD (2001), Eriogonum (1992) also reports that a tract of private not meet the substantial information mortonianum is threatened by highway land was developed for an annual standard. AGFD (2004) identifies right-of-way maintenance along State recreational event, which may threaten mining as a threat to this species. Citing Highway 389 which would modify the the species and its habitat with Coleman (2002), AGFD (2004) notes habitat. AGFD (2001) also identifies destruction or modification from ‘‘some of its habitat in Arizona is at livestock use and developments trampling, erosion and wildfire. extreme risk from mining development. associated with livestock use as threats Factor B: According to Poole (1992), One of its major locations was briefly to the species. individuals at the highway site in Texas part of a planned land exchange Factors B, C, and D: No information are threatened by collection pressure between the U.S. Forest Service and a was presented in the petition due to easy access to the site and the mining company until falling copper concerning threats to this species from rarity and uniqueness (being in a prices forced postponement of the these factors. monotypic genus) of the species. deal.’’ Factor E: According to AGFD (2001), Factors C and D: No information was Factor B: NatureServe (2007) and the highly restricted geographic presented in the petition concerning Louie (1996) indicate that collection distribution is a management issue for threats to this species from these factors. may be a threat to this species, but the species. In the absence of Factor E: Although individuals of provide no additional information information identifying other threats to Genistidium dumosum occasionally concerning the likelihood of the species and linking those threats to produce numerous fruits, no seedlings overcollection or the impacts to the

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66903

species of these activities. We have the present or threatened destruction, presents substantial information to determined that this information does modification, or curtailment of its indicate that listing Paronychia not meet the substantial information habitat or range resulting from highway congesta may be warranted due to the standard. widening and maintenance and OHV present or threatened destruction, Factors C, D, and E: No information use or to disease or predation resulting modification, or curtailment of its was presented in the petition from grazing. habitat or range resulting from right-of- concerning threats to this species from way construction and maintenance, Paronychia congesta (Bushy Whitlow- these factors. pipeline installation, oil and gas wort) Based on our evaluation of the exploration, and well pad construction, information provided in the petition, we Paronychia congesta is a woody or to other natural or manmade factors have determined that the petition perennial shrub known to occur in affecting its continued existence presents substantial information to openings in shrublands on calcareous resulting from drought or freezes. indicate that listing Hexalectris revoluta outcrops of a particular geologic may be warranted due to the present or formation, the Bordas Escarpment in Jim Pediomelum pentaphyllum (Chihuahua threatened destruction, modification, or Hogg County, Texas (NatureServe 2007). Scurfpea) curtailment of its habitat or range as a This species was removed from the Pediomelum pentaphyllum is a result of mining development. Service’s list of candidate species for perennial plant that grows up to 25 listing under the Act on September 12, centimeters (9.8 inches) tall and has a Lesquerella kaibabensis (Kaibab 2006 (71 FR 53755). The two known long, swollen taproot (Tonne 2000; Bladderpod) populations occur within two miles of Sivinski 1993). The taproot apparently Lesquerella kaibabensis is a perennial each other. The species was first allows the plant to remain dormant or herb known to occur in the Kaibab collected in 1963 at a site where the restrict growth in dry years (BLM 2004). Plateau in the Kaibab National Forest in population was estimated to have 2,000 As such, P. pentaphyllum may not send Coconino County, Arizona (NatureServe plants; a second locality was found up an aerial portion (stem, leaves, and 2007). It occurs on limestone-clay knolls nearby in 1987 was estimated then to flowers) in dry years, making ground with a high percentage of exposed rock have 100 plants (Service 2006). In 1987, surveys more difficult (Tonne 2000). on the surface, within open windswept five additional sites were searched, but Pediomelum pentaphyllum meadows and along the sides of a State the species was not found at them historically occurred in Texas, New highway (AGFD 2001). (Service 2006). The known occupied Mexico, Arizona, and Chihuahua, Factor A: NatureServe (2007) sites are on private land, which has not Mexico (NatureServe 2007). It is identifies road widening and been accessed since the early 1990s currently only known from two disjunct maintenance as a threat to Lesquerella (Service 2006). sites in New Mexico and Arizona, kaibabensis. According to AGFD (2001), Factor A: NatureServe (2007) states despite multiple survey attempts across the Forest Service Regional Botanist at that Paronychia congesta may be its range (WildEarth Guardians 2008). the time made specific threatened by right-of-way construction The New Mexico site occurs on BLM recommendations for widening of the and maintenance, pipeline installation, and New Mexico State Trust lands in State highway intended to minimize the oil and gas exploration, and well pad Hidalgo County, and consists of 396 impact to Lesquerella kaibabensis. construction. Both populations occur on plants in an approximately 1,214 ha However, those recommendations were private rangeland that overlays oil (3,000 ac) area (Tonne 2008). The not followed (AGFD 2001). NatureServe fields, and are bissected by rights-of- Arizona site occurs on private land and (2007) also identifies OHV use in way (NatureServe 2007), one by a road includes a documented 32 plants in a 13 occupied meadows as a threat to the and the other by a pipeline (Service ha (32 ac) area (Tonne 2008). species. AGFD (2001) and NatureServe 2006). Paronychia congesta may also be Factor A: The petitioner asserts that (2007) acknowledge that the Kaibab threatened by brush clearing, herbicide livestock grazing may be a threat to National Forest has prohibited all OHV use, and replanting to nonnative forage Pediomelum pentaphyllum; however, in the meadows adjacent to the State grasses, such as Pennisetum ciliare information in NatureServe (2007) highway, but neither addresses whether (Service 2006). However, the practice of indicates that the impacts of livestock the prohibition is effectively enforced. replanting to nonnative forage grasses grazing on this species are unknown. Factor B: No information was may be declining (NatureServe 2007). The petitioner further asserts that oil presented in the petition concerning Factor B, C, and D: No information development may be a potential threat, threats to this species from this factor. was presented in the petition but provides no information indicating Factor C: NatureServe (2007) concerning threats to this species from whether oil development is occurring or identifies grazing as a threat to this factor. is likely to occur in occupied habitats Lesquerella kaibabensis. According to Factor E: NatureServe (2007) nor does the petitioner provide AGFD (2001) the Kaibab National Forest identifies rarity as a threat to information indicating how this species Plan establishes that livestock Paronychia congesta. Restricted may be impacted by oil development. utilization in these meadows should not geographic range may exacerbate the We have determined that the exceed 30 percent, but utilization impacts to the species of potential information provided concerning probably exceeds this level in most threats, such as chance events like fire grazing and oil development does not years. and flood. For instance, the Service meet the substantial information Factors D and E: No information was (2006) noted that in 1990, the number standard. presented in the petition concerning of individuals, and the apparent vigor of Factor B: The petitioner notes that threats to this species from these factors. the plants in the second, smaller Pediomelum pentaphyllum may have Based on our evaluation of the population, was reduced due to two historically been threatened by information provided in the petition, we consecutive years of drought and overcollection. Tarahumara Indians have determined that the petition freezes. used P. pentaphyllum to reduce fever presents substantial information to Based on our evaluation of the (Sivinski 1993; Tonne 2000). According indicate that listing Lesquerella information provided in the petition, we to Robert Bye, an ethnobotanist who has kaibabensis may be warranted due to have determined that the petition worked in Mexico, this species was

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66904 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules

regularly available in the Chihuahua in New Mexico (BLM 2004). Howard cultivate Salvia penstemonoides. market in 1908, but has not been (2005) notes that P. pentaphyllum is NatureServe (2007) further notes that available in recent years (R. Bye, pers. negatively impacted by Tebuthiuron use wild populations are potentially comm. cited in Sivinski 1993). The as evidenced by a greater proportion of threatened by loss of genetic integrity reasons for the plant’s disappearance absent plants, a greater proportion of due to hybridization as well as from the market are unclear but may non-normal looking plants, and a greater horticultural collecting. have been due to overcollection (Tonne proportion of non-flowering plants in Factors C and D: No information was 2000). However, historic overcollection areas treated with Tebuthiuron as presented in the petition concerning is not considered a threat to current compared to control areas not treated threats to this species from these factors. populations and no information was with Tebuthiuron. Factor E: Salvia penstemonoides may presented in the petition concerning Based on our evaluation of the be threatened by potential extinction current overutilization pressures. information provided in the petition, we from chance events due to its restricted Factor C: No information was have determined that the petition geographic distribution and small presented in the petition concerning presents substantial information to remaining number of individuals. In threats to this species from this factor. indicate that listing Pediomelum 1997, an early and long summer flood Factor D: The petitioner asserts that pentaphyllum may be warranted due to killed the largest part of the largest existing regulatory mechanisms are not other natural or manmade factors population, leaving only a few hundred adequate to protect Pediomelum affecting the species’ continued total individuals left in the wild pentaphyllum from the threats it faces. existence resulting from herbicide use. (NatureServe 2007, citing Texas Parks The petition reports that P. Salvia pentstemonoides (Big Red Sage) and Wildlife Department 1999), pentaphyllum is listed as endangered by indicating that natural chance events the State of New Mexico. As such, P. Salvia pentstemonoides is a plant may threaten the species. pentaphyllum is protected from found in moist or seasonally wet areas, Based on our evaluation of the unauthorized collection, transport, or especially creekbeds within the information provided in the petition, we sale by the New Mexico Endangered Edwards Plateau of Texas. Salvia have determined that the petition Plant Species Act, 9-10-10 NMSA. This pentstemonoides was thought to be presents substantial information to law prohibits the taking, possession, extinct until one large and several small indicate that listing Salvia transportation and exportation, selling populations were found in the late penstemonoides may be warranted due or offering for sale any listed plant 1980s. In 1997, an early and long the present or threatened destruction, species. Listed species can only be summer flood killed a large portion of modification, or curtailment of its collected under permit from the State of the largest population, leaving only a habitat or range resulting from aquifer New Mexico for scientific studies and few hundred total individuals left in the drawdown; overutilization for impact mitigation; however, this law wild (NatureServe 2007). NatureServe commercial, recreational, scientific, or does not provide any protection for P. (2007) states that the plant consists of educational purposes as a result of six small extant populations and about pentaphyllum habitat. commercial uses; or to other natural or a dozen historical occurrences, some of The petition reports that Pediomelum manmade factors affecting its continued which are of uncertain location or occur pentaphyllum is considered a sensitive existence resulting from flooding. species by the BLM. According to BLM on private land and haven’t been (2008), actions authorized by the BLM searched for in recent years. Salvia Fern Ally shall further the conservation of BLM- pentstemonoides was formerly a Donrichardsia macroneuron (no sensitive species. However, as noted by candidate 2 species, a taxon for which common name) the petitioner, BLM-sensitive species information in our possession indicated status does not confer any requirement that proposing to list was possibly Donrichardsia macroneuron is an to protect populations or their habitats. appropriate, but for which persuasive aquatic moss known to occur at Seven The petitioner further notes that the data on biological vulnerability and Hundred Springs on the South Llano Service has identified Pediomelum threat were not available to support a River, Edwards County, Texas (Crum pentaphyllum as a species of concern. proposed listing rule. This species has and Anderson 1981, Wyatt and While not a formal legal designation had no Federal Endangered Species Act Stoneburner 1980). It grows partially under Service regulations, a species of status since the practice of maintaining submerged in shaded areas in rapidly concern is defined as a taxon for which a list of candidate 2 species was flowing water (Wyatt and Stoneburner further biological research and field discontinued in 1996. 1980). Following an unsuccessful search study are needed to resolve its Factor A: According to NatureServe of 11 similar spring sites in the Llano conservation status or which is (2007) the species is threatened with River watershed by Wyatt and considered sensitive, rare, or declining lowering of the water table due to Stoneburner (1980), they concluded that on lists maintained by Natural Heritage development, drought, grazing, and there are no longer sites downstream Programs, State wildlife agencies, other erosion. We have information in our suitable for the species, although they Federal agencies, or professional/ files that aquifer drawdown due to believe such sites were historically academic scientific societies (Service increasing human population growth in occupied by the species. 2009). Species of concern are identified this area is occurring (Service 1996, pp. Factor A: According to NatureServe for planning purposes only and the title 16-19). No additional discussion was (2007) and Wyatt and Stoneburner confers no regulatory protection. presented for the claims that drought, (1980), the one occurrence at Seven Factor E: The petitioner asserts that grazing, and erosion threaten the Hundred Springs is threatened by Pediomelum pentaphyllum is species, and thus we have determined drying due to drought. A prolonged threatened by herbicide use. that the information presented drought in 1950-1958 dried the 11 Information cited in the petition concerning drought, grazing, and springs that were later searched for the indicates that the herbicide Tebuthiuron erosion does not meet the substantial species by Wyatt and Stoneburner is being used to control shrub information standard. (1980). NatureServe (2007) also claims encroachment and improve rangelands Factor B: According to NatureServe the species is threatened by changes in in the area occupied by P. pentaphyllum (2007) Austin area nurseries extensively hydrology, such as a rise in water level.

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66905

Wyatt and Stoneburner (1980) indicate information that listing the remaining petitioned action is warranted after we that flooding is a potential threat to the 67 of the 192 species that we evaluated have completed a thorough status species. as threatened or endangered under the review of the species, which is Factors B, C, D, and E: No information Act may be warranted. Because we have conducted following a substantial 90– was presented in the petition found that the petition presents day finding. Because the Act’s standards concerning threats to this species from substantial information that listing these for 90–day and 12–month findings are these factors. 67 species may be warranted, we are different, as described above, a Based on our evaluation of the initiating a status review to determine substantial 90–day finding does not information provided in the petition, we whether listing any of these 67 species mean that the 12–month finding will have determined that the petition under the Act is warranted. We will result in a warranted finding. presents substantial information to issue a 12–month finding as to whether References Cited indicate that listing of Donrichardsia any of the petitioned actions are macroneuron may be warranted due to warranted. A complete list of references cited is the present or threatened destruction, We previously determined that available on the Internet at Docket No. modification, or curtailment of its emergency listing of any of the 192 FWS-R2-ES-2008-0130 at http:// habitat or range resulting from drought species is not warranted. However, if at www.regulations.gov and upon request or changes in hydrology. any time we determine that emergency from the Southwestern Regional listing of any of the species is Finding Ecological Services Office (see FOR warranted, we will initiate an FURTHER INFORMATION CONTACT). We reviewed and evaluated 192 of the emergency listing. 475 petitioned species, based on the The petitioners also request that Author information in the petition and the critical habitat be designated for the The primary authors of this document literature cited in the petition, and we species concurrent with final listing are the staff members of the have evaluated the information to under the Act. If we determine in our Southwestern Regional Ecological determine whether the sources cited 12–month finding, following the status Services Offices (see FOR FURTHER support the claims made in the petition review of the species, that listing is INFORMATION CONTACT). relating to the five listing factors. We warranted, we will address the also reviewed reliable information designation of critical habitat in the Authority readily available in our files. subsequent proposed rule. The authority for this action is the On the basis of our determination The ‘‘substantial information’’ Endangered Species Act of 1973, as under section 4(b)(3)(A) of the Act, we standard for a 90–day finding differs amended (U.S.C. 1531 et seq.). have determined that the petition does from the Act’s ‘‘best scientific and not present substantial scientific or commercial data’’ standard that applies Dated: December 4, 2009 commercial information indicating that to a status review to determine whether Rowan W. Gould, listing may be warranted for 125 a petitioned action is warranted. A 90– Acting Director, U.S. Fish and Wildlife Service species. day finding does not constitute a status [FR Doc. E9–29699 Filed 12–15– 09; 8:45 We find that the petition presents review under the Act. In a 12–month am] substantial scientific or commercial finding, we will determine whether a BILLING CODE 4310–55–S

VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 i

Reader Aids Federal Register Vol. 74, No. 240 Wednesday, December 16, 2009

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 95...... 66222 149...... 64998 Executive orders and proclamations 741–6000 Proclamations: The United States Government Manual 741–6000 151...... 66567 8459...... 63269 160...... 64998 Other Services 8460...... 64585 161...... 64998 Electronic and on-line services (voice) 741–6020 8461...... 64587 162...... 64998 Privacy Act Compilation 741–6064 8462...... 64589 166...... 65014 Public Laws Update Service (numbers, dates, etc.) 741–6043 8463...... 64995 201...... 63271 TTY for the deaf-and-hard-of-hearing 741–6086 8464...... 66211 Executive Orders 10 CFR 13522...... 66203 ELECTRONIC RESEARCH Ch. 1 ...... 62676 13523...... 66563 72...... 65679 World Wide Web Administrative Orders: 207...... 66029 Full text of the daily Federal Register, CFR and other publications Presidential 218...... 66029 is located at: http://www.gpoaccess.gov/nara/index.html Determinations: 430...... 66029 Federal Register information and research tools, including Public No. 2010-03 of 490...... 66029 Inspection List, indexes, and links to GPO Access are located at: December 3, 2009 ...... 65381 501...... 66029 http://www.archives.gov/federallregister Memorandums: 601...... 66029 Memo. of November E-mail 609...... 63544 30, 2009 ...... 63059 820...... 66029 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Memo. of December 9, 824...... 66029 an open e-mail service that provides subscribers with a digital 2009 ...... 66207 851...... 66029 form of the Federal Register Table of Contents. The digital form 5 CFR 1013...... 66029 of the Federal Register Table of Contents includes HTML and 1017...... 66029 PDF links to the full text of each document. 410...... 65383 1050...... 66029 412...... 65383 To join or leave, go to http://listserv.access.gpo.gov and select Proposed Rules: 752...... 63531 Online mailing list archives, FEDREGTOC-L, Join or leave the list 72...... 66589 831...... 66565 (or change settings); then follow the instructions. 73...... 64012, 66589 842...... 66565 430...... 65852 PENS (Public Law Electronic Notification Service) is an e-mail 870...... 66565 service that notifies subscribers of recently enacted laws. 890...... 66565 11 CFR 1604...... 63061 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 100...... 63951 1651...... 63061 and select Join or leave the list (or change settings); then follow 113...... 63951 1653...... 63061 the instructions. 9004...... 63951 1690...... 63061 FEDREGTOC-L and PENS are mailing lists only. We cannot 9034...... 63951 respond to specific inquiries. 6 CFR Proposed Rules: Reference questions. Send questions and comments about the 5 ...... 63944, 63946, 63948, 300...... 64016 Federal Register system to: [email protected] 63949 12 CFR The Federal Register staff cannot interpret specific documents or 7 CFR 40...... 62890 regulations. 210...... 66213 201...... 65014 Reminders. Effective January 1, 2009, the Reminders, including 220...... 66213 216...... 62890 Rules Going Into Effect and Comments Due Next Week, no longer 400...... 66029 233...... 62687 appear in the Reader Aids section of the Federal Register. This 662...... 63537 332...... 62890 information can be found online at http://www.regulations.gov. 948...... 65390 573...... 62890 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 953...... 65390 716...... 62890 longer appears in the Federal Register. This information can be 980...... 65390 741...... 63277 found online at http://bookstore.gpo.gov/. 1207...... 63541 Proposed Rules: 1220...... 62675 702...... 65210 FEDERAL REGISTER PAGES AND DATE, DECEMBER 1435...... 66567 703...... 65210 1465...... 64591 704...... 65210 62675–63058...... 1 66563–66906...... 16 Proposed Rules: 709...... 65210 63059–63270...... 2 1206...... 64012 747...... 65210 63271–63530...... 3 1261...... 62708 63531–63950...... 4 8 CFR 13 CFR 63951–64584...... 7 103...... 64997 64585–64994...... 8 214...... 64997 Proposed Rules: 64995–65382...... 9 274a...... 64997 121 ...... 62710, 64026, 65040 65383–65678...... 10 299...... 64997 124 ...... 62710, 64026, 65040 65679–66028...... 11 66029–66212...... 14 9 CFR 14 CFR 66213–66562...... 15 94...... 66217 23 ...... 63560, 63968, 66567

VerDate Nov 24 2008 18:43 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\16DECU.LOC 16DECU hsrobinson on DSK69SOYB1PROD with PROPOSALS4 ii Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Reader Aids

25...... 65394 522 ...... 65689, 66047, 66573 Proposed Rules: Proposed Rules: 39 ...... 62689, 63063, 63284, 1300...... 63603 382...... 66601 0...... 63702 63563, 63565, 63569, 63572, Proposed Rules: 1...... 63702 38 CFR 63574, 63576, 63578, 63581, 4...... 65702 61...... 63702 63583, 63585, 63587, 63590, 9...... 62706 69...... 63702 63592, 63595, 65396, 65398, 22 CFR 17...... 63307 73...... 62733, 63336 65401, 65403, 65406, 65679, Proposed Rules: Proposed Rules: 65682, 65684, 66034, 66039, 22...... 66076 3...... 65702 48 CFR 66040, 66042, 66045, 66227 Ch. 1...... 65598, 65615 71 ...... 63970, 63971, 63973, 23 CFR 39 CFR 2...... 65599 63974, 63976, 65686, 65687, 655...... 66730 111...... 66241 4...... 65600 65688, 66230, 66231, 66570, 3020...... 65442, 66242 6...... 65614 66571, 66572 24 CFR Proposed Rules: 7...... 65605 91...... 62691 Proposed Rules: 111...... 66079 8...... 65600, 65614 97...... 63977, 63979 30...... 66548 3050...... 66082 11...... 65605 125...... 62691 93...... 63938 12...... 65605 135...... 62691 40 CFR 3400...... 66548 13...... 65600 Proposed Rules: Ch. I ...... 66496 15...... 65614 26 CFR 39 ...... 62711, 62713, 63331, 51...... 65692 16...... 65600 63333, 65492, 65493, 65496, 1...... 66048 52 ...... 63066, 63309, 63993, 22...... 65599 65697, 65699 63995, 65446, 65692 26...... 65607 27 CFR 71 ...... 63684, 65040, 66258, 63 ...... 63236, 63504, 63613 31 ...... 65607, 65608, 65612 66592, 66593, 66594, 66595, 9...... 64602 81...... 63995 32...... 65600 66597 82...... 66412, 66450 39...... 65605 29 CFR 141...... 63069 15 CFR 52 ...... 65599, 65600, 65607, 1601...... 63981 180 ...... 63070, 63074, 65021, 65614 740...... 66000 1602...... 63981 65029, 66574 501...... 66251 742...... 66000 1603...... 63981 300...... 63616, 64615 511...... 66251 743...... 66000 1607...... 63981 450...... 62996 552...... 66251 772...... 65662, 66000 1610...... 63981 Proposed Rules: 802...... 64619, 66257 774...... 65662, 66000 1611...... 63981 9...... 66470 804...... 64619, 66257 806...... 65017, 66232 1614...... 63981 50...... 64810 808...... 64619, 66257 Proposed Rules: 1625...... 63981 52 ...... 62717, 63080, 63697, 809...... 64619, 66257 740...... 63685 1690...... 63981 65042 810...... 64619, 66257 748...... 63685 2200...... 63985 53...... 64810 813...... 64619, 66257 750...... 63685 2203...... 63985 58...... 64810 815...... 64619, 66257 762...... 63685 2204...... 63985 63...... 63701, 66470 817...... 64619, 66257 4022...... 62697, 66234 82...... 65719 819...... 64619, 66257 16 CFR 4044...... 62697, 66234 261...... 64643, 66259 828...... 64619, 66257 313...... 62890 Proposed Rules: 300...... 64658 852...... 64619, 66257 403...... 63335 449...... 66082 3009...... 66584 17 CFR 408...... 63335 3052...... 66584 160...... 62890 1202...... 63695 41 CFR 6101...... 66584 240...... 63832 1206...... 63695 105–64...... 66245 Proposed Rules: 243...... 63832 1910...... 64027 552...... 63704 248...... 62890 42 CFR 570...... 63704 Proposed Rules: 30 CFR 405...... 65296 190...... 66598 260...... 66574 410...... 65449 49 CFR 240...... 63866 944...... 63988 411...... 65449 249b...... 63866 414...... 65449 172...... 65696 31 CFR 415...... 65449 192...... 63310, 63906 18 CFR 30...... 63990, 63991 423...... 65340 195...... 63310 38...... 63288 50...... 66051, 66061 485...... 65449 225...... 65458 40...... 64884 132...... 62687 498...... 65449 571...... 63182 585...... 63182 19 CFR 32 CFR 44 CFR 101...... 63980, 64601 199...... 65436 64...... 66580 50 CFR Proposed Rules: 323...... 62699 Proposed Rules: 21...... 64638 101...... 62715 67...... 66602 300 ...... 63999, 65036, 65460, 33 CFR 66585 20 CFR 100...... 62699 46 CFR 622...... 63673, 65038 220...... 63598 117 ...... 62700, 63610, 63612, 2...... 63617 635...... 66585 Proposed Rules: 64613, 66236, 66238 24...... 63617 648 ...... 62706, 64011, 65039 404...... 63688, 66069 151...... 66238 30...... 63617 660...... 65480 405...... 63688 165 ...... 62700, 62703, 64613, 70...... 63617 665...... 65460 416...... 63688, 66075 65019, 65438, 65439, 65690 90...... 63617 Proposed Rules: 422...... 63688 Proposed Rules: 114...... 63617 17 ...... 63037, 63343, 63366, 901...... 66259 117 ...... 63695, 64641, 65497 175...... 63617 64930, 65045, 65056, 66260, 188...... 63617 66866 21 CFR 34 CFR 535...... 65034 226...... 63080 210...... 65409 Ch. 2 ...... 65618 600...... 64042, 65724 211...... 65409 47 CFR 622...... 65500 212...... 65409 37 CFR 15...... 63079 635...... 63095 510 ...... 65689, 66047, 66573 381...... 62705 73...... 62706 679...... 63100, 65503

VerDate Nov 24 2008 18:43 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\16DECU.LOC 16DECU hsrobinson on DSK69SOYB1PROD with PROPOSALS4 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Reader Aids iii

in ‘‘slip law’’ (individual S. 1860/P.L. 111–114 subscribe, go to http:// pamphlet) form from the To permit each current listserv.gsa.gov/archives/ LIST OF PUBLIC LAWS Superintendent of Documents, member of the Board of publaws-l.html U.S. Government Printing This is a continuing list of Directors of the Office of Office, Washington, DC 20402 Compliance to serve for 3 public bills from the current Note: This service is strictly (phone, 202–512–1808). The terms. (Dec. 14, 2009; 123 session of Congress which for E-mail notification of new have become Federal laws. It text will also be made Stat. 3028) available on the Internet from Last List December 3, 2009 laws. The text of laws is not may be used in conjunction available through this service. with ‘‘P L U S’’ (Public Laws GPO Access at http:// PENS cannot respond to Update Service) on 202–741– www.gpoaccess.gov/plaws/ 6043. This list is also index.html. Some laws may Public Laws Electronic specific inquiries sent to this available online at http:// not yet be available. Notification Service address. www.archives.gov/federal- S. 1599/P.L. 111–113 (PENS) register/laws.html. Reserve Officers Association The text of laws is not Modernization Act of 2009 PENS is a free electronic mail published in the Federal (Dec. 14, 2009; 123 Stat. notification service of newly Register but may be ordered 3026) enacted public laws. To

VerDate Nov 24 2008 18:43 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\16DECU.LOC 16DECU hsrobinson on DSK69SOYB1PROD with PROPOSALS4