8–30–10 Vol. 75 No. 167 Monday Aug. 30, 2010 Pages 52857–53192

Home , KPKR, Sagtikos State Parkway, Smithers Creek

8–30–10 Monday Vol. 75 No. 167 Aug. 30, 2010

Pages 52857–53192

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Contents Federal Register Vol. 75, No. 167

Monday, August 30, 2010

Administration on Aging See International Trade Administration See Aging Administration See National Oceanic and Atmospheric Administration

Agency for Healthcare Research and Quality Defense Acquisition Regulations System NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Defense Federal Acquisition Regulation Supplements Submissions, and Approvals, 52951–52952 (DFARS): Solicitation for Nominations for Members of U.S. Warranty Tracking of Serialized Items, 52917–52921 Preventive Services Task Force (USPSTF), 52958– 52960 Defense Department See Defense Acquisition Regulations System Aging Administration See National Security Agency/Central Security Service NOTICES See Navy Department Funding Opportunities: RULES Grants for Native Americans, Native Hawaiian Programs, Federal Acquisition Regulations: and Native American Caregiver Support Program, American Recovery and Reinvestment Act of 2009; Buy 52956–52957 American Requirements for Construction Material, 53153–53169 Agricultural Research Service Definition of Cost or Pricing Data, 53135–53153 NOTICES Federal Acquisition Circular 2005–45; Introduction, Intent to Grant Exclusive License, 52924–52925 53128–53129 Federal Acquisition Circular 2005–45; Small Entity Agriculture Department Compliance Guide, 53169–53170 See Agricultural Research Service Inflation Adjustment of Acquisition-Related Thresholds, See Forest Service 53129–53135 See Grain Inspection, Packers and Stockyards NOTICES Administration Science and Technology Reinvention Laboratory Personnel Management Demonstration Projects, 53076–53126 Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Delaware River Basin Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Meetings, 52932–52934 Application for Amended Federal Firearms License, 52977–52978 Education Department Application for Federal Firearms License, 52978 NOTICES Application for Tax Paid Transfer and Registration of Agency Information Collection Activities; Proposals, Firearm, 52976–52977 Submissions, and Approvals, 52934–52935 Application to Register as Importer of U.S. Munitions Import List Articles, 52977 Election Assistance Commission NOTICES Arts and Humanities, National Foundation Meetings; Sunshine Act, 52935 See National Foundation on the Arts and the Humanities Employee Benefits Security Administration Centers for Disease Control and Prevention PROPOSED RULES NOTICES Prohibited Transaction Exemption Procedures; Employee Agency Information Collection Activities; Proposals, Benefit Plans, 53172–53192 Submissions, and Approvals, 52952–52954 Employment and Training Administration Centers for Medicare & Medicaid Services NOTICES NOTICES Solicitations of Additional Participants: Affirmative Determinations Regarding Applications for Medicare Program; Rural Community Hospital Reconsideration: Demonstration Program, 52960–52961 Wacker Neuson Corp., Menonomee Falls, WI, 52980– 52981 Central Security Service/National Security Agency Amended Certifications Regarding Eligibility to Apply for See National Security Agency/Central Security Service Worker Adjustment Assistance and Alternative Trade Adjustment Assistance: Civil Rights Commission Chrysler, LLC, et al., Detroit, MI, 52981 NOTICES Chrysler, LLC, et al., Twinsburg, OH, 52981 Meetings; Sunshine Act; Cancellation, 52927 Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance: Commerce Department Bluescope Buildings North America, et al., Laurinburg, See Foreign–Trade Zones Board NC, 52981–52982

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Chrysler Group LLC, et al., Kenosha, WI, 52982 Federal Emergency Management Agency Determinations Regarding Eligibility to Apply for Worker RULES Adjustment Assistance, 52982–52987 Final Flood Elevation Determinations, 52868–52872 Investigations Regarding Certifications of Eligibility to Suspension of Community Eligibility, 52861–52868 Apply for Worker Adjustment Assistance, 52987–52988 NOTICES Negative Determinations Regarding Applications for Emergency Declarations: Reconsideration: Texas (Amendment No. 1), 52962 Speciality Minerals, Inc., Franklin, VA, 52989–52990 Major Disaster Declarations: Iowa (Amendment No. 4), 52962 Energy Department Texas (Amendment No. 2), 52962–52963 See Federal Energy Regulatory Commission Texas (Amendment No. 3), 52963 PROPOSED RULES Major Disasters and Related Determinations: Energy Conservation Program for Consumer Products: Illinois, 52963 Test Procedures for Residential Water Heaters, Direct Missouri, 52964 Heating Equipment, and Pool Heaters, 52892–52907 Federal Energy Regulatory Commission Environmental Protection Agency NOTICES PROPOSED RULES Applications: Federal Implementation Plans: Colorado Interstate Gas Co., 52935–52936 Action to Ensure Authority to Issue Permits under the Energy Exchange, Inc., 52935–52937 Prevention of Significant Deterioration Program to Turtle Bayou Gas Storage Co., LLC, 52937–52938 Sources of Greenhouse Gas Emissions, 52916–52917 Filings: NOTICES E. I. du Pont de Nemours and Co., 52938 Data Availability: Preliminary Permit Application: 2010 CAIR NOX Annual Trading Program New Unit Set- Energy Exchange, Inc., 52938 aside Allowance Allocations, etc., 52940 Requests Under Blanket Authorizations: Meetings: ANR Pipeline Co., 52938–52939 Chartered Science Advisory Board, 52940–52941 Technical Conferences: National Advisory Council for Environmental Policy and California Independent System; et al., 52939–52940 Technology, 52941 Proposed CERCLA Administrative Agreements for De Federal Housing Finance Agency Minimis Settlements: NOTICES Mercury Refining Superfund Site, Towns of Guilderland Privacy Act; Systems of Records, 52944–52946 and Colonie, Albany County, NY, 52942 Federal Motor Carrier Safety Administration Executive Office of the President NOTICES See Trade Representative, Office of United States Public Listening Session, 53015–53017

Federal Aviation Administration Federal Reserve System RULES NOTICES Final Airworthiness Design Standards for Acceptance under Formations of, Acquisitions by, and Mergers of Bank Primary Category Rule: Holding Companies, 52946–52947 Orlando Helicopter Airways (OHA), Inc., Models Cessna 172I, 172K, 172L, and 172M, 52860 Fish and Wildlife Service Re-Registration and Renewal of Aircraft Registration, 52859 RULES PROPOSED RULES Migratory Bird Hunting: Airworthiness Directives: Final Frameworks for Early Season Migratory Bird Bell Helicopter Textron Canada Limited Model 427 Hunting Regulations, 52873–52890 Helicopters, 52912–52914 NOTICES Bell Helicopter Textron Canada Limited Models 206A, Endangered and Threatened Species Permit Applications, 206B, 206L, 206L–1, 206L–3, and 206L–4 52965–52966 Helicopters, 52914–52916 Receipt of Applications for Permit, 52971–52972 Boeing Co. Model 747–100, 747–100B, 747–100B SUD, 747–200B, 747–200C, 747–200F, et al. Series Food and Drug Administration Airplanes, 52907–52912 NOTICES Agency Information Collection Activities; Proposals, Federal Communications Commission Submissions, and Approvals, 52954–52956 RULES Request for Applications: Radio Broadcasting Services: Supplemental Funding Under the Emergency Response Blythe, CA, 52872–52873 Laboratory Network Microbiological Cooperative NOTICES Agreement Program, 52957–52958 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52942–52944 Foreign–Trade Zones Board NOTICES Federal Election Commission Applications for Subzone Authority: NOTICES Foreign Trade Zone 29; Dow Corning Corp.; Extension of Meetings; Sunshine Act, 52944 Rebuttal Period, 52927–52928

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Reorganizations of Foreign–Trade Zone 126 under Internal Revenue Service Alternative Site Framework: NOTICES Reno, NV, 52931–52932 Agency Information Collection Activities; Proposals, Site Renumberings: Submissions, and Approvals, 53018–53021 Foreign–Trade Zone 43; Battle Creek, MI, 52932 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Forest Service Regulation Project, 53021–53023 NOTICES Meetings: International Trade Administration Alpine Resource Advisory Committee, 52925 NOTICES Consolidated Decisions on Applications for Duty-Free Entry General Services Administration of Electron Microscopes: RULES Emory University, et al., 52928 Federal Acquisition Regulations: Meetings: American Recovery and Reinvestment Act of 2009; Buy President’s Export Council, 52929–52930 American Requirements for Construction Material, Preliminary Results of Antidumping Duty Changed- 53153–53169 Circumstances Reviews: Definition of Cost or Pricing Data, 53135–53153 Carbazole Violet Pigment 23 from India, 52930–52931 Federal Acquisition Circular 2005–45; Introduction, 53128–53129 International Trade Commission Federal Acquisition Circular 2005–45; Small Entity Compliance Guide, 53169–53170 NOTICES Complaints; Receipts, Requests for Comments, 52975–52976 Inflation Adjustment of Acquisition-Related Thresholds, Users Manual for Commission Mediation Program for 53129–53135 NOTICES Investigations, etc., 52976 Maximum Per Diem Rates for the Continental United States (CONUS), 52947 Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau Grain Inspection, Packers and Stockyards Administration NOTICES Labor Department Designations: See Employee Benefits Security Administration Amarillo, TX; Cairo, IL; State of Louisiana; State of North See Employment and Training Administration Carolina; Belmond, IA; State of New Jersey; and State See Occupational Safety and Health Administration of New York Areas, 52924 NOTICES Opportunities for Designation; Requests for Comments, etc.: Agency Information Collection Activities; Proposals, Owensboro, KY; Bloomington, IL; Iowa Falls, IA; Casa Submissions, and Approvals, 52978–52980 Grande, AZ; Fargo, ND; Grand Forks, ND; and Plainview, TX Areas, 52925–52927 Land Management Bureau NOTICES Health and Human Services Department Environmental Impact Statements; Availability, etc.: See Agency for Healthcare Research and Quality Genesis Solar, LLC Genesis Solar Energy Project and See Aging Administration Proposed California Desert Conservation Area Plan See Centers for Disease Control and Prevention Amendment, 52966–52967 See Centers for Medicare & Medicaid Services Temporary Closures and Restrictions on Specific Uses of See Food and Drug Administration Public Lands in Pershing County, Nevada, 52972– See National Institutes of Health 52975 NOTICES Agency Information Collection Activities; Proposals, Millennium Challenge Corporation Submissions, and Approvals, 52947–52949 Meetings: NOTICES National Biodefense Science Board, 52950–52951 Meetings; Sunshine Act, 52990 National Committee on Vital and Health Statistics, 52950 Report on Countries that are Candidates for Millennium Secretary’s Advisory Committee on Genetics, Health, and Challenge Account Eligibility in Fiscal Year 2011, etc., Society, 52949–52950 52990–52992

Homeland Security Department National Aeronautics and Space Administration See Federal Emergency Management Agency RULES See Transportation Security Administration Federal Acquisition Regulations: American Recovery and Reinvestment Act of 2009; Buy Interior Department American Requirements for Construction Material, See Fish and Wildlife Service 53153–53169 See Land Management Bureau Definition of Cost or Pricing Data, 53135–53153 See National Park Service Federal Acquisition Circular 2005–45; Introduction, NOTICES 53128–53129 Agency Information Collection Activities; Proposals, Federal Acquisition Circular 2005–45; Small Entity Submissions, and Approvals: Compliance Guide, 53169–53170 Non-use Valuation Survey, Klamath Basin; Revision, Inflation Adjustment of Acquisition-Related Thresholds, 52964–52965 53129–53135

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National Archives and Records Administration Navy Department NOTICES RULES Agency Information Collection Activities; Proposals, Professional Conduct of Attorneys Practicing Under the Submissions, and Approvals, 52992–52993 Cognizance and Supervision of the Judge Advocate Records Schedules; Availability, 52993–52995 General, 52860–52861

Nuclear Regulatory Commission National Foundation on the Arts and the Humanities NOTICES RULES Atomic Safety and Licensing Board Reconstitutions: Implementation of OMB Guidance on Drug Free Workplace Areva Enrichment Services, LLC (Eagle Rock Enrichment Requirements, 52857–52859 NOTICES Facility), 52996 Agency Information Collection Activities; Proposals, Draft Regulatory Guides; Issuance, Availability: Submissions, and Approvals: Administrative Practices in Radiation Surveys and State Library Administrative Agencies Survey, FY 2011– Monitoring, 52996–52997 2013, 52995–52996 Exemptions: Nebraska Public Power District; Cooper Nuclear Station, 52997–52998 National Institutes of Health Meetings: NOTICES ACRS Subcommittee on Economic Simplified Boiling Meetings: Water Reactor, 52999 National Heart, Lung, and Blood Institute, 52957 Regulatory Guides; Issuance and Availability: Planned Special Exposure (Revision 1), 52999–53000 National Oceanic and Atmospheric Administration RULES Occupational Safety and Health Administration Fisheries of Exclusive Economic Zone Off Alaska: NOTICES Pollock in Statistical Area 630 in Gulf of Alaska, 52891 Meetings: Fisheries of Northeastern United States: National Advisory Committee on Occupational Safety Summer Flounder Fishery; Commercial Quota Harvested and Health, 52988–52989 for Commonwealth of Massachusetts, 52890–52891 Office of United States Trade Representative Fisheries of the Exclusive Economic Zone Off Alaska: Chinook Salmon Bycatch Management in Bering Sea See Trade Representative, Office of United States Pollock Fishery, 53026–53074 PROPOSED RULES Peace Corps Fisheries in the Western Pacific: NOTICES Hawaii Bottomfish and Seamount Groundfish; Privacy Act; Systems of Records:, 53000 Management Measures for Hancock Seamounts to Pension Benefit Guaranty Corporation Rebuild Overfished Armorhead, 52921–52923 NOTICES NOTICES Endangered and Threatened Wildlife and Plants: Agency Information Collection Activities; Proposals, 90-Day Finding for Petition to List Georgia Basin Submissions, and Approvals: Populations of China Rockfish and Tiger Rockfish as Termination of Single-Employer Plans, Missing Endangered or Threatened, 52928–52929 Participants, 53000–53001 Personnel Management Office National Park Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Environmental Impact Statements; Availability, etc.: Submissions, and Approvals: Prisoners Harbor Wetland Restoration, Santa Cruz Island, Applications for 10-Point Veteran Preference, 53001– CA, 52969 53002 South Florida and Caribbean Parks Exotic Plant Management Plan, 52967–52969 Postal Regulatory Commission Meetings: NOTICES National Park System Advisory Board, 52969 New Postal Products, 53002–53003 Public Scoping: Product List Transfer, 53003–53004 Rim of Valley Corridor Special Resource Study, Los Angeles and Ventura Counties, CA, 52969–52971 Railroad Retirement Board NOTICES National Science Foundation Privacy Act; Systems of Records, 53004–53006 NOTICES Securities and Exchange Commission Meetings: NOTICES Advisory Committee for International Science and Self-Regulatory Organizations; Proposed Rule Changes: Engineering, 52996 NASDAQ OMX PHLX, Inc., 53008–53012

National Security Agency/Central Security Service Selective Service System NOTICES NOTICES Intents to Grant Exclusive License: Agency Information Collection Activities; Proposals, Doar, Pekuin, Sall Limited Liability Co., 52932 Submissions, and Approvals, 53012

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Small Business Administration Transportation Security Administration NOTICES NOTICES Disaster Declarations: Agency Information Collection Activities; Proposals, Iowa (Amendment 2), 53006–53007 Submissions, and Approvals: Gulf Opportunity Pilot Loan Program (GO Loan Pilot), Security Threat Assessment for Individuals Applying for 53007 a Hazardous Materials Endorsement for a Meetings: Commercial Drivers License, 52961–52962 Advisory Committee on Veterans Business Affairs, Treasury Department 53007–53008 See Internal Revenue Service See Thrift Supervision Office State Department See United States Mint NOTICES NOTICES Agency Information Collection Activities; Proposals, Culturally Significant Objects Imported for Exhibition Submissions, and Approvals, 53017 Determinations: Appointment of Members of Legal Division to Performance Chaos and Classicism; 1918–1936 Art in France, Italy, Review Board, Internal Revenue Service, 53017 and Germany, 53013 Ivory Mirror Case, 53012 United States Mint Pre-Raphaelite Lens; 1848–1875 British Photography and NOTICES Painting, 53013 Change to Procedures to Qualify for Bulk Purchase of Gold Treasures of Heaven; Saints, Relics, and Devotion in Bullion Coins, 53024 Medieval Europe, 53013 Treasures of Moscow; Icons from Andrey Rublev Museum, 53012–53013 Separate Parts In This Issue

Thrift Supervision Office Part II Commerce Department, National Oceanic and Atmospheric NOTICES Administration, 53026–53074 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Part III Sound Incentive Compensation Guidance, 53023–53024 Defense Department, 53076–53126

Trade Representative, Office of United States Part IV NOTICES Defense Department, 53128–53170 General Services Administration, 53128–53170 Fiscal Year 2011 Tariff-rate Quota Allocations: National Aeronautics and Space Administration, 53128– Raw Cane Sugar, Refined and Specialty Sugar, and Sugar- 53170 containing Products; Revision, 53013–53014 Modification of Action: Part V Canada; Compliance with Softwood Lumber Agreement, Labor Department, Employee Benefits Security 53014–53015 Administration, 53172–53192

Transportation Department See Federal Aviation Administration Reader Aids See Federal Motor Carrier Safety Administration Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, See Transportation Security Administration NOTICES and notice of recently enacted public laws. Applications: To subscribe to the Federal Register Table of Contents Certificates of Public Convenience and Necessity and LISTSERV electronic mailing list, go to http:// Foreign Air Carrier Permits Filed Under Subpart B, listserv.access.gpo.gov and select Online mailing list 53015 archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

2 CFR 53135, 53153 3373...... 52857 Proposed Rules: 10 CFR 211...... 52917 246...... 52917 Proposed Rules: 252...... 52917 430...... 52892 50 CFR 14 CFR 20...... 52873 13...... 52859 648...... 52890 21...... 52860 679 (2 documents) ...... 52891, 47...... 52859 91...... 52859 53026 Proposed Rules: Proposed Rules: 39 (3 documents) ...... 52907, 665...... 52921 52912, 52914 15 CFR 902...... 53026 29 CFR Proposed Rules: 2570...... 53172 32 CFR 776...... 52860 40 CFR Proposed Rules: 52...... 52916 44 CFR 64 (2 documents) ...... 52861, 52865 67...... 52868 45 CFR 1173...... 52857 47 CFR 73...... 52872 48 CFR Chapter 1 (2 documents) ...... 53128, 53169 1...... 53129 2 (3 documents) ...... 53129, 53135, 53153 3...... 53129 4...... 53135 5 (2 documents) ...... 53129, 53153 6...... 53129 7...... 53129 8...... 53129 12 (2 documents) ...... 53129, 53135 13...... 53129 14...... 53135 15 (2 documents) ...... 53129, 53135 16 (2 documents) ...... 53129, 53135 17...... 53129 19 (2 documents) ...... 53129, 53135 22...... 53129 23...... 53129 25...... 53153 27...... 53135 28...... 53129 30...... 53135 31...... 53135 32 (2 documents) ...... 53129, 53135 36...... 53129 42 (2 documents) ...... 53129, 53135 44...... 53135 49...... 53135 50...... 53129 52 (3 documents) ...... 53129,

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Rules and Regulations Federal Register Vol. 75, No. 167

Monday, August 30, 2010

This section of the FEDERAL REGISTER e-mail: [email protected], or by mail: FR 28149, June 15, 2009] contains regulatory documents having general Susan Daisey, Director, Office of Grant Governmentwide guidance with policies applicability and legal effect, most of which Management, National Endowment for and procedures to implement drug-free are keyed to and codified in the Code of the Humanities, 1100 Pennsylvania workplace requirements for financial Federal Regulations, which is published under Ave., NW., Room 311, Washington, DC assistance. The guidance requires each 50 titles pursuant to 44 U.S.C. 1510. 20506. agency to replace the common rule on The Code of Federal Regulations is sold by FOR FURTHER INFORMATION CONTACT: drug-free workplace requirements that the Superintendent of Documents. Prices of Susan G. Daisey at 202–606–8494 or the agency previously issued in its own new books are listed in the first FEDERAL e-mail her at [email protected]. CFR title with a brief regulation in REGISTER issue of each week. SUPPLEMENTARY INFORMATION: 2 CFR adopting the Governmentwide policies and procedures. One advantage Background of this approach is that it reduces the NATIONAL FOUNDATION ON THE The Drug-Free Workplace Act of 1988 total volume of drug-free workplace ARTS AND THE HUMANITIES [Pub. L. 100–690, Title V, Subtitle D; 41 regulations. A second advantage is that it collocates OMB’s guidance and all of 2 CFR Part 3373 U.S.C. 701, et seq.] was enacted as a part of omnibus drug legislation on the agencies’ implementing regulations in 2 CFR. 45 CFR Part 1173 November 18, 1988. Federal agencies issued an interim final common rule to The Current Regulatory Actions RIN 3136–AA30 implement the act as it applied to grants As the OMB guidance requires, NEH [54 FR 4946, January 31, 1989]. The rule is taking two regulatory actions. First, National Endowment for the was a subpart of the Governmentwide we are removing the drug-free Humanities Implementation of OMB common rule on nonprocurement workplace common rule from 45 CFR Guidance on Drug-Free Workplace suspension and debarment. The Requirements part 1173. Second, to replace the agencies issued a final common rule common rule, we are issuing a brief AGENCY: National Endowment for the after consideration of public comments regulation in 2 CFR part 3373 to adopt Humanities, National Foundation on the [55 FR 21681, May 25, 1990]. the Governmentwide policies and The agencies proposed an update to Arts and the Humanities. procedures in the OMB guidance. the drug-free workplace common rule in ACTION: Final rule. 2002 [67 FR 3266, January 23, 2002] and Invitation To Comment SUMMARY: The National Endowment for finalized it in 2003 [68 FR 66534, Taken together, these regulatory the Humanities (NEH) is removing its November 26, 2003]. The updated actions are solely an administrative regulation implementing the common rule was redrafted in plain simplification and are not intended to Governmentwide common rule on drug- language and adopted as a separate part, make any substantive change in policies free workplace requirements for independent from the common rule on or procedures. In soliciting comments financial assistance, currently located nonprocurement suspension and on these actions, we therefore are not within Part 1173 of Title 45 of the Code debarment. Based on an amendment to seeking to revisit substantive issues that of Federal Regulations (CFR), and the drug-free workplace requirements in were resolved during the development issuing a new regulation to adopt the 41 U.S.C. 702 [Pub. L. 105–85, div. A, of the final common rule in 2003. We Office of Management and Budget title VIII, Sec. 809, Nov. 18, 1997, 111 are inviting comments specifically on (OMB) guidance at 2 CFR part 182. This Stat. 1838], the update also allowed any unintended changes in substantive regulatory action implements the OMB’s multiple enforcement options from content that the new part in 2 CFR initiative to streamline and consolidate which agencies could select, rather than would make relative to the common rule into one title of the CFR all Federal requiring use of a certification in all at 45 CFR part 1173. cases. regulations on drug-free workplace Administrative Procedure Act requirements for financial assistance. When it established Title 2 of the CFR These changes constitute an as the new central location for OMB Under the Administrative Procedure administrative simplification that would guidance and agency implementing Act (5 U.S.C. 553), agencies generally make no substantive change in NEH’s regulations concerning grants and propose a regulation and offer interested policy or procedures for drug-free agreements [69 FR 26276, May 11, parties the opportunity to comment workplace. 2004], OMB announced its intention to before it becomes effective. However, as replace common rules with OMB described in the ‘‘Background’’ section DATES: This final rule is effective on guidance that agencies could adopt in of this preamble, the policies and October 29, 2010 without further action. brief regulations. OMB began that procedures in this regulation have been Submit comments by September 29, process by proposing [70 FR 51863, proposed for comment two times—one 2010 on any unintended changes this August 31, 2005] and finalizing [71 FR time by Federal agencies as a common action makes in NEH policies and 66431, November 15, 2006] rule in 2002 and a second time by OMB procedures for drug-free workplace. All Governmentwide guidance on as guidance in 2008—and adopted each comments on unintended changes will nonprocurement suspension and time after resolution of the comments be considered and, if warranted, NEH debarment in 2 CFR part 180. received. will revise the rule. As the next step in that process, OMB This direct final rule is solely an ADDRESSES: You may submit comments proposed for comment [73 FR 55776, administrative simplification that would by either one of the following methods: September 26, 2008] and finalized [74 make no substantive change in NEH

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policy or procedures for drug-free List of Subjects 3373.505 Who in the NEH determines that workplace. We therefore believe that the a recipient who is an individual violated 2 CFR Part 3373 rule is noncontroversial and do not the requirements of this part? expect to receive adverse comments, Administrative practice and Subpart F—Definitions [Reserved] although we are inviting comments on procedure, Drug abuse, Grant programs, any unintended substantive change this Reporting and recordkeeping Authority: 41 U.S.C. 701–707. requirements. rule makes. § 3373.10 What does this part do? Accordingly, we find that the 45 CFR Part 1173 solicitation of public comments on this This part requires that the award and Administrative practice and direct final rule is unnecessary and that administration of NEH grants and procedure, Drug abuse, Grant programs, ‘‘good cause’’ exists under 5 U.S.C. cooperative agreements comply with Reporting and recordkeeping 553(b)(B) and 553(d) to make this rule Office of Management and Budget requirements. effective on October 29, 2010 without (OMB) guidance implementing the ■ further action, unless we receive Accordingly, for the reasons set forth portion of the Drug-Free Workplace Act adverse comment by September 29, in the preamble, and under the of 1988 (41 U.S.C. 701–707, as 2010. If any comment on unintended authority of 5 U.S.C. 301, the NEH amended, hereafter referred to as ‘‘the changes is received, it will be amends the Code of Federal Act’’) that applies to grants. It thereby— considered and, if warranted, we will Regulations, Title 2, Subtitle B, chapter (a) Gives regulatory effect to the OMB publish a timely revision of the rule. XXIII, and Title 45 chapter 11, part guidance (Subparts A through F of 2 1173, as follows: CFR part 182) for the NEH’s grants and Executive Order 12866 Title 2—Grants and Agreements cooperative agreements; and OMB has determined this rule to be (b) Establishes NEH policies and not significant for purposes of E.O. ■ 1. Add part 3373 in Subtitle B, procedures for compliance with the Act 12866. Chapter XXIII, to read as follows: that are the same as those of other Regulatory Flexibility Act of 1980 PART 3373—REQUIREMENTS FOR Federal agencies, in conformance with (5 U.S.C. 605(b)) DRUG-FREE WORKPLACE the requirement in 41 U.S.C. 705 for (FINANCIAL ASSISTANCE) Governmentwide implementing This regulatory action will not have a regulations. significant adverse impact on a Sec. substantial number of small entities. 3373.10 What does this part do? § 3373.20 Does this part apply to me? Unfunded Mandates Act of 1995 3373.20 Does this part apply to me? This part and, through this part, 3373.30 What policies and procedures must (Sec. 202, Pub. L. 104–4) pertinent portions of the OMB guidance I follow? in Subparts A through F of 2 CFR part This regulatory action does not Subpart A—Purpose and Coverage 182 (see table at 2 CFR 182.115(b)) contain a Federal mandate that will [Reserved] apply to you if you are a— result in the expenditure by State, local, Subpart B—Requirements for Recipients (a) Recipient of a NEH grant or and Tribal governments, in aggregate, or Other Than Individuals cooperative agreement; or by the private sector of $100 million or more in any one year. 3373.225 Whom in the NEH does a (b) NEH awarding official. recipient other than an individual notify Paperwork Reduction Act of 1995 about a criminal drug conviction? § 3373.30 What policies and procedures must I follow? (44 U.S.C., Chapter 35) Subpart C—Requirements for Recipients This regulatory action will not impose Who Are Individuals (a) General. You must follow the any additional reporting or 3373.300 Whom in the NEH does a policies and procedures specified in recordkeeping requirements under the recipient who is an individual notify applicable sections of the OMB Paperwork Reduction Act. about a criminal drug conviction? guidance in Subparts A through F of 2 Subpart D—Responsibilities of Agency CFR part 182, as implemented by this Federalism (Executive Order 13132) Awarding Officials part. This regulatory action does not have 3373.400 What method do I use as an (b) Specific sections of OMB guidance Federalism implications, as set forth in agency awarding official to obtain a that this part supplements. In Executive Order 13132. It will not have recipient’s agreement to comply with the implementing the OMB guidance in 2 substantial direct effects on the States, OMB guidance? CFR part 182, this part supplements on the relationship between the national Subpart E—Violations of This Part and four sections of the guidance, as shown government and the States, or on the Consequences in the following table. For each of those distribution of power and 3373.500 Who in the NEH determines that sections, you must follow the policies responsibilities among the various a recipient other than an individual and procedures in the OMB guidance, as levels of government. violated the requirements of this part? supplemented by this part.

Section in this Section of OMB guidance part where What the supplementation clarifies supplemented

(1) 2 CFR 182.225(a) ...... § 3373.225 Whom in the NEH a recipient other than an individual must notify if an employee is convicted for a violation of a criminal drug statute in the workplace. (2) 2 CFR 182.300(b) ...... § 3373.300 Whom in the NEH a recipient who is an individual must notify if he or she is convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity.

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Section in this Section of OMB guidance part where What the supplementation clarifies supplemented

(3) 2 CFR 182.500 ...... § 3373.500 Who in the NEH is authorized to determine that a recipient other than an individual is in violation of the requirements of 2 CFR part 182, as implemented by this part. (4) 2 CFR 182.505 ...... § 3373.505 Who in the NEH is authorized to determine that a recipient who is an individual is in violation of the requirements of 2 CFR part 182, as implemented by this part.

(c) Sections of the OMB guidance that Subpart E—Violations of This Part and requirements in 14 CFR part 47 on this part does not supplement. For any Consequences August 16, 2010. The rule becomes section of OMB guidance in Subparts A effective on October 1, 2010. through F of 2 CFR part 182 that is not § 3373.500 Who in the NEH determines FOR FURTHER INFORMATION CONTACT: John listed in paragraph (b) of this section, that a recipient other than an individual violated the requirements of this part? G. Bent, Civil Aviation Registry, Mike NEH policies and procedures are the Monroney Aeronautical Center, 6500 same as those in the OMB guidance. The NEH General Counsel is the agency official authorized to make the South MacArthur Boulevard, Oklahoma Subpart A—Purpose and Coverage determination under 2 CFR 182.500. City, OK 73169; telephone: (405) 954– 4331. [Reserved] § 3373.505 Who in the NEH determines that a recipient who is an individual violated SUPPLEMENTARY INFORMATION: On July Subpart B—Requirements for the requirements of this part? 20, 2010, the FAA published the final Recipients Other Than Individuals The NEH General Counsel is the rule, ‘‘Re-Registration and Renewal of § 3373.225 Whom in the NEH does a agency official authorized to make the Aircraft Registration’’ (75 FR 41968). recipient other than an individual notify determination under 2 CFR 182.505. Over a 3-year period, this rule will about a criminal drug conviction? terminate the registration of all aircraft Subpart F—Definitions [Reserved] registered before October 1, 2010, and A recipient other than an individual will require the re-registration of each that is required under 2 CFR 182.225(a) Title 45—Public Welfare aircraft to retain U.S. civil aircraft to notify Federal agencies about an status. The rule also establishes a Chapter XI—National Foundation on employee’s conviction for a criminal system for a 3-year recurrent expiration the Arts and the Humanities drug offense must notify the Director, and renewal of registration for all Office of Grant Management, NEH. ■ 2. Remove Part 1173. aircraft issued a registration certificate on or after October 1, 2010. The final Subpart C—Requirements for Michael P. McDonald, rule amends the FAA’s regulations to Recipients Who Are Individuals General Counsel. provide standards for the timely § 3373.300 Whom in the NEH does a [FR Doc. 2010–21600 Filed 8–27–10; 8:45 am] cancellation of registration (N-numbers) recipient who is an individual notify about BILLING CODE 7536–01–P for unregistered aircraft. This final rule a criminal drug conviction? makes other minor changes to establish consistency and ensure the regulations A recipient who is an individual and conform to statute or current Registry is required under 2 CFR 182.300(b) to DEPARTMENT OF TRANSPORTATION practices. The amendments will notify Federal agencies about a Federal Aviation Administration improve the accuracy of the Civil conviction for a criminal drug offense Aviation Registry. must notify the Director, Office of Grant 14 CFR Parts 13, 47, and 91 Management, NEH. The rule contained information [Docket No. FAA–2008–0118; Amdt. Nos. collection requirements that had not yet Subpart D—Responsibilities of Agency 13–34, 47–29, 91–318] been approved by the Office of Awarding Officials RIN 2120–AI89 Management and Budget at the time of publication. In accordance with the § 3373.400 What method do I use as an Re-Registration and Renewal of Paperwork Reduction Act, OMB agency awarding official to obtain a approved that request on August 16, recipient’s agreement to comply with the Aircraft Registration; OMB Approval of OMB guidance? Information Collection 2010, and assigned the information collection OMB Control Number 2120– To obtain a recipient’s agreement to AGENCY: Federal Aviation 0729. The FAA request was approved by comply with applicable requirements in Administration, DOT. OMB for a term of 18 months and the OMB guidance at 2 CFR part 182, ACTION: Final rule; approval of the expires on February 29, 2010. This you must include the following term or information collection. notice is being published to inform condition in the award: affected parties of the approval of the SUMMARY: This document announces information collection requirements of Drug-free workplace. You as the recipient Office of Management and Budget’s 14 CFR part 47. must comply with drug-free workplace (OMB’s) approval of the information requirements in Subpart B (or Subpart C, if collection requirement contained in the Issued in Washington, DC, on August 24, the recipient is an individual) of 2 CFR Part FAA’s final rule, ‘‘Re-Registration and 2010. 3373, which adopts the Governmentwide Dennis R. Pratte, II, implementation (2 CFR part 182) of sec. Renewal of Aircraft Registration,’’ which 5152–5158 of the Drug-Free Workplace Act of was published on July 20, 2010. Acting Director, Office of Rulemaking. 1988 (Pub. L. 100–690, Title V, Subtitle D; 41 DATES: The FAA received OMB [FR Doc. 2010–21561 Filed 8–27–10; 8:45 am] U.S.C. 701–707). approval for the information collection BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION Applicability DEPARTMENT OF DEFENSE Federal Aviation Administration As discussed above, these Department of the Navy airworthiness design standards under 14 CFR Part 21 the primary category rule are applicable 32 CFR Part 776 to the C172I, C172K, C172L, and Final Airworthiness Design Standards C172M. Should OHA, Inc., wish to [No. USN–2010–0019] for Acceptance Under the Primary apply these airworthiness design RIN 0703–AA88 Category Rule; Orlando Helicopter standards to other airplane models, Airways (OHA), Inc., Models Cessna OHA, Inc. must submit a new Professional Conduct of Attorneys 172I, 172K, 172L, and 172M airworthiness design standard Practicing Under the Cognizance and application under the primary rule Supervision of the Judge Advocate AGENCY: Federal Aviation category. General Administration (FAA), DOT. AGENCY: Department of the Navy, DoD. ACTION: Issuance of final Airworthiness Conclusion Design Standards. ACTION: Interim final rule. This action affects only certain SUMMARY: This Airworthiness Design airworthiness design standards on SUMMARY: The Department of the Navy Standard is issued to OHA, Inc., for Cessna model C172I, C172K, C172L, (DON) is amending its rules to update certification under primary category C172M airplanes. It is not a standard of existing sections relating to the regulations of modified Cessna 172I, general applicability and it affects only professional conduct of attorneys 172K, 172L, and 172M airplanes. the applicant who applied to the FAA practicing under the cognizance and for approval of these features on the supervision of the Judge Advocate DATES: This Airworthiness Design General (JAG) for clients with Standard is effective September 29, airplane. diminished capacity. The amendment 2010. Citation comports with current policy reflected FOR FURTHER INFORMATION CONTACT: Mr. The authority citation for these in JAG Instruction 5803.1 (Series), Leslie B. Taylor, Aerospace Engineer, airworthiness standards is as follows: Professional Conduct of Attorneys Standards Office (ACE–111), Small Practicing Under the Cognizance and Airplane Directorate, Aircraft Authority: 49 U.S.C. 106(g), 40113 and Supervision of the Judge Advocate Certification Service, FAA; telephone 44701. General. number (816) 329–4134, fax number Final Airworthiness Standards for The new rule allows a covered (816) 329–4090, e-mail at Acceptance Under the Primary attorney to take preventative action [email protected]. Category Rule when the attorney reasonably believes that a client has diminished capacity SUPPLEMENTARY INFORMATION: Any person may obtain a copy of this For all airplane modifications and the and is at risk of substantial physical information by contacting the person powerplant installation: harm to himself or herself unless immediate action is taken. Not having named above under FOR FURTHER Part 3 of the Civil Air Regulations this immediate change negatively INFORMATION CONTACT. (CAR 3), effective November 1, 1949, as amended by Amendments 3–1 through impacts an attorney’s ability to preserve Background 3–12, except for § 3.415, Engines and life when a client expresses the intent The ‘‘primary’’ category for aircraft § 3.416(a), Propellers; and 14 CFR part to harm himself or herself or an attorney was created specifically for the simple, 23, §§ 23.603, 23.863, 23.907, 23.961, receives information about a client’s low performance personal aircraft. 23.1322 and 23.1359 (latest suicidal intentions. The JAG has Section 21.17(f) provides a means for amendments through Amendment 23– directed that this change take effect applicants to propose airworthiness 59) as applicable to these airplanes. immediately as the former version of the rule potentially created a professional standards for their particular primary For engine assembly certification: category aircraft. The FAA procedure responsibility violation if an attorney establishing appropriate airworthiness Joint Aviation Requirements 22 (JAR acted to preserve life or risked the standards includes reviewing and 22), ‘‘Sailplanes and Powered client’s life. possibly revising the applicant’s Sailplanes,’’ Change 5, dated October 28, DATES: This interim final rule is proposal, publication of the submittal in 1995, Subpart H only. effective August 30, 2010. Written the Federal Register for public review For propeller certification: comments received at the address indicated below by October 29, 2010 and comment, and addressing the 14 CFR part 35 as amended through will be considered and addressed in the comments. After all necessary revisions, Amendment 35–8 except § 35.1 (or a final rule. the standards are published as approved propeller with an FAA type certificate FAA airworthiness standards. may be used). ADDRESSES: You may submit comments, identified by docket number and/or Discussion of Comments For noise standards: Regulatory Information Number (RIN) Existence of Proposed Airworthiness 14 CFR part 36, Amendment 36–28, and title, by any of the following Design Standards for Acceptance Under Appendix G. methods: the Primary Category Rule; Orlando Issued in Kansas City, Missouri, on August Federal eRulemaking Portal: http:// Helicopter Airways (OHA), Inc., Models 19, 2010. www.regulations.gov. Follow the Cessna 172I, 172K, 172L, and 172M instructions for submitting comments. airplanes was published in the Federal John R. Colomy, Mail: Federal Docket Management Register on June 21, 2010, 75 FR 34953. Acting Manager, Small Airplane Directorate, System Office, 1160 Defense Pentagon, No comments were received, and the Aircraft Certification Service. Washington, DC 20301–1160. airworthiness design standards are [FR Doc. 2010–21444 Filed 8–27–10; 8:45 am] Instructions: All submissions received adopted as proposed. BILLING CODE 4910–13–P must include the agency name and

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docket or RIN number for this Federal (3) Materially alter the budgetary shall, as far as reasonably possible, Register document. The general policy impact of entitlements, grants, user fees, maintain a normal attorney-client for comments and other submissions or loan programs, or the rights and relationship with the client. from members of the public is to make obligations of recipients thereof; or (2) When the covered attorney these submissions available for public (4) Raise novel legal or policy issues reasonably believes that the client has viewing on the Internet at http:// arising out of legal mandates, the diminished capacity, is at risk of www.regulations.gov as they are President’s priorities, or the principles substantial physical, financial, or other received without change, including any set forth in this Executive Order. harm unless action is taken and cannot personal identifiers or contact adequately act in the client’s own Unfunded Mandates Reform Act (Sec. information. interest, the covered attorney may take 202, Pub. L. 104–4) FOR FURTHER INFORMATION CONTACT: reasonably necessary protective action, Lieutenant Commander Janelle M. Beal, It has been certified that 32 CFR part including consulting with individuals JAGC, U.S. Navy, Office of the Judge 776 does not contain a Federal mandate or entities that have the ability to take Advocate General (Administrative Law), that may result in the expenditure by action to protect the client. Department of the Navy, 1322 Patterson State, local and tribal governments, in (3) Information relating to the Ave., SE., Suite 3000, Washington Navy aggregate, or by the private sector, of representation of a client with Yard, DC 20374–5066, telephone: 703– $100 million or more in any one year. diminished capacity is protected by 614–7403. Public Law 96–511, ‘‘Paperwork § 776.25 of this part. When taking SUPPLEMENTARY INFORMATION: The Reduction Act’’ (44 U.S.C. Chapter 35) protective action pursuant to paragraph Department of the Navy is amending 32 (a)(2) of this section, the covered It has been certified that 32 CFR part CFR part 776, to comport with current attorney is impliedly authorized under 776 does not impose any reporting or policy as stated in JAG Instruction § 776.25 of this part to reveal recordkeeping requirements under the 5803.1 (Series) governing the information about the client, but only to Paperwork Reduction Act of 1995 (44 professional conduct of attorneys the extent reasonably necessary to U.S.C. chapter 35). practicing under the cognizance and protect the client’s interests. supervision of the Judge Advocate Federalism (Executive Order 13132) (b) [Reserved] General for clients with diminished It has been certified that 32 CFR Part Dated: August 24, 2010. capacity. This rule updates the existing 776 does not have federalism D.J. Werner, section to reflect the current policy of implications, as set forth in Executive Lieutenant Commander, Office of the Judge the Judge Advocate General to permit a Order 13132. This rule does not have Advocate General, U.S. Navy, Federal covered attorney to take protective substantial direct effects on: Register Liaison Officer. action and disclose a client’s condition (1) The States; [FR Doc. 2010–21499 Filed 8–27–10; 8:45 am] when he or she reasonably believes that (2) The relationship between the BILLING CODE 3810–FF–P the client has diminished capacity and National Government and the States; or is at risk of substantial physical self- (3) The distribution of power and harm if action is not taken. Thus, responsibilities among the various DEPARTMENT OF HOMELAND aligning the policy with ABA Model levels of government. SECURITY Rules of Professional Conduct (2010), Rule 1.14 (Client with Diminished List of Subjects in 32 CFR Part 776 Federal Emergency Management Capacity). Interested persons are invited Rules of Professional Conduct, and Agency to comment in writing on this Complaint Processing Procedures. amendment. All written comments ■ 44 CFR Part 64 received will be considered in finalizing For the reasons set forth in the the amendment to 32 CFR part 776. It preamble, the Department of the Navy [Docket ID FEMA–2010–0003; Internal has been determined that this rule amends 32 CFR Part 776, as follows: Agency Docket No. FEMA–8145] amendment is not a major rule within PART 776—PROFESSIONAL Suspension of Community Eligibility the criteria specified in Executive Order CONDUCT OF ATTORNEYS 12866, as amended by Executive Order PRACTICING UNDER THE AGENCY: Federal Emergency 13258, and does not have substantial COGNIZANCE AND SUPERVISION OF Management Agency, DHS. impact on the public. THE JUDGE ADVOCATE GENERAL ACTION: Final rule. Matters of Regulatory Procedure ■ 1. The authority citation for 32 CFR SUMMARY: This rule identifies Executive Order 12866, ‘‘Regulatory Part 776 continues to read as follows: communities, where the sale of flood Planning and Review’’ Authority: 10 U.S.C. 806, 806a, 826, 827. insurance has been authorized under It has been determined that 32 CFR the National Flood Insurance Program Part 776 is not a significant regulatory Subpart B—Rules of Professional (NFIP), that are scheduled for action. The rule does not: Conduct suspension on the effective dates listed (1) Have an annual effect on the within this rule because of economy of $100 million or more or ■ 2. Revise § 776.33 to read as follows: noncompliance with the floodplain adversely affect in a material way the management requirements of the economy, a sector of the economy, § 776.33 Client with diminished capacity. program. If the Federal Emergency productivity, competition, jobs, the (a) Client with diminished capacity: Management Agency (FEMA) receives environment, public health or safety, or (1) When a client’s ability to make documentation that the community has State, local, or tribal governments or adequately considered decisions in adopted the required floodplain communities; connection with the representation is management measures prior to the (2) Create a serious inconsistency or diminished, whether because of effective suspension date given in this otherwise interfere with an action taken minority, mental impairment, or for rule, the suspension will not occur and or planned by another agency; some other reason, the covered attorney a notice of this will be provided by

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publication in the Federal Register on a the communities will be published in the Regulatory Flexibility Act because subsequent date. the Federal Register. the National Flood Insurance Act of DATES: Effective Dates: The effective In addition, FEMA has identified the 1968, as amended, 42 U.S.C. 4022, date of each community’s scheduled Special Flood Hazard Areas (SFHAs) in prohibits flood insurance coverage suspension is the third date (‘‘Susp.’’) these communities by publishing a unless an appropriate public body listed in the third column of the Flood Insurance Rate Map (FIRM). The adopts adequate floodplain management following tables. date of the FIRM, if one has been measures with effective enforcement FOR FURTHER INFORMATION CONTACT: If published, is indicated in the fourth measures. The communities listed no you want to determine whether a column of the table. No direct Federal longer comply with the statutory particular community was suspended financial assistance (except assistance requirements, and after the effective on the suspension date or for further pursuant to the Robert T. Stafford date, flood insurance will no longer be information, contact David Stearrett, Disaster Relief and Emergency available in the communities unless Mitigation Directorate, Federal Assistance Act not in connection with a remedial action takes place. Emergency Management Agency, 500 C flood) may legally be provided for Regulatory Classification. This final Street, SW., Washington, DC 20472, construction or acquisition of buildings rule is not a significant regulatory action (202) 646–2953. in identified SFHAs for communities under the criteria of section 3(f) of not participating in the NFIP and SUPPLEMENTARY INFORMATION: The NFIP Executive Order 12866 of September 17, identified for more than a year, on enables property owners to purchase 1993, Regulatory Planning and Review, FEMA’s initial flood insurance map of flood insurance which is generally not 58 FR 51735. the community as having flood-prone otherwise available. In return, Executive Order 13132, Federalism. areas (section 202(a) of the Flood communities agree to adopt and This rule involves no policies that have Disaster Protection Act of 1973, 42 administer local floodplain management federalism implications under Executive U.S.C. 4106(a), as amended). This aimed at protecting lives and new Order 13132. prohibition against certain types of construction from future flooding. Federal assistance becomes effective for Executive Order 12988, Civil Justice Section 1315 of the National Flood the communities listed on the date Reform. This rule meets the applicable Insurance Act of 1968, as amended, 42 shown in the last column. The standards of Executive Order 12988. U.S.C. 4022, prohibits flood insurance Administrator finds that notice and Paperwork Reduction Act. This rule coverage as authorized under the NFIP, public comment under 5 U.S.C. 553(b) does not involve any collection of 42 U.S.C. 4001 et seq.; unless an are impracticable and unnecessary information for purposes of the appropriate public body adopts because communities listed in this final Paperwork Reduction Act, 44 U.S.C. adequate floodplain management rule have been adequately notified. 3501 et seq. measures with effective enforcement Each community receives 6-month, List of Subjects in 44 CFR Part 64 measures. The communities listed in 90-day, and 30-day notification letters this document no longer meet that addressed to the Chief Executive Officer Flood insurance, Floodplains. statutory requirement for compliance stating that the community will be ■ Accordingly, 44 CFR part 64 is with program regulations, 44 CFR part suspended unless the required amended as follows: 59. Accordingly, the communities will floodplain management measures are be suspended on the effective date in met prior to the effective suspension PART 64—[AMENDED] the third column. As of that date, flood date. Since these notifications were insurance will no longer be available in made, this final rule may take effect ■ 1. The authority citation for part 64 the community. However, some of these within less than 30 days. continues to read as follows: communities may adopt and submit the National Environmental Policy Act. Authority: 42 U.S.C. 4001 et seq.; required documentation of legally This rule is categorically excluded from Reorganization Plan No. 3 of 1978, 3 CFR, enforceable floodplain management the requirements of 44 CFR part 10, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, measures after this rule is published but Environmental Considerations. No 3 CFR, 1979 Comp.; p. 376. prior to the actual suspension date. environmental impact assessment has § 64.6 [Amended] These communities will not be been prepared. suspended and will continue their Regulatory Flexibility Act. The ■ 2. The tables published under the eligibility for the sale of insurance. A Administrator has determined that this authority of § 64.6 are amended as notice withdrawing the suspension of rule is exempt from the requirements of follows:

Date certain Federal assist- State and location Community Effective date authorization/cancellation of Current effective ance no longer No. sale of flood insurance in community map date available in SFHAs

Region II New York: Barker, Village of, Niagara County ...... 360498 April 10, 1975, Emerg; May 1, 1984, Reg; Sept. 17, 2010 .. Sept. 17, 2010. September 17, 2010, Susp. Cambria, Town of, Niagara County ...... 360499 July 7, 1975, Emerg; September 30, 1983, ...... do ...... Do. Reg; September 17, 2010, Susp. Hartland, Town of, Niagara County ...... 360500 May 1, 1975, Emerg; October 7, 1983, Reg; ...... do ...... Do. September 17, 2010, Susp. Lewiston, Town of, Niagara County ...... 360502 March 27, 1974, Emerg; June 18, 1980, ...... do ...... Do. Reg; September 17, 2010, Susp. Lockport, City of, Niagara County ...... 360503 December 17, 1973, Emerg; February 4, ...... do ...... Do. 1981, Reg; September 17, 2010, Susp.

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Lockport, Town of, Niagara County ...... 361013 December 17, 1973, Emerg; September 2, ...... do ...... Do. 1981, Reg; September 17, 2010, Susp. Middleport, Village of, Niagara County 360505 April 8, 1975, Emerg; August 1, 1983, Reg; ...... do ...... Do. September 17, 2010, Susp. North Tonawanda, City of, Niagara 360508 May 14, 1975, Emerg; January 6, 1982, ...... do ...... Do. County. Reg; September 17, 2010, Susp. Pendleton, Town of, Niagara County .... 360509 April 12, 1974, Emerg; January 6, 1982, ...... do ...... Do. Reg; September 17, 2010, Susp. Porter, Town of, Niagara County ...... 360510 July 17, 1974, Emerg; August 15, 1983, ...... do ...... Do. Reg; September 17, 2010, Susp. Royalton, Town of, Niagara County ...... 360511 November 29, 1974, Emerg; July 6, 1979, ...... do ...... Do. Reg; September 17, 2010, Susp. Wheatfield, Town of, Niagara County ... 360513 July 5, 1973, Emerg; July 16, 1981, Reg; ...... do ...... Do. September 17, 2010, Susp. Youngstown, Village of, Niagara County 360515 March 30, 1973, Emerg; June 4, 1980, ...... do ...... Do. Reg; September 17, 2010, Susp. Region III Virginia: Clifton, Town of, Fairfax County ...... 510186 December 5, 1973, Emerg; May 2, 1977, ...... do ...... Do. Reg; September 17, 2010, Susp. Fairfax County, Unincorporated Areas .. 515525 June 19, 1970, Emerg; January 7, 1972, ...... do ...... Do. Reg; September 17, 2010, Susp. Gloucester County, Unincorporated 510071 March 25, 1974, Emerg; August 4, 1987, ...... do ...... Do. Areas. Reg; September 17, 2010, Susp. Herndon, Town of, Fairfax County ...... 510052 May 21, 1973, Emerg; August 1, 1979, ...... do ...... Do. Reg; September 17, 2010, Susp. Irvington, Town of, Lancaster County ... 510221 August 18, 1975, Emerg; August 4, 1987, ...... do ...... Do. Reg; September 17, 2010, Susp. Lancaster County, Unincorporated 510084 November 27, 1973, Emerg; March 4, ...... do ...... Do. Areas. 1988, Reg; September 17, 2010, Susp. Northumberland County, Unincor- 510107 October 9, 1973, Emerg; July 4, 1989, Reg; ...... do ...... Do. porated Areas. September 17, 2010, Susp. Vienna, Town of, Fairfax County ...... 510053 August 8, 1974, Emerg; February 3, 1982, ...... do ...... Do. Reg; September 17, 2010, Susp. White Stone, Town of, Lancaster Coun- 510235 August 18, 1975, Emerg; September 24, ...... do ...... Do. ty. 1984, Reg; September 17, 2010, Susp. Region IV Alabama: Aliceville, City of, Pickens County ...... 010180 February 8, 1974, Emerg; July 17, 1978, ...... do ...... Do. Reg; September 17, 2010, Susp. Ethelsville, Town of, Pickens County.... 010281 December 21, 1978, Emerg; March 18, ...... do ...... Do. 1985, Reg; September 17, 2010, Susp. Gordo, Town of, Pickens County ...... 010220 August 6, 1974, Emerg; August 15, 1978, ...... do ...... Do. Reg; September 17, 2010, Susp. Pickens County, Unincorporated Areas 010283 May 25, 1976, Emerg; June 4, 1990, Reg; ...... do ...... Do. September 17, 2010, Susp. Pickensville, Town of, Pickens County 010423 N/A, Emerg; June 6, 1996, Reg; September ...... do ...... Do. 17, 2010, Susp. Reform, Town of, Pickens County ...... 010221 July 31, 1974, Emerg; July 3, 1978, Reg; ...... do ...... Do. September 17, 2010, Susp. Georgia: Comer, City of, Madison County ...... 130211 May 12, 1975, Emerg; June 1, 1978, Reg; ...... do ...... Do. September 17, 2010, Susp. Morganton, City of, Fannin County ...... 130449 November 17, 1976, Emerg; April 2, 1986, ...... do ...... Do. Reg; September 17, 2010, Susp. Mountain City, Town of, Rabun County 130252 January 30, 1980, Emerg; July 9, 1982, ...... do ...... Do. Reg; September 17, 2010, Susp. Randolph County, Unincorporated 130553 May 16, 1997, Emerg; September 17, 2010, ...... do ...... Do. Areas. Reg; September 17, 2010, Susp. Kentucky: Hustonville, City of, Lincoln County ...... 210144 August 26, 1975, Emerg; September 27, ...... do ...... Do. 1985, Reg; September 17, 2010, Susp. Stanford, City of, Lincoln County ...... 210145 February 26, 1975, Emerg; September 27, ...... do ...... Do. 1985, Reg; September 17, 2010, Susp. Mississippi: Alcorn County, Unincorporated Areas ... 280267 N/A, Emerg; February 27, 1992, Reg; Sep- ...... do ...... Do. tember 17, 2010, Susp. Coffeeville, Town of, Yalobusha County 280186 April 8, 1975, Emerg; September 4, 1986, ...... do ...... Do. Reg; September 17, 2010, Susp.

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Corinth, City of, Alcorn County...... 280002 July 26, 1974, Emerg; March 16, 1981, ...... do ...... Do. Reg; September 17, 2010, Susp. Duck Hill, Town of, Montgomery County 280118 June 23, 1975, Emerg; April 2, 1986, Reg; ...... do ...... Do. September 17, 2010, Susp. Louisville, City of, Winston County ...... 280185 February 11, 1974, Emerg; June 15, 1978, ...... do ...... Do. Reg; September 17, 2010, Susp. Montgomery County, Unincorporated 280212 April 11, 1974, Emerg; September 1, 1987, ...... do ...... Do. Areas. Reg; September 17, 2010, Susp. Rienzi, Town of, Alcorn County ...... 280322 October 30, 2006, Emerg; September 17, ...... do ...... Do. 2010, Reg; September 17, 2010, Susp. Water Valley, City of, Yalobusha Coun- 280187 December 5, 1974, Emerg; September 27, ...... do ...... Do. ty. 1985, Reg; September 17, 2010, Susp. Winona, City of, Montgomery County ... 280119 February 18, 1975, Emerg; July 2, 1987, ...... do ...... Do. Reg; September 17, 2010, Susp. Winston County, Unincorporated Areas 280308 December 21, 1978, Emerg; August 19, ...... do ...... Do. 1985, Reg; September 17, 2010, Susp. Tennessee: Ashland City, Town of, Cheatham 470027 March 10, 1975, Emerg; April 1, 1981, Reg; ...... do ...... Do. County. September 17, 2010, Susp. Cheatham County, Unincorporated 470026 September 27, 1974, Emerg; May 19, 1981, ...... do ...... Do. Areas. Reg; September 17, 2010, Susp. Decatur, Town of, Meigs County...... 470134 March 27, 1975, Emerg; June 3, 1986, ...... do ...... Do. Reg; September 17, 2010, Susp. Kingston Springs, Town of, Cheatham 470289 June 11, 1984, Emerg; June 11, 1984, Reg; ...... do ...... Do. County. September 17, 2010, Susp. Pegram, Town of, Cheatham County .... 470291 April 9, 1987, Emerg; April 9, 1987, Reg; ...... do ...... Do. September 17, 2010, Susp. Region V Illinois: Bonnie, Village of, Jefferson County ..... 170306 September 10, 1975, Emerg; August 19, ...... do ...... Do. 1985, Reg; September 17, 2010, Susp. East Dubuque, City of, Jo Daviess 170752 June 25, 1975, Emerg; October 18, 1983, ...... do ...... Do. County. Reg; September 17, 2010, Susp. Galena, City of, Jo Daviess County ...... 175168 August 27, 1971, Emerg; July 20, 1973, ...... do ...... Do. Reg; September 17, 2010, Susp. Hanover, Village of, Jo Daviess County 170755 July 21, 1975, Emerg; May 4, 1989, Reg; ...... do ...... Do. September 17, 2010, Susp. Ina, Village of, Jefferson County ...... 170307 March 2, 1976, Emerg; May 25, 1984, Reg; ...... do ...... Do. September 17, 2010, Susp. Jefferson County, Unincorporated 170305 October 31, 2000, Emerg; September 17, ...... do ...... Do. Areas. 2010, Reg; September 17, 2010, Susp. Jo Daviess County, Unincorporated 170902 April 19, 1979, Emerg; January 18, 1984, ...... do ...... Do. Areas. Reg; September 17, 2010, Susp. Mount Vernon, City of, Jefferson Coun- 170308 September 30, 1974, Emerg; February 15, ...... do ...... Do. ty. 1984, Reg; September 17, 2010, Susp. Peoria Heights, Village of, Peoria, 170537 October 13, 1972, Emerg; November 1, ...... do ...... Do. Tazewell, and Woodford Counties. 1979, Reg; September 17, 2010, Susp. Roanoke, Village of, Woodford County 170727 June 17, 1975, Emerg; September 4, 1987, ...... do ...... Do. Reg; September 17, 2010, Susp. Spring Bay, Village of, Woodford Coun- 170887 August 26, 1977, Emerg; June 4, 1980, ...... do ...... Do. ty. Reg; September 17, 2010, Susp. Washburn, Village of, Marshall and 170728 January 27, 1975, Emerg; July 2, 1987, ...... do ...... Do. Woodford Counties. Reg; September 17, 2010, Susp. Woodford County, Unincorporated 170730 September 7, 1973, Emerg; February 1, ...... do ...... Do. Areas. 1984, Reg; September 17, 2010, Susp. Michigan: Bangor, Township of, Bay County ...... 260019 March 30, 1973, Emerg; July 2, 1979, Reg; ...... do ...... Do. September 17, 2010, Susp. Bay City, City of, Bay County ...... 260020 March 30, 1973, Emerg; September 1, ...... do ...... Do. 1978, Reg; September 17, 2010, Susp. Essexville, City of, Bay County...... 260021 March 30, 1973, Emerg; September 1, ...... do ...... Do. 1978, Reg; September 17, 2010, Susp. Fraser, Township of, Bay County ...... 260657 November 13, 1981, Emerg; November 13, ...... do ...... Do. 1981, Reg; September 17, 2010, Susp. Hampton, Township of, Bay County ..... 260023 March 30, 1973, Emerg; August 1, 1978, ...... do ...... Do. Reg; September 17, 2010, Susp. Kawkawlin, Township of, Bay County... 260658 January 29, 1979, Emerg; February 1, ...... do ...... Do. 1979, Reg; September 17, 2010, Susp. Monitor, Township of, Bay County ...... 260358 July 21, 1982, Emerg; August 19, 1985, ...... do ...... Do. Reg; September 17, 2010, Susp.

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Pinconning, City of, Bay County ...... 260607 March 17, 1975, Emerg; August 3, 1981, ...... do ...... Do. Reg; September 17, 2010, Susp. Pinconning, Township of, Bay County.. 260025 March 30, 1973, Emerg; September 1, ...... do ...... Do. 1978, Reg; September 17, 2010, Susp. Region VII Missouri: Bolivar, City of, Polk County ...... 290299 July 24, 1975, Emerg; June 15, 1988, Reg; ...... do ...... Do. September 17, 2010, Susp. Marshfield, City of, Webster County ..... 290685 June 13, 1975, Emerg; September 10, ...... do ...... Do. 1984, Reg; September 17, 2010, Susp. Seymour, City of, Webster County ...... 290933 N/A, Emerg; February 11, 2005, Reg; Sep- ...... do ...... Do. tember 17, 2010, Susp. Webster County, Unincorporated Areas 290848 N/A, Emerg; April 14, 2003, Reg; Sep- ...... do ...... Do. tember 17, 2010, Susp. Region X Oregon: Astoria, City of, Clatsop County ...... 410028 October 16, 1974, Emerg; August 1, 1978, ...... do ...... Do. Reg; September 17, 2010, Susp. Cannon Beach, City of, Clatsop County 410029 March 6, 1974, Emerg; September 1, 1978, ...... do ...... Do. Reg; September 17, 2010, Susp. Clatsop County, Unincorporated Areas 410027 February 7, 1974, Emerg; July 3, 1978, ...... do ...... Do. Reg; September 17, 2010, Susp. Gearhart, City of, Clatsop County ...... 410030 April 11, 1974, Emerg; May 15, 1978, Reg; ...... do ...... Do. September 17, 2010, Susp. Seaside, City of, Clatsop County...... 410032 March 25, 1974, Emerg; September 5, ...... do ...... Do. 1979, Reg; September 17, 2010, Susp. Warrenton, City of, Clatsop County ...... 410033 July 16, 1975, Emerg; May 15, 1978, Reg; ...... do ...... Do. September 17, 2010, Susp. * do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: August 19, 2010. program. If the Federal Emergency Section 1315 of the National Flood Sandra K. Knight, Management Agency (FEMA) receives Insurance Act of 1968, as amended, 42 Deputy Federal Insurance and Mitigation documentation that the community has U.S.C. 4022, prohibits flood insurance Administrator, Mitigation. adopted the required floodplain coverage as authorized under the NFIP, [FR Doc. 2010–21594 Filed 8–27–10; 8:45 am] management measures prior to the 42 U.S.C. 4001 et seq.; unless an BILLING CODE 9110–12–P effective suspension date given in this appropriate public body adopts rule, the suspension will not occur and adequate floodplain management a notice of this will be provided by measures with effective enforcement DEPARTMENT OF HOMELAND publication in the Federal Register on a measures. The communities listed in SECURITY subsequent date. this document no longer meet that DATES: Effective Dates: The effective statutory requirement for compliance Federal Emergency Management date of each community’s scheduled with program regulations, 44 CFR part Agency suspension is the third date (‘‘Susp.’’) 59. Accordingly, the communities will listed in the third column of the be suspended on the effective date in 44 CFR Part 64 following tables. the third column. As of that date, flood [Docket ID FEMA–2010–0003; Internal FOR FURTHER INFORMATION CONTACT: If insurance will no longer be available in Agency Docket No. FEMA–8143] you want to determine whether a the community. However, some of these particular community was suspended communities may adopt and submit the Suspension of Community Eligibility on the suspension date or for further required documentation of legally enforceable floodplain management AGENCY: Federal Emergency information, contact David Stearrett, Management Agency, DHS. Mitigation Directorate, Federal measures after this rule is published but Emergency Management Agency, 500 C prior to the actual suspension date. ACTION: Final rule. Street, SW., Washington, DC 20472, These communities will not be SUMMARY: This rule identifies (202) 646–2953. suspended and will continue their communities, where the sale of flood SUPPLEMENTARY INFORMATION: The NFIP eligibility for the sale of insurance. A insurance has been authorized under enables property owners to purchase notice withdrawing the suspension of the National Flood Insurance Program flood insurance which is generally not the communities will be published in (NFIP), that are scheduled for otherwise available. In return, the Federal Register. suspension on the effective dates listed communities agree to adopt and In addition, FEMA has identified the within this rule because of administer local floodplain management Special Flood Hazard Areas (SFHAs) in noncompliance with the floodplain aimed at protecting lives and new these communities by publishing a management requirements of the construction from future flooding. Flood Insurance Rate Map (FIRM). The

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date of the FIRM, if one has been met prior to the effective suspension Executive Order 13132, Federalism. published, is indicated in the fourth date. Since these notifications were This rule involves no policies that have column of the table. No direct Federal made, this final rule may take effect federalism implications under Executive financial assistance (except assistance within less than 30 days. Order 13132. pursuant to the Robert T. Stafford National Environmental Policy Act. Executive Order 12988, Civil Justice Disaster Relief and Emergency This rule is categorically excluded from Reform. This rule meets the applicable Assistance Act not in connection with a the requirements of 44 CFR part 10, standards of Executive Order 12988. flood) may legally be provided for Environmental Considerations. No Paperwork Reduction Act. This rule construction or acquisition of buildings environmental impact assessment has does not involve any collection of in identified SFHAs for communities been prepared. not participating in the NFIP and Regulatory Flexibility Act. The information for purposes of the identified for more than a year, on Administrator has determined that this Paperwork Reduction Act, 44 U.S.C. FEMA’s initial flood insurance map of rule is exempt from the requirements of 3501 et seq. the community as having flood-prone the Regulatory Flexibility Act because List of Subjects in 44 CFR Part 64 areas (section 202(a) of the Flood the National Flood Insurance Act of Disaster Protection Act of 1973, 42 1968, as amended, 42 U.S.C. 4022, Flood insurance, Floodplains. U.S.C. 4106(a), as amended). This prohibits flood insurance coverage ■ Accordingly, 44 CFR part 64 is prohibition against certain types of unless an appropriate public body amended as follows: Federal assistance becomes effective for adopts adequate floodplain management the communities listed on the date measures with effective enforcement PART 64—[AMENDED] shown in the last column. The measures. The communities listed no Administrator finds that notice and longer comply with the statutory ■ 1. The authority citation for part 64 public comment under 5 U.S.C. 553(b) requirements, and after the effective continues to read as follows: are impracticable and unnecessary date, flood insurance will no longer be Authority: 42 U.S.C. 4001 et seq.; because communities listed in this final available in the communities unless Reorganization Plan No. 3 of 1978, 3 CFR, rule have been adequately notified. remedial action takes place. 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, Each community receives 6-month, Regulatory Classification. This final 3 CFR, 1979 Comp.; p. 376. 90-day, and 30-day notification letters rule is not a significant regulatory action addressed to the Chief Executive Officer under the criteria of section 3(f) of § 64.6 [Amended] stating that the community will be Executive Order 12866 of September 30, ■ 2. The tables published under the suspended unless the required 1993, Regulatory Planning and Review, authority of § 64.6 are amended as floodplain management measures are 58 FR 51735. follows:

Region III West Virginia: Ansted, Town of, Fayette County ...... 540027 June 10, 1975, Emerg; October 30, 1981, Sept. 3, 2010 .... Sept. 3, 2010. Reg; September 3, 2010, Susp. Gauley Bridge, Town of, Fayette Coun- 540294 September 22, 1989, Emerg; September ...... do ...... Do. ty. 18, 1991, Reg; September 3, 2010, Susp. Fayette County, Unincorporated Areas 540026 April 16, 1975, Emerg; March 4, 1988, Reg; ...... do ...... Do. September 3, 2010, Susp. Meadow Bridge, Town of, Fayette 540028 October 1, 1975, Emerg; January 2, 1991, ...... do ...... Do. County. Reg; September 3, 2010, Susp. Montgomery, City of, Fayette and 540029 July 2, 1975, Emerg; June 1, 1982, Reg; ...... do ...... Do. Kahawha Counties. September 3, 2010, Susp. Mount Hope, City of, Fayette County .... 540280 October 30, 1974, Emerg; August 10, 1979, ...... do ...... Do. Reg; September 3, 2010, Susp. Oak Hill, City of, Fayette County ...... 540031 October 24, 1974, Emerg; January 18, ...... do ...... Do. 1980, Reg; September 3, 2010, Susp. Pax, Town of, Fayette County ...... 540032 July 8, 1975, Emerg; August 10, 1979, Reg; ...... do ...... Do. September 3, 2010, Susp. Smithers, Town of, Fayette County ...... 540033 June 12, 1975, Emerg; April 15, 1982, Reg; ...... do ...... Do. September 3, 2010, Susp. Region IV Alabama: Butler, City of, Choctaw County ...... 010033 August 7, 1975, Emerg; July 5, 1982, Reg; ...... do ...... Do. September 3, 2010, Susp. Choctaw County, Unincorporated Areas 010310 September 25, 1974, Emerg; September ...... do ...... Do. 30, 1988, Reg; September 3, 2010, Susp. Gilbertown, Town of, Choctaw County.. 010034 January 29, 1979, Emerg; July 3, 1986, ...... do ...... Do. Reg; September 3, 2010, Susp. Hueytown, City of, Jefferson County ..... 010337 April 22, 1975, Emerg; January 2, 1981, ...... do ...... Do. Reg; September 3, 2010, Susp. Lipscomb, City of, Jefferson County ..... 010126 July 25, 1975, Emerg; January 2, 1981, ...... do ...... Do. Reg; September 3, 2010, Susp.

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Pennington, Town of, Choctaw County 010035 July 16, 1979, Emerg; September 18, 1985, ...... do ...... Do. Reg; September 3, 2010, Susp. Silas, Town of, Choctaw County ...... 010036 N/A, Emerg; February 27, 2006, Reg; Sep- ...... do ...... Do. tember 3, 2010, Susp. Georgia: Stewart County, Unincorporated 130393 September 8, 1986, Emerg; July 1, 1987, ...... do ...... Do. Areas. Reg; September 3, 2010, Susp. Mississippi: New Albany, Town of, Union County .... 280174 March 25, 1975, Emerg; September 4, ...... do ...... Do. 1985, Reg; September 3, 2010, Susp. Union County, Unincorporated Areas ... 280237 December 3, 2007, Emerg; September 3, ...... do ...... Do. 2010, Reg; September 3, 2010, Susp. Tennessee: Byrdstown, City of, Pickett County ...... 470147 February 12, 1976, Emerg; July 3, 1986, ...... do ...... Do. Reg; September 3, 2010, Susp. Pickett County, Unincorporated Areas .. 470384 November 17, 1994, Emerg; February 1, ...... do ...... Do. 2006, Reg; September 3, 2010, Susp. Region VI Louisiana: Basile, Town of, Evangeline Parish ...... 220065 January 22, 1976, Emerg; January 15, ...... do ...... Do. 1988, Reg; September 3, 2010, Susp. Evangeline Parish, Unincorporated 220064 January 12, 1976, Emerg; August 1, 1988, ...... do ...... Do. Areas. Reg; September 3, 2010, Susp. Mamou, Town of, Evangeline Parish .... 220067 September 13, 1974, Emerg; November 1, ...... do ...... Do. 1985, Reg; September 3, 2010, Susp. Pine Prairie, Village of, Evangeline Par- 220068 July 8, 1975, Emerg; June 25, 1976, Reg; ...... do ...... Do. ish. September 3, 2010, Susp. Turkey Creek, Village of, Evangeline 220069 August 11, 2008, Emerg; September 1, ...... do ...... Do. Parish. 2008, Reg; September 3, 2010, Susp. Ville Platte, City of, Evangeline Parish .. 220070 April 13, 1976, Emerg; October 15, 1985, ...... do ...... Do. Reg; September 3, 2010, Susp. Oklahoma: Bethel Acres, Town of, Pottawatomie 400346 June 16, 1989, Emerg; December 1, 1989, ...... do ...... Do. County. Reg; September 3, 2010, Susp. Brooksville, City of, Pottawatomie 400469 September 19, 1979, Emerg; August 19, ...... do ...... Do. County. 1985, Reg; September 3, 2010, Susp. Kickapoo Tribal Lands, Pottawatomie 400563 February 26, 2002, Emerg; September 3, ...... do ...... Do. County. 2010, Reg; September 3, 2010, Susp. McLoud, Town of, Pottawatomie County 400398 December 27, 1977, Emerg; October 16, ...... do ...... Do. 1987, Reg; September 3, 2010, Susp. Pottawatomie County, Unincorporated 400496 March 26, 1984, Emerg; June 1, 1988, ...... do ...... Do. Areas. Reg; September 3, 2010, Susp. Shawnee, City of, Pottawatomie County 400178 April 2, 1975, Emerg; July 2, 1980, Reg; ...... do ...... Do. September 3, 2010, Susp. Tecumseh, City of, Pottawatomie Coun- 400179 February 10, 1975, Emerg; July 16, 1980, ...... do ...... Do. ty. Reg; September 3, 2010, Susp. Texas: Austin County, Unincorporated Areas ... 480704 November 21, 1975, Emerg; January 17, ...... do ...... Do. 1990, Reg; September 3, 2010, Susp. Bellville, City of, Austin County ...... 481095 N/A, Emerg; June 17, 1998, Reg; Sep- ...... do ...... Do. tember 3, 2010, Susp. Brazos Country, City of, Austin County 481693 N/A, Emerg; December 18, 2001, Reg; ...... do ...... Do. September 3, 2010, Susp. Corrigan, City of, Polk County ...... 480527 January 26, 1978, Emerg; April 20, 1982, ...... do ...... Do. Reg; September 3, 2010, Susp. Goodrich, City of, Polk County ...... 481070 November 12, 1980, Emerg; June 19, 1985, ...... do ...... Do. Reg; September 3, 2010, Susp. Livingston, City of, Polk County ...... 480528 May 21, 1975, Emerg; September 1, 1987, ...... do ...... Do. Reg; September 3, 2010, Susp. Onalaska, City of, Polk County ...... 480974 November 6, 1996, Emerg; November 1, ...... do ...... Do. 2007, Reg; September 3, 2010, Susp. Polk County, Unincorporated Areas ...... 480526 September 5, 1990, Emerg; March 1, 1991, ...... do ...... Do. Reg; September 3, 2010, Susp. San Felipe, Town of, Austin County ..... 480705 April 7, 1976, Emerg; January 3, 1986, ...... do ...... Do. Reg; September 3, 2010, Susp. Wood County, Unincorporated Areas ... 481055 February 21, 2001, Emerg; August 1, 2008, ...... do ...... Do. Reg; September 3, 2010, Susp. Yantis, City of, Wood County ...... 481167 December 29, 1980, Emerg; October 26, ...... do ...... Do. 1982, Reg; September 3, 2010, Susp.

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Region IX Arizona: Yavapai County, Unincorporated 040093 January 31, 1975, Emerg; September 18, ...... do ...... Do. Areas. 1985, Reg; September 3, 2010, Susp. Region X Oregon: Adams, City of, Umatilla County ...... 410205 February 12, 1976, Emerg; May 15, 1984, ...... do ...... Do. Reg; September 3, 2010, Susp. Athena, City of, Umatilla County ...... 410206 June 4, 1975, Emerg; July 16, 1984, Reg; ...... do ...... Do. September 3, 2010, Susp. Echo, City of, Umatilla County ...... 410207 April 15, 1975, Emerg; May 15, 1984, Reg; ...... do ...... Do. September 3, 2010, Susp. Helix, City of, Umatilla County ...... 410208 January 13, 1976, Emerg; June 1, 1984, ...... do ...... Do. Reg; September 3, 2010, Susp. Hermiston, City of, Umatilla County ...... 410209 November 7, 1974, Emerg; October 28, ...... do ...... Do. 1977, Reg; September 3, 2010, Susp. Milton-Freewater, City of, Umatilla 410210 April 16, 1975, Emerg; September 12, ...... do ...... Do. County. 1978, Reg; September 3, 2010, Susp. Pendleton, City of, Umatilla County ...... 410211 March 3, 1972, Emerg; July 13, 1976, Reg; ...... do ...... Do. September 3, 2010, Susp. Pilot Rock, City of, Umatilla County ...... 410212 July 5, 1974, Emerg; August 4, 1988, Reg; ...... do ...... Do. September 3, 2010, Susp. Stanfield, City of, Umatilla County ...... 410213 October 2, 1974, Emerg; August 15, 1984, ...... do ...... Do. Reg; September 3, 2010, Susp. Ukiah, City of, Umatilla County ...... 410279 August 25, 1975, Emerg; September 24, ...... do ...... Do. 1984, Reg; September 3, 2010, Susp. Umatilla, City of, Umatilla County ...... 410214 February 6, 1975, Emerg; September 24, ...... do ...... Do. 1984, Reg; September 3, 2010, Susp. Umatilla County, Unincorporated Areas 410204 February 4, 1972, Emerg; June 15, 1978, ...... do ...... Do. Reg; September 3, 2010, Susp. Weston, City of, Umatilla County ...... 410215 August 8, 1975, Emerg; September 18, ...... do ...... Do. 1987, Reg; September 3, 2010, Susp. *do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: August 16, 2010. already in effect in order to qualify or elevations have been published in Sandra K. Knight, remain qualified for participation in the newspapers of local circulation and Deputy Federal Insurance and Mitigation National Flood Insurance Program ninety (90) days have elapsed since that Administrator, Mitigation. (NFIP). publication. The Deputy Federal [FR Doc. 2010–21597 Filed 8–27–10; 8:45 am] DATES: The date of issuance of the Flood Insurance and Mitigation Administrator BILLING CODE 9110–12–P Insurance Rate Map (FIRM) showing has resolved any appeals resulting from BFEs and modified BFEs for each this notification. community. This date may be obtained This final rule is issued in accordance DEPARTMENT OF HOMELAND by contacting the office where the maps with section 110 of the Flood Disaster SECURITY are available for inspection as indicated Protection Act of 1973, 42 U.S.C. 4104, in the table below. and 44 CFR part 67. FEMA has Federal Emergency Management developed criteria for floodplain ADDRESSES: The final BFEs for each Agency management in floodprone areas in community are available for inspection accordance with 44 CFR part 60. at the office of the Chief Executive 44 CFR Part 67 Interested lessees and owners of real Officer of each community. The property are encouraged to review the [Docket ID FEMA–2010–0003] respective addresses are listed in the proof Flood Insurance Study and FIRM table below. Final Flood Elevation Determinations available at the address cited below for FOR FURTHER INFORMATION CONTACT: Roy each community. The BFEs and AGENCY: Federal Emergency E. Wright, Deputy Director, Risk modified BFEs are made final in the Management Agency, DHS. Analysis Division, Federal Insurance communities listed below. Elevations at and Mitigation Administration, Federal ACTION: Final rule. selected locations in each community Emergency Management Agency, 500 C are shown. SUMMARY: Base (1% annual-chance) Street, SW., Washington, DC 20472, National Environmental Policy Act. Flood Elevations (BFEs) and modified (202) 646–2820, or (e-mail) This final rule is categorically excluded BFEs are made final for the [email protected]. from the requirements of 44 CFR part communities listed below. The BFEs SUPPLEMENTARY INFORMATION: The 10, Environmental Consideration. An and modified BFEs are the basis for the Federal Emergency Management Agency environmental impact assessment has floodplain management measures that (FEMA) makes the final determinations not been prepared. each community is required either to listed below for the modified BFEs for Regulatory Flexibility Act. As flood adopt or to show evidence of being each community listed. These modified elevation determinations are not within

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the scope of the Regulatory Flexibility Executive Order 12988, Civil Justice PART 67—[AMENDED] Act, 5 U.S.C. 601–612, a regulatory Reform. This final rule meets the ■ flexibility analysis is not required. applicable standards of Executive Order 1. The authority citation for part 67 Regulatory Classification. This final 12988. continues to read as follows: rule is not a significant regulatory action Authority: 42 U.S.C. 4001 et seq.; under the criteria of section 3(f) of List of Subjects in 44 CFR Part 67 Reorganization Plan No. 3 of 1978, 3 CFR, Executive Order 12866 of September 30, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 1993, Regulatory Planning and Review, Administrative practice and 3 CFR, 1979 Comp., p. 376. 58 FR 51735. procedure, Flood insurance, Reporting § 67.11 [Amended] Executive Order 13132, Federalism. and recordkeeping requirements. This final rule involves no policies that ■ Accordingly, 44 CFR part 67 is ■ 2. The tables published under the have federalism implications under amended as follows: authority of § 67.11 are amended as Executive Order 13132. follows:

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

Jefferson County, Alabama, and Incorporated Areas Docket Nos.: FEMA–B–1022 and FEMA–B–1051

Dry Creek ...... Approximately 630 feet upstream of Navajo Trail North- +722 City of Center Point, Unin- east. corporated Areas of Jeffer- son County. Just upstream of Chalkville Mountain Road ...... +958 Griffin Brook ...... Approximately 800 feet upstream of Lakeshore Drive ...... +631 City of Homewood, Unincor- porated Areas of Jefferson County. Approximately 90 feet upstream of Montgomery Highway +788 Huckleberry Branch ...... Approximately 200 feet downstream of Tyler Road ...... +514 City of Hoover, City of Vestavia Hills, Unincor- porated Areas of Jefferson County. Approximately 1,500 feet upstream of Mountain Oaks +814 Drive. Little Shades Creek (Cahaba Approximately 930 feet upstream of Loch Haven Drive ..... +432 City of Hoover, City of Moun- Basin). tain Brook, City of Vestavia Hills, Unincor- porated Areas of Jefferson County. Just upstream of Pipe Line Road ...... +626 Little Shades Creek (Shades Just downstream Wenonah Oxmoor Road ...... +514 City of Bessemer, City of Bir- Creek). mingham, Unincorporated Areas of Jefferson County. Approximately 2.3 miles downstream of Alabama Highway +632 150. Patton Creek ...... Approximately 0.6 mile downstream of Alabama Highway +423 City of Hoover, City of 150. Vestavia Hills, Unincor- porated Areas of Jefferson County. Approximately 310 feet downstream of West Ridge Drive +533 Pinchgut Creek ...... Approximately 0.7 mile downstream of Watterson Park- +691 City of Birmingham, City of way. Trussville, Unincorporated Areas of Jefferson County. Approximately 2.0 miles upstream of Gadsden Highway ... +846 Turkey Creek ...... Approximately 0.7 mile downstream of Old Bradford Road +565 City of Center Point, City of Clay, City of Pinson, Unin- corporated Areas of Jeffer- son County. Approximately 950 feet upstream of Eagle Ridge Drive .... +885 Unnamed Creek 9 ...... Just downstream of Alabama Highway 151 ...... +590 City of Center Point, Unin- corporated Areas of Jeffer- son County. Just downstream of Pinson Heights Road ...... +631 Unnamed Creek 10 ...... Approximately 515 feet downstream of Main Street ...... +607 City of Center Point, City of Pinson, Unincorporated Areas of Jefferson County. Approximately 90 feet downstream of Houston Road ...... +667

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

Unnamed Creek 11 ...... Just upstream of Center Point Road ...... +626 City of Center Point, City of Pinson, Unincorporated Areas of Jefferson County. Approximately 1,610 feet upstream of Green Crest Drive +692 Valley Creek ...... Approximately 0.5 mile downstream of Power Plant Road +431 City of Bessemer, Unincor- porated Areas of Jefferson County. Approximately 0.5 mile upstream of Power Plant Road ..... +440

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Bessemer Maps are available for inspection at 1800 3rd Avenue, North, Bessemer, AL 35020. City of Birmingham Maps are available for inspection at 710 20th Street, North, Birmingham, AL 35203. City of Center Point Maps are available for inspection at 2209 Center Point Parkway, Center Point, AL 35215. City of Clay Maps are available for inspection at 6757 Old Springville Road, Pinson, AL 35126. City of Homewood Maps are available for inspection at 1903 29th Avenue South, Birmingham, AL 35209. City of Hoover Maps are available for inspection at 100 Municipal Drive, Hoover, AL 35236. City of Mountain Brook Maps are available for inspection at 56 Church Street, Mountain Brook, AL 35213. City of Pinson Maps are available for inspection at 4410 Main Street, Pinson, AL 35126. City of Trussville Maps are available for inspection at 131 Main Street, Trussville, AL 35173. City of Vestavia Hills Maps are available for inspection at 513 Montgomery Highway, Vestavia Hills, AL 35085. Unincorporated Areas of Jefferson County Maps are available for inspection at 716 Richard Arrington, Jr. Boulevard North, Room 260, Birmingham, AL 35203.

Coconino County, Arizona, and Incorporated Areas Docket No.: FEMA–B–1053

Bow and Arrow Wash ...... Approximately 50 feet downstream of South Lone Tree +6,878 City of Flagstaff. Road. Approximately 1,800 feet upstream of Lake Mary Road .... +6,949 Peak View Wash ...... At the confluence with the Rio de Flag ...... +7,113 City of Flagstaff. Approximately 125 feet upstream of Lois Lane ...... +7,123 Rio de Flag ...... At Rio Rancho Road ...... +6,521 City of Flagstaff, Unincor- porated Areas of Coconino County. Approximately 150 feet downstream of Route 66 ...... +6,758 At the Narrows Dam ...... +7,087 Approximately 565 feet downstream of Hidden Hollow +7,148 Road. Schultz Creek ...... Approximately 175 feet upstream of North Fort Valley +7,006 City of Flagstaff, Unincor- Road. porated Areas of Coconino County. Approximately 0.57 mile upstream of Mary Russel Way .... +7,140 Schultz Creek Ponding ...... Approximately 50 feet upstream of the confluence with the #1 City of Flagstaff, Unincor- Rio de Flag. porated Areas of Coconino County. Approximately 175 feet upstream of North Fort Valley #1 Road. Switzer Canyon Wash ...... Approximately 50 feet upstream of the upstream end of +6,869 City of Flagstaff, Unincor- the East Route 66 Culvert. porated Areas of Coconino County.

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

Approximately 0.42 mile upstream of Elk Drive ...... +7,030

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Flagstaff Maps are available for inspection at Flagstaff City Hall, 211 West Aspen Avenue, Flagstaff, AZ 86001. Unincorporated Areas of Coconino County Maps are available for inspection at the Coconino County Department of Community Development, 2500 North Fort Valley Road, Building 1, Flagstaff, AZ 86001.

Evangeline Parish, Louisiana, and Incorporated Areas Docket No.: FEMA–B–1038

Bayou Barwick Tributary ...... At the intersection of Bayou Barwick Tributary and Stagg +44 Unincorporated Areas of Road. Evangeline Parish. At the intersection of Bayou Barwick Tributary and High- +44 way 190. Bayou Joe Marcel Tributary #1 At Alton Locks Street ...... +67 City of Ville Platte. At Te Mamou Road ...... +67 Bayou Joe Marcel Tributary #2 Approximately 522 feet upstream of Main Street (Base +73 City of Ville Platte. Flood Elevations extend to Bayou Joe Marcel Tributary #3). At Ortego Street (Base Flood Elevations extend to Bayou +74 Joe Marcel Tributary #3). Bayou Joe Marcel Tributary #3 Approximately 1,054 feet downstream of Reed Street +72 City of Ville Platte. (Base Flood Elevations extend to Bayou Joe Marcel Tributary #2). Approximately 197 feet downstream of Reed Street (Base +74 Flood Elevations extend to Bayou Joe Marcel Tributary #2).

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Ville Platte Maps are available for inspection at P.O. Box 390, Ville Platte, LA 70586. Unincorporated Areas of Evangeline Parish Maps are available for inspection at 200 Court Street, Suite 207, Ville Platte, LA 70586.

Pottawatomie County, Oklahoma, and Incorporated Areas Docket No.: FEMA–B–1024

Tributary #1 to Rock Creek ...... At the confluence with Rock Creek ...... +974 City of Shawnee. Approximately 1,565 feet upstream of Kickapoo Street ..... +986 Tributary #1 to Tributary #2 to Approximately 500 feet downstream of Union Street ...... +989 City of Shawnee. Rock Creek. At 45th Street ...... +1,021

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Shawnee Maps are available for inspection at the Pottawatomie County Courthouse, 325 North Broadway, Shawnee, OK 74801.

Umatilla County, Oregon, and Incorporated Areas Docket Number: FEMA–B–1049

Iskuupla Creek ...... At the confluence with the Umatilla River ...... +1,690 Umatilla Indian Reservation. Approximately 1.0 mile upstream of Bingham Road ...... +1,779

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

Iskuupla Creek left bank split ... Approximately 3,000 feet west along Bingham Road from +1,682 Umatilla Indian Reservation. Iskuupla Creek. At the divergence from Iskuupla Creek ...... +1,707 Meacham Creek ...... At the confluence with the Umatilla River ...... +1,762 Umatilla Indian Reservation. Just downstream of Meacham Creek Road Bridge and +1,819 Railroad Bridge. Umatilla River ...... Just upstream of State Highway 11 Bridge ...... +1,111 City of Pendleton, Umatilla Indian Reservation, Unin- corporated Areas of Umatilla County. Approximately 700 feet downstream of the confluence +1,908 with Ryan Creek. Walla Walla River ...... At Southeast 17th Avenue ...... #1 City of Milton-Freewater, Un- incorporated Areas of Umatilla County. At Northeast 15th Avenue ...... #1 Wildhorse Creek ...... At Range Line 32E/33E ...... +1,142 Unincorporated Areas of Umatilla County. At Township Line 2N/3N ...... +1,154

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Milton-Freewater Maps are available for inspection at 722 South Main Street, Milton-Freewater, OR 97862. City of Pendleton Maps are available for inspection at 500 Southwest Dorion Avenue, Pendleton, OR 97801. Umatilla Indian Reservation Maps are available for inspection at 73239 Confederated Way, Pendleton, OR 97801. Unincorporated Areas of Umatilla County Maps are available for inspection at 216 Southeast 4th Street, Pendleton, OR 97801.

Fayette County, West Virginia, and Incorporated Areas Docket No.: FEMA–B–1061

Smithers Creek ...... Approximately 700 feet downstream of Carbondale Road +640 Unincorporated Areas of Fayette County. Approximately 550 feet upstream of Carbondale Road ..... +651

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Fayette County Maps are available for inspection at the Fayette County Building, Safety Department, 100 Court Street, Fayetteville, WV 25840.

(Catalog of Federal Domestic Assistance No. FEDERAL COMMUNICATIONS SUMMARY: The Audio Division, at the 97.022, ‘‘Flood Insurance.’’) COMMISSION request of Prescott Valley Radio Dated: August 19, 2010. Broadcasting Company, Inc., substitutes 47 CFR Part 73 Sandra K. Knight, FM Channel 247B for Channel 239B at Blythe, California. Channel 247B can be Deputy Federal Insurance and Mitigation [MB Docket No. 08–151, RM–11476, DA 10– Administrator, Mitigation, Department of 1519] allotted at Blythe, consistent with the Homeland Security, Federal Emergency minimum distance separation Management Agency. Radio Broadcasting Services; Blythe, requirements of the Commission’s rules, CA [FR Doc. 2010–21595 Filed 8–27–10; 8:45 am] at coordinates 33–37–02 NL and 114– 35–20 WL, with a site restriction of 1.0 BILLING CODE 9110–12–P AGENCY: Federal Communications Commission. km (.61 miles) northeast of the community. The Government of Mexico ACTION: Final rule. has conveyed its concurrence in the

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allotment of FM Channel 247B at § 73.202 [Amended] overview of the migratory bird hunting Blythe, California. Concurrently with ■ 2. Section 73.202(b), the Table of FM regulations process, and addressed the release of the Report and Order, Allotments under California, is establishment of seasons, limits, and petitioner’s minor change application amended by removing Channel 239B other regulations for hunting migratory for FM Station KPKR (File No. BPH– and adding Channel 247B at Blythe. game birds under §§ 20.101 through 20080418AAU) was granted, contingent [FR Doc. 2010–21560 Filed 8–27–10; 8:45 am] 20.107, 20.109, and 20.110 of subpart K. Major steps in the 2010–11 regulatory on the receipt of Mexican concurrence BILLING CODE 6712–01–P in the operation of FM Channel 239C3 cycle relating to open public meetings at Parker, Arizona. See SUPPLEMENTARY and Federal Register notifications were INFORMATION infra. also identified in the May 13 proposed DEPARTMENT OF THE INTERIOR DATES: Effective September 30, 2010. rule. Further, we explained that all FOR FURTHER INFORMATION CONTACT: Fish and Wildlife Service sections of subsequent documents Deborah Dupont, Media Bureau, (202) outlining hunting frameworks and 418–2180. 50 CFR Part 20 guidelines were organized under numbered headings. Subsequent SUPPLEMENTARY INFORMATION: This is a [Docket No. FWS–R9–MB–2010–0040; documents will refer only to numbered synopsis of the Commission’s Report 91200–1231–9BPP–L2] items requiring attention. Therefore, it is and Order, MB Docket No. 08–151, important to note that we omit those adopted August 12, 2010, and released RIN 1018–AX06 items requiring no attention, and August 16, 2010. The full text of this Migratory Bird Hunting; Final remaining numbered items might be Commission decision is available for discontinuous or appear incomplete. inspection and copying during normal Frameworks for Early-Season Migratory Bird Hunting Regulations On June 10, 2010, we published in the business hours in the FCC Information Federal Register (75 FR 32872) a second Center, Portals II, 445 12th Street, SW., AGENCY: Fish and Wildlife Service, document providing supplemental Room CY–A257, Washington, DC 20554. Interior. proposals for early- and late-season The complete text of this decision also ACTION: Final rule. migratory bird hunting regulations. The may be purchased from the June 10 supplement also provided Commission’s duplicating contractor, SUMMARY: This rule prescribes final information on the 2010–11 regulatory Best Copy and Printing, Inc., 445 12th early-season frameworks from which the schedule and announced the Service Street, SW, Room CY–B402, States, Puerto Rico, and the Virgin Regulations Committee (SRC) and Washington, DC 20554, (800) 378–3160, Islands may select season dates, limits, summer Flyway Council meetings. or via the company’s Web site, http:// and other options for the 2010–11 On June 23 and 24, 2010, we held www.bcpiweb.com. This document does migratory bird hunting seasons. Early open meetings with the Flyway Council not contain proposed information seasons are those that generally open Consultants where the participants collection requirements subject to the prior to October 1, and include seasons reviewed information on the current Paperwork Reduction Act of 1995, in Alaska, Hawaii, Puerto Rico, and the status of migratory shore and upland Public Law 104–13. In addition, Virgin Islands. The effect of this final game birds and developed therefore, it does not contain any rule is to facilitate the selection of recommendations for the 2010–11 proposed information collection burden hunting seasons by the States and regulations for these species plus ‘‘for small business concerns with fewer Territories to further the annual regulations for migratory game birds in than 25 employees,’’ pursuant to the establishment of the early-season Alaska, Puerto Rico, and the Virgin Small Business Paperwork Relief Act of migratory bird hunting regulations. Islands, special September waterfowl 2002, Public Law 107–198, see 44 U.S.C. DATES: This rule takes effect on August seasons in designated States, special sea 3506(c)(4). The Commission will send a 30, 2010. duck seasons in the Atlantic Flyway, copy of this Report and Order in a and extended falconry seasons. In ADDRESSES: States and Territories report to be sent to Congress and the addition, we reviewed and discussed should send their season selections to: Government Accountability Office preliminary information on the status of Chief, Division of Migratory Bird pursuant to the Congressional Review waterfowl as it relates to the Management, U.S. Fish and Wildlife Act, see U.S.C. 801(a)(1)(A). development and selection of the Service, ms MBSP–4107–ARLSQ, 1849 regulatory packages for the 2010–11 List of Subjects in 47 CFR Part 73 C Street, NW., Washington, DC 20240. regular waterfowl seasons. Radio, Radio broadcasting. You may inspect comments during On July 29, 2010, we published in the normal business hours at the Service’s Federal Register (75 FR 44856) a third Federal Communications Commission. office in room 4107, 4501 N. Fairfax Deborah A. Dupont, document specifically dealing with the Drive, Arlington, Virginia, or at http:// proposed frameworks for early-season Senior Counsel, Allocations, Audio Division, www.regulations.gov at Docket No. Media Bureau. regulations. We published the proposed FWS–R9–MB–2010–0040. frameworks for late-season regulations Final Rules FOR FURTHER INFORMATION CONTACT: (primarily hunting seasons that start Robert Blohm, Chief, or Ron W. Kokel, ■ For the reasons discussed in the after October 1 and most waterfowl Division of Migratory Bird Management, preamble, the Federal Communications seasons not already established) in an U.S. Fish and Wildlife Service, (703) Commission amends 47 CFR part 73 as August 25, 2010, Federal Register. 358–1714. follows: This document is the fifth in a series SUPPLEMENTARY INFORMATION: of proposed, supplemental, and final PART 73—RADIO BROADCAST rulemaking documents. It establishes Regulations Schedule for 2010 SERVICES final frameworks from which States may On May 13, 2010, we published in the select season dates, shooting hours, and ■ 1. The authority citation for part 73 Federal Register (75 FR 27144) a daily bag and possession limits for the continues to read as follows: proposal to amend 50 CFR part 20. The 2010–11 season. These selections will Authority: 47 U.S.C. 154, 303, 334, 336. proposal provided a background and be published in the Federal Register as

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amendments to §§ 20.101 through has been a longstanding example of declines in productivity and ongoing 20.107, and § 20.109 of title 50 CFR part State-Federal cooperative management mortality. 20. since its establishment in 1952. Fortunately, waterfowl management However, as always, we continue to has a rich and successful history of Review of Public Comments seek new ways to streamline and monitoring and assessment programs The preliminary proposed improve the process. which provide annual updates on the rulemaking, which appeared in the May Regarding the use of abbreviated status and health of waterfowl 13 Federal Register, opened the public public comment periods for these rules, populations. Programs such as the May comment period for migratory game bird the rulemaking process for migratory aerial breeding population survey, the hunting regulations. We have game bird hunting must, by its nature, continental bird banding program, the considered all pertinent comments operate under severe time constraints. mid-winter waterfowl surveys, and the received. Comments are summarized However, we intend that the public be hunter harvest surveys, among others, below and numbered in the order used given the greatest possible opportunity all provide important pieces of in the May 13 proposed rule. We have to comment. Thus, when the information on the population status, included only the numbered items preliminary proposed rulemaking was productivity, and distribution of pertaining to early-season issues for published in May, we established what important waterfowl species. These data which we received comments. we believed were the longest periods are integral in the process of Consequently, the issues do not follow possible for public comment. In doing establishing hunting regulations for in successive numerical or alphabetical this, we recognized that when the waterfowl and other migratory game order. We received recommendations comment period closed, time would be birds. Through the Adaptive Harvest from all Flyway Councils. Some of the essence. Any delays in either Management process we currently recommendations supported extending public comment periods or in utilize to establish waterfowl seasons, continuation of last year’s frameworks. the effective date of these regulations and other associated species-specific Due to the comprehensive nature of the after this final rulemaking would harvest strategies, monitoring and Councils’ annual review of the seriously compromise the States assessment data are explicitly linked to frameworks, we assume Council support abilities to implement these decisions. regulatory decision making, ensuring for continuation of last year’s States would have insufficient time to that appropriate regulatory actions will frameworks for items for which we select season dates and limits; to be taken if warranted by changes in received no recommendation. Council continental population status. communicate those selections to us; and recommendations for changes are Therefore, from both a National and to establish and publicize the necessary summarized below. Flyway harvest-management regulations and procedures to perspective, we intend to respond to the General implement their decisions. Deepwater Horizon oil spill as we Written Comments: Several individual Regarding the Deepwater Horizon oil would any other non-hunting factor commenters protested the entire spill, the release of oil into the Gulf of with potentially substantial effects on migratory bird hunting regulations Mexico following the explosion and mortality or reproduction (e.g., process, the killing of all migratory sinking of the Deepwater Horizon hurricane, disease, prairie drought, birds, the Flyway Council process and mobile offshore drilling unit and habitat loss), by monitoring abundance the abbreviated public comment periods impacts to Gulf wetlands and wildlife and vital rates of waterfowl and other associated with these rules. has led to concerns about the potential migratory game birds and adjusting The Animal Legal Defense Fund for increased mortality in waterfowl and harvest regulations as needed on the (ALDF) urged us to reduce bag limits other migratory game birds, particularly basis of existing harvest strategies. We and institute a hunting moratorium for in the fall and winter when local believe this is the most prudent course those species potentially affected by the populations increase. This potential for of action, and further, firmly believe Deepwater Horizon oil spill. increased mortality of migrating and that our existing monitoring and Service Response: Our long-term wintering game birds has led to further assessment programs are sufficient to objectives continue to include providing questions regarding the need to impose help safeguard the long-term opportunities to harvest portions of precautionary regulatory restrictions in conservation of any potentially-affected certain migratory game bird populations anticipation of increased spill-related waterfowl or other migratory game and to limit harvests to levels mortality. However, it is important to birds. compatible with each population’s remember that waterfowl migration and Recently obtained results of annual ability to maintain healthy, viable habitat use are highly variable from year spring waterfowl population surveys numbers. Having taken into account the to year, not only at the Flyway level but indicate that population sizes of most zones of temperature and the at regional and local levels, and duck species and breeding habitat distribution, abundance, economic dependent on any number of conditions are good this year. While we value, breeding habits, and times and environmental factors. It is also believe that regulatory restrictions are lines of flight of migratory birds, we important to recognize that populations currently unnecessary, we remain very believe that the hunting seasons of many species of North American concerned about both the short and provided herein are compatible with the waterfowl naturally undergo large long-term impacts of the oil spill on current status of migratory bird population fluctuations in response to migratory birds, their habitats, and the populations and long-term population variability in breeding habitat resources upon which birds depend. goals. Additionally, we are obligated to, conditions across their range, especially There remains considerable uncertainty and do, give serious consideration to all within the important prairie-parkland regarding the short-term and long-term information received as public region. In fact, during the drought- impacts this spill will have on comment. While there are problems stricken years of the 1980s and early waterfowl and other migratory game inherent with any type of representative 1990s, many North American waterfowl birds that utilize the impacted region management of public-trust resources, species declined to population sizes less during all or part of their annual life we believe that the Flyway-Council than one-half those recently cycle. We have been heavily engaged in system of migratory bird management experienced as a result of natural the immediate response to the BP oil

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spill. The intent of these efforts is to 1. Ducks the upcoming winter flyway meetings. document and minimize impacts to Categories used to discuss issues The intent of this review would be to natural resources including migratory related to duck harvest management are: summarize historical analyses and birds and their habitats. Large-scale (A) General Harvest Strategy; (B) dialogue regarding the issue of early- efforts to influence bird migration and Regulatory Alternatives, including season teal harvest opportunities in distribution at the flyway-level are specification of framework dates, season production States and provide a likely fruitless given the importance of lengths, and bag limits; (C) Zones and common understanding of the issues weather and photoperiod on the timing Split Seasons; and (D) Special Seasons/ that would have to be reconsidered to and speed of bird migrations. It is Species Management. The categories fully address the Mississippi Flyway possible that re-distribution of birds at correspond to previously published Council’s recommendation. With this smaller scales could help reduce some issues/discussions, and only those information, the Flyways could more oil exposure. Working with containing substantial recommendations fully assess how they may want to conservation partners, we are preparing are discussed below. approach teal harvest opportunities for to implement a range of on-the-ground their States in the future, following D. Special Seasons/Species Management habitat conservation or management completion of the current teal measures near the oil-impact area i. Special Teal Seasons assessment. intended to minimize the entrance of oil Council Recommendations: The Regarding the regulations for this into managed habitats along the Gulf Upper-Region Regulations Committee of year, utilizing the criteria developed for and to enhance the availability of food the Mississippi Flyway Council the teal season harvest strategy, this resources outside the oil impact area. recommended that the Service explore year’s estimate of 6.3 million blue- The provision of additional, reliable options for providing production States winged teal from the traditional survey food sources could also help buffer an opportunity to harvest teal outside area indicates that a 16-day September against the worst-case scenario of an the regular duck season frameworks as teal season in the Atlantic, Central, and early winter in northern portions of the part of the teal season assessment that Mississippi Flyways is appropriate for Mississippi and Central Flyways and is currently being conducted. 2010. dry habitat conditions in the northern Service Response: Last year, we noted 4. Canada Geese Mississippi Alluvial Valley that would that an assessment of the cumulative result in large wintering waterfowl effects of all teal harvest, including A. Special Seasons populations along the Gulf Coast. We harvest during special September Council Recommendations: The are working with partners to determine seasons, had never been conducted. As Mississippi Flyway Council what portion of these projects should be such, we committed to a thorough recommended that the closing date for available as ‘‘sanctuary’’ (areas closed to assessment of the harvest potential for the September Canada goose season in hunting) to encourage bird use of these both blue-winged and green-winged Minnesota be September 22 Statewide. areas and minimize redistribution due teal, as well as an assessment of the The Central Flyway Council to disturbance. impacts of current special September recommended that we increase the daily Simultaneous with immediate seasons on these two species. We bag limit framework from 5 to 8 for the response efforts, we are also working requested that the Atlantic, Mississippi, Central Flyway States of South Dakota, with partners to assess potential and Central Flyway Councils designate Nebraska, Kansas, and Oklahoma during the Special Early Canada Goose hunting pathways for long-term acute and sub- representatives to assist Service staff season. lethal effects of the BP oil spill on the with the technical aspects of these Service Response: We agree with the full suite of migratory birds utilizing assessments. Our goal is to complete Mississippi Flyway Council’s Gulf (or other impacted) habitats during this important assessment work within 3 years. recommendation to extend Minnesota’s some portion of their life cycle. Effects The Mississippi Flyway Council’s framework closing date for their may result from direct exposure of birds request to include an assessment of September Canada goose season to to oil or to the long-term accumulation potential teal harvest opportunities for September 22. In 2007, Minnesota began of polycyclic aromatic hydrocarbons or production States in the ongoing teal a 3-year experiment to assess the other toxins at levels sufficient to cause assessment, and the additional work proportion of migrant geese harvested physiological disorders impacting associated with this request, would during September 16–22 in the productivity or survival. The intent of likely delay the completion of our Northwest Goose Zone. The remainder this assessment is to assist in identifying original task. As we noted above, the of Minnesota already has an operational potential mitigation and conservation original purpose of this assessment was September goose season that extends measures as well as long-term to assess the harvest potential of the from September 1 through 22. Results monitoring and assessment needs for three teal species. The Council’s request from the 3-year experimental season migratory birds. would entail not only an evaluation of evaluation showed that migrant geese Regardless of the eventual impact of the potential effects of production comprised 7 percent of the Canada the BP oil spill on migratory game birds, States’ teal harvest on those species, but goose harvest in the Northwest Goose we recognize the importance of working the possibility of impacts to nontarget Zone during September 16–22, below with the States as well as other species as well. However, we the 10 percent threshold level governmental and non-governmental understand the production States’ established by the Service for allowing conservation partners to ensure that concern about teal harvest special early Canada goose seasons. This reasonable and science-based measures opportunities. Therefore, we will result is consistent with the proportion are implemented in the face of the compile information and analyses from of migrant geese harvested in other areas ongoing crisis in the Gulf, and that the historic reports that address teal seasons of Minnesota (< 5 percent) during rationale for decisions regarding harvest and, particularly, issues related to duck September 16–22. Further, goose harvest regulations or other actions are clearly harvests from production and non- (an average of 1,369 additional geese) in communicated to the public. We will production States, and provide them to the Northwest Goose Zone during the continue to do so. the Flyways for consideration during experimental season extension

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(September 16–22) represents 1.5 formula using the 2007–09 3-year FR 49622, August 28, 2007). However, percent of the total Statewide September running average. the population inventory on which the season goose harvest. We note that the The Pacific Flyway Council LCRVP hunt plan is based was not Minnesota giant Canada goose recommended initiating a limited hunt completed that year. Thus, the Arizona population remains at high levels for Lower Colorado River Valley Game and Fish Department chose to not throughout the State with spring Population (LCRVP) of sandhill cranes conduct the hunt in 2007 and sought breeding population estimates averaging in Arizona with a goal of a limited approval from the Service again in 2008 313,425 over the past 5 years. Thus, we harvest of 9 cranes during the 2010–11 to begin conducting the hunt. We again concur with the Council that the season hunting season. Arizona will issue approved the limited hunt (73 FR extension in the Northwest Goose Zone permits to hunters and require 50678, August 27, 2008). However, due meets our special September Canada mandatory check-in of all harvested to complications encountered with the goose season criteria; allows for cranes. The Service previously proposed onset of this new season uniform, Statewide season dates in approved the hunt in 2007. falling within ongoing efforts to open Minnesota (September 1–22) in order to Service Response: In 2006, the new hunting seasons on federal simplify current hunting regulations; Management Plan for MCP sandhill National Wildlife Refuges, the and appears to have negligible impacts cranes was revised and endorsed by the experimental limited hunt season was on migrant Canada geese. Central, Mississippi, and Pacific Flyway not opened in 2008. As such, last year We also agree with the Central Flyway Councils. Guidelines in the Plan the State of Arizona requested that Council’s request to increase the Canada recommended that the MCP continue to 2009–12 be designated as the new goose daily bag limit in South Dakota, be managed as a single population and experimental season and designated an Nebraska, Kansas, and Oklahoma. The management at a smaller scale (i.e., area under State control where the Special Early Canada Goose hunting breeding affiliation or subpopulation experimental hunt will be conducted. season is generally designed to reduce level) was not warranted at that time. Given that the LCRVP survey results or control overabundant resident We note that the Plan clearly recognized indicate an increase from 1,900 birds in Canada geese populations. Increasing sandhill cranes breeding and staging in 1998 to 2,264 birds in 2009, and that the the daily bag limit from 5 to 8 may help NW Minnesota as part of the mid- 3-year average of 2,847 LCRVP cranes is these States reduce or control existing continent population. Further, the above the population objective of 2,500, high populations of resident Canada current population index for MCP we continue to support the geese. cranes was 498,400 in 2009, above the establishment of the 3-year current population objective range of experimental framework for this hunt, B. Regular Seasons 349,000–472,000 cranes. As the conditional on successful monitoring Council Recommendations: The proposed new hunt in northwest being conducted as called for in the Mississippi Flyway Council Minnesota would conform to guidelines Flyway hunt plan for this population. recommended that the framework from the Management Plan and sandhill Our final environmental assessment opening date for all species of geese for crane hunting frameworks to be (FEA) on this new hunt can be obtained the regular goose seasons in Michigan established for MCP cranes in the by writing Robert Trost, Pacific Flyway and Wisconsin be September 16, 2010. Mississippi Flyway, we agree with the Representative, U.S. Fish and Wildlife Service Response: We concur. Councils’ recommendations to establish Service, Division of Migratory Bird Michigan, beginning in 1998, and this new season. Based on sandhill management, 911 NE 11th Avenue, Wisconsin, beginning in 1989, have crane hunter numbers and harvest in Portland, OR 97232–4181, or it may be opened their regular Canada goose other States in the Central Flyway, the viewed at http://www.regulations.gov at seasons prior to the Flyway-wide small size of the hunting zone proposed Docket No. FWS–R9–MB–2010–0040 or framework opening date to address in Minnesota, and the low hunter via the Service’s home page at http:// resident goose management concerns in density in this region of Minnesota, we www.fws.gov/migratorybirds/ these States. As we have previously expect hunter numbers and crane CurrentBirdIssues/Management/ stated (73 FR 50678, August 27, 2008), harvest to be relatively low (< 500 of BirdManagement.html. we agree with the objective to increase each). harvest pressure on resident Canada We also agree with the Councils’ 14. Woodcock geese in the Mississippi Flyway and recommendations on the RMP sandhill Council Recommendations: The will continue to consider the opening crane harvest allocation of 1,939 birds Atlantic and Mississippi Flyway dates in both States as exceptions to the for the 2010–11 season, as outlined in Councils recommended adoption of the general Flyway opening date, to be the RMP sandhill crane management Interim American Woodcock Harvest reconsidered annually. plan’s harvest allocation formula. The Strategy for implementation in the objective for the RMP sandhill crane is 2011–12 hunting season. 9. Sandhill Cranes to manage for a stable population index The Central Flyway Council Council Recommendations: The of 17,000–21,000 cranes determined by recommended that the interim harvest Mississippi, Central, and Pacific Flyway an average of the three most recent, strategy outlined in the Draft American Councils recommended a sandhill crane reliable September (fall pre-migration) Woodcock Harvest Strategy be hunting season for mid-continent surveys. While this year’s survey implemented for a period of 5 years sandhill cranes in northwest Minnesota counted 20,321 birds, a decrease from (2011–15). in 2010, following guidelines outlined the previous year’s count of 21,156 Written Comments: The Wisconsin in the 2006 Cooperative Management birds, the 3-year average for the RMP Department of Natural Resources Plan for the Mid-Continent Population sandhill crane fall index is 21,433. supported the interim woodcock harvest (MCP) of sandhill cranes. Regarding the proposed limited hunt strategy. The Central and Pacific Flyway for LCRVP cranes in the Arizona hunt, Service Response: In 2008, we Councils recommend using the 2010 in 2007, the Pacific Flyway Council completed a review of available Rocky Mountain Population (RMP) recommended, and we approved, the woodcock population databases to sandhill crane harvest allocation of establishment of a limited hunt for the assess their utility for developing a 1,979 birds as proposed in the allocation LCRVP sandhill cranes in Arizona (72 woodcock harvest strategy.

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Concurrently, we requested that the The Mississippi and Central Flyway Regulations Permitting the Sport Atlantic, Mississippi, and Central Councils recommend the use of the Hunting of Migratory Birds (FSES 88– Flyway Councils appoint members to a standard (or ‘‘moderate’’) season package 14),’’ filed with the Environmental working group to cooperate with us on of a 15-bird daily bag limit and a 70-day Protection Agency on June 9, 1988. We developing a woodcock harvest strategy. season for the 2010–11 mourning dove published a notice of availability in the In February 2010, the working group season in the States within the Central Federal Register on June 16, 1988 (53 completed a draft interim harvest Management Unit. FR 22582). We published our Record of strategy for consideration by the Flyway The Pacific Flyway Council Decision on August 18, 1988 (53 FR Councils at their March 2010 meetings. recommended use of the ‘‘moderate’’ 31341). In addition, an August 1985 The working group’s draft interim season framework for States in the environmental assessment entitled harvest strategy provides a transparent Western Management Unit (WMU) ‘‘Guidelines for Migratory Bird Hunting framework for making regulatory population of mourning doves, which Regulations on Federal Indian decisions for woodcock season length represents no change from last year’s Reservations and Ceded Lands’’ is and bag limit while we work to improve frameworks. available from the address indicated Service Response: In 2008, we monitoring and assessment protocols for under the caption ADDRESSES. accepted and endorsed the interim this species. While the strategy’s In a notice published in the objective is to set woodcock harvest at harvest strategies for the Central, Eastern, and Western Management Units September 8, 2005, Federal Register (70 a level commensurate with population, FR 53376), we announced our intent to data limitations preclude accurately (73 FR 50678, August 27, 2008). As we stated then, the interim mourning dove develop a new Supplemental assessing harvest potential at this time. Environmental Impact Statement (SEIS) Thus, the strategy’s thresholds for harvest strategies are a step towards implementing the Mourning Dove for the migratory bird hunting program. changing regulations are based on the National Strategic Harvest Plan (Plan) Public scoping meetings were held in premise that further population declines that was approved by all four Flyway the spring of 2006, as detailed in a would result in decreased harvest, while Councils in 2003. The Plan represents a March 9, 2006, Federal Register (71 FR population increases would allow for new, more informed means of decision- 12216). We released the draft SEIS on additional harvest. The working group making for dove harvest management July 9, 2010 (75 FR 39577). The draft recommended that the interim harvest besides relying solely on traditional SEIS is available by either writing to the strategy be implemented for the 2011– roadside counts of mourning doves as address indicated under ADDRESSES or 12 hunting season, that the Service and indicators of population trend. by viewing on our Web site at http:// Flyway Councils evaluate the strategy However, recognizing that a more www.fws.gov/migratorybirds. after 5 years, and that we continue to comprehensive, national approach assess the feasibility of developing a would take time to develop, we Endangered Species Act Consideration derived harvest strategy. requested the development of interim In the May 13 Federal Register, we Section 7 of the Endangered Species harvest strategies, by management unit, Act, as amended (16 U.S.C. 1531–1543; stated that following review and until the elements of the Plan can be comment by the Flyway Councils, we 87 Stat. 884), provides that, ‘‘The fully implemented. In 2004, each Secretary shall review other programs would announce our intentions whether management unit submitted its administered by him and utilize such to propose the draft strategy. Given the respective strategy, but the strategies programs in furtherance of the purposes unanimous Flyway Council approval of used different datasets and different of this Act’’ (and) shall ‘‘insure that any the working group’s draft interim approaches or methods. After initial action authorized, funded, or carried out harvest strategy, we concurred with the submittal and review in 2006, we * * * is not likely to jeopardize the three Flyway Councils and proposed requested that the strategies be revised, adoption of the strategy in the July 29 using similar, existing datasets among continued existence of any endangered Federal Register beginning in the 2011– the management units along with species or threatened species or result in 12 hunting season for a period of 5 years similar decision-making criteria. In the destruction or adverse modification (2011–15). Based on public comment, January 2008, we recommended that, of [critical] habitat. * * *.’’ we see no reason not to formally following approval by the respective Consequently, we conducted formal complete the adoption of the new Flyway Councils in March, they be consultations to ensure that actions interim harvest strategy. Thus, we plan submitted in 2008 for endorsement by resulting from these regulations would to implement the strategy beginning the Service, with implementation for the not likely jeopardize the continued with the 2011–12 hunting season. 2009–10 hunting season. Last year, for existence of endangered or threatened Specifics of the interim harvest strategy the first time, the interim harvest species or result in the destruction or can be found at http://www.fws.gov/ strategies were successfully employed adverse modification of their critical migratorybirds/ and implemented in all three habitat. Findings from these NewsPublicationsReports.html. Management Units (74 FR 36870, July consultations are included in a biological opinion, which concluded 16. Mourning Doves 24, 2009). This year, based on the interim harvest strategies and current that the regulations are not likely to Council Recommendations: The population status, we agree with the jeopardize the continued existence of Atlantic and Mississippi Flyway recommended selection of the any endangered or threatened species. Councils recommended use of the ‘‘moderate’’ season frameworks for doves Additionally, these findings may have ‘‘moderate’’ season framework for States in the Eastern, Central, and Western caused modification of some regulatory within the Eastern Management Unit Management Units. measures previously proposed, and the population of mourning doves resulting final frameworks reflect any such in a 70-day season and 15-bird daily bag NEPA Consideration modifications. Our biological opinions limit. The daily bag limit could be NEPA considerations are covered by resulting from this section 7 composed of mourning doves and the programmatic document ‘‘Final consultation are public documents white-winged doves, singly or in Supplemental Environmental Impact available for public inspection at the combination. Statement: Issuance of Annual address indicated under ADDRESSES.

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Executive Order 12866 annually from 1990–95. In 1995, the person is not required to respond to a The Office of Management and Budget Service issued a Small Entity Flexibility collection of information unless it has determined that this rule is Analysis (Analysis), which was displays a currently valid OMB control significant and has reviewed this rule subsequently updated in 1996, 1998, number. 2004, and 2008. The primary source of under Executive Order 12866. OMB Unfunded Mandates Reform Act bases its determination of regulatory information about hunter expenditures We have determined and certify, in significance upon the following four for migratory game bird hunting is the compliance with the requirements of the criteria: (a) Whether the rule will have National Hunting and Fishing Survey, Unfunded Mandates Reform Act, 2 an annual effect of $100 million or more which is conducted at 5-year intervals. The 2008 Analysis was based on the U.S.C. 1502 et seq., that this rulemaking on the economy or adversely affect an 2006 National Hunting and Fishing will not impose a cost of $100 million economic sector, productivity, jobs, the Survey and the U.S. Department of or more in any given year on local or environment, or other units of the Commerce’s County Business Patterns, State government or private entities. government; (b) Whether the rule will from which it was estimated that Therefore, this rule is not a ‘‘significant create inconsistencies with other migratory bird hunters would spend regulatory action’’ under the Unfunded Federal agencies’ actions; (c) Whether approximately $1.2 billion at small Mandates Reform Act. the rule will materially affect businesses in 2008. Copies of the entitlements, grants, user fees, loan Civil Justice Reform—Executive Order Analysis are available upon request programs, or the rights and obligations 12988 from the Division of Migratory Bird of their recipients; and (d) Whether the Management (see FOR FURTHER The Department has determined that rule raises novel legal or policy issues. INFORMATION CONTACT) or from our Web this rule will not unduly burden the An economic analysis was prepared site at http://www.fws.gov/ judicial system and that it meets the for the 2008–09 season. This analysis migratorybirds/ requirements of sections 3(a) and 3(b)(2) was based on data from the 2006 NewReportsPublications/SpecialTopics/ of Executive Order 12988. National Hunting and Fishing Survey, SpecialTopics.html#HuntingRegs or at Takings Implication Assessment the most recent year for which data are http://www.regulations.gov at Docket available (see discussion in Regulatory No. FWS–R9–MB–2010–0040. In accordance with Executive Order Flexibility Act section below). This 12630, this rule, authorized by the analysis estimated consumer surplus for Small Business Regulatory Enforcement Migratory Bird Treaty Act, does not three alternatives for duck hunting Fairness Act have significant takings implications (estimates for other species are not This rule is a major rule under 5 and does not affect any constitutionally quantified due to lack of data). The U.S.C. 804(2), the Small Business protected property rights. This rule will alternatives are (1) Issue restrictive Regulatory Enforcement Fairness Act. not result in the physical occupancy of regulations allowing fewer days than For the reasons outlined above, this rule property, the physical invasion of those issued during the 2007–08 season, has an annual effect on the economy of property, or the regulatory taking of any (2) Issue moderate regulations allowing $100 million or more. However, because property. In fact, these rules allow more days than those in alternative 1, this rule establishes hunting seasons, we hunters to exercise otherwise and (3) Issue liberal regulations do not plan to defer the effective date unavailable privileges and, therefore, identical to the regulations in the 2007– under the exemption contained in 5 reduce restrictions on the use of private 08 season. For the 2008–09 season, we U.S.C. 808(1). and public property. chose alternative 3, with an estimated consumer surplus across all flyways of Paperwork Reduction Act Energy Effects—Executive Order 13211 $205–$270 million. At this time, we are We examined these regulations under Executive Order 13211 requires proposing no changes to the season the Paperwork Reduction Act of 1995 agencies to prepare Statements of frameworks for the 2010–11 season, and (44 U.S.C. 3501 et seq.). The various Energy Effects when undertaking certain as such, we will again consider these recordkeeping and reporting actions. While this rule is a significant three alternatives. However, final requirements imposed under regulations regulatory action under Executive Order frameworks will depend on population established in 50 CFR part 20, subpart 12866, it is not expected to adversely status information available later this K, are utilized in the formulation of affect energy supplies, distribution, or year. For these reasons, we have not migratory game bird hunting use. Therefore, this action is not a conducted a new economic analysis, but regulations. Specifically, OMB has significant energy action and no the 2008–09 analysis is part of the approved the information collection Statement of Energy Effects is required. record for this rule and is available at requirements of our Migratory Bird Government-to-Government http://www.fws.gov/migratorybirds/ Surveys and assigned control number Relationship With Tribes NewReportsPublications/SpecialTopics/ 1018–0023 (expires 2/28/2011). This SpecialTopics.html#HuntingRegs or at information is used to provide a In accordance with the President’s http://www.regulations.gov at Docket sampling frame for voluntary national memorandum of April 29, 1994, No. FWS–R9–MB–2010–0040. surveys to improve our harvest ‘‘Government-to-Government Relations estimates for all migratory game birds in with Native American Tribal Regulatory Flexibility Act order to better manage these Governments’’ (59 FR 22951), Executive The regulations have a significant populations. OMB has also approved Order 13175, and 512 DM 2, we have economic impact on substantial the information collection requirements evaluated possible effects on Federally numbers of small entities under the of the Alaska Subsistence Household recognized Indian tribes and have Regulatory Flexibility Act (5 U.S.C. 601 Survey, an associated voluntary annual determined that there are no effects on et seq.). We analyzed the economic household survey used to determine Indian trust resources. However, in the impacts of the annual hunting levels of subsistence take in Alaska, and May 13 Federal Register, we solicited regulations on small business entities in assigned control number 1018–0124 proposals for special migratory bird detail as part of the 1981 cost-benefit (expires 4/30/2013). A Federal agency hunting regulations for certain Tribes on analysis. This analysis was revised may not conduct or sponsor and a Federal Indian reservations, off-

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reservation trust lands, and ceded lands Administrative Procedure Act, and Iowa, Kentucky, Louisiana, Michigan, for the 2010–11 migratory bird hunting these frameworks will, therefore, take Minnesota, Mississippi, Missouri, Ohio, season. The resulting proposals were effect immediately upon publication. Tennessee, and Wisconsin. contained in a separate proposed rule Therefore, under authority of the Central Flyway—includes Colorado (75 FR 47682). By virtue of these Migratory Bird Treaty Act (July 3, 1918), (east of the Continental Divide), Kansas, actions, we have consulted with Tribes as amended (16 U.S.C. 703–711), we Montana (Counties of Blaine, Carbon, affected by this rule. prescribe final frameworks setting forth Fergus, Judith Basin, Stillwater, the species to be hunted, the daily bag Sweetgrass, Wheatland, and all counties Federalism Effects and possession limits, the shooting east thereof), Nebraska, New Mexico Due to the migratory nature of certain hours, the season lengths, the earliest (east of the Continental Divide except species of birds, the Federal opening and latest closing season dates, the Jicarilla Apache Indian Reservation), Government has been given and hunting areas, from which State North Dakota, Oklahoma, South Dakota, responsibility over these species by the conservation agency officials will select Texas, and Wyoming (east of the Migratory Bird Treaty Act. We annually hunting season dates and other options. Continental Divide). prescribe frameworks from which the Upon receipt of season selections from Pacific Flyway—includes Alaska, States make selections regarding the these officials, we will publish a final Arizona, California, Idaho, Nevada, hunting of migratory birds, and we rulemaking amending 50 CFR part 20 to Oregon, Utah, Washington, and those employ guidelines to establish special reflect seasons, limits, and shooting portions of Colorado, Montana, New regulations on Federal Indian hours for the conterminous United Mexico, and Wyoming not included in reservations and ceded lands. This States for the 2010–11 season. the Central Flyway. process preserves the ability of the States and Tribes to determine which List of Subjects in 50 CFR Part 20 Management Units seasons meet their individual needs. Exports, Hunting, Imports, Reporting Mourning Dove Management Units: Any State or Indian Tribe may be more and recordkeeping requirements, Eastern Management Unit—All States restrictive than the Federal frameworks Transportation, Wildlife. east of the Mississippi River, and at any time. The frameworks are The rules that eventually will be Louisiana. developed in a cooperative process with promulgated for the 2010–11 hunting Central Management Unit—Arkansas, the States and the Flyway Councils. season are authorized under 16 U.S.C. Colorado, Iowa, Kansas, Minnesota, This process allows States to participate 703–712 and 16 U.S.C. 742a–j. Missouri, Montana, Nebraska, New in the development of frameworks from Dated: August 18, 2010. Mexico, North Dakota, Oklahoma, South which they will make selections, Dakota, Texas, and Wyoming. Thomas L. Strickland, thereby having an influence on their Western Management Unit—Arizona, own regulations. These rules do not Assistant Secretary for Fish and Wildlife and California, Idaho, Nevada, Oregon, Utah, Parks. have a substantial direct effect on fiscal and Washington. capacity, change the roles or Final Regulations Frameworks for Woodcock Management Regions: responsibilities of Federal or State 2010–11 Early Hunting Seasons on Eastern Management Region— governments, or intrude on State policy Certain Migratory Game Birds Connecticut, Delaware, Florida, Georgia, or administration. Therefore, in Pursuant to the Migratory Bird Treaty Maine, Maryland, Massachusetts, New accordance with Executive Order 13132, Act and delegated authorities, the Hampshire, New Jersey, New York, these regulations do not have significant Department of the Interior approved the North Carolina, Pennsylvania, Rhode federalism effects and do not have following frameworks, which prescribe Island, South Carolina, Vermont, sufficient federalism implications to season lengths, bag limits, shooting Virginia, and West Virginia. warrant the preparation of a Federalism hours, and outside dates within which Central Management Region— Assessment. States may select hunting seasons for Alabama, Arkansas, Illinois, Indiana, Regulations Promulgation certain migratory game birds between Iowa, Kansas, Kentucky, Louisiana, September 1, 2010, and March 10, 2011. Michigan, Minnesota, Mississippi, The rulemaking process for migratory Missouri, Nebraska, North Dakota, Ohio, game bird hunting must, by its nature, General Oklahoma, South Dakota, Tennessee, operate under severe time constraints. Dates: All outside dates noted below Texas, and Wisconsin. However, we intend that the public be are inclusive. Other geographic descriptions are given the greatest possible opportunity Shooting and Hawking (taking by contained in a later portion of this to comment. Thus, when the falconry) Hours: Unless otherwise document. preliminary proposed rulemaking was specified, from one-half hour before Definitions published, we established what we sunrise to sunset daily. believed were the longest periods Possession Limits: Unless otherwise Dark geese: Canada geese, white- possible for public comment. In doing specified, possession limits are twice fronted geese, brant (except in Alaska, this, we recognized that when the the daily bag limit. California, Oregon, Washington, and the comment period closed, time would be Atlantic Flyway), and all other goose of the essence. That is, if there were a Flyways and Management Units species, except light geese. delay in the effective date of these Waterfowl Flyways: Light geese: snow (including blue) regulations after this final rulemaking, Atlantic Flyway—includes geese and Ross’s geese. States would have insufficient time to Connecticut, Delaware, Florida, Georgia, Waterfowl Seasons in the Atlantic select season dates and limits; to Maine, Maryland, Massachusetts, New Flyway communicate those selections to us; and Hampshire, New Jersey, New York, to establish and publicize the necessary North Carolina, Pennsylvania, Rhode In the Atlantic Flyway States of regulations and procedures to Island, South Carolina, Vermont, Connecticut, Delaware, Maine, implement their decisions. We therefore Virginia, and West Virginia. Maryland, Massachusetts, New Jersey, find that ‘‘good cause’’ exists, within the Mississippi Flyway—includes North Carolina, Pennsylvania, and terms of 5 U.S.C. 553(d)(3) of the Alabama, Arkansas, Illinois, Indiana, Virginia, where Sunday hunting is

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prohibited Statewide by State law, all regular duck seasons. The days must be areas under the hunting regulations Sundays are closed to all take of held outside any regular duck season on adopted by the respective States. migratory waterfowl (including a weekend, holidays, or other non- Special Early Canada Goose Seasons mergansers and coots). school days when youth hunters would have the maximum opportunity to Atlantic Flyway Special September Teal Season participate. The days may be held up to General Seasons Outside Dates: Between September 1 14 days before or after any regular duck- and September 30, an open season on season frameworks or within any split Canada goose seasons of up to 15 days all species of teal may be selected by the of a regular duck season, or within any during September 1–15 may be selected following States in areas delineated by other open season on migratory birds. for the Eastern Unit of Maryland and State regulations: Daily Bag Limits: The daily bag limits Delaware. Seasons not to exceed 30 days Atlantic Flyway—Delaware, Florida, may include ducks, geese, mergansers, during September 1–30 may be selected Georgia, Maryland, North Carolina, coots, moorhens, and gallinules and for Connecticut, Florida, Georgia, New South Carolina, and Virginia. would be the same as those allowed in Jersey, New York (Long Island Zone Mississippi Flyway—Alabama, the regular season. Flyway species and only), North Carolina, Rhode Island, and Arkansas, Illinois, Indiana, Kentucky, area restrictions would remain in effect. South Carolina. Seasons may not exceed Louisiana, Mississippi, Missouri, Ohio, Shooting Hours: One-half hour before 25 days during September 1–25 in the and Tennessee. sunrise to sunset. remainder of the Flyway. Areas open to Central Flyway—Colorado (part), Participation Restrictions: Youth the hunting of Canada geese must be Kansas, Nebraska (part), New Mexico hunters must be 15 years of age or described, delineated, and designated as (part), Oklahoma, and Texas. younger. In addition, an adult at least 18 such in each State’s hunting regulations. Hunting Seasons and Daily Bag years of age must accompany the youth Daily Bag Limits: Not to exceed 15 Limits: Not to exceed 16 consecutive hunter into the field. This adult may not Canada geese. hunting days in the Atlantic, duck hunt but may participate in other Mississippi, and Central Flyways. The Experimental Seasons seasons that are open on the special daily bag limit is 4 teal. youth day. Canada goose seasons of up to 10 days Shooting Hours: during September 16–25 may be Atlantic Flyway—One-half hour Scoter, Eider, and Long-tailed Ducks selected in Delaware. The daily bag before sunrise to sunset, except in (Atlantic Flyway) limit may not exceed 15 Canada geese. Maryland, where the hours are from Outside Dates: Between September 15 Areas open to the hunting of Canada sunrise to sunset. and January 31. geese must be described, delineated, Mississippi and Central Flyways— and designated as such in each State’s One-half hour before sunrise to sunset, Hunting Seasons and Daily Bag Limits: Not to exceed 107 days, with a hunting regulations. except in the States of Arkansas, Shooting Hours: One-half hour before Illinois, Indiana, Missouri, and Ohio, daily bag limit of 7, singly or in the aggregate, of the listed sea-duck species, sunrise to sunset, except that during any where the hours are from sunrise to general season, shooting hours may sunset. of which no more than 4 may be scoters. Daily Bag Limits During the Regular extend to one-half hour after sunset if Special September Duck Seasons Duck Season: Within the special sea all other waterfowl seasons are closed in the specific applicable area. Florida, Kentucky and Tennessee: In duck areas, during the regular duck lieu of a special September teal season, season in the Atlantic Flyway, States Mississippi Flyway may choose to allow the above sea duck a 5-consecutive-day season may be General Seasons selected in September. The daily bag limits in addition to the limits applying limit may not exceed 4 teal and wood to other ducks during the regular duck Canada goose seasons of up to 15 days ducks in the aggregate, of which no season. In all other areas, sea ducks may during September 1–15 may be selected, more than 2 may be wood ducks. be taken only during the regular open except in the Upper Peninsula in Iowa: Iowa may hold up to 5 days of season for ducks and are part of the Michigan, where the season may not its regular duck hunting season in regular duck season daily bag (not to extend beyond September 10, and in September. All ducks that are legal exceed 4 scoters) and possession limits. Minnesota, where a season of up to 22 during the regular duck season may be Areas: In all coastal waters and all days during September 1–22 may be taken during the September segment of waters of rivers and streams seaward selected. The daily bag limit may not the season. The September season from the first upstream bridge in Maine, exceed 5 Canada geese. Areas open to segment may commence no earlier than New Hampshire, Massachusetts, Rhode the hunting of Canada geese must be the Saturday nearest September 20 Island, Connecticut, and New York; in described, delineated, and designated as (September 18). The daily bag and any waters of the Atlantic Ocean and in such in each State’s hunting regulations. possession limits will be the same as any tidal waters of any bay which are A Canada goose season of up to 10 those in effect last year but are subject separated by at least 1 mile of open consecutive days during September 1– to change during the late-season water from any shore, island, and 10 may be selected by Michigan for regulations process. The remainder of emergent vegetation in New Jersey, Huron, Saginaw, and Tuscola Counties, the regular duck season may not begin South Carolina, and Georgia; and in any except that the Shiawassee National before October 10. waters of the Atlantic Ocean and in any Wildlife Refuge, Shiawassee River State tidal waters of any bay which are Game Area Refuge, and the Fish Point Special Youth Waterfowl Hunting Days separated by at least 800 yards of open Wildlife Area Refuge will remain Outside Dates: States may select 2 water from any shore, island, and closed. The daily bag limit may not consecutive days (hunting days in emergent vegetation in Delaware, exceed 5 Canada geese. Atlantic Flyway States with Maryland, North Carolina, and Virginia; Shooting Hours: One-half hour before compensatory days) per duck-hunting and provided that any such areas have sunrise to sunset, except that during zone, designated as ‘‘Youth Waterfowl been described, delineated, and September 1–15 shooting hours may Hunting Days,’’ in addition to their designated as special sea-duck hunting extend to one-half hour after sunset if

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all other waterfowl seasons are closed in Regular Goose Seasons provisions of seasons must be consistent the specific applicable area. Regular goose seasons may open as with the management plan and approved by the Central and Pacific Central Flyway early as September 16 in Wisconsin and Michigan. Season lengths, bag and Flyway Councils, with the following General Seasons possession limits, and other provisions exceptions: In Kansas, Nebraska, Oklahoma, will be established during the late- A. In Utah, 100 percent of the harvest South Dakota, and Texas, Canada goose season regulations process. will be assigned to the RMP quota; seasons of up to 30 days during B. In Arizona, monitoring the racial Sandhill Cranes September 1–30 may be selected. In composition of the harvest must be Colorado, New Mexico, North Dakota, Regular Seasons in the Mississippi conducted at 3-year intervals; C. In Idaho, 100 percent of the harvest Montana, and Wyoming, Canada goose Flyway: will be assigned to the RMP quota; and seasons of up to 15 days during Outside Dates: Between September 1 D. In New Mexico, the season in the September 1–15 may be selected. The and February 28. Estancia Valley is experimental, with a daily bag limit may not exceed 5 Canada Hunting Seasons: A season not to requirement to monitor the level and geese, except in Kansas, Nebraska, exceed 37 consecutive days may be racial composition of the harvest; Oklahoma, and South Dakota, where the selected in the designated portion of greater sandhill cranes in the harvest bag limit may not exceed 8 Canada northwestern Minnesota (Northwest will be assigned to the RMP quota. geese. Areas open to the hunting of Goose Zone). Special Seasons in the Pacific Flyway: Daily Bag Limit: 2 sandhill cranes. Canada geese must be described, Arizona may select a season for Permits: Each person participating in delineated, and designated as such in hunting sandhill cranes within the the regular sandhill crane season must each State’s hunting regulations. range of the Lower Colorado River Shooting Hours: One-half hour before have a valid Federal or State sandhill Population (LCR) of sandhill cranes, sunrise to sunset, except that during crane hunting permit. subject to the following conditions: Regular Seasons in the Central September 1–15 shooting hours may Outside Dates: Between December 1 Flyway: extend to one-half hour after sunset if and January 31. Outside Dates: Between September 1 all other waterfowl seasons are closed in Hunting Seasons: The season may not and February 28. the specific applicable area. exceed 3 days. Hunting Seasons: Seasons not to Pacific Flyway Bag limits: Not to exceed 1 per season. exceed 37 consecutive days may be Permits: Participants must have a General Seasons selected in designated portions of North valid permit, issued by the appropriate California may select a 9-day season Dakota (Area 2) and Texas (Area 2). State, in their possession while hunting. in Humboldt County during the period Seasons not to exceed 58 consecutive Other provisions: The season is September 1–15. The daily bag limit is days may be selected in designated experimental. Numbers of permits, open 2. portions of the following States: areas, season dates, protection plans for Colorado may select a 9-day season Colorado, Kansas, Montana, North other species, and other provisions of during the period of September 1–15. Dakota, South Dakota, and Wyoming. seasons must be consistent with the The daily bag limit is 3. Seasons not to exceed 93 consecutive management plan and approved by the Oregon may select a special Canada days may be selected in designated Pacific Flyway Council. goose season of up to 15 days during the portions of the following States: New period September 1–15. In addition, in Mexico, Oklahoma, and Texas. Common Moorhens and Purple the NW Goose Management Zone in Daily Bag Limits: 3 sandhill cranes, Gallinules Oregon, a 15-day season may be selected except 2 sandhill cranes in designated Outside Dates: Between September 1 during the period September 1–20. portions of North Dakota (Area 2) and and the last Sunday in January (January Daily bag limits may not exceed 5 Texas (Area 2). 30) in the Atlantic, Mississippi, and Canada geese. Permits: Each person participating in Central Flyways. States in the Pacific Idaho may select a 7-day season the regular sandhill crane season must Flyway have been allowed to select during the period September 1–15. The have a valid Federal or State sandhill their hunting seasons between the daily bag limit is 2, and the possession crane hunting permit. outside dates for the season on ducks; limit is 4. Special Seasons in the Central and therefore, they are late-season Washington may select a special Pacific Flyways: frameworks, and no frameworks are Canada goose season of up to 15 days Arizona, Colorado, Idaho, Montana, provided in this document. during the period September 1–15. New Mexico, Utah, and Wyoming may Hunting Seasons and Daily Bag Daily bag limits may not exceed 5 select seasons for hunting sandhill Limits: Seasons may not exceed 70 days Canada geese. cranes within the range of the Rocky in the Atlantic, Mississippi, and Central Wyoming may select an 8-day season Mountain Population (RMP) subject to Flyways. Seasons may be split into 2 on Canada geese during the period the following conditions: segments. The daily bag limit is 15 September 1–15. This season is subject Outside Dates: Between September 1 common moorhens and purple to the following conditions: and January 31. gallinules, singly or in the aggregate of A. Where applicable, the season must Hunting Seasons: The season in any the two species. be concurrent with the September State or zone may not exceed 30 days. Zoning: Seasons may be selected by portion of the sandhill crane season. Bag limits: Not to exceed 3 daily and zones established for duck hunting. B. A daily bag limit of 2, with season 9 per season. and possession limits of 4, will apply to Permits: Participants must have a Rails the special season. valid permit, issued by the appropriate Outside Dates: States included herein Areas open to hunting of Canada State, in their possession while hunting. may select seasons between September geese in each State must be described, Other provisions: Numbers of permits, 1 and the last Sunday in January delineated, and designated as such in open areas, season dates, protection (January 30) on clapper, king, sora, and each State’s hunting regulations. plans for other species, and other Virginia rails.

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Hunting Seasons: Seasons may not Four-Corners States (Arizona, length, and shooting hours must be exceed 70 days, and may be split into Colorado, New Mexico, and Utah) uniform within each hunting zone. 2 segments. Outside Dates: Between September 1 Western Management Unit Daily Bag Limits: and November 30. Clapper and King Rails—In Rhode Hunting Seasons and Daily Bag Hunting Seasons and Daily Bag Island, Connecticut, New Jersey, Limits: Not more than 30 consecutive Limits: Idaho, Oregon, and Washington—Not Delaware, and Maryland, 10, singly or days, with a daily bag limit of 5 band- more than 30 consecutive days, with a in the aggregate of the 2 species. In tailed pigeons. Texas, Louisiana, Mississippi, Alabama, Zoning: New Mexico may select daily bag limit of 10 mourning doves. Georgia, Florida, South Carolina, North hunting seasons not to exceed 20 Utah—Not more than 30 consecutive Carolina, and Virginia, 15, singly or in consecutive days in each of two zones. days, with a daily bag limit that may not the aggregate of the two species. The season in the South Zone may not exceed 10 mourning doves and white- Sora and Virginia Rails—In the open until October 1. winged doves in the aggregate. Atlantic, Mississippi, and Central Nevada—Not more than 30 Flyways and the Pacific-Flyway Mourning Doves consecutive days, with a daily bag limit portions of Colorado, Montana, New Outside Dates: Between September 1 of 10 mourning doves, except in Clark Mexico, and Wyoming, 25 daily and 25 and January 15, except as otherwise and Nye Counties, where the daily bag in possession, singly or in the aggregate provided, States may select hunting limit may not exceed 10 mourning and of the two species. The season is closed seasons and daily bag limits as follows: white-winged doves in the aggregate. in the remainder of the Pacific Flyway. Arizona and California—Not more Eastern Management Unit than 60 days, which may be split Common Snipe Hunting Seasons and Daily Bag between two periods, September 1–15 Outside Dates: Between September 1 Limits: Not more than 70 days, with a and November 1–January 15. In and February 28, except in Maine, daily bag limit of 15 mourning and Arizona, during the first segment of the Vermont, New Hampshire, white-winged doves in the aggregate. season, the daily bag limit is 10 Massachusetts, Rhode Island, Zoning and Split Seasons: States may mourning and white-winged doves in Connecticut, New York, New Jersey, select hunting seasons in each of two the aggregate, of which no more than 6 Delaware, Maryland, and Virginia, zones. The season within each zone may may be white-winged doves. During the where the season must end no later than be split into not more than three remainder of the season, the daily bag January 31. periods. Regulations for bag and limit is 10 mourning doves. In Hunting Seasons and Daily Bag possession limits, season length, and California, the daily bag limit is 10 Limits: Seasons may not exceed 107 shooting hours must be uniform within mourning doves, except in Imperial, days and may be split into two specific hunting zones. Riverside, and San Bernardino Counties, segments. The daily bag limit is 8 snipe. where the daily bag limit may not Zoning: Seasons may be selected by Central Management Unit exceed 10 mourning and white-winged zones established for duck hunting. Hunting Seasons and Daily Bag doves in the aggregate. Limits: Not more than 70 days, with a American Woodcock White-Winged and White-Tipped Doves daily bag limit of 15 mourning and Outside Dates: States in the Eastern white-winged doves in the aggregate. Hunting Seasons and Daily Bag Management Region may select hunting Zoning and Split Seasons: Limits: seasons between October 1 and January States may select hunting seasons in Except as shown below, seasons must 31. States in the Central Management each of two zones. The season within be concurrent with mourning dove Region may select hunting seasons each zone may be split into not more seasons. between the Saturday nearest September than three periods. Eastern Management Unit: The daily 22 (September 25) and January 31. Texas may select hunting seasons for bag limit may not exceed 15 mourning Hunting Seasons and Daily Bag each of three zones subject to the and white-winged doves in the Limits: Seasons may not exceed 30 days following conditions: aggregate. in the Eastern Region and 45 days in the A. The hunting season may be split Central Management Unit: Central Region. The daily bag limit is 3. into not more than two periods, except In Texas, the daily bag limit may not Seasons may be split into two segments. in that portion of Texas in which the exceed 15 mourning, white-winged, and Zoning: New Jersey may select special white-winged dove season is white-tipped doves in the aggregate, of seasons in each of two zones. The allowed, where a limited mourning which no more than 2 may be white- season in each zone may not exceed 24 dove season may be held concurrently tipped doves. In addition, Texas also days. with that special season (see white- may select a hunting season of not more Band-Tailed Pigeons winged dove frameworks). than 4 days for the special white-winged B. A season may be selected for the dove area of the South Zone between Pacific Coast States (California, Oregon, North and Central Zones between September 1 and September 19. The Washington, and Nevada) September 1 and January 25; and for the daily bag limit may not exceed 15 Outside Dates: Between September 15 South Zone between the Friday nearest white-winged, mourning, and white- and January 1. September 20 (September 17), but not tipped doves in the aggregate, of which Hunting Seasons and Daily Bag earlier than September 17, and January no more than 4 may be mourning doves Limits: Not more than 9 consecutive 25. and 2 may be white-tipped doves. days, with a daily bag limit of 2 band- C. Daily bag limits are aggregate bag In the remainder of the Central tailed pigeons. limits with mourning, white-winged, Management Unit, the daily bag limit Zoning: California may select hunting and white-tipped doves (see white- may not exceed 15 mourning and white- seasons not to exceed 9 consecutive winged dove frameworks for specific winged doves in the aggregate. days in each of two zones. The season daily bag limit restrictions). Western Management Unit: in the North Zone must close by October D. Except as noted above, regulations Arizona may select a hunting season 3. for bag and possession limits, season of not more than 30 consecutive days,

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running concurrently with the first C. In Units 6–B, 6–C and on Hunting Seasons: Not more than 65 segment of the mourning dove season. Hinchinbrook and Hawkins Islands in days (75 under the alternative) for The daily bag limit may not exceed 10 Unit 6–D, a special, permit-only Canada mourning doves. mourning and white-winged doves in goose season may be offered. Hunters Bag Limits: Not to exceed 15 (12 the aggregate, of which no more than 6 must have all harvested geese checked under the alternative) mourning doves. may be white-winged doves. and classified to subspecies. The daily Note: Mourning doves may be taken in In Utah, the Nevada Counties of Clark bag limit is 4 daily and 8 in possession. Hawaii in accordance with shooting hours and Nye, and in the California Counties The Canada goose season will close in and other regulations set by the State of of Imperial, Riverside, and San all of the permit areas if the total dusky Hawaii, and subject to the applicable Bernardino, the daily bag limit may not goose (as defined above) harvest reaches provisions of 50 CFR part 20. exceed 10 mourning and white-winged 40. Puerto Rico doves in the aggregate. D. In Units 9, 10, 17, and 18, dark In the remainder of the Western goose limits are 6 per day, 12 in Doves and Pigeons Management Unit, the season is closed. possession; however, no more than 2 Outside Dates: Between September 1 Alaska may be Canada geese in Units 9(E) and and January 15. 18; and no more than 4 may be Canada Hunting Seasons: Not more than 60 Outside Dates: Between September 1 geese in Units 9(A–C), 10 (Unimak and January 26. days. Island portion), and 17. Daily Bag and Possession Limits: Not Hunting Seasons: Alaska may select to exceed 20 Zenaida, mourning, and 107 consecutive days for waterfowl, Brant—A daily bag limit of 2 and a white-winged doves in the aggregate, of sandhill cranes, and common snipe in possession limit of 4. which not more than 10 may be Zenaida each of 5 zones. The season may be split Common snipe—A daily bag limit of doves and 3 may be mourning doves. without penalty in the Kodiak Zone. 8. Sandhill cranes—Bag and possession Not to exceed 5 scaly-naped pigeons. The seasons in each zone must be Closed Seasons: The season is closed concurrent. limits of 2 and 4, respectively, in the Southeast, Gulf Coast, Kodiak, and on the white-crowned pigeon and the Closures: The hunting season is plain pigeon, which are protected by the closed on emperor geese, spectacled Aleutian Zones, and Unit 17 in the Northern Zone. In the remainder of the Commonwealth of Puerto Rico. eiders, and Steller’s eiders. Closed Areas: There is no open season Northern Zone (outside Unit 17), bag Daily Bag and Possession Limits: on doves or pigeons in the following and possession limits of 3 and 6, Ducks—Except as noted, a basic daily areas: Municipality of Culebra, respectively. bag limit of 7 and a possession limit of Desecheo Island, Mona Island, El Verde 21 ducks. Daily bag and possession Tundra Swans—Open seasons for Closure Area, and Cidra Municipality limits in the North Zone are 10 and 30, tundra swans may be selected subject to and adjacent areas. and in the Gulf Coast Zone, they are 8 the following conditions: and 24. The basic limits may include no A. All seasons are by registration Ducks, Coots, Moorhens, Gallinules, and more than 1 canvasback daily and 3 in permit only. Snipe possession and may not include sea B. All season framework dates are Outside Dates: Between October 1 and ducks. September 1–October 31. January 31. In addition to the basic duck limits, C. In Game Management Unit (GMU) Hunting Seasons: Not more than 55 Alaska may select sea duck limits of 10 17, no more than 200 permits may be days may be selected for hunting ducks, daily, 20 in possession, singly or in the issued during this operational season. common moorhens, and common snipe. aggregate, including no more than 6 No more than 3 tundra swans may be The season may be split into two each of either harlequin or long-tailed authorized per permit, with no more segments. ducks. Sea ducks include scoters, than 1 permit issued per hunter per Daily Bag Limits: Ducks—Not to exceed 6. common and king eiders, harlequin season. ducks, long-tailed ducks, and common Common moorhens—Not to exceed 6. D. In Game Management Unit (GMU) and red-breasted mergansers. Common snipe—Not to exceed 8. Light Geese—A basic daily bag limit 18, no more than 500 permits may be Closed Seasons: The season is closed of 4 and a possession limit of 8. issued during the operational season. on the ruddy duck, white-cheeked Dark Geese—A basic daily bag limit of Up to 3 tundra swans may be authorized pintail, West Indian whistling duck, 4 and a possession limit of 8. per permit. No more than 1 permit may fulvous whistling duck, and masked Dark-goose seasons are subject to the be issued per hunter per season. duck, which are protected by the following exceptions: E. In GMU 22, no more than 300 Commonwealth of Puerto Rico. The A. In Units 5 and 6, the taking of permits may be issued during the season also is closed on the purple Canada geese is permitted from operational season. Each permittee may gallinule, American coot, and Caribbean September 28 through December 16. be authorized to take up to 3 tundra coot. B. On Middleton Island in Unit 6, a swans per permit. No more than 1 Closed Areas: There is no open season special, permit-only Canada goose permit may be issued per hunter per on ducks, common moorhens, and season may be offered. A mandatory season. common snipe in the Municipality of goose identification class is required. F. In GMU 23, no more than 300 Culebra and on Desecheo Island. Hunters must check in and check out. permits may be issued during the Virgin Islands The bag limit is 1 daily and 1 in operational season. No more than 3 possession. The season will close if tundra swans may be authorized per Doves and Pigeons incidental harvest includes 5 dusky permit, with no more than 1 permit Outside Dates: Between September 1 Canada geese. A dusky Canada goose is issued per hunter per season. and January 15. any dark-breasted Canada goose Hawaii Hunting Seasons: Not more than 60 (Munsell 10 YR color value five or less) days for Zenaida doves. with a bill length between 40 and 50 Outside Dates: Between October 1 and Daily Bag and Possession Limits: Not millimeters. January 31. to exceed 10 Zenaida doves.

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Closed Seasons: No open season is Geneva, Henry, Houston, and Mobile South Zone—That portion of the State prescribed for ground or quail doves or Counties. south and west of a line beginning at the pigeons. North Zone—Remainder of the State. International Bridge south of Del Rio, Closed Areas: There is no open season California proceeding east on U.S. 90 to State Loop for migratory game birds on Ruth Cay 1604 west of San Antonio; then south, (just south of St. Croix). White-winged Dove Open Areas— east, and north along Loop 1604 to Local Names for Certain Birds: Imperial, Riverside, and San Bernardino Interstate Highway 10 east of San Zenaida dove, also known as mountain Counties. Antonio; then east on I–10 to Orange, dove; bridled quail-dove, also known as Florida Texas. Barbary dove or partridge; Common ground-dove, also known as stone dove, Northwest Zone—The Counties of Special White-winged Dove Area in tobacco dove, rola, or tortolita; scaly- Bay, Calhoun, Escambia, Franklin, the South Zone—That portion of the naped pigeon, also known as red-necked Gadsden, Gulf, Holmes, Jackson, State south and west of a line beginning or scaled pigeon. Liberty, Okaloosa, Santa Rosa, Walton, at the International Bridge south of Del Washington, Leon (except that portion Rio, proceeding east on U.S. 90 to State Ducks north of U.S. 27 and east of State Road Loop 1604 west of San Antonio, Outside Dates: Between December 1 155), Jefferson (south of U.S. 27, west of southeast on State Loop 1604 to and January 31. State Road 59 and north of U.S. 98), and Interstate Highway 35, southwest on Hunting Seasons: Not more than 55 Wakulla (except that portion south of Interstate Highway 35 to TX 44; east consecutive days. U.S. 98 and east of the St. Marks River). along TX 44 to TX 16 at Freer; south Daily Bag Limits: Not to exceed 6. South Zone—Remainder of State. along TX 16 to FM 649 in Randado; Closed Seasons: The season is closed south on FM 649 to FM 2686; east on Louisiana on the ruddy duck, white-cheeked FM 2686 to FM 1017; southeast on FM pintail, West Indian whistling duck, North Zone—That portion of the State 1017 to TX 186 at Linn; east along TX fulvous whistling duck, and masked north of a line extending east from the 186 to the Mansfield Channel at Port duck. Texas border along State Highway 12 to Mansfield; east along the Mansfield U.S. Highway 190, east along U.S. 190 Special Falconry Regulations Channel to the Gulf of Mexico. to Interstate Highway 12, east along Area with additional restrictions— Falconry is a permitted means of Interstate 12 to Interstate Highway 10, Cameron, Hidalgo, Starr, and Willacy taking migratory game birds in any State then east along Interstate Highway 10 to Counties. meeting Federal falconry standards in the Mississippi border. 50 CFR 21.29. These States may select South Zone—The remainder of the Central Zone—That portion of the an extended season for taking migratory State. State lying between the North and South game birds in accordance with the Zones. following: Mississippi Extended Seasons: For all hunting North Zone—That portion of the State Band-Tailed Pigeons methods combined, the combined north and west of a line extending west California length of the extended season, regular from the Alabama State line along U.S. season, and any special or experimental Highway 84 to its junction with State North Zone—Alpine, Butte, Del Norte, seasons must not exceed 107 days for Highway 35, then south along State Glenn, Humboldt, Lassen, Mendocino, any species or group of species in a Highway 35 to the Louisiana State line. Modoc, Plumas, Shasta, Sierra, geographical area. Each extended season South Zone—The remainder of Siskiyou, Tehama, and Trinity Counties. may be divided into a maximum of 3 Mississippi. South Zone—The remainder of the segments. State. Framework Dates: Seasons must fall Nevada between September 1 and March 10. White-winged Dove Open Areas— New Mexico Daily Bag and Possession Limits: Clark and Nye Counties. North Zone—North of a line following Falconry daily bag and possession limits Oklahoma for all permitted migratory game birds U.S. 60 from the Arizona State line east must not exceed 3 and 6 birds, North Zone—That portion of the State to I–25 at Socorro and then south along respectively, singly or in the aggregate, north of a line extending east from the I–25 from Socorro to the Texas State during extended falconry seasons, any Texas border along U.S. Highway 62 to line. special or experimental seasons, and Interstate 44, east along Oklahoma State South Zone—The remainder of the regular hunting seasons in all States, Highway 7 to U.S. Highway 81, then State. including those that do not select an south along U.S. Highway 81 to the extended falconry season. Texas border at the Red River. Washington Regular Seasons: General hunting Southwest Zone—The remainder of Oklahoma. Western Washington—The State of regulations, including seasons and Washington excluding those portions hunting hours, apply to falconry in each Texas lying east of the Pacific Crest Trail and State listed in 50 CFR 21.29. Regular- North Zone—That portion of the State east of the Big White Salmon River in season bag and possession limits do not Klickitat County. apply to falconry. The falconry bag limit north of a line beginning at the International Bridge south of Fort is not in addition to gun limits. Woodcock Hancock; north along FM 1088 to TX 20; Area, Unit, and Zone Descriptions west along TX 20 to TX 148; north along New Jersey Mourning and White-Winged Doves TX 148 to I–10 at Fort Hancock; east along I–10 to I–20; northeast along North Zone—That portion of the State Alabama I–20 to I–30 at Fort Worth; northeast north of NJ 70. South Zone—Baldwin, Barbour, along I–30 to the Texas–Arkansas State South Zone—The remainder of the Coffee, Covington, Dale, Escambia, line. State.

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Special September Canada Goose Eastern Long Island Goose Area (NAP County line to US 17 in Midway, US 17 Seasons High Harvest Area)—That area of in Midway to US 13 in Windsor to the Atlantic Flyway Suffolk County lying east of a Hertford County line; and that portion continuous line extending due south of Northampton County that is north of Connecticut from the New York-Connecticut US 158 and east of NC 35. boundary to the northernmost end of North Zone—That portion of the State Pennsylvania north of I–95. Roanoke Avenue in the Town of Southern James Bay Population (SJBP) South Zone—The remainder of the Riverhead; then south on Roanoke Zone—The area north of I–80 and west State. Avenue (which becomes County Route 73) to State Route 25; then west on of I–79, including in the city of Erie Maryland Route 25 to Peconic Avenue; then south west of Bay Front Parkway to and including the Lake Erie Duck Zone Eastern Unit—Calvert, Caroline, Cecil, on Peconic Avenue to County Route (Lake Erie, Presque Isle, and the area Dorchester, Harford, Kent, Queen (CR) 104 (Riverleigh Avenue); then within 150 yards of the Lake Erie Anne’s, St. Mary’s, Somerset, Talbot, south on CR 104 to CR 31 (Old Shoreline). Wicomico, and Worcester Counties; and Riverhead Road); then south on CR 31 that part of Anne Arundel County east to Oak Street; then south on Oak Street Vermont of Interstate 895, Interstate 97 and Route to Potunk Lane; then west on Stevens Lane; then south on Jessup Avenue (in Lake Champlain Zone—The U.S. 3; that part of Prince George’s County portion of Lake Champlain and that area east of Route 3 and Route 301; and that Westhampton Beach) to Dune Road (CR 89); then due south to international north and west of the line extending part of Charles County east of Route 301 from the New York border along U.S. 4 to the Virginia State line. waters. Western Long Island Goose Area (RP to VT 22A at Fair Haven; VT 22A to U.S. Western Unit—Allegany, Baltimore, Area)—That area of Westchester County 7 at Vergennes; U.S. 7 to the Canadian Carroll, Frederick, Garrett, Howard, and its tidal waters southeast of border. Montgomery, and Washington Counties Interstate Route 95 and that area of Interior Zone—That portion of and that part of Anne Arundel County Nassau and Suffolk Counties lying west Vermont west of the Lake Champlain west of Interstate 895, Interstate 97 and of a continuous line extending due Zone and eastward of a line extending Route 3; that part of Prince George’s south from the New York-Connecticut from the Massachusetts border at County west of Route 3 and Route 301; boundary to the northernmost end of the Interstate 91; north along Interstate 91 to and that part of Charles County west of Sunken Meadow State Parkway; then US 2; east along US 2 to VT 102; north Route 301 to the Virginia State line. south on the Sunken Meadow Parkway along VT 102 to VT 253; north along VT Massachusetts to the Sagtikos State Parkway; then 253 to the Canadian border. south on the Sagtikos Parkway to the Connecticut River Zone—The Western Zone—That portion of the Robert Moses State Parkway; then south remaining portion of Vermont east of State west of a line extending south on the Robert Moses Parkway to its the Interior Zone. from the Vermont border on I–91 to MA southernmost end; then due south to 9, west on MA 9 to MA 10, south on MA Mississippi Flyway international waters. Arkansas 10 to U.S. 202, south on U.S. 202 to the Central Long Island Goose Area (NAP Connecticut border. Low Harvest Area)—That area of Suffolk Early Canada Goose Area—Baxter, Central Zone—That portion of the County lying between the Western and Benton, Boone, Carroll, Clark, Conway, State east of the Berkshire Zone and Eastern Long Island Goose Areas, as Crawford, Faulkner, Franklin, Garland, west of a line extending south from the defined above. Hempstead, Hot Springs, Howard, New Hampshire border on I–95 to U.S. Western Zone—That area west of a Johnson, Lafayette, Little River, Logan, 1, south on U.S. 1 to I–93, south on I– line extending from Lake Ontario east Madison, Marion, Miller, Montgomery, 93 to MA 3, south on MA 3 to U.S. 6, along the north shore of the Salmon Newton, Perry, Pike, Polk, Pope, west on U.S. 6 to MA 28, west on MA River to I–81, and south along I–81 to Pulaski, Saline, Searcy, Sebastian, 28 to I–195, west to the Rhode Island the Pennsylvania border. Sevier, Scott, Van Buren, Washington, border; except the waters, and the lands Northeastern Zone—That area north and Yell Counties. 150 yards inland from the high-water of a line extending from Lake Ontario Illinois mark, of the Assonet River upstream to east along the north shore of the Salmon the MA 24 bridge, and the Taunton River to I–81, south along I–81 to NY 49, Northeast Canada Goose Zone—Cook, River upstream to the Center St.–Elm St. east along NY 49 to NY 365, east along Du Page, Grundy, Kane, Kankakee, bridge will be in the Coastal Zone. NY 365 to NY 28, east along NY 28 to Kendall, Lake, McHenry, and Will Coastal Zone—That portion of NY 29, east along NY 29 to I–87, north Counties. Massachusetts east and south of the along I–87 to U.S. 9 (at Exit 20), north North Zone—That portion of the State Central Zone. along U.S. 9 to NY 149, east along NY outside the Northeast Canada Goose Zone and north of a line extending west New York 149 to U.S. 4, north along U.S. 4 to the Vermont border, exclusive of the Lake from the Indiana border along Peotone– Lake Champlain Zone—The U.S. Champlain Zone. Beecher Road to Illinois Route 50, south portion of Lake Champlain and that area Southeastern Zone—The remaining along Illinois Route 50 to Wilmington– east and north of a line extending along portion of New York. Peotone Road, west along Wilmington– NY 9B from the Canadian border to U.S. Peotone Road to Illinois Route 53, north 9, south along U.S. 9 to NY 22 south of North Carolina along Illinois Route 53 to New River Keesville; south along NY 22 to the west Northeast Hunt Unit—Camden, Road, northwest along New River Road shore of South Bay, along and around Chowan, Currituck, Dare, Hyde, to Interstate Highway 55, south along I– the shoreline of South Bay to NY 22 on Pasquotank, Perquimans, Tyrrell, and 55 to Pine Bluff–Lorenzo Road, west the east shore of South Bay; southeast Washington Counties; that portion of along Pine Bluff–Lorenzo Road to along NY 22 to U.S. 4, northeast along Bertie County north and east of a line Illinois Route 47, north along Illinois U.S. 4 to the Vermont border. formed by NC 45 at the Washington Route 47 to I–80, west along I–80 to I–

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39, south along I–39 to Illinois Route 18, Avenue; then north along Green Castle County Road C66, then east along west along Illinois Route 18 to Illinois Avenue to County Road F12; then west County Road C66 to the point of Route 29, south along Illinois Route 29 along County Road F12 to County Road beginning. to Illinois Route 17, west along Illinois W30; then north along County Road Minnesota Route 17 to the Mississippi River, and W30 to Highway 151; then north along due south across the Mississippi River the Linn–Benton County line to the Twin Cities Metropolitan Canada to the Iowa border. point of beginning. Goose Zone— Central Zone—That portion of the Des Moines Goose Zone—Includes A. All of Hennepin and Ramsey State outside the Northeast Canada those portions of Polk, Warren, Madison Counties. Goose Zone and south of the North Zone and Dallas Counties bounded as follows: B. In Anoka County, all of Columbus to a line extending west from the Beginning at the intersection of Township lying south of County State Indiana border along Interstate Highway Northwest 158th Avenue and County Aid Highway (CSAH) 18, Anoka 70 to Illinois Route 4, south along Road R38 in Polk County; then south County; all of the cities of Ramsey, Illinois Route 4 to Illinois Route 161, along R38 to Northwest 142nd Avenue; Andover, Anoka, Coon Rapids, Spring west along Illinois Route 161 to Illinois then east along Northwest 142nd Lake Park, Fridley, Hilltop, Columbia Route 158, south and west along Illinois Avenue to Northeast 126th Avenue; Heights, Blaine, Lexington, Circle Pines, Route 158 to Illinois Route 159, south then east along Northeast 126th Avenue Lino Lakes, and Centerville; and all of along Illinois Route 159 to Illinois Route to Northeast 46th Street; then south the city of Ham Lake except that portion 156, west along Illinois Route 156 to A along Northeast 46th Street to Highway lying north of CSAH 18 and east of U.S. Road, north and west on A Road to 931; then east along Highway 931 to Highway 65. Levee Road, north on Levee Road to the Northeast 80th Street; then south along C. That part of Carver County lying south shore of New Fountain Creek, Northeast 80th Street to Southeast 6th north and east of the following west along the south shore of New Avenue; then west along Southeast 6th described line: Beginning at the Fountain Creek to the Mississippi River, Avenue to Highway 65; then south and northeast corner of San Francisco and due west across the Mississippi west along Highway 65 to Highway 69 Township; then west along the north River to the Missouri border. in Warren County; then south along boundary of San Francisco Township to South Zone—The remainder of Highway 69 to County Road G24; then the east boundary of Dahlgren Illinois. west along County Road G24 to Township; then north along the east boundary of Dahlgren Township to U.S. Iowa Highway 28; then southwest along Highway 28 to 43rd Avenue; then north Highway 212; then west along U.S. North Zone—That portion of the State along 43rd Avenue to Ford Street; then Highway 212 to State Trunk Highway north of U.S. Highway 20. west along Ford Street to Filmore Street; (STH) 284; then north on STH 284 to South Zone—The remainder of Iowa. then west along Filmore Street to 10th County State Aid Highway (CSAH) 10; Cedar Rapids/Iowa City Goose Zone— Avenue; then south along 10th Avenue then north and west on CSAH 10 to Includes portions of Linn and Johnson to 155th Street in Madison County; then CSAH 30; then north and west on CSAH Counties bounded as follows: Beginning west along 155th Street to Cumming 30 to STH 25; then east and north on at the intersection of the west border of Road; then north along Cumming Road STH 25 to CSAH 10; then north on Linn County and Linn County Road to Badger Creek Avenue; then north CSAH 10 to the Carver County line. E2W; then south and east along County along Badger Creek Avenue to County D. In Scott County, all of the cities of Road E2W to Highway 920; then north Road F90 in Dallas County; then east Shakopee, Savage, Prior Lake, and along Highway 920 to County Road E16; along County Road F90 to County Road Jordan, and all of the Townships of then east along County Road E16 to R22; then north along County Road R22 Jackson, Louisville, St. Lawrence, Sand County Road W58; then south along to Highway 44; then east along Highway Creek, Spring Lake, and Credit River. County Road W58 to County Road E34; 44 to County Road R30; then north E. In Dakota County, all of the cities then east along County Road E34 to along County Road R30 to County Road of Burnsville, Eagan, Mendota Heights, Highway 13; then south along Highway F31; then east along County Road F31 Mendota, Sunfish Lake, Inver Grove 13 to Highway 30; then east along to Highway 17; then north along Heights, Apple Valley, Lakeville, Highway 30 to Highway 1; then south Highway 17 to Highway 415 in Polk Rosemount, Farmington, Hastings, along Highway 1 to Morse Road in County; then east along Highway 415 to Lilydale, West St. Paul, and South St. Johnson County; then east along Morse Northwest 158th Avenue; then east Paul, and all of the Township of Road to Wapsi Avenue; then south along Northwest 158th Avenue to the Nininger. along Wapsi Avenue to Lower West point of beginning. F. That portion of Washington County Branch Road; then west along Lower Cedar Falls/Waterloo Goose Zone— lying south of the following described West Branch Road to Taft Avenue; then Includes those portions of Black Hawk line: Beginning at County State Aid south along Taft Avenue to County Road County bounded as follows: Beginning Highway (CSAH) 2 on the west F62; then west along County Road F62 at the intersection of County Roads C66 boundary of the county; then east on to Kansas Avenue; then north along and V49 in Black Hawk County, then CSAH 2 to U.S. Highway 61; then south Kansas Avenue to Black Diamond Road; south along County Road V49 to County on U.S. Highway 61 to State Trunk then west on Black Diamond Road to Road D38, then west along County Road Highway (STH) 97; then east on STH 97 Jasper Avenue; then north along Jasper D38 to State Highway 21, then south to the intersection of STH 97 and STH Avenue to Rohert Road; then west along along State Highway 21 to County Road 95; then due east to the east boundary Rohert Road to Ivy Avenue; then north D35, then west along County Road D35 of the State. along Ivy Avenue to 340th Street; then to Grundy Road, then north along Northwest Goose Zone—That portion west along 340th Street to Half Moon Grundy Road to County Road D19, then of the State encompassed by a line Avenue; then north along Half Moon west along County Road D19 to Butler extending east from the North Dakota Avenue to Highway 6; then west along Road, then north along Butler Road to border along U.S. Highway 2 to State Highway 6 to Echo Avenue; then north County Road C57, then north and east Trunk Highway (STH) 32, north along along Echo Avenue to 250th Street; then along County Road C57 to U.S. Highway STH 32 to STH 92, east along STH 92 east on 250th Street to Green Castle 63, then south along U.S. Highway 63 to to County State Aid Highway (CSAH) 2

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in Polk County, north along CSAH 2 to Wisconsin Highway 83; that portion of Bon CSAH 27 in Pennington County, north Early-Season Subzone A—That Homme, Brule, Buffalo, Charles Mix, along CSAH 27 to STH 1, east along portion of the State encompassed by a and Hyde County south and west of a STH 1 to CSAH 28 in Pennington line beginning at the intersection of U.S. line beginning at the Hughes–Hyde County, north along CSAH 28 to CSAH Highway 141 and the Michigan border County line of SD Highway 34, east to 54 in Marshall County, north along near Niagara, then south along U.S. 141 Lees Boulevard, southeast to SD 34, east CSAH 54 to CSAH 9 in Roseau County, to State Highway 22, west and 7 miles to 350th Avenue, south to I–90, north along CSAH 9 to STH 11, west southwest along State 22 to U.S. 45, south and east on SD Highway 50 to along STH 11 to STH 310, and north south along U.S. 45 to State 22, west Geddes, east on 285th Street to US along STH 310 to the Manitoba border. and south along State 22 to State 110, Highway 281, south on US Highway 281 Southeast Goose Zone—That part of south along State 110 to U.S. 10, south to SD 50, east and south on SD 50 to the the State within the following described along U.S. 10 to State 49, south along Bon Homme–Yankton County boundaries: beginning at the State 49 to State 23, west along State 23 boundary; that portion of Fall River intersection of U.S. Highway 52 and the County east of SD Highway 71 and US south boundary of the Twin Cities to State 73, south along State 73 to State 60, west along State 60 to State 23, Highway 385; that portion of Custer Metro Canada Goose Zone; then along County east of SD Highway 79 and the U.S. Highway 52 to State Trunk south along State 23 to State 11, east along State 11 to State 78, then south south of French Creek; that portion of Highway (STH) 57; then along STH 57 Dewey County south of BIA Road 8, BIA to the municipal boundary of Kasson; along State 78 to the Illinois border. Early-Season Subzone B—The Road 9, and the section of US 212 east then along the municipal boundary of of BIA Road 8 junction. Kasson County State Aid Highway remainder of the State. (CSAH) 13, Dodge County; then along Central Flyway Pacific Flyway CSAH 13 to STH 30; then along STH 30 Nebraska Idaho to U.S. Highway 63; then along U.S. East Zone—Bonneville, Caribou, Highway 63 to the south boundary of September Canada Goose Unit—That the State; then along the south and east part of Nebraska bounded by a line from Fremont, and Teton Counties. boundaries of the State to the south the Nebraska–Iowa State line west on Oregon U.S. Highway 30 to US Highway 81, boundary of the Twin Cities Metro Northwest Zone—Benton, Clackamas, then south on US Highway 81 to NE Canada Goose Zone; then along said Clatsop, Columbia, Lane, Lincoln, Linn, Highway 64, then east on NE Highway boundary to the point of beginning. Marion, Polk, Multnomah, Tillamook, Five Goose Zone—That portion of the 64 to NE Highway 15, then south on NE Washington, and Yamhill Counties. State not included in the Twin Cities Highway 15 to NE Highway 41, then Southwest Zone—Coos, Curry, Metropolitan Canada Goose Zone, the east on NE Highway 41 to NE Highway Douglas, Jackson, Josephine, and Northwest Goose Zone, or the Southeast 50, then north on NE Highway 50 to NE Klamath Counties. Goose Zone. Highway 2, then east on NE Highway 2 East Zone—Baker, Gilliam, Malheur, West Zone—That portion of the State to the Nebraska–Iowa State line. Morrow, Sherman, Umatilla, Union, and encompassed by a line beginning at the Wasco Counties. junction of State Trunk Highway (STH) North Dakota 60 and the Iowa border, then north and Missouri River Canada Goose Zone— Washington east along STH 60 to U.S. Highway 71, The area within and bounded by a line Area 1—Skagit, Island, and north along U.S. 71 to I–94, then north starting where ND Hwy 6 crosses the Snohomish Counties. and west along I–94 to the North Dakota South Dakota border; then north on ND Area 2A (SW Quota Zone)—Clark border. Hwy 6 to I–94; then west on I–94 to ND County, except portions south of the Hwy 49; then north on ND Hwy 49 to Tennessee Washougal River; Cowlitz County; and ND Hwy 200; then north on Mercer Wahkiakum County. Middle Tennessee Zone—Those County Rd. 21 to the section line Area 2B (SW Quota Zone)—Pacific portions of Houston, Humphreys, between sections 8 and 9 (T146N– County. Montgomery, Perry, and Wayne R87W); then north on that section line Area 3—All areas west of the Pacific Counties east of State Highway 13; and to the southern shoreline to Lake Crest Trail and west of the Big White Bedford, Cannon, Cheatham, Coffee, Sakakawea; then east along the southern Salmon River that are not included in Davidson, Dickson, Franklin, Giles, shoreline (including Mallard Island) of Areas 1, 2A, and 2B. Hickman, Lawrence, Lewis, Lincoln, Lake Sakakawea to US Hwy 83; then Area 4—Adams, Benton, Chelan, Macon, Marshall, Maury, Moore, south on US Hwy 83 to ND Hwy 200; Douglas, Franklin, Grant, Kittitas, Robertson, Rutherford, Smith, Sumner, then east on ND Hwy 200 to ND Hwy Lincoln, Okanogan, Spokane, and Walla Trousdale, Williamson, and Wilson 41; then south on ND Hwy 41 to US Walla Counties. Counties. Hwy 83; then south on US Hwy 83 to Area 5—All areas east of the Pacific East Tennessee Zone—Anderson, I–94; then east on I–94 to US Hwy 83; Crest Trail and east of the Big White Bledsoe, Bradley, Blount, Campbell, then south on US Hwy 83 to the South Salmon River that are not included in Carter, Claiborne, Clay, Cocke, Dakota border; then west along the Area 4. Cumberland, DeKalb, Fentress, South Dakota border to ND Hwy 6. Grainger, Greene, Grundy, Hamblen, Rest of State: Remainder of North Ducks Hamilton, Hancock, Hawkins, Jackson, Dakota. Atlantic Flyway Jefferson, Johnson, Knox, Loudon, Marion, McMinn, Meigs, Monroe, South Dakota New York Morgan, Overton, Pickett, Polk, Putnam, Special Early Canada Goose Unit— Lake Champlain Zone—The U.S. Rhea, Roane, Scott, Sequatchie, Sevier, Entire State of South Dakota except the portion of Lake Champlain and that area Sullivan, Unicoi, Union, Van Buren, Counties of Bennett, Gregory, Hughes, east and north of a line extending along Warren, Washington, and White Lyman, Perkins, and Stanley; that NY 9B from the Canadian border to U.S. Counties. portion of Potter County west of US 9, south along U.S. 9 to NY 22 south of

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Keesville; south along NY 22 to the west Nebraska border along State Highway line; south along Interstate 5 to its shore of South Bay, along and around 175 to State Highway 37, southeast junction with Walters Lane south of the the shoreline of South Bay to NY 22 on along State Highway 37 to State town of Yreka; west along Walters Lane the east shore of South Bay; southeast Highway 183, northeast along State to its junction with Easy Street; south along NY 22 to U.S. 4, northeast along Highway 183 to State Highway 141, east along Easy Street to the junction with U.S. 4 to the Vermont border. along State Highway 141 to U.S. Old Highway 99; south along Old Long Island Zone—That area Highway 30, then east along U.S. Highway 99 to the point of intersection consisting of Nassau County, Suffolk Highway 30 to the Illinois border. with Interstate 5 north of the town of County, that area of Westchester County South Zone—The remainder of Iowa. Weed; south along Interstate 5 to its southeast of I–95, and their tidal waters. junction with Highway 89; east and Western Zone—That area west of a Central Flyway south along Highway 89 to Main Street line extending from Lake Ontario east Colorado Greenville; north and east to its junction along the north shore of the Salmon Special Teal Season Area—Lake and with North Valley Road; south to its River to I–81, and south along I–81 to Chaffee Counties and that portion of the junction of Diamond Mountain Road; the Pennsylvania border. State east of Interstate Highway 25. north and east to its junction with North Northeastern Zone—That area north Arm Road; south and west to the of a line extending from Lake Ontario Kansas junction of North Valley Road; south to east along the north shore of the Salmon High Plains Zone—That portion of the the junction with Arlington Road (A22); River to I–81, south along I–81 to NY 49, State west of U.S. 283. west to the junction of Highway 89; east along NY 49 to NY 365, east along Low Plains Early Zone—That area of south and west to the junction of NY 365 to NY 28, east along NY 28 to Kansas east of U.S. 283, and generally Highway 70; east on Highway 70 to NY 29, east along NY 29 to I–87, north west of a line beginning at the Junction Highway 395; south and east on along I–87 to U.S. 9 (at Exit 20), north of the Nebraska State line and KS 28; Highway 395 to the point of intersection along U.S. 9 to NY 149, east along NY south on KS 28 to U.S. 36; east on U.S. with the California–Nevada State line; 149 to U.S. 4, north along U.S. 4 to the 36 to KS 199; south on KS 199 to north along the California–Nevada State Vermont border, exclusive of the Lake Republic Co. Road 563; south on line to the junction of the California– Champlain Zone. Republic Co. Road 563 to KS 148; east Nevada–Oregon State lines west along Southeastern Zone—The remaining the California–Oregon State line to the portion of New York. on KS 148 to Republic Co. Road 138; south on Republic Co. Road 138 to point of origin. Colorado River Zone—Those portions Maryland Cloud Co. Road 765; south on Cloud Co. of San Bernardino, Riverside, and Road 765 to KS 9; west on KS 9 to U.S. Special Teal Season Area—Calvert, Imperial Counties east of a line 24; west on U.S. 24 to U.S. 281; north Caroline, Cecil, Dorchester, Harford, extending from the Nevada border south Kent, Queen Anne’s, St. Mary’s, on U.S. 281 to U.S. 36; west on U.S. 36 along U.S. 95 to Vidal Junction; south Somerset, Talbot, Wicomico, and to U.S. 183; south on U.S. 183 to U.S. on a road known as ‘‘Aqueduct Road’’ in Worcester Counties; that part of Anne 24; west on U.S. 24 to KS 18; southeast San Bernardino County through the Arundel County east of Interstate 895, on KS 18 to U.S. 183; south on U.S. 183 town of Rice to the San Bernardino– Interstate 97, and Route 3; that part of to KS 4; east on KS 4 to I–135; south on Riverside County line; south on a road Prince Georges County east of Route 3 I–135 to KS 61; southwest on KS 61 to known in Riverside County as the and Route 301; and that part of Charles KS 96; northwest on KS 96 to U.S. 56; ‘‘Desert Center to Rice Road’’ to the town County east of Route 301 to the Virginia west on U.S. 56 to U.S. 281; south on of Desert Center; east 31 miles on I–10 State Line. U.S. 281 to U.S. 54; west on U.S. 54 to to the Wiley Well Road; south on this U.S. 183; north on U.S. 183 to U.S. 56; Mississippi Flyway road to Wiley Well; southeast along the and southwest on U.S. 56 to U.S. 283. Army–Milpitas Road to the Blythe, Indiana Low Plains Late Zone—The Brawley, Davis Lake intersections; south North Zone—That portion of the State remainder of Kansas. on the Blythe–Brawley paved road to north of a line extending east from the Nebraska the Ogilby and Tumco Mine Road; south Illinois border along State Road 18 to on this road to U.S. 80; east 7 miles on Special Teal Season Area—That U.S. Highway 31, north along U.S. 31 to U.S. 80 to the Andrade–Algodones portion of the State south of a line U.S. 24, east along U.S. 24 to Road; south on this paved road to the beginning at the Wyoming State line; Huntington, then southeast along U.S. Mexican border at Algodones, Mexico. east along U.S. 26 to Nebraska Highway 224 to the Ohio border. Southern Zone—That portion of L62A east to U.S. 385; south to U.S. 26; Ohio River Zone—That portion of the southern California (but excluding the east to NE 92; east along NE 92 to NE State south of a line extending east from Colorado River Zone) south and east of 61; south along NE 61 to U.S. 30; east the Illinois border along Interstate a line extending from the Pacific Ocean along U.S. 30 to the Iowa border. Highway 64 to New Albany, east along east along the Santa Maria River to CA State Road 62 to State 56, east along New Mexico (Central Flyway Portion) 166 near the City of Santa Maria; east on State 56 to Vevay, east and north on CA 166 to CA 99; south on CA 99 to the North Zone—That portion of the State crest of the Tehachapi Mountains at State 156 along the Ohio River to North north of I–40 and U.S. 54. Landing, north along State 56 to U.S. Tejon Pass; east and north along the South Zone—The remainder of New crest of the Tehachapi Mountains to CA Highway 50, then northeast along U.S. Mexico. 50 to the Ohio border. 178 at Walker Pass; east on CA 178 to South Zone—That portion of the State Pacific Flyway U.S. 395 at the town of Inyokern; south on U.S. 395 to CA 58; east on CA 58 to between the North and Ohio River Zone California boundaries. I–15; east on I–15 to CA 127; north on Northeastern Zone—In that portion of CA 127 to the Nevada border. Iowa California lying east and north of a line Southern San Joaquin Valley North Zone—That portion of the State beginning at the intersection of Temporary Zone—All of Kings and north of a line extending east from the Interstate 5 with the California–Oregon Tulare Counties and that portion of

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Kern County north of the Southern along STH 11 to STH 310, and north Zone B—That portion of Texas lying Zone. along STH 310 to the Manitoba border. within boundaries beginning at the Balance-of-the-State Zone—The junction of U.S. Highway 81 and the Central Flyway remainder of California not included in Texas–Oklahoma State line, then the Northeastern, Southern, and Colorado—The Central Flyway southeast along U.S. Highway 81 to its Colorado River Zones, and the Southern portion of the State except the San Luis junction with U.S. Highway 287 in San Joaquin Valley Temporary Zone. Valley (Alamosa, Conejos, Costilla, Montague County, then southeast along Hinsdale, Mineral, Rio Grande, and U.S. Highway 287 to its junction with Canada Geese Saguache Counties east of the Interstate Highway 35W in Fort Worth, Michigan Continental Divide) and North Park then southwest along Interstate (Jackson County). Highway 35 to its junction with Mississippi Valley Population (MVP)– Kansas—That portion of the State Interstate Highway 10 in San Antonio, Upper Peninsula Zone—The MVP– west of a line beginning at the then northwest along Interstate Highway Upper Peninsula Zone consists of the Oklahoma border, north on I–35 to 10 to its junction with U.S. Highway 83 entire Upper Peninsula of Michigan. Wichita, north on I–135 to Salina, and in the town of Junction, then north MVP–Lower Peninsula Zone—The north on U.S. 81 to the Nebraska border. along U.S. Highway 83 to its junction MVP–Lower Peninsula Zone consists of Montana—The Central Flyway with U.S. Highway 62, 16 miles north of the area within the Lower Peninsula of portion of the State except for that area Childress, then east along U.S. Highway Michigan that is north and west of the south and west of Interstate 90, which 62 to the Texas–Oklahoma State line, point beginning at the southwest corner is closed to sandhill crane hunting. then south along the Texas–Oklahoma of Branch County, north continuing State line to the south bank of the Red New Mexico along the western border of Branch and River, then eastward along the Calhoun Counties to the northwest Regular-Season Open Area—Chaves, vegetation line on the south bank of the corner of Calhoun County, then east to Curry, De Baca, Eddy, Lea, Quay, and Red River to U.S. Highway 81. the southwest corner of Eaton County, Roosevelt Counties. Zone C—The remainder of the State, then north to the southern border of Middle Rio Grande Valley Area—The except for the closed areas. Ionia County, then east to the southwest Central Flyway portion of New Mexico Closed areas—(A) That portion of the corner of Clinton County, then north in Socorro and Valencia Counties. State lying east and north of a line along the western border of Clinton Estancia Valley Area—Those portions beginning at the junction of U.S. County continuing north along the of Santa Fe, Torrance and Bernallilo Highway 81 and the Texas–Oklahoma county border of Gratiot and Montcalm Counties within an area bounded on the State line, then southeast along U.S. Counties to the southern border of west by New Mexico Highway 55 Highway 81 to its junction with U.S. Isabella county, then east to the beginning at Mountainair north to NM Highway 287 in Montague County, then southwest corner of Midland County, 337, north to NM 14, north to I–25; on southeast along U.S. Highway 287 to its then north along the west Midland the north by I–25 east to U.S. 285; on junction with Interstate Highway 35W County border to Highway M–20, then the east by U.S. 285 south to U.S. 60; in Fort Worth, then southwest along easterly to U.S. Highway 10, then and on the south by U.S. 60 from U.S. Interstate Highway 35 to its junction easterly to I–75/U.S. 23, then northerly 285 west to NM 55 in Mountainair. with U.S. Highway 290 East in Austin, along I–75/U.S. 23 and easterly on U.S. Southwest Zone—Sierra, Luna, Dona then east along U.S. Highway 290 to its 23 to the centerline of the Au Gres Ana Counties, and those portions of junction with Interstate Loop 610 in River, then southerly along the Grant and Hidalgo Counties south of I– Harris County, then south and east centerline of the Au Gres River to 10. along Interstate Loop 610 to its junction Saginaw Bay, then on a line directly east with Interstate Highway 45 in Houston, 10 miles into Saginaw Bay, and from North Dakota then south on Interstate Highway 45 to that point on a line directly northeast to Area 1—That portion of the State west State Highway 342, then to the shore of the Canadian border. of U.S. 281. the Gulf of Mexico, and then north and SJBP Zone—The rest of the State, that Area 2—That portion of the State east east along the shore of the Gulf of area south and east of the boundary of U.S. 281. Mexico to the Texas–Louisiana State described above. Oklahoma—That portion of the State line. west of I–35. (B) That portion of the State lying Sandhill Cranes South Dakota—That portion of the within the boundaries of a line Mississippi Flyway State west of U.S. 281. beginning at the Kleberg-Nueces County line and the shore of the Gulf of Mexico, Minnesota Texas then west along the County line to Park Northwest Goose Zone—That portion Zone A—That portion of Texas lying Road 22 in Nueces County, then north of the State encompassed by a line west of a line beginning at the and west along Park Road 22 to its extending east from the North Dakota international toll bridge at Laredo, then junction with State Highway 358 in border along U.S. Highway 2 to State northeast along U.S. Highway 81 to its Corpus Christi, then west and north Trunk Highway (STH) 32, north along junction with Interstate Highway 35 in along State Highway 358 to its junction STH 32 to STH 92, east along STH 92 Laredo, then north along Interstate with State Highway 286, then north to County State Aid Highway (CSAH) 2 Highway 35 to its junction with along State Highway 286 to its junction in Polk County, north along CSAH 2 to Interstate Highway 10 in San Antonio, with Interstate Highway 37, then east CSAH 27 in Pennington County, north then northwest along Interstate Highway along Interstate Highway 37 to its along CSAH 27 to STH 1, east along 10 to its junction with U.S. Highway 83 junction with U.S. Highway 181, then STH 1 to CSAH 28 in Pennington at Junction, then north along U.S. north and west along U.S. Highway 181 County, north along CSAH 28 to CSAH Highway 83 to its junction with U.S. to its junction with U.S. Highway 77 in 54 in Marshall County, north along Highway 62, 16 miles north of Sinton, then north and east along U.S. CSAH 54 to CSAH 9 in Roseau County, Childress, then east along U.S. Highway Highway 77 to its junction with U.S. north along CSAH 9 to STH 11, west 62 to the Texas–Oklahoma State line. Highway 87 in Victoria, then south and

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east along U.S. Highway 87 to its Salt River Area—That portion of Guavate, west along Rio Guavate to junction with State Highway 35 at Port Lincoln County described in State Highway 1, southwest on Highway 1 to Lavaca, then north and east along State regulations. Highway 14, west on Highway 14 to Highway 35 to the south end of the Farson-Eden Area—Those portions of Highway 729, north on Highway 729 to Lavaca Bay Causeway, then south and Sweetwater and Sublette Counties Cidra Municipality boundary to the east along the shore of Lavaca Bay to its described in State regulations. point of the beginning. junction with the Port Lavaca Ship Uinta County Area—That portion of [FR Doc. 2010–21375 Filed 8–27–10; 8:45 am] Channel, then south and east along the Uinta County described in State BILLING CODE 4310–55–P Lavaca Bay Ship Channel to the Gulf of regulations. Mexico, and then south and west along All Migratory Game Birds in Alaska the shore of the Gulf of Mexico to the DEPARTMENT OF COMMERCE Kleberg-Nueces County line. North Zone—State Game Management Units 11–13 and 17–26. National Oceanic and Atmospheric Wyoming Gulf Coast Zone—State Game Administration Regular-Season Open Area— Management Units 5–7, 9, 14–16, and Campbell, Converse, Crook, Goshen, 10 (Unimak Island only). 50 CFR Part 648 Southeast Zone—State Game Laramie, Niobrara, Platte, and Weston [Docket No. 0908191244–91427ndash;02] Counties, and those portions of Johnson Management Units 1–4. County east of Interstates 25 and 90 and Pribilof and Aleutian Islands Zone— RIN 0648–XY35 Sheridan County east of Interstate 90. State Game Management Unit 10 (except Unimak Island). Fisheries of the Northeastern United Riverton-Boysen Unit—Portions of Kodiak Zone—State Game States; Summer Flounder Fishery; Fremont County. Management Unit 8. Commercial Quota Harvested for the Park and Big Horn County Unit— Commonwealth of Massachusetts Portions of Park and Big Horn Counties. All Migratory Game Birds in the Virgin Islands AGENCY: National Marine Fisheries Pacific Flyway Ruth Cay Closure Area—The island of Service (NMFS), National Oceanic and Arizona Ruth Cay, just south of St. Croix. Atmospheric Administration (NOAA), Commerce. Special-Season Area—Game All Migratory Game Birds in Puerto ACTION: Temporary rule; closure. Management Units 30A, 30B, 31, and Rico 32. SUMMARY: Municipality of Culebra Closure NMFS announces that the LCRV Crane Hunt Area (Gillespie Area—All of the municipality of 2010 summer flounder commercial Dam Hunt Area in Unit 39)—That Culebra. quota allocated to the Commonwealth of portion of the Gila River corridor in Desecheo Island Closure Area—All of Massachusetts has been harvested. Unit 39 south of Gillespie Dam and Desecheo Island. Vessels issued a commercial Federal north of Gila Bend located within the Mona Island Closure Area—All of fisheries permit for the summer following townships and ranges: T2S Mona Island. flounder fishery may not land summer R4W, T2S R5W, T3S R4W, T3S R5W, El Verde Closure Area—Those areas flounder in Massachusetts for the T4S R4W, and T5S R4W. of the municipalities of Rio Grande and remainder of calendar year 2010, unless additional quota becomes available Montana Loiza delineated as follows: (1) All lands between Routes 956 on the west through a transfer from another state. Special-Season Area—See State and 186 on the east, from Route 3 on the Regulations governing the summer regulations. north to the juncture of Routes 956 and flounder fishery require publication of this notification to advise Massachusetts Utah 186 (Km 13.2) in the south; (2) all lands between Routes 186 and 966 from the that the quota has been harvested and to Special-Season Area—Rich, Cache, juncture of 186 and 966 on the north, to advise vessel permit holders and dealer and Unitah Counties and that portion of the Caribbean National Forest Boundary permit holders that no commercial Box Elder County beginning on the on the south; (3) all lands lying west of quota is available for landing summer Utah–Idaho State line at the Box Elder– Route 186 for 1 kilometer from the flounder in Massachusetts. Cache County line; west on the State juncture of Routes 186 and 956 south to DATES: Effective 0001 hours, September line to the Pocatello Valley County Km 6 on Route 186; (4) all lands within 1, 2010, through 2400 hours, December Road; south on the Pocatello Valley Km 14 and Km 6 on the west and the 31, 2010. County Road to I–15; southeast on I–15 Caribbean National Forest Boundary on FOR FURTHER INFORMATION CONTACT: to SR–83; south on SR–83 to Lamp the east; and (5) all lands within the Sarah Heil, Fishery Management Junction; west and south on the Caribbean National Forest Boundary Specialist,(978) 281–9257. Promontory Point County Road to the whether private or public. SUPPLEMENTARY INFORMATION: tip of Promontory Point; south from Cidra Municipality and adjacent Regulations governing the summer Promontory Point to the Box Elder– areas—All of Cidra Municipality and flounder fishery are found at 50 CFR Weber County line; east on the Box portions of Aguas Buenas, Caguas, part 648. The regulations require annual Elder–Weber County line to the Box Cayey, and Comerio Municipalities as specification of a commercial quota that Elder–Cache County line; north on the encompassed within the following is apportioned on a percentage basis Box Elder–Cache County line to the boundary: Beginning on Highway 172 as among the coastal states from North Utah–Idaho State line. it leaves the municipality of Cidra on Carolina through Maine. The process to Wyoming the west edge, north to Highway 156, set the annual commercial quota and the east on Highway 156 to Highway 1, percent allocated to each state is Bear River Area—That portion of south on Highway 1 to Highway 765, described in § 648.100. Lincoln County described in State south on Highway 765 to Highway 763, The initial total commercial quota for regulations. south on Highway 763 to the Rio summer flounder for the 2010 calendar

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year was set equal to 13,278,001 lb DEPARTMENT OF COMMERCE of the 2010 TAC of pollock in Statistical (6,023 mt) (74 FR 67978, December 22, Area 630 of the GOA will soon be 2009). The percent allocated to vessels National Oceanic and Atmospheric reached. Therefore, the Regional landing summer flounder in Administration Administrator is establishing a directed Massachusetts is 6.82046 percent, fishing allowance of 4,846 mt, and is resulting in a commercial quota of 50 CFR Part 679 setting aside the remaining 10 mt as 905,621 lb (411 mt). The 2010 allocation [Docket No. 0910131362–0087–02] bycatch to support other anticipated was reduced to 846,667 lb (384 mt) after groundfish fisheries. In accordance with deduction of research set-aside and RIN 0648–XY57 § 679.20(d)(1)(iii), the Regional adjustment for 2009 quota overages. Administrator finds that this directed Section 648.101(b) requires the Fisheries of the Exclusive Economic Administrator, Northeast Region, NMFS Zone Off Alaska; Pollock in Statistical fishing allowance has been reached. (Regional Administrator), to monitor Area 630 in the Gulf of Alaska Consequently, NMFS is prohibiting state commercial quotas and to directed fishing for pollock in Statistical determine when a state’s commercial AGENCY: National Marine Fisheries Area 630 of the GOA. quota has been harvested. NMFS then Service (NMFS), National Oceanic and After the effective date of this closure Atmospheric Administration (NOAA), publishes a notification in the Federal the maximum retainable amounts at Commerce. Register to advise the state and to notify § 679.20(e) and (f) apply at any time Federal vessel and dealer permit holders ACTION: Temporary rule; closure. during a trip. that, effective upon a specific date, the state’s commercial quota has been SUMMARY: NMFS is prohibiting directed Classification harvested and no commercial quota is fishing for pollock in Statistical Area available for landing summer flounder 630 in the Gulf of Alaska (GOA). This This action responds to the best in that state. The Regional action is necessary to prevent exceeding available information recently obtained Administrator has determined, based the C season allowance of the 2010 total from the fishery. The Assistant upon dealer reports and other available allowable catch (TAC) of pollock for Administrator for Fisheries, NOAA information, that Massachusetts has Statistical Area 630 in the GOA. (AA), finds good cause to waive the harvested its quota for 2010. DATES: Effective 1200 hrs, Alaska local requirement to provide prior notice and The regulations at § 648.4(b) provide time (A.l.t.), August 27, 2010, through opportunity for public comment that Federal permit holders agree, as a 1200 hrs, A.l.t., October 1, 2010. pursuant to the authority set forth at 5 condition of the permit, not to land FOR FURTHER INFORMATION CONTACT: U.S.C. 553(b)(B) as such requirement is summer flounder in any state that the Obren Davis, 907–586–7228. impracticable and contrary to the public Regional Administrator has determined SUPPLEMENTARY INFORMATION: NMFS interest. This requirement is no longer has commercial quota manages the groundfish fishery in the impracticable and contrary to the public available. Therefore, effective 0001 GOA exclusive economic zone interest as it would prevent NMFS from hours, September 1, 2010, further according to the Fishery Management responding to the most recent fisheries landings of summer flounder in Plan for Groundfish of the Gulf of data in a timely fashion and would Massachusetts by vessels holding Alaska (FMP) prepared by the North delay the closure of pollock in summer flounder commercial Federal Pacific Fishery Management Council Statistical Area 630 of the GOA. NMFS fisheries permits are prohibited for the under authority of the Magnuson- was unable to publish a notice remainder of the 2010 calendar year, Stevens Fishery Conservation and providing time for public comment unless additional quota becomes Management Act. Regulations governing available through a transfer and is because the most recent, relevant data fishing by U.S. vessels in accordance announced in the Federal Register. only became available as of August 24, with the FMP appear at subpart H of 50 Effective 0001 hours, September 1, 2010. CFR part 600 and 50 CFR part 679. 2010, federally permitted dealers are The AA also finds good cause to The C season allowance of the 2010 also notified that they may not purchase waive the 30–day delay in the effective TAC of pollock in Statistical Area 630 summer flounder from federally date of this action under 5 U.S.C. permitted vessels that land in of the GOA is 5,912 metric tons (mt) as established by the final 2010 and 2011 553(d)(3). This finding is based upon Massachusetts for the remainder of the the reasons provided above for waiver of calendar year, or until additional quota harvest specifications for groundfish of the GOA (75 FR 11749, March 12, 2010). prior notice and opportunity for public becomes available through a transfer comment. from another state. In accordance with § 679.20(a)(5)(iv)(B) the Administrator, Alaska Region, This action is required by § 679.20 Classification NMFS (Regional Administrator), hereby and is exempt from review under This action is required by 50 CFR part decreases the C season pollock Executive Order 12866. allowance by 1,056 mt, to reflect the 648 and is exempt from review under Authority: 16 U.S.C. 1801 et seq. Executive Order 12866. total amount of pollock TAC that has been caught prior to the C season in Dated: August 25, 2010. Authority: 16 U.S.C. 1801 et seq. Statistical Area 630. Therefore, the Carrie Selberg, Dated: August 25, 2010. revised C season allowance of the Acting Director, Office of Sustainable Carrie Selberg, pollock TAC in Statistical Area 630 is Fisheries, National Marine Fisheries Service. Acting Director, Office of Sustainable 4,856 mt (5,912 mt minus 1,056 mt). [FR Doc. 2010–21528 Filed 8–25–10; 4:15 pm] Fisheries, National Marine Fisheries Service. In accordance with § 679.20(d)(1)(i), BILLING CODE 3510–22–S [FR Doc. 2010–21531 Filed 8–25–10; 4:15 pm] the Regional Administrator has BILLING CODE 3510–22–S determined that the C season allowance

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Proposed Rules Federal Register Vol. 75, No. 167

Monday, August 30, 2010

This section of the FEDERAL REGISTER DATES: DOE will hold a public meeting For detailed instructions on contains notices to the public of the proposed Friday, September 24, 2010, from 9 a.m. submitting comments and additional issuance of rules and regulations. The to 4 p.m., in Washington, DC. DOE must information on the rulemaking process, purpose of these notices is to give interested receive requests to speak at the public see section V, ‘‘Public Participation,’’ of persons an opportunity to participate in the meeting before 4 p.m., Friday, this document. rule making prior to the adoption of the final Docket: For access to the docket to rules. September 10, 2010. DOE must receive a signed original and an electronic copy read background documents or of statements to be given at the public comments received, visit the U.S. DEPARTMENT OF ENERGY meeting before 4 p.m., Friday, Department of Energy, Resource Room September 3, 2010. of the Building Technologies Program, 10 CFR Part 430 DOE will accept comments, data, and 950 L’Enfant Plaza, SW., Suite 600, information regarding the notice of Washington, DC 20024, (202) 586–2945, [Docket No. EERE–2009–BT–TP–0013] proposed rulemaking (NOPR) before and between 9 a.m. and 4 p.m., Monday after the public meeting, but no later through Friday, except Federal holidays. RIN 1904–AB95 than November 15, 2010. See section V, Please call Ms. Brenda Edwards at the ‘‘Public Participation,’’ of this NOPR for above telephone number for additional Energy Conservation Program for details. information about visiting the Resource Consumer Products: Test Procedures Room. for Residential Water Heaters, Direct ADDRESSES: The public meeting will be Heating Equipment, and Pool Heaters held at the U.S. Department of Energy, FOR FURTHER INFORMATION CONTACT: Mr. Forrestal Building, Room 1E–245, 1000 Mohammed Khan, U.S. Department of AGENCY: Office of Energy Efficiency and Independence Avenue, SW., Energy, Energy Efficiency and Renewable Energy, Department of Washington, DC 20585–0121. To attend Renewable Energy, Building Energy. the public meeting, please notify Ms. Technologies Program, EE–2J, 1000 ACTION: Notice of proposed rulemaking Brenda Edwards at (202) 586–2945. Independence Avenue, SW., and announcement of public meeting. (Please note that foreign nationals Washington, DC 20585–0121. visiting DOE Headquarters are subject to Telephone: (202) 586–7892. E-mail: SUMMARY: In order to implement recent advance security screening procedures. [email protected]. amendments to the Energy Policy and Any foreign national wishing to Mr. Eric Stas, U.S. Department of Conservation Act of 1975 (EPCA), the participate in the public meeting should Energy, Office of the General Counsel, U.S. Department of Energy (DOE) advise DOE as soon as possible by GC–71, 1000 Independence Avenue, proposes to amend its test procedures contacting Ms. Edwards to initiate the SW., Washington, DC 20585–0121. for residential direct heating equipment necessary procedures.) Telephone: (202) 586–9507. E-mail: and pool heaters to provide for Any comments submitted must [email protected]. measurement of standby mode and off identify the NOPR on Test Procedures For information on how to submit or mode power use by these products. for Residential Water Heaters, Direct review public comments and on how to Where appropriate, the amendments Heating Equipment, and Pool Heaters, participate in the public meeting, would incorporate into the DOE test and provide the docket number EERE– contact Ms. Brenda Edwards, U.S. procedures relevant provisions from the 2009–BT–TP–0013 and/or Regulatory Department of Energy, Office of Energy International Electrotechnical Information Number (RIN) 1904–AB95. Efficiency and Renewable Energy, Commission’s (IEC) Standard 62301, Comments may be submitted using any Building Technologies Program, EE–2J, ‘‘Household electrical appliances— of the following methods: 1000 Independence Avenue, SW., Measurement of standby power’’ (First 1. Federal eRulemaking Portal: http: Washington, DC 20585–0121. Edition 2005–06), as well as language to //www.regulations.gov. Follow the Telephone: (202) 586–2945. E-mail: clarify application of these provisions as instructions for submitting comments. [email protected]. they specifically relate to measurement 2. E-mail: EISA-Heat-Equip-2010-TP- SUPPLEMENTARY INFORMATION: of electrical standby mode and off mode [email protected]. Include docket power consumption in direct heating number EERE–2009–BT–TP–0013 and/ Table of Contents equipment and pool heaters. or RIN 1904–AB95 in the subject line of I. Background and Authority This rulemaking also proposes a the message. II. Summary of the Proposal number of definitions for key terms. III. Discussion 3. Postal Mail: Ms. Brenda Edwards, A. Determination Not To Amend Test DOE has tentatively concluded that no U.S. Department of Energy, Building Procedures for Residential Water Heaters amendments are necessary to the test Technologies Program, Mailstop EE–2J, B. Proposed Test Procedure Amendments procedure for residential water heaters 1000 Independence Avenue, SW., for Vented Heaters to address standby mode and off mode Washington, DC 20585–0121. Please 1. Treatment of Fossil-Fuel Consumption power use, because the existing test submit one signed paper original. in Existing Test Procedures for Fossil- procedures for water heaters already 4. Hand Delivery/Courier: Ms. Brenda Fuel Vented Heaters fully account for and incorporate the Edwards, U.S. Department of Energy, 2. Specific Amendments for Vented standby mode and off mode energy Building Technologies Program, 950 Heaters 3. Active Mode Hours Approximated by consumption. In addition, DOE L’Enfant Plaza, SW., Suite 600, Burner Operating Hours for Vented announces a public meeting to discuss Washington, DC 20024. Telephone: Heaters and receive comments on the issues (202) 586–2945. Please submit one 4. Measurement of Standby Mode and Off presented in this notice. signed paper original. Mode Wattages of Vented Heaters

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5. Incorporating by Reference IEC Standard energy conservation standards. The CFR part 430, subpart B, appendix G for 62301 (First Edition 2005–06) for testing requirements consist of test unvented home heating equipment, and Measuring Standby Mode and Off Mode procedures, prescribed under EPCA, 10 CFR 430.23(o) and 10 CFR part 430, Energy Consumption for Vented Heaters that manufacturers of covered products subpart B, appendix O for vented home C. Proposed Test Procedure Amendments for Unvented Heaters must use as the basis for certifying to heating equipment. Taken together, D. Proposed Test Procedure Amendments DOE that their products comply with these two classes of home heating for Pool Heaters applicable energy conservation equipment represent ‘‘direct heating 1. Treatment of Fossil-Fuel Consumption standards adopted under EPCA and for equipment,’’ the covered product listed in Existing Test Procedures for Pool representations about the energy at 42 U.S.C. 6292(a)(9). (Hereafter in this Heaters consumption or energy efficiency of notice, the terms ‘‘vented heater’’ and 2. Treatment of Electricity Consumption in those products. Similarly, DOE must use ‘‘unvented heater’’ are used to describe Existing Test Procedures for Pool Heaters these test procedures whenever testing the two types of direct heating 3. Measurement of Standby Energy Consumption in ANSI/ASHRAE is required in an enforcement action to equipment.) The vented heater test Standard 146–2006 determine whether the products comply procedures include provisions for 4. Specific Amendments for Pool Heaters with energy conservation standards determining energy efficiency (annual 5. Incorporating by Reference IEC Standard adopted pursuant to EPCA. fuel utilization efficiency (AFUE)), as 62301 (First Edition 2005–06) for Under 42 U.S.C. 6293, EPCA sets forth well as annual energy consumption. The Measuring Standby Mode and Off Mode criteria and procedures for DOE’s unvented heater test procedures Energy Consumption for Pool Heaters adoption and amendment of such test currently have no provisions for IV. Procedural Issues and Regulatory Review procedures. EPCA provides that any test determining energy efficiency; however, A. Review Under Executive Order 12866 B. Review Under the Regulatory Flexibility procedures prescribed or amended shall for unvented heaters that are the Act be reasonably designed to produce test primary heating source for the home, C. Review Under the Paperwork Reduction results which measure energy there is a calculation of annual energy Act of 1995 efficiency, energy use, or estimated consumption based on a single D. Review Under the National annual operating cost of a covered assignment of active mode hours. For Environmental Policy Act of 1969 product during a representative average unvented heaters that are not the E. Review Under Executive Order 13132 use cycle or period of use, and shall not primary heating source for the home, F. Review Under Executive Order 12988 be unduly burdensome to conduct. (42 there are no calculation provisions for G. Review Under the Unfunded Mandates U.S.C. 6293(b)(3)) In addition, if DOE Reform Act of 1995 efficiency or annual energy H. Review Under the Treasury and General determines that a test procedure consumption. Government Appropriations Act, 1999 amendment is warranted, it must DOE’s test procedures for pool heaters I. Review Under Executive Order 12630 publish proposed test procedures and are found at 10 CFR 430.23(p) and 10 J. Review Under the Treasury and General offer the public an opportunity to CFR part 430, subpart B, appendix P. Government Appropriations Act, 2001 present oral and written comments The test procedures include provisions K. Review Under Executive Order 13211 thereon. (42 U.S.C. 6293(b)(2)) Finally, for determining two energy efficiency L. Review Under Section 32 of the Federal in any rulemaking to amend a test descriptors (i.e., thermal efficiency and Energy Administration Act of 1974 procedure, DOE must determine to what pool heater heating seasonal efficiency), V. Public Participation extent, if any, the proposed test as well as annual energy consumption. A. Attendance at the Public Meeting B. Procedure for Submitting Requests To procedure would alter the measured On December 19, 2007, the Energy Speak energy efficiency of any covered Independence and Security Act of 2007 C. Conduct of Public Meeting product as determined under the (EISA 2007), Public Law 110–140, was D. Submission of Comments existing test procedure. (42 U.S.C. enacted. The EISA 2007 amendments to E. Issues on Which DOE Seeks Comment 6293(e)(1)) If DOE determines that the EPCA, in relevant part, require DOE to 1. Incorporation of IEC Standard 62301 amended test procedure would alter the amend the test procedures for all 2. Separate Standard measured efficiency of a covered covered products to include VI. Approval of the Office of the Secretary product, DOE must amend the measurement of standby mode and off I. Background and Authority applicable energy conservation standard mode energy consumption. Specifically, accordingly. (42 U.S.C. 6293(e)(2)) section 310 of EISA 2007 provides Title III of the Energy Policy and DOE’s test procedures for residential definitions of ‘‘active mode,’’ ‘‘standby Conservation Act (42 U.S.C. 6291, et water heaters are found in the Code of mode,’’ and ‘‘off mode’’ (42 U.S.C. ‘‘ ’’ ‘‘ ’’ seq.; EPCA or, in context, the Act ) Federal Regulations (CFR) at 10 CFR 6295(gg)(1)(A)); however, the statute sets forth a variety of provisions 430.23(e) and 10 CFR part 430, subpart permits DOE to amend these definitions designed to improve energy efficiency. B, appendix E. The test procedures in the context of a given product (42 Part A of Title III (42 U.S.C. 6291–6309) include provisions for determining the U.S.C. 6295(gg)(1)(B)). The legislation establishes the ‘‘Energy Conservation energy efficiency (energy factor (EF)), as requires integration of such energy Program for Consumer Products Other well as the annual energy consumption consumption into the overall energy Than Automobiles,’’ including of these products. efficiency, energy consumption, or other residential water heaters, direct heating The direct heating equipment covered energy descriptor for each covered equipment, and pool heaters (all of product (not including furnaces) is product, unless the Secretary which are referred to below as ‘‘covered referred to as ‘‘home heating equipment’’ determines that—(i) the current test 1 products’’). (42 U.S.C. 6291(1)–(2) and in CFR. Unlike central heating furnaces, procedures for a covered product 6292(a)(4), (9) and (11)) direct heating equipment is a covered already fully account for and Under the Act, the overall program product which is designed to furnish incorporate the standby and off mode consists essentially of three parts: (1) warmed air to the living space of a energy consumption of the covered Testing; (2) labeling; and (3) Federal residence, directly from the device, product; or (ii) such an integrated test without duct connections. There are procedure is technically infeasible for a 1 All references to EPCA refer to the statute as amended, including through the Energy separate test procedures for the two particular covered product, in which Independence and Security Act of 2007, Public Law classes of home heating equipment, case the Secretary shall prescribe a 110–140. specifically 10 CFR 430.23(g) and 10 separate standby mode and off mode

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energy use test procedure for the mode power consumption; and (2) Further clarification would also be covered product, if technically feasible. provide a foundation for DOE to provided that as of 180 days after (42 U.S.C. 6295(gg)(2)(A)). develop, implement, and ensure publication of a test procedure final Under the statutory provisions compliance with amended energy rule, any representations as to the introduced by EISA 2007, any such conservation standards in the future that standby mode and off mode energy amendment must consider the most address the energy use of these products consumption of the products that are current versions of International when in standby mode and off mode. the subject of this rulemaking would Electrotechnical Commission (IEC) In addition to these statutory need to be based upon results generated Standard 62301, ‘‘Household electrical requirements for amended test under the applicable provisions of this appliances—Measurement of standby procedures, EISA 2007 has three test procedure. (42 U.S.C. 6293(c)(2)) power’’ (First Edition 2005–06) and IEC separate provisions regarding the On November 24, 2006, DOE Standard 62087, ‘‘Methods of inclusion of standby mode and off mode published a notice in the Federal measurement for the power energy use in any energy conservation Register announcing the availability of consumption of audio, video, and standard, which have bearing on the and seeking comment on a framework related equipment’’ (Second Edition, current test procedures rulemaking. document to initiate rulemaking to 2008–09).2 Id. Further, section 310 of First, test procedure amendments to consider amended energy conservation EISA 2007 provides that any final rule include standby mode and off mode standards for residential water heaters, establishing or revising energy energy consumption shall not be used to direct heating equipment, and pool conservation standards adopted on or determine compliance with standards heaters (hereafter the November 2006 after July 1, 2010, must incorporate established prior to the adoption of such Framework Document). 71 FR 67825. standby mode and off mode energy use. test procedure amendments. (42 U.S.C. The issuance of a framework document (42 U.S.C. 6295(gg)(3)(A)). 6295(gg)(2)(C)) Second, standby mode is the first step in conducting an Accordingly, pursuant to section 310 and off mode energy use must be appliance standards rulemaking. of EISA 2007, DOE’s residential water included into a single amended or new The November 2006 Framework heater, direct heating equipment, and standard for a covered product adopted Document was issued before the pool heater test procedures must in a final rule after July 1, 2010. Finally, enactment of EISA 2007, and account for standby mode and off mode a separate standard for standby mode consequently, it did not address the energy consumption. (42 U.S.C. and off mode energy consumption is possible amendments to the test 6295(gg)(2)) DOE test procedures are required if a single amended or new procedure associated with the EISA needed that account for standby mode standard is not feasible. (42 U.S.C. 2007 legislative charge (i.e., the standby and off mode energy use (to the extent 6295(gg)(3)(B)) mode and off mode provisions in 42 those operational modes apply to the In order to accommodate the above- U.S.C. 6295(gg)(3)) DOE issued its final products in question), in order to permit mentioned first provision, DOE clarifies rule revising energy conservation manufacturers to measure and certify that today’s proposed amended test standards for residential water heaters, compliance with future amended energy procedures would not alter the direct heating equipment, and pool conservation standards that address measures of energy efficiency used in heaters on March 31, 2010, which was those modes for the products that are existing energy conservation standards; published in the Federal Register on the subject of this rulemaking. If therefore, this proposal would not affect April 16, 2010. 75 FR 20112. Because finalized, today’s proposal would also a manufacturer’s ability to demonstrate publication of this final rule amending provide DOE a means for determining compliance with previously-established the energy conservation standards for compliance with any future standards standards. These amended test these products was required to be adopted for these products that include procedures would become effective, in completed before July 1, 2010 (the date standby mode and off mode energy terms of adoption into the CFR, 30 days after which any final rule establishing or consumption. after the date of publication in the revising a standard must incorporate Federal Register of the final rule in this standby mode and off mode energy use), II. Summary of the Proposal test procedures rulemaking. However, this standards final rule did not In today’s NOPR, DOE has tentatively DOE is proposing added language to the necessarily need to incorporate standby concluded that for residential water regulations codified in the CFR that mode and off mode energy use. heaters, there is no need to amend the would state that any added procedures Nonetheless, today’s proposal for test procedures pursuant to EISA 2007. and calculations for standby mode and amended test procedures will allow Specifically, because the current test off mode energy consumption resulting consideration of the standby mode and procedures for residential water heaters from implementation of the relevant off mode energy use of these products already fully account for and provisions of EISA 2007 need not be in a subsequent standards rulemaking incorporate standby mode energy performed at this time to determine (e.g., standards adopted after July 1, consumption, and because off mode is compliance with the current energy 2010). not applicable to water heaters, no conservation standards. Subsequently, As currently drafted, three of the test amendment is required. (42 U.S.C. and consistent with the second procedures for the products at issue in 6295(gg)(2)(A)(i)) A more complete provision above, manufacturers would this rulemaking would require discussion is provided below in section be required to use the amended test amendment to account for standby III.A. procedures’ standby mode and off mode mode and off mode energy use as For direct heating equipment and provisions to demonstrate compliance required by EISA 2007. Specifically, the pool heaters, DOE is proposing to with DOE’s energy conservation test procedure for vented heaters would amend the test procedures in order to: standards on the compliance date of a need added measurement and (1) Address the statutory requirement to final rule establishing amended energy calculation provisions to integrate expand test procedures to incorporate conservation standards for these electrical standby mode and off mode measurement of standby mode and off products that address standby mode and energy use into the overall energy off mode energy consumption, at which consumption equations. Fossil-fuel 2 IEC standards are available for purchase at: time the limiting statement in the DOE standby mode and off mode energy use http://www.iec.ch. test procedure would be removed. is already integrated into the vented

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heater test procedure (see section III.B.1 electricity and fossil fuel as applicable discusses amendments for the test below). Test procedures for unvented to a given unit. The following explains procedure provisions for vented heaters, heaters would need added measurement generally how water heater energy and section III.C addresses test provisions of standby power (fossil-fuel consumption is determined under the procedure amendments for unvented and electrical). However, for the reasons DOE test procedure. Specific heaters. Specifically, the vented heater explained in section III.C below, no measurements are required to determine test procedures require additional added calculations or new energy the water heater’s energy performance measurement and calculation provisions efficiency descriptors are offered in in providing a representative daily in order to account for electrical standby today’s proposal for unvented heaters. amount of hot water. The measurements mode and off mode energy use. Fossil- Pool heater test procedures would need are used to calculate two separate fuel standby mode and off mode energy added measurement and calculation performance metrics: (1) Recovery use is already integrated into the vented provisions for both electric and fossil- efficiency, and (2) standby loss. Further heater test procedure.4 fuel standby mode and off mode energy calculations provide for a As a first step in addressing the use. Such energy use would need to be comprehensive efficiency descriptor requirements of EISA 2007, DOE incorporated into both the overall (EF) which represents the overall believes the relevant terms and concepts energy consumption equations. As efficiency of the water heater in from that statute need clarification as noted above, the test procedures for providing the representative daily they apply to vented heaters. While residential water heaters would not amount of hot water. Annual energy EISA 2007 provided definitions and need amendment, because standby consumption and cost are estimated by concepts that are generally applicable mode energy use is fully integrated into extending this daily performance and workable within the context of the the existing test procedure, and off measured by EF to a full year (i.e., 365 existing vented heater test procedure, mode is not applicable for residential days). some clarifying language is necessary to water heaters. There are some non-substantive address the specific characteristics of In amending the current test differences in terms of the terminology the products relevant to this procedures for residential direct heating used in the existing residential water rulemaking. The following paragraphs equipment and pool heaters, DOE heater test procedures as compared to discuss these proposed clarifications. proposes to incorporate by reference IEC what is used in EISA 2007. For example, Section 310(3) of EISA 2007 defines Standard 62301, ‘‘Household electrical the test procedure’s standby loss is ‘‘active mode’’ as ‘‘* * * the condition appliances—measurement of standby expressed as either an hourly standby in which an energy-using product—(I) is power’’ (First Edition, 2005–06), loss or a heat loss coefficient, and while connected to a main power source; regarding test conditions and test not identical, it can be equated to EISA (II) has been activated; and (III) provides procedures for measuring standby mode 2007’s ‘‘standby mode’’ energy use. In 1 or more main functions.’’ (42 U.S.C. and off mode energy consumption. DOE addition, the EISA 2007 definition of 6295(gg)(1)(A)(i)) This statutory also proposes to incorporate product- ‘‘off mode’’ appears inapposite to water definition of ‘‘active mode’’ is specific definitions of ‘‘active mode,’’ heater operation. Water heaters are comparable to what is referred to as ‘‘on- ‘‘standby mode,’’ and ‘‘off mode’’ that are assumed to operate all year either cycle’’ in the current vented heater test consistent with the guidance set forth actively heating water or incurring procedures. 10 CFR part 430, subpart B, under 42 U.S.C. 6295(gg)(1)(A). Further, energy consumption (loss) in standby appendix O, section 4.0 Calculations. DOE proposes to include in each test mode. There is no other mode of energy On-cycle is the period during the procedure additional language that consumption conceivable for these heating season when the vented heater would clarify the application of IEC products. Accordingly, to the extent is performing its main function (i.e., Standard 62301 for measuring standby those terms apply, DOE believes the heat delivery). The heat delivery process mode and off mode power full-year accounting of energy use as begins with the activation of the burner consumption.3 currently presented in the DOE water followed by, or simultaneously with, the heater test procedure fully accounts for III. Discussion activation of circulating fans, and ends measurement of active mode, standby with the deactivation of these A. Determination Not To Amend Test mode, and off mode energy components. As discussed in section Procedures for Residential Water consumption, as required by EISA 2007. III.B.3 below, the duration of on-cycle Heaters Similarly, the water heater test can be estimated in the test procedure procedure’s efficiency descriptor Energy as burner operating hours (BOH). As noted above, DOE’s test Factor is a complete accounting of all procedures for residential water heaters Section 310(3) of EISA 2007 defines energy consumption possible for a ‘‘standby mode’’ as ‘‘* * * the condition are found at 10 CFR 430.23(e) and 10 residential water heater. CFR part 430, subpart B, appendix E. in which an energy-using product—(I) is In consideration of the above, DOE connected to a main power source; and These test procedures include has tentatively concluded that the provisions for determining the energy (II) offers 1 or more of the following user current test procedures for water heaters oriented or protective functions: (aa) To factor (EF) as well as the annual energy already fully account for and consumption of those products. As facilitate the activation or deactivation incorporate measurement of standby of other functions (including active written, the test procedures include a mode and off mode energy full year accounting of energy use, both mode) by remote switch (including consumption, as required by EISA 2007. remote control), internal sensor, or (42 U.S.C. 6295(gg)(2)(A)(i)) 3 EISA 2007 directs DOE to also consider IEC timer; (bb) Continuous functions, Standard 62087 when amending its test procedure B. Proposed Test Procedure including information or status displays to include standby mode and off mode energy Amendments for Vented Heaters (including clocks) or sensor-based consumption. See 42 U.S.C. 6295(gg)(2)(A). ’’ However, IEC Standard 62087 addresses the As discussed above, EISA 2007 functions. (42 U.S.C. methods of measuring the power consumption of requires amendment of DOE’s test audio, video, and related equipment. As explained 4 Vented heaters can be fueled by natural gas, subsequently in this notice, the narrow scope of this procedures for direct heating equipment propane, or oil. For simplicity, the expressions particular IEC Standard reduces its relevance to to account for standby mode and off ‘‘fossil-fueled’’ or ‘‘fossil-fuel’’ will be used to today’s proposal. mode energy consumption. This section include all three fuel types.

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6295(gg)(1)(A)(iii)) The statutory temperatures and percent not, AFUE represents a full accounting definition of ‘‘standby mode’’ is concentrations of carbon dioxide (CO2) of annual fossil-fuel consumption (i.e., comparable to what is referred to as ‘‘off- in the flue. The fossil fuel and electric active mode, standby mode, and off cycle’’ in the current vented heater test input is measured within a tolerance of mode) into a single efficiency procedure. 10 CFR part 430, subpart B, the nameplate input.6 For units descriptor. appendix O, section 4.0 Calculations. equipped with a constant-burning pilot In addition to the efficiency The duration of off-cycle would be the light, a separate measurement of energy descriptors discussed above, the vented total time during the heating season input to the pilot light is required. An heater test procedure’s annual energy when the vented heater is connected to exception to the pilot light measurement consumption calculations also represent power sources and not in active mode. requirement is granted to manually- a complete accounting of fossil-fuel Section 310(3) of EISA 2007 defines controlled heaters where the pilot light energy consumption. ‘‘off mode’’ as ‘‘* * * the condition in is designed to be turned off by the user In sum, the energy efficiency and which an energy-using product—(I) is when the heater is not in use and where consumption equations in the existing connected to a main power source; and the unit is labeled with instructions to test procedures for vented heaters (II) is not providing any standby or do so. provide an entire year’s accounting of active mode function.’’ (42 U.S.C. From this relatively limited set of fossil-fuel energy consumption (i.e., 6295(gg)(1)(A)(ii)) For vented heaters, data, on-cycle and off-cycle losses are 8,760 hours),7 which includes active off mode would occur during the non- determined using empirical coefficients mode, standby mode, and off mode heating season when the vented heater and a suite of calculations that address energy consumption, as required under is connected to power sources but is not various design features such as manual EISA 2007. Given that EISA 2007 does activated to provide heat. The statutory and modulating controls. Direct not prescribe any time periods over definition of ‘‘off mode’’ is comparable measurement of draft coefficients for which to measure the energy to what is referred to as non-heating units that are installed with thermal consumption for all three modes, DOE season in the current vented heaters test stack dampers is required. At the believes it is reasonable to interpret the procedure. The proposed definitions are manufacturer’s discretion, this direct Act as permitting the consolidation of located in 10 CFR part 430, subpart B, measurement procedure is optional for active mode, standby mode, and off appendix O, section 4.0 Calculations. vented heaters without thermal stack mode together into an entire year’s DOE believes these proposed dampers. The gas pilot light accounting. definitions provide the clarification consumption is present during testing In consideration of the above, and necessary to carry out the requirements and is, therefore, accounted for in the pursuant to section 310(2)(A)(i) of EISA of EISA 2007 without unduly off-cycle. 2007, DOE has tentatively concluded complicating matters by addressing the The test procedure’s on-cycle and off- that the existing test procedures for potential for minor inaccuracies, such as cycle provisions are essentially identical vented heaters already fully account for those that might be caused by slight in meaning to the EISA 2007 statutory and integrate standby mode and off differences in run times for burners and definitions of ‘‘active mode’’ and mode fossil-fuel energy consumption. air circulating fans (see section III.B.3 ‘‘standby mode,’’ respectively. This on- below). DOE requests comments on this cycle/off-cycle format provides a 2. Specific Amendments for Vented approach for characterizing the active complete accounting of gas energy use Heaters mode, standby mode, and off mode during the entire heating season. In Some vented heaters have electric operation of vented heaters. EISA 2007 terminology, gas auxiliaries. In most cases, the only consumption in both active mode and electric auxiliary associated with vented 1. Treatment of Fossil-Fuel standby mode is fully accounted for and heaters is the air circulating fan. Consumption in Existing Test integrated into the test procedure’s However, it is conceivable that other Procedures for Fossil-Fueled Vented primary efficiency metric, part-load fuel auxiliaries, such as power burners and Heaters utilization efficiency. damper controls, could be present, and DOE has tentatively concluded that A second efficiency descriptor, AFUE, such devices may have associated the existing test procedures for vented provides an accounting of the non- electric standby mode and off mode heaters already fully account for and heating-season fossil-fuel energy energy consumption. The vented heater integrate standby mode and off mode consumption (i.e., pilot light energy test procedure, as written, requires fossil fuel energy consumption.5 consumption). Non-heating season measurement of maximum auxiliary Underlying the basis for this conclusion directly relates to the EISA 2007 electric power and does not distinguish is the manner in which gas definition of ‘‘off mode.’’ Accordingly, separate measurements of multiple consumption is accounted for in two of DOE has tentatively concluded that the components. For vented heaters so the test procedure’s efficiency metrics, AFUE provides a full accounting of equipped, this maximum auxiliary the part-load fuel utilization efficiency fossil-fuel off mode energy consumption electric power measurement would and the Annual Fuel Utilization pursuant to EISA 2007. include the total active wattage of Efficiency (AFUE). Part-load efficiency is calculated for multiple auxiliaries. DOE believes this The existing test procedure for vented vented heaters with manual controls single measurement of maximum active heaters is a flue loss procedure which, and thermal dampers. For all other wattage coupled with the estimate of accordingly, requires measurement of vented heaters, the calculations produce active hours, discussed below in section an AFUE without separately calculating III.B.3, constitutes a full accounting of 5 The only possible fossil fuel standby mode or off part-load efficiency. Nonetheless, what EISA 2007 refers to as active mode mode energy use for vented heaters would be the regardless of whether part-load energy consumption associated with a constant- electrical consumption. Accordingly, no burning pilot light. Therefore, only gas-fired vented efficiency is separately calculated or amendments are offered today to heaters are a part of this discussion, where the term expand the active mode accounting of ‘‘gas-fired’’ encompasses both natural gas and 6 Nameplate input is the energy supply rate in propane. Oil-fired vented heaters do not have pilot Btus per hour, which is physically listed on the electrical energy consumption. lights. In the case of electrical energy use, all types tested vented heater. Testing at this input would be of vented heaters may have measurable standby the most appropriate and consistent way to specify 7 Each year comprises 8,760 hours—i.e. (365 mode and off mode energy use. a uniform test input rate. days/year) × (24 hours/day) = 8,760 hours/year.

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However, since operation of vented assigned the test procedures value for accuracy of the assumptions made heaters with electric auxiliaries may burner operating hours. regarding the relative magnitude of the also result in electric energy No changes to the current regulating standby mode and off mode energy consumption in standby mode and off quotient, AFUE, are proposed. consumption for vented heaters. mode, and since electric standby mode Therefore, the proposed test procedure 3. Active Mode Hours Approximated by and off mode are not accounted for, it amendments related to standby mode Burner Operating Hours for Vented will be necessary to amend the vented and off mode would not impact testing Heaters home heating equipment test and certification under the existing procedures. First, it is necessary to energy conservation standard (which As mentioned above in section III.B.2, include a measurement of the standby does not currently address standby today’s proposal would assign active mode and off mode electrical mode and off mode energy consumption mode hours of a particular vented heater consumption rate (i.e., wattages). This in a comprehensive manner). DOE as its burner operating hours (BOH). can be done by adding a new subsection considered proposing an integrated BOH is a calculated value in the existing to the vented home heating equipment AFUE that would incorporate the test procedure for gas-fired and oil-fired test procedure. Specifically, separate standby mode and off mode energy vented heaters. BOH is determined by measurements of standby mode and off consumption into the existing AFUE by estimating the expected annual heating mode wattages can be added to section adding this additional energy load and deducing the burner on hours 3.0, Testing and measurements, of 10 consumption to the active energy necessary to address the annual heating CFR part 430, subpart B, appendix O. consumption within the AFUE quotient. load. BOH is exactly the active mode For these provisions, DOE proposes to However, DOE has determined that such hours for the burner itself. However, the reference IEC Standard 62301 for the integration is technically infeasible for blower and other electric auxiliaries measurement itself. The added section vented heaters. This is because the may have different active mode hours would require only one measurement of standby mode and off mode energy because of intentional time delays and wattage if there is no difference between usage is essentially not measureable due overruns. This possible slight standby mode and off mode. Separate to the fact that most manufacturers’ inaccuracy in the active mode hours measurements would be required if a ratings of AFUE (as well as the current accounting would be expected to have difference is expected. Clarification of energy conservation standards) are an insignificant effect on the overall the requirement for separate presented to the nearest whole number, accounting of standby mode and off measurements is provided in section and the magnitude of the energy for mode energy consumption, considering III.B.4. standby mode and off mode would be so the order of magnitude difference It is further clarified in this added comparatively small that it would be between standby mode and off mode section that the existing test procedure unlikely to change the reported value. hours compared to active mode hours. specifications for ambient temperature For example, assuming a representative For example, assuming a representative and voltage shall apply in lieu of the 4 watts 8 of standby mode and off mode BOH of 800 hours, the corresponding IEC 62301 standard provisions for these standby mode and off mode hours power might only represent 0.3 percent ¥ parameters. This is done to avoid the of the total active energy consumption, would be 7,960 hours (8,760 800); possibility of unnecessary burden that and it is expected that in most cases, no accordingly, a one-percent error in BOH might result if the slightly different IEC change in the reported AFUE would would result in a 0.1-percent error in provisions were required. These result because of the integration. standby mode and off mode accounting. parameters have little bearing on the DOE’s proposed approach would Therefore, considering the complexity measurement of electrical standby mode allow for the measurement of standby and increased burden of expanding the and off mode energy consumption as mode and off mode electrical energy accounting to provide detailed auxiliary long as they are reasonably uniform consumption of different vented heater run hours with no significant during the test. The existing test products. Although the magnitude of improvement in quantifying the procedure requires uniform control of energy savings may be small for a given magnitude of standby mode and off these parameters and, thus, should unit, it could be substantial when mode energy consumption, DOE suffice for these added measurements. aggregated across the full range of maintains that assigning active mode A second amendment is needed to covered products over the 30-year hours for all electrical auxiliaries as specify how to calculate the annual analysis period. DOE plans to further burner operating hours is both uniform electrical standby mode and off mode address the standby mode and off mode and reasonable. energy consumption from the measured electrical energy consumption of vented 4. Measurement of Standby Mode and wattages. This can be done by adding a heaters in the next standards Off Mode Wattages of Vented Heaters new calculation subsection within rulemaking. Today’s proposed amendments allow existing section 4.0, Calculations, of 10 DOE seeks comment on its tentative for a single wattage (i.e., electrical CFR part 430, subpart B, appendix O. conclusion that it would be technically power) measurement to serve as both The new subsection would be infeasible to adopt an integrated AFUE standby mode wattage and off mode designated as 4.7, Average annual for vented heaters, as well as the electric standby mode and off mode wattage. DOE has tentatively concluded energy consumption. This added 8 DOE does not have complete knowledge of the that this is a reasonable approach when subsection would assign mode hours range of expected standby wattages for all types of there is expected to be no difference consistent with the annual accounting vented heaters at this time, but it is assumed to be between the two modes in terms of already in the test procedure. less than the 7-watt average that DOE has wattage. This would be the case for most determined for central furnaces. This is because Specifically, off mode hours would be vented heaters typically do not have as extensive vented heater designs where the assigned the test procedure’s value for an array of electrical components and controls as appliance is not disconnected from the non-heating season hours. Standby compared to central furnaces. For example, a electric power source or where there is mode hours would be assigned the test vented heater may have one small fan as its only an absence of some other condition that electrical component, whereas a central furnace procedure’s value for heating season might have a larger circulating fan, electrical power would affect standby mode and off hours minus the active mode hours, burners, igniters, and considerably more associated mode wattage. The utilization of a where active mode hours would be electronic controls. seasonal off switch would be a case

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where a reduction or elimination of off ambient temperature and voltage, and because all the input energy is delivered mode wattage compared to standby not the corresponding specifications of to the heated space as useful heat. This mode wattage can be expected. On units the IEC Standard, will apply for these energy rate is converted by so equipped, a separate measurement of measurements. The IEC specification of mathematical constants to either dollars off mode wattage would be required, room ambient conditions is slightly per million Btu’s output and/or annual and zero wattage for off mode would be more restrictive than those of the energy consumption. (Annual energy a distinct possibility. Although DOE is existing DOE test procedure. However, consumption is calculated only for not currently aware of some other factor DOE has tentatively concluded that heaters that are the primary heating or condition that might affect a there would be no meaningful source for the entire house. difference between standby mode and difference in wattage measurement Supplemental heaters only require off mode, a separate measure of off resulting from the two differing calculation of dollars per million Btu’s.) mode wattage would also be required specifications. Overall, IEC Standard As currently written, this test procedure anytime the wattages are expected to 62301 is concise and well organized, generally reflects the lack of any differ. and its use should not pose a significant appreciable energy performance DOE believes the phrases ‘‘reduction burden to anyone having the ordinary difference among models of this product or elimination’’ and ‘‘seasonal off skill and knowledge associated with the subcategory. This product subcategory switch’’ are unambiguous and clear vented heater manufacturing and testing has not been subject to any labeling enough to direct the testing official as to industries. requirements or energy conservation when a separate measurement of off DOE also reviewed IEC Standard standards, because of the lack of mode wattage is needed. DOE invites 62087, which specifies methods of appreciable performance difference as comments on the appropriateness and measuring the power consumption of would support regulation. As workability of these provisions. television (TV) receivers, video cassette mentioned above, pursuant to EISA recorders (VCRs), set top boxes, audio 5. Incorporating by Reference IEC 2007, DOE must now include provisions equipment, and multi-function Standard 62301 (First Edition 2005–06) to measure standby mode and off mode equipment for consumer use. IEC for Measuring Standby Mode and Off energy use in the test procedures used Standard 62087 does not, however, Mode Energy Consumption for Vented for these and many other products. This include measurement for the power Heaters brings up the question of whether consumption of electrical appliances unvented heaters use energy in standby As noted previously, EPCA, as such as vented heaters. Therefore, DOE mode or off mode and whether this amended by EISA 2007, requires that has tentatively concluded that IEC energy consumption might be regulated. test procedures be amended to include Standard 62087 is unsuitable for use DOE anticipates that such test standby mode and off mode energy regarding the proposed amendments to procedure amendments could identify consumption, taking into consideration the vented heater test procedures. the most current versions of Standards an opportunity for energy performance 62301 and 62087 of the International C. Proposed Test Procedure improvements in unvented heater Electrotechnical Commission. (42 U.S.C. Amendments for Unvented Heaters models, which would in turn require 6295(gg)(2)(A)) Today’s amendments Consistent with the requirements of DOE to consider regulating this energy would reference the IEC Standard 62301 EISA 2007, today’s proposal also performance. to obtain the standby mode and off includes test procedure amendments to DOE realizes that this product mode measured wattage. The amended address the standby mode and off mode subcategory presents a unique set of test procedure would use these energy consumption of unvented circumstances when addressing the measured wattages in calculations to heaters. These amendments are less applicable provisions of EISA 2007, accomplish the incorporation of standby involved, as compared to those for particularly the requirement to mode and off mode energy consumption vented heaters. Specifically, to effect the eventually include standby mode and into the test procedures. DOE reviewed necessary changes for unvented heaters, off mode energy consumption in a the IEC Standard 62301 and believes it DOE proposes to add only certain future energy conservation standard. is generally applicable to vented heater measurement provisions to the existing First, unlike other test procedures, testing, although some clarification is test procedure. DOE has tentatively appendix G does not include energy needed. Specifically, because there is a concluded that no added or amended efficiency or energy use metrics that possible conflict with provisions of the calculations to quantify annual standby would allow for the integration of existing procedures, DOE is clarifying in mode and off mode energy use are standby mode and off mode energy use. the proposed standby mode and off necessary. The reasons for this approach Instead, it merely provides a measure of mode measurement provisions that the are discussed below in detail. DOE energy consumption for that unit. As a accuracy and precision provisions of the believes that its proposed amendments consequence, there currently exists no IEC Standard 62301 are to be used in are appropriate for unvented heater basis to establish what EISA 2007 would lieu of the existing test procedure products and are consistent with the call a single or integrated standard for accuracy provisions. The issues direction provided in EISA 2007 for the energy efficiency of unvented addressed in the IEC Standard 62301 of both test procedures and standards. (42 heaters. supply voltage waveform and power U.S.C. 6295(gg)(2) and (3)) Second, standby mode energy use measurement accuracy apply to any By way of background, the unvented (defined as energy use during the measurement of low electrical power, heater test procedure is found at 10 CFR heating season when the heater is not including the low-power measurement 430.23(g) and 10 CFR part 430, subpart on) is as effective in heating the space for vented heater standby mode and off B, appendix G. This test procedure as active mode energy use. Therefore, mode. The existing test procedures’ applies to the active mode of both this energy consumption is not energy accuracy and measurement provisions electric and fossil-fueled unvented waste, but, rather, it is useful output. will still apply to the measurement of heaters, and it only requires Accordingly, it may not be beneficial to active mode electricity consumption. measurement of input energy rate (e.g., measure this energy use or appropriate Further, it is clarified that the existing Btu’s/hour). Output energy rate is to consider its regulation in an energy test procedure’s specification of room simply equated to input energy rate, conservation standard, unless it is

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properly considered as part of the In consideration of all of above, DOE procedures need additional overall system. believes that the best way to satisfy the measurement and calculation provisions Finally, off mode energy consumption EISA 2007 test procedure requirements to integrate electrical standby mode and (defined as non-heating-season energy is to propose additional measurement off mode energy use, as required by consumption) could be considered provisions for standby mode and off EISA 2007. The sections below explain ineffective energy use and, accordingly, mode energy rates without attempting to the existing test procedure’s could be minimized by prescribing a define an average representative use requirements for measuring the fossil- separate energy conservation standard. cycle. The added measurement fuel and electrical energy consumption However, defining a representative off provisions for pilot lights would be of pool heaters, followed by a mode for this subcategory is difficult similar those already incorporated in discussion of DOE’s proposed because of the lack of data on consumer vented heater test procedure. The added amendments pertaining to the use. For example, prior to the present measurement provisions for electrical measurement of standby mode and off rulemaking proceeding, DOE has not standby mode and off mode energy use mode energy consumption for these been aware of data, or attempted to rates would be similar to what is products. collect data, on the fraction of the year proposed today for vented heaters. Both 1. Treatment of Fossil-Fuel unvented heaters might be unplugged or of these added provisions would allow Consumption in Existing Test otherwise disconnected from the energy for exemption from measurement if Procedures for Pool Heaters source, and the extent to which pilot there is means to disconnect the power lights are turned off during the non- source when not in use and instructions The existing DOE test procedure for heating season. to do so are clearly visible. This pool heaters is based on a steady-state This unique set of circumstances exemption from measurement is measure of thermal efficiency in active formed the basis of an inquiry to nine identical to what is currently in the mode, as specified by ANSI Standard manufacturers of unvented heaters, a existing vented heater test procedures as Z21.56–1994, ‘‘Gas-Fired Pool Heaters.’’ number which DOE believes would applied to pilot lights on manually- (It is noted that ‘‘thermal efficiency’’ is provide representative input from the controlled heaters. DOE believes this specified by statute as the regulating affected industry. Specifically, a request exemption from measurement should efficiency descriptor. (42 U.S.C. for information regarding possible apply to unvented heaters so equipped. 6291(22)) It is also noted that the standby mode and off mode energy use The proposed approach does not current version of this ANSI standard for unvented heaters was sent to relinquish DOE’s authority to regulate was released in 2006. Upon review, manufacturers in March 2009. This unvented direct heating equipment, DOE found no substantive differences request for information outlined the given the statutory directive to consider between the 1994 version and the 2006 issue and asked specific questions amended standards for ‘‘direct heating version, and accordingly, DOE is designed to aid DOE in addressing the equipment’’ generally. (42 U.S.C. proposing to update the incorporation requirements of EISA 2007 for these 6295(e)) The results of the additional by reference in DOE’s regulations at 10 products. The letter and responses measurements provisions could be used CFR 430.3.) The DOE pool heater test received are available at: http:// to regulate standby mode and off mode procedure as it now appears in 10 CFR www1.eere.energy.gov/buildings/ energy use for these products. part 430, subpart B, appendix P extends appliance_standards/residential/ DOE is interested in receiving this ANSI procedure by creating a water_pool_heaters_tp_nopr.html. comment on its tentative decision not to heating seasonal efficiency descriptor Basically, all respondents agreed as to define a representative use cycle for (EFFYHS). The heating seasonal the unique set of circumstances for this unvented heaters and the sufficiency of efficiency accounts for active and product type. The respondents reported the proposed amendments. DOE is standby modes of fossil-fuel energy that standby mode and off mode energy particularly interested in data that might consumption, and unlike thermal use is present in some designs of allow for more complete treatment of efficiency, it also accounts for auxiliary unvented heaters. Specifically, fossil- unvented heaters. electrical energy consumption in the fueled unvented heaters could have active mode, which is identified in the D. Proposed Test Procedure constant-burning pilot lights and test procedure as the period of time Amendments for Pool Heaters electric remote controls, both of which when the main heating device is would contribute to standby mode and As indicated above, EISA 2007 energized. off mode energy use. Similarly, electric requires amendment of the test Fossil-fuel energy consumption in the heaters could have remote controls that procedures for pool heaters to account standby mode, which is essentially the would contribute to off mode energy for standby mode and off mode energy pilot light energy consumption (QP), is use. All respondents agreed that it is consumption. The applicable pool included in the existing test procedure’s difficult to define an average heater test procedure is found at 10 CFR calculations of heating seasonal representative use cycle for these 430.23(p) and 10 CFR part 430, subpart efficiency. The term Qp is currently products, particularly in the off mode. B, appendix P. As explained below, included in the test procedures’ One respondent, the Association of consumption of fossil fuel in the equations without a specified protocol Home Appliance Manufacturers standby mode is already included in the to ascertain the value of Qp. No default (AHAM), suggested that the off mode be existing test procedure’s calculations. value for Qp is specified, so it is not ignored entirely for portable electric However, DOE is proposing to add a clear how this value is obtained. heaters, considering the evidence of specific measurement procedure for Accordingly, today’s proposal would these units being unplugged when not fossil-fuel standby mode and off mode provide a method by which to measure in use. Specifically, AHAM stated that energy consumption, because there is the pilot light energy consumption to consumer data, collected by The currently no protocol for actual help quantify fossil fuel consumption in Stevenson Group for AHAM in 2004, measurement of such energy the standby mode. reports that 86 percent of the consumers consumption. In addition, measurement The existing test procedures’ heating unplug their portable electric heaters and calculation provisions need to be seasonal efficiency includes an per the safety instructions. (AHAM, No. added for off mode fossil-fuel energy accounting of fossil-fuel standby mode 2 at pp. 1–2) consumption. Furthermore, the test that DOE believes is consistent with

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EISA 2007 guidance for standby mode. incorporate the results into the test energy conservation standard, as called Specifically, standby mode is when the procedures’ energy usage and efficiency for in 42 U.S.C. 6295(gg)(2)(A) and 42 pool heater is connected to the main equations. However, for pool heaters U.S.C. 6295(gg)(3) respectively. The power source but the heater’s main with a seasonal off switch, off mode thermal efficiency descriptor will heating device is not functioning. The electrical energy consumption would be remain in the test procedure to provide test procedure establishes that the assigned a value of zero. the regulating basis for the current duration of the standby mode is energy conservation standard. 3. Measurement of Standby Energy equivalent to the number of pool Unlike the integrated AFUE for Consumption in ANSI/ASHRAE operating hours (POH) during the year vented heaters discussed above, DOE Standard 146–2006 (4,464 hours) minus the burner has tentatively concluded that the operating hours (BOH = 104 hours), ANSI/ASHRAE Standard 146–2006, integrated thermal efficiency is where 4,464 and 104 are assigned values ‘‘Method of Testing and Rating Pool technically feasible and would provide already in the existing test procedure. Heaters,’’ extends the procedure measurable performance differentiation, DOE believes this accounting is specified by ANSI Standard Z21.56 by because the added standby mode and off consistent with EISA 2007 and, including a test in which the energy mode energy consumption is significant accordingly, should remain as the basis consumption in standby mode is relative to the active energy of incorporating standby mode. Under measured. During this 60-minute consumption of the original thermal today’s modified approach, the active standby test, the thermostat setting for efficiency. There are two contributing mode rate of consumption would be the pool heater is set low enough so that factors to this conclusion: (1) The added multiplied by the time during which the the pool heater does not enter active energy consumption includes both fossil pool heater is in the active mode, and mode during the test. The total fuel and electrical energy consumption, the standby mode rate of consumption electricity and natural gas energy and (2) the active energy consumption would be multiplied by the time during consumption is measured over this 60- is relatively smaller because of the which the pool heater is in the standby minute period and added to provide a smaller number of active mode hours for mode. metric for standby mode energy pool heaters as compared to vented The existing DOE pool heater test consumption. Today’s NOPR proposes heaters. As a result, the pilot light alone procedure does not account for off mode to adopt a similar approach to measure would be expected to have the effect of fossil-fuel energy consumption (i.e., the standby mode and off mode energy reducing the thermal efficiency by a few amount of energy used when the pool consumption. DOE believes that ANSI/ percentage points. heater is not in service). Off mode ASHRAE 146–2006 cannot be adopted Additionally, the proposed operation would occur outside the pool ‘‘as-is’’ because there are some amendments to appendix P would heating season that is currently terminology differences specific to update the references to ANSI Standard described in the test procedure by the implementation of the requirements of Z21.56–2006, the most recent version of average number of pool operating hours EISA 2007. For example, there is no that standard. As noted above, DOE has during the year, which is defined as measurement or definition of ‘‘off mode’’ compared this version with the 4,464 h per year throughout the country. in ANSI/ASHRAE 146–2006. currently-referenced version from 1994 and found no substantive differences The pilot light energy consumption 4. Specific Amendments for Pool between the two test methods. during this period would be an example Heaters of off mode fossil-fuel energy 5. Incorporating by Reference IEC consumption. Under the modified The proposed amendments to appendix P would modify the existing Standard 62301 (First Edition 2005–06) approach, DOE proposes to now include for Measuring Standby Mode and Off off mode fossil-fuel energy consumption test procedure by adding a standby mode energy consumption measurement Mode Energy Consumption for Pool measurement provisions and to Heaters incorporate the results into the test that is similar to that used in the procedures’ energy usage and efficiency ASHRAE Standard 146, ‘‘Method of As noted previously, EPCA, as equations. Again, under today’s Testing for Rating Pool Heaters,’’ but amended by EISA 2007, requires that modified approach, the off mode rate of that is tailored to address the specific DOE test procedures be amended to consumption would be multiplied by concepts of EISA 2007. Specifically, a include standby mode and off mode the time during which the pool heater definition section would be added to the energy consumption, taking into is in the off mode. However, for pool test procedure to clarify the EISA 2007 consideration the most current versions heaters with a seasonal off switch, off definitions of ‘‘active mode,’’ ‘‘standby of Standards 62301 and 62087 of the mode fossil-fuel energy consumption mode,’’ and ‘‘off mode,’’ as applied to International Electrotechnical would be assigned a value of zero. pool heaters. Separate measurement and Commission. (42 U.S.C. 6295(gg)(2)(A)) calculation provisions would be added Today’s amendments to the pool heater 2. Treatment of Electricity Consumption to allow separate quantification of test procedure would incorporate by in Existing Test Procedures for Pool standby mode and off mode energy reference IEC Standard 62301 to obtain Heaters consumption. A new efficiency the standby mode and off mode As mentioned in section III.D.1, the descriptor, integrated thermal measured wattage. Today’s proposed electricity consumption during active efficiency, would replace the heating test procedure amendments would use mode is incorporated in the heating seasonal efficiency to allow for these measured wattages in calculations seasonal efficiency descriptor, but integration of standby mode and off to accomplish the incorporation of electricity consumption during the mode energy consumption into a single standby mode and off mode energy standby mode or off mode is not efficiency measure. The term ‘‘integrated consumption into the test procedures. considered in the existing DOE pool thermal efficiency’’ is used to maintain DOE is proposing the following heater test procedure. Under the consistency with the statute. This clarifications to avoid any conflicts modified approach, DOE proposes to approach would allow for the between the existing test procedure and introduce standby mode and off mode integration and incorporation of standby IEC Standard 62301. First, DOE electrical energy consumption mode and off mode energy consumption proposes to clarify that the room measurement provisions and to into both the test procedure and an ambient temperature and voltage

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specifications of the existing test B. Review Under the Regulatory covered in this rulemaking. On procedure would suffice to carryout the Flexibility Act December 11, 2009, DOE published a new wattage measurements and should The Regulatory Flexibility Act (5 Notice of Proposed Rulemaking and continue to be used rather than the U.S.C. 601 et seq.) requires preparation Public Meeting for Energy Conservation corresponding specifications of room of an initial regulatory flexibility Standards for Residential Water Heaters, ambient temperature and voltage in IEC analysis for any rule that by law must Direct Heating Equipment, and Pool Standard 62301. DOE has tentatively be proposed for public comment, unless Heaters in the Federal Register. 74 FR concluded that there would be no the agency certifies that the rule, if 65852. This notice inaccurately stated meaningful difference in the wattage promulgated, would not have a that the applicable NAICS classification number for pool heaters is 335228. As measurement resulting from the slightly significant economic impact on a these rulemakings apply to the same differing specifications for room substantial number of small entities. As sets of products, the DOE believes required by Executive Order 13272, ambient temperature and voltage. clarification is both necessary and ‘‘Proper Consideration of Small Entities Second, DOE would clarify that the appropriate. Additionally, DOE has in Agency Rulemaking,’’ 67 FR 53461 accuracy and measurement provisions included a similar notification regarding (August 16, 2002), DOE published of IEC Standard 62301 are appropriate the correct NAICS classification number procedures and policies on February 19, for these measurements and would in the context of the final rule for 2003, to ensure that the potential supersede the corresponding provisions Energy Conservation Standards for impacts of its rules on small entities are of the existing test procedure. DOE Residential Water Heaters, Direct properly considered during the DOE believes the issues addressed in section Heating Equipment, and Pool Heaters. 5 of IEC Standard 62301, related to rulemaking process. 68 FR 7990. DOE’s The standards final rule was issued on procedures and policies may be viewed supply voltage waveform and power March 31, 2010 and was published in on the Office of the General Counsel’s measurement accuracy, would apply to the Federal Register on April 16, 2010. Web site (http://www.gc.doe.gov). any measurement of low electrical 75 FR 20112. DOE reviewed today’s proposed rule In the December 11, 2009 NOPR for power, including the low-power under the provisions of the Regulatory measurement for pool heater standby energy conservation standards, DOE Flexibility Act and the procedures and identified 12 small DHE manufacturers mode and off mode. The existing test policies published on February 19, procedure’s accuracy and measurement and one small pool heater manufacturer 2003. This proposed rule would that can be considered small businesses. provisions will still apply to the prescribe test procedure amendments measurement of active mode electricity Pool heater manufacturers and the that would be used to determine vented heater manufacturers of the DHE consumption. In general, DOE believes compliance with energy conservation product class are the same as identified IEC Standard 62301 is concise and well standards for the products that are the in the standards notice. An estimate of organized and would not impose a subject of this rulemaking. Although the number of manufacturers of significant burden, given the DOE considers test procedure unvented heaters was not developed as considerable skill and knowledge base amendments for residential water part of the standards analysis because, present in the pool heater heaters, direct heating equipment, and for reasons stated in the 2009 NOPR, manufacturing and associated testing pool heaters in this rulemaking, DOE DOE believes it is unnecessary to set industries. proposes amendments to the test minimum efficiency standards for DOE also reviewed IEC Standard procedures for pool heaters and direct unvented DHE. 74 FR 65852, 65866 62087, which specifies methods of heating equipment only. For the reasons (Dec. 11, 2009). Based on its interviews measuring the power consumption of stated earlier in the preamble, DOE has with manufacturers, DOE has tentatively TV receivers, VCRs, set top boxes, audio tentatively determined that amendments determined that there are three to the test procedure for water heaters equipment, and multi-function unvented DHE manufactures considered are not necessary. equipment for consumer use. IEC small businesses. The Small Business Administration Standard 62087 does not, however, For the reasons explained below, DOE (SBA) considers an entity to be a small has tentatively concluded that the include measurement for the power business if, together with its affiliates, it proposed rule would not have a consumption of electrical appliances employs less than a threshold number of significant impact on either small or such as pool heaters. Therefore, DOE workers specified in 13 CFR part 121. large manufacturers under the has tentatively concluded that IEC The threshold values set forth in these applicable provisions of the Regulatory Standard 62087 is unsuitable for use regulations use size standards and codes Flexibility Act. The proposed rule regarding the proposed amendments to established by the North American would amend DOE’s test procedures for the pool heater test procedures. Industry Classification System (NAICS) direct heating equipment and pool IV. Procedural Issues and Regulatory that are available at http://www.sba.gov/ heaters by incorporating testing Review idc/groups/public/documents/ provisions to address standby mode and sba_homepage/serv_sstd_tablepdf.pdf. off mode energy consumption. The A. Review Under Executive Order 12866 The threshold number designation as a proposed procedures involve measuring small business under NAICS power input when the direct heating Today’s proposed rule is not a classification 333414, titled ‘‘Heating equipment or pool heater is in standby ‘‘significant regulatory action’’ under Equipment (Except Warm Air Furnaces) mode and off mode during testing. Pool section 3(f) of Executive Order 12866, Manufacturing,’’ is 500 employees. This heater proposed test procedure ‘‘Regulatory Planning and Review,’’ 58 classification specifically includes amendments would require FR 51735 (Oct. 4, 1993). Accordingly, manufacturers of direct heating measurement of both fossil fuel and this proposed action was not subject to equipment and pool heaters. electric energy use in standby mode and review under the Executive Order by the Concurrent to this rulemaking for test off mode. DHE proposed test procedure Office of Information and Regulatory procedures, DOE has been in the amendments would require Affairs (OIRA) in the Office of process of developing amended energy measurement of only electrical energy Management and Budget (OMB). conservation standards for the products use in standby mode and off mode.

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These tests can be conducted in the Accordingly, DOE has not prepared a E. Review Under Executive Order 13132 same facilities used for the current regulatory flexibility analysis for this Executive Order 13132, ‘‘Federalism,’’ energy testing of these products, so rulemaking. DOE will provide its imposes certain requirements on there would be no additional facilities certification and supporting statement agencies formulating and implementing costs required by the proposed rule. In of factual basis to the Chief Counsel for policies or regulations that preempt addition, while the power meter Advocacy of the SBA for review under State law or that have Federalism proposed to be required for these tests 5 U.S.C. 605(b). implications. 64 FR 43255 (August 10, might require greater accuracy than the C. Review Under the Paperwork 1999). The Executive Order requires power meter used for current energy Reduction Act of 1995 agencies to examine the constitutional testing, the investment required for a This rule contains a collection-of- and statutory authority supporting any possible instrumentation upgrade would action that would limit the be modest. It is likely that the information requirement subject to the policymaking discretion of the States, manufacturers, or their testing facilities, Paperwork Reduction Act (PRA) which and to carefully assess the necessity for already have equipment that meets the has been approved by OMB under such actions. The Executive Order also requirements of IEC 62301, but an control number 1910–1400. Public requires agencies to have an accountable Internet search of equipment that reporting burden for compliance process to ensure meaningful and timely specifically meets the requirements of reporting for energy and water input by State and local officials in the IEC 62301 reveals a cost of conservation standards is estimated to development of regulatory policies that approximately $2,700 to $3,000. This average 30 hours per response, have Federalism implications. On cost is small compared to the overall including the time for reviewing March 14, 2000, DOE published a financial investment needed to instructions, searching existing data undertake the business enterprise of sources, gathering and maintaining the statement of policy describing the testing consumer products which data needed, and completing and intergovernmental consultation process involves facilities, qualified staff, and reviewing the collection of information. that it will follow in developing such specialized equipment. Send comments regarding this burden regulations. 65 FR 13735. DOE has The duration of the electrical standby estimate, or any other aspect of this data examined this proposed rule and mode and off mode testing for DHE is collection, including suggestions for determined that it would not have a also short, approximately five minutes if reducing the burden, to DOE (see substantial direct effect on the States, on the power supply is stable and ten ADDRESSES) and by e-mail to the relationship between the national minutes if the power supply is not [email protected]. government and the States, or on the stable. For example, testing with Notwithstanding any other provision distribution of power and unstable power supply might require of the law, no person is required to responsibilities among the various five minutes to determine that it is in respond to, nor shall any person be levels of government. EPCA governs and fact unstable followed by an additional subject to a penalty for failure to comply prescribes Federal preemption of State integrated test measurement of five with, a collection of information subject regulations as to energy conservation for minutes. The duration of the fossil fuel to the requirements of the PRA, unless the products that are the subject of and electrical standby mode and off that collection of information displays a today’s proposed rule. States can mode test proposed for pool heaters is currently valid OMB Control Number. petition DOE for exemption from such preemption to the extent, and based on one hour. This one hour time period is D. Review Under the National criteria, set forth in EPCA. (42 U.S.C. consistent with the industry consensus Environmental Policy Act of 1969 for such measurement (i.e., the ASHRAE 6297(d)) Therefore, Executive Order Standard 146), and, is not a significant In this rulemaking, DOE is proposing 13132 requires no further action. test procedure amendments that it extension of the DOE existing test F. Review Under Executive Order 12988 procedures. The existing DOE test expects would be used to develop and procedure requires, in addition to set- implement future energy conservation Regarding the review of existing up, an establishment of steady state standards for residential direct heating regulations and the promulgation of conditions that might approach 2 hours equipment and pool heaters. DOE has new regulations, section 3(a) of followed by the actual thermal determined that this rule falls into a Executive Order 12988, ‘‘Civil Justice efficiency test for 30 minutes. The class of actions that are categorically Reform,’’ 61 FR 4729 (Feb. 7, 1996), proposed standby test could begin excluded from review under the imposes on Federal agencies the general immediately following the thermal National Environmental Policy Act of duty to adhere to the following efficiency test and therefore, would not 1969 (42 U.S.C. 4321 et seq.) and DOE’s requirements: (1) Eliminate drafting require additional set up, implementing regulations at 10 CFR part errors and ambiguity; (2) write instrumentation, or waiting period. The 1021. Specifically, this proposed rule regulations to minimize litigation; testing official could run simultaneous would amend the existing test (3) provide a clear legal standard for tests on other units and simply record procedures for these products without affected conduct rather than a general the results of the test at the end of the changing their environmental effects, standard; and (4) promote simplification 60 minute standby period. For these and, therefore, it is covered by and burden reduction. Section 3(b) of reasons, DOE believes that the proposed Categorical Exclusion A5 in 10 CFR part Executive Order 12988 specifically requirements for equipment and time to 1021, subpart D, which applies because requires that Executive agencies make conduct the additional tests would not this rule would establish revisions to every reasonable effort to ensure that the be expected to impose a significant existing test procedures that would not regulation clearly specifies the economic impact on affected entities, affect the amount, quality, or following: (1) The preemptive effect, if regardless of size. distribution of energy usage, and, any; (2) any effect on existing Federal Accordingly, DOE tentatively therefore, would not result in any law or regulation; (3) a clear legal concludes and certifies that this environmental impacts. Accordingly, standard for affected conduct while proposed rule would not have a neither an environmental assessment promoting simplification and burden significant economic impact on a nor an environmental impact statement reduction; (4) the retroactive effect, if substantial number of small entities. is required. any; (5) definitions of key terms; and

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(6) other important issues affecting of the family as an institution. under Executive Order 12866. It has clarity and general draftsmanship under Accordingly, DOE has concluded that it likewise not been designated as a any guidelines issued by the Attorney is not necessary to prepare a Family significant energy action by the General. Section 3(c) of Executive Order Policymaking Assessment. Administrator of OIRA. Moreover, it 12988 requires Executive agencies to would not have a significant adverse I. Review Under Executive Order 12630 review regulations in light of applicable effect on the supply, distribution, or use standards in sections 3(a) and 3(b) to Pursuant to Executive Order 12630, of energy. Therefore, it is not a determine whether they are met or ‘‘Governmental Actions and Interference significant energy action, and, whether it is unreasonable to meet one with Constitutionally Protected Property accordingly, DOE has not prepared a or more of them. DOE has completed the Rights,’’ 53 FR 8859 (March 15, 1988), Statement of Energy Effects. required review and determined that, to DOE has determined that this proposed the extent permitted by law, this regulation would not result in any L. Review Under Section 32 of the proposed rule meets the relevant takings that might require compensation Federal Energy Administration Act of standards of Executive Order 12988. under the Fifth Amendment to the U.S. 1974 Constitution. Under section 301 of the DOE G. Review Under the Unfunded Organization Act (Pub. L. 95–91; 42 Mandates Reform Act of 1995 J. Review Under the Treasury and General Government Appropriations U.S.C. 7101 et seq.), DOE must comply Title II of the Unfunded Mandates Act, 2001 with section 32 of the Federal Energy Reform Act of 1995 (UMRA) (Pub. L. Administration Act of 1974, as amended 104–4; 2 U.S.C. 1501 et seq.) requires Section 515 of the Treasury and by the Federal Energy Administration each Federal agency to assess the effects General Government Appropriations Authorization Act of 1977 (FEAA). (15 of Federal regulatory actions on State, Act, 2001 (Pub. L. 106–554; 44 U.S.C. U.S.C. 788) Section 32 essentially local, and Tribal governments and the 3516 note) provides for agencies to provides in relevant part that, where a private sector. For a proposed regulatory review most disseminations of proposed rule authorizes or requires use action likely to result in a rule that may information to the public under of commercial standards, the cause the expenditure by State, local, guidelines established by each agency rulemaking must inform the public of pursuant to general guidelines issued by and Tribal governments, in the the use and background of such OMB. OMB’s guidelines were published aggregate, or by the private sector of standards. In addition, section 32(c) at 67 FR 8452 (Feb. 22, 2002), and $100 million or more in any one year requires DOE to consult with the DOE’s guidelines were published at 67 (adjusted annually for inflation), section Attorney General and the Chairman of FR 62446 (Oct. 7, 2002). DOE has 202 of UMRA requires a Federal agency the Federal Trade Commission (FTC) reviewed today’s notice under OMB and to publish estimates of the resulting concerning the impact of the DOE guidelines and has concluded that costs, benefits, and other effects on the commercial or industry standards on it is consistent with applicable policies national economy. (2 U.S.C. 1532(a),(b)) competition. UMRA also requires a Federal agency to in those guidelines. The proposed modifications to the develop an effective process to permit K. Review Under Executive Order 13211 test procedures addressed by this timely input by elected officers of State, Executive Order 13211, ‘‘Actions proposed rule incorporate testing local, and Tribal governments on a methods contained in the commercial proposed ‘‘significant intergovernmental Concerning Regulations That Significantly Affect Energy Supply, standards, the International mandate,’’ and requires an agency plan Electrotechnical Commission (IEC) for giving notice and opportunity for Distribution, or Use,’’ 66 FR 28355 (May 22, 2001), requires Federal agencies to Standard 62301, ‘‘Household electrical timely input to potentially affected appliances—Measurement of standby small governments before establishing prepare and submit to OMB a Statement of Energy Effects for any proposed power,’’ Publication 62301 First Edition any requirements that might 2005–06 and ‘‘American National significantly or uniquely affect such significant energy action. A ‘‘significant energy action’’ is defined as any action Standards Institute (ANSI) Standard governments. On March 18, 1997, DOE Z21.56–2006, ‘‘Gas-Fired Pool Heaters.’’ published a statement of policy on its by an agency that promulgates or is expected to lead to promulgation of a DOE has evaluated these standards and process for intergovernmental is unable to conclude whether they fully consultation under UMRA. 62 FR final rule, and that: (1) Is a significant regulatory action under Executive Order comply with the requirements of section 12820. (The policy is also available at 32(b) of the FEAA (i.e., whether it was http://www.gc.doe.gov). Today’s 12866, or any successor order; and (2) is likely to have a significant adverse developed in a manner that fully proposed rule contains neither an provides for public participation, intergovernmental mandate nor a effect on the supply, distribution, or use of energy; or (3) is designated by the comment, and review). DOE will mandate that may result in an consult with the Attorney General and expenditure of $100 million or more in Administrator of OIRA as a significant energy action. For any proposed the Chairman of the FTC about the any year, so these requirements do not impact of these test procedures on apply. significant energy action, the agency must give a detailed statement of any competition, before prescribing a final H. Review Under the Treasury and adverse effects on energy supply, rule. General Government Appropriations distribution, or use should the proposal V. Public Participation Act, 1999 be implemented, and of reasonable Section 654 of the Treasury and alternatives to the action and their A. Attendance at the Public Meeting General Government Appropriations expected benefits on energy supply, The time, date, and location of the Act, 1999 (Pub. L. 105–277) requires distribution, and use. Today’s proposed public meeting are listed in the DATES Federal agencies to issue a Family regulatory action to amend the test and ADDRESSES sections at the beginning Policymaking Assessment for any rule procedures for residential direct heating of this NOPR. To attend the public that may affect family well-being. equipment and pool heaters to address meeting, please notify Ms. Brenda Today’s proposed rule would not have standby mode and off mode energy use Edwards at (202) 586–2945. As any impact on the autonomy or integrity is not a significant regulatory action explained in the ADDRESSES section,

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foreign nationals visiting DOE summaries of comments received before exempt by law from public disclosure Headquarters are subject to advance the public meeting, allow time for should submit two copies: One copy of security screening procedures. presentations by participants, and the document that includes all of the encourage all interested parties to share information believed to be confidential, B. Procedure for Submitting Requests to their views on issues affecting this and one copy of the document with that Speak rulemaking. Each participant will be information deleted. DOE will make its Any person who has an interest in the allowed to make a prepared general own determination as to the topics addressed in this notice, or who statement (within time limits confidential status of the information is a representative of a group or class of determined by DOE), before the and treat it accordingly. persons that has an interest in these discussion of specific topics. DOE will Factors of interest to DOE when issues, may request an opportunity to permit other participants to comment evaluating requests to treat submitted make an oral presentation at the public briefly on any general statements. At the information as confidential include: (1) meeting. Such persons may hand- end of all prepared statements on each A description of the items; (2) whether deliver requests to speak to the address specific topic, DOE will permit and why such items are customarily shown in the ADDRESSES section at the participants to clarify their statements treated as confidential within the beginning of this notice between 9 a.m. briefly and to comment on statements industry; (3) whether the information is and 4 p.m., Monday through Friday, made by others. generally known by or available from except Federal holidays. Requests may Participants should be prepared to other sources; (4) whether the also be sent by mail or e-mail to: Ms. answer DOE’s and other participants’ information was previously made Brenda Edwards, U.S. Department of questions. DOE representatives may also available to others without obligation Energy, Building Technologies Program, ask participants about other matters concerning its confidentiality; (5) an Mailstop EE–2J, 1000 Independence relevant to this rulemaking. The official explanation of the competitive injury to Avenue, SW., Washington, DC 20585– conducting the public meeting will the submitting person that would result 0121, or [email protected]. accept additional comments or from public disclosure; (6) when such Persons who wish to speak should questions from those attending, as time information might lose its confidential include with their request a computer permits. The presiding official will nature due to the passage of time; and diskette or CD–ROM in WordPerfect, announce any further procedural rules (7) why disclosure of the information Microsoft Word, PDF, or text (ASCII) file or modification of the above procedures would be contrary to the public interest. format that briefly describes the nature needed for the proper conduct of the of their interest in this rulemaking and public meeting. After the public E. Issues on Which DOE Seeks Comment the topics they wish to discuss. Such meeting, interested parties may submit Although comments are welcome on persons should also provide a daytime further comments on the proceedings as all aspects of this rulemaking, DOE is telephone number where they can be well as on any aspect of the rulemaking particularly interested in receiving reached. until the end of the comment period. comments and views of interested DOE requests persons scheduled to DOE will make the entire record of parties on the following issues: make an oral presentation to submit an this proposed rulemaking, including the 1. Incorporation of IEC Standard advance copy of their statements at least transcript from the public meeting, one week before the public meeting. available for inspection at the U.S. 62301. DOE invites comment on the DOE may permit persons who cannot Department of Energy, 6th Floor, 950 adequacy of IEC Standard 62301 to supply an advance copy of their L’Enfant Plaza, SW., Washington, DC measure standby mode and off mode statement to participate, if those persons 20024, (202) 586–2945, between 9 a.m. power for vented heaters, unvented have made advance alternative and 4 p.m., Monday through Friday, heaters, and pool heaters. arrangements with the Building except Federal holidays. Copies of the 2. No Need to Amend Water Heater Technologies Program. As necessary, transcript will be posted on the DOE Test Procedures. DOE invites comment requests to give an oral presentation Web site and are also available for on its tentative conclusion that the should ask for such alternative purchase from the transcribing reporter. current test procedures for water heaters arrangements. already fully account for and D. Submission of Comments incorporate measurement of standby C. Conduct of Public Meeting DOE will accept comments, data, and mode and off mode energy DOE will designate a DOE official to information regarding the proposed rule consumption, as required by EISA 2007. preside at the public meeting and may before or after the public meeting, but 3. Updated Reference for Pool Heater also use a professional facilitator to aid no later than November 15, 2010. Testing. DOE invites comment on the discussion. The meeting will not be a Comments, data, and information updated version of American National judicial or evidentiary-type public submitted to DOE’s e-mail address for Standards Institute (ANSI) Standard hearing, but DOE will conduct it in this rulemaking should be provided in Z21.56–2006, ‘‘Gas-Fired Pool Heaters,’’ accordance with section 336 of EPCA WordPerfect, Microsoft Word, PDF, or and whether it constitutes any (42 U.S.C. 6306). There shall not be text (ASCII) file format. Stakeholders substantive change relative to the 1994 discussion of proprietary information, should avoid the use of special version of ANSI Standard Z21.56 costs or prices, market share, or other characters or any form of encryption, currently referenced in the existing test commercial matters regulated by U.S. and wherever possible, comments procedure. anti-trust laws. A court reporter will be should include the electronic signature 4. Integrated AFUE for Vented present to record the proceedings and of the author. Comments, data, and Heaters. DOE seeks comment on its prepare a transcript. information submitted to DOE via mail tentative conclusion that it would be The public meeting will be conducted or hand delivery/courier should include technically infeasible to adopt an in an informal, conference style. DOE one signed paper original. No integrated AFUE for vented heaters, as reserves the right to schedule the order telefacsimiles (faxes) will be accepted. well as the accuracy of the assumptions of presentations and to establish the Pursuant to 10 CFR 1004.11, any made regarding the relative magnitude procedures governing the conduct of the person submitting information that he of the standby mode and off mode public meeting. DOE will present or she believes to be confidential and energy consumption for vented heaters.

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5. Integrated Thermal Efficiency for b. Removing the words ‘‘section 4.3 of c. Adding new sections 1.1, 1.16, 1.22, Pool Heaters. DOE seeks comment on appendix P’’ in paragraph (p)(1)(ii) and 1.25 and 1.30; the proposed efficiency descriptor, adding in their place ‘‘section 5.3 of d. Adding new sections 3.7, 3.7.1, and integrated thermal efficiency, that appendix P’’. 3.7.2; and would allow for integration of standby e. Revising sections 4.6.3 and 4.6.3.1, Appendix G to Subpart B—[Amended] mode and off mode energy consumption and adding a new section 4.7. into a single efficiency measure, and 4. Appendix G to Subpart B of Part The additions and revisions read as whether this approach would allow for 430 is amended in section 2 by adding follows: the integration and incorporation into new sections 2.3, 2.3.1, 2.4, and 2.4.1 to Appendix O to Subpart B of Part 430— the test procedure and an energy read as follows: Uniform Test Method for Measuring the conservation standard, as called for in Appendix G to Subpart B of Part 430— Energy Consumption of Vented Home 42 U.S.C. 6295(gg)(2)(A) and 42 U.S.C. Uniform Test Method for Measuring the Heating Equipment 6295(gg)(3) respectively. Energy Consumption of Unvented Home Note: The procedures and calculations that VI. Approval of the Office of the Heating Equipment refer to standby mode and off mode energy Secretary * * * * * consumption, (i.e., sections 3.7 and 4.7 of 2. Testing and measurements. this appendix O) need not be performed to The Secretary of Energy has approved determine compliance with energy publication of this notice of proposed * * * * * conservation standards for vented heaters at rulemaking. 2.3 Pilot light measurement. Except as this time. However, any representation provided in section 2.3.1, measure the energy List of Subjects in 10 CFR Part 430 related to standby mode and off mode energy input rate to the pilot light (Qp), with an error consumption of these products made after Administrative practice and no greater than 3 percent, for unvented [date 180 days after date of publication of the procedure, Confidential business heaters so equipped. test procedure final rule in the Federal 2.3.1 The measurement of Q is not information, Energy conservation, p Register] must be based upon results required for unvented heaters where the pilot generated under this test procedure, Household appliances, Imports, light is designed to be turned off by the user consistent with the requirements of 42 U.S.C. Incorporation by reference, when the heater is not in use (i.e., for units 6293(c)(2). After July 1, 2010, any adopted Intergovernmental relations, Small where turning the control to the OFF position energy conservation standard shall businesses. will shut off the gas supply to the burner(s) incorporate standby mode and off mode and the pilot light). This provision applies Issued in Washington, DC, on August 20, energy consumption, and upon the only if an instruction to turn off the unit is 2010. compliance date for such standards, provided on the heater near the gas control compliance with the applicable provisions of Cathy Zoi, value (e.g., by label) by the manufacturer. this test procedure will also be required. Assistant Secretary, Energy Efficiency and 2.4 Electrical standby mode power 1.0. Definitions. Renewable Energy. measurement. Except as provided in section 1.1 ‘‘Active mode’’ means the condition For the reasons stated in the 2.4.1, for all electric heaters and unvented during the heating season in which the preamble, DOE is proposing to amend heaters with electrical auxiliaries, measure vented heater is connected to the power part 430 of chapter II, subchapter D of the standby power (PSB) in accordance with source, and either the burner or any electrical title 10 of the Code of Federal the procedures in the International auxiliary is activated. Electrotechnical Commission (IEC) Standard * * * * * Regulations, to read as set forth below: 62301, ‘‘Household electrical appliances— 1.16 ‘‘IEC 62301’’ means the test standard Measurement of standby power,’’ Publication published by the International PART 430—ENERGY CONSERVATION 62301 First Edition 2005–06 (incorporated by Electrotechnical Commission, titled PROGRAM FOR CONSUMER reference; see § 430.3), with all electrical ‘‘Household electrical appliances— PRODUCTS components not activated. Voltage shall be as Measurement of standby power,’’ Publication specified in section 1.4.1 Electrical supply of 1. The authority citation for part 430 62301 First Edition 2005–06. (incorporated this appendix. by reference; see § 430.3) continues to read as follows: 2.4.1 The measurement of PSB is not Authority: 42 U.S.C. 6291–6309; 28 U.S.C. required for heaters designed to be turned off * * * * * 1.22 ‘‘Off mode’’ means the condition 2461 note. by the user when the heater is not in use (i.e., for units where turning the control to the during the non-heating season in which the 2. Section 430.3 is amended by OFF position will shut off the electrical vented heater is connected to the power revising paragraph (c)(13) to read as supply to the heater). This provision applies source, and neither the burner nor any follows: only if an instruction to turn off the unit is electrical auxiliary is activated. provided on the heater (e.g., by label) by the * * * * * § 430.3 Materials incorporated by manufacturer. 1.25 ‘‘Seasonal off switch’’ means the reference. * * * * * control device, such as a lever or toggle, on * * * * * the vented heater that affects a difference in (c) * * * Appendix O to Subpart B—[Amended] off mode energy consumption as compared to standby mode consumption. (13) ANSI Z21.56–2006 (‘‘ANSI 5. Appendix O to Subpart B of Part Z21.56’’), Standard for Gas-Fired Pool 430 is amended by: * * * * * 1.30 ‘‘Standby mode’’ means the Heaters, approved December 13, 2005, a. Adding a Note after the heading; IBR approved for Appendix P to Subpart condition during the heating season in which b. Redesignating sections 1.1 through the vented heater is connected to the power B. 1.33 as follows: source, and neither the burner nor any * * * * * electrical auxiliary is activated. Old sections New sections § 430.23 [Amended] * * * * * 3.0 Testing and measurements. 3. Section 430.23 is amended by: 1.1 to 1.14 ...... 1.2 to 1.15. * * * * * a. Removing the words ‘‘section 4.2 of 1.15 to 1.19 ...... 1.17 to 1.21. 1.20 and 1.21 ...... 1.23 and 1.24. 3.7 Measurement of electrical standby appendix P’’ in paragraph (p)(1)(i) and mode and off mode power. ‘‘ 1.22 to 1.25 ...... 1.26 to 1.29. adding in their place section 5.2 of 1.26 to 1.33 ...... 1.31 to 1.38. 3.7.1 Standby power measurements. With appendix P’’, and all electrical auxiliaries of the vented heater

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not activated, measure the standby power 4,160 = average heating season hours per year 2.1 Active mode. The test method for (PSB) in accordance with the procedures in POFF = vented heater off mode power, in testing pool heaters in active mode is as IEC 62301 (incorporated by reference, see watts, as measured in section 3.7 specified in ANSI Z21.56 (incorporated by § 430.3), except that section 2.9, Room 4,600 = average non-heating season hours per reference; see § 430.3). ambient temperature, and the voltage year 2.2 Standby mode. The test method for provision of section 2.3.5, Electrical supply, K = 0.001 kWh/Wh, conversion factor for testing the energy consumption of pool of this appendix shall apply in lieu of the IEC watt-hours to kilowatt-hours. heaters in standby mode is as described in 62301 corresponding sections 4.2, Test room, BOH = burner operating hours as calculated sections 3 through 5 below. and 4.3, Power supply. Clarifying further, the in section 4.6.1 where for single stage 2.3 Off mode. IEC 62301 sections 4.5, Power measurement controls or manual controls vented 2.3.1 Pool heaters with a seasonal off accuracy, and section 5, Measurements, shall heaters BOH = BOHSS and for vented switch. apply in lieu of section 2.8, Energy flow heaters equipped with two stage or For pool heaters with a seasonal off switch, instrumentation, of this appendix. Measure modulating controls BOH = (BOHR + no off-mode test is required. the wattage so that all possible standby mode 2.3.2 Pool heaters without a seasonal off BOHH). wattage for the entire appliance is recorded, switch. not just the standby mode wattage of a single 6. Appendix P to Subpart B of Part For pool heaters without a seasonal off auxiliary. 430 is revised to read as follows: switch, the test method for testing the energy 3.7.2 Off mode power measurement. If consumption of the pool heater is as the unit is equipped with a seasonal off Appendix P to Subpart B of Part 430— described in sections 3 through 5 below. switch or there is an expected difference Uniform Test Method for Measuring the 3. Test conditions. between off mode power and standby mode Energy Consumption of Pool Heaters 3.1 Active mode. Establish the test power, measure off mode power (POFF) in conditions specified in section 2.10 of ANSI accordance with the standby power Note: The procedures and calculations that Z21.56 (incorporated by reference; see procedures in IEC 62301 (incorporated by refer to standby mode and off mode energy § 430.3). reference, see § 430.3), except that section consumption (i.e., sections 2.2, 2.3, 3.2, 4.2, 3.2 Standby mode and off mode. 2.9, Room ambient temperature, and the 4.3, 5.3 equation (3), and 5.4 of this appendix Following the conclusion of the 30-minute voltage provision of section 2.3.5, Electrical P) need not be performed to determine active mode test described in section 3.1, supply, of this appendix shall apply in lieu compliance with energy conservation reduce the thermostat setting to a low enough of the IEC 62301 corresponding sections 4.2, standards for pool heaters at this time. temperature to put the pool heater into Test room, and 4.3, Power supply. Clarifying However, any representation related to standby mode. Reapply the energy sources further, the IEC 62301 sections 4.5, Power standby mode and off mode energy and operate the pool heater in standby mode measurement accuracy, and section 5, consumption of these products made after for 60 minutes. Measurements, shall apply in lieu of section [date 180 days after date of publication of the 4. Measurements. 2.8, Energy flow instrumentation, of this test procedure final rule in the Federal 4.1 Active mode. Measure the quantities appendix. Measure the wattage so that all Register] must be based upon results delineated in section 2.10 of ANSI Z21.56 possible standby mode wattage for the entire generated under this test procedure, (incorporated by reference; see § 430.3). The appliance is recorded, not just the standby consistent with the requirements of 42 U.S.C. measurement of energy consumption for oil- mode wattage of a single auxiliary. If there 6293(c)(2). After July 1, 2010, any adopted fired pool heaters in Btu is to be carried out is no expected difference in off mode power energy conservation standard shall in appropriate units (e.g., gallons). and standby mode power, let POFF = PSB, in incorporate standby mode and off mode 4.2 Standby mode. Record the total which case no separate measurement of off energy consumption, and upon the electricity consumption during the standby mode power is necessary. compliance date for such standards, mode test, Es, in Wh, in accordance with 4.0 Calculations. compliance with the applicable provisions of section 5 of IEC 62301 (incorporated by * * * * * this test procedure will also be required. reference; see § 430.3) and the fossil fuel energy consumption during the standby test, 4.6.3 Average annual auxiliary electrical 1. Definitions. energy consumption for vented heaters. For Q p, in Btu. Ambient temperature and voltage 1.1. Active mode means the condition specifications of ANSI Z21.56 (incorporated vented heaters with single stage controls or during the pool heating season in which the manual controls, the average annual auxiliary by reference; see § 430.3) shall apply to this pool heater is connected to the power source, standby mode testing. electrical consumption (EAE) is expressed in and the main burner, electric resistance kilowatt-hours and defined as: 4.3 Off mode. element, or heat pump is activated to heat 4.3.1 Pool heaters with a seasonal off EAE = BOHSSPE + ESO pool water. switch. For pool heaters with a seasonal off Where: 1.2 IEC 62301 means the test standard switch, the total electricity consumption published by the International BOHSS = as defined in 4.6.1 of this appendix during the off mode, Eoff = 0, and the fossil Electrotechnical Commission, titled PE= as defined in 3.1.3 of this appendix fuel energy consumed during the off mode, ‘‘Household electrical appliances— ESO = as defined in 4.7 of this appendix Qoff = 0. Measurement of standby power,’’ Publication 4.6.3.1 For vented heaters with two stage 4.3.2 Pool heaters without a seasonal off 62301 First Edition 2005–06. (incorporated switch. Record the total electricity or modulating controls, EAE is defined as: by reference; see § 430.3) consumption during the standby/off mode EAE=(BOHR+BOHH)PE + ESO 1.3 Off mode means the condition during test, Eoff (= Es), in Wh, in accordance with Where: the non-pool heating season in which the section 5 of IEC 62301 (incorporated by BOHR= as defined in 4.6.1 of this appendix pool heater is connected to the power source, reference; see § 430.3), and the fossil fuel BOHH= as defined in 4.6.1 of this appendix and neither the main burner, electric energy consumption during the off mode test, PE= as defined in 3.1.3 of this appendix resistance elements, nor heat pump is Qoff (= Qp), in Btu. Ambient temperature and ESO = as defined in 4.7 of this appendix activated. voltage specifications of ANSI Z21.56 * * * * * 1.4 Seasonal off switch means a switch (incorporated by reference; see § 430.3) shall 4.7 Average annual electric standby present on the pool heater that effects a apply to this off mode testing. mode and off mode energy consumption. difference in off mode energy consumption 5. Calculations. Calculate the annual electric standby mode as compared to standby mode energy 5.1 Thermal efficiency. Calculate the consumption. thermal efficiency, Et (expressed as a and off mode energy consumption, ESO, defined as, in kilowatt-hours: 1.5 Standby mode means the condition percent), as specified in section 2.10 of ANSI ¥ during the pool heating season in which the Z21.56 (incorporated by reference; see ESO = ((PSB * (4160 BOH)) + (POFF * 4600)) pool heater is connected to the power source, § 430.3). The expression of fuel consumption * K and neither the main burner, electric for oil-fired pool heaters shall be in Btu. Where: resistance elements, nor heat pump is 5.2 Average annual fossil fuel energy for PSB = vented heater standby mode power, in activated. pool heaters. The average annual fuel energy watts, as measured in section 3.7 2. Test Method. for pool heaters, EF, is defined as:

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¥ EF = BOH QIN + (POH BOH)QPR + (8760 100 = conversion factor, from percent to into fatigue cracks in the skin and cause ¥ POH) Qoff,R fraction sudden decompression of the airplane. Where: 5.4.2 Calculate the annual input to the DATES: We must receive comments on pool heater as: BOH = average number of burner operating this supplemental NPRM by September hours = 104 h EIN = EF + EAE 24, 2010. POH = average number of pool operating Where: hours = 4464 h ADDRESSES: You may send comments by EF = as defined in 5.2 of this appendix QIN = rated fuel energy input as defined any of the following methods: E = as defined in 5.3 of this appendix according to section 2.10.1 or section AE • 5.4.3 Calculate the pool heater integrated Federal eRulemaking Portal: Go to 2.10.2 of ANSI Z21.56 (incorporated by http://www.regulations.gov. Follow the reference; see § 430.3), as appropriate. thermal efficiency (TEI) (in percent). TE = 100(E /E ) instructions for submitting comments. QPR = average energy consumption rate of I OUT IN • Fax: 202–493–2251. continuously operating pilot light, if Where: • Mail: U.S. Department of employed, = (Q /1 h) P EOUT = as defined in 5.4.1 of this appendix Transportation, Docket Operations, QP = energy consumption of continuously EIN = as defined in 5.4.2 of this appendix M–30, West Building Ground Floor, operating pilot light, if employed, as 100 = conversion factor, from fraction to measured in section 4.2, in Btu percent Room W12–140, 1200 New Jersey 8,760 = number of hours in one year Avenue, SE., Washington, DC 20590. [FR Doc. 2010–21363 Filed 8–27–10; 8:45 am] Qoff,R = average off mode fossil fuel energy • Hand Delivery: U.S. Department of consumption rate = Qoff/(1 h) BILLING CODE 6450–01–P Transportation, Docket Operations, Qoff = off mode energy consumption as M–30, West Building Ground Floor, defined in section 4.3 of this appendix Room W12–140, 1200 New Jersey 5.3 Average annual auxiliary electrical DEPARTMENT OF TRANSPORTATION energy consumption for pool heaters. The Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday average annual auxiliary electrical energy Federal Aviation Administration consumption for pool heaters, EAE, is through Friday, except Federal holidays. expressed in Btu and defined as: For service information identified in 14 CFR Part 39 (1) EAE = EAE,active + EAE,standby,off this proposed AD, contact Boeing (2) EAE,active = BOH * PE [Docket No. FAA–2008–0107; Directorate Commercial Airplanes, Attention: Data ¥ (3) EAE,standby,off = (POH BOH) Es,aux + (8760 Identifier 2007–NM–087–AD] & Services Management, P.O. Box 3707, ¥ POH) Eoff,aux MC 2H–65, Seattle, Washington 98124– Where: RIN 2120–AA64 2207; telephone 206–544–5000, EAE,active = auxiliary electrical consumption extension 1; fax 206–766–5680; e-mail Airworthiness Directives; The Boeing in the active mode [email protected]; Internet Company Model 747–100, 747–100B, EAE,standby,off = auxiliary electrical https://www.myboeingfleet.com. You consumption in the standby and off 747–100B SUD, 747–200B, 747–200C, may review copies of the referenced mode 747–200F, 747–300, 747–400, 747– service information at the FAA, PE = 2Ec, if heater is tested according to 400D, 747–400F, 747SR, and 747SP Transport Airplane Directorate, 1601 section 2.10.1 of ANSI Z21.56 Series Airplanes (incorporated by reference; see § 430.3), Lind Avenue, SW., Renton, Washington. in Btu/h AGENCY: Federal Aviation For information on the availability of = 3.412 PErated, if heater is tested according Administration (FAA), DOT. this material at the FAA, call 425–227– to section 2.10.2 of ANSI Z21.56, in 1221. Btu/h ACTION: Supplemental notice of Ec = electrical consumption of the heater proposed rulemaking (NPRM); Examining the AD Docket reopening of comment period. (converted to equivalent unit of Btu), You may examine the AD docket on including the electrical energy to the recirculating pump if used, during the SUMMARY: We are revising an earlier the Internet at http://www.regulations. 30-minute thermal efficiency test, as proposed airworthiness directive (AD) gov; or in person at the Docket defined in section 2.10.1 of ANSI Z21.56, for certain Model 747–100, 747–100B, Management Facility between 9 a.m. in Btu per 30 min. 747–100B SUD, 747–200B, 747–200C, and 5 p.m., Monday through Friday, 2 = conversion factor to convert unit from per 747–200F, 747–300, 747–400, 747– except Federal holidays. The AD docket 30 min. to per h. 400D, 747–400F, 747SR, and 747SP contains this proposed AD, the PE = nameplate rating of auxiliary rated series airplanes. The original NPRM regulatory evaluation, any comments electrical equipment of heater, in Watts received, and other information. The BOH = as defined in 5.2 of this appendix would have required inspections for POH = as defined in 5.2 of this appendix scribe lines in affected lap and butt street address for the Docket Office (telephone 800–647–5527) is in the Es,aux = electrical energy consumption rate splices, wing-to-body fairings locations, ADDRESSES during standby mode = 3.412 Es/(1 h), and external repair and cutout section. Comments will be Btu/h reinforcement areas; and related available in the AD docket shortly after Es = as defined in 4.2 of this appendix investigative and corrective actions if receipt. Eoff,aux = electrical energy consumption rate necessary. The original NPRM resulted FOR FURTHER INFORMATION CONTACT: during off mode = 3.412 Eoff/(1 h), Btu/ from reports of scribe lines found at lap Nicholas Han, Aerospace Engineer, h joints and butt joints, around external Airframe Branch, ANM–120S, FAA, Eoff = as defined in 4.3 of this appendix 5.4 Integrated thermal efficiency. doublers and antennas, and at locations Seattle Aircraft Certification Office, 5.4.1 Calculate the seasonal useful output where external decals had been cut. 1601 Lind Avenue, SW., Renton, of the pool heater as: This action revises the original NPRM Washington 98057–3356; telephone

EOUT = BOH[(Et/100)(QIN + PE)] by revising certain compliance times (425) 917–6449; fax (425) 917–6590. Where: including reducing the compliance time SUPPLEMENTARY INFORMATION: BOH = as defined in 5.2 of this appendix for certain repetitive inspections. This supplemental NPRM also proposes to Comments Invited Et = thermal efficiency as defined in 5.1 of this appendix add inspections for certain airplanes. We invite you to send any written QIN = as defined in 5.2 of this appendix We are proposing this AD to detect and relevant data, views, or arguments about PE = as defined in 5.3 of this appendix correct scribe lines, which can develop this proposed AD. Send your comments

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to an address listed under the dated November 8, 2007; or Boeing 2010, states that if scribe lines were ADDRESSES section. Include ‘‘Docket No. Service Bulletin 747–53A2563, Revision found previously and are being FAA–2008–0107; Directorate Identifier 2, dated June January 3, 2008. inspected as part of the LRTS program, 2007–NM–087–AD’’ at the beginning of Boeing Service Bulletin 747– the repeat inspections are done in your comments. We specifically invite 53A2563, Revision 4, dated May 6, accordance with Boeing Service Bulletin comments on the overall regulatory, 2010: 747–53A2563, Revision 4, dated May 6, economic, environmental, and energy • Revises the repeat inspection 2010. aspects of this proposed AD. We will interval data for lap joint and butt joint Requests To Delay AD Issuance consider all comments received by the areas that have scribe damage which are Pending Revised Service Information closing date and may amend this inspected under the Limited Return to proposed AD because of those Service (LRTS) inspection program. Japan Airlines (JAL) reports that comments. • For airplanes identified as Group 2, certain structures prevented the We will post all comments we Group 3 Configuration 2, Group 4, accomplishment of the inspection receive, without change, to http:// Group 6, and Group 8 airplanes in specified in Boeing Service Bulletin www.regulations.gov, including any Boeing Service Bulletin 747–53A2563, 747–53A2563, Revision 2, dated January personal information you provide. We Revision 4, dated May 6, 2010: Adds 3, 2008. JAL therefore believes that more will also post a report summarizing each detailed inspections for scribe lines of detailed information in the service substantive verbal contact we receive the S–18L lap splice from station (STA) bulletin is necessary to prevent operator about this proposed AD. 1780 to STA 1920 (on the main deck inconvenience. We infer that the commenter is requesting that we delay Discussion side cargo door) to inspection area 3. • For airplanes identified as Group 1 issuing the final rule until Boeing We issued a notice of proposed and Group 2 airplanes in Boeing Service Service Bulletin 747–53A2563, Revision rulemaking (NPRM) (the ‘‘original Bulletin 747–53A2563, Revision 4, 2, dated January 3, 2008, is revised to NPRM’’) to amend 14 CFR part 39 to dated May 6, 2010: Adds detailed address these concerns. include an airworthiness directive (AD) KLM reports that some of the inspections for scribe lines of the S34R that would apply to certain Model 747– nondestructive test (NDT) inspections lap splice from STA 1810 to STA 1920 100, 747–100B, 747–100B SUD, 747– could not be performed according to the (on the aft lower lobe cargo door). 200B, 747–200C, 747–200F, 747–300, procedures specified in Boeing Service • For airplanes identified as Group 3 747–400, 747–400D, 747–400F, 747SR, Bulletin 747–53A2563, Revision 2, and Group 4 airplanes in Boeing Service and 747SP series airplanes. That dated January 3, 2008, without Bulletin 747–53A2563, Revision 4, original NPRM was published in the modifying the process itself. KLM adds dated May 6, 2010: Adds detailed Federal Register on January 31, 2008 that the inspection areas and details are inspections for scribe lines of the S–6L (73 FR 5768). That original NPRM vague, ambiguous, and subject to and S–6R lap splice from STA 1000 to proposed to require inspections for misinterpretation. KLM requests that, to 1220 to inspection area 3. scribe lines in affected lap and butt eliminate requests for alternative • Adds general repair instructions for splices, wing-to-body fairing locations, methods of compliance (AMOCs) lap joint locations with scribe lines, but and external repair and cutout related to this matter, we delay issuing no cracks in Paragraph 3.B. of Part 17 reinforcement areas; and related the final rule until these matters are in the work instructions and in a new investigative and corrective actions if resolved. necessary. Appendix F. We agree that clarification may be Boeing Service Bulletin 747–53A2563, necessary. While the commenters did Actions Since Original NPRM Was Revision 4, dated May 6, 2010, adds not provide specific details of the Issued more work for Group 1, Group 2, Group difficulties they encountered, Boeing Since we issued the original NPRM, 3, Group 4, Group 6, and Group 8 Service Bulletin 747–53A2563, Revision Boeing has issued Service Bulletin 747– airplanes that were previously inspected 4, dated May 6, 2010, clarifies multiple 53A2563, Revision 3, dated June 11, in Area 3 in accordance with the steps and procedures as described 2009; and Service Bulletin 747– original issue, dated March 29, 2007; previously. We have revised this 53A2563, Revision 4, dated May 6, Revision 2, dated January 3, 2008; or supplemental NPRM to refer to Boeing 2010. The procedures in Revision 3 are Revision 3, dated June 11, 2009; of Service Bulletin 747–53A2563, Revision essentially the same as those in Boeing Boeing Service Bulletin 747–53A2563. 4, dated May 6, 2010. Service Bulletin 747–53A2563, Revision Boeing Service Bulletin 747–53A2563, 2, dated January 3, 2008, which we Revision 4, dated May 6, 2010, specifies Request To Delay AD Issuance Pending referred to as the appropriate source of that at the time given in Table 29 of Repair Instructions service information for accomplishing Paragraph 1.E., ‘‘Compliance,’’ of Boeing JAL states that the NPRM would the actions proposed in the original Service Bulletin 747–53A2563, Revision require operators to contact the NPRM. However, Revision 3 of this 4, dated May 6, 2010, certain lap splices manufacturer for a method to repair service bulletin changes the initial are inspected in accordance with discrepancies. (Although Boeing Service threshold for the inspection at certain Paragraph 3.B., Work Instructions, Bulletin 747–53A2563, Revision 4, lap joints and changes the repeat PART 19. dated May 6, 2010, specifies this inspection intervals (including some Boeing Service Bulletin 747– directive, the original and this reductions in inspection intervals) for 53A2563, Revision 4, dated May 6, supplemental NPRM propose to require many lap joint inspection areas. 2010, specifies that no more work is operators to contact the FAA for a repair Revision 3 of this service bulletin also necessary on Group 5, Group 7, and method.) JAL anticipates many such adds more work for airplanes that were Group 9 airplanes that were inspected inquiries from operators, resulting in previously inspected in Area 1 and Area in accordance with Boeing Service delayed responses from the 2 in accordance with Boeing Alert Bulletin 747–53A2563, Revision 3, manufacturer. The commenter requests Service Bulletin 747–53A2563, dated dated June 11, 2009. that we delay issuing the final rule until March 29, 2007; Boeing Alert Service Boeing Service Bulletin 747– a typical repair is incorporated into the Bulletin 747–53A2563, Revision 1, 53A2563, Revision 4, dated May 6, structural repair manual (SRM).

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We do not agree with the commenter changed the supplemental NPRM in bulletin specifications in the proposed to delay the final rule until a typical regard to this issue. AD: repair can be incorporated into the Request To Revise Inspection (i) This AD required performing the SRM. Boeing Service Bulletin 747– Threshold for Certain Airplanes inspections of the STA 1283 butt joint on 53A2563, Revision 4, dated May 6, Groups 3 and 4 from STR–4.6 to STR–6 per 2010, provides procedures for an British Airways (BA) requests that we Service Bulletin 747–53A2563 Revision 2, inspection to determine the extent of revise the inspection threshold for dated January 3, 2008, except allows this scribe lines on the airplanes. This certain airplanes. BA states that the location to be treated as Area 2 rather than service bulletin refers to several SRMs proposed inspection thresholds penalize Area 1 for the initial inspection threshold as a source of information for repairing and allows a LRTS inspection interval of operators of airplanes with lower flight 1500 flight cycles rather than 500. cracks. For certain repair instructions, cycles. BA recommends that we review this service bulletin also specifies to Boeing’s Fleet Team Resolution Process Boeing states that this change would be contact Boeing for repair instructions; Item 04134, which discusses the check reflected in a future revision to the however, paragraph (i) of this level required to accomplish the Area 1 service bulletin. supplemental NPRM would require that inspections. According to the We agree with the request. However, operators repair in a manner approved commenter, operator consensus since the time that Boeing submitted its by the FAA. In addition, Boeing Service indicates these inspections will require comments, Boeing released Service Bulletin 747–53A2563, Revision 4, a D check. BA suggests that airplanes Bulletin 747–53A2563, Revision 4, dated May 6, 2010, provides a LRTS with fewer than 17,500 flight cycles be dated May 6, 2010, which incorporates inspection program for scribe lines assigned a threshold of the earlier of the the inspection and compliance times found during the required inspections. next D check following 15,000 total described above. Because the inspection We note the existing Model 747 SRMs flight cycles, or 19,000 total flight and times are included in Revision 4 of referenced in Boeing Service Bulletin cycles, whichever is sooner. this service bulletin and we propose to mandate the requirements contained in 747–53A2563, Revision 4, dated May 6, We do not agree to revise the Boeing Service Bulletin 747–53A2563, 2010, have lap splice repairs that are inspection threshold for certain Revision 4, dated May 6, 2010, this acceptable to repair scribe line damage. airplanes. We reviewed the Boeing Fleet inspection is no longer a difference We have not changed the supplemental Team Resolution Process Item 04134, between the service bulletin NPRM regarding this issue. which suggests that a D check would be specification and this supplemental the suitable opportunity to accomplish Request To Delay AD Issuance Pending NPRM. We have not changed the the scribe line inspections. We do not Revised Inspection Interval supplemental NPRM in this regard. JAL notes that the inspection interval specify compliance times in terms of is the same from butt joint to butt joint ‘‘letter checks.’’ Since maintenance Request To Revise Reporting or lap joint to lap joint. JAL states that schedules vary among operators, we Requirement it understands that the stress value can have determined that the compliance Boeing requests that we revise the be provided (i.e., the stress value can times as proposed are appropriate. The reporting requirement, which is vary) from stringer to stringer or frame minimum grace period for compliance paragraph (i) in the NPRM (now to frame. Therefore, JAL requests that with this AD is 1,500 flight cycles for identified as paragraph (j) in this we wait to issue the final rule until airplanes with fewer than 17,500 total supplemental NPRM), to require Boeing Service Bulletin 747–53A2563, flight cycles, which corresponds to operators to also report the maximum Revision 2, dated January 3, 2008, is approximately 3 years based on a scribe depth on each airplane. Boeing revised to incorporate more detailed typical utilization of 500 flight cycles states that this pertinent information inspection intervals. per year for long-haul airplanes. A 3- would allow Boeing to better assess the We infer that the commenter is asking year grace period is sufficient for accuracy of the 747 inspection program, if the repetitive inspection intervals operators to plan for the scribe line and is necessary for Boeing to re- along a lap splice from butt joint to butt inspections, and will allow for timely evaluate the accuracy of the overall joint, or along a butt joint from lap data collection for use in developing scribe analysis methodology. splice to lap splice, may be extended in final action and determining whether We agree with the request to revise certain areas if the local stresses are this AD should be revised in the future. the reporting requirement. The scribe used to determine the repetitive We have not changed the supplemental depths must be determined during the intervals. We do not find any benefit in NPRM regarding this issue. However, mandated inspections, and this intent variable repetitive inspection intervals operators may request an AMOC in was included in the phrase in paragraph for a lap splice or butt splice. The accordance with the procedures in (i) of the original NPRM that reads repetitive inspection intervals have been paragraph (m) of this AD. ‘‘description of any discrepancies determined after a review of the specific Request To Extend Compliance Time found.’’ However, we have included stresses the commenter notes, and then for Certain Inspection Locations additional language to clarify the the stress that provided the lowest reporting requirement by specifying that repetitive interval was used to simplify Boeing requests that we extend the scribe depths are to be included in the the inspection along a lap or butt splice. compliance time for certain inspection required report. Including the depth If each stringer or frame bay stress were locations. Boeing reports that recent information with the required report, used along the entire joint, the work engineering analysis has revealed therefore, would create no additional instructions would become too large to slightly reduced stresses in the STA burden to operators. We have revised manage and accomplish in a reasonable 1283 butt joint. The resulting greater paragraph (j) of this supplemental manner. Also, Boeing has released analytical threshold and interval value NPRM to clarify this requirement. Boeing Service Bulletin 747–53A2563, would allow for longer compliance Revision 4, dated May 6, 2010, and this times to inspect this location on certain Request To Limit Data Collection revision includes improved data for the airplanes. Boeing therefore requests that BA requests that we limit the data repeat inspection interval for lap joint we add the following new paragraph as collection. BA questions the need for and butt joint areas. We have not an additional exception to the service the reporting requirement specified in

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the NPRM. BA claims that the reports, who inspected using Boeing Alert required. BA requests that we revise that as they are being submitted, would soon Service Bulletin 747–53A2563, dated section to include the following provide Boeing with adequate data to March 29, 2007, would not likely have additional exception: reassess the proposed actions and inspected STA 1283, a new area of Where the airplane has been delivered compliance times (based on the number inspection added in Boeing Service without fillet sealed lap joints (i.e., is not of affected airplanes). BA recommends Bulletin 747–53A2563, Revision 2, included in the listing in the SB appendix E), that provisions be included in the dated January 3, 2008, and included in and the operator has not applied sealant to NPRM to ensure that Boeing and the the original NPRM. Boeing therefore the lap joints during any maintenance or FAA will reassess the data in a timely requests that we revise paragraph (j) of paint input, then lap joint inspections are not manner, after a statistically significant the NPRM (which is now paragraph (l) required. number of data points have been of the supplemental NPRM) to include The commenter adds that this condition collected—with a view to revising the the following provisions related to this is provided in Boeing Service Bulletin service bulletin and AD compliance inspection area: 747–53A2563, Revision 2, dated January times based on actual data. • Required inspection for scribe We infer that BA is requesting that we damage of the STA 1283 butt joint on 3, 2008. eventually remove the reporting Groups 3 and 4 from STR–4.5 to STR– We do not agree with the request. requirement from the AD. We partially 6 in accordance with Boeing Service Appendix E of this service bulletin agree. We do not agree to remove the Bulletin 747–53A2563, Revision 2, identifies airplanes that had fillet seals reporting requirements from this dated January 3, 2008; installed during production. Several supplemental NPRM. The original • A compliance time within 1,500 operators subsequently removed the NPRM and this supplemental NPRM flight cycles after the effective date of fillet seals, and a listing was needed to clearly note that this AD is considered this AD or before the threshold cycle ensure that those airplanes delivered interim action. Data received from the limit corresponding to the Area 2 with fillet seals would be inspected. In required reporting will be evaluated to inspection, whichever occurs later; and addition, fillet seals might have been help determine whether further • Repair of scribe damage as specified applied to lap joints at various times rulemaking will be necessary or whether in paragraph (f) of the NPRM (which is and subsequently removed, and the inspection requirements can be now paragraph (g) of the supplemental maintenance records might not contain relaxed. We have not changed the NPRM). sufficient detail for such an exclusion. supplemental NPRM in this regard. We agree, for the reasons provided by We have not changed the supplemental the commenter. However, since the time NPRM regarding this issue. Request To Provide Additional Detail in that Boeing submitted its comments, it the Service Bulletin issued Service Bulletin 747–53A2563, FAA’s Determination and Proposed KLM notes that Boeing Service Revision 4, dated May 6, 2010, which Requirements of the Supplemental Bulletin 747–53A2563, Revision 2, incorporates the inspection and NPRM dated January 3, 2008, provides for compliance times described above along We are proposing this supplemental with other inspections required for some relief for un-inspectable locations, NPRM because we evaluated all airplanes that were previously inspected but states that this relief is insufficient pertinent information and determined in accordance with earlier issues of this for several structural details, and no an unsafe condition exists and is likely service bulletin. Because the referenced alternative inspection method is to exist or develop on other products of inspection and times are included in available. The commenter provides no these same type designs. Certain Revision 4 of this service bulletin and further information. changes described above expand the We infer that KLM is requesting that we propose to mandate the scope of the original NPRM. As a result, we delay issuance of the final rule until requirements contained in Revision 4 of we have determined that it is necessary Boeing Service Bulletin 747–53A2563, this service bulletin, there is no need to to reopen the comment period to Revision 2, dated January 3, 2008, is state this requirement specifically. provide additional opportunity for the revised to provide the structural details. Rather, we have added a new paragraph public to comment on this supplemental Boeing has released Boeing Service (k) to this supplemental NPRM to NPRM. Bulletin 747–53A2563, Revision 4, require certain actions done in dated May 6, 2010, which provides accordance with Boeing Service Bulletin Explanation of Change to Costs of more information regarding inspections. 747–53A2563, Revision 4, dated May 6, Compliance We have revised this supplemental 2010, for airplanes that were previously NPRM to refer to Boeing Service inspected in accordance with Boeing Since issuance of the original NPRM, Bulletin 747–53A2563, Revision 4, Alert Service Bulletin 747–53A2563, we have increased the labor rate used in dated May 6, 2010, as the appropriate dated March 29, 2007; Boeing Service the Costs of Compliance from $80 per source of service information in this Bulletin 747–53A2563, Revision 2, work-hour to $85 per work-hour. The supplemental NPRM. dated January 3, 2008; or Boeing Service Costs of Compliance information, Bulletin 747–53A2563, Revision 3, below, reflects this increase in the Request To Stipulate Credit Conditions dated June 11, 2009. specified hourly labor rate. Boeing states that paragraph (j) of the Costs of Compliance NPRM indicated that operators could Request To Add Exception to Inspection receive credit for inspections done Requirements There are about 1,038 airplanes of the before the effective date of the AD BA notes that the Relevant Service affected design in the worldwide fleet. according to the Boeing Alert Service Information section of the NPRM The following table provides the Bulletin 747–53A2563, dated March 29, describes conditions under which estimated costs for U.S. operators to 2007. But, as Boeing notes, operators certain inspections would not be comply with this supplemental NPRM.

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ESTIMATED COSTS

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

Detailed inspections ...... 1,020 to 1,140 ..... $85 $86,700 to $96,900 ...... 219 $18,987,300 to $21,221,100.

Authority for This Rulemaking The Proposed Amendment and butt splices, wing-to-body fairing locations, and external repair and cutout Title 49 of the United States Code Accordingly, under the authority reinforcement areas, and do all applicable specifies the FAA’s authority to issue delegated to me by the Administrator, related investigative and corrective actions, rules on aviation safety. Subtitle I, the FAA proposes to amend 14 CFR part by accomplishing all actions specified in the section 106, describes the authority of 39 as follows: Accomplishment Instructions of Boeing the FAA Administrator. ‘‘Subtitle VII: Service Bulletin 747–53A2563, Revision 4, PART 39—AIRWORTHINESS Aviation Programs,’’ describes in more dated May 6, 2010, except as provided by DIRECTIVES paragraph (i) of this AD. detail the scope of the Agency’s authority. Note 1: The inspection exemptions noted 1. The authority citation for part 39 in paragraph 1.E., ‘‘Compliance,’’ of Boeing We are issuing this rulemaking under continues to read as follows: Service Bulletin 747–53A2563, Revision 4, the authority described in ‘‘Subtitle VII, Authority: 49 U.S.C. 106(g), 40113, 44701. dated May 6, 2010, apply to this AD provided Part A, Subpart III, Section 44701: that the operator meets the requirements General requirements.’’ Under that § 39.13 [Amended] stated in each applicable exemption. 2. The FAA amends § 39.13 by adding section, Congress charges the FAA with Exceptions to Service Bulletin Specifications promoting safe flight of civil aircraft in the following new AD: air commerce by prescribing regulations (h) Where Boeing Service Bulletin 747– The Boeing Company: Docket No. FAA– 53A2563, Revision 4, dated May 6, 2010, for practices, methods, and procedures 2008–0107; Directorate Identifier 2007– specifies a compliance time after the date on the Administrator finds necessary for NM–087–AD. that revision or any previous issue of Boeing safety in air commerce. This regulation Comments Due Date Service Bulletin 747–53A2563, this AD is within the scope of that authority requires compliance within the specified because it addresses an unsafe condition (a) We must receive comments by compliance time after the effective date of September 24, 2010. that is likely to exist or develop on this AD. Where Boeing Service Bulletin 747– products identified in this rulemaking Affected ADs 53A2563 states that airplane flight-cycle time shall be calculated after the ‘‘issue date on action. (b) None. this service bulletin,’’ this AD requires the Regulatory Findings Applicability airplane flight-cycle time to be calculated as (c) This AD applies to Boeing Model 747– of the effective date of this AD. We determined that this proposed AD 100, 747–100B, 747–100B SUD, 747–200B, (i) Where Boeing Service Bulletin 747– would not have federalism implications 747–200C, 747–200F, 747–300, 747–400, 53A2563, Revision 4, dated May 6, 2010, under Executive Order 13132. This 747–400D, 747–400F, 747SP, and 747SR specifies to contact Boeing for appropriate proposed AD would not have a series airplanes, certificated in any category; action, accomplish applicable actions before substantial direct effect on the States, on as identified in Boeing Service Bulletin 747– further flight using a method approved in the relationship between the national 53A2563, Revision 4, dated May 6, 2010. accordance with the procedures specified in paragraph (m) of this AD. Government and the States, or on the Subject distribution of power and Report (d) Air Transport Association (ATA) of responsibilities among the various America Code 53: Fuselage. (j) At the applicable time specified in levels of government. paragraph (j)(1) or (j)(2) of this AD: Submit Unsafe Condition For the reasons discussed above, I a report of the findings (both positive and negative) of the inspections required by certify this proposed regulation: (e) This AD results from reports of scribe lines found at lap joints and butt joints, paragraphs (g) and (k) of this AD. Send the 1. Is not a ‘‘significant regulatory around external doublers and antennas, and report to Boeing Commercial Airplanes, P.O. action’’ under Executive Order 12866, at locations where external decals had been Box 3707, Seattle, Washington 98124–2207. 2. Is not a ‘‘significant rule’’ under the cut. We are issuing this AD to detect and The report must contain, at a minimum, the correct scribe lines, which can develop into inspection results, a description of any DOT Regulatory Policies and Procedures discrepancies including maximum scribe (44 FR 11034, February 26, 1979), and fatigue cracks in the skin and cause sudden decompression of the airplane. depth, the airplane serial number, and the 3. Will not have a significant number of flight cycles and flight hours on economic impact, positive or negative, Compliance the airplane. Under the provisions of the on a substantial number of small entities (f) You are responsible for having the Paperwork Reduction Act (44 U.S.C. 3501 et under the criteria of the Regulatory actions required by this AD performed within seq.), the Office of Management and Budget (OMB) has approved the information Flexibility Act. the compliance times specified, unless the actions have already been done. collection requirements contained in this AD You can find our regulatory and has assigned OMB Control Number evaluation and the estimated costs of Inspection 2120–0056. compliance in the AD Docket. (g) At the applicable times specified in (1) If the inspection was done on or after Tables 1 through 21 and Table 25 in the effective date of this AD: Submit the List of Subjects in 14 CFR Part 39 paragraph 1.E., ‘‘Compliance,’’ of Boeing report within 30 days after the inspection. Service Bulletin 747–53A2563, Revision 4, (2) If the inspection was done before the Air transportation, Aircraft, Aviation dated May 6, 2010, except as provided in effective date of this AD: Submit the report safety, Incorporation by reference, paragraph (h) of this AD, do detailed within 30 days after the effective date of this Safety. inspections for scribe lines of affected lap AD.

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Actions Accomplished According to paragraph 1.E., ‘‘Compliance,’’ of Boeing inspections of scribe lines, and do all Previous Issues of Service Bulletin Service Bulletin 747–53A2563, Revision 4, applicable related investigative and (k) For airplanes that have been inspected dated May 6, 2010, except as provided in corrective actions, by accomplishing all the before the effective date of this AD in paragraph (h) of this AD, do detailed applicable actions specified in the accordance with the service information inspections for scribe lines of affected lap Accomplishment Instructions of Boeing specified in Table 1 of this AD: At the splices, butt splices and cargo door lap Service Bulletin 747–53A2563, Revision 4, applicable times specified in Tables 22 splices; and do detailed and surface high dated May 6, 2010, except as provided by through 24 and Tables 26 through 29 of frequency eddy current or ultrasonic paragraph (i) of this AD.

TABLE 1—CREDIT SERVICE BULLETINS

Document Revision Date

Boeing Alert Service Bulletin 747–53A2563 ...... Original March 29, 2007. Boeing Service Bulletin 747–53A2563 ...... 2 January 3, 2008. Boeing Service Bulletin 747–53A2563 ...... 3 June 11, 2009.

Note 2: Boeing Alert Service Bulletin 747– Issued in Renton, Washington, on August DATES: We must receive comments on 53A2563, Revision 1, dated November 8, 13, 2010. this proposed AD by October 14, 2010. 2007, was published with omitted Ali Bahrami, ADDRESSES: You may send comments by information. Actions accomplished according Manager, Transport Airplane Directorate, any of the following methods: to Boeing Alert Service Bulletin 747– Aircraft Certification Service. • Federal eRulemaking Portal: Go to 53A2563, Revision 1, dated November 8, [FR Doc. 2010–21523 Filed 8–27–10; 8:45 am] http://www.regulations.gov. Follow the 2007, are not considered acceptable for BILLING CODE 4910–13–P instructions for submitting comments. compliance with this AD. • Fax: (202) 493–2251. (l) Actions accomplished before the • Mail: U.S. Department of effective date of this AD according to the DEPARTMENT OF TRANSPORTATION Transportation, Docket Operations, service information identified in Table 1 of M–30, West Building Ground Floor, this AD are considered acceptable for Federal Aviation Administration Room W12–140, 1200 New Jersey compliance with the corresponding actions Avenue, SE., Washington, DC 20590. specified in paragraph (g) of this AD, except 14 CFR Part 39 • Hand Delivery: U.S. Department of as required by paragraph (k) of this AD. [Docket No. FAA–2010–0866; Directorate Transportation, Docket Operations, Alternative Methods of Compliance Identifier 2010–SW–065–AD] M–30, West Building Ground Floor, (AMOCs) Room W12–140, 1200 New Jersey RIN 2120–AA64 (m)(1) The Manager, Seattle Aircraft Avenue, SE., Washington, DC 20590, Certification Office, FAA, has the authority to between 9 a.m. and 5 p.m., Monday Airworthiness Directives; Bell through Friday, except Federal holidays. approve AMOCs for this AD, if requested Helicopter Textron Canada Limited using the procedures found in 14 CFR 39.19. Model 427 Helicopters Examining the AD Docket Send information to ATTN: Nicholas Han, You may examine the AD docket on Aerospace Engineer, Airframe Branch, ANM– AGENCY: Federal Aviation the Internet at http:// 120S, FAA, Seattle Aircraft Certification Administration (FAA), Department of www.regulations.gov; or in person at the Office, 1601 Lind Avenue, SW., Renton, Transportation (DOT). Washington 98057–3356; telephone (425) Docket Management Facility between 9 ACTION: Notice of proposed rulemaking a.m. and 5 p.m., Monday through 917–6449; fax (425) 917–6590. Or, e-mail (NPRM). information to 9-ANM-Seattle-ACO-AMOC- Friday, except Federal holidays. The AD docket contains this proposed AD, the [email protected]. SUMMARY: We propose to adopt a new (2) To request a different method of airworthiness directive (AD) for the regulatory evaluation, any comments compliance or a different compliance time products listed above. This proposed received, and other information. The for this AD, follow the procedures in 14 CFR AD results from mandatory continuing street address for the Docket Office 39.19. Before using any approved AMOC on airworthiness information (MCAI) (telephone (800) 647–5527) is in the any airplane to which the AMOC applies, originated by an aviation authority of ADDRESSES section. Comments will be notify your principal maintenance inspector another country to identify and correct available in the AD docket shortly after (PMI) or principal avionics inspector (PAI), an unsafe condition on an aviation receipt. as appropriate, or lacking a principal product. The MCAI describes the unsafe FOR FURTHER INFORMATION CONTACT: inspector, your local Flight Standards District condition as: Sharon Miles, Aerospace Engineer, Office. The AMOC approval letter must FAA, Rotorcraft Directorate, 2601 specifically reference this AD. Tail rotor driveshaft hanger bearing bracket Meacham Blvd., Fort Worth, Texas part number (P/N) 427–044–223–101 has (3) An AMOC that provides an acceptable been found cracked due to fatigue. It has 76137; telephone: (817) 222–5122; fax: level of safety may be used for any repair been determined that the fatigue cracking (817) 222–5961. required by this AD, if it is approved by the was initiated by a tooling mark left during SUPPLEMENTARY INFORMATION: Boeing Commercial Airplanes Organization manufacture. Designation Authority (ODA) that has been The existence of tooling marks on the Comments Invited authorized by the Manager, Seattle ACO, to bracket could lead to bracket failure, loss of We invite you to send any written make those findings. For a repair method to tail rotor drive and, consequently, loss of relevant data, views, or arguments about be approved, the repair must meet the control of the helicopter. this proposed AD. Send your comments certification basis of the airplane, and the The proposed AD would require actions to an address listed under the approval must specifically refer to this AD. that are intended to address the unsafe ADDRESSES section. Include ‘‘Docket No. condition described in the MCAI. FAA–2010–0866; Directorate Identifier

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2010–SW–065–AD’’ at the beginning of general, agree with their substance. But responsibilities among the various your comments. We specifically invite we might have found it necessary to use levels of government. comments on the overall regulatory, different words from those in the MCAI For the reasons discussed above, I economic, environmental, and energy to ensure the AD is clear for U.S. certify this proposed regulation: aspects of this proposed AD. We will operators and is enforceable. In making 1. Is not a ‘‘significant regulatory consider all comments received by the these changes, we do not intend to differ action’’ under Executive Order 12866; closing date and may amend this substantively from the information 2. Is not a ‘‘significant rule’’ under the proposed AD because of those provided in the MCAI and related DOT Regulatory Policies and Procedures comments. service information. (44 FR 11034, February 26, 1979); and We will post all comments we We might also have proposed 3. Will not have a significant receive, without change, to http:// different actions in this AD from those economic impact, positive or negative, www.regulations.gov, including any in the MCAI in order to follow FAA on a substantial number of small entities personal information you provide. We policies. Any such differences are under the criteria of the Regulatory will also post a report summarizing each highlighted in a Note within the Flexibility Act. substantive verbal contact we receive proposed AD. We prepared a regulatory evaluation about this proposed AD. of the estimated costs to comply with Costs of Compliance this proposed AD and placed it in the Discussion We estimate that this proposed AD AD docket. Transport Canada, which is the will affect 30 products of U.S. registry. List of Subjects in 14 CFR Part 39 aviation authority for Canada, has We also estimate that it would take issued AD No. CF–2010–17, dated June about 4 work-hours per product to Air transportation, Aircraft, Aviation 2, 2010 (referred to after this as ‘‘the comply with the basic requirements of safety, Incorporation by reference, MCAI’’), to correct an unsafe condition this proposed AD. The average labor Safety. for the specified products. The MCAI rate is $85 per work-hour. The Proposed Amendment states: Based on these figures, we estimate Accordingly, under the authority the cost of the proposed AD on U.S. Tail rotor driveshaft hanger bearing bracket delegated to me by the Administrator, part number (P/N) 427–044–223–101 has operators to be $10,200, or $340 per the FAA proposes to amend 14 CFR part been found cracked due to fatigue. It has product. been determined that the fatigue cracking In addition, we estimate that any 39 as follows: was initiated by a tooling mark left during necessary follow-on actions would PART 39—AIRWORTHINESS manufacture. require parts costing $5,034, for a cost The existence of tooling marks on the DIRECTIVES bracket could lead to bracket failure, loss of of $5,034 per product. We have no way tail rotor drive and, consequently, loss of of determining the number of products 1. The authority citation for part 39 control of the helicopter. that may need these actions. continues to read as follows: The MCAI requires you to rework the Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. tail rotor driveshaft hanger bearing Title 49 of the United States Code § 39.13 [Amended] bracket. You may obtain further specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding information by examining the MCAI in rules on aviation safety. Subtitle I, the following new AD: the AD docket. section 106, describes the authority of Bell Helicopter Textron Canada Limited: Relevant Service Information the FAA Administrator. ‘‘Subtitle VII: Docket No. FAA–2010–0866; Directorate Bell Helicopter has issued Alert Aviation Programs,’’ describes in more Identifier 2010–SW–065–AD. detail the scope of the Agency’s Service Bulletin No. 427–09–29, REV A, Comments Due Date dated November 17, 2009. The actions authority. We are issuing this rulemaking under (a) We must receive comments by October described in this service information are 14, 2010. intended to correct the unsafe condition the authority described in ‘‘Subtitle VII, identified in the MCAI. Part A, Subpart III, Section 44701: Affected ADs General requirements.’’ Under that (b) None. FAA’s Determination and Requirements section, Congress charges the FAA with of the Proposed AD promoting safe flight of civil aircraft in Applicability This product has been approved by air commerce by prescribing regulations (c) This AD applies to Model 427 the aviation authority of another for practices, methods, and procedures helicopters, all serial numbers (SNs), certificated in any category. country, and is approved for operation the Administrator finds necessary for in the United States. Pursuant to our safety in air commerce. This regulation Subject bilateral agreement with this State of is within the scope of that authority (d) Air Transport Association of America Design Authority, they have notified us because it addresses an unsafe condition (ATA) Code 65: Tail Rotor Drive. that is likely to exist or develop on of the unsafe condition described in the Reason MCAI and service information products identified in this rulemaking referenced above. We are proposing this action. (e) The mandatory continuing airworthiness information (MCAI) states: AD because we evaluated all Regulatory Findings information and determined the unsafe Tail rotor driveshaft hanger bearing bracket condition exists and is likely to exist or We determined that this proposed AD part number (P/N) 427–044–223–101 has been found cracked due to fatigue. It has develop on other products of the same would not have federalism implications under Executive Order 13132. This been determined that the fatigue cracking type design. was initiated by a tooling mark left during proposed AD would not have a manufacture. Differences Between This Proposed AD substantial direct effect on the States, on and the MCAI or Service Information The existence of tooling marks on the the relationship between the national bracket could lead to bracket failure, loss of We have reviewed the MCAI and Government and the States, or on the tail rotor drive and, consequently, loss of related service information and, in distribution of power and control of the helicopter.

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The MCAI requires you to rework the tail Related Information Room W12–140, 1200 New Jersey rotor driveshaft hanger bearing bracket. (h) Refer to MCAI Transport Canada AD Avenue, SE., Washington, DC 20590. Actions and Compliance No. CF–2010–17, dated June 2, 2010; and • Hand Delivery: U.S. Department of Bell Helicopter Alert Service Bulletin No. (f) Unless already done, do the following Transportation, Docket Operations, 427–09–29, REV A, dated November 17, actions: M–30, West Building Ground Floor, 2009, for related information. (1) Applicable to SNs 56001 through Room W12–140, 1200 New Jersey 56073, and 56077: Within 30 days after the Issued in Fort Worth, Texas, on August 19, Avenue, SE., Washington, DC 20590, effective date of this AD, inspect both sides 2010. between 9 a.m. and 5 p.m., Monday of the hanger bracket, P/N 427–044–223–101, Mark R. Schilling, through Friday, except Federal holidays. for cracks following Bell Helicopter Alert Acting Manager, Rotorcraft Directorate, Examining the AD Docket Service Bulletin No. 427–09–29, REV A, Aircraft Certification Service. dated November 17, 2009. You may examine the AD docket on (i) If no cracks are found during the [FR Doc. 2010–21582 Filed 8–27–10; 8:45 am] inspection required by paragraph (f)(1) of this BILLING CODE 4910–13–P the Internet at http:// AD, before further flight rework both sides of www.regulations.gov; or in person at the the hanger bracket, P/N 427–044–223–101, Docket Management Facility between 9 following Bell Helicopter Alert Service DEPARTMENT OF TRANSPORTATION a.m. and 5 p.m., Monday through Bulletin No. 427–09–29, REV A, dated Friday, except Federal holidays. The AD November 17, 2009. Federal Aviation Administration docket contains this proposed AD, the (ii) If cracks are found during the regulatory evaluation, any comments inspection required by paragraph (f)(1) of this 14 CFR Part 39 received, and other information. The AD, before further flight replace the hanger bracket, P/N 427–044–223–101, with a new [Docket No. FAA–2010–0865; Directorate street address for the Docket Office hanger bracket, P/N 427–044–223–101, that Identifier 2010–SW–061–AD] (telephone (800) 647–5527) is in the has been reworked following Bell Helicopter ADDRESSES section. Comments will be Alert Service Bulletin No. 427–09–29, REV RIN 2120–AA64 available in the AD docket shortly after A, dated November 17, 2009. receipt. Airworthiness Directives; Bell (2) Applicable to all SNs: As of the FOR FURTHER INFORMATION CONTACT: effective date of this AD, you may not install Helicopter Textron Canada Limited replacement tail rotor driveshaft hanger Models 206A, 206B, 206L, 206L–1, Sharon Miles, Aerospace Engineer, bracket, P/N 427–044–223–101, unless the 206L–3, and 206L–4 Helicopters FAA, Rotorcraft Directorate, 2601 bracket has been inspected and found free of Meacham Blvd., Fort Worth, Texas cracks and has been reworked following Bell AGENCY: Federal Aviation 76137; telephone: (817) 222–5122; fax: Helicopter Alert Service Bulletin No. 427– Administration (FAA), Department of (817) 222–5961. 09–29, REV A, dated November 17, 2009. Transportation (DOT). SUPPLEMENTARY INFORMATION: FAA AD Differences ACTION: Notice of proposed rulemaking (NPRM). Comments Invited Note: This AD differs from the MCAI and/ We invite you to send any written or service information as follows: No SUMMARY: We propose to adopt a new differences. relevant data, views, or arguments about airworthiness directive (AD) for the this proposed AD. Send your comments Other FAA AD Provisions products listed above. This proposed to an address listed under the AD results from mandatory continuing (g) The following provisions also apply to ADDRESSES section. Include ‘‘Docket No. this AD: airworthiness information (MCAI) FAA–2010–0865; Directorate Identifier (1) Alternative Methods of Compliance originated by an aviation authority of 2010–SW–061–AD’’ at the beginning of (AMOCs): The Manager, Standards Office, another country to identify and correct your comments. We specifically invite FAA, has the authority to approve AMOCs an unsafe condition on an aviation comments on the overall regulatory, for this AD, if requested using the procedures product. The MCAI describes the unsafe economic, environmental, and energy found in 14 CFR 39.19. Send information to condition as: aspects of this proposed AD. We will ATTN: Sharon Miles, Aerospace Engineer, FAA, Rotorcraft Directorate, 2601 Meacham It has been determined that new tail rotor consider all comments received by the Blvd., Fort Worth, Texas 76137; telephone: disc assembly Part Number (P/N) 101584–1 closing date and may amend this (817) 222–5122; fax: (817) 222–5961. Before or –2, sold through Bell Helicopter Spares proposed AD because of those using any approved AMOC on any airplane beginning March 2009, as an alternate to comments. to which the AMOC applies, notify your P/N 32721–1, does not conform to the We will post all comments we appropriate principal inspector (PI) in the approved configuration. Operating a helicopter with disk assembly P/N 101584– receive, without change, to http:// FAA Flight Standards District Office (FSDO), www.regulations.gov, including any or lacking a PI, your local FSDO. 1 or –2 installed may result in loss of control of the helicopter. personal information you provide. We (2) Airworthy Product: For any requirement will also post a report summarizing each in this AD to obtain corrective actions from The proposed AD would require actions a manufacturer or other source, use these substantive verbal contact we receive that are intended to address the unsafe about this proposed AD. actions if they are FAA-approved. Corrective condition described in the MCAI. actions are considered FAA-approved if they Discussion are approved by the State of Design Authority DATES: We must receive comments on (or their delegated agent). You are required this proposed AD by October 14, 2010. Transport Canada, which is the to assure the product is airworthy before it ADDRESSES: You may send comments by aviation authority for Canada, has is returned to service. any of the following methods: issued AD No. CF–2010–07, dated (3) Reporting Requirements: For any • Federal eRulemaking Portal: Go to February 24, 2010 (referred to after this reporting requirement in this AD, under the http://www.regulations.gov. Follow the as ‘‘the MCAI’’), to correct an unsafe provisions of the Paperwork Reduction Act instructions for submitting comments. condition for the specified products. (44 U.S.C. 3501 et seq.), the Office of • Management and Budget (OMB) has Fax: (202) 493–2251. The MCAI states: • approved the information collection Mail: U.S. Department of It has been determined that new tail rotor requirements and has assigned OMB Control Transportation, Docket Operations, disc assembly Part Number (P/N) 101584–1 Number 2120–0056. M–30, West Building Ground Floor, or –2, sold through Bell Helicopter Spares

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beginning March 2009, as an alternate to Based on these figures, we estimate PART 39—AIRWORTHINESS P/N 32721–1, does not conform to the the cost of the proposed AD on U.S. DIRECTIVES approved configuration. Operating a operators to be $982,215 or $345 per helicopter with disk assembly P/N 101584– product. 1. The authority citation for part 39 1 or –2 installed may result in loss of control continues to read as follows: of the helicopter. Authority for This Rulemaking This directive mandates the removal from Authority: 49 U.S.C. 106(g), 40113, 44701. Title 49 of the United States Code service tail rotor disc assembly P/N 101584– § 39.13 [Amended] 1 and –2. specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, 2. The FAA amends § 39.13 by adding You may obtain further information by section 106, describes the authority of the following new AD: examining the MCAI in the AD docket. the FAA Administrator. ‘‘Subtitle VII: Bell Helicopter Textron Canada Limited: Relevant Service Information Aviation Programs,’’ describes in more Docket No. FAA–2010–0865; Directorate detail the scope of the Agency’s Identifier 2010–SW–061–AD. Bell Helicopter has issued Alert authority. Service Bulletin No. 206–09–123, REV Comments Due Date A, dated June 10, 2009, and Alert We are issuing this rulemaking under (a) We must receive comments by October ‘‘ Service Bulletin No. 206L–09–157, REV the authority described in Subtitle VII, 14, 2010. A, dated June 10, 2009. The actions Part A, Subpart III, Section 44701: General requirements.’’ Under that Affected ADs described in this service information are (b) None. intended to correct the unsafe condition section, Congress charges the FAA with identified in the MCAI. promoting safe flight of civil aircraft in Applicability air commerce by prescribing regulations (c) This AD applies to the following model FAA’s Determination and Requirements for practices, methods, and procedures and serial number airplanes, certificated in of the Proposed AD the Administrator finds necessary for any category. This product has been approved by safety in air commerce. This regulation the aviation authority of another is within the scope of that authority Model Serial No. (S/N) because it addresses an unsafe condition country, and is approved for operation 206A ...... 004 through 660 and 672 in the United States. Pursuant to our that is likely to exist or develop on products identified in this rulemaking through 715. bilateral agreement with this State of 206B ...... All S/Ns including those con- Design Authority, they have notified us action. verted from Model 206A. of the unsafe condition described in the Regulatory Findings 206L ...... 45004 through 45153 and 46601 MCAI and service information through 46617. referenced above. We are proposing this We determined that this proposed AD 206L–1 ..... 45154 through 45790. AD because we evaluated all would not have federalism implications 206L–3 ..... 51001 through 51612. 206L–4 ..... All S/Ns. information and determined the unsafe under Executive Order 13132. This condition exists and is likely to exist or proposed AD would not have a Subject develop on other products of the same substantial direct effect on the States, on type design. the relationship between the national (d) Air Transport Association of America Government and the States, or on the (ATA) Code 65: Tail Rotor Drive. Differences Between This Proposed AD distribution of power and Reason and the MCAI or Service Information responsibilities among the various (e) The mandatory continuing We have reviewed the MCAI and levels of government. airworthiness information (MCAI) states: related service information and, in For the reasons discussed above, I It has been determined that new tail rotor general, agree with their substance. But certify this proposed regulation: disc assembly Part Number (P/N) 101584–1 we might have found it necessary to use 1. Is not a ‘‘significant regulatory or –2, sold through Bell Helicopter Spares different words from those in the MCAI action’’ under Executive Order 12866; beginning March 2009, as an alternate to P/ to ensure the AD is clear for U.S. 2. Is not a ‘‘significant rule’’ under the N 32721–1, does not conform to the approved operators and is enforceable. In making DOT Regulatory Policies and Procedures configuration. Operating a helicopter with (44 FR 11034, February 26, 1979); and disk assembly P/N 101584–1 or –2 installed these changes, we do not intend to differ may result in loss of control of the helicopter. substantively from the information 3. Will not have a significant This directive mandates the removal from provided in the MCAI and related economic impact, positive or negative, service tail rotor disc assembly P/N 101584– service information. on a substantial number of small entities 1 and –2. We might also have proposed under the criteria of the Regulatory Actions and Compliance different actions in this AD from those Flexibility Act. in the MCAI in order to follow FAA We prepared a regulatory evaluation (f) Unless already done, do the following actions following Bell Helicopter Alert policies. Any such differences are of the estimated costs to comply with Service Bulletin No. 206–09–123, highlighted in a Note within the this proposed AD and placed it in the REV A, dated June 10, 2009; and Bell proposed AD. AD docket. Helicopter Alert Service Bulletin No. 206L– Costs of Compliance List of Subjects in 14 CFR Part 39 09–157, REV A, dated June 10, 2009, as applicable. We estimate that this proposed AD Air transportation, Aircraft, Aviation (1) Check the helicopter maintenance will affect 2,847 products of U.S. safety, Incorporation by reference, records to determine if a disc assembly, part registry. We also estimate that it would Safety. number (P/N) 101584–1 or –2, is installed. take about 1 work-hour per product to Do this check within the next 30 days after The Proposed Amendment the effective date of this AD or within the comply with the basic requirements of next 100 hours time-in-service (TIS) after the this proposed AD. The average labor Accordingly, under the authority effective date of this AD, whichever occurs rate is $85 per work-hour. Required delegated to me by the Administrator, first. parts would cost about $260 per the FAA proposes to amend 14 CFR part (2) If, during the maintenance records product. 39 as follows: check required in paragraph (f)(1) of this AD,

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you cannot positively determine that a and Bell Helicopter Alert Service Bulletin only be used outside of the building, P/N 101584–1 or –2 disc assembly is not No. 206L–09–157, REV A, dated June 10, and demonstrations will not be allowed installed, within the next 30 days after the 2009, for related information. on federal property for security reasons. effective date of this AD or within the next Issued in Fort Worth, Texas, on August 19, The EPA Web Site for the rulemaking, 100 hours TIS after the effective date of this 2010. AD, whichever occurs first, inspect the tail which includes the proposal and rotor driveshaft system to determine if Mark R. Schilling, information about the public hearing, P/N 101584–1 or –2 is installed. Acting Manager, Rotorcraft Directorate, can be found at: http://www.epa.gov/ (3) If, during the maintenance records Aircraft Certification Service. nsr. check required in paragraph (f)(1) of this AD [FR Doc. 2010–21589 Filed 8–27–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: If or during the inspection required in BILLING CODE 4910–13–P you would like to present oral testimony paragraph (f)(2) of this AD, you can positively determine that a P/N 101584–1 or at the public hearing, please contact Ms. –2 disc assembly is not installed, no further Pamela Long, U.S. Environmental action is required. Before further flight, make ENVIRONMENTAL PROTECTION Protection Agency, Office of Air Quality an entry in the log book showing compliance AGENCY Planning and Standards, Air Quality with this AD. Planning Division, (C504–03), Research (4) If, during the maintenance records 40 CFR Part 52 Triangle Park, NC 27711, telephone check required in paragraph (f)(1) of this AD [EPA–HQ–OAR–2010–0107; FRL–9190–1] (919) 541–0641, fax number (919) 541– or during the inspection required in 5509, e-mail address: [email protected] paragraph (f)(2) of this AD, you can RIN–2060–AQ45 positively determine that a P/N 101584–1 or (preferred method for registering), no –2 disc assembly is installed, within the next Action To Ensure Authority To Issue later than September 10, 2010. If using 30 days after the effective date of this AD or Permits Under the Prevention of e-mail, please provide the following within the next 100 hours TIS after the Significant Deterioration Program to information: Time you wish to speak effective date of this AD, whichever occurs Sources of Greenhouse Gas (morning, afternoon, evening), name, first, replace disc assembly P/N 101584–1 or affiliation, address, e-mail address, and –2 with disc assembly P/N 32721–1. Emissions: Federal Implementation Plan telephone and fax numbers. (5) As of the effective date of this AD, do Questions concerning the August not install disc assembly P/N 101584–1 or –2. AGENCY: Environmental Protection 2010 proposed rule should be addressed FAA AD Differences Agency (EPA). to Ms. Lisa Sutton, U.S. EPA, Office of Note: This AD differs from the MCAI and/ ACTION: Notice of public hearing. Air Quality Planning and Standards, or service information as follows: No New Source Review Group, (C504–03), differences. SUMMARY: The EPA is announcing a Research Triangle Park, NC 27711, public hearing to be held for the telephone number (919) 541–3450, e- Other FAA AD Provisions proposed rule ‘‘Action to Ensure mail at [email protected]. (g) The following provisions also apply to Authority to Issue Permits under the SUPPLEMENTARY INFORMATION: The this AD: Prevention of Significant Deterioration public hearing is to provide the public (1) Alternative Methods of Compliance Program to Sources of Greenhouse Gas an opportunity to present oral (AMOCs): The Manager, Standards Office, Emissions: Federal Implementation comments regarding EPA’s proposed FAA, has the authority to approve AMOCs Plan’’ which will publish in the near for this AD, if requested using the procedures ‘‘Action to Ensure Authority to Issue future in the Federal Register. The Permits under the Prevention of found in 14 CFR 39.19. Send information to hearing will be held on September 14, ATTN: Sharon Miles, Aerospace Engineer, Significant Deterioration Program to FAA, Rotorcraft Directorate, 2601 Meacham 2010, in Arlington, VA. Sources of Greenhouse Gas Emissions: Blvd., Fort Worth, Texas 76137; telephone: DATES: The public hearing will be held Federal Implementation Plan,’’ which (817) 222–5122; fax: (817) 222–5961. Before on September 14, 2010. proposes a Federal Implementation Plan using any approved AMOC on any airplane ADDRESSES: The September 14, 2010 to apply in any state that is unable to to which the AMOC applies, notify your hearing will be held at the EPA Ariel submit, by its deadline, a corrective appropriate principal inspector (PI) in the Rios East building, Room 1153, 1301 FAA Flight Standards District Office (FSDO), State Implementation Plan revision to or lacking a PI, your local FSDO. Constitution Avenue, Washington, DC ensure that the state has authority to (2) Airworthy Product: For any requirement 20460. The public hearing will convene issue permits under the Clean Air Act’s in this AD to obtain corrective actions from at 9 a.m. (Eastern standard time) and New Source Review Prevention of a manufacturer or other source, use these continue until the later of 6 p.m. or 1 Significant Deterioration program for actions if they are FAA-approved. Corrective hour after the last registered speaker has sources of greenhouse gases. actions are considered FAA-approved if they spoken. The EPA will make every effort Public hearing: The proposal for are approved by the State of Design Authority to accommodate all speakers that arrive which EPA is holding the public (or their delegated agent). You are required and register. A lunch break is scheduled hearing will publish in the near future to assure the product is airworthy before it from 12:30 p.m. until 2 p.m. Because in the Federal Register and is available is returned to service. (3) Reporting Requirements: For any this hearing is being held at U.S. at: http://www.epa.gov/nsr and also in reporting requirement in this AD, under the government facilities, individuals the rulemaking docket. The public provisions of the Paperwork Reduction Act planning to attend the hearing should be hearing will provide interested parties (44 U.S.C. 3501 et seq.), the Office of prepared to show valid picture the opportunity to present data, views, Management and Budget (OMB) has identification to the security staff in or arguments concerning the proposal. approved the information collection order to gain access to the meeting The EPA may ask clarifying questions requirements and has assigned OMB Control room. In addition, you will need to during the oral presentations, but will Number 2120–0056. obtain a property pass for any personal not respond to the presentations at that Related Information belongings you bring with you. Upon time. Written statements and supporting (h) Refer to MCAI Transport Canada, AD leaving the building, you will be information submitted during the No. CF–2010–07, dated February 24, 2010; required to return this property pass to comment period will be considered Bell Helicopter Alert Service Bulletin No. the security desk. No large signs will be with the same weight as oral comments 206–09–123, REV A, dated June 10, 2009; allowed in the building, cameras may and supporting information presented at

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the public hearing. Written comments DEPARTMENT OF DEFENSE items subject to Item Unique on the proposed rule must be Identification (IUID) in the IUID postmarked by October 14, 2010, 30 Defense Acquisition Regulations registry. This proposed rule addresses days after the September 14, 2010 System the requirement to more effectively hearing. track warranties for IUID items. 48 CFR Parts 211, 246, and 252 The tracking of warranties, from the Commenters should notify Ms. Long if identification of the requirement to the they will need specific equipment, or if Defense Federal Acquisition expiration date of the warranted item, there are other special needs related to Regulation Supplement (DFARS); will enhance significantly the ability of providing comments at the hearing. The Warranty Tracking of Serialized Items, DoD to take full advantage of warranties EPA will provide equipment for DFARS Case 2009–D018 when they are part of an acquisition. commenters to show overhead slides or AGENCY: Defense Acquisition Presently, DoD lacks the enterprise make computerized slide presentations Regulations System, Department of capability that would provide visibility if we receive special requests in Defense (DoD). and accountability of warranty data advance. Oral testimony will be limited associated with acquired goods. The ACTION: Proposed rule with request for to 5 minutes for each commenter. The comments. capability to track warranties will result EPA encourages commenters to provide in— EPA with a copy of their oral testimony SUMMARY: DoD is proposing to amend (a) Reduced costs; electronically (via e-mail or CD) or in the Defense Federal Acquisition (b) Ability to recognize benefits hard copy form. Regulation Supplement (DFARS) to included for free; (c) Ability to compare performance The hearing schedule, including lists implement a policy memorandum of the Undersecretary of Defense for against Government specified of speakers, will be posted on EPA’s warranties; Web Site http://www.epa.gov/nsr. Acquisition, Technology, and Logistics dated February 6, 2007, that required (d) Increased level of insurance for Verbatim transcripts of the hearings and purchased goods; written statements will be included in definition of the requirements to track warranties for items subject to Item (e) Sufficient durations of warranties the docket for the rulemaking. Unique Identification in the Item for specific goods; EPA will make every effort to follow Unique Identification registry. This (f) Ability to identify and enforce the schedule as closely as possible on proposed rule stresses that the warranties (e.g., against fraudulent the day of the hearing; however, please enforcement of warranties is essential to vendors, or for criminal actions). plan for the hearing to run either ahead the effectiveness and efficiency of DoD’s DoD proposes the following changes: • Revise DFARS 211.274–2(a)(4), of schedule or behind schedule. material readiness. Policy for unique item identification, to How can I get copies of this document DATES: Comments on this proposed rule add any warranted item. and other related information? should be submitted in writing to the • Revise the definitions of address shown below on or before ‘‘acceptance’’ and ‘‘defect,’’ and add a The EPA has established a docket for October 29, 2010, to be considered in definition for ‘‘warranty tracking’’ at the proposed rule ‘‘Action to Ensure the formation of the final rule. DFARS 246.701. Authority to Issue Permits under the ADDRESSES: You may submit comments, • Add DFARS 246.710(5) to include Prevention of Significant Deterioration identified by DFARS Case 2009–D018, provision and clause prescriptions Program to Sources of Greenhouse Gas using any of the following methods: 252.246–70XX and 252.246–70YY. Emissions: Federal Implementation Federal eRulemaking Portal: http:// • Revise DFARS 252.211–7003, Item Plan’’ under Docket ID No. EPA–HQ– www.regulations.gov. Follow the Identification and Valuation, definition OAR–2010–0107 (available at http:// instructions for submitting comments. of ‘‘issuing agency.’’ E-mail: [email protected]. Include • www.regulations.gov). Add provision 252.246–70XX, DFARS Case 2009–D018 in the subject Notice of Warranty Tracking of As stated previously, the proposed line of the message. Serialized Items. rule will publish in the near future in Fax: 703–602–0350. • Add clause 252.246–70YY, the Federal Register and is available at Mail: Defense Acquisition Regulations Warranty Tracking of Serialized Items. http://www.epa.gov/nsr and in the System, Attn: Mr. Julian E. Thrash, This is not a significant regulatory rulemaking docket. OUSD (AT&L) DPAP/DARS, Room action and, therefore, was not subject to Dated: August 24, 2010. 3B855, 3060 Defense Pentagon, review under section 6(b) of Executive Washington, DC 20301–3060. Mary Henigin, Order 12866, Regulatory Planning and Comments received generally will be Review, dated September 20, 1993. This Acting Director, Office of Air Quality Planning posted without change to http:// is not a major rule under 5 U.S.C. 804. and Standards. www.regulations.gov, including any [FR Doc. 2010–21691 Filed 8–27–10; 8:45 am] personal information provided. B. Regulatory Flexibility Act BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: Mr. DoD has prepared an initial regulatory Julian E. Thrash, 703–602–0310. flexibility analysis consistent with 5 SUPPLEMENTARY INFORMATION: U.S.C. 603 et seq. A copy of the analysis may be obtained from the point of A. Background contact specified herein. The objective The Undersecretary of Defense for of this rule is for DoD to develop a more Acquisition, Technology, and Logistics effective way to track warranties for issued a policy memorandum dated items subject to Item Unique February 6, 2007, that instructed the Identification (IUID). Presently, DoD Director, Defense Procurement and lacks the enterprise capability that Acquisition Policy, to define the would provide visibility and requirements to track warranties for accountability of warranty data

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associated with acquired goods. The The following is a summary of the and by adding paragraph (a)(4)(iii) as tracking of warranties, from the information collection requirement. follows: identification of the requirement to the Title: Defense Federal Acquisition expiration date of the warranted item, Regulation Supplement; Warranty § 211.274–2 Policy for unique item identification. will enhance significantly the ability of Tracking of Serialized Items. DoD to take full advantage of warranties Type of Request: New collection. * * * * * when they are part of an acquisition, Number of Respondents: 38,000. (a) * * * resulting in– Responses per Respondent: (4) * * * (a) Reduced costs; Approximately 1.4. (i) Any DoD serially managed (b) Ability to recognize benefits Annual Responses: 54,000. subassembly, component, or part included for free; Average Burden Per Response: 0.5 embedded within a delivered item; (c) Ability to compare performance hour. (ii) The parent item (as defined in against Government specified Annual Public Burden Hours: 27,000. 252.211–7003(a)) that contains the warranties; Needs and Uses: DoD needs the embedded subassembly, component, or (d) Sufficient durations of warranties information required by 252.246–70XX part; and for specific goods. and 252.246–70YY in order to properly (iii) Any warranted item. DoD will address the requirement to track the warranty of serialized items. * * * * * track warranties with the following Affected Public: Businesses or other DFARS provision and clause: for-profit institutions. PART 246—QUALITY ASSURANCE (1) 252.246–70XX, Notice of Warranty Respondent’s Obligation: Required to 3. Revise section 246.701 to read as Tracking of Serialized Items; obtain or retain benefits. follows: (2) 252.246–70YY, Warranty Tracking Frequency: On occasion. of Serialized Items. Written comments and § 246.701 Definitions. In FY 2009, DoD issued recommendations on the proposed As used in this subpart— approximately 16,000 solicitations that information collection should be sent to Acceptance, as used in the warranty use warranty clauses. In response to Ms. Jasmeet Seehra at the Office of clauses at FAR 52.246–17, Warranty of those solicitations, approximately Management and Budget, Desk Officer Supplies of a Noncomplex Nature; FAR 76,000 offers would be received (66,000 for DoD, Room 10236, New Executive 52.246–18, Warranty of Supplies of a from small business, 10,000 from other Office Building, Washington, DC 20503, Complex Nature; FAR 52.246–19, than small business). Of that total, DoD with a copy to the Defense Acquisition Warranty of Systems and Equipment estimates that 50% of the time the Regulations System, Attn: Mr. Julian E. Under Performance Specifications or Government will provide the required Thrash, OUSD(AT&L) DPAP/DARS, Design Criteria; and FAR 52.246–20, warranty information for 38,000 offers Room 3B855, 3060 Defense Pentagon, Warranty of Services, includes the (33,000 small and 5,000 other than Washington, DC 20301–3060. execution of an official document (e.g., small businesses). Therefore, 33,000 Comments can be received from 30 to 60 DD Form 250, Material Inspection and small entities would be impacted by the days after the date of this notice, but Receiving Report) by an authorized rule. comments to OMB will be most useful representative of the Government. DoD invites comments from small if received by OMB within 30 days after Defect means any condition or concerns and other interested parties on the date of this notice. characteristic in any supply or service the impact of this rule on small entities. To request more information on this furnished by the contractor under the DoD will also consider comments from proposed information collection or to contract that is not in compliance with small entities concerning the existing obtain a copy of the proposal and the requirements of the contract. regulations in subparts affected by this associated collection instruments, Warranty tracking is defined in the rule in accordance with 5 U.S.C. 610. please write to the Defense Acquisition clause 252.246–70YY, Warranty Interested parties must submit such Regulations System, Attn: Mr. Julian E. Tracking of Serialized Items. comments separately and should cite 5 Thrash, OUSD(AT&L) DPAP/DARS, 4. Amend section 246.710 by revising U.S.C. 610 (DFARS case 2009–D018), in Room 3B855, 3060 Defense Pentagon, the section heading and adding correspondence. Washington, DC 20301–3060. paragraph (5) to read as follows: C. Paperwork Reduction Act List of Subjects in 48 CFR Parts 211, § 246.710 Solicitation provision and The Paperwork Reduction Act (44 246, and 252 contract clauses. U.S.C. Chapter 35) applies because the Government procurement. * * * * * proposed rule does contain information (5)(i) In addition to 252.211–7003, collection requirements. DoD invites Ynette R. Shelkin, Item Unique Valuation, which is comments on the following aspects of Editor, Defense Acquisition Regulations prescribed in 211.274–5(a), use the the proposed rule: (a) Whether the System. following provision and clause in collection of information is necessary Therefore, DoD proposes to amend 48 solicitations and contracts when it is for the proper performance of the CFR parts 211, 246, and 252 as follows: anticipated that the resulting contract functions of DoD, including whether the 1. The authority citation for 48 CFR will include a warranty for serialized information will have practical utility; parts 211, 246, and 252 continues to items: (b) the accuracy of the estimate of the read as follows: (A) 252.246–70XX, Notice of burden of the information collection; Warranty Tracking of Serialized Items (c) ways to enhance the quality, utility, Authority: 41 U.S.C. 421 and 48 CFR (include only if offerors will be required and clarity of the information to be chapter 1. to enter data with the offer); and collected; and (d) ways to minimize the PART 211—DESCRIBING AGENCY (B) 252.246–70YY, Warranty Tracking burden of the information collection on NEEDS of Serialized Items. respondents, including the use of (ii) If the Government specifies a automated collection techniques or 2. Amend section 211.274–2 by warranty, then the contracting officer other forms of information technology. revising paragraphs (a)(4)(i) and (a)(4)(ii) shall request the requiring activity to

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provide information to ensure that Table § 252.246–70XX Notice of Warranty Commercial and Government Entity I in the clause 252.246–70YY is Tracking of Serialized Items. (NCAGE)/Commercial and Government populated with data specifying the As prescribed in 246.710(5)(i)(A), use Entity (CAGE) Code, or the Coded the following provision: Representation of the North American Government’s required warranty Telecommunications Industry provision by contract line item number, Notice of Warranty Tracking of Serialized Manufacturers, Suppliers, and Related subline item number, or exhibit line Items (XXX 2010) Service Companies (ATIS–0322000) item number prior to solicitation. In Number), European Health Industry Business such case, do not include 252.246–70XX (a) Definition. ‘‘Unique item identifier’’ and Communication Council (EHIBCC) and ‘‘warranty tracking’’ are defined in the clause in the solicitation. Health Industry Business Communication at 252.246–70YY, Warranty Tracking of Council (HIBCC), as indicated in the Register (iii) If the Government does not Serialized Items. specify a warranty, include 252.246– of Issuing Agency Codes for ISO/IEC 15459, (b) Reporting of data for warranty tracking located at http://www.nen.nl/web/Normen- 70XX in the solicitation. The contractor and administration. The offeror shall provide ontwikkelen/ISOIEC-15459-Issuing-Agency- may offer a warranty and shall then the information required by Table I in the Codes.htm. populate Table I in the clause 252.246– clause at 252.246–70YY (indicated by a Item type means a coded representation of 70YY, as appropriate, as part of its offer single asterisk (*)), on each contract line item the description of the item being warranted, as required by 252.246–70XX. number (CLIN), subline item number (SLIN), consisting of the codes C—component (iv) All warranty tracking information or exhibit line item number (ELIN) for procured separate from end item, warranted items. The offeror shall provide all that is indicated with a single asterisk S—subassembly procured separate from end information required by Table II no later than item or subassembly, E—embedded in (*) in Table I in the clause 252.246– when the warranted items are presented for component, subassembly or end item parent, 70YY shall be completed prior to award. receipt and/or acceptance. The ‘‘Warranty and P—parent end item. Data indicated with two asterisks (**) Item Unique Item Identifier (UII)’’ data Starting event means the event or action may be completed on or after the time category may also be completed in that initiates the warranty. of award, but no later than the time of conjunction with Table II. The offeror shall Serialized item means each item produced delivery. submit the data for warranty tracking to the is assigned a serial number that is unique (v) The contractor shall provide Contracting Officer. among all the collective tangible items warranty repair source instructions produced by the enterprise, or each item of (End of provision) a particular part, lot, or batch number is (Table II in the clause 252.246–70YY) 7. Add section 252.246–70YY to read assigned a unique serial number within that no later than the time of delivery. as follows: part, lot, or batch number assignment within As prescribed in 246.710(5)(i)(B), use the enterprise identifier. The enterprise is PART 252—SOLICITATION responsible for ensuring unique serialization PROVISIONS AND CONTRACT the following clause: within the enterprise identifier or within the CLAUSES Warranty Tracking of Serialized Items (XXX part, lot, or batch numbers, and that serial 2010) numbers, once assigned, are never used 5. Amend section 252.211–7003 by again. revising the clause date to read ‘‘(XXX (a) Definitions. As used in this clause— Unique item identifier means a set of data 2010)’’ and, at paragraph (a), by revising DoD Item Unique Identification (IUID) elements marked on an item that is globally the definition of ‘‘issuing agency’’ to Registry means the central repository for IUID unique and unambiguous. information that serves as an acquisition read as follows: Usage means the quantity and an gateway to identify what the uniquely associated unit of measure that specifies the § 252.211–7003 Item Identification and identified tangible item is, how and when it amount-of a characteristic subject to the Valuation. was acquired, the initial Government unit contractor’s obligation to provide for remedy cost of the item, current custody * * * * * or corrective action such as a number of (Government or Contractor), and how it is miles, hours, or cycles. (a) * * * marked. Warranty administrator means the * * * * * Duration means the warranty period. This organization specified by the guarantor for Issuing agency means an organization period may be a stated period of time, managing the warranty. responsible for assigning a non- amount of usage, or the occurrence of a Warranty guarantor means the enterprise specified event, after formal acceptance of that provides the warranty under the terms repeatable identifier to an enterprise delivery, for the Government to assert a (e.g., Dun & Bradstreet’s Data Universal and conditions of a contract. contractual right for the correction of defects. Warranty repair source means the Numbering System (DUNS) Number, Enterprise means the entity (e.g., a organization specified by a warranty GS1 Company Prefix, Allied Committee manufacturer or vendor) responsible for guarantor for receiving and managing 135 NATO Commercial and granting the warranty and/or assigning warranty items that are returned by a Government Entity (NCAGE)/ unique item identifiers to serialized warranty customer. Commercial and Government Entity items. Warranty tracking means the ability to (CAGE) Code, or the Coded Enterprise identifier means a code that is trace a warranted item from delivery through Representation of the North American uniquely assigned to an enterprise by an completion of the effectivity of the warranty. issuing agency. Telecommunications Industry (b) Reporting of data for warranty tracking First use means the initial or first time use and administration. The Contractor shall Manufacturers, Suppliers, and Related of a product by the Government. provide the following information (see Table Service Companies (ATIS–0322000) Fixed expiration means the date the I) on each contract line item number (CLIN), Number), European Health Industry warranty expires and the Contractor’s subline item number (SLIN), or exhibit line Business Communication Council obligation to provide for a remedy or item number (ELIN) for warranted items. The (EHIBCC) and Health Industry Business corrective action ends. Contractor shall provide all information Communication Council (HIBCC), as Installation means the date a unit is required by Table II no later than when the indicated in the Register of Issuing inserted into a higher level assembly in order warranted items are presented for receipt Agency Codes for ISO/IEC 15459, to make it operational. and/or acceptance. The ‘‘Warranty Item Issuing agency means an organization Unique Item Identifier (UII)’’ data category located at http://www.nen.nl/web/ responsible for assigning a non-repeatable may also be completed in conjunction with Normen-ontwikkelen/ISOIEC-15459- identifier to an enterprise (e.g., Dun & Table II. The Contractor shall submit the data Issuing-Agency-Codes.htm. Bradstreet’s Data Universal Numbering for warranty tracking to the Contracting 6. Add section 252.246–70XX to read System (DUNS) Number, GS1 Company Officer with a copy to the requiring activity as follows: Prefix, Allied Committee 135 NATO and the Contracting Officer Representative.

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TABLE I—WARRANTY TRACKING INFORMATION

Warranty term Warranty adminis- Warranty Warranty Warranty Warranty Fixed trator en- adminis- guarantor guarantor CLIN, SLIN, OR Item item Usage (c)* Duration (d)* expiration terprise trator en- enterprise enterprise ELIN type (a) UII Starting (e) identifier terprise identifier identifier * ** ** event (b) code type identifier code type code type * Quantity Unit Quantity Unit Date (f) (g) (h) (i) * * * * * ** ** ** **

* To be completed by the requiring activity, if warranty is specified by the Government. Otherwise, all offerors are to complete as part of their offers. ** To be completed by the Contractor at the time of award (if known), otherwise at the time of delivery.

Notes: (d) Duration (for warrantees that expire Government Entity (NCAGE)/Commercial (a) Item type— after a set period of time) and Government Entity (CAGE) Code, or the C—component procured separate from end (e) Date (for warrantees with a fixed Coded Representation of the North American item expiration date) Telecommunications Industry S—subassembly procured separate from (f) Warranty administrator enterprise Manufacturers, Suppliers, and Related end item or subassembly identifier code type— Service Companies (ATIS–0322000) Number, E—embedded in component, subassembly 0–9—GS1 Company Prefix European Health Industry Business D—CAGE or end item parent Communication Council (EHIBCC) and LB—ATIS–0322000 P—parent end item Health Industry Business Communication LH—EHIBCC (b) Starting event— RH—HIBCC Council (HIBCC). Acceptance (A) UN—DUNS (h) Warranty guarantor enterprise identifier Installation (I) (g) Warranty administrator enterprise code type— First use (F) identifier—A non-repeatable identifier code 0–9—GS1 Company Prefix Other (O) assigned to an enterprise by an issuing D—CAGE Warranty term—Choose one of the agency [e.g., Dun & Bradstreet’s Data LB—ATIS–0322000 following: Universal Numbering System (DUNS) LH—EHIBCC (c) Usage (for warrantees where effectivity Number, GS1 Company Prefix , Allied RH—HIBCC is in terms of operating time or cycles) Committee 135 NATO Commercial and UN—DUNS

TABLE II—WARRANTY REPAIR SOURCE INSTRUCTIONS Contract Number:

Warranty re- Shipping address for warranty returns Warranty repair source pair source enterprise identifier enterprise Address City/ State/ Postal Instructions code type identifier Name line 1 Address county province code Country (r) (j) (k) (l) (m) line 2 (n) (o) (p) (q) ** ** ** ** ** ** ** ** ** **

For each warranty repair source enterprise identifier listed above, include the shipping address for returning warranty items, or include instructions for accessing a Web site to obtain prepaid shipping labels for returning warranty items to the designated source of warranty repair.

** To be completed by the Contractor at the time of award and/or at the time of delivery.

(j) Warranty repair source enterprise LB—ATIS–0322000 (k) Warranty repair source enterprise identifier code type— LH—EHIBCC identifier—A non-repeatable identifier code 0–9—GS1 Company Prefix RH—HIBCC assigned to an enterprise by an issuing D—CAGE UN—DUNS agency [e.g., Dun & Bradstreet’s Data

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Universal Numbering System (DUNS) • Mail: Mail written comments to four, 6–year domestic fishing moratoria Number, GS1 Company Prefix, Allied Michael D. Tosatto, Acting Regional at the Hancock Seamounts, beginning in Committee 135 NATO Commercial and Administrator, NMFS, Pacific Islands 1986. The current 6–year moratorium Government Entity (NCAGE)/Commercial Region (PIR), 1601 Kapiolani Blvd, Suite expires on August 31, 2010. Although and Government Entity (CAGE) Code, or the there would be a short time period Coded Representation of the North American 1110, Honolulu, HI 96814–4700. Telecommunications Industry Instructions: Comments must be between the expiration of the current Manufacturers, Suppliers, and Related submitted to one of these two addresses moratorium and implementation of this Service Companies (ATIS–0322000) Number, to ensure that the comments are rule, if approved, the likelihood of a European Health Industry Business received, documented, and considered new Hawaii-based domestic armorhead Communication Council (EHIBCC) and by NMFS. Comments sent to any other fishery developing is discountable. The Health Industry Business Communication address or individual, or received after Hancock Seamounts are a relatively Council (HIBCC). the end of the comment period, may not small and isolated fishing area, and the (c) Reservation of Rights. The terms of this be considered. Comments will be posted costs of starting up fishing operations to clause shall not be construed to limit the for public viewing after thecomment enter this fishery would be prohibitive Government’s rights or remedies under any relative to the potential fishing yield other contract clause. period has closed. All comments received are a part of the public record during the very short time that the area (End of clause)] and will generally be posted to would be open. Additionally, existing [FR Doc. 2010–21358 Filed 8–27–10; 8:45 am] www.regulations.gov without change. domestic North Pacific trawl vessels BILLING CODE 5001–08–P All personal identifying information would not be allowed to fish at Hancock (e.g., name, address, etc.) submitted Seamounts because trawls are voluntarily by the commenter may be prohibited fishing gear in the U.S. DEPARTMENT OF COMMERCE publicly accessible. Do not submit Pacific Islands. confidential business information, or From July 2009 to August 2010, the National Oceanic and Atmospheric otherwise sensitive or protected Council developed Amendment 2 to the Administration information. NMFS will accept Hawaii FEP to rebuild the armorhead anonymous comments (enter ‘‘NA’’ in stock pursuant to the Magnuson-Stevens 50 CFR Part 665 the required fields if you wish to remain Act; the amendment is currently undergoing Secretarial review (75 FR [Docket No. 100618274–0377–01] anonymous). Attachments to electronic comments will be accepted in Microsoft 51237, August 19, 2010). The Council RIN 0648–AY92 Word or Excel, WordPerfect, or Adobe recommended in Amendment 2 that NMFS establish a minimum rebuilding Fisheries in the Western Pacific; PDF file formats only. Amendment 2 to the Fishery time of 35 years for the U.S. portion of Hawaii Bottomfish and Seamount Ecosystem Plan for the Hawaiian the armorhead stock. The Council also Groundfish; Management Measures for Archipelago contains an environmental recommended that NMFS classify the Hancock Seamounts to Rebuild assessment and background portion of the EEZ surrounding the Overfished Armorhead information, and is available from Hancock Seamounts as an ecosystem AGENCY: National Marine Fisheries www.regulations.gov and from the management area, and extend the Service (NMFS), National Oceanic and Council, 1164 Bishop St., Suite 1400, moratorium at Hancock Seamounts until Atmospheric Administration (NOAA), Honolulu, HI 96813, tel 808–522–8220, the stock is rebuilt. In response to these Commerce. fax 808–522–8226, or web site recommendations, NMFS developed this proposed rule to implement the ACTION: www.wpcouncil.org. Proposed rule; request for latter two recommendations. comments. FOR FURTHER INFORMATION CONTACT: The Council and NMFS recognize Jarad Makaiau, NMFS PIR Sustainable SUMMARY: that, because less than five percent of This proposed rule would Fisheries, 808–944–2108. continue a moratorium on fishing for the armorhead habitat lies within U.S. SUPPLEMENTARY INFORMATION: bottomfish and seamount groundfish at This jurisdiction, rebuilding of the stock the Hancock Seamounts until the document is also available at must be accomplished through overfished U.S. stock of pelagic www.gpoaccess.gov/fr. coordinated international management. Fishing for pelagic armorhead is armorhead (Pseudopentaceros wheeleri) Nonetheless, a prohibition on all managed under the Fishery Ecosystem is rebuilt. This proposed rule would armorhead catches in U.S. waters would Plan for the Hawaiian Archipelago also reclassify the management area provide the maximum protection (FEP). Armorhead are overfished as a around the Hancock Seamounts as an available for armorhead stocks in U.S. result of over-exploitation by foreign ecosystem management area. The intent waters. vessels in international waters, dating The current moratorium applies to all of the continued moratorium is to back to at least the 1970s. Although bottomfish and seamount groundfish, facilitate rebuilding of the armorhead there has never been a U.S. fishery and the proposed moratorium would stock, and the intent of the ecosystem targeting this fish, continued continue to do so. While only management area is to facilitate research exploitation outside the U.S. Exclusive armorhead are overfished, other on armorhead and other seamount Economic Zone (EEZ) by foreign fleets bottomfish and seamount groundfish are groundfish. has kept the stock in an overfished caught with the same gear type as DATES: Comments on the amendment condition. armorhead. Opening the Hancock must be received by October 14, 2010. The Hancock Seamounts are the only Seamount fishery to non-armorhead fish ADDRESSES: Comments on the proposed known armorhead habitat within the would increase the likelihood of rule, identified by 0648–AY92, may be EEZ. These seamounts lie west of 180° incidental catches of armorhead, sent to either of the following addresses: W. and north of 28° N., to the northwest resulting in possible delays to • Electronic Submission: Submit all of Kure Atoll in the Northwestern rebuilding the stock. In addition, the electronic public comments via the Hawaiian Islands. The Council and fishing gear (anchors, weighted lines, Federal e-Rulemaking Portal NMFS have responded to the overfished and hooks) used to target non- www.regulations.gov; or condition of armorhead with a series of armorhead fish, or lost on fishing

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grounds, has the potential to impact This proposed rule has been be small entities under the current Small armorhead essential fish habitat and determined to be not significant for Business Administration definition of small habitat areas of particular concern. For purposes of Executive Order 12866. fish-harvesting businesses (gross receipts not these reasons, all bottomfish and The Chief Counsel for Regulation of in excess of $ 4.0 million). There are no the Department of Commerce certified additional small entities that could be seamount groundfish have been affected by this proposed rulemaking. included in past fishing moratoria at to the Chief Counsel for Advocacy of the There has never been any U.S. fishery at Hancock Seamounts, and are also Small Business Administration that this Hancock Seamounts, nor has there been any included in this proposed rule. proposed rule, if adopted, would not recent interest in starting one, so this NMFS anticipates that further have a significant economic impact on proposed rule would not affect the research will be necessary for the a substantial number of small entities. profitability of fishing businesses under Regional Administrator to determine The analysis follows: Federal management. Therefore, there are no when armorhead stocks are rebuilt and Pelagic armorhead (Pseudopentaceros disproportionate economic impacts from this could support a domestic fishery. wheeleri) is a management unit species under proposed rule based on home port, gear type, the Fishery Ecosystem Plan for the Hawaiian or relative vessel size. For these reasons, Specifically, research must be Archipelago. Armorhead are overfished as a pursuant to section 605(b) of the Regulatory conducted to obtain better information result of over-exploitation by foreign vessels Flexibility Act, 5 U.S.C. 605(b), it has been about armorhead life history, ecological in international waters. There has never been determined that this proposed rule will not information such as food-web dynamics a U.S. fishery targeting this fish, but have a significant economic impact on a and essential fish habitat, population continued exploitation by foreign fleets has substantial number of small entities, based dynamics, and fishery-independent kept the stock in an overfished condition. on the pre-existing status of U.S. fishery for information at the population level. The Western Pacific Fishery Management armorhead and other bottomfish and Additionally, the Council has identified Council (Council) and National Marine seamount groundfish at Hancock Seamounts. the need for habitat mapping and Fisheries Service (NMFS) have responded to As a result, an initial regulatory the overfished condition of armorhead with characterization, and fish distribution a series of four, 6–year domestic fishing flexibility analysis is not required and and abundance by habitat types. This moratoria, beginning in 1986, around the none has been prepared. information is necessary to determine Hancock Seamounts. These seamounts are List of Subjects in 50 CFR Part 665 whether the status of the stock could the only known armorhead habitat in the support a domestic fishery at Hancock U.S. Exclusive Economic Zone (EEZ). The Armorhead, Bottomfish, Fisheries, Seamounts in the future. current 6–year moratorium expires on August Fishing, Hancock Seamounts, Hawaii, Classifying the portion of the EEZ 31, 2010. The Council developed Amendment 2 to Seamount groundfish. around the Hancock Seamounts as an the Hawaii fishery ecosystem plan to Dated: August 24, 2010. ecosystem management area would establish rebuilding requirements pursuant to Samuel D. Rauch III, acknowledge the significance of the area Magnuson-Stevens Act section 304(e)(4). Deputy Assistant Administrator for as a monitoring and research site for Amendment 2 would: (1) continue a Regulatory Programs, National Marine moratorium on fishing for armorhead and ecological studies on armorhead and Fisheries Service. other bottomfish and seamount other bottomfish and seamount groundfish groundfish and their associated benthic until the armorhead stock is rebuilt; (2) For the reasons set out in the habitats. The ecosystem management establish a minimum rebuilding time of 35 preamble, 50 CFR part 665 is proposed years for the U.S. portion of the armorhead to be amended as follows: area would also serve as the area in stock; and (3) classify the portion of the EEZ which the maximum U.S. contribution around the Hancock Seamounts as an PART 665—FISHERIES IN THE to rebuilding of the armorhead stock ecosystem management area. WESTERN PACIFIC would occur. Hancock Seamounts could The fishing moratorium continues to apply also serve as a control site for future to all bottomfish and seamount groundfish. 1. The authority citation for part 665 research that assesses the effectiveness While only armorhead are overfished, other continues to read as follows: of management actions being considered bottomfish and seamount groundfish are by other nations and regional fishery caught with the same gear type as armorhead. Authority: 16 U.S.C. 1801 et seq. management organizations, such as Thus, opening the fishery to non-armorhead fish increases the likelihood of incidental 2. In § 665.202, revise paragraph (a)(3) seasonal closures and bank-specific catches of armorhead, resulting in possible to read as follows: closures in international waters adjacent delays to rebuilding the stock. In addition, § 665.202 Management subareas. to Hancock Seamounts. the fishing gear (anchors, weighted lines, and Additional information and analyses hooks) used to target non-armorhead fish, or * * * * * may be found in Amendment 2, lost on fishing grounds, may impact (3) Hancock Seamounts Ecosystem available from the Council (see armorhead essential fish habitat and habitat Management Area means that portion of ADDRESSES). areas of particular concern. For these reasons, the EEZ in the Northwestern Hawaiian all bottomfish and seamount groundfish have To be considered, comments on this Islands west of 180° W. long. and north been included in the fishing moratoriums at ° proposed rule must be received by Hancock Seamounts in the past, and are also of 28 N. lat. October 14, 2010, not postmarked or included in this action. The intent of the * * * * * otherwise transmitted by that date. continued moratorium and minimum 3. In § 665.204, add new paragraph (k) Classification rebuilding time is to facilitate rebuilding of the armorhead stock, and the intent of the to read as follows: Pursuant to section 304(b)(1)(A) of the ecosystem management area is to facilitate § 665.204 Prohibitions. research on armorhead and other seamount Magnuson-Stevens Act, the NMFS * * * * * Assistant Administrator has determined groundfish. A description of the action, why that this proposed rule is consistent it is being considered, and the legal basis for (k) Fish for or possess any Hawaii this action are contained in the preamble to bottomfish or seamount groundfish with the fishery ecosystem plan for this proposed rule. Hawaii, other provisions of the MUS in the Hancock Seamounts This proposed rule does not duplicate, Ecosystem Management Area, in Magnuson-Stevens Act, and other overlap, or conflict with other Federal rules. applicable laws, subject to further All fishing vessels having the potential to violation of § 665.209. consideration after public comment. participate in this fishery are considered to 4. Revise § 665.209 to read as follows:

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§ 665.209 Fishing moratorium at Hancock MUS in the Hancock Seamounts Administrator determines that the Seamounts. Ecosystem Management Area is armorhead stock is rebuilt. Fishing for, and possession of, Hawaii prohibited until the Regional [FR Doc. 2010–21537 Filed 8–27–10; 8:45 am] bottomfish and seamount groundfish BILLING CODE S

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Notices Federal Register Vol. 75, No. 167

Monday, August 30, 2010

This section of the FEDERAL REGISTER Grain Inspection Agency, Inc. (Cairo); serviced by Amarillo, Cairo, and North contains documents other than rules or Louisiana Department of Agriculture Carolina and subsequently requested proposed rules that are applicable to the and Forestry (Louisiana); North Carolina applications for these areas in the June public. Notices of hearings and investigations, Department of Agriculture (North 25, 2010, Federal Register (75 FR committee meetings, agency decisions and Carolina); and D. R. Schaal Agency, Inc. 36348). Applications for this rulings, delegations of authority, filing of petitions and applications and agency (Schaal). announcement were due by July 26, statements of organization and functions are DATES: Effective Date: October 1, 2010. 2010. examples of documents appearing in this ADDRESSES: Karen W. Guagliardo, Amarillo, Cairo, Louisiana, North section. Branch Chief, Review Branch, Carolina, and Schaal were the sole Compliance Division, GIPSA, USDA, applicants for designations to provide STOP 3604, Room 1647–S, 1400 official services in these areas. As a DEPARTMENT OF AGRICULTURE Independence Avenue, SW., result, GIPSA did not ask for additional Washington, DC 20250–3604. comments. Grain Inspection, Packers and FOR FURTHER INFORMATION CONTACT: GIPSA evaluated all available Stockyards Administration Karen W. Guagliardo, 202–720–8262 or information regarding the designation Designation for the Amarillo, TX; Cairo, [email protected]. criteria in section 7(f)(l) of the USGSA IL; State of Louisiana; State of North Read Applications: All applications (7 U.S.C. 79(f)) and determined that Carolina; Belmond, IA; State of New and comments will be available for Amarillo, Cairo, Louisiana, North Jersey; and State of New York Areas public inspection at the office above Carolina, and Schaal are qualified to during regular business hours (7 CFR provide official services in the AGENCY: Grain Inspection, Packers and 1.27(c)). geographic areas specified in the March Stockyards Administration, USDA. SUPPLEMENTARY INFORMATION: In the 31, 2010, and June 25, 2010, Federal ACTION: Notice. March 31, 2010, Federal Register (75 FR Register for which they applied. These 16068), GIPSA requested applications designation actions to provide official SUMMARY: GIPSA is announcing the for designation to provide official services in the specified areas are designation of the following services in the geographic areas effective October 1, 2010, and terminate organizations to provide official services presently serviced by the agencies on September 30, 2013. under the United States Grain Standards named above. Applications were due by Interested persons may obtain official Act, as amended (USGSA): Amarillo April 30, 2010. GIPSA received no services by calling the telephone Grain Exchange, Inc. (Amarillo); Cairo applications for the areas presently numbers listed below:

Designation Designation Official agency Headquarters location and telephone start end

Amarillo ...... Amarillo, TX (806–372–2152) ...... 10/1/2010 9/30/2013 Additional Location: Guymon, OK. Cairo ...... Cairo, IL (618–734–1316) ...... 10/1/2010 9/30/2013 Louisiana ...... Baton Rouge, LA (318–428–5453) ...... 10/1/2010 9/30/2013 Additional Locations: Jonesville, Oak Grove, Opelousas, LA. North Carolina ...... Raleigh, NC (919–733–4491) ...... 10/1/2010 9/30/2013 Additional Location: Elizabeth City, NC. Schaal ...... Belmond, IA (641–444–7292) ...... 10/1/2010 9/30/2013

Section 7(f)(1) of the USGSA Authority: 7 U.S.C. 71–87k. SUMMARY: Notice is hereby given that authorizes GIPSA’s Administrator to Marianne Plaus, the U.S. Department of Agriculture, Agricultural Research Service, intends designate a qualified applicant to Acting Administrator, Grain Inspection, provide official services in a specified Packers and Stockyards Administration. to grant to Horticultural Research Institute, Inc. of Washington, DC, an area after determining that the applicant [FR Doc. 2010–21456 Filed 8–27–10; 8:45 am] exclusive license to U.S. Patent No. is better able than any other applicant BILLING CODE 3410–KD–P to provide such official services (7 7,066,995, ‘‘Compositions and Films U.S.C. 79(f)(1)). Comprised of Avian Feather Keratin,’’ issued on June 27, 2006. Under section 7(g)(1) of the USGSA, DEPARTMENT OF AGRICULTURE designations of official agencies are DATES: Comments must be received on Agricultural Research Service effective for 3 years unless terminated or before September 29, 2010. by the Secretary; however, designations Notice of Intent To Grant Exclusive ADDRESSES: Send comments to: USDA, may be renewed according to the License ARS, Office of Technology Transfer, criteria and procedures prescribed in 5601 Sunnyside Avenue, Rm. 4–1174, section 7(f) of the Act. AGENCY: Agricultural Research Service, Beltsville, Maryland 20705–5131. USDA. FOR FURTHER INFORMATION CONTACT: June ACTION: Notice of intent. Blalock of the Office of Technology

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Transfer at the Beltsville address given Dated: August 19, 2010. • Mail: Karen W. Guagliardo, Review above; telephone: 301–504–5989. Genny E. Wilson, Branch Chief, Compliance Division, SUPPLEMENTARY INFORMATION: The Designated Federal Officer. GIPSA, USDA, STOP 3604, 1400 Federal Government’s patent rights in [FR Doc. 2010–21414 Filed 8–27–10; 8:45 am] Independence Avenue, SW., this invention are assigned to the United BILLING CODE 3410–11–M Washington, DC 20250–3604. States of America, as represented by the Read Applications: All applications Secretary of Agriculture. It is in the and comments will be available for public interest to so license this DEPARTMENT OF AGRICULTURE public inspection at the office above invention as Horticultural Research during regular business hours (7 CFR Institute, Inc. of Washington, DC has Grain Inspection, Packers and 1.27(c)). submitted a complete and sufficient Stockyards Administration FOR FURTHER INFORMATION CONTACT: application for a license. The Karen W. Guagliardo, 202–720–7312 or Opportunity for Designation in the prospective exclusive license will be [email protected]. Owensboro, KY; Bloomington, IL; Iowa royalty-bearing and will comply with SUPPLEMENTARY INFORMATION: Falls, IA; Casa Grande, AZ; Fargo, ND; Section the terms and conditions of 35 U.S.C. 7(f)(1) of the United States Grain 209 and 37 CFR 404.7. The prospective Grand Forks, ND; and Plainview, TX Areas; Request for Comments on the Standards Act (USGSA) (7 U.S.C. 71– exclusive license may be granted unless, 87k) authorizes GIPSA’s Administrator Official Agencies Servicing These within thirty (30) days from the date of to designate a qualified applicant to Areas this published Notice, the Agricultural provide official services in a specified Research Service receives written AGENCY: Grain Inspection, Packers and area after determining that the applicant evidence and argument which Stockyards Administration, USDA. is better able than any other applicant establishes that the grant of the license ACTION: Notice. to provide such official services. Under would not be consistent with the section 7(g)(1) of the USGSA, requirements of 35 U.S.C. 209 and 37 SUMMARY: The designations of the designations of official agencies are CFR 404.7. official agencies listed below will end effective for 3 years unless terminated on March 31, 2011. We are asking by the Secretary, but may be renewed Richard J. Brenner, persons or governmental agencies according to the criteria and procedures Assistant Administrator. interested in providing official services prescribed in section 7(f) of the Act. [FR Doc. 2010–21491 Filed 8–27–10; 8:45 am] in the areas presently served by these Areas Open for Designation: BILLING CODE 3410–03–P agencies to submit an application for Barton designation. In addition, we are asking for comments on the quality of services Pursuant to Section 7(f)(2) of the Act, DEPARTMENT OF AGRICULTURE provided by the following designated the following geographic areas, in the States of Indiana, Kentucky, and Forest Service agencies: J. W. Barton Grain Inspection Service, Inc. (Barton); Central Illinois Tennessee are assigned to this official Alpine County Resource Advisory Grain Inspection, Inc. (Central Illinois); agency: In Indiana: Committee (RAC) Central Iowa Grain Inspection Service, • Inc. (Central Iowa); Farwell Commodity Clark, Crawford, Floyd, Harrison, AGENCY: Forest Service, USDA. and Grain Services, Inc. (Farwell Jackson, Jennings, Jefferson, Lawrence, ACTION: Notice of meeting. Southwest); North Dakota Grain Martin, Orange, Perry, Scott, Spencer, Inspection Service, Inc. (North Dakota); and Washington Counties. SUMMARY: The Alpine County Resource In Kentucky: Northern Plains Grain Inspection Advisory Committee (RAC) will hold a • Bounded on the North by the Service, Inc. (Northern Plains); and meeting. northern Daviess, Hancock, Plainview Grain Inspection and Breckinridge, Meade, Hardin, Jefferson, DATES: The meeting will be held on Weighing Service, Inc. (Plainview). September 21st, 2010 and will begin at Oldham, Trimble, and Carroll County DATES: Applications and comments are 6 p.m. lines; due by September 29, 2010. • ADDRESSES: The meeting will be held in Bounded on the East by the eastern ADDRESSES: Alpine County at the Alpine Early Submit applications Carroll, Henry, Franklin, Scott, Fayette, Learning Center, 100 Foothill Road, concerning this notice using only one of Jessamine, Woodford, Anderson, Markleeville, CA 96120. the following methods: Nelson, Larue, Hart, Barren, and Allen • Internet: Apply using FGISonline County lines; FOR FURTHER INFORMATION CONTACT: (https://fgis.gipsa.usda.gov/ • Bounded on the South by the Daniel Morris, RAC Coordinator, USDA, default_home_FGIS.aspx) by clicking on southern Allen and Simpson County Humboldt-Toiyabe National Forest, the Delegations/Designations and Export lines; and Carson Ranger District, 1536 S. Carson Registrations (DDR) link. You will need • Bounded on the West by the Street, Carson City, NV 89701 (775) to obtain an FGISonline customer western Simpson and Warren County 884–8140; E-mail number and USDA eAuthentication lines; the southern Butler and [email protected]. username and password prior to Muhlenberg County lines; the SUPPLEMENTARY INFORMATION: Agenda applying. Submit comments at http:// Muhlenberg County line west to the items to be covered include: (1) Review www.regulations.gov. Instructions for Western Kentucky Parkway; the and recommend finding allocation for submitting and reading comments are Western Kentucky Parkway west to proposed projects (2) Determine detailed on the site. State Route 109; State Route 109 north timeframes for the next round of project • Hand Delivery/Courier Address: to State Route 814; State Route 814 proposals (3) Public Comment. The Karen W. Guagliardo, Review Branch north to U.S. Route Alternate 41; U.S. meeting is open to the public. Public Chief, Compliance Division, GIPSA, Route Alternate 41 north to the Webster input opportunity will be provided and USDA, Room 1647–S, 1400 County line; the northern Webster individuals will have the opportunity to Independence Avenue, SW., County line; the western McLean and address the Committee at that time. Washington, DC 20250. Daviess County lines.

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In Tennessee: western Hamilton County line north to areas, which are serviced by GIPSA, are • Bounded on the North by the U.S. Route 20; U.S. Route 20 east to R38; assigned to this official agency: northern Tennessee State line from R38 north to the Hamilton County line; • Maricopa, Pinal, Santa Cruz, and Sumner County east; the northern Hamilton County line east Yuma Counties, Arizona. • Bounded on the East by the eastern to Interstate 35; Interstate 35 northeast • Imperial, Riverside, and San Diego Tennessee State line southwest; to C55; C55 east to S41; S41 north to Counties, California. • Bounded on the South by the State Route 3; State Route 3 east to U.S. North Dakota southern Tennessee State line west to Route 65; U.S. Route 65 north to C25; the western Giles County line; and C25 east to S56; S56 north to C23; C23 Pursuant to Section 7(f)(2) of the Act, • Bounded on the West by the east to T47; T47 south to C33; C33 east the following geographic areas, in the western Giles, Maury, and Williamson to T64; T64 north to B60; B60 east to States of Illinois, Minnesota and North County lines North; the northern U.S. Route 218; U.S. Route 218 north to Dakota, are assigned to this official Williamson County line east; the Chickasaw County; the western agency: western Rutherford, Wilson, and In Illinois: Chickasaw County line; and the western • Sumner County lines north. and northern Howard County lines. Bounded on the East by the eastern • Cumberland County line; the eastern Central Illinois Bounded on the East by the eastern Howard and Chickasaw County lines; Jasper County line south to State Route Pursuant to Section 7(f)(2) of the Act, the eastern and southern Bremer County 33; State Route 33 east-southeast to the the following geographic area, in the lines; V49 south to State Route 297; Indiana-Illinois State line; the Indiana- State of Illinois, is assigned to this State Route 297 south to D38; D38 west Illinois State line south to the southern official agency: to State Route 21; State Route 21 south Gallatin County line; • • Bounded on the South by the Bounded on the North by State to State Route 8; State Route 8 west to southern Gallatin, Saline, and Route 18 east to U.S. Route 51; U.S. U.S. Route 63; U.S. Route 63 south to Williamson County lines; the southern Route 51 south to State Route 17; State Interstate 80; Interstate 80 east to the Jackson County line west to U.S. Route Route 17 east to Livingston County; the Poweshiek County line; the eastern 51; U.S. Route 51 north to State Route Livingston County line east to State Poweshiek, Mahaska, Monroe, and 13; State Route 13 northwest to State Route 47; Appanoose County lines; • Bounded on the East by State Route Route 149; State Route 149 west to State • Bounded on the South by the 47 south to State Route 116; State Route Route 3; State Route 3 northwest to southern Appanoose, Wayne, Decatur, 116 west to Pontiac, which intersects State Route 51; State Route 51 south to Ringgold, and Taylor County lines; with a straight line running north and • the Mississippi River; south through Arrowsmith to the Bounded on the West by the • Bounded on the West by the southern McLean County line; western Taylor County line; the Mississippi River north to the northern • Bounded on the South by the southern Montgomery County line west Calhoun County line; and southern McLean County line; the to State Route 48; State Route 48 north • Bounded on the North by the eastern Logan County line south to State to M47; M47 north to the Montgomery northern and eastern Calhoun County Route 10; State Route 10 west to the County line; the northern Montgomery lines; the northern and eastern Jersey Logan County line; the western Logan County line; the western Cass and County lines; the northern Madison County line; the southern Tazewell Audubon County lines; the northern County line; the western Montgomery County line; and Audubon County line east to U.S. Route County line north to a point on this line • Bounded on the West by the 71; U.S. Route 71 north to U.S. Route that intersects with a straight line, from western Tazewell County line; the 30. the junction of State Route 111 and the western Peoria County line north to The following grain elevators, located northern Macoupin County line to the Interstate 74; Interstate 74 southeast to outside of the above contiguous junction of Interstate 55 and State Route State Route 116; State Route 116 north geographic area, are part of this 16 (in Montgomery County); from this to State Route 26; State Route 26 north geographic area assignment: AgVantage point southeast along the straight line to to State Route 18. FS, Chapin, Franklin County; and Five the junction of Interstate 55 and State Central Illinois’ assigned geographic Star Coop, Rockwell, Cerro Gordo Route 16; State Route 16 east-northeast area does not include the East Lincoln County (located inside D.R. Schaal to a point approximately 1 mile Farmers Grain Co. (Lincoln, Logan Agency’s area). northeast of Irving; a straight line from County, Illinois) grain elevator, which is Central Iowa’s assigned geographic this point to the northern Fayette located inside Central Illinois’ area. area does not include the following County line; the northern Fayette, Springfield Grain Inspection, Inc. grain elevators, which are located inside Effingham, and Cumberland County presently services and will continue to Central Iowa’s area: lines. service this elevator. • West Central Coop in Boxholm, In Minnesota: Boone County, Iowa (serviced by Sioux • Koochiching, St. Louis, Lake, Cook, Central Iowa City Inspection and Weighing Service Itasca, Norman, Mahnomen, Hubbard, Pursuant to Section 7(f)(2) of the Act, Company) and Cass, Clay, Becker, Wadena, Crow Wing, the following geographic area, in the • Hancock Elevator in Elliot, Aitkin, Carlton, Wilkin, and Otter Tail State of Iowa, is assigned to this official Montgomery County, Iowa and two Counties, excluding those export port agency: Hancock elevators in Griswold, Cass locations served by GIPSA. • Bounded on the North by U.S. County, Iowa (serviced by Omaha Grain In North Dakota: Route 30 east to N44; N44 south to E53; Inspection Service, Inc.). • Bounded on the North by the E53 east to U.S. Route 30; U.S. Route 30 northern Steele County line from State Farwell Southwest east to the Boone County line; the Route 32 east; the northern Steele and western Boone County line north to E18; Pursuant to Section 7(f)(2) of the Act, Traill County lines east to the North E18 east to U.S. Route 169; U.S. Route the following geographic areas, in the Dakota State line; 169 north to the Boone County line; the States of Arizona and California, except • Bounded on the East by the eastern northern Boone County line; the those export port locations within these North Dakota State line;

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• Bounded on the South by the Mitchell, Howard, Martin, and Andrews ACTION: Notice of meeting cancellation. southern North Dakota State line west to County lines; and State Route 1; and • Bounded on the West by the SUMMARY: On August 19, 2010 (75 FR • Bounded on the West by State western Andrews, Gaines, and Yoakum 51238–51239), the U.S. Commission on Route 1 north to Interstate 94; Interstate County lines; the northern Yoakum and Civil Rights announced a business 94 east to the Soo Railroad line; the Soo Terry county lines; the western Lubbock meeting to be held on Friday, August Railroad line northwest to State Route 1; County line; the western Hale County 27, 2010 via teleconference. On State Route 1 north to State Route 200; line north to FM 37; FM 37 west to U.S. Wednesday, August 25, 2010, the State Route 200 east to State Route 45; Route 84; U.S. Route 84 northwest to meeting was cancelled. The decision to State Route 45 north to State Route 32; FM 303; FM 303 north to U.S. Route 70; cancel the meeting was too close in time State Route 32 north. U.S. Route 70 west to the Lamb County to the date and time of the meeting for line; the western and northern Lamb the publication of a cancellation notice Northern Plains County lines; the western Castro County to appear in advance of the scheduled Pursuant to Section 7(f)(2) of the Act, line; the southern Deaf Smith County meeting date. The details of the the following geographic areas, in the line west to State Route 214; State Route cancelled meeting are: States of Minnesota and North Dakota, 214 north to the northern Deaf Smith DATE AND TIME: Friday, August 27, 2010; are assigned to this official agency: County line. 11:30 a.m. EDT. In Minnesota: PLACE: Via Teleconference. • Opportunity for Designation Kittson, Roseau, Lake of the Woods, Public Dial In: 1–800–597–7623. Marshall, Beltrami, Polk, Pennington, Interested persons or governmental Conference ID # 94458880. Red Lake, and Clearwater Counties. agencies may apply for designation to In North Dakota: provide official services in the Meeting Agenda • Bounded on the North by the North geographic areas specified above under This meeting is open to the public, Dakota State line; the provisions of section 7(f) of the except where noted otherwise. • Bounded on the East by the North USGSA and 7 CFR 800.196(d). I. Approval of Agenda. Dakota State line south to the southern Designation in the specified geographic II. Program Planning. Grand Forks County line; • • areas is for the period beginning April New Black Panther Party Bounded on the South by the 1, 2011, and ending March 31, 2014. To Enforcement Project. southern Grand Forks and Nelson apply for designation or for more • Sex Discrimination in Liberal Arts County lines west to the western Nelson information, contact Karen W. College Admissions Project. County line; the western Nelson County Guagliardo at the address listed above or • Timeline for Briefing Report on line north to the southern Benson visit GIPSA’s Web site at http:// English-Only in the Workplace. County line, the southern Benson and www.gipsa.usda.gov. III. State Advisory Committee Issues. Pierce County lines west to State Route • Wyoming SAC. 3; and Request for Comments III. Approval of August 13 Meeting • Bounded on the West by State We are publishing this notice to Minutes. Route 3 north to the southern Rolette provide interested persons the IV. Adjourn. County line; the southern Rolette opportunity to comment on the quality CONTACT PERSON FOR FURTHER County line west to the western Rolette of services provided by the Barton, INFORMATION: Lenore Ostrowsky, Acting County line north to the North Dakota Central Illinois, Central Iowa, Farwell Chief, Public Affairs Unit (202) 376– State line. Southwest, North Dakota, Northern 8591. TDD: (202) 376–8116. Plainview Plains, and Plainview official agencies. Persons with a disability requiring In the designation process, we are special services, such as an interpreter Pursuant to Section 7(f)(2) of the Act, particularly interested in receiving for the hearing impaired, should contact the following geographic areas, in the comments citing reasons and pertinent Pamela Dunston at least seven days State of Texas, are assigned to this data supporting or objecting to the prior to the meeting at 202–376–8105. official agency. designation of the applicants. Submit all TDD: (202) 376–8116. • Bounded on the North by the comments to Karen W. Guagliardo at the northern Deaf Smith County line east to Dated: August 26, 2010. above address or at http:// U.S. Route 385; U.S. Route 385 south to David Blackwood, www.regulations.gov. FM 1062; FM 1062 east to State Route We consider applications, comments, General Counsel. 217; State Route 217 east to Prairie Dog and other available information when [FR Doc. 2010–21681 Filed 8–26–10; 4:15 pm] Town Fork of the Red River; Prairie Dog determining which applicant will be BILLING CODE 6335–01–P Town Fork of the Red River southeast to designated. the northern Briscoe County line and Authority: 7 U.S.C. 71–87k. along the northern Hall County line east DEPARTMENT OF COMMERCE to U.S. Route 287; U.S. Route 287 Marianne Plaus, southeast to the eastern Hall County line Acting Administrator, Grain Inspection, Foreign-Trade Zones Board south to the northern Cottle County line; Packers and Stockyards Administration. [Docket 20–2009] the northern Cottle County line east to [FR Doc. 2010–21460 Filed 8–27–10; 8:45 am] the northern Hardeman County line; • BILLING CODE 3410–KD–P Foreign-Trade Zone 29; Application for Bounded on the East by the eastern Subzone Authority; Dow Corning Hardeman and Fourd County lines to Corporation; Extension of Rebuttal the northern Baylor and Archer County COMMISSION ON CIVIL RIGHTS Period lines to the eastern Archer, Throckmorton, Shackelford, and Sunshine Act; Notice of Meeting Based on a request from Dow Corning Callahan County lines; Corporation (Dow Corning), the rebuttal • Bounded on the South by the AGENCY: United States Commission on period on the preliminary southern Callahan, Taylor, Nolan, Civil Rights. recommendation for the application for

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subzone status at the Dow Corning instruments are intended to be used, SUPPLEMENTARY INFORMATION: facilities in Carrollton, Elizabethtown was being manufactured in the United Background and Shepherdsville, Kentucky (75 FR States at the time the instruments were 31763, 6/3/2010) is being extended to ordered. Reasons: Each foreign Section 4 of the ESA contains October 1, 2010 to allow additional time instrument is an electron microscope provisions allowing interested persons for the submission of rebuttal and is intended for research or scientific to petition the Secretary of the Interior comments. Original submissions shall educational uses requiring an electron or the Secretary of Commerce be sent to the Board’s Executive microscope. We know of no electron (Secretary) to add a species to or remove Secretary at: Foreign-Trade Zones microscope, or any other instrument a species from the List of Endangered Board, U.S. Department of Commerce, suited to these purposes, which was and Threatened Wildlife and to Room 2111, 1401 Constitution Ave., being manufactured in the United States designate critical habitat. On April 27, NW., Washington, DC 20230. An at the time of order of each instrument. 2010, we received a petition from Mr. electronic copy shall be submitted to Sam Wright of Olympia, WA, to list Dated: August 24, 2010. Georgia Basin populations of China [email protected]. Gregory W. Campbell, For further information, contact rockfish and tiger rockfish. For the Elizabeth Whiteman at Acting Director, Subsidies Enforcement purpose of this petition finding, we Office, Import Administration. [email protected] or (202) consider the Georgia Basin to include 482–0473. [FR Doc. 2010–21557 Filed 8–29–10; 8:45 am] the inland marine waters of Puget BILLING CODE 3510–DS–S Sound, the Strait of Georgia (north to Dated: August 24, 2010. the mouth of the Campbell River in Andrew McGilvray, British Columbia), and the portion of Executive Secretary. DEPARTMENT OF COMMERCE the Strait of Juan de Fuca east of the [FR Doc. 2010–21571 Filed 8–27–10; 8:45 am] Victoria Sill (see our determination to National Oceanic and Atmospheric BILLING CODE P list three distinct population segments Administration of Puget Sound/Georgia Basin distinct [Docket No. 100813341–0341–01] population segments of rockfish, 75 FR DEPARTMENT OF COMMERCE 22276 (April 28, 2010)). RIN 0648–XX56 Section 4(b)(3)(A) of the ESA (16 International Trade Administration U.S.C. 1531–1544) requires that we Endangered and Threatened Wildlife determine whether a petition to list, Emory University, et al., Notice of and Plants; Notice of 90–Day Finding delist, or reclassify a species presents Consolidated Decision on Applications for a Petition to List Georgia Basin substantial scientific or commercial for Duty–Free Entry of Electron Populations of China Rockfish and information to indicate that the Microscopes Tiger Rockfish as Endangered or petitioned action may be warranted. In Threatened This is a decision consolidated pursuant making this determination, we consider to Section 6(c) of the Educational, AGENCY: National Marine Fisheries information submitted with and Scientific, and Cultural Materials Service (NMFS), National Oceanic and referenced in the petition, and all other Importation Act of 1966 (Pub. L. 89– Atmospheric Administration (NOAA), information available in our files. To the 651, as amended by Pub. L. 106–36; 80 Commerce. maximum extent practicable, this finding is to be made within 90 days of Stat. 897; 15 CFR part 301). Related ACTION: Notice of 90–day petition the receipt of the petition, and the records can be viewed between 8:30 finding. A.M. and 5:00 P.M. in Room 3720, U.S. finding is to be published promptly in Department of Commerce, 14th and SUMMARY: We (NMFS) received a the Federal Register. Constitution Avenue., NW, Washington, petition to list Georgia Basin In evaluating a petition, the Secretary D.C. populations of China rockfish (Sebastes considers whether it (1) describes past Docket Number: 10–038. Applicant: nebulosus) and tiger rockfish (S. and present numbers and distribution of Emory University, Atlanta, GA 30322. nigrocinctus) as endangered or the species and any threats faced by the Instrument: Electron Microscope. threatened species under the species (50 CFR 424.14(b)(2)(ii)); (2) Manufacturer: JEOL, Ltd., Japan. Endangered Species Act (ESA). We provides information regarding the Intended Use: See notice at 75 FR determine that the petition does not status of the species over all or a 46912, August 4, 2010. present substantial evidence to indicate significant portion of its range (50 CFR Docket Number: 10–049. Applicant: that the petitioned action may be 424.14(b)(2)(iii)); and (3) is Health Research Inc., New York State warranted. accompanied by appropriate supporting Department of Health, Menands, NY documentation (50 CFR 12204–2719. Instrument: Electron ADDRESSES: Requests for copies of this 424.14(b)(2)(iv)). Microscope. Manufacturer: JEOL Ltd., petition regarding Georgia Basin China The ESA defines ‘‘species’’ to include Japan. Intended Use: See notice at 75 FR rockfish and tiger rockfish should be subspecies, or a distinct population 46912, August 4, 2010. submitted to Chief, Protected Resources segment of a vertebrate species (16 Docket Number: 10–051. Applicant: Division, NMFS, 1201 NE Lloyd U.S.C. 1532(16)). The petitioner Regents of the University of California at Boulevard, Suite 1100, Portland, OR requested listing of the Georgia Basin San Diego, La Jolla, CA 92093–0651. 97232. The petition and supporting data populations of China rockfish and tiger Instrument: Electron Microscope. are available for public inspection, by rockfish. We evaluated whether the Manufacturer: FEI Company, Czech appointment, Monday through Friday, information provided or cited in the Republic. Intended Use: See notice at 75 at this address. petition met our standard for FR 46912, August 4, 2010. FOR FURTHER INFORMATION CONTACT: ‘‘substantial information’’ as defined in Comments: None received. Decision: Garth Griffin, NMFS, Northwest Region, joint ESA implementing regulations Approved. No instrument of equivalent (503) 231–2005 or Dwayne Meadows, issued by NMFS and the U.S. Fish and scientific value to the foreign NMFS, Office of Protected Resources, Wildlife Service (50 CFR 424.14(b)). We instrument, for such purposes as these (301) 713–1401. also reviewed other information

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available to us (currently within our abundance of these two species. In the action may be warranted. If new files). absence of an analysis in the petition, information becomes available to we independently reviewed the suggest that Georgia Basin populations Previous Petition to list Puget Sound information on recreational catches of of China rockfish and tiger rockfish may China Rockfish and Tiger Rockfish these two species available in our warrant listing under the ESA, we will We have received numerous petitions records. The proportion of these two reconsider conducting a status review. from Mr. Wright. In 1999, he petitioned species in the recreational rockfish us to list 18 species of Puget Sound catch is low, approximately 1 percent References marine fishes. Based on the information over the 12–year period. Standing alone, A complete list of all references cited presented in that petition, and available however, this low percentage does not herein is available upon request (see in our files, we conducted status indicate a low occurrence of these ADDRESSES section). reviews on seven of those fishes. rockfish species relative to others Authority: 16 U.S.C. 1531 et seq. Information on the other eleven fishes because, as noted above, adults of the (including China rockfish and tiger petitioned species tend to remain Dated: August 24, 2010. rockfish) was insubstantial and we hidden in rocky habitat and are Samuel D. Rauch III, therefore did not conduct status reviews therefore less available to anglers. Nor Deputy Assistant Administrator for (64 FR 33037; June 21, 1999). does this information reveal anything Regulatory Programs, National Marine Fisheries Service. Analysis of Petition about the absolute abundance of these two species. The catch information [FR Doc. 2010–21536 Filed 8–27–10; 8:45 am] When reviewing a petition to list a therefore does not indicate that BILLING CODE 3510–22–S species under the ESA, we consider abundance of these species is low information provided in the petition as enough to pose a threat to viability. well as information available in agency We agree with the petitioner’s DEPARTMENT OF COMMERCE files. Mr. Wright’s petition provides assertion that China rockfish and tiger information from SCUBA surveys rockfish typically utilize a small home International Trade Administration conducted in the Georgia Basin from range and experience low productivity. President’s Export Council: Meeting of 1998 to 2009. The petition points to the However, as the petitioner the President’s Export Council fact that there are few observations of acknowledges, a small home range China rockfish and tiger rockfish in causes individuals to remain hidden in AGENCY: International Trade these surveys. The petition provides no rocky habitat, where they may Administration, U.S. Department of analysis to explain how these surveys experience lower mortality, as a result Commerce. can be interpreted to indicate either a of less frequent exposure to predators. ACTION: Notice of an open meeting. low abundance level or a declining Low productivity can be a risk factor in trend in abundance, either of which some instances. However, low SUMMARY: The President’s Export might be evidence of risk to the species. productivity is not an indication of Council will hold a meeting to discuss To the contrary, the petitioner declining abundance (another risk topics related to the National Export acknowledges that adults of these two factor) since it reflects a life history Initiative, and advice from the species tend to remain hidden in rocky trade-off between fecundity and life President’s Export Council as to how to habitats, which could make them span. promote U.S. exports, jobs, and growth. difficult for SCUBA divers to observe. Finally, the petitioner fails to In the absence of any analysis in the demonstrate how any of these DATES: September 16, 2010 at 9:30 a.m. petition, we independently reviewed individual pieces of information could (EDT). the information from these surveys and be integrated into a trend analysis or ADDRESSES: The President’s Export concluded they do not provide evidence some other type of analysis suggesting Council will convene its next meeting of low abundance or a declining trend the two species are at risk. via live webcast on the Internet at in abundance. The surveys are The petitioner states ‘‘This would be http://whitehouse.gov/live. opportunistic sightings, reported by an ideal time to conduct a status review FOR FURTHER INFORMATION CONTACT: J. recreational or professional divers. of these two species since most of the Marc Chittum, President’s Export There is no research protocol associated required assessment work has already Council, Room 4043, 1401 Constitution with these SCUBA reports, and the been done and there is an existing Avenue, NW., Washington, DC 20230, identification of individual fish species Biological Review Team (BRT).’’ While telephone: 202–482–1124, e-mail: cannot be independently verified. it is true that NMFS recently completed [email protected]. Because the area surveyed and the level an ESA review of five rockfish species of effort are opportunistic and variable, in the Puget Sound/Strait of Georgia SUPPLEMENTARY INFORMATION: because the reports are not collected in (including the formation and use of a Background: The President’s Export a systematic sampling design, and BRT), that is not a basis to conduct Council was first established by because adults of these species tend to additional reviews under ESA section Executive Order on December 20, 1973 hide in rocky habitats that could make 4(b)(3)(A). NMFS did not look at to advise the President on matters them difficult to observe, we concluded information on China rockfish and tiger relating to U.S. export trade and report that these survey results do not support rockfish during its review earlier in the to the President on its activities and on inferences about population abundance. year, and the BRT was subsequently its recommendations for expanding U.S. The petition also provides a short disbanded. exports. The President’s Export Council description of the total recreational was renewed most recently by Executive catch of these species over a 12–year Petition Finding Order 13511 of September 29, 2009, for period. The description appears under a After reviewing the petition, as well the two-year period ending September heading in the petition entitled ‘‘Low as information readily available to us, 30, 2011. Abundance Problem,’’ but the petition we have determined that the petition Public Submissions: The public is provides no explanation of how this does not present substantial scientific invited to submit written statements to information reveals anything about the information indicating the petitioned the President’s Export Council by C.O.B.

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September 10, 2010 by either of the Meghmani is the successor-in-interest to On June 3, 2010, we sent a following methods: Alpanil. Interested parties are invited to questionnaire to Meghmani requesting comment on these preliminary results. further information on the nature of the Electronic Statements DATES: Effective Date: August 30, 2010. name change and whether additional Send electronic statements to the FOR FURTHER INFORMATION CONTACT: changes had occurred. Although we President’s Export Council Web site at Jerrold Freeman or Richard Rimlinger, granted Meghmani an extension of the http://trade.gov/pec/peccomments.asp; AD/CVD Operations, Office 5, Import deadline to respond, Meghmani did not or Administration, International Trade respond to our questionnaire. Instead, on July 6, 2010, Meghmani notified the Paper Statements Administration, U.S. Department of Commerce, 14th Street and Constitution Department that it will not participate Send paper statements to J. Marc Avenue, NW., Washington, DC 20230; in the changed-circumstances review. Chittum, President’s Export Council, telephone: (202) 482–0180 or (202) 482– Meghmani did not provide any reasons Room 4043, 1401 Constitution Avenue, 4477, respectively. for its decision to withdraw its NW., Washington, DC 20230. All participation from the changed- statements will be posted on the SUPPLEMENTARY INFORMATION: circumstances review. President’s Export Council Web site Background Since the initiation of the review, no (http://trade.gov/pec/peccomments.asp) other interested party has submitted On December 11, 2009, the without change, including any business comments. Department was notified by Alpanil or personal information provided such that, on April 9, 2009, Alpanil’s name Scope of the Order as names, addresses, e-mail addresses, was officially changed to Meghmani or telephone numbers. All statements The merchandise subject to the order Pigments. In addition to a brief narrative received, including attachments and is carbazole violet pigment 23 identified explaining that there was no change in other supporting materials, are part of as Color Index No. 51319 and Chemical company ownership, management, the public record and subject to public Abstract No. 6358–30–1, with the production, office or factory location, ′ ′ disclosure. You should submit only chemical name of diindolo [3,2-b:3 ,2 - employees, customers, or suppliers, a 1 information that you wish to make m] triphenodioxazine, 8,18-dichloro-5, copy of ‘‘Form G’’ from the Gujurat State available publicly. 15-diethyl-5, 15-dihydro-, and Registar of Firms was attached to Meeting minutes: Copies of the molecular formula of C34H22Cl2N4O2. demonstrate a record of all corporate Council’s meeting minutes will be The subject merchandise includes the changes for Alpanil/Meghmani since the available within 90 days of the meeting. crude pigment in any form (e.g., dry incorporation of Alpanil in 1992. This powder, paste, wet cake) and finished Dated: August 25, 2010. attachment indicates that Alpanil’s pigment in the form of presscake and J. Marc Chittum, name change to Meghmani was dry color. Pigment dispersions in any Executive Secretary, President’s Export recorded on April 9, 2009. form (e.g., pigment dispersed in Council. On March 9, 2010, in accordance with oleoresins, flammable solvents, water) [FR Doc. 2010–21641 Filed 8–26–10; 4:15 pm] section 751(b) of the Act, 19 CFR are not included within the scope of the BILLING CODE 3510–DR–P 351.216, and 19 CFR 351.221(c)(3), we order. The merchandise subject to the published in the Federal Register a order is classifiable under subheading notice of initiation of an antidumping 3204.17.90.40 of the Harmonized Tariff DEPARTMENT OF COMMERCE duty changed-circumstances review. See Schedule of the United States (HTSUS). Carbazole Violet Pigment 23 from India: Although the HTSUS subheading is International Trade Administration Initiation of Antidumping Duty provided for convenience and customs [A–533–838] Changed-Circumstances Review, 75 FR purposes, the written description of the 10759 (March 9, 2010) (Initiation). In scope of the order is dispositive. Carbazole Violet Pigment 23 From this notice we indicated that we would Use of Adverse Facts Available India: Preliminary Results of conduct the changed-circumstances Antidumping Duty Changed- review in the context of the For the reason discussed below, we Circumstances Review administrative review of the order determine that the use of adverse facts covering the period December 1, 2008, available is appropriate for the AGENCY: Import Administration, through November 30, 2009. preliminary results of the changed- International Trade Administration, On April 5, 2010, Meghmani circumstances review with respect to Department of Commerce. withdrew its request for a review of its Meghmani. SUMMARY: Pursuant to section 751(b) of sales of merchandise subject to the A. Use of Facts Available the Tariff Act of 1930, as amended (the antidumping duty order for the 2008/09 Act), and 19 CFR 351.216 and period in a timely manner. Therefore, in Section 776(a)(2) of the Act provides 351.221(c)(3), the Department of accordance with 19 CFR 351.213(d)(1), that, if an interested party withholds Commerce (the Department) is we rescinded the 2008/09 review with information requested by the conducting a changed-circumstances respect to CVP 23 from India produced administering authority, fails to provide review of the antidumping duty order and/or exported by Meghmani. See such information by the deadlines for on carbazole violet pigment 23 from Carbazole Violet Pigment 23 from India: submission of the information and in India to determine whether Meghmani Rescission of Administrative Review, 75 the form or manner requested, Pigments (Meghmani) is the successor- FR 25209 (May 7, 2010). In the notice significantly impedes a proceeding in-interest to Alpanil Industries we indicated that, in accordance with under this title, or provides such (Alpanil) for determining antidumping 19 CFR 351.216(e), we intend to ‘‘issue information but the information cannot duty liability. Because Meghmani did final results of the changed- be verified as provided in section 782(i) not respond to the Department’s circumstances review within 270 days 1 The bracketed section of the product questionnaire, we have preliminarily after the date on which we initiated the description, [3,2-b:3′,2′-m], is not business- determined that the use of facts changed-circumstances review.’’ See 75 proprietary information. In this case, the brackets available is appropriate to find that FR at 25210. are simply part of the chemical nomenclature.

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of the Act, the Department shall use Meghmani is the successor-in-interest to As indicated in the Initiation, during facts otherwise available in reaching the Alpanil. In making the adverse the course of this changed- applicable determination. inference, we have relied on the circumstances review we will not Because Meghmani did not respond to information placed on the record by change any cash-deposit requirements our June 3, 2010, questionnaire, Meghmani to determine that Meghmani on entries of merchandise subject to the pursuant to sections 776(a)(2)(A) and (B) is the successor-in-interest to Alpanil. antidumping duty order unless a change of the Act, we must rely entirely on facts See section 776(b) of the Act.2 If we is determined to be warranted pursuant available. were to find that Meghmani is not the to the final results of this changed- B. Application of Adverse Inferences for successor-in-interest to Alpanil, that circumstances review. Facts Available would ensure that Meghmani would We are issuing and publishing these ‘‘obtain a more favorable result by failing preliminary results and notice in In selecting among the facts otherwise to cooperate’’ because the all-others rate accordance with sections 751(b) and available, section 776(b) of the Act of 27.48 percent for the antidumping 777(i)(1) of the Act and 19 CFR 351.216. provides that, if the Department finds duty order would apply to Meghmani Dated: August 23, 2010. that an interested party has failed to which is significantly lower than cooperate by not acting to the best of its Alpanil’s current rate of 58.90 percent. Ronald K. Lorentzen, ability to comply with a request for Accordingly, we preliminarily Deputy Assistant Secretary for Import information, the Department may use an determine that Meghmani is the Administration. inference adverse to the interests of that successor-in-interest to Alpanil and will [FR Doc. 2010–21577 Filed 8–27–10; 8:45 am] party. In addition, the Statement of assign to Meghmani the same treatment BILLING CODE 3510–DS–P Administrative Action accompanying as Alpanil with respect to the the Uruguay Round Agreements Act, antidumping duty proceeding. H.R. Rep. 103–316, Vol. 1, 103d Cong. DEPARTMENT OF COMMERCE (1994), reprinted in 1994 U.S.C.C.A.N. Public Comment 4040 (SAA), establishes that the Case briefs from interested parties Foreign-Trade Zones Board Department may employ an adverse may be submitted not later than 15 days [Order No. 1703] inference ‘‘to ensure that the party does after the date of publication of this not obtain a more favorable result by notice of preliminary results of changed- Reorganization of Foreign-Trade Zone failing to cooperate than if it had circumstances review. See 19 CFR 126 Under Alternative Site Framework; cooperated fully.’’ See SAA at 870. The 351.309(c)(1)(ii). Rebuttal briefs from Reno, NV SAA also instructs the Department to interested parties, limited to the issues Pursuant to its authority under the consider, in employing adverse raised in the case briefs, may be Foreign-Trade Zones Act of June 18, inferences, ‘‘the extent to which a party submitted not later than five days after 1934, as amended (19 U.S.C. 81a–81u), may benefit from its own lack of the time limit for filing the case briefs the Foreign-Trade Zones Board (the cooperation.’’ Id. Moreover, ‘‘affirmative or comments. Parties who submit case Board) adopts the following Order: evidence of bad faith on the part of a briefs or rebuttal briefs in this respondent is not required before the proceeding are requested to submit with Whereas, the Board adopted the Department may make an adverse each argument a statement of the issue, alternative site framework (ASF) in inference.’’ See Antidumping Duties; a summary of the arguments not December 2008 (74 FR 1170, 01/12/09; Countervailing Duties, Final Rule, 62 FR exceeding five pages, and a table of correction 74 FR 3987, 01/22/09) as an 27296, 27340 (May 19, 1997). statutes, regulations, and cases cited. option for the establishment or We find that, by failing completely to Interested parties who wish to request reorganization of general-purpose zones; respond to our questionnaire in the a hearing or to participate in a hearing Whereas, the Economic Development changed-circumstances review if a hearing is requested must submit a Authority of Western Nevada, grantee of concerning its name change, Meghmani written request to the Assistant Foreign-Trade Zone 126, submitted an withheld requested information and Secretary for Import Administration application to the Board (FTZ Docket thus failed to cooperate to the best of its within 15 days of the date of publication 26–2010, filed 4/19/2010) for authority ability and, therefore, we may use an of this notice. See 19 CFR 351.310(c). to reorganize under the ASF with a inference that is adverse to the interests Such requests should contain the service area of Carson City, Douglas and of Meghmani. following information: (1) The party’s Storey Counties as well as portions of name, address, and telephone number; Churchill, Lyon and Washoe Counties, C. Selection of Information Used as (2) the number of participants; (3) a list Nevada, in and adjacent to the Reno Facts Available of issues to be discussed. Issues raised Customs and Border Protection port of Where the Department applies an in the hearing will be limited to those entry, FTZ 126’s existing Sites 1, 4–14 adverse inference because a respondent discussed in the case briefs. If and 17 would be categorized as magnet failed to cooperate by not acting to the requested, any hearing will be held two sites, existing Sites 2, 3, 15 and 16 best of its ability to comply with a days after the scheduled date for would be categorized as usage-driven request for information, section 776(b) submission of rebuttal briefs. sites, and the grantee proposes two of the Act authorizes the Department to The Department will publish in the additional usage-driven sites (Sites 18 rely on information derived from the Federal Register a notice of the final and 19); petition, a final determination, a results of this changed-circumstances Whereas, notice inviting public previous administrative review, or other review, including the results of its comment was given in the Federal information placed on the record. See analysis of issues raised in any written Register (75 FR 21594–21595, 4/26/10) also 19 CFR 351.308(c) and the SAA at briefs or at the hearing if requested. and the application has been processed 870. pursuant to the FTZ Act and the Board’s Because we are making an adverse 2 Because the information upon which we are regulations; and, relying was obtained in the course of the review inference with regard to Meghmani and is not secondary information, corrobation of Whereas, the Board adopts the based on the most recent information at this information is not necessary. See section 776(c) findings and recommendations of the our disposal, we preliminarily find that of the Act. examiner’s report, and finds that the

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requirements of the FTZ Act and Drive in Texas Township (Kalamazoo Dated: August 25, 2010. Board’s regulations are satisfied, and County); Site 4 (22 acres)—8250 Logistic Mitchell S. Bryman, that the proposal is in the public Drive, Zeeland Township (Ottawa Alternate OSD Federal Register Liaison interest; County), some 20 miles southwest of Officer, Department of Defense. Now, therefore, the Board hereby Grand Rapids; Site 5 (30 acres)—located [FR Doc. 2010–21540 Filed 8–27–10; 8:45 am] orders: within the 120-acre St. Joseph River BILLING CODE 5001–06–P The application to reorganize FTZ 126 Harbor Development Area adjacent to under the alternative site framework is Lake Michigan in Benton Harbor approved, subject to the FTZ Act and (Berrien County), some 50 miles east of DELAWARE RIVER BASIN the Board’s regulations, including Battle Creek; Site 7 (14 acres)—72100 COMMISSION Section 400.28, to the Board’s standard Highway M–40 South, Lawton (Van 2,000-acre activation limit for the Buren County); and Site 8 (50,000 sq. Notice of Commission Meeting and overall general-purpose zone project, to ft.)—located at 1609 Parnall Road, Public Hearing a five-year ASF sunset provision for Jackson (approved on a temporary basis Notice is hereby given that the magnet sites that would terminate until 1/31/11). authority for Sites 1, 4, 5, 7–14 and 17 Delaware River Basin Commission will For further information, contact hold an informal conference followed if not activated by August 31, 2015, and Elizabeth Whiteman at to a three-year ASF sunset provision for by a public hearing on Wednesday, [email protected] or (202) September 15, 2010. The hearing will be usage-driven sites that would terminate 482–0473. authority for Sites 2, 3, 15–16 and 18– part of the Commission’s regular 19 if no foreign-status merchandise is Dated: August 25, 2010. business meeting. The conference admitted for a bona fide customs Andrew McGilvray, session and business meeting both are purpose by August 31, 2013. Executive Secretary. open to the public and will be held at [FR Doc. 2010–21572 Filed 8–27–10; 8:45 am] the West Trenton Volunteer Fire Signed at Washington, DC, this 19th day of Company, located at 40 West Upper August 2010. BILLING CODE P Ferry Road, West Trenton, New Jersey. Ronald K. Lorentzen, The conference among the Deputy Assistant Secretary for Import commissioners and staff will begin at Administration, Alternate Chairman, Foreign- DEPARTMENT OF DEFENSE 10:30 a.m. and will consist of: A report Trade Zones Board. by staff on the year’s progress in Attest: National Security Agency implementing the 2004 Basin Plan; a Andrew McGilvray, report by a representative of the U.S. Executive Secretary. Notice of Intent To Grant an Exclusive Army Corps of Engineers on the regional [FR Doc. 2010–21573 Filed 8–27–10; 8:45 am] License; Doar, Pekuin, Sall Limited sediment management planning BILLING CODE P Liability Company process; and a presentation by a representative of the U.S. AGENCY: National Security Agency, DoD. Environmental Protection Agency on DEPARTMENT OF COMMERCE ACTION: Notice. the Delaware Basin Source Water Collaborative Forum to take place on Foreign-Trade Zones Board SUMMARY: The National Security Agency March 10, 2011. hereby gives notice of its intent to grant The subjects of the public hearing to Foreign-Trade Zone 43—Battle Creek, Doar, Pekuin, Sall Limited Liability MI; Site Renumbering Notice be held during the 1:30 p.m. business Company a revocable, non-assignable, meeting include the dockets listed Foreign-Trade Zone 43 was approved exclusive, license to practice the below: by the FTZ Board on October 19, 1978 following Government-Owned 1. Upper Southampton Municipal (Board Order 138, 43 FR 50233, 10/27/ invention as described in U.S. Patent Authority, D–1965–023 CP–2. An 78), and expanded on December 27, No. 6,404,407 entitled ‘‘Ridge laser with application for the renewal of a 1990 (Board Order 496, 56 FR 675, 1/8/ oxidized strain-compensated groundwater withdrawal project to 91), January 3, 1992 (Board Order 554, superlattice of group III–V supply the docket holder’s water supply 57 FR 1143, 1/10/92 and Board Order semiconductor.’’ The invention is distribution system from existing Wells 555, 57 FR 1143, 1/10/92), and June 20, assigned to the United States Nos. 3, 7, and 9. The docket holder 1997 (Board Order 897, 62 FR 36044, 7/ Government as represented by the requests an allocation of 13.53 million 3/97 and Board Order 898, 62 FR 36043, National Security Agency. gallons per month (mgm). The project 7/3/97). DATES: Anyone wishing to object to the wells were constructed in the Stockton FTZ 43 currently consists of 5 ‘‘sites’’ grant of this license has fifteen (15) days Formation and are located in the totaling 1,820 acres in the Battle Creek, from the publication date of this notice Southampton and Mill Creek Michigan area. The current update does to file written objections along with any Watersheds in Upper Southampton not alter the physical boundaries that supporting evidence, if any. Township, Bucks County, Pennsylvania, have previously been approved, but in the Southeastern Pennsylvania instead involves an administrative ADDRESSES: Written objections are to be Ground Water Protected Area (GWPA). renumbering that separates certain non- filed with the National Security Agency 2. Abington Township, D–1973–191 contiguous sites for record-keeping Technology Transfer Program, 9800 CP–4. An application for renewal of the purposes. Savage Road, Suite 6541, Fort George G. Abington Township Wastewater Under this revision, the site list for Meade, MD 20755–6541. Treatment Plant (WWTP). The existing FTZ 43 will be as follows: Site 1 (1,710 FOR FURTHER INFORMATION CONTACT: WWTP will continue to discharge acres)—within the Fort Custer Industrial Marian T. Roche, Director, Technology treated effluent at an annual average Park, Battle Creek; Site 2 (21 acres)— Transfer Program, 9800 Savage Road, flow of 3.91 million gallons per day Columbia West Industrial Park, Battle Suite 6541, Fort George G. Meade, MD (mgd) to Sandy Run, a tributary of the Creek; Site 3 (23 acres)—6677 Beatrice 20755–6541, telephone (443) 479–9569. Wissahickon Creek, which drains to the

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Schuylkill River. The facility is located Aquashicola Creek, a tributary of the traverse and dock at the facility. The in Upper Dublin Township, Lehigh River, and is located within the project is located in Water Quality Zone Montgomery County, Pennsylvania. drainage area of the section of the non- 5 of the Delaware River at River Mile 3. Lower Moreland Township tidal Delaware River known as the 61.8, in Delaware City, New Castle Authority, D–1987–052 CP–3. An Lower Delaware, which is classified as County, Delaware. application for the renewal of an Special Protection Waters. The facility 12. Naval Surface Warfare Center, existing 0.279 mgd discharge from the is located in the Borough of Palmerton, Carderock Division, Ship Systems Chapel Hill WWTP to an unnamed Carbon County, Pennsylvania. Engineering Station, D–2009–003–1. An tributary of Southampton Creek at River 8. Upper Gwynedd Township, D– application for approval of a surface Mile 109.75–16.1–0.71–0.5 (Delaware 1991–088 CP–6. An application for water withdrawal of up to 1,147.25 mgm River-Pennypack Creek-Southampton approval of a modification of the Upper from an existing surface water intake to Creek-UNT). The Chapel Hill WWTP is Gwynedd Township WWTP by the be used for once-through non-contact located in Lower Moreland Township, addition of a BiomagTM treatment cooling of land-based test sites (LBTS) Montgomery County, Pennsylvania. process. The process entails adding for ship systems associated with the 4. Manwalamink Water Company, D– magnetite to the aeration tanks in order Naval Surface Warfare Center, 1989–050 CP–5. An application for to enhance solids settling and BOD and Carderock Division, Ship Systems renewal of a groundwater withdrawal nutrient removal. The WWTP will Engineering Station (NSWCCD–SSES). project to continue to supply up to 15 continue to treat an average annual flow The project intake is located in the Navy mgm of groundwater to the public water of 5.7 mgd and discharge treated sewage Reserve Basin, which is connected by a supply system from existing Wells Nos. effluent to the Wissahickon Creek, a channel to the Schuylkill River, one-half 1, 2, 3, 5, and 6. Wells Nos. 1 and 2 are tributary of the Schuylkill River. The mile upstream of the confluence of the completed in the Pleistocene alluvial facility is located in Upper Gwynedd Schuylkill and Delaware rivers. The sand and gravel aquifer. Wells Nos. 3, 5, Township, Montgomery County, Navy Reserve Basin is located in the and 6 are completed in the Ridgeley- Pennsylvania. City of Philadelphia, Pennsylvania, in Coeymans Formation. The project is 9. Plumstead Township, D–1997–033 the Schuylkill River Watershed. located in the Shawnee Creek and CP–3. An application to approve the 13. City of Dover, D–2009–014 CP–1. Delaware River watersheds in addition of new Well No. LG–6 to the An application for approval of an Smithfield Township, Monroe County, applicant’s 11 existing wells and to existing 0.360 mgd discharge of cooling Pennsylvania within the drainage area increase the applicant’s total tower blowdown from Outfalls Nos. 004 of the section of the non-tidal Delaware groundwater withdrawal allocation from and 005 from the applicant’s McKee River known as the Middle Delaware, all wells from 15.31 million gallons per Run Electric Generating Station. The which is classified as Special Protection 30 days (mg/30 days) to 23.02 mgm. The project outfalls are located at River Mile Waters. project wells are located in the 23.70–14.36–0.34 (Delaware River-Saint 5. Waste Management of Brunswick Group, Lockatong Jones River-McKee Run) in the City of Pennsylvania, D–1991–090–2. An Formation, and Stockton Formation in Dover, Kent County, Delaware. application for the renewal of a surface Plumstead Township, Bucks County, 14. Reading Area Water Authority— water withdrawal project to continue to Pennsylvania within four subbasins of Maiden Creek, D–2010–009 CP–1. An supply 6 mgm of water to the the Southeastern Pennsylvania Ground application for approval of an existing applicant’s landfill operations from the Water Protected Area: Tohickon-Deep 4.3 mgd discharge from the Maiden existing Intake on Manor Lake. The Run, Tohickon-Geddes-Cabin Runs, Creek Water Filtration Plant (WFP). The project is located in the Delaware River Pine Run, and North Branch Neshaminy discharge consists of filter backwash, Watershed in Tullytown and Falls Creek. pump seal water, chlorine analyses, and townships, Bucks County, 10. Borough of Bryn Athyn, D–2008– diesel generator cooling water from the Pennsylvania. 013 CP–3. An application for approval WFP. Modifications to the backwash 6. Dan Schantz Farm and to modify the existing 0.08 mgd New treatment process are proposed that will Greenhouses, D–1999–014–2. An Church WWTP. Modifications include not increase the capacity of the WFP. application for the renewal of a the addition of an equalization tank and The project discharges to Maiden Creek groundwater withdrawal project to a sludge holding tank, to be at River Mile 92.47–85.63–0.24 continue the withdrawal of up to 3.57 incorporated into the existing treatment (Delaware River-Schuylkill River- mgm of water for irrigation and potable design. The New Church WWTP will Maiden Creek) in Ontelaunee water supply from eight existing wells continue to discharge to an unnamed Township, Berks County, Pennsylvania. located in the Brunswick Formation. Tributary of Huntingdon Valley Creek at 15. Friesland Campino Domo, D– The project is located in the Hosensach- River Mile 109.75–12.02–1.11–0.17 2010–010–1. An application for Indian Creek Watershed in Lower (Delaware River-Pennypack Creek- approval of an existing groundwater Milford Township, Lehigh County, Huntingdon Valley Creek-UNT) in Bryn withdrawal project to supply up to Pennsylvania in the Southeastern Athyn Borough, Montgomery County, 31.95 mg/30 days of water to the Pennsylvania Ground Water Protected Pennsylvania. The project is located in applicant’s vitamin production facility Area. the Southeastern Pennsylvania Ground from existing Wells No. 1 and 2. The 7. Borough of Palmerton, D–1964–028 Water Protected Area. project is located in the Lower Walton CP–2. An application for approval of an 11. Premcor Refining Group, D–2009– Formation in the West Branch Delaware upgrade of the existing Palmerton 023–1. An application for approval to River Watershed in the Town of Delhi, Borough WWTP. The upgrade includes increase the dredging depth of the Delaware County, New York, within the replacing the existing contact facility’s Entrance Channel and Turning drainage area of the section of the non- stabilization activated sludge treatment Basin by five feet (to a new depth of tidal Delaware River known as the system with a sequencing batch reactor ¥37 ft. MLW) and of the Pier Berthing Upper Delaware, which is classified as (SBR) treatment system. No increase in Area by three feet (to a new depth of Special Protection Waters. the design annual average flow of 0.75 ¥40 ft. MLW). Approximately 650,000 16. Schuylkill County Municipal mgd is proposed. The WWTP will cubic yards of new material will be Authority—Deer Lake, D–2010–019 CP– continue to discharge to the dredged to allow for larger ships to 1. An application for approval to

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expand the existing Deer Lake WWTP hearing are occasionally postponed to SUPPLEMENTARY INFORMATION: Section from a hydraulic design of 0.229 mgd to allow more time for the Commission to 3506 of the Paperwork Reduction Act of 1.0 mgd. Treated wastewater will consider them. Please check the 1995 (44 U.S.C. Chapter 35) requires continue to discharge to Pine Creek at Commission’s Web site, drbc.net, closer that the Office of Management and River Mile 92.47–106.75–2.35 (Delaware to the meeting date for changes that may Budget (OMB) provide interested River-Schuylkill River-Pine Creek) via be made after the deadline for filing this Federal agencies and the public an early Outfall No. 001, in West Brunswick notice. opportunity to comment on information Township, Schuylkill County, Individuals who wish to comment for collection requests. The OMB is Pennsylvania. the record on a hearing item or to particularly interested in comments 17. Gloucester County Utilities address the Commissioners informally which: (1) Evaluate whether the Authority—Pitman Golf Course, D– during the public dialogue portion of proposed collection of information is 2010–029 CP–1. An application for the meeting are asked to sign up in necessary for the proper performance of approval to construct and operate the advance by contacting Ms. Paula the functions of the agency, including 0.2 mgd Pitman Golf Course (PGC) Schmitt of the Commission staff, at whether the information will have WWTP. Effluent limits for the PGC [email protected] or by practical utility; (2) Evaluate the WWTP will be based upon a 0.1 mgd phoning Ms. Schmitt at 609–883–9500 accuracy of the agency’s estimate of the discharge, the requested irrigation flow ext. 224. burden of the proposed collection of required at the PGC to avoid an increase Individuals in need of an information, including the validity of in withdrawal from New Jersey Critical accommodation as provided for in the the methodology and assumptions used; Water Supply Area 2. The PGC WWTP Americans with Disabilities Act who (3) Enhance the quality, utility, and will receive flow from the Chestnut wish to attend the informational clarity of the information to be Branch Interceptor, an existing meeting, conference session or hearings collected; and (4) Minimize the burden component of the wastewater collection should contact the Commission of the collection of information on those system for the Gloucester County Secretary directly at 609–883–9500 ext. who are to respond, including through Utilities Authority (GCUA) WWTP, 203 or through the Telecommunications the use of appropriate automated, which discharges to Water Quality Zone Relay Services (TRS) at 711, to discuss electronic, mechanical, or other 4 in the tidal Delaware River. After how the Commission can accommodate technological collection techniques or treatment, the effluent will be spray- your needs. other forms of information technology. irrigated on the Pitman Golf Course, located in Mantua Township, Dated: August 24, 2010. Dated: August 24, 2010. Gloucester County, New Jersey. Excess Pamela M. Bush, Stephanie Valentine, wastewater withdrawn from the Commission Secretary. Acting Director, Information Collection Interceptor will be returned to the [FR Doc. 2010–21505 Filed 8–27–10; 8:45 am] Clearance Division, Regulatory Information Management Services, Office of Management. Interceptor for treatment at the GCUA’s BILLING CODE 6360–01–P 27 mgd WWTP located in West Office of Postsecondary Education Deptford, Gloucester County, New Jersey. Type of Review: Reinstatement. In addition to the standard business DEPARTMENT OF EDUCATION Title of Collection: Financial Report meeting items, consisting of adoption of for Grantees under the Title III Part A, the Minutes of the Commission’s May 5 Notice of Submission for OMB Review Title III Part B, and the Title V Program and July 14, 2010 business meetings, Endowment Activities and Endowment AGENCY: Department of Education. announcements of upcoming meetings Challenge Grant Program. and events, a report on hydrologic ACTION: Comment request. OMB Control Number: 1840–0564. conditions, reports by the Executive Agency Form Number(s): N/A. SUMMARY: The Acting Director, Frequency of Responses: Annually. Director and the Commission’s General Information Collection Clearance Counsel, public hearings on water Affected Public: Not-for-profit Division, Regulatory Information institutions. withdrawal and discharge projects, and Management Services, Office of public dialogue, the business meeting Total Estimated Number of Annual Management invites comments on the Responses: 500. also will include a public hearing on a submission for OMB review as required resolution concerning delegation of Total Estimated Annual Burden by the Paperwork Reduction Act of 1995 Hours: 1,500. DRBC review of the Southport Marine (Pub. L. 104–13). Terminal project and consideration by Abstract: This financial reporting the Commission of its proposal DATES: Interested persons are invited to form will be utilized for Title III Part A, (published in February and March of submit comments on or before Title III Part B and Title V Program 2010) to amend water charging rates. September 29, 2010. Endowment Activities and Title III Part Draft dockets scheduled for public ADDRESSES: Written comments should C Endowment Challenge Grant Program. hearing on September 15, 2010 can be be addressed to the Office of The purpose of this Annual Financial accessed through the Notice of Information and Regulatory Affairs, Report is to have the grantees report Commission Meeting and Public Attention: Education Desk Officer, annually the kind of investments that Hearing on the Commission’s Web site, Office of Management and Budget, 725 have been made, the income earned and drbc.net, ten days prior to the meeting 17th Street, NW., Room 10222, New spent, and whether any part of the date. Additional public records relating Executive Office Building, Washington, Endowment Fund Corpus has been to the dockets may be examined at the DC 20503, be faxed to (202) 395–5806 or spent. This information allows us to Commission’s offices. Please contact e-mailed to give technical assistance and determine William Muszynski at 609–883–9500, [email protected] with a whether the grantee has complied with extension 221, with any docket-related cc: to [email protected]. Please note the statutory and regulatory investment questions. that written comments received in requirements. Note that conference items are subject response to this notice will be Requests for copies of the information to change and items scheduled for considered public records. collection submission for OMB review

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may be accessed from the RegInfo.gov DEPARTMENT OF ENERGY encourages electronic filing, documents Web site at http://www.reginfo.gov/ may also be paper-filed. To paper-file, public/do/PRAMain or from the Federal Energy Regulatory mail an original and seven copies to: Department’s website at http:// Commission Kimberly D. Bose, Secretary, Federal edicsweb.ed.gov, by selecting the [Project No. 13729–000] Energy Regulatory Commission, 888 ‘‘Browse Pending Collections’’ link and First Street, NE., Washington, DC 20426. by clicking on link number 4345. When Energy Exchange, Inc.; Notice of More information about this project, you access the information collection, Preliminary Permit Application including a copy of the application, can click on ‘‘Download Attachments ’’ to Accepted for Filing and Soliciting be viewed or printed on the ‘‘eLibrary’’ view. Written requests for information Comments, Motions To Intervene, and link of Commission’s Web site at http://www.ferc.gov/docs-filing/ should be addressed to U.S. Department Competing Applications elibrary.asp. Enter the docket number of Education, 400 Maryland Avenue, August 23, 2010. (P–13729–000) in the docket number SW., LBJ, Washington, DC 20202–4537. On May 11, 2010, and supplemented field to access the document. For Requests may also be electronically on July 20, 2010, Energy Exchange, Inc. assistance, contact FERC Online mailed to the Internet address filed an application, pursuant to section Support. [email protected] or faxed to 202– 4(f) of the Federal Power Act (FPA), 401–0920. Please specify the complete proposing to study the feasibility of the Kimberly D. Bose, title of the information collection and Tacoma Water Supply Hydroelectric Secretary. OMB Control Number when making Project (Tacoma Project). The Tacoma [FR Doc. 2010–21464 Filed 8–27–10; 8:45 am] your request. Project would be located within the city BILLING CODE 6717–01–P of Tacoma in Pierce County, Individuals who use a Washington on an existing water telecommunications device for the deaf conveyance system. DEPARTMENT OF ENERGY (TDD) may call the Federal Information The Tacoma Project would consist of: Relay Service (FIRS) at 1–800–877– (1) Two existing 60-inch diameter Federal Energy Regulatory 8339. pipelines that originate at the Green Commission [FR Doc. 2010–21494 Filed 8–27–10; 8:45 am] River headworks at the lower end of the [Docket No. CP10–486–000] BILLING CODE 4000–01–P Green River Watershed; (2) two new powerhouses to be located at two points Colorado Interstate Gas Company; along the pipelines with one 1.8- Notice of Application megawatt (MW) turbine/generating unit ELECTION ASSISTANCE COMMISSION at each; (3) a new three-phase August 23, 2010. transmission line (voltage to be Take notice that on August 12, 2010, Sunshine Act Notice determined) connecting to the nearest Colorado Interstate Gas Company (CIG), tie-in point of a local utility. The project P.O. Box 1087, Colorado Springs, AGENCY: U.S. Election Assistance would produce an estimated average Colorado 80944, pursuant to section 7(c) Commission. annual generation of about 31,000 of the Natural Gas Act (NGA), filed in megawatt-hours. Docket No. CP10–486–000, an ACTION: Notice of closed meeting Applicant Contact: Duane Pratt, application authoring the construction agenda. Energy Exchange, Inc., 2711 Centerville and operation of an air blending station Rd., Suite 120—PMB 7023, Wilmington, consisting of compression and DATE AND TIME: Wednesday, September DE 19808; phone (208) 371–1285. appurtenant facilities located in Douglas 1, 2010; 9:30 a.m.–12 p.m. EDT. FERC Contact: Patrick Murphy (202) County, Colorado. Specifically, CIG 502–8755. states that it proposes: (1) To construct PLACE: U.S. Election Assistance Deadline for filing comments, motions and operate the Spruce Hill Air Commission, 1201 New York Ave., NW., to intervene, competing applications Blending Project facilities (Project); (2) Washington, DC 20005. (without notices of intent), or notices of to charge and collect, pursuant to AGENDA: Commissioners will hold a intent to file competing applications: 60 section 4 of the NGA, the New Spruce closed session discussion regarding a days from the issuance of this notice. Hill Gas Quality Control Surcharge for personnel matter on the appointment of Competing applications and notices of services to be rendered via the Project; an EAC general counsel. intent must meet the requirements of 18 (3) acceptance of certain potential non- CFR 4.36. Comments, motions to conforming contract provisions * View EAC Regulations intervene, notices of intent, and contained in the executed Firm Implementing Government in the competing applications may be filed Transportation Service Agreements Sunshine Act. This meeting will be electronically via the Internet. See 18 (FTSA) for the Project; and (4) closed to the public. CFR 385.2001(a)(1)(iii) and the exemption, for one of the FTSAs, from PERSON TO CONTACT FOR INFORMATION: instructions on the Commission’s Web the collection of Fuel Gas. The proposed Bryan Whitener, Telephone: (202) 566– site. http://www.ferc.gov/docs-filing/ facilities will be constructed adjacent to 3100. efiling.asp. Commenters can submit CIG’s existing Spruce Hill Meter Station. brief comments up to 6,000 characters, CIG estimates the cost of the facilities Alice Miller, without prior registration, using the will be $15,900,000, all as more fully set Chief Operating Officer, U.S. Election eComment system at http:// forth in the application, which is on file Assistance Commission. www.ferc.gov/docs-filing/ with the Commission and open to [FR Doc. 2010–21713 Filed 8–26–10; 4:15 pm] ecomment.asp. You must include your public inspection. The filing may also name and contact information at the end be viewed on the Web at http:// BILLING CODE 6820–KF–P of your comments. For assistance, www.ferc.gov using the ‘‘eLibrary’’ link. please contact FERC Online Support. Enter the docket number excluding the Although the Commission strongly last three digits in the docket number

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field to access the document. For However, a person does not have to Comment Date: September 13, 2010. assistance, contact FERC at intervene in order to have comments Kimberly D. Bose, [email protected] or call considered. The second way to Secretary. toll-free, (866) 208–3676 or TTY, (202) participate is by filing with the 502–8659. Secretary of the Commission, as soon as [FR Doc. 2010–21467 Filed 8–27–10; 8:45 am] Any questions regarding the possible, an original and two copies of BILLING CODE 6717–01–P application should be directed to Ms. comments in support of or in opposition Susan C. Stires, Director, Regulatory to this project. The Commission will Affairs, Colorado Interstate Gas DEPARTMENT OF ENERGY consider these comments in Company, P.O. Box 1087, Colorado determining the appropriate action to be Springs, Colorado, 80944 at (719) 667– Federal Energy Regulatory 7514 or by fax at (719) 520–4697. or Mr. taken, but the filing of a comment alone Commission Craig V. Richardson, Vice President and will not serve to make the filer a party [Project No. 13721–000] General Counsel, Colorado Interstate to the proceeding. The Commission’s Gas Company; P.O. Box 1087, Colorado rules require that persons filing Energy Exchange, Inc.; Notice of Springs, Colorado, 80944 at (719) 520– comments in opposition to the project Preliminary Permit Application 4370 or by fax at (719) 520–4898. provide copies of their protests only to Accepted for Filing and Soliciting Pursuant to section 157.9 of the the party or parties directly involved in Comments, Motions to Intervene, and Commission’s rules, 18 CFR 157.9, the protest. Competing Applications within 90 days of this Notice the Persons who wish to comment only Commission staff will either: Complete August 23, 2010. on the environmental review of this On May 5, 2010, and amended on July its environmental assessment (EA) and project should submit an original and place it into the Commission’s public 19, 2010, Energy Exchange, Inc. filed an two copies of their comments to the record (eLibrary) for this proceeding; or application, pursuant to section 4(f) of Secretary of the Commission. issue a Notice of Schedule for the Federal Power Act (FPA), proposing Environmental Review. If a Notice of Environmental commentors will be to study the feasibility of the Geren Schedule for Environmental Review is placed on the Commission’s Island Hydroelectric Project (Geren issued, it will indicate, among other environmental mailing list, will receive Island Project). The Geren Island Project milestones, the anticipated date for the copies of the environmental documents, would be located within the city of Commission staff’s issuance of the final and will be notified of meetings Salem, Marion County, Oregon. environmental impact statement (FEIS) associated with the Commission’s The Geren Island Project would or EA for this proposal. The filing of the environmental review process. consist of: (1) The city of Salem’s EA in the Commission’s public record Environmental commentors will not be existing water delivery system for this proceeding or the issuance of a required to serve copies of filed consisting of two reservoirs (Frazen and Notice of Schedule for Environmental documents on all other parties. Fairmont) and two existing, 36- and 54- Review will serve to notify federal and However, the non-party commentors inch diameter steel pipelines; (2) three state agencies of the timing for the will not receive copies of all documents proposed powerhouses, each to contain completion of all necessary reviews, and filed by other parties or issued by the a 0.37-megawatt-(MW) turbine- the subsequent need to complete all Commission (except for the mailing of generating unit, with a total capacity of 1.11 MW, and (3) a new three-phase federal authorizations within 90 days of environmental documents issued by the transmission line (voltage to be the date of issuance of the Commission Commission) and will not have the right determined) to connect with the nearest staff’s FEIS or EA. to seek court review of the There are two ways to become tie-in point of a local power company Commission’s final order. involved in the Commission’s review of grid system. The project would produce this project. First, any person wishing to The Commission strongly encourages an estimated average annual generation obtain legal status by becoming a party electronic filings of comments, protests of about 8,000 megawatt-hours. to the proceedings for this project and interventions in lieu of paper using Applicant Contact: Duane Pratt, should, on or before the comment date the ‘‘eFiling’’ link at http://www.ferc.gov. Energy Exchange, Inc., 2711 Centerville stated below, file with the Federal Persons unable to file electronically Rd., Suite 120—PMB 7023, Wilmington, Energy Regulatory Commission, 888 should submit an original and 14 copies DE 19808; phone (208) 371–1285. First Street, NE., Washington, DC 20426, of the protest or intervention to the FERC Contact: Patrick Murphy (202) a motion to intervene in accordance Federal Energy Regulatory Commission, 502–8755. with the requirements of the 888 First Street, NE., Washington, DC Deadline for filing comments, motions Commission’s Rules of Practice and 20426. to intervene, competing applications Procedure (18 CFR 385.214 or 385.211) (without notices of intent), or notices of and the Regulations under the NGA (18 This filing is accessible on-line at intent to file competing applications: 60 CFR 157.10). A person obtaining party http://www.ferc.gov, using the days from the issuance of this notice. status will be placed on the service list ‘‘eLibrary’’ link and is available for Competing applications and notices of maintained by the Secretary of the review in the Commission’s Public intent must meet the requirements of 18 Commission and will receive copies of Reference Room in Washington, DC. CFR 4.36. Comments, motions to all documents filed by the applicant and There is an ‘‘eSubscription’’ link on the intervene, notices of intent, and by all other parties. A party must submit Web site that enables subscribers to competing applications may be filed original plus seven copies of any filings receive e-mail notification when a electronically via the Internet. See 18 made with the Commission and must document is added to a subscribed CFR 385.2001(a)(1)(iii) and the mail a copy to the applicant and to docket(s). For assistance with any FERC instructions on the Commission’s Web every other party in the proceeding. Online service, please e-mail site. http://www.ferc.gov/docs-filing/ Only parties to the proceeding can ask [email protected], or call efiling.asp. Commenters can submit for court review of Commission orders (866) 208–3676 (toll free). For TTY, call brief comments up to 6,000 characters, in the proceeding. (202) 502–8659. without prior registration, using the

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eComment system at document. For assistance, please contact Commission’s Rules of Practice and http://www.ferc.gov/docs-filing/ FERC Online Support at Procedure (18 CFR 385.214 or 385.211) ecomment.asp. You must include your [email protected] or toll and the Regulations under the NGA (18 name and contact information at the end free at (866) 208–3676, or TTY, contact CFR 157.10). A person obtaining party of your comments. For assistance, (202) 502–8659. status will be placed on the service list please contact FERC Online Support. Turtle Bayou’s new storage project maintained by the Secretary of the Although the Commission strongly has been designed to provide Commission and will receive copies of encourages electronic filing, documents approximately 12 billion cubic feet (Bcf) all documents filed by the applicant and may also be paper-filed. To paper-file, of working gas capacity with a by all other parties. A party must submit mail an original and seven copies to: maximum injection rate of up to 300 seven copies of filings made with the Kimberly D. Bose, Secretary, Federal million cubic feet per day (MMcf/d) and Commission and must mail a copy to Energy Regulatory Commission, 888 a maximum withdrawal rate of 600 the applicant and to every other party in First Street, NE., Washington, DC 20426. MMcf/d. Additionally, Turtle Bayou the proceeding. Only parties to the More information about this project, intends to construct a total of 13.1 miles proceeding can ask for court review of including a copy of the application, can of 24-inch diameter pipeline to deliver Commission orders in the proceeding. be viewed or printed on the ‘‘eLibrary’’ the natural gas to Natural Gas Pipeline However, a person does not have to link of Commission’s Web site at http:// Company of America and Texas Eastern intervene in order to have comments www.ferc.gov/docs-filing/elibrary.asp. Transmission, LP, as well as three considered. The second way to Enter the docket number (P–13721–000) reciprocating units to produce a total of participate is by filing with the in the docket number field to access the 16,470 horsepower, leaching facilities, Secretary of the Commission, as soon as document. For assistance, contact FERC water supply wells, brine disposal possible, an original and two copies of Online Support. wells, and two meter stations. comments in support of or in opposition Any questions concerning this to this project. The Commission will Kimberly D. Bose, application may be directed to Jim consider these comments in Secretary. Lindsay, Turtle Bayou Gas Storage determining the appropriate action to be [FR Doc. 2010–21471 Filed 8–27–10; 8:45 am] Company, LLC, One Office Park Circle, taken, but the filing of a comment alone BILLING CODE 6717–01–P Suite 300, Birmingham, Alabama 35223, will not serve to make the filer a party at (877) 558–4521 or to the proceeding. The Commission’s [email protected]; or Amy L. Baird, rules require that persons filing DEPARTMENT OF ENERGY Jackson Walker L.L.P., 1401 McKinney comments in opposition to the project Street, Suite 1900, Houston, Texas provide copies of their protests only to Federal Energy Regulatory 77010, at (713) 752–4525 or the party or parties directly involved in Commission [email protected]. the protest. [Docket Nos. CP10–481–000; PF09–14–000] Pursuant to section 157.9 of the Persons who wish to comment only Commission’s rules, 18 CFR 157.9, on the environmental review of this Turtle Bayou Gas Storage Company, within 90 days of this Notice the project should submit an original and LLC; Notice of Application Commission staff will either: Complete two copies of their comments to the its environmental assessment (EA) and Secretary of the Commission. August 20, 2010. place it into the Commission’s public Environmental commentors will be Take notice that on August 6, 2010, record (eLibrary) for this proceeding; or placed on the Commission’s Turtle Bayou Gas Storage Company, issue a Notice of Schedule for environmental mailing list, will receive LLC (Turtle Bayou), One Office Park Environmental Review. If a Notice of copies of the environmental documents, Circle, Suite 300, Birmingham, Alabama Schedule for Environmental Review is and will be notified of meetings 35223, filed in the above referenced issued, it will indicate, among other associated with the Commission’s docket an application pursuant to milestones, the anticipated date for the environmental review process. section 7(c) of the Natural Gas Act Commission staff’s issuance of the final Environmental commentors will not be (NGA), for an order granting a certificate environmental impact statement (FEIS) required to serve copies of filed of public convenience to construct, or EA for this proposal. The filing of the documents on all other parties. own, operate, and maintain a new salt EA in the Commission’s public record However, the non-party commentors dome natural gas storage facility in two for this proceeding or the issuance of a will not receive copies of all documents caverns and related facilities to be Notice of Schedule for Environmental filed by other parties or issued by the located in Chambers and Liberty Review will serve to notify federal and Commission (except for the mailing of Counties, Texas. Turtle Bayou is state agencies of the timing for the environmental documents issued by the requesting blanket certificates under completion of all necessary reviews, and Commission) and will not have the right Part 284, Subpart G and Part 157, the subsequent need to complete all to seek court review of the Subpart F of the Commission’s federal authorizations within 90 days of Commission’s final order. regulations. Turtle Bayou also seeks for the date of issuance of the Commission The Commission strongly encourages authorization of market based rates, staff’s FEIS or EA. electronic filings of comments, protests approval of the pro forma tariff, and There are two ways to become and interventions in lieu of paper using waivers of some of the Commission’s involved in the Commission’s review of the ‘‘eFiling’’ link at http://www.ferc.gov. regulations, all as more fully set forth in this project. First, any person wishing to Persons unable to file electronically the application which is on file with the obtain legal status by becoming a party should submit an original and seven Commission and open to public to the proceedings for this project copies of the protest or intervention to inspection. should, on or before the comment date the Federal Energy Regulatory The filing may also be viewed on the stated below, file with the Federal Commission, 888 First Street, NE., Web at http://www.ferc.gov using the Energy Regulatory Commission, 888 Washington, DC 20426. ‘‘eLibrary’’ link. Enter the docket number First Street, NE., Washington, DC 20426, This filing is accessible on-line at excluding the last three digits in the a motion to intervene in accordance http://www.ferc.gov, using the docket number field to access the with the requirements of the ‘‘eLibrary’’ link and is available for

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review in the Commission’s Public Web site that enables subscribers to FERC Contact: Patrick Murphy (202) Reference Room in Washington, DC. receive e-mail notification when a 502–8755. There is an ‘‘eSubscription’’ link on the document is added to a subscribed Deadline for filing comments, motions Web site that enables subscribers to docket(s). For assistance with any FERC to intervene, competing applications receive e-mail notification when a Online service, please e-mail (without notices of intent), or notices of document is added to a subscribed [email protected], or call intent to file competing applications: 60 docket(s). For assistance with any FERC (866) 208–3676 (toll free). For TTY, call days from the issuance of this notice. Online service, please e-mail (202) 502–8659. Competing applications and notices of [email protected], or call Comment Date: 5 p.m. Eastern Time intent must meet the requirements of 18 (866) 208–3676 (toll free). For TTY, call on August 30, 2010. CFR 4.36. Comments, motions to (202) 502–8659. intervene, notices of intent, and Kimberly D. Bose, Comment Date: September 10, 2010. competing applications may be filed Secretary. electronically via the Internet. See 18 Kimberly D. Bose, [FR Doc. 2010–21469 Filed 8–27–10; 8:45 am] CFR 385.2001(a)(1)(iii) and the Secretary. BILLING CODE 6717–01–P instructions on the Commission’s Web [FR Doc. 2010–21465 Filed 8–27–10; 8:45 am] site. http://www.ferc.gov/docs-filing/ BILLING CODE 6717–01–P efiling.asp. Commenters can submit DEPARTMENT OF ENERGY brief comments up to 6,000 characters, without prior registration, using the DEPARTMENT OF ENERGY Federal Energy Regulatory Commission eComment system at http:// Federal Energy Regulatory www.ferc.gov/docs-filing/ [Project No. 13720–000] Commission ecomment.asp. You must include your name and contact information at the end [Docket No. ER10–1810–001] Energy Exchange, Inc.; Notice of of your comments. For assistance, Preliminary Permit Application please contact FERC Online Support. E. I. du Pont de Nemours and Accepted for Filing and Soliciting Although the Commission strongly Company; Notice of Filing Comments, Motions To Intervene, and encourages electronic filing, documents Competing Applications August 20, 2010. may also be paper-filed. To paper-file, Take notice that on August 20, 2010, August 23, 2010. mail an original and seven copies to: E. I. du Pont de Nemours and Company, On May 5, 2010, and amended on July Kimberly D. Bose, Secretary, Federal filed clarification and an amendment to 19, 2010, Energy Exchange, Inc. filed an Energy Regulatory Commission, 888 its July 19, 2010 petition for market- application, pursuant to section 4(f) of First Street, NE., Washington, DC 20426. based rate authorization and request for the Federal Power Act (FPA), proposing More information about this project, waivers and blanket authorizations. to study the feasibility of the Bear Creek including a copy of the application, can Any person desiring to intervene or to Hydroelectric Project (Bear Creek be viewed or printed on the ‘‘eLibrary’’ protest this filing must file in Project). The Bear Creek Project would link of Commission’s Web site at http: accordance with Rules 211 and 214 of be located at Bear Creek Dam Municipal //www.ferc.gov/docs-filing/elibrary.asp. the Commission’s Rules of Practice and Water System within the city of Astoria, Enter the docket number (P–13720–000) Procedure (18 CFR 385.211, 385.214). Clatsop County, Oregon. The sole in the docket number field to access the Protests will be considered by the purpose of a preliminary permit, if document. For assistance, contact FERC Commission in determining the issued, is to grant the permit holder Online Support. appropriate action to be taken, but will priority to file a license application Kimberly D. Bose, not serve to make protestants parties to during the permit term. A preliminary Secretary. the proceeding. Any person wishing to permit does not authorize the permit [FR Doc. 2010–21470 Filed 8–27–10; 8:45 am] become a party must file a notice of holder to perform any land-disturbing BILLING CODE 6717–01–P intervention or motion to intervene, as activities or otherwise enter upon lands appropriate. Such notices, motions, or or waters owned by others without the protests must be filed on or before the owners’ express permission. DEPARTMENT OF ENERGY comment date. Anyone filing a motion The Bear Creek Project would consist to intervene or protest must serve a copy of: (1) The existing Bear Creek reservoir Federal Energy Regulatory of that document on the Applicant and and two other reservoirs (known as # 2 Commission all the parties in this proceeding. and # 3); (2) the existing 21-inch [Docket No. CP10–484–000] The Commission encourages diameter steel pipes; (3) two new electronic submission of protests and powerhouses to be located at reservoir ANR Pipeline Company; Notice of interventions in lieu of paper using the # 2 and reservoir # 3; (4) one 125- Request Under Blanket Authorization ‘‘eFiling’’ link at http://www.ferc.gov. kilowatt (kw) turbine/generating unit, to Persons unable to file electronically be installed in each powerhouse; and (5) August 20, 2010. should submit an original and 14 copies a new three-phase transmission line Take notice that on August 12, 2010, of the protest or intervention to the (voltage to be determined) to connect ANR Pipeline Company (ANR), 717 Federal Energy Regulatory Commission, with the nearest tie-in point on a local Texas Street, Houston, Texas 77002– 888 First Street, NE., Washington, DC electric grid system. The project would 2761, filed in Docket No. CP10–484–000 20426. produce an estimated average annual an application, pursuant to sections This filing is accessible on-line at generation of about 1,700 megawatt- 157.205 and 157.216(b) of the http://www.ferc.gov, using the hours. Commission’s Regulations under the ‘‘eLibrary’’ link and is available for Applicant Contact: Duane Pratt, Natural Gas Act (NGA), as amended, for review in the Commission’s Public Energy Exchange, Inc., 2711 Centerville permission and approval to abandon by Reference Room in Washington, DC. Rd., Suite 120—PMB 7023, Wilmington, sale certain natural gas facilities located There is an ‘‘eSubscription’’ link on the DE 19808; phone (208) 371–1285. between Eugene Island Blocks 307 and

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305, offshore Louisiana, to Dynamic automatic or prior notice authority of Any person or the Commission’s staff Offshore Resources NS, LLC (Dynamic), this section to abandon facilities by sale may, within 60 days after issuance of a natural gas producer, under ANR’s to a third party does not address the the instant notice by the Commission, blanket certificate issued in Docket No. jurisdictional status of the facilities after file pursuant to Rule 214 of the CP82–480–000,1 all as more fully set the effective date of abandonment. The Commission’s Procedural Rules (18 CFR forth in the application which is on file acquiring party is still responsible for 385.214) a motion to intervene or notice with the Commission and open to the seeking a determination, if one is of intervention and pursuant to Section public for inspection. desired, on the jurisdictional status of 157.205 of the regulations under the ANR proposes to abandon by sale 3 the facilities.’’ NGA (18 CFR 157.205), a protest to the approximately its Line 607 2 (4.41 miles Any questions concerning this request. If no protest is filed within the of 16-inch diameter pipeline) and application may be directed to Rene appurtenances, located in Eugene Island Staeb, Manager, Project Determinations time allowed therefor, the proposed Blocks 307, 306, and 305 to Dynamic, & Regulatory Administration, ANR activity shall be deemed to be pursuant to their June 10, 2010, Pipeline Pipeline Company, 717 Texas Street, authorized effective the day after the Repair and Purchase and Sale Houston, Texas 77002, or via telephone time allowed for filing a protest. If a Agreement. ANR states that it would at (832) 320–5215, facsimile (832) 320– protest is filed and not withdrawn cost an estimated $25,186,000 to 6215, or e-mail within 30 days after the allowed time replicate the Line 607 facilities today [email protected]. for filing a protest, the instant request and that no construction or removal of This filing is available for review at shall be treated as an application for facilities would be required in this the Commission or may be viewed on authorization pursuant to Section 7 of proposal. the Commission’s Web site at http:// the NGA. ANR further states that upon www.ferc.gov, using the ‘‘eLibrary’’ link. abandonment of the Line 607 facilities, Enter the docket number excluding the Kimberly D. Bose, Dynamic intends to operate the facilities last three digits in the docket number Secretary. as non-jurisdictional facilities and ANR filed to access the document. For [FR Doc. 2010–21466 Filed 8–27–10; 8:45 am] further requests that the Commission assistance, please contact FERC Online BILLING CODE 6717–01–P consider the Line 607 Facilities to be Support at FERC non-jurisdictional gathering not subject [email protected] or call toll-free to jurisdiction under Section 1(b) of the at (866) 206–3676, or, for TTY, contact DEPARTMENT OF ENERGY Natural Gas Act. However, this specific (202) 502–8659. Comments, protests and jurisdictional status request is beyond interventions may be filed electronically Federal Energy Regulatory the scope of requests eligible for via the Internet in lieu of paper. See 18 Commission consideration under a blanket certificate CFR 385.2001(a)(1)(iii) and the and the prior notice process. As instructions on the Commission’s Web Supplemental Notice Regarding Staff discussed in Commission Order No. site under the ‘‘e-Filing’’ link. The Technical Conference 603–A, the Commission stated that Commission strongly encourages ‘‘* * * we clarify that using either the intervenors to file electronically. August 20, 2010.

California Independent System Operator Corporation ...... Docket Nos. ER10–1401–000, ER10–2191–000. Green Energy Express LLC ...... Docket No. EL10–76–000 21st Century Transmission Holdings, LLC. Southern California Edison Company ...... Docket Nos. ER10–732–000, ER10–732–001. Southern California Edison Company ...... Docket Nos. EL10–1–000, EL10–1–001, EL10–1–002. Southern California Edison Company ...... Docket Nos. ER10–796–000, ER10–796–001.

1 20 FERC ¶ 62,595 (1982). granted in Docket No. CP77–386–000 [59 FPC 2164 3 See Revision of Existing Regulations Under the 2 ANR constructed the Line 607 facilities, which (1977)]. Natural Gas Act, Order No. 603–A, FERC Stats. & connect to ANR’s Line 606, under authorization Regs. ¶ 31,081, at 30,936 (1999).

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By order dated July 26, 2010, in or (202) 502–8447, or Katie Detweiler at CAMD (6204J), 1200 Pennsylvania Ave., Docket No. ER10–1401–000, the Federal [email protected] or (202) 502– NW., Washington, DC 20460, telephone Energy Regulatory Commission 6424. (202) 343–9077, and e-mail (Commission) directed staff to convene [email protected]. a technical conference regarding Kimberly D. Bose, SUPPLEMENTARY INFORMATION: For more California Independent System Operator Secretary. background and information regarding Corporation’s (CAISO) proposed [FR Doc. 2010–21468 Filed 8–27–10; 8:45 am] the purpose of the NODA, requirements Revised Transmission Planning Process BILLING CODE 6717–01–P (RTPP).1 for requesting and receiving CAIRNOX Pursuant to notices issued on August new unit set-aside allowances under the 3, 2010 and August 19, 2010, such ENVIRONMENTAL PROTECTION CAIR FIPs, procedures for allocating conference will be held on August 24, AGENCY such allowances, application of 2010 at the Commission’s headquarters requirements to individual CAIRNOX [FRL–9194–6] at 888 First Street, Washington, DC new unit set-aside allocation requests, and interpretation of the data upon 20426, beginning at 9 a.m. (EDT) in the Final Notice of Data Availability Commission Meeting Room. The which the CAIRNOX new unit set-aside Concerning 2010 CAIR NOX Annual technical conference will be led by allocations for 2010 and denials of Trading Program New Unit Set-Aside allocations were based, see the June 29, Commission staff. Commissioners may Allowance Allocations Under the Clean attend the conference. 2010 NODA (75 Fed. Reg. 37433, June Air Interstate Rule Federal 29, 2010). We emphasize that the purpose of the Implementation Plan technical conference is to discuss the EPA received no objections to the issues raised by CAISO’s proposed AGENCY: Environmental Protection determinations and data in the June 29, revisions to its Open Access Agency (EPA). 2010 NODA. Therefore, EPA adopts the Transmission Tariff (Tariff) to ACTION: Notice of data availability CAIRNOX new unit set-aside allocations implement its RTPP in Docket No. (NODA). set forth in the June 29, 2010 NODA. ER10–1401–000 and obtain additional EPA is not requesting objections to information regarding CAISO’s SUMMARY: EPA is administering—under the data provided in this final NODA. proposal. However, because CAISO’s the Clean Air Interstate Rule (CAIR) This action constitutes a final action for RTPP filing presents issues that may be Federal Implementation Plans (FIPs)— determining the CAIRNOX new unit set- tangentially related to the proceedings the CAIR NOX Annual Trading Program aside allowance allocations under in Docket Nos. ER10–732–000 and (CAIRNOX) new unit set-aside § 97.142 and the CAIR FIPs for 2010. ER10–732–001; Docket Nos. EL10–1– allowance pools for Delaware and the Dated: August 20, 2010. District of Columbia. The CAIRNOX 000, EL10–1–001 and EL10–1–002; and Drusilla Hufford, Docket Nos. ER10–796–000 and ER10– FIPs require the Administrator to determine each year by order the Acting Director, Office of Atmospheric 796–001, in an abundance of caution, Programs. we hereby notify parties that the allowance allocations from the new unit [FR Doc. 2010–21547 Filed 8–27–10; 8:45 am] technical conference discussion may set-aside for units in these jurisdictions touch upon issues pending in these whose owners and operators requested BILLING CODE 6560–50–P proceedings. these allocations and to provide the A free Webcast of this event is public with the opportunity to object to ENVIRONMENTAL PROTECTION available through http://www.ferc.gov. the allocation determinations. On June AGENCY Anyone with Internet access who 29, 2010, EPA issued a NODA setting desires to view this event can do so by forth such determinations for 2010 in navigating to http://www.ferc.gov’s the Federal Register and provided an [FRL–9194–8] Calendar of Events and locating this opportunity for submission of Science Advisory Board Staff Office; event in the calendar. The event will objections. Through the NODA issued Notification of a Public Meeting of the contain a link to its Webcast. The today, EPA is making available to the Chartered Science Advisory Board Capitol Connection provides technical public the Agency’s determinations, support for the free Webcasts. It also after considering all objections, of AGENCY: Environmental Protection offers access to this event via television CAIRNOX allowance allocations and Agency (EPA). in the DC area and via phone bridge for denials of such allocations for 2010 ACTION: Notice. a fee. If you have any questions, visit under the FIPs, as well as the data upon http://www.CapitolConnection.org or which the allocations and denials of SUMMARY: The Environmental Protection call (703) 993–3100. allocations were based. Agency (EPA) Science Advisory Board FERC conferences are accessible DATES: Under § 97.153(e), EPA must (SAB) Staff Office announces a public under section 508 of the Rehabilitation record, by December 1, 2010, the meeting of the Chartered SAB to receive Act of 1973. For accessibility CAIRNOX new unit set-aside allowance briefings from EPA and EPA Federal accommodations please send an e-mail allocations, consistent with this NODA, advisory committee representatives and to [email protected] or call toll free in the compliance accounts of units to continue the SAB’s discussions with 1–866–208–3372 (voice) or 202–208– whose owners and operators EPA’s Office of Research and 8659 (TTY), or send a fax to 202–208– successfully applied for a CAIRNOX Development (ORD) concerning EPA’s 2106 with the required new unit set-aside allowance allocation strategic research directions. The SAB accommodations. under the CAIR FIPs. See 40 CFR will also quality review one draft report. For more information on this 97.153(e). conference, please contact Robert DATES: The public meeting will be held Petrocelli at [email protected] FOR FURTHER INFORMATION CONTACT: on Tuesday, September 21, 2010 from Questions concerning this action should 1:30 p.m. to 5:30 p.m. (Eastern Time) 1 Cal. Indep. Sys. Operator Corp., 132 FERC ¶ be addressed to Robert L. Miller, U.S. and Wednesday, September 22, 2010 61,067 (2010). Environmental Protection Agency, from 9 a.m. to 2:30 p.m. (Eastern Time).

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ADDRESSES: The meeting will be held at the Administrator concerning SUMMARY: Under the Federal Advisory the Doubletree Hotel, 1515 Rhode Island nominations for the Agency’s Fiscal Committee Act, Public Law 92463, EPA Avenue, NW., Washington, DC. Year 2010 Scientific and Technological gives notice of a public meeting of the FOR FURTHER INFORMATION CONTACT: Any Achievement Awards. National Advisory Council for member of the public who wants further Availability of Meeting Materials: A Environmental Policy and Technology information concerning the meeting meeting agenda and other materials for (NACEPT). NACEPT provides advice to may contact Dr. Angela Nugent, the meeting will be placed on the SAB the EPA Administrator on a broad range Designated Federal Officer (DFO), EPA Web site at http://epa.gov/sab. of environmental policy, technology, Science Advisory Board (1400R), U.S. Procedures for Providing Public Input: and management issues. NACEPT Environmental Protection Agency, 1200 Interested members of the public may represents diverse interests from Pennsylvania Avenue, NW., submit relevant written or oral academia, industry, non-governmental Washington, DC 20460; via telephone/ information for consideration on the organizations, and local, State, and voice mail (202) 564–2218, fax (202) topics included in this advisory activity. tribal governments. The Council will 202–565–2098; or e-mail at Oral Statements: To be placed on the continue discussing the workplans it is [email protected]. General public speaker list for the September developing to respond to EPA’s request information concerning the SAB can be 21–22, 2010 meeting, interested parties for advice on workforce issues the found on the EPA Web site at http:// should notify Dr. Angela Nugent, DFO, Agency is facing and how EPA can best www.epa.gov/sab. by e-mail no later than September 14, address the needs of vulnerable SUPPLEMENTARY INFORMATION: 2010. Individuals making oral populations. A copy of the agenda for Background: Pursuant to the Federal statements will be limited to five the meeting will be posted at http:// Advisory Committee Act, 5 U.S.C., App. minutes per speaker. Written www.epa.gov/ocem/nacept/cal- 2 (FACA), notice is hereby given that Statements: Written statements for the nacept.htm. the EPA Science Advisory Board will September 21–22, 2010 meeting should DATES: NACEPT will hold a public hold a public meeting to receive be received in the SAB Staff Office by than September 14, 2010, so that the meeting on Monday, September 27, briefings on Agency and Federal 2010 from 9 a.m. to 5:30 p.m. and advisory committee science activities information may be made available to the SAB for its consideration prior to Tuesday, September 28, 2010 from 8:30 and continue the SAB’s discussions a.m. to 2 p.m. Eastern Daylight Time. with EPA’s Office of Research and this meeting. Written statements should Development (ORD) concerning ORD’s be supplied to the DFO in the following ADDRESSES: The meeting will be held in strategic research directions. The SAB formats: One hard copy with original the Madison, Loews Hotel, 1177 15th was established pursuant to 42 U.S.C. signature and one electronic copy via Street, NW., Washington, DC 20005. 4365 to provide independent scientific e-mail (acceptable file format: Adobe FOR FURTHER INFORMATION CONTACT: and technical advice to the Acrobat PDF, MS Word, WordPerfect, MS PowerPoint, or Rich Text files in Nancy New, Acting Designated Federal Administrator on the technical basis for Officer, [email protected], (202) 564– Agency positions and regulations. The IBM–PC/Windows 98/2000/XP format). Submitters are asked to provide 0464, U.S. EPA, Office of Federal SAB will comply with the provisions of Advisory Committee Management and FACA and all appropriate SAB Staff electronic versions of each document submitted with and without signatures, Outreach (1601M), 1200 Pennsylvania Office procedural policies. Avenue, NW., Washington, DC 20460. The chartered SAB is holding this because the SAB Staff Office does not meeting to receive briefings from: (a) publish documents with signatures on SUPPLEMENTARY INFORMATION: Requests Liaison members who chair other its Web sites. to make oral comments or to provide Federal advisory committees that Accessibility: For information on written comments to NACEPT should be address priority Agency science access or services for individuals with sent to Nancy New at (202) 564–0464 or activities and (b) Agency representatives disabilities, please contact Dr. Nugent at [email protected] by Tuesday, on EPA’s Gulf Oil Spill science the phone number or e-mail address September 21, 2010. The public is activities. In addition, EPA’s Office of noted above, preferably at least ten days welcome to attend all portions of the Research and Development (ORD) had prior to the meeting, to give EPA as meeting, but seating is limited and is requested SAB advice on strategic much time as possible to process your allocated on a first-come, first-serve research directions over the next five request. basis. Members of the public wishing to years to support EPA’s mission and Dated: August 24, 2010. attend should contact Nancy New at priorities. The chartered SAB initiated Anthony F. Maciorowski, (202) 564–0464 or [email protected] discussions on November 9–10, 2009 Deputy Director, EPA Science Advisory Board by September 21, 2010. (74 FR 52805–52806) and April 5–6, Staff Office. Meeting Access: For information on 2010 (75 FR 11883–11884) and provided [FR Doc. 2010–21546 Filed 8–27–10; 8:45 am] access or services for individuals with an interim report on this topic, ‘‘Office BILLING CODE 6560–50–P disabilities, please contact Nancy New of Research and Development Strategic at (202) 564–0464 or Research Directions and Integrated [email protected]. To request Transdisciplinary Research’’ (EPA– ENVIRONMENTAL PROTECTION accommodation of a disability, please SAB–10–010), available on the SAB AGENCY contact Nancy New, preferably 10 days Web site at http://yosemite.epa.gov/sab/ prior to the meeting, to give EPA as sabproduct.nsf/E989ECFC12596642 [FRL–9194–5] much time as possible to process your 8525775B0047BE1A/$File/EPA-SAB-10- request. 010-unsigned.pdf. The SAB will National Advisory Council for continue its discussion with ORD about Environmental Policy and Technology Dated: August 16, 2010. Nancy New, how to develop additional advice for AGENCY: Environmental Protection EPA on this advisory topic. The SAB Agency (EPA). Acting Designated Federal Officer. will also conduct a quality review of a [FR Doc. 2010–21549 Filed 8–27–10; 8:45 am] ACTION: Notice of meeting. draft report making recommendations to BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION this notice, EPA will receive written Act (PRA) of 1995, 44 U.S.C. 3501 – AGENCY comments relating to the settlements. 3520. Comments are requested EPA will consider all comments concerning: (a) whether the proposed [FRL–9194–7] received and may modify or withdraw collection of information is necessary Two Proposed CERCLA Section 122(g) its consent to one or both of the for the proper performance of the Administrative Agreements for De settlements if comments received functions of the Commission, including Minimis Settlements for the Mercury disclose facts or considerations that whether the information shall have Refining Superfund Site, Towns of indicate that one or both of the practical utility; (b) the accuracy of the Guilderland and Colonie, Albany proposed settlements are inappropriate, Commission’s burden estimate; (c) ways County, NY improper, or inadequate. EPA’s to enhance the quality, utility, and response to any comments received will clarity of the information collected; (d) AGENCY: Environmental Protection be available for public inspection at ways to minimize the burden of the Agency. EPA Region II, 290 Broadway, New collection of information on the ACTION: Notice; request for public York, New York 10007–1866. respondents, including the use of comment. DATES: Comments must be submitted on automated collection techniques or or before September 29, 2010. other forms of information technology, SUMMARY: In accordance with Section and (e) ways to further reduce the 122(i) of the Comprehensive ADDRESSES: The proposed settlement is information collection burden for small Environmental Response, available for public inspection at EPA business concerns with fewer than 25 Compensation, and Liability Act of Region II offices at 290 Broadway, New employees. 1980, as amended (‘‘CERCLA’’), 42 York, New York 10007–1866. Comments The FCC may not conduct or sponsor U.S.C. 9622(i), notice is hereby given by on the MTA-Tyson settlement should a collection of information unless it the U.S. Environmental Protection reference the Mercury Refining displays a currently valid control Agency (‘‘EPA’’), Region II, of two Superfund Site, Index No. CERCLA–02– number. No person shall be subject to proposed de minimis administrative 2010–2002. Comments on the MG- any penalty for failing to comply with agreements pursuant to Section 122(g) OxyChem settlement should reference a collection of information subject to the of CERCLA, 42 U.S.C. 9622(g). One the Mercury Refining Superfund Site, Paperwork Reduction Act (PRA) that settlement is between EPA and the Index No. CERCLA–02–2010–2013. To Metropolitan Transportation Authority- request a copy of either settlement does not display a currently valid OMB New York City Transit Authority agreement, please contact Sharon E. control number. (‘‘MTA–NYCTA’’) and Tyson Foods, Inc. Kivowitz at the address identified DATES: Written Paperwork Reduction (‘‘Tyson’’), hereinafter referred to as the below. All comments should be Act (PRA) comments should be ‘‘MTA-Tyson Settlement.’’ The second submitted to Sharon E. Kivowitz at the submitted on or before October 29, settlement is between EPA and MG address identified below. 2010. If you anticipate that you will be Automation and Controls Corporation FOR FURTHER INFORMATION CONTACT: submitting PRA comments, but find it (‘‘MG’’) and Occidental Chemical Sharon E. Kivowitz, Assistant Regional difficult to do so within the period of Corporation (‘‘OxyChem’’), hereinafter Counsel, New York/Caribbean time allowed by this notice, you should referred to as the ‘‘MG-OxyChem Superfund Branch, Office of Regional advise the FCC contact listed below as Settlement.’’ Both settlements pertain to Counsel, U.S. Environmental Protection soon as possible. the Mercury Refining Superfund Site Agency, 17th Floor, 290 Broadway, New ADDRESSES: Direct all PRA comments to (‘‘Site’’) located in the Towns of York, New York 10007–1866. Nicholas A. Fraser, Office of Guilderland and Colonie, Albany Telephone: 212–637–3183. E-mail: Management and Budget, via fax at 202– County, New York. The MTA-Tyson [email protected]. 395–5167 or via email to _ _ Settlement requires that MTA–NYCTA Dated: August 18, 2010. Nicholas A. [email protected] and pay $67,844.54, and that Tyson pay Walter Mugdan, to the Federal Communications $32,684.84. The MG-OxyChem Director, Emergency and Remedial Response Commission via email to [email protected] Settlement requires MG to pay Division, EPA, Region 2. and [email protected]. $39,946.45 and OxyChem to pay [FR Doc. 2010–21548 Filed 8–27–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: $20,741.84. All payments will be paid to BILLING CODE 6560–50–P Cathy Williams on (202) 418–2918. the EPA Hazardous Substance SUPPLEMENTARY INFORMATION: Superfund Mercury Refining Superfund OMB Approval Number: 3060–0216. Site Special Account. Each settling Title: Section 73.3538, Application to party’s individual settlement amount is FEDERAL COMMUNICATIONS COMMISSION Make Changes in an Existing Station; considered to be that party’s fair share Section 73.1690(e), Modification of of cleanup costs incurred and Notice of Public Information Transmission Systems. anticipated to be incurred in the future, Collection(s) Being Reviewed by the Form Number: N/A. plus a ‘‘premium’’ that accounts for, Federal Communications Commission Type of Review: Extension of a among other things, uncertainties for Extension Under Delegated currently approved collection. associated with the costs of that future Authority, Comments Requested Respondents: Business or other for– work at the Site. Each settlement profit entities, Not–for–profit includes a covenant not to sue pursuant August 24, 2010. institutions. to Sections 106 and 107 of CERCLA, 42 SUMMARY: The Federal Communications Number of Respondents and U.S.C. 9606 and 9607, relating to the Commission, as part of its continuing Responses: 650 respondents and 650 Site, subject to limited reservations, and effort to reduce paperwork burden responses. protection from contribution actions or invites the general public and other Estimated Hours per Response: 0.50 – claims as provided by Sections 113(f)(2) Federal agencies to take this 3 hours and 122(g)(5) of CERCLA, 42 U.S.C. opportunity to comment on the Frequency of Response: On occasion 9613(f)(2) and 9622(g)(5). For thirty (30) following information collection(s), as reporting requirement; Recordkeeping days following the date of publication of required by the Paperwork Reduction requirement.

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Total Annual Burden: 1,100 hours licensee’s discretion without the use of any penalty for failing to comply with Annual Burden Cost: None. a formal application. Section 74.751(d) a collection of information subject to the Obligation to Respond: Required to requires that licensees of low power TV Paperwork Reduction Act (PRA) that obtain or retain benefits. The statutory or TV translator stations place in the does not display a currently valid OMB authority for this information collection station records a certification that the control number. is contained in Sections 154(i), 303(r), installation of new or replacement DATES: Written Paperwork Reduction 308, 309(j) and 337(e) of the transmitting equipment complies in all Act (PRA) comments should be Communications Act of 1934, as respects with the technical requirements submitted on or before October 29, amended. of this section and the station 2010. If you anticipate that you will be Nature and Extent of Confidentiality: authorization. The notifications and submitting PRA comments, but find it There is no need for confidentiality with certifications of equipment changes are difficult to do so within the period of this collection of information. used by FCC staff to ensure that the time allowed by this notice, you should Privacy Impact Assessment: No equipment changes made are in full advise the FCC contact listed below as impact(s). compliance with the technical soon as possible. Needs and Uses: Section 73.3538(b)(1) requirements of this section and the ADDRESSES: Direct all PRA comments to of the Commission’s rules requires a station authorizations and will not Nicholas A. Fraser, Office of broadcast station to file an informal cause interference to other authorized Management and Budget, via fax at 202– application to modify or discontinue the stations. 395–5167 or via email to obstruction marking or lighting of an Federal Communications Commission. [email protected] and antenna supporting structure. Section 73.1690(e) of the Bulah P. Wheeler, to the Federal Communications Commission’s rules requires AM, FM Deputy Manager, Commission via email to [email protected] and TV station licensees to prepare an Office of the Secretary, and [email protected]. informal statement or diagram Office of Managing Director. FOR FURTHER INFORMATION CONTACT: Cathy Williams on (202) 418–2918. describing any electrical and [FR Doc. 2010–21386 Filed 8–27–10; 8:45 am] SUPPLEMENTARY INFORMATION: mechanical modification to authorized BILLING CODE 6712–01–S transmitting equipment that can be OMB Control Number: 3060–0316. made without prior Commission Title: 47 CFR Sections 76.1700, approval provided that equipment FEDERAL COMMUNICATIONS Records to Be Maintained Locally by performance measurements are made to COMMISSION Cable System Operators; 76.1703, ensure compliance with FCC rules. This Commercial Records on Children’s informal statement or diagram must be Notice of Public Information Programs; 76.1704, Proof–of– retained at the transmitter site as long as Collection(s) Being Reviewed by the Performance Test Data, 76.1707 Leased the equipment is in use. Federal Communications Commission, Access, 76.1711 Emergency Alert OMB Control Number: 3060–0248. Comments Requested System (EAS) Tests and Activation. Title: Section 74.751, Modification of Form Number: N/A. Transmission Systems. August 24, 2010. Type of Review: Extension of a Form Number: N/A. SUMMARY: The Federal Communications currently approved collection. Type of Review: Extension of a Commission, as part of its continuing Respondents: Business or other for– currently approved collection. effort to reduce paperwork burden profit entities. Respondents: Business or other for– invites the general public and other Number of Respondents and profit entities; Not–for–profit Federal agencies to take this Responses: 3,000 respondents and 3,000 institutions; State, Local or Tribal opportunity to comment on the responses. Government. following information collection(s), as Estimated Hours per Response: 26 Number of Respondents and required by the Paperwork Reduction hours. Responses: 400 respondents and 400 Act (PRA) of 1995, 44 U.S.C. 3501 – Frequency of Response: responses. 3520. Comments are requested Recordkeeping requirement. Estimated Time per Response: 0.50 concerning: (a) whether the proposed Total Annual Burden: 78,000 hours. hours. collection of information is necessary Total Annual Cost: None. Frequency of Response: On occasion for the proper performance of the Obligation to Respond: Required to reporting requirement; Recordkeeping functions of the Commission, including obtain or retain benefits. The statutory requirement. whether the information shall have authority for this collection of Total Annual Burden: 200 hours. practical utility; (b) the accuracy of the information is contained in Sections Total Annual Cost: None. Commission’s burden estimate; (c) ways 4(i), 303 and 308 of the Obligation to Respond: Required to to enhance the quality, utility, and Communications Act of 1934, as obtain or retain benefits. The statutory clarity of the information collected; (d) amended. authority for this collection is contained ways to minimize the burden of the Nature and Extent of Confidentiality: in Section 154(i) of the Communications collection of information on the Confidentiality is not required with this Act of 1934, as amended. respondents, including the use of collection of information. Nature and Extent of Confidentiality: automated collection techniques or Privacy Impact Assessment (s): No There is no need for confidentiality with other forms of information technology, impact(s). this collection of information. and (e) ways to further reduce the Needs and Uses: 47 CFR Section Privacy Impact Assessment: No information collection burden on small 76.1700 exempts cable television impact(s). business concerns with fewer than 25 systems having fewer than 1,000 Needs and Uses: 47 CFR 74.751(c) employees. subscribers from the public inspection requires licensees of low power TV or The FCC may not conduct or sponsor requirements contained in 47 CFR TV translator stations to send written a collection of information unless it Sections 76.1701 (political file); 76.1702 notification to the FCC of equipment displays a currently valid control (equal employment opportunity); changes which may be made at number. No person shall be subject to 76.1703 (commercial records for

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children’s programming); 76.1704 47 CFR 76.1704(b) requires the Svoboda, Esq., and Jonathan S. Berkon, (proof–of–performance test data); provisions of paragraph (a) of this Esq., of Perkins Coie, LLP. 76.1706 (signal leakage logs and repair section shall not apply to any cable Explanation and Justification and records); and 76.1715 (sponsorship television system having fewer than Final Rules on Coordinated identifications). 1,000 subscribers, subject to the Communications. The operator of every cable television requirements of § 76.601(d). Explanation and Justification and system having 1,000 or more subscribers 47 CFR 76.1707 requires that if a cable Final Rules on Federal Election but fewer than 5,000 subscribers shall, operator adopts and enforces a written Activity. upon request, provide the information policy regarding indecent leased access Management and Administrative required by §§ 76.1702 (equal programming pursuant to § 76.701, such Matters. employment opportunity); 76.1703 a policy will be considered published Individuals who plan to attend and (commercial records for children’s pursuant to that rule by inclusion of the require special assistance, such as sign programming); 76.1704 (proof–of– written policy in the operator’s public language interpretation or other performance test data); 76.1706 (signal inspection file. reasonable accommodations, should leakage logs and repair records); and 47 CFR Section 76.1711 requires that contact Shawn Woodhead Werth, 76.1715 (sponsorship identifications) records be kept of each test and Commission Secretary and Clerk, at but shall maintain for public inspection activation of the Emergency Alert (202) 694–1040, at least 72 hours prior a file containing a copy of all records System (EAS) procedures pursuant to to the hearing date. required to be kept by 47 CFR Section the requirement of 47 CFR Part 11 and PERSON TO CONTACT FOR INFORMATION: 76.1701 (political files). the EAS Operating Handbook. These Judith Ingram, Press Officer Telephone: The operator of every cable television records shall be kept for three years. (202) 694–1220. system having 5,000 or more subscribers Federal Communications Commission. Shawn Woodhead Werth, shall maintain for public inspection a Bulah P. Wheeler, Secretary and Clerk of the Commission. file containing a copy of all records Deputy Manager, [FR Doc. 2010–21408 Filed 8–27–10; 8:45 am] which are required to be kept by §§ 76.1701 (political file); 76.1702 (equal Office of the Secretary, BILLING CODE 6715–01–M employment opportunity); 76.1703 Office of Managing Director. (commercial records for children’s [FR Doc. 2010–21387 Filed 8–27–10; 8:45 am] programming); 76.1704 (proof–of– BILLING CODE 6712–01–S FEDERAL HOUSING FINANCE performance test data); 76.1706 (signal AGENCY leakage logs and repair records); and [No. 2010–N–13] 76.1715 (sponsorship identifications). FEDERAL ELECTION COMMISSION 47 CFR Section 76.1700(b) requires Privacy Act of 1974; System of that the public inspection file shall be Sunshine Act Notices Records maintained at the office which the AGENCY: Federal Election Commission. AGENCY: Federal Housing Finance system operator maintains for the Agency. ordinary collection of subscriber DATE & TIME: Tuesday, August 24, 2010, ACTION: Notice of the establishment of a charges, resolution of subscriber at 10 a.m. new system of records. complaints, and other business or at any PLACE: 999 E Street, NW., Washington, DC. accessible place in the community SUMMARY: In accordance with the served by the system unit(s) (such ass a STATUS: This meeting will be closed to requirements of the Privacy Act of 1974, public registry for documents or an the public. as amended (Privacy Act), the Federal attorney’s office). The public inspection ITEMS TO BE DISCUSSED: Housing Finance Agency (FHFA) gives file shall be available for public Compliance matters pursuant to 2 notice of a proposed Privacy Act system inspection at any time during regular U.S.C. 437g. of records to replace a system of records business hours. Audits conducted pursuant to 2 issued by FHFA’s predecessor agency, 47 CFR Section 76.1700(d) requires U.S.C. 437g, 438(b), and Title 26, U.S.C. the Office of Federal Housing Enterprise the records specified in paragraph (a) of Matters concerning participation in Oversight (OFHEO) which was this section shall be retained for the civil actions or proceedings or abolished July 30, 2009, and to fulfill period specified in §§ 76.1701, 76.1702, arbitration. FHFA’s statutory requirement to collect Internal personnel rules and 76.1704(a), and 76.1706. the records. Upon the effective date of procedures or matters affecting a 47 CFR Section 76.1703 requires that this notice, system OFHEO–07, particular employee. cable operators airing children’s ‘‘Mortgage Fraud System’’ published at programming must maintain records DATE & TIME: Thursday, August 26, 71 FR 6085 on February 6, 2006 will be sufficient to verify compliance with 47 2010, at 10 a.m. deleted. CFR Section 76.225 and make such PLACE: 999 E Street, NW., Washington, The proposed system named ‘‘Fraud records available to the public. Such DC (Ninth Floor) Reporting System’’ (FHFA–6) will records must be maintained for a period STATUS: This meeting will be open to maintain information of fraud or sufficient to cover the limitations period the public. possible fraud involving the Federal specified in 47 U.S.C. 503(b)(6)(B). ITEMS TO BE DISCUSSED: National Mortgage Association, the 47 CFR Section 76.1704(a) requires Correction and Approval of Minutes. Federal Home Loan Mortgage the proof of performance tests required Draft Advisory Opinion 2010–14: Corporation, and the Federal Home by § 76.601 shall be maintained on file Democratic Senatorial Campaign Loan Banks (collectively, ‘‘regulated at the operator’s local business office for Committee by its counsel, Marc E. Elias, entities’’). This system is being at least five years. The test data shall be Esq., and Jonathan S. Berkon, Esq., of established so that FHFA may carry out made available for inspection by the Perkins Coie, LLP. its statutory authority to require the Commission or the local franchiser, Draft Advisory Opinion 2010–15: Pike regulated entities to report fraud or upon request. for Congress by its counsel, Brian G. possible fraud upon discovery and in

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furtherance of its authority for oversight Telecommunications Device for the Deaf or suspects a possible fraud relating to of the safe and sound operations of the is 800–877–8339. the purchase or sale of any loan or regulated entities. The deleted system of SUPPLEMENTARY INFORMATION: financial instrument. Additionally, the records is being replaced as a result of Director must require each regulated FHFA’s statutory authority. The I. Comments entity to establish and maintain proposed system will include Instructions: FHFA seeks public procedures designed to discover any information formerly maintained in the comments on the proposed new system such transactions. system, OFHEO–07, ‘‘Mortgage Fraud of records and will take all comments This notice informs the public of System’’ published at 71 FR 6085 on into consideration before issuing the FHFA’s proposal to establish and February 6, 2006. final notice. See 5 U.S.C. 552a(e)(4) and maintain a new system of records and DATES: The new system of records will (11). In addition to referencing to delete an obsolete system of records. become effective on October 12, 2010 ‘‘Comments/No. 2010–N–13,’’ please The proposed new system of records is: without further notice unless comments reference the title and number of the FHFA–6, Fraud Reporting System. The necessitate otherwise. FHFA will system of records your comment deleted system of records is: OFHEO–07 publish a new notice if the effective date addresses: ‘‘Fraud Reporting System’’ Mortgage Fraud System. is delayed to review comments or if (FHFA–6). This notice satisfies the Privacy Act changes are made based on comments Posting and Public Availability of requirement that an agency publish a received. To be assured of Comments: All comments received will system of records notice in the Federal consideration, comments should be be posted without change on the FHFA Register when there is an addition to received on or before September 29, Web site at http://www.fhfa.gov, and the agency’s system of records. Congress 2010. will include any personal information recognized that application of all provided. In addition, copies of all ADDRESSES: Submit comments to FHFA requirements of the Privacy Act to only once, identified by ‘‘2010–N–13,’’ comments received will be available for certain categories of records may have using any one of the following methods: examination by the public on business an undesirable and often unacceptable • E-mail: Comments to Alfred M. days between the hours of 10 a.m. and effect upon agencies in the conduct of Pollard, General Counsel, may be sent 3 p.m., at the Federal Housing Finance necessary public business. by e-mail to [email protected]. Agency, Fourth Floor, 1700 G Street, Consequently, Congress established Please include ‘‘Comments/No. 2010–N– NW., Washington, DC 20552. To make general exemptions and specific 13,’’ in the subject line of the message. an appointment to inspect comments, exemptions that could be used to • Federal eRulemaking Portal: http:// please call the Office of General Counsel exempt records from provisions of the www.regulations.gov. Follow the at 202–414–6924. Privacy Act. Congress also required that instructions for submitting comments. If II. Introduction exempting records from provisions of you submit your comment to the the Privacy Act would require the head Federal eRulemaking Portal, please also The Housing and Economic Recovery of an agency to publish a determination send it by e-mail to FHFA at Act of 2008 (HERA), Public Law 110– to exempt a record from the Privacy Act [email protected] to ensure 289, 122 Stat. 2654 (2008), amended the as a rule in accordance with the timely receipt by the agency. Please Federal Housing Enterprises Financial Administrative Procedures Act. The include ‘‘Comments/No. 2010–N–13’’ in Safety and Soundness Act of 1992 (12 Director of FHFA has determined that the subject line of the message. U.S.C. 4501 et seq.) (Safety and records and information in this new • Hand Delivered/Courier: The hand Soundness Act) and transferred to system of records is not exempt from delivery address is: Alfred M. Pollard, FHFA the supervisory and oversight requirements of the Privacy Act. General Counsel, Attention: Comments/ responsibilities over the Federal As required by the Privacy Act, No. 2010–N–13, Federal Housing National Mortgage Association, the 5 U.S.C. 552a(r), and pursuant to Finance Agency, Fourth Floor, 1700 G Federal Home Loan Mortgage paragraph 4c of Appendix I to OMB Street, NW., Washington, DC 20552. The Corporation, and the Federal Home Circular No. A–130, ‘‘Federal Agency package should be logged at the Guard Loan Banks (collectively, regulated Responsibilities for Maintaining Desk, First Floor, on business days entities). FHFA is responsible for Records About Individuals,’’ dated between 9 a.m. and 5 p.m. ensuring that the regulated entities February 8, 1996 (February 20, 1996; 61 • U.S. Mail, United Parcel Service, operate in a safe and sound manner and FR 6427, 35), FHFA has submitted a Federal Express, or Other Mail Service: carry out their public policy missions. report describing the new system of The mailing address for comments is: The OFHEO and the Federal Housing records covered by this notice, to the Alfred M. Pollard, General Counsel, Finance Board were abolished on July Committee on Oversight and Attention: Comments/No. 2010–N–13, 30, 2009, one year after the enactment Government Reform of the House of 1 Federal Housing Finance Agency, of HERA. Representatives, the Committee on Fourth Floor, 1700 G Street, NW., Section 1379E of the Safety and Governmental Affairs of the Senate, and Washington, DC 20552. Soundness Act (section 1379E) (12 the Office of Management and Budget. See SUPPLEMENTARY INFORMATION for U.S.C. 4642(a)) subjects the regulated The proposed new system of records additional information on submission entities to both fraud reporting and described above is set forth in its and posting of comments. internal control requirements. Under entirety below. this statutory provision, the Director of FOR FURTHER INFORMATION CONTACT: John Dated: August 26, 2010. Major, Privacy Act Officer, FHFA must require a regulated entity to Edward J. DeMarco, [email protected], 202–408–2849, or submit a timely report upon discovery David A. Lee, Senior Agency Official for that it has purchased or sold a Acting Director, Federal Housing Finance Agency. Privacy, [email protected], 202–408– fraudulent loan or financial instrument, 2514 (not toll-free numbers), Federal FHFA–6 1 See HERA, Division A, Title I, Section 1101 Housing Finance Agency, 1700 G Street, ‘‘ Establishment of the Federal Housing Finance SYSTEM NAME: NW., Fourth Floor, Washington, DC Agency’’ and Title III, Section 1301 ‘‘Abolishment of 20552. The telephone number for the OFHEO.’’ Fraud Reporting System.

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SECURITY CLASSIFICATION: responsibilities of FHFA under the NOTIFICATION PROCEDURES: Unclassified but sensitive. Federal Housing Enterprises Financial Direct inquiries as to whether this Safety and Soundness Act of 1992, as system contains a record pertaining to SYSTEM LOCATION: amended. an individual to the Privacy Act Officer Federal Housing Finance Agency, by electronic mail, regular mail, or fax. ROUTINE USES OF RECORDS MAINTAINED IN THE 1700 G Street, NW., Washington, 20552; The electronic mail address is: 1625 Eye Street, NW., Washington, DC SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: [email protected]. The regular mail 20006; and any alternate work site address is: Privacy Act Officer, Federal utilized by employees of the Federal It shall be a routine use to disclose information contained in this system for Housing Finance Agency, 1625 Eye Housing Finance Agency or by Street, NW., Washington, DC 20006. The individuals assisting such employees. the purposes and to the users identified below: fax number is: 202–408–2580. For the CATEGORIES OF INDIVIDUALS COVERED BY THE 1. FHFA personnel authorized as quickest possible handling, you should SYSTEM: having a need to access the records in mark your electronic mail, letter, or fax The ‘‘Fraud Reporting System’’ performance of their official functions. and the subject line, envelope, or fax contains information about individuals 2. The Financial Crimes Enforcement cover sheet ‘‘Privacy Act Request’’ in that are suspects of a fraud or possible Network and other law enforcement and accordance with the procedures set fraud in connection with a loan or government entities, as determined by forth in 12 CFR part 1204. financial instrument purchased or sold FHFA to be appropriate. RECORD ACCESS PROCEDURES: 3. A regulated entity. involving the Federal National Mortgage Direct requests to access, amend, or 4. A consultant, person, or entity that Association, the Federal Home Loan correct a record to the Privacy Act contracts or subcontracts with FHFA, to Mortgage Corporation, or the Federal Officer, Federal Housing Finance the extent necessary for the performance Home Loan Banks (collectively, Agency, 1625 Eye Street, NW., of the contract or subcontract and ‘‘regulated entities’’). Such records may Washington, DC 20006, in accordance consistent with the purpose of the include information on: with the procedures set forth in 12 CFR system, provided that the person or (a) Individuals who are directors, part 1204. officers, employees, agents, of a entity acknowledges in writing that it is regulated entity; required to maintain Privacy Act CONTESTING RECORD PROCEDURES: (b) Individuals that are actual or safeguards for the information. Direct requests to contest or appeal an potential victims of fraud or possible DISCLOSURE TO CONSUMER REPORTING adverse determination for a record to fraud; AGENCIES: the Privacy Act Appeals Officer, Federal (c) Individuals who are named as None. Housing Finance Agency, 1700 G Street, possible witnesses; NW., Washington, DC 20552, in (d) Individuals who have or might POLICIES AND PRACTICE FOR STORING, accordance with the procedures set have information about reported RETRIEVING, ACCESSING, RETAINING AND forth in 12 CFR part 1204. matters; DISPOSING OF RECORDS IN THE SYSTEM: RECORD SOURCE CATEGORIES: (e) Individuals named as preparers of STORAGE: any reports; or Records in this system are stored in The information is obtained from the (f) Individuals named as persons to be paper and electronic format. regulated entities. contacted for assistance by FHFA. EXEMPTIONS CLAIMED FOR THE SYSTEM: RETRIEVABILITY: CATEGORIES OF RECORDS IN THE SYSTEM: Records may be retrieved by Some information in this system that ‘‘ Records in the Fraud Reporting sectionalized data fields or by the use of is investigatory and compiled for law ’’ System contain information about the search and selection criteria, such as an enforcement purposes is exempt under ‘‘ individuals specified in Categories of individual’s or entity’s name. subsection 552a(k)(2) of the Privacy Act. Individuals Covered by the System’’ [FR Doc. 2010–21520 Filed 8–27–10; 8:45 am] such as name, address, social security SAFEGUARDS: BILLING CODE 8070–01–P numbers, and financial information. The Records are maintained in controlled records may also contain information access areas. Electronic records are pertaining to criminal prosecutions, protected by restricted access FEDERAL RESERVE SYSTEM civil actions, enforcement proceedings, procedures, including user and investigations resulting from or identifications and passwords. Only Formations of, Acquisitions by, and relating to the records. FHFA staff whose official duties require Mergers of Bank Holding Companies access are allowed to view, administer, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: The companies listed in this notice or control these records. The system is established and have applied to the Board for approval, maintained pursuant to 12 U.S.C. 4513, RETENTION AND DISPOSAL: pursuant to the Bank Holding Company 4514, 4526 and 4642 and 12 CFR part Records are maintained in accordance Act of 1956 (12 U.S.C. 1841 et seq.) 1233. with National Archives and Records (BHC Act), Regulation Y (12 CFR Part Administration and FHFA retention 225), and all other applicable statutes PURPOSE(S): schedules. Records are disposed of and regulations to become a bank The information in this system of according to accepted techniques. holding company and/or to acquire the records will be analyzed by FHFA staff assets or the ownership of, control of, or in carrying out the statutory authorities SYSTEM MANAGER(S) AND ADDRESS: the power to vote shares of a bank or of the Director to require the regulated Division of Enterprise Regulation, bank holding company and all of the entities to report fraud or possible fraud Federal Housing Finance Agency, 1700 banks and nonbanking companies involving a loan or financial instrument G Street, NW., Washington, DC 20552 owned by the bank holding company, purchased or sold by the regulated and the Division of Bank Regulation, including the companies listed below. entity upon discovery consistent with Federal Housing Finance Agency, 1625 The applications listed below, as well the safety and soundness Eye Street, NW., Washington, DC 20006. as other related filings required by the

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Board, are available for immediate prescribed in Bulletin 11–01 may be one, now constitute the only inspection at the Federal Reserve Bank found at http://www.gsa.gov/perdiem. notification of revisions in CONUS per indicated. The applications also will be GSA bases the lodging per diem rates on diem rates to agencies. available for inspection at the offices of the average daily rate that the lodging Dated: August 23, 2010. the Board of Governors. Interested industry reports to an independent Craig Flynn, persons may express their views in organization. The use of such data in the Assistant Deputy Associate Administrator. writing on the standards enumerated in per diem rate setting process enhances the BHC Act (12 U.S.C. 1842(c)). If the the government’s ability to obtain [FR Doc. 2010–21489 Filed 8–27–10; 8:45 am] proposal also involves the acquisition of policy-compliant lodging where it is BILLING CODE 6820–14–P a nonbanking company, the review also needed. In conjunction with the annual includes whether the acquisition of the lodging study, GSA identified five new nonbanking company complies with the non-standard areas (NSAs): West Des DEPARTMENT OF HEALTH AND standards in section 4 of the BHC Act Moines, Iowa (Dallas County); Queen HUMAN SERVICES (12 U.S.C. 1843). Unless otherwise Anne County, Maryland; Moab, Utah [Document Identifier: OS–0990–0162; 60- noted, nonbanking activities will be (Grand County); Richland, Washington day Notice] conducted throughout the United States. (Benton County); and Berkeley County, Additional information on all bank West Virginia. Agency Information Collection holding companies may be obtained If a per diem rate is insufficient to Request; 60-Day Public Comment from the National Information Center meet necessary expenses in any given Request website at www.ffiec.gov/nic/. location, Federal executive agencies can AGENCY: Office of the Secretary, HHS. Unless otherwise noted, comments request that GSA review that location. In compliance with the requirement regarding each of these applications Please review numbers five and six of of section 3506(c)(2)(A) of the must be received at the Reserve Bank GSA’s per diem Frequently Asked indicated or the offices of the Board of Paperwork Reduction Act of 1995, the Questions at (http://www.gsa.gov/ Office of the Secretary (OS), Department Governors not later than September 14, perdiemfaqs) for more information on 2010. of Health and Human Services, is the special review process. publishing the following summary of a A. Federal Reserve Bank of St. Louis In addition, the Federal Travel proposed information collection request (Glenda Wilson, Community Affairs Regulation allows for actual expense for public comment. Interested persons Officer) P.O. Box 442, St. Louis, reimbursement as directed in § 301– are invited to send comments regarding Missouri 63166–2034: 11.300 through 301–11.306. GSA may this burden estimate or any other aspect 1. Benefit Financial Group, Inc., Fort begin asking agencies for data related to of this collection of information, Smith, Arkansas; to become a bank their use of actual expense approvals; if including any of the following subjects: holding company upon the conversion so, more information will be (1) The necessity and utility of the of its subsidiary bank, Benefit Bank, forthcoming. Fort Smith, Arkansas, from a federally proposed information collection for the chartered savings institution to a state DATES: This notice is effective October proper performance of the agency’s chartered bank. 1, 2010, and applies for travel functions; (2) the accuracy of the performed on or after October 1, 2010 estimated burden; (3) ways to enhance Board of Governors of the Federal Reserve through September 30, 2011. System, August 25, 2010. the quality, utility, and clarity of the FOR FURTHER INFORMATION CONTACT: For information to be collected; and (4) the Robert deV. Frierson, clarification of content, contact Ms. Jill use of automated collection techniques Deputy Secretary of the Board. Denning, Office of Governmentwide or other forms of information [FR Doc. 2010–21519 Filed 8–27–10; 8:45 am] Policy, Office of Travel, Transportation, technology to minimize the information BILLING CODE 6210–01–S and Asset Management, at (202) 208– collection burden. To obtain copies of 7642, or by e-mail at the supporting statement and any [email protected]. Please cite Notice related forms for the proposed GENERAL SERVICES of Per Diem Bulletin 11–01. paperwork collections referenced above, ADMINISTRATION SUPPLEMENTARY INFORMATION: e-mail your request, including your address, phone number, OMB number, Maximum Per Diem Rates for the A. Background and OS document identifier, to Continental United States (CONUS) After analyzing recent lodging data, [email protected], or call AGENCY: Office of Governmentwide GSA determined that lodging rates for the Reports Clearance Office on (202) Policy (OGP), General Services certain localities do not adequately 690–6162. Written comments and Administration (GSA). reflect the current lodging markets. GSA recommendations for the proposed ACTION: Notice of Per Diem Bulletin 11– used the same lodging rate setting information collections must be directed 01, Fiscal Year (FY) 2011 Continental methodology for establishing the FY to the OS Paperwork Clearance Officer United States (CONUS) per diem rates. 2011 per diem rates as when at the above e-mail address within 60 establishing the FY 2010 rates. days. SUMMARY: The General Services GSA issues and publishes the CONUS Proposed Project: State Medicaid Administration’s (GSA) annual per diem per diem rates, formerly published in Fraud Control Units’ Reports—OMB No. review has resulted in lodging and meal Appendix A to 41 CFR Chapter 301, 0990–0162—Extension-Office of the allowance changes for locations within solely on the Internet at http:// Inspector General (OIG). CONUS to provide for the www.gsa.gov/perdiem. This process, Abstract: Office of the Inspector reimbursement of Federal employees’ implemented in 2003, ensures more General (OIG) is requesting an extension expenses covered by per diem. This Per timely changes in per diem rates by Office of Management and Budget for Diem Bulletin updates the maximum established by GSA for Federal the collection of information to per diem amounts in existing per diem employees on official travel within specifically comply with the localities and updates the standard CONUS. Notices published periodically requirements in Title 19 of the Social CONUS rate. The CONUS per diem rates in the Federal Register, such as this Security Act at 1903(q) and 42

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CFR1007.15 and 1007.17, in accordance grant certification/re-certification. The the information received to assess and with the Paperwork Reduction Act. The collection is submitted yearly to the determine the Units’ eligibility for information collected consists of fifty Office of the Inspector General (OIG) by continued participation in the Federal separate annual reports and fifty the fifty established State Medicaid Medicaid fraud control grant program. separate application requests for Federal Fraud Control Units (Units). OIG uses

ESTIMATED ANNUALIZED BURDEN TABLE

Average Number of Number of burden per Total Respondent Form respondents responses per response burden respondent (in hours) hours

State (MFCU) Units ...... Annual Report ...... 50 1 88 4,400 State (MFCU) Units ...... Certification/Recertification Application 50 1 5 250

Total ...... 4,650

Seleda Perryman, of this collection of information, at the above email address within 60- Office of the Secretary, Paperwork Reduction including any of the following subjects: days. Act Clearance Officer. (1) The necessity and utility of the Proposed Project: State Medicaid [FR Doc. 2010–21400 Filed 8–27–10; 8:45 am] proposed information collection for the Fraud Control Units’ Reports—OMB No. BILLING CODE 4152–01–P proper performance of the agency’s 0990–0162–Extension—Office of the functions; (2) the accuracy of the Inspector General (OIG). estimated burden; (3) ways to enhance Abstract: Office of the Inspector DEPARTMENT OF HEALTH AND the quality, utility, and clarity of the General (OIG) is requesting an extension HUMAN SERVICES information to be collected; and (4) the by Office of Management and Budget for the collection of information to [Document Identifier: OS–0990–0162; 60- use of automated collection techniques Day Notice] or other forms of information specifically comply with the technology to minimize the information requirements in Title 19 of the Social Agency Information Collection collection burden. Security Act at 1903 (q) and 42 Request; 60-Day Public Comment CFR1007.15 and 1007.17, in accordance To obtain copies of the supporting Request with the Paperwork Reduction Act. The statement and any related forms for the information collected consists of fifty AGENCY: Office of the Secretary, HHS. proposed paperwork collections separate annual reports and fifty In compliance with the requirement referenced above, e-mail your request, separate application requests for Federal of section 3506(c)(2)(A) of the including your address, phone number, grant certification/re-certification. The Paperwork Reduction Act of 1995, the OMB number, and OS document collection is submitted yearly to the Office of the Secretary (OS), Department identifier, to Office of the Inspector General (OIG) by of Health and Human Services, is [email protected], or call the fifty established State Medicaid publishing the following summary of a the Reports Clearance Office on (202) Fraud Control Units (Units). OIG uses proposed information collection request 690–6162. Written comments and the information received to assess and for public comment. Interested persons recommendations for the proposed determine the Units’ eligibility for are invited to send comments regarding information collections must be directed continued participation in the Federal this burden estimate or any other aspect to the OS Paperwork Clearance Officer Medicaid fraud control grant program.

ESTIMATED ANNUALIZED BURDEN TABLE

Number of Average Number of responses burden per Total Respondent Form respondents per response burden respondents (in hours) hours

State (MFCU) Units ...... Annual Report ...... 50 1 88 4,400 State (MFCU) Units ...... Certification/Recertification Application 50 1 5 250

Total ...... 4,650

Seleda Perryman, DEPARTMENT OF HEALTH AND In compliance with the requirement Office of the Secretary, Paperwork Reduction HUMAN SERVICES of section 3506(c)(2)(A) of the Act Clearance Officer. Paperwork Reduction Act of 1995, the [FR Doc. 2010–21433 Filed 8–27–10; 8:45 am] [Document Identifier: OS–0990–0162; 60- Office of the Secretary (OS), Department BILLING CODE 4152–01–P Day Notice] of Health and Human Services, is publishing the following summary of a Agency Information Collection proposed information collection request Request; 60-Day Public Comment for public comment. Interested persons Request are invited to send comments regarding AGENCY: Office of the Secretary, HHS.

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this burden estimate or any other aspect address, phone number, OMB number, specifically comply with the of this collection of information, and OS document identifier, to requirements in Title 19 of the Social including any of the following subjects: [email protected], or call Security Act at 1903(q) and 42 CFR (1) The necessity and utility of the the Reports Clearance Office on (202) 1007.15 and 1007.17, in accordance proposed information collection for the 690–6162. Written comments and with the Paperwork Reduction Act. The proper performance of the agency’s recommendations for the proposed information collected consists of fifty functions; (2) the accuracy of the information collections must be directed separate annual reports and fifty estimated burden; (3) ways to enhance to the OS Paperwork Clearance Officer separate application requests for Federal the quality, utility, and clarity of the at the above e-mail address within 60 grant certification/re-certification. The information to be collected; and (4) the days. collection is submitted yearly to the use of automated collection techniques Proposed Project: State Medicaid Office of the Inspector General (OIG) by or other forms of information Fraud Control Units’ Reports—OMB No. the fifty established State Medicaid technology to minimize the information 0990–0162–Extension—Office of the collection burden. To obtain copies of Inspector General (OIG). Fraud Control Units (Units). OIG uses the supporting statement and any Abstract: Office of the Inspector the information received to assess and related forms for the proposed General (OIG) is requesting an extension determine the Units’ eligibility for paperwork collections referenced above, by Office of Management and Budget for continued participation in the Federal e-mail your request, including your the collection of information to Medicaid fraud control grant program.

ESTIMATED ANNUALIZED BURDEN TABLE

Number of Average Number of burden per Total burden Respondent Form respondents responses per response hours respondent (in hours)

State (MFCU) Units ...... Annual Report ...... 50 1 88 4,400 State (MFCU) Units ...... Certification/Recertification Application 50 1 5 250

Total ...... 4,650

Seleda Perryman, also include sessions on genomic data warranted, to provide advice on these Office of the Secretary, Paperwork Reduction sharing and the implications of issues. The draft meeting agenda and Act Clearance Officer. affordable whole-genome sequencing, other information about SACGHS, [FR Doc. 2010–21403 Filed 8–27–10; 8:45 am] an update on the implementation of the including information about access to BILLING CODE 4152–01–P Genetic Information Nondiscrimination the Web cast, will be available at the Act, and a briefing from the Food and following Web site: http:// Drug Administration on activities oba.od.nih.gov/SACGHS/ DEPARTMENT OF HEALTH AND related to genetic testing. sacghs_meetings.html. As always, the Committee welcomes HUMAN SERVICES Dated: August 24, 2010. hearing from anyone wishing to provide National Institutes of Health public comment on any issue related to Jennifer Spaeth, genetics, health and society. Please note Director, NIH Office of Federal Advisory Notice of Meeting: Secretary’s that because SACGHS operates under Committee Policy. Advisory Committee on Genetics, the provisions of the Federal Advisory [FR Doc. 2010–21533 Filed 8–27–10; 8:45 am] Health, and Society Committee Act, all public comments BILLING CODE 4140–01–P will be made available to the public. Pursuant to Public Law 92–463, Individuals who would like to provide notice is hereby given of the twenty- public comment should notify the DEPARTMENT OF HEALTH AND third meeting of the Secretary’s SACGHS Executive Secretary, Ms. Sarah HUMAN SERVICES Advisory Committee on Genetics, Carr, by telephone at 301–496–9838 or Office of the Secretary Health, and Society (SACGHS), U.S. e-mail at [email protected]. The Public Health Service. The meeting will SACGHS office is located at 6705 Notice of Meeting: Secretary’s be held from 8:30 a.m. to approximately Rockledge Drive, Suite 750, Bethesda, 5:30 p.m. on Tuesday, October 5, 2010, Advisory Committee on Genetics, MD 20892. Anyone planning to attend Health, and Society and from 8:30 a.m. to approximately the meeting who needs special 3:45 p.m. on Wednesday, October 6, assistance, such as sign language Pursuant to Public Law 92–463, 2010, at the National Institute of Health, interpretation or other reasonable notice is hereby given of the twenty- Building 31, Conference Room 6C6, accommodations, is also asked to third meeting of the Secretary’s 9000 Rockville Pike, Bethesda, MD contact the Executive Secretary. Advisory Committee on Genetics, 20892. The meeting will be open to the Under authority of 42 U.S.C. 217a, Health, and Society (SACGHS), U.S. public with attendance limited to space Section 222 of the Public Health Service Public Health Service. The meeting will available. The meeting will also be Web Act, as amended, the Department of be held from 8:30 a.m. to approximately cast. Health and Human Services established 5:30 p.m. on Tuesday, October 5, 2010, The main agenda item will be a SACGHS to serve as a public forum for and from 8:30 a.m. to approximately review of the revised draft report on deliberations on the broad range of 3:45 p.m. on Wednesday, October 6, genetics education and training and human health and societal issues raised 2010, at the National Institute of Health, discussion of the final draft by the development and use of genetic Building 31, Conference Room 6C6, recommendations. The meeting will and genomic technologies and, as 9000 Rockville Pike, Bethesda, MD

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20892. The meeting will be open to the DEPARTMENT OF HEALTH AND Dated: August 24, 2010. public with attendance limited to space HUMAN SERVICES James Scanlon, available. The meeting will also be Web Deputy Assistant Secretary for Planning and cast. National Committee on Vital and Health Evaluation (Science and Data Policy), Office Statistics: Meeting of the Assistant Secretary for Planning and The main agenda item will be a Evaluation. review of the revised draft report on Pursuant to the Federal Advisory [FR Doc. 2010–21516 Filed 8–27–10; 8:45 am] genetics education and training and Committee Act, the Department of BILLING CODE 4151–05–P discussion of the final draft Health and Human Services (HHS) recommendations. The meeting will announces the following advisory also include sessions on genomic data committee meeting. DEPARTMENT OF HEALTH AND sharing and the implications of Name: National Committee on Vital and HUMAN SERVICES affordable whole-genome sequencing, Health Statistics (NCVHS), Full Committee an update on the implementation of the Meeting. Meeting of the National Biodefense Genetic Information Nondiscrimination Time and Date: September 15, 2010 9 a.m.– Science Board 2 p.m.; September 16, 2010 8:30 a.m.– Act, and a briefing from the Food and AGENCY: Department of Health and 12:30 p.m. Drug Administration on activities Human Services, Office of the Secretary. related to genetic testing. Place: Embassy Suites Crystal City Hotel, 1300 Jefferson Davis Highway, Arlington, VA ACTION: Notice. As always, the Committee welcomes 22202, (703) 979–9799. hearing from anyone wishing to provide Status: Open. SUMMARY: As stipulated by the Federal public comment on any issue related to Purpose: At this meeting the Committee Advisory Committee Act, the U.S. genetics, health and society. Please note will hear presentations and hold discussions Department of Health and Human that because SACGHS operates under on several health data policy topics. On the Services is hereby giving notice that the the provisions of the Federal Advisory morning of the first day the Committee will National Biodefense Science Board Committee Act, all public comments hear updates from the Department, the Center (NBSB) will be holding a public for Medicare and Medicaid Services, and the will be made available to the public. meeting. The meeting is open to the Office of the National Coordinator for Health public. Individuals who would like to provide Information Technology. Draft letters to the public comment should notify the HHS Secretary regarding the HIPAA national DATES: The NBSB will hold a public SACGHS Executive Secretary, Ms. Sarah health plan identifier and operating rules on meeting on September 22, 2010 from 8 Carr, by telephone at 301–496–9838 or eligibility and claim status will also be a.m. to 5 p.m. ET. The agenda is subject e-mail at [email protected]. The discussed. In the afternoon there will be a to change as priorities dictate. discussion about a letter to the HHS SACGHS office is located at 6705 ADDRESSES: Washington, DC Metro Secretary regarding sensitive information in Rockledge Drive, Suite 750, Bethesda, Area. The venue details will be posted medical records. MD 20892. Anyone planning to attend On the morning of the second day there on the NBSB webpage at http:// the meeting who needs special will be a review of the final letters regarding www.phe.gov/Preparedness/legal/ assistance, such as sign language the national health plan identifier, operating boards/nbsb/Pages/default.aspx as they interpretation or other reasonable rules on eligibility and claim status, and become available. accommodations, is also asked to sensitive information in medical records. FOR FURTHER INFORMATION CONTACT: E- contact the Executive Secretary. Subcommittees will also present their mail: [email protected]. reports. The afternoon of the second day will SUPPLEMENTARY INFORMATION: Under authority of 42 U.S.C. 217a, conclude with a discussion of the 60th Pursuant Section 222 of the Public Health Service Anniversary Symposium that was held in to section 319M of the Public Health Act, as amended, the Department of June 2010. Service Act (42 U.S.C. 247d–7f) and Health and Human Services established The times shown above are for the full section 222 of the Public Health Service SACGHS to serve as a public forum for Committee meeting. Subcommittee breakout Act (42 U.S.C. 217a), the Department of deliberations on the broad range of sessions can be scheduled for late in the Health and Human Services established afternoon of the first day and second day and human health and societal issues raised the National Biodefense Science Board. in the morning prior to the full Committee by the development and use of genetic The Board shall provide expert advice meeting on the second day. Agendas for these and guidance to the Secretary on and genomic technologies and, as breakout sessions will be posted on the scientific, technical, and other matters warranted, to provide advice on these NCVHS Web site (URL below) when of special interest to the Department of available. issues. The draft meeting agenda and Health and Human Services regarding other information about SACGHS, Contact Person for More Information: Substantive program information as well as current and future chemical, biological, including information about access to nuclear, and radiological agents, the Web cast, will be available at the summaries of meetings and a roster of committee members may be obtained from whether naturally occurring, accidental, following Web site: http:// Marjorie S. Greenberg, Executive Secretary, or deliberate. The Board may also oba.od.nih.gov/SACGHS/ NCVHS, National Center for Health Statistics, provide advice and guidance to the sacghs_meetings.html. Centers for Disease Control and Prevention, Secretary on other matters related to Dated: August 24, 2010. 3311 Toledo Road, Room 2402, Hyattsville, public health emergency preparedness Maryland 20782, telephone (301) 458–4245. Jennifer Spaeth, and response. Information also is available on the NCVHS Background: A portion of this public Director, NIH Office of Federal Advisory home page of the HHS Web site: http:// meeting will be dedicated to a report Committee Policy. www.ncvhs.hhs.gov/, where further and presentation by the Disaster Mental [FR Doc. 2010–21532 Filed 8–27–10; 8:45 am] information including an agenda will be posted when available. Health Subcommittee to the NBSB on BILLING CODE 4140–01–P Should you require reasonable their assessment of the Department of accommodation, please contact the CDC Health and Human Services’ progress to Office of Equal Employment Opportunity on better integrate behavioral health into (301) 458–4EEO (4336) as soon as possible. emergency preparedness and response

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activities. Subsequent agenda topics ADDRESSES: Written comments should supports AHRQ’s Centers for Education will be added as priorities dictate. be submitted to: Doris Lefkowitz, and Research on Therapeutics initiative Availability of Materials: The meeting Reports Clearance Officer, AHRQ, by e- to promote the safe and effective use of agenda and materials will be posted on mail at [email protected]. therapeutics. See 42 U.S.C. 299b–1(b). It the NBSB Web site at http:// Copies of the proposed collection plans, also supports AHRQ’s mandate for the www.phe.gov/Preparedness/legal/ data collection instruments, and specific inclusion of priority populations. See 42 boards/nbsb/Pages/default.aspx prior to details on the estimated burden can be U.S.C. 299(c). the meeting. obtained from the AHRQ Reports Method of Collection Procedures for Providing Public Input: Clearance Officer. Any member of the public providing FOR FURTHER INFORMATION CONTACT: To achieve the projects’ aims the oral comments at the meeting must sign Doris Lefkowitz, AHRQ Reports following data collections will be in at the registration desk and provide Clearance Officer, (301) 427–1477, or by implemented: his/her name, address, and affiliation. e-mail at (1) Surveys with parents of young All written comments must be received [email protected]. prior to September 21, and should be children (age < 8 years). The purpose of sent by e-mail to [email protected] with SUPPLEMENTARY INFORMATION: this survey is to learn how parents administer acetaminophen to their ‘‘NBSB Public Comment’’ as the subject Proposed Project line. Individuals who plan to attend and children and to identify determinants of need special assistance, such as sign Understanding Patients’ Knowledge and misuse of acetaminophen; language interpretation or other Use of Acetaminophen—Phase 2 (2) Surveys with adolescents (ages 13 reasonable accommodations, should AHRQ proposes a cross-sectional to 20). The purpose of this survey is to e-mail [email protected]. prospective survey to identify issues learn how adolescents use Dated: August 10, 2010. that relate to the misuse and overdosing acetaminophen and to identify Nicole Lurie, of over-the-counter (OTC) determinants of misuse of acetaminophen; Assistant Secretary for Preparedness and acetaminophen. The survey was Response. developed based on results from a (3) Surveys with adults (21 to 65 years [FR Doc. 2010–21504 Filed 8–27–10; 8:45 am] previous data collection (OMB control of age). The purpose of this survey is to BILLING CODE 4150–37–P number 0935–0154, approved on 10/13/ learn how adults use acetaminophen 2009). Acetaminophen is the most and to identify determinants of misuse widely used analgesic and antipyretic of acetaminophen; DEPARTMENT OF HEALTH AND drug in the U.S. When appropriately (4) Surveys with adults (greater than HUMAN SERVICES used, it is a very safe agent. However, 65 years of age). The purpose of this a single large overdose, or several survey is to learn how older adults use Agency for Healthcare Research and supratherapeutic dosages in a short acetaminophen and to identify Quality period of time, has been associated with determinants of misuse of acute liver failure, which can occur with Agency Information Collection acetaminophen, particularly in regards dosages over 250 mg/kg over a 24-hour to age-related factors. Activities: Proposed Collection; period, or > 12 g in an adult. Toxicity Comment Request Data will be collected in person using from acetaminophen has been on the paper questionnaires administered by rise in the past 3 decades, and is now AGENCY: Agency for Healthcare Research the project personnel. and Quality, HHS. the most common cause of acute liver ACTION: Notice. failure in the U.S., surpassing viral Estimated Annual Respondent Burden hepatitis. SUMMARY: This notice announces the This project has the following aims: Exhibit 1 shows the estimated intention of the Agency for Healthcare (1) To estimate frequency of use, annualized burden hours for the Research and Quality (AHRQ) to request knowledge, and practices regarding use respondent’s time to participate in this that the Office of Management and of OTC acetaminophen, and project. Each of the four questionnaires Budget (OMB) approve the proposed (2) To evaluate potential determinants used in the planned face-to-face surveys information collection project: of misuse in community-based samples. will require approximately 30 minutes ‘‘Understanding Patients’ Knowledge This information will be useful for to complete. The total annualized and Use of Acetaminophen—Phase 2.’’ policy makers to consider and to burden for all participants is estimated In accordance with the Paperwork evaluate regulations and legislation with to be 400 hours. Reduction Act, 44 U.S.C. 3501–3520, respect to the distribution, dispensing Exhibit 2 shows the estimated AHRQ invites the public to comment on and sales of OTC acetaminophen. annualized cost burden for the this proposed information collection. This study is being conducted by respondent’s time to participate in the DATES: Comments on this notice must be AHRQ through its contractor, the project. The total annualized cost received by October 29, 2010. University of Texas. This project burden is estimated to be $8,361.

EXHIBIT 1—ESTIMATED ANNUALIZED BURDEN HOURS

Number of Total Data collection mode Number of responses per Hours burden respondents respondent per response hours

Surveys with Parents of Children < 8 years of age ...... 300 1 30/60 150 Surveys with Adolescents (13 to 20 years of age) ...... 200 1 30/60 100 Surveys with Adults (20 to 65 years) ...... 150 1 30/60 75 Surveys with Adults (greater than 65 years) ...... 150 1 30/60 75

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EXHIBIT 1—ESTIMATED ANNUALIZED BURDEN HOURS—Continued

Number of Total Data collection mode Number of responses per Hours burden respondents respondent per response hours

Total ...... 800 na na 400

EXHIBIT 2—ESTIMATED ANNUALIZED COST BURDEN

Total Average Total Data collection mode Number of burden hourly cost respondents hours wage rate* burden

Surveys with Parents of Children < 8 years of age ...... 300 150 $20.90 $3,135 Surveys with Adolescents (13 to 20 years of age) ...... 200 100 20.90 2,090 Surveys with Adults (20 to 65 years) ...... 150 75 20.90 1,568 Surveys with Adults (greater than 65 years) ...... 150 75 20.90 1,568

Total ...... 800 400 na 8,361 * Based upon the mean of the average wages, National Compensation Survey: Occupational wages in the United States, May 2009, ‘‘U.S. De- partment of Labor, Bureau of Labor Statistics.

Estimated Annual Costs to the Federal automated collection techniques or Prevention and Health Promotion Government other forms of information technology. (NCCDPHP), Centers for Disease Control Comments submitted in response to Exhibit 3 shows the estimated and Prevention (CDC). this notice will be summarized and annualized cost to the Federal included in the Agency’s subsequent Background and Brief Description government for this six-month project. request for OMB approval of the CDC currently supports the National The total cost is $280,269. This amount proposed information collection. All Program of Cancer Registries (NPCR), a includes all direct and indirect costs of comments will become a matter of group of central cancer registries in 45 the design, data collection, analysis, and public record. states, the District of Columbia, and 2 reporting phase of the study. Dated: August 23, 2010. territories. The central cancer registries are data systems that collect, manage, EXHIBIT 3—ESTIMATED ANNUALIZED Carolyn M. Clancy, and analyze data about cancer cases and Director. COST cancer deaths. NPCR-funded central [FR Doc. 2010–21498 Filed 8–27–10; 8:45 am] cancer registries submit population- Total BILLING CODE 4160–90–M Cost component cost based cancer incidence data to CDC on an annual basis (OMB No. 0920–0469, Project Development ...... $33,590 DEPARTMENT OF HEALTH AND exp. 11/30/2012). Data Collection Activities ...... 85,760 Central cancer registries report that HUMAN SERVICES Data Processing and Analysis ...... 30,800 they are chronically understaffed, and Publication of Results ...... 750 Centers for Disease Control and many registries are concerned about the Project Management ...... 31,093 Prevention impact of staff shortages on data quality. Overhead ...... 98,276 Staffing patterns are known to vary [30Day–10–09BV] Total ...... 280,269 widely from registry to registry, and registries differ in the volume of cases Agency Forms Undergoing Paperwork that they process as well as their use of Request for Comments Reduction Act Review information technology. Cancer In accordance with the above-cited The Centers for Disease Control and registries have asked for clear staffing Paperwork Reduction Act legislation, Prevention (CDC) publishes a list of guidelines based on registry comments on AHRQ’s information information collection requests under characteristics such as size, degree of collection are requested with regard to review by the Office of Management and automation, and reporting procedures. any of the following: (a) Whether the Budget (OMB) in compliance with the CDC proposes to conduct a one-time proposed collection of information is Paperwork Reduction Act (44 U.S.C. Workload and Time Management necessary for the proper performance of Chapter 35). To request a copy of these (WLM) Survey to inform the AHRQ healthcare research and requests, call the CDC Reports Clearance development of staffing guidelines for healthcare information dissemination Officer at (404) 639–5960 or send an central cancer registries. Respondents functions, including whether the e-mail to [email protected]. Send written will be 46 cancer registrars in the NPCR- information will have practical utility; comments to CDC Desk Officer, Office of funded central cancer registries in 45 (b) the accuracy of AHRQ’s estimate of Management and Budget, Washington, states and the District of Columbia. burden (including hours and costs) of DC or by fax to (202) 395–5806. Written Participation will be requested by e- the proposed collection(s) of comments should be received within 30 mail. Non-responders will receive information; (c) ways to enhance the days of this notice. follow-up telephone calls to encourage quality, utility, and clarity of the participation. information to be collected; and (d) Proposed Project The WLM survey includes basic ways to minimize the burden of the Workload Management Study of questions about registry characteristics collection of information upon the Central Cancer Registries—New— such as organizational affiliation and respondents, including the use of National Center for Chronic Disease number of staff. The WLM also includes

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questions about the caseload for the development, travel, and death the registry’s staff. The aggregate registry (the number of new cancer cases clearances. In order to complete this information will be reported to CDC reported annually), the sources of case section of the WLM survey, detailed through the WLM Survey. The information, whether case information information will be collected from individual Work Activities Journals will is collected utilizing manual or registry staff. An average of eight not be submitted to CDC. electronic methods, and the type of registrars in each registry will be asked Findings from the WLM survey will software employed for electronic to maintain a paper Work Activities enable CDC to assess the workforce collection. Because many tasks can be Journal for a one-week period. Each necessary for meeting data reporting performed manually or using electronic registrar will record the number of requirements and to estimate the impact methods, and because cancer coding hours and minutes dedicated to case of planned changes to surveillance data systems are frequently revised to reflect finding, records abstraction, follow-up, reporting. CDC plans to develop changes in cancer diagnosis and care, and quality assurance, and where guidance so that cancer registry the WLM survey asks registry managers applicable, indicate whether tasks were managers can more effectively measure to identify training needs that would conducted manually or electronically. workload, evaluate the need for staff improve registry productivity, and to In addition, each registrar will estimate and staff credentials, and advocate for provide comments about other resource the amount of time dedicated to adequate staffing. needs and management issues. auditing, database management, The web-based WLM Survey will also professional development, travel, and OMB approval is requested for one collect information about the total death clearances on a monthly or annual year. Participation in the survey is amount of time dedicated by registry basis. At the end of the one-week data voluntary. There are no costs to staff to specific activities such as case collection period, the registry manager respondents other than their time. The finding, records abstraction, follow-up, will compile information from all of the total estimated annualized burden hours quality assurance, professional Work Activities Journals completed by are 921.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Type of respondents Form name respondents responses per response respondent (in hours)

NPCR managers ...... Workload and Time Management Survey ..... 46 1 4 Telephone Reminder ...... 15 1 3/60 NPCR Staff Registrars ...... Work Activities Journal ...... 368 1 2

Dated: August 23, 2010. Proposed Project (PHSPO) is responsible for establishing Maryam I. Daneshvar, and managing the national reporting National Notifiable Condition system of epidemiologic data for Reports Clearance Officer, Centers for Disease Messaging Support Strategy—New— Control and Prevention. notifiable conditions (diseases) via Public Health Surveillance Program NEDSS. [FR Doc. 2010–21496 Filed 8–27–10; 8:45 am] Office (PHSPO); Office of Surveillance, BILLING CODE 4163–18–P Epidemiology, and Laboratory Services Case notification messaging for most (OSELS), Centers for Disease Control of the nationally notifiable conditions and Prevention, (CDC). (77 infectious conditions as of August DEPARTMENT OF HEALTH AND 2009) will eventually be supported by HUMAN SERVICES Background and Brief Description the standard Health Level 7 v2.5 (HL7) The Public Health Services Act (42 message format. The HL7 message Centers for Disease Control and format requires a Message Mapping Prevention U.S.C. 241) authorizes CDC to disseminate nationally notifiable Guide (MMG)—developed by the condition information. CDC’s Morbidity NEDSS and NNDSS programs, in [30Day–10–10AK] and Mortality Weekly Report publishes collaboration with state and federal incidence tables for nationally notifiable subject matter experts—to implement Agency Forms Undergoing Paperwork case notification to CDC via NEDSS. At Reduction Act Review conditions reported through the National Electronic Disease Surveillance present, seven MMGs are available for The Centers for Disease Control and System (NEDSS) and other surveillance implementation by jurisdictions, and Prevention (CDC) publishes a list of data sources to the National Notifiable current NEDSS resources support the information collection requests under Diseases Surveillance System (NNDSS). development of three new MMGs per review by the Office of Management and NEDSS (OMB 0920–0728, expiration year. A jurisdiction’s implementation of Budget (OMB) in compliance with the date: 2/28/2010) is an internet-based a MMG requires an average of four Paperwork Reduction Act (44 U.S.C. infrastructure for public health months per MMG, and a jurisdiction Chapter 35). To request a copy of these surveillance data exchange that uses could potentially implement up to three requests, call the CDC Reports Clearance specific Public Health Information MMGs a year. In most instances, Officer at (404) 639–5960 or send an Network (PHIN) and NEDSS electronic National Center for Public Health e-mail to [email protected]. Send written data and information standards to Informatics’ (NCPHI) programmatic and comments to CDC Desk Officer, Office of advance the development of efficient, technical expertise is required to Management and Budget, Washington, integrated, and interoperable support this process at the jurisdictional DC 20503 or by fax to (202) 395–5806. surveillance systems at federal, state level. Written comments should be received and local levels. CDC’s proposed Public The National Notifiable Condition within 30 days of this notice. Health Surveillance Program Office Messaging Support Strategy

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Questionnaire has been developed by project schedule and level of human Laboratory Capacity cooperative the NEDSS program to gather and technical support needed to agreement. information needed for formulating a complete the jurisdiction’s Questionnaires will be distributed to technical and project management implementation of a nationally jurisdictions that initiate MMG support strategy for 57 reporting notifiable condition message. NEDSS implementation for a condition; jurisdictions (i.e., 50 states, 5 territories, infrastructure implementation support therefore, the maximum annual and 2 cities (New York City, NY and includes, but is not limited to frequency of responses per jurisdiction Washington, DC)) as they implement implementing NEDSS Message is three. The NEDSS team will request NEDSS messaging using MMGs. A Subscription Service (MSS) and NEDSS the jurisdiction to voluntarily complete jurisdiction’s response to the Messaging Solution (NMS) software in the questionnaire, but a response is not questionnaire will be used by the requesting jurisdictions; providing MSS a pre-requisite for support. NEDSS implementation and and NMS software training and ongoing There is no cost to respondents other management teams to assess the than their time to participate in the technical support; and distributing jurisdiction’s IT system environment survey. The total estimated annual funding via the CDC Epidemiology and and capacity and help determine the burden hours are 114.

ESTIMATE OF ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Respondents Form name respondents responses per response respondent (in hours)

State, Territory and Local Public Health De- National Notifiable Condition Messaging 57 3 40/60 partment. Support Strategy Questionnaire.

Dated: August 23, 2010. OMB recommends that written its use, or intended use, conform to the Maryam I. Daneshvar, comments be faxed to the Office of terms of an exemption for Reports Clearance Officer, Centers for Disease Information and Regulatory Affairs, investigational use; or (3) a food contact Control and Prevention. OMB, Attn: FDA Desk Officer, FAX: notification submitted under section [FR Doc. 2010–21497 Filed 8–27–10; 8:45 am] 202–395–7285, or emailed to 409(h) of the FD&C Act is effective. _ BILLING CODE 4163–18–P oira [email protected]. All Food additive petitions (FAPs) are comments should be identified with the submitted by individuals or companies OMB control number 0910–0016. Also to obtain approval of a new food DEPARTMENT OF HEALTH AND include the FDA docket number found additive or to amend the conditions of HUMAN SERVICES in brackets in the heading of this use permitted under an existing food document. additive regulation. Section 171.1 of Food and Drug Administration FOR FURTHER INFORMATION CONTACT: FDA’s regulations (21 CFR 171.1) [Docket No. FDA–2010–N–0258] Denver Presley, Jr., Office of Information specifies the information that a Management, Food and Drug petitioner must submit in order to Agency Information Collection Administration, 1350 Piccard Dr., PI50– establish that the proposed use of a food Activities; Submission for Office of 400B, Rockville, MD 20850, 301–796– additive is safe and to secure the Management and Budget Review; 3793. publication of a food additive regulation describing the conditions under which Comment Request; Submission of SUPPLEMENTARY INFORMATION: In the additive may be safely used. Parts Petitions: Food Additive, Color compliance with 44 U.S.C. 3507, FDA 172, 173, 179, and 180 (21 CFR parts Additive (Including Labeling), and has submitted the following proposed 172, 173, 179, and 180) contain labeling Generally Recognized as Safe collection of information to OMB for requirements for certain food additives Affirmation; Submission of Information review and clearance. to a Master File in Support of Petitions; to ensure their safe use. Electronic Submission Using Food and Submission of Petitions: Food Additive, Section 721(a) of the FD&C Act (21 Drug Administration Form 3503 Color Additive (Including Labeling), U.S.C. 379e(a)) provides that a color and Generally Recognized as Safe additive shall be deemed to be unsafe AGENCY: Food and Drug Administration, Affirmation; Submission of Information unless the additive and its use are in HHS. to a Master File in Support of Petitions; conformity with a regulation that ACTION: Notice. Electronic Submission Using FDA Form describes the condition(s) under which 3503—21 CFR 70.25, 71.1, 170.35, the additive may safely be used, or the SUMMARY: The Food and Drug 171.1, 172, 173, 179, and 180 (OMB additive and its use conform to the Administration (FDA) is announcing Control Number 0910–0016)—Revision terms of an exemption for that a proposed collection of Section 409(a) of the Federal Food, investigational use issued under section information has been submitted to the Drug, and Cosmetic Act (FD&C Act) (21 721(f) of the FD&C Act. Color additive Office of Management and Budget U.S.C. 348(a)) provides that a food petitions (CAPs) are submitted by (OMB) for review and clearance under additive shall be deemed to be unsafe, individuals or companies to obtain the Paperwork Reduction Act of 1995. unless: (1) The additive and its use, or approval of a new color additive or a DATES: Fax written comments on the intended use, are in conformity with a change in the conditions of use collection of information by September regulation issued under section 409 of permitted for a color additive that is 29, 2010. the FD&C Act that describes the already approved. Section 71.1 of the ADDRESSES: To ensure that comments on condition(s) under which the additive agency’s regulations (21 CFR 71.1) the information collection are received, may be safely used; (2) the additive and specifies the information that a

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petitioner must submit to establish the implement the GRAS provisions of the 3503 can be used to substitute for the safety of a color additive and to secure act, FDA has set forth procedures for the ‘‘Dear Sir’’ section of 21 CFR 71.1(c) for the issuance of a regulation permitting GRAS affirmation petition process in a CAP and 21 CFR 171.1(c) for a FAP. its use. FDA’s color additive labeling § 170.35(c)(1) of its regulations (21 CFR The revised Form FDA 3503 provides requirements in § 70.25 (21 CFR 70.25) 170.35(c)(1)). While the GRAS for submitters to indicate the date of require that color additives that are to be affirmation petition process still exists, their most recent presubmission used in food, drugs, devices, or FDA has not received a GRAS consultation activity with FDA. The cosmetics be labeled with sufficient affirmation petition since the revised Form FDA 3503 can also be information to ensure their safe use. establishment of the voluntary GRAS used to organize information within a FDA scientific personnel review FAPs notification program and is not Master File submitted in support of to ensure the safety of the intended use expecting any during the period covered petitions according to the items listed of the additive in or on food or that may by this proposed extension of collection on the form. Master Files can be used as be present in food as a result of its use of information. repositories for information that can be in articles that contact food. Likewise, Currently, interested persons may referenced in multiple submissions to FDA personnel review color additive transmit regulatory submissions to the the Agency, thus minimizing paperwork petitions to ensure the safety of the Office of Food Additive Safety in the burden for food and color additive color additive prior to its use in food, Center for Food Safety and Applied drugs, cosmetics, or medical devices. Nutrition using Form FDA 3503 for FAP approvals. The revised Form FDA 3503 Under section 201(s) of the FD&C Act and Form FDA 3504 for CAP. FDA is is formatted to accept submissions for (21 U.S.C. 321(s)), a substance is revising Form FDA 3503 to better enable both FAP and CAP, thus making Generally Recognized as Safe (GRAS) if its use for electronic submission and to redundant Form FDA 3504 for it is generally recognized among experts permit its use for multiple types of collecting CAP submissions. Therefore, qualified by scientific training and submissions, which eliminates the need FDA is eliminating Form FDA 3504. experience to evaluate its safety, to be for Form FDA 3504. Because Form FDA Description of respondents: safe through either scientific procedures 3503 helps the respondent organize Respondents are businesses engaged in or common use in food. The FD&C Act their submission to focus on the the manufacture or sale of food, food historically has been interpreted to information needed for FDA’s safety ingredients, color additives, or permit food manufacturers to make their review, FDA now recommends that this substances used in materials that come own initial determination that use of a form be used for FAPs and CAPs, into contact with food. substance in food is GRAS and whether submitted in electronic format In the Federal Register of June 14, thereafter seek affirmation of GRAS or paper format. FDA estimates that the status from FDA. FDA reviews petitions amount of time for respondents to 2010 (75 FR 33624), FDA published a for affirmation of GRAS status that are complete the revised FDA Form 3503 60-day notice requesting public submitted on a voluntary basis by the will continue to be 1 hour. The revised comment on the proposed collection of food industry and other interested Form FDA 3503 can be used to submit information. No comments were parties under authority of sections 201, information to FDA in electronic format received. 402, 409, and 701 of the FD&C Act (21 using the Electronic Submission FDA estimates the burden of this U.S.C. 321, 342, 348, and 371). To Gateway portal. The revised Form FDA collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

21 CFR Section/ No. of Annual Frequency Total Annual Hours per Total Operating and Total FDA Form Respondents per Response Responses Response Maintenance Costs Hours

70.25, 71.1 2 1 2 1,337 $5,600 2,674

GRAS Affirmation Petitions

170.35 1 or fewer 1 1 or fewer 2,614 0 2,614

FAPs

171.1 3 1 3 7,093 0 21,279

FDA Form 3503 6 1 6 1 0 6

Total $5,600 26,573 1 There are no capital costs associated with this collection of information.

The estimate of burden for food of petitions received in the past 4 years. work of drafting the petition itself. The additive, color additive, or GRAS The figures for ‘‘Hours per Response’’ are burden varies depending on the affirmation petitions is based on FDA’s based on estimates from experienced complexity of the petition, including the experience and the average number of persons in the Agency and in industry. amount and types of data needed for new petitions received in calendar years Although the estimated hour burden scientific analysis. 2006, 2007, 2008, and 2009, and the varies with the type of petition Color additives are subjected to total hours expended in preparing the submitted, an average petition involves payment of fees for the petitioning petitions. In compiling these estimates, analytical work and appropriate process. The listing fee for a color FDA consulted its records of the number toxicological studies, as well as the additive petition ranges from $1,600 to

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$3,000, depending on the intended use Title VI, Part A: Grants for Native grantees will receive priority of the color and the scope of the Americans; Part B: Grants for Native consideration. Successful applications requested amendment. A complete Hawaiian Programs; and Part C: Grants from new applicants will be funded schedule of fees is set forth in 21 CFR for the Native American Caregiver pending the availability of funds or at 70.19. An average of one Category A and Support Program. the discretion of the Assistant Secretary one Category B color additive petition is Announcement Type: This is the for Aging. For those applying for Title expected per year. The maximum color initial announcement for this funding VI, Parts A or B funding you have the additive petition fee for a Category A opportunity. option to also apply for Part C. petition is $2,600 and the maximum Funding Opportunity Number: However, to apply for Part C, you must color additive petition fee for a Category Program Announcement No. is HHS– apply for both Part A and Part C or Part B petition is $3,000. Because an average 2011–AoA–TitleVI–1101. B and Part C. of two color additive petitions are Statutory Authority: The Older III. Eligibility Criteria and Other expected per calendar year, the Americans Act, Public Law 109–365. Requirements estimated total annual cost burden to Catalog of Federal Domestic petitioners for this startup cost would be Assistance (CFDA) Number: 93.047, 1. Eligible Applicants less than or equal to $5,600 (1 x $2,600 Title VI Parts A and B and 93.054, Title Eligibility for grant awards is limited + 1 x $3,000 listing fees = $5,600). There VI Part C. to all current Title VI, Part A and Part are no capital costs associated with Dates: The deadline date for the B grantees; current grantees who wish to color additive petitions. submission of applications is November leave a consortium; and eligible The labeling requirements for food 30, 2010. and color additives were designed to federally recognized Indian tribal specify the minimum information I. Funding Opportunity Description organizations that are not now participating in Title VI and would like needed for labeling in order that food This announcement seeks proposals to apply as a new grantee. Those tribes and color manufacturers may comply for grants to provide nutritional and who were a part of a consortium with all applicable provisions of the supportive services to Indian elders and receiving a Title VI grant in 1991 and FD&C Act and other specific labeling Alaskan Natives under Part A; Native applying individually will be acts administered by FDA. Label Hawaiian elders under Part B; and considered a ‘‘current grantee.’’ Proof of information does not require any Family Caregiver support services under being a part of a consortium that was additional information gathering beyond Part C of the OAA. The goal of these funded in FY 1991 must be submitted what is already required to assure programs is to increase home and as part of the application. A tribal conformance with all specifications and community-based services to older organization or Indian tribe must meet limitations in any given food or color Indians, Alaskan Natives and Native the application requirements contained additive regulation. Label information Hawaiians, that respond to local needs in sections 612(a), 612(b), and 612(c) of does not have any specific and are consistent with evidence-based the OAA and 45 CFR 1326.19. A public recordkeeping requirements unique to practices. A detailed description of the or nonprofit private organization serving preparing the label. Therefore, because funding opportunity may be found at Native Hawaiians must meet the labeling requirements under § 70.25 for http://www.grants.gov, http:// application requirements contained in a particular color additive involve www.aoa.gov under Grant Opportunities sections 622(1), 622(2), and 625 of the information required as part of the CAP →Funding Opportunities, or http:// OAA and 45 CFR 1328.19. Under the safety review process, the estimate for www.olderindians.org. number of respondents is the same for Native American Caregiver Support II. Award Information §§ 70.25 and 71.1, and the burden hours Program, a tribal or Native Hawaiian organization must meet the for labeling are included in the estimate 1. Funding Instrument Type requirements as contained in section for § 71.1. Also, because labeling Grant. requirements under parts 172, 173, 179, 631 of the OAA. These sections are and 180 for particular food additives 2. Anticipated Total Priority Area described in the application kit. involve information required as part of Funding per Budget Period 2. Cost Sharing or Matching the FAP safety review process under The Administration on Aging (AoA) Cost Sharing or matching does not § 171.1, the burden hours for labeling will accept applications for funding for apply to these grants. are included in the estimate for § 171.1. a three-year project period, April 1, Dated: August 19, 2010. 2011 to March 31, 2014, in FY 2011 3. D–U–N–S Number David Dorsey, under the OAA, Title VI, Part A: Grants All grant applicants must obtain a Acting Deputy Commissioner for Policy, for Native Americans; Part B: Grants for D–U–N–S number from Dun and Planning and Budget. Native Hawaiian Programs; and Part C: Bradstreet. It is a nine-digit [FR Doc. 2010–21388 Filed 8–27–10; 8:45 am] Grants for the Native American identification number, which provides BILLING CODE 4160–01–S Caregiver Support Program. Current unique identifiers of single business annual funding levels for Title VI, Part entities. The D–U–N–S number is free A and Part B range from $76,160 to and easy to obtain from http:// DEPARTMENT OF HEALTH AND $186,000. Current annual funding levels www.dnb.com/US/duns_update/ or by HUMAN SERVICES for Title VI, Part C range from $14,410 calling their live help line at 1–888– to $57,680. Distribution of funds among 814–1435. Applicants are also Administration on Aging tribal organizations and Native encouraged to check their Web site for Hawaiian organizations is subject to the Funding Opportunity other pertinent information regarding availability of appropriations to carry this process. Purpose of Notice: Availability of out Title VI. Funding is based on the 4. Intergovernmental Review funding opportunity announcement. number of eligible elders age 60 and Funding Opportunity Title/Program older in your proposed service area. Executive Order 12372, Name: Older Americans Act (OAA), Successful applications from current Intergovernmental Review of Federal

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Programs, is not applicable to these requirements will be considered for Agenda: To review and evaluate contract grant applications. funding. proposals. Place: National Institutes of Health, 6701 IV. Application and Submission VI. Application Review Information Rockledge Drive, Bethesda, MD 20892 Information Not Applicable (Telephone Conference Call). Contact Person: Youngsuk Oh, PhD, 1. Address To Request Application VII. Agency Contacts Scientific Review Officer, Review Branch/ Package For further information/questions DERA, National Heart, Lung, and Blood Institute, 6701 Rockledge Drive, Room 7182, Application kits are available by regarding your application, contact M. writing to the U.S. Department of Health Bethesda, MD 20892–7924, 301–435–0277, Yvonne Jackson, Ph.D., U.S. Department [email protected]. and Human Services, Administration on of Health and Human Services, Aging, Office for American Indian, (Catalogue of Federal Domestic Assistance Administration on Aging, Office for Program Nos. 93.233, National Center for Alaskan Native, and Native Hawaiian American Indian, Alaskan Native, and Programs, Washington, DC 20001; by Sleep Disorders Research; 93.837, Heart and Native Hawaiian Programs, One Vascular Diseases Research; 93.838, Lung calling Cecelia Aldridge, telephone: Massachusetts Avenue, NW., Room Diseases Research; 93.839, Blood Diseases (202) 357–3422; or online at http:// 5013, Washington, DC 20001; telephone and Resources Research, National Institutes www.grants.gov, http://www.aoa.gov of Health, HHS) → (202) 357–3501; fax (202) 357–3560; under Grant Opportunities Funding e-mail [email protected]. Opportunities, or http:// Dated: August 24, 2010. www.olderindians.org. Dated: August 24, 2010. Jennifer S. Spaeth, Kathy Greenlee, Director, Office of Federal Advisory 2. Application Submission Assistant Secretary for Aging. Committee Policy. Requirements [FR Doc. 2010–21565 Filed 8–27–10; 8:45 am] [FR Doc. 2010–21526 Filed 8–27–10; 8:45 am] An original and complete application BILLING CODE 4154–01–P BILLING CODE 4140–01–P must include all attachments and be signed by the principal official of the tribe. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Applicants are encouraged to submit HUMAN SERVICES HUMAN SERVICES applications electronically via e-mail to [email protected] with the National Institutes of Health Food and Drug Administration following in the subject line of the e-mail: ‘‘FY2011–2014 Title VI National Heart, Lung, and Blood [Docket No. FDA–2010–N–0445] Application: (insert your tribal Institute; Notice of Closed Meetings Supplemental Funding Under the Food organization name).’’ Pursuant to section 10(d) of the If sending via overnight delivery and Drug Administration’s Food Federal Advisory Committee Act, as Emergency Response Laboratory service, applications must be submitted amended (5 U.S.C. App.), notice is to the U.S. Department of Health and Network Microbiological Cooperative hereby given of the following meetings. Agreement Program (U18) PAR–09– Human Services, Administration on The meetings will be closed to the Aging, Office of Grants Management, 215; Request for Supplemental public in accordance with the Applications One Massachusetts Ave., NW., Room provisions set forth in sections 4714, Washington, DC 20001, attn: Yi- 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., AGENCY: Food and Drug Administration, Hsin Yan. as amended. The grant applications and HHS. Faxed applications will not be the discussions could disclose accepted. ACTION: Notice of intent to provide confidential trade secrets or commercial supplemental funding to the existing 3. Submission Dates and Times property such as patentable material, cooperative agreement (U18), PAR–09– To receive consideration, applications and personal information concerning 215, with the Food and Drug must be received electronically by 11:59 individuals associated with the grant Administration and a request for p.m. EST on November 30, 2010, or applications, the disclosure of which supplemental applications. postmarked by the overnight delivery would constitute a clearly unwarranted service no later than November 30, invasion of personal privacy. SUMMARY: The Food and Drug 2010. If AoA’s Name of Committee: National Heart, Lung, Administration (FDA) is announcing the [email protected] e-mail site and Blood Institute Special Emphasis Panel, availability of supplemental grant funds cannot reasonably be used, a hard copy Resource for Biopreservation. for the support of Food Emergency application and all attachments must be Date: September 14, 2010. Response Laboratory Network (FERN) Time: 1 p.m. to 3 p.m. Microbiological Laboratories. The goal provided to an overnight delivery Agenda: To review and evaluate grant service and documented with a receipt of these FERN Microbiological applications. Laboratories supplements is a minor by November 30, 2010. Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 program expansion to enhance the lab V. Screening Criteria (Telephone Conference Call). capabilities to handle human Each application submitted will be Contact Person: William J Johnson, PhD, pathogenic bacteria in animal feed. screened to determine whether it was Scientific Review Officer, Review Branch/ DATES: Important dates are as follows: received by the closing date and time. DERA, National Heart, Lung, and Blood 1. The supplemental application due In addition, applications received by the Institute, 6701 Rockledge Drive, Room 7178, date is August 30, 2010. Bethesda, MD 20892–7924, 301–435–0725, closing date and time will be screened [email protected]. 2. The anticipated start date is for completeness and conformity with September 2010. Name of Committee: National Heart, Lung, the requirements outlined in Sections III and Blood Institute Special Emphasis Panel, 3. The opening date is August 30, and IV of this Notice and the Program Cardiovascular Computational Model. 2010. Announcement. Only completed and Date: September 17, 2010. 4. The expiration date is September 6, signed applications that meet these Time: 1 p.m. to 2 p.m. 2010.

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FOR FURTHER INFORMATION CONTACT: Tim and its meetings. Supplemental funds • If it participates in FERN proficiency McGrath, Office of Regulatory Affairs, may not be used for Federal employees testing; and Food and Drug Administration, 5600 to travel to or participate in these • If it has a geographically balanced Fishers Lane, rm. 12–41, Rockville, MD meetings. distribution of the selected laboratories. 20857, 301–827–1028, email: B. Research Objectives II. Award Information/Funds Available [email protected]; or Camille R. Peake, Food and Drug Selected FDA FERN Microbiological A. Award Amount Administration, 5630 Fishers Lane, rm. Cooperative Agreement Laboratories FDA anticipates providing 2105, Rockville, MD 20857, 301–827– (CAP labs) will participate in a special approximately $50,000 total costs 7168, FAX: 301–827–7101, email: Cooperative Agreement program to (direct costs only) in support of this [email protected]. enhance their ability to handle human supplemental program in fiscal year pathogenic bacteria in animal feed. This 2010. It is estimated that up to six SUPPLEMENTARY INFORMATION: additional program will be compatible microbiological laboratories will be I. Funding Opportunity Description with other FERN Cooperative supplemented at the level requested, but Agreement work that the selected not exceeding $50,000 total costs (direct For more information on the original laboratories will be performing. This costs only) for a 1-year minor program funding opportunity announcement special program will involve screening expansion. (FOA) for the FERN Microbiological and detection studies for selected Laboratories, please refer to the full pathogens (Listeria, Salmonella, B. Length of Support FOA located at http://grants.nih.gov/ Escherichia coli O157:H7 and generic E. The initial award will be for a 1-year grants/guide/pa-files/PAR–09–215.html. coli). The isolates will be tested using performance period and any additional The program is further described in the methods agreed upon in consultation funding related to this supplement will Catalog of Federal Domestic Assistance with the Center for Veterinary be dependant on successful under 93.103. Medicine’s (CVM) Office of Research, performance and fiscal appropriations. A. Background most of which are already being used to isolate these organisms from human III. Paper Application and Submission This Federal Register announcement foods. The selected labs will participate Information issued by FDA under the FERN in FERN food defense/food safety To submit an application in response Microbiological Cooperative Agreement to this supplemental notice, applicants Program Grant mechanism (U18) is to assignments. The participation in this should download the PHS–398 form at solicit applications from existing FERN cooperative agreement will expand the http://grants.nih.gov/grants/funding/ Microbiology Laboratories to enhance ability of FERN to screen for potential phs398/phs398.html. current Cooperative Agreement Program foodborne pathogens in these feed matrices. In addition, this project will Submit the paper application to: (CAP) capabilities. The FERN Camille R. Peake, Food and Drug cooperative agreements are to enable the provide CVM with information needed to assess future testing needs. Administration, 5630 Fishers Lane, analyses of foods and food products in rm. 2105, Rockville, MD 20857, the event that laboratory surge capacity C. Eligibility Information 301–827–7168; and is needed by FERN and FDA for Jenny Gabb, Office of Regulatory analyses related to microbiological These supplemental grant funds are only available to existing grant Affairs (HFC–150), Food and Drug contamination, either through Administration, 5600 Fishers Lane, intentional or unintentional means. The recipients from State, local, and tribal government FERN laboratories and are rm. 12–07, Rockville, MD 20857, supplemental grant funds will enable 301–827–8299. analyses of human pathogenic bacteria authorized by section 312 of the Public found in animal feed, for samples Health Security and Bioterrorism Dated: August 24, 2010. collected by Federal, State, or local Preparedness and Response Act of 2002 Leslie Kux, agencies. Numbers of samples and (Public Law 107–188) (42 U.S.C. 247b- Acting Assistant Commissioner for Policy. scheduling of samples will be done by 20). This program is described in the [FR Doc. 2010–21480 Filed 8–27–10; 8:45 am] Catalog of Federal Assistance under the FERN National Program Office BILLING CODE 4160–01–S (NPO) in coordination with State/local number 93.448. All projects developed lab authorities. with these funds at State, local, and These supplemental grant funds will tribal levels must have national DEPARTMENT OF HEALTH AND also be utilized to enhance animal feed implication or application that can HUMAN SERVICES analysis results through the usage of enhance Federal food and feed safety standardized methods, equipment and security programs. Agency for Healthcare Research and Quality platforms (provided by the grant), D. Requirements analytical worksheets, and electronic Solicitation for Nominations for reporting. The supplemental funds will Laboratories will be selected based on Members of the U.S. Preventive also provide training and proficiency the following criteria: • Services Task Force (USPSTF) testing for each method/platform. If it’s an existing FDA FERN Minimal quality management systems Microbiological Cooperative Agreement AGENCY: Agency for Healthcare Research will be initiated for each lab, based on Laboratory; and Quality (AHRQ), HHS. • If it has routine microbiological existing systems in place in each lab ACTION: Solicits nominations for new and consultations between the FERN capabilities as demonstrated through members of USPSTF. NPO and each lab management group. established, ongoing State testing Each laboratory shall develop its own programs, preferably those involving SUMMARY: The Agency for Healthcare consensus decisionmaking, size, and animal feed testing; Research and Quality (AHRQ) invites format. Federal agency representatives • If it participates in FERN Food nominations of individuals qualified to may be invited to be nonmember Safety/Food Defense surveillance serve as members of the U.S. Preventive liaisons or advisors to the laboratory assignments; Services Task Force (USPSTF).

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The USPSTF, a standing, independent may be selected based on their expertise AHRQ will later ask persons under panel of non-Federal experts that makes in methodological issues such as serious consideration for membership to evidence-based recommendations to the medical decisionmaking, clinical provide detailed information that will health care community and the public epidemiology, behavioral medicine, permit evaluation of possible significant regarding the provision of clinical health equity, and health economics. conflicts of interest. Such information preventive services, see 42 U.S.C. 299b– For individuals with clinical expertise will concern matters such as financial 4(a), is composed of members appointed in primary health care, additional holdings, consultancies, and research to serve for four-year terms with an qualifications in one or more of these grants or contracts. option for reappointment. New areas would enhance their candidacy. Nominee Selection members are selected each year to Consideration will be given to replace approximately one fourth of the individuals who are recognized Appointments to the USPSTF will be USPSTF members, i.e., those who are nationally for scientific leadership made on the basis of qualifications as completing their appointments. within their field of expertise. outlined above (see Qualification Individuals nominated but not Applicants must have no substantial Requirements) and the current expertise appointed in previous years, as well as conflicts of interest, whether financial, needs of the USPSTF. those newly nominated, are considered professional, or other conflicts, that Arrangement for Public Inspection in the annual selection process. would impair the scientific integrity of USPSTF members meet three times a the work of the USPSTF. Nominations and applications are kept on file at the Center for Primary year for two days in the Washington, DC DATES: All nominations submitted in Care, Prevention, and Clinical area. Between meetings, member duties writing or electronically, and received Partnerships, AHRQ, and are available include reviewing and preparing by Friday, October 1, 2010, will be for review during business hours. AHRQ comments (off site) on systematic considered for appointment to the does not reply to individual evidence reviews prior to discussing USPSTF. and making recommendations on Nominated individuals will be nominations, but considers all preventive services, drafting final selected for the USPSTF on the basis of nominations in selecting members. recommendation documents, and their qualifications (in particular, those Information regarded as private and participating in workgroups on specific that address the required qualifications, personal, such as a nominee’s social topics or methods. outlined above) and the current security number, home and e-mail A diversity of perspectives is valuable expertise needs of the USPSTF. It is addresses, home telephone and fax to the work of the USPSTF. To help anticipated that two or three individuals numbers, or names of family members obtain a diversity of perspectives among will be invited to serve on the USPSTF will not be disclosed to the public. This nominees, AHRQ particularly beginning in January, 2011. All is in accord with AHRQ confidentiality encourages nominations of women, individuals will be considered; policies and Department of Health and members of minority populations, and however, strongest consideration will be Human Services regulations (45 CFR persons with disabilities. Interested given to individuals with demonstrated 5.67). individuals can self nominate. training and expertise in a specific area FOR FURTHER INFORMATION CONTACT: Organizations and individuals may such as family medicine, internal Gloria Washington at nominate one or more persons qualified medicine, obstetrics/gynecology, [email protected]. for membership on the USPSTF. pediatrics, nursing, behavioral Qualification Requirements: The SUPPLEMENTARY INFORMATION: medicine, health equity or methodology. mission of the USPSTF is to review the AHRQ will retain and consider for Background scientific evidence related to the future vacancies the nominations of effectiveness and appropriateness of Under Title IX of the Public Health those not selected during this cycle. clinical preventive services for the Service Act, AHRQ is charged with purpose of developing ADDRESSES: Submit your responses enhancing the quality, appropriateness, recommendations for the health care either in writing or electronically to: and effectiveness of health care services community. Therefore, in order to Gloria Washington, ATTN: USPSTF and access to such services. 42 U.S.C. qualify for the USPSTF, an applicant or Nominations, Center for Primary Care, 299(b). AHRQ accomplishes these goals nominee MUST demonstrate the Prevention, and Clinical Partnerships, through scientific research and following: Agency for Healthcare Research and promotion of improvements in clinical 1. Knowledge and experience in the Quality, 540 Gaither Road, Rockville, practice, including clinical prevention critical evaluation of research published Maryland 20850, of diseases and other health conditions, in peer reviewed literature and in the [email protected]. and improvements in the organization, financing, and delivery of health care methods of evidence review; Nomination Submissions 2. Understanding and experience in services. See 42 U.S.C. 299(b). the application of synthesized evidence Nominations may be submitted in The USPSTF is a panel of non-Federal to clinical decisionmaking and/or writing or electronically, but must experts that makes independent policy; include: evidence-based recommendations 3. Expertise in disease prevention and (1) The applicant’s current curriculum regarding the provision of clinical health promotion; vitae and contact information, including preventive services. See 42 U.S.C. 299b– 4. Ability to work collaboratively with mailing address, e-mail address, and 4(a). The USPSTF was first established peers; and telephone number and in 1984 under the auspices of the U.S. 5. Clinical expertise in the primary (2) A letter explaining how this Public Health Service. Currently, the health care of children and/or adults, individual meets the qualification USPSTF is convened by the Director of and/or expertise in counseling and requirements and how he/she would AHRQ, and AHRQ provides ongoing behavioral interventions for primary contribute to the USPSTF. The letter administrative, research and technical care patients. should also attest to the nominee’s support for the USPSTF’s operation. Some USPSTF members without willingness to serve as a member of the The USPSTF is charged with rigorously primary health care clinical experience USPSTF. evaluating the effectiveness and

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appropriateness of clinical preventive e-mail at the initial period of performance is services and formulating or updating [email protected]. scheduled to end on September 30, recommendations for primary care SUPPLEMENTARY INFORMATION: 2010. Section 10313 of the Patient clinicians regarding the appropriate Protection and Affordable Care Act provision of preventive services. See 42 I. Background (ACA), (Pub. L. 111–148) mandates an U.S.C. 299b–4(a)(1). AHRQ is charged Section 410A(a) of Public Law 108– extension and expansion of the Rural with the dissemination of 173 required the Secretary to establish Community Hospital demonstration for recommendations. In addition to hard a demonstration program to test the 5 years. In order for other hospitals to copy materials (that may be obtained feasibility and advisability of begin participation in this new from the Publications Clearing house), establishing cost-based reimbursement demonstration for the 5-year extension current USPSTF recommendations and for ‘‘rural community hospitals’’ to period, rural community hospitals must associated evidence reviews are furnish covered inpatient hospital be located among the 20 States with the available on the Internet (http:// services to Medicare beneficiaries. The lowest population density—according to [email protected]). demonstration pays rural community the same criteria and data as the original demonstration. These States are: Alaska, Dated: August 18, 2010. hospitals for such services under a cost- Arizona, Arkansas, Colorado, Idaho, Carolyn M. Clancy, based methodology for Medicare payment purposes for covered inpatient Iowa, Kansas, Maine, Minnesota, Director. Mississippi, Montana, Nebraska, [FR Doc. 2010–21500 Filed 8–27–10; 8:45 am] hospital services furnished to Medicare beneficiaries. A rural community Nevada, New Mexico, North Dakota, BILLING CODE 4160–90–M Oklahoma, Oregon, South Dakota, Utah, hospital, as defined in section and Wyoming. (Source: U.S. Census 410A(f)(1) of Public Law 108–173, is a Bureau, Statistical Abstract of the hospital that— DEPARTMENT OF HEALTH AND United States: 2003). The statute States • Has fewer than 51 acute care HUMAN SERVICES that no more than 30 rural community inpatient beds (excluding beds in a hospitals can participate, and that those Centers for Medicare & Medicaid distinct psychiatric or rehabilitation hospitals participating in the Services unit of the hospital) as reported in its demonstration program as of the date of most recent cost report; [CMS–5051–N] the last day of the initial 5-year period • Provides 24-hour emergency care will be allowed to continue in the services; and Medicare Program; Rural Community program. Up to 20 additional hospitals • Is not designated or eligible for Hospital Demonstration Program: will be able to begin participation in the designation as a critical access hospital Solicitation of Additional Participants demonstration. under section 1820 of the Social AGENCY: Centers for Medicare & Security Act (the Act). II. Provisions of the Notice Medicaid Services (CMS). Section 410A(a)(4) of Public Law 108– This notice announces the solicitation ACTION: Notice. 173 specified that the Secretary was to for up to 20 additional hospitals to select for participation from among the SUMMARY: This notice announces a participate in the Rural Community applicants no more than 15 rural solicitation for up to 20 additional Hospital Demonstration Program. community hospitals in rural areas of eligible hospitals to participate in the Hospitals that enter the demonstration States that the Secretary identified as Rural Community Hospital under this solicitation will be able to having low population densities. Using Demonstration program for a 5-year participate for 5 years. 2002 data from the U.S. Census Bureau, period. we identified the 10 States with the A. Demonstration Payment Methodology DATES: Application Submission lowest population density in which Hospitals selected for the Deadline: Applications must be received rural community hospitals were to be demonstration will be paid the by 5 p.m. on or before October 14, 2010. located in order to participate in the reasonable costs of providing covered Only applications that are considered demonstration: Alaska, Idaho, Montana, inpatient hospital services, with the ‘‘timely’’ will be reviewed and Nebraska, Nevada, New Mexico, North exclusion of services furnished in a considered by the technical panel. Dakota, South Dakota, Utah, and psychiatric or rehabilitation unit that is ADDRESSES: The applications should be Wyoming. (Source: U.S. Census Bureau, a distinct part of the hospital, using the mailed or sent by an overnight delivery Statistical Abstract of the United States: following rules. For discharges service to the following address: Centers 2003). We solicited eligible hospitals occurring— for Medicare & Medicaid Services, among these States in 2004 and again in • In the first cost report period upon ATTN: Sid Mazumdar, Rural 2008. There are currently 10 hospitals the hospital’s participation in the Community Hospital Demonstration, participating in the demonstration. demonstration, reasonable costs for Medicare Demonstrations Program The demonstration is designed to test covered inpatient services; or Group, Mail Stop C4–17–27, 7500 the feasibility and advisability of • During the second or subsequent Security Boulevard, Baltimore, MD reasonable cost reimbursement for cost reporting period, the lesser of their 21244–1850. inpatient services to small rural reasonable costs or a target amount. The Please allow sufficient time for mailed hospitals. The demonstration is aimed target amount in the second cost information to be received in a timely at increasing the capability of the reporting period is defined as the manner in the event of delivery delays. selected rural hospitals to meet the reasonable costs of providing covered Because of staffing and resource needs of their service areas. inpatient hospital services in the first limitations, and because we require an Section 410A(a)(5) of Public Law 108– cost reporting period, increased by the application containing an original 173 required a 5-year demonstration inpatient prospective payment system signature, we cannot accept applications period of participation. The 5-year update factor (as defined in section by facsimile (Fax) transmission. periods of performance for the hospitals 1886(b)(3)(B) of the Act) for that FOR FURTHER INFORMATION CONTACT: Sid originally selected will end by June 30, particular cost reporting period. The Mazumdar at (410) 786–6673 or by 2010. For the hospitals selected in 2008, target amount in subsequent cost

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reporting periods is defined as the submit the information to CMS. The 601 South 12th Street, Arlington, VA preceding cost reporting period’s target burden associated with this requirement 20598–6011. amount increased by the hospital is currently approved under the Office FOR FURTHER INFORMATION CONTACT: inpatient prospective payment system of Management and Budget control Joanna Johnson at the above address, or (IPPS) update factor for that particular number 0938–0880 with an expiration by telephone (571) 227–3651. cost reporting period. date of November 20, 2010. SUPPLEMENTARY INFORMATION: Covered inpatient hospital services Authority: Section 10313 of the Patient means inpatient hospital services Protection and Affordable Care Act (Pub. L. Comments Invited (defined in section 1861(b) of the Act) 111–148) In accordance with the Paperwork and includes extended care services (Catalog of Federal Domestic Assistance Reduction Act of 1995 (44 U.S.C. 3501 furnished under an agreement under Program No. 93.773 Medicare—Hospital et seq.), an agency may not conduct or section 1883 of the Act. Insurance Program; and No. 93.774, Section 410A of Public Law 108–173 sponsor, and a person is not required to Medicare—Supplementary Medical respond to, a collection of information requires that, ‘‘in conducting the Insurance Program). unless it displays a valid OMB control demonstration program under this Dated: June 22, 2010. section, the Secretary shall ensure that number. The ICR documentation is Marilyn Tavenner, the aggregate payments made by the available at http://www.reginfo.gov. Secretary do not exceed the amount Acting Administrator and Chief Operating Therefore, in preparation for OMB Officer, Centers for Medicare & Medicaid review and approval of the following which the Secretary would have paid if Services. the demonstration program under this information collection, TSA is inviting section was not implemented.’’ In order [FR Doc. 2010–21512 Filed 8–27–10; 8:45 am] comments to— to achieve budget neutrality for this BILLING CODE P (1) Evaluate whether the proposed demonstration program in fiscal years information requirement is necessary for (FYs) 2005, 2006, 2007, 2008, 2009, and the proper performance of the functions of the agency, including whether the 2010, we adjusted the national IPPS DEPARTMENT OF HOMELAND information will have practical utility; rates by an amount sufficient to offset SECURITY the added costs of this demonstration (2) Evaluate the accuracy of the program. We presented an estimate of Transportation Security Administration agency’s estimate of the burden; the amount to offset additional costs (3) Enhance the quality, utility, and due to the demonstration program in FY [Docket No. TSA–2003–14610] clarity of the information to be 2011, including the costs of additional collected; and rural community hospitals, in the FY Intent To Request Renewal From OMB (4) Minimize the burden of the 2011 inpatient prospective payment of One Current Public Collection of collection of information on those who system/long-term care hospital Information: Security Threat are to respond, including using prospective payment system (IPPS/ Assessment for Individuals Applying appropriate automated, electronic, LTCH PPS) supplemental proposed rule for a Hazardous Materials mechanical, or other technological (see the June 2, 2010 Federal Register Endorsement for a Commercial Drivers collection techniques or other forms of (75 FR 30918)). License information technology. B. Participation in the Demonstration AGENCY: Transportation Security Information Collection Requirement Administration, DHS. To participate in the demonstration, a OMB Control Number 1652–0027; hospital must be located in one of the ACTION: 60 day Notice. Security Threat Assessment for Individuals Applying for a Hazardous identified States with low-population SUMMARY: The Transportation Security density and meet the criteria for a rural Materials Endorsement for a Administration (TSA) invites public Commercial Drivers License, 49 CFR community hospital. Eligible hospitals comment on one currently approved that desire to participate in the part 1572. TSA is requesting renewal of Information Collection Request (ICR), the currently approved ICR with minor demonstration must properly submit a Office of Management and Budget timely application. Information about changes. This collection supports the (OMB) control number 1652–0027, implementation of section 1012 of the the demonstration and details on how to abstracted below that we will submit to apply can be found on the CMS Web USA PATRIOT Act (Pub. L. 107–56, 115 OMB for renewal in compliance with Stat. 272, 396, Oct. 26, 2001), which site: http://www.cms.gov/ the Paperwork Reduction Act (PRA). DemoProjectsEvalRpts/downloads/ mandates that no State or the District of _ _ _ The ICR describes the nature of the Columbia may issue a hazardous 2004 Rural Community information collection and its expected Hospital_Demonstration_Program.pdf. materials endorsement (HME) on a burden. The collection involves commercial driver’s license (CDL) III. Collection of Information applicant submission of biometric and unless TSA has first determined the Requirements biographic information for TSA’s driver is not a threat to transportation The information collection security threat assessment in order to security. On November 24, 2004, TSA requirements contained in this notice obtain the hazardous materials published the final rule in the Federal are subject to the Paperwork Reduction endorsement (HME) on a commercial Register (69 FR 68720), codified at 49 Act of 1995. As discussed in section drivers license (CDL) issued by the U.S. CFR part 1572, that describes the II.B. of this notice, a hospital must States and the District of Columbia. procedures, standards, and eligibility submit the required information on the DATES: Send your comments by October criteria for security threat assessments cover sheet of the CMS Medicare Waiver 29, 2010. on individuals seeking to obtain, renew, Demonstration Application to receive ADDRESSES: Comments may be e-mailed or transfer a HME on a CDL. TSA consideration by the technical review to [email protected] or delivered to the subsequently amended the rule on panel. The burden associated is the time TSA PRA Officer, Office of Information January 25, 2007 (72 FR 3492). In order and effort necessary to complete the Technology (OIT), TSA–11, to conduct the security threat Medicare Waiver Application and Transportation Security Administration, assessment, States (or TSA’s agent in

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States that elect to have TSA perform DEPARTMENT OF HOMELAND ACTION: Notice. the collection of information) must SECURITY collect information in addition to that SUMMARY: This notice amends the notice already collected for the purpose of Federal Emergency Management of a major disaster declaration for the HME applications, which will occur Agency State of Iowa (FEMA–1930–DR), dated July 29, 2010, and related once approximately every five years. [Internal Agency Docket No. FEMA–3313– determinations. The driver is required to submit an EM; Docket ID FEMA–2010–0002] application that includes personal DATES: Effective Date: August 23, 2010. biographic information (for instance, Texas; Amendment No. 1 to Notice of FOR FURTHER INFORMATION CONTACT: height, weight, eye and hair color, date an Emergency Declaration Peggy Miller, Recovery Directorate, of birth); information concerning legal Federal Emergency Management AGENCY: Federal Emergency Agency, 500 C Street, SW., Washington, status, mental health defects history, Management Agency, DHS. and criminal history; as well as DC 20472, (202) 646–3886. ACTION: fingerprints. TSA is amending the Notice. SUPPLEMENTARY INFORMATION: The notice application to collect optional minor SUMMARY: This notice amends the notice of a major disaster declaration for the additional information, such as U.S. of an emergency declaration for the State of Iowa is hereby amended to Department of State forms showing birth State of Texas (FEMA–3313–EM), dated include the following areas among those abroad to U.S. citizens and U.S. June 29, 2010, and related areas determined to have been adversely passport number. This information determinations. affected by the event declared a major helps the applicant prove U.S. disaster by the President in his DATES: Effective Date: August 14, 2010. citizenship even though the applicant declaration of July 29, 2010. was born abroad. Also, the application FOR FURTHER INFORMATION CONTACT: Calhoun, Clarke, Dallas, Keokuk, and will ask the applicant to state whether Peggy Miller, Recovery Directorate, Washington Counties for Public Assistance. he is a new applicant, or is applying to Federal Emergency Management Hamilton and Ida Counties for Public renew or transfer the HME. This will Agency, 500 C Street, SW., Washington, Assistance (already designated for Individual DC 20472, (202) 646–3886. Assistance). enable the program to better understand The following Catalog of Federal Domestic and forecast driver retention, transfer SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident period for Assistance Numbers (CFDA) are to be used rate, and drop-rate to help improve for reporting and drawing funds: 97.030, customer service, reduce program costs, this emergency is closed effective Community Disaster Loans; 97.031, Cora and provide comparability with other August 14, 2010. Brown Fund; 97.032, Crisis Counseling; Federal background checks, including The following Catalog of Federal Domestic 97.033, Disaster Legal Services; 97.034, the Transportation Workers Assistance Numbers (CFDA) are to be used Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; Identification Credential (TWIC). TSA is for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora 97.048, Disaster Housing Assistance to removing items concerning military Brown Fund; 97.032, Crisis Counseling; Individuals and Households In Presidentially service. In addition, the rule (49 CFR 97.033, Disaster Legal Services; 97.034, Declared Disaster Areas; 97.049, part 1572) requires States to maintain a Disaster Unemployment Assistance (DUA); Presidentially Declared Disaster Assistance— copy of the driver application for a 97.046, Fire Management Assistance Grant; Disaster Housing Operations for Individuals period of one year. 97.048, Disaster Housing Assistance to and Households; 97.050 Presidentially Individuals and Households In Presidentially Declared Disaster Assistance to Individuals These changes should reduce the Declared Disaster Areas; 97.049, and Households—Other Needs; 97.036, burden on applicants, States, and TSA. Presidentially Declared Disaster Assistance— Disaster Grants—Public Assistance By receiving this information during the Disaster Housing Operations for Individuals (Presidentially Declared Disasters); 97.039, application process, requests for and Households; 97.050, Presidentially Hazard Mitigation Grant. Declared Disaster Assistance to Individuals additional information or W. Craig Fugate, and Households—Other Needs; 97.036, documentation will be reduced during Administrator, Federal Emergency the post-adjudication process. Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Management Agency. From 2011 through 2013, TSA Hazard Mitigation Grant. [FR Doc. 2010–21603 Filed 8–27–10; 8:45 am] estimates respondent drivers will spend BILLING CODE 9111–23–P approximately 2.9 million hours on the W. Craig Fugate, application and background check Administrator, Federal Emergency Management Agency. process. TSA estimates an annualized DEPARTMENT OF HOMELAND 300,000 respondents will apply for an [FR Doc. 2010–21601 Filed 8–27–10; 8:45 am] SECURITY HME, and that the application and BILLING CODE 9111–23–P Federal Emergency Management background check process will involve Agency 975,000 annualized hours. TSA DEPARTMENT OF HOMELAND estimates the total costs to respondent SECURITY [Internal Agency Docket No. FEMA–1931– drivers will be $80.3 million over the DR; Docket ID FEMA–2010–0002] three-year period ($27 million Federal Emergency Management Texas; Amendment No. 2 to Notice of annualized). Agency a Major Disaster Declaration Issued in Arlington, Virginia, on August [Internal Agency Docket No. FEMA–1930– AGENCY: 19, 2010. DR; Docket ID FEMA–2010–0002] Federal Emergency Management Agency, DHS. Joanna Johnson, Iowa; Amendment No. 4 to Notice of a ACTION: Notice. Paperwork Reduction Act Officer, Office of Major Disaster Declaration Information Technology. SUMMARY: This notice amends the notice [FR Doc. 2010–21316 Filed 8–27–10; 8:45 am] AGENCY: Federal Emergency of a major disaster declaration for the BILLING CODE 9110–05–P Management Agency, DHS. State of Texas (FEMA–1931–DR), dated

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August 3, 2010, and related areas determined to have been adversely sufficient severity and magnitude to warrant determinations. affected by the event declared a major a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency DATES: Effective Date: August 14, 2010. disaster by the President in his declaration of August 3, 2010. Assistance Act, 42 U.S.C. 5121 et seq. (the FOR FURTHER INFORMATION CONTACT: ‘‘Stafford Act’’). Therefore, I declare that such Peggy Miller, Recovery Directorate, Dawson County for Public Assistance. a major disaster exists in the State of Illinois. Federal Emergency Management (The following Catalog of Federal Domestic In order to provide Federal assistance, you Assistance Numbers (CFDA) are to be used are hereby authorized to allocate from funds Agency, 500 C Street, SW., Washington, available for these purposes such amounts as DC 20472, (202) 646–3886. for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora you find necessary for Federal disaster SUPPLEMENTARY INFORMATION: Notice is Brown Fund; 97.032, Crisis Counseling; assistance and administrative expenses. hereby given that the incident period for 97.033, Disaster Legal Services; 97.034, You are authorized to provide Individual this disaster is closed effective August Disaster Unemployment Assistance (DUA); Assistance in the designated areas and 14, 2010. 97.046, Fire Management Assistance Grant; Hazard Mitigation throughout the State. 97.048, Disaster Housing Assistance to Consistent with the requirement that Federal The following Catalog of Federal Domestic Individuals and Households In Presidentially assistance is supplemental, any Federal Assistance Numbers (CFDA) are to be used Declared Disaster Areas; 97.049, funds provided under the Stafford Act for for reporting and drawing funds: 97.030, Presidentially Declared Disaster Assistance— Hazard Mitigation and Other Needs Community Disaster Loans; 97.031, Cora Disaster Housing Operations for Individuals Assistance will be limited to 75 percent of Brown Fund; 97.032, Crisis Counseling; and Households; 97.050 Presidentially the total eligible costs. 97.033, Disaster Legal Services; 97.034, Declared Disaster Assistance to Individuals Further, you are authorized to make Disaster Unemployment Assistance (DUA); and Households—Other Needs; 97.036, changes to this declaration for the approved 97.046, Fire Management Assistance Grant; Disaster Grants—Public Assistance assistance to the extent allowable under the 97.048, Disaster Housing Assistance to (Presidentially Declared Disasters); 97.039, Stafford Act. Individuals and Households In Presidentially Hazard Mitigation Grant.) Declared Disaster Areas; 97.049, The time period prescribed for the Presidentially Declared Disaster Assistance— W. Craig Fugate, implementation of section 310(a), Priority to Certain Applications for Disaster Housing Operations for Individuals Administrator, Federal Emergency and Households; 97.050, Presidentially Management Agency. Public Facility and Public Housing Declared Disaster Assistance to Individuals Assistance, 42 U.S.C. 5153, shall be for and Households—Other Needs; 97.036, [FR Doc. 2010–21598 Filed 8–27–10; 8:45 am] a period not to exceed six months after Disaster Grants—Public Assistance BILLING CODE 9111–23–P the date of this declaration. (Presidentially Declared Disasters); 97.039, The Federal Emergency Management Hazard Mitigation Grant. Agency (FEMA) hereby gives notice that DEPARTMENT OF HOMELAND pursuant to the authority vested in the W. Craig Fugate, SECURITY Administrator, Federal Emergency Administrator, under Executive Order Management Agency. Federal Emergency Management 12148, as amended, Gregory W. Eaton, [FR Doc. 2010–21599 Filed 8–27–10; 8:45 am] Agency of FEMA is appointed to act as the BILLING CODE 9111–23–P Federal Coordinating Officer for this [Internal Agency Docket No. FEMA–1935– major disaster. DR; Docket ID FEMA–2010–0002] The following areas of the State of Illinois have been designated as DEPARTMENT OF HOMELAND Illinois; Major Disaster and Related adversely affected by this major disaster: SECURITY Determinations Carroll, Cook, DuPage, Jo Daviess, Ogle, Federal Emergency Management AGENCY: Federal Emergency Stephenson, and Winnebago Counties for Agency Management Agency, DHS. Individual Assistance. ACTION: Notice. All counties within the State of Illinois are [Internal Agency Docket No. FEMA–1931– eligible to apply for assistance under the DR; Docket ID FEMA–2010–0002] SUMMARY: This is a notice of the Hazard Mitigation Grant Program. Presidential declaration of a major The following Catalog of Federal Domestic Texas; Amendment No. 3 to Notice of Assistance Numbers (CFDA) are to be used a Major Disaster Declaration disaster for the State of Illinois (FEMA– 1935–DR), dated August 19, 2010, and for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora AGENCY: Federal Emergency related determinations. Brown Fund; 97.032, Crisis Counseling; Management Agency, DHS. DATES: Effective Date: August 19, 2010. 97.033, Disaster Legal Services; 97.034, ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Disaster Unemployment Assistance (DUA); Peggy Miller, Recovery Directorate, 97.046, Fire Management Assistance Grant; SUMMARY: This notice amends the notice 97.048, Disaster Housing Assistance to of a major disaster declaration for the Federal Emergency Management Individuals and Households In Presidentially State of Texas (FEMA–1931–DR), dated Agency, 500 C Street, SW., Washington, Declared Disaster Areas; 97.049, August 3, 2010, and related DC 20472, (202) 646–3886. Presidentially Declared Disaster Assistance— determinations. SUPPLEMENTARY INFORMATION: Notice is Disaster Housing Operations for Individuals hereby given that, in a letter dated and Households; 97.050, Presidentially DATES: Effective Date: August 18, 2010. August 19, 2010, the President issued a Declared Disaster Assistance to Individuals FOR FURTHER INFORMATION CONTACT: major disaster declaration under the and Households—Other Needs; 97.036, Disaster Grants—Public Assistance Peggy Miller, Recovery Directorate, authority of the Robert T. Stafford Federal Emergency Management (Presidentially Declared Disasters); 97.039, Disaster Relief and Emergency Hazard Mitigation Grant. Agency, 500 C Street, SW., Washington, Assistance Act, 42 U.S.C. 5121 et seq. DC 20472, (202) 646–3886. (the ‘‘Stafford Act’’), as follows: W. Craig Fugate, Administrator, Federal Emergency SUPPLEMENTARY INFORMATION: The notice I have determined that the damage in Management Agency. of a major disaster declaration for the certain areas of the State of Illinois resulting State of Texas is hereby amended to from severe storms and flooding during the [FR Doc. 2010–21605 Filed 8–27–10; 8:45 am] include the following area among those period of July 22 to August 7, 2010, is of BILLING CODE 9111–23–P

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DEPARTMENT OF HOMELAND The following areas of the State of Regulatory Affairs, OMB, by electronic SECURITY Missouri have been designated as mail at [email protected] or adversely affected by this major disaster: by fax at 202–395–5806. Please also Federal Emergency Management Adair, Andrew, Atchison, Buchanan, send a copy of your comments to the Agency Caldwell, Carroll, Cass, Chariton, Clark, Department of the Interior; Office of [Internal Agency Docket No. FEMA–1934– Clinton, Daviess, DeKalb, Gentry, Grundy, Policy Analysis, Attention: Don DR; Docket ID FEMA–2010–0002] Harrison, Holt, Howard, Jackson, Lafayette, Bieniewicz, Mail Stop 3530; 1849 C Lewis, Livingston, Mercer, Nodaway, Street, NW., Washington, DC 20240. If Missouri; Major Disaster and Related Putnam, Ray, Schuyler, Scotland, Sullivan, you wish to e-mail comments, the e- Determinations and Worth Counties for Public Assistance. mail address is All counties within the State of Missouri [email protected]. AGENCY: Federal Emergency are eligible to apply for assistance under the ‘‘ Hazard Mitigation Grant Program. Reference Klamath Non-use valuation Management Agency, DHS. survey’’ in your e-mail subject line. ACTION: Notice. The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used Include your name and return address in your e-mail message and mark your SUMMARY: This is a notice of the for reporting and drawing funds: 97.030, Presidential declaration of a major Community Disaster Loans; 97.031, Cora message for return receipt. disaster for the State of Missouri Brown Fund; 97.032, Crisis Counseling; DATES: OMB has 60 days to review this (FEMA–1934–DR), dated August 17, 97.033, Disaster Legal Services; 97.034, request but may act after 30 days, Disaster Unemployment Assistance (DUA); 2010, and related determinations. therefore you should submit your 97.046, Fire Management Assistance Grant; comments on or before September 29, DATES: Effective Date: August 17, 2010. 97.048, Disaster Housing Assistance to 2010. FOR FURTHER INFORMATION CONTACT: Individuals and Households In Presidentially Peggy Miller, Recovery Directorate, Declared Disaster Areas; 97.049, FOR FURTHER INFORMATION CONTACT: Federal Emergency Management Presidentially Declared Disaster Assistance— Benjamin Simon, Economics Staff Disaster Housing Operations for Individuals Director, Office of Policy Analysis, U.S. Agency, 500 C Street, SW., Washington, and Households; 97.050, Presidentially DC 20472, (202) 646–3886. Department of the Interior telephone at Declared Disaster Assistance to Individuals 202–208–5978 or by e-mail at SUPPLEMENTARY INFORMATION: Notice is and Households—Other Needs; 97.036, [email protected]. hereby given that, in a letter dated Disaster Grants—Public Assistance August 17, 2010, the President issued a (Presidentially Declared Disasters); 97.039, SUPPLEMENTARY INFORMATION: Hazard Mitigation Grant. major disaster declaration under the I. Abstract authority of the Robert T. Stafford W. Craig Fugate, Disaster Relief and Emergency Office of Management and Budget Administrator, Federal Emergency (OMB) regulations at 5 CFR 1320, which Assistance Act, 42 U.S.C. 5121 et seq. Management Agency. (the ‘‘Stafford Act’’), as follows: implement the Paperwork Reduction [FR Doc. 2010–21604 Filed 8–27–10; 8:45 am] Act of 1995 (Pub. L. 104–13), require I have determined that the damage in BILLING CODE 9111–23–P that interested members of the public certain areas of the State of Missouri and affected agencies have an resulting from severe storms, flooding, and tornadoes during the period of June 12 to July opportunity to comment on information 31, 2010, is of sufficient severity and DEPARTMENT OF THE INTERIOR collection and recordkeeping activities magnitude to warrant a major disaster (see 5 CFR 1320.8 (d)). This notice declaration under the Robert T. Stafford Office of the Secretary identifies an information collection Disaster Relief and Emergency Assistance activity that the Office of the Secretary Revision of Information Collection; Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford will submit to OMB for revision. Act’’). Therefore, I declare that such a major Non-Use Valuation Survey, Klamath The Klamath River provides habitat disaster exists in the State of Missouri. Basin for fall and spring run Chinook salmon In order to provide Federal assistance, you are hereby authorized to allocate from funds AGENCY: U.S. Department of the Interior. (Oncorhynchus tshawytscha), coho available for these purposes such amounts as ACTION: Notice; request for comments. salmon (Oncorhynchus kisutch), you find necessary for Federal disaster steelhead trout (Oncorhynchus mykiss), assistance and administrative expenses. SUMMARY: In compliance with section green sturgeon (Acipenser medirostris), You are authorized to provide Public 3506(c)(2)(A) of the Paperwork Pacific lamprey (Lampetra tridentate), Assistance in the designated areas and Reduction Act of 1995, the Office of the and Pacific eulachon (Thaleichthys Hazard Mitigation throughout the State. Secretary of the Department of the pacificus). Some of these species are Consistent with the requirement that Federal Interior announces the proposed important components of non-tribal assistance is supplemental, any Federal revision of an information collection harvest (e.g., fall Chinook, steelhead), funds provided under the Stafford Act for ‘‘Klamath Non-use Valuation Survey,’’ Public Assistance and Hazard Mitigation will some have important subsistence and be limited to 75 percent of the total eligible Office of Management and Budget cultural value to Klamath Basin tribes costs. (OMB) Control No. 1090–0010, and that (e.g., salmon, sturgeon, lamprey, Further, you are authorized to make it is seeking comments on its provisions. eulachon), and some are at low levels of changes to this declaration for the approved As required by the Paperwork abundance or Endangered Species Act- assistance to the extent allowable under the Reduction Act of 1995 and as part of our listed (e.g., spring Chinook, lamprey, Stafford Act. continuing efforts to reduce paperwork coho, eulachon). In addition to its The Federal Emergency Management and respondent burden, we invite the importance as fish habitat, the Klamath Agency (FEMA) hereby gives notice that general public and other Federal River also provides water to agriculture pursuant to the authority vested in the agencies to take this opportunity to through the Bureau of Reclamation’s Administrator, under Executive Order comment on this information collection. Klamath Irrigation Project. 12148, as amended, Jose M. Girot, of ADDRESSES: You may submit your Oversubscription of Klamath water has FEMA is appointed to act as the Federal comments directly to the Desk Officer thwarted recovery of depressed fish Coordinating Officer for this major for the Department of the Interior (OMB stocks and led to economic hardship for disaster. 1090–0010), Office of Information and farming and fishing communities—

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prompting Federal disaster relief for respondents and 7,496 non- (4) Ways to minimize the burden of farmers in 2001 and for fishermen in respondents). the collection of information on those 2006. Estimated Total Annual Responses: who are to respond, including through In November 2008 the U.S. 3,389. the use of appropriate automated, Government, the States of Oregon and Estimated Time per Response: The electronic, mechanical, or other California, and the utility company base for this survey is 10,885 collection techniques or other forms of PacifiCorp signed an agreement in households. The households will be information technology. principle (AIP) to remove four divided into two mailing groups, at a Burden means the total time, effort, or hydroelectric dams on the Klamath 10/90 split. The first wave of mailings financial resources expended by persons River by 2020. Dam removal is being will be to 10% of the households. 17% to generate, maintain, retain, disclose, or considered a viable alternative to of households are estimated to respond, prove information to or for a Federal volitional fish passage (ladders and which will take 30 minutes. Non- agency. screens), which was being considered respondents will take 3 minutes. The An agency may not conduct or by the Federal Energy Regulatory second mailing will be sent to the sponsor, and a person is not required to Commission (FERC) as a condition for remaining 83% of non-respondent respond to, a collection of information relicensing of PacifiCorp’s hydroelectric households. 10% of the households are unless it displays a currently valid project. Parties to the AIP are working estimated to respond to the second Office of Management and Budget with stakeholders (including tribes, mailing, taking 30 minutes. The second control number. fishers, farmers, conservation groups, group of non-respondents are estimated Dated: August 25, 2010. and local governments) to reach a final to spend 3 minutes. The Department Benjamin M. Simon, agreement that would result in the will then conduct preliminary analysis. Economics Staff Director, Office of Policy largest dam removal project in U.S. The second wave of mailings will be Analysis. history. If achieved, this agreement will to the remaining 90% of the households. [FR Doc. 2010–21521 Filed 8–27–10; 8:45 am] be part of a comprehensive solution to 17% of households are estimated to BILLING CODE 4310–RK–P species recovery, water allocation, and respond, which will take 30 minutes. water quality problems in the Klamath Non-respondents will take 3 minutes. Basin. The second phase will be sent to the DEPARTMENT OF THE INTERIOR In October 2011 the Secretary of the remaining 83% of non-respondent Interior is expected to make a final households. 10% of the households are Fish and Wildlife Service determination regarding dam removal, estimated to respond to the second [FWS–R2–ES–2010–N180; 20124–1113– contingent on results of an economic mailing, taking 30 minutes. The second 0000–F5] analysis that will address benefits, costs, group of non-respondents are estimated and distributional effects of dam to spend 3 minutes. Endangered and Threatened Species removal relative to volitional fish The remaining non-respondents from Permit Applications passage. Dam removal is expected to the second mailings will be split into AGENCY: have positive long-term effects on the Fish and Wildlife Service, two groups in a 80/20 split. It is Interior. viability of fish populations and other assumed that 65% of the non- aspects of the Klamath Basin ecosystem. ACTION: Notice of receipt of applications; respondent households will have a request for public comment. Benefits of these environmental phone number. Both groups will be sent improvements include ‘‘non-use values,’’ another copy of the survey. For the SUMMARY: The following applicants have which accrue to members of the public households with a phone number, a non applied for scientific research permits to who value such improvements response bias call will be made, taking conduct certain activities with regardless of whether they ever an estimated 2 to 5 minutes. endangered species under the consume Klamath fish or visit the Estimated Total Annual Burden Endangered Species Act of 1973, as Klamath Basin. An information Hours: 3,205 hours. amended (Act). The Act requires that we collection is planned in order to invite public comment on these permit implement a state-of-the-art non-use III. Request for Comments applications. valuation survey of the U.S. public that On June 9, 2009, we published in the DATES: To ensure consideration, written addresses the incremental Federal Register (74 FR 27340) a request comments must be received on or before environmental improvements of dam for public comments on this proposed September 29, 2010. removal relative to volitional fish survey. No comments were received. ADDRESSES: Written comments should passage. This data collection is intended This notice provides the public with an be submitted to the Chief, Endangered to address one component of an additional 30 days in which to comment Species Division, Ecological Services, economic analysis that will include all on the proposed information collection P.O. Box 1306, Room 6034, costs and benefits of dam removal activity. The Department of the Interior Albuquerque, NM 87103. Documents relative to volitional fish passage. invites comments on: and other information submitted with II. Data (1) Whether or not the collection of these applications are available for information is necessary for the proper Title: Klamath Non-Use Valuation review, subject to the requirements of performance of the functions of the the Privacy Act and Freedom of Survey. OMB Control Number: 1090–0010. agency, including whether the Information Act. Documents will be Type of Review: Revision of an information will have practical utility; available for public inspection, by approved collection. (2) The accuracy of the agency’s appointment only, during normal Affected Entities: Households. estimate of the burden of the collection business hours at the U.S. Fish and Respondent’s Obligation: Voluntary. and the validity of the methodology and Wildlife Service, 500 Gold Ave., SW., Frequency of Response: One time. assumptions used; Room 6034, Albuquerque, NM. Please Estimated Annual Number of (3) Ways to enhance the quality, refer to the respective permit number for Respondents: 10,885 households who utility, and clarity of the information to each application when submitting will receive the survey (3,389 be collected; and comments.

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FOR FURTHER INFORMATION CONTACT: Permit TE–236730 person who meets the conditions and Susan Jacobsen, Chief, Endangered Applicant: Timothy Bonner, San files a protest must file the protest Species Division, P.O. Box 1306, Marcos, Texas. within 30 days of the date that EPA Albuquerque, NM 87103; (505) 248– Applicant requests an amendment to publishes its NOA in the Federal 6920. a current permit for research and Register. SUPPLEMENTARY INFORMATION: recovery purposes to conduct presence/ ADDRESSES: Copies of the Proposed Plan absence surveys for fountain darter Amendment/Final EIS for the GSEP Public Availability of Comments (Etheostoma fonticola), San Marcos have been sent to affected Federal, state, Before including your address, phone gambusia (Gambusia georgei), Comal and local government agencies and to number, e-mail address, or other Springs riffle beetle (Heterelmis other stakeholders. Copies of the personal identifying information in your comalensis), Texas wild-rice (Zizania Proposed Plan Amendment/Final EIS comment, you should be aware that texana), and Texas blind salamander are available for public inspection at the your entire comment—including your (Eurycea rathbuni) within Texas. Palm Springs South Coast Field Office, personal identifying information—may Permit TE–20166A 1201 Bird Center Drive, Palm Springs, be made publicly available at any time. California 92262. Interested persons While you can ask us in your comment Applicant: Trinity Bey, Boerne, Texas. may also review the document at the Applicant requests a new permit for to withhold your personal identifying following Web site: http://www.blm.gov/ research and recovery purposes to information from public review, we ca/st/en/fo/palmsprings/Solar_Projects/ conduct presence/absence surveys for cannot guarantee that we will be able to Genesis_Ford_Dry_Lake.html. Submit golden-cheeked warbler (Dendroica do so. comments on the Final EIS to the Palm chrysoparia) within Texas. Springs South Coast Field Office at the Permit TE–13850A Authority: 16 U.S.C. 1531 et seq. address above or e-mail them to Applicant: Jarrod Edens, Fort Worth, Dated: August 18, 2010. [email protected]. Texas. Regional Director, Southwest Region, Fish All protests must be in writing and Applicant requests a new permit for and Wildlife Service. mailed to one of the following addresses: research and recovery purposes to [FR Doc. 2010–21502 Filed 8–27–10; 8:45 am] conduct presence/absence surveys for BILLING CODE 4310–55–P Regular Mail: BLM Director (210), American burying beetle (Nicrophorus Attention: Brenda Williams, P.O. Box americanus) within Oklahoma, 66538, Washington, DC 20035. Arkansas, and Texas. DEPARTMENT OF THE INTERIOR Overnight Mail: BLM Director (210), Attention: Brenda Williams, 1620 L Permit TE–037155 Bureau of Land Management Street, NW., Suite 1075, Washington, Applicant: Bio-West, Inc., Round [CACA 048880, LLCAD06000, DC 20036. Rock, Texas. L51010000.FX0000, LVRWB09B2520] FOR FURTHER INFORMATION CONTACT: Applicant requests an amendment to Allison Shaffer, BLM Project Manager, a current permit for research and Notice of Availability of the Final telephone (760) 833–7100; address (see recovery purposes to conduct presence/ Environmental Impact Statement for ADDRESSES, above); or e-mail absence surveys for Rio Grande silvery the Genesis Solar, LLC Genesis Solar [email protected]. Energy Project and Proposed minnow (Hybognathus amarus) and SUPPLEMENTARY INFORMATION: Genesis southwestern willow flycatcher California Desert Conservation Area Plan Amendment Solar, LLC has submitted an application (Empidonax traillii extimus) along the to the BLM for development of the Rio Grande. AGENCY: Bureau of Land Management, proposed GSEP, which would consist of Permit TE–17497A Interior. two independent solar electric ACTION: Notice of availability. generating facilities with a nominal net Applicant: Christa Weise, Tucson, electrical output of 125 megawatts (MW) Arizona. SUMMARY: In accordance with the each, resulting in a total net electrical Applicant requests a new permit for National Environmental Policy Act of output of 250 MW. The Proposed Action research and recovery purposes to 1969, as amended (NEPA), and the would be designed to utilize solar conduct presence/absence surveys for Federal Land Policy and Management parabolic trough technology to generate lesser long-nosed bat (Leptonycteris Act of 1976, as amended (FLPMA), the electricity. yerbabuenae) within Arizona and New Bureau of Land Management (BLM) has Genesis Solar, LLC is seeking a right- Mexico and Mexican long-nosed bat prepared a Proposed California Desert of-way (ROW) grant for approximately (Leptonycteris nivalis) within New Conservation Act Plan Amendment/ 4,640 acres of land. Construction and Mexico and Texas. Final Environmental Impact Statement operation of the Proposed Action would (EIS) for Genesis Solar LLC’s Genesis Permit TE–17509A disturb a total of about 1,800 acres Solar Energy Project (GSEP) and by this within the site boundaries, and Applicant: University of Rhode notice is announcing its availability. approximately 90 acres for linear Island, Kingston, Rhode Island. DATES: The publication of the facilities and drainage features outside Applicant requests a new permit for Environmental Protection Agency’s the site boundaries. research and recovery purposes to (EPA) Notice of Availability (NOA) of The proposed GSEP would be obtain seeds of Welsh’s milkweed this Final EIS in the Federal Register approximately 27 miles east of the (Asclepias welshii) from the Arboretum initiates a 30-day public comment unincorporated community of Desert at Flagstaff (Permit TE–226653) at the period. In addition, the BLM’s planning Center and 25 miles west of the University’s greenhouse where regulations state that any person who Arizona-California border city of Blythe biological control agent testing will be meets the conditions as described in the in Riverside County, California. conducted inside their quarantine regulations may protest the BLM’s The Applicant proposes to construct facility. Proposed CDCA Plan Amendment. A the GSEP in two phases, which would

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be designed to generate a combined total facilities on public lands, requires that addition of clarifying text and the of approximately 250 MW of electricity. all sites associated with power change in the preferred alternative from Phase 1 would consist of the Unit 1 generation or transmission not wet cooling to dry cooling technology, (western) power block, access road, identified in that Plan be considered but did not significantly change natural gas pipeline, and electric through the plan amendment process. If proposed land use plan decisions. transmission line. Phase 2 would the BLM decides to grant a ROW, the Instructions for filing a protest with consist of the Unit 2 (eastern) power BLM would also amend the CDCA Plan. the Director of the BLM regarding the block. The project would also include In the Final EIS, the BLM’s Preferred Proposed CDCA Plan Amendment may above-ground and subsurface fiber optic Alternative is the direct dry cooling be found in the ‘‘Dear Reader’’ Letter of lines. project alternative with a 250 nominal the Proposed CDCA Plan Amendment/ The overall site layout and MW output which includes a CDCA Final EIS and at 43 CFR 1610.5–2. generalized land uses are characterized Plan Amendment. In addition to the E-mailed and faxed protests will not be as follows: Preferred Alternative, the Final EIS accepted as valid protests unless the 1. 250-MW facility including solar analyzes the following alternatives: The protesting party also provides the generation facilities; on-site switchyard proposed action with a 250 nominal original letter by either regular or (substation); administration, operations, MW output, wet-cooling technology and overnight mail postmarked by the close and maintenance facilities: an amendment the CDCA Plan to make of the protest period. Under these approximately 1,800 acres. the area suitable for solar energy conditions, the BLM will consider the 2. Two wastewater evaporation development; a reduced acreage e-mail or faxed protest as an advance ponds: Up to 30 acres each (located alternative which includes a 150 copy and it will receive full within the 1,800-acre site). nominal MW output, wet cooling consideration. If you wish to provide 3. A new generation-tie line to route technology, and an amendment to the the BLM with such advance generated electrical power transmitted CDCA Plan to make the area suitable for notification, please direct faxed protests from the GSEP switchyard by way of a solar energy development; and an to the attention of the BLM protest southeasterly ROW, that would connect amendment to the CDCA Plan without coordinator at (202) 912–7212, and e- to the Southern California Edison 500– approving any project. As required mails to Brenda_Hudgens- 230 kV Colorado River substation via under NEPA, the Final EIS analyzes a [email protected]. All protests, the existing Blythe Energy Project no action alternative, which would not including the follow-up letter to e-mails Transmission Line between the Julian approve the GSEP or amend the CDCA or faxes, must be in writing and mailed Hinds and Buck substations. Plan. The BLM also analyzes an to the appropriate address, as set forth 4. Additional linear facilities off-site, alternative that denies the GSEP, but in the ADDRESSES section above. including a 6.5-mile access road and amends the CDCA Plan to designate the Before including your phone number, natural gas pipeline. project area as suitable for other e-mail address, or other personal 5. Surface water control facilities for possible solar energy power generation identifying information in your protest, storm water flow and discharge. projects, and an alternative to deny the you should be aware that your entire 6. Temporary construction laydown project and amend the CDCA Plan to protest—including your personal area(s) within the larger site footprint. designate the project area as unsuitable identifying information—may be made No additional laydown areas outside the for solar energy power generation publicly available at any time. While project footprint are contemplated. projects. The BLM will take into you can ask us in your protest to Access to the site would be via a new consideration the provisions of the withhold your personal identifying 6.5-mile long, 24-foot wide Energy Policy Act of 2005 and information from public review, we (approximately 18.9 acres) paved access Secretarial Orders 3283 Enhancing cannot guarantee that we will be able to road extending north and west from the Renewable Energy Development on the do so. existing Wiley’s Well Road. Wiley’s Public Lands and 3285A1 Renewable Well Road is accessible by both Authority: 40 CFR 1506.6 and 1506.10 and Energy Development by the Department 43 CFR 1610.2 and 1610.5. eastbound and westbound traffic off of the Interior in responding to the GSEP Interstate 10 at the Wiley’s Well Road application. Thomas Pogacnik, Interchange. The new access road would The Final EIS evaluates the potential Deputy State Director. be constructed entirely on BLM- impacts of the proposed GSEP on air [FR Doc. 2010–21570 Filed 8–27–10; 8:45 am] administered land. quality, biological resources, cultural BILLING CODE 4310–40–P The BLM’s purpose and need for the resources, water resources, geological NEPA analysis of the GSEP project is to resources and hazards, land use, noise, respond to Genesis Solar, LLC’s paleontological resources, public health, DEPARTMENT OF THE INTERIOR application under Title V of FLPMA socioeconomics, soils, traffic and (43 U.S.C. 1761) for a ROW grant to transportation, visual resources, National Park Service construct, operate, and decommission a wilderness characteristics, and other solar thermal facility on public lands in resources. Final Environmental Impact Statement compliance with FLPMA, BLM ROW A Notice of Availability of the Draft and South Florida and Caribbean regulations, and other applicable EIS/Staff Assessment for the proposed Parks Exotic Plant Management Plan Federal laws. The BLM will decide GSEP and Possible Plan Amendment to AGENCY: National Park Service, Interior. whether to approve, approve with the CDCA Plan was published in the ACTION: Notice of availability of a final modification, or deny a ROW grant to Federal Register on April 9, 2010 (75 FR environmental impact statement for the Genesis Solar, LLC for the proposed 18204). Comments on the Draft RMP South Florida and Caribbean Parks GSEP project. The BLM will also Amendment/Draft EIS/Staff Assessment Exotic Plant Management Plan. consider amending the California Desert received from the public and internal Conservation Act (CDCA) Plan of 1980, BLM review were considered and SUMMARY: Pursuant to the National as amended, in this analysis. The CDCA incorporated as appropriate into the Environmental Policy Act of 1969, 42 Plan, while recognizing the potential Proposed CDCA Plan Amendment/Final U.S.C. 4332(2)(C), and the Council on compatibility of solar generation EIS. Public comments resulted in the Environmental Quality regulations (40

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CFR part 1500–1508), the National Park of Intent to prepare an environmental Ecological Preserve, and Virgin Islands Service (NPS), Department of the impact statement (EIS) for South Florida National Park, 1300 Cruz Bay Creek, St. Interior, announces the availability of and Caribbean parks exotic plant John, Virgin Islands 00830. the final environmental impact management was published in the SUPPLEMENTARY INFORMATION: Three statement (FEIS) in abbreviated form for Federal Register on January 22, 2004 alternatives are identified and potential the proposed South Florida and (69 FR 3174). Public scoping open impacts analyzed in the plan/FEIS. Caribbean Parks Exotic Plant houses were held in March 2004 in Cruz Alternative C, New Framework for Management Plan. This plan guides the Bay, St. John; Christiansted and Exotic Plant Management: Increased management and control of exotic Frederiksted, St. Croix; and Naples and Planning, Monitoring, and Mitigation, plants and restoration of native plant Homestead, Florida. A project with an Emphasis on Active Restoration communities in nine national parks: Big newsletter was also distributed and 40 of Native Plants, is the environmentally Cypress National Preserve, Biscayne letters or e-mails were received and preferable alternative and the NPS National Park, Canaveral National used by the interdisciplinary planning preferred alternative. Alternative C Seashore, Dry Tortugas National Park, team to refine the issues to be addressed would augment the systematic approach Everglades National Park, Buck Island in the plan/EIS. The Environmental integral to alternative B, described Reef National Monument, Christiansted Protection Agency published its notice below, and would add an active National Historic Site, Salt River Bay of filing of the Draft EIS in the Federal restoration program to enhance the National Historic Park and Ecological Register on September 22, 2006 (71 FR return of native species to treated areas Preserve, and Virgin Islands National 55463). The NPS notice of availability in selected high-priority areas. Under Park. The FEIS identifies and evaluates was published in the Federal Register Alternative C, a decision tool would be the proposed plan and two alternatives on September 27, 2006 (71 FR 56549). applied to determine areas that are and their potential environmental Following a 60-day public comment appropriate for active restoration, which consequences and identifies and period, NPS considered carefully the would occur in park areas that have analyzes appropriate mitigation agency and public comments received, been previously disturbed and in areas strategies. and prepared the FEIS. Not sooner than with potential threatened and In accordance with the Plant 30 days from the date of publication of endangered species habitat or sensitive Protection Act of 2000, (7 U.S.C. 7701 the Notice of Availability for the FEIS in vegetation communities where a more et seq.), the United States Government the Federal Register by the rapid recovery would be desirable. The has designated certain plants as noxious Environmental Protection Agency the active restoration approach for a given weeds; many of these are exotic plant NPS will sign a Record of Decision on treatment area would be determined species. Approximately 1,200 exotic the Final Environmental Impact based on a site-specific evaluation. plant species in Florida and the Statement/South Florida and Caribbean Other areas in the parks would recover Caribbean have become established in Parks Exotic Plant Management Plan. passively. Under Alternative B, New natural areas, and as many as 4 percent After the Record of Decision is signed, Framework for Exotic Plant of those exotic plant species have the NPS will publish a Notice of Management: Increased Planning, displaced native species. Exotic plants Availability of the Record of Decision Monitoring, and Mitigation, the parks compete aggressively with native plants on the Final Environmental Impact would apply a systematic approach that and are often at an advantage because Statement/South Florida and Caribbean would prioritize exotic plants for they have little or no predatory control. Parks Exotic Plant Management Plan in treatment, monitor effects of those Among other problems, exotic plants the Federal Register. treatments on exotic plants and park displace native species, alter native ADDRESSES: Electronic copies of the resources, and mitigate any adverse species proportion, degrade or reduce final document will be available online effects to park resources, as determined available habitat for threatened and at http://parkplanning.nps.gov/EVER. through the monitoring program. endangered species, consume nutrients, To request a copy contact Sandra Alternative B would employ an adaptive alter fire patterns, reduce recreational Hamilton, Environmental Quality management strategy, using the results opportunities, and clog waterways. Division, National Park Service, of monitoring to adjust treatment The purpose of the plan/FEIS is to (1) Academy Place, P.O. Box 25287, methods or mitigation methods to reach provide a programmatic plan to manage Denver, Colorado 80225, 303–969–2068. the desired future condition of treated and control exotic plants in nine parks While supplies last, the document can areas in the parks. The effectiveness of in south Florida and the Caribbean; (2) also be picked up in person at the efforts to control exotic plant invasion promote restoration of native species participating parks’ headquarters: Big of native habitats would increase as a and habitat conditions in ecosystems Cypress National Preserve, 33100 result of uniform recording and storage that have been invaded by exotic plants; Tamiami Trail East, Ochopee, Florida of information acquired during and (3) protect park resources and 34141; Biscayne National Park, 9700 SW monitoring and of sharing that values from adverse effects resulting 328 Street, Homestead, Florida 33033; information among the nine park units. from exotic plant presence and control Canaveral National Seashore, 212 S. Under Alternative A, Continue Current activities. Washington Avenue, Titusville, Florida Management, the parks would continue DATES: In December 2003, the NPS met 32796; Dry Tortugas National Park to manage exotic plants under the with various Federal, territorial, State, 40001 State Road 9336, Homestead, existing management framework. and local government agencies to share Florida 33034; Everglades National information among agencies and elicit Park, 40001 State Road 9336, The parks would continue to treat issues, concerns, and other relevant Homestead, Florida 33034; Buck Island infestations of exotic plants on an ad information to address during the Reef National Monument, Danish hoc basis using a variety of physical, planning process. Agency Custom House, Kings Wharf, 2100 mechanical, chemical, and biological representatives participated in meetings Church Street #100, Christiansted, St. methods and through currently in the Virgin Islands, (one on St. John Croix, Virgin Islands 00820; available funding sources. and one on St. Croix), and in a meeting Christiansted National Historic Site; Salt Authority: The authority for publishing in West Palm Beach, Florida. A Notice River Bay National Historic Park and this notice is 40 CFR 1506.6.

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FOR FURTHER INFORMATION CONTACT: included in the approved plan. Both a on September 16, at 8:30 a.m., and Sandra Hamilton, Environmental No Action alternative and one adjourn at 4 p.m. During the course of Quality Division, National Park Service, additional ‘‘action’’ alternative the two days, the Board expects to be Academy Place, P.O. Box 25287, (Alternative C, which would have addressed by Secretary of the Interior Denver, Colorado 80225, 303–969–2068. restored approximately a third less Ken Salazar and National Park Service The responsible official for this final wetland habitat) were also identified Director Jonathan Jarvis, and will be EIS is the Regional Director, Southeast and analyzed. As documented in the briefed by park officials on matters Region, National Park Service, 100 Draft and Final EIS, the selected including education, science, funding, Alabama Street, SW., 1924 Building, alternative was deemed to be the and public engagement. Other officials Atlanta, Georgia 30303. ‘‘environmentally preferred’’ course of of the Department of the Interior and the Dated: August 16, 2010. action. National Park Service may address the Gordon Wissinger, Copies: Interested parties desiring to Board, and other miscellaneous topics Acting Regional Director, Southeast Region. review the Record of Decision may and reports may be covered. The Board meeting will be open to the [FR Doc. 2010–21550 Filed 8–27–10; 8:45 am] obtain a copy by contacting the Superintendent, Channel Islands public. The order of the agenda may be BILLING CODE 4310–70–P National Park, 1901 Spinnaker Drive, changed, if necessary, to accommodate Ventura, CA 93001 or via telephone travel schedules or for other reasons. Space and facilities to accommodate the DEPARTMENT OF THE INTERIOR request at (805) 658–5700. public are limited and attendees will be Dated: July 13, 2010. National Park Service accommodated on a first-come basis. Patricia L. Neubacher, Anyone may file with the Board a Final Environmental Impact Statement; Acting Regional Director, Pacific West Region. written statement concerning matters to Prisoners Harbor Wetland Restoration, [FR Doc. 2010–21566 Filed 8–27–10; 8:45 am] be discussed. The Board also will Santa Cruz Island, Channel Islands BILLING CODE 4310–F6–P permit attendees to address the Board, National Park, Santa Barbara County, but may restrict the length of the CA; Notice of Approval of Record of presentations, as necessary to allow the Decision DEPARTMENT OF THE INTERIOR Board to complete its agenda within the allotted time. Before including your Summary: Pursuant to § 102(2)(C) of National Park Service address, telephone number, e-mail the National Environmental Policy Act address, or other personal identifying of 1969 (Pub. L. 91–190, as amended) National Park System Advisory Board; information in your comment, you and the regulations promulgated by the Meeting should be aware that your entire Council on Environmental Quality (40 AGENCY: National Park Service, Interior. comment—including your personal CFR 1505.2), the Department of the identifying information—may be made Interior, National Park Service (NPS) ACTION: Notice of meeting. publicly available at any time. While has prepared and approved a Record of SUMMARY: Notice is hereby given in you can ask us in your comment to Decision for the Final Environmental accordance with the Federal Advisory withhold your personal identifying Impact Statement for restoration of Committee Act, 5 U.S.C. Appendix, that information from public review, we approximately 3 acres of coastal the National Park System Advisory cannot guarantee that we will be able to wetland on Santa Cruz Island, Channel Board will meet September 15–16, 2010, do so. Islands National Park. The requisite no- in Washington, DC. The Board will have Draft minutes of the meeting will be action ‘‘wait period’’ was initiated April an orientation session on the morning of available for public inspection about 12 16, 2010, with the Environmental September 15, and in the afternoon will weeks after the meeting, at 1201 I Street, Protection Agency’s Federal Register tour park sites in the National Capital NW., Washington, DC 20005. notification of the filing of the Final EIS. Region. On September 16, the Board Dated: August 25, 2010. Decision: As soon as practical the NPS will convene its business meeting from Bernard Fagan, will begin to implement restoration of 8:30 a.m., to 4 p.m. palustrine wetlands and deepwater Chief, Office of Policy. DATES: September 15–16, 2010. habitat at Prisoners Harbor, as well as [FR Doc. 2010–21552 Filed 8–27–10; 8:45 am] Location: The Dupont Hotel, meeting remove a berm constricting natural BILLING CODE 4310–70–P flows in lower Canada del Puerto Creek, room Glover Park A, 1500 New in order to reconnect the creek to its Hampshire Avenue, NW.; Washington, floodplain. Other project elements DC 20036; 202–448–3848. DEPARTMENT OF THE INTERIOR include removing cattle corrals and FOR FURTHER INFORMATION CONTACT: For relocating a scale house to its pre-1960s further information concerning the National Park Service location, removing eucalyptus and National Park System Advisory Board or to request to address the Board, contact Rim of the Valley Corridor Special controlling other non-native species, Resource Study, Los Angeles and and protecting archeological resources. Ms. Shirley Sears Smith, Office of Policy, National Park Service, 1201 I Ventura Counties, CA; Notice of This alternative was identified and Scoping analyzed as the agency-preferred Street, NW., 12th Floor, Washington, DC Alternative B in the Final EIS (and 20005; telephone 202–354–3955; e-mail Summary: Notice is hereby given in includes no substantive modifications to [email protected]. accordance with provisions of the the course of action which was SUPPLEMENTARY INFORMATION: On National Environmental Policy Act of described in the Draft EIS). The full September 15, the Board will convene 1969 (Pub. L. 91–190) and the Council range of foreseeable environmental from 8:30 a.m. to 1:15 p.m., for an on Environmental Quality’s consequences were assessed, and orientation session for Board members, implementing regulations (40 CFR appropriate mitigation measures followed by a tour of national park sites 1502.9(c)) that public scoping has been (developed in consultation with Tribal of the National Capital Region. The initiated for a conservation planning representatives and other agencies) are Board will convene its business meeting and environmental impact analysis

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process to identify and assess potential The NPS will also consider: be made publicly available at any time. impacts of alternative resource Alternative strategies for management, While you can ask us in your comment protection and other considerations protection and use of significant to withhold your personal identifying within the Rim of the Valley Corridor resources within the overall study area, information from public review, we Special Resource Study area in Los including management by other public cannot guarantee that we will be able to Angeles and Ventura counties of agencies or the private sector; technical do so. California. The purpose of the scoping or financial assistance available from At this time the following scoping process is to elicit early public comment established programs or special meetings (public workshops) have been regarding issues and concerns, initiatives and partnerships; alternative scheduled: September 14 in Chatsworth, alternatives, and the nature and extent designations other than a national park, September 15 in Los Angeles, of potential environmental impacts (and or as an expansion unit of Santa Monica September 21 in Santa Clarita, as appropriate, mitigation measures) Mountains National Recreation Area; September 22 in Thousand Oaks, which should be addressed. and cooperative management by NPS October 4 in Calabasas, October 5 in Background: As authorized by the and other entities. Tujunga, and October 6 in Altadena. Consolidated Natural Resources Act of Public Engagement: During the study Complete details of dates, times and 2008 (Pub. L. 110–229–May 2008), the process, a range of alternatives will be locations of the meetings will be posted National Park Service (NPS) is developed in consultation with Federal, on the project Web site (noted below). conducting a special resource study of State and local governments and Complete information will also be the area known as the Rim of the Valley interested members of the public, conveyed to local and regional press Corridor, generally including the groups, and organizations. The NPS will media, and will be advertised in a mountains encircling the San Fernando, conduct an environmental review of the newsletter which will be distributed to La Crescenta, Santa Clarita, Simi, and alternatives and potential consequences stakeholders and interested parties. Conejo Valleys in California. The study of resource protection considerations as Information updates about the study area also includes the majority of the part of the Rim of the Valley Corridor process and opportunities for the public to participate will be distributed via existing Santa Monica Mountains Special Resource Study. At this time, it direct mailings, regional and local news National Recreation Area. The study has not been determined whether an media and the Rim of the Valley will explore many issues including: Environmental Assessment or an Corridor Special Resource Study Web Protection of wildlife habitat and Environmental Impact Statement will be site (http://www.nps.gov/pwro/ linkages between open space areas; prepared, however, this scoping process rimofthevalley). The study team may completion of the Rim of the Valley will aid in the preparation of either also be contacted via e-mail at Trail system; preserving recreational document. The public will have several opportunities to comment and [email protected]. opportunities and facilitating access to participate throughout the study Further Information: Availability of recreation for a variety of users; process. Additionally, the public will be the forthcoming draft environmental protection of rare, threatened or afforded the opportunity to review and document for review and written endangered species and rare or unusual comment on the ensuing environmental comment will be announced by local plant communities and habitats; and document following its release. For and regional news media, the above identifying the needs of communities initial scoping and alternatives listed Web site, and direct mailing. At within and around the study area. development, the most useful comments this time the draft environmental review In conducting the Rim of the Valley are those that provide the NPS with document is anticipated to be available Corridor Special Resource Study, the assistance in identifying issues and for public review and comment in 2013 NPS will evaluate the national concerns which should be addressed, or and the draft and final report to significance of the area’s natural and providing important information Congress available in 2014. Comments cultural resources. The NPS will also germane to this study. All responses to on the draft document will be fully assess the area’s suitability and this Notice will also be used to establish considered and responded to as feasibility to be a unit of the National a mailing list of interested persons, appropriate in the final document. The Park System. Factors which the NPS organizations, and agencies that desire official responsible for the initial study team will evaluate include: to receive further information as the recommendation will be the Regional Whether the study area includes types environmental document is developed. Director, Pacific West Region, National or quality of resources not already The public scoping period for the Rim Park Service. The official responsible for adequately represented in the National of the Valley Corridor Special Resource amending or ratifying the Park System; whether long-term Study will conclude—and all comments recommendation and transmitting the protection and public use of the area are must be postmarked or transmitted no final document to the Secretary of the feasible; and whether the area can be later than—October 29, 2010. Interested Interior will be the Director of the adequately protected and administered individuals, organizations, and agencies National Park Service. The final at a reasonable cost. The wishing to provide written comments document will identify the alternative recommendations of the NPS may vary on issues or concerns should respond that, in the professional judgment of the for different portions of the study area. to: National Park Service, Rim of the Director of the National Park Service, is The authorizing statute directs the Valley Corridor Special Resource Study, the most effective and efficient method NPS to determine the suitability and 570 West Avenue 26, Suite 175, Los for protecting significant resources and feasibility of designating all or a portion Angeles, CA 90065. Comments may also providing for public enjoyment. The of the corridor as a unit of the Santa be transmitted through the study’s Web Secretary of the Interior subsequently Monica Mountains National Recreation site listed below. will forward the completed study along Area. It also directs the NPS to Before including your address, phone with a recommendation regarding the determine the methods and means for number, e-mail address, or other Secretary’s preferred management the protection and interpretation of this personal identifying information in your option for the area to Congress for their corridor by the NPS, other Federal, comment, you should be aware that consideration. It is anticipated that the State, or local government entities or your entire comment—including your final study report will be available in private or non-profit organizations. personal identifying information—may 2014.

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Dated: July 30, 2010. address in your request for copies of holding of such a hearing is at the George J. Turnbull, applications, we will attempt to respond discretion of the Service Director. to your request electronically. Acting Regional Director, Pacific West Region. III. Permit Applications [FR Doc. 2010–21551 Filed 8–27–10; 8:45 am] Please make your requests or BILLING CODE 4312–52–P comments as specific as possible. Please Endangered Species confine your comments to issues for Applicant: Knoxville Zoological which we seek comments in this notice, Gardens, Knoxville, TN; PRT-19934A DEPARTMENT OF THE INTERIOR and explain the basis for your comments. Include sufficient The applicant requests a permit to Fish and Wildlife Service information with your comments to export two captive-hatched Chinese [FWS-R9-IA-2010-N183] allow us to authenticate any scientific or alligators (Alligator sinensis) to Africam, commercial data you include. [96300-1671-0000-P5] S.A, Puebla, Mexico, for the purpose of The comments and recommendations enhancement of the survival of the Receipt of Applications for Permit that will be most useful and likely to species. influence agency decisions are: (1) AGENCY: Fish and Wildlife Service, Applicant: Rocky Mountain Wildlife Those supported by quantitative Conservation Center, Keenesburg, CO; Interior. information or studies; and (2) Those ACTION: Notice of receipt of applications that include citations to, and analyses PRT-18346A for permit. of, the applicable laws and regulations. The applicant requests a permit to We will not consider or include in our import seven captive-born tigers SUMMARY: We, the U.S. Fish and administrative record comments we (Panthera tigris) from Canada and Wildlife Service, invite the public to receive after the close of the comment Mexico, for the purpose of enhancement comment on the following applications period (see DATES) or comments of the survival of the species. to conduct certain activities with delivered to an address other than those endangered species, marine mammals, listed above (see ADDRESSES). Multiple Applicants or both. With some exceptions, the Endangered Species Act (ESA) and B. May I Review Comments Submitted The following applicants each request Marine Mammal Protection Act by Others? a permit to import the sport-hunted (MMPA) prohibits activities with listed Comments, including names and trophy of one male bontebok species unless a Federal permit is issued street addresses of respondents, will be (Damaliscus pygargus pygargus) culled that allows such activities. Both laws available for public review at the from a captive herd maintained under requires that we invite public comment address listed under ADDRESSES. The the management program of the before issuing these permits. public may review documents and other Republic of South Africa, for the DATES: We must receive requests for information applicants have sent in purpose of enhancement of the survival documents or comments on or before support of the application unless our of the species. September 29, 2010. We must receive allowing viewing would violate the Applicant: Gus Boniello, Golden requests for marine mammal permit Privacy Act or Freedom of Information Bridge, NY; PRT-19933A public hearings, in writing, at the Act. Before including your address, address shown in the ADDRESSES section phone number, e-mail address, or other Applicant: Frank DeGennaro, Monroe, by September 29, 2010. personal identifying information in your NY; PRT-19931A ADDRESSES: Brenda Tapia, Division of comment, you should be aware that Applicant: Anthony Casola, Bronx, NY; Management Authority, U.S. Fish and your entire comment—including your PRT-19930A Wildlife Service, 4401 North Fairfax personal identifying information—may Drive, Room 212, Arlington, VA 22203; be made publicly available at any time. The following applicant requests a fax (703) 358-2280; or e-mail While you can ask us in your comment permit to re-export a sport-hunted [email protected]. to withhold your personal identifying trophy of one male bontebok information from public review, we (Damaliscus pygargus pygargus) culled FOR FURTHER INFORMATION CONTACT: cannot guarantee that we will be able to from a captive herd maintained under Brenda Tapia, (703) 358-2104 do so. the management program of the (telephone); (703) 358-2280 (fax); Republic of South Africa, for the [email protected] (e-mail). II. Background purpose of enhancement of the survival SUPPLEMENTARY INFORMATION: To help us carry out our conservation of the species. I. Public Comment Procedures responsibilities for affected species, the Applicant: Roberto Delgado, Garza Endangered Species Act of 1973, section Garcia, NL MX; PRT-19421A A. How Do I Request Copies of 10(a)(1)(A), as amended (16 U.S.C. 1531 Applications or Comment on Submitted et seq.), and our regulations in the Code Endangered Marine Mammals and Applications? of Federal Regulations (CFR) at 50 CFR Marine Mammals Send your request for copies of 17, the Marine Mammal Protection Act Applicant: Dr. Iskande Larkin, applications or comments and materials of 1972, as amended (16 U.S.C. 1361 et University of Florida, Gainesville, FL; concerning any of the applications to seq.), and our[Doc the Code of Federal PRT-038448 the contact listed under ADDRESSES. Regulations (CFR) at 50 CFR 18 require Please include the Federal Register that we invite public comment before The applicant requests amendment notice publication date, the PRT- final action on these permit and renewal of the permit to take wild number, and the name of the applicant applications. Under the MMPA, you and captive-held Florida manatees in your request or submission. We will may request a hearing on any MMPA (Trichechus manatus) for the purpose of not consider requests or comments sent application received. If you request a scientific research. This notification to an e-mail or address not listed under hearing, give specific reasons why a covers activities to be conducted by the ADDRESSES. If you provide an email hearing would be appropriate. The applicant over a 5–year period.

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Applicant: Pennsylvania State or question with the above individual. Sec. 27, SE1⁄4, E1⁄2; NE1⁄2, E1⁄2 SW1⁄4; University, University Park, PA; PRT- You will receive a reply during normal Sec. 33, SE1⁄4, S1⁄2; NE1⁄4, NE1⁄4 NE1⁄4; 14287A hours. Secs. 34 and 35, portions outside the Event Area; The applicant requests a permit to SUPPLEMENTARY INFORMATION: These T. 33 N., R. 25 E., import biological samples of polar bears temporary restrictions affect public Sec. 4, Lots 2, 3, 4 and 5, portions west of (Ursus maritimus) from Norway for the lands on and adjacent to the Burning the east playa road. purpose of scientific research. This Man Event conducted on the Black Rock Unsurveyed T. 34 N., R. 25 E., 1 notification covers activities to be Desert playa within the Black Rock Sec. 16, S ⁄2; Sec. 21, portion outside the Event Area; conducted by the applicant over a 1– Desert-High Rock Canyon Emigrant 1 1 1 Trails National Conservation Area in Sec. 22, SW ⁄4, W ⁄2; NW ⁄4; year period. Sec. 27, W1⁄2; Concurrent with publishing this portions of Humboldt, Pershing and Sec. 33, portion west of the east playa road notice in the Federal Register, we are Washoe counties, Nevada. The legal and outside the Event Area; forwarding copies of the above description of the affected public lands Sec. 34; W1⁄2, portion west of the east playa applications to the Marine Mammal is: road. Commission and the Committee of I. 2010 Event Area: The public closure area comprises Scientific Advisors for their review. Mount Diablo Meridian, Nevada 9,445 acres, more or less. Dated: August 20, 2010 The closure and temporary Unsurveyed T. 33 N., R. 24 E., restrictions are necessary to provide a Brenda Tapia, Secs. 4, and 5, portions within 50 yards of Program Analyst, Branch of Permits, Division the Event Entrance Road; safe environment for the participants of of Management Authority. Unsurveyed T. 331⁄2 N., R. 24 E., the Burning Man Festival and to members of the public visiting the Black [FR Doc. 2010–21475 Filed 8–27–10; 8:45 am] Sec. 25; Sec. 26 and 27, portions within event Rock Desert and to protect public land BILLING CODE ????–??–S perimeter fence and 50 yards outside the resources by addressing law fence; enforcement and public safety concerns Sec. 33 and 34, portions within 50 yards DEPARTMENT OF THE INTERIOR associated with the Burning Man of the Event Entrance Road; Festival. The Burning Man Festival is Sec. 35, portions within event perimeter held on public lands administered by Bureau of Land Management fence, 50 yards outside the fence and within 50 yards of the Event Entrance the Bureau of Land Management. It is [LLNVW03000/L51050000.EA0000/ expected to attract approximately LVRCF1000700241A.MO#4500013866;10– Road; 08807; TAS:14X5017] Sec. 36, portions within event perimeter 48,000 participants to a remote rural fence, 50 yards outside the fence and the area, far from urban infrastructure and Notice of Temporary Closures and Airport tie-down area. support, including law enforcement, Restrictions on Specific Uses of Public Unsurveyed T. 34 N., R. 24 E., public safety, transportation, and Lands in Pershing County, NV Secs. 25, 26, 34, and 35, portions within communication services. During the event perimeter fence and 50 yards festival the associated city becomes the AGENCY: Bureau of Land Management, outside the fence. tenth largest metropolitan area in Interior. Sec. 36. Unsurveyed T. 34 N., R. 25 E., Nevada. This event is authorized on ACTION: Notice of temporary closures Secs. 21, 28, and 33, portions within event public lands under Special Recreation and restrictions. perimeter fence and 50 yards outside the Permit #NV–025–06–01. fence. The vast majority of Burning Man SUMMARY: Notice is hereby given that Festival participants do not cause any The event area comprises 3,347 acres, under the authority of the Federal Land problems for the event organizers or the more or less. Policy and Management Act of 1976 BLM. Actions by a few participants at (FLPMA), as amended, the Bureau of II. Public Closure Area: previous events have resulted in law Land Management (BLM) Winnemucca Mount Diablo Meridian, Nevada enforcement and public safety incidents District, Black Rock Field Office will similar to those observed in urban areas implement and enforce the following Unsurveyed T. 33 N., R. 24 E., 1 of similar size. Incidents that have temporary closures and restrictions to Sec. 1, N ⁄2, portion west of the east playa road; required BLM law enforcement action in protect public safety and resources on Sec. 2, N1⁄2; prior years include the following: public lands within and adjacent to the 1 1 Sec. 3, N ⁄2, SW ⁄4; Aircraft crashes; motor vehicle Burning Man Festival on the Black Rock Sec. 4, portion east of Washoe Co. Rd. 34 accidents with injuries within and Desert playa. and outside the Event Area; outside the event (a temporary fence is 1 DATES: The temporary restrictions will Sec. 5, E ⁄2, portion east of Washoe Co. Rd. installed around the event perimeter); 34 and outside the Event Area; be in effect until September 17, 2010. fighting; sexual assaults; assaults on law Sec. 8, NE1⁄4; FOR FURTHER INFORMATION CONTACT: 1 enforcement officers; reckless or Sec. 9, N ⁄2; Gene Seidlitz, District Manager, Bureau Sec. 10, NW1⁄4. threatening behavior; crimes against of Land Management, Winnemucca Unsurveyed T. 331⁄2 N., R. 24 E., property; crowd control issues; issues District, 5100 E. Winnemucca Secs. 26 and 27, portions outside the Event associated with possession and use of Boulevard, Winnemucca, NV 89445– Area; alcoholic beverages; persons acting in a 2921, telephone: (775) 623–1500, e-mail: Sec. 28, portion east of Washoe Co. Rd. 34; manner where they may pose a danger [email protected]. Persons who use Sec. 33, portions east of Washoe Co. Rd. 34 to themselves or to others; possession, a telecommunications device for the and outside the Event Area; use, and distribution of controlled deaf (TDD) may call the Federal Secs. 34, 35 and 36, portions outside the Event Area. substances; and increased use of public Information Relay Service (FIRS) at Unsurveyed T. 34 N., R. 24 E., lands outside the event perimeter. 1–800–877–8339 to contact the above Sec. 23, S1⁄2; The Burning Man Festival takes place individual during normal business Sec. 24, S1⁄2; within Pershing County, a rural county hours. The FIRS is available 24 hours a Sec. 25 & 26; portions outside the Event with a small population and a small day, 7 days a week, to leave a message Area; Sheriff’s Department. The county has

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limited ability to provide additional law B. Alcohol (d) Presumptive levels: enforcement officers to work at the 1. Possession of an open container of (1) The results of chemical or other Festival. The temporary closure and the an alcoholic beverage by the driver or quantitative tests are intended to temporary restrictions are necessary to operator of any motorized vehicle, supplement the elements of probable enable BLM law enforcement personnel whether or not the vehicle is in motion cause used as the basis for the arrest of to provide for public safety and protect is prohibited. an operator charged with a violation of the environment on public lands, as 2. Possession of alcohol by minors. paragraph (a) of this section. If the well as support state and local law (a) The following are prohibited: alcohol concentration in the operator’s enforcement agencies with enforcement (1) Consumption or possession of any blood or breath at the time of testing is of existing laws. alcoholic beverage by a person under less than alcohol concentrations A temporary closure and restriction 21 years of age on public lands. specified in paragraph (b)(2) of this order, under the authority of 43 CFR (2) Selling, offering to sell, or section, this fact does not give rise to 8364.1, is used because it is more otherwise furnishing or supplying any any presumption that the operator is or appropriate than establishing alcoholic beverage to a person under is not under the influence of alcohol. Supplementary Rules. A temporary 21 years of age on public lands. (2) The provisions of paragraph (d)(1) closure and restriction order is (b) This section does not apply to the of this section are not intended to limit specifically tailored to the time frame selling, handling, serving or the introduction of any other competent and restrictions on uses or activities that transporting of alcoholic beverages by a evidence bearing upon the question of are necessary to provide a safe person in the course of his lawful whether the operator, at the time of the environment for the public and for employment by a licensed alleged violation, was under the participants in the Burning Man manufacturer, wholesaler or retailer of influence of alcohol, a drug or multiple Festival, and protect public land alcoholic beverages. drugs, or any combination thereof. resources, while avoiding imposing 3. Operation of a motor vehicle while 4. Definitions: restrictions that may not be necessary under the influence. (a) Open container: Any bottle, can, or during the remainder of the year. (a) Title 43 CFR 8341.1(f)3 prohibits other container that contains an the operation of an off-road motor The BLM will post information signs alcoholic beverage, if that container vehicle on public land while under the about the temporary restrictions at main does not have a closed top or the lid for influence of alcohol, narcotics, or entry points around the area. This which the seal has been broken. If a dangerous drugs. container has been opened one or more temporary restriction order also will be (b) In addition to the prohibition times and its lid or top has been posted in the BLM Winnemucca District found in 43 CFR 8341.1(f)3, it is replaced, that container is an open Office. Maps of the affected area and prohibited for any person to operate or container. other documents associated with these be in actual physical control of a motor (b) Possession of an open container temporary restrictions are available at vehicle while: the Winnemucca District Office at the (1) The operator is under the includes any open container that is address above. combined influence of alcohol, a drug, physically possessed by a driver or Under the authority of Section 303(a) or drugs to a degree that renders the operator and is adjacent to and of the Federal Land Policy and operator incapable of safe operation of reachable by that driver or operator. Management Act of 1976 (43 U.S.C. that vehicle; or This includes but is not limited to 1733 (a)), 43 CFR 8360.0–7, and 43 CFR (2) The alcohol concentration in the containers in a cup holder or rack 8364.1, the BLM will enforce the operator’s blood or breath is 0.08 grams adjacent to the driver or operator, following closures and restrictions or more of alcohol per 100 milliliters of containers on a vehicle floor next to the within and adjacent to the Burning Man blood or 0.08 grams or more of alcohol driver or operator, and containers on a Festival on the Black Rock Desert playa: per 210 liters of breath. seat or console area next to a driver or operator. I. Event Area—Between August 27, (c) Tests: (1) At the request or direction of any 2010, and September 17, 2010 Inclusive C. Drug Paraphernalia law enforcement officer authorized by A. Aircraft Landing the Department of the Interior to enforce 1. The possession of drug this closure and restriction order, who paraphernalia is prohibited. The event area is closed to aircraft has probable cause to believe that an 2. Definition: Drug paraphernalia landing, taking off, or taxiing. Aircraft is operator of a motor vehicle has violated means all equipment, products and defined in Title 18 U.S.C., section 31 a provision of paragraph (a) or (b) of this materials of any kind which are used, (a)(1) and includes lighter-than-air craft section, the operator shall submit to one intended for use, or designed for use in and ultra-light craft. The following or more tests of the blood, breath, saliva, planting, propagating, cultivating, exceptions apply: or urine for the purpose of determining growing, harvesting, manufacturing, 1. Aircraft operations conducted blood alcohol and drug content. compounding, converting, producing, through the authorized event landing (2) Refusal by an operator to submit preparing, testing, analyzing, packaging, strip and such ultra-light and helicopter to a test is prohibited and proof of repackaging, storing, containing, take-off and landing areas designated for refusal may be admissible in any related concealing, injecting, ingesting, inhaling Burning Man event staff and judicial proceeding. or otherwise introducing into the participants, law enforcement, and (3) Any test or tests for the presence human body a controlled substance in emergency medical services. of alcohol and drugs shall be violation of any state or Federal law, or 2. Helicopters providing emergency determined by and administered at the regulation issued pursuant to law. medical services may land in other direction of an authorized person. D. Disorderly Conduct locations when required for medical (4) Any test shall be conducted by incidents. using accepted scientific methods and 1. Disorderly conduct is prohibited. 3. Landings or take-offs of lighter- equipment of proven accuracy and 2. Definition: Disorderly conduct than-air craft previously approved by reliability operated by personnel means that an individual, with the the BLM authorized officer. certified in its use. intent of recklessly causing public

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alarm, nuisance, jeopardy, or violence; demonstration purposes only. During 3. The prohibitions above shall not or recklessly creating a risk thereof: the event, from 12:01 a.m. Monday, apply to county, state, tribal, and (a) Engages in fighting or violent August 30, 2010, through 11:59 p.m. Federal law enforcement personnel, or behavior. Monday, September 6, 2010, such any person authorized by Federal law to (b) Uses language, an utterance or vehicles must display evidence of possess a weapon. ‘‘Art projects’’ that gesture, or engages in a display or act registration at all times in such manner include weapons and are sanctioned by that is physically threatening or that it is visible from the rear of the BRC LLC will be permitted after menacing, or done in a manner that is vehicle while the vehicle is in motion; obtaining authorization from the BLM likely to inflict injury or incite an (e) Motorized skateboards or Go-Peds authorized officer. immediate breach of the peace. with or without handlebars. 4. Definitions: (a) Weapon means a firearm, E. Eviction of Persons 2. Definitions: (a) A motor vehicle is any device compressed gas or spring powered 1. The event area is closed to any designed for and capable of travel over pistol or rifle, bow and arrow, cross person for the following: land and which is self-propelled by a bow, blowgun, spear gun, hand thrown (a) Has been evicted from the event by motor, but does not include any vehicle spear, sling shot, irritant gas device, the permit holder, Black Rock City LLC, operated on rails or any motorized electric stunning or immobilization (BRC LLC), whether or not the eviction wheelchair; device, explosive device, any was requested by the BLM. (b) Motorized wheelchair means a implement designed to expel a (b) Has been ordered by a BLM law self-propelled wheeled device, designed projectile, switch blade knife, any blade enforcement officer to leave the area of solely for and used by a mobility- which is greater than 10 inches in the permitted event. impaired person for locomotion. length from the tip of the blade to the 2. Any person evicted from the event edge of the hilt or finger guard nearest forfeits all privileges to be present I. Public Camping the blade (e.g., swords, dirks, daggers, within the perimeter fence or anywhere The event area is closed to public machetes), or any other weapon the else within the event area even if they camping with the following exception: possession of which is prohibited by possess a ticket to attend the event. Burning Man event ticket holders who state law. Exception: The regulation F. Fires are camped in designated areas does not apply in a kitchen or cooking provided by BRC LLC, and ticket environment or where an event worker The ignition of fires on the surface of is wearing or utilizing a construction the Black Rock Playa without a burn holders who are camped in the authorized ‘‘pilot camp.’’ BRC LLC knife for their duties at the event blanket or burn pan is prohibited. (b) Firearm means any pistol, authorized staff, contractors, and BLM- revolver, rifle, shotgun, or other device G. Fireworks authorized event management-related which is designed to, or may be readily camps are exempt from this closure. The use, sale or possession of converted to expel a projectile by the personal fireworks is prohibited except J. Public Use ignition of a propellant. for uses of fireworks approved by BRC (c) Discharge means the expelling of The event area is closed to use by LLC and used as part of a Burning Man a projectile from a weapon. sanctioned art burn event. members of the public unless that person: Possesses a valid ticket to attend II. Public Closure Area H. Motor Vehicles the event; is an employee or authorized A. Between August 27, 2010, and volunteer with the BLM, a law 1. The event area is closed to motor September 17, 2010, Inclusive vehicle use, except as provided below. enforcement agency, emergency medical Motor vehicles may be operated service provider, fire protection 1. Public Camping within the Event Area under these provider, or another public agency The Public Closure area is closed to circumstances: working at the event and the employee public camping. (a) Participant arrival and departure is assigned to the event; is a person on designated routes; working at or attending the event on 2. Discharge of Weapons (b) Vehicles operated by BRC LLC behalf of the event organizers, BRC LLC; Discharge of weapons as defined in staff or contractors and service or is authorized by BRC LLC to be onsite paragraph (L)(2) of Section (I) is providers on behalf of BRC LLC. During prior to the commencement of the event prohibited. the event, from 12:01 a.m. Monday, for the primary purpose of constructing, August 30, 2010, through 11:59 p.m. creating, designing or installing art, B. Between August 30, 2010, and Monday, September 6, 2010, these displays, buildings, facilities or other September 6, 2010, Inclusive vehicles must display evidence of event items and structures in connection with 1. Aircraft Landing registration at all times in such manner the event. The public closure area is closed to that it is visible from the rear of the K. Waste Water Discharge aircraft landing, taking off, or taxiing vehicle while the vehicle is in motion; except as described in paragraph (A) of The dumping or discharge to the (c) BLM, medical, law enforcement, Section I. and firefighting vehicles; ground of grey water is prohibited. Grey (d) Mutant vehicles, art cars, vehicles water is water that has been used for 2. Disorderly Conduct used by disabled drivers and displaying cooking, washing, dishwashing, or Disorderly conduct as defined in disabled driver license plates or bathing and contains soap, detergent, paragraph (D)(2) of Section I is placards, or other vehicles registered food scraps, or food residue. prohibited. with the Burning Man event organizers L. Weapons and operated within the scope of that 3. Eviction of Persons registration. Prior to commencement of 1. The possession of any weapon is (a) The Public Closure Area is closed the event and official issuance of prohibited. to any person who: registration documents, such vehicles 2. The discharge of any weapon is (1) Has been evicted from the event by may be operated for arrival, testing and prohibited. the permit holder, BRC LLC, whether or

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not the eviction was requested by the INTERNATIONAL TRADE and members of the public are invited BLM. COMMISSION to file comments, not to exceed five (2) Has been ordered by a BLM law pages in length, on any public interest Notice of Receipt of Complaint; enforcement officer to leave the area of issues raised by the complaint. Solicitation of Comments Relating to Comments should address whether the permitted event. the Public Interest issuance of an exclusion order and/or a (b) Any person evicted from the event cease and desist order in this AGENCY: forfeits all privileges to be present U.S. International Trade Commission. investigation would negatively affect the within the public closure area even if he public health and welfare in the United ACTION: or she possesses a ticket to attend the Notice. States, competitive conditions in the event. SUMMARY: Notice is hereby given that United States economy, the production of like or directly competitive articles in 4. Fireworks the U.S. International Trade Commission has received a complaint the United States, or United States The use, sale or possession of entitled In Re Certain Liquid Crystal consumers. In particular, the Commission is personal fireworks is prohibited. Display Devices and Products Interoperable with the Same, DN 2751; interested in comments that: 5. Public Use the Commission is soliciting comments (i) Explain how the articles potentially subject to the orders are used Public use is prohibited, except for: on any public interest issues raised by the complaint. in the United States; (a) passage through, without stopping, (ii) Identify any public health, safety, FOR FURTHER INFORMATION CONTACT: or welfare concerns in the United States the public closure area on the West or Marilyn R. Abbott, Secretary to the East Playa Roads; and relating to the potential orders; Commission, U.S. International Trade (iii) Indicate the extent to which like (b) pedestrians with Burning Man Commission, 500 E Street, SW., or directly competitive articles are tickets outside the fence. Washington, DC 20436, telephone (202) produced in the United States or are 205–2000. The public version of the 6. Motor Vehicles otherwise available in the United States, complaint can be accessed on the with respect to the articles potentially The public closure area is closed to Commission’s electronic docket (EDIS) subject to the orders; and motor vehicle use, except for passage at http://edis.usitc.gov, and will be (iv) Indicate whether Complainant, available for inspection during official through, without stopping, the public Complainant’s licensees, and/or third business hours (8:45 a.m. to 5:15 p.m.) closure area on the West or East Playa party suppliers have the capacity to in the Office of the Secretary, U.S. Roads. Motor vehicle is defined in replace the volume of articles International Trade Commission, 500 E paragraph (H)(2) of Section (I). potentially subject to an exclusion order Street, SW., Washington, DC 20436, and a cease and desist order within a 7. Waste Water Discharge telephone (202) 205–2000. commercially reasonable time. General information concerning the Written submissions must be filed no The dumping or discharge to the Commission may also be obtained by later than by close of business, five ground of grey water is prohibited. Grey accessing its Internet server (http:// business days after the date of water is water used for cooking, www.usitc.gov). The public record for publication of this notice in the Federal washing, dishwashing, or bathing and this investigation may be viewed on the Register. There will be further contains soap, detergent, food scraps, or Commission’s electronic docket (EDIS) opportunities for comment on the food residue. at http://edis.usitc.gov. Hearing- public interest after the issuance of any impaired persons are advised that final initial determination in this 8. Weapons information on this matter can be investigation. obtained by contacting the The possession of any weapon as Persons filing written submissions Commission’s TDD terminal on (202) defined in paragraph (L)(4) of Section (I) must file the original document and 12 205–1810. is prohibited except weapons within true copies thereof on or before the SUPPLEMENTARY INFORMATION: The deadlines stated above with the Office motor vehicles passing through the Commission has received a complaint of the Secretary. Submissions should closure area, without stopping on the filed on behalf of Chimei-Innolux refer to the docket number (‘‘Docket No. West or East Playa Roads. Corporation, Chimei Optoelectronics 2751’’) in a prominent place on the Any person who violates the above USA, Inc. and Innolux Corporation on cover page and/or the first page. The rules and restrictions may be tried August 24, 2010. The complaint alleges Commission’s rules authorize filing before a United States Magistrate and violations of section 337 of the Tariff submissions with the Secretary by fined no more than $1,000, imprisoned Act of 1930 (19 U.S.C. 1337) in the facsimile or electronic means only to the for no more than 12 months, or both. importation into the United States, the extent permitted by section 201.8 of the Such violations may also be subject to sale for importation, and the sale within rules (see Handbook for Electronic the enhanced fines provided for at 18 the United States after importation of Filing Procedures, http://www.usitc.gov/ U.S.C. 3571. certain liquid crystal display devices secretary/fed_reg_notices/rules/ and products interoperable with the documents/handbook_on_electronic_ Authority: 43 CFR 8364.1. same. The complaint names as filing.pdf). Persons with questions Gene Seidlitz, respondents Sony Corporation of Tokyo, regarding electronic filing should District Manager, Winnemucca District. Japan; Sony Corporation of America of contact the Secretary (202–205–2000). Any person desiring to submit a [FR Doc. 2010–21553 Filed 8–25–10; 4:15 pm] New York, NY; Sony Electronics Corporation of San Diego, CA; and Sony document to the Commission in BILLING CODE 4310–HC–P Computer Entertainment America, LLC confidence must request confidential of Foster City, CA. treatment. All such requests should be The complainant, proposed directed to the Secretary to the respondents, other interested parties, Commission and must include a full

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statement of the reasons why the Tariff Act of 1930. The revised Users’ please contact Gary Schaible, National Commission should grant such Manual reaffirms the authority of Firearms Act Branch, 244 Needy Road, treatment. See 19 CFR § 201.6. administrative law judges and the Martinsburg, WV 20226. Documents for which confidential Commission under the Administrative Written comments and suggestions treatment by the Commission is Procedure Act to require attendance at from the public and affected agencies properly sought will be treated a settlement conference, including the concerning the proposed collection of accordingly. All nonconfidential written use of alternative dispute resolution; information are encouraged. Your submissions will be available for public reaffirms the confidential nature of comments should address one or more inspection at the Office of the Secretary. mediation proceedings; provides that of the following four points: This action is taken under the parties will receive materials regarding —Evaluate whether the proposed authority of section 337 of the Tariff Act the program upon the filing of a collection of information is necessary of 1930, as amended (19 U.S.C. 1337), complaint and certify receipt and for the proper performance of the and of sections 201.10 and 210.50(a)(4) reading/discussion thereof; and functions of the agency, including of the Commission’s Rules of Practice provides that the Commission will whether the information will have and Procedure (19 CFR 201.10, maintain an open list of private practical utility; 210.50(a)(4)). mediators in addition to the roster of —Evaluate the accuracy of the agencies Issued: August 24, 2010. pre-screened pro-bono mediators. estimate of the burden of the By order of the Commission. The authority for the Commission’s proposed collection of information, determination is contained in the Marilyn R. Abbott, including the validity of the Administrative Procedure Act, as methodology and assumptions used; Secretary to the Commission. amended, see 5 U.S.C. 556(c)(6)–(8), —Enhance the quality, utility, and [FR Doc. 2010–21527 Filed 8–27–10; 8:45 am] 572–74, 583, and in sections 335 and clarity of the information to be BILLING CODE 7020–02–P 337 of the Tariff Act of 1930, as collected; and amended, 19 U.S.C. 1335, 1337. —Minimize the burden of the collection of information on those who are to INTERNATIONAL TRADE Issued: August 25, 2010. respond, including through the use of COMMISSION By order of the Commission. Marilyn R. Abbott, appropriate automated, electronic, Issuance of Revised Users’ Manual for Secretary to the Commission. mechanical, or other technological Commission Mediation Program for [FR Doc. 2010–21530 Filed 8–27–10; 8:45 am] collection techniques or other forms of information technology, e.g., Investigations Under Section 337 of BILLING CODE 7020–02–P the Tariff Act of 1930 permitting electronic submission of responses. AGENCY: U.S. International Trade DEPARTMENT OF JUSTICE Overview of this information Commission. collection: ACTION: Notice. Bureau of Alcohol, Tobacco, Firearms (1) Type of Information Collection: and Explosives Extension of a currently approved SUMMARY: Notice is hereby given that collection. the Commission has issued a revised [OMB Number 1140–0014] (2) Title of the Form/Collection: Users’ Manual for its program for the Agency Information Collection Application For Tax Paid Transfer and mediation of investigations under Registration of Firearms. section 337 of the Tariff Act of 1930. Activities: Proposed Collection; Comments Requested (3) Agency form number, if any, and FOR FURTHER INFORMATION CONTACT: the applicable component of the James Worth, Office of the General ACTION: 60-Day Notice of Information Department of Justice sponsoring the Counsel, U.S. International Trade Collection Under Review: Application collection: Form Number: ATF F 4 Commission, 500 E Street, SW., for Tax Paid Transfer and Registration of (5320.4). Bureau of Alcohol, Tobacco, Washington, DC 20436, telephone (202) Firearm. Firearms and Explosives. 205–3065. General information (4) Affected public who will be asked concerning the Commission may also be The Department of Justice (DOJ), or required to respond, as well as a brief obtained by accessing its Internet server Bureau of Alcohol, Tobacco, Firearms abstract: Primary: Business or other for- at http://www.usitc.gov. Hearing- and Explosives (ATF), will be profit. Other: Individual or households. impaired persons are advised that submitting the following information ATF F 4 (5320.4) is required to apply for information on this matter can be collection request to the Office of the transfer and registration of a obtained by contacting the Management and Budget (OMB) for National Firearms Act (NFA) firearm. Commission’s TDD terminal on (202) review and approval in accordance with The information on the form is used by 205–1810. the Paperwork Reduction Act of 1995. NFA Branch personnel to determine the SUPPLEMENTARY INFORMATION: On The proposed information collection is legality of the application under November 8, 2008, the Commission published to obtain comments from the Federal, State and local law. published notice that it had approved public and affected agencies. Comments (5) An estimate of the total number of the initiation of a voluntary pilot are encouraged and will be accepted for respondents and the amount of time mediation program for investigations ‘‘sixty days’’ until October 29, 2010. This estimated for an average respondent to under section 337 of the Tariff Act of process is conducted in accordance with respond: It is estimated that 11,065 1930, as amended, 19 U.S.C. 1337 5 CFR 1320.10. respondents will complete a 4 hour (‘‘section 337’’). 73 FR 65615 (Nov. 8, If you have comments especially on form. 2008). the estimated public burden or (6) An estimate of the total public The Commission has determined to associated response time, suggestions, burden (in hours) associated with the issue a revised Users’ Manual for its or need a copy of the proposed collection: There are an estimated program for the mediation of information collection instrument with 44,260 annual total burden hours investigations under section 337 of the instructions or additional information, associated with this collection.

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If additional information is required proposed collection of information, DEPARTMENT OF JUSTICE contact: Lynn Bryant, Department including the validity of the Clearance Officer, Policy and Planning methodology and assumptions used; Bureau of Alcohol, Tobacco, Firearms and Explosives Staff, Justice Management Division, —Enhance the quality, utility, and Department of Justice, 2 Constitution clarity of the information to be [OMB Number 1140–0040] Square, Room 2E–502, 145 N Street, collected; and NE., Washington, DC 20530. Agency Information Collection —Minimize the burden of the collection Dated: August 24, 2010. Activities: Proposed Collection; of information on those who are to Comments Requested Lynn Bryant, respond, including through the use of Department Clearance Officer, Department of appropriate automated, electronic, ACTION: 60-Day notice of information Justice. mechanical, or other technological collection under review: Application for [FR Doc. 2010–21543 Filed 8–27–10; 8:45 am] collection techniques or other forms an amended Federal firearms license. BILLING CODE 4410–FY–P of information technology, e.g., The Department of Justice (DOJ), permitting electronic submission of Bureau of Alcohol, Tobacco, Firearms responses. DEPARTMENT OF JUSTICE and Explosives (ATF), will be Overview of this information submitting the following information Bureau of Alcohol, Tobacco, Firearms collection: collection request to the Office of and Explosives (1) Type of Information Collection: Management and Budget (OMB) for [OMB Number 1140–0009] Extension of a currently approved review and approval in accordance with collection. the Paperwork Reduction Act of 1995. Agency Information Collection The proposed information collection is Activities: Proposed Collection; (2) Title of the Form/Collection: published to obtain comments from the Comments Requested Application to Register as an Importer of public and affected agencies. Comments U.S. Munitions Import List Articles. are encouraged and will be accepted for ACTION: 60-Day Notice of Information (3) Agency form number, if any, and ‘‘sixty days’’ until October 29, 2010. This Collection Under Review: Application the applicable component of the process is conducted in accordance with to Register as an Importer of U.S. Department of Justice sponsoring the 5 CFR 1320.10. Munitions Import List Articles. collection: Form Number: ATF F 4587 If you have comments especially on (5330.4). Bureau of Alcohol, Tobacco, the estimated public burden or The Department of Justice (DOJ), Firearms and Explosives. associated response time, suggestions, Bureau of Alcohol, Tobacco, Firearms or need a copy of the proposed and Explosives (ATF), will be (4) Affected public who will be asked information collection instrument with submitting the following information or required to respond, as well as a brief instructions or additional information, collection request to the Office of abstract: Primary: Business or other for- please contact Patricia Power, Chief, Management and Budget (OMB) for profit. Other: None. The purpose of this Federal Firearms Licensing Center, 244 review and approval in accordance with information collection is to allow ATF Needy Road, Martinsburg, WV 20226. the Paperwork Reduction Act of 1995. to determine if the registrant qualifies to Written comments and suggestions The proposed information collection is engage in the business of importing a from the public and affected agencies published to obtain comments from the firearm or firearms, ammunition, and concerning the proposed collection of public and affected agencies. Comments the implements of war, and to facilitate information are encouraged. Your are encouraged and will be accepted for the collection of registration fees. comments should address one or more ‘‘sixty days’’ until October 29, 2010. This (5) An estimate of the total number of of the following four points: process is conducted in accordance with respondents and the amount of time —Evaluate whether the proposed 5 CFR 1320.10. estimated for an average respondent to collection of information is necessary If you have comments especially on respond: It is estimated that 300 for the proper performance of the the estimated public burden or respondents will complete a 30-minute functions of the agency, including associated response time, suggestions, form. whether the information will have or need a copy of the proposed practical utility; information collection instrument with (6) An estimate of the total public —Evaluate the accuracy of the agencies instructions or additional information, burden (in hours) associated with the estimate of the burden of the please contact Desiree Winger, Firearms collection: There are an estimated 150 proposed collection of information, and Explosives Imports Branch, 244 annual total burden hours associated including the validity of the Needy Road, Martinsburg, WV 25405. with this collection. methodology and assumptions used; Written comments and suggestions If additional information is required —Enhance the quality, utility, and from the public and affected agencies contact: Lynn Bryant, Department clarity of the information to be concerning the proposed collection of Clearance Officer, Policy and Planning collected; and information are encouraged. Your Staff, Justice Management Division, —Minimize the burden of the collection comments should address one or more Department of Justice, Two Constitution of information on those who are to of the following four points: Square, Room 2E–502, 145 N Street, respond, including through the use of —Evaluate whether the proposed NE., Washington, DC 20530. appropriate automated, electronic, collection of information is necessary mechanical, or other technological Dated: August 24, 2010. for the proper performance of the collection techniques or other forms functions of the agency, including Lynn Bryant, of information technology, e.g., whether the information will have Department Clearance Officer, PRA, U.S. permitting electronic submission of practical utility; Department of Justice. responses. —Evaluate the accuracy of the agencies’ [FR Doc. 2010–21545 Filed 8–27–10; 8:45 am] Overview of this information estimate of the burden of the BILLING CODE 4410–FY–P collection:

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(1) Type of Information Collection: Management and Budget (OMB) for importer or manufacturer, or dealer in Extension of a currently approved review and approval in accordance with firearms shall file an application with collection. the Paperwork Reduction Act of 1995. the required fee with ATF in accordance (2) Title of the Form/Collection: The proposed information collection is with the instructions on the form. The Application For An Amended Federal published to obtain comments from the information requested on the form Firearms License. public and affected agencies. Comments establishes eligibility for the license. (3) Agency form number, if any, and are encouraged and will be accepted for The duration of the license is for a 3 the applicable component of the ‘‘sixty days’’ until October 29, 2010. This year period. Department of Justice sponsoring the process is conducted in accordance with (5) An estimate of the total number of collection: Form Number: ATF F 5 CFR 1320.10. respondents and the amount of time 5300.38. Bureau of Alcohol, Tobacco, If you have comments especially on estimated for an average respondent to Firearms and Explosives. the estimated public burden or respond: It is estimated that 13,000 (4) Affected public who will be asked associated response time, suggestions, respondents will complete a 1 hour and or required to respond, as well as a brief or need a copy of the proposed 15 minute form. abstract: Primary: Business or other for- information collection instrument with (6) An estimate of the total public profit. Other: Individual or households. instructions or additional information, burden (in hours) associated with the The form is used when a Federal please contact Patricia Power, Chief, collection: There are an estimated firearms licensee makes application to Federal Firearms Licensing Center, 244 16,250 annual total burden hours change the location of the firearms Needy Road, Martinsburg, WV 20226. associated with this collection. business premises. The applicant must Written comments and suggestions If additional information is required certify that the proposed new business from the public and affected agencies contact: Lynn Bryant, Department premises will be in compliance with concerning the proposed collection of Clearance Officer, Policy and Planning State and local law for that location. information are encouraged. Your Staff, Justice Management Division, (5) An estimate of the total number of comments should address one or more Department of Justice, Two Constitution respondents and the amount of time of the following four points: Square, Room 2E–502, 145 N Street, NE, estimated for an average respondent to —Evaluate whether the proposed Washington, DC 20530. respond: It is estimated that 18,000 collection of information is necessary Dated: August 24, 2010. respondents will complete a 1 hour and for the proper performance of the Lynn Bryant, 15 minute form. functions of the agency, including (6) An estimate of the total public Department Clearance Officer, PRA, U.S. whether the information will have Department of Justice. burden (in hours) associated with the practical utility; [FR Doc. 2010–21535 Filed 8–27–10; 8:45 am] collection: There are an estimated —Evaluate the accuracy of the agencies 22,500 annual total burden hours estimate of the burden of the BILLING CODE 4410–FY–P associated with this collection. proposed collection of information, If additional information is required including the validity of the contact: Lynn Bryant, Department methodology and assumptions used; DEPARTMENT OF LABOR Clearance Officer, United States —Enhance the quality, utility, and Office of the Secretary Department of Justice, Justice clarity of the information to be Management Division, Policy and collected; and Submission for OMB Review; Planning Staff, Two Constitution —Minimize the burden of the collection Comment Request Square, Room 2E–502, 145 N Street, of information on those who are to NE., Washington, DC 20530. respond, including through the use of ACTION: Submission for OMB Review; Dated: August 24, 2010. appropriate automated, electronic, Comment Request. mechanical, or other technological Lynn Bryant, The Department of Labor (DOL) Department Clearance Officer, PRA, U.S. collection techniques or other forms of information technology, e.g., hereby announces the submission of the Department of Justice. following public information collection [FR Doc. 2010–21525 Filed 8–27–10; 8:45 am] permitting electronic submission of responses. request (ICR) to the Office of BILLING CODE 4410–FY–P Management and Budget (OMB) for Overview of This Information review and approval in accordance with Collection the Paperwork Reduction Act of 1995 DEPARTMENT OF JUSTICE (1) Type of Information Collection: (Pub. L. 104–13, 44 U.S.C. chapter 35). Bureau of Alcohol, Tobacco, Firearms Extension of a currently approved A copy of this ICR, with applicable and Explosives collection. supporting documentation; including, (2) Title of the Form/Collection: among other things, a description of the [OMB Number 1140–0018] Application for Federal Firearms likely respondents, proposed frequency License of response, and estimated total burden Agency Information Collection (3) Agency form number, if any, and may be obtained from the RegInfo.gov Activities: Proposed Collection; the applicable component of the Web site at http://www.reginfo.gov/ Comments Requested Department of Justice sponsoring the public/do/PRAMain or by contacting ACTION: 60-Day notice of information collection: Form Number: ATF F 7 Linda Watts Thomas on 202–693–4223 collection under review: Application for (5310.12). Bureau of Alcohol, Tobacco, (this is not a toll-free number); e-mail _ _ Federal firearms license. Firearms and Explosives. mail to: DOL PRA [email protected]. (4) Affected public who will be asked Interested parties are encouraged to The Department of Justice (DOJ), or required to respond, as well as a brief send comments to the Office of Bureau of Alcohol, Tobacco, Firearms abstract: Primary: Business or other for- Information and Regulatory Affairs, and Explosives (ATF), will be profit. Other: Individual or households. Attn: OMB Desk Officer for the submitting the following information Each person intending to engage in Department of Labor—Mine Safety and collection request to the Office of business as a firearms or ammunition Health Administration (MSHA), Office

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of Management and Budget, 725 17th magazines, etc. Section 75.1702–1 necessary for the proper performance of Street, NW., Room 10235, Washington, requires that the mine operator submit the Agency, including whether the DC 20503, Telephone: 202–395–4816/ the program for searching miners for information will have practical utility; Fax: 202–395–5806 (these are not toll- smoking materials to MSHA for • Evaluate the accuracy of the free numbers), e-mail: approval. The purpose of the program is Agency’s estimate of the burden of the [email protected] within to ensure that a fire or explosion hazard proposed collection of information, 30 days from the date of this publication does not occur. Section 103(h) of the including the validity of the in the Federal Register. In order to Mine Act, 30 U.S.C. 813, authorizes methodology and assumptions used; ensure the appropriate consideration, MSHA to collect information necessary • Enhance the quality, utility, and comments should reference the to carry out its duty in protecting the clarity of the information to be applicable OMB Control Number (see safety and health of miners. For collected; and below). additional information, see related • Minimize the burden of the The OMB is particularly interested in notice published in the Federal Register collections of information on those who comments which: on June 24, 2010, (Vol. 75 page 36120). are to respond including through the (1) Evaluate whether the proposed Dated: August 24, 2010. use of appropriate automated, electronic, mechanical, or other collection of information is necessary Linda Watts Thomas, for the proper performance of the technological collection techniques or Acting Departmental Clearance Officer. functions of the agency, including other forms of information technology, whether the information will have [FR Doc. 2010–21472 Filed 8–27–10; 8:45 am] e.g., permitting electronic submission of practical utility; BILLING CODE 4510–43–P responses. (2) Evaluate the accuracy of the Agency: Occupational Safety and Health Administration. agency’s estimate of the burden of the DEPARTMENT OF LABOR proposed collection of information, Type of Review: Extension without including the validity of the Office of the Secretary change of a previously approved methodology and assumptions used; collection. (3) Enhance the quality, utility, and Submission for OMB Review: Title of Collection: Access to clarity of the information to be Comment Request Employee Exposure and Medical collected; and Records (29 CFR 1910.1020) (4) Minimize the burden of the August 24, 2010. OMB Control Number: 1218–0065. collection of information on those who The Department of Labor (DOL) Affected Public: Business or other for- are to respond, including through the hereby announces the submission of the profits. use of appropriate automated, following public information collection Estimated Number of Respondents: electronic, mechanical, or other request (ICR) to the Office of 690,591. technological collection techniques or Management and Budget (OMB) for Estimated Total Annual Burden other forms of information technology, review and approval in accordance with Hours: 665,009. e.g., permitting electronic submission of the Paperwork Reduction Act of 1995 Estimated Total Annual Costs Burden responses. (Pub. L. 104–13, 44 U.S.C. chapter 35). (Excludes Hourly Wage Costs): $0. Agency: Mine Safety and Health A copy of the ICR, with applicable Description: Under the authority Administration. supporting documentation; including, granted by the Occupational Safety and Type of Review: Extension without among other things, a description of the Health Act of 1970, OSHA published a change of a currently approved likely respondents, proposed frequency health regulation governing access to collection. of response, and estimated total burden worker exposure monitoring data and Title of Collection: Program to Prevent may be obtained from the RegInfo.gov medical records. This regulation does Smoking Underground and in Web site at http://www.reginfo.gov/ not require employers to collect any Hazardous Surface Areas. public/do/PRAMain or by contacting information or to establish any new OMB Control Number: 1219–0041. Linda Watts Thomas on 202–693–2443 systems of records. Rather, it requires Affected Public: Business or other for- (this is not a toll-free number)/e-mail: that employers provide workers, their profit. [email protected]. designated representatives, and OSHA Total Estimated Number of Interested parties are encouraged to with access to worker exposure Respondents: 144. send comments to the Office of monitoring and medical records, and Total Number of Responses: 144. Information and Regulatory Affairs, any analyses resulting from these Total Estimated Annual Burden Attn: OMB Desk Officer for the records that employers must maintain Hours: 72. Department of Labor—Occupational under OSHA’s toxic chemical and Total Estimated Annual Cost Burden Safety and Health Administration harmful physical agent standards. In (operating/maintaining): $6,098.40. (OSHA), Office of Management and this regard, the regulation specifies Description: Section 317(c) of the Budget, Room 10235, Washington, DC requirements for record access, record Federal Mine Safety and Health Act of 20503, Telephone: 202–395–7316/Fax: retention, worker information, trade 1977 (Mine Act), 30 U.S.C. 877(c), and 202–395–5806 (these are not toll-free secret management, and record transfer. 30 CFR 75.1702 prohibit persons from numbers), E-mail: Accordingly, the Agency attributes the smoking or carrying smoking materials [email protected] within burden hours and costs associated with underground or in places where there is 30 days from the date of this publication exposure monitoring and measurement, a fire or explosion hazard. Under the in the Federal Register. In order to medical surveillance, and the other Mine Act and § 75.1702, coal mine ensure the appropriate consideration, activities required to generate the data operators are required to develop comments should reference the OMB governed by the regulation to the health programs to prevent persons from Control Number (see below). standards that specify these activities; carrying smoking materials, matches, or The OMB is particularly interested in therefore, OSHA did not include these lighters underground and to prevent comments which: burden hours and costs in the ICR. smoking in hazardous areas, such as in • Evaluate whether the proposed Access to exposure and medical or around oil houses, explosives information collection requirements are information enables workers and their

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designated representatives to become comments should reference the Dated: August 24, 2010. directly involved in identifying and applicable OMB Control Number (see Linda Watts Thomas, controlling occupational health hazards, below). Acting Departmental Clearance Officer. as well as managing and preventing The OMB is particularly interested in [FR Doc. 2010–21514 Filed 8–27–10; 8:45 am] occupationally-related health comments which: BILLING CODE 4510–43–P impairment and disease. Providing the (1) Evaluate whether the proposed Agency with access to the records collection of information is necessary permits it to ascertain whether or not for the proper performance of the DEPARTMENT OF LABOR employers are complying with the functions of the agency, including regulation, as well as the recordkeeping whether the information will have Employment and Training requirements of its other health practical utility; Administration standards; therefore, OSHA access (2) Evaluate the accuracy of the [TA–W–73,376] provides additional assurance that agency’s estimate of the burden of the workers and their designated proposed collection of information, Wacker Neuson Corporation, a representative are able to obtain the data including the validity of the Subsidiary of Wacker Neuson SE, they need to conduct their analyses. methodology and assumptions used; Menomonee Falls, WI; Notice of For additional information, see the (3) Enhance the quality, utility, and Affirmative Determination Regarding related 60-day preclearance notice clarity of the information to be Application for Reconsideration published in the Federal Register, April collected; and 26, 2010, (Vol. 75, page 21662). By application dated August 17, 2010, (4) Minimize the burden of the a company official requested Linda Watts Thomas, collection of information on those who administrative reconsideration of the Acting Departmental Clearance Officer. are to respond, including through the affirmative determination regarding [FR Doc. 2010–21529 Filed 8–27–10; 8:45 am] use of appropriate automated, workers’ eligibility to apply for Trade BILLING CODE 4510–26–P electronic, mechanical, or other Adjustment Assistance (TAA) technological collection techniques or applicable to workers and former other forms of information technology, workers of the subject firm. The DEPARTMENT OF LABOR e.g., permitting electronic submission of certification of eligibility was issued on responses. July 30, 2010. The Notice of Office of the Secretary Agency: Mine Safety and Health determination was published in the Federal Register on August 13, 2010 (75 Submission for OMB Review; Administration. FR 49530). The workers produce a Comment Request Type of Review: Extension without change of a currently approved variety of construction equipment and ACTION: Notice. collection. are not separately identifiable by Title of Collection: Safety Standards product line. The Department of Labor (DOL) for Underground Coal Mine The initial investigation resulted in a hereby announces the submission of the Ventilation—Belt Entry Used as an positive determination based on the following public information collection Intake Air Course to Ventilate Working findings that a significant proportion or request (ICR) to the Office of Sections and Areas Where Mechanized number of the workers at the subject Management and Budget (OMB) for Mining Equipment Is Being Installed or firm were totally or partially separated, review and approval in accordance with Removed. or threatened with such separation, that the Paperwork Reduction Act of 1995 OMB Control Number: 1219–0138. the subject firm has shifted to a foreign (Pub. L. 104–13, 44 U.S.C. chapter 35). Affected Public: Business or other for- country the production of articles like or A copy of this ICR, with applicable profit. directly competitive with the supporting documentation; including, construction equipment produced by Total Estimated Number of among other things, a description of the the workers, and that this shift of Respondents: 21. likely respondents, proposed frequency production contributed importantly to of response, and estimated total burden Total Number of Responses: 251. worker group separations at the subject may be obtained from the RegInfo.gov Total Estimated Annual Burden firm. Web site at http://www.reginfo.gov/ Hours: 4,255. In the request for reconsideration, the public/do/PRAMain or by contacting Total Estimated Annual Cost Burden company official states that the shift Linda Watts Thomas on 202–693–4223 (operating/maintaining): $303,512. abroad did not contribute importantly to (this is not a toll-free number); e-mail: Description: The Safety Standards for worker separations at the subject firm [email protected]. Underground Coal Mine Ventilation because the article shifted required only Interested parties are encouraged to Belt Entry rule provides safety a few workers and that once the work send comments to the Office of requirements for the use of the conveyor was shifted abroad, the workers were Information and Regulatory Affairs, belt entry as a ventilation intake to reassigned to other product lines. The Attn: OMB Desk Officer for the course fresh air to working sections and company official further states that the Department of Labor—Mine Safety and areas where mechanized mining separated workers have been recalled to Health Administration (MSHA), Office equipment is being installed or removed work because the production of the of Management and Budget, 725 17th in mines with three or more entries. other lines have increased despite the Street, NW., Room 10235, Washington, This rule establishes additional shift of production of the one line of DC 20503, Telephone: 202–395–4816/ protective provisions that mine construction equipment to the Fax: 202–395–5806 (these are not toll- operators must follow if they want to Philippines. free numbers), e-mail: use belt air to ventilate working The Department has carefully [email protected] within sections. For additional information, see reviewed the request for reconsideration 30 days from the date of this publication related notice published in the Federal and the existing record, and has in the Federal Register. In order to Register on June 24, 2010 (Vol. 75 page determined that the Department will ensure the appropriate consideration, 36121–36122). conduct further investigation to

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determine whether the workers do meet New information shows that workers March 4, 2010 to include on-site leased the eligibility requirements of the Trade leased from Syncreon were employed workers from Caravan Knight Facilities Act of 1974, as amended. on-site at the Twinsburg, Ohio location Management LLC. The notice was of Chrysler, LLC, Twinsburg Stamping published in the Federal Register on Conclusion Plant. The Department has determined March 12, 2010 (75 FR 111914). After careful review of the that these workers were sufficiently At the request of a company official application, I conclude that the claim is under the control of the subject firm to and the State agency, the Department of sufficient weight to justify be considered leased workers. Based on reviewed the certification for workers of reconsideration of the U.S. Department these findings, the Department is the subject firm. The workers are of Labor’s prior decision. The amending this certification to include engaged in the production of automotive application is, therefore, granted. workers leased from Syncreon working axles, a substantial proportion of which Signed at Washington, DC, this 18th day of on-site at the Twinsburg, Ohio location are shipped to an affiliated plant where August, 2010. of Chrysler, LLC, Twinsburg Stamping they are used in the assembly of Del Min Amy Chen, Plant. automotive vehicles. Certifying Officer, Office of Trade Adjustment The amended notice applicable to New information shows that workers Assistance. TA–W–64,619 is hereby issued as leased from Syncreon were employed [FR Doc. 2010–21398 Filed 8–27–10; 8:45 am] follows: on-site at the Detroit, Michigan location BILLING CODE 4510–FN–P All workers of Chrysler, LLC, Twinsburg of Chrysler, LLC, Detroit Axle Plant. Stamping Plant, including on-site leased The Department has determined that workers from Caravan Knight Facilities these workers were sufficiently under DEPARTMENT OF LABOR Management LLC, Wackenhut Security, CR the control of the subject firm to be Associates, and Syncreon, Twinsburg, Ohio, considered leased workers. Based on Employment and Training who became totally or partially separated these findings, the Department is Administration from employment on or after December 2, amending this certification to include 2007, through February 4, 2011, are eligible workers leased from Syncreon, working [TA–W–64,619] to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are on-site at the Detroit, Michigan location Chrysler, LLC; Twinsburg Stamping also eligible to apply for alternative trade of Chrysler, LLC, Detroit Axle Plant. Plant, Including On-Site Leased adjustment assistance under Section 246 of The amended notice applicable to Workers from Caravan Knight the Trade Act of 1974. TA–W–64,631 is hereby issued as Facilities Management LLC, follows: Wackenhut Security, CR Associates, Signed at Washington, DC, this 13th day of August, 2010. All workers of Chrysler, LLC, Detroit Axle and Syncreon, Twinsburg, OH; Del Min Amy Chen, Plant, including on-site leased workers from Amended Certification Regarding Caravan Knight Facilities Management LLC, Certifying Officer, Division of Trade Eligibility To Apply for Worker and Syncreon, Detroit, Michigan, who Adjustment Assistance. Adjustment Assistance and Alternative became totally or partially separated from Trade Adjustment Assistance [FR Doc. 2010–21395 Filed 8–27–10; 8:45 am] employment on or after December 8, 2007, BILLING CODE 4510–FN–P through January 12, 2011, are eligible to In accordance with Section 223 of the apply for adjustment assistance under Trade Act of 1974 (19 U.S.C 2273), and Section 223 of the Trade Act of 1974, and are Section 246 of the Trade Act of 1974 (26 DEPARTMENT OF LABOR also eligible to apply for alternative trade U.S.C. 2813), as amended, the adjustment assistance under Section 246 of Department of Labor issued a Employment and Training the Trade Act of 1974. Certification of Eligibility to Apply for Administration Signed at Washington, DC this 19th day of Worker Adjustment Assistance and [TA–W–64,631] August, 2010. Alternative Trade Adjustment Del Min Amy Chen, Assistance on February 4, 2009, Chrysler, LLC, Detroit Axle Plant, Certifying Officer, Division of Trade applicable to workers of Chrysler, LLC, Including On-Site Leased Workers Adjustment Assistance. Twinsburg Stamping Plant, Twinsburg, from Caravan Knight Facilities [FR Doc. 2010–21396 Filed 8–27–10; 8:45 am] Ohio. The notice was published in the Management LLC, and Syncreon, BILLING CODE 4510–FN–P Federal Register on March 3, 2009 (74 Detroit, MI; Amended Certification FR 9282). The certification was Regarding Eligibility To Apply for amended on June 29, 2009 and August Worker Adjustment Assistance and DEPARTMENT OF LABOR 28, 2009 to include on-site leased Alternative Trade Adjustment workers from Caravan Knight Facilities Assistance Employment and Training Management LLC, Wackenhut Security, Administration and CR Associates. The notices were In accordance with Section 223 of the [TA–W–73,758] published in the Federal Register on Trade Act of 1974 (19 U.S.C. 2273), and July 14, 2009 (74 FR 34042) and Section 246 of the Trade Act of 1974 (26 Bluescope Buildings North America, September 22, 2009 (74 FR 48297– U.S.C. 2813), as amended, the Including Workers Whose 48298), respectively. Department of Labor issued a Unemployment Insurance (UI) Wages At the request of the State agency, the Certification of Eligibility to Apply for Are Reported Through Butler Department reviewed the certification Worker Adjustment Assistance and Manufacturing Company, Laurinburg, for workers of the subject firm. The Alternative Trade Adjustment NC; Amended Certification Regarding workers are engaged in the production Assistance on January 12, 2009, Eligibility To Apply for Worker of metal automotive stampings, a applicable to workers of Chrysler, LLC, Adjustment Assistance substantial proportion of which are Detroit Axle Plant, Detroit, Michigan. shipped to an affiliated plant where The notice was published in the Federal In accordance with Section 223 of the they are used in the assembly of Register on February 2, 2009 (74 FR Trade Act of 1974, as amended (‘‘Act’’), automotive vehicles. 5870). The notice was amended on 19 U.S.C. 2273, the Department of Labor

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issued a Certification of Eligibility to DEPARTMENT OF LABOR Signed at Washington, DC, this 13th day of Apply for Worker Adjustment August, 2010. Assistance on May 18, 2010, applicable Employment and Training Del Min Amy Chen, to workers of BlueScope Buildings Administration Certifying Officer, Division of Trade Adjustment Assistance. North America, Laurinburg, North [TA–W–70,784] Carolina. The notice was published in [FR Doc. 2010–21397 Filed 8–27–10; 8:45 am] the Federal Register on June 7, 2010 (75 Chrysler Group LLC, Formally Known BILLING CODE 4510–FN–P FR 32224). as Chrysler LLC, Kenosha Engine Plant, Including On-Site Leased At the request of the State Agency, the Workers From Caravan Knight DEPARTMENT OF LABOR Department reviewed the certification Facilities Management LLC and for workers of the subject firm. The Syncreon, Kenosha, WI; Amended Employment and Training workers are engaged in activities related Certification Regarding Eligibility To Administration to prefabricated metal building Apply for Worker Adjustment components. Notice of Determinations Regarding Assistance Eligibility To Apply for Worker New information shows that some In accordance with Section 223 of the Adjustment Assistance workers separated from employment at Trade Act of 1974, as amended (‘‘Act’’), In accordance with Section 223 of the BlueScope Buildings North America 19 U.S.C. 2273, the Department of Labor had their wages reported through a Trade Act of 1974, as amended (19 issued a Certification of Eligibility to U.S.C. 2273) the Department of Labor separate unemployment insurance (UI) Apply for Worker Adjustment tax account under the name Butler herein presents summaries of Assistance on September 2, 2009, determinations regarding eligibility to Manufacturing Company, a division of applicable to workers of Chrysler Group BlueScope Buildings North America. apply for trade adjustment assistance for LLC, formally known as Chrysler, LLC, workers by (TA–W) number issued Accordingly, the Department is Kenosha Engine Plant, Kenosha, during the period of August 9, 2010 amending this certification to properly Wisconsin. The notice was published in through August 13, 2010. reflect this matter. the Federal Register on November 5, In order for an affirmative 2009 (74 FR 57340). The notice was The intent of the Department’s determination to be made for workers of amended on May 10, 2010 to include certification is to include all workers of a primary firm and a certification issued on-site leased workers from Caravan regarding eligibility to apply for worker the subject firm who were adversely Knight Facilities Management LLC. The affected by a shift in the production of adjustment assistance, each of the group notice was published in the Federal eligibility requirements of Section prefabricated metal building Register on June 16, 2010 (75 FR 34170– components to Mexico. 222(a) of the Act must be met. 34171). I. Under Section 222(a)(2)(A), the The amended notice applicable to At the request of the state, the following must be satisfied: TA–W–73,758 is hereby issued as Department reviewed the certification (1) A significant number or proportion follows: for workers of the subject firm. The of the workers in such workers’ firm workers are engaged in activities in have become totally or partially All workers of BlueScope Buildings North production of V–6 automobile engines. America, including workers whose separated, or are threatened to become The company reports that workers totally or partially separated; unemployment insurance (UI) wages are leased from Syncreon were employed reported through Butler Manufacturing (2) The sales or production, or both, on-site at the Kenosha, Wisconsin of such firm have decreased absolutely; Company, Laurinburg, North Carolina, who location of Chrysler Group LLC, became totally or partially separated from and formally known as Chrysler, LLC, employment on or after March 19, 2009, (3) One of the following must be Kenosha Engine Plant. through May 18, 2012, and all workers in the satisfied: The Department has determined that (A) Imports of articles or services like group threatened with total or partial these workers were sufficiently under separation from employment on date of or directly competitive with articles the control of the subject firm to be certification through two years from the date produced or services supplied by such considered leased workers. Based on of certification, are eligible to apply for firm have increased; these findings, the Department is adjustment assistance under Chapter 2 of (B) Imports of articles like or directly amending this certification to include Title II of the Trade Act of 1974, as amended. competitive with articles into which one workers leased from Sycreon working or more component parts produced by Signed in Washington, DC, this 13th day of on-site at the Kenosha Engine Plant. such firm are directly incorporated, August, 2010. The amended notice applicable to have increased; Del Min Amy Chen, TA–W–70,784 is hereby issued as (C) Imports of articles directly Certifying Officer, Office of Trade Adjustment follows: incorporating one or more component Assistance. All workers at Chrysler Group LLC, parts produced outside the United [FR Doc. 2010–21399 Filed 8–27–10; 8:45 am] formally known as Chrysler, LLC, Kenosha States that are like or directly Engine Plant, including on-site leased competitive with imports of articles BILLING CODE 4510–FN–P workers from Caravan Knight Facilities incorporating one or more component Management LLC and Syncreon, Kenosha, parts produced by such firm have Wisconsin, who became totally or partially increased; separated from employment on or after May (D) Imports of articles like or directly 27, 2008, through September 2, 2011, and all competitive with articles which are workers in the group threatened with total or partial separation from employment on the produced directly using services date of certification through two years from supplied by such firm, have increased; the date of certification, are eligible to apply and for adjustment assistance under Chapter 2 of (4) The increase in imports Title II of the Trade Act of 1974, as amended. contributed importantly to such

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workers’ separation or threat of In order for an affirmative (A) An affirmative determination of separation and to the decline in the determination to be made for adversely serious injury or threat thereof under sales or production of such firm; or affected secondary workers of a firm and section 202(b)(1); II. Section 222(a)(2)(B) all of the a certification issued regarding (B) An affirmative determination of following must be satisfied: eligibility to apply for worker market disruption or threat thereof (1) A significant number or proportion adjustment assistance, each of the group under section 421(b)(1); or of the workers in such workers’ firm eligibility requirements of Section (C) An affirmative final determination have become totally or partially 222(c) of the Act must be met. of material injury or threat thereof under separated, or are threatened to become (1) A significant number or proportion section 705(b)(1)(A) or 735(b)(1)(A) of totally or partially separated; of the workers in the workers’ firm have the Tariff Act of 1930 (19 U.S.C. (2) One of the following must be become totally or partially separated, or 1671d(b)(1)(A) and 1673d(b)(1)(A)); satisfied: are threatened to become totally or (2) the petition is filed during the 1- (A) There has been a shift by the partially separated; year period beginning on the date on workers’ firm to a foreign country in the (2) The workers’ firm is a Supplier or which— production of articles or supply of Downstream Producer to a firm that (A) A summary of the report services like or directly competitive employed a group of workers who submitted to the President by the with those produced/supplied by the received a certification of eligibility International Trade Commission under workers’ firm; under Section 222(a) of the Act, and section 202(f)(1) with respect to the (B) There has been an acquisition such supply or production is related to affirmative determination described in from a foreign country by the workers’ the article or service that was the basis paragraph (1)(A) is published in the firm of articles/services that are like or for such certification; and Federal Register under section 202(f)(3); directly competitive with those (3) Either— or produced/supplied by the workers’ firm; (A) The workers’ firm is a supplier (B) Notice of an affirmative and (3) The shift/acquisition contributed and the component parts it supplied to determination described in importantly to the workers’ separation the firm described in paragraph (2) subparagraph (1) is published in the or threat of separation. accounted for at least 20 percent of the Federal Register; and In order for an affirmative production or sales of the workers’ firm; (3) The workers have become totally determination to be made for adversely or or partially separated from the workers’ affected workers in public agencies and (B) A loss of business by the workers’ firm within— a certification issued regarding firm with the firm described in (A) The 1-year period described in eligibility to apply for worker paragraph (2) contributed importantly to paragraph (2); or adjustment assistance, each of the group the workers’ separation or threat of (B) Notwithstanding section 223(b)(1), eligibility requirements of Section separation. the 1- year period preceding the 1-year 222(b) of the Act must be met. In order for an affirmative period described in paragraph (2). (1) A significant number or proportion determination to be made for adversely affected workers in firms identified by Affirmative Determinations for Worker of the workers in the public agency have Adjustment Assistance become totally or partially separated, or the International Trade Commission and are threatened to become totally or a certification issued regarding The following certifications have been partially separated; eligibility to apply for worker issued. The date following the company (2) The public agency has acquired adjustment assistance, each of the group name and location of each from a foreign country services like or eligibility requirements of Section 222(f) determination references the impact directly competitive with services of the Act must be met. date for all workers of such which are supplied by such agency; and (1) The workers’ firm is publicly determination. (3) The acquisition of services identified by name by the International The following certifications have been contributed importantly to such Trade Commission as a member of a issued. The requirements of Section workers’ separation or threat of domestic industry in an investigation 222(a)(2)(A) (increased imports) of the separation. resulting in— Trade Act have been met.