2–12–09 Thursday Vol. 74 No. 28 Feb. 12, 2009

Pages 6989–7178

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Contents Federal Register Vol. 74, No. 28

Thursday, February 12, 2009

Agency for International Development Employment and Training Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Investigations Regarding Certifications of Eligibility to Submissions, and Approvals, 7033 Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 7078–7080 Agriculture Department Termination of Investigation: See Forest Service Santoku America, Inc.; Tolleson, AZ, 7080 Energy Department Alcohol, Tobacco, Firearms, and Explosives Bureau See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Environmental Protection Agency Submissions, and Approvals, 7075–7076 PROPOSED RULES 8–Hour Ozone National Ambient Air Quality Standard: Revision on Subpart 1 Area Reclassification and Anti- Arts and Humanities, National Foundation Backsliding Provisions Under Former 1–Hour Ozone See National Foundation on the Arts and the Humanities Standard, etc., 7027–7029 NOTICES Centers for Disease Control and Prevention California State Motor Vehicle Pollution Control Standards: NOTICES Greenhouse Gas Regulations; Reconsideration of Previous Agency Information Collection Activities; Proposals, Denial of a Waiver of Preemption, 7040–7042 Submissions, and Approvals, 7066–7068 Final National Pollutant Discharge Elimination System (NPDES): Centers for Medicare & Medicaid Services General Permit for Discharges Incidental to the Normal Operation of a Vessel for Alaska and Hawaii, 7042– PROPOSED RULES 7046 Medicare Program: Public Teleconference: Changes to the Competitive Acquisition of Certain Chartered Science Advisory Board, 7046 Durable Medical Equipment, Prosthetics, Orthotics and Supplies; Correction, 7029 Executive Office of the President See Management and Budget Office Coast Guard RULES Federal Aviation Administration Transportation Worker Identification Credential (TWIC) RULES Implementation in the Maritime Sector: Update of August 2001 Overflight Fees, 6989–6990 Hazardous Materials Endorsement for a Commercial PROPOSED RULES Driver’s License, 6994–6995 Airworthiness Directives: PROPOSED RULES M7 Aerospace LP Models SA226 AT, SA226 T, SA226 Regulated Navigation Areas: TC, SA227 AC (C 26A), SA227 AT, SA227 BC (C Bars along the Coasts of Oregon and Washington, 7022– 26A), SA227 CC, and SA227 DC (C 26B) Airplanes, 7027 7006–7010 Rolls-Royce Deutschland Ltd & Co KG Model BR700– 715A1–30, BR700–715B1–30, and BR700–715C1–30 Commerce Department Turbofan Engines, 7004–7006 See National Oceanic and Atmospheric Administration Rolls-Royce plc (RR) RB211–535E4 series Turbofan Engines, 7002–7004 Consumer Product Safety Commission Establishment of Class E Airspace: RULES Nantucket, MA, 7010–7011 Children’s Products Containing Lead; Exemptions for Proposed Amendment and Establishment of Restricted Certain Electronic Devices, 6990–6993 Areas and Other Special Use Airspace: PROPOSED RULES Avon Park Air Force Range; FL, 7018–7021 Children’s Products Containing Lead: Proposed Amendment of Class E Airspace: Exemptions for Certain Electronic Devices; Withdrawal, Ironwood, MI, 7011–7012 7021 Proposed Establishment, Revision, and Removal of Area Navigation (RNAV) Routes; Alaska Defense Department Proposed Establishment, Revision, and Removal of Area Navigation (RNAV), 7012–7018 See Navy Department NOTICES Meetings: Education Department Civil Supersonic Aircraft Panel Discussion, 7092 NOTICES RTCA Special Committee 147 Sixty Eighth Plenary; Agency Information Collection Activities; Proposals, Minimum Operational Performance Standards for Submissions, and Approvals, 7036–7038 Traffic Alert, etc., 7092–7093

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Federal Communications Commission General Services Administration NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Advisory Committee for the 2011 World Submissions, and Approvals, 7065 Radiocommunication Conference, 7046–7047 Health and Human Services Department Federal Energy Regulatory Commission See Centers for Disease Control and Prevention NOTICES See Centers for Medicare & Medicaid Services Complaint: See Food and Drug Administration City of Arma, KS v. Westar Energy, Inc., 7038 See National Institutes of Health Environmental Impact Statements; Availability, etc.: NOTICES Energy Northwest, 7039 Meetings: Initial Market-Based Rate Filing: Advisory Committee on Minority Health, 7065–7066 Vista Energy Marketing, LP, 7039 Secretary’s Advisory Committee on Human Research Records Governing Off-the-Record Communications, 7039– Protections, 7066 7040 Technical Conference: Homeland Security Department Integrating Renewable Resources Into the Wholesale See Coast Guard Electric Grid, 7040 See U.S. Immigration and Customs Enforcement Interior Department Federal Housing Financing Agency See Fish and Wildlife Service NOTICES See Land Management Bureau Federal Home Loan Bank Members Selected for Community Support Review, 7047–7061 Internal Revenue Service PROPOSED RULES Federal Motor Carrier Safety Administration Consequences of Failing to Defer Receipt of Qualified NOTICES Retirement Plan Distributions: Qualification of Drivers; Exemption Applications; Diabetes, Expansion of Applicable Election Period and Period for 7093–7097 Notices; Hearing Cancellation, 7021–7022 Qualification of Drivers; Exemption Applications; Vision, NOTICES 7097–7101 Agency Information Collection Activities; Proposals, Qualification of Drivers; Exemption Renewals; Vision, Submissions, and Approvals, 7103–7106 7101–7102 Justice Department Federal Railroad Administration See Alcohol, Tobacco, Firearms, and Explosives Bureau RULES NOTICES Railroad Safety Enforcement Procedures: Consent Decree: Enforcement, Appeal and Hearing Procedures for Rail United States of America et al. v. Knoxville Utilities Routing Decisions, 6995 Board, 7075

Federal Reserve System Labor Department NOTICES See Employment and Training Administration Formations of, Acquisitions by, and Mergers of Bank NOTICES Holding Companies, 7061 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7076–7078 Federal Trade Commission Land Management Bureau NOTICES NOTICES Agency Information Collection Activities; Proposals, Temporary Vehicle Closures and Restrictions: Submissions, and Approvals, 7061–7065 Robledo Mountains Off–Highway Vehicle Trails During the 2009 Chili Challenge; Las Cruces District Office, Fish and Wildlife Service NM, 7074–7075 NOTICES Endangered and Threatened Wildlife and Plants: Management and Budget Office Permit Applications, 7073–7074 NOTICES Changes to the 2000 Standards for Defining Metropolitan Food and Drug Administration and Micropolitan Statistical Areas, 7172–7177 RULES Implantation or Injectable Dosage Form New Animal Drugs: National Archives and Records Administration Flunixin, 6993–6994 NOTICES Records Schedules; Availability and Request for Comments, Forest Service 7080–7081 NOTICES Meetings: National Foundation on the Arts and the Humanities Fresno County Resource Adivsory Committee, 7033 NOTICES Idaho Panhandle Resource Advisory Committee, 7033– Meetings: 7034 Arts Advisory Panel, 7081

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National Highway Traffic Safety Administration Office of Management and Budget NOTICES See Management and Budget Office Receipt of Application for a Temporary Exemption from Federal Motor Vehicle Safety Standard No. 224: Public Health Service Beall Corp., 7102–7103 See Centers for Disease Control and Prevention See Food and Drug Administration National Institutes of Health See National Institutes of Health NOTICES Meetings: Eunice Kennedy Shriver National Institute of Child Securities and Exchange Commission Health and Human Development, 7068 NOTICES National Cancer Institute, 7068–7069 Applications: National Heart, Lung, and Blood Institute, 7069–7070 Advisors Asset Management, Inc. and Advisors National Institute of Allergy and Infectious Diseases, Disciplined Trust, 7082–7084 7070–7071 National Institute of Diabetes and Digestive and Kidney Small Business Administration Diseases, 7070 NOTICES National Institute of General Medical Sciences, 7070– Small Business Size Standards; Waiver of the 7071 Nonmanufacturer Rule, 7084–7085 National Institute of Mental Health, 7071 Recombinant DNA Advisory Committee, 7071–7072 State Department NOTICES National Oceanic and Atmospheric Administration Bureau of Educational and Cultural Affairs (ECA) Request RULES for Grant Proposals: Fisheries in the Western Pacific: Sports, Cultural, and Youth Visitor Program, 7085–7091 Bottomfish and Seamount Groundfish Fisheries; 2008–09 New and Revised Conservation and Management Measures Main Hawaiian Islands Bottomfish Total Allowable and Resolutions for Antarctic Marine Living Resources Catch, 6998–7001 Under the Auspices of CCAMLR, 7110–7170 Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Catcher Processors Using Hook and Line Thrift Supervision Office Gear in the Bering Sea and Aleutian Islands Management Area, 7001 NOTICES Fisheries of the Northeastern United States: Appointment of Receiver: Summer Flounder Fishery; Quota Transfer, 6997 Suburban Federal Savings Bank, Crofton, MD, 7106 Fisheries off West Coast States: Approval of Conversion Application: Pacific Coast Groundfish Fishery; Pacific Whiting Newton County Loan and Savings, FSB, Goodland, IN, Allocation, 6997–6998 7106–7107 Fraser River Sockeye Salmon Fisheries: Inseason Orders, 6995–6997 Transportation Department PROPOSED RULES See Federal Aviation Administration Magnuson-Stevens Act Provisions; Fisheries of the See Federal Motor Carrier Safety Administration Northeastern United States: See Federal Railroad Administration 2009 Georges Bank Cod Fixed Gear Sector Operations See National Highway Traffic Safety Administration Plan and Agreement, and Allocation of Georges Bank NOTICES Cod Total Allowable Catch, 7029–7032 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 7091–7092 Meetings: Caribbean Fishery Management Council, 7034 Treasury Department New and Revised Conservation and Management Measures See Internal Revenue Service and Resolutions for Antarctic Marine Living Resources See Thrift Supervision Office Under the Auspices of CCAMLR, 7110–7170 Taking and Importing Marine Mammals: U.S. Immigration and Customs Enforcement Taking Marine Mammals Incidental to Space Vehicle and NOTICES Test Flight Activities from Vandenberg Air Force Agency Information Collection Activities; Proposals, Base, CA, 7034–7035 Submissions, and Approvals, 7072–7073 National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Separate Parts In This Issue Submissions, and Approvals, 7081–7082 Part II Navy Department Commerce Department, National Oceanic and Atmospheric NOTICES Administration, 7110–7170 Meetings: State Department, 7110–7170 U.S. Naval Academy Board of Visitors, 7035–7036 Nuclear Regulatory Commission Part III RULES Management and Budget Office, 7172–7177 Protection of Safeguards Information; Correction, 6989

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Reader Aids To subscribe to the Federal Register Table of Contents Consult the Reader Aids section at the end of this page for LISTSERV electronic mailing list, go to http:// phone numbers, online resources, finding aids, reminders, listserv.access.gpo.gov and select Online mailing list and notice of recently enacted public laws. 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.

10 CFR 2...... 6989 30...... 6989 40...... 6989 50...... 6989 52...... 6989 60...... 6989 63...... 6989 70...... 6989 71...... 6989 72...... 6989 73...... 6989 76...... 6989 150...... 6989 14 CFR 187...... 6989 Proposed Rules: 39 (3 documents) ...7002, 7004, 7006 71 (3 documents) ...7010, 7011, 7012 73...... 7018 16 CFR 1500...... 6990 Proposed Rules: 1500...... 7021 21 CFR 522...... 6993 26 CFR Proposed Rules: 1...... 7021 33 CFR 105...... 6994 Proposed Rules: 165...... 7022 40 CFR Proposed Rules: 50...... 7027 51...... 7027 42 CFR Proposed Rules: 414...... 7029 49 CFR 209...... 6995 50 CFR 300...... 6995 648...... 6997 660...... 6997 665...... 6998 679...... 7001 Proposed Rules: 648...... 7029

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Rules and Regulations Federal Register Vol. 74, No. 28

Thursday, February 12, 2009

This section of the FEDERAL REGISTER (2005), secs. 147 and 149 of the Atomic determined by the FAA. In making contains regulatory documents having general Energy Act. membership selections, the FAA will applicability and legal effect, most of which Dated in Rockville, Maryland, this 6th day consider geographic diversity, are keyed to and codified in the Code of of February 2009. operational differences, and the amount Federal Regulations, which is published under of Overflight Fees paid to the FAA by 50 titles pursuant to 44 U.S.C. 1510. For the Nuclear Regulatory Commission. Michael T. Lesar, the requester in fiscal year 2008. If you The Code of Federal Regulations is sold by Chief, Rulemaking, Directives, and Editing want to be considered for selection as a the Superintendent of Documents. Prices of Branch, Division of Administrative Services, member of the ARC, you need to notify new books are listed in the first FEDERAL Office of Administration. the contact person listed in this Notice REGISTER issue of each week. [FR Doc. E9–3074 Filed 2–11–09; 8:45 am] within 30 days of the date of publication BILLING CODE 7590–01–P of the Notice. Issued in Washington, DC, on February 5, NUCLEAR REGULATORY 2009. COMMISSION DEPARTMENT OF TRANSPORTATION Ramesh K. Punwani, 10 CFR Parts 2, 30, 40, 50, 52, 60, 63, Assistant Administrator for Financial 70, 71, 72, 73, 76, and 150 Federal Aviation Administration Services/CFO, Federal Aviation Administration. RIN 3150–AH57 14 CFR Part 187 Order [NRC–2005–0001] Update of August 2001 Overflight Fees Federal Aviation Administration Overflight Fee Aviation Rulemaking Protection of Safeguards Information; AGENCY: Federal Aviation Committee Charter Correction Administration (FAA), DOT. 1. Purpose. This order constitutes the AGENCY: Nuclear Regulatory ACTION: Notice of establishment of an charter for the Overflight Fee Aviation Commission. Aviation Rulemaking Committee on Rulemaking Committee (the ACTION: Final rule; correction. Overflight Fees. ‘‘Committee’’) that is designated and established pursuant to the SUMMARY: On December 17, 2008, the SUMMARY: This document corrects a rule Administrator’s authority under 49 that appeared in the Federal Register on Acting Administrator of the Federal Aviation Administration (FAA) U.S.C. 106(p)(5). October 24, 2008 (73 FR 63545), that 2. Distribution. This order is approved the Charter of an Aviation amends the regulations for the distributed at the director level in Rulemaking Committee (ARC) created protection of Safeguards Information Washington headquarters and for the purpose of consulting with the (SGI) to protect SGI from inadvertent throughout the Office of the Associate FAA regarding the cost of providing air release and unauthorized disclosure Administrator for Financial Services traffic control and related services to which might compromise the security of and the Air Traffic Organization. nuclear facilities and materials. This overflights, and providing advice and 3. Background. Section 273 of the action is necessary to correct an recommendations to the Administrator Federal Aviation Reauthorization Act of erroneous authority citation. regarding the future level of FAA’s 1996, 49 U.S.C. 45301 (the ‘‘1996 Act’’), Overflight Fees. This Notice includes a DATES: Effective February 23, 2009. authorized the FAA to impose fees on copy of the Overflight Fees ARC Charter FOR FURTHER INFORMATION CONTACT: aircraft that traverse U.S.-controlled and information about how to request to airspace but neither take off nor land in Michael T. Lesar, Chief, Rulemaking, participate as a member of the ARC. Directives, and Editing Branch, Division the United States. Under the 1996 Act, FOR FURTHER INFORMATION CONTACT: For of Administrative Services, Office of ‘‘[s]ervices for which costs may be more information, please contact Dave Administration, U.S. Nuclear Regulatory recovered include the costs of air traffic Lawhead, Office of Financial Controls Commission, Washington, DC 20555– control, navigation, weather services, (AFC–300), FAA, Washington, DC 0001; telephone (301) 492–3663, e-mail: training and emergency services which 20591. E-mail: [email protected], [email protected]. are available to facilitate safe or by phone at (202) 267–9759. transportation over the United States, SUPPLEMENTARY INFORMATION: In FR doc. SUPPLEMENTARY INFORMATION: The and other services provided by the E8–24904, published on October 24, Overflight Fees ARC Charter is printed Administrator or by programs financed 2008, on page 63571, in the second in its entirety immediately following by the Administrator to flights that column, under instruction 20, the this Notice. Please note that, in addition neither take off nor land in the United authority citation for 10 CFR part 52 is to the Chair, and a Vice-Chair, if one is States.’’ 49 U.S.C. 45301(b)(1)(B). At the corrected to read as follows: designated, the ARC will be limited to time of its enactment, section 273 Authority: Secs. 103, 104, 161, 182, 183, no more than 15 other members, each of provided that the FAA Administrator 186, 189, 68 Stat. 936, 948, 953, 954, 955, whom will serve totally at their own ‘‘shall ensure that each of the 956, as amended, sec. 234, 83 Stat. 444, as expense, with no compensation, per [overflight] fees * * * is directly related amended (42 U.S.C. 2133, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, 202, 206, 88 diem, or reimbursement of expenses of to the Administration’s costs * * * of Stat. 1242, 1244, 1246, as amended (42 U.S.C. any kind. If more than 15 air carriers, providing the service rendered.’’ 49 5841, 5842, 5846); sec. 1704, 112 Stat. 2750 trade associations, or other system users U.S.C. 45301(b)(1)(B)(1996). In (44 U.S.C. 3504 note); Energy Policy Act of express an interest in serving on the November 2001, Section 273 was 2005, Pub. L. No. 109–58, 119 Stat. 594 Committee, membership will be amended to state that the Administrator

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‘‘shall ensure that each of the fees * * * shall receive all Committee Dated: December 17, 2008. is reasonably related to the recommendations and reports. The Robert A. Sturgell, Administration’s costs, as determined Associate Administrator shall also be Acting Administrator. by the Administrator, of providing the responsible for providing administrative [FR Doc. E9–2985 Filed 2–11–09; 8:45 am] service rendered * * *.’’ Section 119(d) support for the Committee and shall BILLING CODE 4910–13–P of the Aviation and Transportation provide a secretariat. The Chair shall be Security Act of 2001, Public Law 107– responsible for establishment of the 71. procedures, consistent with this charter, CONSUMER PRODUCT SAFETY 4. Objective. The Administrator under which the Committee shall COMMISSION deems it appropriate to create the operate. Overflight Fees Aviation Rulemaking f. Meetings shall be held as frequently 16 CFR Part 1500 Committee to obtain advice and as needed, as determined solely by the recommendations on the appropriate Chair. Children’s Products Containing Lead; amounts for future Overflight Fees. g. The Chair shall arrange notification Exemptions for Certain Electronic 5. Duties. The Committee is to to all members of the time, place and Devices; Interim Final Rule evaluate information regarding the agenda for any meeting through the services rendered to overflights by the secretariat and shall ensure that, to the AGENCY: Consumer Product Safety FAA and the costs of providing those extent practicable, any materials to be Commission. services to overflights, and, based on considered at the meeting are ACTION: Interim final rule. that evaluation, to make distributed to Committee members in SUMMARY: The Consumer Product Safety recommendations regarding future advance. The Committee is not required Commission (CPSC or Commission) is overflight fee increases. The Committee to keep minutes, but the Chair may elect issuing an interim final rule concerning shall provide its recommendations to to do so. Committee recommendations certain electronic devices for which it is the Administrator by a deadline to be to the Administrator must be approved not technologically feasible to meet the determined by the Chair, which may be by at least a two-thirds vote of the lead limits as required under section modified by the Administrator. members. The Chair shall have the right 6. Organization and Administration. to submit a separate report or 101 of the Consumer Product Safety a. The Committee shall be led by the recommendation to the Administrator. Improvement Act of 2008 (CPSIA), Chair, who shall be a full-time employee 7. Compensation. All non-government Public Law 110–314, 122 Stat. 3016. By of the FAA appointed by the Assistant Committee members shall serve without notice published elsewhere in today’s Administrator for Financial Services. compensation from the U.S. Federal Register, the Commission is The Chair may designate a Vice Chair, government, and shall bear all costs withdrawing the proposed rule on who shall not be employed by the FAA related to their participation on the exemptions for certain electronic and who shall be a representative of Committee. devices published in the Federal foreign air carriers or trade associations 8. Public Participation. Unless Register on January 15, 2009, 74 FR of those carriers, or other system users otherwise decided by the Chair, all 2435. who are subject to Overflight Fees. meetings of the Committee shall be DATES: This interim final rule is b. In addition to the Chair and Vice closed. Interested persons wishing to effective February 10, 2009. Comments Chair, the Committee shall be attend a meeting who are not members must be in writing and should be comprised of not more than 15 of the Committee (or employees or submitted by March 16, 2009. members, who shall be employees or consultants invited by a member) must ADDRESSES: Comments should be e- other representatives of the foreign air request and receive approval in advance mailed to carriers (or trade associations of those of the meeting from the Chair. [email protected]. carriers) or other system users that are 9. Availability of Records. Subject to Comments should be captioned subject to the FAA’s Overflight Fees. the provisions of the Freedom of ‘‘Section 101 Electronic Devices Interim The members shall be selected by the Information Act, Title 5 U.S.C. 522, Rule.’’ Comments may also be mailed, Associate Administrator for Financial records, reports, agendas, working preferably in five copies, to the Office of Services and, to the extent possible, the papers, and other documents that are the Secretary, Consumer Product Safety membership also shall be geographically made available to, prepared by, or Commission, Room 502, 4330 East West diverse and include representatives that prepared for the Committee shall be Highway, Bethesda, Maryland 20814, or conduct primarily enroute overflights available for public inspection and delivered to the same address and primarily oceanic overflights. Each copying at the FAA Office of (telephone (301) 504–7923). Comments member may designate one Rulemaking, 800 Independence Avenue, also may be filed by facsimile to (301) representative and one alternate to serve SW., Washington, DC 20591. Fees shall 504–0127. on the Committee. Each member of the be charged for the information furnished FOR FURTHER INFORMATION CONTACT: Committee shall have one vote. to the public in accordance with the fee Kristina Hatlelid, PhD., M.P.H., c. Members may permit their schedule published in part 7 of title 49, Directorate for Health Sciences, employees and consultants (including Code of Federal Regulations. Consumer Product Safety Commission, 10. Public Interest. The formation of financial, technical and legal 4330 East West Highway, Bethesda, the Committee is determined to be in professionals) to attend any Committee Maryland 20814; telephone (301) 504– the public interest in connection with meeting and review Committee 7254, e-mail [email protected]. documents. the performance of duties imposed on d. Additional FAA personnel may the FAA by law. SUPPLEMENTARY INFORMATION: participate, as directed by the Chair, as 11. Effective Date and Duration. This A. Background adjunct non-members of the Committee. order is effective immediately. The e. The Assistant Administrator for Committee shall remain in existence for The CPSIA Lead Content Limits Financial Services is the sponsor of the two years after the effective date of this The CPSIA provides for specific lead Committee. The Associate Order unless sooner terminated or limits in children’s products. Section Administrator for Financial Services extended by the Administrator. 101(a) of the CPSIA provides that, by

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February 10, 2009, products designed or period ends on February 17, 2009. As issue regulations concerning certain intended primarily for children 12 and discussed below, and by notice electronic devices to eliminate or younger may not contain more than 600 published elsewhere in today’s Federal minimize the potential for exposure to ppm of lead. After August 14, 2009, Register, the Commission is and accessibility of lead in such products designed or intended primarily withdrawing that notice of proposed electronic devices if it is not for children 12 and younger cannot rulemaking. technologically feasible to comply with contain more than 300 ppm of lead. The the lead limits set by the CPSIA. The limit may be further reduced to 100 Stay of Enforcement Commission recognizes that it is ppm after three years, or August 14, Due to substantial confusion by the currently not technologically feasible for 2011, unless the Commission public and affected businesses regarding certain parts of electronic devices to determines that it is not technologically implementation of the CPSIA, and as to comply with the CPSIA lead limits. feasible to have this lower limit. A which testing and certification Accordingly, the Commission is issuing children’s product is defined in section requirements of the CPSIA apply to an interim final rule providing 235(a) of the CPSIA as a consumer which products under the Commission’s exemptions for certain electronic product designed or intended primarily jurisdiction, and what sort of testing is devices. for children 12 years of age or younger. required where the provisions do apply, 1. Inaccessible Electronic Devices Section 101(b)(2) of the CPSIA on February 2, 2009, the Commission provides that the lead limits do not announced a stay of enforcement of Some lead-containing component apply to component parts of a product testing and certification requirements of parts of electronic devices are, by that are not accessible to a child. This certain provisions of subsection 14(a) of design, not accessible to children section specifies that a component part the Consumer Product Safety Act because the lead is fully enclosed is not accessible if it is not physically (CPSA) as amended by section 102(a) of within a component that is itself within exposed by reason of a sealed covering the CPSIA until February 10, 2010. the electronic device. Accessibility of or casing and does not become Although the testing and certification the lead-containing component part may physically exposed through reasonably requirements are stayed for be evaluated through application of the foreseeable use and abuse of the product manufacturers or importers of children’s accessibility probes described in 16 CFR including swallowing, mouthing, products, including electronic devices 1500.48 and 1500.49, before and after breaking, or other children’s activities, until February 10, 2010, the stay of use and abuse tests at 16 CFR 1500.50 and the aging of the product, as enforcement did not provide any through 1500.53 (excluding the bite determined by the Commission. Paint, meaningful relief to manufacturers or tests of 1500.51(c) and 1500.52(c)). If a coatings, or electroplating may not be importers of children’s electronic lead-containing component part is not considered to be a barrier that would devices that contain component parts accessible to a child, it is not subject to render lead in the substrate to be that exceed the lead contents limits due the lead limits under the CPSIA. inaccessible to a child. Section 101 to technological infeasibility. Absent 2. Accessible Electronic Devices That (b)(2)(B) further provides that the issuance of an immediate interim final Are Exempt Commission must promulgate a rule rule, such manufacturers and importers Certain component parts in children’s providing guidance with respect to what would not be able to sell children’s product components or classes of electronic devices cannot be produced electronic devices containing without lead due to the lack of components will be considered to be component parts that exceed lead inaccessible. A proposed interpretative technologically feasible substitutions or content limits due to technological may require lead for the proper rule providing guidance on infeasibility until the issuance of a final inaccessibility was published in the functioning of the component part. rule granting exemptions, and yet such However, these component parts may Federal Register on January 15, 2009, 74 a final rule would necessarily issue after FR 2439. not be able to be made physically the comment period closes for the inaccessible. An example is a cathode In addition, if the Commission notice of proposed rulemaking on determines that it is not technologically ray tube, in which the lead in the glass February 17, 2009. Because the first lead protects users from the x-ray radiation feasible for certain electronic devices to content limit will go into effect on comply with the lead limits, section generated by the device during normal February 10, 2009, manufacturers, 101(b)(4) of the CPSIA provides that the operation. However, other components importers, retailers and distributors Commission may issue requirements by could be made to be inaccessible, taking would not know how to address these regulation to eliminate or minimize the account of normal and reasonably electronic products between the potential for exposure to and foreseeable use and abuse by children. February 10, 2009 date and the date of accessibility of lead in such electronic The Commission expects that any final rule based on the proposed devices, and establish a schedule for manufacturers will continue to assess rule. Therefore, by notice published achieving full compliance unless the the technological feasibility of making elsewhere in today’s Federal Register, Commission determines that full electronic devices that have accessible the Commission is withdrawing the compliance with the lead limits is not component parts which contain lead technologically feasible within such a proposed rulemaking and is issuing this above the lead content limits schedule. Technological feasibility is interim final rule to provide certainty inaccessible, and make such component based on the commercial availability of regarding exemptions for certain parts inaccessible whenever possible. products, technology, or other practices children’s electronic devices that are in To the extent that certain electronic that will allow compliance with the lead the stream of commerce and fall within component parts cannot be made limits. the scope of the exemptions provided in inaccessible, the staff has reviewed the On January 15, 2009, the Commission this interim final rule. exemptions granted under other issued a notice of proposed rulemaking B. Discussion directives including European Union on requirements for certain electronic Directive 2002/95/EC (EU RoHS), and devices that could not comply with the The Interim Final Rule Korea Act for Resource Recycling of lead limits due to technologically The CPSIA provides authority for the Electrical and Electronic Equipment and infeasibility. 74 FR 2435. The comment Commission under section 101(b)(4), to Vehicles (Korea RoHS), to evaluate

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possible exemptions when substitution lead shall be less than 0.4% by weight 5. Periodic Review for lead was not possible due to (4000 ppm). 1 The Commission will consider all scientific and technical considerations. 4. Lead used in copper-based alloys. comments received during the comment These measures are broader, containing The maximum amount of lead shall be period as discussed below. In addition, limits on allowable lead concentrations, less than 4% by weight (40,000 ppm). because of the changing state of generally 1,000 ppm for lead content, in technology and continuing progress in electronic components and products, 5. Lead used in lead-bronze bearing shells and bushings. replacing lead with other substances, without regard to the intended age range and consistent with the mandate to 6. Lead used in compliant pin of the users. However, the measures also conduct periodic reviews under section connector systems. provide for certain exemptions to the 101(b)(5) of the CPSIA, staff will allowable lead concentrations for some 7. Lead used in optical and filter reevaluate the technological feasibility components. glass. of compliance with the lead limits for Staff’s review of the use of lead in 8. Lead oxide in plasma display children’s electronic devices, including children’s electronic devices showed panels (PDP) and surface conduction the technological feasibility of making that in general, lead is added to electron emitter displays (SED) used in accessible component parts components in electronic products to structural elements; notably in the front inaccessible, and the status of the take advantage of the unique material and rear glass dielectric layer, the bus exemptions, no less than every five properties that lead and lead electrode, the black stripe, the address years as required by the CPSIA. compounds exhibit including improved electrode, the barrier ribs, the seal frit C. Impact on Small Businesses ability of the material to be machined and frit ring as well as in print pastes. and improved corrosion resistance of an Under the Regulatory Flexibility Act 9. Lead oxide in the glass envelope of alloy. For example, lead is added to (RFA), when an agency issues a Black Light Blue (BLB) lamps. copper alloys to adjust its mechanical proposed rule, it generally must prepare strength and modulus of elasticity. Lead 3. Removable or Replaceable an initial regulatory flexibility analysis is added to glass to adjust its index of Component Parts describing the impact the proposed rule refraction. Lead also serves to is expected to have on small entities. 5 mechanically strengthen glass and in Some components of children’s U.S.C. 603. The RFA does not require a the case of cathode-ray tubes, improve electronic devices may be removable or regulatory flexibility analysis if the head its ability to absorb x-rays. Lead added replaceable. For example, battery packs of the agency certifies that the rule will to bushing and bearing materials acts as and light bulbs may be provided as not have a significant effect on a a dry lubricant to lower friction in the spare or replacement parts. Until such substantial number of small entities. components during use. Lead is also components are installed in the product, The Commission’s Directorate for used to adjust the mechanical properties lead-containing parts may be accessible Economic Analysis determined that the of electronic connectors. to a child. However, the Commission exemption for certain specified As a result of these unique properties finds that spare parts or other removable materials from the requirements of for lead, the staff determined that it is components shall be considered section 101(a) of the CPSIA will not not technologically feasible for certain inaccessible under the provisions of the result in any increase in the costs of components in electronic devices to CPSIA, provided that the lead- production for any firm. Its only effect meet the lead content limits under the containing component is inaccessible on businesses, including small CPSIA because the presence of the lead when the product is assembled in businesses, will be to reduce the costs is necessary for proper functioning of functional form or if the component that would have been associated with certain component parts in electronic itself meets the criteria for exemption, testing the exempted materials. devices and substitution of the lead is such as under the exemptions provided Accordingly, the Commission finds that not yet technologically feasible. Based herein. the proposed rule would not have a on staff’s review, the Commission has 4. Accessible Electronic Devices Which significant impact on a substantial determined that the following Are Not Exempt number of small entities. exemptions for lead as used in certain components parts in children’s All component parts of children’s D. Environmental Considerations electronic devices that do not meet the electronic devices that exceed the Generally, CPSC rules are considered lead content limits under the CPSIA are CPSIA’s specified lead limits which to ‘‘have little or no potential for currently necessary: cannot be made inaccessible and that affecting the human environment,’’ and 1. Lead blended into the glass of are not exempted on the basis of environmental assessments are not cathode ray tubes, electronic exemptions adopted by the Commission usually prepared for these rules (see 16 components and fluorescent tubes. must comply with the lead limits CFR 1021.5(c)(1)). The interim final rule 2. Lead used as an alloying element in specified in the CPSIA. The will not result in any additional use of steel. The maximum amount of lead Commission’s expectation is that, with lead over what is occurring at the shall be less than 0.35% by weight the exception of a few particular present time. Accordingly, the (3500 ppm). applications such as cathode ray tubes, Commission does not expect the 3. Lead used in the manufacture of many electronic devices will be in proposal to have any negative aluminum. The maximum amount of compliance with the CPSIA lead environmental impact. provisions either because they already E. Executive Orders 1 European Union Directive 2002/95/EC and meet the lead content limits or through amendments to the directive are available at the exception for inaccessibility of lead- According to Executive Order 12988 http://eur-lex.europa.eu/en/index.htm. The Korea containing component parts. However, (February 5, 1996), agencies must state RoHS is available at http://www.kece.eu/rohs/ to the extent that an accessible in clear language the preemptive effect, kr.htm. The consideration and application of these limited exemptions from such directives in this component part does not qualify for an if any, of new regulations. The interim final rule do not imply that the Commission exemption, it must continue to meet the preemptive effect of regulations such as endorses or supports those directives in any way. CPSIA lead limits. this proposal is stated in section 18 of

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the Federal Hazardous Substances Act. PART 1500—HAZARDOUS (2) Lead used as an alloying element 15 U.S.C. 1261n. SUBSTANCES AND ARTICLES: in steel. The maximum amount of lead ADMINISTRATION AND shall be less than 0.35% by weight F. Effective Date ENFORCEMENT REGULATIONS (3500 ppm). The Administrative Procedure Act (3) Lead used in the manufacture of ■ (APA) requires that a substantive rule 1. The authority citation for part 1500 aluminum. The maximum amount of must be published not less than 30 days is revised to read as follows: lead shall be less than 0.4% by weight before its effective date, unless it grants Authority: 15 U.S.C. 1261–1278, 122 Stat. (4,000 ppm). an exemption. 5 U.S.C. 553(d)(1). 3016. (4) Lead used in copper-based alloys. The maximum amount of lead shall be Because this interim final rule grants ■ 2. Add a new § 1500.88 to read as less than 4% by weight (40,000 ppm). exemptions from the existing follows: requirements, the effective date is (5) Lead used in lead-bronze bearing February 10, 2009. § 1500.88 Exemptions from lead limits shells and bushings. under section 101 of the Consumer Product (6) Lead used in compliant pin G. Request for Comments Safety Improvement Act for Certain connector systems. The interim final rule will become Electronic Devices. (7) Lead used in optical and filter effective without prior notice and (a) The Consumer Product Safety glass. (8) Lead oxide in plasma display comment. Notice and comment Improvement Act (CPSIA) provides for panels (PDP) and surface conduction procedures are not required under the specific lead limits in children’s electron emitter displays (SED) used in APA when the agency for good cause products. Section 101(a) of the CPSIA structural elements; notably in the front finds that notice and comment is provides that by February 10, 2009, products designed or intended primarily and rear glass dielectric layer, the bus impracticable, unnecessary or contrary electrode, the black stripe, the address to the public interest. 5 U.S.C. 553(b)(B). for children 12 and younger may not contain more than 600 ppm of lead. electrode, the barrier ribs, the seal frit The Commission finds that the public and frit ring as well as in print pastes. notice and comment before the issuance After August 14, 2009, products designed or intended primarily for (9) Lead oxide in the glass envelope of this interim final rule would have of Black Light Blue (BLB) lamps. been impracticable given the statutory children 12 and younger cannot contain more than 300 ppm of lead. On August (e) Components of electronic devices requirement imposed in the CPSIA that that are removable or replaceable such the lead limits go into effect on February 14, 2011, the limit may be further reduced to 100 ppm, unless the as battery packs and light bulbs that are 10, 2009, six months after the enactment inaccessible when the product is of the CPSIA, and the inapplicability of Commission determines that it is not technologically feasible to have this assembled in functional form or are the Commission’s stay of certain testing otherwise granted an exemption are not certification requirements to lead lower limit. Paint, coatings or electroplating may not be considered a subject to the lead limits in paragraph content limits imposed on these (a) of this section. products. barrier that would make the lead content of a product inaccessible to a (f) Commission staff is directed to Interested persons are invited to child. reevaluate and report to the Commission submit comment on the interim final (b) Section 101(b)(4) of the CPSIA on the technological feasibility of rule. The Commission will consider provides that if the Commission compliance with the lead limits in these comments before issuing final determines that it is not technologically paragraph (a) of this section for regulations. In addition, comments feasible for certain electronic devices to children’s electronic devices, including previously submitted in response to the comply with the lead limits, the the technological feasibility of making notice of proposed rulemaking will be Commission must issue requirements by accessible component parts considered along with the comments to regulation to eliminate or minimize the inaccessible, and the status of the the interim final rule in this proceeding. potential for exposure to and exemptions, no less than every five Comments should be submitted by accessibility of lead in such electronic years after publication of a final rule in March 16, 2009. Comments should be e- devices and establish a compliance the Federal Register on children’s mailed to schedule unless the Commission electronic devices. [email protected]. determines that full compliance is not Dated: February 9, 2009. Comments should be captioned technologically feasible. Todd A. Stevenson, ‘‘Section 101 Electronic Devices Interim (c) Certain lead-containing component Rule.’’ Comments may also be mailed, Secretary, Consumer Product Safety parts in children’s electronic devices Commission. preferably in five copies, to the Office of unable to meet the lead limits set forth the Secretary, Consumer Product Safety [FR Doc. E9–3025 Filed 2–11–09; 8:45 am] in paragraph (a) of this section due to BILLING CODE 6335–01–P Commission, Room 502, 4330 East West technological infeasibility are granted Highway, Bethesda, Maryland 20814, or the exemptions that follow in paragraph delivered to the same address (d) of this section, provided that use of (telephone (301) 504–7923). Comments DEPARTMENT OF HEALTH AND lead is necessary for the proper HUMAN SERVICES also may be filed by facsimile to (301) functioning of the component part and 504–0127. it is not technologically feasible for the Food and Drug Administration List of Subjects in 16 CFR Part 1500 component part to meet the lead content limits set forth in paragraph (a) of this 21 CFR Part 522 Consumer protection, Hazardous section. materials, Hazardous substances, (d) Exemptions for lead as used in [Docket No. FDA–2008–N–0039] Imports, Infants and children, Labeling, certain component parts in children’s Law enforcement, and Toys. Implantation or Injectable Dosage electronic devices include: Form New Animal Drugs; Flunixin ■ For the reasons stated above, the (1) Lead blended into the glass of Commission amends 16 CFR part 1500 cathode ray tubes, electronic AGENCY: Food and Drug Administration, as follows: components and fluorescent tubes. HHS.

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ACTION: Final rule. the Center for Veterinary Medicine, 21 DATES: The new compliance date for the CFR part 522 is amended as follows: TWIC regulations found in 33 CFR part SUMMARY: The Food and Drug 105 for the island of American Samoa in Administration (FDA) is amending the PART 522—IMPLANTATION OR Captain of the Port Zone Honolulu is animal drug regulations to reflect INJECTABLE DOSAGE FORM NEW April 14, 2009. approval of a supplemental abbreviated ANIMAL DRUGS ADDRESSES: Comments and material new animal drug application (ANADA) received from the public, as well as ■ 1. The authority citation for 21 CFR filed by Cross Vetpharm Group Ltd. The documents mentioned in this document part 522 continues to read as follows: supplemental ANADA provides for the as being available in the docket, are part veterinary prescription use of flunixin Authority: 21 U.S.C. 360b. of dockets TSA–2006–24191 and meglumine solution by intravenous ■ 2. In § 522.970, revise paragraphs USCG–2006–24196, and are available injection in dairy cattle for control of (b)(2) and (b)(4) to read as follows: for inspection or copying at the Docket pyrexia associated with acute bovine Management Facility, U.S. Department mastitis. § 522.970 Flunixin. of Transportation, West Building DATES: This rule is effective February * * * * * Ground Floor, Room W12–140, 1200 12, 2009. (b) * * * New Jersey Avenue, SE., Washington, (2) See No. 057561 for use as in FOR FURTHER INFORMATION CONTACT: John DC 20590, between 9 a.m. and 5 p.m., K. Harshman, Center for Veterinary paragraphs (e)(1), (e)(2)(i)(A), Monday through Friday, except Federal Medicine (HFV–104), Food and Drug (e)(2)(ii)(A), and (e)(2)(iii) of this holidays. You may also find this docket Administration, 7500 Standish Pl., section. on the Internet at http:// Rockville, MD 20855, 240–276–8197, e- * * * * * www.regulations.gov. (4) See Nos. 055529, 059130, and mail: [email protected]. FOR FURTHER INFORMATION CONTACT: If 061623 for use as in paragraphs (e)(1) SUPPLEMENTARY INFORMATION: Cross you have questions on this document, Vetpharm Group Ltd., Broomhill Rd., and (e)(2) of this section. call LCDR Jonathan Maiorine, telephone Tallaght, Dublin 24, Ireland, filed * * * * * 1–877–687–2243. If you have questions supplemental ANADA 200–387 that Dated: February 3, 2009. on viewing the docket, call Renee V. provides for veterinary prescription use Steven D. Vaughn, Wright, Program Manager, Docket of FLUNAZINE (flunixin meglumine) Director, Office of New Animal Drug Operations, telephone 202–493–0402. Injectable Solution intravenously in Evaluation, Center for Veterinary Medicine. SUPPLEMENTARY INFORMATION: dairy cattle for control of pyrexia [FR Doc. E9–2941 Filed 2–11–09; 8:45 am] I. Regulatory History associated with acute bovine mastitis. BILLING CODE 4160–01–S The supplemental ANADA is approved On May 22, 2006, the Department of as of December 18, 2008, and the Homeland Security (DHS), through the United States Coast Guard (Coast Guard) regulations are amended in 21 CFR DEPARTMENT OF HOMELAND and the Transportation Security 522.970 to reflect the approval. SECURITY In accordance with the freedom of Administration (TSA), published a joint information provisions of 21 CFR part Coast Guard notice of proposed rulemaking entitled 20 and 21 CFR 514.11(e)(2)(ii), a ‘‘Transportation Worker Identification summary of safety and effectiveness 33 CFR Part 105 Credential (TWIC) Implementation in data and information submitted to the Maritime Sector; Hazardous support approval of this application [Docket Nos. TSA–2006–24191; USCG– Materials Endorsement for a may be seen in the Division of Dockets 2006–24196] Commercial Driver’s License’’ in the Management (HFA–305), Food and Drug Transportation Worker Identification Federal Register (71 FR 29396). This Administration, 5630 Fishers Lane, rm. Credential (TWIC) Implementation in was followed by a 45-day comment 1061, Rockville, MD 20852, between 9 the Maritime Sector; Hazardous period and four public meetings. The a.m. and 4 p.m., Monday through Materials Endorsement for a Coast Guard and TSA issued a joint Friday. Commercial Driver’s License final rule, under the same title, on FDA has determined under 21 CFR January 25, 2007 (72 FR 3492) 25.33(a)(1) that this action is of a type AGENCY: United States Coast Guard; (hereinafter referred to as the original that does not individually or DHS. TWIC final rule). The preamble to that cumulatively have a significant effect on ACTION: Notice of extension of final rule contains a discussion of all the the human environment. Therefore, compliance date, American Samoa, comments received on the NPRM, as neither an environmental assessment Captain of the Port Zone Honolulu. well as a discussion of the provisions nor an environmental impact statement found in the original TWIC final rule, is required. SUMMARY: This document informs which became effective on March 26, This rule does not meet the definition owners and operators of facilities 2007. of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because located on the island of American On May 7, 2008, the Coast Guard and it is a rule of ‘‘particular applicability.’’ Samoa within Captain of the Port Zone TSA issued a final rule to realign the Therefore, it is not subject to the Honolulu that the date by which they compliance date for implementation of congressional review requirements in 5 must implement access control the Transportation Worker U.S.C. 801–808. procedures utilizing TWIC has been Identification Credential (73 FR 25562). extended to no later than April 14, 2009. The date by which mariners need to List of Subject in 21 CFR Part 522 This extension is due to the fact that a obtain a TWIC, and by which owners Animal drugs. large percentage of the maritime and operators of vessels and outer ■ Therefore, under the Federal Food, workforce in American Samoa is not continental shelf facilities must Drug, and Cosmetic Act and under native to the island, and do not need to implement access control procedures authority delegated to the Commissioner comply with United States immigration utilizing TWIC, is April 15, 2009. of Food and Drugs and redelegated to laws. Owners and operators of facilities that

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must comply with 33 CFR part 105 are Dated: February 9, 2009. Congress in accordance with 5 U.S.C. subject to earlier, rolling compliance Mark P. O’Malley, 801(a)(1). The rule was submitted to dates, as set forth in 33 CFR 105.115(e). Captain, U.S. Coast Guard, Chief, Ports and Congress on January 15, 2009. The Coast Guard announced the rolling Facilities Activities. According to the procedures compliance dates, as provided in 33 [FR Doc. E9–3119 Filed 2–10–09; 1:00 pm] established by the Administrative CFR 105.115(e), at least 90 days in BILLING CODE 4910–15–P Committee of the Federal Register advance via notices published in the under the Federal Register Act (44 Federal Register. The final compliance U.S.C. Chapter 15), the amendments to date for all COTP Zones will not be later DEPARTMENT OF TRANSPORTATION the Code of Federal Regulations (CFR) than April 15, 2009. set out in this final rule were On September 30, 2008, we Federal Railroad Administration incorporated into the CFR on November announced the compliance date for 26, 2008, the effective date of the rule. COTP Zone Honolulu would be 49 CFR Part 209 However, because of the issues with the February 12, 2009 (73 FR 56730). APA and the CRA, this rule could not [FRA–2007–28573] II. Notice of Facility Compliance Date— become applicable or enforceable until American Samoa, COTP Zone Honolulu RIN 2130–AB87 January 15, 2009. Accordingly, FRA acknowledges that Title 33 CFR 105.115(e) currently Railroad Safety Enforcement the rule was not effective and states that ‘‘[f]acility owners and Procedures; Enforcement, Appeal and enforceable until January 15, 2009. FRA operators must be operating in Hearing Procedures for Rail Routing further notes that because the rule accordance with the TWIC provisions in Decisions establishes procedures that have not yet this part by the date set by the Coast been utilized, neither the public, nor Guard in a Notice to be published in the AGENCY: Federal Railroad any regulated entities, were harmed in Federal Register.’’ Through this Notice, Administration (FRA), Department of the interim period between publication the Coast Guard informs the owners and Transportation (DOT). of the rule and January 15, 2009. operators of facilities subject to 33 CFR ACTION: Final rule; clarification. 105.115(e) located on American Samoa Issued in Washington, DC, on February 6, 2009. within COTP Zone Honolulu that the SUMMARY: On November 26, 2008, FRA deadline for their compliance with published the final rule in this docket Jo Strang, Coast Guard and TSA TWIC that established procedures to enable Acting Deputy Administrator. requirements has been extended until railroad carriers to challenge rail routing [FR Doc. E9–3073 Filed 2–11–09; 8:45 am] April 14, 2009. decisions made by FRA’s Associate BILLING CODE 4910–06–P This extension is being granted due to Administrator for Safety. The final rule the fact that approximately 87% of the was published with an immediate maritime workers that require TWICs in effective date. Under applicable federal DEPARTMENT OF COMMERCE American Samoa are not native to the statutes, this document did not qualify island, and do not need to comply with for an immediate effective date. National Oceanic and Atmospheric United States immigration laws. They Administration DATES: The applicability date for the are not issued a visa by the U.S. final rule published at 73 FR 72194 was 50 CFR Part 300 Department of State (DOS), and January 15, 2009. therefore they do not meet the RIN 0648–XM03 immigration standards required for a FOR FURTHER INFORMATION CONTACT: Lucinda Henriksen, Office of Chief TWIC, found in 49 CFR 1572.105. This Fraser River Sockeye Salmon Counsel, Federal Railroad new date provides sufficient time for the Fisheries; Inseason Orders Coast Guard, in consultation with TSA, Administration, 1200 New Jersey DHS, and DOS, to determine whether Avenue, SE., Washington, DC 20590 AGENCY: National Marine Fisheries there is an equivalent visa category that (telephone 202–493–1345). Service (NMFS), National Oceanic and these workers can use to qualify for a SUPPLEMENTARY INFORMATION: The final Atmospheric Administration (NOAA), TWIC, or whether the TWIC rule in this proceeding, published on Commerce. requirement for facilities in American November 26, 2008, indicated that it ACTION: Temporary orders; inseason Samoa needs to be reconsidered, as it would be effective upon publication. orders; request for comments. was for facilities located in the See 73 FR 72194. Pursuant to Section SUMMARY: NMFS publishes Fraser River Commonwealth of the Northern 553 of the Administrative Procedure Act salmon inseason orders to regulate Marianas Islands (72 FR 55043). (APA), codified at 5 U.S.C. 553, with We note that this compliance delay certain exceptions, substantive rules salmon fisheries in U.S. waters. The ONLY applies to facilities located on the cannot take effect less than 30 days after orders were issued by the Fraser River island of American Samoa; facilities publication, unless the agency finds Panel (Panel) of the Pacific Salmon subject to 33 CFR part 105 in the good cause for doing so and provides a Commission (Commission) and remainder of COTP Zone Honolulu written explanation of any good cause subsequently approved and issued by must continue to comply with the TWIC found when the rule is published. FRA NMFS during the 2008 salmon fisheries requirements beginning February 12, provided no justification for the within the U.S. Fraser River Panel Area. 2009. immediate effective date in the These orders established fishing dates, You may visit our Web site at published rule document and, in fact, times, and areas for the gear types of homeport.uscg.mil/twic for a listing of FRA did not intend to avail itself of the U.S. treaty Indian and all citizen all compliance dates by COTP Zone. good cause exception of 5 U.S.C. 553. fisheries during the period the Panel This list is subject to change; any In addition, in accordance with the exercised jurisdiction over these changes in compliance dates will appear Congressional Review Act (CRA), at 5 fisheries. on that Web site and be announced in U.S.C. 801(a)(4), a final rule cannot take DATES: The effective dates for the the Federal Register. effect until the rule is submitted to inseason orders are set out in this

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document under the heading Inseason 300.97(b)(1). The inseason orders are July 29, 2008 to 12 p.m. (noon), Orders. Comments will be accepted published in the Federal Register as Wednesday, July 30, 2008. through February 27, 2009. soon as practicable after they are issued. Areas 6, 7, and 7A: Open to net ADDRESSES: You may submit comments, Due to the frequency with which fishing from 12:45 p.m., Monday, July identified by 0648–XM03 by any one of inseason orders are issued, publication 28, 2008, to 3 p.m., Tuesday, July 29 the following methods: of individual orders is impractical. 2008. Therefore, the 2008 orders are being Electronic Submissions: Submit all All Citizen Fisheries: electronic public comments via the published in this single document to Federal eRulemaking Portal http:// avoid fragmentation. Areas 7 and 7A Purse seine: Open from 5 a.m. to 9 p.m., Tuesday, July 29, www.regulations.gov Inseason Orders Fax: 206–526–6736 2008. Mail: NMFS NWR, 7600 Sand Point The following inseason orders were Areas 7 and 7A Reef Net: Open from Way NE, Seattle, WA 98115. adopted by the Panel and issued for U.S. 5 a.m. to 9 p.m., Tuesday, July 29, 2008. Instructions: All comments received fisheries by NMFS during the 2008 Areas 7 and 7A Gillnet: Open from 8 are a part of the public record and will fishing season. Each of the following a.m. to 12 a.m. (midnight), Tuesday, generally be posted to http:// inseason actions was effective upon July 29, 2008. www.regulations.gov without change. announcement on telephone hotline Order Number 2008–05: Issued 1:30 All Personal Identifying Information (for numbers as specified at 50 CFR p.m., July 29, 2008 example, name address, etc.) voluntarily 300.97(b)(1); those dates and times are submitted by the commenter may be listed herein. The times listed are local Treaty Indian Fishery: publicly accessible. Do not submit times, and the areas designated are Areas 48, 5 and 6C: Extended for drift Confidential Business Information or Puget Sound Management and Catch gillnets from 12 p.m. (noon), otherwise sensitive or protected Reporting Areas as defined in the Wednesday, July 30, 2008 to 12 p.m. information. Washington State Administrative Code (noon), Saturday, August 2, 2008. NMFS will accept anonymous at Chapter 220–22: Areas 6, 7, and 7A: Open for net comments (enter N/A in the required Order Number 2008–01: Issued 1 p.m., fishing from 3 p.m., Tuesday, July 29, fields if you wish to remain July 18, 2008 2008 to 11:59 p.m. (midnight), anonymous). Attachments to electronic Thursday, July 31, 2008. comments will be accepted in Microsoft Treaty Indian Fisheries: All Citizen Fisheries: Word, Excel, WordPerfect, or Adobe Areas 4B, 5 and 6C: Open to drift PDF file formats only. gillnets from 12 p.m. (noon), Saturday, Areas 7 and 7A Purse Seine: Open FOR FURTHER INFORMATION CONTACT: July 19, 2008 to 12 p.m. (noon), from 5 a.m. to 9 p.m., Wednesday, July Peggy Busby, by phone at 206–526– Wednesday, July 23, 2008. 30, 2008 and from 5 a.m. to 9 p.m., 4323, [email protected] Thursday, July 31, 2008. Order Number 2008–02: Issued 1:30 SUPPLEMENTARY INFORMATION: The Areas 7 and 7A Gillnet: Open from 8 p.m., July 22, 2008 Treaty between the Government of the a.m. to 11:59 p.m., Wednesday, July 30, United States of America and the Treaty Indian Fisheries: 2008, and from 8 a.m. to 11:59 p.m., Government of Canada concerning Thursday, July 31, 2008. Areas 4B, 5 and 6C: Extended for drift Areas 7 and 7A Reef Net: Open from Pacific Salmon was signed at Ottawa on gillnets from 12 p.m. (noon), January 28, 1985, and subsequently was 5 a.m. to 9 p.m., Wednesday, July 30, Wednesday, July 23, 2008, to 12 p.m. 2008 and from 5 a.m. to 9 p.m., given effect in the United States by the (noon), Saturday, July 26, 2008. Pacific Salmon Treaty Act (Act) at 16 Thursday, July 31, 2008. U.S.C. 3631–3644. Order Number 2008–03: Issued 1:30 Order Number 2008–06: Issued 11:30 Under authority of the Act, Federal p.m., July 25, 2008 a.m., August 1, 2008 regulations at 50 CFR part 300, subpart Treaty Indian Fisheries: F provide a framework for the Treaty Indian Fisheries: implementation of certain regulations of Areas 4B, 5 and 6C: Extended for drift Areas 4B, 5 and 6C: Previously the Commission and inseason orders of gillnets from 12 p.m. (noon), Saturday, announced drift gillnet fishery the Commission’s Fraser River Panel for July 26, 2008, to 12 p.m. (noon), scheduled to close at 12 p.m. (noon), U.S. sockeye and pink salmon fisheries Tuesday, July 29, 2008. Saturday, August 2, 2008 will close at in the Fraser River Panel Area. Areas 6, 7, and 7A: Open to net 6 p.m., Friday, August 1, 2008. The regulations close the U.S. portion fishing from 6 a.m., Sunday, July 27, of the Fraser River Panel Area to U.S. 2008 to 10 a.m., Monday, July 28, 2008. Classification sockeye and pink salmon fishing unless All Citizen Fisheries: The Assistant Administrator for opened by Panel orders that are given Fisheries NOAA (AA), finds that good effect by inseason regulations published Areas 7 and 7A Purse seine: Open cause exists for the inseason orders to be by NMFS. During the fishing season, from 7 a.m. to 7 p.m., Friday, July 25, issued without affording the public NMFS may issue regulations that 2008. prior notice and opportunity for establish fishing times and areas Areas 7 and 7A Gillnet: Open from 8 comment under 5 U.S.C. 553(b)(B) as consistent with the Commission a.m. to 8 p.m., Friday, July 25, 2008. such prior notice and opportunity for agreements and inseason orders of the Areas 7 and 7A Reefnet: Open from 6 comments is impracticable and contrary Panel. Such orders must be consistent a.m. to 6 p.m., Monday, July 28, 2008. to the public interest. Prior notice and with domestic legal obligations and are Order Number 2008–04: Issued 1:30 opportunity for public comment is issued by Regional Administrator, p.m., July 28, 2008 impracticable because NMFS has Northwest Region, NMFS. Official insufficient time to allow for prior notification of these inseason actions is Treaty Indian Fishery: notice and opportunity for public provided by two telephone hotline Areas 4B, 5 and 6C: Extended for drift comment between the time the stock numbers described at 50 CFR gillnets from 12 p.m. (noon), Tuesday, abundance information is available to

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determine how much fishing can be Specialist, (978) 281–9244, FAX (978) DEPARTMENT OF COMMERCE allowed and the time the fishery must 281–9135. open and close in order to harvest the SUPPLEMENTARY INFORMATION: National Oceanic and Atmospheric appropriate amount of fish while they Regulations governing the summer Administration are available. flounder fishery are found at 50 CFR Moreover, such prior notice and part 648. The regulations require annual 50 CFR Part 660 opportunity for public comment is specification of a commercial quota that [Docket No. 080408542–8615–01] impracticable because not closing the is apportioned among the coastal states fishery upon attainment of the quota from North Carolina through Maine. The RIN 0648–XM20 would allow the quota to be exceeded process to set the annual commercial and thus compromise the conservation quota and the percent allocated to each Fisheries off West Coast States; objectives established preseason, and it state are described in § 648.100. Pacific Coast Groundfish Fishery; does not allow fishers appropriately The final rule implementing Pacific Whiting Allocation controlled access to the available fish at Amendment 5 to the Summer Flounder, AGENCY: the time they are available. Scup, and Black Sea Bass Fishery National Marine Fisheries The AA also finds good cause to Management Plan, which was published Service (NMFS), National Oceanic and waive the 30–day delay in the effective on December 17, 1993 (58 FR 65936), Atmospheric Administration (NOAA), date, required under 5 U.S.C. 553(d)(3), provided a mechanism for summer Commerce. of the inseason orders. A delay in the flounder quota to be transferred from ACTION: Reapportionment of surplus effective date of the inseason orders one state to another. Two or more states, Pacific whiting allocation; request for would not allow fishers appropriately under mutual agreement and with the comments. controlled access to the available fish at concurrence of the Administrator, SUMMARY: NMFS has determined that that time they are available. Northeast Region, NMFS (Regional 4,000 metric tons (mt) of the shore- This action is authorized by 50 CFR Administrator), can transfer or combine based sector allocation and 6,000 mt of 300.97, and is exempt from review summer flounder commercial quota the mothership sector allocation would under Executive Order 12866. under § 648.100(d). The Regional not be used by December 31, 2008. Authority: 16 U.S.C. 3636(b). Administrator is required to consider Therefore, NMFS has reapportioned the the criteria set forth in § 648.100(d)(3) in Dated: February 9, 2009. surplus whiting to the catcher/processor the evaluation of requests for quota Emily H. Menashes, sector of the fishery. transfers or combinations. Acting Director, Office of Sustainable DATES: Effective from 1400 local time Fisheries, National Marine Fisheries Service. North Carolina has agreed to transfer 28,952 lb (13,132 kg) of its 2009 (l.t.) November 26, 2008, until December [FR Doc. E9–3055 Filed 2–11–09; 8:45 am] commercial quota to Virginia to cover 31, 2008, unless modified, superseded BILLING CODE 3510–22–S the summer flounder landings of three or rescinded. Comments will be North Carolina vessels granted safe accepted through February 27, 2009. ADDRESSES: You may submit comments, DEPARTMENT OF COMMERCE harbor in Virginia due to mechanical issues between January 2 and January 6, identified by the RIN number 0648– National Oceanic and Atmospheric 2009. In addition, North Carolina has XM20, by any one of the following Administration agreed to transfer 1,033 lb (469 kg) of its methods: 2009 commercial quota to New Jersey to • Electronic Submissions: Submit all 50 CFR Part 648 cover the summer flounder landings of electronic public comments via the one North Carolina vessel granted safe Federal eRulemaking Portal http:// [Docket No. 0809251266–81485–02] harbor in New Jersey due to mechanical www.regulations.gov • RIN 0648–XM86 issues on December 18, 2008. Although Fax: 206–526–6736, Attn: Becky this event occurred at the end of the Renko Fisheries of the Northeastern United previous fishing year, both states have • Mail: Barry A. Thom, Acting States; Summer Flounder Fishery; agreed to apply their transfer amounts to Regional Administrator, Northwest Quota Transfer the 2009 quota allocations. The Regional Region, NMFS, 7600 Sand Point Way Administrator has determined that the NE, Seattle, WA 98115–0070, Attn: AGENCY: National Marine Fisheries criteria set forth in § 648.100(d)(3) have Becky Renko Service (NMFS), National Oceanic and been met. The revised quotas for Instructions: All comments received Atmospheric Administration (NOAA), calendar year 2009 are: North Carolina, are a part of the public record and will Commerce. 2,917,924 lb (1,323,184 kg); Virginia, generally be posted to http:// ACTION: Temporary rule; inseason quota 2,317,924 lb (1,051,393 kg); and New www.regulations.gov without change. transfer. Jersey, 1,796,946 (1,051,393 kg). All personal identifying information (for example, name, address, etc.) SUMMARY: NMFS announces that the Classification voluntarily submitted by the commenter State of North Carolina is transferring a This action is taken under 50 CFR may be publicly accessible. Do not portion of its 2009 commercial summer part 648 and is exempt from review submit confidential business flounder quota to the Commonwealth of under Executive Order 12866. information, or otherwise sensitive or Virginia and the State of New Jersey. By Authority: 16 U.S.C. 1801 et seq. protected information. this action, NMFS adjusts the quotas NMFS will accept anonymous and announces the revised commercial Dated: February 9, 2009 comments (enter N/A in the required quota for each state involved. Emily H. Menashes, fields, if you wish to remain DATES: Effective February 9, 2009 Acting Director, Office of Sustainable anonymous). Attachments to electronic through December 31, 2009. Fisheries, National Marine Fisheries Service. comments will be accepted in Microsoft FOR FURTHER INFORMATION CONTACT: [FR Doc. E9–3021 Filed 2–9–09; 4:15 pm] Word, Excel, WordPerfect, or Adobe Emily Bryant, Fishery Management BILLING CODE 3510–22–S PDF file formats only.

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FOR FURTHER INFORMATION CONTACT: NMFS Action DEPARTMENT OF COMMERCE Becky Renko, telephone: 206 526 6110; fax: 206 526 6736; or, e-mail: This action announces the National Oceanic and Atmospheric [email protected]. reapportionment of 4,000 mt of Pacific Administration whiting from the shore-based sector and SUPPLEMENTARY INFORMATION: This 6,000 mt of Pacific whiting from the 50 CFR Part 665 action is authorized by regulations mothership sector to the catcher/ [Docket No. 0811281532–9086–02] implementing the Pacific Coast processor sector at 1400 local time Groundfish Fishery Management Plan November 26, 2008. As of November 26, RIN 0648–XL64 (FMP), which governs the groundfish 2008, the revised Pacific whiting fishery off Washington, Oregon, and allocations by sector for 2008 were: Fisheries in the Western Pacific; California. catcher/processor 115,789 mt, Bottomfish and Seamount Groundfish Fisheries; 2008–09 Main Hawaiian The 2008 non-tribal commercial OY mothership 64,087 mt, and shore-based Islands Bottomfish Total Allowable for Pacific whiting is 232,545 mt. 77,669 mt. Catch Regulations at 50 CFR 660.323(a)(2) Classification divide the commercial Pacific whiting AGENCY: National Marine Fisheries optimum yield (OY) into separate The determinations to take these Service (NMFS), National Oceanic and allocations for the catcher/processor, actions were based on the most recent Atmospheric Administration (NOAA), mothership, and shore-based sectors. data available. The aggregate data upon Commerce. The catcher/processor sector is which the determinations were based ACTION: Final specification. composed of vessels that harvest and are available for public inspection at the SUMMARY: NMFS specifies a total process Pacific whiting. The mothership Office of the Regional Administrator sector is composed of catcher vessels allowable catch (TAC) for the 2008–09 (see ADDRESSES) during business hours. that harvest Pacific whiting and fishing year of 241,000 lb (109,316 kg) mothership vessels that process, but do This action is authorized by the of Deep 7 bottomfish in the main not harvest. The shore-based sector is regulations implementing the FMP. The Hawaiian Islands (MHI). composed of vessels that harvest Pacific Assistant Administrator for Fisheries, DATES: This final specification is whiting for delivery to land-based NMFS, finds good cause to waive the effective March 16, 2009. requirement to provide prior notice and processors. Each commercial sector ADDRESSES: Copies of the Fishery receives a portion of the commercial opportunity for comment on these Management Plan for Bottomfish and OY. For 2008 the catcher/processors actions pursuant to 5 U.S.C. 553 Seamount Groundfish Fisheries of the initially received 34 percent (79,065 (3)(b)(B), because providing prior notice Western Pacific Region (Bottomfish mt), the motherships received 24 and opportunity would be FMP) and related Environmental Impact percent (55,811 mt), and the shore-based impracticable. It would be impracticable Statement are available from the sector received 42 percent (97,669 mt). because of the need for immediate Western Pacific Fishery Management On November 5, 2008, 20,000 mt of action. NMFS has determined that Council (Council), 1164 Bishop St., the 97,669 mt shore-based sector’s providing an opportunity for prior Suite 1400, Honolulu, HI 96813, tel allocation was reapportioned to the notice and comment would be 808–522–8220, fax 808–522–8226, or catcher/processor and mothership impractical and contrary to public www.wpcouncil.org. sectors (73 FR 72739, December 1, interest. Delay of this action would An environmental assessment (EA), 2008). The revised Pacific whiting leave Pacific whiting unharvested. In including a Regulatory Impact Review allocations by sector as of November 6, addition, the catcher/processors needed (RIR), was prepared that describes the 2008 were: catcher/processor 90,789 mt, an immediate reallocation if they were impact on the human environment that mothership 64,087 mt, and shore-based to keep their workers employed. For would result from this action. Copies of 77,669 mt. On November 18, 2008, an these same reasons the agency finds the EA are available from additional 15,000 mt of the shore-based good cause to waive the 30–day delay in www.regulations.gov, or William L. sector’s allocation was reapportioned to effectiveness. These actions are taken Robinson, Regional Administrator, the catcher/processor sector (73 FR under the authority of 50 CFR NMFS Pacific Islands Region (PIR), 1601 72739, December 1, 2008). The revised 660.323(c), and are exempt from review Kapiolani Blvd. 1110, Honolulu, HI Pacific whiting allocations by sector as under Executive Order 12866. Actual 96814. of November 18, 2008 were: catcher/ notice of the reapportionments was FOR FURTHER INFORMATION CONTACT: processor 105,789 mt, mothership provided to the affected fishers. Toby Wood, Sustainable Fisheries 64,087 mt, and shore-based 62,669 mt. Division, NMFS PIR, 808–944–2234. Authority: 16 U.S.C. 1801 et seq. The best available information on SUPPLEMENTARY INFORMATION: This final November 26, 2008, indicated that 4,000 Dated: February 9, 2009. specification is also accessible at mt of the shore-based sector allocation Emily H. Menashes, www.gpoaccess.gov/fr. and 6,000 mt of mothership sector Acting Director, Office of Sustainable NMFS specifies a TAC for the 2008– allocation would not be used by Fisheries, National Marine Fisheries Service. 09 fishing year of 241,000 lb (109,316 December 31, 2008. Therefore the [FR Doc. E9–3022 Filed 2–11–09; 8:45 am] kg) of Deep 7 bottomfish in the MHI, as surplus Pacific whiting was BILLING CODE 3510–22–S recommended by the Western Pacific reapportioned from the shore-based and Fishery Management Council (Council). mothership sectors to the catcher/ The Council recommended that TAC processor sector on November 26, 2008. based on the best available scientific, Facsimiles directly to fishing businesses commercial, and other information, and postings on the Northwest Regions taking into account the associated risk internet site were used to provide actual of overfishing. The MHI Management notice to the affected fishers. Subarea refers to the portion of U.S. EEZ

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around the Hawaiian Archipelago lying throughout their range which includes the MHI where bottomfish fishing is to the east of 161° 20’ W. long. The Deep both the MHI and the Northwestern prohibited. Together, these measures 7 bottomfish are onaga (Etelis Hawaiian Islands (NWHI) portions of complement the 2008–09 TAC of coruscans), ehu (E. carbunculus), gindai the archipelago. For the purposes of 241,000 lb (109,316 kg) for the MHI, and (Pristipomoides zonatus), kalekale (P. National Standard 1 and status of stock support the long term sustainability of sieboldii), opakapaka (P. filamentosus), determinations, bottomfish stocks are bottomfish stocks throughout the lehi (Aphareus rutilans), and assessed on an archipelagic-wide basis. Hawaiian Archipelago. hapu’upu’u (Epinephelus quernus). Currently, bottomfish stocks in the Comment 2: The Magnuson-Stevens When the TAC is projected to be Hawaiian Archipelago are not Act stipulates that annual catch limits reached, NMFS will close the non- overfished and are not subject to and TACs should be set to prevent commercial and commercial Deep 7 overfishing. Establishment of a Deep 7 overfishing, but selecting a TAC based bottomfish fisheries until the end of the bottomfish TAC is a precautionary on a 40 percent risk of overfishing fishing year (August 31, 2009). During a measure to prevent localized stock virtually ensures that it will occur fishery closure for Deep 7 bottomfish, depletion in the MHI Management frequently in this sector of the fishery. no person may fish for, possess, or sell Subarea. The updated stock assessment Although the predicted risk of any of these fish in the MHI, except as conducted by the NMFS Pacific Islands archipelagic overfishing in the model otherwise authorized by law. Fisheries Science Center (PIFSC) in presented to the Council is negligible, Specifically, fishing for, and the 2008 indicates that the selection of a localized depletion is still a matter of resultant possession or sale of, Deep 7 Deep 7 bottomfish TAC of 241,000 lb serious concern from a biological bottomfish by vessels legally registered (109,316 kg) for the MHI Management standpoint. to Mau Zone, Ho omalu Zone, or Pacific Subarea in fishing year 2008–09 results Response: The TAC specification for Remote Island Areas bottomfish fishing in a zero percent risk of overfishing in the MHI is a precautionary and interim permits, and conducted in compliance the Hawaiian Archipelago. In other management measure implemented to with all other laws and regulations, are words, a TAC of 241,000 lb (109,316 kg) prevent archipelagic overfishing and not affected by the closure. There is no provides a 100 percent probability of localized stock depletion in the MHI, prohibition on fishing for or selling preventing overfishing while at the while allowing for optimum yield to be other non-Deep 7 bottomfish species same time allowing for optimum yield achieved from the fishery on a continual throughout the year. to be produced from the fishery. basis. This is distinct from the new All other management measures With respect to the MHI Management provisions of the reauthorized continue to apply in the MHI bottomfish Subarea alone, the updated stock Magnuson-Stevens Act relating to fishery. The MHI bottomfish fishery assessment indicates that this TAC establishment of annual catch limits reopened on November 15, 2008, and would have a 40 percent risk of (ACLs). With few exceptions, National will continue until August 31, 2009, localized stock depletion (i.e., a 60 Standard 1 guidelines require FMPs to unless the fishery is closed prior to percent probability of preventing establish ACL mechanisms and August 31 as a result of the TAC being localized stock depletion) in fishing accountability measures (AMs) for all reached. year 2008–09, decreasing to a 25 percent stocks and stock complexes in the Additional background information risk of localized stock depletion (i.e., 75 fishery. The Council is currently on this final specification may be found percent probability of preventing developing alternative mechanisms to in the preamble to the proposed localized stock depletion) in fishing establish ACLs for all management unit specification published on December year 2009–10. The TAC was specified at species, including bottomfish. NMFS 10, 2008 (73 FR 75057), and is not a level that balances the need to protect continues to work with the Council to repeated here. stocks from archipelagic overfishing and develop ACLs and AMs for localized stock depletion in the MHI, implementation through future Comments and Responses with the need for fishermen to be able rulemaking. On December 10, 2008, NMFS to achieve optimum yield from the The specified TAC is projected to published a proposed specification and fishery. Therefore, the TAC of 241,000 have a 100–percent probability of request for public comments on the MHI lb (109,316 kg) offers a reasonable success in preventing archipelagic bottomfish TAC (73 FR 75057). The assurance of preventing overfishing, is overfishing, and a 60–percent comment period ended on December 26, consistent with the Magnuson-Stevens probability of success in preventing 2008. NMFS received public comment Act and National Standard 1, and forms localized stock depletion in the MHI in regarding the proposed TAC, and the basis of ongoing management of the 2008–09, increasing to a 75–percent responds as follows: fishery through future TACs. probability of success in preventing Comment 1: The proposed TAC Additionally, other conservation and localized stock depletion in 2009–10. specification’s estimated 40 percent risk management efforts have been Real-time monitoring of the bottomfish of overfishing is unacceptably high and implemented by Federal and State of harvest enables NMFS and the State of is inconsistent with the Magnuson- Hawaii authorities for the specific Hawaii to project when the TAC will be Stevens Fishery Conservation and purpose of protecting bottomfish stocks reached and, thus, close the non- Management Act (Magnuson-Stevens of the Hawaiian Archipelago. The commercial and commercial bottomfish Act) and National Standard 1. Although Papahanaumokuakea Marine National fisheries in Federal and State waters, the Magnuson-Stevens Act states that a Monument (Monument) closed much of respectively, so that the TAC is not TAC cannot exceed the the historical bottomfish grounds in the exceeded, further reducing the risk of recommendation of the Council’s NWHI via a network of no-take marine archipelagic overfishing and localized Scientific and Statistical Committee protected areas. Monument provisions stock depletion in the MHI. (SSC), it does not preclude NMFS from also require that all bottomfish fishing Comment 3: A multispecies stock selecting an ACL that is lower. in the NWHI cease on June 15, 2011. assessment, such as that used to assess Response: Consistent with National Thus, bottomfish fishing mortality in the Hawaii bottomfish fishery, can mask Standard 3 of the Magnuson-Stevens the NWHI will be reduced to zero. In problems that exist for individual Act, bottomfish in the Hawaiian addition, the State manages 12 species. Thus, management strategies Archipelago are managed as a unit Bottomfish Restricted Fishing Areas in should be precautionary and

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conservative. Also, a 40–percent risk of history characteristics of bottomfish, until these discrepancies can be overfishing for the bottomfish complex, and uncertainty about their fishing and resolved. as a whole, may represent an even natural mortality, additional caution Response: In addition to the scientific higher level of risk for fish species that should be exercised with respect to all uncertainty considered in the updated are currently stressed, and particularly policy decisions, including selection of stock assessment, when recommending for a species with relatively high market an acceptable level of risk of the 2008–09 TAC the Council also values, such as onaga. overfishing. considered the lag in fisheries data Response: While multispecies stock Response: The PIFSC 2008 bottomfish collection, and considered the assessments may potentially mask stock assessment incorporated the best possibility that the actual catch would problems that exist for individual available biological information, and exceed the specified TAC limit. This species, data that are needed to develop updated bottomfish catch and effort data resulted in the Council recommending a species-specific stock assessments are through 2007. The assessment applied a TAC that is less than the 254,000 lb lacking at this time. National Standard statistical log-linear model to develop a (115,212 kg) TAC that was initially 3 requires management of stocks spatially standardized CPUE series for recommended by the Council’s SSC. throughout their range, and for the MHI and estimate bottomfish NMFS will continue to monitor the interrelated stocks, management as a biomass, catch, and relative biomass for fisheries and update stock assessments, unit or in close coordination. In 2008–10. The Council and NMFS and may modify management measures, addition, while National Standard 1 considered and discussed the available if warranted. requires that MSY should be estimated information, and the specification of a Comment 8: At the 143rd Council on a stock-by-stock basis whenever TAC of 241,000 lb (109,316 kg) for the meeting, the State of Hawaii possible, it does provide that in the case MHI was determined to be consistent representative proposed a 2008–09 TAC of mixed-stock fisheries, MSY can be with the Magnuson-Stevens Act and of 178,000 lb (80,739 kg). This TAC was specified on one or more species as an National Standards. suggested considering a prudent and indicator for the fishery as a whole. Comment 6: NMFS has offered no low level of risk based on the NMFS has adopted this multispecies specific guidance on acceptable levels of multispecies nature of the stock assessment approach for Hawaiian risk, although the Magnuson-Stevens assessment, localized depletion of bottomfish stocks, until such time data Act does specify that it be ‘‘low.’’ bottomfish stocks and component are sufficient to assess individual Discussions at a stock assessment species in the MHI, life history species. NMFS will continue to work symposium at the 2007 meeting of the characteristics of component species, with the Council, State of Hawaii, and AFS suggested that an overall risk of and scientific and management other management partners to improve overfishing of 10 percent would be uncertainty. Of the proposed fishery monitoring programs, and will prudent (considering scientific and alternatives published in the proposed continually reassess the status of management uncertainty), and values rule, we note that this is the only TAC bottomfish stocks and may modify up to 20 percent could be an acceptable that fits within the prudent levels of risk management measures, as needed. upper limit of risk. suggested by stock assessment scientists Comment 4: Localized depletion and Response: The TAC of 241,000 lb at the AFS meeting. overfishing of bottomfish stocks is also (109,316 kg) provides a 100 percent Response: See responses to comments a matter of concern for the fishing probability of success in preventing above. The Council and NMFS specified community. Informing MHI bottomfish archipelagic overfishing and, in the a TAC of 178,000 lb (80,739 kg) for the fishermen that the lack of fish in the MHI, a 60 percent probability of success 2007–08 fishing year. Considering that MHI is no longer a management concern in preventing local stock depletion in the Deep 7 bottomfish fisheries were because there are plenty at distant atolls fishing year 2008–09, increasing to a 75 closed for nearly seven months (from in the NWHI does nothing to change the percent probability of success in April 16, 2008, to November 15, 2008), amount of fish available to them. preventing local stock depletion in the and to balance the need to prevent Response: The management measures MHI in fishing year in 2009–10. The archipelagic overfishing and localized and distance from population centers Council and NMFS are required to stock depletion with the need to achieve provides protection for bottomfish in establish ACLs and AMs for all fisheries optimum yield, the specified TAC for the NWHI, and the recent archipelagic by 2011. 2008–09 is higher. The Council and stock assessment indicates that Comment 7: The Magnuson-Stevens NMFS will consider all information bottomfish stocks are not overfished or Act states that proposed TACs should when assessing bottomfish stocks and subject to overfishing. Nonetheless, the incorporate both scientific and specifying future TACs, including AFS Council and NMFS are concerned about management uncertainty to reduce the recommendations. the status of Deep 7 bottomfish stocks in risk of overfishing. However, the current the MHI. The specified TAC and related risk assessment incorporates only Classification management measures, including non- scientific uncertainty, and does not The Regional Administrator, NMFS commercial fishing permits, data consider management uncertainty (e.g., PIR, determined that this final collection program, and bag limits, underreported or incorrectly reported specification is necessary for the considered with the State of Hawaii’s fishing activity). As such, the analysis conservation and management of the commercial data collection program and underestimates the overall risk of MHI bottomfish fishery and that it is Bottomfish Restricted Fishing Areas, are overfishing. Additionally, multiple consistent with the Magnuson-Stevens intended to better monitor and protect models recently presented at the Act and other applicable laws. bottomfish in the MHI, while providing Council’s Scientific and Statistical A final regulatory flexibility analysis adequate opportunity for fishermen to Committee (SSC) provided divergent (FRFA) was prepared. The FRFA achieve optimum yield. conclusions about the state of the incorporates the initial regulatory Comment 5: The American Fisheries present fishery and its likely trajectory flexibility analysis (IRFA), a summary of Society (AFS) has recommended that under various potential management the significant issues raised by the fishing mortality for the snapper- frameworks. Considering these factors, public comments in response to the grouper complex be maintained ‘‘at or it is prudent to apply a cautious and IRFA and NMFS responses to those near natural mortality.’’ Given the life- conservative management approach comments, and a summary of the

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analyses completed to support the This action is exempt from the The A season allowance of the 2009 action. The analysis follows: procedures of E.O. 12866 because this Pacific cod TAC allocated to catcher NMFS prepared this FRFA for the 2008–09 action contains no implementing processors using hook–and–line gear in MHI bottomfish TAC pursuant to section 604 regulations. the BSAI is 37,660 metric tons (mt) as of the Regulatory Flexibility Act. This FRFA Authority: 16 U.S.C. 1801 et seq. established by the 2008 and 2009 final incorporates the IRFA, which appeared in its harvest specifications for groundfish in entirety in the Classification section of the Dated: February 9, 2009. the BSAI (73 FR 10160, February 26, proposed rule (73 FR 75057; December 10, Samuel D. Rauch III, 2008) and is not repeated in its entirety here. 2008). See § 679.20(a)(7)(ii)(A)(4), The need for, and objectives of, the action Deputy Assistant Administrator For § 679.20(a)(7)(iv)(A)(2), are provided in the preambles to the Regulatory Programs, National Marine § 679.20(c)(3)(iii), and § 679.20(c)(5). proposed and final specifications. This action Fisheries Service. In accordance with § 679.20(d)(1)(iii), does not duplicate, overlap, or conflict with [FR Doc. E9–3049 Filed 2–11–09; 8:45 am] the Regional Administrator finds that any other Federal rules. There are no BILLING CODE 3510–22–S the A season allowance of the 2009 reporting, recordkeeping, or other compliance requirements in the final Pacific cod directed fishing allowance allocated to catcher processors using specification. This action is taken under DEPARTMENT OF COMMERCE authority of the Magnuson-Stevens Act and hook–and–line gear in the BSAI has implementing regulations at 50 CFR § 665.72. National Oceanic and Atmospheric been reached. Consequently, NMFS is No comments were received on the IRFA. Administration prohibiting directed fishing for Pacific The Small Business Administration defines cod by catcher processors using hook– a commercial fishing business as a small 50 CFR Part 679 and–line gear in the BSAI. entity if annual gross receipts are less than After the effective date of this closure $4.0 million. All bottomfish vessels impacted by this specification are considered to be [Docket No. 071106673–8011–02] the maximum retainable amounts at small entities under this definition. There are § 679.20(e) and (f) apply at any time approximately 380 vessels engaged in the RIN 0648–XN23 during a trip. commercial harvest of MHI bottomfish. The Classification majority of the 380 vessels comprising the Fisheries of the Exclusive Economic affected universe are under 30 ft (9.1 m) in Zone Off Alaska; Pacific Cod by This action responds to the best length overall. There are no disproportionate Catcher Processors Using Hook–and– available information recently obtained economic impacts from this specification Line Gear in the Bering Sea and from the fishery. The Assistant based on home port, gear type, or relative Aleutian Islands Management Area Administrator for Fisheries, NOAA vessel size. (AA), finds good cause to waive the AGENCY: National Marine Fisheries Minimizing Economic Impacts on Small requirement to provide prior notice and Entities Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), opportunity for public comment This rule would not have an adverse Commerce. pursuant to the authority set forth at 5 economic impact to small entities because U.S.C. 553(b)(B) as such requirement is the 2008–09 TAC of 241,000 lb (109,316 kg), ACTION: Temporary rule; closure. impracticable and contrary to the public if taken, would produce $3,266 in average interest. This requirement is per-vessel revenue, as compared to $2,412 in SUMMARY: NMFS is prohibiting directed average per-vessel revenue realized for the fishing for Pacific cod by catcher impracticable and contrary to the public 2007–08 fishery. processors using hook–and–line gear in interest as it would prevent NMFS from NMFS considered two alternative TACs the Bering Sea and Aleutian Islands responding to the most recent fisheries that were larger than the one specified, management area (BSAI). This action is data in a timely fashion and would including 249,000 lb (112,944 kg) yielding a necessary to prevent exceeding the A delay the closure of Pacific cod by to potential $3,375 in average per-vessel catcher processors using hook–and–line revenue, and 271,000 lb (122,923 kg)yielding season allowance of the 2009 Pacific cod total allowable catch (TAC) gear in the BSAI. NMFS was unable to a potential $3,673 in average per-vessel publish a notice providing time for revenue. Although both of these alternatives allocated to catcher processors using could generate larger average revenues than hook–and–line gear in the BSAI. public comment because the most recent, relevant data only became the selected alternative, their specification DATES: Effective 1200 hrs, Alaska local available as of February 4, 2009. could also result in localized depletion of time (A.l.t.), February 6, 2009, through MHI bottomfish, which is inconsistent with The AA also finds good cause to 1200 hrs, A.l.t., June 10, 2009. National Standard 1 of the Magnuson- waive the 30-day delay in the effective Stevens Act. FOR FURTHER INFORMATION CONTACT: Josh date of this action under 5 U.S.C. Keaton, 907–586–7228. Small Entity Compliance Guide 553(d)(3). This finding is based upon SUPPLEMENTARY INFORMATION: NMFS Section 212 of the Small Business the reasons provided above for waiver of Regulatory Enforcement Fairness Act of 1996 manages the groundfish fishery in the prior notice and opportunity for public states that for each rule or group of related BSAI according to the Fishery comment. rules for which an agency is required to Management Plan for Groundfish of the This action is required by section prepare a FRFA, the agency shall publish one Bering Sea and Aleutian Islands 679.20 and is exempt from review under or more guides to assist small entities in Management Area (FMP) prepared by Executive Order 12866. complying with the rule, and shall designate the North Pacific Fishery Management Authority: 16 U.S.C. 1801 et seq. such publications as ‘‘small entity Council under authority of the compliance guides.’’ As part of this Magnuson–Stevens Fishery Dated: February 9, 2009. rulemaking process, a small entity Emily H. Menashes, compliance guide was prepared. Copies of Conservation and Management Act. Acting Director, Office of Sustainable the small entity compliance guide are Regulations governing fishing by U.S. Fisheries, National Marine Fisheries Service. available from the Regional Administrator vessels in accordance with the FMP (see ADDRESSES) and are also available at appear at subpart H of 50 CFR part 600 [FR Doc. E9–3013 Filed 2–9–09; 4:15 pm] www.fpir.noaa.gov/SFD/SFDlregsl2.html. and 50 CFR part 679. BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 74, No. 28

Thursday, February 12, 2009

This section of the FEDERAL REGISTER • Fax: (202) 493–2251. office (telephone (800) 647–5527) is the contains notices to the public of the proposed Contact Rolls-Royce plc, P.O. Box 31, same as the Mail address provided in issuance of rules and regulations. The Derby, DE24 8BJ, United Kingdom; the ADDRESSES section. Comments will purpose of these notices is to give interested telephone: 44 (0) 1332–242424; fax: 44 be available in the AD docket shortly persons an opportunity to participate in the (0) 1332–249936, for the service after receipt. rule making prior to the adoption of the final information identified in this proposed rules. Discussion AD. FOR FURTHER INFORMATION CONTACT: Ian On March 24, 1986, the FAA issued DEPARTMENT OF TRANSPORTATION Dargin, Aerospace Engineer, Engine AD 86–07–01, Amendment 39–5273 (51 Certification Office, FAA, Engine & FR 12511, April 11, 1986). That AD Federal Aviation Administration Propeller Directorate, 12 New England requires initial and repetitive Executive Park, Burlington, MA 01803; inspections of the combustor case welds 14 CFR Part 39 e-mail: [email protected]; telephone using RR MSB RB.211–72–7775, dated (781) 238–7178; fax (781) 238–7199. June 28, 1985. The Civil Aviation [Docket No. FAA–2009–0057; Directorate Authority (CAA), which is the Identifier 85–ANE–25–AD] SUPPLEMENTARY INFORMATION: airworthiness authority for the United RIN 2120–AA64 Comments Invited Kingdom, notified us that an unsafe condition may exist on RR RB211– We invite you to send any written Airworthiness Directives; Rolls-Royce 535E4 series turbofan engines. The CAA relevant data, views, or arguments plc (RR) RB211–535E4 Series Turbofan advises that RR has issued MSB regarding this proposal. Send your Engines RB.211–72–7775, Revision 3, dated comments to an address listed under April 9, 1999 to add the option of using AGENCY: Federal Aviation ADDRESSES . Include ‘‘Docket No. FAA– an ECI to inspect the outer combustion Administration (FAA), Department of 2009–0057; Directorate Identifier 85– case for cracks. That condition, if not Transportation (DOT). ANE–25–AD’’ in the subject line of your corrected, could result in an ACTION: Notice of proposed rulemaking comments. We specifically invite uncontained outer combustion case (NPRM). comments on the overall regulatory, burst, which could result in damage to economic, environmental, and energy the airplane. SUMMARY: The FAA proposes to aspects of the proposed AD. We will supersede an existing airworthiness consider all comments received by the Actions Since AD 86–07–01 Was Issued directive (AD) for Rolls-Royce (RR) closing date and may amend the Since that AD was issued, RR has RB211–535E4 series turbofan engines. proposed AD in light of those issued MSB RB.211–72–7775, Revision That AD currently requires initial and comments. 1, dated January 24, 1992; RB.211–72– repetitive inspections of the outer We will post all comments we 7775, Revision 2, dated February 27, combustion case for cracks and possible receive, without change, to http:// 1998; and RB.211–72–7775, Revision 3, removal. This proposed AD would www.regulations.gov, including any dated April 9, 1999. MSB RB.211–72– require the same inspections, but would personal information you provide. We 7775, Revision 3, dated April 9, 1999 require using RR Mandatory Service will also post a report summarizing each allows using an eddy current inspection Bulletin (MSB) RB.211–72–7775, substantive verbal contact with FAA (ECI) instead of the fluorescent Revision 3, dated April 9, 1999. This personnel concerning this proposed AD. penetrant inspection required by MSB proposed AD results from RR issuing a Using the search function of the Web RB.211–72–7775, dated June 28, 1985; revision to the MSB. We are proposing site, anyone can find and read the RB.211–72–7775, Revision 1, dated this AD to prevent an uncontained outer comments in any of our dockets, January 24, 1992; and RB.211–72–7775, combustion case burst, which could including, if provided, the name of the Revision 2, dated February 27, 1998. result in damage to the airplane. individual who sent the comment (or Also, we no longer consider using red DATES: We must receive any comments signed the comment on behalf of an dye penetrant, as specified in MSB on this proposed AD by April 13, 2009. association, business, labor union, etc.). RB.211–72–7775, dated June 28, 1985, ADDRESSES: Use one of the following You may review the DOT’s complete an acceptable inspection method. addresses to comment on this proposed Privacy Act Statement in the Federal Special Flight Permits Paragraph AD. Register published on April 11, 2000 • Federal eRulemaking Portal: Go to (65 FR 19477–78). Removed http://www.regulations.gov and follow The current AD, AD 86–07–01, Examining the AD Docket the instructions for sending your contains a paragraph pertaining to comments electronically. You may examine the AD docket on special flight permits. Even though this • Mail: Docket Management Facility, the Internet at http:// NPRM does not contain a similar U.S. Department of Transportation, 1200 www.regulations.gov; or in person at the paragraph, we have made no changes New Jersey Avenue, SE., West Building Docket Operations office between 9 a.m. with regard to the use of special flight Ground Floor, Room W12–140, and 5 p.m., Monday through Friday, permits to operate the airplane to a Washington, DC 20590–0001. except Federal holidays. The AD docket repair facility to do the work required • Hand Delivery: Deliver to Mail contains this proposed AD, the by this AD. In July 2002, we published address above between 9 a.m. and 5 regulatory evaluation, any comments a new Part 39 that contains a general p.m., Monday through Friday, except received, and other information. The authority regarding special flight Federal holidays. street address for the Docket Operations permits and airworthiness directives;

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see Docket No. FAA–2004–8460, because it addresses an unsafe condition Applicability Amendment 39–9474 (69 FR 47998, July that is likely to exist or develop on (c) This AD applies to RR RB211–534E4– 22, 2002). Thus, when we now products identified in this rulemaking 37, RR RB211–534E4–37, RR RB211–534E4– supersede ADs, we will not include a action. 37, RR RB211–534E4–37 turbofan engines specific paragraph on special flight that don’t incorporate RR Service Bulletin Regulatory Findings permits unless we want to limit the use (SB) RB.211–72–8045. These engines are We have determined that this installed on, but not limited to, Boeing 757 of that general authority granted in and Tupolev Tu204 airplanes. section 39.23. proposed AD would not have federalism implications under Executive Order Unsafe Condition Relevant Service Information 13132. This proposed AD would not (d) This AD results from RR issuing We have reviewed and approved the have a substantial direct effect on the revisions to Mandatory Service Bulletin technical contents of RR Mandatory States, on the relationship between the (MSB) RB.211–72–7775. We are issuing this Service Bulletin (MSB) RB.211–72– national Government and the States, or AD to prevent an uncontained outer 7775, Revision 3, dated April 9, 1999, on the distribution of power and combustion case burst, which could result in that describes procedures for inspecting responsibilities among the various damage to the airplane. the outer combustion case for cracks. levels of government. Compliance The CAA classified this service bulletin For the reasons discussed above, I (e) You are responsible for having the as mandatory and issued AD CAA 008– certify that the proposed AD: actions required by this AD performed within 07–85 in order to ensure the 1. Is not a ‘‘significant regulatory the compliance times specified unless the airworthiness of these RR engines in the action’’ under Executive Order 12866; actions have already been done. 2. Is not a ‘‘significant rule’’ under the United Kingdom. Initial Inspection DOT Regulatory Policies and Procedures FAA’s Determination and Requirements (44 FR 11034, February 26, 1979); and (f) Perform an initial inspection of the of the Proposed AD 3. Would not have a significant outer combustion casing. Use the economic impact, positive or negative, Accomplishment Instructions 3.A. of RR We have evaluated all pertinent MSB RB.211–72–7775, Revision 3, dated information and identified an unsafe on a substantial number of small entities April 9, 1999 and the following compliance condition that is likely to exist or under the criteria of the Regulatory schedules: develop on other products of this same Flexibility Act. (1) For cases with 1,500 or fewer cycles- type design. For that reason, we are We prepared a regulatory evaluation since-new (CSN) on the effective date of this proposing this AD, which would require of the estimated costs to comply with AD, inspect before accumulating 1,500 CSN. initial and repetitive ECI of the outer this proposed AD. See the ADDRESSES (2) For cases with more than 1,500 CSN on combustion case, and if necessary, section for a location to examine the the effective date of this AD, inspect within regulatory evaluation. 50 cycles-in-service (CIS) after the effective replacing the case. The proposed AD date of this AD. would require that you do these actions List of Subjects in 14 CFR Part 39 (3) If you detect any cracks of 1.5 inches using the service information described or more, replace the case before further flight. previously. Air transportation, Aircraft, Aviation safety, Incorporation by reference, Repetitive Inspections Costs of Compliance Safety. (g) Thereafter, inspect cases at the following intervals. Use the Accomplishment We estimate that this proposed AD The Proposed Amendment would affect 300 engines installed on Instructions 3.A. of RR MSB RB.211–72– airplanes of U.S. registry. We also Under the authority delegated to me 7775, Revision 3, dated April 9, 1999. by the Administrator, the Federal (1) Inspect within 500 cycles-since-last estimate that it would take about 1 inspection (CSLI) if you detected no cracks work-hour per engine to perform the Aviation Administration proposes to amend 14 CFR part 39 as follows: during the last inspection. proposed actions, and that the average (2) Inspect within 100 CSLI if you detected labor rate is $80 per work-hour. No parts PART 39—AIRWORTHINESS cracks less than or equal to 0.5 inch in length are required. Based on these figures, we DIRECTIVES during the last inspection. estimate the total cost of the proposed (3) Inspect within 50 CSLI if you detected AD to U.S. operators to be $24,000. 1. The authority citation for part 39 cracks greater than 0.5 inch but less than 1.5 continues to read as follows: inches in length. Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. Credit for Previous Inspections Title 49 of the United States Code (h) Cases inspected before the effective specifies the FAA’s authority to issue § 39.13 [Amended] date of this AD using RB.211–72–7775, rules on aviation safety. Subtitle I, 2. The FAA amends § 39.13 by Revision 2, dated February 27, 1998, or Section 106, describes the authority of removing Amendment 39–5273 (51 FR earlier issue, meet the requirements of this the FAA Administrator. Subtitle VII, 12511, April 11, 1986) and by adding a AD for the initial or repetitive inspections Aviation Programs, describes in more new airworthiness directive to read as specified in paragraphs (f) through (f)(3) and detail the scope of the Agency’s follows: (g) through (g)(3) of this AD. authority. Rolls-Royce plc (RR) (Formerly Rolls-Royce Alternative Methods of Compliance We are issuing this rulemaking under Limited): Docket No. FAA–2009–0057; (i) The Manager, Engine Certification the authority described in Subtitle VII, Directorate Identifier 85–ANE–25–AD. Office, FAA, has the authority to approve Part A, Subpart III, Section 44701, alternative methods of compliance for this ‘‘General requirements.’’ Under that Comments Due Date AD if requested using the procedures found section, Congress charges the FAA with (a) The Federal Aviation Administration in 14 CFR 39.19. (FAA) must receive comments on this promoting safe flight of civil aircraft in Related Information air commerce by prescribing regulations airworthiness directive (AD) action by April 13, 2009. (j) Civil Aviation Authority airworthiness for practices, methods, and procedures directive 008–07–85, dated June 19, 1985, the Administrator finds necessary for Affected ADs also addresses the subject of this AD. safety in air commerce. This regulation (b) This AD supersedes AD 86–07–01, (k) Rolls-Royce plc MSB RB.211–72–7775, is within the scope of that authority Amendment 39–5273. Revision 3, dated April 9, 1999, or earlier

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issue, contains information related to the the instructions for sending your Privacy Act Statement in the Federal subject of this AD. Contact Rolls-Royce plc, comments electronically. Register published on April 11, 2000 P.O. Box 31, Derby, DE24 8BJ, United • Mail: Docket Management Facility, (65 FR 19477–78). Kingdom; telephone: 44 (0) 1332–242424; U.S. Department of Transportation, 1200 fax: 44 (0) 1332–249936, for a copy of this Discussion service information New Jersey Avenue, SE., West Building (l) Contact Ian Dargin, Aerospace Engineer, Ground Floor, Room W12–140, The European Aviation Safety Agency Engine Certification Office, FAA, Engine & Washington, DC 20590–0001. • (EASA), which is the Technical Agent Propeller Directorate, 12 New England Hand Delivery: Deliver to Mail for the Member States of the European Executive Park, Burlington, MA 01803; e- address above between 9 a.m. and 5 Community, has issued EASA mail: [email protected]; telephone (781) p.m., Monday through Friday, except 238–7178; fax (781) 238–7199, for more Airworthiness Directive 2007–0050–E, Federal holidays. dated February 26, 2007 (referred to information about this AD. • Fax: (202) 493–2251. after this as ‘‘the MCAI’’), to correct an Issued in Burlington, Massachusetts, on January 23, 2009. Examining the AD Docket unsafe condition for the specified products. The MCAI states: Peter A. White, You may examine the AD docket on Assistant Manager, Engine and Propeller the Internet at http:// Repair Scheme BRG3086 Issue 1 instructs Directorate, Aircraft Certification Service. www.regulations.gov; or in person at the the repair of the High Pressure (HP) [FR Doc. E9–3018 Filed 2–11–09; 8:45 am] Docket Operations office between 9 a.m. Compressor Front Drum Assembly Damping Grooves. This repair has an impact on the life BILLING CODE 4910–13–P and 5 p.m., Monday through Friday, except Federal holidays. The AD docket of the High Pressure (HP) Compressor Front contains this proposed AD, the Drum Assembly. This EAD has been raised DEPARTMENT OF TRANSPORTATION regulatory evaluation, any comments to mandate certain specific CAUTION notes received, and other information. The related to specific subtasks of the BR715 Federal Aviation Administration street address for the Docket Operations Time Limits Manual (TLM) T–715–3BR office (telephone (800) 647–5527) is the instructing a reduced life for certain Serial 14 CFR Part 39 same as the Mail address provided in Numbers (S/N) of the High Pressure (HP) Compressor Front Drum Assemblies Part No. [Docket No. FAA–2009–0045; Directorate the ADDRESSES section. Comments will BRH20070 after repair BRG3086 Issue 1 has Identifier 2007–NE–53–AD] be available in the AD docket shortly after receipt. been applied and Part No. BRR21918 after RIN 2120–AA64 repair BRG3086 Issue 1 has been applied. FOR FURTHER INFORMATION CONTACT: Results for each individual repair case are Jason Yang, Aerospace Engineer, Engine Airworthiness Directives; Rolls-Royce listed in the latest revision of Non- Certification Office, FAA, Engine and Deutschland Ltd & Co KG Model Modification Service Bulletin SB–BR700–72– BR700–715A1–30, BR700–715B1–30, Propeller Directorate, 12 New England A900437. and BR700–715C1–30 Turbofan Executive Park, Burlington, MA 01803; Engines e-mail: [email protected]; telephone You may obtain further information by (781) 238–7747; fax (781) 238–7199. examining the MCAI in the AD docket. AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: Administration (FAA), DOT. Relevant Service Information ACTION: Notice of proposed rulemaking Comments Invited Rolls-Royce Deutschland Ltd & Co KG (NPRM). We invite you to send any written (RRD) has issued Alert Service Bulletin relevant data, views, or arguments about SUMMARY: We propose to adopt a new (ASB) SB–BR700–72–A900437, this proposed AD. Send your comments airworthiness directive (AD) for the Revision 1, dated April 18, 2007. The to an address listed under the products listed above. This proposed actions described in this service ADDRESSES section. Include ‘‘Docket No. AD results from mandatory continuing information are intended to correct the FAA–2009–0045; Directorate Identifier airworthiness information (MCAI) unsafe condition identified in the 2007–NE–53–AD’’ at the beginning of issued by an aviation authority of MCAI. your comments. We specifically invite another country to identify and correct comments on the overall regulatory, an unsafe condition on an aviation FAA’s Determination and Requirements economic, environmental, and energy product. The MCAI describes the unsafe of This Proposed AD aspects of this proposed AD. We will condition as: consider all comments received by the This product has been approved by Repair Scheme BRG3086 Issue 1 instructs closing date and may amend this the aviation authority of the Federal the repair of the High Pressure (HP) proposed AD based on those comments. Republic of Germany, and is approved Compressor Front Drum Assembly Damping We will post all comments we for operation in the United States. Grooves. This repair has an impact on the life Pursuant to our bilateral agreement with of the High Pressure (HP) Compressor Front receive, without change, to http:// Drum Assembly. www.regulations.gov, including any the Federal Republic of Germany, they personal information you provide. We have notified us of the unsafe condition We are proposing this AD to prevent will also post a report summarizing each described in the MCAI and service failure of front HP compressor rotors, substantive verbal contact with FAA information referenced above. We are which could result in an uncontained personnel concerning this proposed AD. proposing this AD because we evaluated engine failure and damage to the Using the search function of the Web all information provided by the EASA, airplane. site, anyone can find and read the and determined the unsafe condition DATES: We must receive comments on comments in any of our dockets, exists and is likely to exist or develop this proposed AD by March 16, 2009. including, if provided, the name of the on other products of the same type ADDRESSES: You may send comments by individual who sent the comment (or design. We are proposing this AD to any of the following methods: signed the comment on behalf of an require removing the affected HPC front • Federal eRulemaking Portal: Go to association, business, labor union, etc.). drum assemblies from operation before http://www.regulations.gov and follow You may review the DOT’s complete reaching the new, reduced life limit.

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Differences Between This AD and the We are issuing this rulemaking under The Proposed Amendment MCAI or Service Information the authority described in ‘‘Subtitle VII, Accordingly, under the authority We have found it necessary to differ Part A, Subpart III, Section 44701: delegated to me by the Administrator, from the MCAI as follows: General requirements.’’ Under that the FAA proposes to amend 14 CFR part • We don’t require operators to section, Congress charges the FAA with 39 as follows: amend the Time Limits Manual. promoting safe flight of civil aircraft in • We don’t allow the operators to air commerce by prescribing regulations PART 39—AIRWORTHINESS show compliance by using RRD ASB for practices, methods, and procedures DIRECTIVES SB–BR700–72–A900437, initial issue, the Administrator finds necessary for dated February 26, 2007. Some of the safety in air commerce. This regulation 1. The authority citation for part 39 affected parts are not included in the is within the scope of that authority continues to read as follows: initial issue of the ASB. because it addresses an unsafe condition Authority: 49 U.S.C. 106(g), 40113, 44701. • We have incorporated in this that is likely to exist or develop on proposed AD, the life reduction Table products identified in this rulemaking § 39.13 [Amended] for the HPC drum assemblies, by serial action. 2. The FAA amends § 39.13 by adding number (SN), that are specified in RRD the following new AD: Regulatory Findings ASB SB–BR700–72–A900437, Revision Rolls-Royce Deutschland Ltd & Co KG 1, dated April 18, 2007. We determined that this proposed AD (formerly BMW Rolls-Royce GmbH and • HPC drum assembly, P/N would not have federalism implications BMW Rolls-Royce Aero Engines): Docket BRH20070 is not affected by the No. FAA–2009–0045; Directorate under Executive Order 13132. This proposed AD; since only certain HPC Identifier 2007–NE–53–AD. proposed AD would not have a drums with P/N BRR21918 were substantial direct effect on the States, on Comments Due Date affected in accordance with RRD ASB the relationship between the national (a) We must receive comments by March SB–BR700–72–A900437, Revision 1, Government and the States, or on the 16, 2009. dated April 18, 2007. distribution of power and Affected ADs Costs of Compliance responsibilities among the various (b) None. Based on the service information, we levels of government. Applicability estimate that this proposed AD would For the reasons discussed above, I affect about 14 products of U.S. registry. certify this proposed regulation: (c) This AD applies to Rolls-Royce Deutschland Ltd & Co KG model BR700– We also estimate that it would take 1. Is not a ‘‘significant regulatory about 10 work-hours per product to 715A1–30, BR700–715B1–30, and BR700– action’’ under Executive Order 12866; 715C1–30 turbofan engines. These engines comply with this proposed AD. The 2. Is not a ‘‘significant rule’’ under the are installed on, but not limited to, average labor rate is $80 per work-hour. McDonnell Douglas 717–200 airplanes. Required parts would cost about DOT Regulatory Policies and Procedures $100,000 per product. Based on these (44 FR 11034, February 26, 1979); and Reason figures, we estimate the cost of the 3. Will not have a significant (d) Repair Scheme BRG3086 Issue 1 proposed AD on U.S. operators to be economic impact, positive or negative, instructs the repair of the High Pressure (HP) $1,411,200. Our cost estimate is on a substantial number of small entities Compressor Front Drum Assembly Damping exclusive of possible warranty coverage. Grooves. This repair has an impact on the life under the criteria of the Regulatory of the High Pressure (HP) Compressor Front Authority for This Rulemaking Flexibility Act. Drum Assembly. Title 49 of the United States Code We prepared a regulatory evaluation We are issuing this AD to prevent failure specifies the FAA’s authority to issue of the estimated costs to comply with of front HP compressor rotors, which could rules on aviation safety. Subtitle I, this proposed AD and placed it in the result in an uncontained engine failure and section 106, describes the authority of AD docket. damage to the airplane. the FAA Administrator. ‘‘Subtitle VII: List of Subjects in 14 CFR Part 39 Actions and Compliance Aviation Programs,’’ describes in more (e) Remove the following HPC drum detail the scope of the Agency’s Air transportation, Aircraft, Aviation assemblies from operation before reaching authority. safety, Safety. the life limit specified in Table 1 of this AD.

TABLE 1—CYCLIC LIFE BY PART NUMBER AND MISSION

High Pressure (HP) Compressor Rotor Front Disc Assembly A1–30 B1–30 and A1–30 C1–30 Tropical Part No. Serial No. design C1–30 designs Hawaiian and derated

BRR21918 ...... 1107 6,600 4,500 6,600 3,800 BRR21918 ...... 1120 6,800 4,700 6,800 4,000 BRR21918 ...... 1122 7,000 4,900 7,000 4,100 BRR21918 ...... 1144 7,300 5,000 7,300 4,200 BRR21918 ...... 1154 6,800 4,700 6,800 4,000 BRR21918 ...... 1163 6,800 4,700 6,800 4,000 BRR21918 ...... 1166 6,500 4,500 6,500 3,800 BRR21918 ...... 1194 6,900 4,800 6,900 4,000 BRR21918 ...... 1217 7,000 4,900 7,000 4,100 BRR21918 ...... 1232 7,200 5,000 7,200 4,200 BRR21918 ...... 1255 7,300 5,100 7,300 4,300 BRR21918 ...... 1259 7,500 5,200 7,500 4,400 BRR21918 ...... 1271 7,300 5,100 7,300 4,300

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TABLE 1—CYCLIC LIFE BY PART NUMBER AND MISSION—Continued

High Pressure (HP) Compressor Rotor Front Disc Assembly A1–30 B1–30 and A1–30 C1–30 Tropical Part No. Serial No. design C1–30 designs Hawaiian and derated

BRR21918 ...... 1292 7,300 5,100 7,300 4,300

Other FAA AD Provisions 16, which applies to certain M7 For service information identified in (f) Alternative Methods of Compliance Aerospace LP SA226 and SA227 series this proposed AD, contact M7 (AMOCs): The Manager, Engine Certification airplanes. AD 2008–12–16 currently Aerospace Repair Station, 10823 NE Office, FAA, has the authority to approve requires you to inspect wires and tube Entrance Road, San Antonio, Texas AMOCs for this AD, if requested using the assemblies for chafing, arcing, or 78216; telephone: (210) 824–9421; fax: procedures found in 14 CFR 39.19. insufficient clearance between (210) 804–7766; Internet: http:// Related Information components. If chafing, arcing, or www.m7aerospace.com. insufficient clearance between (g) Refer to MCAI Emergency FOR FURTHER INFORMATION CONTACT: components is found, AD 2008–12–16 Airworthiness Directive 2007–0050–E, dated Werner Koch, Aerospace Engineer, February 26, 2007, and Rolls-Royce requires you to clear, repair, and/or replace all chafed wires, components, ASW–150, Fort Worth Airplane Deutschland Ltd & Co KG Alert Service Certification Office, 2601 Meacham Bulletin SB–BR700–72–A900437, Revision 1, and tube assemblies. AD 2008–12–16 dated April 18, 2007, for related information. also requires you to cover the four-gauge Blvd., Fort Worth, Texas 76137; Contact Rolls-Royce Deutschland Ltd & Co wires leaving the battery box with telephone: (817) 222–5133; fax: (817) KG, Eschenweg 11, Dahlewitz, 15827 firesleeving and secure them with a 222–5960. Blankenfelde-Mahlow, Germany; telephone clamp. Since we issued AD 2008–12–16, SUPPLEMENTARY INFORMATION: 49 (0) 33–7086–1768; fax 49 (0) 33–7086– M7 Aerospace LP has notified us that 3356, or go to: http://www.rolls-royce.com/ Comments Invited deutschland/en/default.htm, for a copy of Model SA227–BC (C–26A) was this service information. inadvertently left out of the We invite you to send any written (h) Contact Jason Yang, Aerospace Applicability section of the AD and they relevant data, views, or arguments Engineer, Engine Certification Office, FAA, updated some of the service information regarding this proposed AD. Send your Engine and Propeller Directorate, 12 New due to parts availability. Operators have comments to an address listed under the England Executive Park, Burlington, MA also identified issues with model ADDRESSES section. Include the docket 01803; e-mail: [email protected]; telephone applicability that needed clarification. number, ‘‘FAA–2009–0119; Directorate (781) 238–7747; fax (781) 238–7199, for more Consequently, this proposed AD would Identifier 2008–CE–068–AD’’ at the information about this AD. retain the actions of AD 2008–12–16, beginning of your comments. We Issued in Burlington, Massachusetts, on add Model SA227–BC (C–26A) to the specifically invite comments on the January 21, 2009. Applicability section, and regroup the overall regulatory, economic, Peter A. White, models for clarification. We are environmental, and energy aspects of Assistant Manager, Engine and Propeller proposing this AD to detect and correct the proposed AD. We will consider all Directorate, Aircraft Certification Service. chafing of electrical wires, components, comments received by the closing date [FR Doc. E9–3017 Filed 2–11–09; 8:45 am] and tube assemblies. This condition and may amend the proposed AD in BILLING CODE 4910–13–P could result in arcing of exposed wires light of those comments. with consequent burning of a hole in a We will post all comments we hydraulic line or the bleed air line. This receive, without change, to http:// DEPARTMENT OF TRANSPORTATION failure could lead to a hydraulic fluid www.regulations.gov, including any leak and a possible fire in the engine personal information you provide. We Federal Aviation Administration nacelle compartment. will also post a report summarizing each DATES: We must receive comments on substantive verbal contact we receive 14 CFR Part 39 this proposed AD by April 13, 2009. concerning this proposed AD. [Docket No. FAA–2009–0119; Directorate ADDRESSES: Use one of the following Discussion Identifier 2008–CE–068–AD] addresses to comment on this proposed Five reports of chafing between the RIN 2120–AA64 AD: • Federal eRulemaking Portal: Go to bleed air tube assembly and the electrical starter cables on M7 Airworthiness Directives; M7 http://www.regulations.gov. Follow the Aerospace LP SA226 and SA227 series Aerospace LP Models SA226–AT, instructions for submitting comments. • airplanes, with one incident resulting in SA226–T, SA226–TC, SA227–AC (C– Fax: (202) 493–2251. • a fire, caused us to issue AD 2008–12– 26A), SA227–AT, SA227–BC (C–26A), Mail: U.S. Department of 16, Amendment 39–15560 (73 FR SA227–CC, and SA227–DC (C–26B) Transportation, Docket Operations, M– 34615, June 18, 2008). AD 2008–12–16 Airplanes 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., currently requires the following on M7 AGENCY: Federal Aviation Washington, DC 20590. Aerospace LP SA226 and SA227 series Administration (FAA), Department of • Hand Delivery: U.S. Department of airplanes: Transportation (DOT). Transportation, Docket Operations, M– • Inspect electrical wires and ACTION: Notice of proposed rulemaking 30, West Building Ground Floor, Room components, hydraulic tube assemblies, (NPRM). W12–140, 1200 New Jersey Avenue, SE., and bleed air tube assemblies, for Washington, DC 20590, between 9 a.m. sufficient clearance between SUMMARY: We propose to supersede and 5 p.m., Monday through Friday, components or any evidence of chafing Airworthiness Directive (AD) 2008–12– except Federal holidays. or arcing;

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• Clear, repair, and/or replace all service information due to parts This condition could result in arcing chafed electrical wires and components, availability. Operators have also of the exposed wires with consequent chafed hydraulic tube assemblies, and identified issues with the model burning of a hole in a hydraulic line or chafed bleed air tube assemblies; and applicability that needed clarification. the bleed air line. This failure could • Cover the four-gauge wires leaving Consequently, this proposed AD would lead to a hydraulic fluid leak and a the battery box with firesleeving and retain the actions of AD 2008–12–16, possible fire in the engine nacelle secure them with a clamp. add the Model SA227–BC (C–26A) to compartment. Since we issued AD 2008–12–16, M7 the Applicability section, and regroup Aerospace LP has notified us that Model the models for clarification. We are Relevant Service Information SA227–BC (C–26A) was inadvertently proposing this AD to detect and correct left out of the Applicability section of chafing of electrical wires, components, We have reviewed the following the AD and they updated some of the and tube assemblies. service bulletins and procedures:

Service bulletin Applicable models Procedures described

Fairchild Aircraft Corporation SA226 Series SA226–AT, SA226–T, and SA226–TC ...... Inspecting the battery cables and covering the Service Bulletin 226–24–019, revised: No- four-gauge wires leaving the battery box vember 21, 2008. with firesleeving and securing them with a clamp. Fairchild Aircraft Corporation SA227 Series SA227–AC, SA227–AT, and SA227–BC (C– Service Bulletin No. SB227–24–001, revised: 26A). November 21, 2008. M7 Aerospace SA226 Series Service Bulletin SA226–AT and SA226–TC ...... Rerouting the hydraulic tube assemblies in No. 226–24–020, revised: August 4, 2008. the right wing leading edge, rerouting the battery cables and 22-gauge wire bundle, and installing a new access panel forward of the battery box. M7 Aerospace SA227 Series Service Bulletin SA227–AC and SA227–AT. No. 227–24–002, revised: November 21, 2008. M7 Aerospace SA226 Series Service Bulletin SA226AT, SA226–T, and SA226TC...... Inspecting electrical wires and components, No. 226–24–036, revised: November 21, hydraulic tube assemblies, and bleed air 2008. tube assemblies at the inboard wing leading edge/battery box areas, wing stations 51.167 to 81.174, and the feed-through lo- cations into the inboard keelson. M7 Aerospace SA227 Series Service Bulletin SA227–AC (C–26A), SA227–BC (C–26A), No. 227–24–019, revised: November 21, and SA227–AT. 2008. M7 Aerospace SA227 Series Commuter Cat- SA227–CC and SA227–DC (C–26B). egory Service Bulletin No. CC7–24–010, re- vised: November 21, 2008.

FAA’s Determination and Requirements supersede AD 2008–12–16 with a new the service information described of the Proposed AD AD that would retain the actions of AD previously to perform these actions. 2008–12–16, add Model SA227–BC Costs of Compliance We are proposing this AD because we (C26A) to the Applicability section, and evaluated all information and regroup the models for clarification. We We estimate that this proposed AD determined the unsafe condition are proposing this AD to detect and would affect 268 airplanes in the U.S. described previously is likely to exist or correct chafing of electrical wires, registry. develop on other products of the same components, and tube assemblies. This We estimate the following costs to do type design. This proposed AD would proposed AD would require you to use the proposed inspection:

Total cost on Labor cost Parts cost Total cost per U.S. airplane operators

4 work-hours × $80 per hour = $320 ...... Not Applicable ...... $320 $85,760

We estimate the following costs to do airplanes referenced in M7 Aerospace Bulletin 227–24–001, revised: any necessary modifications for certain SA226 Series Service Bulletin 226–24– November 21, 2008. We estimate 88 Models SA226–AT, SA226–T, SA226– 019, revised: November 21, 2008; or M7 airplanes may need this modification: TC, SA227–AC, and SA227–AT Aerospace SA227 Series Service

Total cost on Labor cost Parts cost Total cost per U.S. airplane operators

13 work-hours × $80 per hour = $1,040 ...... $7 $1,047 $92,136

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We estimate the following costs to do SA226 Series Service Bulletin 226–24– November 21, 2008. We have no way of any necessary repairs for certain Models 020, revised: August 4, 2008; or M7 determining the number of airplanes SA226–AT, SA226–TC, SA227–AC, and Aerospace SA227 Series Service that may need this repair: SA227–AT referenced in M7 Aerospace Bulletin 227–24–002, revised:

Total cost per Labor cost Parts cost airplane

50 work-hours × $80 per hour = $4,000 ...... $3,000 $7,000

Authority for This Rulemaking 3. Will not have a significant § 39.13 [Amended] Title 49 of the United States Code economic impact, positive or negative, 2. The FAA amends § 39.13 by specifies the FAA’s authority to issue on a substantial number of small entities removing Airworthiness Directive (AD) rules on aviation safety. Subtitle I, under the criteria of the Regulatory 2008–12–16, Amendment 39–15560 (73 Section 106, describes the authority of Flexibility Act. FR 34615, June 18, 2008), and adding the FAA Administrator. Subtitle VII, We prepared a regulatory evaluation the following new AD: Aviation Programs, describes in more of the estimated costs to comply with M7 Aerospace LP: Docket No. FAA–2009– detail the scope of the Agency’s this proposed AD and placed it in the 0119; Directorate Identifier 2008–CE– authority. AD docket. 068–AD. We are issuing this rulemaking under the authority described in subtitle VII, Examining the AD Docket Comments Due Date part A, subpart III, section 44701, You may examine the AD docket that (a) We must receive comments on this ‘‘General requirements.’’ Under that contains the proposed AD, the airworthiness directive (AD) action by April section, Congress charges the FAA with regulatory evaluation, any comments 13, 2009. promoting safe flight of civil aircraft in received, and other information on the Affected ADs air commerce by prescribing regulations Internet at http://www.regulations.gov; (b) This AD supersedes AD 2008–12–16, for practices, methods, and procedures or in person at the Docket Management Amendment 39–15560. the Administrator finds necessary for Facility between 9 a.m. and 5 p.m., safety in air commerce. This regulation Monday through Friday, except Federal Applicability is within the scope of that authority holidays. The Docket Office (telephone (c) This AD applies to Models SA226–AT, because it addresses an unsafe condition (800) 647–5527) is located at the street SA226–T, SA226–TC, SA227–AC (C–26A), that is likely to exist or develop on address stated in the ADDRESSES section. SA227–AT, SA227–BC (C–26A), SA227–CC, products identified in this rulemaking Comments will be available in the AD and SA227–DC (C–26B) airplanes, all serial numbers, that are certificated in any category. action. docket shortly after receipt. Unsafe Condition Regulatory Findings List of Subjects in 14 CFR Part 39 We have determined that this (d) This AD results from five reports of Air transportation, Aircraft, Aviation chafing between the bleed air tube assembly proposed AD would not have federalism and the electrical starter cables on M7 implications under Executive Order safety, Incorporation by reference, Safety. Aerospace LP SA226 and SA227 series 13132. This proposed AD would not airplanes with one incident resulting in a have a substantial direct effect on the The Proposed Amendment fire. We are proposing this AD to detect and States, on the relationship between the correct chafing of electrical wires and national Government and the States, or Accordingly, under the authority components, hydraulic tube assemblies, and on the distribution of power and delegated to me by the Administrator, bleed air tube assemblies. This condition responsibilities among the various the FAA proposes to amend 14 CFR part could result in arcing of the exposed wires levels of government. 39 as follows: with consequent burning of a hole in a For the reasons discussed above, I hydraulic line or the bleed air line. This failure could lead to a possible hydraulic certify that the proposed regulation: PART 39—AIRWORTHINESS DIRECTIVES fluid leak and fire in the engine nacelle 1. Is not a ‘‘significant regulatory compartment. action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the 1. The authority citation for part 39 Compliance DOT Regulatory Policies and Procedures continues to read as follows: (e) To address this problem, you must do (44 FR 11034, February 26, 1979); and Authority: 49 U.S.C. 106(g), 40113, 44701. the following, unless already done:

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Actions Compliance Procedures

(1) For airplanes with the following Model Num- Within 250 hours time-in-service (TIS) after Use the following service information as appli- bers (M/N) and Serial Numbers (S/N), inspect July 23, 2008 (the effective date of AD cable: the main battery leads running forward from 2008–12–16). (A) For Models SA226–AT, SA226–T, and the battery compartment for deterioration, SA226–TC airplanes: Follow M7 Aerospace cover the four-gauge wires leaving the bat- SA226 Series Service Bulletin No. 226–24– tery box with firesleeving, and secure them 019, revised: November 21, 2008; or Fair- with a clamp: child Aircraft Corporation SA226 Series (i) M/N SA226–AT, S/N AT–001 through Service Bulletin No. SB 24–019, revised: AT–419; May 17, 1983; or (ii) M/N SA226–T, S/N T–201 through T– (B) For Models SA227–AC (C–26A) and 248; SA227–AT airplanes: Follow M7 Aerospace (iii) M/N SA226–TC, S/N TC–201 through SA227 Series Service Bulletin No. 227–24– TC–419; 001, revised: November 21, 2008; or Fair- (iv) M/N SA227–AC (C–26A), S/N AC–420 child Aircraft Corporation SA227 Series through AC–539, AC–541, AC–543, AC– Service Bulletin No. SB24–001, revised: 544, AC–547 through AC–551; and May 17, 1983. (v) M/N SA227–AT, S/N AT–423 through AT–551. (2) For airplanes with the following M/Ns and S/ Before further flight after the modification re- Use the following service information as appli- Ns, reroute the hydraulic tube assemblies in quired in paragraph (e)(1) of this AD and cable: the right wing leading edge, reroute the bat- you were not able to obtain a minimum (A) For Models SA226–AT, and SA226–TC tery cables and 22-gauge wire bundle, and 0.50-inch clearance between the bleed air airplanes: Follow M7 Aerospace SA226 Se- install a new access panel forward of the bat- line and the tubing on the battery cables. ries Service Bulletin No. 226–24–020, re- tery box: vised: August 4, 2008; or Fairchild Aircraft (i) M/N SA226–AT, S/N AT–001 through Corporation SA226 Series Service Bulletin AT–074; No. SB 24–020, revised: February 15, (ii) M/N SA226–TC, S/N TC–201 through 1984; or TC–419; (B) For Models SA227–AC (C–26A) and (iii) M/N SA227–AC (C–26A), S/N AC–420 SA227–AT, airplanes: Follow M7 Aero- through AC–539, AC–541, AC–543, AC– space SA227 Series Service Bulletin No. 544, AC–547 through AC–550; and 227–24–002, revised: November 21, 2008; (iv) M/N SA227–AT, S/N AT–423 through or Fairchild Aircraft Corporation SA227 Se- AT–551. ries Service Bulletin No. SB24–002, re- vised: February 15, 1984. (3) For airplane Models SA226–AT, SA226–T, Within 250 hours TIS after July 23, 2008 (the Use the following service information as appli- SA226–TC, SA227–AC (C–26A), SA227–AT, effective date of AD 2008–12–16). Repet- cable: SA227–CC, and SA227–DC (C–26B): Inspect itively thereafter inspect at intervals not to (i) For Models SA226–AT, SA226–T, and electrical wires and components, hydraulic exceed 12 months. SA226–TC airplanes: Follow M7 Aero- tube assemblies, and bleed air tube assem- space SA226 Series Service Bulletin blies at the left hand and right hand (LH/RH) No. 226–24–036, revised November inboard wing leading edge/battery box areas, 21, 2008; or M7 Aerospace SA226 Se- LH/RH wing stations 51.167 to 81.174, and ries Service Bulletin No. 226–24–036, at all feed-through locations into the LH/RH issued: September 19, 2007; inboard keelson for any evidence of chafing (ii) For Models SA227–AC (C–26A) and or arcing. SA227–AT, airplanes: Follow M7 Aero- space SA227 Series Service Bulletin No. 227–24–019, revised: November 21, 2008; or M7 Aerospace SA227 Se- ries Service Bulletin No. 227–24–019, issued: September 19, 2007; or (iii) For Models SA227–CC and SA227– DC (C–26B) airplanes: Follow SA227 Series Commuter Category Service Bulletin No. CC7–24–010, revised No- vember 21, 2008; or SA227 Series Commuter Category Service Bulletin No. CC7–24–010, issued September 19, 2007. (4) For airplane Model SA227–BC (C–26A): In- Within 250 hours TIS after the effective date Follow M7 Aerospace SA227 Series Service spect the main battery leads running forward of this AD. Bulletin No. 227–24–001, revised: Novem- from the battery compartment for any evi- ber 21, 2008. dence of insulation deterioration. (5) For airplane Model SA227–BC (C–26A): In- Within 250 hours TIS after the effective date Follow M7 Aerospace SA227 Series Service spect electrical wires and components, hy- of this AD. Repetitively thereafter inspect at Bulletin No. 227–24–019, revised: Novem- draulic tube assemblies, and bleed air tube intervals not to exceed 12 months. ber 21, 2008. assemblies at LH/RH inboard wing leading edge/battery box areas, LH/RH wing stations 51.167 to 81.174, and at all feed-through lo- cations into the LH/RH inboard keelson for any evidence of insulation deterioration, chaf- ing, or arcing.

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Actions Compliance Procedures

(6) For all airplane Models: Clear, repair, and/or Before further flight after any inspection re- Use the service information from paragraphs replace all electrical wires and components, quired in paragraphs (e)(1), (e)(3), (e)(4), (e)(1), (e)(3), (e)(4), and (e)(5) of this AD, hydraulic tube assemblies, and bleed air tube and (e)(5) of this AD where any evidence of as applicable. assemblies, in the inspection area and feed- insulation deterioration, chafing, or arcing through locations that show any sign of insu- was found. lation deterioration, chafing, or arcing, as re- quired.

Note: Although not a requirement of this DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: AD, you may incorporate Swearingen Daryl Daniels, Airspace Specialist, Aviation Corporation SA226 Series Service Federal Aviation Administration Operations Support Group, Eastern Bulletin No. 57–010, revised: December 5, Service Center, Air Traffic Organization, 1975, on those airplanes that have not 14 CFR Part 71 Federal Aviation Administration, P.O. installed the access panel. Installation of the Box 20636, Atlanta, Georgia 30320; access panel will simplify the incorporation [Docket No. FAA–2008–1253; Airspace telephone (404) 305–5581. of the service bulletins referenced in this AD Docket No. 08–ANE–103] SUPPLEMENTARY INFORMATION: and future inspections of the areas of concern. Establishment of Class E Airspace; Comments Invited Nantucket, MA Interested persons are invited to Alternative Methods of Compliance comment on this rule by submitting (AMOCs) AGENCY: Federal Aviation Administration (FAA), DOT. such written data, views, or arguments, (f) The Manager, Fort Worth Airplane as they may desire. Comments that Certification Office, FAA, has the authority to ACTION: Notice of proposed rulemaking. provide the factual basis supporting the approve AMOCs for this AD, if requested views and suggestions presented are using the procedures found in 14 CFR 39.19. SUMMARY: This action proposes to modify Class E Airspace at Nantucket, particularly helpful in developing Send information to ATTN: Werner Koch, reasoned regulatory decisions on the Aerospace Engineer, ASW–150, Fort Worth MA. The development of new Standard Instrument Approach Procedures proposal. Comments are specifically Airplane Certification Office, 2601 Meacham invited on the overall regulatory, Blvd., Fort Worth, Texas 76137; telephone: (SIAPs) and the evaluation of current procedures are requiring the aeronautical, economic, environmental, (817) 222–5133; fax: (817) 222–5960. Before and energy-related aspects of the using any approved AMOC on any airplane establishment of Class E Surface airspace designated as an extension to proposal. Communications should to which the AMOC applies, notify your identify both docket numbers and be appropriate principal inspector (PI) in the Class D airspace. This action would encompass the SIAPs and enhance the submitted in triplicate to the address FAA Flight Standards District Office (FSDO), listed above. Those wishing the FAA to or lacking a PI, your local FSDO. safety and airspace management around the Nantucket Memorial Airport, MA. acknowledge receipt of their comments Related Information on this notice must submit with those DATES: Comments must be received on comments a self-addressed, stamped (g) To get copies of the service information or before March 16, 2009. referenced in this AD, contact M7 Aerospace postcard on which the following ADDRESSES: Send comments on this rule Repair Station, 10823 NE Entrance Road, San statement is made: ‘‘Comments to to: U.S. Department of Transportation, Antonio, Texas 78216; telephone: (210) 824– Docket No. FAA–2008–1253; Airspace Docket Operations, West Building 9421; fax: (210) 804–7766; Internet: http:// Docket No. 08–ANE–103.’’ The postcard Ground Floor, Room W12–140, 1200 www.m7aerospace.com. To view the AD will be date/time stamped and returned docket, go to U.S. Department of New Jersey Avenue, SE., Washington, to the commenter. All communications Transportation, Docket Operations, M–30, DC 20590–0001; Telephone: 1–800– received before the specified closing West Building Ground Floor, Room W12– 647–5527; Fax: 202–493–2251. You date for comments will be considered 140, 1200 New Jersey Avenue, SE., must identify the Docket Number FAA– before taking action on the proposed Washington, DC 20590, or on the Internet at 2008–1253; Airspace Docket No. 08– rule. The proposal contained in this http://www.regulations.gov. ANE–103, at the beginning of your notice may be changed in light of the comments. You may also submit and comments received. A report Issued in Kansas City, Missouri, on review received comments through the summarizing each substantive public February 6, 2009. Internet at http://www.regulations.gov. contact with FAA personnel concerned Kim Smith, You may review the public docket with this rulemaking will be filed in the Manager, Small Airplane Directorate, Aircraft containing the rule, any comments docket. Certification Service. received, and any final disposition in [FR Doc. E9–3012 Filed 2–11–09; 8:45 am] person in the Dockets Office (see Availability of NPRMs BILLING CODE 4910–13–P ADDRESSES section for address and An electronic copy of this document phone number) between 9 a.m. and 5 may be downloaded from and p.m., Monday through Friday, except comments submitted through http:// Federal Holidays. www.regulations.gov. Recently An informal docket may also be published rulemaking documents can examined during normal business hours also be accessed through the FAA’s Web at the office of the Eastern Service page at http://www.faa.gov/ Center, Federal Aviation airports_airtraffic/air_traffic/ Administration, Room 210, 1701 publications/airspace_amendments/. Columbia Avenue, College Park, Georgia Persons interested in being placed on a 30337. mailing list for future NPRMs should

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contact the FAA’s Office of Rulemaking, modify Class E airspace at Nantucket, DEPARTMENT OF TRANSPORTATION (202) 267–9677, to request a copy of MA. Advisory Circular No. 11–2A, Notice of Federal Aviation Administration Proposed Rulemaking Distribution Lists of Subjects in 14 CFR Part 71 14 CFR Part 71 System, which describes the application Airspace, Incorporation by reference, procedure. Navigation (Air). [Docket No. FAA–2009–0052; Airspace The Proposal Docket No. 09–AGL–1] The Proposed Amendment The FAA is considering an Proposed Amendment of Class E amendment to Part 71 of the Code of In consideration of the foregoing, the Airspace; Ironwood, MI Federal Regulations (14 CFR Part 71) to Federal Aviation Administration modify Class E airspace at Nantucket, proposes to amend 14 CFR Part 71 as AGENCY: Federal Aviation MA. During an evaluation of current follows: Administration (FAA), DOT. procedures and while developing new ACTION: Notice of proposed rulemaking Standard Instrument Approach PART 71—DESIGNATION OF CLASS A, (NPRM). Procedures (SIAPs) for the airport it was CLASS B, CLASS C, CLASS D, AND determined that Class E surface airspace CLASS E AIRSPACE AREAS; SUMMARY: This action proposes to is required to the northeast of the AIRWAYS; ROUTES; AND REPORTING amend Class E airspace at Ironwood, MI. airport, designated as an extension of POINTS Additional controlled airspace is the Class D surface area. Class E surface necessary to accommodate new airspace designations as extensions to 1. The authority citation for Part 71 Standard Instrument Approach Class D (Class E4 airspace) are will continue to read as follows: Procedures (SIAPs) at Gogebic Iron published in Paragraph 6004 of FAA County Airport, Ironwood, MI. The FAA Order 7400.9S, signed October 3, 2008, Authority: 49 U.S.C. 106(g); 40103, 40113, is taking this action to enhance the and effective October 31, 2008, which is 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– safety and management of Instrument incorporated by reference in 14 CFR 1963 Comp., p. 389. Flight Rules (IFR) aircraft operations at 71.1. The Class E airspace designation § 71.1 [Amended] Gogebic Iron County Airport. listed in this document would be DATES: 0901 UTC. Comments must be published subsequently in the Order. 2. The incorporation by reference in received on or before March 30, 2009. The FAA has determined that this 14 CFR 71.1 of Federal Aviation ADDRESSES: Send comments on this proposed regulation only involves an Administration Order 7400.9S, Airspace proposal to the U.S. Department of established body of technical Designations and Reporting Points, Transportation, Docket Operations, 1200 regulations for which frequent and signed October 3, 2008, and effective New Jersey Avenue, SE., West Building routine amendments are necessary to October 31, 2008, is proposed to be Ground Floor, Room W12–140, keep them operationally current. It, amended as follows: Washington, DC 20590–0001. You must therefore, (1) is not a ‘‘significant identify the docket number FAA–2009– regulatory action’’ under Executive Paragraph 6004 Class E Airspace Areas 0052/Airspace Docket No. 09–AGL–1, at Order 12866; (2) is not a ‘‘significant Designated as an Extension to a Class D Surface Area the beginning of your comments. You rule’’ under DOT Regulatory Policies may also submit comments on the and Procedures (44 FR 11034; February * * * * * Internet at http://www.regulations.gov. 26, 1979); and (3) does not warrant ANE MA E4 Nantucket, MA [NEW] preparation of a Regulatory Evaluation You may review the public docket Nantucket Memorial Airport, MA containing the proposal, any comments as the anticipated impact is so minimal. ° ′ ″ ° ′ ″ Since this is a routine matter that will (Lat. 41 15 11 N., long. 70 03 37 W.) received, and any final disposition in only affect air traffic procedures and air That airspace extending upward from the person in the Dockets Office between 9 navigation, it is certified that this surface of the Earth within 1.5 mile either a.m. and 5 p.m., Monday through proposed rule, when promulgated, side of the 045° bearing from the Nantucket Friday, except Federal holidays. The would not have a significant economic Memorial Airport extending from the 4.2 Docket Office (telephone 1–800–647– impact on a substantial number of small mile radius to 12.6 miles Northeast of the 5527), is on the ground floor of the entities under the criteria of the airport. This Class E Surface airspace area is building at the above address. Regulatory Flexibility Act. effective during the specific days and times FOR FURTHER INFORMATION CONTACT: The FAA’s authority to issue rules established in advance by a Notice to Scott Enander, Central Service Center, regarding aviation safety is found in Airmen. The effective days and times will Operations Support Group, Federal Title 49 of the United States code. thereafter be continuously published in the Aviation Administration, Southwest Subtitle I, Section 106 describes the Airport/Facility Directory. Region, 2601 Meacham Blvd., Fort authority of the FAA Administrator. * * * * * Worth, TX 76193–0530; telephone: (817) 321–7716. Subtitle VII, Aviation Programs, Issued in College Park, Georgia, on January describes in more detail the scope of the 20, 2009. SUPPLEMENTARY INFORMATION: agency’s authority. This proposed rulemaking is Mark D. Ward, Comments Invited promulgated under the authority Manager, Operations Support Group, Eastern Interested parties are invited to described in Subtitle VII, Part A, Service Center, Air Traffic Organization. participate in this proposed rulemaking Subpart I, Section 40103. Under that [FR Doc. E9–2972 Filed 2–11–09; 8:45 am] by submitting such written data, views, section, the FAA is charged with BILLING CODE 4910–13–P or arguments, as they may desire. prescribing regulations to assign the use Comments that provide the factual basis of airspace necessary to ensure the supporting the views and suggestions safety of aircraft and the efficient use of presented are particularly helpful in airspace. This regulation is within the developing reasoned regulatory scope of that authority as it proposes to decisions on the proposal. Comments

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are specifically invited on the overall regulatory action’’ under Executive AGL MI E5 Ironwood, MI [Amended] regulatory, aeronautical, economic, Order 12866; (2) is not a ‘‘significant Gogebic Iron County Airport , MI environmental, and energy-related rule’’ under DOT Regulatory Policies (Lat. 46°31′39″ N., long. 90°07′53″ W.) aspects of the proposal. and Procedures (44 FR 11034; February Ironwood ILS Communications should identify both 26, 1979); and (3) does not warrant (Lat. 46°31′39″ N., long. 90°09′12″ W.) docket numbers and be submitted in Ironwood VORTAC preparation of a Regulatory Evaluation ° ′ ″ ° ′ ″ triplicate to the address listed above. as the anticipated impact is so minimal. (Lat. 46 31 56 N., long. 90 07 33 W.) Commenters wishing the FAA to Since this is a routine matter that will That airspace extending upward from 700 acknowledge receipt of their comments only affect air traffic procedures and air feet above the surface within a 6.6-mile on this notice must submit with those radius of Gogebic Iron County Airport and navigation, it is certified that this rule, within 3.5 miles each side of the ILS localizer comments a self-addressed, stamped when promulgated, will not have a course extending from the 6.6-mile radius to postcard on which the following significant economic impact on a 10.2 miles east of the airport and within 3.2 statement is made: ‘‘Comments to substantial number of small entities miles each side of the Ironwood VORTAC Docket No. FAA–2009–0052/Airspace under the criteria of the Regulatory 104° radial extending from the 6.6-mile Docket No. 09–AGL–1.’’ The postcard Flexibility Act. The FAA’s authority to radius to 11.7 miles southeast of the will be date/time stamped and returned issue rules regarding aviation safety is VORTAC, and within 2.4 miles each side of ° to the commenter. found in Title 49 of the U.S. Code. the Ironwood VORTAC 260 radial extending Subtitle 1, Section 106 describes the from the 6.6-mile radius to 7 miles west of Availability of NPRMs the VORTAC and within 4 miles each side authority of the FAA Administrator. An electronic copy of this document of the 090° bearing from the airport extending Subtitle VII, Aviation Programs, from the 6.6-mile radius to 11.4 miles east of may be downloaded through the describes in more detail the scope of the Internet at http://www.regulations.gov. the airport; and that airspace extending agency’s authority. This rulemaking is upward from 1,200 feet above the surface Recently published rulemaking promulgated under the authority within a 21-mile radius of the Ironwood documents can also be accessed through described in Subtitle VII, Part A, VORTAC. the FAA’s Web page at http:// Subpart I, Section 40103. Under that * * * * * www.faa.gov/airports_airtraffic/ _ section, the FAA is charged with Issued in Fort Worth, TX on February 2, air traffic/publications/ prescribing regulations to assign the use airspace_amendments/. 2009. of airspace necessary to ensure the Anthony D. Roetzel, Additionally, any person may obtain safety of aircraft and the efficient use of a copy of this notice by submitting a Manager, Operations Support Group, ATO airspace. This regulation is within the Central Service Center. request to the Federal Aviation scope of that authority as it would add [FR Doc. E9–2999 Filed 2–11–09; 8:45 am] Administration (FAA), Office of Air additional controlled airspace at Traffic Airspace Management, ATA– Gogebic Iron County Airport, Ironwood, BILLING CODE 4910–13–P 400, 800 Independence Avenue, SW., MI. Washington, DC 20591, or by calling (202) 267–8783. Communications must List of Subjects in 14 CFR Part 71 DEPARTMENT OF TRANSPORTATION identify both docket numbers for this Airspace, Incorporation by reference, notice. Persons interested in being Federal Aviation Administration Navigation (Air). placed on a mailing list for future NPRMs should contact the FAA’s Office The Proposed Amendment 14 CFR Part 71 of Rulemaking (202) 267–9677, to [Docket No. FAA–2008–0926; Airspace request a copy of Advisory Circular No. In consideration of the foregoing, the Docket No. 08–AAL–24] Federal Aviation Administration 11–2A, Notice of Proposed Rulemaking RIN 2120–AA66 Distribution System, which describes proposes to amend 14 CFR Part 71 as follows: the application procedure. Proposed Establishment, Revision, The Proposal PART 71—DESIGNATION OF CLASS A, and Removal of Area Navigation (RNAV) Routes; Alaska This action proposes to amend Title B, C, D, AND E AIRSPACE AREAS; 14, Code of Federal Regulations (14 AIRWAYS; ROUTES; AND REPORTING AGENCY: Federal Aviation CFR), Part 71 by adding additional Class POINTS Administration (FAA), DOT. E airspace for SIAPs operations at 1. The authority citation for Part 71 ACTION: Notice of proposed rulemaking Gogebic Iron County Airport, Ironwood, continues to read as follows: (NPRM). MI. The area would be depicted on appropriate aeronautical charts. Authority: 49 U.S.C. 106(g); 40103, 40113, SUMMARY: This action proposes to Class E airspace areas are published 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– establish twenty three Area Navigation in Paragraph 6005 of FAA Order 1963 Comp., p. 389. (RNAV) routes, and revise fourteen 7400.9S, dated October 3, 2008, and § 71.1 [Amended] RNAV routes, in the State of Alaska. effective October 31, 2008, which is Additionally, this action proposes to incorporated by reference in 14 CFR 2. The incorporation by reference in remove four existing routes that are no 71.1. The Class E airspace designation 14 CFR 71.1 of Federal Aviation longer required. Q & T-routes are Air listed in this document would be Administration Order 7400.9S, Airspace Traffic Service (ATS) routes, based on published subsequently in the Order. Designations and Reporting Points, RNAV, for use by aircraft having The FAA has determined that this dated October 3, 2008, and effective instrument flight rules (IFR)-approved proposed regulation only involves an October 31, 2008, is amended as Global Positioning System (GPS)/Global established body of technical follows: Navigation Satellite System (GNSS) regulations for which frequent and Paragraph 6005 Class E Airspace areas equipment. The FAA is proposing this routine amendments are necessary to extending upward from 700 feet or more action to enhance safety and to improve keep them operationally current. It, above the surface of the earth. the efficient use of the navigable therefore, (1) Is not a ‘‘significant * * * * * airspace in Alaska.

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DATES: Comments must be received on with this rulemaking will be filed in the no longer contain the individual or before March 30, 2009. docket. coordinates for each navigational aid, waypoint or fix. The coordinates will be ADDRESSES: Send comments on the Availability of NPRMs proposal to the U.S. Department of published in the National Flight Data Transportation, Dockets Operations, M– An electronic copy of this document Digest and subsequently in FAA Order 30, 1200 New Jersey Avenue, SE., West may be downloaded through the 7350.8 Location Identifiers. Internet at http://www.regulations.gov. Building Ground Floor, Room W12–140, Related Rulemaking Washington, DC 20590–0001; telephone: Recently published rulemaking (202) 366–9826. You must identify documents can also be accessed through On April 8, 2003, the FAA published the FAA’s Web page at http:// the Designation of Class A, B, C, D, and docket No. FAA–2008–0926 and _ Airspace Docket No. 08–AAL–24, at the www.faa.gov/airports airtraffic/ E Airspace Areas; Air Traffic Service air_traffic/publicaitons/ Routes, and Reporting Points rule in the beginning of your comments. You may _ also submit comments on the Internet at airspace amendments/. Federal Register (68 FR 16943). This You may review the public docket rule adopted certain amendments http://www.regulations.gov. containing the proposal, any comments proposed in Notice No. 02–20, Area FOR FURTHER INFORMATION CONTACT: Ken received, and any final disposition in Navigation (RNAV) and Miscellaneous McElroy, Airspace and Rules Group, person in the Dockets Office (see Amendments. The rule revised and Office of System Operations Airspace ADDRESSES section for address and adopted several definitions in FAA and AIM, Federal Aviation phone number) between 9 a.m. and 5 regulations, including Air Traffic Administration, 800 Independence p.m., Monday through Friday, except Service Routes, to be in concert with Avenue, SW., Washington, DC 20591; Federal holidays. An informal docket International Civil Aviation telephone: (202) 267–8783. may also be examined during normal Organization (ICAO) definitions; and SUPPLEMENTARY INFORMATION: business hours at the office of the reorganized the structure of FAA Comments Invited Alaska Flight Service Operations, regulations concerning the designation Federal Aviation Administration, 222 of Class A, B, C, D, and E airspace areas; Interested parties are invited to West 7th Avenue, Box 14, Anchorage, airways; routes; and reporting points. participate in this proposed rulemaking AK 99513–7587. The purpose of the rule was to facilitate by submitting such written data, views, Persons interested in being placed on the establishment of RNAV routes in the or arguments as they may desire. a mailing list for future NPRMs should NAS for use by aircraft with advanced Comments that provide the factual basis contact the FAA’s Office of Rulemaking, navigation system capabilities. supporting the views and suggestions (202) 267–9677, to request a copy of presented are particularly helpful in Advisory Circular No. 11–2A, Notice of The Proposal developing reasoned regulatory Proposed Rulemaking Distribution The FAA is proposing an amendment decisions on the proposal. Comments System, which describes the application to Title 14 Code of Federal Regulations are specifically invited on the overall procedure. (14 CFR) part 71 to establish fourteen regulatory, aeronautical, economic, high altitude Area Navigation (RNAV) environmental, and energy-related Background routes, and nine low altitude RNAV aspects of the proposal. The FAA is establishing RNAV routes routes, in the State of Alaska. Communications should identify both focusing on developing and Additionally, this action proposes to docket numbers (FAA Docket No. FAA– implementing improvements in revise one high altitude route, fourteen 2008–0926 and Airspace Docket No. 08– navigation structure and operating low altitude routes, and remove four AAL–24) and be submitted in triplicate methods to allow more flexible and existing ‘‘T’’ routes that are no longer to the Docket Management Facility (see efficient en route operations in the required. These routes are being ADDRESSES section for address and National Airspace System. RNAV routes proposed to enhance safety, and to phone number). You may also submit provide greater freedom to properly facilitate the more flexible and efficient comments through the Internet at http:// equipped users and achieves the use of the navigable airspace for en www.regulations.gov. economic benefits of flying user- route instrument flight rules (IFR) Commenters wishing the FAA to selected non-restrictive routings. RNAV operations within the state of Alaska. acknowledge receipt of their comments routes will be identified by the letter This proposal will improve operator on this action must submit with those prefix ‘‘Q’’ for routes flight level (FL) efficiency, access and safety, while comments a self-addressed, stamped 180 and above, and ‘‘T’’ for routes below incrementally reducing dependency on postcard on which the following FL 180 followed by a number consisting ground based navigation facilities. A statement is made: ‘‘Comments to FAA of one to three digits. This specific effort graphical representation of this proposal Docket No. FAA–2008–0926 and focuses on developing and is on the web (downloadable PDF file) Airspace Docket No. 08–AAL–24.’’ The implementing improvements in at: http://www.faa.gov/about/office_org/ postcard will be date/time stamped and navigation structure for more efficient headquarters_offices/ato/service_units/ returned to the commenter. en route operations in the Alaska systemops/fs/alaskan/notices/ All communications received on or airspace environment. To help RNAV_Routes/. These areas would be before the specified closing date for accomplish this goal, the FAA asked for depicted on aeronautical charts for pilot comments will be considered before user feedback to help place routing in reference. The coordinates for this taking action on the proposed rule. The the most efficient manner. As a result, airspace docket are based on North proposal contained in this action may twelve of the charted thirty three American Datum 83. be changed in light of comments Alaskan T routes are proposed to be The High Altitude RNAV Routes are received. All comments submitted will revised. Nine new T routes are proposed published in paragraph 2006, and the be available for examination in the to be established, along with fourteen Low Altitude RNAV Routes are public docket both before and after the new Q routes. Additionally, four T published in paragraph 6011 in FAA closing date for comments. A report routes are proposed to be removed. Order 7400.9S, Airspace Designations summarizing each substantive public Final rules for Area Navigation routes and Reporting Points, signed October 3, contact with FAA personnel concerned will contain a general route outline and 2008, and effective October 31, 2008,

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which is incorporated by reference in 14 Subtitle VII, Aviation Programs, List of Subjects in 14 CFR Part 71 CFR 71.1. The airspace designations describes in more detail the scope of the listed in this document would be agency’s authority. Airspace, Incorporation by reference, published subsequently in the Order. This rulemaking is promulgated Navigation (air). The FAA has determined that this under the authority described in The Proposed Amendment proposed regulation only involves an Subtitle VII, Part A, Subpart I, Section established body of technical 40103. Under that section, the FAA is In consideration of the foregoing, the regulations for which frequent and charged with prescribing regulations to Federal Aviation Administration routine amendments are necessary to assign the use of the airspace necessary proposes to amend 14 CFR part 71 as keep them operationally current. to ensure the safety of aircraft and the follows: Therefore, this proposed regulation: (1) efficient use of airspace. This regulation is within the scope of that authority as PART 71—DESIGNATION OF CLASS A, Is not a ‘‘significant regulatory action’’ it proposes to create Class A and E B, C, D, AND E AIRSPACE AREAS; AIR under Executive Order 12866; (2) is not airspace sufficient in size to contain TRAFFIC SERVICE ROUTES; AND a ‘‘significant rule’’ under Department of aircraft using the described Federal REPORTING POINTS Transportation (DOT) Regulatory Airways within the State of Alaska and Policies and Procedures (44 FR 11034; represents the FAA’s continuing effort 1. The authority citation for part 71 February 26, 1979); and (3) does not to safely and efficiently use the continues to read as follows: warrant preparation of a regulatory navigable airspace. evaluation as the anticipated impact is Authority: 49 U.S.C. 106(g), 40103, 40113, so minimal. Since this is a routine Environmental Review 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. matter that will only affect air traffic The FAA has determined that this procedures and air navigation, it is action qualifies for categorical exclusion § 71.1 [Amended] certified that this proposed rule, when under the National Environmental 2. The incorporation by reference in promulgated, will not have a significant Policy Act in accordance with FAA 14 CFR 71.1 of FAA Order 7400.9S, economic impact on a substantial Order 1050.1E, ‘‘Environmental Airspace Designations and Reporting number of small entities under the Impacts: Policies and Procedures,’’ Points, signed October 3, 2008, and criteria of the Regulatory Flexibility Act. paragraph 311a. This airspace action is effective October 31, 2008, is to be The FAA’s authority to issue rules not expected to cause any potentially amended as follows: regarding aviation safety is found in significant environmental impacts, and Title 49 of the United States Code. no extraordinary circumstances exist Paragraph 2006 United States Area Subtitle I, Section 106 describes the that warrant preparation of an Navigation Routes. authority of the FAA Administrator. environmental assessment. * * * * *

Q–41 CAWIN to SCC [New] CAWIN Fix (Lat. 63°16′51″ N., long. 148°59′18″ W.) SCC VOR/DME (Lat. 70°11′57″ N., long. 148°24′58″ W.) Q–43 ANC to FAI [New] ANC VOR/DME (Lat. 61°09′03″ N., long. 150°12′24″ W.) CAWIN FIX (Lat. 61°16′51″ N., long. 148°59′18″ W.) FAI VORTAC (Lat. 64°48′00″ N., long. 148°00′43″ W.) Q–44 OME to ANC [New] OME VOR/DME (Lat. 64°29′06″ N., long. 165°15′11″ W.) ANC VOR/DME (Lat. 61°09′03″ N., long. 150°12′24″ W.) Q–45 DLG to AMOTT [New] DLG VOR/DME (Lat. 58°59′39″ N., long. 158°33′08″ W.) AMOTT FIX (Lat. 60°53′56″ N., long. 151°21′46″ W.) Q–46 PHO to BRW [New] PHO NDB (Lat. 68°20′41″ N., long. 166°47′51″ W.) BRW VOR/DME (Lat. 71°16′24″ N., long. 156°47′17″ W.) Q–47 AKN to AMOTT [New] AKN VORTAC (Lat. 58°43′29″ N., long. 156°45′08″ W.) AMOTT FIX (Lat. 60°53′56″ N., long. 151°21′46″ W.) Q–48 BRW to ROCES [New] BRW VOR/DME (Lat. 71°16′24″ N., long. 156°47′17″ W.) SCC VOR/DME (Lat. 70°11′57″ N., long. 148°24′58″ W.) ROCES WP (Lat. 70°08′34″ N., long. 144°08′16″ W.) Q–49 ODK to AMOTT [New] ODK VOR/DME (Lat. 57°46′30″ N., long. 152°20′23″ W.) AMOTT FIX (Lat. 60°53′56″ N., long. 151°21′46″ W.) Q–51 AKN to OTZ [New] AKN VORTAC (Lat. 58°43′29″ N., long. 156°45′08″ W.) OTZ VOR/DME (Lat. 66°53′09″ N., long. 162°32′24″ W.) Q–53 ODK to OTZ [New] ODK VOR/DME (Lat. 57°46′30″ N., long. 152°20′23″ W.) ILI NDB/DME (Lat. 59°44′53″ N., long. 154°54′35″ W.)

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OTZ VOR/DME (Lat. 66°53′09″ N., long. 162°32′24″ W.) Q–55 ODK to OME [New] ODK VOR/DME (Lat. 57°46′30″ N., long. 152°20′23″ W.) OME VOR/DME (Lat. 64°29′06″ N., long. 165°15′11″ W.) Q–57 AKN to MCG [New] AKN VORTAC (Lat. 58°43′29″ N., long. 156°45′08″ W.) MCG VORTAC (Lat. 62°57′04″ N., long. 155°36′41″ W.) Q–59 CDB to BET [New] CDB VORTAC (Lat. 55°16′03″ N., long. 162°46′27″ W.) BET VORTAC (Lat. 60°47′05″ N., long. 161°49′28″ W.) Q–61 FAI to BRW [New] FAI VORTAC (Lat. 64°48′00″ N., long. 148°00′43″ W.) BRW VOR/DME (Lat. 71°16′24″ N., long. 156°47′17″ W.)

******* Q–16 ODK to YAK [Revised] ODK VOR/DME (Lat. 57°46′30″ N., long. 152° 20′23″ W.) MDO VOR/DME (Lat. 59°25′19″ N., long. 146° 21′00″ W.) YAK VOR/DME (Lat. 59°30′39″ N., long. 139° 38′53″ W.)

*******

Paragraph 6011 United States Area Navigation Routes.

******* T–269 BET to ANN [New] BET VORTAC (Lat. 60°47′05″ N., long. 161°49′28″ W.) SQA VOR/DME (Lat. 61°05′55″ N., long. 155°38′04″ W.) ANC VOR/DME (Lat. 61°09′03″ N., long. 150°12′24″ W.) JOH VOR/DME (Lat. 60°28′51″ N., long. 146°35′58″ W.) YAK VOR/DME (Lat. 59°30′39″ N., long. 139°38′53″ W.) BKA VORTAC (Lat. 56°51′34″ N., long. 135°33′05″ W.) ANN VOR/DME (Lat. 55°03′37″ N., long. 131°34′42″ W.)

******* T–271 CDB to AMOTT [New] CDB VORTAC (Lat. 55°16′03″ N., long. 162°46′27″ W.) BINAL FIX (Lat. 55°46′00″ N., long. 161°59′56″ W.) AKN VORTAC (Lat. 58°43′29″ N., long. 156°45′08″ W.) AMOTT FIX (Lat. 60°53′56″ N., long. 151°21′46″ W.)

******* T–273 FAI to ROCES [New] FAI VORTAC (Lat. 64°48′00″ N., long. 148°00′43″ W.) ROCES WP (Lat. 70°08′34″ N., long. 144°08′16″ W.)

******* T–275 BET to UNK [New] BET VORTAC (Lat. 60°47′05″ N., long. 161°49′28″ W.) UNK VOR/DME (Lat. 63°53′31″ N., long. 160°41′04″ W.)

******* T–277 BTT to PIZ [New] BTT VOR/DME (Lat. 66°54′18″ N., long. 151°32′09″ W.) PIZ NDB (Lat. 69°44′04″ N., long. 163°44′49″ W.)

******* T–278 HAPIT to SSR [New] HAPIT FIX (Lat. 58°11′58″ N., long. 137°31′12″ W.) SSR VORTAC (Lat. 58°10′40″ N., long. 135°15′32″ W.)

******* T–279 ALEUT to BET [New] ALEUT FIX (Lat. 54°14′17″ N., long. 166°32′52″ W.) BET VORTAC (Lat. 60°47′05″ N., long. 161°49′28″ W.)

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******* T–280 FLIPS to LVD [New] FLIPS FIX (Lat. 56°34′33″ N., long. 134°52′47″ W.) LVD VOR/DME (Lat. 56°28′04″ N., long. 133°04′59″ W.)

******* T–282 VENCE to FAI [New] VENCE FIX (Lat. 64°29′23″ N., long. 158°00′06″ W.) HORSI FIX (Lat. 64°44′05″ N., long. 154°19′15″ W.) ROSII FIX (Lat. 64°57′46″ N., long. 153°14′37″ W.) PERZO WP (Lat. 64°40′23″ N., long. 148°07′20″ W.) FAI VORTAC (Lat. 64°48′00″ N., long. 148°00′43″ W.)

******* T–219 DLG to AIX [Revised] DLG VOR/DME (Lat. 58°59′39″ N., long. 158°33′08″ W.) RUFVY WP (Lat. 59°56′34″ N., long. 161°49′28″ W.) AIX NDB/DME (Lat. 60°23′06″ N., long. 166°12′53″ W.)

******* T–222 BAERE TO FAI [Revised] BAERE WP (Lat. 52°12′12″ N., long. 176°08′09″ W.) SPY NDB/DME (Lat. 57°09′28″ N., long. 170°13′51″ W.) RUFVY WP (Lat. 59°56′34″ N., long. 161°49′28″ W.) BET VORTAC (Lat. 60°47′05″ N., long. 161°49′28″ W.) MCG VORTAC (Lat. 62°57′04″ N., long. 155°36′41″ W.) ENN VORTAC (Lat. 64°35′24″ N., long. 149°04′22″ W.) FAI VORTAC (Lat. 64°48′00″ N., long. 148°00′43″ W.)

******* T–223 EHM to AMOTT [Revised] EHM NDB/DME (Lat. 58°39′24″ N., long. 162°04′17″ W.) DLG VOR/DME (Lat. 58°59′39″ N., long. 158°33′08″ W.) FAGIN FIX (Lat. 59°51′56″ N., long. 155°32′43″ W.) NONDA FIX (Lat. 60°19′16″ N., long. 153°47′58″ W.) BLUGA FIX (Lat. 60°46′22″ N., long. 151°55′07″ W.) AMOTT FIX (Lat. 60°53′56″ N., long. 151°21′46″ W.)

******* T–227 SYA to SCC [Revised] SYA VORTAC (Lat. 52°43′06″ N., long. 174°03′44″ E.) JANNT WP (Lat. 52°04′18″ N., long. 178°15′37″ W.) BAERE WP (Lat. 52°12′12″ N., long. 176°08′09″ W.) ALEUT FIX (Lat. 54°14′17″ N., long. 166°32′52″ W.) MORDI FIX (Lat. 54°52′50″ N., long. 165°03′15″ W.) GENFU FIX (Lat. 55°23′18″ N., long. 163°06′22″ W.) BINAL FIX (Lat. 55°46′00″ N., long. 161°59′56″ W.) PDN NDB/DM (Lat. 56°57′15″ N., long. 158°38′51″ W.) AMOTT FIX (Lat. 60°53′56″ N., long. 151°21′46″ W.) ANC VOR/DME (Lat. 61°09′03″ N., long. 150°12′24″ W.) FAI VORTAC (Lat. 64°48′00″ N., long. 148°00′43″ W.) SCC VOR/DME (Lat. 70°11′57″ N., long. 148°24′58″ W.)

******* T–228 EHM to ROCES [Revised] EHM NDB/DME (Lat. 58°39′24″ N., long. 162°04′17″ W.) RUFVY WP (Lat. 59°56′34″ N., long. 161°49′28″ W.) HPB VOR/DME (Lat. 61°30′52″ N., long. 166°08′04″ W.) OME VOR/DME (Lat. 64°29′06″ N., long. 165°15′11″ W.) HIKAX WP (Lat. 65°36′20″ N., long. 165°44′44″ W.) SHH NDB (Lat. 66°15′29″ N., long. 166°03′09″ W.) ECIPI FIX (Lat. 67°55′48″ N., long. 165°29′58″ W.) BRW VOR/DME (Lat. 71°16′24″ N., long. 156°47′17″ W.) SCC VOR/DME (Lat. 70°11′57″ N., long. 148°24′58″ W.) ROCES WP (Lat. 70°08′34″ N., long. 144°08′16″ W.)

******* T–231 FAI to OTZ [Revised] FAI VORTAC (Lat. 64°48′00″ N., long. 148°00′43″ W.) OTZ VOR/DME (Lat. 66°53′09″ N., long. 162°32′24″ W.)

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******* T–232 BRW to ORT [Revised] BRW VOR/DME (Lat. 71°16′24″ N., long. 156°47′17″ W.) BRONX FIX (Lat. 70°04′02″ N., long. 155°06′35″ W.) BTT VOR/DME (Lat. 66°54′18″ N., long. 151°32′09″ W.) FAI VORTAC (Lat. 64°48′00″ N., long. 148°00′43″ W.) BIG VORTAC (Lat. 64°00′16″ N., long. 145°43′02″ W.) ORT VORTAC (Lat. 62°56′50″ N., long. 141°54′46″ W.)

******* T–240 BTT to SCC [Revised] BTT VOR/DME (Lat. 66°54′18″ N., long. 151°32′09″ W.) NAMRE WP (Lat. 69°06′29″ N., long. 149°34′00″ W.) SCC VOR/DME (Lat. 70°11′57″ N., long. 148°24′58″ W.)

******* T–246 BRW to ANC [Revised] BRW VOR/DME (Lat. 71°16′24″ N., long. 156°47′17″ W.) GAL VORTAC (Lat. 64°44′17″ N., long. 156°46′38″ W.) MCG VORTAC (Lat. 62°57′04″ N., long. 155°36′41″ W.) ANC VOR/DME (Lat. 61°09′03″ N., long. 150°12′24″ W.)

******* T–248 GAM to ENM [Revised] GAM NDB/DME (Lat. 63°46′55″ N., long. 171°44′12″ W.) QAYAQ WP (Lat. 63°52′14″ N., long. 169°59′42″ W.) ENM VOR/DME (Lat. 62°47′05″ N., long. 164°29′15″ W.)

******* T–250 ULL to BET [Revised] ULL VOR/DME (Lat. 63°41′32″ N., long. 170°28′12″ W.) QAYAQ WP (Lat. 63°52′14″ N., long. 169°59′42″ W.) BANAT WP (Lat. 62°12′49″ N., long. 165°40′01″ W.) BET VORTAC (Lat. 60°47′05″ N., long. 161°49′28″ W.)

******* T–252 OME to SCC [Revised] OME VOR/DME (Lat. 64°29′06″ N., long. 165°15′11″ W.) OTZ VOR/DME (Lat. 66°53′09″ N., long. 162°32′24″ W.) SCC VOR/DME (Lat. 70°11′57″ N., long. 148°24′58″ W.)

******* T–260 PHO to OME [Revised] PHO NDB (Lat. 68°20′41″ N., long. 166°47′51″ W.) COGNU WP (Lat. 65°48′29″ N., long. 167°50′06″ W.) TNC NDB/DME (Lat. 65°33′43″ N., long. 167°55′27″ W.) OME VOR/DME (Lat. 64°29′07″ N., long. 165°15′11″ W.)

******* T–239 GAM to ULL [Remove]

******* T–256 GAL to BRW [Remove]

******* T–258 SHH to PHO [Remove]

******* T–268 FPN to ICK [Remove]

*******

VerDate Nov<24>2008 16:08 Feb 11, 2009 Jkt 217001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\12FEP1.SGM 12FEP1 mstockstill on PROD1PC66 with PROPOSALS 7018 Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 / Proposed Rules

Issued in Washington, DC, on January 14, Avenue, SW., Washington, DC 20591; phone number) between 9 a.m. and 2009. telephone: (202) 267–8783. 5 p.m., Monday through Friday, except Edith V. Parish, SUPPLEMENTARY INFORMATION: Federal holidays. An informal docket Manager, Airspace and Rules Group. may also be examined during normal Comments Invited [FR Doc. E9–2976 Filed 2–11–09; 8:45 am] business hours at the office of the BILLING CODE 4910–13–P Interested parties are invited to Operations Support Group, Eastern participate in this proposed rulemaking Service Center, Federal Aviation by submitting such written data, views, Administration, 1701 Columbia Ave., DEPARTMENT OF TRANSPORTATION or arguments as they may desire. College Park, GA 30337. Comments that provide the factual basis Persons interested in being placed on Federal Aviation Administration supporting the views and suggestions a mailing list for future NPRMs should presented are particularly helpful in contact the FAA’s Office of Rulemaking, 14 CFR Part 73 developing reasoned regulatory (202) 267–9677, for a copy of Advisory decisions on the proposal. Comments [Docket No. FAA–2008–1261; Airspace Circular No. 11–2A, Notice of Proposed Docket No. 06–ASO–18] are specifically invited on the overall Rulemaking Distribution System, which regulatory, aeronautical, economic, describes the application procedure. Proposed Amendment and environmental, and energy-related Establishment of Restricted Areas and aspects of the proposal. Comments are History Other Special Use Airspace, Avon Park also invited on the nonregulatory MOA The special use airspace at the Avon Air Force Range; FL portion of this proposal. Park Air Force Range includes restricted Communications should identify both areas and MOAs. The restricted areas AGENCY: Federal Aviation docket numbers (FAA Docket No. FAA– support a variety of hazardous activities Administration (FAA), DOT. 2008–1261 and Airspace Docket No. 06– including both ground-based and air- ACTION: Notice of proposed rulemaking ASO–18) and be submitted in triplicate delivered weapons employment. (NPRM). to the Docket Management System (see Restricted areas are regulatory airspace ADDRESSES section for address and areas that are designated under Title 14, SUMMARY: This action proposes to phone number). You may also submit Code of Federal Regulations (14 CFR) restructure the special use airspace comments through the Internet at part 73 rulemaking procedures. (SUA), consisting of restricted areas and http://www.regulations.gov. Restricted areas are designated to military operations areas (MOA), at the Commenters wishing the FAA to contain activities that may present a Avon Park Air Force Range (APAFR), acknowledge receipt of their comments hazard to aircraft. No person may Florida. The proposed changes would on this action must submit with those operate an aircraft within a restricted provide additional restricted airspace comments a self-addressed, stamped area without the advance permission of needed for training in high altitude postcard on which the following the using or controlling agency. weapons releases and other hazardous statement is made: ‘‘Comments to FAA activities, and would reconfigure the Docket No. FAA–2008–1261 and The APAFR MOAs are used primarily MOAs to contain nonhazardous flight Airspace Docket No. 06–ASO–18.’’ The as holding and maneuvering areas for operations. The changes would permit postcard will be date/time stamped and aircraft operating in the restricted areas. more realistic training in modern tactics returned to the commenter. MOAs are nonregulatory airspace areas to be conducted at the Range and enable All communications received on or that are established administratively more efficient use of the National before the specified closing date for and published in the National Flight Airspace System. comments will be considered before Data Digest (NFDD). MOAs are taking action on the proposed rule. The established to separate or segregate non- DATES: Comments must be received on hazardous military flight activities from or before March 30, 2009. proposal contained in this action may be changed in light of comments aircraft operating in accordance with ADDRESSES: Send comments on this received. All comments submitted will instrument flight rules (IFR), and to proposal to the U.S. Department of be available for examination in the advise pilots flying under visual flight Transportation, Docket Operations, M– public docket both before and after the rules (VFR) where these activities are 30, 1200 New Jersey Avenue, SE., West closing date for comments. A report conducted. IFR aircraft may be routed Building Ground Floor, Room W12–140, summarizing each substantive public through an active MOA only when air Washington, DC 20590–0001; telephone: contact with FAA personnel concerned traffic control can provide approved (202) 366–9826. You must identify FAA with this rulemaking will be filed in the separation from the MOA activity. VFR Docket No. FAA–2008–1261 and docket. pilots are not restricted from flying in an Airspace Docket No. 06–ASO–18, at the active MOA, but are advised to exercise beginning of your comments. You may Availability of NPRMs caution while doing so. Normally, MOA also submit comments through the An electronic copy of this document proposals are not published in a NPRM Internet at http://www.regulations.gov. may be downloaded through the but, instead, are advertised for public Comments on environmental and land Internet at http://www.regulations.gov. comment through a nonrule circular use aspects should be directed to: 23rd Recently published rulemaking distributed by the FAA Service Center Wing, Det 1, OLA/CEVN, Avon Park Air documents can also be accessed through office to aviation interests in the Force Range Natural Resources Office, the FAA’s Web page at http:// affected area. When a nonrulemaking 29 South Blvd., Avon Park AFR FL www.faa.gov/airports_airtraffic/ action is an integral part of a rulemaking 33825–9381 (Mr. Tod Zechiel; air_traffic/publications/ action, FAA procedures allow for the telephone: (863) 452–4119, ext. 328). airspace_amendments/. nonrulemaking proposal to be included FOR FURTHER INFORMATION CONTACT: Paul You may review the public docket in the NPRM. Because the MOAs are an Gallant, Airspace and Rules Group, containing the proposal, any comments integral part of the Avon Park Range, the Office of System Operations Airspace received and any final disposition in proposed changes are being described in and AIM, Federal Aviation person at the Dockets Office (see this NPRM. Comments on the proposed Administration, 800 Independence ADDRESSES section for address and MOA changes may also be submitted as

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indicated above in the ‘‘Comments three parts: Lake Placid North, Lake Avon East High MOA, FL [New] Invited’’ section of this NPRM. Placid West and Lake Placid East. The Boundaries. Beginning at lat. 27°44′46″ N., The U.S. Air Force requested purpose of subdividing the Lake Placid long. 81°11′39″ W.; to lat. 27°44′46″ N., long. modifications to the APAFR airspace to MOA is to enable the release to the 81°08′29″ W.; to lat. 27°34′01″ N., long. ° ′ ″ ° ′ ″ better support essential training Miami ARTCC of those subdivisions 81 04 29 W.; to lat. 27 32 31 N., long. 81°07′29″ W.; to lat. 27°35′01″ N., long. requirements. Driving the request are that are not in use, thus allowing more ° ′ ″ the technological advances that have 81 08 59 W.; to the point of beginning. efficient traffic flows for Altitudes. 14,000 feet to but not including been made in aircraft targeting systems. nonparticipating aircraft. The FL 180. These advances allow accurate weapons subdivisions will also facilitate Times of use. Intermittent, normally delivery from higher altitudes and coordination between the user and daylight hours, Monday–Friday; other times greater distances from the target Miami ARTCC. Additionally, the by NOTAM. resulting in the requirement for boundary along the east side of the new Controlling agency. FAA, Miami ARTCC. additional restricted airspace at the Lake Placid North and West MOAs Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1, MacDill AFB, FL. APAFR. The proposed restricted would be realigned to eliminate sections airspace, if approved, would of the MOA that overlap into restricted Basinger MOA, FL [Amended] accommodate realistic training in airspace. The times of use for the By removing the current times of use and targeting pod employment, lights-out reconfigured Lake Placid MOAs would using agency and substituting the following: night vision goggles training, laser include a provision to allow for Times of use. Intermittent, normally operations and high/ultra-high altitude activation of the airspace at ‘‘other times daylight hours, Monday–Friday; occasionally weapons release. by NOTAM.’’ The published altitudes Saturday and Sunday; other times by NOTAM. Currently the APAFR supports for the Lake Placid MOAs would remain training in low to medium altitude Using agency. U.S. Air Force, Commander, 7,000 feet mean sea level (MSL) to but 23rd Wing, Det 1, MacDill AFB, FL. tactics well, but the existing Ranges’ not including FL 180. restricted area ceiling of flight level (FL) Lake Placid North MOA, FL [New] The existing Avon North and Avon 180 is inadequate for training at high Boundaries. Beginning at lat. 27°53′31″ N., and ultra-high altitudes. The APAFR’s South MOAs, which both extend long. 81°51′59″ W.; to lat. 28°00′01″ N., long. airspace vertical structure has not kept upward from 5,000 feet MSL to but not 81°20′59″ W.; to lat. 27°55′01″ N., long. pace with the requirements of modern including FL 180, would be cancelled 81°25′19″ W.; to lat. 27°42′49″ N., long. combat tactics and today’s significantly and the airspace converted into 81°36′16″ W.; to lat. 27°35′44″ N., long. ° ′ ″ increased fighter and bomber aircraft Restricted Areas R–2901M and R– 81 42 14 W.; to the point of beginning. capabilities. In general, combat pilots 2901N, respectively. A new MOA, Altitudes. 7,000 feet MSL to but not including FL 180. require higher altitudes and greater designated Avon East High, would be established directly above the existing Times of use. Intermittent, normally stand-off distances from the target in daylight hours, Monday–Friday; occasionally order to reduce their exposure to enemy Avon East MOA. The Avon East MOA on Saturday and Sunday; other times by ground threats. The proposed changes currently extends from 500 feet above NOTAM. would permit training in various tactics ground level (AGL) up to but not Controlling agency. FAA, Miami ARTCC. that are currently being used in combat. including 14,000 feet MSL. The Avon Using agency. U.S. Air Force, Commander, All airspace changes proposed would East High MOA would create new MOA 23rd Wing, Det 1, MacDill AFB, FL. be contained within the existing outer airspace that extends above the Avon Lake Placid West MOA, FL [New] East MOA from 14,000 feet MSL to but lateral boundary of the APAFR Boundaries. Beginning at lat. 27°35′44″ N., restricted and MOA airspace. The not including FL 180. long. 81°42′14″ W.; to lat. 27°42′49″ N., long. vertical limits of the airspace would be The times of use for the Basinger and 81°36′16″ W.; to lat. 27°21′30″ N., long. expanded upward to higher altitudes Marian MOAs would be changed to add 81°28′00″ W.; to lat. 27°04′01″ N., long. than are currently published. 81°16′59″ W.; to lat. 27°04′01″ N., long. a provision to allow for activation of the ° ′ ″ Additionally, the existing altitude floors airspace at ‘‘other times by NOTAM.’’ 81 24 59 W.; to the point of beginning. Altitudes. 7,000 feet MSL to but not would remain unchanged. This change would align the Basinger The APAFR is now, and will continue including FL 180. and Marian MOA times of use with the Times of use. Intermittent, normally to be, designated as ‘‘joint-use’’ airspace. other APAFR airspace areas. daylight hours, Monday–Friday; occasionally This means that, during periods when A minor change to the altitudes of on Saturday and Sunday; other times by the area, or parts of the area, are not NOTAM. needed by the using agency for its some MOAs would be made by inserting the words ‘‘to but not including’’ before Controlling agency. FAA, Miami ARTCC. designated purposes, the airspace will Using agency. U.S. Air Force, Commander, be returned to the controlling agency for the upper altitude limit (ceiling) of the 23rd Wing, Det 1, MacDill AFB, FL. areas. This change will prevent altitude access by other National Airspace Lake Placid East MOA, FL [New] System users. The Miami Air Route conflict with overlying MOA airspace areas. Boundaries. Beginning at lat. 27°42′49″ N., Traffic Control Center (ARTCC) is the long. 81°36′16″ W.; to lat. 27°55′01″ N., long. controlling agency for the APAFR Finally, the name of the using agency 81°25′19″ W.; to lat. 27°42′01″ N., long. airspace area. for all APAFR MOAs would be changed 81°25′19″ W.; to lat. 27°32′33″ N., long. to read ‘‘U.S. Air Force, Commander, 81°21′39″ W.; to lat. 27°30′46″ N., long. Proposed MOA Changes 23rd Wing, Det 1, MacDill AFB, FL,’’ to 81°17′49″ W.; to lat. 27°24′46″ N., long. The FAA is proposing changes that reflect the current organizational title. 81°10′59″ W.; to lat. 27°15′01″ N., long. would subdivide the Lake Placid MOA, The proposed MOA changes are as 81°04′59″ W.; to lat. 27°04′01″ N., long. cancel the Avon North and South 81°16′59″ W.; to lat. 27°21′30″ N., long. follows: ° ′ ″ MOAs, establish the Avon East High 81 28 00 W.; to the point of beginning. MOA, amend some MOA times of use, Avon East MOA, FL [Amended] Altitudes. 7,000 feet MSL to but not including FL 180. amend some MOA altitude ceilings, and By removing the current using agency and Times of use. Intermittent, normally change the name of the using agency for substituting the following: daylight hours, Monday–Friday; occasionally all APAFR MOAs. Specifically, the Lake Using agency. U.S. Air Force, Commander, on Saturday and Sunday; other times by Placid MOA would be subdivided into 23rd Wing, Det 1, MacDill AFB, FL. NOTAM.

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Controlling agency. FAA, Miami ARTCC. that this proposed rule, when promulgated, 81°25′19″ W.; to lat. 27°55′01″ N., long. Using agency. U.S. Air Force, Commander, will not have a significant economic impact 81°25′19″ W.; to the point of beginning. 23rd Wing, Det 1, MacDill AFB, FL on a substantial number of small entities Designated altitudes. 14,000 feet MSL to under the criteria of the Regulatory but not including FL 180. Marian MOA, FL [Amended] Flexibility Act. Time of designation. Intermittent, 0600– By removing the times of use and current The FAA’s authority to issue rules 2400, Monday–Friday; 0800–1800, Saturday– using agency and substituting the following: regarding aviation safety is found in Title 49 Sunday; other times by NOTAM 6 hours in Times of use. Intermittent, normally of the United States Code. Subtitle I, Section advance. daylight hours, Monday–Friday; occasionally 106 describes the authority of the FAA Controlling agency. FAA, Miami ARTCC. Saturday and Sunday; other times by Administrator. Subtitle VII, Aviation Using agency. U.S. Air Force, Commander, NOTAM. Programs, describes in more detail the scope 23rd Wing, Det 1, MacDill AFB, FL. Using agency. U.S. Air Force, Commander, of the agency’s authority. * * * * * 23rd Wing, Det 1, MacDill AFB, FL This rulemaking is promulgated under the authority described in SubtitileVII, Part A, R–2901C Avon Park, FL [Amended] Restricted Area Proposal Subpart I, Section 40103. Under that section, By removing the current designated The FAA is proposing an amendment to 14 the FAA is charged with prescribing altitudes and using agency and substituting CFR part 73 to expand the restricted airspace regulations to assign the use of the airspace the following: at the APAFR to permit training in real-world necessary to ensure the safety of aircraft and Designated altitudes. Surface to but not tactics during combat. The current ceiling of the efficient use of airspace. This regulation including 14,000 feet MSL. restricted airspace at the APAFR is FL 180, is within the scope of that authority as it will Using agency. U.S. Air Force, Commander, thus limiting training in various high-altitude restructure the SUA at the APAFR, Florida. 23rd Wing, Det 1, MacDill AFB, FL. offensive tactics that are essential for combat readiness. This proposal would add new Environmental Review * * * * * restricted area subdivisions to raise the This proposal will be subjected to an R–2901D Avon Park, FL [Amended] ceiling of restricted airspace at the Range to environmental analysis in accordance with a maximum of FL 400. The current restricted FAA Order 1050.1E, ‘‘Environmental By removing the current designated area floors would remain unchanged. As Impacts: Policies and Procedures,’’ prior to altitudes and using agency and substituting discussed above, the Avon North and Avon any FAA final regulatory action. the following: South MOAs would be cancelled and the Designated altitudes. 500 feet MSL to but List of Subjects in 14 CFR Part 73 not including 4,000 feet MSL east of long. airspace converted to Restricted Areas ° ′ ″ R–2901M and R–2901N, respectively. This Airspace, Prohibited areas, Restricted 81 21 00 W.; 1,000 feet AGL to but not including 4,000 feet MSL west of long. would add restricted airspace up to but not areas. ° ′ ″ including 14,000 feet MSL in those areas. 81 21 00 W. The lateral boundaries of R–2901B would be The Proposed Amendment Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1, MacDill AFB, FL. expanded so that the area overlies all APAFR In consideration of the foregoing, the restricted airspace. In addition, the ceiling of * * * * * R–2901B would be changed to read ‘‘to but Federal Aviation Administration not including FL 180.’’ In order to provide proposes to amend 14 CFR part 73 as R–2901E Avon Park, FL [Amended] the higher restricted area airspace needed for follows: By removing the current designated training; three new restricted areas altitudes and using agency and substituting (R–2901J, R–2901K and R–2901L) would be PART 73—SPECIAL USE AIRSPACE the following: designated above R–2901B. R–2901J would Designated altitudes. 1,000 feet MSL to but directly overlie R–2901B and would extend 1. The authority citation for part 73 not including 4,000 feet MSL. from FL 180 up to but not including FL 230. continues to read as follows: Using agency. U.S. Air Force, Commander, R–2901K would overlie R–2901J and would 23rd Wing, Det 1, MacDill AFB, FL. Authority: 49 U.S.C. 106(g), 40103, 40113, extend from FL 230 up to but not including * * * * * FL 310. R–2901L would overlie R–2901K and 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– would extend from FL 310 up to and 1963 Comp., p. 389. R–2901F Avon Park, FL [Amended] including FL 400. This structure of restricted By removing the current designated area subdivisions would allow the airspace to § 73.29 (Amended) altitudes and substituting the following: be activated in segments, as needed, up to FL 2. § 73.29 is amended as follows: Designated altitudes. 4,000 feet MSL to but 400. In addition, restricted area segments not including 5,000 feet MSL. when not required for the mission would be * * * * * Using agency. U.S. Air Force, Commander, released to Miami ARTCC for access by R–2901A Avon Park, FL [Amended] 23rd Wing, Det 1, MacDill AFB, FL. nonparticipating aircraft. Finally, the name of the using agency for By removing the current designated * * * * * all APAFR restricted areas would be changed altitudes and using agency and substituting R–2901G Avon Park, FL [Amended] the following: to read ‘‘U.S. Air Force, Commander, 23rd By removing the current designated Wing, Det 1, MacDill AFB, FL,’’ to reflect the Designated altitudes. Surface to but not including 14,000 feet MSL. altitudes and using agency and substituting current organizational title. the following: The FAA has determined that this Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1, MacDill AFB, FL. Designated altitudes. Surface to but not proposed regulation only involves an including 5,000 feet MSL. established body of technical regulations for * * * * * Using agency. U.S. Air Force, Commander, which frequent and routine amendments are 23rd Wing, Det 1, MacDill AFB, FL. necessary to keep them operationally current. R–2901B Avon Park, FL [Revised] Therefore, this proposed regulation: (1) Is not Boundaries. Beginning at lat. 28°00′01″ N., * * * * * ° ′ ″ ° ′ ″ a ‘‘significant regulatory action’’ under long. 81 20 59 W.; to lat. 28 00 01 N., long. R–2901H Avon Park, FL [Amended] Executive Order 12866; (2) is not a 81°13′59″ W.; to lat. 27°44′46″ N., long. ‘‘significant rule’’ under Department of 81°13′59″ W.; to lat. 27°44′46″ N., long. By removing the current designated Transportation (DOT) Regulatory Policies 81°11′39″ W.; to lat. 27°35′01″ N., long. altitudes and using agency and substituting and Procedures (44 FR 11034; February 26, 81°08′59″ W.; to lat. 27°21′01″ N., long. the following: 1979); and (3) does not warrant preparation 80°59′59″ W.; to lat. 27°16′46″ N., long. Designated altitudes. 1,000 feet MSL to but of a regulatory evaluation as the anticipated 81°05′59″ W.; to lat. 27°24′46″ N., long. not including 4,000 feet MSL. impact is so minimal. Since this is a routine 81°10′59″ W.; to lat. 27°30′46″ N., long. Using agency. U.S. Air Force, Commander, matter that will only affect air traffic 81°17′49″ W.; to lat. 27°32′33″ N., long. 23rd Wing, Det 1, MacDill AFB, FL. procedures and air navigation, it is certified 81°21′39″ W.; to lat. 27°42′01″ N., long. * * * * *

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R–2901I Avon Park, FL [Amended] Time of designation. Intermittent, 0600– SUMMARY: The Consumer Product Safety By removing the current designated 2400, Monday–Friday; 0800–1800, Saturday– Commission (CPSC or Commission) is altitudes and using agency and substituting Sunday; other times by NOTAM 6 hours in withdrawing the proposed rule the following: advance. Controlling agency. FAA, Miami ARTCC. published in the Federal Register on Designated altitudes. 1,500 feet MSL to but January 15, 2009, 74 FR 2435, not including 4,000 feet MSL Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1, MacDill AFB, FL. concerning certain children’s electronic Using agency. U.S. Air Force, Commander, devices for which it is not 23rd Wing, Det 1, MacDill AFB, FL. * * * * * technologically feasible to meet the lead * * * * * R–2901M Avon Park, FL [New] limits as required under section 101 of R–2901J Avon Park, FL [New] Boundaries. Beginning at lat. 28°00′01″ N., the Consumer Product Safety ° ′ ″ ° ′ ″ Boundaries. Beginning at lat. 28°00′01″ N., long. 81 20 59 W.; to lat. 28 00 01 N., long. Improvement Act of 2008 (CPSIA), ° ′ ″ ° ′ ″ 81°13′59″ W.; to lat. 27°48′31″ N., long. long. 81 20 59 W.; to lat. 28 00 01 N., long. ° ′ ″ Public Law 110–314, 122 Stat. 3016. 81°13′59″ W.; to lat. 27°44′46″ N., long. 81 13 59 W.; thence west along Florida State The Commission is issuing an interim Routes 60 and 630 to lat. 27°46′01″ N., long. 81°13′59″ W.; to lat. 27°44′46″ N., long. final rule on exemptions for certain ° ′ ″ ° ′ ″ 81°25′19″ W.; to lat. 27°55′01″ N., long. 81 11 39 W.; to lat. 27 35 01 N., long. ° ′ ″ children’s electronic devices which is 81°08′59″ W.; to lat. 27°21′01″ N., long. 81 25 19 W.; to the point of beginning. ° ′ ″ ° ′ ″ Designated altitudes. 4,000 feet MSL to but published elsewhere in today’s Federal 80 59 59 W.; to lat. 27 16 46 N., long. Register. 81°05′59″ W.; to lat. 27°24′46″ N., long. not including 14,000 feet MSL. 81°10′59″ W.; to lat. 27°30′46″ N., long. Time of designation. Intermittent, 0600– DATES: As of February 10, 2009, the 81°17′49″ W.; to lat. 27°32′33″ N., long. 2400, Monday–Friday; 0800–1800, Saturday- CPSC withdraws the proposed rule on 81°21′39″ W.; to lat. 27°42′01″ N., long. Sunday; other times by NOTAM 6 hours in advance. exemptions for certain electronic 81°25′19″ W.; to lat. 27°55′01″ N., long. devices published on January 15, 2009, 81°25′19″ W.; to the point of beginning. Controlling agency. FAA, Miami ARTCC. Using agency. U.S. Air Force, Commander, at 74 FR 2435. Designated altitudes. FL 180 to but not 23rd Wing, Det 1, MacDill AFB, FL. including FL 230. FOR FURTHER INFORMATION CONTACT: Time of designation. Intermittent, 0600– * * * * * Kristina Hatlelid, PhD, M.P.H., Directorate for Health Sciences, 2400, Monday–Friday; 0800–1800, Saturday– R–2901N Avon Park, FL [New] Sunday; other times by NOTAM 6 hours in Consumer Product Safety Commission, ° ′ ″ advance. Boundaries. Beginning at lat. 27 32 33 N., ° ′ ″ ° ′ ″ 4330 East West Highway, Bethesda, Controlling agency. FAA, Miami ARTCC. long. 81 21 39 W.; to lat. 27 32 37 N., long. ° ′ ″ ° ′ ″ Maryland 20814; telephone (301) 504– Using agency. U.S. Air Force, Commander, 81 16 46 W.; to lat. 27 29 01 N., long. ° ′ ″ ° ′ ″ 7254, e-mail [email protected]. 23rd Wing, Det 1, MacDill AFB, FL. 81 13 29 W.; to lat. 27 32 31 N., long. 81°07′29″ W.; to lat. 27°29′31″ N., long. Dated: February 9, 2009. * * * * * 81°05′29″ W.; to lat. 27°21′01″ N., long. ° ′ ″ ° ′ ″ Todd A. Stevenson, R–2901K Avon Park, FL [New] 80 59 59 W.; to lat. 27 16 46 N., long. 81°05′59″ W.; to lat. 27°24′46″ N., long. Secretary, Consumer Product Safety Boundaries. Beginning at lat. 28°00′01″ N., ° ′ ″ ° ′ ″ Commission. ° ′ ″ ° ′ ″ 81 10 59 W.; to lat. 27 30 46 N., long. long. 81 20 59 W.; to lat. 28 00 01 N., long. 81°17′49″ W.; to the point of beginning. [FR Doc. E9–3024 Filed 2–11–09; 8:45 am] 81°13′59″ W.; to lat. 27°44′46″ N., long. ° ′ ″ ° ′ ″ Designated altitudes. 5,000 feet MSL to but BILLING CODE 6335–01–P 81 13 59 W.; to lat. 27 44 46 N., long. not including 14,000 feet MSL north of a line 81°11′39″ W.; to lat. 27°35′01″ N., long. ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ from lat. 27 24 46 N., long. 81 10 59 W. to 81 08 59 W.; to lat. 27 21 01 N., long. lat. 27°29′31″ N., long. 81°05′29″ W. 4,000 80°59′59″ W.; to lat. 27°16′46″ N., long. DEPARTMENT OF THE TREASURY ° ′ ″ ° ′ ″ feet MSL to but not including 14,000 feet 81 05 59 W.; to lat. 27 24 46 N., long. MSL south of that line. 81°10′59″ W.; to lat. 27°30′46″ N., long. Internal Revenue Service ° ′ ″ ° ′ ″ Time of designation. Intermittent, 0600– 81 17 49 W.; to lat. 27 32 33 N., long. 2400, Monday–Friday; 0800–1800, Saturday– ° ′ ″ ° ′ ″ 81 21 39 W.; to lat. 27 42 01 N., long. Sunday; other times by NOTAM 6 hours in 26 CFR Part 1 ° ′ ″ ° ′ ″ 81 25 19 W.; to lat. 27 55 01 N., long. advance. ° ′ ″ [REG–107318–08] 81 25 19 W.; to the point of beginning. Controlling agency. FAA, Miami ARTCC. Designated altitudes. FL 230 to but not Using agency. U.S. Air Force, Commander, RIN 1545–BH75 including FL 310. 23rd Wing, Det 1, MacDill AFB, FL. Time of designation. Intermittent, 0600– * * * * * Notice to Participants of 2400, Monday–Friday; 0800–1800, Saturday– Consequences of Failing To Defer Sunday; other times by NOTAM 6 hours in Issued in Washington, DC, on January 16, advance. 2009. Receipt of Qualified Retirement Plan Distributions; Expansion of Applicable Controlling agency. FAA, Miami ARTCC. Edith V. Parish, Election Period and Period for Notices; Using agency. U.S. Air Force, Commander, Manager, Airspace and Rules Group. 23rd Wing, Det 1, MacDill AFB, FL. Hearing Cancellation [FR Doc. E9–2980 Filed 2–11–09; 8:45 am] * * * * * BILLING CODE 4910–13–P AGENCY: Internal Revenue Service (IRS), R–2901L Avon Park, FL [New] Treasury. Boundaries. Beginning at lat. 28°00′01″ N., ACTION: Cancellation of notice of public long. 81°20′59″ W.; to lat. 28°00′01″ N., long. CONSUMER PRODUCT SAFETY hearing on proposed rulemaking. 81°13′59″ W.; to lat. 27°44′46″ N., long. COMMISSION 81°13′59″ W.; to lat. 27°44′46″ N., long. SUMMARY: This document cancels a 81°11′39″ W.; to lat. 27°35′01″ N., long. 16 CFR Part 1500 public hearing on proposed rulemaking 81°08′59″ W.; to lat. 27°21′01″ N., long. that would provide that the notice ° ′ ″ ° ′ ″ 80 59 59 W.; to lat. 27 16 46 N., long. Children’s Products Containing Lead; required under section 411(a)(11) to be 81°05′59″ W.; to lat. 27°24′46″ N., long. Exemptions for Certain Electronic ° ′ ″ ° ′ ″ provided to a participant of his or her 81 10 59 W.; to lat. 27 30 46 N., long. Devices; Withdrawal of Proposed Rule 81°17′49″ W.; to lat. 27°32′33″ N., long. right, if any, to defer receipt of an 81°21′39″ W.; to lat. 27°42′01″ N., long. AGENCY: Consumer Product Safety immediately distributable benefit must 81°25′19″ W.; to lat. 27°55′01″ N., long. Commission. also describe the consequences of failing ° ′ ″ to defer receipt of the distribution. The 81 25 19 W.; to the point of beginning. ACTION: Withdrawal of proposed rule. Designated altitudes. FL 310 to FL 400. proposed rulemaking would also

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provide that the applicable election DEPARTMENT OF HOMELAND rule, call LCDR Emily Saddler, period for waiving the qualified joint SECURITY Thirteenth Coast Guard District, and survivor annuity form of benefit Prevention Division, Inspections and under section 417 is the 180-day period Coast Guard Investigations Branch, telephone 206– ending on the annuity starting date, and 220–7210. If you have questions on that a notice required to be provided 33 CFR Part 165 viewing or submitting material to the under section 402(f), section 411(a)(11), [Docket No. USCG–2008–1017] docket, call Renee V. Wright, Program or section 417 may be provided to a Manager, Docket Operations, telephone RIN 1625–AA11 participant as much as 180 days before 202–366–9826. SUPPLEMENTARY INFORMATION: the annuity starting date (or, for a notice Regulated Navigation Areas; Bars under section 402(f), the distribution Along the Coasts of Oregon and Public Participation and Request for date). These regulations would affect Washington Comments administrators of, employers AGENCY: Coast Guard, DHS. We encourage you to participate in maintaining, participants in, and ACTION: Notice of proposed rulemaking. this rulemaking by submitting beneficiaries of tax-favored retirement comments and related materials. All plans. SUMMARY: The Coast Guard proposes to comments received will be posted, establish Regulated Navigation Areas without change, to http:// DATES: The public hearing, originally (RNA) covering specific bars along the www.regulations.gov and will include scheduled for Friday, February 20, 2009, coasts of Oregon and Washington that any personal information you have at 10 a.m. is cancelled. will include procedures for restricting provided. FOR FURTHER INFORMATION CONTACT: and/or closing those bars as well as Submitting Comments Funmi Taylor of the Publications and additional safety requirements for Regulations Branch, Legal Processing recreational and small commercial If you submit a comment, please include the docket number for this Division, Associate Chief Counsel vessels operating in the RNAs. The RNAs are necessary to help ensure the rulemaking (USCG–2008–1017), (Procedure and Administration) at (202) indicate the specific section of this 622–7180 (not a toll-free number). safety of the persons and vessels operating in those hazardous bar areas. document to which each comment SUPPLEMENTARY INFORMATION: A notice The RNAs will do so by establishing applies, and provide a reason for each of proposed rulemaking and a notice of clear procedures for restricting and/or suggestion or recommendation. You public hearing that appeared in the closing the bars and mandating may submit your comments and Federal Register on Thursday, October additional safety requirements for material online, or by fax, mail or hand 9, 2008 (73 FR 59575) announced that recreational and small commercial delivery, but please use only one of a public hearing was scheduled for vessels operating in the RNAs when these means. We recommend that you February 20, 2009, at 10 a.m. in the IRS certain conditions exist. include your name and a mailing address, an e-mail address, or a Auditorium, Internal Revenue Building, DATES: Comments and related material telephone number in the body of your 1111 Constitution Avenue, NW., must either be submitted to our online document so that we can contact you if Washington, DC. The subject of the docket via http://www.regulations.gov we have questions regarding your on or before March 16, 2009 or reach the public hearing is under sections 402(f), submission. 411(a)(11), and 417 of the Internal Docket Management Facility by that To submit your comment online, go to Revenue Code. date. http://www.regulations.gov, select the The public comment period for the ADDRESSES: You may submit comments Advanced Docket Search option on the proposed rulemaking expired on identified by docket number USCG– right side of the screen, insert ‘‘USCG– January 7, 2008. The notice of proposed 2008–1017 using any one of the 2008–1017’’ in the Docket ID box, press rulemaking and notice of public hearing following methods: Enter, and then click on the balloon instructed those interested in testifying (1) Federal eRulemaking Portal: shape in the Actions column. If you at the public hearing to submit an http://www.regulations.gov. submit your comments by mail or hand (2) Fax: 202–493–2251. delivery, submit them in an unbound outline of the topics to be addressed. As (3) Mail: Docket Management Facility format, no larger than 81⁄2 by 11 inches, of Wednesday, February 4, 2009, no one (M–30), U.S. Department of has requested to speak. Therefore, the suitable for copying and electronic Transportation, West Building Ground filing. If you submit them by mail and public hearing scheduled for February Floor, Room W12–140, 1200 New Jersey 20, 2009, is cancelled. would like to know that they reached Avenue, SE., Washington, DC 20590– the Facility, please enclose a stamped, LaNita VanDyke, 0001. self-addressed postcard or envelope. We (4) Hand Delivery: Same as mail Chief, Publications and Regulations Branch, will consider all comments and material address above, between 9 a.m. and 5 received during the comment period Legal Processing Division, Associate Chief p.m., Monday through Friday, except Counsel, (Procedure and Administration). and may change the rule based on your Federal holidays. The telephone number comments. [FR Doc. E9–3066 Filed 2–11–09; 8:45 am] is 202–366–9329. BILLING CODE 4830–01–P To avoid duplication, please use only Viewing Comments and Documents one of these methods. For instructions To view comments, as well as on submitting comments, see the documents mentioned in this preamble ‘‘Public Participation and Request for as being available in the docket, go to Comments’’ portion of the http://www.regulations.gov, select the SUPPLEMENTARY INFORMATION section Advanced Docket Search option on the below. right side of the screen, insert USCG– FOR FURTHER INFORMATION CONTACT: If 2008–1017 in the Docket ID box, press you have questions on this proposed Enter, and then click on the item in the

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Docket ID column. You may also visit in the vicinity of various bars, resulting Executive Order 12866, Regulatory either the Docket Management Facility in the deaths of 10 people. Planning and Review, and does not in Room W12–140 on the ground floor As evidenced in part by the tragedies require an assessment of potential costs of the Department of Transportation noted above, the current regulations and benefits under section 6(a)(3) of that West Building, 1200 New Jersey governing maritime traffic operating on Order. The Office of Management and Avenue, SE., Washington, DC 20590, and in the vicinity of the bars along the Budget has not reviewed it under that between 9 a.m. and 5 p.m., Monday coasts of Oregon and Washington are Order. The Coast Guard expects the through Friday, except Federal holidays; insufficient to ensure the safety of the economic impact of this proposed rule or the Thirteenth Coast Guard District, persons and vessels operating in those to be negligible in part because: (1) The Prevention Division, Inspections and areas. Additionally, multiple Coast rule does not require the purchase of Investigations Branch in Room 3506 on Guard and National Transportation equipment not already required to be on the 35th floor of the Jackson Federal Safety Board (NTSB) casualty board the vessels affected. (2) The rule Building, 915 Second Avenue, Seattle, investigations have indicated a need for changes only the procedures for WA 98174, between 8 a.m. and 3 p.m., additional regulations to mitigate the restricting and/or closing the bars, not Monday through Friday, except Federal risks associated with the bars and the standards for determining when a holidays. We have an agreement with enhance the safety of the persons and restriction and/or closure will take the Department of Transportation to use vessels operating on and in the vicinity place. (3) The restriction and/or closure the Docket Management Facility. of them. As such, the Thirteenth Coast of the bars is temporary and will only Guard District is proposing this rule to occur when necessary due to severe Privacy Act help ensure the safety of persons and weather. (4) The maritime public will be Anyone can search the electronic vessels operating on or in the vicinity of advised of bar restrictions and/or form of comments received into any of the bars. closures via Broadcast Notice to Mariners and other methods of our dockets by the name of the Discussion of Proposed Rule individual submitting the comment (or communication. (5) Vessels may be signing the comment, if submitted on The purpose of this rule is to help allowed to enter the RNAs when a bar behalf of an association, business, labor ensure the safety of, and reduce the risk restriction and/or closure is in place on union, etc.). You may review a Privacy to, the persons and vessels that operate a case-by-case basis with permission of Act notice regarding our public dockets on and in the vicinity of the bars along the Captain of the Port (COTP), or his in the January 17, 2008 issue of the the coasts of Oregon and Washington. designated representative. The rule will do so by establishing clear Federal Register (73 FR 3316). Small Entities procedures for restricting and/or closing Public Meeting the bars and mandating additional Under the Regulatory Flexibility Act safety requirements for recreational and (5 U.S.C. 601–612), we have considered We do not now plan to hold a public small commercial vessels operating on whether this proposed rule would have meeting. But you may submit a request or in the vicinity of the bars when a significant economic impact on a for one to the Docket Management certain conditions exist. The former will substantial number of small entities. Facility at the address under ADDRESSES help expedite bar restrictions and The term ‘‘small entities’’ comprises explaining why one would be closures as well as the mariner small businesses, not-for-profit beneficial. If we determine that one notification process which will keep organizations that are independently would aid this rulemaking, we will hold more vessels away from hazardous bars. owned and operated and are not one at a time and place announced by The latter will require the use and/or dominant in their fields, and a later notice in the Federal Register. making ready of safety equipment as governmental jurisdictions with Background and Purpose well as additional reporting populations of less than 50,000. requirements when certain conditions The Coast Guard certifies under 5 The bars along the coasts of Oregon exist which will help ensure the safety U.S.C. 605(b) that this proposed rule and Washington are a maritime of persons on vessels that are on or in would not have a significant economic operating environment unique to the the vicinity of hazardous bars. impact on a substantial number of small Pacific Northwest. More importantly, The proposed rule will replace the entities. This proposed rule would affect the bars can and very often do become Regulated Boating Area provisions in 33 the following entities, some of which extremely hazardous for all types of CFR Part 177. The geographic may be small entities: The owners and maritime traffic. In fact, a review of boundaries used to identify the bar areas operators of recreational vessels, recreational, passenger, and commercial in the proposed rule are the same as uninspected passenger vessels, fishing vessel casualty data shows that those currently used to identify the inspected small passenger vessels, and since 1992 there have been 39 vessel Regulated Boating Areas in 33 CFR Part commercial fishing vessels. The rule capsizings on or in the vicinity of the 177, except for one minor change being would not have a significant economic bars, resulting in 66 fatalities. Some made to the Umpqua River bar impact on a substantial number of small notable recent vessel casualties include boundaries. entities; however, for the following the capsizing of the inspected charter reasons: (1) The rule does not require vessel TAKI–TOOO while trying to Regulatory Analyses the purchase of equipment not already cross the Tillamook Bay bar, resulting in We developed this proposed rule after required to be on board the vessels the deaths of 11 people, and the considering numerous statutes and affected. (2) The rule changes only the capsizing of the uninspected passenger executive orders related to rulemaking. procedures for restricting and/or closing vessel SYDNEY MAE II while Below we summarize our analyses the bars, not the standards for attempting to cross the Umpqua River based on 13 of these statutes or determining when a restriction and/or bar, resulting in the deaths of 3 people. executive orders. closure will take place. (3) The In addition, several commercial fishing restriction and/or closure of the bars is vessels, including the CATHERINE M, Regulatory Planning and Review temporary and will only occur when the ASH, the STARRIGAVAN and the This proposed rule is not a significant necessary due to severe weather. (4) The NETWORK have recently capsized on or regulatory action under section 3(f) of maritime public will be advised of bar

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restrictions and/or closures via result in such an expenditure, we do regulatory activities unless the agency Broadcast Notice to Mariners and other discuss the effects of this rule elsewhere provides Congress, through the Office of methods of communication. (5) Vessels in this preamble. Management and Budget, with an may be allowed to enter the RNAs when explanation of why using these Taking of Private Property a bar restriction and/or closure is in standards would be inconsistent with place on a case-by-case basis with This proposed rule would not effect a applicable law or otherwise impractical. permission of the COTP, or his taking of private property or otherwise Voluntary consensus standards are designated representative. have taking implications under technical standards (e.g., specifications If you think that your business, Executive Order 12630, Governmental of materials, performance, design, or organization, or governmental Actions and Interference with operation; test methods; sampling jurisdiction qualifies as a small entity Constitutionally Protected Property procedures; and related management and that this rule would have a Rights. systems practices) that are developed or significant economic impact on it, Civil Justice Reform adopted by voluntary consensus please submit a comment (see standards bodies. ADDRESSES) explaining why you think it This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of This proposed rule does not use qualifies and how and to what degree technical standards. Therefore, we did this rule would economically affect it. Executive Order 12988, Civil Justice Reform, to minimize litigation, not consider the use of voluntary Assistance for Small Entities eliminate ambiguity, and reduce consensus standards. Under section 213(a) of the Small burden. Environment Business Regulatory Enforcement Protection of Children Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this proposed rule we want to assist small entities in We have analyzed this proposed rule under Department of Homeland understanding this proposed rule so that under Executive Order 13045, Security Directive 0023.1 and they can better evaluate its effects on Protection of Children from Commandant Instruction M16475.lD, them and participate in the rulemaking. Environmental Health Risks and Safety which guide the Coast Guard in If the rule would affect your small Risks. This rule is not an economically complying with the National business, organization, or governmental significant rule and would not create an Environmental Policy Act of 1969 jurisdiction and you have questions environmental risk to health or risk to (NEPA) (42 U.S.C. 4321–4370f), and concerning its provisions or options for safety that might disproportionately have made a preliminary determination compliance, please contact LCDR Emily affect children. that this action is one of a category of actions which do not individually or Saddler, Thirteenth Coast Guard Indian Tribal Governments District, Prevention Division, cumulatively have a significant effect on Inspections and Investigations Branch, This proposed rule does not have the human environment. Therefore, this telephone 206–220–7210. The Coast tribal implications under Executive rule is categorically excluded, under Guard will not retaliate against small Order 13175, Consultation and section 2.B.2. Figure 2–1, paragraph entities that question or complain about Coordination with Indian Tribal 34(g), of the Instruction and neither an this proposed rule or any policy or Governments, because it would not have environmental assessment nor an action of the Coast Guard. a substantial direct effect on one or environmental impact statement is more Indian tribes, on the relationship required. This rule involves Collection of Information between the Federal Government and establishing, disestablishing, or This proposed rule would call for no Indian tribes, or on the distribution of changing Regulated Navigation Areas new collection of information under the power and responsibilities between the and security or safety zones. A Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. preliminary ‘‘Environmental Analysis U.S.C. 3501–3520). Energy Effects Checklist’’ supporting this determination is available in the docket Federalism We have analyzed this proposed rule where indicated under the ‘‘Public A rule has implications for federalism under Executive Order 13211, Actions Participation and Request for under Executive Order 13132, Concerning Regulations That Comments’’ section of this preamble. Federalism, if it has a substantial direct Significantly Affect Energy Supply, We seek any comments or information effect on State or local governments and Distribution, or Use. We have that may lead to the discovery of a would either preempt State law or determined that it is not a ‘‘significant significant environmental impact from impose a substantial direct cost of energy action’’ under that order because this proposed rule. compliance on them. We have analyzed it is not a ‘‘significant regulatory action’’ this proposed rule under that Order and under Executive Order 12866 and is not List of Subjects have determined that it does not have likely to have a significant adverse effect 33 CFR Part 165 implications for federalism. on the supply, distribution, or use of energy. The Administrator of the Office Harbors, Marine safety, Navigation Unfunded Mandates Reform Act of Information and Regulatory Affairs (water), Reporting and recordkeeping The Unfunded Mandates Reform Act has not designated it as a significant requirements, Security measures, of 1995 (2 U.S.C. 1531–1538) requires energy action. Therefore, it does not Waterways. Federal agencies to assess the effects of require a Statement of Energy Effects their discretionary regulatory actions. In under Executive Order 13211. 33 CFR Part 177 particular, the Act addresses actions Marine safety. that may result in the expenditure by a Technical Standards State, local, or tribal government, in the The National Technology Transfer For the reasons discussed in the aggregate, or by the private sector of and Advancement Act (NTTAA) (15 preamble, the Coast Guard proposes to $100,000,000 or more in any one year. U.S.C. 272 note) directs agencies to use amend 33 CFR part 165 and 33 CFR part Though this proposed rule would not voluntary consensus standards in their 177 as follows:

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PART 165—REGULATED NAVIGATION 124°09′30″ W. thence eastward to a shoreline of the harbor at 44°55′45″ N., AREAS AND LIMITED ACCESS AREAS point on the shoreline at 46°12′00″ N., 124°01′20″ W. thence westward and 123°59′33″ W. thence eastward to Tansy northward along the shoreline to the 1. The authority citation for part 165 Point Range Front Light at 46°11′16″ N., beginning. continues to read as follows: 123°55′05″ W.; thence northward to (9) Depoe Bay Bar, Oreg.: From a Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chinook Point at 46°15′08″ N., point on the shoreline at 44°49′15″ N., Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 123°55′25″ W. thence northwestward to 124°04′00″ W. thence westward to 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; the north end of Sand Island at 44°49′15″ N., 124°04′35″ W. thence Pub. L. 107–295, 116 Stat. 2064; Department 46°17′29″ N., 124°01′25″ W. thence southward to 44°47′55″ N., 124°04′55″ of Homeland Security Delegation No. 0170.1. southwestward to a point on the north W. thence eastward to a point on the 2. Add § 165.1322 to read as follows: shoreline of the harbor at 46°16′25″ N., shoreline at 44°47′53″ N., 124°04′25″ W. 124°02′28″ W. thence northwestward thence northward along the shoreline § 165.1322 Regulated Navigation Areas; and southwestward along the north Bars along the Coasts of Oregon and and eastward along the south bank of Washington shoreline of the harbor and northward the entrance channel to the highway along the seaward shoreline to the bridge thence northward to the north (a) Regulated navigation areas. Each beginning. of the following areas is a regulated bank at the bridge thence westward (5) Nehalem River Bar, Oreg.: From a along the north bank of the entrance navigation area: ° ′ ″ point on the shoreline 45 41 25 N., channel and northward along the (1) Quillayute River Entrance, Wash.: ° ′ ″ 123 56 16 W. thence westward seaward shoreline to the beginning. From the west end of James Island 45°41′25″ N., 123°59′00″ W. thence 47°54′23″ N., 124°39′05″ W. southward (10) Yaquina Bay Bar, Oreg.: From a southward to 45°37′25″ N., 123°59′00″ ° ′ ″ to buoy No. 2 at 47°53′42″ N., point on the shoreline at 44 38 11 N., W. thence eastward to a point on the ° ′ ″ 124°38′42″ W. eastward to the shoreline 124 03 47 W. thence westward to shoreline at 45°37′25″ N., 123°56′38″ W. ° ′ ″ ° ′ ″ at 47°53′42″ N., 124°37′51″ W., thence 44 38 11 N., 124 05 55 W. thence thence northward along the shoreline to southward to 44°35′15″ N., 124°06′05″ northward along the shoreline to the north end of the south jetty at 47°54′29″ N., 124°38′20″ W. thence W. thence eastward to a point on the 45°39′40″ N., 123°55′45″ W. thence ° ′ ″ ° ′ ″ northward to 47°54′36″ N., 124°38′22″ shoreline at 44 35 15 N., 124 04 02 W. westward to a point on the shoreline at thence northward along the shoreline W. thence westward to the beginning. 45°39′45″ N., 123°56′19″ W. thence (2) Grays Harbor Entrance, Wash.: and eastward along the south bank of northward along the shoreline to the the entrance channel to the highway From a point on the shoreline at beginning. ° ′ ″ ° ′ ″ bridge thence northward to the north 46 59 00 N., 124 10 10 W. westward to (6) Tillamook Bay Bar, Oreg.: From a ° ′ ″ ° ′ ″ bank of the entrance channel at the 46 59 00 N., 124 15 30 W. thence point on the shoreline at 45°35′15″ N., ° ′ ″ ° ′ ″ southward to 46 51 00 N., 124 15 30 123°57′05″ W. thence westward bridge thence westward along the north W. thence eastward to a point on the 45°35′15″ N., 124°00′00″ W. thence bank of the entrance channel and shoreline at 46°51′00″ N., 124°06′40″ W. southward to 45°30′00″ N., 124°00′00″ northward along the seaway shoreline to thence northward along the shoreline to W. thence eastward to a point on the the beginning. a point at the south jetty 46°54′20″ N., ° ′ ″ ° ′ ″ (11) Siuslaw River Bar, Oreg.: From a shoreline at 45 30 00 N., 123 57 40 W. ° ′ ″ 124°08′07″ W. thence eastward to thence northward along the shoreline to point on the shoreline at 44 02 00 N., 46°54′10″ N., 124°05′00″ W. thence 124°08′00″ W. thence westward to the north end of Kincheloe Point at ° ′ ″ ° ′ ″ northward to 46°55′00″ N., 124°03′30″ 45°33′30″ N., 123°56′05″ W. thence 44 02 00 N., 124 09 30 W. thence ° ′ ″ ° ′ ″ W. thence northwestward to Damon northward to a point on the north southward to 44 00 00 N., 124 09 30 Point at 46°56′50″ N., 124°06′30″ W. shoreline of the harbor at 45°33′40″ N., W. thence eastward to a point on the ° ′ ″ ° ′ ″ thence westward along the north 123°55′59″ W. thence westward along shoreline at 44 00 00 N., 124 08 12 W. shoreline of the harbor to the north jetty the north shoreline of the harbor then thence northward along the shoreline at 46°55′40″ N., 124°10′27″ W. thence northward along the seaward shoreline and southward along the west bank of ° ′ ″ northward along the shoreline to the to the beginning. the entrance channel to 44 00 35 N., beginning. (7) Netarts Bay Bar, Oreg.: From a 124°07′48″ W. thence southeastward to (3) Willapa Bay, Wash.: From a point point on the shoreline at 45°28′05″ N. a point on the east bank of the entrance on the shoreline at 46°46′00″ N., thence westward to 45°28′05″ N., channel at 44°00′20″ N., 124°07′31″ W. 124°05′40″ W. westward to 46°44′00″ N., 124°00′00″ W. thence southward to thence northward along the east bank of 124°10′45″ W. thence eastward to a 45°24′00″ N., 124°00′00″ W. thence the entrance channel and northward point on the shoreline at 46°35′00″ N., eastward to a point on the shoreline at along the seaward shoreline to the 124°03′45″ W. thence northward along 45°24′00″ N., 123°57′45″ W. thence beginning. the shoreline around the north end of northward along the shoreline to (12) Umpqua River Bar, Oreg.: From Leadbetter Point thence southward 45°26′03″ N., 123°57′15″ W. thence a point on the shoreline at 43°41′20″ N., along the east shoreline of Leadbetter eastward to a point on the north 124°11′58″ W. thence westward to Point to 46°36′00″ N., 124°02′15″ W. shoreline of the harbor at 45°26′00″ N., 43°41′20″ N., 124°13′32″ W. thence thence eastward to 46°36′00″ N., 123°56′57″ W. thence northward along southward to 43°38′35″ N., 124°14′25″ 124°00′00″ W. thence northward to Toke the shoreline to the beginning. W. thence eastward to a point on the Point at 46°42′15″ N., 123°58′00″ W. (8) Siletz Bay Bar, Oreg.: From a point shoreline at 43°38′35″ N., 124°12′35″ W. thence westward along the north on the shoreline at 44°56′32″ N., thence northward along the shoreline to shoreline of the harbor and northward 124°01′29″ W. thence westward to light ‘‘8’’ at 43°40′57″ N., 124°11′13″ W. along the seaward shoreline to the 44°56′32″ N., 124°03′00″ W. thence thence southwestward to a point on the beginning. southward to 44°54′40″ N., 124°03′15″ west bank of the entrance channel at (4) Columbia River Bar, Wash.-Oreg.: W. thence eastward to a point on the 43°40′52″ N., 124°11′34″ W. thence From a point on the shoreline at shoreline at 44°54′40″ N., 124°01′55″ W. southwestward along the west bank of 46°18′00″ N., 124°04′39″ W. thence thence northward along the shoreline to the entrance channel thence northward westward to 46°18′00″ N., 124°09′30″ W. 44°55′35″ N., 124°01′25″ W. thence along the seaward shoreline to the thence southward to 46°12′00″ N., northward to a point on the north beginning.

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(13) Coos Bay Bar, Oreg.: From a point thence southward along the west (A) Carrying not more than 12 on the shoreline at 43°22′15″ N., shoreline of the channel thence passengers, including at least one 124°19′34″ W. thence westward to westward along the seaward shoreline passenger-for-hire; or 43°22′20″ N., 124°22′28″ W. thence to the beginning. (B) That is chartered with the crew southwestward to 43°21′00″ N., (b) Definitions. For the purposes of provided or specified by the owner or 124°23′35″ W. thence southeastward to this section: the owner’s representative and carrying a point on the shoreline at 43°20′25″ N., (1) Bar crossing plan (also known as not more than 12 passengers; or 124°22′28″ W. thence northward along a Go/No-Go plan) means a plan (ii) Of less than 100 gross tons; the shoreline and eastward along the developed by local industry (A) Carrying not more than six south shore of the entrance channel to professionals, in coordination with the passengers, including at least one a point on the shoreline at 43°20′52″ N., Coast Guard, for a bar within a regulated passenger-for-hire; or 124°19′12″ W. thence eastward to a navigation area established in paragraph (B) That is chartered with the crew point on the east shoreline of the harbor (a) of this section and adopted by the provided or specified by the owner or at 43°21′00″ N., 124°18′50″ W. thence master or operator of a small passenger the owner’s representative and carrying northward to a point on the west vessel to guide his vessel’s operations not more than six passengers. shoreline of the harbor at 43°21′45″ N., on and in the vicinity of that bar. (12) Unsafe condition exists when the 124°19′10″ W. thence south and west (2) Bar restriction means passage wave height within a regulated along the west shoreline of the harbor across a bar within a regulated navigation area identified in paragraph thence northward along the seaward navigation area established in paragraph (a) of this section is equal to or greater shoreline to the beginning. (a) of this section has been prohibited by than the maximum wave height (14) Coquille River Bar, Oreg.: From a the Coast Guard due to unsafe determined by the formula L/10 + F = point on the shoreline at 43°08′25″ N., W where: ° ′ ″ conditions. 124 25 04 W. thence southwestward to (3) Commercial fishing industry vessel L = Overall length of a vessel measured in 43°07′50″ N., 124°27′05″ W. thence ° ′ ″ means a fishing vessel, fish tender feet in a straight horizontal line along southwestward to 43 07 03 N., vessel, or a fish processing vessel. and parallel with the centerline between 124°28′25″ W. thence eastward to a the intersections of this line with the ° ′ ″ (4) Designated representative means point on the shoreline at 43 06 00 N., any Coast Guard commissioned, vertical planes of the stem and stern 124°25′55″ W. thence northward along profiles excluding deckhouses and warrant, or petty officer that has been equipment. the shoreline and eastward along the authorized by the Captain of the Port to south shoreline of the channel entrance F = The minimum freeboard when measured act on his behalf. to 43°07′17″ N., 124°25′00″ W. thence in feet from the lowest point along the (5) Fish processing vessel means a northward to the east end of the north upper strake edge to the surface of the vessel that commercially prepares fish water. jetty at 43°07′24″ N., 124°24′59″ W. or fish products other than by gutting, W = Maximum wave height in feet to the thence westward along the north decapitating, gilling, skinning, nearest highest whole number. shoreline of the entrance channel and shucking, icing, freezing, or brine northward along the seaward shoreline (c) Regulations. chilling. to the beginning. (1)(i) Bar restriction. Passage across (15) Rogue River Bar, Oreg.: From a (6) Fish tender vessel means a vessel the bars located in the regulated point on the shoreline at 42°26′25″ N., that commercially supplies, stores, navigation areas established in 124°26′03″ W. thence westward to refrigerates, or transports fish, fish paragraph (a) of this section will be 42°26′10″ N., 124°27′05″ W. thence products, or materials directly related to restricted for recreational and southward to 42°24′15″ N., 124°27′05″ fishing or the preparation of fish to or uninspected passenger vessels as W. thence eastward to a point on the from a fishing, fish processing, or fish determined by the Captain of the Port shoreline at 42°24′15″ N., 124°25′30″ W. tender vessel or a fish processing (COTP) or his designated representative. thence northward along the shoreline facility. In making this determination, the COTP and eastward along the south shoreline (7) Fishing vessel means a vessel that or his designated representative will of the entrance channel to the highway commercially engages in the catching, determine whether an unsafe condition bridge thence northward across the taking, or harvesting of fish or an exists for such vessels as defined in inner harbor jetty to a point on the north activity that can reasonably be expected paragraph (b) of this section. shoreline of the entrance channel at the to result in the catching, taking, or Additionally, the COTP or his highway bridge thence westward along harvesting of fish. designated representative will use their the north shoreline of the entrance (8) Immediately available means professional maritime experience and channel thence northward along the equipment that is taken out of stowage knowledge of local environmental seaward shoreline to the beginning. and readily accessible within the same conditions in making their (16) Chetco River Bar, Oreg.: From a space as any person for immediate use determination. Factors that will be point on the shoreline at 42°02′35″ N., during an emergency. considered include, but are not limited 124°17′20″ W. thence southeastward to (9) Recreational vessel is any vessel to: Size and type of vessel, sea state, 42°01′45″ N., 124°16′30″ W. thence manufactured or used primarily for non- winds, wave period, and tidal currents. northwestward to a point on the commercial use or leased, rented, or When a bar is restricted, the operation shoreline at 42°02′10″ N., 124°15′35″ W. chartered to another for the latter’s non- of recreational and uninspected thence northwestward along the commercial use. It does not include a passenger vessels in the regulated shoreline thence northward along the vessel engaged in carrying paying navigation area established in paragraph east shoreline of the channel entrance to passengers. (a) of this section in which the restricted 42°02′47″ N., 124°16′03″ W. thence (10) Small passenger vessel means a bar is located is prohibited unless northward along the west face of the vessel inspected under 46 CFR specifically authorized by the COTP or inner jetty and east shoreline of the Subchapter T or 46 CFR Subchapter K. his designated representative. channel entrance to the highway bridge (11) Uninspected passenger vessel (ii) Bar closure. The bars located in thence westward to the west shoreline means an uninspected vessel— the regulated navigation areas of the channel at the highway bridge (i) Of at least 100 gross tons; established in paragraph (a) of this

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section will be closed to all vessels (i) The master or operator of any small (B) Whenever their vessel is being whenever environmental conditions passenger vessel operating in a towed or escorted across the bar by the exceed the operational limitations of the regulated navigation area established in Coast Guard. relevant Coast Guard search and rescue paragraph (a) of this section shall ensure (ii) The master or operator of any resources as determined by the COTP. that all persons located in any commercial fishing vessel operating in a When a bar is closed, the operation of unenclosed areas of their vessel are regulated navigation area established in any vessel in the regulated navigation wearing lifejackets and that lifejackets paragraph (a) of this section during the area established in paragraph (a) of this are immediately available for/to all conditions described in paragraph section in which the closed bar is persons located in any enclosed areas of (c)(5)(i)(A) of this section shall contact located is prohibited unless specifically their vessel: the Coast Guard on VHF–FM Channel authorized by the COTP or his (A) When crossing the bar and a bar 16 prior to crossing the bar between designated representative. restriction exists for recreational vessels sunset and sunrise. The master or (iii) The Coast Guard will notify the or uninspected passenger vessels of the operator shall report the following: public of bar restrictions and bar same length or (A) Vessel name, closures via a Broadcast Notice to (B) Whenever their vessel is being (B) Vessel location or position, Mariners on VHF–FM Channel 16 and towed or escorted across the bar by the (C) Number of persons onboard the 22A. Additionally, Coast Guard Coast Guard. vessel, and personnel may be on-scene to advise the (ii) Small passenger vessels with bar (D) Vessel destination. public of any bar restrictions and/or crossing plans that have been reviewed (6) All persons and vessels within the closures. by and accepted by the Officer in Charge regulated navigation areas established in (2) Safety Requirements for of Marine Inspection (OCMI) are exempt paragraph (a) of this section must Recreational Vessels. The operator of from the safety requirements provided comply with the orders of Coast Guard any recreational vessel operating in a in paragraph (c)(4)(i) of this section personnel. Coast Guard personnel regulated navigation area established in during the conditions described in include commissioned, warrant, and paragraph (a) of this section shall ensure paragraph (c)(4)(i)(A) of this section so petty officers of the United States Coast that whenever their vessel is being long as when crossing the bar the master Guard. towed or escorted across a bar by the or operator ensures that all persons on Coast Guard all persons located in any their vessel wear lifejackets in PART 177—CORRECTION OF unenclosed areas of their vessel are accordance with their bar crossing plan. ESPECIALLY HAZARDOUS wearing lifejackets and that lifejackets If the vessel’s bar crossing plan does not CONDITIONS are immediately available for/to all specify the conditions when the persons 3. The authority citation for part 177 persons located in any enclosed areas of on their vessel must wear lifejackets, continues to read as follows: their vessel. however, then the master or operator (3) Safety Requirements for must comply with the safety Authority: 46 U.S.C. 4302, 4311; Pub. L. Uninspected Passenger Vessels (UPV). requirements provided in paragraph 103–206, 107 Stat. 2439; 49 CFR 1.45 and 1.46. (i) The master or operator of any (c)(4)(i) of this section in their entirety. uninspected passenger vessel operating (iii) The master or operator of any 4. In § 177.07, remove paragraph (f) in a regulated navigation area small passenger vessel operating in a and redesignate paragraph (g) as established in paragraph (a) of this regulated navigation area established in paragraph (f). section shall ensure that all persons paragraph (a) of this section during the 5. Remove § 177.08 and redesignate located in any unenclosed areas of their conditions described in paragraph § 177.09 as § 177.08. vessel are wearing lifejackets and that (c)(4)(i)(A) of this section shall contact Dated: January 15, 2009. lifejackets are immediately available for/ the Coast Guard on VHF–FM Channel J.P. Currier, to all persons located in any enclosed 16 prior to crossing the bar between Rear Admiral, U.S. Coast Guard, Commander, areas of their vessel: sunset and sunrise. The master or Thirteenth Coast Guard District. (A) When crossing the bar and a bar operator shall report the following: [FR Doc. E9–2592 Filed 2–11–09; 8:45 am] restriction exists for recreational vessels (A) Vessel name, BILLING CODE 4910–15–P of the same length or (B) Vessel location or position, (B) Whenever their vessel is being (C) Number of persons onboard the towed or escorted across the bar by the vessel, and Coast Guard. (D) Vessel destination. ENVIRONMENTAL PROTECTION (ii) The master or operator of any (5) Safety Requirements for AGENCY uninspected passenger vessel operating Commercial Fishing Vessels (CFV). (i) 40 CFR Parts 50 and 51 in a regulated navigation area The master or operator of any established in paragraph (a) of this commercial fishing vessel operating in a [EPA–HQ–OAR–2007–0956; FRL–8772–8] section during the conditions described regulated navigation area established in in paragraph (c)(3)(i)(A) of this section paragraph (a) of this section shall ensure RIN–2060–AO63 shall contact the Coast Guard on VHF– that all persons located in any Proposed Rule To Implement the 1997 FM Channel 16 prior to crossing the bar unenclosed areas of their vessel are 8-Hour Ozone National Ambient Air between sunset and sunrise. The master wearing lifejackets or immersion suits Quality Standard: Revision on Subpart or operator shall report the following: and that lifejackets or immersion suits 1 Area Reclassification and Anti- (A) Vessel name, are immediately available for/to all Backsliding Provisions Under Former (B) Vessel location or position, persons located in any enclosed spaces 1-Hour Ozone Standard; Proposed (C) Number of persons onboard the of their vessel: Deletion of Obsolete 1-Hour Ozone vessel, and (A) When crossing the bar and a bar Standard Provision (D) Vessel destination. restriction exists for recreational vessels (4) Safety Requirements for Small or uninspected passenger vessels of the AGENCY: Environmental Protection Passenger Vessels (SPV). same length or Agency (EPA).

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ACTION: Notice of public hearing and should be prepared to show valid and included as part of the comment extension of comment period. picture identification to the security that is placed in the public docket and staff in order to gain access to the made available on the Internet. If you SUMMARY: The EPA is announcing a meeting room. In addition, you will submit an electronic comment, EPA public hearing to be held for the need to obtain a property pass for any recommends that you include your proposed rule ‘‘Proposed Rule to personal belongings you bring with you. name and other contact information in Implement the 1997 8-Hour Ozone Upon leaving the building, you will be the body of your comment and with any National Ambient Air Quality Standard: required to return this property pass to disk or CD–ROM you submit. If EPA Revision on Subpart 1 Area the security desk. No large signs will be cannot read your comment due to Reclassification and Anti-Backsliding allowed in the building, cameras may technical difficulties and cannot contact Provisions Under Former 1-Hour Ozone only be used inside the classroom and you for clarification, EPA may not be Standard; Proposed Deletion of Obsolete outside of the building and able to consider your comment. 1-Hour Ozone Standard Provision’’ demonstrations will not be allowed on Electronic files should avoid the use of which published in the Federal Register Federal property for security reasons. special characters, any form of on January 16, 2009. The hearing will be Comments. Submit your comments, encryption, and be free of any defects or held in Washington, DC, on Monday, identified by Docket ID No. EPA–HQ– viruses. For additional information March 2, 2009. OAR–2007–0956, by one of the about EPA’s public docket, visit the EPA EPA is also announcing an extension following methods: Docket Center homepage at http:// • of the public comment period on our http://www.regulations.gov: Follow www.epa.gov/epahome/dockets.htm. proposed rule. EPA is extending the the on-line instructions for submitting Docket: All documents in the docket comment period that originally ends on comments. are listed in http://www.regulations.gov. February 17, 2009. The extended • E-mail: [email protected]. • Although listed in the index, some comment period will close on April 1, Fax: (202) 566–9744 information is not publicly available, • Mail: Air and Radiation Docket and 2009. i.e., CBI or other information whose Information Center, Attention Docket ID In this notice of proposed rulemaking, disclosure is restricted by statute. No. EPA–HQ–OAR–2007–0956, EPA proposed to revise the rule for Certain other material, such as Environmental Protection Agency, 1301 implementing the 1997 8-hour ozone copyrighted material, is not placed on Constitution Ave., NW., Washington, national ambient air quality standard the Internet and will be publicly DC 20460. Mail Code: 2822T. Please (NAAQS) for several of the limited available only in hard copy form. portions of the rule vacated by the U.S. include two copies if possible. • Hand Delivery: Air and Radiation Publicly available docket materials are Circuit Court of Appeals for the District available either electronically in http:// of Columbia. The proposal addresses the Docket and Information Center, Attention Docket ID No. EPA–HQ– www.regulations.gov or in hard copy at classification system for the subset of the EPA Docket Center (Air Docket), initial 8-hour ozone nonattainment OAR–2007–0956, Environmental Protection Agency in the EPA EPA West, Room 3334, 1301 areas that the implementation rule Constitution Ave., NW., Washington, originally covered under Clean Air Act Headquarters Library, Room Number 3334 in the EPA West Building, located DC. The Public Reading Room is open (CAA) title I, part D, subpart 1. The from 8:30 a.m. to 4:30 p.m., Monday proposal also addresses how 1-hour at 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public through Friday, excluding legal ozone contingency measures that apply holidays. The telephone number for the for failure to attain or make reasonable Reading Room hours of operation will be 8:30 a.m. to 4:30 p.m. Eastern Public Reading Room is (202) 566–1744. progress toward attainment of the 1- The EPA Web site for the rulemaking, hour standard should apply under the Standard Time (EST), Monday through Friday, Air and Radiation Docket and which includes the proposal and anti-backsliding provisions of the information about the public hearing, implementation rule. In addition, the Information Center. Instructions: Direct your comments to can be found at: http://www.epa.gov/ttn/ proposal removes language relating to naaqs/ozone/o3imp8hr/. the vacated provisions of the rule that Docket ID No. EPA–HQ–OAR–2007– FOR FURTHER INFORMATION CONTACT: If provided exemptions from the 0956. The EPA’s policy is that all comments received will be included in you would like to speak at the public requirements of nonattainment new hearing, please contact Ms. Pamela source review (NSR) and CAA section the public docket without change and may be made available on-line at Long, U.S. Environmental Protection 185 penalty fees under the 1-hour Agency, OAQPS, Air Quality Planning standard. The public hearing will http://www.regulations.gov, including any personal information provided, Division, (C504–03), Research Triangle provide interested parties the Park, NC 27711, telephone (919) 541– opportunity to present data, views, or unless the comment includes information claimed to be confidential 0641, fax number (919) 541–5509, e- arguments concerning these proposed mail address [email protected] no later changes. business information (CBI) or other information whose disclosure is than February 27, 2009. If you have any DATES: Public Hearing. The public restricted by statute. Do not submit questions on the public hearing, please hearing will be held on March 2, 2009. information that you consider to be CBI contact Ms. Long at the above number. Comments. Comments must be or otherwise protected through http:// Questions concerning the January 16, received on or before April 1, 2009. www.regulations.gov, or e-mail. The 2009, proposed rule should be ADDRESSES: Public Hearing. The hearing http://www.regulations.gov Web Site is addressed to Mr. John Silvasi, U.S. EPA, will be held at U.S. Environmental an ‘‘anonymous access’’ system, which Office of Air Quality Planning and Protection Agency, EPA East, Room means EPA will not know your identity Standards, Air Quality Policy Division, 1153, 1200 Pennsylvania Avenue, or contact information unless you (C539–01), Research Triangle Park, NC Washington, DC 20004. The public provide it in the body of your comment. 27711, telephone number (919) 541– hearing will start at 10 a.m. and end at If you send an e-mail comment 5666, e-mail at [email protected]. 3 p.m. Because this hearing is being directly to EPA without going through SUPPLEMENTARY INFORMATION: The held at U.S. government facilities, http://www.regulations.gov, your e-mail January 16, 2009, notice of proposed everyone planning to attend the hearing address will be automatically captured rulemaking proposes to revise the rule

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for implementing the 1997 8-hour ozone How Can I Get Copies of This DEPARTMENT OF COMMERCE NAAQS for several of the limited Document and Other Related portions of the rule vacated by the U.S. Information? National Oceanic and Atmospheric Circuit Court of Appeals for the District Administration of Columbia. The proposal addresses the The EPA has established a docket for classification system for the subset of the proposed rule ‘‘Proposed Rule to 50 CFR Part 648 initial 8-hour ozone nonattainment Implement the 1997 8-Hour Ozone [Docket No. 090123054–9058–01] areas that the implementation rule National Ambient Air Quality Standard: originally covered under CAA title I, Revision on Subpart 1 Area RIN 0648–XM12 part D, subpart 1. The proposal also Reclassification and Anti-Backsliding Magnuson-Stevens Act Provisions; addresses how 1-hour ozone Provisions Under Former 1-Hour Ozone Fisheries of the Northeastern United contingency measures that apply for Standard; Proposed Deletion of Obsolete States; Northeast Multispecies failure to attain or make reasonable 1-Hour Ozone Standard Provision’’ Fishery; 2009 Georges Bank Cod Fixed progress toward attainment of the 1- under Docket ID No. EPA–HQ–OAR– Gear Sector Operations Plan and hour standard should apply under the 2007–0956 (available at http:// Agreement, and Allocation of Georges anti-backsliding provisions of the www.regulations.gov). Bank Cod Total Allowable Catch implementation rule. In addition, the As stated previously, the proposed proposal removes language relating to AGENCY: National Marine Fisheries rule was published in the Federal the vacated provisions of the rule that Service (NMFS), National Oceanic and Register on January 16, 2009 (74 FR provided exemptions from the Atmospheric Administration (NOAA), 2936) and is available at http:// requirements of nonattainment NSR and Commerce. www.epa.gov/ttn/naaqs/ozone/ CAA section 185 penalty fees under the ACTION: o3imp8hr/ and in the above-cited Proposed rule; request for 1-hour standard. comments. Public Hearing: The proposal for docket. which EPA is holding the public Dated: February 5, 2009. SUMMARY: This proposed rule provides hearing was published in the Federal Mary E. Henigin, interested parties an opportunity to Register on January 16, 2009, (74 FR comment on the proposed sector Acting Director, Office of Air Quality Planning operations plan and supplemental 2936) and is available at: http:// and Standards. www.epa.gov/ttn/naaqs/ozone/ environmental assessment (EA) prior to [FR Doc. E9–3051 Filed 2–11–09; 8:45 am] o3imp8hr/ and also in the docket final approval or disapproval of the identified below. The public hearing BILLING CODE 6560–50–P sector operations plan and allocation of will provide interested parties the a Georges Bank (GB) cod total allowable opportunity to present data, views, or catch (TAC) to the GB Cod Fixed Gear arguments concerning the proposal. The Sector (Fixed Gear Sector) for fishing EPA may ask clarifying questions during DEPARTMENT OF HEALTH AND year (FY) 2009. the oral presentations, but will not HUMAN SERVICES Framework Adjustment (FW) 42 to respond to the presentations at that the Northeast (NE) Multispecies Fishery Centers for Medicare & Medicaid time. Written statements and supporting Management Plan (FMP) implemented information submitted during the Services the Fixed Gear Sector and authorized comment period will be considered allocation of up to 20 percent of the with the same weight as any oral 42 CFR Part 414 annual GB cod TAC to the Fixed Gear comments and supporting information Sector. Pursuant to that authorization, a presented at the public hearing. Written [CMS–1561–NC] representative of the Fixed Gear Sector comments on the proposed rule must be has submitted an operations plan and postmarked by April 1, 2009, which is RIN 0938–AP59 sector agreement (contract), and the extended closing date for the requested an allocation of GB cod to the comment period. Medicare Program; Changes to the Fixed Gear Sector for FY 2009. Commenters should notify Ms. Long if Competitive Acquisition of Certain DATES: Written comments must be they will need specific equipment, or if Durable Medical Equipment, received on or before February 27, 2009. there are other special needs related to Prosthetics, Orthotics and Supplies ADDRESSES: You may submit comments, providing comments at the hearing. The (DMEPOS) by Certain Provisions of the identified by 0648–XM12, by any one of EPA will provide equipment for Medicare Improvements for Patients the following methods: commenters to show overhead slides or and Providers Act of 2008 (MIPPA) • Electronic Submissions: Submit all make computerized slide presentations electronic public comments via the if we receive special requests in Correction Federal eRulemaking Portal: http:// advance. Oral testimony will be limited www.regulations.gov, In proposed rule document E9–2839 to 5 minutes for each commenter. The • Fax: (978) 281–9135, Attn: Mark EPA encourages commenters to provide beginning on page 6557 in the issue of Grant, EPA with a copy of their oral testimony Tuesday, February 10, 2009, make the • Mail: 55 Great Republic Drive, electronically (via e-mail or CD) or in following correction: Gloucester, MA 01930. hard copy form. On page 6557, in the third column, in Instructions: All comments received The hearing schedule, including lists the DATES heading, ‘‘February 13, 2009’’ are part of the public record and will of speakers, will be posted on EPA’s should read ‘‘February 12, 2009’’. generally be posted to http:// Web site http://www.epa.gov/ttn/naaqs/ www.regulations.gov without change. [FR Doc. Z9–2839 Filed 2–10–09; 4:15 pm] o3imp8hr/. Verbatim transcripts of the All Personal Identifying Information (for hearing and written statements will be BILLING CODE 1505–01–D example, name, address, etc.) included in the docket for the voluntarily submitted by the commenter rulemaking. may be publicly accessible. Do not

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submit Confidential Business approval or disapproval of the proposed under the terms of the operations plan Information or otherwise sensitive or sector operations could me made in and sector contract. protected information. advance of the start of FY 2009 on May The Fixed Gear Sector was authorized NMFS will accept anonymous 1 should the suspension of FW 42 be to fish in FY 2006, FY 2007, and FY comments (enter N/A in the required lifted. This action must be taken at this 2008, and, based upon the GB cod fields, if you wish to remain time to allow sufficient time for landings history of its members, was anonymous). You may submit publication of this proposed rule, a allocated <1.0, 10.7, and 13.99 percent, attachments to electronic comments in public comment period, and publication respectively, of the annual GB cod TAC. Microsoft Word, Excel, WordPerfect, or of a final rule no less than 30 days prior On September 30, 2008, the Fixed Adobe PDF file formats only. to the rule taking effect, consistent with Gear Sector submitted its FY 2009 Copies of the Sector Agreement and the requirements of the Administrative operations plan and sector agreement to the EA are available from the NE Procedure Act, as specified at 5 U.S.C. NMFS. A draft environmental Regional Office at the mailing address 553. assessment (EA) was submitted on specified above. The principal regulations applying to November 14, 2008. The proposed 2009 FOR FURTHER INFORMATION CONTACT: the Fixed Gear Sector specify that: (1) Fixed Gear Sector Operations Plan and Mark Grant, Sector Policy Analyst, All vessels with a valid limited access Agreement contains the same elements phone (978) 281–9145, fax (978) 281– NE multispecies DAS permit are eligible and proposed exemptions as the 2008 9135, e-mail [email protected]. to participate in the Fixed Gear Sector; Fixed Gear Sector Operations Plan and Agreement. The Fixed Gear Sector SUPPLEMENTARY INFORMATION: (2) membership in the Fixed Gear Sector NMFS would be overseen by a Board of announces that the Administrator, NE is voluntary, but each member is required to remain in the Fixed Gear Directors and a Sector Manager. The Region, NMFS (Regional Administrator), Fixed Gear Sector Agreement specifies, Sector for the entire fishing year and has made a preliminary determination in accordance with Amendment 13, that cannot fish in the NE multispecies DAS that the 2009 Fixed Gear Sector the Fixed Gear Sector’s GB cod TAC program outside the sector during the Operations Plan and Agreement, which would be based upon the number of fishing year, unless certain conditions contains the sector contract and Fixed Gear Sector members and their are met; (3) vessels fishing in the Fixed operations plan, is consistent with the historic landings of GB cod. The GB cod Gear Sector are confined to fishing in goals of the FMP, and other applicable TAC is a ‘‘hard’’ TAC, meaning that, the Sector Area, which is that portion of law and is in compliance with the once the TAC is reached, Fixed Gear the GB cod stock area north of 39° 00′ regulations governing the development Sector vessels could not fish under a N. lat. and east of 71° 40′ W. long; and and operation of a sector, as specified DAS, possess or land GB cod or other under 50 CFR 648.87, as they existed (4) participating vessels are required to regulated species managed under the prior to the court order described in this comply with all pertinent Federal FMP (regulated species), or use gear proposed rule. The final rule fishing regulations, unless specifically capable of catching groundfish (unless implementing Amendment 13 (69 FR exempted by a Letter of Authorization fishing under charter/party or 22906, April 27, 2004) specified a issued by the Regional Administrator, recreational regulations). Should the process for the formation of sectors and the provisions of an approved hard TAC be exceeded, the Fixed Gear within the NE multispecies fishery and operations plan. Sector’s allocation would be reduced by the allocation of TAC for specific While FW 42 implemented the Fixed the amount of the overharvest in the groundfish species (or days-at-sea Gear Sector, in order for GB cod to be following year. (DAS)), implemented restrictions that allocated to the Fixed Gear Sector and The 2009 operations plan proposes apply to all sectors, established the GB for the Fixed Gear Sector to be exemptions from the following Cod Hook Sector Area (Sector Area), authorized to fish, the Fixed Gear Sector restrictions of the FMP: The GB cod trip and specified a formula for the must submit an operations plan and limit; the GB Seasonal Closure Area allocation of GB cod TAC to the sectors. sector contract to the Regional (when fishing with hook gear); the FW 42 (October 23, 2006; 71 FR Administrator annually for approval. 3,600–hook limit for longline gear in the 62156) to the NE Multispecies FMP The operations plan and sector contract GB Regulated Mesh Area (RMA); and implemented the Fixed Gear Sector. On must contain certain elements, the 2,000–hook limit for longline gear in January 26, 2009, the U.S. District Court including a contract signed by all Fixed the Gulf of Maine (GOM) and Southern of Massachusetts (Court) issued an order Gear Sector participants and a plan New England (SNE) RMAs. Justification in Commonwealth of Massachusetts by containing the management rules that for the proposed exemptions and its Division of Marine Fisheries and the Fixed Gear Sector participants agree analysis of the potential impacts of the State of New Hampshire by its to abide by in order to avoid exceeding operations plan are contained in the EA. Department of Fish and Game, Division the allocated TAC. An additional A Regulatory Impact Review/Initial of Marine Fisheries v. Carlos M. analysis of the impacts of the Fixed Gear Regulatory Flexibility Analysis (IRFA) is Gutierrez, et al., temporarily suspending Sector’s proposed operations may also summarized in the Classification section FW 42. On February 2, 2009, NMFS be required in order to comply with the of this proposed rule. filed a motion to alter or amend the National Environmental Policy Act. Twenty-three prospective Fixed Gear Court’s order. NMFS may not be able to Further, the public must be provided an Sector members signed the 2009 Fixed finally approve the Fixed Gear Sector’s opportunity to comment on the Gear Sector Contract. The GB cod TAC proposed sector operations plan for FY proposed operations plan and sector calculation is based upon the historic 2009 while FW 42 is suspended. contract. The regulations require that, GB cod landings of the participating Accordingly, NMFS publishes this upon completion of the public comment vessels, using all gear. The allocation proposed rule with the condition that a period, the Regional Administrator will percentage is calculated by dividing the final rule approving or disapproving the make a determination regarding sum of total landings of GB cod by proposed sector operations may be approval of the operations plan and Fixed Gear Sector members for FY 1996 contingent upon the removal of the sector contract. If approved by the through 2001 by the sum of the total suspension of FW 42. NMFS is taking Regional Administrator, participating accumulated landings of GB cod this action at this time so that a final vessels would be authorized to fish harvested by all NE multispecies vessels

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for the same time period. Based upon would not preclude a vessel from upon their compliance with the sector the 23 prospective members (and their fishing under the charter/party or contract, from the GB cod possession associated GB cod landings history), the recreational regulations, provided the restrictions, the 3,600–hook limit in the Fixed Gear Sector’s share of the overall vessel fishes under the applicable GB RMA, the 2,000–hook limit in the U.S. portion of the GB cod TAC would charter/party and recreational rules on GOM and SNE RMAs, and the GB be 11.64 percent, or 899,869 lb (408 mt) separate trips. Seasonal Closure Area (when using (11.64 percent times the U.S portion of Participating vessels would not be hook gear), as specified in the fishery-wide GB cod target TAC of allowed to fish with or have on board §§ 658.86(b)(2), 648.80(a)(4)(v), 7,729,408 lb (3,506 mt)). If prospective gear other than jigs, non-automated 648.80(a)(3)(v), 648.80(b)(2)(v), and members of the Fixed Gear Sector are demersal longline, handgear, or sink 648.81(g), respectively. gillnets. Participating Fixed Gear Sector deemed ineligible to, or decide not to, Classification participate in the Fixed Gear Sector after vessels could use an unlimited number the publication of this proposed rule of hooks in the Sector Area and would Pursuant to section 304 (b)(1)(A) of and prior to a final decision by the be exempt from the GB Seasonal Closure the Magnuson-Stevens Act, the NMFS Regional Administrator, it is possible Area when using hook gear. All of these Assistant Administrator has determined that the total number of participants in exemptions were approved for FY 2006 that this proposed rule is consistent the Fixed Gear Sector and the TAC for and FY 2007. with the Northeast Multispecies FMP, the Fixed Gear Sector may be reduced The EA prepared for the Fixed Gear other provisions of the Magnuson- from the numbers above, but no Sector’s operations concludes that the Stevens Act, and other applicable law, additional members may join the Fixed biological impacts of the Fixed Gear subject to further consideration after Gear Sector for FY 2009. Sector will be positive because the hard public comment. TAC and the use of DAS would provide This action is exempt from review The sector contract contains two means of restricting both the under Executive Order (E.O.) 12866. procedures for the enforcement of the landings and effort of the Fixed Gear An IRFA was prepared, as required by operations plan, a schedule of penalties, Sector. Implementation may have a section 603 of the Regulatory Flexibility and provides the authority to the Fixed positive impact on essential fish habitat Act (RFA). The IRFA describes the Gear Sector Manager to issue stop and bycatch if the Fixed Gear Sector’s economic impact this proposed rule, if fishing orders to members of the Fixed quota is caught prior to the end of the adopted, would have on small entities. Gear Sector. Participating vessels would fishing year by reducing the amount of The IRFA consists of this section, the be required to call the Sector Manager time that gear would be in the water. preamble and the EA prepared for this prior to leaving port on a fishing trip. The analysis of economic impacts of the action. A description of the action, why All legal-sized cod caught would be Fixed Gear Sector concludes that the it is being considered, and the legal retained, landed and counted against members would realize higher economic basis for this action are contained in the the Fixed Gear Sector’s GB cod TAC. returns if the Fixed Gear Sector is preamble to this proposed rule and in For each fishing trip, participating implemented. The EA asserts that sections 1.0, 2.0, and 3.0 of the EA vessels would be required to fish under fishing in accordance with the sector prepared for this action. A summary of the NE multispecies DAS program contract rules enables more efficient the analysis follows. A copy of this regulations to account for any incidental harvesting of GB cod than would be analysis is available from NMFS (see groundfish species that they may catch possible if the participating vessels were ADDRESSES). while fishing for GB cod. Participating fishing in accordance with the common The Small Business Administration vessels would be required to land fish pool (non-sector) rules. The social size standard for small commercial only in designated landing ports and benefits of the Fixed Gear Sector would fishing entities is $4 million in average would be required to provide the Fixed accrue to sector members, as well as the annual receipts, and the size standard Gear Sector Manager with a copy of the Chatham, MA, and Harwichport, MA, for small charter/party operators is $6.5 vessel trip report (VTR) within 48 hr of communities, which are more million in average annual receipts. All offloading. Dealers purchasing fish from dependent upon groundfish revenues as permitted and participating vessels in participating vessels would be required a percentage of fishery-derived landings the groundfish fishery, including to provide the Fixed Gear Sector than many other communities. The EA prospective Fixed Gear Sector members, Manager with a copy of the dealer report concludes that the self-governing nature are considered to be small entities on a weekly basis. On a monthly basis, of the Fixed Gear Sector and the because gross sales by any one entity the Fixed Gear Sector Manager would member’s opportunity to develop rules (vessel) do not exceed this threshold, transmit to NMFS aggregate catch data governing the way in which they and, therefore there is no from dealer slips and aggregate discard harvest their GB cod TAC enables disproportionate impact between large data from the VTRs. After 90 percent of stewardship of the cod resource by the and small entities. While an entity may the Fixed Gear Sector’s allocation has Fixed Gear Sector. The cumulative own multiple vessels, available data been harvested, the Fixed Gear Sector impacts of the Fixed Gear Sector are make it difficult to determine which Manager would be required to provide expected to be positive due to a positive vessels may be controlled by a single NMFS with aggregate reports on a biological impact, potential positive entity. For this reason, each vessel is weekly basis. A total of 1/12 of the impact on habitat, and a positive social treated as a single entity for purposes of Fixed Gear Sector’s GB cod TAC would and economic impact. In contrast, the size determination and impact be allocated to each month of the fishing cumulative impact of the no action assessment. All permitted and year. GB cod quota that is not landed alternative is estimated to be neutral, participating vessels in the groundfish during a given month would be rolled with negative social and economic fishery, including prospective Fixed over into the following month. If impacts. Gear Sector members, are considered to landings exceed the monthly quota, the Should the Regional Administrator be small entities because gross sales by excess would be deducted from approve the sector contract as proposed, any one entity (vessel) do not exceed subsequent monthly quotas to ensure a Letter of Authorization would be this threshold. The number of the Fixed Gear Sector does not exceed issued to each member of the Fixed Gear prospective participants in the Fixed its GB cod TAC. The harvest rules Sector exempting them, conditional Gear Sector is 23, substantially less than

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the total number of active vessels in the Gear Sector would continue to mitigate the objectives of sector provisions and groundfish fishery. Only these 23 the negative economic impacts that minimize economic impacts to small vessels would be subject to the result from the current suite of entities, as required by the RFA. regulatory exemptions and operational regulations that apply to the groundfish Therefore, in conjunction with the restrictions proposed for the Fixed Gear fishery (most recently FW 42). The NEPA requirement to consider a Sector for FY 2009. Fixed Gear Sector, by fishing under reasonable range of alternatives, no rules that are designed to meet their Economic Impacts of the Proposed other alternatives were considered as needs (as well as the conservation Action part of this proposed action. requirements of the FMP), is afforded a The proposed alternative would larger degree of flexibility and Economic Impacts of Alternative to the allocate a GB cod TAC of 408 mt to the efficiency, which result in economic Proposed Action Fixed Gear Sector. Once the GB cod gains. For example, Fixed Gear Sector Under the No Action alternative, the TAC is harvested, participating vessels members are able to plan their fishing 2009 Fixed Gear Sector operations plan would not be allowed to fish under a NE activity and income in advance with is disapproved and no modified multispecies DAS, possess or land GB more certainty due to the fact that there operations plan is submitted. While the cod, or other regulated species managed is a cod TAC, which is apportioned to Fixed Gear Sector would remain under the NE multispecies FMP, or use each month of the year. They are able implemented under the FMP, under the gear capable of catching groundfish to maximize their efficiency (revenue No Action Alternative, the Fixed Gear (unless fishing under recreational or per trip) due to the exemption from trip Sector would not be authorized to fish, charter/party regulations). Vessels limits and limits on the number of would not be allocated a GB cod TAC, intending to fish in the Fixed Gear hooks fished. Two hundred seventy- and all vessels would remain in the Sector during FY 2009 may only fish three of the Fixed Gear Sector’s 632 common pool and fish under the with hook gear or sink gillnets. Under trips (43 percent) in FY 2007 landed regulations implemented in the proposed operations plan, members more than the daily GB cod trip limit Amendment 13 and subsequent FW to would be exempt from several (1,000 lb/day; 454 kg/day) in place for the FMP. restrictions of the FMP described in the the common pool vessels (non-sector preamble to this proposed rule and in vessels). This resulted in an additional Because cod usually represents a high the EA. 349,705 lb (158,624 kg) (46 percent of proportion of total fishing income for The Fixed Gear Sector fishermen and the Fixed Gear Sector’s FY 2007 cod Cape Cod-based fixed gear vessels, the Chatham, MA, and Harwichport, landings) being landed, rather than revenues for such vessel owners are MA, communities are dependent upon discarded. For some vessel owners in very sensitive to regulations that impact GB cod and other groundfish. The the Fixed Gear Sector, participation in how and when they can fish for cod, Amendment 13 restrictions that reduced the Fixed Gear Sector enables their such as trip limits and restrictions on the GB cod trip limit had a businesses to remain economically the number of hooks fished. Under the disproportionate affect on these viable. common pool rules implemented by FW fishermen. According to Amendment No other alternatives in addition to 42 (e.g., differential DAS counting) and 13, Chatham’s overall community the No Action and the proposed action Amendment 13 (restrictive daily trip dependence on NE multispecies as a were considered. The RFA requires each limits for cod), it is likely that Fixed percentage of total fisheries revenues IRFA to include a description of Gear Sector vessels would experience from federally permitted vessels significant alternatives that accomplish revenue losses in comparison to the averaged about 71–percent and it was the objectives of applicable statues (in proposed action. It is more likely under likely that at least some of the active this case, sector provisions) and the No Action alternative that groundfish vessels in Chatham and minimize any significant economic disruption to the Chatham/Harwichport Harwichport were even more than 71 impact to small entities. The objective of communities would occur. percent dependent on the NE sector management, as originally Description of the Projected Reporting, multispecies fishery. developed and implemented under Recordkeeping, and Other Compliance Cod, skate wings, and monkfish Amendment 13 to the FMP, is to Requirements of the Proposed Rule comprised the largest proportion of provide opportunities for like-minded Fixed Gear Sector landings (40.70 vessel operators to govern themselves so This proposed rule contains no percent, 23.62 percent, and 9.78 percent that they can operate in a more effective collection-of-information requirement respectively, in FY 2007). During FY and efficient manner. The Fixed Gear subject to the Paperwork Reduction Act. 2007, members of the Fixed Gear Sector Sector developed the proposed Regulations under the Magnuson- made 632 trips, landed 721,315 lb operations plan after consultation with Stevens Fishery Conservation and (327,183 kg) of cod, 418,679 lb (189,910 prospective members. Prospective Management Act require publication of kg) of skate wings, 173,270 lb (78,594 members then signed a binding sector this notification to provide interested kg) of whole monkfish, and 20,209 lb contract to abide by the measures parties the opportunity to comment on (9,167 kg) of monkfish tails, and specified in the proposed operations proposed sector operations plans and generated approximately $ 1,348,859; plan. As described above, the proposed TAC allocations. $ 230,273; $ 344,807; and $ 62,648 in operations plan minimizes economic Authority: 16 U.S.C. 1801 et seq. revenue from those species, respectively impacts to participating vessels by (assuming dockside prices of $ 1.87, $ allowing them to operate more Dated: February 6, 2009. 0.55, $ 1.99, and $ 3.10 per lb [$ 4.11, efficiently. Accordingly, the proposed Samuel D. Rauch, $ 1.21, $ 4.38 and $ 6.82 per kg], operations plan reflects the management Deputy Assistant Administrator For respectively). Fixed Gear Sector measures preferred by vessels Regulatory Programs, National Marine members also landed various other participating in the Fixed Gear Sector Fisheries Service. species, which increased their revenue. during FY 2009 and represents all of the [FR Doc. E9–3060 Filed 2–11–09; 8:45 am] In general, the operation of the Fixed significant alternatives that accomplish BILLING CODE 3510–22–S

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Notices Federal Register Vol. 74, No. 28

Thursday, February 12, 2009

This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: Prather, CA and the meeting on March contains documents other than rules or OMB No.: OMB 0412–0514. 11th will be held at the Sierra National proposed rules that are applicable to the Form No.: N/A. Forest Supervisor’s Office, 1600 public. Notices of hearings and investigations, Title: USAID Regulation 1—Rules and Tollhouse Rd., Clovis, CA. Send written committee meetings, agency decisions and Procedures Applicable to Commodity comments to Robbin Ekman. Fresno rulings, delegations of authority, filing of petitions and applications and agency Transactions Financed by USAID (22 County Resource Advisory Committee statements of organization and functions are CFR Part 201). Coordinator, c/o Sierra National Forest, examples of documents appearing in this Type of Review: Renewal of High Sierra Ranger District, 29688 section. information collection. Auberry Road, Prather, CA 93651 or Purpose: The U.S. Agency for electronically to [email protected]. International Development (USAID) FOR FURTHER INFORMATION CONTACT: AGENCY FOR INTERNATIONAL finances transactions under Commodity Robbin Ekman, Fresno County Resource DEVELOPMENT Import Programs and needs to assure Advisory Committee Coordinator, (559) that the transaction complies with 855–5355 ext. 3341. Notice of Public Information applicable statutory and regulatory SUPPLEMENTARY INFORMATION: Collections being Reviewed by the U.S. requirements. In order to assure The Agency for International Development; compliance and request refund when meeting is open to the public. Comments Requested appropriate, information is required Committee discussion is limited to from host country importers, suppliers Forest Service staff and Committee SUMMARY: U.S. Agency for International receiving USAID funds, and banks members. However, persons who wish Development (USAID) is making efforts making payments for USAID. to bring Payments to States Fresno to reduce the paperwork burden. USAID Annual Reporting Burden: County Title II project matters to the invites the general public and other Respondents: 20. attention of the Committee may file Federal agencies to take this Total annual responses: 40. written statements with the Committee opportunity to comment on the Total annual hours requested: 20. staff before or after the meeting. Agenda following proposed and/or continuing items to be covered include: (1) Changes information collections, as required by Dated: February 2, 2009. to Act, (2) Project submission and voting the Paperwork Reduction Act for 1995. Joanne Paskar, timelines, and (3) Review project Comments are requested concerning: (a) Chief, Information and Records Division, proposals. Office of Administrative Services, Bureau for Whether the proposed or continuing Dated: February 5, 2009. collections of information are necessary Management. Ray Porter, for the proper performance of the [FR Doc. E9–2842 Filed 2–11–09; 8:45 am] District Ranger. functions of the agency, including BILLING CODE 6116–01–M whether the information shall have [FR Doc. E9–2884 Filed 2–11–09; 8:45 am] practical utility; (b) the accuracy of the BILLING CODE 3410–11–M burden estimates; (c) ways to enhance DEPARTMENT OF AGRICULTURE the quality, utility, and clarity of the information collected; and (d) ways to Forest Service DEPARTMENT OF AGRICULTURE minimize the burden of the collection of Forest Service information on the respondents, Fresno County Resource Advisory Committee including the use of automated Notice of Idaho Panhandle Resource collection techniques or other forms of AGENCY: Forest Service, USDA. Advisory Committee Meeting information technology. ACTION: Notice of meeting. DATES: Submit comments on or before AGENCY: Forest Service, USDA. April 13, 2009. SUMMARY: The Fresno County Resource ACTION: Notice of meeting. ADDRESSES: Send comments via e-mail Advisory Committee will be meeting in SUMMARY: Pursuant to the authorities in at [email protected] or mail Prather, California on February 24th and the Federal Advisory Committee Act comments to: Kenneth Monsess, Clovis, California on March 11th. The (Pub. L. 92–463) and under the Secure Procurement Analyst, Office of purpose of these meetings will be to Rural Schools and Community Self- Acquisition and Assistance, United discuss the amended and reauthorized Determination Act of 2000 (Pub. L. 110– States Agency for International Secure Rural Schools and Community 343) the Idaho Panhandle National Development. Ronald Reagan Building, Self-Determination Act of 2000 (Pub. L. Forest’s Idaho 3 Panhandle Resource 1300 Pennsylvania Avenue, NW., 110–343) for expenditure of Payments to Advisory Committee will meet Friday, Washington, DC 20523 (202–712–4913). States Fresno County Title II funds and to begin accepting project applications. February 13, 2009 at 9:30 a.m. in Coeur FOR FURTHER INFORMATION CONTACT: d’Alene, Idaho for a business meeting. DATES: The meetings will he held on Beverly Johnson, Bureau for The business meeting is open to the February 24, 2009 from 6:30 p.m. to 8:30 Management, Office of Administrative public. Services, Information and Records p.m. in Prather, CA and March 11, 2009 Division, U.S. Agency for International from 6 p.m. to 9 p.m. in Clovis, CA. DATES: February 13, 2009. Development. Room 2.07–106, RRB, ADDRESSES: The meeting on February ADDRESSES: The meeting location is the Washington, DC, 20523, (202) 712–1365 24th will be held at the High Sierra Idaho Panhandle National Forests’ or via e-mail [email protected]. Ranger District, 29688 Auberry Rd., Supervisor’s Office, located at 3815

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Schreiber Way, Coeur d’Alene, Idaho •Overview of ACLG (Annual Catch •ACLG Report 83815. Limit Plan Development Group) Terms •National SSC Report of Reference (TOR) •Recommendations to the CFMC FOR FURTHER INFORMATION CONTACT: • • Ranotta K. McNair, Forest Supervisor Report from the SEDAR Caribbean SEDAR Report Data Evaluation Workshop (Dr. Todd •Other Business and Designated Federal Official, at (208) • 765–7369. Gedamke) Next Meeting Data Availability on Fisheries SUPPLEMENTARY INFORMATION: The Overfished and Undergoing Overfishing Special Accommodations meeting agenda will focus on reviewing and Other Fisheries The meetings are physically accomplishments for the past years and Data Availability for (1) USVI (St. accessible to people with disabilities. reviewing projects for funding during Thomas) (W. Tobias); (2) USVI (St. For more information or request for sign the business meeting. The public forum Croix) (W. Tobias); and (3) Puerto Rico language interpretation and/other begins at 1 p.m. (Daniel Matos) auxiliary aids, please contact Mr. Dated: February 5, 2009. SEDAR Summary Table on Miguel A. Rolon, Executive Director, Ranotta K. McNair, benchmarks and/or Overfishing Limit Caribbean Fishery Management Council, Advice 268 Munoz Rivera Avenue, Suite 1108, Forest Supervisor. • [FR Doc. E9–2937 Filed 2–11–09; 8:45 am] National SSC Meeting Report (Dr. J. San Juan, Puerto Rico 00918; telephone: Berkson) BILLING CODE 3410–11–M (787) 766–5926, at least 5 days prior to •Presentation on USVI Approach to the meeting date. ACLs (Dr. D. Olsen) Dated: February 9, 2009. 12 noon - 1:30 p.m. Lunch on your own Tracey L. Thompson, DEPARTMENT OF COMMERCE 1:30 p.m. - 5 p.m. Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. National Oceanic and Atmospheric • Review Ault and Appeldoorn Papers [FR Doc. E9–3011 Filed 2–11–09; 8:45 am] Administration (Presentation) •Other Business BILLING CODE 3510–22–S RIN: 0648–XN26 Recreational Fishing (G. Garcia- Moliner) DEPARTMENT OF COMMERCE Caribbean Fishery Management Monitoring of Regulations in Place (G. Council; Public Meetings Garcia-Moliner) National Oceanic and Atmospheric AGENCY: National Marine Fisheries February 24, 2009 Administration Service (NMFS), National Oceanic and RIN 0648–XN20 Atmospheric Administration (NOAA), 9 a.m. - 12 noon; 1:30 p.m. - 5 p.m. Commerce. 12 noon - 1:30 p.m. Lunch on your own Taking and Importing Marine ACTION: Notice of public meetings of the •Questions to Answer: Mammals; Taking Marine Mammals Annual Catch Limit Plan Development •USVI Group - (Leader: Todd Incidental to Space Vehicle and Test Group (ACLG) and Scientific and Gedamke) Flight Activities from Vandenberg Air Statistical Committee (SSC). St. Thomas/St. John Force Base, CA St. Croix AGENCY: SUMMARY: The Caribbean Fishery •PR Group - (Leader: Noemi Pena) National Marine Fisheries Management Council will hold meetings Service, National Oceanic and of its ACLG and SSC. February 25, 2009 Atmospheric Administration, DATES: The ACLG will meet on February 9 a.m. - 5 p.m. Commerce. 23–25, 2009, and the SSC will meet on ACTION: Notice of issuance of a Letter of 12 noon - 1:30 p.m. Lunch on your own February 26–27, 2009. Both meetings Authorization. will be held at the Embassy Suites •Report from USVI (Dr. Todd Hotel, located at 8080 Tartak St., Isla Gedamke) SUMMARY: In accordance with the Verde, Carolina, Puerto Rico 00979. •Report from Puerto Rico (Ms. Noemi Marine Mammal Protection Act Pena) (MMPA), as amended, and FOR FURTHER INFORMATION CONTACT: • implementing regulations, notification Caribbean Fishery Management Council, Determination of ACLs and AMs By Fishery (SFA Units: Groupers Unit is hereby given that a letter of 268 Munoz Rivera Avenue, Suite 1108, 4, Parrotfishes, Queen Conch, etc.) authorization (LOA) has been issued to San Juan, Puerto Rico 00918; telephone: By Species the 30th Space Wing, U.S. Air Force, to (787) 766–5926. By Area take four species of seals and sea lions SUPPLEMENTARY INFORMATION: The ACLG By Gear incidental to rocket and missile will meet to discuss the items contained •Recommendations to the SSC (TORs) launches on Vandenberg Air Force Base in the following agenda: •Other Business (VAFB), California, a military readiness • February 23, 2009 Next Meeting activity.DATES: Effective February 7, The SSC will meet to discuss the 2009, through February 6, 2010. 9:30 a.m. - 12 noon items contained in the following ADDRESSES: The LOA and supporting •Call to Order agenda: documentation are available for review •Welcome (Mr. E. Pineiro-Soler, February 26–27, 2009 by writing to P. Michael Payne, Chief, CFMC Chair) Permits, Conservation, and Education •Introduction and Overview (Mr. 9:30 a.m. - 5 p.m. Division, Office of Protected Resources, Miguel A. Rolon, CFMC Executive •Call to Order National Marine Fisheries Service Director) •Annual Catch Limits(ACL)/ (NMFS), 1315 East-West Highway, •Final Guidelines Update (Dr. Andy Accountability Measures(AM)Final Silver Spring, MD 20910–3225 or by Strelcheck) Guidelines - Andy Strelcheck telephoning one of the contacts listed

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below (FOR FURTHER INFORMATION during missile and rocket launches at comprehensive report, which will CONTACT). Documents cited in this VAFB. summarize all previous reports and notice may be viewed, by appointment, This LOA is effective from February 7, assess cumulative impacts, will be during regular business hours, at the 2009, through February 6, 2010, and submitted before the rule expires. This aforementioned address and at the authorizes the incidental take of the four LOA will be renewed annually based on Southwest Regional Office, NMFS, 501 marine mammal species listed above review of the annual monitoring report. that may result from the launching of up West Ocean Boulevard, Suite 4200, Dated: February 6, 2009. Long Beach, CA 90802. to 30 space and missile vehicles and up to 20 rockets annually from VAFB, as Angela Somma, FOR FURTHER INFORMATION CONTACT: Acting Director, Office of Protected Resources, Candace Nachman, Office of Protected well as from aircraft and helicopter operations. Harbor seals haul-out on National Marine Fisheries Service. Resources, NMFS, (301) 713–2289 ext. [FR Doc. E9–3043 Filed 2–11–09; 8:45 am] 156, or Monica DeAngelis, NMFS, (562) several sites on VAFB, and harbor seals, BILLING CODE 3510–22–S 980–3232. California sea lions, elephant seals, and northern fur seals are found on various SUPPLEMENTARY INFORMATION: haul-out sites and rookeries on San Background Miguel Island. Currently, six space DEPARTMENT OF DEFENSE launch vehicle programs use VAFB to Section 101(a)(5)(A) of the MMPA (16 launch satellites into polar orbit: Delta Department of the Navy U.S.C. 1361 et seq.) directs the National II, Taurus, Atlas V, Delta IV, Falcon, and Marine Fisheries Service (NMFS) to Notice of Partially Closed Meeting of Minotaur. Also a variety of small allow, upon request, the incidental, but the U.S. Naval Academy Board of missiles, several types of interceptor not intentional, taking of small numbers Visitors and target vehicles, and fixed-wing of marine mammals by U.S. citizens aircrafts are launched from VAFB. AGENCY: who engage in a specified activity (other Department of the Navy, DoD. The activities under these regulations ACTION: Notice. than commercial fishing) within a create two types of noise: continuous specified geographical region if certain (but short-duration) noise, due mostly to SUMMARY: The U.S. Naval Academy findings are made and regulations are combustion effects of aircraft and Board of Visitors will meet to make such issued. Under the MMPA, the term ≥ ≥ launch vehicles, and impulsive noise, inquiry, as the Board shall deem taking means to harass, hunt, capture, due to sonic boom effects. Launch necessary into the state of morale and or kill or to attempt to harass, hunt, operations are the major source of noise discipline, the curriculum, instruction, capture, or kill marine mammals. on the marine environment from VAFB. physical equipment, fiscal affairs, and Authorization may be granted for The operation of launch vehicle engines academic methods of the Naval periods up to 5 years if NMFS finds, produces significant sound levels. The Academy. The executive session of this after notification and opportunity for noise generated by VAFB activities will meeting will include discussions of the public comment, that the taking will result in the incidental harassment of personnel issues at the Naval Academy, have a negligible impact on the species pinnipeds, both behaviorally and in the disclosure of which would or stock(s) of marine mammals and will terms of physiological (auditory) constitute a clearly unwarranted not have an unmitigable adverse impact impacts. The noise and visual invasion of personal privacy. The on the availability of the species or disturbances from space launch vehicle executive session of this meeting will be stock(s) for subsistence uses. In and missile launches and aircraft and closed to the public. addition, NMFS must prescribe helicopter operations may cause the The discussion of such information regulations that include permissible animals to move towards or enter the would be exempt from public disclosure methods of taking and other means water. Take of pinnipeds will be as set forth in section 552b(c)(5), (6), effecting the least practicable adverse minimized through implementation of and (7) of title 5, United States Code. impact on the species and its habitat the following mitigation measures: (1) For this reason, the executive session of and on the availability of the species for all aircraft and helicopter flight paths this meeting will be closed to the subsistence uses, paying particular must maintain a minimum distance of public. attention to rookeries, mating grounds, 1,000 ft (305 m) from recognized seal and areas of similar significance. The DATES: The open session of the meeting haul-outs and rookeries; (2) missile and will be held on Monday, March 2, 2009, regulations must include requirements rocket launches must, whenever from 8 a.m. to 11 a.m. The closed for monitoring and reporting of such possible, not be conducted during the Executive Session will be held from 11 taking. harbor seal pupping season of March a.m. to 12 p.m. Regulations governing the taking of through June; (3) VAFB must avoid, Pacific harbor seals (Phoca vitulina whenever possible, launches which are ADDRESSES: The meeting will be held in richardsi), northern elephant seals predicted to produce a sonic boom on Bo Coppedge Room, Alumni Hall, U.S. (Mirounga angustirostris), California sea the Northern Channel Islands during the Naval Academy, Annapolis, MD. The lions (Zalophus californianus), and primary pinniped pupping seasons of meeting will be handicap accessible. northern fur seals (Callorhinus ursinus), March through June; and (4) monitoring FOR FURTHER INFORMATION CONTACT: by harassment, incidental to missile and methods will be reviewed by NMFS if Lieutenant Commander David S. rocket launches, aircraft flight test post-launch surveys determine that an Forman, USN, Executive Secretary to operations, and helicopter operations at injurious or lethal take of a marine the Board of Visitors, Office of the VAFB, were issued on February 6, 2009 mammal occurred. VAFB will also use Superintendent, U.S. Naval Academy, (74 FR 6236), and remain in effect until monitoring surveys, audio-recording Annapolis, MD 21402–5000, telephone: February 6, 2014. For detailed equipment, and time-lapse video to 410–293–1503. information on this action, please refer monitor the animals before, during, and SUPPLEMENTARY INFORMATION: This to that document. These regulations after rocket launches, and to measure notice of meeting is provided per the include mitigation, monitoring, and sound levels generated by the launches. Federal Advisory Committee Act, as reporting requirements for the Reports will be submitted to NMFS after amended (5 U.S.C. App.). The executive incidental take of marine mammals each LOA expires, and a final session of the meeting will consist of

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discussions of personnel issues at the with any agency’s ability to perform its deaf (TDD) may call the Federal Naval Academy. The proposed closed statutory obligations. The Director, Information Relay Service (FIRS) at 1– session from 11 a.m. to 12 p.m. will Regulatory Information Management 800–877–8339. include a discussion of new and Services, Office of Management, [FR Doc. E9–3061 Filed 2–11–09; 8:45 am] pending administrative/minor publishes that notice containing BILLING CODE 4000–01–P disciplinary infractions and nonjudicial proposed information collection punishments involving the Midshipmen requests prior to submission of these attending the Naval Academy to include requests to OMB. Each proposed DEPARTMENT OF EDUCATION but not limited to individual honor/ information collection, grouped by conduct violations within the Brigade. office, contains the following: (1) Type Notice of Proposed Information Discussion of such information cannot of review requested, e.g., new, revision, Collection Requests be adequately segregated from other extension, existing or reinstatement; (2) AGENCY: Department of Education. topics, which precludes opening the Title; (3) Summary of the collection; (4) SUMMARY: The Director, Information executive session of this meeting to the Description of the need for, and Collection Clearance Division, public. proposed use of, the information; (5) Regulatory Information Management Accordingly, the Secretary of the Respondents and frequency of Services, Office of Management, invites Navy has determined in writing that the collection; and (6) Reporting and/or comments on the proposed information meeting shall be partially closed to the Recordkeeping burden. OMB invites collection requests as required by the public because it will be concerned with public comment. Paperwork Reduction Act of 1995. matters listed in sections 552b(c)(5), and Dated: February 9, 2009. DATES: Interested persons are invited to (7) of title 5, United States Code. Angela C. Arrington, submit comments on or before April 13, Dated: February 5, 2009. Director, IC Clearance Official, Regulatory 2009. A.M. Vallandingham, Information Management Services, Office of SUPPLEMENTARY INFORMATION: Section Lieutenant Commander, Judge Advocate Management. 3506 of the Paperwork Reduction Act of General’s Corps, U.S. Navy, Federal Register Office of the Secretary 1995 (44 U.S.C. Chapter 35) requires Liaison Officer. that the Office of Management and [FR Doc. E9–3001 Filed 2–11–09; 8:45 am] Type of Review: Extension. Budget (OMB) provide interested BILLING CODE 3810–FF–P Title: Survey on Ensuring Equal Federal agencies and the public an early Opportunity for Applicants. opportunity to comment on information Frequency: Annually. collection requests. OMB may amend or DEPARTMENT OF EDUCATION Affected Public: Businesses or other waive the requirement for public for-profit; Not-for-profit institutions. consultation to the extent that public Submission for OMB Review; Reporting and Recordkeeping Hour participation in the approval process Comment Request Burden: would defeat the purpose of the Responses: 18,800. AGENCY: Department of Education. information collection, violate State or Burden Hours: 1,504. Federal law, or substantially interfere SUMMARY: The Director, Information Abstract: To ensure equal opportunity with any agency’s ability to perform its Collection Clearance Division, for all applicants including community- Regulatory Information Management statutory obligations. The Director, based, faith-based and religious groups. Regulatory Information Management Services, Office of Management invites It is essential to collect information that Services, Office of Management, comments on the submission for OMB allows Federal agencies to determine publishes that notice containing review as required by the Paperwork the level of participation of such proposed information collection Reduction Act of 1995. organizations in Federal grant programs requests prior to submission of these DATES: Interested persons are invited to while ensuring that such information is requests to OMB. Each proposed submit comments on or before March not used in grant-making decisions. information collection, grouped by 16, 2009. Requests for copies of the information office, contains the following: (1) Type ADDRESSES: Written comments should collection submission for OMB review of review requested, e.g., new, revision, be addressed to the Office of may be accessed from http:// extension, existing or reinstatement; (2) Information and Regulatory Affairs, edicsweb.ed.gov, by selecting the Title; (3) Summary of the collection; (4) Attention: Education Desk Officer, ‘‘Browse Pending Collections’’ link and Description of the need for, and Office of Management and Budget, 725 by clicking on link number 3857. When proposed use of, the information; (5) 17th Street, NW., Room 10222, New you access the information collection, Respondents and frequency of Executive Office Building, Washington, click on ‘‘Download Attachments’’ to collection; and (6) Reporting and/or DC 20503 or faxed to (202) 395–6974. view. Written requests for information Recordkeeping burden. OMB invites SUPPLEMENTARY INFORMATION: Section should be addressed to U.S. Department public comment. 3506 of the Paperwork Reduction Act of of Education, 400 Maryland Avenue, The Department of Education is 1995 (44 U.S.C. Chapter 35) requires SW., LBJ, Washington, DC 20202–4537. especially interested in public comment that the Office of Management and Requests may also be electronically addressing the following issues: (1) Is Budget (OMB) provide interested mailed to the Internet address this collection necessary to the proper Federal agencies and the public an early [email protected] or faxed to 202– functions of the Department; (2) will opportunity to comment on information 401–0920. Please specify the complete this information be processed and used collection requests. OMB may amend or title of the information collection when in a timely manner; (3) is the estimate waive the requirement for public making your request. of burden accurate; (4) how might the consultation to the extent that public Comments regarding burden and/or Department enhance the quality, utility, participation in the approval process the collection activity requirements and clarity of the information to be would defeat the purpose of the should be electronically mailed to collected; and (5) how might the information collection, violate State or [email protected]. Individuals who Department minimize the burden of this Federal law, or substantially interfere use a telecommunications device for the collection on the respondents, including

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through the use of information DEPARTMENT OF EDUCATION Affected Public: Businesses or other technology. for-profit; State, Local, or Tribal Gov’t, Submission for OMB Review; Dated: February 9, 2009. SEAs or LEAs. Comment Request Angela C. Arrington, Reporting and Recordkeeping Hour Burden: AGENCY: Department of Education. Director, Information Collections Clearance Responses: 58. Division, Regulatory Information SUMMARY: The Director, Information Management Services, Office of Management. Burden Hours: 9. Collection Clearance Division, Abstract: The Lender’s Application Institute of Education Sciences Regulatory Information Management Process is submitted by lenders who are Services, Office of Management invites eligible for reimbursement of interest Type of Review: Extension. comments on the submission for OMB Title: An Impact Evaluation of a and special allowance, as well as review as required by the Paperwork Federal Insured Student Loan (FISL) School-Based Violence Prevention Reduction Act of 1995. Program. claims payment, under the Federal DATES: Interested persons are invited to Family Education Loan Program. The Frequency: Semi-Annually and submit comments on or before March Annually. information will be used by ED to 16, 2009. update Lender Indentification Numbers Affected Public: Individuals or ADDRESSES: Written comments should (LID’s), lenders names, addresses with 9 household; State, Local, or Tribal Gov’t, be addressed to the Office of digit zip codes and other pertinent SEAs or LEAs. Information and Regulatory Affairs, information. Reporting and Recordkeeping Hour Attention: Education Desk Officer, Requests for copies of the information Burden: Office of Management and Budget, 725 collection submission for OMB review Responses: 13,867. 17th Street, NW., Room 10222, New may be accessed from http:// Burden Hours: 15,599. Executive Office Building, Washington, edicsweb.ed.gov, by selecting the Abstract: This is a request to extend DC 20503 or faxed to (202) 395–6974. ‘‘Browse Pending Collections’’ link and by six months the expiration date for the SUPPLEMENTARY INFORMATION: Section by clicking on link number 3917. When data collection instruments for the 3506 of the Paperwork Reduction Act of you access the information collection, Impact Evaluation of a School-Based 1995 (44 U.S.C. Chapter 35) requires click on ‘‘Download Attachments’’ to Violence Prevention Program so that that the Office of Management and view. Written requests for information data collection can be completed. Both Budget (OMB) provide interested should be addressed to U.S. Department a curriculum-based program and a Federal agencies and the public an early of Education, 400 Maryland Avenue, whole-school program are being opportunity to comment on information SW., LBJ, Washington, DC 20202–4537. implemented together so that the impact collection requests. OMB may amend or Requests may also be electronically of a hybrid model of school-based waive the requirement for public mailed to the Internet address violence prevention can be tested, as consultation to the extent that public [email protected] or faxed to 202– was recommended by experts in the participation in the approval process 401–0920. Please specify the complete field of school-based violence would defeat the purpose of the title of the information collection when prevention. The beginning of data information collection, violate State or making your request. collection was delayed due to difficulty Federal law, or substantially interfere Comments regarding burden and/or in site recruitment. The extension will with any agency’s ability to perform its the collection activity requirements allow the contractor to complete the statutory obligations. The IC Clearance should be electronically mailed to third and final year of data collection. Official, Regulatory Information [email protected]. Individuals who Requests for copies of the proposed Management Services, Office of use a telecommunications device for the information collection request may be Management, publishes that notice deaf (TDD) may call the Federal accessed from http://edicsweb.ed.gov, containing proposed information Information Relay Service (FIRS) at by selecting the ‘‘Browse Pending collection requests prior to submission 1–800–877–8339. Collections’’ link and by clicking on of these requests to OMB. Each link number 3941. When you access the [FR Doc. E9–3063 Filed 2–11–09; 8:45 am] proposed information collection, BILLING CODE 4000–01–P information collection, click on grouped by office, contains the ‘‘Download Attachments’’ to view. following: (1) Type of review requested, Written requests for information should e.g., new, revision, extension, existing DEPARTMENT OF EDUCATION be addressed to U.S. Department of or reinstatement; (2) Title; (3) Summary Education, 400 Maryland Avenue, SW., of the collection; (4) Description of the Submission for OMB Review; LBJ, Washington, DC 20202–4537. need for, and proposed use of, the Comment Request Requests may also be electronically information; (5) Respondents and AGENCY: Department of Education. mailed to [email protected] or faxed frequency of collection; and (6) to 202–401–0920. Please specify the Reporting and/or Recordkeeping SUMMARY: The Director, Information complete title of the information burden. OMB invites public comment. Collection Clearance Division, collection when making your request. Regulatory Information Management Comments regarding burden and/or Dated: February 9, 2009. Services, Office of Management invites the collection activity requirements Angela C. Arrington, comments on the submission for OMB should be electronically mailed to Director, IC Clearance Official, Regulatory review as required by the Paperwork [email protected]. Individuals who Information Management Services, Office of Reduction Act of 1995. Management. use a telecommunications device for the DATES: Interested persons are invited to deaf (TDD) may call the Federal Federal Student Aid submit comments on or before March Information Relay Service (FIRS) 16, 2009. at 1–800–877–8339. Type of Review: Extension. Title: Lender Application Process ADDRESSES: Written comments should [FR Doc. E9–3062 Filed 2–11–09; 8:45 am] (LAP). be addressed to the Office of BILLING CODE 4000–01–P Frequency: On Occasion. Information and Regulatory Affairs,

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Attention: Education Desk Officer, services to eligible individuals with Commission issue an order delaying the Office of Management and Budget, 725 disabilities to protect their legal and effectiveness of Westar’s Notice of 17th Street, NW., Room 10222, New human rights. RSA uses the form to Termination of an agreement between Executive Office Building, Washington, meet specific data collection itself and City of Arma and an order DC 20503 or faxed to (202) 395–6974. requirements of Section 509 of the directing Westar to adopt just and SUPPLEMENTARY INFORMATION: Section Rehabilitation Act of 1973, as amended reasonable rates, terms and conditions 3506 of the Paperwork Reduction Act of (the act), and its implementing Federal for the provision of service by Westar to 1995 (44 U.S.C. Chapter 35) requires regulations at 34 CFR Part 381. PAIR the City of Arma. that the Office of Management and programs must report annually using Any person desiring to intervene or to Budget (OMB) provide interested the form, which is due on or before protest this filing must file in Federal agencies and the public an early December 30 each year. Form RSA–509 opportunity to comment on information has enabled RSA to furnish the accordance with Rules 211 and 214 of collection requests. OMB may amend or President and Congress with data on the the Commission’s Rules of Practice and waive the requirement for public provision of protection and advocacy Procedure (18 CFR 385.211, 385.214). consultation to the extent that public services and has helped to establish a Protests will be considered by the participation in the approval process sound basis for future funding requests. Commission in determining the would defeat the purpose of the These data also have been used to appropriate action to be taken, but will information collection, violate State or indicate trends in the provision of not serve to make protestants parties to Federal law, or substantially interfere services from year-to-year. the proceeding. Any person wishing to with any agency’s ability to perform its Requests for copies of the information become a party must file a notice of statutory obligations. The Director, collection submission for OMB review intervention or motion to intervene, as Information Collection Clearance may be accessed from http:// appropriate. The Respondent’s answer Division, Regulatory Information edicsweb.ed.gov, by selecting the and all interventions, or protests must Management Services, Office of ‘‘Browse Pending Collections’’ link and be filed on or before the comment date. Management, publishes that notice by clicking on link number 3912. When The Respondent’s answer, motions to containing proposed information you access the information collection, intervene, and protests must be served collection requests prior to submission click on ‘‘Download Attachments’’ to on the Complainant. of these requests to OMB. Each view. Written requests for information The Commission encourages proposed information collection, should be addressed to U.S. Department electronic submission of protests and grouped by office, contains the of Education, 400 Maryland Avenue, following: (1) Type of review requested, SW., LBJ, Washington, DC 20202–4537. interventions in lieu of paper using the e.g. new, revision, extension, existing or Requests may also be electronically ‘‘eFiling’’ link at http://www.ferc.gov. reinstatement; (2) Title; (3) Summary of mailed to the Internet address Persons unable to file electronically the collection; (4) Description of the [email protected] or faxed to 202– should submit an original and 14 copies need for, and proposed use of, the 401–0920. Please specify the complete of the protest or intervention to the information; (5) Respondents and title of the information collection when Federal Energy Regulatory Commission, frequency of collection; and (6) making your request. 888 First Street, NE., Washington, DC Reporting and/or Recordkeeping Comments regarding burden and/or 20426. burden. OMB invites public comment. the collection activity requirements This filing is accessible on-line at should be electronically mailed to Dated: February 6, 2009. http://www.ferc.gov, using the [email protected]. Individuals who ‘‘eLibrary’’ link and is available for Angela C. Arrington, use a telecommunications device for the review in the Commission’s Public Director, Information Collections Clearance deaf (TDD) may call the Federal Reference Room in Washington, DC. Division, Regulatory Information Information Relay Service (FIRS) at Management Services, Office of Management. 1–800–877–8339. There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to Office of Special Education and [FR Doc. E9–3064 Filed 2–11–09; 8:45 am] Rehabilitative Services receive e-mail notification when a BILLING CODE 4000–01–P document is added to a subscribed Type of Review: Extension. docket(s). For assistance with any FERC Title: Annual Protection and Online service, please e-mail Advocacy of Individual Rights (PAIR) DEPARTMENT OF ENERGY [email protected], or call Program Performance Report. (866) 208–3676 (toll free). For TTY, call Frequency: Annually. Federal Energy Regulatory (202) 502–8659. Affected Public: Not-for-profit Commission institutions; State, Local, or Tribal Comment Date: 5 p.m. Eastern Time Gov’t, SEAs or LEAs. [Docket No. EL09–33–000] on Friday, February 13, 2009. Reporting and Recordkeeping Hour City of Arma, Kansas, Complainant v. Burden: Kimberly D. Bose, Westar Energy, Inc., Respondent; Secretary. Responses: 57. Notice of Complaint Burden Hours: 912. [FR Doc. E9–2962 Filed 2–11–09; 8:45 am] Abstract: The Annual Protection and February 5, 2009. BILLING CODE 6717–01–P Advocacy of Individual Rights (PAIR) Take notice that on February 3, 2009, Program Performance Report (Form pursuant to section 206 of the Federal Rehabilitative Services Administration Power Act, 16 U.S.C. 824e, and Rule 206 (RSA)–509) will be used to analyze and of the Commission’s Rules of Practice evaluate the effectiveness of eligible and Procedure, 18 CFR 385.206, the City systems within individual states in of Arma, Kansas (City of Arma) filed a meeting annual priorities and formal complaint against Westar Energy, objectives. These systems provide Inc. (Westar) requesting that the

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY docket(s). For assistance with any FERC Online service, please e-mail Federal Energy Regulatory Federal Energy Regulatory [email protected]. or call Commission Commission (866) 208–3676 (toll free). For TTY, call [Docket No. ER09–553–000] (202) 502–8659. [Project No. 2244–022] Kimberly D. Bose, Vista Energy Marketing, LP; Energy Northwest; Notice of Supplemental Notice That Initial Secretary. Availability of Draft Environmental Market-Based Rate Filing Includes [FR Doc. E9–2963 Filed 2–11–09; 8:45 am] Assessment Request for Blanket Section 204 BILLING CODE 6717–01–P Authorization February 5, 2009. In accordance with the National February 5, 2009. DEPARTMENT OF ENERGY Environmental Policy Act (NEPA) of This is a supplemental notice in the Federal Energy Regulatory 1969 and the Federal Energy Regulatory above-referenced proceeding of Vista Commission Commission’s (Commission) Energy Marketing, LP’s application for regulations, 18 CFR Part 380 (Order No. market-based rate authority, with an [Docket No. RM98–1–000] 486, 52 FR 47879), the Office of Energy accompanying rate tariff, noting that Projects has reviewed the application such application includes a request for Records Governing Off-the-Record for a new major license for the blanket authorization, under 18 CFR Communications; Public Notice Part 34, of future issuances of securities Packwood Lake Hydroelectric Project February 5, 2009. (project), located on Lake Creek in and assumptions of liability. Any person desiring to intervene or to This constitutes notice, in accordance Lewis County, Washington, and has with 18 CFR 385.2201(b), of the receipt prepared a draft Environmental protest should file with the Federal Energy Regulatory Commission, 888 of prohibited and exempt off-the-record Assessment (EA). In the draft EA, communications. Commission staff analyze the potential First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 Order No. 607 (64 FR 51222, environmental effects of licensing the September 22, 1999) requires project and conclude that issuing a of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and Commission decisional employees, who license for the project, with appropriate make or receive a prohibited or exempt environmental measures, would not 385.214). Anyone filing a motion to intervene or protest must serve a copy off-the-record communication relevant constitute a major federal action to the merits of a contested proceeding, significantly affecting the quality of the of that document on the Applicant. Notice is hereby given that the to deliver to the Secretary of the human environment. deadline for filing protests with regard Commission, a copy of the A copy of the draft EA is on file with to the applicant’s request for blanket communication, if written, or a the Commission and is available for authorization, under 18 CFR Part 34, of summary of the substance of any oral public inspection. The draft EA may future issuances of securities and communication. also be viewed on the Commission’s assumptions of liability, is February 25, Prohibited communications are Web site at http://www.ferc.gov using 2009. included in a public, non-decisional file the ‘‘eLibrary’’ link. Enter the docket The Commission encourages associated with, but not a part of, the number excluding the last three digits in electronic submission of protests and decisional record of the proceeding. the docket number field to access the interventions in lieu of paper, using the Unless the Commission determines that document. For assistance, contact FERC FERC Online links at http:// the prohibited communication and any Online Support at www.ferc.gov. To facilitate electronic responses thereto should become a part [email protected] or toll- service, persons with Internet access of the decisional record, the prohibited free at 1–866–208–3676, or for TTY, who will eFile a document and/or be off-the-record communication will not (202) 502–8659. listed as a contact for an intervenor be considered by the Commission in Any comments should be filed within must create and validate an reaching its decision. Parties to a 30 days from the issuance date of this eRegistration account using the proceeding may seek the opportunity to notice, and should be addressed to the eRegistration link. Select the eFiling respond to any facts or contentions Secretary, Federal Energy Regulatory link to log on and submit the made in a prohibited off-the-record Commission, 888 First Street, NE., intervention or protests. communication, and may request that Room 1–A, Washington, DC 20426. Persons unable to file electronically the Commission place the prohibited Please affix ‘‘Packwood Lake should submit an original and 14 copies communication and responses thereto Hydroelectric Project No. 2244–022’’ to of the intervention or protest to the in the decisional record. The all comments. Comments may be filed Federal Energy Regulatory Commission, Commission will grant such a request electronically via Internet in lieu of 888 First St. NE., Washington, DC only when it determines that fairness so paper. The Commission strongly 20426. requires. Any person identified below as encourages electronic filings (See 18 The filings in the above-referenced having made a prohibited off-the-record CFR 385.2001(a)(1)(iii) and the proceeding are accessible in the communication shall serve the instructions on the Commission’s Web Commission’s eLibrary system by document on all parties listed on the site under the ‘‘eFiling’’ link). For clicking on the appropriate link in the official service list for the applicable further information, contact Kenneth above list. They are also available for proceeding in accordance with Rule Hogan at (202) 502–8434. review in the Commission’s Public 2010, 18 CFR 385.2010. Reference Room in Washington, DC. Exempt off-the-record Kimberly D. Bose, There is an eSubscription link on the communications are included in the Secretary. Web site that enables subscribers to decisional record of the proceeding, [FR Doc. E9–2964 Filed 2–11–09; 8:45 am] receive e-mail notification when a unless the communication was with a BILLING CODE 6717–01–P document is added to a subscribed cooperating agency as described by 40

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CFR 1501.6, made under 18 CFR ascending order. These filings are docket number field to access the 385.2201(e)(1)(v). available for review at the Commission document. For assistance, please contact The following is a list of off-the- in the Public Reference Room or may be FERC, Online Support at record communications recently viewed on the Commission’s Web site at [email protected] or toll received by the Secretary of the http://www.ferc.gov using the eLibrary free at (866) 208–3676, or for TTY, Commission. The communications link. Enter the docket number, contact (202) 502–8659. listed are grouped by docket numbers in excluding the last three digits, in the

Docket No. File date Presenter or requester

Prohibited:

1. CP08–15–000 ...... 1–29–09 Clearville Landowner Group.1 2. CP08–15–000 ...... 1–29–09 Sandra K. McDaniel.2 3. CP08–15–000 ...... 1–29–09 Paul and Helen Stup.3

Exempt:

1. P–1971–079 ...... 1–29–09 Jeffery L. Foss. 1 E-mail submittal from Michael and Christine Bernard, et al. 2 E-mail submittal. 3 E-mail submittal.

Kimberly D. Bose, renewable sources. This growth in to 202–208–2106 with the required Secretary. variable renewable generation could accommodations. [FR Doc. E9–2961 Filed 2–11–09; 8:45 am] create new challenges for grid and For more information about this BILLING CODE 6717–01–P market operators with regard to costs conference, please contact: Sarah and reliability. The agenda for this McKinley at [email protected], conference will be published at a later (202) 502–8368. DEPARTMENT OF ENERGY time. Kimberly D. Bose, Those wishing to participate as a Federal Energy Regulatory Secretary. panelist should submit a request form Commission [FR Doc. E9–2965 Filed 2–11–09; 8:45 am] located at https://www.ferc.gov/whats- [Docket No. AD09–4–000] new/registration/weg-03-02-09-speaker- BILLING CODE 6717–01–P form.asp by the close of business on Integrating Renewable Resources Into Friday, February 13, 2009. the Wholesale Electric Grid; Notice of ENVIRONMENTAL PROTECTION A free webcast of this event is Technical Conference AGENCY available through http://www.ferc.gov. February 5, 2009. Anyone with Internet access who [AMS–FRL–8772–7] Take notice that the Federal Energy desires to view this event can do so by Regulatory Commission will hold a navigating to the Calendar of Events at California State Motor Vehicle technical conference on March 2, 2009, http://www.ferc.gov and locating this Pollution Control Standards; from 9 a.m. to 5 p.m. (EST) in the event in the Calendar. The event will Greenhouse Gas Regulations; Commission Meeting Room at the contain a link to its webcast. The Reconsideration of Previous Denial of Federal Energy Regulatory Commission, Capitol Connection provides technical a Waiver of Preemption support for the free webcasts. It also 888 First Street, NE., Washington, DC AGENCY: Environmental Protection 20426. The conference will be open for offers access to this event via television Agency (EPA). the public to attend and advance in the Washington, DC area and via ACTION: Notice for public hearing and registration is not required. Members of phone-bridge for a fee. If you have any comment. the Commission will attend and questions, visit http:// participate in the conference. www.CapitolConnection.org or contact SUMMARY: The Clean Air Act preempts The purpose of this conference is to Danelle Perkowski or David Reininger at States from adopting emission standards seek information on the challenges (703) 993–3100. for new motor vehicles and motor posed by integration of large amounts of Transcripts of the conference will be vehicle engines but requires EPA to variable renewable generation into available immediately for a fee from Ace waive this preemption for California wholesale markets and grids as well as Reporting Company (202–347–3700 or unless EPA makes certain findings. on innovative solutions to these 1–800–336–6646). They will be Acting at the direction of the California challenges. The Commission previously available for free on the Commission’s legislature, the California Air Resources dealt with the technical differences of eLibrary system and on the Calendar of Board (CARB) adopted greenhouse gas wind power from other forms of Events approximately one week after the emission regulations for passenger cars, generation in 2005, when the conference. light-duty trucks and medium-duty Commission issued Order No. 661.1 Commission conferences are passenger vehicles beginning with the The Commission anticipates accessible under section 508 of the 2009 model year. By letter dated significant additions of wind generation Rehabilitation Act of 1973. For December 21, 2005, CARB submitted a as well as generation from other variable accessibility accommodations, please request that EPA grant a waiver for these 1 Interconnection for Wind Energy, Order No. 661, send an e-mail to [email protected] regulations. EPA denied this request on FERC Stats. & Regs. ¶ 31,186, order on reh’g, Order or call toll free 1–866–208–3372 (voice) March 6, 2008. EPA believes that there No. 661–A, FERC Stats. & Regs. ¶ 31,198 (2005). or (202) 208–1659 (TTY), or send a FAX are significant issues regarding the

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Agency’s denial of the waiver. The consider to be CBI or otherwise Conference Center, 2777 Crystal Drive, denial was a substantial departure from protected through http:// Room S–1204, Arlington, VA 22202. EPA’s longstanding interpretation of the www.regulations.gov or e-mail. The FOR FURTHER INFORMATION CONTACT: Clean Air Act’s waiver provisions and http://www.regulations.gov Web site is David Dickinson, Compliance and the history of granting waivers to an ‘‘anonymous access’’ system, which Innovative Strategies Division (6405J), California for its new motor vehicle means EPA will not know your identity U.S. Environmental Protection Agency, emission program. Many different or contact information unless you 1200 Pennsylvania Ave., NW, parties—including California, States provide it in the body of your comment. Washington, DC 20460. Telephone: that have adopted or are interested in If you send an e-mail comment directly (202) 343–9256, Fax: (202) 343–2804, adopting California’s standards, to EPA without going through http:// e-mail address: members of Congress, scientists, and www.regulations.gov your e-mail [email protected]. other stakeholders—have expressed address will be automatically captured similar concerns about the denial of the and included as part of the comment SUPPLEMENTARY INFORMATION: Section waiver. EPA believes there is merit to that is placed in the public docket and 209(a) of the Clean Air Act, as amended reconsidering its decision denying made available on the Internet. If you (‘‘Act’’), 42 U.S.C. 7543(a), generally California’s waiver. Therefore, this submit an electronic comment, EPA preempts State standards relating to the Federal Register notice initiates such recommends that you include your control of emissions from new motor reconsideration, and announces a public name and other contact information in vehicles and new motor vehicle engines. hearing concerning California’s request the body of your comment and with any As an exception to this general and a re-opening of the written disk or CD–ROM you submit. If EPA preemption, section 209(b) of the Act comment period. cannot read your comment due to requires the Administrator of EPA to DATES: A public hearing concerning this technical difficulties and cannot contact waive application of the section 209(a) reconsideration will be held on March you for clarification, EPA may not be preemption to California provided 5, 2009, beginning at 9:30 a.m. Any able to consider your comment. certain criteria, as noted below, are met. party planning to present oral testimony Electronic files should avoid the use of Other States may adopt California’s should notify EPA by March 2, 2009, special characters, any form of standards if they meet certain statutory expressing its interest. Any party may encryption, and be free of any defects or criteria in doing so. 42 U.S.C. 7507. submit written comments by April 6, viruses. Docket: All documents in the Section 209(b) of the Act requires the 2009. docket are listed in the http:// Administrator, after notice and www.regulations.gov index. Although opportunity for public hearing, to grant ADDRESSES: Submit your comments, listed in the index, some information is a waiver to California if the State identified by Docket ID No. EPA–HQ– not publicly available, e.g., CBI or other determines that the state standards ‘‘will OAR–2006–0173, by one of the information whose disclosure is be, in the aggregate, at least as protective following methods: restricted by statute. Certain other • http://www.regulations.gov: Follow of public health and welfare as material, such as copyrighted material, applicable Federal standards.’’ 42 U.S.C. the on-line instructions for submitting will be publicly available only in hard comments. 7543(b)(1). The Administrator must copy. grant a waiver unless she finds that (1) • E-mail: [email protected]. Persons with comments containing California’s determination regarding the • Fax: (202) 566–9744. proprietary information must protectiveness of its standards is • Mail: U.S. Environmental distinguish such information from other arbitrary and capricious, (2) California Protection Agency, EPA West (Air comments to the greatest possible extent does not need the state standards to Docket), 1200 Pennsylvania Ave., NW., and label it as ‘‘Confidential Business meet ‘‘compelling and extraordinary Room B108, Mail Code 6102T, Information’’ (CBI). If a person making conditions,’’ or (3) California’s Washington, DC 20460, Attention comments wants EPA to base its Docket ID No. EPA–HQ–OAR–2006– decision in part on a submission labeled standards and accompanying 0173. Please include a total of two CBI, then a non-confidential version of enforcement procedures are not copies. the document that summarizes the key consistent with section 202(a) of the • Hand Delivery: EPA Docket Center, data or information should be submitted Act. 42 U.S.C. 7543(b)(A)–(C). EPA/DC, EPA West, Room B102, 1301 for the public docket. To ensure that The March 6, 2008 waiver denial (73 Constitution Ave., NW., Washington, proprietary information is not FR 12156) significantly departed from DC. Such deliveries are only accepted inadvertently placed in the docket, EPA’s longstanding interpretation of the during the Docket’s normal hours of submissions containing such Clean Air Act’s waiver provisions and operation, and special arrangements information should be sent directly to from the Agency’s history, after should be made for deliveries of boxed the contact person listed below and not appropriate review, of granting waivers information. to the public docket. Information to California for its new motor vehicle Instructions: Direct your comments to covered by a claim of confidentiality emission program. Moreover, since the Docket ID No. EPA–HQ–OAR–2006– will be disclosed by EPA only to the denial was issued, California, States 0173. extent allowed and by the procedures interested in implementing CA’s EPA’s policy is that all comments set forth in 40 CFR Part 2. If no claim standards, members of Congress, received will be included in the public of confidentiality accompanies the scientists, and other stakeholders have docket without change and may be submission when EPA receives it, EPA identified a number of concerns made available online at http:// will make it available to the public regarding EPA’s decision. Most recently, www.regulations.gov, including any without further notice to the person on January 21, 2009, EPA received a personal information provided, unless making comments. letter from CARB outlining several the comment includes information Parties wishing to present oral significant issues for the Administrator claimed to be Confidential Business testimony at the public hearing should to review in reconsidering the March 6, Information (CBI) or other information provide notice to the contact person 2008 waiver denial. Based on all of the whose disclosure is restricted by statute. listed below. EPA will hold the public above, EPA believes it is important to Do not submit information that you hearing at the EPA Potomac Yard fully review and reconsider the decision

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denying a waiver for California’s ENVIRONMENTAL PROTECTION information in developing two proposed standards. AGENCY vessel permits. Included in CARB’s letter is a request EPA published the two proposed [FRL–8772–4; EPA–HQ–OW–2008–0055] permits and accompanying fact sheets that EPA return to its traditional review for public comment on June 17, 2008 of California’s standards under section Final National Pollutant Discharge (73 FR 34296). As proposed, the VGP 209(b)(1)(B) by considering whether Elimination System (NPDES) General would have covered all commercial and California continues to need its own Permit for Discharges Incidental to the non-recreational vessels and those motor vehicle emission program, rather Normal Operation of a Vessel for recreational vessels longer or equal to 79 than evaluating greenhouse gas Alaska and Hawaii feet, and the proposed Recreational standards separately. As part of this General Permit (RGP) would have review, CARB suggests that EPA should AGENCY: Environmental Protection Agency (EPA). covered recreational vessels less than 79 base its decision on whether California feet in length. However, after the continues to need to have its own motor ACTION: Notice of final Vessel General permits were proposed, Congress vehicle program to address various Permit issuance for Alaska and Hawaii. enacted two new laws that impact the factors in California, such as climate, SUMMARY: EPA previously announced universe of vessels covered under large human and vehicle population, the finalization of the NPDES general today’s permit. On July 29, 2008, Senate topography and meteorology, and permit for discharges incidental to the bill S. 2766 (‘‘the Clean Boating Act of should not apply this test separately to normal operation of vessels, also 2008’’) was signed into law (Pub. L. the greenhouse gas emission standards. referred to as the Vessel General Permit 110–288). This law provides that In addition, CARB requests that EPA (VGP), in the Federal Register on recreational vessels shall not be subject reconsider (and reject) the alternative December 29, 2008 (73 FR 79493). EPA to the requirement to obtain an NPDES grounds for the denial, namely, EPA’s did not finalize the VGP for the states permit to authorize discharges determination that the impacts from of Hawaii and Alaska, because as of incidental to their normal operation. As climate change in California were not permit signature, EPA had not received a result of this legislation, EPA is not sufficiently different from the nation as a certification pursuant to section 401 of finalizing the proposed RGP and has a whole. In addition to arguing that this the Clean Water Act (CWA) from Hawaii also modified the VGP, which included is not an appropriate interpretation of or a final response on the national those recreational vessels over 79 feet, section 209(b)(1), CARB states that EPA consistency determination required by to eliminate that coverage. On July 31, improperly weighed the evidence of section 307(c)(1) of the Coastal Zone 2008, Senate bill S. 3298 was signed impacts in California (including Management Act (CZMA) from Alaska. into law (Pub. L. 110–299). This law evidence that greenhouse gas standard EPA has since received the required generally imposes a two-year will help reduce smog-related section 401 certification and CZMA moratorium during which time neither emissions) and that the record supports response and has amended the permit to EPA nor states can require NPDES granting the waiver even under EPA’s reflect them. Today’s action provides permits for discharges (except ballast new interpretation of section 209(b)(1). notice of the final permit issuance for water discharges) incidental to the normal operation of vessels of less than Prior to the March 6, 2008 denial, the the states of Hawaii and Alaska. The VGP was issued in response to a 79 feet and commercial fishing vessels Agency provided notice and an District Court ruling that vacates, as of of any length. EPA is not taking final opportunity to comment on whether (a) February 6, 2009, a long-standing EPA action on the proposed permit as it California’s determination that its motor regulation that excludes discharges would apply to these vessels and has vehicle emission standards are, in the incidental to the normal operation of a revised the final VGP to reflect the new aggregate, at least as protective of public vessel from the need to obtain an law. health and welfare as applicable Federal NPDES permit. As of February 6, 2009, DATES: Today’s action is effective on standards is arbitrary and capricious, (b) discharges incidental to the normal February 6, 2009. This effective date is California needs such standards to meet operation of a vessel that had formerly necessary to provide affected vessels the compelling and extraordinary been exempted from NPDES permitting necessary permit coverage under the conditions, and (c) California’s by the regulation will be subject to the Clean Water Act in light of the February standards and accompanying prohibition in CWA section 301(a) 6, 2009 vacatur of the 40 CFR 122.3(a) enforcement procedures are consistent against the discharge of pollutants NPDES permitting exemption.1 Under with section 202(a) of the Clean Air Act. without a permit. the Agency’s authority in 40 CFR Part We now seek any new or additional EPA solicited information and data on 23, this permit (as applied to Alaska and information or comments regarding discharges incidental to normal vessel Hawaii) shall be considered issued for these criteria. We also seek comment on: operations to assist in developing two the purpose of judicial review on (1) whether EPA’s interpretation and NPDES general permits in a Federal February 6, 2009.2 Under section 509(b) application of section 209(b)(1) in EPA’s Register Notice published June 21, 2007 March 6, 2008 waiver denial was (72 FR 32421). The majority of 1 The U.S. District Court for the Northern District of California has twice, at the request of parties to appropriate, and (2) the effect of the information and data in response to that the litigation, delayed the date of vacatur of the 40 March 6, 2008 denial on whether notice came from seven different CFR 122.3(a) exclusion for discharges incidental to California’s GHG standards are groups: individual citizens, commercial the normal operation of a vessel. See Northwest consistent with section 202(a) of the fishing representatives, commercial Environmental Advocates et al. v. United States EPA, 2008 U.S. Dist. LEXIS 66738 (N.D. Cal. August Act, including lead time. shipping groups, environmental or 31, 2008) (extending the date to December 19, 2008) Dated: February 6, 2009. outdoor recreation groups, the oil and and Northwest Environmental Advocates et al. v. gas industry, recreational boating- United States EPA, No. C 03–05760–SI (December Lisa P. Jackson, related businesses, and state 17, 2008) (extending the date to February 6, 2009). Administrator. 2 Under 40 CFR 23.2, actions such as today’s governments. EPA considered all the would by default be considered issued for purposes [FR Doc. E9–2913 Filed 2–11–09; 8:45 am] information and data received along of judicial review two weeks after publication in the BILLING CODE 6560–50–P with other publicly available Federal Register. However, in other contexts,

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of the Clean Water Act, judicial review feet in length, the coverage under this in EPA’s electronic public docket. EPA of this general permit can be had by permit is limited to ballast water policy is that copyrighted material will filing a petition for review in the United discharges only. Unless otherwise not be placed in EPA’s electronic public States Court of Appeals within 120 days excluded from coverage by Part 6 of the docket but will be available only in after the permit is considered issued for permit, waters subject to this permit, printed, paper form in the official public purposes of judicial review. Under means waters of the U.S. as defined in docket. Although not all docket section 509(b)(2) of the Clean Water Act, 40 CFR 122.2. materials may be available the requirements in this permit may not B. How Can I Get Copies of These electronically, you may still access any be challenged later in civil or criminal Documents and Other Related of the publicly available docket proceedings to enforce these Information? materials through the docket facility requirements. In addition, this permit identified in Section I.A.1. may not be challenged in other agency 1. Docket. EPA has established an 3. Response to Public Comments. EPA proceedings. Deadlines for submittal of official public docket for this action received 173 comments on the proposed notices of intent are provided in part 1.5 under Docket ID No. EPA–HQ–OW– VGP from the shipping industry (108), of the VGP. This permit also provides 2008–0055. The official public docket is States (28), Environmental Groups and additional dates for compliance with the the collection of materials, including the the public (37). EPA has responded to terms of this permit. administrative record, for the final all comments received and has included permit, required by 40 CFR 124.18. It is FOR FURTHER INFORMATION CONTACT: For these responses in a separate document available for public viewing at the Water further information on this final vessel in the public docket for this permit. See Docket in the EPA Docket Center, (EPA/ NPDES general permit, contact Ryan the document titled Proposed VGP: DC) EPA West, Room 3334, 1301 Albert at EPA Headquarters, Office of EPA’s Response to Public Comments. Constitution Ave., NW., Washington, Water, Office of Wastewater DC 20460. Although all documents in III. Scope and Applicability of the 2008 Management, Mail Code 4203M, 1200 the docket are listed in an index, some VGP Pennsylvania Ave., NW., Washington, information is not publicly available, A. CWA Section 401 Certification DC 20460; or at tel. 202–564–0763; or i.e., CBI or other information whose Juhi Saxena at EPA Headquarters, Office disclosure is restricted by statute. EPA may not issue a permit of Water, Office of Wastewater Publicly available docket materials are authorizing discharges into the waters of Management, Mail Code 4203M, 1200 available electronically through http:// a State until that State has granted Pennsylvania Ave., NW., Washington, www.regulations.gov and in hard copy certification under CWA section 401 or DC 20460; or at tel. 202–564–0719; or at the EPA Docket Center Public has waived its right to certify (or been e-mail: Reading Room, open from 8:30 a.m. to deemed to have waived). 33 U.S.C. [email protected]. 4:30 p.m., Monday through Friday, 1341(a)(1); 40 CFR 124.53(a). For this For EPA Region 9, contact Eugene excluding legal holidays. The telephone permit, a State was deemed to have Bromley at USEPA REGION 9, 75 number for the Public Reading Room is waived its right to certify if it did not Hawthorne Street, Mail Code: WTR–5, (202) 566–1744 and the telephone exercise that right within 60 days from San Francisco, CA 94105; or at tel.: number for the Water Docket is (202) the date the State was notified of the (415) 972–3510; or e-mail at 566–2426. In addition, the comments draft permit, unless EPA granted that [email protected]. and information that EPA received in State more time to certify based on For EPA Region 10, contact Cindi response to its June 21, 2007, Federal ‘‘unusual circumstances.’’ 40 CFR Godsey at USEPA Region 10—Alaska Register notice can be found in the 124.53(c)(3). If a State believed that any Operations Office, Federal Building public docket at http:// permit condition(s) more stringent than Room 537, 222 West 7th Avenue, #19 www.regulations.gov by searching those contained in the draft permit were Mail Code: AOO/A, Anchorage, AK Docket ID No. EPA–HQ–OW–2007– necessary to meet the applicable 99513–7588; or at tel.: (907) 271–6561; 0483. requirements of either the CWA or State or e-mail at [email protected]. 2. Electronic Access. You may access law, the State had an opportunity to SUPPLEMENTARY INFORMATION: this Federal Register document include those condition(s) in its certification. 40 CFR 124.53(e)(1). I. General Information electronically through the EPA Internet under the ‘‘Federal Register’’ listings at Hawaii provided such conditions in its A. Does This Final Permit Apply to Me? http://www.epa.gov/fedrgstr/. certification, and EPA has added them The VGP applies to all vessels An electronic version of the public to Part 6 of the VGP pursuant to CWA operating in a capacity as a means of docket is available through the Federal section 401(d). 33 U.S.C. 1341(d). Docket Management System (FDMS) transportation, except recreational B. Coastal Zone Management Act found at http://www.regulations.gov. vessels as defined in CWA section Consistency Determination 502(25), Public Law 110–288, that have You may use the FDMS to view public The Coastal Zone Management Act discharges incidental to their normal comments, access the index listing of (CZMA) and its implementing operations into waters subject to this the contents of the official public regulations (15 CFR Part 930) require permit. With respect to (1) commercial docket, and to access those documents that any Federal agency activity or fishing vessels of any size as defined in in the public docket that are available federally licensed or permitted activity 46 U.S.C. 2101 and (2) those non- electronically. Once at the Web site, occurring within the coastal zone (or recreational vessels that are less than 79 enter the appropriate Docket ID No. in the ‘‘Search’’ box to view the docket. outside the coastal zone by affecting the affected parties have expressed concern that Certain types of information will not coastal zone) of a state with an approved deferring judicial review of Agency permits beyond be placed in the EPA dockets. coastal zone management program the point at which regulated entities are obligated Information claimed as CBI and other (CZMP) be consistent with the to comply with them may compromise judicial information whose disclosure is enforceable policies of that approved review rights. EPA is therefore exercising its discretion under 40 CFR 23.2 to deem today’s restricted by statute, which is not program to the maximum extent permit ‘‘issued for purposes of judicial review’’ on included in the official public docket, practicable. Agency general permits that the same date it becomes effective. will not be available for public viewing do not involve case-by-case or

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individualized determinations by the C. Geographic Coverage of VGP therefore that the issuance of the general Agency are federal activities for the The VGP applies to discharges permit needed to comply with the purposes of CZMA section 307(c)(1). incidental to the normal operation of a applicable legal requirements for the Following proposal of the draft VGP, vessel identified as being eligible for issuance of a ‘‘rule.’’ National Ass’n of EPA provided the relevant state coastal coverage in the final permit, into waters Home Builders v. U.S. Army Corps of Engineers, 417 F.3d 1272, 1284–85 (DC zone management agencies with its subject to the permit. These waters are Cir. 2005) (Army Corps general permits national consistency determination ‘‘waters of the United States’’ as defined under Section 404 of the Clean Water regarding the enforceable policies in in 40 CFR 122.2 (extending to the reach Act are rules under the APA and the approved state CZMPs for the coastal of the 3-mile territorial sea as defined in Regulatory Flexibility Act; ‘‘Each NWP zones including state waters where the section 502(8) of the CWA). The final [nationwide permit] easily fits within VGP would authorize discharges. 15 permit covers vessel discharges in the the APA’s definition ‘rule.’ * * * As CFR 930.31(d). For the VGP, EPA waters of the U.S. in all States, such, each NWP constitutes a rule developed a national consistency Territories and Indian Country Land, * * *’’). determination pursuant to the CZMA regardless of whether a ‘‘state’’ is As EPA stated in 1998, ‘‘the Agency regulations at 15 CFR 930.36(e). otherwise authorized to implement the recognizes that the question of the Under the CZMA process, several NPDES permit program within its applicability of the APA, and thus the States provided conditions to the VGP, jurisdiction. For more information on RFA, to the issuance of a general permit based on specific enforceable coastal this approach, see the fact sheet is a difficult one, given the fact that a policies of the State, which allowed the accompanying the final permit. large number of dischargers may choose State to concur with EPA’s consistency D. Categories of Vessels Covered Under to use the general permit.’’ 63 FR 36489, determination. According to the VGP 36497 (July 6, 1998). At that time, EPA ‘‘reviewed its previous NPDES general regulations, EPA incorporated these The final vessel general permit (VGP) conditions to the maximum extent permitting actions and related applies to owners and operators of non- statements in the Federal Register or practicable. If a State coastal zone recreational vessels that are 79 feet management agency’s conditions are not elsewhere,’’ and stated that ‘‘[t]his (24.08 meters) and greater in length, as review suggests that the Agency has incorporated into the general permit or well as to owners and operators of if the State coastal zone management generally treated NPDES general permits commercial vessels of less than 79 feet effectively as rules, though at times it agency objects to the general permit, and commercial fishing vessels of any has given contrary indications as to then the general permit is not available length which discharge ballast water. whether these actions are rules or for use by potential general permit users The final VGP does not apply to permits.’’ Id. at 36496. Based on EPA’s in that State unless the applicant who recreational vessels of any size, further legal analysis of the issue, the wants to use the general permit provides commercial fishing vessels of any size Agency ‘‘concluded, as set forth in the the State agency with the applicant’s which do not discharge ballast water, proposal, that NPDES general permits consistency determination and the State and non-recreational vessels of less than are permits [i.e., adjudications] under agency concurs. 15 CFR 930.31(d). 79 feet which do not discharge ballast the APA and thus not subject to APA NOAA has explained that ‘‘a State water. For non-recreational vessels of rulemaking requirements or the RFA.’’ objection to a consistency determination less than 79 feet in length and Id. Accordingly, the Agency stated that for the issuance of a general permit commercial fishing vessels that ‘‘the APA’s rulemaking requirements are would alter the form of CZMA discharge ballast water, the only effluent inapplicable to issuance of such compliance required, transforming the limit these vessels are subject to are the permits,’’ and thus ‘‘NPDES permitting general permit into a series of case-by- VGP standards that apply to ballast is not subject to the requirement to case CZMA decisions and requiring an water discharges. publish a general notice of proposed individual who wants to use the general IV. Regulatory Flexibility Act rulemaking under the APA or any other permit to submit an individual law * * * [and] it is not subject to the consistency certification to the State The Regulatory Flexibility Act (RFA) RFA.’’ Id. at 36497. agency in compliance with 15 CFR part generally requires an agency to prepare However, the Agency went on to 930.’’ 71 FR 788, 793. In States that have a regulatory flexibility analysis of any explain that, even though EPA had not provided conditions for rule subject to notice and comment concluded that it was not legally incorporation into the permit to allow rulemaking requirements under the required to do so, the Agency would the State to concur, as well as States that Administrative Procedure Act or any voluntarily perform the RFA’s small- have not objected to the permit, EPA’s other statute unless the agency certifies entity impact analysis. Id. EPA CZMA compliance requirements derive that the rule will not have a significant explained the strong public interest in from CZMA section 307(c)(1). Id. economic impact on a substantial the Agency following the RFA’s number of small entities. Small entities requirements on a voluntary basis: Subsequent to the publication of the include small businesses, small ‘‘[The notice and comment] process also VGP on December 29, 2009, but within organizations, and small governmental provides an opportunity for EPA to the timeframes contemplated under the jurisdictions. consider the potential impact of general federal CZMA regulations (based on The legal question of whether a permit terms on small entities and how information requests from the State general permit (as opposed to an to craft the permit to avoid any undue coastal zone management agency to individual permit) qualifies as a ‘‘rule’’ burden on small entities.’’ Id. EPA), the Alaska Division of Coastal and or as an ‘‘adjudication’’ under the Accordingly, with respect to the NPDES Ocean Management concurred with Administrative Procedure Act (APA) permit that EPA was addressing in that EPA’s national consistency has been the subject of periodic Federal Register notice, EPA stated that determination on January 13, 2009, and litigation. In a recent case, the court ‘‘the Agency has considered and therefore, potential permittees in held that the CWA Section 404 addressed the potential impact of the Alaska’s waters may now seek coverage nationwide general permit before the general permit on small entities in a under the VGP. court did qualify as a ‘‘rule’’ and manner that would meet the

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requirements of the RFA if it applied.’’ the conclusion. A quantitative analysis 3 percent to identify entities that would Id. of impacts would only be required for be significantly impacted as a result of Subsequent to EPA’s conclusion in permits that may affect a substantial this Permit. The total number of entities 1998 that general permits are number of small entities, consistent expected to exceed a 1% cost ratio adjudications, rather than rules, as with EPA guidance regarding RFA ranges from 213 under low cost noted above, the DC Circuit recently certification.3 assumptions to 308 under high cost held that nationwide general permits assumptions. Of this universe, the total V. Analysis of Economic Impacts of under section 404 are ‘‘rules’’ rather number of entities expected to exceed a VGP than ‘‘adjudications.’’ Thus, this legal 3% cost ratio ranges from 55 under low question remains ‘‘a difficult one’’ EPA determined that, in consideration cost assumptions to 73 under high cost (supra). However, EPA continues to of the discussion in Section IV above, assumptions. The total universe that believe that there is a strong public the issuance of the VGP may have the would be affected by this permit policy interest in EPA applying the potential to affect a substantial number includes approximately 61,000 domestic RFA’s framework and requirements to of small entities. Therefore, in order to flagged vessels and 8,000 foreign flagged the Agency’s evaluation and determine what, if any, economic vessels. Accordingly, EPA concludes consideration of the nature and extent of impact this permit may have on small that this permit is unlikely to result in any economic impacts that a CWA businesses, EPA conducted an economic a significant economic impact on any general permit could have on small assessment of the VGP and the RGP. businesses and in particular, small entities (e.g., small businesses). In this This economic analysis is included in businesses. The economic analysis is regard, EPA believes that the Agency’s the records for these permits. Based on available in the record for the VGP. evaluation of the potential economic this assessment, EPA concludes that impact that a general permit would have despite a minimal economic impact on V1. Paperwork Reduction Act on small entities, consistent with the all entities, including small businesses, The information collection RFA framework discussed below, is this permit is not likely to have a requirements in this permit have been relevant to, and an essential component significant economic impact on a submitted for approval to the Office of of, the Agency’s assessment of whether substantial number of small entities. Management and Budget (OMB) under a CWA general permit would place Including the ballast water and other the Paperwork Reduction Act, 44 U.S.C. requirements on dischargers that are discharge requirements, the draft 3501 et seq. as part of the NPDES appropriate and reasonable. economic impact analysis indicates that Consolidated ICR. On September 28, Furthermore, EPA believes that the the best management practices in this 2008 EPA published the first public RFA’s framework and requirements permit would cost between $6.7 million notice of this ICR under the OMB provide the Agency with the best and $16.7 million annually. Including number 2040–0004 and on December approach for the Agency’s evaluation of paperwork requirements, the permit is 17, 2008, EPA published the final public the economic impact of general permits estimated to cost between $7.7 and notice for a 30 day comment period. The on small entities. While using the RFA $21.9 million annually for domestic information collection requirements for framework to inform its assessment of vessels. Including estimates of ballast this permit are not enforceable until whether permit requirements are water costs for foreign vessels, the OMB approves the ICR. appropriate and reasonable, EPA will permit is expected to cost between $8.9 This information must be collected in also continue to ensure that all permits and $23.0 million annually. Depending order to appropriately administer and satisfy the requirements of the Clean upon sector (vessel type), median costs enforce the terms and conditions of the Water Act. per firm range from $1 to $795 in the Vessel General Permit. This information Accordingly, EPA has committed that low-end assumptions and from $5 to collection is mandatory as authorized by the Agency will operate in accordance $1,967 in the high-end assumptions Clean Water Act Section 308 and all with the RFA’s framework and (excluding median values from information collected will be treated as requirements during the Agency’s commercial fishing vessels which are Confidential Business Information (CBI). issuance of CWA general permits (in expected to be $0). Costs for the 95th The information collection burden for other words, the Agency commits that it percentile range from $7 for the Deep the paperwork collection requirements will apply the RFA in its issuance of Sea Coastal and Great Lakes Passenger of this permit is estimated to be 135,693 general permits as if those permits do Vessels to $20,355 for marine cargo hours per year, which represents a qualify as ‘‘rules’’ that are subject to the handling under low-end cost estimates burden of 0.64 hours per response per RFA). In satisfaction of this and from $88 to $35,190 for the same year, multiplied by a total of 210,759 commitment, during the course of this vessel classes for high-end cost responses per year from 65,625 VGP proceeding, the Agency conducted estimates (see table 7.1 of the economic respondents (note: to ensure that an the analysis and made the appropriate assessment cost estimates across vessel adequate number of burden hours are determinations that are called for by the classes). EPA applied a cost-to-revenue requested, the number of respondents is RFA. In addition, and in satisfaction of test which calculates annualized pre-tax slightly higher than the estimated the Agency’s commitment, EPA will compliance cost as a percentage of total 61,000 domestically flagged vessels apply the RFA’s framework and revenues and used a threshold of 1 and identified in the economic analysis that requirements in any future issuance of would be affected by this permit). The other NPDES general permits. EPA 3 EPA’s current guidance, entitled Final Guidance frequency of responses varies, but anticipates that for most general permits for EPA Rulewriters: Regulatory Flexibility Act as includes every five years, annual, the Agency will be able to conclude that Amended by the Small Business Regulatory quarterly, and occasionally/as needed, Enforcement and Fairness Act, was issued in there is not a significant economic November 2006 and is available on EPA’s Web site: depending on the specific reporting impact on a substantial number of small http://www.epa.gov/sbrefa/documents/ requirements. No reporting and entities. In such cases, the requirements rfafinalguidance06.pdf. After considering the recordkeeping costs beyond labor costs of the RFA framework are fulfilled by Guidance and the purpose of CWA general permits, are estimated for this permit. EPA concludes that general permits affecting less including a statement to this effect in than 100 small entities do not have a significant An agency may not conduct or the permit fact sheet, along with a economic impact on a substantial number of small sponsor, and a person is not required to statement providing the factual basis for entities. respond to, a collection of information

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unless it displays a currently valid OMB provide independent scientific and signatures, because the SAB Staff Office control number. The OMB control technical advice to the Administrator on does not publish documents with numbers for EPA’s regulations in 40 the technical basis for Agency positions signatures on its Web sites. CFR are listed in 40 CFR Part 9. When and regulations. The SAB is a Federal Accessibility: For information on this ICR is approved by OMB, the advisory committee chartered under the access or services for individuals with Agency will publish a technical Federal Advisory Committee Act disabilities, please contact Mr. Thomas amendment to 40 CFR Part 9 in the (FACA), as amended, 5 U.S.C., App. The Miller at (202) 343–9982, or Federal Register to display the OMB SAB will comply with the provisions of [email protected]. To request control number for the approved FACA and all appropriate SAB Staff accommodation of a disability, please information collection requirements Office procedural policies. Pursuant to contact Mr. Miller, preferably at least 10 contained in this final permit. the Federal Advisory Committee Act, days prior to the meeting, to give EPA Authority: Clean Water Act, 33 U.S.C. 1251 Public Law 92–463, notice is hereby as much time as possible to process et seq. given that the EPA SAB will hold a your request. public teleconference meeting to discuss Dated: February 2, 2009. Dated: February 6, 2009. a draft letter on immediate EPA science Alexis Strauss, needs. Patricia Thomas, Director, Water Division, EPA Region 9. Acting Deputy Director, EPA Science Background: SAB Telephone Advisory Board Staff Office. Authority: Clean Water Act, 33 U.S.C. 1251 Conference, Thursday, March 5, 2009 [FR Doc. E9–2906 Filed 2–11–09; 8:45 am] et seq. Discussion of EPA Science Needs. At BILLING CODE 6560–50–P Dated: February 2, 2009. this meeting, the Chartered Science Michael A. Bussell, Advisory Board will discuss a draft Director, Office of Water and Watersheds, letter that highlights science issues and EPA Region 10. FEDERAL COMMUNICATIONS needs for EPA’s consideration. Should COMMISSION [FR Doc. E9–3045 Filed 2–11–09; 8:45 am] other issues need to be added to the BILLING CODE 6560–50–P agenda, they will be reflected on the [IB Docket No. 04–286; DA 09–193] agenda, along with other relevant information, that will be placed onto the Second Meeting of the Advisory ENVIRONMENTAL PROTECTION SAB Web site at: http://www.epa.gov/ Committee for the 2011 World AGENCY sab prior to the meeting. Radiocommunication Conference [FRL–8772–6] Availability of Meeting Materials: The agenda and other materials in support of AGENCY: Federal Communications EPA Science Advisory Board Staff this meeting will be placed on the SAB Commission. Office; Notification of a Public Web site at http://www.epa.gov/sab in ACTION: Notice. Teleconference Meeting of the advance of this meeting. Chartered Science Advisory Board Procedures for Providing Public Input: SUMMARY: In accordance with the Interested members of the public may Federal Advisory Committee Act, this AGENCY: Environmental Protection submit relevant written or oral notice advises interested persons that Agency (EPA). information for the SAB to consider on the second meeting of the WRC–11 ACTION: Notice. the topics included in this advisory Advisory Committee will be held on activity and/or group conducting the March 31, 2009, at the Federal SUMMARY: The EPA Science Advisory Communications Commission. The Board (SAB) Staff Office announces a activity. Oral Statements: In general, individuals or groups requesting an oral purpose of the meeting is to continue public teleconference meeting of the presentation at a public meeting will be preparations for the 2011 World Chartered Science Advisory Board to limited to three minutes per speaker, Radiocommunication Conference. The discuss a draft letter on science needs with no more than a total of one-half Advisory Committee will consider any for EPA. hour for all speakers. Interested parties preliminary views introduced by the DATES: The meeting date is Thursday, should contact Mr. Miller, DFO, in Advisory Committee’s Informal Working March 5, 2009, from 2 p.m. to 4 p.m. writing (preferably via e-mail) at the Groups. (Eastern Time). contact information noted above, by DATES: March 31, 2009; 11 a.m. to 12 Location: The meeting will be February 26, 2009 to be placed on a list noon. conducted by telephone only. of public speakers for the meeting. FOR FURTHER INFORMATION CONTACT: Any ADDRESSES: Federal Communications Written Statements: Written statements Commission, 445 12th Street, SW., member of the public wishing to obtain should be received in the SAB Staff general information concerning this Room TW–C305, Washington, DC Office by February 26, 2009 so that the 20554. public teleconference meeting should information may be made available to contact Mr. Thomas O. Miller, the SAB Panel members for their FOR FURTHER INFORMATION CONTACT: Designated Federal Officer (DFO), EPA consideration and placed on the SAB Alexander Roytblat, Designated Federal Science Advisory Board (1400F), 1200 Web site for public information. Written Official, WRC–11 Advisory Committee, Pennsylvania Ave., NW., Washington, statements should be supplied to the FCC International Bureau, Strategic DC 20460; via telephone/voice mail: DFO in the following formats: One hard Analysis and Negotiations Division, at (202) 343–9982; fax: (202) 233–0643; or copy with original signature, and one (202) 418–7501. e-mail at [email protected]. General electronic copy via e-mail (acceptable SUPPLEMENTARY INFORMATION: The information concerning the EPA Science file format: Adobe Acrobat PDF, Federal Communications Commission Advisory Board can be found on the WordPerfect, MS Word, MS PowerPoint, (FCC) established the WRC–11 Advisory SAB Web site at: http://www.epa.gov/ or Rich Text files in IBM-PC/Windows Committee to provide advice, technical sab. 98/2000/XP format). Submitters are support and recommendations relating SUPPLEMENTARY INFORMATION: The SAB asked to provide versions of each to the preparation of United States was established by 42 U.S.C. 4365 to document submitted with and without proposals and positions for the 2011

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World Radiocommunication Conference requirements regulation. This notice regulation that establishes standards a (WRC–11). also prescribes the deadline by which Bank member must meet in order to In accordance with the Federal Bank members selected for review must maintain access to long-term advances, Advisory Committee Act, Public Law submit Community Support Statements and review criteria FHFA must apply in 92–463, as amended, this notice advises to FHFA. evaluating a member’s community interested persons of the second DATES: Bank members selected for the support performance. See 12 CFR part meeting of the WRC–11 Advisory review cycle under the FHFA’s 944. The regulation includes standards Committee. The WRC–11 Advisory community support requirements and criteria for the two statutory Committee has an open membership. regulation must submit completed factors—CRA performance and record of All interested parties are invited to Community Support Statements to lending to first-time homebuyers. 12 participate in the Advisory Committee FHFA on or before March 27, 2009. CFR 944.3. Only members subject to the and to attend its meetings. The ADDRESSES: Bank members selected for CRA must meet the CRA standard. 12 proposed agenda for the second meeting the 2008–09 fourth quarter review cycle CFR 944.3(b). All members, including is as follows: under the FHFA’s community support those not subject to CRA, must meet the Agenda requirements regulation must submit first-time homebuyer standard. 12 CFR completed Community Support 944.3(c). Second Meeting of the WRC–11 Statements to FHFA either by regular Under the rule, FHFA selects Advisory Committee, Federal mail at the Federal Housing Finance approximately one-eighth of the Communications Commission, 445 12th Agency, Housing Mission and Goals, members in each Bank district for Street, SW., Room TW–C305, 1625 Eye Street, NW., Washington, DC community support review each Washington, DC 20554, March 31, 2009; 20006, or by electronic mail at calendar quarter. 12 CFR 944.2(a). FHFA 11 a.m. to 12 noon. [email protected]. will not review an institution’s 1. Opening Remarks. community support performance until it FOR FURTHER INFORMATION CONTACT: 2. Approval of Agenda. has been a Bank member for at least one Lenora Morton, Administrative 3. Approval of the Minutes of the First year. Selection for review is not, nor Specialist, Housing Mission and Goals, Meeting. should it be construed as, any Federal Housing Finance Agency, by 4. IWG Reports and Documents indication of either the financial telephone at 202/408–2819, by Relating to Preliminary Views. condition or the community support electronic mail at 5. Future Meetings. performance of the member. 6. Other Business. [email protected], or by regular mail at the Federal Housing Each Bank member selected for Federal Communications Commission. Finance Agency, 1625 Eye Street, NW., review must complete a Community John Giusti, Washington, DC 20006. Support Statement and submit it to Acting Chief, International Bureau. SUPPLEMENTARY INFORMATION: FHFA by the March 27, 2009 deadline [FR Doc. E9–3070 Filed 2–11–09; 8:45 am] prescribed in this notice. 12 CFR BILLING CODE 6712–01–P I. Selection for Community Support 944.2(b)(1)(ii) and (c). On or before Review February 27, 2009, each Bank will notify Section 10(g)(1) of the Federal Home the members in its district that have FEDERAL HOUSING FINANCE Loan Bank Act (Bank Act) requires been selected for the 2008–09 fourth AGENCY FHFA to promulgate regulations quarter community support review establishing standards of community cycle that they must complete and Federal Home Loan Bank Members investment or service Bank members submit to FHFA by the deadline a Selected for Community Support must meet in order to maintain access Community Support Statement. 12 CFR Review to long-term advances. See 12 U.S.C. 944.2(b)(2)(i). The member’s Bank will provide a blank Community Support AGENCY: Federal Housing Finance 1430(g)(1). The regulations promulgated Statement Form, which also is available Agency. by FHFA must take into account factors on the FHFA’s Web site: http:// ACTION: Notice. such as the Bank member’s performance under the Community Reinvestment Act www.fhfb.gov. Upon request, the SUMMARY: The Federal Housing Finance of 1977 (CRA), 12 U.S.C. 2901 et seq., member’s Bank also will provide Agency (FHFA) is announcing the and record of lending to first-time assistance in completing the Federal Home Loan Bank (Bank) homebuyers. See 12 U.S.C. 1430(g)(2). Community Support Statement. members it has selected for the 2008–09 Pursuant to section 10(g) of the Bank FHFA has selected the following fourth quarter review cycle under the Act, FHFA has promulgated a members for the 2008–09 fourth quarter FHFA’s community support community support requirements community support review cycle:

Federal Home Loan Bank of Boston—District 1

Union Savings Bank ...... Danbury ...... Connecticut. Jewett City Savings Bank ...... Jewett City ...... Connecticut. The First National Bank of Litchfield ...... Litchfield ...... Connecticut. Naugatuck Valley Savings and Loan ...... Naugatuck ...... Connecticut. New Alliance Bank ...... New Haven ...... Connecticut. Newtown Savings Bank ...... Newtown ...... Connecticut. Fairfield County Bank ...... Ridgefield ...... Connecticut. First County Bank ...... Stamford ...... Connecticut. Patriot National Bank ...... Stamford ...... Connecticut. Dutch Point Credit Union, Inc ...... Wethersfield ...... Connecticut. Windsor Locks Federal Credit Union ...... Windsor Locks ...... Connecticut. Bangor Savings Bank ...... Bangor ...... Maine. Bangor Federal Credit Union ...... Bangor ...... Maine.

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Bar Harbor Savings & Loan Association ...... Bar Harbor ...... Maine. Northeast Bank ...... Lewiston ...... Maine. First Citizens Bank ...... Presque Isle ...... Maine. York County Federal Credit Union ...... Sanford ...... Maine. TD Bank North ...... Portland ...... Maine. North Abington Co-operative Bank ...... Abington ...... Massachusetts. South Adams Savings Bank ...... Adams ...... Massachusetts. Athol Credit Union ...... Athol ...... Massachusetts. Barre Savings Bank ...... Barre ...... Massachusetts. Crescent Credit Union ...... Brockton ...... Massachusetts. Brookline Bank ...... Brookline ...... Massachusetts. North Cambridge Co-operative Bank ...... Cambridge ...... Massachusetts. Cambridge Trust Company ...... Cambridge ...... Massachusetts. Canton Co-Operative Bank ...... Canton ...... Massachusetts. Meetinghouse Cooperative Bank ...... Dorchester ...... Massachusetts. The Edgartown National Bank ...... Edgartown ...... Massachusetts. Fitchburg Savings Bank, FSB ...... Fitchburg ...... Massachusetts. Greenfield Co-operative Bank ...... Greenfield ...... Massachusetts. Haverhill Co-operative Bank ...... Haverhill ...... Massachusetts. Ipswich Co-operative Bank ...... Ipswich ...... Massachusetts. Leominster Credit Union ...... Leominster ...... Massachusetts. Fidelity Cooperative Bank ...... Leominster ...... Massachusetts. Lowell Co-operative Bank ...... Lowell ...... Massachusetts. Marlborough Savings Bank ...... Marlborough ...... Massachusetts. The Milford National Bank & Trust Company ...... Milford ...... Massachusetts. Natick Federal Savings Bank ...... Natick ...... Massachusetts. Institution for Savings in Newburyport & its Vicinity ...... Newburyport ...... Massachusetts. Rockland Federal Credit Union ...... Rockland ...... Massachusetts. South Coastal Bank ...... Rockland ...... Massachusetts. The Cooperative Bank ...... Roslindale ...... Massachusetts. Salem Five Cents Savings Bank ...... Salem ...... Massachusetts. Taupa Lithuanian Federal Credit Union ...... South Boston ...... Massachusetts. Southbridge Credit Union ...... Southbridge ...... Massachusetts. Stoneham Savings Bank ...... Stoneham ...... Massachusetts. Country Bank for Savings ...... Ware ...... Massachusetts. Wellesley Bank ...... Wellesley ...... Massachusetts. South Shore Co-operative Bank ...... Weymouth ...... Massachusetts. Winchester Co-operative Bank ...... Winchester ...... Massachusetts. Bay State Savings Bank ...... Worcester ...... Massachusetts. Cape Cod Cooperative Bank ...... Yarmouth Port ...... Massachusetts. Centrix Bank & Trust ...... Bedford ...... New Hampshire. Northway Bank ...... Berlin ...... New Hampshire. Lancaster National Bank ...... Lancaster ...... New Hampshire. Holy Rosary Regional Credit Union ...... Rochester ...... New Hampshire. Profile Bank ...... Rochester ...... New Hampshire. BankNewport ...... Newport ...... Rhode Island. Citizens Bank of Rhode Island ...... Providence ...... Rhode Island. Greenwood Credit Union ...... Warwick ...... Rhode Island. Brattleboro Savings & Loan Association FA ...... Brattleboro ...... Vermont. Lyndonville Bank ...... Lyndonville ...... Vermont. First Community Bank ...... Woodstock ...... Vermont.

Federal Home Loan Bank of New York—District 2

Cape Savings Bank ...... Cape May Court New Jersey. House. United Roosevelt Savings Bank ...... Carteret ...... New Jersey. Unity Bank ...... Clinton ...... New Jersey. 1st Constitution Bank ...... Cranbury ...... New Jersey. Delanco Federal Savings Bank ...... Delanco ...... New Jersey. Pinnacle Federal Credit Union ...... Edison ...... New Jersey. Columbia Bank ...... Fair Lawn ...... New Jersey. Haven Savings Bank ...... Hoboken ...... New Jersey. Manasquan Savings Bank ...... Manasquan ...... New Jersey. Susquehanna Patriot Bank ...... Marlton ...... New Jersey 1st Bank of Sea Isle City ...... Sea Isle City ...... New Jersey. Somerset Valley Bank ...... Somerville ...... New Jersey. Union Center National Bank ...... Union ...... New Jersey. Wawel Savings Bank ...... Wallington ...... New Jersey. Crest Savings Bank ...... Wildwood ...... New Jersey. The Bridgehampton National Bank ...... Bridgehampton ...... New York. Atlas Savings and Loan Association ...... Brooklyn ...... New York. Visions Federal Credit Union ...... Endicott ...... New York. Bank of Smithtown ...... Hauppauga ...... New York. Tompkins Trust Company ...... Ithaca ...... New York. The First National Bank of Jeffersonville ...... Jeffersonville ...... New York.

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The National Union Bank of Kinderhook ...... Kinderhook ...... New York. Mid-Hudson Valley Federal Credit Union ...... Kingston ...... New York. Medina Savings and Loan Association ...... Medina ...... New York. Isreal Discount Bank of New York ...... New York ...... New York. Emigrant Savings Bank ...... New York ...... New York. NBT Bank, N.A...... Norwich ...... New York. The Oneida Savings Bank ...... Oneida ...... New York. Suffolk County National Bank ...... Riverhead ...... New York. Sawyer Savings Bank ...... Saugerties ...... New York. Adirondack Bank ...... Utica ...... New York. Walden Federal Savings and Loan Association ...... Walden ...... New York. Northeast Community Bank ...... White Plains ...... New York. First Central Savings Bank ...... Whitestone ...... New York. City and Suburban Federal Savings Bank ...... Yonkers ...... New York. Banco Bilbao Vizcaya Argentaria Puerto Rico ...... Hato Rey ...... Puerto Rico. Westernbank Puerto Rico ...... Mayaguez ...... Puerto Rico.

Federal Home Loan Bank of Pittsburgh—District 3

Christiana Bank & Trust Company ...... Greenville ...... Delaware. ING Bank, fsb ...... Wilmington ...... Delaware. The First National Bank of Wyoming ...... Wyoming ...... Delaware. American Bank ...... Allentown ...... Pennsylvania. Iron Workers Bank ...... Aston ...... Pennsylvania. Brentwood Bank ...... Bethel Park ...... Pennsylvania. National Penn Bank ...... Boyertown ...... Pennsylvania. Union Building & Loan Savings Bank ...... Bridgewater ...... Pennsylvania. Community Bank & Trust Co ...... Clarks Summit ...... Pennsylvania. Clearfield Bank & Trust Company ...... Clearfield ...... Pennsylvania. Centra Bank ...... Harrisburg ...... Pennsylvania. The Dime Bank ...... Honesdale ...... Pennsylvania. Indiana First Bank ...... Indiana ...... Pennsylvania. Jim Thorpe National Bank ...... Jim Thorpe ...... Pennsylvania. Manor National Bank ...... Manor ...... Pennsylvania. Province Bank, FSB ...... Marietta ...... Pennsylvania. The First National Bank of Marysville ...... Marysville ...... Pennsylvania. Standard Bank, PaSB ...... Monroeville ...... Pennsylvania. SB1 Federal Credit Union ...... Philadelphia ...... Pennsylvania. American Heritage Federal Credit Union ...... Philadelphia ...... Pennsylvania. The Philadelphia Trust Company ...... Philadelphia ...... Pennsylvania. New Century Bank ...... Phoenixville ...... Pennsylvania. PNC Bank ...... Pittsburgh ...... Pennsylvania. Allegheny Valley Bank of Pittsburgh ...... Pittsburgh ...... Pennsylvania. Franklin Security Bank ...... Plains ...... Pennsylvania. Somerset Trust Company ...... Somerset ...... Pennsylvania. Univest National Bank and Trust Company ...... Souderton ...... Pennsylvania. Compass Savings Bank ...... Wilmerding ...... Pennsylvania. Sovereign Bank FSB ...... Wyomissing ...... Pennsylvania. Hancock County Savings Bank FSB ...... Chester ...... West Virginia. Citizens National Bank of Elkins ...... Elkins ...... West Virginia. MVB Bank, Inc ...... Fairmont ...... West Virginia. Fayette County National Bank ...... Fayetteville ...... West Virginia. Rock Branch Community Bank ...... Nitro ...... West Virginia. The Bank of Romney ...... Romney ...... West Virginia. Traders Bank ...... Spencer ...... West Virginia. Progressive Bank, N.A ...... Wheeling ...... West Virginia.

Federal Home Loan Bank of Atlanta—District 4

America’s First Federal Credit Union ...... Birmingham ...... Alabama. First Educators Credit Union ...... Birmingham ...... Alabama. First Bank of Boaz ...... Boaz ...... Alabama. Town-Country National Bank ...... Camden ...... Alabama. Coosa Pines Federal Credit Union ...... Childersburg ...... Alabama. Escambia County Bank ...... Flomaton ...... Alabama. First Federal Bank ...... Fort Payne ...... Alabama. Traders & Farmers Bank ...... Haleyville ...... Alabama. City Bank of Hartford ...... Hartford ...... Alabama. Worthington Federal Bank ...... Huntsville ...... Alabama. Pinnacle Bank ...... Jasper ...... Alabama. First National Bank of Jasper ...... Jasper ...... Alabama. Marion Bank and Trust Company ...... Marion ...... Alabama. Bank of Pine Hill ...... Pine Hill ...... Alabama. First Gulf Bank, NA ...... Summerdale ...... Alabama. Alabama Credit Union ...... Tuscaloosa ...... Alabama. First Federal Bank, A Federal Savings Bank ...... Tuscaloosa ...... Alabama.

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AmeriFirst Bank ...... Union Springs ...... Alabama. Small Town Bank ...... Wedowee ...... Alabama. Bank of York ...... York ...... Alabama. DVA Federal Credit Union ...... Washington ...... DC. Independence Federal Savings Bank ...... Washington ...... DC. Community National Bank of Bartow ...... Bartow ...... Florida. First Southern Bank ...... Boca Raton ...... Florida. Platinum Bank ...... Brandon ...... Florida. Citizens Bank & Trust ...... Frostproof ...... Florida. Columbia Bank ...... Lake City ...... Florida. Pacific National Bank ...... Miami ...... Florida. Northern Trust, NA ...... Miami ...... Florida. City National Bank of Florida ...... Miami ...... Florida. Metro Bank of Dade County ...... Miami ...... Florida. Intercredit Bank, N.A ...... Miami ...... Florida. Interamerican Bank, a Federal Savings Bank ...... Miami ...... Florida. Farmers and Merchants Bank ...... Monticello ...... Florida. The First National Bank of Mount Dora ...... Mount Dora ...... Florida. First Commercial Bank of Florida ...... Orlando ...... Florida. Fairwinds Credit Union ...... Orlando ...... Florida. Republic Bank ...... Port Richey ...... Florida. First Peoples Bank ...... Port St. Lucie ...... Florida. Community Educators’ Credit Union ...... Rockledge ...... Florida. First Community Bank of America ...... St. Petersburg ...... Florida. Cornerstone Community Bank ...... St. Petersburg ...... Florida. Valrico State Bank ...... Valrico ...... Florida. Grand Bank & Trust of Florida ...... West Palm ...... Florida. The Perkins State Bank ...... Williston ...... Florida. Albany Bank and Trust ...... Albany ...... Georgia. Bank of North Georgia ...... Alpharetta ...... Georgia. United Americas Bank, N.A ...... Atlanta ...... Georgia ebank ...... Atlanta ...... Georgia. SunTrust Bank ...... Atlanta ...... Georgia. First Port City Bank ...... Bainbridge ...... Georgia. Peoples State Bank and Trust ...... Baxley ...... Georgia. Bank of Early ...... Blakely ...... Georgia. The Coastal Bank of Georgia ...... Brunswick ...... Georgia. West Georgia National Bank ...... Carrollton ...... Georgia. Unity National Bank ...... Cartersville ...... Georgia. Tippins Bank and Trust Company ...... Claxton ...... Georgia. The Citizens Bank of Forsyth County ...... Cumming ...... Georgia. Alliance National Bank ...... Dalton ...... Georgia. First Bank of Dalton ...... Dalton ...... Georgia. Decatur First Bank ...... Decatur ...... Georgia. The Bank of Edison ...... Edison ...... Georgia. Talbot State Bank ...... Fayetteville ...... Georgia. Colony Bank ...... Fitzgerald ...... Georgia. Community Banking Company of Fitzgerald ...... Fitzgerald ...... Georgia. Farmers State Bank ...... Lumpkin ...... Georgia. The Security State Bank ...... McRae ...... Georgia. First Bank of Coastal Georgia ...... Pembroke ...... Georgia. First Peoples Bank ...... Pine Mountain ...... Georgia. Citizens Bank of Washington County ...... Sandersville ...... Georgia. Bank of Hancock County ...... Sparta ...... Georgia. Thomas County Federal S&L Association ...... Thomasville ...... Georgia. Stephens Federal Bank ...... Toccoa ...... Georgia. Bank of Dade ...... Trenton ...... Georgia. Commercial Banking Company ...... Valdosta ...... Georgia. Vidalia Federal Savings Bank ...... Vidalia ...... Georgia. Darby Bank and Trust Company ...... Vidalia ...... Georgia. Altamaha Bank and Trust Company ...... Vidalia ...... Georgia. Bank of Dooly ...... Vienna ...... Georgia. The Peoples Bank ...... Willacoohee ...... Georgia. The Peoples Bank ...... Winder ...... Georgia. Harford Bank ...... Aberdeen ...... Maryland. Municipal Employees Credit Union of Baltimore ...... Baltimore ...... Maryland. Fairmount Federal Savings Bank ...... Baltimore ...... Maryland. Hopkins Federal Savings Bank ...... Baltimore ...... Maryland. Chesapeake Bank of Maryland ...... Baltimore ...... Maryland. Rosedale Federal Savings & Loan Association ...... Baltimore ...... Maryland. Arundel Federal Savings Bank ...... Baltimore ...... Maryland. Madison Square Federal Savings Bank ...... Baltimore ...... Maryland. Marriott Employees Federal Credit Union ...... Bethesda ...... Maryland. Chevy Chase Bank, F.S.B...... Bethesda ...... Maryland. U.S. Postal Service Federal Credit Union ...... Clinton ...... Maryland. Suburban Federal Savings Bank ...... Crofton ...... Maryland.

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The Bank of Delmarva ...... Delmar ...... Maryland. The Patapsco Bank ...... Dundalk ...... Maryland. OBA Bank ...... Germantown ...... Maryland. Library of Congress Federal Credit Union ...... Hyattsville ...... Maryland. Community Bank of Tri-County ...... Waldorf ...... Maryland. Woodsboro Bank ...... Woodsboro ...... Maryland. Asheville Savings Bank ...... Asheville ...... North Carolina. The Bank of Asheville ...... Asheville ...... North Carolina. Crescent State Bank ...... Cary ...... North Carolina. Charlotte Metro Credit Union ...... Charlotte ...... North Carolina. First Trust Bank ...... Charlotte ...... North Carolina. Cherryville Federal S&L Association ...... Cherryville ...... North Carolina. First Federal Bank ...... Dunn ...... North Carolina. North Carolina Community Federal Credit Union ...... Goldsboro ...... North Carolina. First Federal Savings Bank ...... Lincolnton ...... North Carolina. Mooresville Savings Bank, SSB ...... Mooresville ...... North Carolina. Lumbee Guaranty Bank ...... Pembroke ...... North Carolina. Paragon Commercial Bank ...... Raleigh ...... North Carolina. Local Government Federal Credit Union ...... Raleigh ...... North Carolina. Roanoke Valley Savings Bank, SSB ...... Roanoke Rapids ...... North Carolina. Roxboro Savings Bank, SSB ...... Roxboro ...... North Carolina. First South Bank ...... Washington ...... North Carolina. WNC Community Credit Union ...... Waynesville ...... North Carolina. Truliant Federal Credit Union ...... Winston-Salem ...... North Carolina. Abbeville Savings and Loan Association ...... Abbeville ...... South Carolina. The Conway National Bank ...... Conway ...... South Carolina. First Piedmont FS&LA of Gaffney ...... Gaffney ...... South Carolina. S.C. Telco Federal Credit Union ...... Greenville ...... South Carolina. Citizens Building and Loan Association ...... Greer ...... South Carolina. Mutual Savings Bank ...... Hartsville ...... South Carolina. The Commercial Bank ...... Honea Path ...... South Carolina. Founders Federal Credit Union ...... Lancaster ...... South Carolina. First Community Bank, N.A ...... Lexington ...... South Carolina. Pee Dee Federal Savings Bank ...... Marion ...... South Carolina. South Carolina Federal Credit Union ...... North Charleston ...... South Carolina. First Savers Bank ...... Pawleys Island ...... South Carolina. Family Trust Federal Credit Union ...... Rock Hill ...... South Carolina. Seneca National Bank ...... Seneca ...... South Carolina. Oconee Federal Savings and Loan Association ...... Seneca ...... South Carolina. Community First Bank ...... Walhalla ...... South Carolina. First Federal of South Carolina, FSB ...... Walterboro ...... South Carolina. Bank of Walterboro ...... Walterboro ...... South Carolina. Citizens Bank and Trust Company ...... Blackstone ...... Virginia. First Community Bank, N.A ...... Bluefield ...... Virginia. Alliance Bank Corporation ...... Chantilly ...... Virginia. Monarch Bank ...... Chesapeake ...... Virginia. Acacia Federal Savings Bank ...... Falls Church ...... Virginia. Virginia Savings Bank, F.S.B ...... Front Royal ...... Virginia. Virginia Community Bank ...... Louisa ...... Virginia. Martinsville First Savings Bank ...... Martinsville ...... Virginia. Cardinal Bank ...... McLean ...... Virginia. Community Bankers’ Bank ...... Midlothian ...... Virginia. TowneBank ...... Portsmouth ...... Virginia. Millennium Bank, N.A ...... Reston ...... Virginia. Partners Financial Federal Credit Union ...... Richmond ...... Virginia. Shenandoah Life Insurance Company ...... Roanoke ...... Virginia. Fort Belvoir Federal Credit Union ...... Woodbridge ...... Virginia.

Federal Home Loan Bank of Cincinnati—District 5

Home Federal Savings and Loan Association of Ashland ...... Ashland ...... Kentucky. Kentucky Federal Savings and Loan Association ...... Covington ...... Kentucky. The Casey County Bank ...... Liberty ...... Kentucky. Louisville Community Development Bank ...... Louisville ...... Kentucky. Home Savings Bank, fsb ...... Ludlow ...... Kentucky. First Guaranty Bank ...... Martin ...... Kentucky. Bank of Maysville ...... Maysville ...... Kentucky. Hart County Bank and Trust Company ...... Munfordville ...... Kentucky. The Farmers Bank ...... Nicholasville ...... Kentucky. First Security Bank of Owensboro, Inc ...... Owensboro ...... Kentucky. Independence Bank ...... Owensboro ...... Kentucky. Owingsville Banking Company ...... Owingsville ...... Kentucky. Family Bank, FSB ...... Paintsville ...... Kentucky. Community Trust Bank, Inc ...... Pikeville ...... Kentucky. Madison Bank ...... Richmond ...... Kentucky. Citizens National Bank of Somerset ...... Somerset ...... Kentucky.

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Cumberland Security Bank, Inc ...... Somerset ...... Kentucky. Commercial Bank ...... West Liberty ...... Kentucky. The Antwerp Exchange Bank Company ...... Antwerp ...... Ohio. Hocking Valley Bank ...... Athens ...... Ohio. Rockhold, Brown & Company Bank ...... Bainbridge ...... Ohio. Citizens Federal Savings and Loan Association of Bellefontaine ...... Bellefontaine ...... Ohio The Citizens Bank Company ...... Beverly ...... Ohio. Mercer Savings Bank ...... Celina ...... Ohio. The Cheviot Savings Bank ...... Cheviot ...... Ohio. Cincinnati Police Federal Credit Union ...... Cincinnati ...... Ohio. The North Side Bank and Trust Company ...... Cincinnati ...... Ohio. Kemba Credit Union, Inc...... Cincinnati ...... Ohio. Cincinnati Federal Savings and Loan Association ...... Cincinnati ...... Ohio. PNC/NCB ...... Cleveland ...... Ohio. AmTrust ...... Cleveland ...... Ohio. Commerce National Bank ...... Columbus ...... Ohio. The Home Loan Savings Bank ...... Coshocton ...... Ohio. The Covington Savings and Loan Association ...... Covington ...... Ohio. The Citizens Bank of DeGraff ...... De Graff ...... Ohio. Midwest Community FCU ...... Defiance ...... Ohio. First National Bank of Germantown ...... Germantown ...... Ohio. Chaco Credit Union, Inc ...... Hamilton ...... Ohio. The Hicksville Bank ...... Hicksville ...... Ohio. The Citizens Bank of Higginsport ...... Higginsport ...... Ohio. The Delaware County Bank & Trust Company ...... Lewis Center ...... Ohio. The Home Builders Association ...... Lynchburg ...... Ohio. The Bank of Magnolia Company ...... Magnolia ...... Ohio. The Citizens Savings Bank ...... Martins Ferry ...... Ohio. Peoples First SB ...... Mason ...... Ohio. Western Reserve Bank ...... Medina ...... Ohio. Bramble Savings Bank ...... Milford ...... Ohio. The Commercial & Savings Bank of Millersburg ...... Millersburg ...... Ohio. The First National Bank of Nelsonville ...... Nelsonville ...... Ohio. Peoples National Bank ...... New Lexington ...... Ohio. The First National Bank of Pandora ...... Pandora ...... Ohio. Century Bank ...... Parma ...... Ohio. Farmers Bank and Savings Company ...... Pomeroy ...... Ohio. The St. Henry Bank ...... St. Henry ...... Ohio. The Arlington Bank ...... Upper Arlington ...... Ohio. The First Citizens National Bank of Upper Sandusky ...... Upper Sandusky ...... Ohio. The Commercial Savings Bank ...... Upper Sandusky ...... Ohio. The Versailles Savings and Loan Company ...... Versailles ...... Ohio. First National Bank of Waverly ...... Waverly ...... Ohio. Spring Valley Bank ...... Wyoming ...... Ohio. The Home Savings and Loan Company of Youngstown Ohio ...... Youngstown, ...... Ohio. Athens Federal Community Bank ...... Athens ...... Tennessee. People’s Bank and Trust Company of Pickett County ...... Byrdstown ...... Tennessee. Bank of Camden ...... Camden ...... Tennessee. Fort Campbell Federal Credit Union ...... Clarksville ...... Tennessee. Legends Bank ...... Clarksville ...... Tennessee. BankTennessee ...... Collierville ...... Tennessee. Greenfield Banking Company ...... Greenfield ...... Tennessee. First Peoples Bank of Tennessee ...... Jefferson City ...... Tennessee. Lawrenceburg FS&LA ...... Lawrenceburg ...... Tennessee. Community Bank ...... Lexington ...... Tennessee. Union Bank & Trust Company ...... Livingston ...... Tennessee. City of Memphis Credit Union ...... Memphis ...... Tennessee. Farmers State Bank ...... Mountain City ...... Tennessee. Citizens Savings Bank & Trust Company ...... Nashville ...... Tennessee. The Tennessee Credit Union ...... Nashville ...... Tennessee. The First National Bank of Oneida ...... Oneida ...... Tennessee. First Trust & Savings Bank ...... Oneida ...... Tennessee. Citizens Bank and Trust Company of Grainger County ...... Rutledge ...... Tennessee. The Bank of Waynesboro ...... Waynesboro ...... Tennessee.

Federal Home Loan Bank of Indianapolis—District 6

Knisely Bank ...... Butler ...... Indiana. The Elberfeld State Bank ...... Elberfeld ...... Indiana. FORUM Credit Union ...... Fishers ...... Indiana. Mutual Savings Bank ...... Franklin ...... Indiana. First FS & LA of Hammond ...... Hammond ...... Indiana. First Indiana Bank ...... Indianapolis ...... Indiana. The Lafayette Life Insurance Company ...... Lafayette ...... Indiana. Farmers State Bank ...... LaGrange ...... Indiana. Linden State Bank ...... Linden ...... Indiana.

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MFB Financial ...... Mishawaka ...... Indiana. St. Joseph Capital Bank ...... Mishawaka ...... Indiana. West End Bank, S.B ...... Richmond ...... Indiana. Scott County State Bank ...... Scottsburg ...... Indiana. Communitywide Federal Credit Union ...... South Bend ...... Indiana. Indiana State University Federal Credit Union ...... Terre Haute ...... Indiana. Steel Parts Federal Credit Union ...... Tipton ...... Indiana. Purdue Employees Federal Credit Union ...... West Lafayette ...... Indiana. United Communities National Bank ...... Winchester ...... Indiana. TLC Community Credit Union ...... Adrian ...... Michigan. Sunrise Family Credit Union ...... Bay City ...... Michigan. Brighton Commerce Bank ...... Brighton ...... Michigan. Macomb Community Bank ...... Clinton Township ..... Michigan. DFCU Financial ...... Dearborn ...... Michigan. Community Bank of Dearborn ...... Dearborn ...... Michigan. First Independence Bank ...... Detroit ...... Michigan. Communicating Arts Credit Union ...... Detroit ...... Michigan. Michigan State University FCU ...... East Lansing ...... Michigan. Northern Michigan Bank & Trust ...... Escanaba ...... Michigan. Citizens Bank ...... Flint ...... Michigan. Grand Haven Bank ...... Grand Haven ...... Michigan. Northpointe Bank ...... Grand Rapids ...... Michigan. Lake Michigan Credit Union ...... Grand Rapids ...... Michigan. Mercantile Bank of Michigan ...... Grand Rapids ...... Michigan. Greenville Community Bank ...... Greenville ...... Michigan. Mainstreet Savings Bank, FSB ...... Hastings ...... Michigan. The Bank of Holland ...... Holland ...... Michigan. Honor State Bank ...... Honor ...... Michigan. Ionia County National Bank of Ionia ...... Ionia ...... Michigan. First National Bank and Trust Company of Iron Mountain ...... Iron Mountain ...... Michigan. Mayville State Bank ...... Mayville ...... Michigan. Wolverine Bank, FSB ...... Midland ...... Michigan. Dow Chemical Employee Credit Union ...... Midland ...... Michigan. Northland Area Federal Credit Union ...... Oscoda ...... Michigan. The Port Austin State Bank ...... Port Austin ...... Michigan. Portage Commerce Bank ...... Portage ...... Michigan. Central Savings Bank ...... Sault Ste. Marie ...... Michigan. Sturgis Bank & Trust Company ...... Sturgis ...... Michigan. First Savings Bank, FSB ...... Three Rivers ...... Michigan. Howmet Credit Union ...... Whitehall ...... Michigan.

Federal Home Loan Bank of Chicago—District 7

Citizens National Bank of Albion ...... Albion ...... Illinois. Anna-Jonesboro National Bank ...... Anna ...... Illinois. The First National Bank of Arcola ...... Arcola ...... Illinois. Arcola Homestead Savings Bank ...... Arcola ...... Illinois. The First National Bank of Arenzville ...... Arenzville ...... Illinois. Ben Franklin Bank of Illinois ...... Arlington Heights ...... Illinois. State Bank of Ashland ...... Ashland ...... Illinois. Farmers State Bank of Astoria ...... Astoria ...... Illinois. The Atlanta National Bank ...... Atlanta ...... Illinois. Scott State Bank ...... Bethany ...... Illinois. First State Bank of Bloomington ...... Bloomington ...... Illinois. Midland Federal Savings and Loan Association ...... Bridgeview ...... Illinois. First National Bank of Brookfield ...... Brookfield ...... Illinois. Farmers and Merchants State Bank of Bushnell ...... Bushnell ...... Illinois. Byron Bank ...... Byron ...... Illinois. First State Bank of Campbell Hill ...... Campbell Hill ...... Illinois. Carrollton Bank ...... Carrollton ...... Illinois. State Bank of Cherry ...... Cherry ...... Illinois. Bank of Chestnut ...... Chestnut ...... Illinois. Chicago Patrolmens Federal Credit Union ...... Chicago ...... Illinois. Royal Savings Bank ...... Chicago ...... Illinois. American Metro Bank ...... Chicago ...... Illinois. Loomis Federal Savings & Loan Association ...... Chicago ...... Illinois. MB Financial Bank ...... Chicago ...... Illinois. North Side Federal Savings and Loan Association of Chicago ...... Chicago ...... Illinois. Seaway National Bank of Chicago ...... Chicago ...... Illinois. Hoyne Savings Bank ...... Chicago ...... Illinois. Central Federal Savings and Loan Association ...... Cicero ...... Illinois. Second Federal Savings and Loan Association ...... Cicero ...... Illinois. Central State Bank ...... Clayton ...... Illinois. DeWitt Savings Bank ...... Clinton ...... Illinois. First Collinsville Bank ...... Collinsville ...... Illinois. First United Bank ...... Crete ...... Illinois.

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Crystal Lake Bank & Trust Company, N.A ...... Crystal Lake ...... Illinois. Soy Capital Bank & Trust Company ...... Decatur ...... Illinois. Castle Bank, N.A ...... DeKalb ...... Illinois. Downers Grove National Bank ...... Downers Grove ...... Illinois. Erie State Bank ...... Erie ...... Illinois. Community First Bank ...... Fairview Heights ...... Illinois. Bank of Farmington ...... Farmington ...... Illinois. First State Bank of Forrest ...... Forrest ...... Illinois. Community State Bank ...... Galva ...... Illinois. Gifford State Bank ...... Gifford ...... Illinois. Harvard Savings Bank ...... Harvard ...... Illinois. Mutual Bank ...... Harvey ...... Illinois. Premier Bank of Jacksonville ...... Jacksonville ...... Illinois. Joy State Bank ...... Joy ...... Illinois. First Trust Bank of Illinois ...... Kankakee ...... Illinois. First National Bank of LaGrange ...... LaGrange ...... Illinois. Exchange State Bank ...... Lanark ...... Illinois. Lemont National Bank ...... Lemont ...... Illinois. State Bank of Lincoln ...... Lincoln ...... Illinois. Prairie Community Bank ...... Marengo ...... Illinois. A.J. Smith Federal Savings Bank ...... Midlothian ...... Illinois. Southeast National Bank ...... Moline ...... Illinois. Security Savings Bank ...... Monmouth ...... Illinois. Farmers State Bank and Trust Company ...... Mt. Sterling ...... Illinois. The First National Bank ...... Mulberry Grove ...... Illinois. First County Bank ...... New Baden ...... Illinois. Warren-Boynton State Bank ...... New Berlin ...... Illinois. Peoples State Bank of Newton ...... Newton ...... Illinois. Old Exchange National Bank ...... Okawville ...... Illinois. First Personal Bank ...... Orland Park ...... Illinois. Ottawa Savings Bank ...... Ottawa ...... Illinois. Peoples Bank & Trust ...... Pana ...... Illinois. State Bank of Paw Paw ...... Paw Paw ...... Illinois. Farmers-Merchants National Bank of Paxton ...... Paxton ...... Illinois. Better Banks ...... Peoria ...... Illinois. The Heights Bank ...... Peoria Heights ...... Illinois. Town & Country Bank of Quincy ...... Quincy ...... Illinois. Community State Bank of Rock Falls ...... Rock Falls ...... Illinois. Alpine Bank of Illinois ...... Rockford ...... Illinois. Rushville State Bank ...... Rushville ...... Illinois. AmericaUnited Bank and Trust Company USA ...... Schaumburg ...... Illinois. American Chartered Bank ...... Schaumburg ...... Illinois. State Bank of Speer ...... Speer ...... Illinois. Illini Bank ...... Springfield ...... Illinois. Tuscola National Bank ...... Tuscola ...... Illinois. Baxter Credit Union ...... Vernon Hills ...... Illinois. Petefish, Skiles and Company Bank ...... Virginia ...... Illinois. First DuPage Bank ...... Westmont ...... Illinois. Community Bank ...... Winslow ...... Illinois. State Bank ...... Wonder Lake ...... Illinois. Portage County Bank ...... Almond ...... Wisconsin. Pioneer Bank ...... Auburndale ...... Wisconsin. First Bank of Baldwin ...... Baldwin ...... Wisconsin. Black River Country Bank ...... Black River Falls ...... Wisconsin. Bonduel State Bank ...... Bonduel ...... Wisconsin. Bank of Cashton ...... Cashton ...... Wisconsin. Farmers & Merchants Union Bank ...... Columbus ...... Wisconsin. Wisconsin Community Bank ...... Cottage Grove ...... Wisconsin. Cumberland Federal Bank, FSB ...... Cumberland ...... Wisconsin. Town Bank ...... Delafield ...... Wisconsin. Cornerstone Community Bank ...... Grafton ...... Wisconsin. Bay Bank ...... Green Bay ...... Wisconsin. Highland State Bank ...... Highland ...... Wisconsin. The Park Bank ...... Holmen ...... Wisconsin. Security State Bank ...... Iron River ...... Wisconsin. East Wisconsin Savings Bank, S.A ...... Kaukauna ...... Wisconsin. Greenwood’s State Bank ...... Lake Mills ...... Wisconsin. Bank of Milton ...... Milton ...... Wisconsin. Bank Mutual ...... Milwaukee ...... Wisconsin. Securant Bank & Trust ...... Milwaukee ...... Wisconsin. First National Bank—Fox Valley ...... Neenah ...... Wisconsin. Mound City Bank ...... Platteville ...... Wisconsin. Clare Bank, N.A...... Platteville ...... Wisconsin. First National Bank of Platteville ...... Platteville ...... Wisconsin. First National Bank of River Falls ...... River Falls ...... Wisconsin. Intercity State Bank ...... Schofield ...... Wisconsin.

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Community Bank & Trust ...... Sheboygan ...... Wisconsin. Bank of Sun Prairie ...... Sun Prairie ...... Wisconsin. The State Bank of Viroqua ...... Viroqua ...... Wisconsin. Walworth State Bank ...... Walworth ...... Wisconsin. First Federal Bank of Wisconsin ...... Waukesha ...... Wisconsin. River Cities Bank ...... Wisconsin Rapids ...... Wisconsin. KeySavings Bank ...... Wisconsin Rapids ...... Wisconsin. Wood Trust Bank, NA ...... Wisconsin Rapids ...... Wisconsin.

Federal Home Loan Bank of Des Moines—District 8

Gateway Savings Bank ...... Ankeny ...... Iowa. Landmands National Bank ...... Audubon ...... Iowa. Community Bank of Boone ...... Boone ...... Iowa. Commercial Savings Bank ...... Carroll ...... Iowa. Iowa Savings Bank ...... Carroll ...... Iowa. Page County State Bank ...... Clarinda ...... Iowa. Linn County State Bank ...... Coggon ...... Iowa. Farmers Savings Bank ...... Colesburg ...... Iowa. Okey Vernon First National Bank ...... Corning ...... Iowa. Corydon State Bank ...... Corydon ...... Iowa. Fortress Bank of Cresco ...... Cresco ...... Iowa. Alliant Credit Union ...... Dubuque ...... Iowa. First National Bank in Fairfield ...... Fairfield ...... Iowa. Farmers Savings Bank ...... Fostoria ...... Iowa. Grinnell Mutual Reinsurance Company ...... Grinnell ...... Iowa. Security State Bank ...... Hubbard ...... Iowa. Security State Bank ...... Hubbard ...... Iowa. Farmers State Bank ...... Jesup ...... Iowa. First State Bank of Mapleton ...... Mapleton ...... Iowa. Maxwell State Bank ...... Maxwell ...... Iowa. Bridge Community Bank ...... Mechanicsville ...... Iowa. State Bank and Trust Company ...... Nevada ...... Iowa. New Vienna Savings Bank ...... New Vienna ...... Iowa. First Newton National Bank ...... Newton ...... Iowa. First State Bank ...... Nora Springs ...... Iowa. The First National Bank, Oelwein ...... Oelwein ...... Iowa. City State Bank ...... Ogden ...... Iowa. American State Bank ...... Osceola ...... Iowa. Panora State Bank ...... Panora ...... Iowa. Marion County State Bank ...... Pella ...... Iowa. Savings Bank ...... Primghar ...... Iowa. Readlyn Savings Bank ...... Readlyn ...... Iowa. Premier Bank ...... Rock Valley ...... Iowa. Home State Bank ...... Royal ...... Iowa. Iowa State Bank ...... Sac City ...... Iowa. Sanborn Savings Bank ...... Sanborn ...... Iowa. The State Bank ...... Spirit Lake ...... Iowa. The State Bank of Toledo ...... Toledo ...... Iowa. Farmers Savings Bank ...... Walford ...... Iowa. Iowa State Bank ...... Wapello ...... Iowa. State Bank and Trust Company ...... Waverly ...... Iowa. First State Bank ...... Webster City ...... Iowa. Freedom Financial Bank ...... West Des Moines ...... Iowa. Union State Bank ...... Winterset ...... Iowa. Farmers & Merchants State Bank ...... Winterset ...... Iowa. First State Bank of Alexandria ...... Alexandria ...... Minnesota. Altura State Bank ...... Altura ...... Minnesota. First State Bank and Trust ...... Bayport ...... Minnesota. First National Bank Bemidji ...... Bemidji ...... Minnesota. American National Bank of Minnesota ...... Brainerd ...... Minnesota. State Bank of Bricelyn ...... Bricelyn ...... Minnesota. Farmers and Merchants State Bank ...... Clarkfield ...... Minnesota. The First National Bank of Coleraine ...... Coleraine ...... Minnesota. Farmers State Bank of Dent ...... Dent ...... Minnesota. Northwestern Bank N.A ...... Dilworth ...... Minnesota. Western National Bank ...... Duluth ...... Minnesota. Fidelity Bank ...... Edina ...... Minnesota. State Bank of Fairmont ...... Fairmont ...... Minnesota. Franklin State Bank ...... Franklin ...... Minnesota. Commerce Bank ...... Geneva ...... Minnesota. First National Bank ...... Gilbert ...... Minnesota. Eagle Bank ...... Glenwood ...... Minnesota. Yellow Medicine County Bank ...... Granite Falls ...... Minnesota. Marshall Bank National Association ...... Hallock ...... Minnesota. 1st American State Bank of Minnesota ...... Hancock ...... Minnesota.

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First Southeast Bank ...... Harmony ...... Minnesota. Farmers State Bank of Hartland ...... Hartland ...... Minnesota. Merchant Bank, National Association ...... Hastings ...... Minnesota. Exchange State Bank ...... Hills ...... Minnesota. CornerStone State Bank ...... La Sueur ...... Minnesota. First Community Bank Lester Prairie ...... Lester Prairie ...... Minnesota. Center National Bank ...... Litchfield ...... Minnesota. Northern Star Bank ...... Mankato ...... Minnesota. First National Bank of Montgomery ...... Montgomery ...... Minnesota. United Farmers & Merchants State Bank ...... Morris ...... Minnesota. Lakewood Bank N.A...... Nisswa ...... Minnesota. Citizens State Bank Norwood Young America ...... Norwood Young Minnesota. America. Washington County Bank ...... Oakdale ...... Minnesota. Odin State Bank ...... Odin ...... Minnesota. Prinsburg State Bank ...... Prinsburg ...... Minnesota. Randall State Bank ...... Randall ...... Minnesota. Woodland Bank ...... Remer ...... Minnesota. Home Federal Savings Bank ...... Rochester ...... Minnesota. North Star Bank ...... Roseville ...... Minnesota. Unity Bank ...... Rush City ...... Minnesota. First Community Bank ...... Savage ...... Minnesota. First Community Bank Silver Lake ...... Silver Lake ...... Minnesota. Park Midway Bank ...... St. Paul ...... Minnesota. Integrity Plus Bank ...... Wabasso ...... Minnesota. Citizens State Bank of Waverly, Inc ...... Waverly ...... Minnesota. Community Bank Minnesota Valley ...... Wayzata ...... Minnesota. Wells Federal Bank ...... Wells ...... Minnesota. St. Paul Postal Employees Credit Union ...... Woodbury ...... Minnesota. Worthington Federal Savings Bank f.s.b ...... Worthington ...... Minnesota. First State Bank Southwest ...... Worthington ...... Minnesota. First Missouri National Bank ...... Brookfield ...... Missouri. BC National Banks ...... Butler ...... Missouri. Community First Bank ...... Butler ...... Missouri. Carroll County Savings and Loan Association ...... Carrollton ...... Missouri. Investors National Bank ...... Chillicothe ...... Missouri. Chillicothe State Bank ...... Chillicothe ...... Missouri. Boone National Savings and Loan ...... Columbia ...... Missouri. Concordia Bank ...... Concordia ...... Missouri. Ozarks Federal Savings and Loan Association ...... Farmington ...... Missouri. First State Community Bank ...... Farmington ...... Missouri. Eagle Bank & Trust Company of Missouri ...... Festus ...... Missouri. The Callaway Bank ...... Fulton ...... Missouri. Northland National Bank ...... Gladstone ...... Missouri. Bank Northwest ...... Hamilton ...... Missouri. HNB National Bank ...... Hannibal ...... Missouri. Peoples Savings Bank of Rhineland ...... Hermann ...... Missouri. Bank of Iberia ...... Iberia ...... Missouri. Generations Bank ...... Kansas City ...... Missouri. Kennett National Bank ...... Kennett ...... Missouri. Lamar Bank & Trust Company ...... Lamar ...... Missouri. Central Bank ...... Lebanon ...... Missouri. Summit Bank of Kansas City ...... Lee’s Summit ...... Missouri. Legends Bank ...... Linn ...... Missouri. First National Bank ...... Malden ...... Missouri. Wood & Huston Bank ...... Marshall ...... Missouri. Community Bank of Marshall ...... Marshall ...... Missouri. The First National Bank of Audrain County ...... Mexico ...... Missouri. Peoples Bank of the Ozarks ...... Nixa ...... Missouri. First Midwest Bank of the Ozarks ...... Piedmont ...... Missouri. The State Bank ...... Richmond ...... Missouri. Town & Country Bank ...... Salem ...... Missouri. Farmers State Bank, S/B ...... Schell City ...... Missouri. Third National Bank ...... Sedalia ...... Missouri. Senath State Bank ...... Senath ...... Missouri. The Community Bank of Shell Knob ...... Shell Knob ...... Missouri. Old Missouri National Bank ...... Springfield ...... Missouri. First State Bank of St. Charles ...... St. Charles ...... Missouri. The PrivateBank ...... St. Louis ...... Missouri. Midwest BankCentre ...... St. Louis ...... Missouri. Bank of Thayer ...... Thayer ...... Missouri. Quarry City Savings and Loan Association ...... Warrensburg ...... Missouri. First State Bank of Cando ...... Cando ...... North Dakota. Citizens State Bank—Midwest ...... Cavalier ...... North Dakota. Union State Bank of Fargo ...... Fargo ...... North Dakota. U.S. Bank, N.A ...... Fargo ...... North Dakota.

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State Bank & Trust of Kenmare ...... Kenmare ...... North Dakota. Farmers & Merchants State Bank ...... Langdon ...... North Dakota. First Western Bank & Trust ...... Minot ...... North Dakota. Lakeside State Bank ...... New Town ...... North Dakota. McKenzie County Bank ...... Watford City ...... North Dakota. BankStar Financial ...... Elkton ...... South Dakota. Farmers State Bank ...... Flandreau ...... South Dakota. First State Bank of Claremont ...... Groton ...... South Dakota. Dakotaland Federal Credit Union ...... Huron ...... South Dakota. BankFirst ...... Sioux Falls ...... South Dakota. Home Federal Bank ...... Sioux Falls ...... South Dakota. Great Western Bank ...... Sioux Falls ...... South Dakota. First State Bank ...... Wilmot ...... South Dakota. First National Bank South Dakota ...... Yankton ...... South Dakota.

Federal Home Loan Bank of Dallas—District 9

First Community Bank ...... Batesville ...... Arkansas. Farmers Bank and Trust Company ...... Blytheville ...... Arkansas. First State Bank ...... Conway ...... Arkansas. River Town Bank ...... Dardanelle ...... Arkansas. First Financial Bank ...... El Dorado ...... Arkansas. First State Bank of Northwest Arkansas ...... Fayetteville ...... Arkansas. Fordyce Bank & Trust Company ...... Fordyce ...... Arkansas. Forrest City Bank, NA ...... Forrest City ...... Arkansas. Benefit Bank ...... Ft. Smith ...... Arkansas. Simmons First Bank of South Arkansas ...... Lake Village ...... Arkansas. Southern State Bank ...... Malvern ...... Arkansas. Allied Bank ...... Mulberry ...... Arkansas. The First National Bank at Paris ...... Paris ...... Arkansas. Delta Trust & Bank ...... Parkdale ...... Arkansas. Pine Bluff National Bank ...... Pine Bluff ...... Arkansas. Simmons First Bank of Northwest Arkansas ...... Rogers ...... Arkansas. FNB of Stuttgart ...... Stuttgart ...... Arkansas. Red River Bank ...... Alexandria ...... Louisiana. E Federal Credit Union ...... Baton Rouge ...... Louisiana. Bank of Coushatta ...... Coushatta ...... Louisiana. St. Tammany Homestead Savings & Loan Association ...... Covington ...... Louisiana. City Savings Bank & Trust Company ...... DeRidder ...... Louisiana. Teche Federal Bank ...... Franklin ...... Louisiana. Florida Parishes Bank ...... Hammond ...... Louisiana. Coastal Commerce Bank ...... Houma ...... Louisiana. Synergy Bank ...... Houma ...... Louisiana. Guaranty Savings Bank ...... Metairie ...... Louisiana. Mutual Savings and Loan Association ...... Metairie ...... Louisiana. Eureka Homestead ...... Metairie ...... Louisiana. Hibernia Homestead & Savings Association ...... New Orleans ...... Louisiana. Peoples Bank & Trust Company of Pointe Coupee Parish, Inc ...... New Roads ...... Louisiana. Homestead Bank ...... Ponchatoula ...... Louisiana. American Gateway Bank ...... Port Allen ...... Louisiana. Richland State Bank ...... Rayville ...... Louisiana. Bank of Ringgold ...... Ringgold ...... Louisiana. Ruston Building & Loan Association ...... Ruston ...... Louisiana. First Louisiana Bank ...... Shreveport ...... Louisiana. Bank of St. Francisville ...... St. Francisville ...... Louisiana. The Bank of Commerce ...... White Castle ...... Louisiana. Amory Federal Savings and Loan Association ...... Amory ...... Mississippi. Spirit Bank ...... Belmont ...... Mississippi. The Peoples Bank ...... Biloxi ...... Mississippi. Bank of Brookhaven ...... Brookhaven ...... Mississippi. The Cleveland State Bank ...... Cleveland ...... Mississippi. Commerce National Bank ...... Corinth ...... Mississippi. Bank of Holly Springs ...... Holly Springs ...... Mississippi. Community Bank of Meridian ...... Meridian ...... Mississippi. Britton & Koontz First National Bank ...... Natchez ...... Mississippi. Sycamore Bank ...... Senatobia ...... Mississippi. Mechanics Bank ...... Water Valley ...... Mississippi. First National Bank of Alamogordo ...... Alamogordo ...... New Mexico. International Bank ...... Raton ...... New Mexico. Tucumcari Federal Savings & Loan Association ...... Tucumcari ...... New Mexico. Reliance Standard Life Insurance Company of Texas ...... Philadelphia ...... Pennsylvania. First State Bank ...... Athens ...... Texas. Community Resource Credit Union ...... Baytown ...... Texas. Fannin Bank ...... Bonham ...... Texas. Texas Heritage Bank ...... Cross Plains ...... Texas. Zavala County Bank ...... Crystal City ...... Texas.

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PlainsCapital Bank ...... Dallas ...... Texas. Credit Union of Texas ...... Dallas ...... Texas. Dallas National Bank ...... Dallas ...... Texas. Nex Bank, SSB ...... Dallas ...... Texas. First United Bank ...... Dimmitt ...... Texas. First National Bank ...... Dublin ...... Texas. Union State Bank ...... Florence ...... Texas. Fort Worth National Bank ...... Fort Worth ...... Texas. OmniAmerican Bank ...... Fort Worth ...... Texas. First State Bank ...... Frankston ...... Texas. Texas Republic Bank, N.A ...... Frisco ...... Texas. Community Bank ...... Granbury ...... Texas. Hebbronville State Bank ...... Hebbronville ...... Texas. Community National Bank ...... Hondo ...... Texas. Central Bank ...... Houston ...... Texas. MetroBank, N.A...... Houston ...... Texas. Woodforest National Bank ...... Houston ...... Texas. Southwestern National Bank ...... Houston ...... Texas. Austin Bank ...... Jacksonville ...... Texas. Texas State Bank ...... Joaquin ...... Texas. First State Bank Texas ...... Keene ...... Texas. First National Bank of Lake Jackson ...... Lake Jackson ...... Texas. First Federal Savings & Loan Association ...... Littlefield ...... Texas. Mason National Bank ...... Mason ...... Texas. Inter National Bank ...... McAllen ...... Texas. Western National Bank ...... Midland ...... Texas. Mineola Community Bank S.S.B ...... Mineola ...... Texas. City National Bank ...... Mineral Wells ...... Texas. American National Bank ...... Mt. Pleasant ...... Texas. Commercial Bank of Texas, N.A ...... Nacogdoches ...... Texas. Security State Bank ...... Odessa ...... Texas. Orange Savings Bank ...... Orange ...... Texas. Lone Star National Bank ...... Pharr ...... Texas. Beal Bank, SSB ...... Plano ...... Texas. South Padre Bank, N.A ...... South Padre Island .... Texas. First Financial Bank, N.A ...... Southlake ...... Texas. First National Bank of Trinity ...... Trinity ...... Texas. Citizens State Bank ...... Tyler ...... Texas. First National Bank of Bosque County ...... Valley Mills ...... Texas. Extraco Banks, National Association ...... Waco ...... Texas. Community Bank and Trust ...... Waco ...... Texas. First National Bank of Central Texas ...... Waco ...... Texas.

Federal Home Loan Bank of Topeka—District 10

Citywide Banks ...... Aurora ...... Colorado. Premier Members Federal Credit Union ...... Boulder ...... Colorado. First National Bank, Cortez ...... Cortez ...... Colorado. Del Norte Federal Bank ...... Del Norte ...... Colorado. Rocky Mountain Law Enforcement Federal Credit Union ...... Denver ...... Colorado. Colorado United Credit Union ...... Denver ...... Colorado. Premier Bank ...... Denver ...... Colorado. Bank of the San Juans ...... Durango ...... Colorado. FirstBank of Evergreen ...... Evergreen ...... Colorado. Fort Morgan State Bank ...... Fort Morgan ...... Colorado. Points West Community Bank ...... Julesberg ...... Colorado. Kit Carson State Bank ...... Kit Carson ...... Colorado. The State Bank—La Junta ...... La Junta ...... Colorado. Home State Bank ...... Loveland ...... Colorado. First Colorado National Bank ...... Paonia ...... Colorado. FirstBank of Parker ...... Parker ...... Colorado. The First National Bank of Stratton ...... Stratton ...... Colorado. Home Savings Bank ...... Chanute ...... Kansas. Bank of Commerce ...... Chanute ...... Kansas. Farmers & Merchants Bank of Colby ...... Colby ...... Kansas. Legacy Bank ...... Colwich ...... Kansas. The State Bank of Conway Springs ...... Conway Springs ...... Kansas. Farmers & Drovers Bank ...... Council Grove ...... Kansas. Citizens State Bank & Trust Company ...... Ellsworth ...... Kansas. The State Bank of Kansas ...... Fredonia ...... Kansas. Gardner National Bank ...... Gardner ...... Kansas. Community Bank of the Midwest ...... Great Bend ...... Kansas. The Halstead Bank ...... Halstead ...... Kansas. Security Bank of Kansas City ...... Kansas City ...... Kansas. Douglas County Bank ...... Lawrence ...... Kansas. First National Bank and Trust Company of Leavenworth ...... Leavenworth ...... Kansas.

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National Bank of Kansas City ...... Leawood ...... Kansas. Lyons State Bank ...... Lyons ...... Kansas. Farmers State Bank ...... McPherson ...... Kansas. The Mission Bank ...... Mission ...... Kansas. Mulvane State Bank ...... Mulvane ...... Kansas. Farmers State Bank ...... Oakley ...... Kansas. First National Bank of Olathe ...... Olathe ...... Kansas. Valley View State Bank ...... Overland Park ...... Kansas. Citizens State Bank ...... Paola ...... Kansas. University National Bank ...... Pittsburg ...... Kansas. Alliant Bank ...... Sedgwick ...... Kansas. TriCentury Bank ...... Simpson ...... Kansas. First Bank ...... Sterling ...... Kansas. Valley State Bank ...... Syracuse ...... Kansas. The Tampa State Bank ...... Tampa ...... Kansas. Kaw Valley Bank ...... Topeka ...... Kansas. Community National Bank ...... Topeka ...... Kansas. INTRUST Bank, N.A...... Wichita ...... Kansas. Chisholm Trail State Bank ...... Wichita ...... Kansas. Bank of The Valley ...... Bellwood ...... Nebraska. Bank of Bennington ...... Bennington ...... Nebraska. Washington County Bank ...... Blair ...... Nebraska. Custer Federal Savings and Loan Association ...... Broken Bow ...... Nebraska. First Central Bank ...... Cambridge ...... Nebraska. Citizens State Bank ...... Carleton ...... Nebraska. Ceresco Bank ...... Ceresco ...... Nebraska. First Bank and Trust Company ...... Cozad ...... Nebraska. Jefferson County Bank ...... Daykin ...... Nebraska. First National Bank in Exeter ...... Exeter ...... Nebraska. Farnam Bank ...... Farnam ...... Nebraska. American National Bank of Fremont ...... Fremont ...... Nebraska. First State Bank & Trust Company ...... Fremont ...... Nebraska. Gothenburg State Bank and Trust Company ...... Gothenburg ...... Nebraska. Five Points Bank of Hastings ...... Hastings ...... Nebraska. Henderson State Bank ...... Henderson ...... Nebraska. Farmers State Bank ...... Maywood ...... Nebraska. First Central Bank McCook, NA ...... McCook ...... Nebraska. Farmers and Merchants Bank ...... Milligan ...... Nebraska. Centennial Bank ...... Omaha ...... Nebraska. First National Bank ...... Omaha ...... Nebraska. The Potter State Bank of Potter ...... Potter ...... Nebraska. Peoples-Webster City Bank ...... Red Cloud ...... Nebraska. First State Bank ...... Shelton ...... Nebraska. Sutton State Bank ...... Sutton ...... Nebraska. First National Bank and Trust of Syracuse ...... Syracuse ...... Nebraska. Citizens Bank of Ada ...... Ada ...... Oklahoma. Stockmans Bank ...... Altus ...... Oklahoma. First National Bank in Altus ...... Altus ...... Oklahoma. The First National Bank and Trust Company of Broken Arrow ...... Broken Arrow ...... Oklahoma. Farmers Exchange Bank ...... Cherokee ...... Oklahoma. First National Bank and Trust Company ...... Chickasha ...... Oklahoma 1st Bank Oklahoma ...... Claremore ...... Oklahoma. Kirkpatrick Bank ...... Edmond ...... Oklahoma. Bank of Western Oklahoma ...... Elk City ...... Oklahoma. Liberty Federal Savings Bank ...... Enid ...... Oklahoma. Fairview Savings and Loan Association ...... Fairview ...... Oklahoma. Oklahoma State Bank ...... Guthrie ...... Oklahoma. City National Bank & Trust Company ...... Guymon ...... Oklahoma. The Bank of Kremlin ...... Kremlin ...... Oklahoma. Liberty National Bank—Lawton ...... Lawton ...... Oklahoma. Exchange National Bank ...... Moore ...... Oklahoma. The Morris State Bank ...... Morris ...... Oklahoma. First Security Bank and Trust Company ...... Oklahoma City ...... Oklahoma. Oklahoma Educators Credit Union ...... Oklahoma City ...... Oklahoma. Citizens Bank of Oklahoma ...... Pawhuska ...... Oklahoma. Osage Federal Bank ...... Pawhuska ...... Oklahoma. Security Bank ...... Pawnee ...... Oklahoma. Exchange Bank and Trust Company ...... Perry ...... Oklahoma. Central National Bank of Poteau ...... Poteau ...... Oklahoma. First Pryority Bank ...... Pryor ...... Oklahoma. Peoples Bank & Trust Company ...... Ryan ...... Oklahoma. InterBank ...... Sayre ...... Oklahoma. Southwest State Bank ...... Sentinel ...... Oklahoma. Advantage Bank ...... Spencer ...... Oklahoma. Bank of Commerce ...... Stilwell ...... Oklahoma. American Bank and Trust Company ...... Tulsa ...... Oklahoma.

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Sooner State Bank ...... Tuttle ...... Oklahoma. The Bank of Union ...... Union City ...... Oklahoma. First State Bank ...... Valliant ...... Oklahoma. First State Bank ...... Watonga ...... Oklahoma. Peoples Bank ...... Westville ...... Oklahoma. The Bank of Wyandotte ...... Wyandotte ...... Oklahoma. Yukon National Bank ...... Yukon ...... Oklahoma.

Federal Home Loan Bank of San Francisco—District 11

Western Security Bank ...... Scottsdale ...... Arizona. Los Angeles National Bank ...... Buena Park ...... California. Burbank City Federal Credit Union ...... Burbank ...... California. Pacific Trust Bank ...... Chula Vista ...... California. Kaiser Federal Bank ...... Covina ...... California. Financial Partners Credit Union ...... Downey ...... California. Centennial Bank ...... Fountain Valley ...... California. Murphy Bank ...... Fresno ...... California. USC Federal Credit Union ...... Los Angeles ...... California. Neighborhood National Bank ...... National City ...... California. Heritage Oaks Bank ...... Paso Robles ...... California 1st Centennial Bank ...... Redlands ...... California. Provident Credit Union ...... Redwood Shores ...... California. Provident Savings Bank, S.B ...... Riverside ...... California. Five Star Bank ...... Rocklin ...... California. River City Bank ...... Sacramento ...... California. First U.S. Community Credit Union ...... Sacramento ...... California. San Diego National Bank ...... San Diego ...... California. Pacific Coast Bankers’ Bank ...... San Francisco ...... California. Bank of the Orient ...... San Francisco ...... California. Meriwest Credit Union ...... San Jose ...... California. Tamalpais Bank ...... San Rafael ...... California. Santa Cruz Community Credit Union ...... Santa Cruz ...... California. Los Padres Bank ...... Solvang ...... California. Sonoma Valley Bank ...... Sonoma ...... California. Bank of Stockton ...... Stockton ...... California. South Bay Bank, N.A ...... Torrance ...... California. Universal Bank ...... West Covina ...... California.

Federal Home Loan Bank of Seattle—District 12

Credit Union 1 ...... Anchorage ...... Alaska. Citizens Security Bank (Guam), Inc ...... Agana ...... Guam. FirstBank Northwest ...... Clarkston ...... Idaho. Panhandle State Bank ...... Sand Point ...... Idaho. First Citizens Bank of Billings ...... Billings ...... Montana. First Citizens Bank of Butte ...... Butte ...... Montana. Dutton State Bank ...... Dutton ...... Montana. Valley Bank of Glasgow ...... Glasgow ...... Montana 1st Liberty Federal Credit Union ...... Great Falls ...... Montana. Independence Bank ...... Havre ...... Montana. Manhattan Bank ...... Manhattan ...... Montana. Community Bank-Missoula, Inc ...... Missoula ...... Montana. First Security Bank of Missoula ...... Missoula ...... Montana. Community Bank, Inc ...... Ronan ...... Montana. Basin State Bank ...... Stanford ...... Montana. Evergreen FS&LA ...... Grants Pass ...... Oregon. Bank of Eastern Oregon ...... Heppner ...... Oregon. South Valley Bank and Trust ...... Klamath Falls ...... Oregon. Bank of America Oregon, N.A ...... Portland ...... Oregon. USU Charter Credit Union ...... Logan ...... Utah. Franklin Templeton Bank & Trust, FSB ...... Salt Lake City ...... Utah. American Marine Bank ...... Bainbridge Island ...... Washington. Charter Bank ...... Bellevue ...... Washington. Fife Commercial Bank ...... Fife ...... Washington. Bank of Washington ...... Lynnwood ...... Washington. Whidbey Island Bank ...... Oak Harbor ...... Washington. Olympia FS&LA ...... Olympia ...... Washington. TwinStar Credit Union ...... Olympia ...... Washington. First FS & LA of Port Angeles ...... Port Angeles ...... Washington. Washington Mutual Bank F.A ...... Seattle ...... Washington. Seattle Savings Bank ...... Seattle ...... Washington. Our Community Credit Union ...... Shelton ...... Washington. Old Standard Life Insurance Company ...... Spokane ...... Washington. Western United Life Assurance Co ...... Spokane Valley ...... Washington. Riverview Community Bank ...... Vancouver ...... Washington.

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Yakima FS&LA ...... Yakima ...... Washington. One Bank of Star Valley ...... Afton ...... Wyoming. Buffalo FSB ...... Buffalo ...... Wyoming. Hilltop National Bank ...... Casper ...... Wyoming. Tri-County Bank ...... Cheyenne ...... Wyoming. Big Horn FSB ...... Greybull ...... Wyoming. Oregon Trail Bank ...... Guernsey ...... Wyoming. Rock Springs National Bank ...... Rock Springs ...... Wyoming. Rocky Mountain Bank ...... Rock Springs ...... Wyoming. Pinnacle Bank—Wyoming ...... Torrington ...... Wyoming.

II. Public Comments persons may express their views in enforced by the Commission. Those To encourage the submission of writing on the standards enumerated in clearances expire on February 28, 2009. public comments on the community the BHC Act (12 U.S.C. 1842(c)). If the DATES: Comments must be received by support performance of Bank members, proposal also involves the acquisition of March 16, 2009. on or before February 27, 2009, each a nonbanking company, the review also ADDRESSES: Interested parties are Bank will notify its Advisory Council includes whether the acquisition of the invited to submit written comments and nonprofit housing developers, nonbanking company complies with the electronically or in paper form. community groups, and other interested standards in section 4 of the BHC Act Comments should refer to ‘‘Apparel parties in its district of the members (12 U.S.C. 1843). Unless otherwise Rules: FTC File No. P074201’’ to selected for community support review noted, nonbanking activities will be facilitate the organization of comments. in the 2008–09 fourth quarter review conducted throughout the United States. Please note that comments will be cycle. 12 CFR 944.2(b)(2)(ii). In Additional information on all bank placed on the public record of this reviewing a member for community holding companies may be obtained proceeding—including on the publicly support compliance, FHFA will from the National Information Center accessible FTC website, at (http:// consider any public comments it has website at www.ffiec.gov/nic/. www.ftc.gov/os/publiccomments.shtm) received concerning the member. 12 Unless otherwise noted, comments — and therefore should not include any CFR 944.2(d). To ensure consideration regarding each of these applications sensitive or confidential information. In by FHFA, comments concerning the must be received at the Reserve Bank particular, comments should not community support performance of indicated or the offices of the Board of include any sensitive personal members selected for the 2008–09 Governors not later than March 6, 2009. information, such as an individual’s fourth quarter review cycle must be A. Federal Reserve Bank of Kansas Social Security Number; date of birth; delivered to FHFA on or before the City (Todd Offerbacker, Assistant Vice driver’s license number or other state March 27, 2009 deadline for submission President) 925 Grand Avenue, Kansas identification number, or foreign of Community Support Statements. City, Missouri 64198-0001: country equivalent; passport number; 1. Banner County Ban Corporation, Dated: February 6, 2009. financial account number; or credit or Harrisburg, Nebraska; to acquire 100 debit card number. Comments also James B. Lockhart III, percent of the voting shares of Cowboy should not include any sensitive health Director, Federal Housing Finance Agency. State Bank, Ranchester, Wyoming. information, such as medical records or [FR Doc. E9–3057 Filed 2–11–09; 8:45 am] Board of Governors of the Federal Reserve other individually identifiable health BILLING CODE 8070–01–P System, February 6, 2009. information. In addition, comments Robert deV. Frierson, should not include any ‘‘[t]rade secrets Deputy Secretary of the Board. and commercial or financial information FEDERAL RESERVE SYSTEM obtained from a person and privileged [FR Doc.E9–2920 Filed 2–11–09; 8:45 am] or confidential. . . .,’’ as provided in Formations of, Acquisitions by, and BILLING CODE 6210–01–S Section 6(f) of the FTC Act, 15 U.S.C. Mergers of Bank Holding Companies 46(f), and Commission Rule 4.10(a)(2), The companies listed in this notice 16 CFR 4.10(a)(2). Comments containing FEDERAL TRADE COMMISSION have applied to the Board for approval, material for which confidential treatment is requested must be filed in pursuant to the Bank Holding Company Agency Information Collection paper form, must be clearly labeled Act of 1956 (12 U.S.C. 1841 et seq.) Activities; Submission for OMB ‘‘Confidential,’’ and must comply with (BHC Act), Regulation Y (12 CFR Part Review; Comment Request 225), and all other applicable statutes FTC Rule 4.9(c).1 and regulations to become a bank AGENCY: Federal Trade Commission Because paper mail addressed to the holding company and/or to acquire the (‘‘FTC’’ or ‘‘Commission’’). FTC is subject to delay due to heightened security screening, please assets or the ownership of, control of, or ACTION: Notice. the power to vote shares of a bank or consider submitting your comments in bank holding company and all of the SUMMARY: The information collection electronic form. Comments filed in banks and nonbanking companies requirements described below will be electronic form should be submitted by owned by the bank holding company, submitted to the Office of Management using the following weblink: (https:// including the companies listed below. and Budget (‘‘OMB’’) for review, as The applications listed below, as well required by the Paperwork Reduction 1 FTC Rule 4.2(d), 16 CFR 4.2(d). The comment must be accompanied by an explicit request for as other related filings required by the Act (‘‘PRA’’) (44 U.S.C. 3501-3520). The confidential treatment, including the factual and Board, are available for immediate FTC is seeking public comments on its legal basis for the request, and must identify the inspection at the Federal Reserve Bank proposal to extend through February 28, specific portions of the comment to be withheld indicated. The applications also will be 2012, the current PRA clearances for from the public record. The request will be granted or denied by the Commission’s General Counsel, available for inspection at the offices of information collection requirements consistent with applicable law and the public the Board of Governors. Interested contained in four product labeling rules interest. See FTC Rule 4.9(c), 16 CFR 4.9(c).

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secure.commentworks.com/ftc- requirements should be addressed to recordkeeping + 70,226 hours for apparelrulespra2) (and following the Connie Vecellio and Matthew Wilshire, disclosure). instructions on the web-based form). To Attorneys, Division of Enforcement, Recordkeeping: The Regulations ensure that the Commission considers Bureau of Consumer Protection, 600 require that retailers, manufacturers, an electronic comment, you must file it Pennsylvania Ave., N.W., Washington, processors, and importers of furs and fur on the web-based form at the weblink: D.C. 20580, (202) 326-2996. products keep certain records in (https://secure.commentworks.com/ftc- SUPPLEMENTARY INFORMATION: Under the addition to those they may keep in the apparelrulespra2). If this Notice appears Paperwork Reduction Act (‘‘PRA’’), 44 ordinary course of business. Staff at (http://www.regulations.gov/search/ U.S.C. 3501-3520, federal agencies must estimates that 1,150 retailers incur an index.jsp), you may also file an obtain approval from OMB for each average recordkeeping burden of about electronic comment through that collection of information they conduct 13 hours per year (14,950 hours total); website. The Commission will consider or sponsor. On October 31, 2008, the 82 manufacturers and fur processors all comments that regulations.gov FTC sought comment on the combined incur an average forwards to it. You may also visit the information collection requirements recordkeeping burden of about 52 hours FTC website at http://www.ftc.govto associated with the Commission’s per year (4,264 total); and 1,200 read the Notice and the news release regulations under the Fur Act, 16 CFR importers of furs and fur products incur describing it. Part 301 (OMB Control Number 3084- an average recordkeeping burden of 26 A comment filed in paper form 0099); regulations under the Wool Act, hours per year (31,200 hours total). The should include the ‘‘Apparel Rules: FTC 16 CFR Part 300 (OMB Control Number combined recordkeeping burden for the File No. P074201’’ reference both in the 3084-0100); regulations under the industry is approximately 50,414 hours text and on the envelope, and should be Textile Act, 16 CFR Part 303 (OMB annually. mailed or delivered to the following Control Number 3084-0101); and the Disclosure: Staff estimates that 1,220 address: Federal Trade Commission/ Care Labeling Rule, 16 CFR 423 (OMB respondents (70 manufacturers + 1,150 Office of the Secretary, Room H-135 Control Number 3084-0103).2 No retail sellers of fur garments) each (Annex J), 600 Pennsylvania Avenue, comments were received. Pursuant to require an average of 20 hours per year NW, Washington, DC 20580. The FTC is the OMB regulations that implement the to determine label content (24,400 hours requesting that any comment filed in PRA (5 CFR Part 1320), the FTC is total), and an average of five hours per paper form be sent by courier or providing this second opportunity for year to draft and order labels (6,100 overnight service, if possible, because public comment while seeking OMB hours total). Staff estimates that the total U.S. postal mail in the Washington area approval to extend the existing number of garments subject to the fur and at the Commission is subject to paperwork clearance for the rules. All labeling requirements annually is delay due to heightened security comments should be filed as prescribed approximately 886,577.3 Staff estimates precautions. in the ADDRESSES section above, and that for approximately 50 percent of Comments should additionally be must be received on or before March 16, these garments (443,289) labels are submitted to: Office of Management and 2009. attached manually, requiring Budget, Attention: Desk Officer for the Staff’s burden estimates for the four approximately four minutes per garment Federal Trade Commission. Comments rules in question are based on data from for a total of 29,553 hours annually. For should be submitted via facsimile to the Department of Commerce’s Bureau the remaining 443,288, the process of (202) 395-5167 because U.S. Postal Mail of the Census, the International Trade attaching labels is semi-automated and is subject to lengthy delays due to Commission, the Department of Labor’s requires an average of approximately heightened security precautions. Bureau of Labor Statistics (‘‘BLS’’), and two seconds per item, for a total of 246 The Federal Trade Commission Act data or other input from industry hours. Thus, the total burden for (‘‘FTC Act’’) and other laws the sources. The relevant information attaching labels is 29,799 hours, and the Commission administers permit the collection requirements within these total burden for labeling garments is collection of public comments to rules and corresponding burden 60,299 hours per year (24,400 hours to consider and use in this proceeding as estimates follow. determine label content + 6,100 hours to appropriate. The Commission will draft and order labels + 29,799 hours to consider all timely and responsive 1. Regulations under the Fur Products attach labels). public comments that it receives, Labeling Act, 15 U.S.C. 69 et seq. (‘‘Fur Staff estimates that the incremental whether filed in paper or electronic Act’’), 16 CFR Part 301 (OMB Control burden associated with the Regulations’ form. Comments received will be Number: 3084-0099). invoice disclosure requirement, beyond available to the public on the FTC The Fur Act prohibits the the time that would be devoted to website, to the extent practicable, at misbranding and false advertising of fur preparing invoices in its absence, is (http://www.ftc.gov/os/ products. The Fur Act Regulations, 16 approximately 30 seconds per invoice.4 publiccomments.shtm). As a matter of CFR 301, establish disclosure The invoice disclosure requirement discretion, the Commission makes every requirements that assist consumers in effort to remove home contact making informed purchasing decisions, 3 The total number of fur garments, fur-trimmed information for individuals from the and recordkeeping requirements that garments, and fur accessories is estimated to be public comments it receives before approximately 1,019,054, based on International assist the Commission in enforcing Trade Commission data. Of that number, placing those comments on the FTC these regulations. The Regulations also approximately 132,477 items are estimated to be website. More information, including provide a procedure for exemption from exempt from the labeling requirements pursuant to routine uses permitted by the Privacy certain disclosure provisions under the 16 CFR 301.39 (items where either the cost of the Act, may be found in the FTC’s privacy fur trim to the manufacturer or the manufacturer’s Fur Act. selling price for the finished product is less than policy, at (http://www.ftc.gov/ftc/ Estimated annual hours burden: $150 are exempt). privacy.shtm). 121,000 hours, rounded to the nearest 4 The invoice disclosure burden for PRA FOR FURTHER INFORMATION CONTACT: thousand (50,414 hours for purposes excludes the time that respondents would spend for invoicing, apart from the Fur Act Requests for additional information or Regulations, in the ordinary course of business. See copies of the proposed information 2 73 FR 64948. 5 CFR 1320.3(b)(2).

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applies to fur garments, which are (derived from an estimated 8,333,865 1,150 domestic fur retailers, or a total of generally sold individually, and fur million pelts ÷ 50) each of imported and 1,150 hours. pelts, which are generally sold in groups domestic pelts, the invoice disclosure Thus, staff estimates the total of at least 50, on average. Based on requirement entails an estimated total disclosure burden to be approximately information from the International burden of 8,777 hours (1,053,254 total 70,226 hours (60,299 hours for labeling Trade Commission and the Fur invoices x 30 seconds). + 8,777 hours for invoices + 1,150 hours Commission USA, staff estimates a total Staff estimates that the Regulations’ for advertising). of 8,333,865 pelts annually. Assuming advertising disclosure requirements Estimated annual cost burden: invoices are prepared for sales of impose an average burden of one hour $1,911,000, rounded to the nearest 886,577 garments and 166,677 groups per year for each of the approximately thousand (solely relating to labor costs).

Task Hourly Rate Burden Hours Labor Cost

Determine label content $22.00 24,400 $536,800 Draft and order labels $16.27 6,100 $99,247 Attach labels $9.50 5 29,799 $283,091 Invoice disclosures $16.27 8,777 $142,802 Prepare advertising disclosures $25.00 1,150 $28,750 Recordkeeping $16.27 50,414 $820,236 TOTAL $1,910,926 5 Per industry sources, most fur labeling is done in the United States. This rate is reflective of an average domestic hourly wage for such tasks, which is derived from recent BLS statistics. Conversely, attaching labels with regard to the other regulations discussed herein is mostly performed by foreign labor, as detailed in note 6.

Staff believes that there are no current Wool Act Regulations, 16 CFR 300, that the process of attaching labels is start-up costs or other capital costs establish disclosure requirements that now fully automated and integrated into associated with the Regulations. assist consumers in making informed other production steps for about 40 Because the labeling of fur products has purchasing decisions and recordkeeping percent of all affected products. For the been an integral part of the requirements that assist the Commission remaining 360,000,000 items (60 manufacturing process for decades, in enforcing the Regulations. percent of 600,000,000), the process is manufacturers have in place the capital Estimated annual hours burden: semi-automated and requires an average equipment necessary to comply with the 440,000 hours, rounded to the nearest of approximately two seconds per item, thousand (80,000 recordkeeping hours + Regulations’ labeling requirements. for a total of 200,000 hours per year. Industry sources indicate that much of 360,000 disclosure hours). Thus, the total estimated annual burden the information required by the Fur Act Recordkeeping: Staff estimates that for all respondents is 360,000 hours and its implementing Regulations approximately 4,000 wool firms are would be included on the product label subject to the Regulations’ (120,000 hours for determining label even absent the regulations. Similarly, recordkeeping requirements. Based on content + 40,000 hours to draft and invoicing, recordkeeping, and an average annual burden of 20 hours order labels + 200,000 hours to attach advertising disclosures are tasks per firm, the total recordkeeping burden labels). Staff believes that any additional performed in the ordinary course of is 80,000 hours. burden associated with advertising business so that covered firms would Disclosure: Approximately 8,000 wool disclosure requirements would be incur no additional capital or other non- firms, producing or importing about minimal (less than 10,000 hours) and labor costs as a result of the Act or the 600,000,000 wool products annually, can be subsumed within the burden Regulations. are subject to the Regulations’ estimates set forth above. disclosure requirements. Staff estimates Estimated annual cost burden: 2. Regulations under the Wool Products the burden of determining label content $5,702,000, rounded to the nearest Labeling Act, 15 U.S.C. 68 et seq. to be 15 hours per year per respondent, thousand (solely relating to labor costs). (‘‘Wool Act’’), 16 CFR Part 300 (OMB or a total of 120,000 hours, and the Control Number: 3084-0100). burden of drafting and ordering labels to The Wool Act prohibits the be 5 hours per respondent per year, or misbranding of wool products. The a total of 40,000 hours. Staff believes

Task Hourly Rate Burden Hours Labor Cost

Determine label content $22.00 120,000 $2,640,000 Draft and order labels $16.27 40,000 $650,800 Attach labels $5.55 6 200,000 $1,110,000 Recordkeeping $16.27 80,000 $1,301,600 TOTAL $5,702,400 6 For products that are imported, this work generally is done in the country where they are manufactured. According to information compiled by an industry trade association using data from the International Trade Commission, the U.S. Customs Service, and the U.S. Census Bureau, ap- proximately 95 % of apparel and other textile products used in the United States is imported. With the remaining 5 % attributable to U.S. produc- tion at an approximate domestic hourly wage of $9.50 to attach labels, staff has calculated a weighted average hourly wage of $5.55 per hour at- tributable to U.S. and foreign labor combined. The estimated percentage of imports supplied by particular countries is based on trade data for 2007 compiled by the Office of Textiles and Apparel, International Trade Administration, U.S. Department of Commerce. Wages in major textile exporting countries, factored into the above hourly wage estimate, were based on 2006 data from the U.S. Department of Labor, Bureau of Inter- national Labor Affairs. See ‘‘International Comparisons of Hourly Compensation Costs for Production Workers in Manufacturing,’’ Table 1, avail- able at: http://www.bls.gov/fls/hcpwsupptabtoc.htm.

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Staff believes that there are no current disclosure requirements that assist and the burden of drafting and ordering start-up costs or other capital costs consumers in making informed labels to be 5 hours per respondent per associated with the Regulations. purchasing decisions, and year, or a total of 133,235 hours.8 Staff Because the labeling of wool products recordkeeping requirements that assist believes that the process of attaching has been an integral part of the the Commission in enforcing the labels is now fully automated and manufacturing process for decades, Regulations. The Regulations also integrated into other production steps manufacturers have in place the capital contain a petition procedure for for about 40 percent of all affected equipment necessary to comply with the requesting the establishment of generic products. For the remaining 12.9 billion Regulations. Based on knowledge of the names for textile fibers. items (60 percent of 21.5 billion), the industry, staff believes that much of the Estimated annual hours burden: process is semi-automated and requires information required by the Wool Act approximately 8,456,000 hours, an average of approximately two and its implementing regulations would rounded to the nearest thousand seconds per item, for a total of 7,166,667 be included on the product label even (623,400 recordkeeping hours + hours per year. Thus, the total estimated absent their requirements. Similarly, 7,832,842 disclosure hours). annual burden for all respondents is Recordkeeping: Staff estimates that recordkeeping and advertising 7,832,842 hours (532,940 hours to approximately 24,936 textile firms are disclosures are tasks performed in the determine label content + 133,235 hours subject to the Textile Regulations’ ordinary course of business so that to draft and order labels + 7,166,667 recordkeeping requirements. Based on covered firms would incur no additional hours to attach labels).9 Staff believes an average burden of 25 hours per firm, capital or other non-labor costs as a that any additional burden associated the total recordkeeping burden is result of the Regulations. with advertising disclosure 623,400 hours. 3. Regulations under The Textile Fiber Disclosure: Approximately 26,647 requirements or the filing of generic Products Identification Act, 15 U.S.C. textile firms, producing or importing fiber name petitions would be minimal 70 et seq. (‘‘Textile Act’’), 16 CFR Part about 21.5 billion textile fiber products (less than 10,000 hours) and can be 303 (OMB Control Number: 3084-0101). annually, are subject to the Regulations’ subsumed within the burden estimates The Textile Act prohibits the disclosure requirements.7 Staff set forth above. misbranding and false advertising of estimates the burden of determining Estimated annual cost burden: textile fiber products. The Textile Act label content to be 20 hours per year per $63,810,000, rounded to the nearest Regulations, 16 CFR 303, establish respondent, or a total of 532,940 hours thousand (solely relating to labor costs).

Task Hourly Rate Burden Hours Labor Cost

Determine label content $22.00 532,940 $11,724,680 Draft and order labels $16.27 133,235 $2,167,733 Attach labels $5.55 10 7,166,667 $39,775,002 Recordkeeping $16.27 623,400 $10,142,718 TOTAL $63,810,133 10 See note 6.

Staff believes that there are no current performed in the ordinary course of textile clothing must provide the same start-up costs or other capital costs business so that covered firms would care information on the end of each bolt associated with the Regulations. incur no additional capital or other non- or roll of fabric. Because the labeling of textile products labor costs as a result of the Regulations. Estimated annual hours burden: has been an integral part of the 4. The Care Labeling Rule, 16 CFR Part 7,566,000 hours, rounded to the nearest manufacturing process for decades, 423 (OMB Control Number: 3084-0103). thousand (solely relating to manufacturers have in place the capital disclosure11). equipment necessary to comply with the The Care Labeling Rule, 16 CFR Part Staff estimates that approximately Regulations’ labeling requirements. 423, requires manufacturers and 26,647 manufacturers or importers of Industry sources indicate that much of importers to attach a permanent care textile apparel, producing about 20.1 the information required by the Textile label to all covered textile clothing in billion textile garments annually, are Act and its implementing rules would order to assist consumers in making subject to the Rule’s disclosure be included on the product label even purchase decisions and in determining requirements. The burden of developing absent their requirements. Similarly, what method to use to clean their proper care instructions may vary recordkeeping, invoicing, and apparel. Also, manufacturers and greatly among firms, primarily based on advertising disclosures are tasks importers of piece goods used to make the number of different lines of textile

7 The apparent consumption of garments in the the Textile Fiber Products Identification Act, 9 The Commission revised the Textile Act U.S. in 2007 was 20.1 billion. Staff estimates that because they contain some amount of wool. Thus, Regulations in 2006 in response to amendments to 1 billion garments are exempt from the Textile Act the estimated net total products subject to the the Textile Act. See 70 Fed. Reg. 73369 (Dec. 12, (i.e., any kind of headwear and garments made from Textile Fiber Products Identification Act is 21.5 2005). These amendments concerned the placement something other than a textile fiber product, such billion. of labels on packages of certain types of socks and, as leather) or are subject to a special exemption for 8 In 2007, Congress amended the Wool Act to therefore, do not place any additional disclosure hosiery products sold in packages where the label explicitly define ‘‘cashmere’’ and certain terms used burden on covered entities. information is contained on the package. Based on to describe superfine wool (e.g., ‘‘Super 80s,’’ 11 The Care Labeling Rule imposes no specific available data, staff estimates that an additional 3 ‘‘Super 90s,’’ etc.). See Pub. L. 109-428. The recordkeeping requirements. Although the Rule billion household textile products (non-garments, Commission anticipates revising the wool requires manufacturers and importers to have such as sheets, towels, blankets) were consumed. Regulations to incorporate these amendments. The reliable evidence to support the recommended care However, approximately 0.6 billion of all of these Commission will seek comment on the increased instructions, companies may provide as support combined products (garments and non-garments) burden, if any, imposed by these changes when it current technical literature or rely on past are subject to the Wool Products Labeling Act, not announces the revisions. experience.

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garments introduced per year that process of attaching labels is fully for a total of 6,366,667 hours per year. require new or revised care instructions. automated and integrated into other Thus, the total estimated annual burden Staff estimates the burden of production steps for about 40 percent of for all respondents is 7,565,782 hours determining care instructions to be 43 the approximately 19.1 billion garments (1,145,821 hours to determine care hours each year per respondent, for a that are required to have care instructions + 53,294 hours to draft and cumulative total of 1,145,821 hours. instructions on permanent labels.12 For order labels + 6,366,667 hours to attach Staff further estimates that the burden of the remaining 11.46 billion items (60 labels). drafting and ordering labels is 2 hours percent of 19.1 billion), the process is Estimated annual cost burden: each year per respondent, for a total of semi-automated and requires an average $61,410,00013 , rounded to the nearest 53,294 hours. Staff believes that the of approximately two seconds per item, thousand (solely relating to labor costs).

Task Hourly Rate Burden Hours Labor Cost

Determine care instructions $22.00 1,145,821 $25,208,062 Draft and order labels $16.27 53,294 $867,093 Attach labels $5.55 14 6,366,667 $35,335,002 TOTAL $61,410,157 14 See note 6.

Staff believes that there are no current This information will be used to assess B. Annual Reporting Burden start-up costs or other capital costs satisfaction with services delivered by Respondents: 144. associated with the Rule. Because the staff from the Office of Child Care Responses Per Respondent: 1. labeling of textile products has been an Services. The respondents are current Hours Per Response: .083 (5 minutes). integral part of the manufacturing users of the Office of Child Care Total Burden Hours: 12. process for decades, manufacturers have Services. The OMB clearance currently OBTAINING COPIES OF in place the capital equipment expires on April 30, 2009. PROPOSALS: Requesters may obtain a necessary to comply with the Rule’s Public comments are particularly copy of the information collection labeling requirements. Based on invited on: Whether this collection of documents from the General Services knowledge of the industry, staff believes information is necessary and whether it Administration, Regulatory Secretariat that much of the information required will have practical utility; whether our (VPR), 1800 F Street, NW., Room 4041, by the Rule would be included on the estimate of the public burden of this Washington, DC 20405, telephone (202) product label even absent those collection of information is accurate and 501–4755. Please cite OMB Control No. requirements. based on valid assumptions and 3090–0281, General Services David C. Shonka, methodology; and ways to enhance the Administration (GSA) Child Care Acting General Counsel. quality, utility, and clarity of the Specialist Feedback Form, in all correspondence. [FR Doc. E9–3056 Filed 2–11–09: 8:45 am] information to be collected. [Billing code: 6750–01–S] DATES: Submit comments on or before: Dated: January 30, 2009. April 13, 2009. Casey Coleman, FOR FURTHER INFORMATION CONTACT: Leo Chief Information Officer. GENERAL SERVICES G. Bonner, Regional Child Care [FR Doc. E9–2945 Filed 2–11–09; 8:45 am] ADMINISTRATION Coordinator, Office of Child Care BILLING CODE 6820–A4–S [OMB Control No. 3090–0281] Services, at telephone (202) 401–7403 or via e-mail to [email protected]. National Capital Region (NCR), Office DEPARTMENT OF HEALTH AND ADDRESSES: Submit comments regarding of Childcare Services; Information HUMAN SERVICES Collection; General Services this burden estimate or any other aspect Administration (GSA) Child Care of this collection of information, Meeting of the Advisory Committee on Specialist Feedback Form including suggestions for reducing this Minority Health burden to the Regulatory Secretariat AGENCY: NCR Office of Childcare (VPR), General Services Administration, AGENCY: Department of Health and Services, Public Buildings Service Room 4041, 1800 F Street, NW., Human Services, Office of the Secretary, (PBS), GSA. Washington, DC 20405. Please cite OMB Office of Public Health and Science, ACTION: Notice of request for comments Control No. 3090–0281, General Office of Minority Health. regarding an extension to an existing Services Administration (GSA) Child ACTION: Notice: correction. OMB clearance. Care Specialist Feedback Form, in all correspondence. SUMMARY: The Department of Health and SUMMARY: Under the provisions of the Human Services published a notice in Paperwork Reduction Act of 1995 (44 SUPPLEMENTARY INFORMATION: the Federal Register of February 4, 2009 U.S.C. Chapter 35), the General Services A. Purpose announcing a February 24, 2009 Administration will be submitting to the meeting of the Advisory Committee on Office of Management and Budget This information will be used to Minority Health. It was announced that (OMB) a request to review and approve assess consumer satisfaction with this meeting would be held at The an extension of a currently approved services delivered by staff from the Westin National Harbor, 171 Waterfront information collection requirement. Office of Child Care services. Street, Oxon Hill, MD. Due to unforseen

12 About 1 billion of the 20.1 billion garments fur, plastic, or leather garments) or are subject to an 13 We have corrected an error in this calculation produced annually are either not covered by the exemption that allows care instructions to appear that appeared in the prior 60-day Federal Register Care Labeling Rule (gloves, hats, caps, and leather, on packaging (hosiery). notice.

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circumstances the location of the amended, SACHRP was established to agenda will be posted on the SACHRP meeting has been changed. provide expert advice and Web site at: http://www.hhs.gov/ohrp/ FOR FURTHER INFORMATION CONTACT: Ms. recommendations to the Secretary of sachrp/index.html. Monica A. Baltimore, Tower Building, Health and Human Services and the Dated: February 6, 2009. Assistant Secretary for Health on issues 1101 Wootton Parkway, Suite 600, Jerry Menikoff, Rockville, Maryland 20852. Phone: 240– and topics pertaining to or associated with the protection of human research Director, Office for Human Research 453–2882 Fax: 240–453–2883. Protections, Executive Secretary, Secretary’s subjects. Correction Advisory Committee on Human Research On March 3, 2009, SACHRP will Protections. receive and discuss a report from an In the Federal Register of February 4, [FR Doc. E9–3015 Filed 2–11–09; 8:45 am] internal task force charged with 2009, Vol. 74, No. 22, on page 6041, in BILLING CODE 4150–36–P the 2nd column, correct the ADDRESSES prioritizing SACHRP’s existing caption to read: recommendations to OHRP. The The meeting will be held at The Committee will then hear a presentation DEPARTMENT OF HEALTH AND Gaylord National and Convention of the recent National Academy of HUMAN SERVICES Center, Annapolis Rooms 1 & 2, 201 Sciences report entitled ‘‘Health Waterfront Street (National Harbor), Research and the Privacy of Health Centers for Disease Control and Oxon Hill, MD 20745. Information—The HIPAA Privacy Prevention Rule,’’ followed by a presentation of the Dated: February 9, 2009. Association of Academic Health [30Day–09–08BF] Mirtha R. Beadle, Centers’ recent survey on the impact of Deputy Director, Office of Minority Health, the HIPAA Privacy Rule on research. Agency Forms Undergoing Paperwork Office of Public Health and Science, Office Lastly, SACHRP will hear a report from Reduction Act Review of the Secretary, U.S. Department of Health the Subpart A Subcommittee, which is and Human Services. charged with developing The Centers for Disease Control and [FR Doc. E9–3014 Filed 2–11–09; 8:45 am] recommendations for consideration by Prevention (CDC) publishes a list of BILLING CODE 4150–29–P SACHRP about the application of information collection requests under Subpart A of 45 CFR part 46 in the review by the Office of Management and current research environment. This Budget (OMB) in compliance with the DEPARTMENT OF HEALTH AND subcommittee was established by Paperwork Reduction Act (44 U.S.C. HUMAN SERVICES SACHRP at its October 4–5, 2004 Chapter 35). To request a copy of these requests, call the CDC Reports Clearance Meeting of the Secretary’s Advisory meeting. Officer at (404) 639–5960 or send an e- Committee on Human Research On March 4, 2009, the Committee will mail to [email protected]. Send written Protections receive and discuss a report from the Subcommittee on Inclusion of comments to CDC Desk Officer, Office of AGENCY: Department of Health and Individuals with Impaired Decision- Management and Budget, Washington, Human Services, Office of the Secretary. Making in Research. That subcommittee DC or by fax to (202) 395–6974. Written ACTION: Notice. is charged with developing comments should be received within 30 recommendations for consideration by days of this notice. SUMMARY: Pursuant to Section 10(a) of SACHRP about whether guidance or Proposed Project the Federal Advisory Committee Act, additional regulations are needed for U.S.C. Appendix 2, notice is hereby research involving individuals with Evaluation Models to Assess Patient given that the Secretary’s Advisory impaired decision-making capacity. It Perspectives on Opt-out HIV Testing in Committee on Human Research was formed as a result of discussions Clinical Settings—New—National Protections (SACHRP) will hold its during the July 31–August 1, 2006 Center for HIV, Viral Hepatitis, STD and nineteenth meeting. The meeting will be SACHRP meeting. The day will TB Prevention (NCHHSTP), Centers for open to the public. conclude with a panel discussion Disease Control and Prevention (CDC). DATES: The meeting will be held on addressing harmonization issues Background and Brief Description Tuesday, March 3, 2009 from 8:30 a.m. associated with the Common Rule and until 5 p.m. and Wednesday, March 4, the FDA regulations. In 2006, CDC published the Revised 2009 from 8:30 a.m. until 5 p.m. Public attendance at the meeting is Recommendations for HIV Testing of Adults, Adolescents and Pregnant ADDRESSES: The Sheraton National limited to space available. Individuals Women in Health Care Settings which Hotel, 900 South Orme Street, who plan to attend the meeting and recommends routine, opt-out HIV Arlington, Virginia 22204. Phone: 703– need special assistance, such as sign testing to persons 13–64 years of age in 521–1900. language interpretation or other reasonable accommodations, should health care settings. The goal of this FOR FURTHER INFORMATION CONTACT: Jerry notify the designated contact persons. project is to develop evaluation models Menikoff, J.D., M.D., Director, Office for Members of the public will have the for health care providers in a variety of Human Research Protections (OHRP), or opportunity to provide comments on settings to independently assess the Julia Gorey, J.D., Executive Director, both days of the meeting. Public effect that expanded HIV screening SACHRP; U.S. Department of Health comment will be limited to five minutes activities have on patient attitudes and Human Services, 1101 Wootton per speaker. Any members of the public toward and acceptance of HIV testing. Parkway, Suite 200, Rockville, who wish to have printed materials The evaluation models will be Maryland 20852; 240–453–8141; fax: distributed to SACHRP members for this packaged into a toolkit containing 240–453–6909; e-mail address: scheduled meeting should submit educational materials, administrative [email protected]. materials to the Executive Director, tools and a model questionnaire to SUPPLEMENTARY INFORMATION: Under the SACHRP, prior to the close of business measure patients’ perceptions of their authority of 42 U.S.C. 217a, Section 222 Friday, February 27, 2009. Information ability to decline testing, the sufficiency of the Public Health Service Act, as about SACHRP and the draft meeting and effectiveness of methods used to

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impart information prior to testing, and Collection of data will include questionnaire and protocols included in satisfaction with the testing process. information on patient demographics the evaluation models toolkit. As part of the development of a model and current behaviors that may facilitate CDC is requesting approval for a 1- questionnaire for inclusion in the HIV transmission; perceptions regarding year clearance for data collection. CDC pressure to take the test; confidentiality toolkit, three health care settings (a estimates that 188 patients will be asked and privacy during testing; and patient hospital emergency department, a to participate at each site and that 80% satisfaction and acceptance of opt-out will accept, resulting in approximately private primary care practice and a HIV testing. For persons who refused public primary care practice) will be 450 new survey respondents across all HIV testing during their visit, sites. The estimated average duration of selected to pilot test the questionnaire. information about refusal will be In each health care site, 150 patients the survey is 20 minutes. Participation collected. is voluntary. will be asked to voluntarily complete a Results from the pilot will be assessed brief computer assisted self interview to understand issues of feasibility of the There is no cost to the respondents regarding their experience with the HIV model questionnaire and validity of the other than their time. testing process during their health care included items and scales. The findings The total estimated annual burden visit. will be used to improve the hours are 150.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Average Average number of number of burden per Type of form respondents responses per response per annum respondent (hours)

Clinic Patient Survey ...... 450 1 20/60

Dated: February 4, 2009. proposed collection of information; (c) six programs to 65. Currently, all 50 Maryam I. Daneshvar, ways to enhance the quality, utility, and states, the District of Columbia, seven Acting Reports Clearance Officer, Centers for clarity of the information to be tribes/tribal organizations, and seven Disease Control and Prevention. collected; and (d) ways to minimize the territories/U.S. Pacific Island [FR Doc. E9–2973 Filed 2–11–09; 8:45 am] burden of the collection of information jurisdictions receive funding to BILLING CODE 4163–18–P on respondents, including through the implement cancer control plans. use of automated collection techniques Awards to individual applicants are or other forms of information made for a five-year budget period. All DEPARTMENT OF HEALTH AND technology. Written comments should funded programs are required to submit HUMAN SERVICES be received within 60 days of this continuation applications and semi- notice. annual progress reports consistent with Centers for Disease Control and federal requirements that all agencies, in Prevention Proposed Project response to the Government Management Information System for [60Day–09–09AS] Performance and Results Act of 1993, Comprehensive Cancer Control prepare performance plans and collect Programs—New—National Center for Proposed Data Collections Submitted program-specific performance measures. Chronic Disease Prevention and Health for Public Comment and These data items are listed in the Promotion (NCCDPHP), Centers for Recommendations Funding Opportunity Announcement. Disease Control and Prevention (CDC). In compliance with the requirement The data are collected on templates of Section 3506(c)(2)(A) of the Background and Brief Description which serve as a guide, but do not Paperwork Reduction Act of 1995 for In 1994, the CDC, the American standardize the information to be opportunity for public comment on Cancer Society, the National Cancer collected. This non-standardized proposed data collection projects, the Institute, the American College of approach to progress reporting results in Centers for Disease Control and Surgeons, the North American comprehensive cancer control program Prevention (CDC) will publish periodic Association of Central Cancer Registries, reports that vary in content and detail. summaries of proposed projects. To and other public health leaders at the Because the data are stored as request more information on the state and national levels began attachments rather than in a database, proposed projects or to obtain a copy of promoting a comprehensive approach to information cannot be sorted or the data collection plans and cancer control that would coordinate aggregated electronically to produce instruments, call 404–639–5960 or send and integrate cancer prevention and summary reports. comments to Maryam I. Daneshvar, CDC control programs across specific cancer CDC’s Comprehensive Cancer Control Acting Reports Clearance Officer, 1600 funding boundaries. In 1998, the CDC Branch (CCCB), which manages the Clifton Road, MS D–74, Atlanta, GA provided funding to Colorado, NCCCP, proposes to develop a database- 30333 or send an e-mail to Massachusetts, Michigan, North driven Management Information System [email protected]. Carolina, Texas, and the Northwest (MIS), which will achieve two Comments are invited on: (a) Whether Portland Area Indian Health Board as a objectives. First, the MIS will provide the proposed collection of information pilot to assist with implementation of an organized source of information is necessary for the proper performance their existing comprehensive cancer about the activities and of the functions of the agency, including control plans. This pilot provided the accomplishments of all funded NCCCP whether the information shall have foundation for the National programs. Secondly, the MIS will practical utility; (b) the accuracy of the Comprehensive Cancer Control Program provide an efficient mechanism for agency’s estimate of the burden of the (NCCCP), which has since grown from generating state, regional, and national

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level summary reports to monitor each technical assistance needs, monitor Data will be collected electronically program’s progress in accomplishing compliance with cooperative agreement twice per year. The burden per response goals, and achieving program evaluation requirements, evaluate progress made in is expected to decrease after and population-based outcomes. achieving program-specific goals, and respondents become experienced with OMB approval for the MIS will be obtain information needed to respond to entering data and the amount of new requested for a three-year period. Data Congressional and other inquiries data to be entered decreases. reported to CDC through the MIS will be regarding program activities and There are no costs to respondents used by CDC to identify training and effectiveness. other than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

NCCCP grantees ...... 65 2 6 780

Dated: February 4, 2009. (Catalogue of Federal Domestic Assistance Contact Person: Rita Anand, PhD, Maryam I. Daneshvar, Program Nos. 93.864, Population Research; Scientific Review Administrator, Division of Scientific Review, National Institute of Child Acting Reports Clearance Officer, Centers for 93.865, Research for Mothers and Children; Health and Human Development, NIH, 6100 Disease Control and Prevention. 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Executive Blvd Room 5B01, Bethesda, MD [FR Doc. E9–2974 Filed 2–11–09; 8:45 am] Infertility Loan Repayment Program, National 20892, (301) 496–1487, BILLING CODE 4163–18–P Institutes of Health, HHS) [email protected]. Dated: February 5, 2009. (Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; DEPARTMENT OF HEALTH AND Jennifer Spaeth, 93.865, Research for Mothers and Children; HUMAN SERVICES Director, Office of Federal Advisory 93.929, Center for Medical Rehabilitation Committee Policy. Research; 93.209, Contraception and National Institutes of Health [FR Doc. E9–2940 Filed 2–11–09; 8:45 am] Infertility Loan Repayment Program, National BILLING CODE 4140–01–P Institutes of Health, HHS) Eunice Kennedy Shriver National Dated: February 5, 2009. Institute of Child Health and Human Jennifer Spaeth, Development DEPARTMENT OF HEALTH AND Director, Office of Federal Advisory Notice of Closed Meeting HUMAN SERVICES Committee Policy. Pursuant to section 10(d) of the National Institutes of Health [FR Doc. E9–2942 Filed 2–11–09; 8:45 am] Federal Advisory Committee Act, as BILLING CODE 4140–01–P amended (5 U.S.C. Appendix 2), notice Eunice Kennedy Shriver National is hereby given of the following Institute of Child Health & Human meeting. Development; Notice of Closed DEPARTMENT OF HEALTH AND The meeting will be closed to the Meeting HUMAN SERVICES public in accordance with the provisions set forth in sections Pursuant to section 10(d) of the National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Federal Advisory Committee Act, as as amended. The grant applications and amended (5 U.S.C. Appendix 2), notice National Cancer Institute; Notice of the discussions could disclose is hereby given of the following Meeting confidential trade secrets or commercial meeting. Pursuant to section 10(a) of the property such as patentable material, The meeting will be closed to the Federal Advisory Committee Act, as and personal information concerning public in accordance with the amended (5 U.S.C. Appendix 2), notice individuals associated with the grant provisions set forth in sections is hereby given of a meeting of the applications, the disclosure of which 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Cancer Institute Director’s would constitute a clearly unwarranted as amended. The grant applications and Consumer Liaison Group. invasion of personal privacy. the discussions could disclose The meeting will be open to the Name of Committee: National Institute of confidential trade secrets or commercial public, with attendance limited to space Child Health and Human Development Initial property such as patentable material, available. Individuals who plan to Review Group, Reproduction, Andrology, and personal information concerning attend and need special assistance, such and Gynecology Subcommittee. individuals associated with the grant as sign language interpretation or other Date: March 9, 2009. applications, the disclosure of which reasonable accommodations, should Time: 8 a.m. to 6 p.m. would constitute a clearly unwarranted notify the Contact Person listed below Agenda: To review and evaluate grant invasion of personal privacy. applications. in advance of the meeting. Place: Residence Inn Bethesda, 7335 Name of Committee: National Institute of Name of Committee: National Cancer Wisconsin Avenue, Bethesda, MD 20814. Child Health and Human Development Initial Institute Director’s Consumer Liaison Group. Contact Person: Dennis Leszczynski, PhD, Review Group, Pediatrics Subcommittee. Date: March 26–27, 2009. Scientific Review Administrator, Division Of Date: March 19–20, 2009. Time: March 26, 2009, 8:30 a.m. to 4 p.m. Scientific Review, National Institute Of Child Time: 8 a.m. to 5 p.m. Agenda: (1) Approval of Minutes and Health and Human Development, NIH, 6100 Agenda: To review and evaluate grant Welcome; (2) Office of Advocacy Relations Executive Boulevard, Room 5B01, Bethesda, applications. Update; (3) Advocates in Research Working MD 20892, (301) 435–2717, Place: The Legacy Hotel, 1775 Rockville Group Update and Discussion; (4) PCP [email protected]. Pike, Rockville, MD 20852. Update and Discussion; (5) Approaches to

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Engaging Advocates in Translational amended (5 U.S.C. Appendix 2), notice Dated: February 5, 2009. Research. is hereby given of the following Jennifer Spaeth, Place: Omni Austin Hotel Downtown, meetings. Director, Office of Federal Advisory Omni Austin Hotel, 700 San Jacinto at 8th The meetings will be closed to the Committee Policy. Street, Lonestar Room, Austin, TX 78701. public in accordance with the Time: March 26, 2009, 6 p.m. to 8 p.m. [FR Doc. E9–2953 Filed 2–11–09; 8:45 am] Agenda: A public forum to discuss provisions set forth in sections BILLING CODE 4140–01–P community priorities will be held in 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., conjunction with the meeting at the same as amended. The contract proposals and location. the discussions could disclose DEPARTMENT OF HEALTH AND Place: Omni Austin Hotel Downtown, confidential trade secrets or commercial HUMAN SERVICES Omni Austin Hotel, 700 San Jacinto at 8th property such as patentable material, Street, Lonestar Room, Austin, TX 78701. and personal information concerning National Institutes of Health Time: March 27, 2009, 8:30 a.m. to 4 p.m. individuals associated with the contract Agenda: (6) Discussion of Community National Heart, Lung, and Blood proposals, the disclosure of which Priorities; (7) Discussion of Innovative Institute; Notice of Closed Meetings Advocate Involvement Strategies; (8) would constitute a clearly unwarranted Roundtable Evaluation Discussion; (9) Cancer invasion of personal privacy. Pursuant to section 10(d) of the Prevention and Research Institute of Texas Name of Committee: National Heart, Lung, Federal Advisory Committee Act, as Presentation and Discussion; (10) NCI and Blood Institute Special Emphasis Panel; amended (5 U.S.C. Appendix 2), notice Director’s Update; (11) Past Meeting Topic Bioassays Using Pluripotent Stem Cells. is hereby given of the following Follow Up; (12) Public Comment; (13) Action Date: March 2, 2009. meetings. Items and Conclusion. Time: 1 p.m. to 3 p.m. Place: Omni Austin Hotel Downtown, The meetings will be closed to the Agenda: To review and evaluate contract public in accordance with the Omni Austin Hotel, 700 San Jacinto at 8th proposals. Street, Lonestar Room, Austin, TX 78701. provisions set forth in sections Place: National Institutes of Health, 6701 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Benjamin Carollo, MPA, Rockledge Drive, Bethesda, MD 20892, Advocacy Relations Manager, Office of (Telephone Conference Call). as amended. The contract proposals and Advocacy Relations, Building 31, Room Contact Person: Robert Blaine Moore, PhD, the discussions could disclose 10A30, 31 Center Drive, MSC 2580, National Scientific Review Officer, Review Branch/ confidential trade secrets or commercial Cancer Institute, NIH, DHHS, Bethesda, MD DERA, National Heart, Lung, and Blood property such as patentable material, 20892–2580, 301–496–0307, Institute, 6701 Rockledge Drive, Room 7213, and personal information concerning [email protected]. Bethesda, MD 20892, 301–594–8394, Any interested person may file written individuals associated with the contract [email protected]. comments with the committee by forwarding proposals, the disclosure of which the statement to the Contact Person listed on Name of Committee: National Heart, Lung, would constitute a clearly unwarranted this notice. The statement should include the and Blood Institute Special Emphasis Panel; invasion of personal privacy. name, address, telephone number and when Communication Systems for MRI Guided Surgery. Name of Committee: National Heart, Lung, applicable, the business or professional and Blood Institute Special Emphasis Panel; affiliation of the interested person. Date: March 5, 2009. Time: 1 p.m. to 4 p.m. SBIR Topic 45—Iron Chelators to Treat Iron Information is also available on the Overload. Institute’s/Center’s home page: Agenda: To review and evaluate contract proposals. Date: March 3, 2009. deainfo.nci.nih.gov/advisory/dclg/dclg.htm, Time: 1 p.m. to 4 p.m. where an agenda and any additional Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, Agenda: To review and evaluate contract information for the meeting will be posted proposals. (Telephone Conference Call). when available. Place: National Institutes of Health, 6701 Contact Person: Robert Blaine Moore, PhD, Rockledge Drive, Bethesda, MD 20892, (Catalogue of Federal Domestic Assistance Scientific Review Officer, Review Branch/ (Telephone Conference Call). Program Nos. 93.392, Cancer Construction; DERA, National Heart, Lung, and Blood Contact Person: William J. Johnson, PhD, 93.393, Cancer Cause and Prevention Institute, 6701 Rockledge Drive, Room 7213, Research; 93.394, Cancer Detection and Scientific Review Officer, Review Branch/ Bethesda, MD 20892, 301–594–8394, DERA, National Heart, Lung, and Blood Diagnosis Research; 93.395, Cancer [email protected]. Treatment Research; 93.396, Cancer Biology Institute, 6701 Rockledge Drive, Room 7178, Research; 93.397, Cancer Centers Support; Name of Committee: National Heart, Lung, Bethesda, MD 20892–7924, 301–435–0725, 93.398, Cancer Research Manpower; 93.399, and Blood Institute Special Emphasis Panel; [email protected]. Cancer Control, National Institutes of Health, Nanoprobes for Detecting Atherosclerotic Name of Committee: National Heart, Lung, HHS) Plaques. and Blood Institute Special Emphasis Panel; Date: March 10, 2009. SBIR Topic 46—Multiplexed Assay Platforms Dated: February 5, 2009. Time: 1 p.m. to 3 p.m. for Protein Biomarkers of Cardiovascular Jennifer Spaeth, Agenda: To review and evaluate contract Disease. proposals. Date: March 6, 2009. Director, Office of Federal Advisory Place: National Institutes of Health, Committee Policy. Time: 1 p.m. to 5 p.m. Bethesda, MD 20892, (Telephone Conference Agenda: To review and evaluate contract [FR Doc. E9–2955 Filed 2–11–09; 8:45 am] Call). proposals. BILLING CODE 4140–01–P Contact Person: Robert Blaine Moore, PhD, Place: National Institutes of Health, 6701 Scientific Review Officer, Review Branch/ Rockledge Drive, Bethesda, MD 20892, DERA, National Heart, Lung, and Blood (Telephone Conference Call). DEPARTMENT OF HEALTH AND Institute, 6701 Rockledge Drive, Room 7213, Contact Person: Youngsuk Oh, PhD, HUMAN SERVICES Bethesda, MD 20892, 301–594–8394, Scientific Review Officer, Review Branch/ [email protected]. DERA, National Heart, Lung, and Blood National Institutes of Health (Catalogue of Federal Domestic Assistance Institute, 6701 Rockledge Drive, Room 7182, Program Nos. 93.233, National Center for Bethesda, MD 20892–7924, 301–435–0277, National Heart, Lung, and Blood Sleep Disorders Research; 93.837, Heart and [email protected]. Institute; Notice of Closed Meetings Vascular Diseases Research; 93.838, Lung Name of Committee: National Heart, Lung, Diseases Research; 93.839, Blood Diseases and Blood Institute Special Emphasis Panel; Pursuant to section 10(d) of the and Resources Research, National Institutes SBIR Topic 48—Developing Novel Federal Advisory Committee Act, as of Health, HHS) Anticoagulants and Synthetic Heparins.

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Date: March 12, 2009. Name of Committee: National Institute of Building 45, Room 3AN12F, Bethesda, MD Time: 1:30 p.m. to 4 p.m. Diabetes and Digestive and Kidney Diseases 20892, 301–594–2881, Agenda: To review and evaluate contract Special Emphasis Panel, Clinical Research [email protected]. proposals. Studies. (Catalogue of Federal Domestic Assistance Place: National Institutes of Health, 6701 Date: March 27, 2009. Program Nos. 93.375, Minority Biomedical Rockledge Drive, Bethesda, MD 20892, Time: 11 a.m. to 12 p.m. Research Support; 93.821, Cell Biology and (Telephone Conference Call). Agenda: To review and evaluate grant Biophysics Research; 93.859, Pharmacology, Contact Person: Tony L. Creazzo, PhD, applications. Physiology, and Biological Chemistry Scientific Review Officer, Review Branch/ Place: National Institutes of Health, Two Research; 93.862, Genetics and DERA, National Heart, Lung, and Blood Democracy Plaza, 6707 Democracy Developmental Biology Research; 93.88, Institute, 6701 Rockledge Drive, Room 7180, Boulevard, Bethesda, MD 20892, (Telephone Minority Access to Research Careers; 93.96, Bethesda, MD 20892–7924, 301–435–0725, Conference Call). Special Minority Initiatives, National [email protected]. Contact Person: Michael W. Edwards, PhD, Institutes of Health, HHS) (Catalogue of Federal Domestic Assistance Scientific Review Officer, Review Branch, Dated: February 5, 2009. Program Nos. 93.233, National Center for DEA, NIDDK, National Institutes of Health, Sleep Disorders Research; 93.837, Heart and Room 750, 6707 Democracy Boulevard, Jennifer Spaeth, Vascular Diseases Research; 93.838, Lung Bethesda, MD 20892–5452, (301) 594–8886, Director, Office of Federal Advisory Diseases Research; 93.839, Blood Diseases [email protected]. Committee Policy. and Resources Research, National Institutes (Catalogue of Federal Domestic Assistance [FR Doc. E9–2934 Filed 2–11–09; 8:45 am] of Health, HHS) Program Nos. 93.847, Diabetes, BILLING CODE 4140–01–P Dated: February 5, 2009. Endocrinology and Metabolic Research; Jennifer Spaeth, 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology Director, Office of Federal Advisory DEPARTMENT OF HEALTH AND and Hematology Research, National Institutes Committee Policy. HUMAN SERVICES of Health, HHS) [FR Doc. E9–2959 Filed 2–11–09; 8:45 am] Dated: February 4, 2009. National Institutes of Health BILLING CODE 4140–01–P Jennifer Spaeth, National Institute of Allergy and Director, Office of Federal Advisory DEPARTMENT OF HEALTH AND Committee Policy. Infectious Diseases; Notice of Closed Meeting HUMAN SERVICES [FR Doc. E9–2840 Filed 2–11–09; 8:45 am] BILLING CODE 4140–01–M National Institutes of Health Pursuant to section 10(d) of the Federal Advisory Committee Act, as National Institute of Diabetes and DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice Digestive and Kidney Diseases; Notice HUMAN SERVICES is hereby given of the following of Closed Meetings meeting. Pursuant to section 10(d) of the National Institutes of Health The meeting will be closed to the Federal Advisory Committee Act, as public in accordance with the National Institute of General Medical provisions set forth in sections amended (5 U.S.C. Appendix 2), notice Sciences; Notice of Closed Meeting is hereby given of the following 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., meetings. Pursuant to section 10(d) of the as amended. The grant applications and The meetings will be closed to the Federal Advisory Committee Act, as the discussions could disclose public in accordance with the amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial provisions set forth in sections is hereby given of the following property such as patentable material, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., meeting. and personal information concerning as amended. The grant applications and The meeting will be closed to the individuals associated with the grant the discussions could disclose public in accordance with the applications, the disclosure of which confidential trade secrets or commercial provisions set forth in sections would constitute a clearly unwarranted property such as patentable material, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. and personal information concerning as amended. The grant applications and Name of Committee: National Institute of individuals associated with the grant the discussions could disclose Allergy and Infectious Diseases Special applications, the disclosure of which confidential trade secrets or commercial Emphasis Panel; Review of Immunology, would constitute a clearly unwarranted property such as patentable material, Allergy & Asthma Training Grant invasion of personal privacy. and personal information concerning Applications. individuals associated with the grant Date: March 26, 2009. Name of Committee: National Institute of Time: 10 a.m. to 12 p.m. Diabetes and Digestive and Kidney Diseases applications, the disclosure of which Agenda: To review and evaluate grant Special Emphasis Panel, Translation of would constitute a clearly unwarranted applications. Common Disease Genetics into Clinical invasion of personal privacy. Place: National Institutes of Health, 6700B Applications (R21). Rockledge Drive, Bethesda, MD 20817, Date: March 11–12, 2009. Name of Committee: National Institute of (Telephone Conference Call). Time: 7 p.m. to 4 p.m. General Medical Sciences Special Emphasis Agenda: To review and evaluate grant Panel; ZGM1 MORE–1 BB. Contact Person: Gary S. Madonna, PhD, applications. Date: March 9, 2009. Scientific Review Officer, Scientific Review Place: Washingtonian Center Courtyard, Time: 8:30 a.m. to 5 p.m. Program, Division of Extramural Activities, 204 Boardwalk Place, Gaithersburg, MD Agenda: To review and evaluate grant NIAID, NIH, Room 2217, 6700–B Rockledge 20878. applications. Drive, MSC 7616, Bethesda, MD 20892–7616, Contact Person: Xiaodu Guo, MD, PhD, Place: Hyatt Regency Bethesda, One 301–496–2550. Scientific Review Officer, Review Branch, Bethesda Metro Center, Bethesda, MD 20814. (Catalogue of Federal Domestic Assistance DEA, NIDDK, National Institutes Of Health, Contact Person: Helen R. Sunshine, PhD, Program Nos. 93.855, Allergy, Immunology, Room 761, 6707 Democracy Boulevard, Chief, Office of Scientific Review, National and Transplantation Research; 93.856, Bethesda, MD 20892–5452, (301) 594–4719, Institute of General Medical Sciences, Microbiology and Infectious Diseases [email protected]. National Institutes of Health, Natcher Research, National Institutes of Health, HHS)

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Dated: February 5, 2009. DEPARTMENT OF HEALTH AND Extramural Activities, National Institute of Jennifer Spaeth, HUMAN SERVICES Mental Health, NIH, Neuroscience Center, 6001 Executive Blvd., Room 6148, MSC 9609, Director, Office of Federal Advisory National Institutes of Health Rockville, MD 20852, 301–402–6807, Committee Policy. [email protected]. [FR Doc. E9–2938 Filed 2–11–09; 8:45 am] National Institute of Mental Health; (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P Notice of Closed Meetings Program Nos. 93.242, Mental Health Research Grants; 93.281, Scientist Development Pursuant to section 10(d) of the Award, Scientist Development Award for DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as Clinicians, and Research Scientist Award; HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice 93.282, Mental Health National Research is hereby given of the following Service Awards for Research Training, National Institutes of Health meetings. National Institutes of Health, HHS) The meetings will be closed to the Dated: February 5, 2009. National Institute of General Medical public in accordance with the Jennifer Spaeth, Sciences; Notice of Closed Meeting provisions set forth in sections Director, Office of Federal Advisory 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Committee Policy. Pursuant to section 10(d) of the as amended. The grant applications and [FR Doc. E9–2956 Filed 2–11–09; 8:45 am] Federal Advisory Committee Act, as the discussions could disclose BILLING CODE 4140–01–P amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial is hereby given of the following property such as patentable material, meeting. and personal information concerning DEPARTMENT OF HEALTH AND The meeting will be closed to the individuals associated with the grant HUMAN SERVICES public in accordance with the applications, the disclosure of which provisions set forth in sections would constitute a clearly unwarranted National Institutes of Health invasion of personal privacy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Office of the Director, National as amended. The grant applications and Name of Committee: National Institute of Institutes of Health; Notice of Meeting the discussions could disclose Mental Health Special Emphasis Panel, PTSD confidential trade secrets or commercial Risk Assessment Tools. Pursuant to section 10(a) of the property such as patentable material, Date: March 9, 2009. Federal Advisory Committee Act, as and personal information concerning Time: 12 p.m. to 4 p.m. amended (5 U.S.C. Appendix 2), notice individuals associated with the grant Agenda: To review and evaluate grant is hereby given of a meeting of the applications. Recombinant DNA Advisory Committee. applications, the disclosure of which Place: National Institutes of Health, would constitute a clearly unwarranted Neuroscience Center, 6001 Executive The meeting will be open to the invasion of personal privacy. Boulevard, Rockville, MD 20852, (Telephone public, with attendance limited to space available. Individuals who plan to Name of Committee: National Institute of Conference Call). Contact Person: Serena P. Chu, PhD, attend and need special assistance, such General Medical Sciences Initial Review Scientific Review Administrator, Division of as sign language interpretation or other Group; Biomedical Research and Research Extramural Activities, National Institute of reasonable accommodations, should Training Review Subcommittee A. Mental Health, NIH, Neuroscience Center, notify the Contact Person listed below Date: March 5, 2009. 6001 Executive Blvd., Room 6154, MSC 9609, in advance of the meeting. Time: 8 a.m. to 5 p.m. Rockville, MD 20892, 301–443–0004, Agenda: To review and evaluate grant [email protected]. Name of Committee: Recombinant DNA Advisory Committee. applications. Name of Committee: National Institute of Date: March 3–4, 2009. Place: Double Tree Bethesda, 8120 Mental Health Special Emphasis Panel, Time: March 3, 2009, 8:30 a.m. to 5:30 p.m. Wisconsin Avenue, Bethesda, MD 20814. Comparative Interdisciplinary Studies of Agenda: The Recombinant DNA Advisory Cerebral Cortical Development. Contact Person: Carole H. Latker, PhD, Committee will review and discuss selected Date: March 18, 2009. Scientific Review Officer, Office of Scientific human gene transfer protocols as well as Review, National Institute of General Medical Time: 9 a.m. to 5 p.m. related data management activities. The Sciences, National Institutes of Health, Agenda: To review and evaluate grant meeting also includes a new protocol for X– Natcher Building, Room 3AN18, Bethesda, applications. SCID. Please check the meeting agenda at Place: St. Gregory Hotel, 2033 M Street, MD 20892, (301) 594–2848, http://www4.od.nih.gov/oba/RAC/ NW., Washington, DC 20036. [email protected]. meeting.htm for more information. Contact Person: Megan Libbey, PhD, Place: National Institutes of Health, (Catalogue of Federal Domestic Assistance Scientific Review Officer, Division of Neuroscience Center, 6001 Executive Program Nos. 93.375, Minority Biomedical Extramural Activities, National Institute of Boulevard, Conference Room C, Rockville, Research Support; 93.821, Cell Biology and Mental Health, NIH, Neuroscience Center, MD 20852. Biophysics Research; 93.859, Pharmacology, 6001 Executive Blvd., Room 6148, MSC 9609, Time: March 4, 2009, 8:30 a.m. to 1 p.m. Physiology, and Biological Chemistry Rockville, MD 20852, 301–402–6807, Agenda: The Recombinant DNA Advisory Research; 93.862, Genetics and [email protected]. Committee will review and discuss selected Developmental Biology Research; 93.88, Name of Committee: National Institute of human gene transfer protocols as well as a Minority Access to Research Careers; 93.96, Mental Health Special Emphasis Panel, discussion of biosafety containment and Special Minority Initiatives, National EUREKA NIMH, NINDS, NIDA REVIEW. practices for recombinant work with non- Institutes of Health, HHS) Date: April 2, 2009. contemporary strains of influenza and highly Time: 8 a.m. to 5 p.m. pathogenic avian influenza strain H5N1. Dated: February 5, 2009. Agenda: To review and evaluate grant Please check the meeting agenda at http:// Jennifer Spaeth, applications. www4.od.nih.gov/oba/RAC/meeting.htm for Place: Westin Embassy Row, 2100 more information. Director, Office of Federal Advisory Massachusetts Ave., NW., Washington, DC Place: National Institutes of Health, Committee Policy. 20008. Neuroscience Center, 6001 Executive [FR Doc. E9–2943 Filed 2–11–09; 8:45 am] Contact Person: Megan Libbey, PhD, Boulevard, Conference Room C, Rockville, BILLING CODE 4140–01–P Scientific Review Officer, Division of MD 20852.

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Contact Person: Lisa A. Parker, Advisory DEPARTMENT OF HOMELAND (1) Type of Information Collection: Committee Coordinator, Office of Science SECURITY New information collection. Policy, Office of Biotechnology Activities, (2) Title of the Form/Collection: National Institutes of Health, 6705 Rockledge United States Immigration and Affidavit in Lieu of Lost Receipt of Drive, Suite 750–A1, Bethesda, MD 20892, Customs Enforcement Immigration and Customs Enforcement 301–496–9838, [email protected]. for Collateral Accepted as Security. Any interested person may file written Agency Information Collection (3) Agency Form Number, If Any, and comments with the committee by forwarding Activities: New Information Collection; the Applicable Component of the the statement to the Contact Person listed on Comment Request Department of Homeland Security this notice. The statement should include the Sponsoring the Collection: Form I–395, ACTION: 60-Day Notice of New name, address, telephone number and when U.S. Immigration and Customs applicable, the business or professional Information Collection; Form I–395, Affidavit in Lieu of Lost Receipt of Enforcement. affiliation of the interested person. (4) Affected Public Who Will Be Asked Information is also available on the Immigration and Customs Enforcement for Collateral Accepted as Security. or Required to Respond, as Well as a Institute’s/Center’s home page: http:/// Brief Abstract: Primary: Individual or www4.od.nih.gov/oba/, where an agenda and The Department of Homeland Households. When an individual posts any additional information for the meeting Security, U.S. Immigration and Customs an Immigration Bond in the form of will be posted when available. Enforcement (USICE), has submitted the cash, cashiers check, certified check or OMB’s ‘‘Mandatory Information following information collection request money order, he or she is issued a Requirements for Federal Assistance Program for review and clearance in accordance Receipt of Immigration Officer—U.S. Announcements’’ (45 FR 39592, June 11, with the Paperwork Reduction Act of Bonds or Cash, Accepted as Security on 1980) requires a statement concerning the 1995. The information collection is Immigration Bond (Form I–305). If the official government programs contained in published to obtain comments from the I–305 is lost the individual is permitted the Catalog of Federal Domestic Assistance. public and affected agencies. Comments to complete the I–395 stating the reason Normally NIH lists in its announcements the are encouraged and will be accepted for for the loss of the original I–305. number and title of affected individual sixty days until April 13, 2009. (5) An Estimate of the Total Number programs for the guidance of the public. Written comments and suggestions of Respondents and the Amount of Time Because the guidance in this notice covers regarding items contained in this notice, Estimated for an Average Respondent to virtually every NIH and Federal research and especially with regard to the Respond: 12,500 responses at 30 program in which DNA recombinant estimated public burden and associated minutes (.50 hours) per response. molecule techniques could be used, it has response time should be directed to the (6) An Estimate of the Total Public been determined not to be cost effective or Department of Homeland Security Burden (in Hours) Associated with the in the public interest to attempt to list these (DHS), Joseph M. Gerhart, Chief, programs. Such a list would likely require Collection: 6,250 annual burden hours. Records Management Branch, U.S. Comments and/or questions; requests several additional pages. In addition, NIH Immigration and Customs Enforcement, could not be certain that every Federal for a copy of the proposed information 500 12th Street, SW., Room 3138, program would be included as many Federal collection instrument, with instructions; Washington, DC 20024; (202) 732–6337. agencies, as well as private organizations, or inquiries for additional information Comments are encouraged and will be should be directed to: Joseph M. both national and international, have elected accepted for sixty days until April 13, to follow the NIH Guidelines. In lieu of the Gerhart, Chief, Records Management 2009. Written comments and individual program listing, NIH invites Branch, U.S. Immigration and Customs suggestions from the public and affected readers to direct questions to the information Enforcement, 500 12th Street, SW., agencies concerning the proposed address above about whether individual Room 3138, Washington, DC 20024; collection of information should address programs listed in the Catalog of Federal (202) 732–6337. Domestic Assistance are affected. one or more of the following four points: (1) Evaluate whether the proposed Dated: February 9, 2009. (Catalogue of Federal Domestic Assistance collection of information is necessary Joseph M. Gerhart, Program Nos. 93.14, Intramural Research for the proper performance of the Chief, Records Management Branch, U.S. Training Award; 93.22, Clinical Research functions of the agency, including Immigration and Customs Enforcement, Loan Repayment Program for Individuals whether the information will have Department of Homeland Security. from Disadvantaged Backgrounds; 93.232, practical utility; [FR Doc. E9–2984 Filed 2–11–09; 8:45 am] Loan Repayment Program for Research (2) Evaluate the accuracy of the BILLING CODE 9111–28–P Generally; 93.39, Academic Research agency’s estimate of the burden of the Enhancement Award; 93.936, NIH Acquired proposed collection of information, Immunodeficiency Syndrome Research Loan including the validity of the DEPARTMENT OF HOMELAND Repayment Program; 93.187, Undergraduate methodology and assumptions used; SECURITY Scholarship Program for Individuals from (3) Enhance the quality, utility, and United States Immigration and Disadvantaged Backgrounds, National clarity of the information to be Customs Enforcement Institutes of Health, HHS) collected; and Dated: February 5, 2009. (4) Minimize the burden of the Agency Information Collection Jennifer Spaeth, collection of information on those who Activities: New Information Collection; Director, Office of Federal Advisory are to respond, including through the Comment Request Committee Policy. use of appropriate automated, [FR Doc. E9–2939 Filed 2–11–09; 8:45 am] electronic, mechanical, or other ACTION: 60-Day Notice of New technological collection techniques or BILLING CODE 4140–01–P Information Collection; Form I–312, other forms of information technology, Designation of Attorney in Fact. e.g., permitting electronic submission of responses. The Department of Homeland Overview of this information Security, U.S. Immigration and Customs collection: Enforcement (USICE), has submitted the

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following information collection request means to designate an Attorney to unless authorized by a permit from the for review and clearance in accordance accept on the Obligor’s behalf, the Fish and Wildlife Service. Before with the Paperwork Reduction Act of return of cash or United States bonds or issuing a permit, we invite public 1995. The information collection is notes deposited to secure an comment on it. Accordingly, we invite published to obtain comments from the immigration bond upon the cancellation public comment on the following public and affected agencies. Comments of the bond or the performance of the applicants’ permit applications for are encouraged and will be accepted for Obligor. certain activities with endangered sixty days until April 13, 2009. (5) An estimate of the total number of species authorized by section Written comments and suggestions respondents and the amount of time 10(a)(1)(A) of the Act and the regarding items contained in this notice, estimated for an average respondent to regulations governing the taking of and especially with regard to the respond: 12,500 responses at 30 minutes endangered species (50 CFR 17). Submit estimated public burden and associated (.50 hours) per response. your written data, comments, or request response time should be directed to the (6) An estimate of the total public for a copy of the complete application Department of Homeland Security burden (in hours) associated with the to the address shown in ADDRESSES. (DHS), Joseph M. Gerhart, Chief, collection: 6,250 annual burden hours. Records Management Branch, U.S. Comments and/or questions; requests Permit Number: TE113009 Immigration and Customs Enforcement, for a copy of the proposed information Applicant: Steven A. Ahlstedt, Norris, 500 12th Street, SW., Room 3138, collection instrument, with instructions; Tennessee. Washington, DC 20024; (202) 732–6337. or inquiries for additional information The applicant requests renewal and Comments are encouraged and will be should be directed to: Joseph M. amendment of his permit to take White accepted for sixty days until April 13, Gerhart, Chief, Records Management Cat’s Paw (Epioblasma sulcata 2009. Written comments and Branch, U.S. Immigration and Customs perobliqua) and Purple Cat’s Paw suggestions from the public and affected Enforcement, 500 12th Street, SW., (Epioblasma obliquata obliquata) agencies concerning the proposed Room 3138, Washington, DC 20024; pearlymussel within the States of Ohio collection of information should address (202) 732–6337. and Indiana. Amendment is requested one or more of the following four points: Dated: February 9, 2009. to add the geographic area of Indiana in (1) Evaluate whether the proposed Joseph M. Gerhart, conjunction with renewal of the permit collection of information is necessary term. Proposed activities are to carry out for the proper performance of the Chief, Records Management Branch, U.S. Immigration and Customs Enforcement, presence/absence surveys, assess habitat functions of the agency, including Department of Homeland Security. characteristics, collect and translocate whether the information will have [FR Doc. E9–3082 Filed 2–11–09; 8:45 am] specimens, and to participate in practical utility; otherwise legal reintroduction efforts (2) Evaluate the accuracy of the BILLING CODE 9111–28–P aimed at enhancement of survival of the agency’s estimate of the burden of the species in the wild. proposed collection of information, including the validity of the DEPARTMENT OF THE INTERIOR Permit Number: TE105320. methodology and assumptions used; Fish and Wildlife Service Applicant: Tragus Environmental (3) Enhance the quality, utility, and Consulting, Inc., Akron, Ohio. clarity of the information to be [FWS–R3–ES–2009–N0002;30120–1113– collected; and 0000–F6] The applicant requests a permit (4) Minimize the burden of the renewal and minor amendment to take collection of information on those who Endangered and Threatened Wildlife Indiana bats (Myotis sodalis) and Gray are to respond, including through the and Plants; Permit Applications bats (Myotis grisescens) throughout the use of appropriate automated, States of Oklahoma, Illinois, Indiana, AGENCY: Fish and Wildlife Service, Iowa, Michigan, Missouri, Ohio, electronic, mechanical, or other Interior. technological collection techniques or Alabama, Arkansas, Georgia, Kentucky, ACTION: Notice of availability of permit other forms of information technology, Mississippi, North Carolina, South applications; request for comments. e.g., permitting electronic submission of Carolina, Tennessee, Maryland, New Jersey, New York, Pennsylvania, responses. SUMMARY: The following applicants have Vermont, Virginia, and West Virginia. Overview of This Information applied for permits to conduct certain The activities proposed involve capture Collection activities with endangered species. using mist nets and bat traps, handling, DATES: We must receive written (1) Type of Information Collection: tagging, tissue sampling, and release. A comments on or before March 16, 2009. New information collection. minor amendment has been requested to (2) Title of the Form/Collection: ADDRESSES: Send written comments to identify additional qualified individuals Designation of Attorney in Fact. the Regional Director, Attn: Peter to work under the authority of this (3) Agency form number, if any, and Fasbender, U.S. Fish and Wildlife permit. Data obtained under this permit the applicable component of the Service, Ecological Services, 1 Federal will be used to assist with development Department of Homeland Security Drive, Fort Snelling, MN 55111–4056; of project design features aimed at sponsoring the collection: Form I–312, electronic mail, [email protected]. enhancement of survival of the species U.S. Immigration and Customs FOR FURTHER INFORMATION CONTACT: in the wild. Peter Fasbender (612) 713–5343. Enforcement. Permit Number TE049738 (4) Affected public who will be asked SUPPLEMENTARY INFORMATION: or required to respond, as well as a brief Applicant: Third Rock Consultants, abstract: Primary: Individual or Endangered Species Lexington, Kentucky. Households. The I–312 is the The Endangered Species Act of 1973, The applicant requests a renewal and instrument the U.S. Immigration and as amended (16 U.S.C. 1531 et seq.) minor amendment to a permit to take Customs Enforcement (ICE) uses to (Act), with some exceptions, prohibits Indiana bats (Myotis sodalis), Gray bats provide immigration bond obligors a activities affecting endangered species (Myotis grisescens), Virginia big eared

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bats (Corynorhinus townscendii projects. Activities are proposed to Public Comments virginiaus), and Ozark big eared bats enhance the survival of the species in We solicit public review and (Corynorhinus townscendii ingens). The the wild. comments on these permit applications. renewal request also includes Permit Number TE839763 Please refer to the permit number when endangered mussels, fish, and the Applicant: John O. Whitaker, Indiana you submit comments. Comments and American burying beetle (Nicrophorus materials we receive are available for americanus). The applicant’s projects State University, Terre Haute, Indiana. public inspection, by appointment, are in the States of Alabama, Florida, during normal business hours at the Georgia, Iowa, Illinois, Indiana, The applicant requests a permit address shown in the ADDRESSES Kentucky, Michigan, Missouri, renewal to take Indiana bats (Myotis section. Before including your address, Mississippi, North Carolina, Ohio, sodalis) and Gray bats (Myotis phone number, e-mail address, or other South Carolina, and Tennessee. Ongoing grisescens) throughout the range of the personal identifying information in your studies that are proposed to continue species. Ongoing studies include comment, you should be aware that under this permit include presence/ presence/absence surveys, studies to your entire comment—including your absence surveys, studies to document document habitat use, population personal identifying information—may habitat use, population monitoring, and monitoring, health assessment, and be made publicly available at any time. the evaluation of potential impacts of evaluation of project impacts. The While you can ask us in your comment proposed projects. Activities are applicant seeks to continue ongoing to withhold your personal identifying proposed for enhancement of the scientific research aimed at recovery information from public review, we survival of the species in the wild. and enhancement of the survival of the cannot guarantee that we will be able to species in the wild. Permit Number TE809227 do so. Applicant: BHE Environmental, Permit Number 809630 National Environmental Policy Act Cincinnati, Ohio. Applicant: Dr. Allen Kurta, Eastern (NEPA) Michigan University, Ypsilanti, The applicant requests renewal and In compliance with NEPA (42 U.S.C. Michigan. amendment of a permit to take Indiana 4321 et seq.), we have made an initial bats (Myotis sodalis), Gray bats (Myotis The applicant requests a permit determination that the activities grisescens), and fish and mussel species renewal to take Indiana bats (Myotis proposed in these permits are throughout the ranges of the species sodalis) throughout Michigan, Illinois, categorically excluded from the within Regions 2–6 of the U.S. Fish and Indiana, and Ohio. Ongoing studies requirement to prepare an Wildlife Service. The ongoing studies include presence/absence surveys, environmental assessment or that are proposed under this permit studies to document habitat use, environmental impact statement (516 include presence/absence surveys, population monitoring, health DM6 Appendix 1, 1.4C(1)). studies to document habitat use, assessment, and evaluation of project Dated: February 5, 2009. population monitoring, and evaluation impacts. The applicant seeks to of potential impacts of proposed continue ongoing scientific research Lynn M. Lewis, projects. Activities are proposed for aimed at recovery and enhancement of Assistant Regional Director, Ecological enhancement of the survival of the the survival of the species in the wild. Services, Region 3. species in the wild. [FR Doc. E9–2982 Filed 2–11–09; 8:45 am] Permit Number TE839777 BILLING CODE 4310–55–P Permit Number TE831774 Applicant: Don R. Helms, Bellevue, Applicant: U.S. Geological Survey, St. Iowa. DEPARTMENT OF THE INTERIOR Paul, Minnesota. The applicant requests a permit The applicant requests a permit renewal to take (capture and release) Bureau of Land Management renewal to take gray wolf (Canis lupis) Clubshell (Pleurobema clava), Northern throughout the continental United riffleshell (Epioblasma torulosa [LLNML0300000 L12200000.BY0000] States. Proposed activities include rangiana), Orange-footed pimpleback Notice of Temporary Vehicle Closure capture, immobilization, radio tracking, pearlymussel (Plethobasus and Restrictions for the Robledo implantation of isotopes, health cooperianus), Pink mucket Mountains Off-Highway Vehicle Trails assessment, and salvage of dead pearlymussel (Lampsilis orbiculata), During the 2009 Chili Challenge; Las specimens. The long-term scientific Rough pigtoe (Pleurobema plenum), Cruces District Office, NM research allowed under this permit is Purple cat’s paw pearlymussel aimed at enhancement of recovery and (Epioblasma obliquata obliquata), White AGENCY: Bureau of Land Management survival of the species in the wild. cat’s paw pearlymussel (Epioblasma (BLM) Interior. Permit Number TE106220 obliquata perobliqua), Fanshell ACTION: Notice of temporary vehicle (Cyporgenia stegaria), Fat pocketbook closure and restrictions. Applicant: Brianne L. Walters, Terre (Potamilus capax), Higgins’ eye Haute, Indiana. pearlymussel (Lampsilis higginsi), SUMMARY: This Notice informs the The applicant requests a permit Winged mapleleaf (Quadrula fragosa), public that the Las Cruces Four-Wheel renewal to take Indiana bats (Myotis Scaleshell (Leptodea leptodon), and Drive Club is permitted exclusive use of sodalis) and Gray bats (Myotis Topeka shiner (Notropis topeka). the Robledo Mountains Off-Highway grisescens) within the States of Indiana, Proposed activities include presence/ Vehicle Trails for the 2009 Chili Illinois, and Ohio. The ongoing studies absence surveys, relocation of Challenge extreme off road event. The that are proposed under this permit specimens to avoid harm, and studies to Robledo Mountains Off-Highway include presence/absence surveys, document habitat use and population Vehicle Trails will be closed to all studies to document habitat use, health. Proposed activities are aimed at vehicles not registered with the Las population monitoring, and evaluation enhancement of the survival of the Cruces Four-Wheel Drive Club for the of potential impacts of proposed species in the wild. Chili Challenge. This restriction is

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necessary to ensure public safety and to February 5, 2009, with the United States v. Knoxville Utilities Board, DJ No. 90– avoid potential user conflicts during District Court for the Eastern District of 5–1–1–08186. this authorized event. The 2009 Chili Tennessee, Northern Division. Henry Friedman, Challenge was analyzed in The Consent Decree entered on environmental assessment and finding February 11, 2005 resolved the claims of Assistant Section Chief, Environmental the United States of America, the State Enforcement Section, Environment and of no significant impact NM–030–2008– Natural Resources Division. 095. of Tennessee, the Tennessee Clean [FR Doc. E9–3019 Filed 2–11–09; 8:45 am] The Robledo Mountain Off-Highway Water Network and the City of Vehicle Trails are located within public Knoxville against the Knoxville Utilities BILLING CODE 4410–15–P land under BLM administrative Board (KUB) for violations of the Clean Water Act and four National Pollutant jurisdiction in T. 21 S., R 1 E., S. 6, 19, DEPARTMENT OF JUSTICE 20, 29, 30, 31 and T. 22S, R. 1 W., S. Discharge Elimination System permits. 1, 2, 23, 24, 25, 26, 35, 36 (USGS The purpose of the proposed First Bureau of Alcohol, Tobacco, Firearms Picacho Mountain, Las Cruces, Amendment is to allow KUB to and Explosives Leasburg), Dona Ana County, New complete a portion of the Composite Mexico. Correction Plan (CCP), required [OMB Number 1140–0036] pursuant to Section VII.D.1(a)(v) of the Maps showing the location of the Agency Information Collection Robledo Mountains Off-Highway Consent Decree, beyond the Consent Decree deadline of December 31, 2016. Activities: Proposed Collection; Vehicle Trails are available upon Comments Requested request from the BLM Las Cruces Pursuant to the proposed First Amendment, KUB’s CCP will provide District Office. ACTION: 60-Day Notice of Information Exceptions: The use of motorized for a biologically enhanced high-rate clarification (BEHRC) secondary Collection Under Review: FFL Out-of- vehicles for emergency and law Business Records Request. enforcement purposes, or for official treatment system to be installed at the duties, or as otherwise authorized by the Fourth Creek treatment plant by The Department of Justice (DOJ), BLM are exempt from these restrictions. June 30, 2018, and at the Kuwahee Bureau of Alcohol, Tobacco, Firearms treatment plant by June 30, 2021. and Explosives (ATF), will be DATES: This authorization is effective The Department of Justice will receive submitting the following information from Friday February 20–Sunday comments relating to the First collection request to the Office of February 22, 2009. Amendment to the Consent Decree for a Management and Budget (OMB) for FOR FURTHER INFORMATION CONTACT: John period of thirty (30) days from the date review and approval in accordance with V. Thacker, BLM Outdoor Recreation of this publication. Comments should be the Paperwork Reduction Act of 1995. Planner, 1800 Marquess Street, Las addressed to the Assistant Attorney The proposed information collection is Cruces, New Mexico 88005, 575–525– General, Environment and Natural published to obtain comments from the 4306. Resources Division, and either e-mailed to [email protected] or public and affected agencies. Comments SUPPLEMENTARY INFORMATION: The are encouraged and will be accepted for authority for this Notice may be found mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC ‘‘sixty days’’ until April 13, 2009. This at 43 CFR 8364.1. Restricting motorized process is conducted in accordance with use of these routes would lessen user 20044–7611, and should refer to United States et al. v. Knoxville Utilities Board, 5 CFR 1320.10. conflict and provide for a more If you have comments especially on enjoyable experience during the annual DJ No. 90–5–1–1–08186. The proposed First Amendment to the the estimated public burden or Chili Challenge for those motorized Consent Decree may be examined at the associated response time, suggestions, users holding a Special Recreation office of the United States Attorney for or need a copy of the proposed Permit. the Eastern District of Tennessee, 800 information collection instrument with Enforcement actions will be taken as Market Street, Suite 211, Knoxville, TN instructions or additional information, necessary in accordance with 43 CFR 37902, and at the Region 4 Office of the please contact Pat Power, Chief, Federal 8360.0–7 and 18 U.S.C. 3571. Violations Environmental Protection Agency, Firearms Licensing Center, 244 Needy may be punishable by a fine not to Atlanta Federal Center, 61 Forsyth Road, Martinsburg, WV 25405. exceed $1,000 and/or imprisonment not Street, SW., Atlanta, GA 30303. During Written comments and suggestions to exceed 12 months. the public comment period, the First from the public and affected agencies Bill Childress, Amendment may also be examined on concerning the proposed collection of District Manager. the following Department of Justice Web information are encouraged. Your comments should address one or more [FR Doc. E9–2971 Filed 2–11–09; 8:45 am] site, http://www.usdoj.gov/enrd/ _ of the following four points: BILLING CODE 4310–VC–P Consent Decrees.html. A copy of the First Amendment may also be obtained —Evaluate whether the proposed by mail from the Consent Decree collection of information is necessary Library, P.O. Box 7611, U.S. Department for the proper performance of the DEPARTMENT OF JUSTICE of Justice, Washington, DC 20044–7611, functions of the agency, including Notice of Lodging of an Amendment to or by faxing or e-mailing a request to whether the information will have Consent Decree Pursuant to the Clean Tonia Fleetwood practical utility; Water Act ([email protected]), fax no. —Evaluate the accuracy of the agency’s (202) 514–0097, phone confirmation estimate of the burden of the Notice is hereby given that a proposed number (202) 514–1547. In requesting a proposed collection of information, First Amendment to the Consent Decree copy from the Consent Decree Library, including the validity of the entered on February 11, 2005 in United please enclose a check in the amount of methodology and assumptions used; States of America et al. v. Knoxville $4.00 (25 cents per page reproduction —Enhance the quality, utility, and Utilities Board, Nos. 3:03–CV–497 and cost) payable to the U.S. Treasury. The clarity of the information to be 3:04–CV–568, was lodged on check should refer to United States et al. collected; and

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—Minimize the burden of the collection DEPARTMENT OF JUSTICE (1) Type of Information Collection: of information on those who are to Extension of a currently approved respond, including through the use of Bureau of Alcohol, Tobacco, Firearms collection. appropriate automated, electronic, and Explosives (2) Title of the Form/Collection: mechanical, or other technological [OMB Number 1140–0061] Certificate of Compliance With 18 collection techniques or other forms U.S.C. 922(g)(5)(B). of information technology, e.g., Agency Information Collection (3) Agency form number, if any, and the applicable component of the permitting electronic submission of Activities: Proposed Collection; Comments Requested Department of Justice sponsoring the responses. collection: Form Number: ATF F Overview of This Information ACTION: 60-Day Notice of Information 5330.20. Bureau of Alcohol, Tobacco, Collection Collection Under Review: Certificate of Firearms and Explosives. Compliance With 18 U.S.C. 922(g)(5)(B). (4) Affected public who will be asked (1) Type of Information Collection: or required to respond, as well as a brief Extension of a currently approved The Department of Justice (DOJ), abstract: Primary: Business or other for- collection. Bureau of Alcohol, Tobacco, Firearms profit. Other: None. The law of 18 and Explosives (ATF), will be U.S.C. 922(g)(5)(B) makes it unlawful for (2) Title of the Form/Collection: FFL submitting the following information Out-of-Business Records Request. any nonimmigrant alien to ship or collection request to the Office of transport in interstate or foreign (3) Agency form number, if any, and Management and Budget (OMB) for commerce, or possess in or affecting the applicable component of the review and approval in accordance with commerce, any firearm or ammunition; Department of Justice sponsoring the the Paperwork Reduction Act of 1995. or to receive any firearm or ammunition collection: Form Number: ATF F The proposed information collection is which has shipped or transported in 5300.3A. Bureau of Alcohol, Tobacco, published to obtain comments from the interstate or foreign commerce. ATF F Firearms and Explosives. public and affected agencies. Comments 5330.20 is for the purpose of ensuring (4) Affected public who will be asked are encouraged and will be accepted for that nonimmigrant aliens certify their ‘‘sixty days’’ until April 13, 2009. This or required to respond, as well as a brief compliance according to the law at 18 process is conducted in accordance with abstract: Primary: Business or other for- U.S.C. 922(g)(5)(B). 5 CFR 1320.10. (5) An estimate of the total number of profit. Other: None. Firearms licensees If you have comments especially on respondents and the amount of time are required to keep records of the estimated public burden or estimated for an average respondent to acquisition and disposition. These associated response time, suggestions, respond: It is estimated that 3,000 records remain with the licensee as long or need a copy of the proposed respondents will complete a 3 minute as he is in business. The ATF F information collection instrument with form. 5300.3A, FFL Out-of-Business Records instructions or additional information, (6) An estimate of the total public Request is used by ATF to notify please contact Pat Power, Chief, Federal burden (in hours) associated with the licensees who go out of business. When Firearms Licensing Center, 244 Needy collection: There are an estimated 150 discontinuance of the business is Road, Martinsburg, WV 25405. annual total burden hours associated absolute, such records shall be delivered Written comments and suggestions with this collection. within thirty days following the from the public and affected agencies If additional information is required business discontinuance to the ATF concerning the proposed collection of contact: Lynn Bryant, Department Out-of-Business Records Center. information are encouraged. Your Clearance Officer, Policy and Planning comments should address one or more (5) An estimate of the total number of Staff, Justice Management Division, of the following four points: Department of Justice, Patrick Henry respondents and the amount of time —Evaluate whether the proposed Building, Suite 1600, 601 D Street, NW., estimated for an average respondent to collection of information is necessary Washington, DC 20530. respond: It is estimated that 28,000 for the proper performance of the respondents will complete a 5-minute Dated: February 6, 2009. functions of the agency, including form. Lynn Bryant, whether the information will have Department Clearance Officer, PRA, United (6) An estimate of the total public practical utility; States Department of Justice. burden (in hours) associated with the —Evaluate the accuracy of the agencies [FR Doc. E9–2909 Filed 2–11–09; 8:45 am] collection: There are an estimated 2,324 estimate of the burden of the BILLING CODE 4410–FY–P annual total burden hours associated proposed collection of information, with this collection. including the validity of the methodology and assumptions used; If additional information is required, —Enhance the quality, utility, and DEPARTMENT OF LABOR contact: Lynn Bryant, Department clarity of the information to be Office of the Secretary Clearance Officer, Policy and Planning collected; and Staff, Justice Management Division, —Minimize the burden of the collection Submission for OMB Review: Department of Justice, Patrick Henry of information on those who are to Comment Request Building, Suite 1600, 601 D Street NW., respond, including through the use of Washington, DC 20530. appropriate automated, electronic, February 2, 2009. Dated: February 6, 2009. mechanical, or other technological The Department of Labor (DOL) hereby announces the submission of the Lynn Bryant, collection techniques or other forms of information technology, e.g., following public information collection Department Clearance Officer, PRA, United permitting electronic submission of request (ICR) to the Office of States Department of Justice. responses. Management and Budget (OMB) for [FR Doc. E9–2907 Filed 2–11–09; 8:45 am] Overview of this information review and approval in accordance with BILLING CODE 4410–FY–P collection: the Paperwork Reduction Act of 1995

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(Pub. L. 104–13, 44 U.S.C. chapter 35). Description: The proposed study will by contacting the office listed below in A copy of this ICR, with applicable develop and further DOL understanding the addressee section of this notice or by supporting documentation; including of the traits and characteristics of accessing: http://www.doleta.gov/ among other things a description of the programs which provide employment OMBCN/OMBControlNumber.cfm. and training services for homeless likely respondents, proposed frequency DATES: Written comments must be veterans. For additional information, see of response, and estimated total burden submitted to the office listed in the related notice published at Volume 73 may be obtained from the RegInfo.gov addressee’s section below on or before FR 47981 on August 15, 2008. Web site at http://www.reginfo.gov/ April 13, 2009. public/do/PRAMain or by contacting Darrin A. King, Mary Beth Smith-Toomey on 202–693– ADDRESSES: Submit written comments Departmental Clearance Officer. 4223 (this is not a toll-free number)/ to: Alina Walker, U.S. Department of fnl;e-mail: [email protected]. [FR Doc. E9–2967 Filed 2–11–09; 8:45 am] Labor, Employment and Training Interested parties are encouraged to BILLING CODE 4510–79–P Administration, Office of Workforce send comments to the Office of Investment, Division of Adult Services, Information and Regulatory Affairs, Migrant and Seasonal Farmworkers, DEPARTMENT OF LABOR Attn: OMB Desk Officer for the Room S–4209, 200 Constitution Avenue, Department of Labor—ETA, Office of Information Collection Extension NW., Washington, DC 20210. Telephone Management and Budget, Room 10235, Request for the Agricultural and Food number: 202–693–2706 (this is not a Washington, DC 20503, Telephone: Processing Clearance Order (ETA toll-free number). Fax: 202–693–3587. 202–395–7316/Fax: 202–395–6974 Form 790), and the Agricultural Food E-mail: [email protected]. (these are not toll-free numbers), E-mail: Processing Clearance Memorandum SUPPLEMENTARY INFORMATION: _ OIRA [email protected] within (ETA Form 795), Comment Request 30 days from the date of this publication I. Background in the Federal Register. In order to AGENCY: Employment and Training Administration, Labor. Currently, the Employment and ensure the appropriate consideration, Training Administration (ETA) will ACTION: Notice. comments should reference the OMB solicit comments concerning the Control Number (see below). SUMMARY: extension of the Agricultural and Food The OMB is particularly interested in The Department of Labor, as part of its continuing effort to reduce Processing Clearance Order Form for comments which: Agricultural Recruitment System • Evaluate whether the proposed paperwork and respondent burden, Affecting Migratory Farmworkers (ETA collection of information is necessary conducts a pre-clearance consultation Form 790), and the Agricultural Food for the proper performance of the program to provide the general public Processing Clearance Memorandum functions of the agency, including and Federal agencies with an (ETA Form 795), which will expire on whether the information will have opportunity to comment on proposed August 31, 2009. Documents for this practical utility; and/or continuing collections of information request can be obtained by • Evaluate the accuracy of the information in accordance with the contacting the office listed below in the agency’s estimate of the burden of the Paperwork Reduction Act of 1995 addressee section or by accessing: proposed collection of information, (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This http://www.doleta.gov/OMBCN/ including the validity of the program helps to ensure that requested OMBControlNumber.cfm. methodology and assumptions used; data can be provided in the desired • Enhance the quality, utility, and format, reporting burden (time and II. Review Focus clarity of the information to be financial resources) is minimized, collected; and collection instruments are clearly The Department of Labor is • Minimize the burden of the understood, and the impact of collection particularly interested in comments collection of information on those who requirements on respondents can be which: are to respond, including through the properly assessed. Currently, the * Evaluate whether the proposed use of appropriate automated, Employment and Training collection of information is necessary electronic, mechanical, or other Administration is soliciting comments for the proper performance of the technological collection techniques or concerning the collection of data about functions of the agency, including other forms of information technology, the recruitment of agricultural workers. whether the information will have e.g., permitting electronic submission of In situations where an adequate supply practical utility; responses. of workers does not exist locally, * Evaluate the accuracy of the Agency: Veterans Employment and agricultural employers must use the agency’s estimate of the burden of the Training Service. Agricultural and Food Processing proposed collection of information, Type of Review: New Collection Clearance Order ETA Form 790 to list including the validity of the (Request for a New OMB Control the job opening with the State methodology and assumptions used; Number). Workforce Agencies (SWAs) for * Enhance the quality, utility, and Title of Collection: Homeless Veterans recruiting temporary agricultural clarity of the information to be Reintegration Program Data Collection workers. collected; and and Effectiveness Study. The Agricultural and Food Processing OMB Control Number: 1293–NEW. Clearance Memorandum, ETA Form * Minimize the burden of the Affected Public: Private Sector, Not- 795, is used by SWAs to extend job collection of information on those who for-Profit Institutions. orders beyond their jurisdictions, give are to respond, including through the Total Estimated Number of notice of action on a clearance order, use of appropriate automated, Respondents: 81. request additional information, amend electronic, mechanical, or other Total Estimated Annual Burden the order, report results, and accept or technological collection techniques or Hours: 405. reject the extended job order. other forms of information technology, Total Estimated Annual Costs Burden: A copy of the proposed information e.g., permitting electronic submissions $0. collection request (ICR) can be obtained of responses.

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III. Current Actions Interested parties are encouraged to related notice published at Volume 73 Type of Review: Extension without send comments to the Office of FR 47981 on August 15, 2008. Information and Regulatory Affairs, changes. Darrin A. King, Agency: Employment and Training Attn: OMB Desk Officer for the Department of Labor—ETA, Office of Departmental Clearance Officer. Administration. [FR Doc. E9–2969 Filed 2–11–09; 8:45 am] Title: The Agricultural and Food Management and Budget, Room 10235, BILLING CODE 4510–79–P Processing Clearance Order (ETA Form Washington, DC 20503, Telephone: 790), and the Agricultural Food 202–395–7316 / Fax: 202–395–6974 Processing Clearance Memorandum (these are not toll-free numbers), E-mail: _ DEPARTMENT OF LABOR (ETA Form 795). OIRA [email protected] within OMB Number: 1205–0134. 30 days from the date of this publication Employment and Training Affected Public: Employers and state, in the Federal Register. In order to Administration local, and tribal Governments. ensure the appropriate consideration, Forms: ETA–790 and ETA–795. comments should reference the OMB Investigations Regarding Certifications Total Respondents: 5,600. Control Number (see below). of Eligibility To Apply for Worker Frequency: On occasion. The OMB is particularly interested in Adjustment Assistance and Alternative Total Annual Responses: 5,600. comments which: Trade Adjustment Assistance Average Time per Response: 60 • Evaluate whether the proposed minutes for ETA–790 and 15 minutes Petitions have been filed with the collection of information is necessary Secretary of Labor under Section 221(a) for ETA–795. for the proper performance of the Estimated Total Annual Burden of the Trade Act of 1974 (‘‘the Act’’) and functions of the agency, including Hours: 4,850. are identified in the Appendix to this whether the information will have Total Burden Cost (Operating/ notice. Upon receipt of these petitions, practical utility; Maintaining): $0. the Director of the Division of Trade • Comments submitted in response to this Evaluate the accuracy of the Adjustment Assistance, Employment comment request will be summarized agency’s estimate of the burden of the and Training Administration, has and/or included in the request for Office proposed collection of information, instituted investigations pursuant to of Management and Budget approval of including the validity of the Section 221(a) of the Act. the information collection request; they methodology and assumptions used; The purpose of each of the will also become a matter of public • Enhance the quality, utility, and investigations is to determine whether record. clarity of the information to be the workers are eligible to apply for Signed: At Washington, DC this 5th day of collected; and adjustment assistance under Title II, February 2009. • Minimize the burden of the Chapter 2, of the Act. The investigations Gay M. Gilbert, collection of information on those who will further relate, as appropriate, to the Administrator, Office of Workforce are to respond, including through the determination of the date on which total Investment, Employment and Training use of appropriate automated, or partial separations began or Administration. electronic, mechanical, or other threatened to begin and the subdivision [FR Doc. E9–2968 Filed 2–11–09; 8:45 am] technological collection techniques or of the firm involved. BILLING CODE 4510–FN–P other forms of information technology, The petitioners or any other persons e.g., permitting electronic submission of showing a substantial interest in the responses. subject matter of the investigations may DEPARTMENT OF LABOR AGENCY: Veterans Employment and request a public hearing, provided such request is filed in writing with the Office of the Secretary Training Service. Director, Division of Trade Adjustment Type of Review: New Collection Submission for OMB Review: Assistance, at the address shown below, (Request for a New OMB Control not later than February 23, 2009. Comment Request Number). Interested persons are invited to February 2, 2009. Title of Collection: Homeless Veterans submit written comments regarding the The Department of Labor (DOL) Reintegration Program Data Collection subject matter of the investigations to hereby announces the submission of the and Effectiveness Study. the Director, Division of Trade following public information collection OMB Control Number: 1293–NEW. Adjustment Assistance, at the address request (ICR) to the Office of Affected Public: Private Sector, Not- shown below, not later than Management and Budget (OMB) for February 23, 2009. review and approval in accordance with for Profit Institutions. the Paperwork Reduction Act of 1995 Total Estimated Number of The petitions filed in this case are (Pub. L. 104–13, 44 U.S.C. chapter 35). Respondents: 81. available for inspection at the Office of A copy of this ICR, with applicable the Director, Division of Trade Total Estimated Annual Burden Adjustment Assistance, Employment supporting documentation; including Hours: 405. among other things a description of the and Training Administration, U.S. likely respondents, proposed frequency Total Estimated Annual Costs Burden: Department of Labor, Room N–5428, of response, and estimated total burden $0. 200 Constitution Avenue, NW., may be obtained from the RegInfo.gov Description: The proposed study will Washington, DC 20210. Web site at http://www.reginfo.gov/ develop and further DOL understanding Signed at Washington, DC, this 6th day of public/do/PRAMain or by contacting of the traits and characteristics of February 2009. Mary Beth Smith-Toomey on 202–693– programs which provide employment Linda G. Poole, 4223 (this is not a toll-free number)/ and training services for homeless Certifying Officer, Division of Trade e-mail: [email protected] . veterans. For additional information, see Adjustment Assistance.

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APPENDIX [TAA Petitions Instituted Between 1/21/09 and 1/23/09]

Subject firm Date of Date of TA–W (petitioners) Location institution petition

64921 ...... Hickory Chair/HDM Furniture(Comp) ...... Hickory, NC ...... 01/21/09 01/16/09 64922 ...... ISM Fastening Systems(USW) ...... Butler, PA ...... 01/21/09 01/16/09 64923 ...... International Legwear Corp.(Comp) ...... Hickory, NC ...... 01/21/09 01/16/09 64924 ...... Freeport McMoRan(Wkrs) ...... Hurley, NM ...... 01/21/09 01/15/09 64925 ...... Dana Heavy Vechicles Systme Group(Wkrs) ...... Glasgow, KY ...... 01/22/09 01/16/09 64926 ...... Ray Lewis & Son(Wkrs) ...... Marysville, OH ...... 01/22/09 01/13/09 64927 ...... Anheuser-Busch Inc(Wkrs) ...... St. Louis, MO ...... 01/22/09 01/16/09 64928 ...... Advanced Micro Devices(Wkrs) ...... Sunnyvale, CA ...... 01/22/09 01/16/09 64929 ...... Pfizer(Wkrs) ...... Terre Haute, IN ...... 01/22/09 01/12/09 64930 ...... Kaiser Aluminum(Wkrs) ...... Greenwood, SC ...... 01/22/09 01/15/09 64931 ...... INVISTA S.a.r.l.(Comp) ...... Seaford, DE ...... 01/22/09 01/13/09 64932 ...... Pratt & Whitney(State) ...... East Hartford, CT ...... 01/22/09 01/16/09 64933 ...... Wolf Appliance(Union) ...... Fitchburg, WI ...... 01/22/09 01/19/09 64934 ...... Borg Warner Morse TEC(IBT) ...... Ithaca, NY ...... 01/22/09 01/20/09 64935 ...... Baker Hosiery(State) ...... Fort Payne, AL ...... 01/22/09 01/20/09 64936 ...... Casco Products(Comp) ...... Marks, MS ...... 01/22/09 01/20/09 64937 ...... Kellwood Company(Comp) ...... Rutherford, TN ...... 01/22/09 01/16/09 64938 ...... Sonoco Products Company(Wkrs) ...... Rockton, IL ...... 01/22/09 01/14/09 64939 ...... Farmtrac North America, LLC(Comp) ...... Tarboro, NC ...... 01/22/09 01/17/09 64940 ...... Long Equipment Company(Comp) ...... Tarboro, ND ...... 01/22/09 01/17/09 64941 ...... Southworth, Inc(State) ...... Manilla, AR ...... 01/22/09 01/20/09 64942 ...... Bestop, Inc.(Comp) ...... Broomfield, CO ...... 01/22/09 01/20/09 64943 ...... Versa-Matic Pump Company(Comp) ...... Export, PA ...... 01/22/09 01/16/09 64944 ...... Invista(IBDW) ...... Waynesboro, VA ...... 01/22/09 01/20/09 64945 ...... InterMetro Industries(Comp) ...... Wilkes-Barre, PA ...... 01/22/09 01/14/09 64946 ...... AbitibiBowater, Inc.(Comp) ...... Calhoun, TN ...... 01/22/09 01/02/09 64947 ...... Philip Morris(BCTGM) ...... Concord, NC ...... 01/22/09 01/15/09 64948 ...... Raxon Fabrics Corporation(UNITE) ...... Allentown, PA ...... 01/22/09 01/21/09 64949 ...... Littlelfuse, Inc.(Comp) ...... Des Plaines, IL ...... 01/22/09 01/16/09 64950 ...... Indepak, Inc.(Comp) ...... Portland, OR ...... 01/22/09 01/21/09 64951 ...... Daimler Trucks North America/Portland Truck Plant(Comp) Portland, OR ...... 01/22/09 01/21/09 64952 ...... Heritage Footwear, Inc.(Comp) ...... Fort Payne, AL ...... 01/22/09 01/14/09 64953 ...... Bloomsburg Mills, Inc.(Comp) ...... Bloomsburg, PA ...... 01/22/09 01/13/09 64954 ...... ZF Boge Elastametall, LLC(State) ...... Paris, IL ...... 01/22/09 01/21/09 64955 ...... Vishay Dale(State) ...... Columbus, NE ...... 01/22/09 01/21/09 64956 ...... Citigroup Global Markets(Wkrs) ...... New York, NY ...... 01/22/09 01/20/09 64957 ...... Kyocera Wireless Corporation(Comp) ...... San Diego, CA ...... 01/22/09 01/20/09 64958 ...... Molex, Inc.(State) ...... Lincoln, NE ...... 01/22/09 01/21/09 64959 ...... Emerson Network Power(Comp) ...... Marlborough, MA ...... 01/22/09 01/19/09 64960 ...... Pax Machine Works, Inc.(Comp) ...... Celina, OH ...... 01/22/09 01/21/09 64961 ...... CNI-Duluth, LLC(State) ...... Madison Heights, MI ...... 01/22/09 01/15/09 64962 ...... FTCA, Inc.(USW) ...... Somerset, PA ...... 01/22/09 01/21/09 64963 ...... DME Company(Wkrs) ...... Youngwood, PA ...... 01/22/09 01/21/09 64964 ...... Kennametal, Inc.(Wkrs) ...... Farmington Hills, MI ...... 01/22/09 01/21/09 64965 ...... Honeywell International, Inc.(State) ...... Plymouth, MI ...... 01/22/09 01/12/09 64966 ...... Camera Dynamics, Inc.(State) ...... Costa Mesa, CA ...... 01/22/09 01/20/09 64967 ...... ARRK Product Development Group(Wkrs) ...... San Diego, CA ...... 01/22/09 01/14/09 64968 ...... The Jim C. Hamer Company(Comp) ...... Kenova, WV ...... 01/22/09 01/16/09 64969 ...... The Vollrath Company, LLC(UAW) ...... Sheboygan, WI ...... 01/22/09 01/21/09 64970 ...... Boise Cascade, LLC(Wkrs) ...... White City, OR ...... 01/22/09 01/13/09 64971 ...... Gregg Industries(Comp) ...... El Monte, CA ...... 01/22/09 01/15/09 64972 ...... Risdon International(Comp) ...... Laconia, NH ...... 01/23/09 01/23/09 64973 ...... Elcom, Inc.(Comp) ...... El Paso, TX ...... 01/23/09 01/22/09 64974 ...... Fredon Development Industries, LLC(Comp) ...... Newton, NJ ...... 01/23/09 01/23/09 64975 ...... Shell Sands, Inc.(Wkrs) ...... Cleveland, OH ...... 01/23/09 01/05/09 64976 ...... General Building Corporation(Comp) ...... Addison, IL ...... 01/23/09 01/22/09 64977 ...... Circuit Check, Inc.(Comp) ...... Maple Grove, MN ...... 01/23/09 01/22/09 64978 ...... Narroflex, Inc.(Comp) ...... Stuart, VA ...... 01/23/09 01/21/09 64979 ...... Fiberweb(Wkrs) ...... Simpsonville, SC ...... 01/23/09 01/22/09 64980 ...... National Wood Products of Maine, Inc.(Comp) ...... Oxford, ME ...... 01/23/09 01/22/09 64981 ...... EFTEC N.A., LLC(UAW) ...... Dayton, OH ...... 01/23/09 01/21/09 64982 ...... W&H Machine Shop, Inc.(Comp) ...... St. Marys, PA ...... 01/23/09 01/22/09 64983 ...... Plum Creek Northwest Lumber, Inc.(Comp) ...... Pablo, MT ...... 01/23/09 01/22/09

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[FR Doc. E9–3029 Filed 2–11–09; 8:45 am] DATES: Requests for copies must be records are created and maintained. BILLING CODE 4510–FN–P received in writing on or before March Items included in schedules submitted 16, 2009. Once the appraisal of the to NARA on or after December 17, 2007, records is completed, NARA will send are media neutral unless the item is DEPARTMENT OF LABOR a copy of the schedule. NARA staff limited to a specific medium. (See 36 usually prepare appraisal CFR 1228.24(b)(3).) Employment and Training memorandums that contain additional No Federal records are authorized for Administration information concerning the records destruction without the approval of the [TA–W–65,080] covered by a proposed schedule. These, Archivist of the United States. This too, may be requested and will be approval is granted only after a Santoku America, Incorporated; provided once the appraisal is thorough consideration of their Tolleson, AZ; Notice of Termination of completed. Requesters will be given 30 administrative use by the agency of Investigation days to submit comments. origin, the rights of the Government and ADDRESSES of private persons directly affected by Pursuant to Section 221 of the Trade : You may request a copy of the Government’s activities, and Act of 1974, as amended, an any records schedule identified in this whether or not they have historical or investigation was initiated on February notice by contacting the Life Cycle other value. 2, 2009 in response to a worker petition Management Division (NWML) using filed by a company official on behalf of one of the following means: Besides identifying the Federal Mail: NARA (NWML), 8601 Adelphi workers of Santoku America, agencies and any subdivisions Road, College Park, MD 20740–6001. requesting disposition authority, this Incorporated, Tolleson, Arizona. E-mail: [email protected]. The petitioner has requested that the public notice lists the organizational Fax: 301–837–3698. unit(s) accumulating the records or petition be withdrawn. Consequently, Requesters must cite the control the investigation has been terminated. indicates agency-wide applicability in number, which appears in parentheses the case of schedules that cover records Signed at Washington, DC this 4th day of after the name of the agency which that may be accumulated throughout an February 2009. submitted the schedule, and must agency. This notice provides the control Elliott S. Kushner, provide a mailing address. Those who number assigned to each schedule, the Certifying Officer, Division of Trade desire appraisal reports should so total number of schedule items, and the Adjustment Assistance. indicate in their request. number of temporary items (the records [FR Doc. E9–3028 Filed 2–11–09; 8:45 am] FOR FURTHER INFORMATION CONTACT: proposed for destruction). It also BILLING CODE 4510–FN–P Laurence Brewer, Director, Life Cycle includes a brief description of the Management Division (NWML), temporary records. The records National Archives and Records schedule itself contains a full NATIONAL ARCHIVES AND RECORDS Administration, 8601 Adelphi Road, description of the records at the file unit ADMINISTRATION College Park, MD 20740–6001. level as well as their disposition. If Telephone: 301–837–1539. E-mail: NARA staff has prepared an appraisal Records Schedules; Availability and [email protected]. memorandum for the schedule, it too Request for Comments SUPPLEMENTARY INFORMATION: Each year includes information about the records. AGENCY: National Archives and Records Federal agencies create billions of Further information about the Administration (NARA). records on paper, film, magnetic tape, disposition process is available on ACTION: Notice of availability of and other media. To control this request. proposed records schedules; request for accumulation, agency records managers Schedules Pending comments. prepare schedules proposing retention periods for records and submit these 1. Department of Health and Human SUMMARY: The National Archives and schedules for NARA’s approval, using Services, Centers for Disease Control Records Administration (NARA) the Standard Form (SF) 115, Request for and Prevention (N1–442–08–2, 3 items, publishes notice at least once monthly Records Disposition Authority. These 3 temporary items). Master files of certain Federal agency requests for schedules provide for the timely transfer associated with an electronic records disposition authority (records into the National Archives of information system used to record and schedules). Once approved by NARA, historically valuable records and audit telephone calls made by the records schedules provide mandatory authorize the disposal of all other general public and health professionals instructions on what happens to records records after the agency no longer needs to agency contact centers. when no longer needed for current them to conduct its business. Some 2. Department of Homeland Security, Government business. They authorize schedules are comprehensive and cover Office for Civil Rights and Civil the preservation of records of all the records of an agency or one of its Liberties (N1–563–08–38, 4 items, 3 continuing value in the National major subdivisions. Most schedules, temporary items). Civil liberties impact Archives of the United States and the however, cover records of only one assessment reports not deemed destruction, after a specified period, of office or program or a few series of significant and clearance comments and records lacking administrative, legal, records. Many of these update working files associated with all civil research, or other value. Notice is previously approved schedules, and liberties impact assessment reports. published for records schedules in some include records proposed as Proposed for permanent retention are which agencies propose to destroy permanent. significant civil liberties impact records not previously authorized for The schedules listed in this notice are assessment reports. disposal or reduce the retention period media neutral unless specified 3. Department of Homeland Security, of records already authorized for otherwise. An item in a schedule is U.S. Secret Service (N1–87–09–2, 2 disposal. NARA invites public media neutral when the disposition items, 2 temporary items). Master files comments on such records schedules, as instructions may be applied to records and duplicate data associated with an required by 44 U.S.C. 3303a(a). regardless of the medium in which the electronic information system that

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tracks the status of closed criminal 10. Department of Justice, Office of International (application review): cases. Community Oriented Policing Services March 4, 2009 by teleconference. This 4. Department of the Interior, Office of (N1–60–09–7, 1 item, 1 temporary item). meeting, from 2 p.m. to 4:10 p.m., will the Secretary (N1–48–08–11, 1 item, 1 Master files for an electronic be closed. temporary item). Master files of an information system used to track the The closed portions of meetings are electronic information system which approval and administration of grant for the purpose of Panel review, maintains property inventories. requests. discussion, evaluation, and 5. Department of the Interior, Bureau 11. Department of Justice, Bureau of recommendations on financial of Reclamation (N1–115–08–13, 4 items, Prisons (N1–129–09–1, 2 items, 2 assistance under the National 4 temporary items). Electronic records temporary items). Electronic records Foundation on the Arts and the relating to water delivery and charge associated with an electronic Humanities Act of 1965, as amended, data that is used to track contract information system that contains including information given in distribution and payment costs. drawings of products produced by confidence to the agency. In accordance 6. Department of the Interior, National Federal prison industries, such as with the determination of the Chairman Park Service (N1–79–08–3, 5 items, 4 clothing, office furniture, and industrial of February 28, 2008, these sessions will temporary items). Records relating to products. be closed to the public pursuant to the planning, design, construction, 12. Department of Justice, Bureau of subsection (c)(6) of section 552b of Title rehabilitation, restoration, and Prisons (N1–129–09–5, 2 items, 2 5, United States Code. maintenance of non-historic facilities, temporary items). Master files and Further information with reference to utilities, and infrastructure. Proposed outputs of an electronic information these meetings can be obtained from Ms. Kathy Plowitz-Worden, Office of for permanent retention are files that system used to maintain control over Guidelines & Panel Operations, National relate to buildings, roads, and other keys, locks, weapons, and other Endowment for the Arts, Washington, permanent or long-term structures as equipment. DC 20506, or call 202/682–5691. well as planning and policy documents. 13. Department of Transportation, 7. Department of the Interior, National Federal Highway Administration (N1– Dated: February 9, 2009. Park Service (N1–79–08–4, 5 items, 3 406–08–5, 6 items, 5 temporary items). Kathy Plowitz-Worden, temporary items). Records relating to Administrative files, reference Panel Coordinator, Panel Operations, the management of services such as materials, transportation security National Endowment for the Arts. lodging, food, transportation, and program project files and working [FR Doc. E9–2998 Filed 2–11–09; 8:45 am] recreation provided for park visitors papers, and public-private partnership BILLING CODE 7537–01–P under commercial service contracts and program files. Proposed for permanent leases. Proposed for permanent retention are correspondence files retention are records relating to accumulated by the agency’s NATIONAL SCIENCE FOUNDATION significant policies and procedures as Administrator, Deputy Administrator, well as files that document the and Executive Director. Agency Information Collection management of significant commercial 14. Railroad Retirement Board, Office Activities: Comment Request of Programs (N1–184–08–3, 5 items, 5 service contracts and leases. AGENCY: National Science Foundation. 8. Department of the Interior, U.S. temporary items). Electronic records associated with payments and services ACTION: Submission for OMB review; Geological Survey (N1–57–08–6, 61 comment request. items, 50 temporary items). Records provided in accordance with the associated with such administrative Railroad Unemployment Insurance Act. SUMMARY: The National Science housekeeping functions as emergency Dated: February 6, 2009. Foundation (NSF) has submitted the planning, safety, security, Michael J. Kurtz, following information collection environmental management, and Assistant Archivist for Records Services— requirements to OMB for review and property management as well as Washington, DC. clearance under the Paperwork audiovisual records and publishing [FR Doc. E9–3081 Filed 2–11–09; 8:45 am] Reduction Act of 1995, Public Law 104– records. Included are such records as BILLING CODE 7515–01–P 13. Comments regarding (a) whether the personnel security records, classified collection of information is necessary information records, exposure and for the proper performance of the industrial hygiene records, functions of the agency, including environmental management, permitting, NATIONAL FOUNDATION ON THE whether the information will have and compliance records, and museum ARTS AND THE HUMANITIES practical utility; (b) the accuracy of the general management and accountability National Endowment for the Arts; Arts agency’s estimate of burden including files. Proposed for permanent retention Advisory Panel the validity of the methodology and are such records as agency-sponsored assumptions used; (c) ways to enhance and mission-related motion picture and Pursuant to Section 10(a)(2) of the the quality, utility and clarity of the video records, unedited stock footage, Federal Advisory Committee Act (Pub. information to be collected; (d) ways to acquired motion pictures, and electronic L. 92–463), as amended, notice is hereby minimize the burden of the collection of records associated with the Electronic given that two meetings of the Arts information on those who are to Publications Database System. Advisory Panel to the National Council respond, including through the use of 9. Department of Justice, Justice on the Arts will be held as follows appropriate automated, electronic, Management Division (N1–60–09–8, 2 (ending times are approximate): mechanical, or other technological items, 2 temporary items). Inputs and Visual Arts/Rosa Parks Sculpture collection techniques or other forms of master files for an electronic Design (application review): March 9, information technology should be information system used to track 2009 in the North Meeting Room, addressed to: Office of Information and applications for the Attorney General’s Capitol Visitor Center, U.S. Capitol, Regulatory Affairs of OMB, Attention: Honors Program and the Summer Law Washington, DC. This meeting, from Desk Officer for National Science Intern Program. 12:30 p.m. to 5 p.m., will be closed. Foundation, 725—17th Street, NW.,

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Room 10235, Washington, DC 20503, comments for 60 days ending Summary of Application: Applicants and to Suzanne H. Plimpton, Reports February 9, 2009. One comment was request an order to permit transactions Clearance Officer, National Science received from the public notice. The in certain securities between series of Foundation, 4201 Wilson Boulevard, comment came from B. Sachau of certain registered unit investment trusts Suite 295, Arlington, Virginia 22230 or Floram Park, NJ, via e-mail on December (‘‘UITs’’). send e-mail to [email protected]. 9, 2008. Ms. Sachau objected to the Applicants: Advisors Asset Comments regarding these information information collection. Ms. Sachau had Management, Inc. (‘‘AAM’’) and any collections are best assured of having no specific suggestions for altering the entity controlling, controlled by or their full effect if received within 30 data collection plans other than to under common control with AAM days of this notification. Copies of the discontinue them entirely. (collectively, the ‘‘Depositor’’); Advisors submission(s) may be obtained by Response: We responded to Ms. Disciplined Trust (‘‘ADT’’); any future calling 703–292–7556. Sachau on December 17, 2008 registered UITs sponsored by the NSF may not conduct or sponsor a describing the program, the frequency Depositor (together with ADT, the collection of information unless the and the cost issues raised by Ms. ‘‘Trusts’’) and the future and existing collection of information displays a Sachau. NSF believes that because the series of each Trust (each a ‘‘Series’’).1 currently valid OMB control number comment does not pertain to the Filing Dates: The application was and the agency informs potential collection of information on the filed on May 28, 2008, and amended on persons who are to respond to the required forms for which NSF is seeking November 24, 2008. Applicants have collection of information that such OMB approval, NSF is proceeding with agreed to file an amendment during the persons are not required to respond to the clearance request. notice period, the substance of which is the collection of information unless it Need and Use of the Information: The reflected in this notice. displays a currently valid OMB control Federal government, universities, Hearing or Notification of Hearing: An number. researchers, and others use the order granting the application will be SUPPLEMENTARY INFORMATION: information extensively. The National issued unless the Commission orders a Title: Survey of Earned Doctorates. Science Foundation, as the lead agency, hearing. Interested persons may request OMB Control Number: 3145–0019. publishes statistics from the survey in a hearing by writing to the Summary of Collection: The Survey of several reports, but primarily in the Commission’s Secretary and serving Earned Doctorates has been conducted annual publication series, ‘‘Science and applicants with a copy of the request, continuously since 1958 and is jointly Engineering Doctorates’’ and the personally or by mail. Hearing requests sponsored by six Federal agencies in Interagency Report, ‘‘Doctorate should be received by the Commission order to avoid duplication. It is an Recipients from U.S. Universities: by 5:30 p.m. on March 3, 2009, and accurate, timely source of information Summary Report.’’ These reports are should be accompanied by proof of on our Nation’s most precious available on the Web. NSF uses this service on the applicants, in the form of resource—highly educated individuals. information to prepare Congressionally an affidavit or, for lawyers, a certificate Data are obtained via paper mandated reports such as Science and of service. Hearing requests should state questionnaire or Web survey from each Engineering Indicators and Women, the nature of the writer’s interest, the person earning a research doctorate at Minorities and Persons with Disabilities reason for the request, and the issues the time they receive the degree. in Science and Engineering. contested. Persons who wish to be Graduate Schools help distribute the Description of Respondents: notified of a hearing may request Survey of Earned Doctorates to their Individuals. notification by writing to the graduating doctorate recipients. Data are Number of Respondents: 49,000. Commission’s Secretary. collected on the doctorate recipient’s Frequency of Responses: Annually. ADDRESSES: Secretary, U.S. Securities field of specialty, educational Total Burden Hours: 27,738. and Exchange Commission, 100 F background, sources of support in Dated: February 9, 2009. Street, NE., Washington, DC 20549– graduate school, debt level, Suzanne H. Plimpton, 1090. Applicants, 18925 Base Camp Road, Monument, CO 80132. postgraduation plans for employment, Reports Clearance Officer, National Science and demographic characteristics. Foundation. FOR FURTHER INFORMATION CONTACT: Jean The survey will be collected in [FR Doc. E9–2995 Filed 2–11–09; 8:45 am] E. Minarick, Senior Counsel, at (202) 551–6811, or Julia Kim Gilmer, Branch conformance with the National Science BILLING CODE 7555–01–P Foundation Act of 1950, as amended, Chief, at (202) 551–6821 (Division of and the Privacy Act of 1974. Responses Investment Management, Office of Investment Company Regulation). from individuals are voluntary. NSF SECURITIES AND EXCHANGE will ensure that all individually COMMISSION SUPPLEMENTARY INFORMATION: The identifiable information collected will following is a summary of the be kept strictly confidential and will be [Investment Company Act Release No. application. The complete application used for research or statistical purposes, 28613; 812–13536] may be obtained for a fee at the analyzing data, and preparing scientific Commission’s Public Reference Room, Advisors Asset Management, Inc. and reports and articles. 100 F Street, NE., Washington DC Advisors Disciplined Trust; Notice of The first Federal Register notice for 20549–1520 (tel. 202–551–5850). Application this survey was 73 FR 74757, published Applicants’ Representations December 9, 2008, and one comment February 6, 2009. 1. ADT is a UIT registered under the was received. AGENCY: Securities and Exchange Comment: On December 9, 2008 we Commission (‘‘Commission’’). Act. Each Series will be a series of a published in the Federal Register (73 ACTION: Notice of an application under FR 74757) a 60-day notice of our intent 1 All existing Trusts that currently intend to rely sections 6(c) and 17(b) of the Investment to request reinstatement of this on the requested order have been named as Company Act of 1940 (‘‘Act’’) for an applicants. Any other Trust that relies on the information collection authority from exemption from section 17(a) of the Act. requested order in the future will comply with the OMB. In that notice, we solicited public terms and conditions of the application.

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Trust, each a UIT, which is or will be terminating Series (‘‘Rollover Series’’) price listed on the certificate, the registered under the Act. AAM, a that holds U.S. Treasury securities Trustee immediately informs the broker-dealer registered under the (‘‘Treasuries’’) to sell Treasuries to a Depositor orally of any such Securities Exchange Act of 1934 New Series. disagreement and returns the certificate (‘‘Exchange Act’’), is the depositor of 4. Qualified Securities are limited to within five days with the corrections each Series. Each Series is or will be those securities that are actively traded duly noted. Upon receipt by the created by a trust indenture (i.e., have had an average daily trading Depositor of the corrected certificate, if (‘‘Indenture’’) between the Depositor volume in the preceding six months of the Depositor can verify the correct and a banking institution satisfying the at least 500 shares equal in value to at price by reference to any independent requirements of Section 26(a) of the Act least U.S. $25,000) on an exchange (a published list of prices for the date of and unaffiliated with the Depositor, as ‘‘Qualified Exchange’’) that is either (i) the transaction, the Depositor will trustee (‘‘Trustee’’). a national securities exchange that ensure that the price of Units of each of 2. The Depositor acquires a portfolio meets the qualifications of section 6 of the Purchasing Series and the Selling of securities, which it deposits with the the Exchange Act, or (ii) a foreign Series accurately reflects the corrected Trustee in exchange for certificates securities exchange meeting the price. To the extent that the Depositor representing units of fractional qualifications set forth in the proposed disagrees with the Trustee’s corrected undivided beneficial interest in the amendments to rule 12d3–1(d)(6) under price, the Depositor and the Trustee will deposited portfolio (‘‘Units’’). As UITs, the Act 4 and releasing daily closing jointly determine the correct sales price the Series are not actively managed. A prices, and included in a published by reference to a mutually agreeable, Series generally holds securities until index (securities meeting the preceding independently published list of prices the Series terminates or until the tests are referred to as ‘‘Qualified for the date of the transaction. securities mature. A Series may sell Securities’’). 6. In connection with the purchase of portfolio securities (‘‘Selling Series’’) in 5. Purchases and sales of securities Treasuries by a New Series from a connection with termination of the are effected under the direction of the Rollover Series, sales would be effected Series, to fund redemptions of its Units, Depositor’s professional traders. at the offer-side evaluation of the or under certain extraordinary Pursuant to procedures to be adopted by Treasuries as of the evaluation time on circumstances specified in the Series the Depositor and the Trustee upon the the sale date, as determined by an Indenture.2 At the same time, another granting of the requested order, the independent evaluator that will be a Series (‘‘Purchasing Series’’) holding Depositor will make an initial ‘‘qualified evaluator’’ as defined in rule one or more of the same securities as the determination that two Series are on 22c–1(b)(2) under the Act (an Selling Series may be issuing additional opposite sides of a transaction in ‘‘Independent Evaluator’’). To minimize units and may need to purchase the Qualified Securities. The Depositor will the potential for overreaching in these same securities that are being sold by certify in writing to the Trustee of each situations, the Depositor will certify in the Selling Series. In addition, when affected Series, no later than the close writing to the Trustee of both the certain Selling Series holding U.S. of business on the business day Rollover Series and the New Series, Treasury securities (‘‘Treasuries’’) following each sale pursuant to the within five days of each sale of terminate, the Depositor may offer requested order: (a) That the transaction Treasuries from a Rollover Series to a successor Series (‘‘New Series’’) that is consistent with the investment New Series: (i) That the transaction is will hold the same Treasuries. objective and policies of each Series as consistent with the policies of both the 3. Applicants request relief to permit recited in their respective registration Rollover Series and the New Series, as purchases and sales of Qualified statements and reports filed under the recited in their respective registration Securities, as defined below, between Act, (b) the reason that the Selling statements and reports filed under the different Series acting as principal.3 Series is selling the Qualified Securities, Act; (ii) the date of the transaction; and Applicants also seek relief to allow a (c) the date of the transaction, (d) how (iii) the price determined by the the securities being sold meet the Independent Evaluator for the sale date 2 The Depositor maintains a secondary market for definition of Qualified Securities set of the Treasuries. The Trustee will then the Units and applicants state that as a practical forth in the requested order, and (e) the countersign the certificate, unless, in the matter redemptions are initiated primarily by the closing sale price of the Qualified event that the Trustee disagrees with the Depositor because, with the exception of Securities on the Qualified Exchange for price listed on the certificate, the redemptions in kind, the Indenture requires the Trustee to sell units tendered for redemption to the the date the Qualified Securities are Trustee immediately informs the Depositor as long as it maintains a secondary sold. The certificate will be forwarded Depositor orally of such disagreement market for the units. Securities also may be sold by to the Trustee of each Series for its and returns the certificate within five a Series: (a) to pay deferred sales charges or approval. The Trustee will then days to the Depositor with corrections expenses or (b) if the Series has elected to be taxed as a ‘‘regulated investment company’’ as defined in countersign the certificate, unless, in the duly noted. Upon the Depositor’s subchapter M of the Internal Revenue Code of 1986, event that the Trustee disagrees with the receipt of a corrected certificate, the as amended, and either (i) the sale is necessary or Depositor and the Trustee will jointly advisable to maintain the qualification of the Series 4 Investment Company Act Rel. No. 17096 (Aug. determine the correct sales price by as a regulated investment company or (ii) to provide 3, 1989) (proposing amendments to rule 12d3–1). reference to a mutually agreeable, funds to make any distribution for a taxable year The proposed amended rule defined a ‘‘Qualified to avoid imposition of any income or excise taxes Foreign Exchange’’ as a stock exchange in a country published list of prices for the date of on the Series or on undistributed income in the other than the United States where: (i) trading the transaction. Series. The Indenture also authorizes but does not generally occurred at least four days per week; (ii) require the Depositor to direct the Trustee to sell there were limited restrictions on the ability of Applicants’ Legal Analysis securities from a Series’ portfolio in certain other acquiring companies to trade their holdings on the circumstances, but any sale made under those exchange; (iii) the exchange had a trading volume 1. Section 17(a) of the Act prohibits circumstances will not be made in reliance on the in stocks for the previous year of at least U.S. $7.5 an affiliated person of a registered requested relief. billion; and (iv) the exchange had a turnover ratio investment company from selling 3 Rollovers are conducted in accordance with a for the preceding year of at least 20% of its market securities to, or purchasing securities prior order of the Commission. See Fixed Income capitalization. The version of the amended rule that Securities, L.P. and Advisor’s Disciplined Trust, was adopted did not include the part of the from, the company. Section 2(a)(3) of Investment Company Act Rel. Nos. 26529 (Aug. 9, proposed amendment defining the term ‘‘Qualified the Act defines an ‘‘affiliated person’’ of 2004) (notice) and 26593 (Sept. 3, 2004) (order). Foreign Exchange.’’ another person to include, any person

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directly or indirectly controlling, to a Purchasing Series will satisfy each 3. The Trustee of each Series will (a) controlled by, or under common control of the requirements of rule 17a–7 other review the procedures relating to the with the other person. The Depositor than paragraphs (e) and (f). Applicants sale of Qualified Securities and will sponsor each Series. Because the note that the requirements in rule 17a– Treasuries from one Series to another Depositor of a Series may be deemed to 7(e) that the board of directors adopt and (b) make any changes to those control the Series, all of the Series may and monitor certain procedures was procedures as the Trustee considers be deemed to be affiliated persons of adopted, among other things, because necessary as reasonably designed to each other. transactions permitted by rule 17a–7 comply with paragraphs (a), (b) (except 2. Rule 17a–7 under the Act was may involve entities that are not for transactions in Treasuries), (c) and designed to permit registered registered investment companies. The (d) of rule 17a–7. investment companies which might be requested relief would extend only to 4. A written copy of these procedures deemed affiliated persons by reason of transactions between registered UITs. and a written record of each transaction common investment advisers, directors Applicants represent that purchases and pursuant to this order will be and/or officers, to purchase securities sales between the Selling and maintained as provided in rule 17a–7(g). from or sell securities to one another at Purchasing Series will be consistent For the Commission, by the Division of an independently determined price, with the policies of each Series. Investment Management, under delegated provided that certain conditions are Applicants further state that permitting authority. met. With respect to a sale of Qualified the proposed transactions would result Florence E. Harmon, Securities by a Selling Series to a in savings on brokerage fees for the Deputy Secretary. Purchasing Series, Applicants represent Series. that they will comply with all the 6. With respect to Treasuries, [FR Doc. E9–2966 Filed 2–11–09; 8:45 am] provisions of rule 17a–7, other than applicants state that sales by a Rollover BILLING CODE 8011–01–P paragraphs (e) and (f). With respect to a Series to a New Series will comply with sale of Treasuries by a Rollover Series all of the provisions of rule 17a–7 other to a New Series, Applicants represent than paragraph (b), (e) and (f). SMALL BUSINESS ADMINISTRATION that they will comply with all the Applicants state that the Treasuries Small Business Size Standards: provisions of rule 17a–7, other than would be sold by a Rollover Series to a Waiver of the Nonmanufacturer Rule paragraphs (b), (e) and (f). New Series at the Treasuries’ offer-side 3. Paragraph (e) of rule 17a–7 requires evaluation as determined by the AGENCY: U.S. Small Business an investment company’s board of Independent Evaluator. Other Administration. directors (‘‘Board’’) to adopt and Treasuries acquired by the Purchasing ACTION: Notice of intent to terminate the monitor procedures to assure Series will be acquired at the offer-side Nonmanufacturer Rule Class Waiver for compliance with the rule. Paragraph (f) evaluation and the Purchasing Series Product Service Code (PSC) 3930, of the rule requires that the Board would be valued during its initial Warehouse Trucks and Tractors, Self- satisfy certain corporate governance offering period based on the Treasuries’ Propelled. requirements. Because the Trusts do not offer-side evaluation. Applicants state have Boards, the Series would be unable that all unitholders of the New Series, SUMMARY: The U.S. Small Business to comply with these requirements. both unitholders from a Rollover Series Administration (SBA) intends to Paragraph (b) of rule 17a–7 requires that and new unitholders, will acquire Units terminate a waiver of the the transactions be effected at the with a value based on the offer-side Nonmanufacturer Rule for PSC 3930, independent current market price of a evaluation of the Treasuries. Applicants Warehouse Trucks and Tractors, Self- security. The Treasuries would fall state that the sales of Treasuries Propelled based on SBA’s recent within the paragraph (b)(4) category of between Series will reduce transaction discovery of small business ‘‘all other securities,’’ for which the costs to unitholders of the Rollover manufacturers. Terminating this waiver current market price under rule 17a– Series. In addition, Applicants state that will require recipients of contracts set 7(b) is the average of the highest current transactions will be consistent with the aside for small businesses, service- independent bid and lowest current policy of each Series. disabled veteran-owned small independent offer determined on the businesses, or participants in SBA’s 8(a) Applicants’ Conditions basis of reasonable inquiry. Business Development (BD) Program to 4. Section 17(b) of the Act provides Applicants agree that any order provide the products of small business that the Commission will exempt a granting the requested relief will be manufacturers or processors on such proposed transaction from section 17(a) subject to the following conditions: contracts. if evidence establishes that: (i) The 1. Each sale of Qualified Securities DATES: terms of the transaction are reasonable between the Series will be effected at Comments and source and fair and do not involve the closing price of the Qualified information must be submitted by overreaching; (ii) the transaction is Securities sold on the applicable February 27, 2009. consistent with the policies of each Qualified Exchange on the sale date. ADDRESSES: You may submit comments registered investment company Each sale of Treasuries between the and source information to Edith G. involved; and (iii) the transaction is Series will be effected at the Treasuries’ Butler, Program Analyst, Small Business consistent with the general purposes of offer-side evaluation as determined by Administration, Office of Government the Act. Applicants believe that the an Independent Evaluator as of the Contracting, 409 3rd Street, SW., Suite proposed transactions satisfy the evaluation time on the sale date. Sales 8800, Washington, DC 20416. requirements of sections 6(c) and 17(b). of Qualified Securities and Treasuries FOR FURTHER INFORMATION CONTACT: Ms. 5. Applicants state that the condition will be effected without any brokerage Edith G. Butler, by telephone at (202) that the Qualified Securities must be charges or other remuneration except 619–0422; by FAX at (202) 481–1788; or actively traded on a Qualified Exchange customary transfer fees, if any. by e-mail at [email protected]. protects against overreaching. 2. The nature and conditions of such SUPPLEMENTARY INFORMATION: Section Applicants further state that a sale of transactions will be fully disclosed to 8(a)(17) of the Small Business Act (Act), Qualified Securities by a Selling Series investors of each participating Series. 15 U.S.C. 637(a)(17), and SBA’s

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implementing regulations require that DEPARTMENT OF STATE developing a deeper understanding of recipients of Federal contracts set aside U.S. society and culture. Through these [Public Notice 6525] for small businesses, service-disabled projects, the Visitor Program provides veteran-owned small businesses, or Bureau of Educational and Cultural opportunities for foreign visitors to participants in the SBA’s 8(a) Business Affairs (ECA) Request for Grant participate in intensive thematic Development Program, provide the Proposals: Sports, Cultural, and Youth exchanges in the United States. The product of a small business Visitor Program award recipient must provide overall manufacturer or processor, if the programmatic, logistical, and Announcement Type: New recipient is other than the actual administrative support for each of the Cooperative Agreement. 170 visitors for U.S.-based exchanges of manufacturer or processor of the Funding Opportunity Number: ECA/ product. This requirement is commonly 10–50 days. PE/C/WHA–EAP–09–18. The project will entail working with referred to as the Nonmanufacturer Catalog of Federal Domestic ECA in planning and scheduling all Rule. 13 CFR 121.406(b), 125.15(c). Assistance Number: 00.000. events, including: Section 8(a)(17)(b)(iv) of the Act Key Dates: • Oversight of arrivals and authorizes SBA to waive the Application Deadline: April 2, 2009. departures; Nonmanufacturer Rule for any ‘‘class of Executive Summary: The U.S. • Preparing briefing materials; products’’ for which there are no small Department of State’s Bureau of • Locating and reserving athletic or business manufacturers or processors Educational and Cultural Affairs (ECA) cultural facilities; scheduling meeting available to participate in the Federal seeks an organization to assist the Office rooms; market. of Citizen Exchanges in the • Recruiting and screening of host implementation of several short-term, families for select cultural exchanges In order to be considered available to high-visibility cultural, sports, and participate in the Federal market for a and all youth exchanges; youth exchanges taking place during • Aiding in the recruitment of class of products, a small business calendar year 2009 and 2010. appropriate speakers and/or other sports manufacturer must have submitted a Approximately 170 visitors (96 for or cultural figures; proposal for a contract solicitation or sports, 32–48 for culture, and 30 for • Designing and planning substantive received a contract from the Federal youth) from countries around the world and well-organized activities; government within the last 24 months will participate in approximately 13 • Coordinating escorts and (13 CFR 121.1202(c)). separate exchange initiatives/projects interpreters; The SBA defines ‘‘class of products’’ (eight for sports, three for culture with • Providing adult supervision for based on a six digit coding system. The multiple visitors for each initiative, and minors, including overnight stays when coding system is the Office of two for youth) in the United States students are not with host families; • Management and Budget North designed to promote interaction Arranging all air travel (domestic American Industry Classification between the foreign participants and and, in some cases, international) and System (NAICS). In addition, SBA uses their American peers. local transportation. The program will enable participants Product Service Codes (PSC) to identify I. Funding Opportunity Description to: particular products within the NAICS Overall grant making authority for • Foster understanding and build code to which a waiver would apply. this program is contained in the Mutual relationships with others from different SBA announced its decision to grant Educational and Cultural Exchange Act ethnic, religious, and national groups; the waiver for PSC 3930, in the Federal of 1961, Public Law 87–256, as • Promote mutual understanding Register on September 13, 1990. Federal amended, also known as the Fulbright- between the people of the partner Register 38313 (1990). SBA recently Hays Act. The purpose of the Act is ‘‘to countries and the United States; became aware of the existence of small enable the Government of the United • Learn more about U.S. society and business manufacturers for items within States to increase mutual understanding culture, thereby countering negative this class of product. between the people of the United States stereotypes; and the people of other countries * * *; • Become part of a network of leaders For this reason, SBA intends to to strengthen the ties which unite us who will share their knowledge and terminate the class waiver previously with other nations by demonstrating the skills with their peers and the broader granted for Warehouse Trucks and educational and cultural interests, community. Tractors, Self-Propelled, PSC 3930, developments, and achievements of the Applicant organizations should under NAICS code 333319. people of the United States and other identify their own specific objectives The public is invited to comment to nations * * * and thus to assist in the and measurable outcomes based on SBA on the proposed termination of the development of friendly, sympathetic these program goals and the waiver of the Nonmanufacturer Rule for and peaceful relations between the specifications provided in this this class of product specified. All United States and the other countries of solicitation. comments by the public will be duly the world.’’ The funding authority for Most projects will start and end in considered by SBA in determining the program above is provided through Washington, DC. Other activities will whether to finalize its intent to legislation. take place at other sites in the United terminate this waiver. Purpose: The three overarching goals States. The exchange format will be for the exchange participants and their intensive and interactive, weaving Dated: February 6, 2009. American counterparts are to: (1) together both formal and informal Karen C. Hontz, Develop a broad worldview that sessions to achieve the stated goals and Director for Government Contracting. incorporates diverse perspectives; (2) objectives. Applicants must present a [FR Doc. E9–2981 Filed 2–11–09; 8:45 am] apply their skills toward productive and program plan that allows the positive outlets in their local participants to thoroughly explore the BILLING CODE 8025–01–P communities, and (3) build upon their themes in a creative, memorable, and professional skills and knowledge while practical way. Activities should be

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designed to be replicable and provide about each of the three Cultural Visitor respect for diversity, and practical knowledge and skills that the projects. multiculturalism. The Bureau will participants can apply at home. Staff identify the two participating countries (1) The NEH Summer Workshops on from the selected organization will be in consultation with its U.S. Embassies. Landmarks of American History and expected to be available and/or attend Additional program themes may be Culture all aspects of the visitor programs, when added after these consultations; appropriate and in coordination with ECA will sponsor 12–18 foreign therefore, the award recipient will need ECA. participants who will attend one-week to demonstrate some flexibility and an The proposal must demonstrate how workshops coordinated by the NEH, ability to be innovative in its program these activities/objectives will be met. focusing on historical events and planning. cultural themes in American history. The proposal narrative should also II. Award Information provide detailed information on major The participants will also attend a program activities, and applicants week-long orientation in Washington, Type of Award: Cooperative should explain and justify their DC, prior to the workshop. Agreement. programmatic choices. Programs must Fiscal Year Funds: 2009. (2) Picturing America Program Approximate Total Funding: comply with J–1 visa regulations. Please Workshop With the NEH refer to the complete Solicitation $1,130,000 ($600,000 for Sports ECA will sponsor 10–20 foreign Package—this RFGP, the Project Programs, $380,000 for Cultural participants who will attend a one-week Objectives, Goals, and Implementation Programs, $150,000 for Youth seminar developed by the NEH and held (POGI), and the Proposal Submission Programs). in conjunction with a U.S. cultural Approximate Number of Awards: Instructions (PSI)—for further institution with an extensive American One. information. art collection. Approximate Average Award: Sports Visitor Program $1,130,000. (3) Individually Designed Cultural Anticipated Award Date: June 1, 2009, The Sports Visitor Program will Visitor Programs pending availability of funds. consist of eight projects with ECA will sponsor approximately 10 Anticipated Project Completion Date: approximately 96 participants. Program visitors for individually designed U.S. September 30, 2010. participants will be selected from all programs focused on the visual arts, Additional Information: Pending world regions and will focus on a range dance, music, drama, film, literature successful implementation of this of sports from basketball to volleyball. and other artistic and humanistic program and the availability of funds in The Sports Visitors will be either high genres. This program will not include subsequent fiscal years, it is ECA’s school athletes between the ages of 15 the involvement of the NEH; however, intent to renew this cooperative and 18, or adult coaches who will the visitors will meet with agreement for two additional fiscal benefit both from personal interaction representatives from a variety of cultural years, before openly competing it again. with U.S. professional athletes and institutions. The responsibilities of ECA regarding coaches, and from traveling to the The award recipient will work closely this cooperative agreement are as United States to take part in an with the Cultural Programs Division follows: introduction to U.S. training staff, who will guide them through (1) Participation in the design and approaches, sports management programmatic, procedural, and direction of program activities; techniques, or community-based sports budgetary issues for the full range of (2) Approval and input on program programs. The majority of the Sports Cultural Visitor programs. Programs timelines and agendas; Visitors will be non-English language must contain substantive educational (3) Guidance in execution of all speakers with little prior experience in sessions or meetings that focus on program components; the United States. The final mix of program objectives presented by (4) Review and approval of all countries and sports will be determined experts. Orientation sessions, meetings, program publicity and recruitment after discussions between ECA and our site visits, and other program activities materials; Embassies, as well as input from the should promote dialogue between (5) Approval of decisions related to relevant U.S. Sports Federations and participants and their U.S. professional special circumstances or problems their foreign counterparts. counterparts. All of the cultural throughout duration of program; (6) Management of all SEVIS-related Cultural Visitor Program programs may also include a home stay or community visit following the issues; The Cultural Visitor program consists conclusion of a workshop or (7) Assistance with participant of the following, three separate projects independent program. The Cultural emergencies; for visitors from multiple regions of the Programs Division will identify all (8) Liaison with relevant U.S. world to come to the United States and participants for the three programs in Embassies and country desk officers at further their professional development: consultation with U.S. Embassies and the State Department. (1) The National Endowment for the Consulates overseas. Participants for all III. Eligibility Information Humanities (NEH) Summer Workshops three programs will include foreign on Landmarks of American History and educators, social influencers and arts III.1. Eligible Applicants Culture; (2) The NEH Picturing America managers. Applications may be submitted by Program Workshops; and (3) public and private non-profit Youth Visitor Program: Embassy Individually designed independent organizations meeting the provisions Initiatives programs in the U.S. related to the described in Internal Revenue Code cultural visitor’s specific professional The two Youth Visitor Programs will section 26 U.S.C. 501(c)(3). needs and interests. Below is a summary enable two groups of 14 to 16 secondary of each of the three cultural projects. school students and teachers each to III.2. Cost Sharing or Matching Funds Please see the POGI associated with this travel to the United States to take part There is no minimum or maximum RFGP for more specific information in activities focused on leadership, percentage required for this

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competition. However, the Bureau (d.) Technical Eligibility: In addition Number: ECA/PE/C/WHA–EAP–09–18 encourages applicants to provide to the requirements outlined in the located at the top of this announcement maximum levels of cost sharing and Proposal Submission Instructions (PSI) on all other inquiries and funding in support of its programs. technical format and instructions correspondence. When cost sharing is offered, it is document, all proposals must comply understood and agreed that the with the following or they will result in IV.2. To Download a Solicitation applicant must provide the amount of your proposal being declared Package Via Internet cost sharing as stipulated in its proposal technically ineligible and given no The entire Solicitation Package may and later included in an approved further consideration in the review be downloaded from the Bureau’s Web agreement. Cost sharing may be in the process. site at http://exchanges.state.gov/ form of allowable direct or indirect The Office does not support proposals education/rfgps/menu.htm, or from the costs. For accountability, you must limited to conferences or seminars (i.e., Grants.gov Web site at http:// maintain written records to support all one- to fourteen-day programs with www.grants.gov. Please read all costs which are claimed as your plenary sessions, main speakers, panels, information before downloading. contribution, as well as costs to be paid and a passive audience). It will support by the Federal government. Such conferences only when they are a small IV.3. Content and Form of Submission records are subject to audit. The basis part of a larger project in duration that Applicants must follow all for determining the value of cash and is receiving Bureau funding from this instructions in the Solicitation Package. in-kind contributions must be in competition. The application should be submitted accordance with OMB Circular A–110, No funding is available exclusively to per the instructions under IV.3f. (Revised), Subpart C.23—Cost Sharing send U.S. citizens to conferences or ‘‘Application Deadline and Methods of and Matching. In the event you do not conference-type seminars overseas; nor Submission’’ section below. provide the minimum amount of cost is funding available for bringing foreign IV.3a. You are required to have a Dun sharing as stipulated in the approved nationals to conferences or to routine and Bradstreet Data Universal budget, ECA’s contribution will be professional association meetings in the Numbering System (DUNS) number to reduced in like proportion. United States. apply for a grant or cooperative The Office of Citizen Exchanges does III.3. Other Eligibility Requirements agreement from the U.S. Government. not support academic research or This number is a nine-digit (a.) Bureau grant guidelines require faculty or student fellowships. identification number, which uniquely that organizations with less than four identifies business entities. Obtaining a years experience in conducting IV. Application and Submission DUNS number is easy and there is no international exchanges be limited to Information charge. To obtain a DUNS number, $60,000 in Bureau funding. ECA Note: Please read the complete access http:// anticipates making awards in amounts announcement before sending inquiries or www.dunandbradstreet.com or call 1– exceeding $60,000 to support program submitting proposals. Once the RFGP 866–705–5711. Please ensure that your and administrative costs required to deadline has passed, Bureau staff may not DUNS number is included in the implement these exchange programs. discuss this competition with applicants appropriate box of the SF–424 which is Therefore, organizations with less than until the proposal review process has been four years experience in conducting completed. part of the formal application package. international exchanges are ineligible to IV.3b. All proposals must contain an apply under this competition. The IV.1. Contact Information To Request an executive summary, proposal narrative Bureau encourages applicants to Application Package and budget. provide maximum levels of cost sharing Please contact the Office of Citizen Please Refer to the Solicitation and funding in support of its programs. Exchanges, ECA/PE/C, Room 224, U.S. Package. It contains the mandatory (b.) Award recipients must have a Department of State, SA–44, 301 4th Proposal Submission Instructions (PSI) Washington, DC presence. Applicants Street, SW., Washington, DC 20547, document and the Project Objectives, who do not currently have a telephone number: 202–453–8165, fax Goals and Implementation (POGI) Washington, DC presence must include number: 202–452–8169 or e-mail: document for additional formatting and a detailed plan in their proposal for [email protected] to request a technical requirements. establishing such a presence by May 1, Solicitation Package. Please refer to the IV.3c. You must have nonprofit status 2009. The costs related to establishing Funding Opportunity Number: ECA/PE/ with the IRS at the time of application. such a presence must be borne by the C/WHA–EAP–09–18 when making your Please note: Effective January 7, 2009, award recipient. No such costs may be request. all applicants for ECA federal assistance included in the budget submission in Alternatively, an electronic awards must include in their this proposal. The award recipient must application package may be obtained application the names of directors and/ have e-mail capability, access to Internet from grants.gov. Please see section IV.3.f or senior executives (current officers, resources, and the ability to exchange for further information. trustees, and key employees, regardless data electronically with all partners The Solicitation Package contains the of amount of compensation). In involved in the Sports, Cultural and Proposal Submission Instruction (PSI) fulfilling this requirement, applicants Youth Visitor Program. document which consists of required must submit information in one of the (c.) Proposals must demonstrate that application forms, and standard following ways: an applicant has an established resource guidelines for proposal preparation. It (1) Those who file Internal Revenue base of programming contacts and the also contains the Project Objectives, Service Form 990, ‘‘Return of ability to keep this resource base Goals and Implementation (POGI) Organization Exempt From Income continuously updated. This resource document, which provides specific Tax,’’ must include a copy of relevant base should include speakers, thematic information, award criteria and budget portions of this form. specialists, or practitioners in a wide instructions tailored to this competition. (2) Those who do not file IRS Form range of professional fields in both the Please specify Raymond H. Harvey 990 must submit information above in private and public sectors. and refer to the Funding Opportunity the format of their choice.

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In addition to final program reporting writing that the applicant is prepared to IV.3d.3. Program Monitoring and requirements, award recipients will also assist the Bureau in meeting all Evaluation: Proposals must include a be required to submit a one-page requirements governing the plan to monitor and evaluate the document, derived from their program administration of Exchange Visitor project’s success, both as the activities reports, listing and describing their Programs as set forth in 22 CFR 62. If unfold and at the end of the program. grant activities. For award recipients, your organization has experience as a The Bureau recommends that your the names of directors and/or senior designated Exchange Visitor Program proposal include a draft survey executives (current officers, trustees, Sponsor, the applicant should discuss questionnaire or other technique plus a and key employees), as well as the one- their record of compliance with 22 CFR description of a methodology to use to page description of grant activities, will 62 et seq., including the oversight of link outcomes to original project be transmitted by the State Department their Responsible Officers and Alternate objectives. The Bureau expects that the to OMB, along with other information Responsible Officers, screening and recipient organization will track required by the Federal Funding selection of program participants, participants or partners and be able to Accountability and Transparency Act provision of pre-arrival information and respond to key evaluation questions, (FFATA), and will be made available to orientation to participants, monitoring including satisfaction with the program, the public by the Office of Management of participants, proper maintenance and learning as a result of the program, and Budget on its USASpending.gov security of forms, record-keeping, changes in behavior as a result of the Web site as part of ECA’s FFATA reporting and other requirements. program, and effects of the program on reporting requirements. The Office of Citizen Exchanges of institutions (institutions in which If your organization is a private ECA will be responsible for issuing DS– participants work or partner nonprofit that has not received a grant 2019 forms to participants in this institutions). The evaluation plan or cooperative agreement from ECA in program. A copy of the complete should include indicators that measure the past three years, or if your regulations governing the gains in mutual understanding as well organization received nonprofit status administration of Exchange Visitor (J) as substantive knowledge. from the IRS within the past four years, programs is available at http:// Successful monitoring and evaluation you must submit the necessary exchanges.state.gov or from: United depend heavily on setting clear goals documentation to verify nonprofit status States Department of State, Office of and outcomes at the outset of a program. as directed in the PSI document. Failure Exchange Coordination and Your evaluation plan should include a description of your project’s objectives, to do so will cause your proposal to be Designation, ECA/EC/ECD—SA–44, declared technically ineligible. your anticipated project outcomes, and Room 734, 301 4th Street, SW., IV.3d. Please take into consideration how and when you intend to measure Washington, DC 20547, Telephone: the following information when these outcomes (performance (202) 203–5029, FAX: (202) 453–8640. preparing your proposal narrative: indicators). The more that outcomes are IV.3d.1 Adherence to All Regulations IV.3d.2 Diversity, Freedom and ‘‘smart’’ (specific, measurable, Governing The J Visa: The Office of Democracy Guidelines: Pursuant to the attainable, results-oriented, and placed Citizen Exchanges of the Bureau of Bureau’s authorizing legislation, in a reasonable time frame), the easier Educational and Cultural Affairs is the programs must maintain a non-political it will be to conduct the evaluation. You official program sponsor of the exchange character and should be balanced and should also show how your project program covered by this RFGP, and an representative of the diversity of objectives link to the goals of the employee of the Bureau will be the American political, social, and cultural program described in this RFGP. ‘‘Responsible Officer’’ for the program life. ‘‘Diversity’’ should be interpreted Your monitoring and evaluation plan under the terms of 22 CFR 62, which in the broadest sense and encompass should clearly distinguish between covers the administration of the differences including, but not limited to program outputs and outcomes. Outputs Exchange Visitor Program (J visa ethnicity, race, gender, religion, are products and services delivered, program). Under the terms of 22 CFR 62, geographic location, socio-economic often stated as an amount. Output organizations receiving awards (either a status, and disabilities. Applicants are information is important to show the grant or cooperative agreement) under strongly encouraged to adhere to the scope or size of project activities, but it this RFGP will be third parties advancement of this principle both in cannot substitute for information about ‘‘cooperating with or assisting the program administration and in program progress towards outcomes or the sponsor in the conduct of the sponsor’s content. Please refer to the review results achieved. Examples of outputs program.’’ The actions of recipient criteria under the ‘Support for Diversity’ include the number of people trained or organizations shall be ‘‘imputed to the section for specific suggestions on the number of seminars conducted. sponsor in evaluating the sponsor’s incorporating diversity into your Outcomes, in contrast, represent compliance with’’ 22 CFR 62. Therefore, proposal. Public Law 104–319 provides specific results a project is intended to the Bureau expects that any that ‘‘in carrying out programs of achieve and is usually measured as an organization receiving an award under educational and cultural exchange in extent of change. Findings on outputs this competition will render all countries whose people do not fully and outcomes should both be reported, assistance necessary to enable the enjoy freedom and democracy,’’ the but the focus should be on outcomes. Bureau to fully comply with 22 CFR 62 Bureau ‘‘shall take appropriate steps to We encourage you to assess the et seq. provide opportunities for participation following four levels of outcomes, as The Bureau of Educational and in such programs to human rights and they relate to the program goals set out Cultural Affairs places critically democracy leaders of such countries.’’ in the RFGP (listed here in increasing important emphases on the secure and Public Law 106–113 requires that the order of importance): proper administration of Exchange governments of the countries described 1. Participant satisfaction, with the Visitor (J visa) Programs and adherence above do not have inappropriate program and exchange experience. by recipient organizations and program influence in the selection process. 2. Participant learning, such as participants to all regulations governing Proposals should reflect advancement of increased knowledge, aptitude, skills, the J visa program status. Therefore, these goals in their program contents, to and changed understanding and proposals should explicitly state in the full extent deemed feasible. attitude. Learning includes both

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substantive (subject-specific) learning IV.3e.2. Allowable costs for the person for this competition. Faxed and mutual understanding. program include the following: documents will not be accepted at any 3. Participant behavior, concrete 1. Educational materials; time. Only proposals submitted as actions to apply knowledge in work or 2. Participant travel (domestic, local, stated above will be considered. community; greater participation and and in some cases, international, Important note: When preparing your responsibility in civic organizations; transportation); submission please make sure to include one interpretation and explanation of 3. Orientations; extra copy of the completed SF–424 form and experiences and new knowledge gained; 4. Cultural and social activities; place it in an envelope addressed to ‘‘ECA/ continued contacts between 5. Meeting costs; EX/PM’’. 6. Food and lodging, when not in participants, community members, and The original and ten copies of the home stay; others. application should be sent to: U.S. 4. Institutional changes, such as 7. Interpreters and translation, when Department of State, SA–44, Bureau of increased collaboration and necessary; Educational and Cultural Affairs, Ref.: partnerships, policy reforms, new 8. Follow-on activities; programming, and organizational 9. Evaluation; ECA/PE/C/WHA–EAP–09–18, Program improvements. 10. Stipends or allowances; Management, ECA/EX/PM, Room 534, 11. Other justifiable expenses directly 301 4th Street, SW., Washington, DC Please note: Consideration should be given related to supporting program activities. 20547. to the appropriate timing of data collection Applicants submitting hard-copy for each level of outcome. For example, Please refer to the Solicitation satisfaction is usually captured as a short- Package for complete budget guidelines applications must also submit the term outcome, whereas behavior and and formatting instructions. ‘‘Executive Summary’’ and ‘‘Proposal institutional changes are normally IV.3f. Application Deadline and Narrative’’ sections of the proposal in considered longer-term outcomes. Methods of Submission: text (.txt) or Microsoft Word/Excel Overall, the quality of your Application Deadline Date: April 2, format on a PC-formatted disk. monitoring and evaluation plan will be 2009. IV.3f.2 Submitting Electronic judged on how well it (1) specifies Reference Number: ECA/PE/C/WHA– Applications: intended outcomes; (2) gives clear EAP–09–18. Applicants have the option of descriptions of how each outcome will Methods of Submission: submitting proposals electronically be measured; (3) identifies when Applications may be submitted in one through Grants.gov (http:// particular outcomes will be measured; of two ways: www.grants.gov). Complete solicitation and (4) provides a clear description of (1.) In hard-copy, via a nationally packages are available at Grants.gov in the data collection strategies for each recognized overnight delivery service the ‘‘Find’’ portion of the system. Please outcome (i.e., surveys, interviews, or (i.e., DHL, Federal Express, UPS, follow the instructions available in the focus groups). (Please note that Airborne Express, or U.S. Postal Service ‘Get Started’ portion of the site (http:// evaluation plans that deal only with the Express Overnight Mail, etc.), or www.grants.gov/GetStarted). first level of outcomes [satisfaction] will (2.) Electronically through http:// Several of the steps in the Grants.gov be deemed less competitive under the www.grants.gov. registration process could take several present evaluation criteria.) Along with the Project Title, all weeks. Therefore, applicants should Recipient organizations will be applicants must enter the above check with appropriate staff within their required to provide reports analyzing Reference Number in Box 11 on the SF– organizations immediately after their evaluation findings to the Bureau 424 contained in the mandatory reviewing this RFGP to confirm or in their regular program reports. All Proposal Submission Instructions (PSI) determine their registration status with data collected, including survey of the solicitation document. Grants.gov. responses and contact information, must IV.3f.1 Submitting Printed Once registered, the amount of time it be maintained for a minimum of three Applications: can take to upload an application will years and provided to the Bureau upon Applications must be shipped no later vary depending on a variety of factors request. than the above deadline. Delivery including the size of the application and IV.3d.4. For information on the services used by applicants must have the speed of your internet connection. Bureau’s policies regarding alumni in-place, centralized shipping In addition, validation of an electronic outreach and engagement, as well as identification and tracking systems that submission via Grants.gov can take up guidance on the proper may be accessed via the Internet and to two business days. acknowledgement of ECA sponsorship delivery people who are identifiable by Therefore, we strongly recommend of this program, please refer to the commonly recognized uniforms and that you not wait until the application enclosed PSI. delivery vehicles. Proposals shipped on deadline to begin the submission IV.3e. Please take the following or before the above deadline but process through Grants.gov. information into consideration when received at ECA more than seven days The Grants.gov Web site includes preparing your budget: after the deadline will be ineligible for extensive information on all phases/ IV.3e.1. Applicants must submit SF– further consideration under this aspects of the Grants.gov process, 424A—‘‘Budget Information—Non- competition. Proposals shipped after the including an extensive section on Construction Programs’’ along with a established deadlines are ineligible for frequently asked questions, located comprehensive budget for the entire consideration under this competition. under the ‘‘For Applicants’’ section of program. The award request may not ECA will not notify you upon receipt of the Web site. ECA strongly recommends exceed $1,230,000. There must be a application. It is each applicant’s that all potential applicants review summary budget as well as breakdowns responsibility to ensure that each thoroughly the Grants.gov Web site, reflecting both administrative and package is marked with a legible well in advance of submitting a program budgets. Applicants may tracking number and to monitor/confirm proposal through the Grants.gov system. provide separate sub-budgets for each delivery to ECA via the Internet. ECA bears no responsibility for data program component, phase, location, or Delivery of proposal packages may not errors resulting from transmission or activity to provide clarification. be made via local courier service or in conversion processes.

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Direct all questions regarding awards cooperative agreements resides possible. All other items should be Grants.gov registration and submission with the Bureau’s Grants Officer. necessary and appropriate. to: Grants.gov Customer Support, Review Criteria VI. Award Administration Information Contact Center Phone: 800–518–4726. Business Hours: Monday–Friday, 7 Technically eligible applications will VI.1a. Award Notices a.m.–9 p.m. Eastern Time. be competitively reviewed according to E-mail: [email protected]. the criteria stated below. These criteria Final awards cannot be made until Applicants have until midnight (12 are not rank ordered and all carry equal funds have been appropriated by a.m.), Washington, DC time of the weight in the proposal evaluation: Congress, allocated and committed closing date to ensure that their entire 1. Program Planning: Detailed agenda through internal Bureau procedures. application has been uploaded to the and relevant work plan should Successful applicants will receive a Grants.gov site. There are no exceptions demonstrate substantive undertakings Federal Assistance Award (FAA) from to the above deadline. Applications and logistical capacity. Agenda and plan the Bureau’s Grants Office. The FAA uploaded to the site after midnight of should adhere to the program overview and the original proposal with the application deadline date will be and guidelines described above. subsequent modifications (if applicable) automatically rejected by the grants.gov Program schedules should reflect shall be the only binding authorizing system, and will be technically innovative and relevant itineraries, and document between the recipient and the ineligible. creative and dynamic meetings and site U.S. Government. The FAA will be Please refer to the Grants.gov Web visits. signed by an authorized Grants Officer, and mailed to the recipient’s site, for definitions of various 2. Ability to Achieve Program responsible officer identified in the ‘‘application statuses’’ and the Objectives: Objectives should be application. difference between a submission receipt reasonable, feasible, and flexible. Your and a submission validation. Applicants proposal should clearly demonstrate Unsuccessful applicants will receive will receive a validation e-mail from how your organization will meet the notification of the results of the grants.gov upon the successful program’s objectives and plan. application review from the ECA submission of an application. Again, 3. Multiplier Effect/Impact: The program office coordinating this validation of an electronic submission proposed program should strengthen competition. via Grants.gov can take up to two long-term mutual understanding, VI.1b. The following additional business days. Therefore, we strongly including maximum sharing of requirements apply to this project: A recommend that you not wait until the information and establishment of long- critical component of current U.S. application deadline to begin the term institutional and individual government Iran policy is the support submission process through Grants.gov. linkages. for indigenous Iranian voices. The State ECA will not notify you upon receipt of 4. Support of Diversity: Your proposal Department has made the awarding of electronic applications. should demonstrate your organization’s grants for this purpose a key component It is the responsibility of all commitment to promoting awareness of its Iran policy. As a condition of applicants submitting proposals via the and understanding of diversity. licensing these activities, the Office of Grants.gov Web portal to ensure that 5. Project Evaluation: Your proposal Foreign Assets Control (OFAC) has proposals have been received by should include a plan to evaluate the requested the Department of State to Grants.gov in their entirety, and ECA activity’s success, both as the activities follow certain procedures to effectuate bears no responsibility for data errors unfold and at the end of the program. the goals of Sections 481(b), 531(a), 571, resulting from transmission or The Bureau recommends that the 582, and 635(b) of the Foreign conversion processes. proposal include a draft survey Assistance Act of 1961 (as amended); 18 IV.3g. Intergovernmental Review of questionnaire or other technique, plus a U.S.C. 2339A and 2339B; Executive Applications: Executive Order 12372 description of a methodology to use to Order 13224; and Homeland Security does not apply to this program. link outcomes to original project Presidential Directive 6. These licensing conditions mandate that the Department V. Application Review Information objectives. 6. Institution’s Record/Ability/ conduct a vetting of potential Iran V.1. Review Process Institutional Capacity: Your proposal grantees and sub-grantees for counter- The Bureau will review all proposals should demonstrate an institutional terrorism purposes. To conduct this for technical eligibility. Proposals will record of successful international vetting the Department will collect be deemed ineligible if they do not fully exchange programs, including information from grantees and sub- adhere to the guidelines stated herein responsible fiscal management and full grantees regarding the identity and and in the Solicitation Package. All compliance with all reporting background of their key employees and eligible proposals will be reviewed by requirements for past Bureau grants as Boards of Directors. the program office, as well as the Public determined by the Bureau’s Grants Note: To assure that planning for the Diplomacy section overseas, where Office. The Bureau will consider the inclusion of Iran complies with appropriate. Eligible proposals will be past performance of prior recipients and requirements, please contact Raymond H. subject to compliance with Federal and the demonstrated potential of new Harvey, telephone number 202–453–8163, e- Bureau regulations and guidelines and applicants. Proposed personnel and mail [email protected] for additional information. forwarded to Bureau grant panels for institutional resources should be advisory review. Proposals may also be adequate and appropriate to achieve the All awards made under this reviewed by the Office of the Legal program or project goals. competition must be executed according Adviser or by other Department 7. Cost-effectiveness: The applicant to all relevant U.S. laws and policies elements. Final funding decisions are at should demonstrate efficient use of regarding assistance to the Palestinian the discretion of the Department of Bureau funds. The overhead and Authority, and to the West Bank and State’s Assistant Secretary for administrative components of the Gaza. Organizations must consult with Educational and Cultural Affairs. Final proposal, including salaries and relevant Public Affairs Offices before technical authority for assistance honoraria, should be kept as low as entering into any formal arrangements

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or agreements with Palestinian budget for programs to be undertaken in Dated: February 4, 2009. organizations or institutions. the next quarter. A SF–PPR, C. Miller Crouch, Note: To assure that planning for the ‘‘Performance Progress Report’’ Cover Acting Assistant Secretary for Educational inclusion of the Palestinian Authority Sheet is required with all program and Cultural Affairs, Department of State. complies with requirements, please contact: reports. [FR Doc. E9–3059 Filed 2–11–09; 8:45 am] Raymond H. Harvey, telephone number 202– Award recipients will be required to BILLING CODE 4710–05–P 453–8163, e-mail [email protected]. provide reports analyzing their evaluation findings to the Bureau in VI.2. Administrative and National DEPARTMENT OF TRANSPORTATION Policy Requirements their regular program reports. (Please refer to IV. Application and Submission Office of the Secretary Terms and Conditions for the Instructions (IV.3.d.3) above for Program Administration of ECA agreements Monitoring and Evaluation [Docket Number: OST–95–950] include the following: information.) Office of Management and Budget Notice of Request for Extension of a Circular A–122, ‘‘Cost Principles for All data collected, including survey Previously Approved Collection Nonprofit Organizations.’’ responses and contact information, must Office of Management and Budget be maintained for a minimum of three AGENCY: Office of the Secretary, DOT. Circular A–21, ‘‘Cost Principles for years and provided to the Bureau upon ACTION: Notice. Educational Institutions.’’ request. SUMMARY: In compliance with the OMB Circular A–87, ‘‘Cost Principles All reports must be sent to the ECA for State, Local and Indian Paperwork Reduction Act of 1995, Grants Officer and ECA Program Officer Governments’’. Public Law 104–13, (44 U.S.C. 3501 et OMB Circular No. A–110 (Revised), listed in the final assistance award seq.) this notice announces that the Uniform Administrative Requirements document. Information Collection Request, for Grants and Agreements with VII. Agency Contacts abstracted below, is being forwarded to Institutions of Higher Education, the Office of Management and Budget Hospitals, and other Nonprofit For questions about this for renewal and comment. The ICR Organizations. announcement, contact: Raymond H. describes the nature of the information OMB Circular No. A–102, Uniform Harvey, Office of Citizen Exchanges, collection and its expected cost burden. Administrative Requirements for ECA/PE/C, Room 224, ECA/PE/C/WHA– The Federal Register Notice with a sixty Grants-in-Aid to State and Local EAP–09–18, U.S. Department of State, day comment period soliciting Governments. SA–44, 301 4th Street, SW., comments on the following collection of OMB Circular No. A–133, Audits of Washington, DC 20547, telephone information was published on October States, Local Government, and Non- number: 202–453–8163, fax number: 31, 2008 [FR Vol. 73, pages 65001– profit Organizations. 202–453–8169, e-mail 65002]. No comments were received. Please reference the following Web [email protected]. DATES: Written comments on this notice sites for additional information: should be received on or before March http://www.whitehouse.gov/omb/ All correspondence with the Bureau concerning this RFGP should reference 16, 2009 and submitted to the attention grants. of the DOT/OST Desk Officer, Office of the above title and number: ECA/PE/C/ http://fa.statebuy.state.gov. Information and Regulatory Affairs, WHA–EAP–09–18. VI.3. Reporting Requirements Office of Management and Budget, Please read the complete Docket Library, Room 10102, 725 17th You must provide ECA with a hard announcement before sending inquiries Street, NW., Washington, DC 20503 copy original plus two copies of the or submitting proposals. Once the RFGP with the associated OMB Approval following reports: deadline has passed, Bureau staff may (1.) A final program and financial Number 2105–0534 and Dockets OST– not discuss this competition with report no more than 90 days after the 95–950. expiration of the award; applicants until the proposal review FOR FURTHER INFORMATION CONTACT: (2.) Concise, one-page final program process has been completed. Aleta Best, Office of the Assistant report summarizing program outcomes VIII. Other Information Secretary for Aviation and International no more than 90 days after the Affairs, Office of the Secretary, U.S. expiration of the award. This one-page Notice Department of Transportation, 1200 report will be transmitted to OMB, and New Jersey Avenue, SE., Washington, The terms and conditions published be made available to the public via DC 20590, (202) 493–0797. in this RFGP are binding and may not OMB’s USAspending.gov Web site—as SUPPLEMENTARY INFORMATION: part of ECA’s Federal Funding be modified by any Bureau Title: Passenger Manifest Information. Accountability and Transparency Act representative. Explanatory information OMB Control Number: 2105–0534. (FFATA) reporting requirements. provided by the Bureau that contradicts Expiration Date: March 31, 2009. A SF–PPR, ‘‘Performance Progress published language will not be binding. Type of Review: Renewal and Report’’ Cover: Issuance of the RFGP does not approval for a previously approved (3.) Quarterly program and financial constitute an award commitment on the collection. reports are required that provide concise part of the government. The Bureau Respondents: All U.S. air carriers, information on all programs completed reserves the right to reduce, revise, or foreign air carriers, computer that quarter as well as a description of increase proposal budgets in accordance reservations systems (CRSs), and travel planning undertaken for programs with the needs of the program and the agents doing business in the United taking place in the following quarter. availability of funds. Awards made will States, and the traveling public. Financial reports should describe be subject to periodic reporting and Number of Respondents: 16,000, funding allocated to each program evaluation requirements per section VI.3 excluding travelers. completed as well as an estimated above. Number of Responses: 31,000,000.

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Total Annual Burden: 518,000 hours. DATES: The public session will take and other technical and environmental Abstract: Public Law 101–604 place on Sunday, March 1, 2009. The challenges that need to be addressed in (entitled the Aviation Security panel discussion is from 10 a.m. to 12 developing a new supersonic airplane. Improvement Act of 1990, or ‘‘ASIA noon in Palm Springs, CA. More information about the 90,’’ and later codified as 49 U.S.C. ADDRESSES: The symposium is University of California Symposium can 44909) requires that certificated air sponsored by the University of be found at: http:// carriers and large foreign air carriers California Davis Air Quality Research www.cevs.ucdavis.edu/Cofred/Public/ collect the full name of each U.S. citizen Center and it will be held at the Hilton Aca/ConfHome.cfm?confid=392. traveling on flight segments to or from Palm Springs Hotel, 400 East Tahquitz Issued in Washington, DC, on February 6, the United States and solicit a contact Canyon Way, Palm Springs, CA. 2009. name and telephone number. In case of Attendance is open to all interested Carl E. Burleson, an aviation disaster, airlines would be parties, and there are no fees to attend Director of Environment and Energy. required to provide the information to this session. [FR Doc. E9–2997 Filed 2–11–09; 8:45 am] the Department of State and, in certain FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910–13–P circumstances, to the National Laurette Fisher, Office of Environment Transportation Safety Board. Each and Energy (AEE–100), Federal Aviation carrier would develop its own collection Administration, 800 Independence DEPARTMENT OF TRANSPORTATION system. The Passenger Manifest Avenue, SW., Washington, DC 20591; Information, Final Rule (14 CFR 243) facsimile (202) 267–5594, telephone Federal Aviation Administration was published in the Federal Register, (202) 267–3561. Vol. 63, No. 32 (February 18, 1998). The RTCA Special Committee 147 Sixty Background: Since March 1973, Eighth Plenary: Minimum Operational rule was effective March 20, 1998. supersonic flight over land by civil Comments are invited on: (a) Whether Performance Standards for Traffic aircraft has been prohibited in the this collection of information (third Alert and Collision Avoidance Systems United States. The Concorde was the party notification) is necessary for the Airborne Equipment only civil supersonic airplane that proper performance of the agency, offered service to the United States, but AGENCY: Federal Aviation including whether the information will that airplane is no longer in service. Administration (FAA), DOT. have practical utility; (b) the accuracy of The interest in supersonic aircraft ACTION: Notice of RTCA Special the agency’s estimate of burden of the technology has not disappeared. Current Committee 147 meeting. proposed collection of information; (c) research is dedicated toward reducing ways to enhance the quality, utility, and the impact of sonic booms as they reach SUMMARY: The FAA is issuing this notice clarity of the information collected; and the ground, in an effort to make to advise the public of a meeting of (d) ways to minimize the burden of the overland flight acceptable. Recent RTCA Special Committee 147: collection of information on the research has produced promising results Minimum Operational Performance respondents, including through the use for low boom intensity, and has Standards for Traffic Alert and Collision of automated techniques or other forms renewed interest in developing Avoidance Systems Airborne of information technology. supersonic civil aircraft that could be Equipment. All responses to this notice will be considered environmentally acceptable DATES: The meeting will be held March summarized and included in the request for supersonic flight over land. 12, 2009 from 9 a.m.–5 p.m. for OMB approval. All comments will The FAA led its first panel discussion also become a matter of public record. ADDRESSES: The meeting will be held at entitled, ‘‘State of the Art of Supersonics RTCA, Inc. 1828 L Street, Suite 805, Todd M. Homan, Aircraft Technology—What has Washington, DC 20036. Director, Office of Aviation Analysis. progressed in science since 1973,’’ in FOR FURTHER INFORMATION CONTACT: [FR Doc. E9–3067 Filed 2–11–09; 8:45 am] Chicago, IL on Friday, October 24, 2008, RTCA Secretariat, 1828 L Street, NW., BILLING CODE 4910–9X–P as part of the O’Hare Noise Suite 805, Washington, DC 20036; Compatibility Commission Symposium. telephone (202) 833–9339; fax (202) The FAA’s second presentation and 833–9434; Web site http://www.rtca.org. DEPARTMENT OF TRANSPORTATION panel discussion will take place on SUPPLEMENTARY INFORMATION: Pursuant Sunday, March 1, 2009, as part of the to section 10(a)(2) of the Federal Federal Aviation Administration Annual University of California Advisory Committee Act (Pub. L. 92– Symposium on Aviation Noise and Air 463, 5 U.S.C., Appendix 2), notice is Civil Supersonic Aircraft Panel Quality. It will be held at the Hilton Discussion hereby given for a Special Committee Palm Springs Hotel, 400 East Tahquitz 147 meeting and Working Group 75. AGENCY: Federal Aviation Canyon Way, Palm Springs, California. The agenda will include: Administration (FAA), DOT. The purpose of this panel session is March 12: ACTION: Notice of meeting participation. to raise public awareness on advances • Opening Plenary Session: (Welcome in supersonic technology, and for the and Introductory Remarks, Review/ SUMMARY: This notice advises interested FAA, the National Aeronautics and Approval if minutes from 67th SC–147 persons that the FAA is participating in Space Administration (NASA), and meeting, Review Agenda). a panel session on civil supersonic industry to get feedback from interested • Surveillance Working Group: aircraft research. The session will persons. Request to consider/approve for final include presentations on current Public involvement is essential in any review and comment (FRAC) Change 1 research programs and a question and future definition of an acceptable new to DO–300. answer session for attendees. The FAA standard that would allow supersonic • Requirements Working Group: is seeking to raise public awareness of flights over land. We anticipate that this Request to consider/approve for FRAC the continuing technological advances will be the second of many meetings Change 1 to DO–185B. in supersonic aircraft technology aimed informing the public on developments • EUROCAE WG–75: Status of at reducing the intensity of sonic boom. in the research of shaped sonic booms current activities.

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• TCAS Program Office: TCAS • Mail: Docket Management Facility; allow the Agency to renew exemptions Monitoring efforts. U.S. Department of Transportation, 1200 at the end of the 2-year period. The 37 • DO–218 Current status and planned New Jersey Avenue, SE., West Building individuals listed in this notice have deliverables. Ground Floor, Room W12–140, recently requested an exemption from • AVS status on TSO–C119c Washington, DC 20590–0001. the diabetes prohibition in 49 CFR publication. • Hand Delivery: West Building 391.41(b)(3), which applies to drivers of • Certification Authorities (US and Ground Floor, Room W12–140, 1200 CMVs in interstate commerce. European) plans for Change 7.1 New Jersey Avenue, SE., Washington, Accordingly, the Agency will evaluate equipage. • DC, between 9 a.m. and 5 p.m., Monday the qualifications of each applicant to Closing Session (Other/New through Friday, except Federal holidays. determine whether granting the Business, Future Actions/Activities, • Fax: 1–202–493–2251. exemption will achieve the required Date and Place of Next Meeting, Each submission must include the level of safety mandated by the statutes. Adjourn). Agency name and the docket ID for this Attendance is open to the interested Notice. Note that DOT posts all Qualifications of Applicants public but limited to space availability. comments received without change to Michael D. Akers With the approval of the chairmen, http://www.regulations.gov, including Mr. Akers, age 43, has had ITDM members of the public may present oral any personal information included in a since 2007. His endocrinologist statements at the meeting. Persons comment. Please see the Privacy Act examined him in 2008 and certified that wishing to present statements or obtain heading below. he has had no hypoglycemic reactions information should contact the person Docket: For access to the docket to resulting in loss of consciousness, listed in the FOR FURTHER INFORMATION read background documents or requiring the assistance of another CONTACT section. comments, go to http:// Members of the public may present a person, or resulting in impaired www.regulations.gov at any time or written statement to the committee at cognitive function that occurred without Room W12–140 on the ground level of any time. warning in the past 5 years; understands the West Building, 1200 New Jersey diabetes management and monitoring; Issued in Washington, DC on February 5, Avenue, SE., Washington, DC, between and has stable control of his diabetes 2009. 9 a.m. and 5 p.m., Monday through using insulin, and is able to drive a Francisco Estrada C., Friday, except Federal holidays. The CMV safely. Mr. Akers meets the RTCA Advisory Committee. FDMS is available 24 hours each day, requirements of the vision standard at [FR Doc. E9–2983 Filed 2–11–09; 8:45 am] 365 days each year. If you want 49 CFR 391.41(b)(10). His BILLING CODE 4910–13–P acknowledgment that we received your ophthalmologist examined him in 2008 comments, please include a self- and certified that he does not have addressed, stamped envelope or diabetic retinopathy. He holds a Class A DEPARTMENT OF TRANSPORTATION postcard or print the acknowledgment commercial driver’s license (CDL) from page that appears after submitting Georgia. Federal Motor Carrier Safety comments online. Administration Privacy Act: Anyone may search the Donald J. Altier [Docket ID FMCSA–2008–0399]0 electronic form of all comments Mr. Altier, 39, has had ITDM since received into any of our dockets by the 2008. His endocrinologist examined him Qualification of Drivers; Exemption name of the individual submitting the Applications; Diabetes in 2008 and certified that he has had no comment (or of the person signing the hypoglycemic reactions resulting in loss AGENCY: Federal Motor Carrier Safety comment, if submitted on behalf of an of consciousness, requiring the Administration (FMCSA). association, business, labor union, etc.). assistance of another person, or You may review the DOT’s complete ACTION: Notice of applications for resulting in impaired cognitive function Privacy Act Statement in the Federal exemptions from the diabetes standard; that occurred without warning in the Register published on April 11, 2000 request for comments. past 5 years; understands diabetes (65 FR 19476). This information is also management and monitoring; and has SUMMARY: FMCSA announces receipt of available at http://Docketinfo.dot.gov. stable control of his diabetes using applications from 37 individuals for FOR FURTHER INFORMATION CONTACT: Dr. insulin, and is able to drive a CMV exemptions from the prohibition against Mary D. Gunnels, Director, Medical safely. Mr. Altier meets the persons with insulin-treated diabetes Programs, (202) 366–4001, requirements of the vision standard at mellitus (ITDM) operating commercial [email protected], FMCSA, 49 CFR 391.41(b)(10). His optometrist motor vehicles (CMVs) in interstate Department of Transportation, 1200 examined him in 2008 and certified that commerce. If granted, the exemptions New Jersey Avenue, SE., Room W64– he does not have diabetic retinopathy. would enable these individuals with 224, Washington, DC 20590–0001. He holds a Class A CDL from ITDM to operate commercial motor Office hours are from 8:30 a.m. to 5 Minnesota. vehicles in interstate commerce. p.m., Monday through Friday, except DATES: Comments must be received on Federal holidays. Richie Anderson or before March 16, 2009. SUPPLEMENTARY INFORMATION: Mr. Anderson, 38, has had ITDM ADDRESSES: You may submit comments since 2008. His endocrinologist Background bearing the Federal Docket Management examined him in 2008 and certified that System (FDMS) Docket ID FMCSA– Under 49 U.S.C. 31136(e) and 31315, he has had no hypoglycemic reactions 2008–0399 using any of the following FMCSA may grant an exemption for a 2- resulting in loss of consciousness, methods: year period if it finds ‘‘such exemption requiring the assistance of another • Federal eRulemaking Portal: Go to would likely achieve a level of safety person, or resulting in impaired http://www.regulations.gov. Follow the that is equivalent to, or greater than, the cognitive function that occurred without online instructions for submitting level that would be achieved absent warning in the past 5 years; understands comments. such exemption.’’ The statutes also diabetes management and monitoring;

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and has stable control of his diabetes diabetic retinopathy. He holds a Class A in 2008 and certified that he has had no using insulin, and is able to drive a CDL from New Mexico. hypoglycemic reactions resulting in loss CMV safely. Mr. Anderson meets the of consciousness, requiring the Daniel J. Conner requirements of the vision standard at assistance of another person, or 49 CFR 391.41(b)(10). His Mr. Conner, 49, has had ITDM since resulting in impaired cognitive function ophthalmologist examined him in 2008 1995. His endocrinologist examined him that occurred without warning in the and certified that he does not have in 2008 and certified that he has had no past 5 years; understands diabetes diabetic retinopathy. He holds a Class C hypoglycemic reactions resulting in loss management and monitoring; and has operator’s license from California. of consciousness, requiring the stable control of his diabetes using assistance of another person, or insulin, and is able to drive a CMV Rick M. Bryant resulting in impaired cognitive function safely. Mr. Garrett meets the Mr. Bryant, 56, has had ITDM since that occurred without warning in the requirements of the vision standard at 2008. His endocrinologist examined him past 5 years; understands diabetes 49 CFR 391.41(b)(10). His in 2008 and certified that he has had no management and monitoring; and has ophthalmologist examined him in 2008 hypoglycemic reactions resulting in loss stable control of his diabetes using and certified that he does not have of consciousness, requiring the insulin, and is able to drive a CMV diabetic retinopathy. He holds a Class A assistance of another person, or safely. Mr. Conner meets the CDL from Iowa. requirements of the vision standard at resulting in impaired cognitive function Joseph M. Godinho that occurred without warning in the 49 CFR 391.41(b)(10). His past 5 years; understands diabetes ophthalmologist examined him in 2008 Mr. Godinho, 34, has had ITDM since management and monitoring; and has and certified that he does not have 2008. His endocrinologist examined him in 2008 and certified that he has had no stable control of his diabetes using diabetic retinopathy. He holds a Class A hypoglycemic reactions resulting in loss insulin, and is able to drive a CMV CDL from Pennsylvania. of consciousness, requiring the safely. Mr. Bryant meets the James K. Dowden assistance of another person, or requirements of the vision standard at Mr. Dowden, 51, has had ITDM since resulting in impaired cognitive function 49 CFR 391.41(b)(10). His optometrist 2007. His endocrinologist examined him that occurred without warning in the examined him in 2008 and certified that in 2008 and certified that he has had no past 5 years; understands diabetes he does not have diabetic retinopathy. hypoglycemic reactions resulting in loss management and monitoring; and has He holds a Class A CDL from Arizona. of consciousness, requiring the stable control of his diabetes using Casey D. Carr assistance of another person, or insulin, and is able to drive a CMV resulting in impaired cognitive function safely. Mr. Godinho meets the Mr. Carr, 30, has had ITDM since that occurred without warning in the requirements of the vision standard at 2004. His endocrinologist examined him past 5 years; understands diabetes 49 CFR 391.41(b)(10). His optometrist in 2008 and certified that he has had no management and monitoring; and has examined him in 2008 and certified that hypoglycemic reactions resulting in loss stable control of his diabetes using he does not have diabetic retinopathy. of consciousness, requiring the insulin, and is able to drive a CMV He holds a Class C CDL from California. assistance of another person, or safely. Mr. Dowden meets the resulting in impaired cognitive function Gerardo Gonzales requirements of the vision standard at that occurred without warning in the 49 CFR 391.41(b)(10). His optometrist Mr. Gonzales, 30, has had ITDM since past 5 years; understands diabetes examined him in 2008 and certified that 2008. His endocrinologist examined him management and monitoring; and has he does not have diabetic retinopathy. in 2008 and certified that he has had no stable control of his diabetes using He holds a Class D operator’s license hypoglycemic reactions resulting in loss insulin, and is able to drive a CMV from Minnesota. of consciousness, requiring the safely. Mr. Carr meets the requirements assistance of another person, or of the vision standard at 49 CFR Luis G. Garcia resulting in impaired cognitive function 391.41(b)(10). His optometrist examined Mr. Garcia, 56, has had ITDM since that occurred without warning in the him in 2008 and certified that he does 1992. His endocrinologist examined him past 5 years; understands diabetes not have diabetic retinopathy. He holds in 2008 and certified that he has had no management and monitoring; and has a Class A CDL from Utah. hypoglycemic reactions resulting in loss stable control of his diabetes using David L. Coggin of consciousness, requiring the insulin, and is able to drive a CMV assistance of another person, or safely. Mr. Gonzales meets the Mr. Coggin, 67, has had ITDM since resulting in impaired cognitive function requirements of the vision standard at 2004. His endocrinologist examined him that occurred without warning in the 49 CFR 391.41(b)(10). His in 2008 and certified that he has had no past 5 years; understands diabetes ophthalmologist examined him in 2008 hypoglycemic reactions resulting in loss management and monitoring; and has and certified that he has stable non- of consciousness, requiring the stable control of his diabetes using proliferative diabetic retinopathy. He assistance of another person, or insulin, and is able to drive a CMV holds a Class ABCD operator’s license resulting in impaired cognitive function safely. Mr. Garcia meets the from Wisconsin. that occurred without warning in the requirements of the vision standard at Darryl B. Goskey past 5 years; understands diabetes 49 CFR 391.41(b)(10). His management and monitoring; and has ophthalmologist examined him in 2008 Mr. Goskey, 68, has had ITDM since stable control of his diabetes using and certified that he does not have 2004. His endocrinologist examined him insulin, and is able to drive a CMV diabetic retinopathy. He holds a Class A in 2008 and certified that he has had no safely. Mr. Coggin meets the CDL from Florida. hypoglycemic reactions resulting in loss requirements of the vision standard at of consciousness, requiring the 49 CFR 391.41(b)(10). His Gary A. Garrett assistance of another person, or ophthalmologist examined him in 2008 Mr. Garrett, 61, has had ITDM since resulting in impaired cognitive function and certified that he does not have 2003. His endocrinologist examined him that occurred without warning in the

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past 5 years; understands diabetes ophthalmologist examined him in 2008 in 2008 and certified that he has had no management and monitoring; and has and certified that he does not have hypoglycemic reactions resulting in loss stable control of his diabetes using diabetic retinopathy. He holds a Class C of consciousness, requiring the insulin, and is able to drive a CMV operator’s license from Texas. assistance of another person, or safely. Mr. Goskey meets the resulting in impaired cognitive function Darryl D. Hewitt requirements of the vision standard at that occurred without warning in the 49 CFR 391.41(b)(10). His optometrist Mr. Hewitt, 52, has had ITDM since past 5 years; understands diabetes examined him in 2008 and certified that 1992. His endocrinologist examined him management and monitoring; and has he does not have diabetic retinopathy. in 2008 and certified that he has had no stable control of his diabetes using He holds a Class A CDL from hypoglycemic reactions resulting in loss insulin, and is able to drive a CMV Minnesota. of consciousness, requiring the safely. Mr. Hood meets the requirements assistance of another person, or of the vision standard at 49 CFR Douglas A. Greve resulting in impaired cognitive function 391.41(b)(10). His optometrist examined Mr. Greve, 64, has had ITDM since that occurred without warning in the him in 2008 and certified that he does 2008. His endocrinologist examined him past 5 years; understands diabetes not have diabetic retinopathy. He holds in 2008 and certified that he has had no management and monitoring; and has a Class A CDL from Indiana. hypoglycemic reactions resulting in loss stable control of his diabetes using Charles T. Hughes of consciousness, requiring the insulin, and is able to drive a CMV assistance of another person, or safely. Mr. Hewitt meets the Mr. Hughes, 63, has had ITDM since resulting in impaired cognitive function requirements of the vision standard at 2008. His endocrinologist examined him that occurred without warning in the 49 CFR 391.41(b)(10). His optometrist in 2008 and certified that he has had no past 5 years; understands diabetes examined him in 2008 and certified that hypoglycemic reactions resulting in loss management and monitoring; and has he does not have diabetic retinopathy. of consciousness, requiring the stable control of his diabetes using He holds a Class C operator’s license assistance of another person, or insulin, and is able to drive a CMV from California. resulting in impaired cognitive function safely. Mr. Greve meets the that occurred without warning in the requirements of the vision standard at Mark D. Hoag past 5 years; understands diabetes 49 CFR 391.41(b)(10). His optometrist Mr. Hoag, 44, has had ITDM since management and monitoring; and has examined him in 2008 and certified that 1985. His endocrinologist examined him stable control of his diabetes using he does not have diabetic retinopathy. in 2008 and certified that he has had no insulin, and is able to drive a CMV He holds a Class A CDL from hypoglycemic reactions resulting in loss safely. Mr. Hughes meets the Minnesota. of consciousness, requiring the requirements of the vision standard at assistance of another person, or 49 CFR 391.41(b)(10). His optometrist Edlyne C. Harrison resulting in impaired cognitive function examined him in 2008 and certified that Mr. Harrison, 51, has had ITDM since that occurred without warning in the he does not have diabetic retinopathy. 2008. His endocrinologist examined him past 5 years; understands diabetes He holds a Class A CDL from in 2008 and certified that he has had no management and monitoring; and has Pennsylvania. hypoglycemic reactions resulting in loss stable control of his diabetes using Norman G. Jovin of consciousness, requiring the insulin, and is able to drive a CMV assistance of another person, or safely. Mr. Hoag meets the requirements Mr. Jovin, 65, has had ITDM since resulting in impaired cognitive function of the vision standard at 49 CFR 2008. His endocrinologist examined him that occurred without warning in the 391.41(b)(10). His optometrist examined in 2008 and certified that he has had no past 5 years; understands diabetes him in 2008 and certified that he does hypoglycemic reactions resulting in loss management and monitoring; and has not have diabetic retinopathy. He holds of consciousness, requiring the stable control of his diabetes using a CDL from Washington. assistance of another person, or insulin, and is able to drive a CMV resulting in impaired cognitive function safely. Mr. Harrison meets the James B. Hodge, Jr. that occurred without warning in the requirements of the vision standard at Mr. Hodge, 39, has had ITDM since past 5 years; understands diabetes 49 CFR 391.41(b)(10). His optometrist 2007. His endocrinologist examined him management and monitoring; and has examined him in 2008 and certified that in 2008 and certified that he has had no stable control of his diabetes using he does not have diabetic retinopathy. hypoglycemic reactions resulting in loss insulin, and is able to drive a CMV He holds a Class A CDL from Alabama. of consciousness, requiring the safely. Mr. Jovin meets the requirements assistance of another person, or of the vision standard at 49 CFR Edwin L. Haynie resulting in impaired cognitive function 391.41(b)(10). His optometrist examined Mr. Haynie, 53, has had ITDM since that occurred without warning in the him in 2008 and certified that he does 2001. His endocrinologist examined him past 5 years; understands diabetes not have diabetic retinopathy. He holds in 2008 and certified that he has had no management and monitoring; and has a Class A CDL from Florida. hypoglycemic reactions resulting in loss stable control of his diabetes using Patrick H. Junkins of consciousness, requiring the insulin, and is able to drive a CMV assistance of another person, or safely. Mr. Hodge meets the Mr. Junkins, 55, has had ITDM since resulting in impaired cognitive function requirements of the vision standard at 2008. His endocrinologist examined him that occurred without warning in the 49 CFR 391.41(b)(10). His optometrist in 2008 and certified that he has had no past 5 years; understands diabetes examined him in 2008 and certified that hypoglycemic reactions resulting in loss management and monitoring; and has he does not have diabetic retinopathy. of consciousness, requiring the stable control of his diabetes using He holds a Class A CDL from Florida. assistance of another person, or insulin, and is able to drive a CMV resulting in impaired cognitive function safely. Mr. Haynie meets the Kevin J. Hood that occurred without warning in the requirements of the vision standard at Mr. Hood, 49, has had ITDM since past 5 years; understands diabetes 49 CFR 391.41(b)(10). His 2008. His endocrinologist examined him management and monitoring; and has

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stable control of his diabetes using proliferative diabetic retinopathy. He Michael A. Potter insulin, and is able to drive a CMV holds a Class E operator’s license from Mr. Potter, 47, has had ITDM since safely. Mr. Junkins meets the South Carolina, which allows him to 2008. His endocrinologist examined him requirements of the vision standard at operate a single unit vehicle exceeding in 2008 and certified that he has had no 49 CFR 391.41(b)(10). His optometrist a gross vehicle weight rating of 26,000 hypoglycemic reactions resulting in loss examined him in 2008 and certified that pounds except motorcycles. of consciousness, requiring the he does not have diabetic retinopathy. Jeffrey D. Moul assistance of another person, or He holds a Class B CDL from New resulting in impaired cognitive function Hampshire. Mr. Moul, 35, has had ITDM since that occurred without warning in the Paul A. Kurimski 1998. His endocrinologist examined him past 5 years; understands diabetes management and monitoring; and has Mr. Kurimski, 50, has had ITDM since in 2008 and certified that he has had no stable control of his diabetes using 2008. His endocrinologist examined him hypoglycemic reactions resulting in loss insulin, and is able to drive a CMV in 2008 and certified that he has had no of consciousness, requiring the safely. Mr. Potter meets the hypoglycemic reactions resulting in loss assistance of another person, or requirements of the vision standard at of consciousness, requiring the resulting in impaired cognitive function 49 CFR 391.41(b)(10). His optometrist assistance of another person, or that occurred without warning in the examined him in 2008 and certified that resulting in impaired cognitive function past 5 years; understands diabetes he does not have diabetic retinopathy. that occurred without warning in the management and monitoring; and has He holds a Class A CDL from Montana. past 5 years; understands diabetes stable control of his diabetes using management and monitoring; and has insulin, and is able to drive a CMV Carson R. Reighard safely. Mr. Moul meets the requirements stable control of his diabetes using Mr. Reighard, 47, has had ITDM since of the vision standard at 49 CFR insulin, and is able to drive a CMV 2008. His endocrinologist examined him safely. Mr. Kurimski meets the 391.41(b)(10). His optometrist examined in 2008 and certified that he has had no requirements of the vision standard at him in 2008 and certified that he does hypoglycemic reactions resulting in loss 49 CFR 391.41(b)(10). His optometrist not have diabetic retinopathy. He holds of consciousness, requiring the examined him in 2008 and certified that a Class A CDL from South Dakota. assistance of another person, or he does not have diabetic retinopathy. Ellis E. Murdock resulting in impaired cognitive function He holds a Class A CDL from Iowa. that occurred without warning in the Charles L. Martinez Mr. Murdock, 45, has had ITDM since past 5 years; understands diabetes the late 1980s. His endocrinologist management and monitoring; and has Mr. Martinez, 38, has had ITDM since examined him in 2008 and certified that stable control of his diabetes using 1988. His endocrinologist examined him he has had no hypoglycemic reactions insulin, and is able to drive a CMV in 2008 and certified that he has had no resulting in loss of consciousness, safely. Mr. Reighard meets the hypoglycemic reactions resulting in loss requiring the assistance of another requirements of the vision standard at of consciousness, requiring the person, or resulting in impaired 49 CFR 391.41(b)(10). His assistance of another person, or cognitive function that occurred without ophthalmologist examined him in 2008 resulting in impaired cognitive function warning in the past 5 years; understands and certified that he has stable non- that occurred without warning in the diabetes management and monitoring; proliferative diabetic retinopathy. He past 5 years; understands diabetes and has stable control of his diabetes holds a Class A CDL from Iowa. management and monitoring; and has using insulin, and is able to drive a stable control of his diabetes using Frank B. Rivett CMV safely. Mr. Murdock meets the insulin, and is able to drive a CMV requirements of the vision standard at Mr. Rivett, 62, has had ITDM since safely. Mr. Martinez meets the 49 CFR 391.41(b)(10). His optometrist 1962. His endocrinologist examined him requirements of the vision standard at examined him in 2008 and certified that in 2008 and certified that he has had no 49 CFR 391.41(b)(10). His he has stable non-proliferative diabetic hypoglycemic reactions resulting in loss ophthalmologist examined him in 2008 retinopathy. He holds a Class A CDL of consciousness, requiring the and certified that he does not have from Montana. assistance of another person, or diabetic retinopathy. He holds a Class A resulting in impaired cognitive function CDL from Arizona. Richard J. Neeman that occurred without warning in the Joseph S. Moore past 5 years; understands diabetes Mr. Neeman, 58, has had ITDM since management and monitoring; and has Mr. Moore, 38, has had ITDM since 2005. His endocrinologist examined him stable control of his diabetes using 1973. His endocrinologist examined him in 2008 and certified that he has had no insulin, and is able to drive a CMV in 2008 and certified that he has had no hypoglycemic reactions resulting in loss safely. Mr. Rivett meets the hypoglycemic reactions resulting in loss of consciousness, requiring the requirements of the vision standard at of consciousness, requiring the assistance of another person, or 49 CFR 391.41(b)(10). His assistance of another person, or resulting in impaired cognitive function ophthalmologist examined him in 2008 resulting in impaired cognitive function that occurred without warning in the and certified that he does not have that occurred without warning in the past 5 years; understands diabetes diabetic retinopathy. He holds a Class A past 5 years; understands diabetes management and monitoring; and has CDL from New York. management and monitoring; and has stable control of his diabetes using stable control of his diabetes using insulin, and is able to drive a CMV Timothy D. Schaff insulin, and is able to drive a CMV safely. Mr. Neeman meets the Mr. Schaff, 55, has had ITDM since safely. Mr. Moore meets the requirements of the vision standard at 2005. His endocrinologist examined him requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist in 2008 and certified that he has had no 49 CFR 391.41(b)(10). His examined him in 2008 and certified that hypoglycemic reactions resulting in loss ophthalmologist examined him in 2008 he does not have diabetic retinopathy. of consciousness, requiring the and certified that he has stable He holds a Class B CDL from Minnesota. assistance of another person, or

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resulting in impaired cognitive function management and monitoring; and has by the September 3, 2003 Notice. that occurred without warning in the stable control of his diabetes using FMCSA discontinued use of the 3-year past 5 years; understands diabetes insulin, and is able to drive a CMV driving experience and fulfilled the management and monitoring; and has safely. Mr. Wise meets the requirements requirements of section 4129 while stable control of his diabetes using of the vision standard at 49 CFR continuing to ensure that operation of insulin, and is able to drive a CMV 391.41(b)(10). His ophthalmologist CMVs by drivers with ITDM will safely. Mr. Schaff meets the examined him in 2008 and certified that achieve the requisite level of safety requirements of the vision standard at he does have stable non-proliferative required of all exemptions granted 49 CFR 391.41(b)(10). His optometrist diabetic retinopathy. He holds a Class B under 49 U.S.C. 31136(e). examined him in 2008 and certified that CDL from Indiana. Section 4129(d) also directed FMCSA he does not have diabetic retinopathy. Richard L. Wright to ensure that drivers of CMVs with He holds a Class DA CDL from ITDM are not held to a higher standard Kentucky. Mr. Wright, 59, has had ITDM since than other drivers, with the exception of 2008. His endocrinologist examined him Jeffrey A. Scovel limited operating, monitoring and in 2008 and certified that he has had no medical requirements that are deemed Mr. Scovel, 38, has had ITDM since hypoglycemic reactions resulting in loss medically necessary. FMCSA concluded 2008. His endocrinologist examined him of consciousness, requiring the that all of the operating, monitoring and in 2008 and certified that he has had no assistance of another person, or medical requirements set out in the hypoglycemic reactions resulting in loss resulting in impaired cognitive function September 3, 2003 Notice, except as of consciousness, requiring the that occurred without warning in the modified, were in compliance with assistance of another person, or past 5 years; understands diabetes section 4129(d). Therefore, all of the resulting in impaired cognitive function management and monitoring; and has requirements set out in the September 3, that occurred without warning in the stable control of his diabetes using 2003 Notice, except as modified by the past 5 years; understands diabetes insulin, and is able to drive a CMV Notice in the Federal Register on management and monitoring; and has safely. Mr. Wright meets the November 8, 2005 (70 FR 67777), stable control of his diabetes using requirements of the vision standard at remain in effect. insulin, and is able to drive a CMV 49 CFR 391.41(b)(10). His optometrist safely. Mr. Scovel meets the examined him in 2008 and certified that Issued on: February 5, 2009. requirements of the vision standard at he does not have diabetic retinopathy. Larry W. Minor, 49 CFR 391.41(b)(10). His optometrist He holds a Class A CDL from Indiana. Associate Administrator for Policy and Program Development. examined him in 2008 and certified that Request for Comments he does not have diabetic retinopathy. [FR Doc. E9–2957 Filed 2–11–09; 8:45 am] He holds a Class B3 CDL from South In accordance with 49 U.S.C. 31136(e) BILLING CODE 4910–EX–P Dakota, which allows him to drive and 31315, FMCSA requests public single vehicles greater than 26,000 lbs comment from all interested persons on gross vehicle weight rating and includes the exemption petitions described in DEPARTMENT OF TRANSPORTATION car/light truck/motorcycle privileges. this notice. We will consider all comments received before the close of Federal Motor Carrier Safety Charles C. Smith business on the closing date indicated Administration Mr. Smith, 68, has had ITDM since in the date section of the Notice. 2007. His endocrinologist examined him FMCSA notes that Section 4129 of the [Docket ID. FMCSA–2008–0398] in 2008 and certified that he has had no Safe, Accountable, Flexible and hypoglycemic reactions resulting in loss Efficient Transportation Equity Act: A Qualification of Drivers; Exemption of consciousness, requiring the Legacy for Users (SAFETEA–LU) Applications; Vision requires the Secretary to revise its assistance of another person, or AGENCY: Federal Motor Carrier Safety diabetes exemption program established resulting in impaired cognitive function Administration (FMCSA), DOT. that occurred without warning in the on September 3, 2003 (68 FR 52441).1 ACTION: Notice of applications for past 5 years; understands diabetes The revision must provide for exemptions; request for comments. management and monitoring; and has individual assessment of drivers with stable control of his diabetes using diabetes mellitus, and be consistent SUMMARY: FMCSA announces receipt of insulin, and is able to drive a CMV with the criteria described in section applications from 33 individuals for safely. Mr. Smith meets the 4018 of the Transportation Equity Act exemption from the vision requirement requirements of the vision standard at for the 21st Century (49 U.S.C. 31305). in the Federal Motor Carrier Safety Section 4129 requires: (1) The 49 CFR 391.41(b)(10). His Regulations. If granted, the exemptions elimination of the requirement for three ophthalmologist examined him in 2008 would enable these individuals to years of experience operating CMVs and certified that he does not have qualify as drivers of commercial motor while being treated with insulin; and (2) diabetic retinopathy. He holds a Class A vehicles (CMVs) in interstate commerce the establishment of a specified CDL from Illinois. without meeting the Federal vision minimum period of insulin use to standard. Michael L. Wise demonstrate stable control of diabetes Mr. Wise, 58, has had ITDM since before being allowed to operate a CMV. DATES: Comments must be received on 1992. His endocrinologist examined him In response to section 4129, FMCSA or before March 16, 2009. in 2008 and certified that he has had no made immediate revisions to the ADDRESSES: You may submit comments hypoglycemic reactions resulting in loss diabetes exemption program established bearing the Federal Docket Management of consciousness, requiring the System (FDMS) Docket ID FMCSA– assistance of another person, or 1 Section 4129(a) refers to the 2003 Notice as a 2008–0398 using any of the following resulting in impaired cognitive function ‘‘final rule.’’ However, the 2003 Notice did not issue methods: a ‘‘final rule’’ but did establish the procedures and • that occurred without warning in the standards for issuing exemptions for drivers with Federal eRulemaking Portal: Go to past 5 years; understands diabetes ITDM. http://www.regulations.gov. Follow the

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on-line instructions for submitting level that would be achieved absent tractor-trailer combinations for 13 years, comments. such exemption.’’ FMCSA can renew accumulating 260,000 miles. He holds a • Mail: Docket Management Facility; exemptions at the end of each 2-year Class A CDL from Utah. His driving U.S. Department of Transportation, 1200 period. The 33 individuals listed in this record for the last 3 years shows no New Jersey Avenue, SE., West Building notice each have requested an crashes and no convictions for moving Ground Floor, Room W12–140, exemption from the vision requirement violations in a CMV. Washington, DC 20590–0001. in 49 CFR 391.41(b)(10), which applies George M. Callahan • Hand Delivery: West Building to drivers of CMVs in interstate Ground Floor, Room W12–140, 1200 commerce. Accordingly, the Agency Mr. Callahan, 52, has loss of vision in New Jersey Avenue, SE., Washington, will evaluate the qualifications of each his left eye loss due to a corneal scar DC, between 9 a.m. and 5 p.m., Monday applicant to determine whether granting sustained at age 5. The visual acuity in through Friday, except Federal holidays. the exemption will achieve the required his right eye is 20/20 and in his left eye, • Fax: 1–202–493–2251. level of safety mandated by statute. 20/400. Following an examination in Each submission must include the 2008, his optometrist noted, ‘‘Mr. Qualifications of Applicants Agency name and the docket ID for this Callahan has sufficient vision to Notice. Note that DOT posts all James M. Andrews perform necessary tasks to operate a comments received without change to commercial vehicle.’’ Mr. Callahan Mr. Andrews, age 39, has had reported that he has driven straight http://www.regulations.gov, including toxoplasmosis chorioretinopathy in his trucks for 11⁄2 years, accumulating any personal information included in a left eye since birth. The best corrected comment. Please see the Privacy Act 75,000 miles, and tractor-trailer visual acuity in his right eye left eye is combinations for 21 years, accumulating heading below. 20/30 and in his left eye, counting Docket: For access to the docket to 2.1 million miles. He holds a Class A fingers. Following an examination in read background documents or CDL from North Carolina. His driving 2008, his ophthalmologist noted, ‘‘It is comments, go to http:// record for the last 3 years shows one my medical opinion that the normal www.regulations.gov at any time or crash and no convictions for moving vision of his right eye allows sufficient Room W12–140 on the ground level of violations in a CMV. vision to perform driving tasks required the West Building, 1200 New Jersey to operate a commercial vehicle.’’ Mr. William D. Cardiff Avenue, SE., Washington, DC, between Andrews reported that he has driven 9 a.m. and 5 p.m., Monday through Mr. Cardiff, 53, has had amblyopia in straight trucks for 6 years, accumulating Friday, except Federal holidays. The his left eye since birth. The best 108,000 miles. He holds a Class B FDMS is available 24 hours each day, corrected visual acuity in his right eye commercial driver’s license (CDL) from 365 days each year. If you want is 20/15 and in his left eye, 20/200. Oregon. His driving record for the last acknowledgment that we received your Following an examination in 2008, his 3 years shows one crash and no comments, please include a self- optometrist noted, ‘‘In my medical convictions for moving violations in a addressed, stamped envelope or opinion, Mr. Cardiff has sufficient CMV. postcard or print the acknowledgement vision to perform the driving tasks page that appears after submitting Michael L. Ayers required to operate a commercial comments on-line. vehicle.’’ Mr. Cardiff reported that he Mr. Ayers, 46, has had amblyopia in 1 Privacy Act: Anyone may search the has driven straight trucks for 3 ⁄2 years, his left eye since childhood. The best accumulating 35,000 miles. He holds a electronic form of all comments corrected visual acuity in his right eye received into any of our dockets by the Class C operator’s license from Illinois. is 20/15 and in his left eye, 20/80. His driving record for the last 3 years name of the individual submitting the Following an examination in 2008, his comment (or of the person signing the shows no crashes and no convictions for optometrist noted, ‘‘In my professional moving violations in a CMV. comment, if submitted on behalf of an opinion as an eye care practitioner, Mr. association, business, labor union, etc.). Lane Ayers has sufficient vision to Paul V. DaLuisio You may review the DOT’s complete perform the driving tasks required to Mr. DaLuisio, 40, has had amblyopia Privacy Act Statement in the Federal drive a commercial motor vehicle.’’ Mr. in his left eye since birth. The best Register published on April 11, 2000 Ayers reported that he has driven corrected visual acuity in his right eye (65 FR 19476). This information is also tractor-trailer combinations for 20 years, is 20/20 and in his left eye, light available at http://Docketsinfo.dot.gov. accumulating 960,000 miles. He holds a perception. Following an examination FOR FURTHER INFORMATION CONTACT: Dr. Class A CDL from Alabama. His driving in 2008, his optometrist noted, ‘‘Patient Mary D. Gunnels, Director, Medical record for the last 3 years shows no has sufficient vision to operate a Programs, (202) 366–4001, crashes and no convictions for moving commercial vehicle.’’ Mr. DaLuisio [email protected], FMCSA, violations in a CMV. reported that he has driven straight Department of Transportation, 1200 Todd J. Berglund, Sr. trucks for 13 years, accumulating New Jersey Avenue, S.E., Room W64– 305,500 miles. He holds a Class B CDL 224, Washington, DC 20590–0001. Mr. Berglund, age 34, has had from New York. His driving record for Office hours are from 8:30 a.m. to 5 amblyopia in his right eye since birth. the last 3 years shows no crashes and no p.m., Monday through Friday, except The best corrected visual acuity in his convictions for moving violations in a Federal holidays. right eye is 20/400 and in his left eye, CMV. SUPPLEMENTARY INFORMATION: 20/20. Following an examination in 2008, his optometrist noted, ‘‘In my Richard DiStaola Background opinion, Todd has sufficient vision Mr. DiStaola, 62, has had amblyopia Under 49 U.S.C. 31136(e) and 31315, function to perform the driving tasks in his right eye since childhood. The FMCSA may grant an exemption for a 2- required to operate a commercial best corrected visual acuity in his right year period if it finds ‘‘such exemption vehicle.’’ Mr. Berglund reported that he eye left eye is 20/150 and in his left eye, would likely achieve a level of safety has driven straight trucks for 13 years, 20/20. Following an examination in that is equivalent to, or greater than, the accumulating 130,000 miles, and 2008, his ophthalmologist noted, ‘‘In my

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medical opinion, Mr. DiStaola has driving record for the last 3 years shows Following an examination in 2008, his sufficient vision to perform the tasks no crashes and one conviction for a optometrist noted, ‘‘In my professional required to operate a commercial motor moving violation, speeding in a CMV. opinion, Mr. Jenkins’ vision is vehicle.’’ Mr. DiStaola reported that he He exceeded the speed limit by 10 mph. satisfactory enough to continue has driven straight trucks for 16 years, operation of commercial motor Breck L. Falcon accumulating 320,000 miles, and vehicles.’’ Mr. Jenkins reported that he tractor-trailer combinations for 16 years, Mr. Falcon, 37, has had amblyopia in has driven straight trucks for 19 years, accumulating 480,000 miles. He holds a his right eye since childhood. The best accumulating 1.5 million miles. He Class A CDL from New York. His corrected visual acuity in his right eye holds a Class B CDL from Illinois. His driving record for the last 3 years shows left eye is 20/60 and in his left eye, 20/ driving record for the last 3 years shows no crashes and no convictions for 20. Following an examination in 2008, no crashes and no convictions for moving violations in a CMV. his ophthalmologist noted, ‘‘In my moving violations in a CMV. medical opinion, he appears to have Tracy A. Doty sufficient vision to perform driving Richard H. Johnson Mr. Doty, 45, has loss of vision in his tasks for a commercial vehicle.’’ Mr. Mr. Johnson, 58, has had amblyopia left eye due to a corneal scar sustained Falcon reported that he has driven in his right eye since birth. The best as a child. The best corrected visual straight trucks for 4 years, accumulating corrected visual acuity in his right eye acuity in his right eye is 20/20 and in 72,800 miles. He holds a Class B CDL is 20/80, and in his left eye, 20/20. his left eye, 20/200. Following an from Louisiana. His driving record for Following an examination in 2008, his examination in 2008, his optometrist the last 3 years shows no crashes and ophthalmologist noted, ‘‘Mr. Richard noted, ‘‘In my medical opinion, Mr. one conviction for a moving violation, Johnson has sufficient vision to perform Doty’s vision is sufficient to operate a speeding in a CMV. He exceeded the the driving tasks required to operate a commercial vehicle.’’ Mr. Doty reported speed limit by 15 mph. commercial vehicle.’’ Mr. Johnson that he has driven straight trucks for 5 reported that he has driven straight years, accumulating 150,000 miles, and Charles W. Hillyer trucks for 30 years, accumulating tractor-trailer combinations for 31⁄2 Mr. Hillyer, 40, has loss of vision in 900,000 miles, and tractor-trailer years, accumulating 346,500 miles. He his left eye sustained from a traumatic combinations for 30 years, accumulating holds a Class A CDL from Tennessee. injury sustained in 1972. The best 900,000 miles. He holds a Class A CDL His driving record for the last 3 years corrected visual acuity in his right eye from Nevada. His driving record for the shows no crashes and one conviction for is 20/20 and in his left eye, hand last 3 years shows no crashes and no a moving violation in a CMV, following motion. Following an examination in convictions for moving violations in a improperly. 2009, his optometrist noted, ‘‘In my CMV. medical opinion, Mr. Hillyer’s vision is Vincent C. Durazzo, Jr. Darrel R. Martin sufficient to operate a commercial Mr. Durazzo, 44, has complete loss of vehicle.’’ Mr. Hillyer reported that he Mr. Martin, 61, has a prosthetic left vision in his right eye due to a traumatic has driven straight trucks for 12 years, eye due to a traumatic injury sustained injury that occurred in 1986. The visual accumulating 6,000 miles, and tractor- in 1977. The best corrected visual acuity acuity in his left eye is 20/20. Following trailer combinations for 12 years, in his right eye is 20/20. Following an an examination in 2008, his optometrist accumulating 936,000 miles. He holds a examination in 2008, his optometrist noted, ‘‘It is my opinion that the health Class A CDL from Ohio. His driving noted, ‘‘In our medical opinion, we of Mr. Durazzo’s left eye is stable and he record for the last 3 years shows no certify that Mr. Martin has sufficient has sufficient vision and peripheral crashes and no convictions for moving vision to perform the driving tasks vision to operate a commercial vehicle.’’ violations in a CMV. necessary to operate a commercial Mr. Durazzo reported that he has driven vehicle.’’ Mr. Martin reported that he straight trucks for 17 years, Stephen R. Jackson has driven straight trucks for 45 years, accumulating 340,000 miles. He holds a Mr. Jackson, 57, has had his right eye accumulating 1.4 million miles, and Class 2 operator’s license from surgically removed due to retinal tractor-trailer combinations for 43 years, Connecticut which allows him to drive blastoma at 18 months of age. The best accumulating 860,000 miles. He holds a non-commercial vehicles including corrected visual acuity in his left eye is Class A CDL from Maryland. His driving vehicle tow of 10,000 lbs gross vehicle 20/20. Following an examination in record for the last 3 years shows no weight rating or less. His driving record 2008, his optometrist noted, ‘‘Mr. crashes and no convictions for moving for the last 3 years shows no crashes and Jackson’s condition is stable. His vision violations in a CMV. no convictions for moving violations in is sufficient to perform the driving tasks James W. McGhee a CMV. required to operate a commercial vehicle.’’ Mr. Jackson reported that he Mr. McGhee, 60, has loss of vision in Matthew A. Ericson has driven straight trucks for 11 years, his left eye due to a traumatic injury Mr. Ericson, 50, has had branch accumulating 22,000 miles. He holds a sustained as a child. The best corrected retinal vein occlusion since 2005. The Class B CDL from Wyoming. His driving visual acuity in his right eye is 20/20 best corrected visual acuity in his right record for the last 3 years shows no and in his left eye, 20/200. Following an eye is 20/20 and in his left eye, 20/50. crashes and one conviction for a moving examination in 2008, his optometrist Following an examination in 2008, his violation in a CMV, speeding in a school noted, ‘‘It is my feeling that Mr. McGhee optometrist noted, ‘‘He has sufficient zone. He exceeded the speed limit by 23 has sufficient vision to perform the vision to operate a commercial vehicle.’’ mph. driving tasks required to operate a Mr. Ericson reported that he has driven commercial vehicle.’’ Mr. McGhee straight trucks for 17 years, Wesley J. Jenkins reported that he has driven straight accumulating 510,000 miles, and Mr. Jenkins, 41, has had amblyopia in trucks for 6 years, accumulating 480,000 tractor-trailer combinations for 26 years, his right eye since birth. The best miles, tractor-trailer combinations for 34 accumulating 780,000 miles. He holds a corrected visual acuity in his right eye years, accumulating 2.2 million miles, Class ABCD CDL from Wisconsin. His is 20/200 and in his left eye, 20/20. and buses for 2 years, accumulating

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100,000 miles. He holds a Class A CDL and in his left eye, 20/200. Following an from Wisconsin. His driving record for from Michigan. His driving record for examination in 2008, his optometrist the last 3 years shows one crash and no the last 3 years shows no crashes and no noted, ‘‘I certify, Paul Olson, in my convictions for moving violations in a convictions for moving violations in a opinion, has sufficient vision to perform CMV. CMV. the driving tasks required to operate a Brad E. Robrock commercial vehicle.’’ Mr. Olson Felix L. McLean reported that he has driven straight Mr. Robrock, 34, has loss of vision in Mr. McLean, 38, has had amblyopia in trucks for 8 years, accumulating 120,000 his left eye due to a macular scar his right eye since birth. The best miles, and tractor-trailer combinations sustained from a traumatic injury that corrected visual acuity in his right eye for 31 years, accumulating 1.1 million occurred in 1991. The visual acuity in is 20/60 and in his left eye, 20/20. miles. He holds a Class ABCD CDL from his right eye is 20/20 and in his left eye, Following an examination in 2008, his Wisconsin. His driving record for the 20/300. Following an examination in optometrist noted, ‘‘It is my opinion that last 3 years shows no crashes and no 2008, his optometrist noted, ‘‘Mr. Felix McLean has sufficient vision to convictions for moving violations in a Robrock, in my medical opinion, has perform the driving tasks required to CMV. adequate binocular vision to perform operate a commercial vehicle.’’ Mr. the driving tasks required to operate a Craig P. Osborn McLean reported that he has driven commercial vehicle.’’ Mr. Robrock straight trucks for 5 years, accumulating Mr. Osborn, 45, has had extropia in reported that he has driven straight 500 miles, and tractor-trailer his right eye since birth. The best trucks for 10 years, accumulating combinations for 7 years, accumulating corrected visual acuity in his right eye 150,000 miles. He holds an operator’s 840,000 miles. He holds a Class A CDL is 20/200 and in his left eye, 20/20. license from Indiana. His driving record from New Mexico. His driving record Following an examination in 2008, his for the last 3 years shows no crashes and for the last 3 years shows no crashes and optometrist noted, ‘‘In my medical no convictions for moving violations in no convictions for moving violations in opinion, Mr. Osborn has sufficient a CMV. a CMV. vision to perform the driving tasks required to operate a commercial James L. Rooney James P. Mittlefehldt vehicle.’’ Mr. Osborn reported that he Mr. Rooney, 51, has had amblyopia in Mr. Mittlefehldt, 54, has had has driven straight trucks for 20 years, his left eye since childhood. The best amblyopia in his right eye since birth. accumulating 500,000 miles, and corrected visual acuity in his right eye The best corrected visual acuity in his tractor-trailer combinations for 20 years, is 20/20 and in his left eye, 20/400. right eye is 20/200 and in his left eye, accumulating 300,000 miles. He holds a Following an examination in 2008, his 20/20. Following an examination in Class A CDL from Florida. His driving optometrist noted, ‘‘In my opinion he 2008, his optometrist noted, ‘‘In my record for the last 3 years shows no has sufficient vision to continue to medical opinion, Mr. Mittlefehldt has crashes and no convictions for moving perform the driving tasks required to sufficient vision to perform the driving violations in a CMV. operate a commercial vehicle.’’ Mr. tasks required to operate a commercial Rooney reported that he has driven Jeremy L. Perry vehicle.’’ Mr. Mittlefehldt reported that straight trucks for 11 years, he has driven straight trucks for 24 Mr. Perry, 26, has a prosthetic left eye accumulating 220,000 miles. He holds a years, accumulating 480,000 miles and due to a traumatic injury sustained in Class B CDL from Washington. His tractor-trailer combinations for 10 years, 2004. The visual acuity in his right eye driving record for the last 3 years shows accumulating 750,000 miles. He holds a is 20/20. Following an examination in no crashes and no convictions for Class A CDL from New York. His 2008, his optometrist noted, ‘‘It is my moving violations in a CMV. driving record for the last 3 years shows medical opinion that Jeremy Perry has James E. Russell no crashes and no convictions for sufficient vision to perform the driving moving violations in a CMV. tasks required to operate a commercial Mr. Russell, 38, has had amblyopia in vehicle.’’ Mr. Perry reported that he has his right eye since childhood. The best Robert E. Morrison driven tractor-trailer combinations for 5 corrected visual acuity in his right eye Mr. Morrison, 62, has had amblyopia years, accumulating 396,310 miles. He is count fingers and in his left eye, 20/ in his right eye since childhood. The holds a Class A CDL from Kansas. His 20. Following an examination in 2008, best corrected visual acuity in his right driving record for the last 3 years shows his optometrist noted, ‘‘In my opinion, eye is 20/100 and in his left eye, 20/30. no crashes and no convictions for James has sufficient vision to perform Following an examination in 2008, his moving violations in a CMV. the driving tasks to operate a ophthalmologist noted, ‘‘It is my commercial vehicle.’’ Mr. Russell Wayne G. Resch professional opinion that Mr. Morrison reported that he has driven straight has adequate vision with glasses to Mr. Resch, 45, has had amblyopia in trucks for 5 years, accumulating 65,000 operate commercial vehicles safely.’’ his left eye since childhood. The visual miles, and tractor-trailer combinations Mr. Morrison reported that he has acuity in his right eye is 20/20 and in for 16 years, accumulating 1.6 million driven straight trucks for 15 years, his left eye, 20/60. Following an miles. He holds a Class A CDL from accumulating 450,000 miles. He holds a examination in 2008, his optometrist Arizona. His driving record for the last Class B CDL from Connecticut. His noted, ‘‘Considering the consistent and 3 years shows no crashes and no driving record for the last 3 years shows stable nature of Mr. Resch’s vision, there convictions for moving violations in a no crashes and no convictions for is no reason to believe there would be CMV. moving violations in a CMV. a visual difficulty in operating a commercial vehicle safely.’’ Mr. Resch Robert C. Sellers, Jr. Pahl M. Olson reported that he has driven straight Mr. Sellers, 43, has complete loss of Mr. Olson, 57, has loss of vision due trucks for 20 years, accumulating vision in the left eye due to a traumatic to an ammonia burn to the cornea that 800,000 miles, and tractor-trailer injury sustained at age 3. The best occurred in 1973. The best corrected combinations for 20 years, accumulating corrected visual acuity in his right eye visual acuity in his right eye is 20/20 800,000 miles. He holds a Class A CDL is 20/25. Following an examination in

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2008, his ophthalmologist noted, ‘‘I no crashes and no convictions for DEPARTMENT OF TRANSPORTATION believe Mr. Sellers will continue to moving violations in a CMV. perform well as a commercial truck Federal Motor Carrier Safety Charles F. Wotring driver. He has sufficient vision to Administration perform the driving tasks required to Mr. Wotring, 41, has had macular operate a commercial vehicle.’’ Mr. dystrophy in his left eye since birth. The [Docket No. FMCSA–00–8398; FMCSA–00– Sellers reported that he has driven best corrected visual acuity in his right 7165; FMCSA–04–18885; FMCSA–04–17984; tractor-trailer combinations for 15 years, eye is 20/25 and in his left eye, 20/400. FMCSA–06–24783] Following an examination in 2008, his accumulating 225,000 miles. He holds a Qualification of Drivers; Exemption optometrist noted, ‘‘He is visually able Class A CDL from Tennessee. His Renewals; Vision driving record for the last 3 years shows to drive commercially.’’ Mr. Wotring no crashes and no convictions for reported that he has driven straight AGENCY: Federal Motor Carrier Safety moving violations in a CMV. trucks for 11⁄2 years, accumulating Administration (FMCSA), DOT. 52,500 miles, and tractor-trailer ACTION: Notice of final disposition. James A. Smith combinations for 14 years, accumulating Mr. Smith, 49, has had amblyopia in 1.1 million miles. He holds a Class A SUMMARY: FMCSA previously his right eye since birth. The best CDL from Ohio. His driving record for announced its decision to renew the corrected visual acuity in his right eye the last 3 years shows no crashes and exemptions from the vision requirement is 20/200 and in his left eye, 20/15. one conviction for a moving violation, in the Federal Motor Carrier Safety Following an examination in 2008, his speeding in a CMV. He exceeded the Regulations for 26 individuals. FMCSA optometrist noted, ‘‘In my opinion, he speed limit by 14 mph. has statutory authority to exempt individuals from the vision requirement has sufficient vision to perform all Forrest L. Wright driving tasks required to operate a if the exemptions granted will not commercial motor vehicle.’’ Mr. Smith Mr. Wright, 54, has had optic nerve compromise safety. The Agency has reported that he has driven tractor- hypoplasia in his right eye since birth. reviewed the comments submitted in trailer combinations for 17 years, The best corrected visual acuity in his response to the previous announcement accumulating 595,000 miles. He holds a right eye is light perception and in his and concluded that granting these Class A CDL from Washington. His left eye, 20/20. Following an exemptions will provide a level of safety driving record for the last 3 years shows examination in 2008, his optometrist that will be equivalent to, or greater no crashes and no convictions for noted, ‘‘It is my opinion that Mr. Wright than, the level of safety maintained moving violations in a CMV. has sufficient vision to perform all without the exemptions for these driving tasks to operate a commercial commercial motor vehicle (CMV) Richard Sturk vehicle.’’ Mr. Wright reported that he drivers. has driven straight trucks for 3 years, Mr. Sturk, 59, has had loss vision in FOR FURTHER INFORMATION CONTACT: Dr. the right eye due to ischemic optic accumulating 30,000 miles, and buses for 6 years, accumulating 24,000 miles. Mary D. Gunnels, Director, Medical atrophy since 2003. The best corrected Programs, (202) 366–4001, visual acuity in his right eye is 20/200 He holds a Class B CDL from Alabama. His driving record for the last 3 years [email protected], FMCSA, and in his left eye, 20/25. Following an Department of Transportation, 400 examination in 2008, his shows no crashes and no convictions for moving violations in a CMV. Seventh Street, SW., Room 8301, ophthalmologist noted, ‘‘In my medical Washington, DC 20590–0001. Office opinion, I do believe that Mr. Sturk has Request for Comments hours are from 8:30 a.m. to 5 p.m., sufficient vision in his left eye to In accordance with 49 U.S.C. 31136(e) Monday through Friday, except Federal operate a commercial vehicle.’’ Mr. and 31315, FMCSA requests public holidays. Sturk reported that he has driven comment from all interested persons on SUPPLEMENTARY INFORMATION: tractor-trailer combinations for 17 years, the exemption petitions described in accumulating 1.7 million miles. He Electronic Access this notice. The Agency will consider all holds a Class A CDL license from comments received before the close of You may see all the comments online Tennessee. His driving record for the business March 16, 2009. Comments through the Federal Document last 3 years shows no crashes and no will be available for examination in the Management System (FDMS) at http:// convictions for moving violations in a docket at the location listed under the www.regulations.gov. CMV. ADDRESSES section of this notice. The Background Wayne A. Whitehead Agency will file comments received after the comment closing date in the Under 49 U.S.C. 31136(e) and 31315, Mr. Whitehead, 42, has had public docket, and will consider them to FMCSA may grant an exemption for a 2- amblyopia in his right eye since the extent practicable. In addition to late year period if it finds ‘‘such exemption childhood. The best corrected visual comments, FMCSA will also continue to would likely achieve a level of safety acuity in his right eye is 20/60 and in file, in the public docket, relevant that is equivalent to, or greater than, the his left eye, 20/25. Following an information that becomes available after level that would be achieved absent examination in 2008, his the comment closing date. Interested such exemption.’’ The statute also ophthalmologist noted, ‘‘I certify that in persons should monitor the public allows the Agency to renew exemptions my medical opinion, Mr. Whitehead has docket for new material. at the end of the 2-year period. The sufficient vision to perform the driving comment period ended on November tasks required to operate a commercial Issued on: February 5, 2009. 17, 2008. vehicle.’’ Mr. Whitehead reported that Larry W. Minor, he has driven straight trucks for 5 years, Associate Administrator for Policy and Discussion of Comments accumulating 120,750 miles. He holds a Program Development. FMCSA received one comment in this Class A CDL from New York. His [FR Doc. E9–2958 Filed 2–11–09; 8:45 am] proceeding. The comment was driving record for the last 3 years shows BILLING CODE 4910–EX–P considered and discussed below.

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Advocates for Highway and Auto DEPARTMENT OF TRANSPORTATION Beall is a company that manufactures Safety (Advocates) expressed opposition trailers in Washington and Oregon. The to FMCSA’s policy to grant exemptions National Highway Traffic Safety company has been in existence for over from the FMCSR, including the driver Administration a decade. Beall states that the total qualification standards. Specifically, [Docket No. NHTSA–2009–0008] number of vehicles produced in the 12- Advocates: (1) Objects to the manner in month period prior to filing the petition which FMCSA presents driver Beall Corporation; Receipt of was 79. Of those vehicles, 64 were information to the public and makes Application for a Temporary dump body type trailers that would be safety determinations; (2) objects to the Exemption From Federal Motor Vehicle covered by the requested temporary Agency’s reliance on conclusions drawn Safety Standard No. 224 exemption. The largest number of Dump from the vision waiver program; (3) Body trailers the petitioner sold in AGENCY: claims the Agency has misinterpreted National Highway Traffic recent years is 79 in 2005. statutory language on the granting of Safety Administration (NHTSA), Beall states that the denial of the exemptions (49 U.S.C. 31136(e) and Department of Transportation (DOT). requested exemption will result in 31315); and finally (4) suggests that a ACTION: Notice of receipt of petition for substantial economic hardship. 1999 Supreme Court decision affects the temporary exemption from Federal According to the statements of the legal validity of vision exemptions. Motor Vehicle Safety Standard (FMVSS) petitioner, the denial of exemption No. 224, Rear impact protection. could cost the company 40 percent of its The issues raised by Advocates were projected sales during the period addressed at length in 64 FR 51568 SUMMARY: We are asking for comments covered by the exemption, a situation (September 23, 1999), 64 FR 66962 on the application of Beall Corporation which could cause the layoff of 100% of (November 30, 1999), 64 FR 69586 for a temporary exemption from the its employees. Additionally, Beall (December 13, 1999), 65 FR 159 (January requirements of FMVSS No. 224. The asserts that if the exemption is denied, 3, 2000), 65 FR 57230 (September 21, basis for the application is that it would lose the entire $800,000 2000), and 66 FR 13825 (March 7, 2001). compliance would cause substantial goodwill investment associated with the economic hardship to the manufacturer We will not address these points again 2001 purchase of Pioneer Truckweld. It which has tried in good faith to comply here, but refer interested parties to those also notes that several of its competitors, with the standard. earlier discussions. such as Reliance and Columbia Body We are publishing this notice of Manufacturing, have received Conclusion receipt of the application in accordance exemptions from FMVSS No. 224, and with our regulations on the subject. This The Agency has not received any that it needs to be able to compete action does not mean that we have made adverse evidence on any of these drivers effectively with these entities in the a judgment about the merits of the that indicates that safety is being dump body trailer sales market, as well application. compromised. Based upon its as the dump body truck market, as many evaluation of the 26 renewal DATES: You should submit your customers will not allow a manufacturer applications, FMCSA renews the comments not later than March 16, to bid on a dump body truck if they Federal vision exemptions for Paul G. 2009. cannot supply a dump body trailer. Albrecht, Elijah A. Allen, Jr., David W. FOR FURTHER INFORMATION CONTACT: Ari Beall also provides specific financial Brown, Monty G. Calderon, David J. Scott, Office of the Chief Counsel, NCC– information with its statement for the Caldwell, Walden V. Clarke, Awilda S. 112, National Highway Traffic Safety years 2004 through 2006. In 2004, it Colon, David Hagadorn, Zane G. Harvey, Administration, 1200 New Jersey indicates that it posted a loss of over Jr., Jeffrey M. Keyser, Donnie A. Kildow, Avenue, SE., West Building 4th Floor, $200,000. In 2005, that loss was Carl M. McIntire, Daniel A. McNabb, Room W41–326, Washington, DC 20590. approximately $138,000. Finally, in David G. Meyers, Robert E. Moore, Telephone: (202) 366–2992; Fax: (202) 2006, the total loss was over $53,000. In Thomas L. Oglesby, Michael J. Paul, 366–3820. the event that this petition is denied, Russell A. Payne, Rodgey M. Pegg, SUPPLEMENTARY INFORMATION: In Beall estimates that it will lose over Raymond E. Peterson, Zbigniew P. accordance with 49 U.S.C. 30113 and $24,000 in the year following the denial. Pietranik, John C. Rodriguez, James A. the procedures in 49 CFR Part 555, Beall While Beall did not provide specific Walker, Richard A. Westfall, Charles E. Corporation, d/b/a Power Truckweld financial information regarding the Wood, and Joseph F. Wood. (‘‘Beall’’), a Dump Body trailer projected financial impact of a grant, it In accordance with 49 U.S.C. 31136(e) manufacturer, has petitioned the agency has stated that such a grant is necessary and 31315, each renewal exemption for a temporary exemption from the rear for the survival of the Power Truckweld willbe valid for 2 years unless revoked impact protection requirements in division. earlier by FMCSA. The exemption will FMVSS No. 224 (49 CFR 571.224). The The petitioner believes that it is be revoked if: (1) The person fails to basis for the application is that impossible to estimate the cost of comply with the terms and conditions compliance would cause substantial compliance because the method by of the exemption; (2) the exemption has economic hardship to the manufacturer, which compliance may be achieved is resulted in a lower level of safety than which has tried in good faith to comply unknown at this time, and requires was maintained before it was granted; or with the standard. A copy of the substantial further engineering analysis. (3) continuation of the exemption would petition has been placed in the docket Beall states that it has tried, not be consistent with the goals and for this notice.1 Beall has requested a unsuccessfully, to design or outsource objectives of 49 U.S.C. 31136 and 31315. three-year hardship exemption. the design of a device that would satisfy FMVSS No. 224 for dump body trailers. Issued on: February 5, 2009. 1 To view the application, go to http:// In explaining why it has not been Larry W. Minor, www.regulations.gov and enter the docket number currently able to meet the rear impact Associate Administrator for Policy and set forth in the heading of this document. The protection requirements, Beall points to Program Development. company has withdrawn its request for confidential a number a technical challenges treatment of certain business and financial [FR Doc. E9–2954 Filed 2–11–09; 8:45 am] information submitted in its petition for temporary associated with designing a compliant BILLING CODE 4910–EX–P exemption. rear impact protection system. Namely,

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it states that a device designed to satisfy primarily used in road construction may visit http://www.dot.gov/ FMVSS No. 224 for dump body tasks as opposed to being driven in the privacy.html. applications must also be capable of flow of traffic, the safety impact of the Confidential Business Information: If moving clear, so that the hopper of the lack of required rear impact protection you wish to submit any information paving machines can pass through the equipment is likely to be relatively under a claim of confidentiality, you space initially occupied by the rear small. should submit three copies of your impact protection device. It argues that How you may comment on the complete submission, including the if the paving machine cannot position application: We invite you to submit information you claim to be confidential itself underneath the dump body, the comments on the application described business information, to the Chief asphalt will spill out as the dump body above. You may submit comments Counsel, NHTSA, at the address given raises and unloads the asphalt. The identified by docket number at the under FOR FURTHER INFORMATION petitioner states that it has been heading of this notice by any of the CONTACT. In addition, you should pursuing the design of acceptable following methods: submit two copies, from which you systems in a joint project with the • Web Site: http:// have deleted the claimed confidential Mechanical Engineering department at www.regulations.gov. Follow the business information, to Docket Montana State University, using instructions for submitting comments Management at the address given above. techniques such as Finite Element on the electronic docket site by clicking When you send a comment containing analysis and physical testing devices. In on ‘‘Help and Information’’ or ‘‘Help/ information claimed to be confidential addition, it claims to have designed Info.’’ business information, you should acceptable guards for a number of non- • Fax: 1–202–493–2251. include a cover letter setting forth the asphalt paving applications. • Mail: U.S. Department of information specified in our Beall states it has considered several Transportation, Docket Operations, M– confidential business information alternative means of compliance. These 30, Room W12–140, 1200 New Jersey regulation (49 CFR Part 512). include plastically deforming devices Avenue, SE., Washington, DC 20590. Issued on: February 5, 2009. and hinged and retractable devices. • Hand Delivery: 1200 New Jersey However, the petitioner believes that Stephen R. Kratzke, Avenue, SE., West Building Ground Associate Administrator for Rulemaking. there are a number of problems with Floor, Room W12–140, Washington, DC, regard to these solutions. First, due to [FR Doc. E9–2975 Filed 2–11–09; 8:45 am] between 9 a.m. and 5 p.m., Monday clearance issues, space for retractable BILLING CODE 4910–59–P through Friday, except Federal devices is not readily available, and Holidays. redesign of the vehicle to accommodate • Federal eRulemaking Portal: Go to such devices could result in decreased http://www.regulations.gov. Follow the DEPARTMENT OF THE TREASURY stability. Second, the petitioner states online instructions for submitting that asphalt paving surface has the effect Internal Revenue Service comments. of rendering these sorts of devices unusable over time. Finally, Beall notes Instructions: All submissions must Proposed Collection; Comment that trailers could be operated with include the agency name and docket Request for Form 4461, 4461–A, and these devices in the retracted position, number. Note that all comments 4461–B resulting in no safety benefits. received will be posted without change to http://www.regulations.gov, including AGENCY: Internal Revenue Service (IRS), Beall states that under a temporary Treasury. exemption, it would continue to pursue any personal information provided. a compliant rear impact protection Please see the Privacy Act discussion ACTION: Notice and request for device that would meet the current below. We will consider all comments comments. standards, including attachment and received before the close of business on the comment closing date indicated SUMMARY: The Department of the methods of maintenance to ensure Treasury, as part of its continuing effort proper function while in service. The above. To the extent possible, we will also consider comments filed after the to reduce paperwork and respondent petitioner states that it will continue to burden, invites the general public and work with others in the paving industry closing date. Docket: For access to the docket to other Federal agencies to take this to develop an acceptable solution. opportunity to comment on proposed Beall’s believes that the public read background documents or comments received, go to http:// and/or continuing information interest would benefit from this collections, as required by the exemption, stating the following: www.regulations.gov at any time or to 1200 New Jersey Avenue, SE., West Paperwork Reduction Act of 1995, It would be in the public’s interest to allow Public Law 104–13 (44 U.S.C. Pioneer Truckweld to manufacture the Building Ground Floor, Room W12–140, Washington, DC 20590, between 9 a.m. 3506(c)(2)(A)). Currently, the IRS is equipment required to improve and expand soliciting comments concerning Form the road building effort in the Western and 5 p.m., Monday through Friday, United States while an intense effort is except Federal Holidays. Telephone: 4461, Application for Approval of maintained by Pioneer Truckweld to design (202) 366–9826. Master or Prototype Defined an acceptable under ride device that will Privacy Act: Anyone is able to search Contribution Plan; Form 4461–A, perform well in a paving operation. the electronic form of all comments Application for Approval of Master or Additionally, in its petition, Beall received into any of our dockets by the Prototye Defined Benefit Plan; Form notes that the failure to receive an name of the individual submitting the 4461–B, Application for Approval of exemption could cause the closure of comment (or signing the comment, if Master or Prototype Plan, Mass the Pioneer Truckweld operation and submitted on behalf of an association, Submitter Adopting Sponsor. the layoff of 38 employees in U.S. business, labor union, etc.). You may DATES: Written comments should be operations. Also, we note that given the review DOT’s complete Privacy Act received on or before April 13, 2009 to relatively low number of vehicles Statement in the Federal Register be assured of consideration. produced by the petitioner over its published on April 11, 2000 (Volume ADDRESSES: Direct all written comments history, and the fact that they are 65, Number 70; Pages 19477–78) or you to R. Joseph Durbala, Internal Revenue

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Service, Room 6129, 1111 Constitution agency, including whether the Continuation Sheet for Form 6559 Avenue, NW., Washington, DC 20224. information shall have practical utility; (Form 6559–A). FOR FURTHER INFORMATION CONTACT: (b) the accuracy of the agency’s estimate OMB Number: 1545–0441. of the burden of the collection of Requests for additional information or Form Numbers: 6559 and 6559–A. copies of the form and instructions information; (c) ways to enhance the should be directed to Allan Hopkins at quality, utility, and clarity of the Abstract: Forms 6559 and 6559–A are Internal Revenue Service, Room 6129, information to be collected; (d) ways to used by filers of Form W–2 Wage and 1111 Constitution Avenue, NW., minimize the burden of the collection of Tax Data to transmit filings on magnetic Washington, DC 20224, or at (202) 622– information on respondents, including media. SSA and IRS need signed jurat 6665, or through the Internet at through the use of automated collection and summary data for processing [email protected]. techniques or other forms of information purposes. The forms are used primarily technology; and (e) estimates of capital by large employers and tax filing SUPPLEMENTARY INFORMATION: Title: or start-up costs and costs of operation, services (service bureaus). Form 4461, Application for Approval of maintenance, and purchase of services Current Actions: There are no changes Master or Prototype Defined to provide information. being made to the forms at this time. Contribution Plan; Form 4461–A, Application for Approval of Master or Approved: February 3, 2009. Type of Review: Extension of a Prototype Defined Benefit Plan; Form R. Joseph Durbala, currently approved collection. 4461–B, Application for Approval of IRS Reports Clearance Office. Affected Public: Business or other for- Master or Prototype Plan, Mass [FR Doc. E9–2946 Filed 2–11–09; 8:45 am] profit organizations, not-for-profit Submitter Adopting Sponsor. BILLING CODE 4830–01–P institutions, farms, and Federal, state, OMB Number: 1545–0169. local or tribal governments. Form Number: Forms 4461, 4461–A, Estimated Number of Respondents: and 4461–B. DEPARTMENT OF THE TREASURY 90,000. Abstract: The IRS uses these forms to determine from the information Internal Revenue Service Estimated Time per Respondent: 18 submitted whether the applicant plan min. qualifies under section 401(a) of the Proposed Collection; Comment Estimated Total Annual Burden Internal Revenue Code for plan Request for Forms 6559 and 6559–A Hours: 27,000. approval. The application is also used to AGENCY: Internal Revenue Service (IRS), The following paragraph applies to all determine if the related trust qualifies Treasury. of the collections of information covered for tax exempt status under Code ACTION: Notice and request for by this notice: section 501(a). comments. An agency may not conduct or Current Actions: There are no changes sponsor, and a person is not required to being made to these forms at this time. SUMMARY: The Department of the respond to, a collection of information Type of Review: Extension of a Treasury, as part of its continuing effort unless the collection of information currently approved collection. to reduce paperwork and respondent displays a valid OMB control number. Affected Public: Business or other for- burden, invites the general public and Books or records relating to a collection profit organizations. other Federal agencies to take this of information must be retained as long Estimated Number of Responses: opportunity to comment on proposed as their contents may become material 5,250. and/or continuing information in the administration of any internal Estimated Number of Respondent: 20 collections, as required by the revenue law. Generally, tax returns and hours, 47 minutes. Paperwork Reduction Act of 1995, tax return information are confidential, Estimated Total Annual Burden Public Law 104–13 (44 U.S.C. as required by 26 U.S.C. 6103. Hours: 109,125. 3506(c)(2)(A)). Currently, the IRS is The following paragraph applies to all soliciting comments concerning Form Request for Comments: Comments of the collections of information covered 6559, Transmitter Report and Summary submitted in response to this notice will by this notice: of Magnetic Media and Form 6559–A, be summarized and/or included in the An agency may not conduct or Continuation Sheet for Form 6559. request for OMB approval. All sponsor, and a person is not required to DATES: Written comments should be comments will become a matter of respond to, a collection of information received on or before April 13, 2009 to public record. Comments are invited on: unless the collection of information be assured of consideration. (a) Whether the collection of displays a valid OMB control number. information is necessary for the proper ADDRESSES: Direct all written comments Books or records relating to a collection performance of the functions of the to R. Joseph Durbala, Internal Revenue of information must be retained as long agency, including whether the Service, Room 6129, 1111 Constitution as their contents may become material information shall have practical utility; Avenue, NW., Washington, DC 20224. in the administration of any internal (b) the accuracy of the agency’s estimate revenue law. Generally, tax returns and FOR FURTHER INFORMATION CONTACT: of the burden of the collection of tax return information are confidential, Requests for additional information or information; (c) ways to enhance the as required by 26 U.S.C. 6103. copies of the form and instructions quality, utility, and clarity of the Request for Comments: Comments should be directed to Allan Hopkins, at information to be collected; (d) ways to submitted in response to this notice will (202) 622–6665, or at Internal Revenue minimize the burden of the collection of be summarized and/or included in the Service, Room 6129, 1111 Constitution information on respondents, including request for OMB approval. All Avenue, NW., Washington, DC 20224, through the use of automated collection comments will become a matter of or through the Internet, at techniques or other forms of information public record. Comments are invited on: [email protected]. technology; and (e) estimates of capital (a) Whether the collection of SUPPLEMENTARY INFORMATION: Title: or start-up costs and costs of operation, information is necessary for the proper Transmitter Report and Summary of maintenance, and purchase of services performance of the functions of the Magnetic Media (Form 6559) and to provide information.

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Approved: February 3, 2009. Type of Review: Extension of a SUMMARY: The Department of the R. Joseph Durbala, currently approved collection. Treasury, as part of its continuing effort IRS Reports Clearance Officer. Affected Public: Business or other for- to reduce paperwork and respondent [FR Doc. E9–2947 Filed 2–11–09; 8:45 am] profit organizations. burden, invites the general public and BILLING CODE 4830–01–P Estimated Number of Respondents: other Federal agencies to take this 200. opportunity to comment on proposed Estimated Time per Respondent: 15 and/or continuing information DEPARTMENT OF THE TREASURY minutes. collections, as required by the Estimated Total Annual Burden Paperwork Reduction Act of 1995, Internal Revenue Service Hours: 50. Public Law 104–13 (44 U.S.C. The following paragraph applies to all [FI–34–91] 3506(c)(2)(A)). Currently, the IRS is of the collections of information covered soliciting comments concerning an Proposed Collection; Comment by this notice: existing final regulation, FI–104–90 (TD An agency may not conduct or Request for Regulation Project 8390), Tax Treatment of Salvage and sponsor, and a person is not required to Reinsurance (§ 1.832–4). AGENCY: Internal Revenue Service (IRS), respond to, a collection of information Treasury. unless the collection of information DATES: Written comments should be received on or before April 13, 2009 to ACTION: Notice and request for displays a valid OMB control number. be assured of consideration. comments. Books or records relating to a collection of information must be retained as long ADDRESSES: Direct all written comments SUMMARY: The Department of the as their contents may become material to R. Joseph Durbala, Internal Revenue Treasury, as part of its continuing effort in the administration of any internal Service, Room 6129, 1111 Constitution to reduce paperwork and respondent revenue law. Generally, tax returns and Avenue, NW., Washington, DC 20224. burden, invites the general public and tax return information are confidential, FOR FURTHER INFORMATION CONTACT: other Federal agencies to take this as required by 26 U.S.C. 6103. Requests for additional information or opportunity to comment on proposed Request for Comments: Comments copies of the regulations should be and/or continuing information submitted in response to this notice will directed to Allan Hopkins at Internal collections, as required by the be summarized and/or included in the Revenue Service, Room 6129, 1111 Paperwork Reduction Act of 1995, request for OMB approval. All Constitution Avenue, NW., Washington, Public Law 104–13 (44 U.S.C. comments will become a matter of DC 20224, or at (202) 622–6665, or 3506(c)(2)(A)). Currently, the IRS is public record. Comments are invited on: through the Internet at soliciting comments concerning an (a) Whether the collection of [email protected]. existing final regulation, FI–34–91 (TD information is necessary for the proper 8396), Conclusive Presumption of SUPPLEMENTARY INFORMATION: performance of the functions of the Title: Tax Treatment of Salvage and Worthlessness of Debts Held by Banks agency, including whether the (Section 1.166–2). Reinsurance. information shall have practical utility; OMB Number: 1545–1227. DATES: Written comments should be (b) the accuracy of the agency’s estimate Regulation Project Number: FI–104– received on or before April 13, 2009 to of the burden of the collection of 90. be assured of consideration. information; (c) ways to enhance the Abstract: Section 1.832–4(d) of this ADDRESSES: Direct all written comments quality, utility, and clarity of the regulation allows a nonlife insurance to R. Joseph Durbala, Internal Revenue information to be collected; (d) ways to company to increase unpaid losses on a Service, Room 6129, 1111 Constitution minimize the burden of the collection of yearly basis by the amount of estimated Avenue, NW., Washington, DC 20224. information on respondents, including salvage recoverable if the company FOR FURTHER INFORMATION CONTACT: through the use of automated collection discloses this to the state insurance Requests for additional information or techniques or other forms of information regulatory authority. copies of the regulations should be technology; and (e) estimates of capital Current Actions: There is no change to directed to Allan Hopkins at Internal or start-up costs and costs of operation, this existing regulation. Revenue Service, Room 6129, 1111 maintenance, and purchase of services Type of Review: Extension of a Constitution Avenue, NW., Washington, to provide information. currently approved collection. DC 20224, or at (202) 622–6665, or Approved: February 4, 2009. Affected Public: Business or other for- through the Internet at R. Joseph Durbala, profit organizations. [email protected]. Estimated Number of Respondents: IRS Reports Clearance Officer. 2,500. SUPPLEMENTARY INFORMATION: [FR Doc. E9–2948 Filed 2–11–09; 8:45 am] Title: Conclusive Presumption of Estimated Time per Respondent: 2 Worthlessness of Debts Held by Banks. BILLING CODE 4830–01–P hours. OMB Number: 1545–1254. Estimated Total Annual Burden Regulation Project Number: FI–34–91. Hours: 5,000. Abstract: Section 1.166–2(d)(3) of this DEPARTMENT OF THE TREASURY The following paragraph applies to all of the collections of information covered regulation allows a bank to elect to Internal Revenue Service determine the worthlessness of debts by by this notice: using a method of accounting that [FI–104–90] An agency may not conduct or conforms worthlessness for tax purposes sponsor, and a person is not required to to worthlessness for regulatory Proposed Collection; Comment respond to, a collection of information purposes, and establish a conclusive Request for Regulation Project unless the collection of information presumption of worthlessness. An AGENCY: Internal Revenue Service (IRS), displays a valid OMB control number. election under this regulation is treated Treasury. Books or records relating to a collection of information must be retained as long as a change in accounting method. ACTION: Notice and request for Current Actions: There is no change to as their contents may become material comments. these existing regulations. in the administration of any internal

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revenue law. Generally, tax returns and DATES: Written comments should be (a) Whether the collection of tax return information are confidential, received on or before April 13, 2009 to information is necessary for the proper as required by 26 U.S.C. 6103. be assured of consideration. performance of the functions of the Request for Comments: Comments ADDRESSES: Direct all written comments agency, including whether the submitted in response to this notice will to R. Joseph Durbala, Internal Revenue information shall have practical utility; be summarized and/or included in the Service, Room 6129, 1111 Constitution (b) the accuracy of the agency’s estimate request for OMB approval. All Avenue, NW., Washington, DC 20224. of the burden of the collection of information; (c) ways to enhance the comments will become a matter of FOR FURTHER INFORMATION CONTACT: quality, utility, and clarity of the public record. Comments are invited on: Requests for additional information or information to be collected; (d) ways to (a) Whether the collection of copies of the regulations should be minimize the burden of the collection of information is necessary for the proper directed to Allan Hopkins at Internal information on respondents, including performance of the functions of the Revenue Service, Room 6129, 1111 through the use of automated collection agency, including whether the Constitution Avenue, NW., Washington, techniques or other forms of information information shall have practical utility; DC 20224, or at (202) 622–6665, or technology; and (e) estimates of capital (b) the accuracy of the agency’s estimate through the Internet at or start-up costs and costs of operation, of the burden of the collection of [email protected]. information; (c) ways to enhance the maintenance, and purchase of services quality, utility, and clarity of the SUPPLEMENTARY INFORMATION: to provide information. information to be collected; (d) ways to Title: Clear Reflection of Income in Approved: February 4, 2009. the Case of Hedging Transactions. minimize the burden of the collection of R. Joseph Durbala, information on respondents, including OMB Number: 1545–1412. Regulation IRS Reports Clearance Officer. through the use of automated collection Project Number: FI–54–93. [FR Doc. E9–2950 Filed 2–11–09; 8:45 am] techniques or other forms of information Abstract: This regulation provides technology; and (e) estimates of capital guidance to taxpayers regarding when BILLING CODE 4830–01–P or start-up costs and costs of operation, gain or loss from common business maintenance, and purchase of services hedging transactions is recognized for DEPARTMENT OF THE TREASURY to provide information. tax purposes and requires that the books Approved: February 4, 2009. and records maintained by a taxpayer Office of Thrift Supervision disclose the method or methods used to R. Joseph Durbala, account for different types of hedging Suburban Federal Savings Bank IRS Reports Clearance Officer. transactions. Crofton, MD; Notice of Appointment of [FR Doc. E9–2949 Filed 2–11–09; 8:45 am] Current Actions: There is no change to Receiver BILLING CODE 4830–01–P this existing regulation. Type of Review: Extension of a Notice is hereby given that, pursuant currently approved collection. to the authority contained in section DEPARTMENT OF THE TREASURY Affected Public: Business or other for- 5(d)(2) of the Home Owners’ Loan Act, profit organizations. the Office of Thrift Supervision has duly Internal Revenue Service appointed the Federal Deposit Insurance Estimated Number of Respondents: Corporation as sole Receiver for 110,000. [FI–54–93] Suburban Federal Savings Bank, Estimated Time per Respondent: 12 Crofton, Maryland (OTS No. 05875). Proposed Collection; Comment minutes. Dated: January 30, 2009. Request for Regulation Project Estimated Total Annual Burden Hours: 22,000. By the Office of Thrift Supervision. AGENCY: Internal Revenue Service (IRS), The following paragraph applies to all Sandra E. Evans, Treasury. of the collections of information covered Federal Register Liaison. ACTION: Notice and request for by this notice: [FR Doc. E9–2936 Filed 2–11–09; 8:45 am] comments. An agency may not conduct or BILLING CODE 6720–01–M sponsor, and a person is not required to SUMMARY: The Department of the respond to, a collection of information Treasury, as part of its continuing effort unless the collection of information DEPARTMENT OF THE TREASURY to reduce paperwork and respondent displays a valid OMB control number. burden, invites the general public and Books or records relating to a collection Office of Thrift Supervision other Federal agencies to take this of information must be retained as long [AC–28 OTS Nos. 0373 and 114566] opportunity to comment on proposed as their contents may become material and/or continuing information in the administration of any internal Newton County Loan and Savings, collections, as required by the revenue law. Generally, tax returns and FSB, Goodland, IN; Approval of Paperwork Reduction Act of 1995, tax return information are confidential, Conversion Application Public Law 104–13 (44 U.S.C. as required by 26 U.S.C. 6103. 3506(c)(2)(A)). Currently, the IRS is Request for Comments: Comments Notice is hereby given that on January soliciting comments concerning an submitted in response to this notice will 8, 2009, the Office of Thrift Supervision existing final regulation, FI–54–93 (TD be summarized and/or included in the approved the application of Newton 8554), Clear Reflection of Income in the request for OMB approval. All County Loan and Savings, FSB, Case of Hedging Transactions (§ 1.146– comments will become a matter of Goodland, Indiana, to convert to the 4(d)). public record. Comments are invited on: stock form of organization.

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Copies of the application are available Washington, DC 20552, and the OTS By the Office of Thrift Supervision. for inspection by appointment (phone Central Regional Office, One South Sandra E. Evans, number: (202) 906–5922 or e-mail: Wacker Drive, Suite 2000, Chicago, Federal Register Liaison. [email protected]) at the Public Illinois 60606. [FR Doc. E9–2935 Filed 2–11–09; 8:45 am] Reading Room, 1700 G Street, NW., Dated: February 5, 2009. BILLING CODE 6720–01–M

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Part II

Department of State Department of Commerce National Oceanic and Atmospheric Administration

New and Revised Conservation and Management Measures and Resolutions for Antarctic Marine Living Resources Under the Auspices of CCAMLR; Notice

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DEPARTMENT OF STATE www.ccamlr.org. This notice, therefore, Conservation Measure 42–01 (2007) together with the U.S. regulations lapsed on November 14, 2008. All of DEPARTMENT OF COMMERCE referenced under the SUPPLEMENTARY these conservation measures dealt with INFORMATION, provides a comprehensive fishery-related matters for the 2007/08 National Oceanic and Atmospheric register of all current U.S. obligations season and are replaced by new Administration under CCAMLR. measures mentioned below. RIN 0648–XM35 DATES: Persons wishing to comment on The following unchanged the measures or desiring more conservation measures and resolutions New and Revised Conservation and information should submit written will remain in force in 2008/09: Management Measures and comments by March 16, 2009. Compliance: 10–01 (1998), 10–04 Resolutions for Antarctic Marine Living FOR FURTHER INFORMATION CONTACT: (2007) and 10–08 (2006). Resources Under the Auspices of Robert Gorrell, Office of Sustainable General fishery matters: 21–02 (2006), CCAMLR Fisheries, Room 13463, 1315 East-West 22–01 (1986), 22–02 (1984), 22–03 (1990), 22–04 (2006), 23–01 (2005), 23– AGENCIES: Highway, SSMC3, NMFS, Silver Spring, Office of Ocean Affairs, 02 (1993), 23–03 (1991), 23–04 (2000), Department of State and National MD 20910; tel: 301–713–2341; fax: 301– 23–05 (2000), 23–06 (2007) and 25–03 Marine Fisheries Service (NMFS), 713–1193; e-mail (2003). National Oceanic and Atmospheric [email protected]. Fishery regulations: 31–01 (1986), 31– Administration (NOAA), Commerce. SUPPLEMENTARY INFORMATION: 02 (2007), 32–01 (2001), 32–02 (1998), ACTION: Notice. Individuals interested in CCAMLR should also see 15 CFR Chapter III— 32–03 (1998), 32–04 (1986), 32–05 SUMMARY: At its Twenty-Seventh International Fishing and Related (1986), 32–06 (1985), 32–07 (1999), 32– Meeting in Hobart, Tasmania, from Activities, Part 300—International 08 (1997), 32–10 (2002), 32–11 (2002), October 27 to November 7, 2008, the Fishing Regulations, Subpart A— 32–12 (1998), 32–13 (2003), 32–14 Commission for the Conservation of General; Subpart B—High Seas (2003), 32–15 (2003), 32–16 (2003), 32– Antarctic Marine Living Resources Fisheries; and Subpart G—Antarctic 17 (2003), 32–18 (2006) and 33–01 (CCAMLR), of which the United States Marine Living Resources, for other (1995). is a member, adopted conservation and regulatory measures related to Protected areas: 91–01 (2004) and 91– management measures and resolutions, conservation and management in the 02 (2004). pending countries’ approval, pertaining CCAMLR Convention area. Subpart B Resolutions: 7/IX, 10/XII, 14/XIX, 15/ to fishing in the CCAMLR Convention notes the requirements for high seas XXII, 16/XIX, 17/XX, 18/XXI, 19/XXI, Area. All the measures were agreed fishing vessel licensing. Subparts A and 20/XXII, 21/XXIII, 22/XXV, 23/XXIII, upon in accordance with Article IX of G describe the process for regulating 25/XXV and 26/XXVI. the Convention for the Conservation of U.S. fishing in the CCAMLR Convention The full text of all but three of these Antarctic Marine Living Resources area, which NMFS uses to implement unchanged conservation measures and (Convention). Measures adopted restrict CCAMLR Conservation Measures that all but one of the resolutions was overall catches of certain species of are not expected to change from year to published in the January 29, 2007 finfish, squid, krill and crabs, restrict year. The regulations in Subpart G Federal Register (72 FR 4068). The full fishing in certain areas, restrict use of include sections on: Purpose and scope; text of Conservation Measures 10–04, certain fishing gear, specify Definitions; Relationship to other 23–06, and 31–02 was published in the implementation and inspection treaties, conventions, laws, and December 21, 2007 Federal Register (72 obligations supporting the Catch regulations; Procedure for according FR 72826). The full text of Resolution Documentation Scheme of Contracting protection to CCAMLR Ecosystem 26/XXVI was also published in the Parties, promote compliance with Monitoring Program Sites; Scientific December 21, 2007 Federal Register (72 CCAMLR measures by non-Contracting Research; Initiating a new fishery; FR 72826). Party vessels, and require vessels Exploratory fisheries; Reporting and The Commission revised the engaged in bottom fishing to report data recordkeeping requirements; Vessel and following conservation measures: on benthic organisms recovered by their gear identification; Gear disposal; Mesh Compliance: gear. This notice includes the full text size; Harvesting permits; Scientific CM 10–02 (2007) was revised as 10–02 of the new and revised conservation observers; Dealer permits and (2008) 12 measures adopted at the Twenty- preapproval; Appointment of a Licensing and inspection obligations Seventh meeting of CCAMLR. This designated representative; Requirements of Contracting Parties with regard to notice also includes a listing of for a vessel monitoring system; their flag vessels operating in the conservation measures that carry over Prohibitions; Facilitation of enforcement Convention Area from last year without change. The full and inspection; and Penalties. CM 10–03 (2005) was revised as 10–03 text of these measures was published in Review of existing conservation (2008) 12 the Federal Register on January 29, measures and resolutions (the date in Port inspection of vessels carrying 2007, except for Conservation Measures parenthesis indicates the last year in toothfish 10–04, 23–06, and 31–02 for which full which the measure was amended by CM 10–05 (2006) was revised as 10–05 text was published in the Federal CCAMLR): (2008) Register on December 21, 2007. NMFS The Commission noted that the Catch Documentation Scheme for suggests that the public view these following conservation measures would Dissostichus spp. measures along with the measures lapse on November 30, 2008: 32–09 CM 10–06 (2006) was revised as 10–06 contained in this Federal Register (2007), 33–02 (2007), 33–03 (2007), 41– (2008) notice for a complete listing of all the 01 (2007), 41–03 (2006), 41–04 (2007), Scheme to promote compliance by measures adopted by CCAMLR at its 41–05 (2007), 41–06 (2007), 41–07 Contracting Party vessels with recent meeting. The full text of all (2007), 41–09 (2007), 41–10 (2007), 41– CCAMLR conservation measures measures adopted by CCAMLR can be 11 (2007), 42–02 (2007), 52–01 (2007), CM 10–07 (2006) was revised as 10–07 found on CCAMLR’s Web site—http:// 52–02 (2007) and 61–01 (2007). (2008)

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Scheme to promote compliance by In addition, the Commission adopted Limits on the exploratory fishery for non-Contracting Party vessels with 22 new conservation measures and two Dissostichus spp. in Statistical CCAMLR conservation measures new resolutions: Subarea 88.1 in the 2008/09 season General fisheries matters: Compliance: Finfish Fisheries—Toothfish: CM 41–10 CM 21–01 (2006) was revised as 21–01 CM 10–09 (2008) (2008) Limits on the exploratory fishery for (2008) 12 Notification system for transhipments Notification that Members are within the Convention Area Dissostichus spp. in Statistical considering initiating a new fishery General fisheries matters: Subarea 88.2 in the 2008/09 season Finfish Fisheries—Toothfish: CM 41–11 CM 21–03 (2007) was revised as 21–03 Gear Regulations: CM 22–07 (2008) 12 (2008) (2008) Interim measure for bottom fishing Limits on the exploratory fishery for Notifications of intent to participate activities subject to Conservation Dissostichus spp. in Statistical in a fishery for Euphausia superba Measure 22–06 encountering Division 58.4.1 in the 2008/09 CM 22–05 (2006) was revised as 22–05 potential vulnerable marine season (2008) ecosystems in the Convention Area Finfish Fisheries—Icefish: CM 42–01 Restrictions on the use of bottom Fishery regulations: (2008) trawling gear in high-seas areas of Fishing Seasons, Closed Areas and Limits on the fishery for the Convention Area Prohibition of Fishing: CM 32–09 Champsocephalus gunnari in CM 22–06 (2007) was revised as 22–06 (2008) Statistical Subarea 48.3 in the 2008/ 12 (2008) Prohibition of directed fishing for 09 season Bottom fishing in the Convention Dissostichus spp. except in Finfish Fisheries—Icefish: CM 42–02 Area accordance with specific (2008) CM 24–01 (2005) was revised as 24–01 conservation measures in the 2008/ Limits on the fishery for 12 (2008) 09 season Champsocephalus gunnari in The application of conservation By-catch Limits: CM 33–02 (2008) Statistical Division 58.5.2 in the measures to scientific research Limitation of by-catch in Statistical 2008/09 season CM 24–02 (2005) was revised as 24–02 Division 58.5.2 in the 2008/09 Krill: CM 51–04 (2008) (2008) season General measure for exploratory Longline weighting for seabird By-catch Limits: CM 33–03 (2008) 12 fisheries for Euphausia superba in conservation Limitation of by-catch in new and the Convention Area in the 2008/09 CM 25–02 (2007) was revised as 25–02 exploratory fisheries in the 2008/09 season (2008) 12 season Krill: CM 51–05 (2008) Minimisation of the incidental Finfish Fisheries—Toothfish: CM 41–01 Limits on the exploratory fisheries for mortality of seabirds in the course (2008) 12 Euphausia superba in Statistical of longline fishing or longline General measures for exploratory Subarea 48.6 in the 2008/09 season fishing research in the Convention fisheries for Dissostichus spp. in the Crustacean Fisheries—Crab: CM 52–01 Area Convention Area in the 2008/09 (2008) CM 26–01 (2006) was revised as 26–01 season Limits on the fishery for crab in (2008) 12 Finfish Fisheries—Toothfish: CM 41–03 Statistical Subarea 48.3 in the 2008/ General environmental protection (2008) 09 season during fishing Limits on the fishery for Dissostichus Crustacean Fisheries—Crab: CM 52–02 Fishery regulations: spp. in Statistical Subarea 48.4 in (2008) the 2008/09 season Limits on the exploratory fishery for Toothfish: CM 41–02 (2007) was revised Finfish Fisheries—Toothfish: CM 41–04 as 41–02 (2008) crab in Statistical Subarea 48.2 in (2008) the 2008/09 season Limits on the fishery for Dissostichus Limits on the exploratory fishery for eleginoides in Statistical Subarea Crustacean Fisheries—Crab: CM 52–03 Dissostichus spp. in Statistical (2008) 48.3 in the 2007/08 and 2008/09 Subarea 48.6 in the 2008/09 season seasons Limits on the exploratory fishery for Finfish Fisheries—Toothfish: CM 41–05 crab in Statistical Subarea 48.4 in Toothfish: CM 41–08 (2007) was revised (2008) as 41–08 (2008) the 2008/09 season Limits on the exploratory fishery for Mollusc Fisheries—Squid: CM 61–01 Limits on the fishery for Dissostichus Dissostichus spp. in Statistical eleginoides in Statistical Division (2008) Division 58.4.2 in the 2008/09 Limits on the exploratory fishery for 58.5.2 in the 2007/08 and 2008/09 season Martialia hyadesi in Statistical seasons Finfish Fisheries—Toothfish: CM 41–06 Subarea 48.3 in the 2008/09 season Krill: CM 51–01 (2007) was revised as (2008) 51–01 (2008) Limits on the exploratory fishery for 1 Except for waters adjacent to the Precautionary catch limitations on Kerguelen Islands and Crozet Islands. Dissostichus spp. on Elan Bank 2 Euphausia superba in Statistical (Statistical Division 58.4.3a) outside Except for waters adjacent to the Prince Edward Islands. Subareas 48.1, 48.2, 48.3 and 48.4 areas of national jurisdiction in the Krill: CM 51–02 (2006) was revised as 2008/09 season Under Article IX(6)(c) of the 51–02 (2008) Finfish Fisheries—Toothfish: CM 41–07 Convention, the United States has 90 Precautionary catch limitation on (2008) days after the November 12, 2008, Euphausia superba in Statistical Limits on the exploratory fishery for notification by the Commission to Division 58.4.1 Dissostichus spp. on BANZARE consider the Conservation Measures Krill: CM 51–03 (2007) was revised as Bank (Statistical Division 58.4.3b) agreed to at the Twenty-Seventh 51–03 (2008) outside areas of national Meeting of CCAMLR and respond to the Precautionary catch limitation on jurisdiction in the 2008/09 season Secretariat of CCAMLR that we are Euphausia superba in Statistical Finfish Fisheries—Toothfish: CM 41–09 unable to accept a Conservation Division 58.4.2 (2008) Measure(s).

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Resolutions: and its conservation measures, by time periods authorised for fishing (start Resolution 27/XXVII (Use of a specific requiring from each vessel, inter alia, and end dates), area(s) of fishing, tariff classification for Antarctic the following: species targeted and gear used; krill) (i) Timely notification by the vessel to (iii) Previous flag (if any) 6 Resolution 28/XXVIII (Ballast water its Flag State of exit from and entry into (iv) International Radio Call Sign; exchange in the Convention Area) any port; (v) Name and address of vessel’s Other: (ii) Notification by the vessel to its owner(s), and any beneficial owner(s) if CCAMLR Members also adopted Flag State of entry into the Convention known; substantive amendments to CCAMLR’s Area and movement between areas, (vi) Name and address of licence Scheme of International Scientific subareas/divisions; owner (if different from vessel Observation (note: the CCAMLR Scheme (iii) Reporting by the vessel of catch owner(s)); of observation is not a Conservation data in accordance with CCAMLR (vii) Type of vessel; Measure so the text of the modified requirements; (viii) Where and when built; Scheme is not published here). The (iv) Reporting, where possible as set (ix) Length (m); (x) High-resolution colour CCAMLR Scheme of observation will be out in Annex 10–02/A by the vessel of 4 photographs of the vessel of appropriate incorporated into the ‘‘Scientific sightings of fishing vessels in the brightness and contrast 8 which shall Observers Manual’’ (Manual) which Convention Area; consist of: details proper implementation of the (v) Operation of a VMS system on board the vessel in accordance with • One photograph not smaller than 12 program. Each approved observer × 7 cm showing the starboard side of the receives the current Manual from Conservation Measure 10–04; (vi) Noting the International vessel displaying its full overall length NMFS. Scientific observers must meet Management Code for the Safe and complete structural features; all sampling protocols and other Operation of Ships and for Pollution • One photograph not smaller than 12 requirements of the Manual. The Prevention (International Safety × 7 cm showing the port side of the complete text of the CCAMLR Scheme Management Code), from 1 December vessel displaying its full overall length of observation is included in Section 1 2009: and complete structural features; of the Manual. (a) Adequate communication • One photograph not smaller than 12 CCAMLR Members also adopted a equipment (including MF/HF radio and × 7 cm showing the stern taken directly policy to enhance cooperation between carriage of at least one 406MHz EPIRB) from astern; CCAMLR and Non-Contracting Parties, and trained operators on board. (xi) Where applicable, in accordance to ensure effectiveness of CCAMLR Wherever possible, vessels should be with Conservation Measure 10–04, Conservation measures, and to eliminate fitted with Global Maritime Distress and details of the implementation of the IUU fishing. This policy does not take Safety System (GMDSS) equipment; tamper-proof requirements of the the form of a Conservation Measure and (b) Sufficient immersion survival suits satellite monitoring device installed on so it also is not published here. for all on board; board. For further information, see the (c) Adequate arrangements to handle 5. Each Contracting Party shall, to the CCAMLR Web site at http:// medical emergencies that may arise in extent practicable, also provide to the www.ccamlr.org under Publications for the course of the voyage; Secretariat at the same time as the Schedule of Conservation Measures (d) Reserves of food, fresh water, fuel submitting information in accordance in Force (2008/2009), or contact the and spare parts for critical equipment to with paragraph 4, the following Commission at the CCAMLR Secretariat, provide for unforseen delays and additional information in respect to P.O. Box 213, North Hobart, Tasmania besetment; each fishing vessel licensed: 7002, Australia. Tel: (61) 3–6210–1111). (e) An approved 5 Shipboard Oil (i) Name and address of operator, if Conservation Measures and Resolutions Pollution Emergency Plan (SOPEP) different from vessel owners; Adopted at CCAMLR–XXVII outlining marine pollution mitigation (ii) Names and nationality of master arrangements (including insurance) in and, where relevant, of fishing master; Conservation Measure 10–02 (2008) 12 the event of a fuel or waste spill. (iii) Type of fishing method or Licensing and inspection obligations of 3. Each Contracting Party shall methods; Contracting Parties with regard to provide to the Secretariat within seven (iv) Beam (m); (v) Gross registered tonnage; their flag vessels operating in the days of the issuance of each licence the following information about licences (vi) Vessel communication types and Convention Area numbers (INMARSAT A, B and C (Species: all; Area: all; Season: all; issued: • numbers); Gear: all) Name of the vessel • Time periods authorised for fishing (vii) Normal crew complement; 1. Each Contracting Party shall (start and end dates) (viii) Power of main engine or engines prohibit fishing by its flag vessels in the • Area(s), subareas or divisions of (kW); Convention Area except pursuant to a fishing (ix) Carrying capacity (tonnes), licence 3 that the Contracting Party has • Species targeted number of fish holds and their capacity issued setting forth the specific areas, • Gear used. (m3); species and time periods for which such 4. Each Contracting Party shall (x) Any other information in respect fishing is authorised and all other provide to the Secretariat within seven of each licensed vessel they consider specific conditions to which the fishing days of the issuance of each licence the appropriate (e.g. ice classification) for is subject to give effect to CCAMLR following information about licences the purposes of the implementation of conservation measures and issued: the conservation measures adopted by requirements under the Convention. (i) Name of fishing vessel (any the Commission. 2. A Contracting Party may only issue previous names if known) 6, registration 6. Contracting Parties shall such a licence to fish in the Convention number 7, IMO number (if issued), communicate without delay to the Area to vessels flying its flag, if it is external markings and port of registry; Secretariat any change to any of the satisfied of its ability to exercise its (ii) The nature of the authorisation to information submitted in accordance responsibilities under the Convention fish granted by the Flag State, specifying with paragraphs 3, 4 and 5.

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7. The Executive Secretary shall place (e) Photographs of the vessel to and, if necessary, apply appropriate a list of licensed vessels on the public support the report. sanctions in accordance with national section of the CCAMLR Web site. (f) Any other relevant information legislation. 8. The licence or an authorised copy regarding the observed activities of the 4. Contracting Parties shall promptly of the licence must be carried by the sighted vessel. provide the Secretariat with a report on fishing vessel and must be available for 2. The master shall forward a report the outcome of each inspection inspection at any time by a designated containing the information referred to in conducted under this conservation CCAMLR inspector in the Convention paragraph 1 to their Flag State as soon measure. In respect of any vessels Area. as possible. The Flag State shall submit denied port access or permission to land 9. Each Contracting Party shall verify, to the Secretariat any such reports that or tranship Dissostichus spp., the through inspections of all of its fishing meet the criteria of paragraph 3 of Secretariat shall promptly convey such vessels at the Party’s departure and Conservation Measure 10–06 or reports to all Contracting Parties and to arrival ports, and where appropriate, in paragraph 8 of Conservation Measure all non-Contracting Parties cooperating its Exclusive Economic Zone, their 10–07. with the Commission by participating in compliance with the conditions of the 3. The Secretariat shall use such the Catch Documentation Scheme for reports for compiling estimates of IUU licence as described in paragraph 1 and Dissostichus spp. (CDS). activities. with the CCAMLR conservation 1 Except for waters adjacent to the measures. In the event that there is Conservation Measure 10–03 (2008) 123 Kerguelen and Crozet Islands. 2 evidence that the vessel has not fished Port inspections of vessels carrying Except for waters adjacent to the Prince in accordance with the conditions of its Edward Islands. toothfish 3 licence, the Contracting Party shall Excluding by-catches of Dissostichus spp. (Species: toothfish; Area: all; Season: by trawlers fishing on the high seas outside investigate the infringement and, if all; Gear: all) the Convention Area. A by-catch shall be necessary, apply appropriate sanctions 1. Contracting Parties shall undertake defined as no more than 5% of total catch of in accordance with its national inspections of all fishing vessels 4 all species and no more than 50 tonnes for legislation. carrying Dissostichus spp. which enter an entire fishing trip by a vessel. 4 10. Each Contracting Party shall their ports. The inspection shall be for For the purposes of this conservation measure, ‘fishing vessel’ means any vessel of include in its annual report pursuant to the purpose of determining that if the paragraph 12 of the CCAMLR System of any size used for, equipped to be used for, vessel carried out harvesting activities or intended for use for the purposes of Inspection, steps it has taken to in the Convention Area, these activities fishing or fishing related activities, including implement and apply this conservation were carried out in accordance with support ships, fish processing vessels, vessels measure; and may include additional CCAMLR conservation measures, and engaged in transhipment and carrier vessels measures it may have taken in relation that if it intends to land or tranship equipped for the transportation of fishery to its flag vessels to promote the Dissostichus spp. the catch to be products except container vessels and effectiveness of CCAMLR conservation unloaded or transhipped is excluding Members’ marine science research measures. vessels. accompanied by a Dissostichus catch In relation to only carrier vessels equipped 1 Except for waters adjacent to the document required by Conservation for transportation of fishery products, Kerguelen and Crozet Islands. Measure 10–05 and that the catch agrees Contracting Parties shall conduct a 2 Except for waters adjacent to the Prince with the information recorded on the preliminary assessment of the relevant Edward Islands. document. documentation. If that assessment raises 3 Includes permit and authorisation. 2. To facilitate these inspections, concerns regarding compliance with 4 Including support vessels such as reefer Contracting Parties shall require vessels CCAMLR conservation measures, an vessels. to provide advance notice of their entry inspection according to the provisions of this 5 Shipboard Oil Pollution Emergency Plan conservation measure shall be required. to be approved by the Maritime Safety into port and to convey a written Authority of the Flag State. declaration that they have not engaged Conservation Measure 10–05 (2008) 6 In respect of any vessel reflagged within in or supported illegal, unreported and Catch Documentation Scheme for the previous 12 months, any information on unregulated (IUU) fishing in the Dissostichus spp. the details of the process of (reasons for) Convention Area. The inspection shall (Species: toothfish; Area: all; Season: previous deregistration of the vessel from be conducted within 48 hours of port all; Gear: all) other registries, if known. entry and shall be carried out in an The Commission, 7 National registry number. expeditious fashion. It shall impose no 8 Concerned that illegal, unreported All photographs shall be of sufficient undue burdens on the vessel or its crew, quality to enable clear identification of the and unregulated (IUU) fishing for vessel. and shall be guided by the relevant Dissostichus spp. in the Convention provisions of the CCAMLR System of Area threatens serious depletion of Annex 10–02/A Inspection. Vessels which either declare populations of Dissostichus spp., Reporting of Vessel Sightings that they have been involved in IUU Aware that IUU fishing involves fishing or fail to make a declaration significant by-catch of some Antarctic 1. In the event that the master of a shall be denied port access, other than species, including endangered albatross, licensed fishing vessel sights a fishing for emergency purposes. Noting that IUU fishing is 4 vessel within the Convention Area, the 3. In the event that there is evidence inconsistent with the objective of the master shall document as much that the vessel has fished in Convention and undermines the information as possible on each such contravention of CCAMLR conservation effectiveness of CCAMLR conservation sighting, including: measures, the catch shall not be landed measures, (a) Name and description of the or transhipped. The Contracting Party Underlining the responsibilities of vessel. will inform the Flag State of the vessel Flag States to ensure that their vessels (b) Vessel call sign. of its inspection findings and will conduct their fishing activities in a (c) Registration number and the cooperate with the Flag State in taking responsible manner, Lloyds/IMO number of the vessel. such appropriate action as is required to Mindful of the rights and obligations (d) Flag State of the vessel. investigate the alleged infringement of Port States to promote the

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effectiveness of regional fishery territory under the control of the State vessels which intend to harvest conservation measures, or free trade zone of landing, or, where Dissostichus spp., including on the high Aware that IUU fishing reflects the that State or free trade zone forms part seas outside the Convention Area, are high value of, and resulting expansion of a customs union, any other member provided with specific authorisation to in markets for and international trade State of that customs union. do so. Each Contracting Party shall in, Dissostichus spp., (iv) Import: The physical entering or provide DCD forms to each of its flag Recalling that Contracting Parties bringing of a catch into any part of the vessels authorised to harvest have agreed to introduce classification geographical territory under the control Dissostichus spp. and only to those codes for Dissostichus spp. at a national of a State, except where the catch is vessels. level, landed or transhipped within the 6. A non-Contracting Party seeking to Recognising that the implementation definitions of ‘landing’ or cooperate with CCAMLR by of a Catch Documentation Scheme for ‘transhipment’ in this conservation participating in this scheme may issue Dissostichus spp. (CDS) will provide the measure. DCD forms, in accordance with the Commission with essential information (v) Re-export: Any movement of a procedures specified in paragraphs 8 necessary to provide the precautionary catch in its harvested or processed form and 9, to any of its flag vessels that management objectives of the from territory under the control of a intend to harvest Dissostichus spp. Convention, State, free trade zone, or member State 7. Non-Contracting Parties which are Committed to take steps, consistent of a customs union of import unless that involved in the trade of Dissostichus with international law, to identify the State, free trade zone, or any member spp. are encouraged to approach the origins of Dissostichus spp. entering the State of that customs union of import is CCAMLR Secretariat with requests for markets of Contracting Parties and to the first place of import, in which case assistance. Proposals must demonstrate determine whether Dissostichus spp. the movement is an export within the how any specific assistance requested harvested in the Convention Area that is definition of ‘export’ in this will help to combat IUU fishing in the imported into their territories was conservation measure. Convention Area. Such requests will be caught in a manner consistent with (vi) Transhipment: The transfer of a considered by the Commission at its CCAMLR conservation measures, catch in its harvested or processed form annual meeting. The procedure Wishing to reinforce the conservation from a vessel to another vessel or means regarding cooperation with CCAMLR in measures already adopted by the of transport, and, where such transfer the implementation of the CDS by non- Commission with respect to takes place within the territory under Contracting Parties involved in the trade Dissostichus spp., the control of a Port State, for the of Dissostichus spp. is set out in Annex Further recognising the importance of purpose of effecting its removal from 10–05/C. enhancing cooperation with non- that State. For the avoidance of doubt, 8. The DCD shall include the Contracting Parties to help prevent, temporarily placing a catch on land or following information: deter and eliminate IUU fishing in the an artificial structure to facilitate such (i) The name, address, telephone and Convention Area, transfer shall not prevent the transfer fax numbers of the issuing authority; Acknowledging that the Commission from being a transhipment where the (ii) The name, home port, national has adopted a policy to enhance catch is not ‘landed’ within the registry number and call sign of the cooperation between CCAMLR and non- definition of ‘landing’ in this vessel and, if issued, its IMO/Lloyd’s Contracting Parties, conservation measure. registration number; Inviting non-Contracting Parties 2. Each Contracting Party shall take (iii) The reference number of the whose vessels fish for Dissostichus spp. steps to identify the origin of licence or permit, whichever is to participate in the CDS, Dissostichus spp. imported into or applicable, that is issued to the vessel; hereby adopts the following exported from its territories and to (iv) The weight of each Dissostichus conservation measure in accordance determine whether Dissostichus spp. species landed or transhipped by with Article IX of the Convention: harvested in the Convention Area that is product type, and 1. The following definitions are imported into or exported from its (a) By CCAMLR statistical subarea or intended only for the purposes of the territories was caught in a manner division if caught in the Convention completion of CDS documents and shall consistent with CCAMLR conservation Area; and/or be applied as stated regardless of measures. (b) By FAO statistical area, subarea or whether such actions as landings, 3. Each Contracting Party shall require division if caught outside the transhipments, imports, exports or re- that each master or authorised Convention Area; exports constitute the same under any representative of its flag vessels (v) The dates within which the catch CDS participant’s customs law or other authorised to engage in harvesting of was taken; domestic legislation: Dissostichus eleginoides and/or (vi) The date and the port at which (i) Port State: The State that has Dissostichus mawsoni complete a the catch was landed or the date and the control over a particular port area or free Dissostichus catch document (DCD) for vessel, its flag and national registry trade zone for the purposes of landing, the catch landed or transhipped on each number, to which the catch was transhipment, importing, exporting and occasion that it lands or tranships transhipped; re-exporting and whose authority serves Dissostichus spp. (vii) The name, address, telephone as the authority for landing or 4. Each Contracting Party shall require and fax numbers of the recipient(s) of transhipment certification. that each landing of Dissostichus spp. at the catch and the amount of each (ii) Landing: The initial transfer of its ports and each transhipment of species and product type received. catch in its harvested or processed form Dissostichus spp. to its vessels be 9. Procedures for completing DCDs in from a vessel to dockside or to another accompanied by a completed DCD. The respect of vessels are set forth in vessel in a port or free trade zone where landing of Dissostichus spp. without a paragraphs A1 to A10 of Annex 10–05/ the catch is certified by an authority of catch document is prohibited. A to this measure. the Port State as landed. 5. Each Contracting Party shall, in 10. Each Contracting Party shall (iii) Export: Any movement of a catch accordance with their laws and require that each shipment of in its harvested or processed form from regulations, require that their flag Dissostichus spp. imported into or

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exported or re-exported from its 15. Each Contracting Party shall spp. into the CDS Fund created by the territory be accompanied by the export/ promptly provide by the most rapid Commission or into a national fund re-export document. The import, export electronic means, copies to the which promotes achievement of the or re-export of Dissostichus spp. CCAMLR Secretariat of all export objectives of the Convention. In without an export/re-export document documents and, where relevant, addition, Contracting Parties may offer is prohibited. validated re-export documents that it voluntary contributions to support the 11. An export/re-export document issued from and received into its CDS Fund and its related activities. A issued in respect of a vessel is one that: territory and shall submit annually to Contracting Party may, consistent with (i) Includes all relevant information the Secretariat a summary list of its domestic legislation, decline to and signatures provided in accordance documents issued from or received into provide a market for toothfish offered with paragraphs A1 to A11 of Annex its territory in respect of transhipments, for sale with a SVDCD by another State. 10–05/A to this measure; landings, exports, re-exports and Provisions concerning the uses of the (ii) Includes a signed and stamped imports. The list shall include: CDS Fund are found in Annex 10–05/ certification by a responsible official of document identification numbers; date B. the exporting State of the accuracy of of landing, export, re-export, import; 1 the information contained in the Excluding by-catches of Dissostichus spp. weights landed, exported, re-exported or by trawlers fishing on the high seas outside document. imported. the Convention Area. A by-catch shall be 12. The standard documents for catch, 16. Each Contracting Party, and any defined as no more than 5% of total catch of export and re-export documents are non-Contracting Party that issues DCDs all species and no more than 50 tonnes for attached to Annex 10–05/A as follows: in respect of its flag vessels in an entire fishing trip by a vessel. (i) Attachment 1 contains the standard accordance with paragraph 6, shall catch document (which also includes inform the CCAMLR Secretariat of the Annex 10–05/A provision for export) and the standard government authority or authorities A1. Each Flag State shall ensure that form for re-export which are to be used (including names, addresses, phone and each Dissostichus catch document form until 31 May 2009; fax numbers and e-mail addresses) that it issues includes a specific (ii) Attachment 2 contains the responsible for issuing and validating identification number consisting of: standard catch document and the DCDs. (i) A four-digit number, consisting of standard form for export/re-export 17. Notwithstanding the above, any the two-digit International Standards which are to be used from 1 June 2009. Contracting Party, or any non- Organization (ISO) country code plus Until 31 May 2009: Contracting Party participating in the the last two digits of the year for which (i) All references in this conservation CDS, may require additional verification the form is issued; measure and its annex to the export/re- of catch documents by Flag States by (ii) A three-digit sequence number export document, with respect to using, inter alia, VMS, in respect of (beginning with 001) to denote the order exporting, shall be read as referring to catches 1 taken on the high seas outside in which catch document forms are the export section of the standard catch the Convention Area, when landed at, issued. document in Attachment 1; imported into or exported from its It shall also enter on each (ii) All references in this conservation territory. Dissostichus catch document form the measure and its annex to the export/re- 18. If, following an examination under number as appropriate of the licence or export document, with respect to re- paragraph 13, questions under permit issued to the vessel. exporting, shall be read as referring to paragraph 14 or requests for additional A2. The master of a vessel which has the standard form for re-export in verification of documents under been issued a Dissostichus catch Attachment 1. paragraph 17, it is determined, after document form or forms shall adhere to 13. Each Contracting Party shall consultation with the States concerned, the following procedures prior to each ensure that its customs government that a catch document is invalid, the landing or transhipment of Dissostichus authorities or other appropriate import, export or re-export of spp.: government officials request and Dissostichus spp. being the subject of (i) The master shall ensure that the examine the documentation of each the document is prohibited. information specified in paragraph 8 of shipment of Dissostichus spp. imported 19. If a Contracting Party participating this conservation measure is accurately into or exported from its territory to in the CDS has cause to sell or dispose recorded on the Dissostichus catch verify that it includes the export of seized or confiscated Dissostichus document form; document and, where appropriate, spp., it may issue a Specially Validated (ii) If a landing or transhipment validated re-export document(s) that Dissostichus Catch Document (SVDCD) includes catch of both Dissostichus spp., account for all the Dissostichus spp. specifying the reasons for that the master shall record on the contained in the shipment. These validation. The SVDCD shall include a Dissostichus catch document form the officials may also examine the content statement describing the circumstances total amount of the catch landed or of any shipment to verify the under which confiscated fish are transhipped by weight of each species; information contained in the catch moving in trade. To the extent (iii) If a landing or transhipment document or documents. practicable, Parties shall ensure that no includes catch of Dissostichus spp. 14. If, as a result of an examination financial benefit arising from the sale of taken from different statistical subareas referred to in paragraph 13 above, a seized or confiscated catch accrue to the and/or divisions, the master shall record question arises regarding the perpetrators of IUU fishing. If a on the Dissostichus catch document information contained in a DCD or a re- Contracting Party issues a SVDCD, it form the amount of the catch by weight export document, the exporting State shall immediately report all such of each species taken from each whose government authority validated validations to the Secretariat for statistical subarea and/or division and the document(s) and, as appropriate, the conveying to all Parties and, as indicating whether the catch was caught Flag State whose vessel completed the appropriate, recording in trade statistics. in an EEZ or on the high seas, as document are called on to cooperate 20. A Contracting Party may transfer appropriate; with the importing State with a view to all or part of the proceeds from the sale (iv) The master shall convey to the resolving such question. of seized or confiscated Dissostichus Flag State of the vessel by the most

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rapid electronic means available, the (iv) In the event that the catch is zone, record on that copy of the catch Dissostichus catch document number, divided upon landing, the master or document the amount and origin of the the dates within which the catch was authorised representative shall present a catch received by that individual and taken, the species, processing type or copy of the Dissostichus catch obtain the signature of that individual. types, the estimated weight to be landed document to each individual that A10. In respect of each landing of and the area or areas of the catch, the receives a part of the catch at the port transhipped catch, the master or date of landing or transhipment and the of landing or free trade zone, record on authorised representative of the port and country of landing or vessel of that copy of the catch document the receiving vessel shall immediately sign transhipment and shall request from the amount and origin of the catch received and convey by the most rapid electronic Flag State, a Flag State confirmation by that individual and obtain the means available a copy of all the number. signature of that individual. Dissostichus catch documents, or if the A3. If, for catches 1 taken in the A6. In respect of each landing or catch was divided, copies, of all the Convention Area or on the high seas transhipment, the master or authorised Dissostichus catch documents, to the outside the Convention Area, the Flag representative shall immediately sign Flag State(s) that issued the Dissostichus State verifies, by the use of a VMS (as and convey by the most rapid electronic catch document, and shall provide a described in paragraph 1 of means available a copy, or, if the catch copy of the relevant document to each Conservation Measure 10–04), the area landed was divided, copies, of the recipient of the catch. The Flag State of fished and that the catch to be landed signed Dissostichus catch document to the receiving vessel shall immediately or transhipped as reported by its vessel the Flag State of the vessel and shall convey by the most rapid electronic is accurately recorded and taken in a provide a copy of the relevant document means available a copy of the document manner consistent with its authorisation to each recipient of the catch. to the CCAMLR Secretariat to be made to fish, it shall convey a unique Flag A7. The Flag State of the vessel shall available by the next working day to all State confirmation number to the immediately convey by the most rapid Contracting Parties. electronic means available a copy or, if vessel’s master by the most rapid A11. For each shipment of the catch was divided, copies, of the electronic means available. The Dissostichus spp. to be exported or re- signed Dissostichus catch document to Dissostichus catch document will exported from the country of landing or the CCAMLR Secretariat to be made receive a confirmation number from the import, the exporter shall adhere to the available by the next working day to all Flag State, only when it is convinced following procedures to obtain the that the information submitted by the Contracting Parties. A8. The master or authorised necessary export or re-export document vessel fully satisfies the provisions of for all the Dissostichus spp. contained this conservation measure. representative shall retain the original copies of the signed Dissostichus catch in the shipment: A4. The master shall enter the Flag document(s) and return them to the Flag (i) The exporter/re-exporter shall State confirmation number on the State no later than one month after the enter on each Dissostichus export/re- Dissostichus catch document form. end of the fishing season. export document the reference number A5. The master of a vessel that has A9. The master of a vessel to which of the corresponding Dissostichus catch been issued a Dissostichus catch catch has been transhipped (receiving document, the amount of each document form or forms shall adhere to vessel) shall adhere to the following Dissostichus spp. reported on the the following procedures immediately procedures immediately after each document that is contained in the after each landing or transhipment of landing of such catch in order to shipment; Dissostichus spp.: complete each Dissostichus catch (ii) The exporter/re-exporter shall (i) In the case of a transhipment, the document received from transhipping enter on each Dissostichus catch master shall confirm the transhipment vessels: document the name and address of the obtaining the signature on the (i) The master of the receiving vessel importer of the shipment and the point Dissostichus catch document of the shall confirm the landing by obtaining of import; master of the vessel to which the catch a signed and stamped certification on (iii) The exporter/re-exporter shall is being transferred; the Dissostichus catch document by a enter on each export/re-export (ii) In the case of a landing, the master responsible official of the Port State of document the exporter/re-exporter’s or authorised representative shall landing or free trade zone who is acting name and address, and shall sign the confirm the landing by obtaining a under the direction of either the document; signed and stamped certification on the customs or fisheries authority of the (iv) The exporter/re-exporter shall Dissostichus catch document by a Port State and is competent with regard obtain a signed and stamped validation responsible official of the Port State of to the validation of Dissostichus catch of the export/re-export document landing or free trade zone who is acting documents; (including the attachments if provided) under the direction of either the (ii) The master of the receiving vessel by a responsible official of the customs or fisheries authority of the shall also obtain the signature on the exporting/re-exporting State. Port State and is competent with regard Dissostichus catch document of the (v) The exporter/re-exporter shall to the validation of Dissostichus catch individual that receives the catch at the indicate the transport details as documents; port of landing or free trade; appropriate: (iii) In the case of a landing, the (iii) In the event that the catch is If by sea: master or authorised representative divided upon landing, the master of the shall also obtain the signature on the receiving vessel shall present a copy of Container(s) number(s) if appropriate, or Dissostichus catch document of the the Dissostichus catch document to each Vessel name, and individual that receives the catch at the individual that receives a part of the Bill of lading number, date and place of port of landing or free trade zone; catch at the port of landing or free trade issue;

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If by air: Truck registration number and the Convention Area. A by-catch shall be nationality, defined as no more than 5% of total catch of Flight number, airway bill number, Railway transport number, date and all species and no more than 50 tonnes for place and date of issue; place of issue. an entire fishing trip by a vessel.

If by other means (ground 1 Excluding by-catches of Dissostichus spp. BILLING CODE 3510–22–P transportation): by trawlers fishing on the high seas outside

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BILLING CODE 3510–22–C B2. The Fund will be operated improving the effectiveness of the CDS Annex 10–05/B according to the following provisions: and for other such purposes as the Commission may decide. The Use of the CDS Fund (i) The Fund shall be used for special projects, or special needs of the (ii) The Fund shall be used primarily B1. The overall objective of the CDS Secretariat if the Commission so for projects conducted by the Fund (‘‘the Fund’’) is to provide a decides, aimed at enhancing the Secretariat, although the participation of mechanism which enables the Commission’s capacity to contribute to Members in these projects is not Commission to enhance its capacity to the prevention, deterrence and precluded. While individual Member prevent, deter and eliminate IUU fishing elimination of IUU fishing in the projects shall be considered, this shall in the Convention Area, by inter alia, Convention Area. The Fund may also be not replace the normal responsibilities improving the effectiveness of the CDS. used for assisting the development and of Members of the Commission. The

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Fund shall not be used for routine completed, that Member shall provide a requesting such status. Such requests Secretariat activities. final statement of account certified by must be received by the Executive (iii) Proposals for special projects may an auditor acceptable to the Secretary no later than ninety (90) days be made by Members, by the Commission. in advance of an annual meeting of the Commission or the Scientific Committee (x) The Commission shall review all CAMLR Commission in order to be and their subsidiary bodies, or by the ongoing projects at its annual meeting as considered at that meeting. Secretariat. Proposals shall be submitted a standing agenda item and reserves the C5. Any non-Contracting Party to the annual meeting of the right, after notice, to cancel a project at requesting the status of a non- Commission as working papers and be any time should it decide that it is Contracting Party cooperating with accompanied by an explanation of the necessary. Such a decision shall be CCAMLR by participating in the CDS proposal and an itemised statement of exceptional, and shall take into account shall fulfil the following requirements estimated expenditure. progress made to date and likely in order to have this status considered (iv) The Commission will, at each progress in the future, and shall in any by the Commission: annual meeting, designate six Members case be preceded by an invitation from (i) Information requirements: to serve on a Review Panel to review the Commission to the project (a) Communicate the data required proposals and to make coordinator to present a case for under the CDS. recommendations to the Commission on continuation of funding. (ii) Compliance requirements: whether to fund special projects or (xi) The Commission may modify (a) Implement all the provisions of special needs. The Review Panel will these provisions at any time. Conservation Measure 10–05; meet during the first week of the (b) Inform CCAMLR of all the Commission’s annual meeting. Annex 10–05/C measures taken to ensure compliance by (v) The Commission shall review all Procedure Regarding Cooperation With its vessels used for the transhipments of proposals and decide on appropriate CCAMLR in the Implementation of the Dissostichus spp. and its operators, projects and funding as a standing CDS by Non-Contracting Parties agenda item at its annual meeting. including inter alia, and as appropriate, Involved in the Trade of Dissostichus inspection at sea and in port, CDS (vi) The Fund may be used to assist SPP Acceding States and non-Contracting implementation; Parties that wish to cooperate with C1. Prior to the annual meeting of the (c) Respond to alleged violations of CCAMLR by contributing to the Commission, the Executive Secretary CCAMLR measures by its vessels prevention, deterrence and elimination shall contact all non-Contracting Parties transhipping Dissostichus spp. and its of IUU fishing in the Convention Area, which are known to be involved in the operators, as determined by the so long as this use is consistent with trade with Dissostichus spp. to urge appropriate bodies, and communicate to provisions (i) and (ii) above. Such them to become a Contracting Party to CCAMLR the actions taken against assistance shall be provided within the CCAMLR or to attain the status of a non- operators. scope of the CCAMLR Cooperation Contracting Party cooperating with C6. An applicant for the status of a Enhancement Program contained in the CCAMLR by participating in the Catch non-Contracting Party cooperating with Policy to Enhance Cooperation between Documentation Scheme for Dissostichus CCAMLR by participating in the CDS CCAMLR and non-Contracting Parties. spp. (CDS) in accordance with the shall also: Acceding States and non-Contracting provisions of Conservation Measure 10– (i) Confirm its commitment to Parties may submit proposals for 05 and produce a summary paper for implement Conservation Measure 10– consideration by the Commission at its consideration by the Commission. The 05; and annual meeting, if the proposals are Executive Secretary shall provide copies (ii) Inform the Commission of the sponsored by, or in cooperation with, a of this conservation measure and any measures it takes to ensure compliance Member or the Secretariat. related resolutions adopted by the by its operators with Conservation (vii) The Financial Regulations of the Commission. Measure 10–05. Commission shall apply to the Fund, C2. The Executive Secretary shall also C7. The Standing Committee for except in so far as these provisions establish contact with any non- Implementation and Compliance (SCIC) provide or the Commission decides Contracting Party during the shall be responsible for reviewing otherwise. intersessional period, as soon as requests for the status of non- (viii) The Secretariat shall report to possible after it was known the non- Contracting Party cooperating with the annual meeting of the Commission Contracting Party was engaged in the CCAMLR by participating in the CDS on the activities of the Fund, including trade with Dissostichus spp. The and for recommending to the its income and expenditure. Annexed to Executive Secretary shall immediately Commission whether the applicants the report shall be reports on the circulate any written responses to the should be granted such status. progress of each project being funded by Members of the Commission. C8. Annually the Commission shall the Fund, including details of the C3. The Executive Secretary shall review the status granted to each non- expenditure on each project. The report encourage non-Contracting Parties to Contracting Party and may revoke this will be circulated to Members in approach the CCAMLR Secretariat with status if the non-Contracting Party advance of the annual meeting. requests for assistance. Proposals must concerned has not complied with the (ix) Where an individual Member demonstrate how any specific assistance criteria for attaining such status project is being funded according to requested will help to combat IUU established by this measure. provision (ii), that Member shall fishing in the Convention Area. Such Conservation Measure 10–06 (2008) provide an annual report on the requests will be considered by the progress of the project, including details Commission at its annual meeting. Scheme to promote compliance by of the expenditure on the project. The C4. Any non-Contracting Party that Contracting Party vessels with report shall be submitted to the seeks to be accorded the status of non- CCAMLR conservation measures Secretariat as a working paper to be Contracting Party cooperating with (Species: all; Area: all; Season: all; circulated to Members in advance of the CCAMLR by participating in the CDS Gear: all) annual meeting. When the project is shall apply to the Executive Secretary The Commission,

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Convinced that illegal, unreported communicate any information available (viii) Engaged in fishing activities and unregulated (IUU) fishing to them in respect of the vessels referred contrary to any other CCAMLR compromises the objective of the to above, including their ownership, conservation measures in a manner that Convention, operators and their trade activities. undermines the attainment of the Aware that a number of vessels 4. For the purposes of this objectives of the Convention according registered to Parties and non-Parties are conservation measure, the Contracting to Article XXII of the Convention. engaged in activities which diminish Parties are considered as having carried Draft CP–IUU Vessel List the effectiveness of CCAMLR out fishing activities that have conservation measures, diminished the effectiveness of the 6. The Executive Secretary shall, Recalling that Contracting Parties are conservation measures adopted by the before 1 July of each year, draw up a required to cooperate in taking Commission if: draft list of Contracting Party vessels appropriate action to deter any activities (i) The Parties do not ensure (the Draft CP–IUU Vessel List), listing which are not consistent with the compliance by their vessels with the all Contracting Party vessels that, on the objective of the Convention, conservation measures adopted by the basis of the information gathered in Resolved to reinforce its integrated Commission and in force, in respect of accordance with paragraphs 2 and 3, administrative and political measures the fisheries in which they participate and any other information that the aimed at eliminating IUU fishing in the that are placed under the competence of Executive Secretary might have Convention Area, CCAMLR; obtained in relation thereto, and the Hereby adopts the following (ii) Their vessels are repeatedly criteria defined in paragraph 4, might be conservation measure in accordance included in the CP–IUU Vessel List. presumed to have engaged in any of the with Article IX.2(i) of the Convention: 1. At each annual meeting, the 5. In order for a Contracting Party’s activities referred to in paragraph 5 Commission will identify those vessel to be included in the CP–IUU during the period beginning 30 days Contracting Parties whose vessels have Vessel List there must be evidence, before the start of the previous CCAMLR engaged in fishing activities in the gathered in accordance with paragraphs annual meeting. The Draft CP–IUU Convention Area in a manner which has 2 and 3, that the vessel has: Vessel List shall be distributed diminished the effectiveness of (i) Engaged in fishing activities in the immediately to the Contracting Parties CCAMLR conservation measures in CCAMLR Convention Area without a concerned. force, and shall establish a list of such licence issued in accordance with 7. Contracting Parties whose vessels vessels (CP–IUU Vessel List), in Conservation Measure 10–02, or in are included in the Draft CP–IUU Vessel accordance with the procedures and violation of the conditions under which List shall transmit their comments to the criteria set out hereafter. such licence would have been issued in Executive Secretary before 1 September, 2. This identification shall be relation to authorised areas, species and including verifiable VMS data and other documented, inter alia, on reports time periods; or supporting information showing that the relating to the application of (ii) Not recorded or not declared its vessels listed have not engaged in the Conservation Measure 10–03, trade catches made in the CCAMLR activities which led to their inclusion in information obtained on the basis of the Convention Area in accordance with the the Draft CP–IUU Vessel List. reporting system applicable to the implementation of Conservation Provisional CP–IUU Vessel List Measure 10–05 and relevant trade fisheries it engaged in, or made false statistics such as Food and Agriculture declarations; or 8. The Executive Secretary shall Organization of the United Nations (iii) Fished during closed fishing create a new list (‘the Provisional CP– (FAO) and other national or periods or in closed areas in IUU Vessel List’) which shall comprise international verifiable statistics, as well contravention of CCAMLR conservation the Draft CP–IUU Vessel List and all as any other information obtained from measures; or information received pursuant to Port States and/or gathered from the (iv) Used prohibited gear in paragraph 7. Before 1 October, the fishing grounds which is suitably contravention of applicable CCAMLR Executive Secretary shall transmit the documented. conservation measures; or Provisional CP–IUU Vessel List, the CP– 3. Where a Contracting Party obtains (v) Transhipped or participated in IUU Vessel List agreed at the previous information that vessels flying the flag joint fishing operations with, supported CCAMLR annual meeting, and any of another Contracting Party have or re-supplied other vessels identified evidence or documented information engaged in activities set out in by CCAMLR as carrying out IUU fishing received since that meeting regarding paragraph 5, it shall submit a report activities (i.e. vessels on the CP–IUU vessels on the Provisional CP–IUU containing this information, within 30 Vessel List or the NCP–IUU Vessel List Vessel List and CP–IUU Vessel List to days of having become aware of it, to established under Conservation Measure all Contracting Parties and non- the Executive Secretary and the 10–07); or Contracting Parties cooperating with the Contracting Party concerned. (vi) Failed to provide, when required Commission by participating in the Contracting Parties shall indicate that under Conservation Measure 10–05, a CDS. The Executive Secretary shall at the information is provided for the valid catch document for Dissostichus the same time: purposes of considering whether to spp.; or (i) Request non-Contracting Parties include the vessel concerned in the CP– (vii) Engaged in fishing activities in a cooperating with the Commission by IUU Vessel List under Conservation manner that undermines the attainment participating in the CDS that, to the Measure 10–06. The Executive Secretary of the objectives of the Convention in extent possible in accordance with their shall within one business day circulate waters adjacent to islands within the applicable laws and regulations, they do the report to the other Contracting area to which the Convention applies not register or de-register vessels that Parties and to non-Contracting Parties over which the existence of State have been placed on the Provisional cooperating with the Commission by sovereignty is recognised by all CP–IUU Vessel List until such time as participating in the Catch Contracting Parties, in the terms of the the Commission has had the Documentation Scheme for Dissostichus statement made by the Chairman on 19 opportunity to consider the List and has spp. (CDS), and invite them to May 1980; or made its determination;

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(ii) Invite non-Contracting Parties (i) Adopt a Proposed CP–IUU Vessel (vii) Photographs of the vessel, where cooperating with the Commission by List, following consideration of the available; participating in the CDS to submit any Provisional CP–IUU Vessel List and (viii) Date vessel was first included on evidence or documented information information and evidence circulated the CP–IUU Vessel List; regarding vessels on the Provisional CP– under paragraph 10. The Proposed CP– (ix) Summary of activities which IUU Vessel List and CP–IUU Vessel List, IUU Vessel List shall be submitted to justify inclusion of the vessel on the at the latest 30 days before the start of the Commission for approval; List, together with references to all the next CCAMLR annual meeting. (ii) Recommend to the Commission relevant documents informing of and Where the incident occurs within the which, if any, vessels should be evidencing those activities; month preceding the next CCAMLR removed from the CP–IUU Vessel List (x) Date and location of subsequent annual meeting, evidence or adopted at the previous CCAMLR sightings of the vessel in the Convention documented information should be annual meeting, following consideration Area, if any, and of any other related provided as soon as possible. of that List and information and activities performed by the vessel 9. Contracting Parties shall take all evidence circulated under paragraph 10. contrary to CCAMLR conservation necessary measures, to the extent 13. SCIC shall include a vessel on the measures. possible in accordance with their Proposed CP–IUU Vessel List only if 17. On approval of the CP–IUU Vessel applicable laws and regulations, in one or more of the criteria in paragraph List, the Commission shall request order that: 5 have been satisfied. Contracting Parties whose vessels (i) They do not register or de-register 14. SCIC shall recommend that the appear thereon to take all necessary vessels that have been placed on the Commission should remove a vessel measures to address these activities, Provisional CP–IUU List until such time from the CP–IUU Vessel List if the including if necessary, the withdrawal as the Commission has had the Contracting Party proves that: of the registration or of the fishing opportunity to examine the List and has (i) The vessel did not take part in the licences of these vessels, the made its determination; activities described in paragraph 1 nullification of the relevant catch (ii) If they do de-register a vessel on which led to the inclusion of the vessel documents and denial of further access the Provisional CP–IUU Vessel List they in the CP–IUU Vessel List; or to the CDS, and to inform the inform, where possible, the Executive (ii) It has taken effective action in Commission of the measures taken in Secretary of the proposed new Flag response to the activities in question, this respect. State of the vessel, whereupon the including prosecution and imposition of 18. Contracting Parties shall take all Executive Secretary shall inform that sanctions of adequate severity; or necessary measures, subject to and in State that the vessel is on the (iii) The vessel has changed accordance with their applicable laws Provisional CP–IUU Vessel List and ownership, including beneficial and regulations and international law, urge that State not to register the vessel. ownership if known to be distinct from in order that: the registered ownership, and that the Proposed and Final CP–IUU Vessel List (i) The issuance of a licence to vessels new owner can establish the previous on the CP–IUU Vessel List to fish in the 10. Contracting Parties shall submit to owner no longer has any legal, financial, Convention Area is prohibited; the Executive Secretary any additional or real interests in the vessel, or (ii) The issuance of a licence to information which might be relevant for exercises control over it and that the vessels on the CP–IUU Vessel List to the establishment of the CP–IUU Vessel new owner has not participated in IUU fish in waters under their fisheries List within 30 days of having become fishing; or jurisdiction is prohibited; aware of such information and at the (iv) It has taken measures considered latest 30 days before the start of the sufficient to ensure the granting of the (iii) Fishing vessels, support vessels, CCAMLR annual meeting. A report right to the vessel to fly its flag will not refuel vessels, mother-ships and cargo containing this information shall be result in IUU fishing. vessels flying their flag do not in any submitted in the format set out in 15. In order to facilitate the work of way, in the Convention Area, assist paragraph 16, and Contracting Parties SCIC and the Commission, the vessels on the CP–IUU Vessel List by shall indicate that the information is Executive Secretary shall prepare a participating in any transhipment or provided for the purposes of paper for each CCAMLR annual joint fishing operations, supporting or considering whether to include the meeting, summarising and annexing all resupplying such vessels; vessel concerned in the CP–IUU Vessel the information, evidence and (iv) Vessels on the CP–IUU Vessel List List under Conservation Measure 10–06. comments submitted in respect of each should be denied access to ports unless The Secretariat shall collate all vessel to be considered. for the purpose of enforcement action or information received and, where this 16. The Draft CP–IUU Vessel List, for reasons of force majeure or for has not been provided in relation to a Provisional CP–IUU Vessel List, rendering assistance to vessels, or vessel, attempt to obtain the information Proposed CP–IUU Vessel List and the persons on those vessels, in danger or in paragraphs 16(i) to (vii). CP–IUU Vessel List shall contain the distress. Vessels allowed entry to port 11. The Executive Secretary shall following details: are to be inspected in accordance with circulate to Contracting Parties, at the (i) Name of vessel and previous relevant conservation measures; latest 30 days before the start of the names, if any; (v) Where port access is granted to CCAMLR annual meeting, all evidence (ii) Flag of vessel and previous flags, such vessels: or documented information received if any; (a) Documentation and other under paragraphs 8 and 9, together with (iii) Owner of vessel and previous information, including DCDs where any other evidence or documented owners, including beneficial owners, if relevant are examined, with a view to information received in terms of any; verifying the area in which the catch paragraphs 2 and 3. (iv) Operator of vessel and previous was taken; and where the origin cannot 12. At each CCAMLR annual meeting, operators, if any; be adequately verified, the catch is the Standing Committee on (v) Call sign of vessel and previous detained or any landing or transhipment Implementation and Compliance (SCIC) call signs, if any; of the catch is refused; and shall, by consensus: (vi) Lloyds/IMO number; (b) Where possible

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i. In the event catch is found to be advise all Contracting Parties of the Parties are engaged in activities which taken in contravention of CCAMLR notification. If there are no comments diminish the effectiveness of CCAMLR conservation measures, catch is on the information within seven (7) conservation measures, confiscated; days, the Executive Secretary will revise Recalling that Contracting Parties are ii. All support to such vessels, the CP–IUU Vessel List. required to cooperate in taking including non-emergency refuelling, 22. Without prejudice to their rights appropriate action to deter any activities resupplying and repairs is prohibited; to take proper action consistent with which are not consistent with the (vi) The chartering of vessels on the international law, Contracting Parties objective of the Convention, CP–IUU Vessel List is prohibited; should not take any trade measures or Resolved to reinforce its integrated (vii) Granting of their flag to vessels other sanctions which are inconsistent administrative and political measures on the CP–IUU Vessel List is refused; with their international obligations aimed at eliminating IUU fishing in the (viii) Imports, exports and re-exports of against vessels using as the basis for the Convention Area, Dissostichus spp. from vessels on the action the fact that the vessel or vessels Hereby adopts the following CP–IUU Vessel List are prohibited; have been included in the Draft CP–IUU conservation measure in accordance (ix) ‘Export or Re-export Government Vessel List drawn up by the Executive with Article IX.2(i) of the Convention: Authority Validation’ is not certified Secretary, pursuant to paragraph 6. 1. The Contracting Parties request when the shipment (of Dissostichus 23. The Chair of the Commission shall non-Contracting Parties to cooperate spp.) is declared to have been caught by request the Contracting Parties fully with the Commission with a view any vessel on the CP–IUU Vessel List; identified pursuant to paragraph 1 to to ensuring that the effectiveness of (x) Importers, transporters and other take all necessary measures to avoid CCAMLR conservation measures is not sectors concerned are encouraged to diminishing the effectiveness of undermined. refrain from dealing with and from CCAMLR conservation measures 2. At each annual meeting the transhipping of fish caught by vessels resulting from their vessels’ activities, Commission shall identify those non- on the CP–IUU Vessel List; and to advise the Commission of actions Contracting Parties whose vessels are (xi) Any appropriate information taken in that regard. engaged in IUU fishing activities in the which is suitably documented is 24. The Commission shall review, at Convention Area that threaten to collected and submitted to the subsequent CCAMLR annual meetings, undermine the effectiveness of Executive Secretary, to be forwarded to as appropriate, action taken by those CCAMLR conservation measures, and Contracting Parties, and non- Contracting Parties to which requests shall establish a list of such vessels Contracting Parties, entities or fishing have been made pursuant to paragraph (NCP–IUU Vessel List), in accordance entities cooperating with the 23, and identify those which have not with the procedures and criteria set out Commission by participating in the rectified their activities. hereafter. CDS, with the aim of detecting, 25. The Commission shall decide 3. This identification shall be controlling and preventing the appropriate measures to be taken in documented, inter alia, on reports importation or exportation of, and other respect to Dissostichus spp. so as to relating to the application of trade-related activities relating to, address these issues with those Conservation Measure 10–03, trade catches from vessels on the CP–IUU identified Contracting Parties. In this information obtained on the basis of the Vessel List intended to circumvent this respect, Contracting Parties may implementation of Conservation conservation measure. cooperate to adopt appropriate Measure 10–05 and relevant trade 19. The Executive Secretary shall multilaterally agreed trade-related statistics such as Food and Agriculture place the CP–IUU Vessel List approved measures, consistent with their Organization of the United Nations by the Commission on the public obligations as members of the World (FAO) and other national or section of the CCAMLR Web site. Trade Organization, that may be international verifiable statistics, as well Furthermore, the Executive Secretary necessary to prevent, deter and as any other information obtained from shall communicate the CP–IUU Vessel eliminate the IUU activities identified Port States and/or gathered from the List to the FAO and appropriate regional by the Commission. Multilateral trade- fishing grounds which is suitably fisheries organisations to enhance related measures may be used to documented. cooperation between CCAMLR and support cooperative efforts to ensure 4. A non-Contracting Party vessel these organisations for the purposes of that trade in Dissostichus spp. and its which has been sighted engaging in preventing, deterring and eliminating products does not in any way encourage fishing activities in the Convention Area IUU fishing. IUU fishing or otherwise diminish the or which has been denied port access, 20. The Executive Secretary shall effectiveness of CCAMLR’s conservation landing or transhipment in accordance circulate to non-Contracting Parties measures which are consistent with the with Conservation Measure 10–03 is cooperating with the Commission by United Nations Convention on the Law presumed to be undermining the participating in the CDS, the CP–IUU of the Sea 1982. effectiveness of CCAMLR conservation Vessel List, together with the request measures. In the case of any that, to the extent possible in Conservation Measure 10–07 (2008) transhipment activities involving a accordance with their applicable laws Scheme to promote compliance by non- sighted non-Contracting Party vessel and regulations, they do not register Contracting Party vessels with inside or outside the Convention Area, vessels that have been placed on the List CCAMLR conservation measures the presumption of undermining the unless they are removed from the List (Species: all; Area: all; Season: all; Gear: effectiveness of CCAMLR conservation by the Commission. all) measures applies to any other non- 21. If Contracting Parties obtain new The Commission, Contracting Party vessel which has or changed information for vessels on Convinced that illegal, unreported engaged in such activities with that the CP–IUU Vessel List in relation to the and unregulated (IUU) fishing vessel. details in paragraphs 16(i) to (vii), they compromises the objective of the 5. When a non-Contracting Party shall notify the Executive Secretary who Convention, vessel referred to in paragraph 4 enters shall place a notification on the secure Aware that a significant number of a port of any Contracting Party, it shall section of the CCAMLR Web site and vessels registered to non-Contracting be inspected by authorised Contracting

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Party officials in accordance with been transmitted under paragraph 7). Draft NCP–IUU Vessel List Conservation Measure 10–03 and shall Contracting Parties shall indicate that 10. The Executive Secretary shall, not be allowed to land or tranship any the information is provided for the before 1 July of each year, draw up a fish species subject to CCAMLR purposes of considering whether to draft list (‘the Draft NCP–IUU Vessel conservation measures it might be include the vessel concerned in the List’), listing all non-Contracting Party holding on board unless the vessel NCP–IUU Vessel List under vessels that, on the basis of the establishes that the fish were caught in Conservation Measure 10–07. In information gathered in accordance compliance with all relevant CCAMLR addition, the Contracting Party may also with paragraphs 3 and 8 and any other conservation measures and submit the report directly to the non- information that the Executive Secretary requirements under this Convention. Contracting Party concerned. The might have obtained in relation thereto, 6. A Contracting Party which sights a Executive Secretary shall promptly might be presumed to have engaged in non-Contracting Party vessel engaging forward the information to the non- any of the activities referred to in in fishing activities in the Convention Contracting Party concerned, indicating paragraph 9 during the period beginning Area or denies a non-Contracting Party that it has been provided for the 30 days before the start of the previous port access, landing or transhipment purposes of considering whether to CCAMLR annual meeting. The Draft under paragraph 5 shall attempt to include the vessel concerned in the NCP–IUU Vessel List shall be inform the vessel that it is presumed to NCP–IUU Vessel List under distributed immediately to the non- be undermining the effectiveness of Conservation Measure 10–07. The CCAMLR conservation measures, and Executive Secretary shall request that Contracting Parties concerned and to all that this information will be distributed the Flag State take action to prevent the Contracting Parties. to the Executive Secretary, all vessel undertaking any activities that 11. The Executive Secretary shall Contracting Parties and the Flag State of undermine the effectiveness of invite non-Contracting Parties whose the vessel. CCAMLR conservation measures and vessels are included in the Draft NCP– 7. Information regarding such that the Flag State report back to IUU Vessel List to transmit their sightings or denial of port access, CCAMLR on the measures it has taken comments to the Executive Secretary landings or transhipments, and the in respect of the vessel concerned. The before 1 September, including verifiable result of all inspections conducted in Executive Secretary shall circulate the VMS data and other supporting the ports of Contracting Parties, and any information and any report from the information showing that the vessels subsequent action shall be transmitted Flag State to all other Contracting listed have not engaged in the activities within one business day to the Parties as soon as possible. which led to their inclusion in the Draft Commission in accordance with Article 9. In order for a non-Contracting NCP–IUU Vessel List. XXII of the Convention. The Executive Party’s vessel to be included in the Provisional NCP–IUU Vessel List Secretary shall transmit this information NCP–IUU Vessel List, there must be to all Contracting Parties, within one evidence, gathered in accordance with 12. The Executive Secretary shall business day of receiving it, and to the paragraphs 3 and 8, that the vessel has: create a new list (‘the Provisional NCP– Flag State of the vessel concerned as (i) Been sighted engaging in fishing IUU Vessel List’) which shall comprise soon as possible and to appropriate activities in the CCAMLR Convention the Draft NCP–IUU Vessel List and all regional fisheries organisations. At this Area; or information received pursuant to time, the Executive Secretary shall, in (ii) Been denied port access, landing paragraph 11. Before 1 October, the consultation with the Chair of the or transhipment in accordance with Executive Secretary shall transmit the Commission, request the Flag State Conservation Measure 10–03; or Provisional NCP–IUU Vessel List, the concerned that, where appropriate, (iii) Transhipped or participated in NCP–IUU Vessel List agreed at the measures be taken in accordance with joint fishing operations with, supported previous CCAMLR annual meeting, and its applicable laws and regulations to or resupplied other vessels identified by any evidence or documented ensure that the vessel desists from any CCAMLR as carrying out IUU fishing information received since that meeting activities that undermine the activities (i.e. vessels on the NCP–IUU regarding vessels on the Provisional effectiveness of CCAMLR conservation Vessel List or the CP–IUU Vessel List NCP–IUU Vessel List or the NCP–IUU measures, and that the Flag State report established under Conservation Measure Vessel List to all Contracting Parties and back to CCAMLR on the results of such 10–06); or non-Contracting Parties cooperating enquiries and/or on the measures it has (iv) Failed to provide, when required with the Commission by participating in taken in respect of the vessel. The other under Conservation Measure 10–05, a the CDS. The Executive Secretary shall Contracting Parties and non-Contracting valid catch document for Dissostichus at the same time: Parties cooperating with the spp.; or (i) Request non-Contracting Parties Commission by participating in the (v) Engaged in fishing activities in a cooperating with the Commission by Catch Documentation Scheme for manner that undermines the attainment participating in the CDS that, to the Dissostichus spp. (CDS) shall be invited of the objectives of the Convention in extent possible in accordance with their to communicate any information waters adjacent to islands within the applicable laws and regulations, they do available to them in respect of the area to which the Convention applies not register or de-register vessels that vessels referred to above, including their over which the existence of State have been placed on the List until such ownership, operators and their trade sovereignty is recognised by all time as the Commission has had the activities. Contracting Parties, in the terms of the opportunity to consider the List and has 8. Where a Contracting Party obtains statement made by the Chairman on 19 made its determination; information that a non-Contracting Party May 1980; or (ii) Invite non-Contracting Parties vessel has engaged in activities set out (vi) Engaged in fishing activities cooperating with the Commission by in paragraph 9, it shall submit a report contrary to any other CCAMLR participating in the CDS to submit any containing this information, within 30 conservation measures in a manner that evidence or documented information days of having become aware of it, to undermines the attainment of the regarding vessels on the Provisional the Executive Secretary (including objectives of the Convention according NCP–IUU Vessel List and NCP–IUU where such information has already to Article XXII of the Convention. Vessel List, at the latest 30 days before

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the start of the next CCAMLR annual 16. At each CCAMLR annual meeting, (iv) Operator of vessel and previous meeting. Where the incident occurs the Standing Committee on operators, if any; within the month preceding the next Implementation and Compliance (SCIC) (v) Call sign of vessel and previous CCAMLR annual meeting, evidence or shall, by consensus: call signs, if any; documented information should be (i) Adopt a Proposed NCP–IUU Vessel (vi) Lloyds/IMO number; provided as soon as possible; List, following consideration of the (vii) Photographs of the vessel, where (iii) Transmit the Provisional NCP– Provisional NCP–IUU Vessel List and available; IUU Vessel List and any evidence or information and evidence circulated (viii) Date vessel was first included on documented information received under paragraph 14. The Proposed the NCP–IUU Vessel List; regarding vessels on that List to all non- NCP–IUU Vessel List shall be submitted (ix) Summary of activities which Contracting Parties whose vessels are to the Commission for approval; justify inclusion of the vessel in the List, included in the List and who are not (ii) Recommend to the Commission together with references to all relevant non-Contracting Parties cooperating which, if any, vessels should be documents informing of and evidencing with the Commission by participating in removed from the NCP–IUU Vessel List those activities; the CDS. adopted at the previous CCAMLR (x) Date and location of subsequent sightings of the vessel in the Convention 13. Contracting Parties shall take all annual meeting, following consideration Area, if any, and of any other related necessary measures, to the extent of that List and information and activities performed by the vessel possible in accordance with their evidence circulated under paragraph 14. contrary to CCAMLR conservation applicable laws and regulations, in 17. SCIC shall include a vessel on the measures. order that: Proposed NCP–IUU Vessel List only if 21. On approval of the NCP–IUU one or more of the criteria in paragraph (i) They do not register vessels that Vessel List, the Commission shall 9 have been satisfied. have been placed on the Provisional request non-Contracting Parties whose 18. SCIC shall recommend that the NCP–IUU Vessel List until such time as vessels appear thereon to take all Commission should remove a vessel the Commission has had the necessary measures to address these from the NCP–IUU Vessel List if the opportunity to examine the List and has activities, including if necessary, the non-Contracting Party proves that: made its determination; withdrawal of the registration or of the (i) The vessel did not take part in the (ii) If they do de-register a vessel on fishing licences of these vessels, the activities described in paragraph 9 the Provisional NCP–IUU Vessel List nullification of the relevant catch which led to the inclusion of the vessel they inform, where possible, the documents and denial of further access in the NCP–IUU Vessel List; or Executive Secretary of the proposed to the CDS, and to inform the (ii) It has taken effective action in new Flag State of the vessel, whereupon Commission of the measures taken in response to the activities in question, the Executive Secretary shall inform this respect. that State that the vessel is on the including prosecution and imposition of 22. Contracting Parties shall take all Provisional NCP–IUU Vessel List and sanctions of adequate severity; or necessary measures, subject to and in urge that State not to register the vessel. (iii) The vessel has changed accordance with their applicable laws ownership including beneficial and regulations and international law, Proposed and Final NCP–IUU Vessel ownership if known to be distinct from List in order that: the registered ownership and that the (i) The issuance of a licence to vessels 14. Contracting Parties shall submit to new owner can establish the previous on the NCP–IUU Vessel List to fish in the Executive Secretary any additional owner no longer has any legal, financial, waters under their fisheries jurisdiction information which might be relevant for or real interests in the vessel, or is prohibited; the establishment of the NCP–IUU exercises control over it and that the (ii) Fishing vessels, support vessels, Vessel List within 30 days of having new owner has not participated in IUU refuel vessels, mother-ships and cargo become aware of such information and fishing; or vessels flying their flag do not in any at the latest 30 days before the start of (iv) It has taken measures considered way assist vessels on the NCP–IUU the CCAMLR annual meeting. A report sufficient to ensure the granting of the Vessel List by participating in any containing this information shall be right to the vessel to fly its flag will not transhipment or joint fishing operations, submitted in the format set out in result in IUU fishing. supporting or resupplying such vessels; paragraph 20, and Contracting Parties 19. In order to facilitate the work of (iii) Vessels on the NCP–IUU Vessel shall indicate that the information is SCIC and the Commission, the List should be denied access to ports provided for the purposes of Executive Secretary shall prepare a unless for the purpose of enforcement considering whether to include the paper for each CCAMLR annual action or for reasons of force majeure or vessel concerned in the NCP–IUU meeting, summarising and annexing all for rendering assistance to vessels, or Vessel List under Conservation Measure the information, evidence and persons on those vessels, in danger or 10–07. The Executive Secretary shall comments submitted in respect of each distress. Vessels allowed entry to port collate all information received and, vessel to be considered. are to be inspected in accordance with where this has not been provided in 20. The Draft NCP–IUU Vessel List, relevant conservation measures; relation to a vessel, attempt to obtain the Provisional NCP–IUU Vessel List, (iv) Where port access is granted to information in paragraphs 20(i) to (vii). Proposed NCP–IUU Vessel List and the such vessels: 15. The Executive Secretary shall NCP–IUU Vessel List shall contain the (a) Documentation and other circulate to Contracting Parties, at the following details: information, including DCDs where latest 30 days before the start of the (i) Name of vessel and previous relevant are examined, with a view to CCAMLR annual meeting, all evidence names, if any; verifying the area in which the catch or documented information received (ii) Flag of vessel and previous flags, was taken; and where the origin cannot under paragraphs 12 and 13, together if any; be adequately verified, the catch is with any other evidence or documented (iii) Owner of vessel and previous detained or any landing or transhipment information received in terms of owners including beneficial owners, if of the catch is refused; and paragraphs 3 and 8. any; (b) Where possible

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i. In the event catch is found to be and advise all Contracting Parties and United Nations Convention on the Law taken in contravention of CCAMLR the non-Contracting Party concerned of of the Sea 1982. conservation measures, catch is the notification. If there are no Conservation Measure 10–09 (2008) confiscated; comments on the information within ii. All support to such vessels, seven (7) days, the Executive Secretary Notification system for transhipments including non-emergency refuelling, will revise the NCP–IUU Vessel List. within the Convention Area resupplying and repairs is prohibited; 26. Without prejudice to their rights (Species: various; Area: various; Season: (v) The chartering of vessels on the to take proper action consistent with all; Fishery: various) NCP–IUU Vessel List is prohibited; international law, Contracting Parties The Commission, (vi) Granting of their flag to vessels on should not take any trade measures or Desiring to improve knowledge within the NCP–IUU Vessel List is refused; other sanctions which are inconsistent CCAMLR of all vessels operating within (vii) Imports, exports and re-exports with their international obligations the Convention Area, and in particular of Dissostichus spp. from vessels on the against vessels using as the basis for the those which offer support to harvesting NCP–IUU Vessel List are prohibited; action the fact that the vessel or vessels vessels, (viii) ‘‘Export or Re-export have been included in the Draft NCP– Noting that an increasing number of Government Authority Validation’’ is IUU Vessel List drawn up by the vessels are operating within the Convention Area, either engaged not certified when the shipment (of Executive Secretary, pursuant to directly in harvesting activities or in Dissostichus spp.) is declared to have paragraph 10. been caught by any vessel on the NCP– providing support to those vessels, 27. The Chair of the Commission shall IUU Vessel List; Recognising the need to increase the (ix) Importers, transporters and other request the non-Contracting Parties control over transhipment operations sectors concerned are encouraged to identified pursuant to paragraph 1 to which support the harvesting of species refrain from dealing with and from take all necessary measures to avoid within the Convention Area, transhipping of fish caught by vessels diminishing the effectiveness of Concerned that vessels involved in on the NCP–IUU Vessel List; CCAMLR conservation measures the support of illegal, unreported and (x) Any appropriate information resulting from their vessels’ activities, unregulated (IUU) fishing may be which is suitably documented is including if necessary withdrawal of a operating inside the Convention Area, collected and submitted to the vessel’s registration or fishing licence, Taking account of the need to combat Executive Secretary, to be forwarded to nullification of the relevant CDS IUU fishing activities because they Contracting Parties and non-Contracting documents and denial of further access undermine the effectiveness of the Parties, entities or fishing entities to the CDS, and to advise the conservation measures already adopted cooperating with the Commission by Commission of actions taken in that by CCAMLR, participating in the CDS, with the aim regard. Hereby adopts the following of detecting, controlling and preventing 28. Contracting Parties shall jointly conservation measure in accordance the importation or exportation of, and and/or individually request non- with Article IX of the Convention: other trade-related activities relating to, Contracting Parties identified pursuant 1. This conservation measure applies catches from vessels on the NCP–IUU to paragraph 2 to cooperate fully with to all CCAMLR new and exploratory Vessel List intended to circumvent this the Commission in order to avoid fisheries as well as to those listed in conservation measure. diminishing the effectiveness of Annex 10–09/A. 23. The Executive Secretary shall conservation measures adopted by the 2. Each Contracting Party as a Flag place the NCP–IUU Vessel List Commission. State shall notify the Secretariat at least approved by the Commission on the 29. The Commission shall review, at 72 hours in advance if any of its vessels intend to tranship 1 public section of the CCAMLR Web site. subsequent CCAMLR annual meetings, within the Convention Area. The Flag State may Furthermore, the Executive Secretary as appropriate, action taken by those permit or direct that such notifications shall communicate the NCP–IUU Vessel non-Contracting Parties to which be provided by the vessel directly to the List to the FAO and appropriate regional requests have been made pursuant to paragraph 26, and identify those which Secretariat. fisheries organisations to enhance 3. Notifications of intended cooperation between CCAMLR and have not rectified their activities. 30. The Commission shall decide transhipment operations shall include these organisations for the purposes of the following information, for all carrier preventing, deterring and eliminating appropriate measures to be taken in respect to Dissostichus spp. so as to vessels involved: IUU fishing. • Name and registration number 24. The Executive Secretary shall address these issues with those • International radio call sign circulate to non-Contracting Parties identified non-Contracting Parties. In • Flag State cooperating with the Commission by this respect, Contracting Parties may • Type of vessels, length, gross participating in the CDS the NCP–IUU cooperate to adopt appropriate registered tonnage (GRT) and carrying Vessel List, together with the request multilaterally agreed trade-related capacity that, to the extent possible in measures, consistent with their • Proposed time and position, in accordance with their applicable laws obligations as members of the World latitude and longitude, of transhipment. and regulations, they do not register Trade Organization, that may be The notification should also include vessels that have been placed on the List necessary to prevent, deter and details of the type and amount of unless they are removed from the List eliminate the IUU activities identified catches and other goods, such as food by the Commission. by the Commission. Multilateral trade- stores and fuel, being transhipped. 25. If Contracting Parties obtain new related measures may be used to 4. The CCAMLR Secretariat shall or changed information for vessels on support cooperative efforts to ensure maintain a list of all such notifications the NCP–IUU Vessel List in relation to that trade in Dissostichus spp. and its on the password-protected part of its the details in paragraphs 20(i) to (vii), products does not in any way encourage Web site, in a manner consistent with they shall notify the Executive Secretary IUU fishing or otherwise diminish the confidentiality requirements notified by who shall place a notification on the effectiveness of CCAMLR’s conservation CCAMLR Contracting Parties for their secure section of the CCAMLR Web site measures which are consistent with the vessels.

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5. For fisheries not covered by the 6. No vessel covered by paragraph 1 1 Transhipment means the transfer of provisions of paragraph 1, CCAMLR may tranship to any vessel within the harvested marine living resources and any Contracting Parties shall provide, as a Convention Area for which prior other goods or materials to or from fishing background paper to the annual meeting notification, pursuant to paragraphs 1 to vessels. of the Commission, a report including 3 above, has not been given. Annex 10–09/A details set out in paragraph 3 of all 7. The Commission shall review the transhipments activities in the Additional Fisheries to Which This Convention Area of the vessels flying implementation of this conservation Conservation Measure Applies their flag, during the previous year. measure at its 2010 meeting.

Target species Statistical subarea/division Fishing gear

Dissostichus eleginoides ...... Subarea 48.3 ...... Longline Division 58.5.2 ...... Longline, pot, trawl Dissostichus spp...... Subarea 48.4 ...... Longline Champsocephalus gunnari ...... Subarea 48.3 ...... Trawl Division 58.5.2 ...... Trawl Crab ...... Subarea 48.3 ...... Pot

Conservation Measure 21–01 (2008) 1, 2 approval of the Commission for specific (c) Details of dependent and related Notification that Members are areas before proceeding. species and the likelihood of their being considering initiating a new fishery. 3. Any Member proposing to affected by the proposed fishery; (d) Information from other fisheries in (Species: all; Area: all; Season: all; Gear: participate in a new fishery shall: the region or similar fisheries elsewhere all) (i) Notify its intention to the that may assist in the evaluation of The Commission, Commission not less than three months in advance of the next regular meeting potential yield; Recognising that in the past, Antarctic (e) If the proposed fishery will be fisheries have been initiated in the of the Commission. This notification shall include the information prescribed undertaken using bottom trawl gear, Convention Area before sufficient information on the known and information was available upon which in paragraph 4 of Conservation Measure 10–02 in respect of vessels proposing to anticipated impacts of this gear on to base management advice, vulnerable marine ecosystems, Noting that in recent years new participate in the fishery, with the exception that the notification shall not including benthos and benthic fisheries have started without adequate communities. information being available to evaluate be required to specify the information referred to in subparagraph 4(ii) of (iii) Provide a commitment, in its either the fishery potential or the proposal, to implement any Data possible impacts on the target stocks or Conservation Measure 10–02. Members shall, to the extent practicable, also Collection Plan developed by the species dependent on them, Scientific Committee for the fishery. Believing that without prior provide in their notification the additional information detailed in 4. The Member shall not initiate a notification of a new fishery, the new fishery pending the process Commission is unable to fulfil its paragraph 5 of Conservation Measure 10–02 in respect to each fishing vessel specified in paragraphs 8 and 9 below. function under Article IX, 5. To ensure that adequate notified. Members are not hereby Hereby adopts the following information is made available to the exempted from their obligations under conservation measure in accordance Scientific Committee for evaluation, Conservation Measure 10–02 to submit with Article IX of the Convention: during the period when a fishery is any necessary updates to vessel and 1. A new fishery, for the purposes of classified as new, the Scientific licence details within the deadline this conservation measure, is a fishery Committee shall develop (and update established therein as of issuance of the on a species using a particular fishing annually as appropriate) a Data licence to the vessel concerned; method in a statistical subarea or Collection Plan, which should include division for which: (ii) Prepare and submit to CCAMLR research proposals, as appropriate. This (i) Information on distribution, by a specified date a Fishery Operations shall identify the data needed and abundance, demography, potential yield Plan for the fishing season, for review describe any operational research and stock identity from comprehensive by the Scientific Committee and the actions necessary to obtain the relevant research/surveys or exploratory fishing Commission. The Fishery Operations data from the new fishery to enable an have not been submitted to CCAMLR; Plan shall include as much of the assessment of the stock to be made. or following information as the Member is 6. The Data Collection Plan shall (ii) Catch and effort data have never able to provide, so as to assist the include, where appropriate: been submitted to CCAMLR; Scientific Committee in its preparation (i) A description of the catch, effort or of the Data Collection Plan: and related biological, ecological and (iii) Catch and effort data from the two (a) The nature of the new fishery, environmental data required to most recent seasons in which fishing including target species, methods of undertake the evaluations described in occurred have not been submitted to fishing, proposed region and maximum paragraph 1, and the date by which such CCAMLR. catch levels proposed for the data are to be reported annually to 2. In addition to those fisheries forthcoming season; CCAMLR; identified according to paragraph 1, the (b) Biological information on the (ii) A plan for directing fishing effort use of fishing methods in high-seas target species from comprehensive during the initial phase to permit the areas of the Convention Area as research/survey cruises, such as acquisition of relevant data to evaluate specified in Annex 21–01/A will distribution, abundance, demographic the fishery potential and the ecological constitute new fisheries and will require data and information on stock identity; relationships among harvested,

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dependent and related populations and Annex 21–01/A 3. A Member intending to fish for krill the likelihood of adverse impacts; Additional Fishing Methods in the Convention Area may only notify (iii) Where appropriate, a plan for the in respect of vessels flying its flag at the acquisition of any other research data by Bottom trawling in high-seas areas of time of the notification. fishing vessels, including activities that the Convention Area. 4. Members shall ensure, including by may require the cooperative activities of Conservation Measure 21–03 (2008) submitting notifications by the due date, scientific observers and the vessel, as appropriate review by the Commission may be required for the Scientific Notifications of intent to participate in of notifications to fish for krill in the Committee to evaluate the fishery a fishery for Euphausia superba Convention Area before a vessel potential and the ecological (Species: krill; Area: all; Season: all; commences fishing. relationships among harvested, Gear: all) 5. Notwithstanding paragraph 4, dependent and related populations and 1. In order for the Scientific Members shall be entitled under the likelihood of adverse impacts; Committee to thoroughly study the Conservation Measure 10–02 to (iv) An evaluation of the time scales notifications to fish for krill for the authorise participation in a krill fishery involved in determining the responses coming season, all Members of the by a vessel other than that notified to of harvested, dependent and related Commission intending to fish for krill in the Commission in accordance with populations to fishing activities. the Convention Area shall notify the paragraph 2, if the notified vessel is 7. New fisheries shall be open only to Secretariat of their intention not later prevented from participation due to those vessels that are equipped and than 1 June prior to the annual meeting legitimate operational reasons or force configured so that they can comply with of the Commission, immediately prior to majeure. In such circumstances the all relevant conservation measures. A the season in which they intend to fish, Member concerned shall immediately vessel with a confirmed involvement in using the pro formas in Annex 21–03/ inform the Secretariat providing: illegal, unreported or unregulated A and Annex 21–03/B. (i) Full details of the intended fishing in respect of Conservation 2. This notification shall include the replacement vessel(s) as prescribed in Measures 10–06 and 10–07 shall not be information prescribed in paragraph 4 of paragraph 2; permitted to participate in new Conservation Measure 10–02 in respect (ii) A comprehensive account of the fisheries. of each vessel proposing to participate reasons justifying the replacement and 8. The information provided in in the fishery, with the exception that any relevant supporting evidence or accordance with paragraphs 3 to 7, the notification shall not be required to references. together with any other relevant specify the information referred to in The Secretariat shall immediately information, shall be considered by the subparagraph 4(ii) of Conservation circulate this information to all Scientific Committee, which shall then Measure 10–02. Members shall, to the Members. advise the Commission. extent practicable, also provide in their 6. A vessel on either of the IUU Vessel 9. After its review of the information notification the additional information Lists established under Conservation on the proposed new fishery, taking full detailed in paragraph 5 of Conservation Measures 10–06 and 10–07 shall not be account of the recommendations and Measure 10–02 in respect to each permitted by Members to participate in the advice of the Scientific Committee, fishing vessel notified. Members are not krill fisheries. the Commission may then take such hereby exempted from their obligations 7. The Secretariat shall provide the action as it deems necessary. under Conservation Measure 10–02 to Commission and its relevant subsidiary 1 Except for waters adjacent to the submit any necessary updates to vessel bodies with information regarding Kerguelen and Crozet Islands. and licence details within the deadline substantial discrepancies between 2 Except for waters adjacent to the Prince established therein as of issuance of the notifications and actual catches in the Edward Islands. licence to the vessel concerned. krill fishery in the latest season.

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Conservation Measure 22–05 (2008) Commission has conservation measures precautionary and ecosystem in force for bottom trawling gear. approaches to fisheries management by Restrictions on the use of bottom 2. This conservation measure does not embracing principles of conservation as trawling gear in high-seas areas of the apply to the use of bottom trawling gear stated in Article II of the Convention, Convention Area in conducting scientific research in the Conscious of the urgent need to (Species: all; Area: high seas; Season: Convention Area. protect vulnerable marine ecosystems all; Gear: bottom trawl) (VMEs) from bottom fishing activities Conservation Measure 22–06 (2008) 12 The Commission hereby adopts the that have significant adverse impacts on following conservation measure in Bottom fishing in the Convention Area such ecosystems, accordance with Article IX of the (Species: all; Area: see paragraphs 1, 2; Noting that United Nations General Convention: Season: all; Gear: bottom fishing) Assembly Resolution 61/105, adopted 1. The use of bottom trawling gear in The Commission, on 8 December 2006, calls on regional the high-seas areas of the Convention Recognising the commitment made by fisheries management organisations or Area is restricted to areas for which the Members to implement the CCAMLR arrangements with the competence to

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regulate bottom fisheries to adopt and and thereafter shall be subject to encountered, and has not otherwise implement measures to prevent assessment by the Scientific Committee, been reported under Conservation significant adverse impacts of bottom based on the best available scientific Measure 22–07. fisheries on VMEs and noting further information, to determine if such 10. Contracting Parties, in the absence that all CCAMLR Members joined in the activities, taking account of the history of site-specific or other conservation consensus by which this resolution was of bottom fishing in the areas proposed, measures to prevent significant adverse adopted, would contribute to having significant impact on VMEs, shall require vessels Noting also the importance of Article adverse impacts on VMEs, and to ensure flying their flag to cease bottom fishing IX of the Convention, including the use that if it is determined that these activities in any location where of the best scientific evidence available, activities would make such evidence of a VME is encountered in the Aware of the steps already taken by contributions, that they are managed to course of fishing operations, and to CCAMLR to address the impacts of prevent such impacts or are not report the encounter to the Secretariat in deep-sea gillnetting and bottom trawling authorised to proceed. The assessments accordance with the schedule of the in the Convention Area, through the shall include the following procedures: Catch and Effort Reporting System implementation of Conservation (i) Each Contracting Party proposing (Conservation Measures 23–01, 23–02 or Measures 22–04 and 22–05 respectively, to participate in bottom fishing shall 23–03, whichever is applicable), so that Recognising that CCAMLR has submit to the Scientific Committee and appropriate conservation measures can responsibilities for the conservation of Commission information and a be adopted in respect of the relevant Antarctic marine living resources, part preliminary assessment based on the site. of which include the attributes of a pro forma in Annex 22–06/A, with the 11. The Scientific Committee shall regional fisheries management best available data, of the known and provide advice to the Commission on organisation, anticipated impacts of its bottom fishing the known and anticipated impacts of Noting that all CCAMLR conservation activities on VMEs, including benthos bottom fishing activities on VMEs, and measures are published on the CCAMLR and benthic communities, no less than recommend practices, including ceasing Web site, three months in advance of the next fishing operations if needed, when Hereby adopts the following meeting of the Commission. These evidence of a VME is encountered in the conservation measure in accordance submissions shall also include the course of bottom fishing operations. with Article IX of the Convention: mitigation measures proposed by the Taking account of this advice, the Management of Bottom Fishing Contracting Party to prevent such Commission shall adopt conservation 1. This conservation measure applies impacts. measures to be applied when evidence to areas in the Convention Area south of (ii) The Scientific Committee shall of a VME is encountered in the course 60° S, and to the rest of the Convention undertake an assessment, according to of fishing operations. procedures and standards it develops, Area with the exception of subareas and Monitoring and Control of Bottom and provide advice to the Commission divisions where an established fishery Fishing Activities was in place in 2006/07 with a catch as to whether the proposed bottom 12. Notwithstanding Members’ limit greater than zero. fishing activity would contribute to 2. This conservation measure also having significant adverse impacts on obligations pursuant to Conservation applies to the area of Division 58.4.1 VMEs and, if so, whether the proposed Measure 21–02, all Contracting Parties north of 60° S. or additional mitigation measures whose vessels participate in bottom 3. For the purposes of this measure, would prevent such impacts. The fisheries shall: the term ‘vulnerable marine ecosystems’ Scientific Committee may use in its (i) Ensure that their vessels are in the context of CCAMLR includes assessment additional information equipped and configured so that they seamounts, hydrothermal vents, cold available to it, including information can comply with all relevant water corals and sponge fields. from other fisheries in the region or conservation measures; 4. For the purposes of this measure, similar fisheries elsewhere. (ii) Ensure that each vessel carries at the term ‘bottom fishing activities’ (iii) The Commission shall, taking least one CCAMLR-designated scientific includes the use of any gear that account of advice and recommendations observer to collect data in accordance interacts with the bottom. provided by the Scientific Committee with this and other conservation 5. Until 30 November 2008, bottom concerning bottom fishing activities, measures; fishing activities shall be limited to including data and information arising (iii) Submit data pursuant to Data those areas for which bottom fishing from reports pursuant to paragraph 8, Collection Plans for bottom fisheries to activities were approved by the adopt conservation measures to prevent be developed by the Scientific Commission in the 2006/07 fishing significant adverse impacts on VMEs, Committee and included in season. that as appropriate: conservation measures; 6. Contracting Parties whose vessels (a) Allow, prohibit or restrict bottom (iv) Be prohibited from continuing wish to engage in any bottom fishing fishing activities within particular areas; participation in the relevant bottom activities, beginning 1 December 2008, (b) Require specific mitigation fishery if data arising from conservation shall follow the procedures described in measures for bottom fishing activities; measures relevant to that bottom fishery paragraphs 8 to 12 below. (c) Allow, prohibit or restrict bottom have not been submitted to CCAMLR 7. Contracting Parties shall authorise fishing with certain gear types; and/or pursuant to paragraph 12(iii) for the vessels flying their flag to participate in (d) Contain any other relevant most recent season in which fishing bottom fishing activities only in requirements or restrictions to prevent occurred, until the relevant data have accordance with the provisions of this significant adverse impacts to VMEs. been submitted to CCAMLR and the conservation measure and Conservation Scientific Committee has been allowed Encounters With VMEs Measure 10–02. an opportunity to review the data. 9. Annex 22–06/B provides a 13. The Secretariat shall annually Assessment of Bottom Fishing notification form for Contracting Parties compile a list of vessels authorised to 8. All individual bottom fishing to use to notify the Secretariat when fish pursuant to this conservation activities commencing 1 December 2008 evidence of VMEs has been measure and shall make this list

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publicly available on CCAMLR’s Web Longline type (Spanish/auto/trotline/ 2.1.5 Physical and biological/ site. pots) ecological consequences of impact 1.1.2 Subarea/division e.g. 88.1 and e.g. loss of physical habitat Data Collection and Sharing and 88.2 structure or of keystone species or Scientific Research 1.1.3 Period of application extinctions. 14. The Scientific Committee shall, Year 2.2 Estimated cumulative footprint based on the best available scientific 1.2 Proposed fishing activity Please provide an estimated information, advise the Commission on 1.2.1 Detailed description of gear cumulative impact derived from where VMEs are known to occur or are Please provide a detailed diagram of information provided under 2.1.1 to likely to occur, and advise on potential the gear configuration to be used 2.1.5 above and any additional mitigation measures. Contracting Parties (see WG–FSA–08/60 for example or information available from the shall provide the Scientific Committee diagrams available in the CCAMLR Secretariat (e.g. historical fishing with all relevant information to assist in observer logbook). Include details of effort; habitat maps). this work. The Secretariat shall line type; line length (length range 2.3. Research activities related to maintain an inventory including digital if necessary); hook type(s); numbers provision of new information on maps of all known VMEs in the per line and spacing of hooks VMEs Convention Area for circulation to all within a line (per vertical line for 2.3.1 Previous research Please provide a summary of research Contracting Parties and other relevant trotlines); weight material and previously carried out in the bodies. mass; spacing of weights; anchor 15. Scientific bottom fishing research proposed area of activity by your type; floats and spacing etc. for each Member State (including national/ activities notified under Conservation vessel included in this application/ Measure 24–01, paragraph 2, shall regional/international research notification. programs). This should include data proceed according to Conservation 1.2.2 Scale of proposed activity Measure 24–01 and shall be undertaken collected in the previous season Please provide estimates of total under 2.3.2 and details of data with due regard to potential impacts on numbers of hooks and/or lines to be submitted to the Secretariat such as: VMEs. Scientific bottom fishing deployed. —Indirect evidence (e.g. by-catch research activities notified under 1.2.3 Spatial distribution of activity observation; species identification Conservation Measure 24–01, paragraph Please provide details of SSRUs or through sample collection and 3, shall be treated in accordance with all geographical regions within the genetic and morphological analysis; aspects of paragraph 9 of this subarea/division in which activities acoustic or geomorphic data conservation measure, notwithstanding will take place including the depth collection; other) the procedures in Conservation Measure range of fishing activities. —Direct evidence (e.g. observations 24–01. Consistent with existing 1.3 Mitigation measures to be used using camera gear or ROVS; other) reporting requirements in Conservation Please provide details of 2.3.2 In-season research Measure 24–01, paragraph 4, modifications to gear configuration Please summarise details of the information regarding the location and or methods of deployment aimed at research planned during the the type of any VME encountered, in the preventing or reducing adverse proposed fishing activities by your course of scientific bottom fishing impacts to VMEs. Member State (including national/ research activities, shall be reported to 2. Preliminary assessment of bottom regional/international research the Secretariat. fishing activities—Supporting programs). Please provide details of Review Information what data will be collected in order 2.1 Assessment of known/anticipated to document evidence of or further 16. This conservation measure will be impacts on VMEs knowledge on VMEs within the reviewed at the next regular meeting of Please provide data or information areas of activities including: the Commission, based on the findings available on the current state of —Indirect evidence (see examples of the Scientific Committee. In addition, knowledge of impacts of proposed above) beginning in 2009 and biennially fishing activities on VMEs within —Direct evidence (see examples thereafter, the Commission will examine the area of activity. above) the effectiveness of relevant 2.3.3 Follow-on research 2.1.1 Estimated spatial effort conservation measures in protecting Please provide details of potential footprint VMEs from significant adverse impacts, future research resulting from Please provide details of % area based on advice from the Scientific previous/in-season research, covered by fishing effort. Committee. including collaborative work with 2.1.2 Summary of potential VMEs 1 Except for waters adjacent to the other Member States or as part of present within areas of activity e.g. national/regional/international Kerguelen and Crozet Islands. biogenic/geological; habitat area 2 research programs including: Except for waters adjacent to the Prince coverage/distribution; fragility/ Edward Islands. —Indirect evidence (see examples vulnerability and resilience of above) Annex 22–06/A habitats; species composition/ —Direct evidence (see examples Pro Forma for Submitting Preliminary endemism; life-history traits. Please above) provide details. Assessments of the Potential for Conservation Measure 22–07 (2008) 12 Proposed Bottom Fishing Activities to 2.1.3 Probability of impacts e.g. low/ Have Significant Adverse Impacts on medium/high/unknown. Please Interim measure for bottom fishing Vulnerable Marine Ecosystems (VMEs) provide details. activities subject to Conservation 2.1.4 Magnitude/severity of the Measure 22–06 encountering potential 1. Preliminary assessment of bottom interaction of the proposed fishing vulnerable marine ecosystems in the fishing activities—Required Information gear with VMEs e.g. associated Convention Area 1.1 Scope mortality and spatial extent of (Species: all; Area: see CM 22–06; 1.1.1 Fishing method(s) to be used impacts. Please provide details. Season: all; Gear: bottom fishing)

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The Commission, Vessel Requirements Commission. Scientific research as Noting the commitment made by 3. Members shall require their vessels agreed by the Scientific Committee shall Members to avoid significant adverse to clearly mark fishing lines into line be allowed in Risk Areas. 10. The Commission will review this impacts on vulnerable marine segments and to monitor all line conservation measure in 2009, in light ecosystems (VMEs) from bottom fishing segments for the number of VME of observer, vessel and other data activities, indicator units. 4. Members shall require their vessels, collected during the 2008/09 season, the Acknowledging the current results of the 2009 Expert Workshop on prohibitions on bottom trawling in if 10 or more VME indicator units are recovered in one line segment, to Vulnerable Marine Ecosystems, any Conservation Measure 22–05 and on other relevant information, the deep-sea gillnetting in Conservation complete hauling any lines intersecting with the Risk Area without delay and deliberations of the Working Group on Measure 22–04 in the high seas areas of Ecosystem Monitoring and Management the Convention Area, not to set any further lines intersecting with the Risk Area. The vessel shall (WG–EMM) and the Working Group on Agreeing on the need to implement immediately communicate to the Fish Stock Assessment (WG–FSA), and the precautionary approach for Secretariat and to its Flag State the in accordance with the advice of the managing bottom fisheries with respect location of the midpoint of the line Scientific Committee. to VMEs due to the difficulty in segment from which those VME 1 Except for waters adjacent to the acquiring data on their location, extent indicator units were recovered along Kerguelen and Crozet Islands. and risk of significant adverse impacts, with the number of VME indicator units 2 Except for waters adjacent to the Prince Further noting the need to acquire recovered. Edward Islands. additional data during the 2008/09 5. Members shall require their vessels, 3 Available from the Secretariat. season to contribute to assessments and if five or more VME indicator units are 4 In latitude and longitude. 5 advice on a long-term precautionary recovered within one line segment, to This may be through the Flag State or approach to avoiding significant adverse directly to the Secretariat, whichever is the immediately communicate to the most practicable. 5 impacts on VMEs, Secretariat and to their Flag State the 6 A fine-scale rectangle is defined as an Hereby adopts the following location of the midpoint of the line area of 0.5° latitude by 1° longitude with conservation measure in accordance segment from which those VME respect to the northwest corner of the with Article IX of the Convention and indicator units were recovered along statistical subarea or division. The Conservation Measure 22–06: with the number of VME indicator units identification of each rectangle is by the recovered. latitude of its northernmost boundary and the Area longitude of the boundary closest to 0°. Management 1. This conservation measure applies Conservation Measure 24–01 (2008) 12 6. On receipt of a notification under to the same area as Conservation The application of conservation Measure 22–06. paragraph 4, the Secretariat shall: (i) Record the location of the Risk measures to scientific research Definitions Area; (Species: all; Area: all; Season: all; Gear: (ii) Within one working day of receipt, all) 2. The following definitions apply to notify all fishing vessels in the relevant This conservation measure governs the this conservation measure: fishery and their Flag States that the application of conservation measures (i) Those contained in paragraphs 3 Risk Area is closed; and that, as in to scientific research and is adopted and 4 in Conservation Measure 22–06 paragraph 4, all vessels shall in accordance with Article IX of the relating to ‘vulnerable marine immediately cease setting any further Convention. ecosystems’ (VMEs) and ‘bottom fishing lines intersecting with the Risk Area. 1. General Application: activities’. 7. On receipt of five notifications (a) Catches taken by any vessel for (ii) VME indicator organism means under paragraph 5 within a single fine- research purposes will be considered as any benthic organism listed in the scale rectangle 6, the Secretariat shall, part of any catch limits in force for each Benthic Invertebrate Classification within one working day of receiving the species taken unless the catch limit in Guide 3. fifth notification, notify all fishing an area3 is set at zero. (b) In the event of research being (iii) ‘VME indicator unit’ means either vessels in the relevant fishery and their undertaken in an area3 with a zero catch one litre of those VME indicator Flag States of the coordinates of the limit, then the catches adopted under organisms that can be placed in a 10- fine-scale rectangle, indicating that paragraphs 2 or 3 below shall be litre container; or one kilogram of those VMEs may occur within that area. considered to be the catch limit for the VME indicator organisms that do not fit Vessels may continue to fish in the area season in that area. When such an area into a 10-litre container. consistent with paragraphs 4 and 5. sits within a group of areas to which an (iv) ‘Line segment’ means a 1 000- Data overall catch limit applies, that overall hook section of line or a 1 200 m section 8. Vessels shall report in accordance catch limit shall not be exceeded of line, whichever is the shorter, and for with Conservation Measure 23–01 total including any catch taken for research pot lines a 1 200 m section. benthos recovered in a 5-day period. To purposes. (v) ‘Risk Area’ means an area where the extent possible, VME indicator units 2. Application to Members taking less 10 or more VME indicator units are for each line segment and the midpoint than 50 tonnes of finfish in a season recovered within a single line segment. of each line segment on all lines should including no more than the amounts A Risk Area has a radius of 1 n mile be reported in the fine-scale data. specified for finfish taxa in Annex 24– from the midpoint 4 of the line segment 01/B and less than 0.1% of a given catch from which the VME indicator units are Review limit for non-finfish taxa indicated in recovered. However, Members may 9. A Risk Area shall remain closed for Annex 24–01/B: require their vessels to observe a larger any fishery until reviewed by the (a) Any Member planning to use a Risk Area in accordance with their Scientific Committee and management vessel or vessels for research purposes domestic laws. actions are determined by the when the estimated seasonal catch is as

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above shall notify the Secretariat of the event of any request for a review of such within 12 months for review and Commission which in turn will notify plan being lodged within two months of comment. all Members immediately, according to its circulation, the Executive Secretary (d) Catch, effort and biological data the format provided in Annex 24–01/A. shall notify all Members and submit the resulting from research fishing should (b) Vessels to which the provisions of plan to the Scientific Committee for be reported to the Secretariat according paragraph 2(a) above apply, shall be review. Based on the submitted to the haul-by-haul reporting format for exempt from conservation measures Research Plan and any advice provided research vessels (C4). relating to mesh size regulations, by the appropriate working group, the 5. Other requirements for these prohibition of types of gear, closed Scientific Committee will provide research activities are: areas, fishing seasons and size limits, advice to the Commission where the (a) All vessels conducting research and reporting system requirements other review process will be concluded. Until fishing under the research exemption, than those specified in paragraph 4 the review process is complete, the during a voyage that invokes any below. planned fishing for research purposes commercial fishing, shall be linked to 3. Application to Members taking shall not proceed. an automated satellite-linked vessel more than 50 tonnes of finfish or more (b) Research Plans shall be reported in monitoring system in accordance with than the amounts specified for finfish accordance with the standardised Conservation Measure 10–04. taxa in Annex 24–01/B or more than guidelines and formats adopted by the 1 Except for waters adjacent to the 0.1% of a given catch limit for non- Scientific Committee, given in Annex Kerguelen and Crozet Islands. finfish taxa indicated in Annex 24–01/ 24–01/A. 2 Except for waters adjacent to the Prince B: 4. Reporting requirements for these Edward Islands. (a) Any Member planning to use any research activities are: 3 Any management area including subarea, type of vessel or vessels to conduct (a) The CCAMLR within-season five- division or SSRU, whichever is designated as fishing for research purposes when the day reporting system shall apply. a zero catch limit. estimated seasonal catch is as above, (b) All research catches shall be Annex 24–01/A shall notify the Commission and reported to CCAMLR as part of the provide the opportunity for other annual STATLANT returns. Formats for Notification of Research Members to review and comment on its (c) A summary of the results of any Vessel Activity Research Plan. The plan shall be research subject to the above provisions [this annex is unchanged] provided to the Secretariat for shall be provided to the Secretariat distribution to Members at least six within 180 days of the completion of the Annex 24–01/B months in advance of the planned research fishing. Members shall provide Taxa-Specific Schedule for Notification starting date for the research. In the a full report to the Scientific Committee of Research Vessel Activity

Expected catch Taxon Gear type (tonnes)

(a) Thresholds for finfish taxa Dissostichus spp.. Longline ...... 5 Trawl ...... 5 Pot ...... 5 Other ...... 0 Champsocephalus gunnari ...... All ...... 10 (b) Non-finfish taxa for which a catch threshold of 0.1% of the catch limit for a given area would apply Krill ...... Squid ...... Crabs ......

Conservation Measure 24–02 (2008) A1. Prior to entry into force of the (b) For vessels using the Spanish licence for this fishery and once per longline system, each longline shall be Longline weighting for seabird fishing season, either prior to entering at least 16 000 m in length; conservation. the Convention Area or at the first (c) For vessels using the Spanish (Species: seabirds; Area: selected; opportunity after entering the longline system, with longlines less Season: all; Gear: longline) Convention Area and before than 16 000 m in length, each longline In respect of fisheries in Statistical commencing fishing, the vessel shall, shall be of the maximum length to be Subareas 48.4, 48.6, 88.1 and 88.2 and under observation by a scientific used by the vessel in the Convention Statistical Divisions 58.4.1, 58.4.2, observer: Area; 58.4.3a, 58.4.3b and 58.5.2, paragraph (d) For vessels using a longline system 5 of Conservation Measure 25–02 (i) Set a minimum of two longlines, unbaited if set in the Convention Area, other than an autoline or Spanish shall not apply only where a vessel longline system, each longline shall be can demonstrate its ability to fully with a minimum of four TDRs on the middle one-third of each longline, of the maximum length to be used by comply with one of the following the vessel in the Convention Area; protocols. where: (ii) Randomise TDR placement on the (a) For vessels using the auto longline Protocol A (for vessels monitoring longline, noting that, except for longline sink rate with Time-Depth system, each longline shall be at least 6 trotlines, all tests should be applied Recorders (TDRs) and using longlines to 000 m in length; midway between weights. In the case of which weights are manually attached): trotlines TDRs should be placed on

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droppers less than 1 m from the B1. Prior to entry into force of the (i) Attempt to conduct a bottle test on attachment position of the uppermost licence for this fishery and once per one longline set every twenty-four hour cluster of hooks (i.e., hooks most distant fishing season either prior to entering period; from line weight); the Convention Area or at the first (ii) Every seven days conduct at least (iii) Calculate an individual sink rate opportunity after entering the four bottle tests on a single longline to for each TDR when returned to the Convention Area and before determine any sink rate variation along vessel, where: commencing fishing, the vessel shall, the longline; (a) The sink rate shall be measured as under observation by a scientific (iii) Randomise bottle test placement an average of the time taken for the observer: on the longline, noting that all tests longline to sink from the surface (0 m) (i) Set a minimum of two longlines, should be applied halfway between to 15 m; unbaited if set in the Convention Area, weights; (b) This sink rate shall be at a with a minimum of four bottle tests (see (iv) Calculate an individual longline minimum rate of 0.3 m/s; paragraphs B5 to B9) on the middle one- sink rate for each bottle test at the time (iv) If the minimum sink rate is not third of each longline, where: of the test; achieved at all eight sample points (four (a) For vessels using the auto longline (v) Measure the longline sink rate as tests on two longlines), continue the the time taken for the longline to sink testing until such time as a total of eight system, each longline shall be at least 6 000 m in length; from the surface (0 m) to 10 m. tests with a minimum sink rate of 0.3 m/ B3. The vessel shall: s are recorded; (b) For vessels using the Spanish (i) Ensure that all longlines are (v) All equipment and fishing gear longline system, each longline shall be weighted to achieve a minimum used in the tests is to be to the same at least 16 000 m in length; longline sink rate of 0.3 m/s at all times specifications as that to be used in the (c) For vessels using the Spanish whilst operating under this exemption; Convention Area. longline system, with longlines less (ii) Report daily to its national agency A2. During fishing, for a vessel to be than 16 000 m in length, each longline on the achievement of this target whilst allowed to maintain the exemption to shall be of the maximum length to be operating under this exemption; night-time setting requirements used by the vessel in the Convention (iii) Ensure that data collected from (paragraph 5 of Conservation Measure Area; longline sink rate tests and longline sink 25–02), regular longline sink monitoring (d) For vessels using a longline system rate monitoring during fishing are shall be undertaken by the CCAMLR other than an autoline or Spanish recorded in the CCAMLR-approved scientific observer. The vessel shall longline system, each longline shall be format 1 and submitted to the relevant cooperate with the CCAMLR observer of the maximum length to be used by national agency and CCAMLR Data who shall: the vessel in the Convention Area; Manager within two months of the (i) Attempt to conduct a TDR test on (ii) Randomise bottle test placement vessel departing a fishery to which this one longline set every twenty-four hour on the longline, noting that, except for measure applies. period; trotlines, all tests should be applied B4. A bottle test is to be conducted as (ii) Every seven days place at least midway between weights. In the case of described below. four TDRs on a single longline to trotlines TDRs should be placed on determine any sink rate variation along Bottle Set Up droppers less than 1 m from the the longline; B5. 10 m of 2 mm multifilament nylon (iii) Randomise TDR placement on the attachment position of the uppermost snood twine, or equivalent, is securely longline, noting that all tests should be cluster of hooks (i.e., hooks most distant from line weight); attached to the neck of a 500–1 000 ml applied halfway between weights; 2 (iv) Calculate an individual longline (iii) Calculate an individual sink rate plastic bottle with a longline clip sink rate for each TDR when returned to for each bottle test at the time of the test, attached to the other end. The length the vessel; where: measurement is taken from the (v) Measure the longline sink rate as (a) The sink rate shall be measured as attachment point (terminal end of the an average of the time taken for the the time taken for the longline to sink clip) to the neck of the bottle, and longline to sink from the surface (0 m) from the surface (0 m) to 10 m; should be checked by the observer every to 15 m. (b) This sink rate shall be at a few days. B6. Reflective tape should be wrapped A3. The vessel shall: minimum rate of 0.3 m/s; around the bottle to allow it to be (i) Ensure that all longlines are (iv) If the minimum sink rate is not weighted to achieve a minimum observed in low light conditions and at achieved at all eight sample points (four night. longline sink rate of 0.3 m/s at all times tests on two longlines), continue the whilst operating under this exemption; testing until such time as a total of eight Test (ii) Report daily to its national agency tests with a minimum sink rate of 0.3 m/ on the achievement of this target whilst B7. The bottle is emptied of water, the s are recorded; operating under this exemption; stopper is left open and the twine is (iii) Ensure that data collected from (v) All equipment and fishing gear wrapped around the body of the bottle longline sink rate tests and longline sink used in the tests is to be to the same for setting. The bottle with the encircled rate monitoring during fishing are specifications as that to be used in the twine is attached to the longline,3 recorded in the CCAMLR-approved Convention Area. midway between weights (the format 1 and submitted to the relevant B2. During fishing, for a vessel to be attachment point). national agency and CCAMLR Data allowed to maintain the exemption to B8. The observer records the time at Manager within two months of the night-time setting requirements which the attachment point enters the vessel departing a fishery to which this (paragraph 5 of Conservation Measure water as t1 in seconds. The time at measure applies. 25–02), regular longline sink rate which the bottle is observed to be Protocol B (for vessels monitoring monitoring shall be undertaken by the pulled completely under is recorded as 4 longline sink rate with bottle tests and CCAMLR scientific observer. The vessel t2 in seconds. The result of the test is using longlines to which weights are shall cooperate with the CCAMLR calculated as follows: manually attached): observer who shall: Longline sink rate = 10 / (t2 ¥ t1).

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B9. The result should be equal to or C2. During fishing, for a vessel to be longline fishing by minimising their greater than 0.3 m/s. These data are to allowed to maintain the exemption to attraction to fishing vessels and by be recorded in the space provided in the night-time setting requirements preventing them from attempting to electronic observer logbook. (paragraph 5 of Conservation Measure seize baited hooks, particularly during Protocol C (for vessels monitoring 25–02), regular longline sink rate the period when the lines are set, longline sink rate with either (TDR) or monitoring shall be undertaken by the Recognising that in certain subareas bottle tests, and using internally CCAMLR scientific observer. The vessel and divisions of the Convention Area weighted longlines with integrated shall cooperate with the CCAMLR there is also a high risk that seabirds weight of at least 50 g/m and designed observer who shall: will be caught during line hauling, to sink instantly with a linear profile at (i) Attempt to conduct a TDR or bottle Adopts the following measures to greater than 0.2 m/s with no external test on one longline set every twenty- reduce the possibility of incidental weights attached): four hour period; mortality of seabirds during longline C1. Prior to entry into force of the (ii) Every seven days conduct at least fishing. licence for this fishery and once per four TDR or bottle tests on a single 1. Fishing operations shall be longline to determine any sink rate conducted in such a way that fishing season either prior to entering 3 the Convention Area or at the first variation along the longline; hooklines sink beyond the reach of opportunity after entering the (iii) Randomise TDR or bottle test seabirds as soon as possible after they Convention Area and before placement on the longline; are put in the water. 2. Vessels using autoline systems commencing fishing, the vessel shall, (iv) Calculate an individual longline should add weights to the hookline or under observation by a scientific sink rate for each TDR when returned to use integrated weight (IW) hooklines observer: the vessel or each bottle test at the time while deploying longlines. IW longlines (i) Set a minimum of two longlines, of the test; of a minimum of 50 g/m or attachment unbaited if set in the Convention Area, (v) Measure the longline sink rate for to non-IW longlines of 5 kg weights at with either a minimum of four TDRs, or bottle tests as the time taken for the longline to sink from the surface (0 m) 50 to 60 m intervals are recommended. a minimum of four bottle tests (see 3. Vessels using the Spanish method paragraphs B5 to B9) on the middle one- to 10 m, or for TDRs the average of the time taken for the longline to sink from of longline fishing should release third of each longline, where: weights before line tension occurs; (a) For vessels using the auto longline the surface (0 m) to 15 m. 4 C3. The vessel shall: traditional weights of at least 8.5 kg system, each longline shall be at least 6 mass shall be used, spaced at intervals 000 m in length; (i) Ensure that all longlines are set so as to achieve a minimum longline sink of no more than 40 m, or traditional (b) For vessels using the Spanish weights 4 of at least 6 kg mass shall be longline system, each longline shall be rate of 0.2 m/s at all times whilst operating under this exemption; used, spaced at intervals of no more at least 16 000 m in length; than 20 m, or solid steel weights 5 of at (c) For vessels using the Spanish (ii) Report daily to its national agency on the achievement of this target whilst least 5 kg mass shall be used, spaced at longline system, with longlines less intervals of no more than 40 m. than 16 000 m in length, each longline operating under this exemption; (iii) Ensure that data collected from 4. Vessels using the trotline system shall be of the maximum length to be exclusively (not a mix of trotlines and used by the vessel in the Convention longline sink rate tests and longline sink rate monitoring during fishing are the Spanish system within the same Area; longline) shall deploy weights only at (d) For vessels using a longline system recorded in the CCAMLR-approved format 1 and submitted to the relevant the distal end of the droppers in the other than an autoline or Spanish trotline. Weights shall be traditional longline system, each longline shall be national agency and CCAMLR Data Manager within two months of the weights of at least 6 kg or solid steel of the maximum length to be used by weights of at least 5 kg. Vessels the vessel in the Convention Area; vessel departing a fishery to which this measure applies. alternating between the use of the (ii) Randomise TDR or bottle test Spanish system and trotline method 1 placement on the longline; Included in the scientific observer shall use: (i) For the Spanish system: (iii) Calculate an individual sink rate electronic logbook. line weighting shall conform to the 2 A plastic water bottle that has a ‘stopper’ for each TDR when returned to the provisions in paragraph 3; (ii) for the vessel, or for each bottle test at the time is needed. The stopper of the bottle is left open so that the bottle will fill with water trotline method: line weighting shall be of the test, where: after being pulled under water. This allows either 8.5 kg traditional weights or 5 kg (a) The sink rate shall be measured as the plastic bottle to be re-used rather than steel weights attached on the hook-end an average of the time taken for the being crushed by water pressure. of all droppers in the trotline at no more longline to sink from the surface (0 m) 3 On autolines attach to the backbone; on than 80 m intervals. 6 to 15 m for TDRs and the time taken for the Spanish longline system attach to the 5. Longlines shall be set at night only the longline to sink from the surface (0 hookline. (i.e. during the hours of darkness 4 m) to 10 m for bottle tests; Binoculars will make this process easier between the times of nautical (b) This sink rate shall be at a to view, especially in foul weather. twilight 7) 8. During longline fishing at minimum rate of 0.2 m/s; Conservation Measure 25–02 (2008) 12 night, only the minimum ship’s lights (iv) If the minimum sink rate is not necessary for safety shall be used. achieved at all eight sample points (four Minimisation of the incidental mortality 6. The dumping of offal is prohibited tests on two longlines), continue the of seabirds in the course of longline while longlines are being set. The testing until such time as a total of eight fishing or longline fishing research in dumping of offal during the haul shall tests with a minimum sink rate of 0.2 m/ the Convention Area. be avoided. Any such discharge shall s are recorded; (Species: seabirds; Area: all; Season: all; take place only on the opposite side of (v) All equipment and fishing gear Gear: longline) the vessel to that where longlines are used in the tests is to be to the same The Commission, hauled. For vessels or fisheries where specifications as that to be used in the Noting the need to reduce the there is not a requirement to retain offal Convention Area. incidental mortality of seabirds during on board the vessel, a system shall be

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implemented to remove fish hooks from 3 Hookline is defined as the groundline or the water at the stern on the windward offal and fish heads prior to discharge. mainline to which the baited hooks are side of the point where the hookline 7. Vessels which are so configured attached by snoods. enters the water. 4 Traditional weights are those made from that they lack on-board processing 3. The streamer line shall be a facilities or adequate capacity to retain rocks or concrete. 5 Solid steel weights shall not be made minimum of 150 m in length and offal on board, or the ability to discharge from chain links. They should be made in a include an object towed at the seaward offal on the opposite side of the vessel hydrodynamic shape designed to sink end to create tension to maximise aerial to that where longlines are hauled, shall rapidly. coverage. The object towed should be not be authorised to fish in the 6 Recognising that Spanish system maintained directly behind the Convention Area. longlines with weights at 40 m intervals are attachment point to the vessel such that 8. A streamer line shall be deployed typically configured with lines at 80 m during longline setting to deter birds intervals that connect hauling and hook lines in crosswinds the aerial extent of the from approaching the hookline. (see diagram Annex 25–02/B). These streamer line is over the hookline. Specifications of the streamer line and connecting lines form the dropper lines of 4. Branched streamers, each its method of deployment are given in the trotline method. comprising two strands of a minimum 7 Annex 25–02/A. The exact times of nautical twilight are of 3 mm diameter brightly coloured 9. A device designed to discourage set forth in the Nautical Almanac tables for plastic tubing 1 or cord, shall be the relevant latitude, local time and date. A birds from accessing baits during the copy of the algorithm for calculating these attached no more than 5 m apart haul of longlines shall be employed in times is available from the CCAMLR commencing 5 m from the point of those areas defined by CCAMLR as Secretariat. All times, whether for ship attachment of the streamer line to the average-to-high or high (Level of Risk 4 operations or observer reporting, shall be vessel and thereafter along the aerial or 5) in terms of risk of seabird by-catch. referenced to GMT. extent of the line. Streamer length shall These areas are currently Statistical 8 Wherever possible, setting of lines should range between minimums of 6.5 m from Subareas 48.3, 58.6 and 58.7 and be completed at least three hours before the stern to 1 m for the seaward end. Statistical Divisions 58.5.1 and 58.5.2. sunrise (to reduce loss of bait to/catches of When a streamer line is fully deployed, 10. Every effort should be made to white-chinned petrels). the branched streamers should reach the 9 The mitigation measures under test ensure that birds captured alive during sea surface in the absence of wind and longlining are released alive and that should be constructed and operated taking full account of the principles set out in WG– swell. Swivels or a similar device wherever possible hooks are removed FSA–03/22 (the published version of which should be placed in the streamer line in without jeopardising the life of the bird is available from the CCAMLR Secretariat such a way as to prevent streamers concerned. and Web site); testing should be carried out being twisted around the streamer line. 11. Other variations in the design of independently of actual commercial fishing Each branched streamer may also have mitigation measures may be tested on and in a manner consistent with the spirit of a swivel or other device at its vessels carrying two observers, at least Conservation Measure 21–02. attachment point to the streamer line to one appointed in accordance with the Annex 25–02/A prevent fouling of individual streamers. CCAMLR Scheme of International Scientific Observation, providing that 1. The aerial extent of the streamer 5. Vessels are encouraged to deploy a all other elements of this conservation line, which is the part of the line second streamer line such that streamer measure are complied with.9 Full supporting the streamers, is the effective lines are towed from the point of proposals for any such testing must be seabird deterrent component of a attachment each side of the hookline. notified to the Working Group on Fish streamer line. Vessels are encouraged to The leeward streamer line should be of Stock Assessment (WG–FSA) in optimise the aerial extent and ensure similar specifications (in order to avoid advance of the fishing season in which that it protects the hookline as far astern entanglement the leeward streamer line the trials are proposed to be conducted. of the vessel as possible, even in may need to be shorter) and deployed from the leeward side of the hookline. 1 Except for waters adjacent to the crosswinds. Kerguelen and Crozet Islands. 2. The streamer line shall be attached 1 Plastic tubing should be of a type that is 2 Except for waters adjacent to the Prince to the vessel such that it is suspended manufactured to be protected from ultraviolet Edward Islands. from a point a minimum of 7 m above radiation.

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Conservation Measure 26–01 (2008) 12 plastics at sea and that entanglement of Prohibition of Discharge in High- General environmental protection fur seals is still continuing, Latitude Fisheries during fishing Recognising that the bait boxes used 5. Vessels fishing south of 60 ° S shall (Species: All; Area: All; Season: All; on fishing vessels in particular and be prohibited from dumping or Gear: All) other packages in general need not be discharging: The Commission, secured by plastic packaging bands (i) Oil or fuel products or oily Concerned that certain activities because suitable alternatives exist, residues into the sea, except as associated with fishing may affect the Adopts the following conservation permitted under Annex I of MARPOL Antarctic marine environment and that measure to minimise possible effects on 73/78; these activities have played a notable the marine environment arising from (ii) Garbage; role in CCAMLR’s efforts to minimise fishing-related activities in the context (iii) Food wastes not capable of incidental mortality of non-target of mitigating incidental mortality of passing through a screen with openings species such as seabirds and seals, non-target species and protecting the no greater than 25 mm; Noting that previous CCAMLR (iv) Poultry or parts (including egg marine environment in accordance with recommendations, and the provisions of shells); Article IX of the Convention. the MARPOL 73/78 Convention and its (v) Sewage within 12 n miles of land Annexes, prohibit the disposal of all Disposal of Plastic Packaging Bands or ice shelves, or sewage while the ship plastics at sea, in the CAMLR is travelling at a speed of less than 4 Convention Area, 1. The use on fishing vessels of plastic knots; Noting various provisions of the packaging bands to secure bait boxes (vi) Offal; or Protocol on Environmental Protection to shall be prohibited. (vii) Incineration ash. the Antarctic Treaty in particular its 2. The use of other plastic packaging Translocation of Poultry Annexes as well as related bands for other purposes on fishing Recommendations and Measures of the vessels which do not use on-board 6. Live poultry or other living birds Antarctic Treaty Consultative Meetings, incinerators (closed systems) shall be shall not be brought into areas south of ° Recollecting that for many years prohibited. 60 S, and any dressed poultry not advice from the Scientific Committee consumed shall be removed from those 3. Any packaging bands, once has indicated that significant numbers areas. removed from packages, shall be cut of Antarctic fur seals have been 1 Except for waters adjacent to the entangled and killed in plastic into approximately 30 cm sections, so that they do not form a continuous loop Kerguelen and Crozet Islands packaging bands in the Convention 2 and at the earliest opportunity burned Except for waters adjacent to the Prince Area, Edward Islands. Noting the recommendations of in the on-board incinerator. CCAMLR and the provisions of the 4. Any plastic residue shall be stored Conservation Measure 32–09 (2008) MARPOL Convention and its Annexes on board the vessel until reaching port Prohibition of directed fishing for which prohibit the jettisoning of all and in no case discarded at sea. Dissostichus spp. except in

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accordance with specific conservation any other by-catch species for which by- 3. For the purposes of this measure measures in the 2008/09 season catch limitations apply under this ‘Macrourus spp.’ and ‘skates and rays’ (Species: Toothfish; Area: 48.5; Season: conservation measure is equal to, or should each be counted as a single 2008/09; Gear: All) greater than 1 tonne, then the fishing species. The Commission hereby adopts the vessel shall not fish using that method 4. Unless otherwise requested by following conservation measure in of fishing at any point within 5 n miles 1 scientific observers, vessels, where accordance with Article IX of the of the location where the by-catch possible, should release skates and rays Convention: exceeded 1 tonne for a period of at least alive from the line by cutting snoods, Directed fishing for Dissostichus spp. five days.2 The location where the by- and when practical, removing the in Statistical Subarea 48.5 is prohibited catch exceeded 1 tonne is defined as the hooks. from 1 December 2008 to 30 November path 3 followed by the fishing vessel. 5. If the by-catch of any one species 2009. 1 This provision concerning the minimum is equal to or greater than 1 tonne in any one haul or set, then the fishing vessel Conservation Measure 33–02 (2008) distance separating fishing locations is adopted pending the adoption of a more shall move to another location at least Limitation of by-catch in Statistical appropriate definition of a fishing location by 5 n miles 4 distant. The fishing vessel Division 58.5.2 in the 2008/09 season the Commission. shall not return to any point within 5 n (Species: By-catch; Area: 58.5.2; Season: 2 The specified period is adopted in miles of the location where the by-catch 2008/09; Gear: All) accordance with the reporting period exceeded 1 tonne for a period of at least specified in Conservation Measure 23–01, five days.5 The location where the by- 1. There shall be no directed fishing pending the adoption of a more appropriate for any species other than Dissostichus period by the Commission. catch exceeded 1 tonne is defined as the 6 eleginoides and Champsocephalus 3 For a trawl the path is defined from the path followed by the fishing vessel. gunnari in Statistical Division 58.5.2 in point at which the fishing gear was first 6. If the catch of Macrourus spp. taken the 2008/09 fishing season. deployed from the fishing vessel to the point by a single vessel in any two 10-day 2. In directed fisheries in Statistical at which the fishing gear was retrieved by the periods 7 in a single SSRU exceeds 1 500 Division 58.5.2 in the 2008/09 season, fishing vessel. For a longline or a pot, the kg in each 10-day period and exceeds the by-catch of Channichthys path is defined from the point at which the 16% of the catch of Dissostichus spp. by first anchor of a set was deployed to the point rhinoceratus shall not exceed 150 that vessel in that SSRU in those at which the last anchor of that set was periods, the vessel shall cease fishing in tonnes, the by-catch of Lepidonotothen deployed. squamifrons shall not exceed 80 tonnes, that SSRU for the remainder of the the by-catch of Macrourus spp. shall not Conservation Measure 33–03 (2008) 12 season. exceed 360 tonnes and the by-catch of Limitation of by-catch in new and 1 Except for waters adjacent to the skates and rays shall not exceed 120 exploratory fisheries in the 2008/09 Kerguelen and Crozet Islands. tonnes. For the purposes of this season 2 Except for waters adjacent to the Prince measure, ‘Macrourus spp.’ and ‘skates Edward Islands. (Species: By-catch; Area: Various; 3 Total green weight caught, excluding and rays’ should each be counted as a Season: 2008/09; Gear: All) single species. individuals released alive. 4 3. The by-catch of any fish species not 1. This conservation measure applies This provision concerning the minimum to new and exploratory fisheries in all distance separating fishing locations is mentioned in paragraph 2, and for adopted pending the adoption of a more which there is no other catch limit in areas containing small-scale research units (SSRUs) in the 2008/09 season, appropriate definition of a fishing location by force, shall not exceed 50 tonnes in the Commission. Statistical Division 58.5.2. except where specific by-catch limits 5 The specified period is adopted in 4. If, in the course of a directed apply. accordance with the reporting period fishery, the by-catch in any one haul of 2. The catch limits for all by-catch specified in Conservation Measure 23–01, Channichthys rhinoceratus, species are set out in Annex 33–03/A. pending the adoption of a more appropriate Lepidonotothen squamifrons, Within these catch limits, the total period by the Commission. 6 Macrourus spp., Somniosus spp. or catch 3 of by-catch species in any SSRU For a trawl the path is defined from the point at which the fishing gear was first skates and rays is equal to, or greater or combination of SSRUs as defined in relevant conservation measures shall deployed from the fishing vessel to the point than 2 tonnes, then the fishing vessel at which the fishing gear was retrieved by the shall not fish using that method of not exceed the following limits: • fishing vessel. For a longline the path is fishing at any point within 5 n miles 1 Skates and rays 5% of the catch defined from the point at which the first of the location where the by-catch limit of Dissostichus spp. or 50 tonnes anchor of a set was deployed to the point at exceeded 2 tonnes for a period of at whichever is greater; which the last anchor of that set was least five days.2 The location where the • Macrourus spp. 16% of the catch deployed. by-catch exceeded 2 tonnes is defined as limit for Dissostichus spp. or 20 tonnes, 7 A 10-day period is defined as day 1 to day the path 3 followed by the fishing vessel. whichever is greater; 10, day 11 to day 20, or day 21 to the last day of the month. 5. If, in the course of a directed • All other species combined 20 fishery, the by-catch in any one haul of tonnes. Annex 33–03/A

TABLE 1—BY-CATCH CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN 2008/09

By-catch catch limit Dissostichus spp. Subarea/ Region catch limit (tonnes Skates and rays Macrourus spp. Other species division per region) (tonnes per (tonnes per (tonnes per region) region) SSRU)

48.6 ...... North of 60 ° S ...... 200 50 32 20 South of 60 ° S ...... 200 50 32 20 58.4.1 ...... Whole division...... 210 50 33 20

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TABLE 1—BY-CATCH CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN 2008/09—Continued

By-catch catch limit Dissostichus spp. Subarea/ Region catch limit (tonnes Skates and rays Macrourus spp. Other species division per region) (tonnes per (tonnes per (tonnes per region) region) SSRU)

58.4.2 ...... Whole division ...... 70 50 20 20 58.4.3a ...... Whole division...... 86 50 26 20 58.4.3b ...... North of 60 ° S ...... 120 50 80 20 88.1 ...... Whole subarea ...... 2700 135 430 20 88.2 ...... South of 65 ° S ...... 567 50 90 20 Region: As defined in column 2 of this table. Rules for catch limits for by-catch species: Skates and rays: 5% of the catch limit for Dissostichus spp. or 50 tonnes, whichever is greatest (SC–CAMLR–XXI, paragraph 5.76). Macrourus spp.: 16% of the catch limit for Dissostichus spp. or 20 tonnes whichever is greatest, except in Statistical Divisions 58.4.3a and 58.4.3b (SC–CAMLR–XXII, paragraph 4.207), and Statistical Subarea 88.1 (SC–CAMLR–XXVII, paragraph 4.162). Other species: 20 tonnes per SSRU.

Conservation Measure 41–01 (2008) 12 (iv) Catch and effort information for in time for the consideration of WG– General measures for exploratory each species by SSRU shall be reported FSA. 8. Members who choose not to fisheries for Dissostichus spp. in the to the Executive Secretary every five participate in the fishery prior to the Convention Area in the 2008/09 days using the Five-day Catch and Effort commencement of the fishery shall season Reporting System set out in (Species: toothfish; Area: various; Conservation Measure 23–01; inform the Secretariat of changes in (v) The Secretariat shall notify their plans no later than one month Season: 2008/09; Gear: longline, Contracting Parties participating in before the start of the fishery. If, for trawl) these fisheries when the total catch for whatever reason, Members are unable to The Commission hereby adopts the Dissostichus eleginoides and participate in the fishery, they shall following conservation measure: Dissostichus mawsoni combined in any inform the Secretariat no later than one 1. This conservation measure applies SSRU is likely to reach the specified week after finding that they cannot to exploratory fisheries using the trawl catch limit, and of the closure of that participate. The Secretariat will inform or longline methods except for such SSRU when that limit is reached.4 No all Contracting Parties immediately after fisheries where the Commission has part of a trawl path may lie within a such notification is received. given specific exemptions to the extent closed SSRU and no part of a longline 1 Except for waters adjacent to the of those exemptions. In trawl fisheries, may be set within a closed SSRU. Kerguelen and Crozet Islands. a haul comprises a single deployment of 4. The by-catch in each exploratory 2 Except for waters adjacent to the Prince the trawl net. In longline fisheries, a fishery shall be regulated as in Edward Islands. haul comprises the setting of one or Conservation Measure 33–03. 3 Unless otherwise specified, the catch more lines in a single location. 5. The total number and weight of limit for Dissostichus spp. shall be 100 2. Fishing should take place over as Dissostichus eleginoides and tonnes in any SSRU except in respect of large a geographical and bathymetric Dissostichus mawsoni discarded, Statistical Subarea 88.2. 4 The closure of fisheries is governed by range as possible to obtain the including those with the ‘jellymeat’ Conservation Measure 31–02. information necessary to determine condition, shall be reported. fishery potential and to avoid over- 6. Each vessel participating in the Annex 41–01/A concentration of catch and effort. To exploratory fisheries for Dissostichus Data Collection Plan for Exploratory this end, fishing in any small-scale spp. during the 2008/09 season shall Fisheries research unit (SSRU) shall cease when have one scientific observer appointed the reported catch reaches the specified in accordance with the CCAMLR 1. All vessels will comply with the Five-day Catch and Effort Reporting catch limit 3 and that SSRU shall be Scheme of International Scientific System (Conservation Measure 23–01) closed to fishing for the remainder of Observation, and where possible one and Monthly Fine-scale Catch, Effort the season. additional scientific observer, on board 3. In order to give effect to paragraph throughout all fishing activities within and Biological Data Reporting Systems 2 above: the fishing season. (Conservation Measures 23–04 and 23– (i) The precise geographic position of 7. The Data Collection Plan (Annex 05). 2. All data required by the CCAMLR a haul in trawl fisheries will be 41–01/A), Research Plan (Annex 41–01/ Scientific Observers Manual for finfish determined by the midpoint of the path B) and Tagging Program (Annex 41–01/ fisheries will be collected. These between the start point and end point of C) shall be implemented. Data collected include: pursuant to the Data Collection and the haul for the purposes of catch and (i) Position, date and depth at the start effort reporting; Research Plans for the period up to 31 and end of every haul; (ii) The precise geographic position of August 2009 shall be reported to (ii) Haul-by-haul catch and catch per a haul/set in longline fisheries will be CCAMLR by 30 September 2009 so that effort by species; determined by the centre point of the the data will be available to the meeting (iii) Haul-by-haul length frequency of line or lines deployed for the purposes of the Working Group on Fish Stock common species; of catch and effort reporting; Assessment (WG–FSA) in 2009. Such (iv) Sex and gonad state of common (iii) The vessel will be deemed to be data taken after 31 August 2009 shall be species; fishing in any SSRU from the beginning reported to CCAMLR not later than (v) Diet and stomach fullness; of the setting process until the three months after the closure of the (vi) Scales and/or otoliths for age completion of the hauling of all lines; fishery, but, where possible, submitted determination;

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(vii) Number and mass by species of (i) On first entry into an SSRU, the of the setting process to the beginning by-catch of fish and other organisms; first 10 hauls, whether by trawl or of the hauling process. (viii) Observation on occurrence and longline, shall be designated ‘research 5. In the exploratory fisheries in incidental mortality of seabirds and hauls’ and must satisfy the criteria set Statistical Subareas 88.1 and 88.2, all mammals in relation to fishing out in paragraph 4. Research hauls shall data specified in the Data Collection operations. be carried out on, or close to, positions Plan (Annex 41–01/A) of this 3. Data specific to longline fisheries 1 provided by the CCAMLR Secretariat, conservation measure shall be collected will be collected. These include: based on a stratified random design in for every haul; all fish of each (i) Position and sea depth at each end prescribed areas within that SSRU. of every line in a haul; Dissostichus species in a haul (up to a (ii) On completion of 10 research maximum of 35 fish) are to be measured (ii) Setting, soak and hauling times; hauls the vessel may continue to fish (iii) Number and species of fish lost and randomly sampled for biological within the SSRU. at surface; studies (paragraphs 2(iv) to (vi) of (iv) Number of hooks set; 4. To be designated as a research haul: Annex 41–01/A). (v) Bait type; (i) Each research haul must be 6. In all other exploratory fisheries, all (vi) Baiting success (%); separated by not less than 5 n miles data specified in the Data Collection (vii) Hook type. from any other research haul, distance Plan (Annex 41–01/A) of this to be measured from the geographical Annex 41–01/B conservation measure shall be collected midpoint of each research haul; for every research haul; in particular, all Research Plan for Exploratory Fisheries (ii) Each haul shall comprise: for fish in a research haul up to 100 fish are 1. Activities under this Research Plan longlines, at least 3 500 hooks and no to be measured and at least 30 fish shall not be exempted from any more than 5 000 hooks; this may sampled for biological studies conservation measure in force. comprise a number of separate lines set (paragraphs 2(iv) to (vi) of Annex 41– 2. This plan applies to all small-scale in the same location; for trawls, at least 01/A). Where more than 100 fish are research units (SSRUs) as defined in 30 minutes effective fishing time as caught, a method for randomly Table 1 and Figure 1. defined in the Draft Manual for Bottom subsampling the fish should be applied. Trawl Surveys in the Convention Area 3. Except when fishing in Statistical 1 (SC–CAMLR–XI, Annex 5, Appendix H, The Secretariat will generate a list of Subareas 88.1 and 88.2 (see paragraph random stations for each vessel participating 5), any vessel undertaking prospecting Attachment E, paragraph 4); in exploratory fisheries. These lists will be or commercial fishing in any SSRU (iii) Each haul of a longline shall have provided to notifying Members prior to the must undertake the following research a soak time of not less than six hours, start of the fishing season (SC–CAMLR– activities: measured from the time of completion XXVII, paragraphs 4.113 and 4.114).

TABLE 1—DESCRIPTION OF SMALL-SCALE RESEARCH UNITS (SSRUS) [See also Figure 1]

Region SSRU Boundary line

48.6 ...... A From 50° S 20° W, due east to 1° 30′E, due south to 60° S, due west to 20° W, due north to 50° S. B From 60° S 20° W, due east to 10° W, due south to coast, westward along coast to 20° W, due north to 60° S. C From 60° S 10° W, due east to 0° longitude, due south to coast, westward along coast to 10° W, due north to 60° S. D From 60° S 0° longitude, due east to 10° E, due south to coast, westward along coast to 0° longitude, due north to 60° S. E From 60° S 10° E, due east to 20° E, due south to coast, westward along coast to 10° E, due north to 60° S. F From 60° S 20° E, due east to 30° E, due south to coast, westward along coast to 20° E, due north to 60° S. G From 50° S 1° 30′E, due east to 30° E, due south to 60° S, due west to 1° 30′E, due north to 50° S. 58.4.1 ...... A From 55° S 86° E, due east to 150° E, due south to 60° S, due west to 86° E, due north to 55° S. B From 60° S 86° E, due east to 90° E, due south to coast, westward along coast to 80° E, due north to 64° S, due east to 86° E, due north to 60° S. C From 60° S 90° E, due east to 100° E, due south to coast, westward along coast to 90° E, due north to 60° S. D From 60° S 100° E, due east to 110° E, due south to coast, westward along coast to 100° E, due north to 60° S. E From 60° S 110° E, due east to 120° E, due south to coast, westward along coast to 110° E, due north to 60° S. F From 60° S 120° E, due east to 130° E, due south to coast, westward along coast to 120° E, due north to 60° S. G From 60° S 130° E, due east to 140° E, due south to coast, westward along coast to 130° E, due north to 60° S. H From 60° S 140° E, due east to 150° E, due south to coast, westward along coast to 140° E, due north to 60° S. 58.4.2 ...... A From 62° S 30° E, due east to 40° E, due south to coast, westward along coast to 30° E, due north to 62° S. B From 62° S 40° E, due east to 50° E, due south to coast, westward along coast to 40° E, due north to 62° S. C From 62° S 50° E, due east to 60° E, due south to coast, westward along coast to 50° E, due north to 62° S. D From 62° S 60° E, due east to 70° E, due south to coast, westward along coast to 60° E, due north to 62° S. E From 62° S 70° E, due east to 73° 10′E, due south to 64° S, due east to 80° E, due south to coast, westward along coast to 70° E, due north to 62° S. 58.4.3a ..... A Whole division, from 56° S 60° E, due east to 73° 10′E, due south to 62° S, due west to 60° E, due north to 56° S. 58.4.3b ..... A From 56° S 73° 10′E, due east to 79° E, south to 59° S, due west to 73° 10′E, due north to 56° S. B From 60° S 73° 10′E, due east to 86° E, south to 64° S, due west to 73° 10′E, due north to 60° S. C From 59° S 73° 10′E, due east to 79° E, south to 60° S, due west to 73° 10′E, due north to 59° S. D From 59° S 79° E, due east to 86° E, south to 60° S, due west to 79° E, due north to 59° S. E From 56° S 79° E, due east to 80° E, due north to 55° S, due east to 86° E, south to 59° S, due west to 79° E, due north to 56° S. 58.4.4 ...... A From 51° S 40° E, due east to 42° E, due south to 54° S, due west to 40° E, due north to 51° S. B From 51° S 42° E, due east to 46° E, due south to 54° S, due west to 42° E, due north to 51° S. C From 51° S 46° E, due east to 50° E, due south to 54° S, due west to 46° E, due north to 51° S. D Whole division excluding SSRUs A, B, C, and with outer boundary from 50° S 30° E, due east to 60° E, due south to 62° S, due west to 30° E, due north to 50° S.

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TABLE 1—DESCRIPTION OF SMALL-SCALE RESEARCH UNITS (SSRUS)—Continued [See also Figure 1]

Region SSRU Boundary line

58.6 ...... A From 45° S 40° E, due east to 44° E, due south to 48° S, due west to 40° E, due north to 45° S. B From 45° S 44° E, due east to 48° E, due south to 48° S, due west to 44° E, due north to 45° S. C From 45° S 48° E, due east to 51° E, due south to 48° S, due west to 48° E, due north to 45° S. D From 45° S 51° E, due east to 54° E, due south to 48° S, due west to 51° E, due north to 45° S. 58.7 ...... A From 45° S 37° E, due east to 40° E, due south to 48° S, due west to 37° E, due north to 45° S. 88.1 ...... A From 60° S 150° E, due east to 170° E, due south to 65° S, due west to 150° E, due north to 60° S. B From 60° S 170° E, due east to 179° E, due south to 66° 40′S, due west to 170° E, due north to 60° S. C From 60° S 179° E, due east to 170° W, due south to 70° S, due west to 178° W, due north to 66° 40′S, due west to 179° E, due north to 60° S. D From 65° S 150° E, due east to 160° E, due south to coast, westward along coast to 150° E, due north to 65° S. E From 65° S 160° E, due east to 170° E, due south to 68° 30′S, due west to 160° E, due north to 65° S. F From 68° 30′S 160° E, due east to 170° E, due south to coast, westward along coast to 160° E, due north to 68° 30′S. G From 66° 40′S 170° E, due east to 178° W, due south to 70° S, due west to 178° 50′E, due south to 70° 50′S, due west to 170° E, due north to 66° 40′S. H From 70° 50′S 170° E, due east to 178° 50′E, due south to 73° S, due west to coast, northward along coast to 170° E, due north to 70° 50′S. I From 70° S 178° 50′E, due east to 170° W, due south to 73° S, due west to 178° 50′E, due north to 70° S. J From 73° S at coast near 170° 30′E, due east to 178° 50′E, due south to 80° S, due west to 170° E, northward along coast to 73° S. K From 73° S 178° 50′E, due east to 170° W, due south to 76° S, due west to 178° 50′E, due north to 73° S. L From 76° S 178° 50′E, due east to 170° W, due south to 80° S, due west to 178° 50′E, due north to 76° S. M From 73° S at coast near 169° 30′E, due east to 170° E, due south to 80° S, due west to coast, northward along coast to 73° S. 88.2 ...... A From 60° S 170° W, due east to 160° W, due south to coast, westward along coast to 170° W, due north to 60° S. B From 60° S 160° W, due east to 150° W, due south to coast, westward along coast to 160° W, due north to 60° S. C From 60° S 150° W, due east to 140° W, due south to coast, westward along coast to 150° W, due north to 60° S. D From 60° S 140° W, due east to 130° W, due south to coast, westward along coast to 140° W, due north to 60° S. E From 60° S 130° W, due east to 120° W, due south to coast, westward along coast to 130° W, due north to 60° S. F From 60° S 120° W, due east to 110° W, due south to coast, westward along coast to 120° W, due north to 60° S. G From 60° S 110° W, due east to 105° W, due south to coast, westward along coast to 110° W, due north to 60° S. 88.3 ...... A From 60° S 105° W, due east to 95° W, due south to coast, westward along coast to 105° W, due north to 60° S. B From 60° S 95° W, due east to 85° W, due south to coast, westward along coast to 95° W, due north to 60° S. C From 60° S 85° W, due east to 75° W, due south to coast, westward along coast to 85° W, due north to 60° S. D From 60° S 75° W, due east to 70° W, due south to coast, westward along coast to 75° W, due north to 60° S.

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Annex 41–01/C reported by the observer. All released and tag, the otoliths recovered and the Tagging Program for Dissostichus spp. toothfish must be double-tagged and tag removed. and Skates in Exploratory Fisheries releases should cover as broad a 3. Toothfish that are tagged and geographical area as possible. In regions released shall not be counted against the 1. The responsibility for ensuring where both species occur, the tagging catch limits. tagging, tag recovery and correct rate shall to the extent practicable be in 4. All relevant tag data and any data reporting shall lie with the Flag State of proportion to the species and sizes of recording tag recaptures shall be the fishing vessel. The fishing vessel Dissostichus spp. present in the catches. reported electronically in the CCAMLR shall cooperate with the CCAMLR (iii) During the 2008/09 season (Year- 1 scientific observer in undertaking the format to the Executive Secretary (i) by of-the-Skate), each longline vessel shall the vessel every month along with its tagging program. tag and release skates, continuously 2. This program shall apply in each monthly fine-scale catch and effort (C2) while fishing, at a rate specified in the exploratory longline fishery, and any data, and (ii) by the observer as part of conservation measure for that fishery vessel that participates in more than one the data reporting requirements for 1 exploratory fishery shall apply the according to the CCAMLR Tagging observer data . following in each exploratory fishery in Protocol. All tagged skates must be 5. All relevant tag data, any data which that vessel fishes: double-tagged and released alive. recording tag recaptures, and specimens (i) Each longline vessel shall tag and (iv) All toothfish and skate tags for (tags and otoliths) from recaptures shall release Dissostichus spp., continuously use in exploratory fisheries shall be also be reported electronically in the while fishing, at a rate specified in the sourced from the Secretariat. CCAMLR format 1 to the relevant conservation measure for that fishery (v) Recaptured tagged fish (i.e. fish regional tag data repository as detailed according to the CCAMLR Tagging caught that have a previously inserted in the CCAMLR Tagging Protocol Protocol 1. tag) shall not be re-released, even if at (available at http://www.ccamlr.org/pu/ (ii) The program shall target toothfish liberty for only a short period. e/sc/tag/intro.htm). of all sizes in order to meet the tagging (vi) All recaptured tagged fish should 1 In accordance with the CCAMLR Tagging requirement, only toothfish that are in be biologically sampled (length, weight, Protocol for exploratory fisheries which is good condition shall be tagged and the sex, gonad stage), an electronic time- available from the Secretariat and included availability of these fish shall be stamped photograph taken of the fish in the scientific observer logbook forms.

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Conservation Measure 41–02 (2008) By-catch 6. The by-catch of crab in CCAMLR Scheme of International Limits on the fishery for Dissostichus any pot fishery undertaken shall be Scientific Observation. Research fishing 15. Catches of eleginoides in Statistical Subarea 48.3 counted against the catch limit in the Dissostichus eleginoides taken under the in the 2007/08 and 2008/09 seasons crab fishery in Statistical Subarea 48.3. 7. The by-catch of finfish in the provisions of Conservation Measure 24– (Species: toothfish; Area: 48.3; Season: fishery for Dissostichus eleginoides in 01 in the area of the fishery defined in 2007/08 and 2008/09; Gear: longline, Statistical Subarea 48.3 in the 2007/08 this conservation measure shall be pot) and 2008/09 seasons shall not exceed considered as part of the catch limit. The Commission hereby adopts the 196 tonnes for skates and rays and 196 Environ-mental protection 16. following conservation measure in tonnes for Macrourus spp. in each Conservation Measure 26–01 applies. accordance with Conservation Measure season. For the purpose of these by- 1 31–01: This provision concerning the minimum catch limits, ‘Macrourus spp.’ and distance separating fishing locations is Access 1. The fishery for ‘skates and rays’ shall each be counted adopted pending the adoption of a more Dissostichus eleginoides in Statistical as a single species. appropriate definition of a fishing location by Subarea 48.3 shall be conducted by 8. If the by-catch of any one species the Commission. vessels using longlines and pots only. is equal to or greater than 1 tonne in any 2 The specified period is adopted in 2. For the purpose of this fishery, the one haul or set, then the fishing vessel accordance with the reporting period area open to the fishery is defined as shall move to another location at least specified in Conservation Measure 23–01, that portion of Statistical Subarea 48.3 5 n miles 1 distant. The fishing vessel pending the adoption of a more appropriate that lies within the area bounded by period by the Commission. shall not return to any point within 5 n 3 For a longline or a pot, the path is defined latitudes 52°30′ S and 56°0′ S and by miles of the location where the by-catch ° ′ ° ′ from the point at which the first anchor of longitudes 33 30 W and 48 0 W. exceeded 1 tonne for a period of at least a set was deployed to the point at which the 3. A map illustrating the area defined five days 2. The location where the by- last anchor of that set was deployed. by paragraph 2 is appended to this catch exceeded 1 tonne is defined as the [Annex 41–02/a is unchanged] conservation measure (Annex 41–02/A). path 3 followed by the fishing vessel. The portion of Statistical Subarea 48.3 Mitigation 9. The operation of this Conservation Measure 41–03 (2008) outside that defined above shall be fishery shall be carried out in Limits on the fishery for Dissostichus closed to directed fishing for accordance with Conservation Measure spp. in Statistical Subarea 48.4 in the Dissostichus eleginoides in the 2007/08 25–02 so as to minimise the incidental 2008/09 fishing season and 2008/09 seasons. mortality of seabirds in the course of (Species: toothfish; Area: 48.4; Season: Catch limit 4. The total catch of fishing. 2008/09; Gear: longline) Dissostichus eleginoides in Statistical Observers 10. Each vessel Subarea 48.3 in the 2007/08 and 2008/ participating in this fishery shall have at Access 1. Directed fishing shall be 09 seasons shall be limited to 3 920 least one scientific observer appointed by longlines only. The use of all other tonnes in each season. The catch limit in accordance with the CCAMLR methods of directed fishing for shall be further subdivided between the Scheme of International Scientific Dissostichus spp. in Statistical Subarea Management Areas shown in Annex 41– Observation, and where possible one 48.4 shall be prohibited. 02/A as follows: additional scientific observer, on board 2. For the purpose of this fishery, the throughout all fishing activities within areas open to fishing are defined as that Management Area A: 0 tonnes portion of Statistical Subarea 48.4 that Management Area B: 1 176 tonnes in the fishing period. Data: catch/effort 11. For the lies within the area bounded by each season ° ′ ° ′ purpose of implementing this latitudes 55 30 S and 57 20 S and by Management Area C: 2 744 tonnes in longitudes 25°30′ W and 29°30′ W each season. conservation measure, the following shall apply: (Northern Area), and that portion of Season 5. For the purpose of the (i) the Five-day Catch and Effort Statistical Subarea 48.4 that lies within ° ′ longline fishery for Dissostichus Reporting System set out in the area bounded by latitudes 57 20 S ° ′ ° ′ eleginoides in Statistical Subarea 48.3, Conservation Measure 23–01; and 60 00 S and by longitudes 24 30 the 2007/08 and 2008/09 seasons are (ii) the Monthly Fine-scale Catch and W and 29°00′ W (Southern Area). defined as the period from 1 May to 31 Effort Reporting System set out in 3. A map illustrating the areas defined August in each season, or until the catch Conservation Measure 23–04. Fine-scale by paragraph 2 is appended to this limit is reached, whichever is sooner. data shall be submitted on a haul-by- conservation measure (Annex 41–03/A). For the purpose of the pot fishery for haul basis. The portion of Statistical Subarea 48.4 Dissostichus eleginoides in Statistical 12. For the purpose of Conservation outside that defined above shall be Subarea 48.3, the 2007/08 and 2008/09 Measures 23–01 and 23–04, the target closed to directed fishing for seasons are defined as the period from species is Dissostichus eleginoides and Dissostichus spp. in the 2008/09 season. 1 December to 30 November, or until the by-catch species are defined as any Catch limit 4. In the Northern Area catch limit is reached, whichever is species other than Dissostichus of Statistical Subarea 48.4, the total sooner. The season for longline fishing eleginoides. catch of Dissostichus eleginoides shall operations may be extended to 14 13. The total number and weight of be limited to 75 tonnes, and the taking September in each season for any vessel Dissostichus eleginoides discarded, of Dissostichus mawsoni, other than for which has demonstrated full including those with the ‘jellymeat’ scientific research purposes, is compliance with Conservation Measure condition, shall be reported. These fish prohibited. 25–02 in the previous season. This will count towards the total allowable 5. In the Southern Area of Statistical extension to the season shall also be catch. Subarea 48.4, the total catch of subject to a catch limit of three (3) Data: biological 14. Fine-scale Dissostichus spp. shall be limited to 75 seabirds per vessel. If three seabirds are biological data, as required under tonnes. caught during the season extension, Conservation Measure 23–05, shall be Season 6. For the purposes of the fishing shall cease immediately for that collected and recorded. Such data shall fishery for Dissostichus spp. in vessel. be reported in accordance with the Statistical Subarea 48.4, the fishing

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season shall be 1 December 2008 to 30 13 below, fish during daylight hours in collected and recorded. Such data shall November 2009, or until the total catch an exemption to paragraph 5 (night be reported in accordance with the limit for Dissostichus spp. in Statistical setting) of Conservation Measure 25–02. Scheme of International Scientific Subarea 48.4 is reached, whichever is 12. Fishing in Statistical Subarea 48.4 Observation. sooner. in December, January, February, March, Tagging program 17. Each vessel By-catch 7. In the Northern Area of October and November shall, in taking part in the fishery for Statistical Subarea 48.4, the by-catch of addition to paragraph 11 above, be Dissostichus spp. in Statistical Subarea finfish shall not exceed 4 tonnes for carried out in accordance with the 48.4 shall undertake a tagging program skates and rays and 12 tonnes for provisions of Conservation Measure 24– in accordance with the CCAMLR Macrourus spp. 02. Tagging Protocol. The following 8. In the Southern Area of Statistical 13. Any vessel fishing under the additional provisions shall apply: Subarea 48.4, the by-catch of finfish exemption from night setting provided (i) Fish should be tagged at an average shall trigger a move-on rule if the catch in paragraph 11 above and catching a rate of five fish per tonne of green of skates and rays exceeds 5% of the total of three (3) seabirds shall weight catch throughout the season; catch of Dissostichus spp. in any one immediately revert to night setting in (ii) Fish should be tagged that have haul or set, or if the catch of Macrourus accordance with Conservation Measure been caught across as broad a range of spp. exceeds 16% of the catch of 25–02. depths within the designated area as Dissostichus spp. in any one haul or set. Observers 14. Each vessel practicable; If the move-on rule is triggered, then the participating in the fishery for fishing vessel shall move to another Dissostichus spp. in Statistical Subarea (iii) Fish of a range of total lengths location at least 5 n miles1 distant. The 48.4 shall have at least one scientific should be tagged. fishing vessel shall not return to any observer appointed in accordance with Environmental protection 18. point within 5 n miles of the location the CCAMLR Scheme of International Conservation Measure 26–01 applies. where the move-on rule was triggered Scientific Observation, on board 1 This provision concerning the minimum for a period of at least five days2. The throughout all fishing activities within distance separating fishing locations is location where the move-on rule was the fishing period. adopted pending the adoption of a more triggered is defined as the path3 Data: atch/effort 15. For the purpose appropriate definition of a fishing location by followed by the fishing vessel. of implementing this conservation the Commission. 2 9. For the purpose of these by-catch measure, the following shall apply: The specified period is adopted in limits, ‘Macrourus spp.’ and ‘skates and (i) The Five-day Catch and Effort accordance with the reporting period specified in Conservation Measure 23–01, rays’ shall each be counted as a single Reporting System set out in pending the adoption of a more appropriate species. Conservation Measure 23–01; period by the Commission. 10. Dissostichus mawsoni caught in (ii) The Monthly Fine-scale Catch and 3 For a longline or a pot, the path is defined the Northern Area of Statistical Subarea Effort Data Reporting System set out in from the point at which the first anchor of 48.4 shall, if in good condition, be Conservation Measure 23–04. Data shall a set was deployed to the point at which the tagged and released; or if dead, may be be reported on a haul-by-haul basis. For last anchor of that set was deployed. retained. the purposes of Conservation Measure Annex 41–03/A Mitigation 11. Fishing in Statistical 23–04, the target species is Dissostichus Subarea 48.4 shall be carried out in spp., and ‘by-catch species’ are defined Statistical Subarea 48.4—Northern accordance with the provisions of as any species other than Dissostichus Area and Southern Area of the fishery Conservation Measure 25–02. When spp. in the 2008/09 season according to fishing is carried out in accordance with Data: Biological 16. Fine-scale paragraph 2. Latitudes and longitudes the provisions of Conservation Measure biological data, as required under are given in degrees, and the 1,000 m 24–02, vessels may, subject to paragraph Conservation Measure 23–05 shall be contour is shown.

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Conservation Measure 41–04 (2008) out in accordance with the provisions of accordance with the CCAMLR Scheme Limits on the exploratory fishery for Conservation Measure 25–02, except of International Scientific Observation. Research 12. Each vessel Dissostichus spp. in Statistical paragraph 5 (night setting), which shall participating in this exploratory fishery Subarea 48.6 in the 2008/09 season not apply as long as the requirements of 1 (Species: toothfish; Area: 48.6; Season: Conservation Measure 24–02 are met. shall conduct fishery-based research in 2008/09; Gear: longline) 7. Any vessel catching a total of three accordance with the Research Plan and (3) seabirds shall immediately revert to Tagging Program described in The Commission hereby adopts the night setting in accordance with Conservation Measure 41–01, Annex B following conservation measure in Conservation Measure 25–02. and Annex C respectively. accordance with Conservation Measure Observers 8. Each vessel 13. Toothfish shall be tagged at a rate 21–02: participating in the fishery shall have at of at least three fish per tonne green Access 1. Fishing for Dissostichus least two scientific observers, one of weight caught. spp. in Statistical Subarea 48.6 shall be whom shall be an observer appointed in 14. Skates shall be tagged at a rate of limited to the exploratory longline accordance with the CCAMLR Scheme at least one skate per five skates caught, fishery by Japan and the Republic of of International Scientific Observation, up to a maximum of 500 skates per Korea. The fishery shall be conducted on board throughout all fishing vessel. by Japanese and Korean flagged vessels activities within the fishing period. Environmental protection 15. using longlines only. No more than one Conservation Measure 26–01 applies. vessel per country shall fish at any one Data: Catch/effort 16. There shall be no offal discharge time. 9. For the purpose of implementing in this fishery. 2. Fishing is prohibited in depths this conservation measure in the 2008/ 17. Conservation Measures 22–06 and shallower than 550 m in order to protect 09 season, the following shall apply: 22–07 apply. benthic communities. (i) The Five-day Catch and Effort 1 The Japanese-flagged vessel Shinsei Maru Catch limit 3. The total catch of Reporting System set out in No. 3 is exempted from the requirement to Dissostichus spp. in Statistical Subarea Conservation Measure 23–01; conduct longline sink rate tests outside the 48.6 in the 2008/09 season shall not (ii) The Monthly Fine-scale Catch and Convention Area when fishing at the end of exceed a precautionary catch limit of Effort Reporting System set out in the 2007/08 season and into the 2008/09 200 tonnes north of 60° S and 200 Conservation Measure 23–04. Fine-scale season, provided that the vessel conducted tonnes south of 60° S. data shall be submitted on a haul-by- regular longline sink rate testing in 2007/08. Season 4. For the purpose of the haul basis. Conservation Measure 41–05 (2008) exploratory longline fishery for 10. For the purpose of Conservation Dissostichus spp. in Statistical Subarea Measures 23–01 and 23–04, the target Limits on the exploratory fishery for 48.6, the 2008/09 season is defined as species is Dissostichus spp. and by- Dissostichus spp. in Statistical the period from 1 December 2008 to 30 catch species are defined as any species Division 58.4.2 in the 2008/09 season November 2009. other than Dissostichus spp. (Species: toothfish; Area: 58.4.2; Season: By-catch 5. The by-catch in this 2008/09; Gear: longline) fishery shall be regulated as set out in Data: Biological The Commission hereby adopts the Conservation Measure 33–03. 11. Fine-scale biological data, as following conservation measure in Mitigation 6. The exploratory required under Conservation Measure accordance with Conservation Measure longline fishery for Dissostichus spp. in 23–05, shall be collected and recorded. 21–02, and notes that this measure Statistical Subarea 48.6 shall be carried Such data shall be reported in would be for one year and that data

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arising from these activities would be 11. Toothfish shall be tagged at a rate Dissostichus spp. on Elan Bank reviewed by the Scientific Committee: of at least three fish per tonne green (Statistical Division 58.4.3a) outside Access 1. Fishing for Dissostichus weight caught. areas of national jurisdiction, the 2008/ spp. in Statistical Division 58.4.2 shall 12. Skates shall be tagged at a rate of 09 season is defined as the period from be limited to the exploratory longline at least one skate per five skates caught, 1 May to 31 August 2009, or until the fishery by Japan, Republic of Korea, up to a maximum of 500 skates per catch limit is reached, whichever is Spain and Uruguay. The fishery shall be vessel. sooner. By-catch 5. The by-catch in this conducted by one (1) Japanese, four (4) Data: Catch/Effort Korean, one (1) Spanish and one (1) fishery shall be regulated as set out in Uruguayan flagged vessels using 13. For the purpose of implementing Conservation Measure 33–03. longlines only. this conservation measure in the 2008/ Mitigation 6. The operation of this 2. Fishing is prohibited in depths 09 season, the following shall apply: fishery shall be carried out in shallower than 550 m in order to protect (i) The Five-day Catch and Effort accordance with Conservation Measure benthic communities. Reporting System set out in 25–02 so as to minimise the incidental Catch limit 3. The total catch of Conservation Measure 23–01; mortality of seabirds in the course of (ii) The Monthly Fine-scale Catch and Dissostichus spp. in Statistical Division fishing. Effort Reporting System set out in 58.4.2, in the 2008/09 season shall not 7. The fishery on Elan Bank Conservation Measure 23–04. Fine-scale exceed a precautionary catch limit of 70 (Statistical Division 58.4.3a) outside data shall be submitted on a haul-by- tonnes applied as follows: areas of national jurisdiction, may take haul basis. place outside the prescribed season SSRU A—30 tonnes 14. For the purpose of Conservation (paragraph 4) provided that, prior to SSRU B—0 tonnes Measures 23–01 and 23–04, the target entry into force of the licence, each SSRU C—0 tonnes species is Dissostichus spp. and by- vessel shall demonstrate its capacity to SSRU D—0 tonnes catch species are defined as any species comply with longline weighting as SSRU E—40 tonnes. other than Dissostichus spp. approved by the Scientific Committee Season 4. For the purpose of the Data: Biological and described in Conservation Measure exploratory longline fishery for 24–02 and such data shall be reported Dissostichus spp. in Statistical Division 15. Fine-scale biological data, as to the Secretariat immediately. 58.4.2, the 2008/09 season is defined as required under Conservation Measure 8. Should a total of three (3) seabirds the period from 1 December 2008 to 30 23–05, shall be collected and recorded. be caught by a vessel outside the normal November 2009. Such data shall be reported in season (defined in paragraph 4), the accordance with the CCAMLR Scheme Fishing operations 5. The vessel shall cease fishing immediately of International Scientific Observation. exploratory longline fishery for and shall not be permitted to fish Environmental protection 16. Dissostichus spp. in Statistical Division outside the normal fishing season for Conservation Measure 26–01 applies. 58.4.2 shall be carried out in accordance the remainder of the 2008/09 fishing 17. Conservation Measures 22–06 and season. with the provisions of Conservation 22–07 apply. Measure 41–01, except paragraph 6. Observers 9. Each vessel By-catch 6. The by-catch in this Conservation Measure 41–06 (2008) participating in this fishery shall have at fishery shall be regulated as set out in least one scientific observer appointed Limits on the exploratory fishery for in accordance with the CCAMLR Conservation Measure 33–03. Dissostichus spp. on Elan Bank Mitigation 7. The exploratory Scheme of International Scientific (Statistical Division 58.4.3a) outside Observation, and where possible one longline fishery for Dissostichus spp. in areas of national jurisdiction in the Statistical Division 58.4.2 shall be additional scientific observer, on board 2008/09 season throughout all fishing activities within carried out in accordance with the (Species: toothfish; Area: 58.4.3a; the fishing period. provisions of Conservation Measure 25– Season: 2008/09; Gear: longline) 02, except paragraph 5 (night setting) The Commission hereby adopts the Data: Catch/Effort shall not apply, providing that vessels following conservation measure in 10. For the purpose of implementing comply with Conservation Measure 24– accordance with Conservation Measure this conservation measure in the 2008/ 02. 21–02: 09 season, the following shall apply: 8. Any vessel catching a total of three Access 1. Fishing for Dissostichus (i) The Five-day Catch and Effort (3) seabirds shall immediately revert to spp. on Elan Bank (Statistical Division Reporting System set out in night setting in accordance with 58.4.3a) outside areas of national Conservation Measure 23–01; Conservation Measure 25–02. jurisdiction shall be limited to the (ii) The Monthly Fine-scale Catch and Observers 9. Each vessel exploratory fishery by Japan. The Effort Reporting System set out in participating in the fishery shall have at fishery shall be conducted by one (1) Conservation Measure 23–04. Fine-scale least two scientific observers, one of Japanese flagged vessel using longlines data shall be submitted on a haul-by- whom shall be an observer appointed in only. haul basis. accordance with the CCAMLR Scheme 2. Fishing is prohibited in depths 11. For the purpose of Conservation of International Scientific Observation, shallower than 550 m in order to protect Measures 23–01 and 23–04, the target on board throughout all fishing benthic communities. species is Dissostichus spp. and by- activities within the fishing period. Catch limit 3. The total catch of catch species are defined as any species Research 10. Each vessel Dissostichus spp. on Elan Bank other than Dissostichus spp. participating in this exploratory fishery (Statistical Division 58.4.3a) outside shall conduct fishery-based research in areas of national jurisdiction in the Data: Biological accordance with the Research Plan and 2008/09 season shall not exceed a 12. Fine-scale biological data, as Tagging Program described in precautionary catch limit of 86 tonnes. required under Conservation Measure Conservation Measure 41–01, Annex B Season 4. For the purpose of the 23–05, shall be collected and recorded. and Annex C respectively. exploratory longline fishery for Such data shall be reported in

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accordance with the CCAMLR Scheme By-catch 5. The by-catch in this Tagging Program described in of International Scientific Observation. fishery shall be regulated as set out in Conservation Measure 41–01, Annex B Research 13. Each vessel Conservation Measure 33–03. and Annex C respectively. participating in this exploratory fishery Mitigation 6. The operation of this 14. Toothfish shall be tagged at a rate shall conduct fishery-based research in fishery shall be carried out in of at least three fish per tonne green accordance with the Research Plan and accordance with Conservation Measure weight caught. Tagging Program described in 25–02 so as to minimise the incidental 15. Skates shall be tagged at a rate of Conservation Measure 41–01, Annex B mortality of seabirds in the course of at least one skate per five skates caught, and Annex C, respectively. fishing. up to a maximum of 500 skates per 14. Toothfish shall be tagged at a rate 7. The fishery on BANZARE Bank vessel. of at least three fish per tonne green (Statistical Division 58.4.3b) outside Environmental protection 16. weight caught. areas of national jurisdiction, may take Conservation Measure 26–01 applies. 17. Conservation Measures 22–06 and 15. Skates shall be tagged at a rate of place outside the prescribed season 22–07 apply. at least one skate per five skates caught, (paragraph 4) provided that, prior to up to a maximum of 500 skates per entry into force of the licence, each Conservation Measure 41–08 (2008) vessel shall demonstrate its capacity to vessel. Limits on the fishery for Dissostichus Environmental protection 16. comply with experimental line- weighting trials as approved by the eleginoides in Statistical Division Conservation Measure 26–01 applies. 58.5.2 in the 2007/08 and 2008/09 17. Conservation Measures 22–06 and Scientific Committee and described in Conservation Measure 24–02 and such seasons 22–07 apply. (Species: toothfish; Area: 58.5.2; Season: data shall be reported to the Secretariat 2007/08 and 2008/09; Gear: various) Conservation Measure 41–07 (2008) immediately. Access 1. The fishery for Limits on the exploratory fishery for 8. Should a total of three (3) seabirds be caught by a vessel outside the normal Dissostichus eleginoides in Statistical Dissostichus spp. on BANZARE Bank Division 58.5.2 shall be conducted by (Statistical Division 58.4.3b) outside season (defined in paragraph 4), the vessel shall cease fishing immediately vessels using trawls, pots or longlines areas of national jurisdiction in the only. 2008/09 season and shall not be permitted to fish outside the normal fishing season for Catch limit 2. The total catch of (Species: toothfish; Area: 58.4.3b; Dissostichus eleginoides in Statistical Season: 2008/09; Gear: longline) the remainder of the 2008/09 fishing season. Division 58.5.2 in the 2007/08 and The Commission hereby adopts the Observers 9. Each vessel 2008/09 seasons shall be limited to 2 ° ′ following conservation measure in participating in this fishery shall have at 500 tonnes west of 79 20 E. accordance with Conservation Measure least one scientific observer appointed Season 3. For the purpose of the 21–02: in accordance with the CCAMLR trawl and pot fisheries for Dissostichus Access 1. Fishing for Dissostichus Scheme of International Scientific eleginoides in Statistical Division spp. on BANZARE Bank (Statistical Observation, and where possible one 58.5.2, the 2007/08 and 2008/09 seasons Division 58.4.3b) outside areas of additional scientific observer, on board are defined as the period from 1 national jurisdiction shall be limited to throughout all fishing activities within December to 30 November, or until the the exploratory fishery by Japan, Spain the fishing period. catch limit is reached, whichever is and Uruguay. The fishery shall be sooner. For the purpose of the longline conducted by Japanese, Spanish and Data: Catch/Effort fishery for Dissostichus eleginoides in Uruguayan flagged vessels using 10. For the purpose of implementing Statistical Division 58.5.2, the 2007/08 longlines only. No more than one vessel this conservation measure in the 2008/ and 2008/09 seasons are defined as the per country shall fish at any one time. 09 season, the following shall apply: period from 1 May to 14 September in 2. Fishing is prohibited in depths (i) The Five-day Catch and Effort each season, or until the catch limit is shallower than 550 m in order to protect Reporting System set out in reached, whichever is sooner. The benthic communities. Conservation Measure 23–01; season for longline fishing operations Catch limit 3. The total catch of (ii) The Monthly Fine-scale Catch and may be extended from 15 April to 30 Dissostichus spp. on BANZARE Bank Effort Reporting System set out in April and 15 September to 31 October (Statistical Division 58.4.3b) outside Conservation Measure 23–04. Fine-scale in each season for any vessel which has areas of national jurisdiction in the data shall be submitted on a haul-by- demonstrated full compliance with 2008/09 season shall not exceed a haul basis. Conservation Measure 25–02 in the precautionary catch limit of 120 tonnes 11. For the purpose of Conservation previous season. These extensions to the applied as follows: Measures 23–01 and 23–04, the target season will also be subject to a total SSRU A—30 tonnes species is Dissostichus spp. and by- catch limit of three (3) seabirds per vessel. If three seabirds are caught SSRU B—0 tonnes catch species are defined as any species other than Dissostichus spp. during the season extension, fishing SSRU C—30 tonnes throughout the season extensions shall SSRU D—30 tonnes Data: Biological cease immediately for that vessel. SSRU E—30 tonnes. 12. Fine-scale biological data, as By-catch 4. Fishing shall cease if the Season 4. For the purpose of the required under Conservation Measure by-catch of any species reaches its by- exploratory longline fishery for 23–05, shall be collected and recorded. catch limit as set out in Conservation Dissostichus spp. on BANZARE Bank Such data shall be reported in Measure 33–02. (Statistical Division 58.4.3b) outside accordance with the CCAMLR Scheme Mitigation 5. The operation of the areas of national jurisdiction, the 2008/ of International Scientific Observation. trawl fishery shall be carried out in 09 season is defined as the period from Research 13. Each vessel accordance with Conservation Measure 1 May to 31 August 2009, or until the participating in this exploratory fishery 25–03 so as to minimise the incidental catch limit is reached, whichever is shall conduct fishery-based research in mortality of seabirds and mammals sooner. accordance with the Research Plan and through the course of fishing. The

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operation of the longline fishery shall be (Species: toothfish; Area: 88.1; Season: SSRU J and L—50 tonnes of skates and carried out in accordance with 2008/09; Gear: longline) rays, 70 tonnes of Macrourus spp., 40 Conservation Measure 25–02, except The Commission hereby adopts the tonnes of other species. paragraph 5 (night setting) shall not following conservation measure in SSRU M—0 tonnes of any species. apply for vessels using integrated accordance with Conservation Measure The by-catch in this fishery shall be weighted lines (IWLs) during the period 21–02: regulated as set out in Conservation 1 May to 31 October in each season. Access 1. Fishing for Dissostichus Measure 33–03. Such vessels may deploy IWL gear spp. in Statistical Subarea 88.1 shall be Mitigation 7. The exploratory during daylight hours if, prior to entry limited to the exploratory longline longline fishery for Dissostichus spp. in into force of the licence, each vessel fishery by Argentina, Chile, Republic of Statistical Subarea 88.1 shall be carried shall demonstrate its capacity to comply Korea, New Zealand, Russia, South out in accordance with the provisions of with experimental line-weighting trials Africa, Spain, UK and Uruguay. The Conservation Measure 25–02, except as approved by the Scientific Committee fishery shall be conducted by a paragraph 5 (night setting), which shall and described in Conservation Measure maximum in the season of two (2) not apply as long as the requirements of 24–02. Argentine, one (1) Chilean, four (4) Conservation Measure 24–02 are met. During the period 15 April to 30 April Korean, four (4) New Zealand, three (3) 8. Any vessel catching a total of three in each season, vessels shall use IWL Russian, one (1) South African, one (1) (3) seabirds shall immediately revert to gear and in a manner that ensures lines Spanish, three (3) UK and two (2) night setting in accordance with are set and hauled sequentially, in Uruguayan flagged vessels using Conservation Measure 25–02. conjunction with night setting and longlines only. Observers 9. Each vessel paired streamer lines. Observers 6. Each vessel 2. Fishing is prohibited in depths participating in the fishery shall have at participating in this fishery shall have at shallower than 550 m in order to protect least two scientific observers, one of least one scientific observer, and may benthic communities. whom shall be an observer appointed in include one appointed in accordance Catch limit 3. The total catch of accordance with the CCAMLR Scheme with the CCAMLR Scheme of Dissostichus spp. in Statistical Subarea of International Scientific Observation, International Scientific Observation, on 88.1 in the 2008/09 season shall not on board throughout all fishing board throughout all fishing activities exceed a precautionary catch limit of activities within the fishing period. within the fishing period, with the 2 700 tonnes applied as follows: VMS 10. Each vessel participating in exception of the period 15 April to 30 SSRU A—0 tonnes this exploratory longline fishery shall be April in each season when two SSRUs B, C and G—352 tonnes total required to operate a VMS at all times, scientific observers shall be carried. SSRU D—0 tonnes in accordance with Conservation SSRU E—0 tonnes Measure 10–04. Data: Catch/Effort 7. For the purpose SSRU F—0 tonnes CDS 11. Each vessel participating in of implementing this conservation this exploratory longline fishery shall be measure, the following shall apply: SSRUs H, I and K—1 994 tonnes total SSRU J and L—354 tonnes required to participate in the Catch (i) The Ten-day Catch and Effort SSRU M—0 tonnes. Documentation Scheme for Dissostichus Reporting System set out in Annex 41– spp., in accordance with Conservation Season 4. For the purpose of the 08/A; Measure 10–05. (ii) The Monthly Fine-scale Catch and exploratory longline fishery for Research 12. Each vessel Effort Reporting System set out in Dissostichus spp. in Statistical Subarea participating in this exploratory fishery Annex 41–08/A. Fine-scale data shall be 88.1, the 2008/09 season is defined as shall conduct fishery-based research in submitted on a haul-by-haul basis. the period from 1 December 2008 to 31 accordance with the Research Plan and 8. For the purpose of Annex 41–08/A, August 2009. Tagging Program described in the target species is Dissostichus Fishing operations 5. The Conservation Measure 41–01, Annex B eleginoides and by-catch species are exploratory longline fishery for and Annex C respectively. The setting of defined as any species other than Dissostichus spp. in Statistical Subarea research hauls (Conservation Measure Dissostichus eleginoides. 88.1 shall be carried out in accordance 41–01, Annex B, paragraphs 3 and 4) is 9. The total number and weight of with the provisions of Conservation not required. Dissostichus eleginoides discarded, Measure 41–01, except paragraph 6. 13. Toothfish shall be tagged at a rate including those with the ‘jellymeat’ By-catch 6. The total by-catch in of at least one fish per tonne green condition, shall be reported. These fish Statistical Subarea 88.1 in the 2008/09 weight caught in each SSRU. will count towards the total allowable season shall not exceed a precautionary 14. Skates shall be tagged at a rate of catch. catch limit of 135 tonnes of skates and at least one skate per five skates caught, rays, and 430 tonnes of Macrourus spp. Data: Biological 10. Fine-scale up to a maximum of 500 skates per Within these total by-catch limits, vessel. biological data, as required under individual limits will apply as follows: Annex 41–08/A, shall be collected and SSRU A—0 tonnes of any species Data: Catch/Effort recorded. Such data shall be reported in SSRUs B, C and G total—50 tonnes of accordance with the CCAMLR Scheme 15. For the purpose of implementing skates and rays, 40 tonnes of of International Scientific Observation. this conservation measure in the 2008/ Macrourus spp., 60 tonnes of other 09 season, the following shall apply: Environmental protection 11. species (i) The Five-day Catch and Effort Conservation Measure 26–01 applies. SSRU D—0 tonnes of any species Reporting System set out in [Annex 41–08/A is unchanged] SSRU E—0 tonnes of any species Conservation Measure 23–01; SSRU F—0 tonnes of any species (ii) The Monthly Fine-scale Catch and Conservation Measure 41–09 (2008) SSRUs H, I and K total—99 tonnes of Effort Reporting System set out in Limits on the exploratory fishery for skates and rays, 320 tonnes of Conservation Measure 23–04. Fine-scale Dissostichus spp. in Statistical Macrourus spp., 60 tonnes of other data shall be submitted on a haul-by- Subarea 88.1 in the 2008/09 season species haul basis.

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16. For the purpose of Conservation By-catch 6. The total by-catch in Data: Catch/Effort Measures 23–01 and 23–04, the target Statistical Subarea 88.2 in the 2008/09 15. For the purpose of implementing species is Dissostichus spp. and by- season shall not exceed a precautionary this conservation measure in the 2008/ catch species are defined as any species catch limit of 50 tonnes of skates and 09 season, the following shall apply: other than Dissostichus spp. rays, and 90 tonnes of Macrourus spp. (i) The Five-day Catch and Effort Within these total by-catch limits, Data: Biological Reporting System set out in individual limits will apply as follows: Conservation Measure 23–01; 17. Fine-scale biological data, as SSRU A—0 tonnes of any species (ii) The Monthly Fine-scale Catch and required under Conservation Measure Effort Reporting System set out in 23–05, shall be collected and recorded. SSRU B—0 tonnes of any species Conservation Measure 23–04. Fine-scale Such data shall be reported in SSRUs C, D, F, G—50 tonnes of skates data shall be submitted on a haul-by- accordance with the CCAMLR Scheme and rays, 34 tonnes of Macrourus haul basis. of International Scientific Observation. spp., 80 tonnes of other species Environmental protection 18. SSRU E—50 tonnes of skates and rays, 16. For the purpose of Conservation Conservation Measure 26–01 applies. 56 tonnes of Macrourus spp., 20 Measures 23–01 and 23–04, the target 19. Conservation Measures 22–06 and tonnes of other species. species is Dissostichus spp. and by- catch species are defined as any species 22–07 apply. The by-catch in this fishery shall be Additional elements 20. Fishing for other than Dissostichus spp. regulated as set out in Conservation Dissostichus spp. in Statistical Subarea Measure 33–03. Data: Biological 88.1 shall be prohibited within 10 n miles of the coast of the Balleny Islands. Mitigation 7. The exploratory 17. Fine-scale biological data, as longline fishery for Dissostichus spp. in required under Conservation Measure Conservation Measure 41–10 (2008) Statistical Subarea 88.2 shall be carried 23–05, shall be collected and recorded. Limits on the exploratory fishery for out in accordance with the provisions of Such data shall be reported in Dissostichus spp. in Statistical Conservation Measure 25–02, except accordance with the CCAMLR Scheme Subarea 88.2 in the 2008/09 season paragraph 5 (night setting), which shall of International Scientific Observation. (Species: toothfish; Area: 88.2; Season: not apply as long as the requirements of Environmental protection 18. 2008/09; Gear: longline) Conservation Measure 24–02 are met. Conservation Measure 26–01 applies. The Commission hereby adopts the 8. Any vessel catching a total of three 19. Conservation Measures 22–06 and following conservation measure in (3) seabirds shall immediately revert to 22–07 apply. accordance with Conservation Measure night setting in accordance with Conservation Measure 41–11 (2008) 21–02: Conservation Measure 25–02. Limits on the exploratory fishery for Access 1. Fishing for Dissostichus Observers 9. Each vessel Dissostichus spp. in Statistical spp. in Statistical Subarea 88.2 shall be participating in the fishery shall have at Division 58.4.1 in the 2008/09 season limited to the exploratory longline least two scientific observers, one of (Species: toothfish; Area: 58.4.1; Season: fishery by Argentina, Chile, Republic of whom shall be an observer appointed in 2008/09; Gear: longline) Korea, New Zealand, Russia, South accordance with the CCAMLR Scheme Africa, Spain, UK and Uruguay. The of International Scientific Observation, The Commission hereby adopts the fishery shall be conducted by a on board throughout all fishing following conservation measure in maximum in the season of two (2) activities within the fishing period. accordance with Conservation Measure 21–02, and notes that this measure Argentine, one (1) Chilean, two (2) VMS 10. Each vessel participating in would be for one year and that data Korean, four (4) New Zealand, three (3) this exploratory longline fishery shall be arising from these activities would be Russian, one (1) South African, one (1) required to operate a VMS at all times, reviewed by the Scientific Committee: Spanish, three (3) UK and two (2) in accordance with Conservation Access 1. Fishing for Dissostichus Uruguayan flagged vessels using Measure 10–04. spp. in Statistical Division 58.4.1 shall longlines only. CDS 11. Each vessel participating in 2. Fishing is prohibited in depths be limited to the exploratory longline this exploratory longline fishery shall be shallower than 550 m in order to protect fishery by Japan, Republic of Korea, required to participate in the Catch benthic communities. New Zealand, South Africa, Spain and Catch limit 3. The total catch of Documentation Scheme for Dissostichus Uruguay. The fishery shall be conducted Dissostichus spp. in Statistical Subarea spp., in accordance with Conservation by one (1) Japanese, five (5) Korean, four 88.2 south of 65° S in the 2008/09 Measure 10–05. (4) New Zealand, one (1) South African, season shall not exceed a precautionary Research 12. Each vessel one (1) Spanish and one (1) Uruguayan catch limit of 567 applied as follows: participating in this exploratory fishery flagged vessels using longlines only. SSRU A—0 tonnes shall conduct fishery-based research in 2. Fishing is prohibited in depths SSRU B—0 tonnes accordance with the Research Plan and shallower than 550 m in order to protect SSRUs C, D, F and G—214 tonnes total Tagging Program described in benthic communities. SSRU E—353 tonnes. Conservation Measure 41–01, Annex B Catch limit 3. The total catch of Season 4. For the purpose of the and Annex C respectively. The setting of Dissostichus spp. in Statistical Division exploratory longline fishery for research hauls (Conservation Measure 58.4.1 in the 2008/09 season shall not Dissostichus spp. in Statistical Subarea 41–01, Annex B, paragraphs 3 and 4) is exceed a precautionary catch limit of 88.2, the 2008/09 season is defined as not required. 210 tonnes applied as follows: the period from 1 December 2008 to 31 13. Toothfish shall be tagged at a rate SSRU A—0 tonnes August 2009. of at least one fish per tonne green SSRU B—0 tonnes 5. The exploratory longline fishery for weight caught in each SSRU. SSRU C—100 tonnes Dissostichus spp. in Statistical Subarea 14. Skates shall be tagged at a rate of SSRU D—0 tonnes 88.2 shall be carried out in accordance at least one skate per five skates caught, SSRU E—50 tonnes with the provisions of Conservation up to a maximum of 500 skates per SSRU F—0 tonnes Measure 41–01, except paragraph 6. vessel. SSRU G—60 tonnes

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SSRU H—0 tonnes. 23–05, shall be collected and recorded. in any one haul of any of the species Season 4. For the purpose of the Such data shall be reported in named in Conservation Measure 33–01 exploratory longline fishery for accordance with the CCAMLR Scheme is greater than 100 kg and exceeds 5% Dissostichus spp. in Statistical Division of International Scientific Observation. of the total catch of all fish by weight, 58.4.1, the 2008/09 season is defined as Environmental protection 15. or is equal to or greater than 2 tonnes, the period from 1 December 2008 to 30 Conservation Measure 26–01 applies. then the fishing vessel shall move to November 2009. 16. There shall be no offal discharge another location at least 5 n miles Fishing operations 5. The in this fishery. distant .1 The fishing vessel shall not exploratory longline fishery for 17. Conservation Measures 22–06 and return to any point within 5 n miles of Dissostichus spp. in Statistical Division 22–07 apply. the location where the by-catch of 58.4.1 shall be carried out in accordance Conservation Measure 42–01 (2008) species named in Conservation Measure with the provisions of Conservation 33–01 exceeded 5% for a period of at Limits on the fishery for Measure 41–01, except paragraph 6. least five days .2 The location where the By-catch 6. The by-catch in this Champsocephalus gunnari in by-catch exceeded 5% is defined as the fishery shall be regulated as set out in Statistical Subarea 48.3 in the 2008/09 path followed by the fishing vessel from Conservation Measure 33–03. season the point at which the fishing gear was Mitigation 7. The exploratory (Species: icefish; Area: 48.3; Season: first deployed from the fishing vessel to longline fishery for Dissostichus spp. in 2008/09; Gear: trawl) the point at which the fishing gear was Statistical Division 58.4.1 shall be The Commission hereby adopts the retrieved by the fishing vessel. carried out in accordance with the following conservation measure in Mitigation 7. The operation of this provisions of Conservation Measure 25– accordance with Conservation Measure fishery shall be carried out in 02, except paragraph 5 (night setting) 31–01: accordance with Conservation Measure shall not apply, providing that vessels Access 1. The fishery for 25–03 so as to minimise the incidental comply with Conservation Measure 24– Champsocephalus gunnari in Statistical mortality of seabirds in the course of the 02. Subarea 48.3 shall be conducted by fishery. Vessels shall use net binding 3 8. Any vessel catching a total of three vessels using trawls only. The use of and consider adding weight to the (3) seabirds shall immediately revert to bottom trawls in the directed fishery for codend to reduce seabird captures night setting in accordance with Champsocephalus gunnari in Statistical during shooting operations. Conservation Measure 25–02. Subarea 48.3 is prohibited. 8. Should any vessel catch a total of Observers 9. Each vessel 2. Fishing for Champsocephalus 20 seabirds, it shall cease fishing and participating in the fishery shall have at gunnari shall be prohibited within 12 n shall be excluded from further least two scientific observers, one of miles of the coast of South Georgia participation in the fishery in the 2008/ whom shall be an observer appointed in during the period 1 March to 31 May. 09 season. accordance with the CCAMLR Scheme Catch limit 3. The total catch of Observers 9. Each vessel of International Scientific Observation, Champsocephalus gunnari in Statistical participating in this fishery shall have at on board throughout all fishing Subarea 48.3 in the 2008/09 season shall least one scientific observer appointed activities within the fishing period. be limited to 3 834 tonnes. in accordance with the CCAMLR Research 10. Each vessel 4. Where any haul contains more than Scheme of International Scientific participating in this exploratory fishery 100 kg of Champsocephalus gunnari, Observation, and where possible one shall conduct fishery-based research in and more than 10% of the additional scientific observer, on board accordance with the Research Plan and Champsocephalus gunnari by number throughout all fishing activities within Tagging Program described in are smaller than 240 mm total length, the fishing period. Conservation Measure 41–01, Annex B the fishing vessel shall move to another Data: Catch/Effort 10. For the fishing location at least 5 n miles purpose of implementing this and Annex C respectively. 1 11. Toothfish shall be tagged at a rate distant . The fishing vessel shall not conservation measure in the 2008/09 of at least three fish per tonne green return to any point within 5 n miles of season, the following shall apply: weight caught. the location where the catch of small (i) The Five-day Catch and Effort Champsocephalus gunnari exceeded Reporting System set out in Data: Catch/Effort 10%, for a period of at least five days 2. Conservation Measure 23–01; 12. For the purpose of implementing The location where the catch of small (ii) the Monthly Fine-Scale Catch and this conservation measure in the 2008/ Champsocephalus gunnari exceeded Effort Reporting System set out in 09 season, the following shall apply: 10% is defined as the path followed by Conservation Measure 23–04. Fine-scale (i) The Five-day Catch and Effort the fishing vessel from the point at data shall be submitted on a haul-by- Reporting System set out in which the fishing gear was first haul basis. Conservation Measure 23–01; deployed from the fishing vessel to the 11. For the purpose of Conservation (ii) The Monthly Fine-scale Catch and point at which the fishing gear was Measures 23–01 and 23–04, the target Effort Reporting System set out in retrieved by the fishing vessel. species is Champsocephalus gunnari Conservation Measure 23–04. Fine-scale Season 5. For the purpose of the and by-catch species are defined as any data shall be submitted on a haul-by- trawl fishery for Champsocephalus species other than Champsocephalus haul basis. gunnari in Statistical Subarea 48.3, the gunnari. 13. For the purpose of Conservation 2008/09 season is defined as the period Data: Biological 12. Fine-scale Measures 23–01 and 23–04, the target from 15 November 2008 to 14 November biological data, as required under species is Dissostichus spp. and by- 2009, or until the catch limit is reached, Conservation Measure 23–05, shall be catch species are defined as any species whichever is sooner. collected and recorded. Such data shall other than Dissostichus spp. By-catch 6. The by-catch in this be reported in accordance with the fishery shall be regulated as set out in CCAMLR Scheme of International Data: Biological Conservation Measure 33–01. If, in the Scientific Observation. 14. Fine-scale biological data, as course of the directed fishery for Environmental protection 13. required under Conservation Measure Champsocephalus gunnari, the by-catch Conservation Measure 26–01 applies.

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1 This provision concerning the minimum move to another fishing location at least appropriate definition of a fishing location by distance separating fishing locations is 5 n miles distant 1. The fishing vessel the Commission. adopted pending the adoption of a more shall not return to any point within 5 n 2 The specified period is adopted in appropriate definition of a fishing location by miles of the location where the catch of accordance with the reporting period the Commission. specified in Conservation Measure 23–01, 2 The specified period is adopted in small Champsocephalus gunnari pending the adoption of a more appropriate accordance with the reporting period exceeded 10% for a period of at least period by the Commission. five days.2 The location where the catch specified in Conservation Measure 23–01, Annexes 42–02/A and 42–02/B are pending the adoption of a more appropriate of small Champsocephalus gunnari period by the Commission. exceeded 10% is defined as the path unchanged 3 See SC–CAMLR–XXV, Annex 5, followed by the fishing vessel from the Conservation Measure 51–01 (2008) Appendix D, paragraph 59 for guidelines for point at which the fishing gear was first Precautionary catch limitations on net binding. deployed from the fishing vessel to the Euphausia superba in Statistical point at which the fishing gear was Conservation Measure 42–02 (2008) Subareas 48.1, 48.2, 48.3, and 48.4 retrieved by the fishing vessel. The (Species: krill; Area: 48.1. 48.2, 48.3, Limits on the fishery for minimum legal total length shall be 240 48.4; Season: all; Gear: all) Champsocephalus gunnari in mm. Statistical Division 58.5.2 in the 2008/ The Commission, Season 6. For the purpose of the 09 season Noting that it has agreed (CCAMLR– trawl fishery for Champsocephalus (Species: icefish; Area: 58.5.2; Season: XIX, paragraph 10.11) that the krill gunnari in Statistical Division 58.5.2, 2008/09; Gear: trawl) catches in Statistical Subareas 48.1, the 2008/09 season is defined as the 48.2, 48.3 and 48.4 shall not exceed a Access 1. The fishery for period from 1 December 2008 to 30 set level, defined herein as a trigger Champsocephalus gunnari in Statistical November 2009, or until the catch limit level, until a procedure for division of Division 58.5.2 shall be conducted by is reached, whichever is sooner. the overall catch limit into smaller vessels using trawls only. By-catch 7. Fishing shall cease if the management units has been established, 2. For the purpose of this fishery for by-catch of any species reaches its by- and that the Scientific Committee has Champsocephalus gunnari, the area catch limit as set out in Conservation been directed to provide advice on such open to the fishery is defined as that Measure 33–02. a subdivision, portion of Statistical Division 58.5.2 that Mitigation 8. The operation of this Recognising that the Scientific lies within the area enclosed by a line: fishery shall be carried out in (i) Starting at the point where the Committee agreed a trigger level of accordance with Conservation Measure meridian of longitude 72°15′E intersects 620 000 tonnes, adopts the following 25–03 so as to minimise the incidental the Australia-France Maritime measure in accordance with Article IX mortality of seabirds in the course of Delimitation Agreement Boundary then of its Convention: fishing. south along the meridian to its Access 1. The fishery for Euphausia Observers 9. Each vessel intersection with the parallel of latitude superba in Statistical Subareas 48.1, participating in this fishery shall have at 53°25′S; 48.2, 48.3 and 48.4 shall be conducted least one scientific observer, and may (ii) Then east along that parallel to its by vessels using fishing methods listed include one appointed in accordance intersection with the meridian of in Conservation Measure 21–03, Annex with the CCAMLR Scheme of longitude 74° E; A only. (iii) Then northeasterly along the International Scientific Observation, on Catch limit 2. The total combined geodesic to the intersection of the board throughout all fishing activities catch of Euphausia superba in parallel of latitude 52°40′S and the within the fishing period. Statistical Subareas 48.1, 48.2, 48.3 and meridian of longitude 76° E; Data: Catch/Effort 10. For the 48.4 shall be limited to 3.47 million (iv) Then north along the meridian to purpose of implementing this tonnes in any fishing season. its intersection with the parallel of conservation measure in the 2008/09 Trigger level 3. Until the latitude 52° S; season, the following shall apply: Commission has defined an allocation (v) Then northwesterly along the (i) The Ten-day Catch and Effort of this total catch limit between smaller geodesic to the intersection of the Reporting System set out in Annex 42– management units,1 based on the advice parallel of latitude 51° S with the 02/B; from the Scientific Committee, the total meridian of longitude 74°30′E; (ii) The Monthly Fine-scale Catch and combined catch in Statistical Subareas (vi) Then southwesterly along the Effort Reporting System set out in 48.1, 48.2, 48.3 and 48.4 shall be further geodesic to the point of commencement. Annex 42–02/B. Fine-scale data shall be limited to 620 000 tonnes in any fishing 3. A chart illustrating the above submitted on a haul-by-haul basis. season. definition is appended to this 11. For the purpose of Annex 42–02/ 4. This measure shall be kept under conservation measure (Annex 42–02/A). B, the target species is review by the Commission, taking into Areas in Statistical Division 58.5.2 Champsocephalus gunnari and by-catch account the advice of the Scientific outside that defined above shall be species are defined as any species other Committee. closed to directed fishing for than Champsocephalus gunnari. Season 5. A fishing season begins on Champsocephalus gunnari. Data: Biological 12. Fine-scale 1 December and finishes on 30 Catch limit 4. The total catch of biological data, as required under November of the following year. Champsocephalus gunnari in Statistical Annex 42–02/B, shall be collected and Mitigation 6. The operation of this Division 58.5.2 in the 2008/09 season recorded. Such data shall be reported in fishery shall be carried out in shall be limited to 102 tonnes. accordance with the CCAMLR Scheme accordance with Conservation Measure 5. Where any haul contains more than of International Scientific Observation. 25–03 so as to minimise the incidental 100 kg of Champsocephalus gunnari, Environmental protection 13. mortality of seabirds in the course of and more than 10% of the Conservation Measure 26–01 applies. fishing. Champsocephalus gunnari by number 1 This provision concerning the minimum 7. The use of marine mammal are smaller than the specified minimum distance separating fishing locations is exclusion devices on trawls is legal total length, the fishing vessel shall adopted pending the adoption of a more mandatory.

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Data 8. For the purpose of 3. The total catch limit shall be Conservation Measure 51–04 (2008) implementing this conservation further subdivided into two General measure for exploratory measure, the data requirements set out subdivisions within Statistical Division fisheries for Euphausia superba in the in Conservation Measure 23–06 shall 58.4.2 as follows: west of 55° E, 1.448 ° Convention Area in the 2008/09 apply. million tonnes; and east of 55 E, 1.080 season Environmental protection 9. million tonnes. (Species: krill; Area: various; Season: Conservation Measure 26–01 applies. Trigger level 1 4. Until the 2008/09; Gear: various) 1 Defined in CCAMLR–XXI, paragraph 4.5. Commission has defined an allocation The Commission hereby adopts the of this total catch limit between smaller following conservation measure: Conservation Measure 51–02 (2008) management units, as the Scientific 1. This conservation measure applies Precautionary catch limitation on Committee may advise, the total catch to exploratory fisheries for Antarctic Euphausia superba in Statistical in Division 58.4.2 shall be limited to krill (Euphausia superba) except for Division 58.4.1 260 000 tonnes west of 55° E and 192 such fisheries where the Commission (Species: krill; Area: 58.4.1; Season: all; 000 tonnes east of 55° E in any fishing has given specific exemptions, and only Gear: trawl) season. to the extent of those exemptions. Access 1. The fishery for Euphausia 5. This measure shall be kept under 2. Fishing in any statistical subarea or superba in Statistical Division 58.4.1 review by the Commission, taking into division shall cease when the reported shall be conducted by vessels using account the advice of the Scientific catch reaches the specified catch limit 1 fishing methods listed in Conservation Committee. and that subarea or division shall be Measure 21–03, Annex A only. Season 6. A fishing season begins on closed to fishing for the remainder of Catch limit 2. The total catch of 1 December and finishes on 30 the season. No more than 75% of the Euphausia superba in Statistical November of the following year. catch limit shall be taken within 60 n Division 58.4.1 shall be limited to 440 miles of known breeding colonies of 000 tonnes in any fishing season. Mitigation 7. The operation of this fishery shall be carried out in land-based krill-dependent predators. 3. The total catch shall be further 3. In order to give effect to paragraph accordance with Conservation Measure subdivided into two subdivisions 2 above: 25–03 so as to minimise the incidental within Statistical Division 58.4.1 as (i) The precise geographic position of mortality of seabirds in the course of follows: west of 115° E, 277 000 tonnes; a trawl haul will be determined by the fishing. and east of 115° E, 163 000 tonnes. midpoint of the path between the start 4. This measure shall be kept under 8. The use of marine mammal point and end point of the haul for the review by the Commission, taking into exclusion devices on trawls is purposes of catch and effort reporting; account the advice of the Scientific mandatory. (ii) For the purposes of this Committee. Observers 9. Each vessel conservation measure, fishing is defined Season 5. A fishing season begins on participating in the fishery shall have at as any time that fishing gear, 1 December and finishes on 30 least one scientific observer in conventional trawls, pumped codends, November the following year. accordance with the CCAMLR Scheme and continuous pumping gear are in the Mitigation 6. The operation of this of International Scientific Observation water; fishery shall be carried out in or a domestic scientific observer (iii) The Secretariat shall notify accordance with Conservation Measure fulfilling the requests in the scheme, Contracting Parties participating in 25–03 so as to minimise the incidental and where possible one additional these fisheries when the total catch of mortality of seabirds in the course of scientific observer, on board throughout Euphausia superba combined in any fishing. all fishing activities within the fishing statistical subarea or division is likely to 7. The use of marine mammal period.2 reach the specified catch limit, and of exclusion devices on trawls is Data 10. For the purposes of the closure of that subarea or division mandatory. implementing this conservation when that limit is reached.2 No part of Data 8. For the purposes of measure, the data requirements set out a trawl path may lie within a closed implementing this conservation in Conservation Measure 23–06 shall subarea or division. measure, the data requirements set out apply. 4. The total green weight of krill in Conservation Measure 23–06 shall Environmental protection 11. caught and lost shall be reported. apply. 5. Each vessel participating in the Conservation Measure 26–01 applies. Environmental protection 9. exploratory fisheries for krill during the Conservation Measure 26–01 applies. 1 A trigger level is a set level that the catch 2008/09 season shall have one observer shall not exceed until a procedure for the Conservation Measure 51–03 (2008) appointed in accordance with the division of the overall catch limit into CCAMLR Scheme of International smaller management units, upon which the Precautionary catch limitation on Scientific Observation, and where Euphausia superba in Statistical Scientific Committee has been directed to provide advice, has been established. possible one additional scientific Division 58.4.2 2 Bearing in mind the limited ecological observer, on board throughout all (Species: krill; Area: 58.4.2; Season: all; information from research and fisheries fishing activities within the fishing Gear: trawl) observers in Statistical Division 58.4.2 season. Access 1. The fishery for Euphausia compared to Statistical Area 48, the 6. The Data Collection Plan (Annex superba in Statistical Division 58.4.2 Commission recognised the need to collect 51–04/A) and Research Plan (Annex 51– shall be conducted by vessels using scientific data from the fishery. This 04/B) shall be implemented. Data fishing methods listed in Conservation paragraph applies only to the krill fishery in collected pursuant to the Data Statistical Division 58.4.2 and shall be Measure 21–03, Annex A only. revised depending on the advice of the Collection and Research Plans for the Catch limit 2. The total catch of Scientific Committee on a systematic scheme period up to 1 May 2009 shall be Euphausia superba in Statistical for scientific observation in the krill fishery reported to CCAMLR by 1 June 2009 so Division 58.4.2 shall be limited to 2.645 or reviewed within three years, whichever that the data will be available to the million tonnes in any fishing season. comes earlier. meeting of the Working Group on

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Ecosystem Monitoring and Management be taken from the haul by the observer— 6. In cases where Contracting Parties (WG–EMM) in 2009. Such data taken the length, sex and maturity stage select plan (ii), research survey after 1 June 2009 shall be reported to should be measured and recorded for all conducted from a scientific vessel, from CCAMLR not later than three months krill according to protocols in the the list in paragraph 4 above, after the closure of the fishery, but, CCAMLR Scientific Observers Manual. Contracting Parties shall, as far as where possible, submitted in time for 5. At a minimum, data collected from possible, follow all data collection and the consideration of the Scientific acoustic transects shall: analysis protocols specified for the Committee. (i) As far as possible, be recorded CCAMLR–2000 Survey. 7. Contracting Parties who choose not following protocols specified for the 7. In cases where Contracting Parties to participate in the fishery prior to the CCAMLR–2000 Survey; select plans (iii) acoustic transects by commencement of the fishery shall (ii) Be linked to position data fishing vessels, or (iv) research trawls by inform CCAMLR of changes in their recorded from a GPS; fishing vessels, from the list in plans no later than one month before the (iii) Be continuously recorded and paragraph 4 above, vessels participating start of the fishery. If, for whatever then electronically archived every five in exploratory krill fisheries shall first reason, Contracting Parties are unable to days or whenever the vessel moves conduct normal exploratory fishing participate in the fishery, they shall between exploratory units, which ever operations and then conduct additional inform CCAMLR no later than one week occurs most frequently. research requirements. Vessels will after finding that they cannot 6. Data collected during research conduct normal fishing operations until participate. The Secretariat will inform operations conducted by fishing vessels they voluntarily decide to stop fishing all Contracting Parties immediately after shall be reported to CCAMLR no later for the season or until the catch limit for such notification is received. than one month after the conclusion of the exploratory fishery is reached. 1 each fishing trip. Vessels will then complete all required Unless otherwise specified, the catch research operations. The research limit for krill shall be 15 000 tonnes in any 7. Data collected by Contracting statistical subarea or division. Parties conducting fishery-independent requirements must be completed within 2 The closure of fisheries is governed by research operations shall, as applicable, a fishing season. Conservation Measure 31–02. be submitted to CCAMLR following 8. For the purposes of this guidelines for the submission of CEMP conservation measure, exploratory units Annex 51–04/A ° ° data and data collected during the are defined as areas of 1 latitude by 1 Data Collection Plans for Exploratory CCAMLR–2000 Survey. These data shall longitude size, and the vertices of these Krill Fisheries be submitted in sufficient time to be units shall occur at integer points of latitude and longitude within statistical 1. During normal fishing operations, considered by the next meeting of WG– EMM. subarea or divisions. all vessels will comply with the Ten-day 9. During normal exploratory fishing Catch and Effort Reporting System Annex 51–04/B operations, vessels can choose to fish in (Conservation Measure 23–02) and the any exploratory unit, however one set of Monthly Fine-scale Catch, Effort and Research Plans for Exploratory Krill Fisheries acoustic transects or one set of research Biological Data Reporting Systems hauls must be conducted in each (Conservation Measures 23–04 and 23– 1. Activities under this Research Plan exploratory unit visited during normal 05), including requirements for the shall not be exempted from any fishing operations. provision of haul-by-haul data. conservation measure in force. 10. Plans (iii) acoustic transects by 2. During normal fishing operations, 2. This plan applies to all statistical fishing vessels, and (iv) research trawls all data required by the CCAMLR subarea or divisions. by fishing vessels, from the list in Scientific Observers Manual for krill 3. A schematic representation of the paragraph 4 above shall be conducted as fisheries will be collected. plans described herein is provided in follows: 3. Detailed information on the Figure 1. (i) Upon completion (either configuration of every commercial trawl 4. Contracting Parties intending to voluntarily or if the catch limit has been used during normal fishing operations conduct exploratory krill fisheries shall reached) of normal exploratory fishing and every research net used during choose one of the following four operations, the vessel will transit to the required research operations will be Research and Data Collection Plans and nearest previously unvisited exploratory reported to CCAMLR no later than one advise CCAMLR of their choice at least unit and begin research operations; month after the conclusion of each one month prior to initiating any fishing (ii) The vessel will determine how fishing trip. activities. many previously unvisited exploratory 4. Data collected from research net (i) Predator monitoring units must be surveyed during research hauls shall include: (ii) A research survey conducted from operations by dividing the catch (i) The start and end positions and a scientific vessel obtained during normal exploratory times of the haul; (iii) Acoustic transects by fishing fishing operations by 2,000 tonnes and (ii) The date on which the haul was vessels, or rounding that number to the nearest conducted; (iv) Research trawls by fishing vessels. integer; (iii) Characteristics of the haul such as 5. In cases where Contracting Parties (iii) The vessel will then select a tow speed, the maximum amount of select plan (i), predator monitoring, number of exploratory units equal to the wire payed out during a tow, the from the list in paragraph 4 above, those number of units determined by the average wire angle during the tow, and Parties shall, as far as possible, follow calculation in item (ii) above and calibrated flow-meter values that can be CEMP Standard Methods. Monitoring conduct one set of acoustic transects or used to provide accurate measures of shall be conducted for a period of time one set of research hauls in each of volume filtered; sufficient both to cover the entire these units; (iv) An estimate of the total catch (in breeding period of land-based predators (iv) Exploratory units visited during numbers or weight) of krill; and and to cover the duration of any research operations must not have been (v) A random sample of up to 200 krill exploratory fishing that occurs during visited during normal exploratory or the entire catch, whichever is less, to their breeding season. fishing operations;

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(v) The survey will be conducted in research hauls separated by a minimum and research operations, shall be a way that ensures the exploratory units of 10 n miles. accompanied by at least one net haul. visited during research operations will 12. Acoustic transects shall be These hauls can be conducted either surround the units in which normal conducted using a scientific-quality with commercial trawls or with research exploratory fishing operations echosounder collecting information at trawls. Trawls that accompany acoustic previously occurred. 120 kHz. The echosounder should be transects can be conducted during the calibrated. Every acoustic transect shall transect or immediately after the 11. Research hauls shall be conducted be a randomly located, continuous path completion of the transect. In the latter with nekton trawls commonly used in travelled at constant speed of 10 knots case, the trawl shall be conducted along scientific research (e.g., IKMT or RMT or less and in a constant direction. The a previous segment of the transect line. type nets) that have 4–5 mm mesh, minimum distance between the start Trawls that accompany acoustic including the codend. Every research and end points of a transect shall be 30 transects shall be at least 0.5 h in haul shall be a randomly located, n miles, and a set of acoustic transects duration, or sufficient time to achieve a oblique haul made to a depth of 200 m is defined as two transects separated by representative sample, and the data or 25 m above the bottom (whichever is at least 10 n miles. collected from these hauls shall be the less) with a duration of 0.5 h. A set of 13. All acoustic transects, both during same as those required for research research hauls is defined as three normal exploratory fishing operations hauls.

Conservation Measure 51–05 (2008) The Commission hereby adopts the would be reviewed by the Scientific following conservation measure in Committee: Limits on the exploratory fishery for accordance with Conservation Access 1. Fishing for Euphausia Euphausia superba in Statistical Measure 21–02, and notes that this Subarea 48.6 in the 2008/09 season superba in Statistical Subarea 48.6 shall measure would be for one year and be limited to the exploratory trawl (Species: krill; Area: 48.6; Season: 2008/ that data arising from these activities fishery by Norway. The fishery shall be 09; Gear: trawl) conducted by one (1) Norwegian flagged

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vessel using one of the fishing Conservation Measure 52–01 (2008) Data: Catch/Effort 9. For the purpose techniques in Annex 21–03/A. Limits on the fishery for crab in of implementing this conservation Catch limit 2. The total catch of Statistical Subarea 48.3 in the 2008/09 measure in the 2008/09 season, the Euphausia superba in Statistical season following shall apply: Subarea 48.6 in the 2008/09 season shall (Species: crab; Area: 48.3; Season: 2008/ (i) The Ten-day Catch and Effort not exceed a precautionary catch limit 09; Gear: pot) Reporting System set out in of 15 000 tonnes, of which no more than The Commission hereby adopts the Conservation Measure 23–02; 11 250 tonnes shall be taken from areas following conservation measure in (ii) The Monthly Fine-scale Catch and within 60 n miles of known breeding accordance with Conservation Effort Reporting System set out in colonies of land-based krill-dependent Measure 31–01: Conservation Measure 23–04. Fine-scale predators. data shall be submitted on a haul-by- Season 3. For the purpose of the Access 1. The fishery for crab in haul basis. exploratory fishery for Euphausia Statistical Subarea 48.3 shall be 10. For the purpose of Conservation superba in Statistical Subarea 48.6, the conducted by vessels using pots only. Measures 23–02 and 23–04 the target 2008/09 season is defined as the period The crab fishery is defined as any species is crab and by-catch species are from 1 December 2008 to 30 November commercial harvest activity in which defined as any species other than crab. 2009. the target species is any member of the Data: Biological 11. Fine-scale Mitigation 4. The exploratory fishery crab group (Order Decapoda, Suborder biological data, as required under for Euphausia superba in Statistical Reptantia). Conservation Measure 23–05, shall be Subarea 48.6 shall be carried out in 2. The crab fishery shall be limited to collected and recorded. Such data shall accordance with the provisions of one vessel per Member. be reported in accordance with the Conservation Measure 25–03 so as to 3. Each Member intending to CCAMLR Scheme of International minimise the incidental mortality of participate in the crab fishery shall Scientific Observation. seabirds in the course of fishing. notify the CCAMLR Secretariat at least Research 12. Each vessel 5. The use of marine mammal three months in advance of starting participating in this exploratory fishery exclusion devices on trawls is fishing of the name, type, size, shall conduct fishery-based research in mandatory. registration number, radio call sign, and accordance with the data requirements Observers 6. The vessel participating Research and Fishery Operation Plans of described in Annex 52–01/A and the in the fishery shall have one observer the vessel that the Member has experimental harvest regime described appointed in accordance with the authorised to participate in the crab in Annex 52–01/B. Data collected for CCAMLR Scheme of International fishery. the period up to 31 August 2009 shall Scientific Observation, and where Catch limit 4. The total catch of crab be reported to CCAMLR by 30 possible an additional observer, on in Statistical Subarea 48.3 in the 2008/ September 2009 so that the data will be board throughout all fishing activities 09 season shall not exceed a available to the meeting of the Working within the fishing period. precautionary catch limit of 1 600 Group on Fish Stock Assessment (WG– Data: Catch/Effort 7. For the purpose tonnes. FSA) in 2009. Such data collected after of implementing this conservation 5. The crab fishery shall be limited to 31 August 2009 shall be reported to measure in the 2008/09 season, the sexually mature male crabs—all female CCAMLR not later than three months following shall apply: and undersized male crabs caught shall after the closure of the fishery. (i) The Ten-day Catch and Effort be released unharmed. In the case of Environmental protection 13. Reporting System set out in Paralomis spinosissima and Paralomis Conservation Measure 26–01 applies. Conservation Measure 23–02; formosa, males with a minimum Annex 52–01/A (ii) The Monthly Fine-scale Catch and carapace width of 94 and 90 mm Effort Reporting System set out in respectively, may be retained in the Data Requirements catch. Conservation Measure 23–04. Fine-scale Catch and Effort Data data shall be submitted on a haul-by- Season 6. For the purpose of the pot haul basis. fishery for crab in Statistical Subarea Cruise Descriptions 48.3, the 2008/09 season is defined as 8. For the purpose of Conservation Cruise code, vessel code, permit the period from 1 December 2008 to 30 Measures 23–01 and 23–04, the target number, year. species is Euphausia superba and by- November 2009, or until the catch limit catch species are defined as any species is reached, whichever is sooner. Pot Descriptions other than Euphausia superba. By-catch 7. The by-catch of Diagrams and other information, Data: Biological 9. Fine-scale Dissostichus eleginoides shall be including pot shape, dimensions, mesh biological data, as required under counted against the catch limit in the size, funnel position, aperture and Conservation Measure 23–05, shall be fishery for Dissostichus eleginoides in orientation, number of chambers, collected and recorded. Such data shall Statistical Subarea 48.3. presence of an escape port. be reported in accordance with the Observers 8. Each vessel CCAMLR Scheme of International participating in this fishery shall have at Effort Descriptions Scientific Observation. least one scientific observer appointed Date, time, latitude and longitude of Research 10. Each vessel in accordance with the CCAMLR the start of the set, compass bearing of participating in this exploratory fishery Scheme of International Scientific the set, total number of pots set, spacing shall conduct fishery-based research in Observation, and where possible one of pots on the line, number of pots lost, accordance with the Research Plan additional scientific observer, on board depth, soak time, bait type. described in Conservation Measure 51– throughout all fishing activities within 04. the fishing period. Scientific observers Catch Descriptions Environmental protection 11. shall be afforded unrestricted access to Retained catch in numbers and Conservation Measure 26–01 applies. the catch for statistical random weight, by-catch of all species (see Table 12. There shall be no offal discharge sampling prior to, as well as after, 1), incremental record number for in this fishery. sorting by the crew. linking with sample information.

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Biological Data 1. Vessels shall conduct the before it can be considered that the experimental harvest regime at the start vessel has completed the experimental For these data, crabs are to be of their first season of participation in harvesting regime; sampled from the line hauled just prior the crab fishery and the following (v) After completing 200 000 pot to noon, by collecting the entire conditions shall apply: hours of experimental fishing, it shall be contents of a number of pots spaced at (i) Every vessel when undertaking an considered that vessels have completed intervals along the line so that between experimental harvesting regime shall the experimental harvesting regime and 35 and 50 specimens are represented in expend its first 200 000 pot hours of they shall be permitted to commence the subsample. effort within a total area delineated by fishing in a normal fashion. ° ° Cruise Descriptions 12 blocks of 0.5 latitude by 1.0 2. Data collected during the longitude. For the purposes of this experimental harvest regime up to 30 Cruise code, vessel code, permit conservation measure, these blocks shall June 2009 shall be submitted to number. be numbered A to L. In Annex 52–01/ CCAMLR by 31 August 2009. Sample Descriptions C, the blocks are illustrated (Figure 1), 3. Vessels that complete the and the geographic position is denoted experimental harvest regime shall not be Date, position at start of the set, by the coordinates of the northeast required to conduct experimental compass bearing of the set, line number. corner of the block. For each string, pot fishing in future seasons. hours shall be calculated by taking the 4. Fishing vessels shall participate in Data total number of pots on the string and the experimental harvest regime multiplying that number by the soak Species, sex, length of at least 35 independently (i.e. vessels may not individuals, presence/absence of time (in hours) for that string. Soak time shall be defined for each string as the cooperate to complete phases of the rhizocephalan parasites, record of the experiment). destination of the crab (kept, discarded, time between start of setting and start of hauling; 5. Crabs taken by any vessel for destroyed), record of the pot number research purposes will be considered as from which the crab comes. (ii) Vessels shall not fish outside the area delineated by the 0.5° latitude by part of any catch limits in force for each Annex 52–01/B 1.0° longitude blocks prior to species taken, and shall be reported to CCAMLR as part of the annual Experimental Harvest Regime completing the experimental harvesting regime; STATLANT returns. This annex applies to all crab fishing (iii) Vessels shall not expend more 6. All vessels participating in the within Statistical Subarea 48.3. Every than 30 000 pot hours in any single experimental harvest regime shall carry vessel participating in the crab fishery block of 0.5° latitude by 1.0° longitude; at least one scientific observer, in Statistical Subarea 48.3 shall (iv) If a vessel returns to port before appointed in accordance with the conduct fishing operations in it has expended 200 000 pot hours in CCAMLR Scheme of International accordance with an experimental the experimental harvesting regime, the Scientific Observation, on board during harvest regime as outlined below: remaining pot hours shall be expended all fishing activities.

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Conservation Measure 52–02 (2008) 4. The crab fishery shall be limited to Scheme of International Scientific Limits on the exploratory fishery for sexually mature male crabs—all female Observation, and where possible one crab in Statistical Subarea 48.2 in the and undersized male crabs caught shall additional scientific observer, on board 2008/09 season be released unharmed. In the case of throughout all fishing activities within (Species: Crab; Area: 48.2; Season: 2008/ Paralomis spinosissima and Paralomis the fishing period. Scientific observers 09; Gear: pot) formosa, males with a minimum shall be afforded unrestricted access to The Commission hereby adopts the carapace width of 94 and 90 mm the catch for statistical random following conservation measure in respectively, may be retained in the sampling prior to, as well as after, accordance with Conservation Measure catch. sorting by the crew. 21–01, and notes that this measure Season 5. For the purpose of the pot Data: Catch/Effort 8. For the purpose would be for one year and that data fishery for crab in Statistical Subarea of implementing this conservation arising from these activities would be 48.2, the 2008/09 season is defined as measure in the 2008/09 season, the reviewed by the Scientific Committee: the period from 1 December 2008 to 30 following shall apply: Access 1. The fishery for crab in November 2009, or until the catch limit (i) The Ten-day Catch and Effort Statistical Subarea 48.2 shall be is reached, whichever is sooner. Reporting System set out in conducted by vessels using pots only. By-catch 6. All by-catch of finfish Conservation Measure 23–02; The crab fishery is defined as any shall be recorded for length, identified (ii) The Monthly Fine-scale Catch and harvest activity in which the target to species and then released to the sea Effort Reporting System set out in species is any member of the crab group with the least possible handling. Before Conservation Measure 23–04. Fine-scale (Order Decapoda, Suborder Reptantia). release, all live specimens of data shall be submitted on a haul-by- The fishery in the 2008/09 season shall Dissostichus spp. shall be measured and haul basis. be conducted by one (1) Russian flagged tagged. Full biological data shall be 9. For the purpose of Conservation vessel using pots only. taken from all dead finfish by-catch. A Measures 23–02 and 23–04 the target 2. The crab fishery shall be limited to total by-catch limit of 0.5 tonnes shall species is crab and by-catch species are one vessel per Member. apply for all dead finfish. defined as any species other than crab. Catch limit 3. The total catch of crab Observers 7. Each vessel Data: Biological 10. Fine-scale in Statistical Subarea 48.2 in the 2008/ participating in this fishery shall have at biological data, as required under 09 season shall not exceed a least one scientific observer appointed Conservation Measure 23–05, shall be precautionary catch limit of 250 tonnes. in accordance with the CCAMLR collected and recorded. Such data shall

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be reported in accordance with the CCAMLR not later than three months size, funnel position, aperture and CCAMLR Scheme of International after the closure of the fishery. orientation, number of chambers, Scientific Observation. Environmental protection 12. presence of an escape port. Conservation Measure 26–01 applies. Research 11. Each vessel 13. Conservation Measures 22–06 and Effort Descriptions participating in this exploratory fishery 22–07 apply. shall conduct fishery-based research in Date, time, latitude and longitude of accordance with the data requirements Annex 52–02/A the start of the set, compass bearing of described in Annex 52–02/A and the Data Requirements the set, total number of pots set, spacing experimental harvest regime described of pots on the line, number of pots lost, in Annex 52–02/B. Data collected for Catch and Effort Data depth, soak time, bait type. the period up to 31 August 2009 shall Cruise Descriptions Catch Descriptions be reported to CCAMLR by 30 Cruise code, vessel code, permit September 2009 so that the data will be number, year. Retained catch in numbers and available to the meeting of the Working weight, by-catch of all species (see Table Pot Descriptions Group on Fish Stock Assessment (WG– 1), incremental record number for FSA) in 2009. Such data collected after Diagrams and other information, linking with sample information. 31 August 2009 shall be reported to including pot shape, dimensions, mesh

Biological Data an experimental harvest regime as (iv) If a vessel returns to port before outlined below: it has expended 200 000 pot hours in For these data, crabs are to be 1. Vessels shall conduct the the experimental harvesting regime, the sampled from the line hauled just prior experimental harvest regime at the start remaining pot hours shall be expended to noon, by collecting the entire of their first season of participation in before it can be considered that the contents of a number of pots spaced at the crab fishery and the following vessel has completed the experimental intervals along the line so that between conditions shall apply: harvesting regime; 35 and 50 specimens are represented in (i) Every vessel when undertaking an (v) After completing 200,000 pot the subsample. experimental harvesting regime shall hours of experimental fishing, it shall be Cruise Descriptions expend its first 200 000 pot hours of considered that vessels have completed effort within a total area delineated by the experimental harvesting regime and Cruise code, vessel code, permit 12 blocks of 0.5° latitude by 1.0° they shall be permitted to commence number. longitude. For the purposes of this fishing in a normal fashion. conservation measure, these blocks shall Sample Descriptions 2. Data collected during the be numbered A to L. In Annex 52–02/ experimental harvest regime up to 30 Date, position at start of the set, C, the blocks are illustrated (Figure 1), June 2009 shall be submitted to compass bearing of the set, line number. and the geographic position is denoted CCAMLR by 31 August 2009. by the coordinates of the northeast 3. Vessels that complete the Data corner of the block. For each string, pot experimental harvest regime shall not be Species, sex, length of at least 35 hours shall be calculated by taking the required to conduct experimental individuals, presence/absence of total number of pots on the string and fishing in future seasons. rhizocephalan parasites, record of the multiplying that number by the soak 4. Fishing vessels shall participate in destination of the crab (kept, discarded, time (in hours) for that string. Soak time the experimental harvest regime destroyed), record of the pot number shall be defined for each string as the independently (i.e., vessels may not from which the crab comes. time between start of setting and start of cooperate to complete phases of the hauling; experiment). Annex 52–02/B (ii) Vessels shall not fish outside the 5. Crabs taken by any vessel for ° Experimental Harvest Regime area delineated by the 0.5 latitude by research purposes will be considered as 1.0° longitude blocks prior to part of any catch limits in force for each This annex applies to all crab fishing completing the experimental harvesting species taken, and shall be reported to within Statistical Subarea 48.2. Every regime; CCAMLR as part of the annual vessel participating in the crab fishery (iii) Vessels shall not expend more STATLANT returns. in Statistical Subarea 48.2 shall conduct than 30,000 pot hours in any single 6. All vessels participating in the fishing operations in accordance with block of 0.5° latitude by 1.0° longitude; experimental harvest regime shall carry

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at least one scientific observer, Scientific Observation, on board during appointed in accordance with the all fishing activities. CCAMLR Scheme of International

Conservation Measure 52–03 (2008) 2. The crab fishery shall be limited to with the least possible handling. Before one vessel per Member. release, all live specimens of Limits on the exploratory fishery for Catch limit 3. The total catch of crab Dissostichus spp. shall be measured and crab in Statistical Subarea 48.4 in the in Statistical Subarea 48.4 in the 2008/ tagged. Full biological data shall be 2008/09 season 09 season shall not exceed a taken from all dead finfish by-catch. A (Species: crab; Area: 48.4; Season: 2008/ precautionary catch limit of 10 tonnes. total by-catch limit of 0.5 tonnes shall 09; Gear: pot) 4. The crab fishery shall be limited to apply for all dead finfish. The Commission hereby adopts the sexually mature male crabs—all female Observers 7. Each vessel following conservation measure in and undersized male crabs caught shall participating in this fishery shall have at accordance with Conservation Measure be released unharmed. In the case of least one scientific observer appointed 21–01, and notes that this measure Paralomis spinosissima and Paralomis in accordance with the CCAMLR would be for one year and that data formosa, males with a minimum Scheme of International Scientific arising from these activities would be carapace width of 94 and 90 mm, Observation, and where possible one reviewed by the Scientific Committee: respectively, may be retained in the additional scientific observer, on board Access 1. The fishery for crab in catch. throughout all fishing activities within Statistical Subarea 48.4 shall be Season 5. For the purpose of the pot the fishing period. Scientific observers conducted by vessels using pots only. fishery for crab in Statistical Subarea shall be afforded unrestricted access to The crab fishery is defined as any 48.2, the 2008/09 season is defined as the catch for statistical random harvest activity in which the target the period from 1 December 2008 to 30 sampling prior to, as well as after, species is any member of the crab group November 2009, or until the catch limit sorting by the crew. (Order Decapoda, Suborder Reptantia). is reached, whichever is sooner. Data: Catch/Effort 8. For the purpose The fishery in the 2008/09 season shall By-catch 6. All by-catch of finfish of implementing this conservation be conducted by one (1) Russian flagged shall be recorded for length, identified measure in the 2008/09 season, the vessels using pots only. to species and then released to the sea following shall apply:

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(i) The Five-day Catch and Effort described in Annex 52–03/A and the Pot Descriptions Reporting System set out in experimental harvest regime described Conservation Measure 23–01; in Annex 52–03/B. Data collected for Diagrams and other information, (ii) The Monthly Fine-scale Catch and the period up to 31 August 2009 shall including pot shape, dimensions, mesh Effort Reporting System set out in be reported to CCAMLR by 30 size, funnel position, aperture and Conservation Measure 23–04. Fine-scale September 2009 so that the data will be orientation, number of chambers, data shall be submitted on a haul-by- available to the meeting of the Working presence of an escape port. haul basis. Group on Fish Stock Assessment (WG– Effort Descriptions 9. For the purpose of Conservation FSA) in 2009. Such data collected after Measures 23–02 and 23–04 the target 31 August 2009 shall be reported to Date, time, latitude and longitude of species is crab and by-catch species are CCAMLR not later than three months the start of the set, compass bearing of defined as any species other than crab. after the closure of the fishery. the set, total number of pots set, spacing Data: Biological 10. Fine-scale Environmental protection 12. biological data, as required under of pots on the line, number of pots lost, Conservation Measure 26–01 applies. Conservation Measure 23–05, shall be depth, soak time, bait type. collected and recorded. Such data shall Annex 52–03/A Catch Descriptions be reported in accordance with the Data Requirements CCAMLR Scheme of International Retained catch in numbers and Scientific Observation. Catch and Effort Data weight, by-catch of all species (see Table Research 11. Each vessel Cruise Descriptions 1), incremental record number for participating in this exploratory fishery linking with sample information. shall conduct fishery-based research in Cruise code, vessel code, permit accordance with the data requirements number, year.

Biological Data 48.4. Every vessel participating in the prior to completing the experimental For these data, crabs are to be crab fishery in Statistical Subarea 48.4 harvesting regime; sampled from the line hauled just prior shall conduct fishing operations in (iii) Vessels shall not expend more to noon, by collecting the entire accordance with an experimental than 4 500 pot hours in any single contents of a number of pots spaced at harvest regime as outlined below: island group; intervals along the line so that between 1. Vessels shall conduct the (iv) If a vessel returns to port before 35 and 50 specimens are represented in experimental harvest regime at the start it has expended 30 000 pot hours in the the subsample. of their first season of participation in experimental harvesting regime, the the crab fishery and the following remaining pot hours shall be expended Cruise Descriptions conditions shall apply: before it can be considered that the Cruise code, vessel code, permit vessel has completed the experimental (i) Every vessel when undertaking an number. harvesting regime; experimental harvesting regime shall (v) After completing 30 000 pot hours Sample Descriptions expend its first 30,000 pot hours of of experimental fishing, it shall be Date, position at start of the set, effort within a total area delineated by considered that vessels have completed compass bearing of the set, line number. seven blocks distributed amongst seven the experimental harvesting regime and island groups. For the purposes of this Data they shall be permitted to commence conservation measure, these blocks shall fishing in a normal fashion. Species, sex, length of at least 35 be numbered A to G. In Annex 52–03/ 2. Data collected during the individuals, presence/absence of C, the blocks are illustrated (Figure 1). experimental harvest regime up to 30 rhizocephalan parasites, record of the For each string, pot hours shall be June 2009 shall be submitted to destination of the crab (kept, discarded, calculated by taking the total number of CCAMLR by 31 August 2009. destroyed), record of the pot number pots on the string and multiplying that 3. Vessels that complete the from which the crab comes. number by the soak time (in hours) for experimental harvest regime shall not be that string. Soak time shall be defined Annex 52–03/B required to conduct experimental for each string as the time between start fishing in future seasons. Experimental Harvest Regime of setting and start of hauling; 4. Fishing vessels shall participate in The following annex applies to all (ii) Vessels shall not fish outside the the experimental harvest regime crab fishing within Statistical Subarea area delineated by the seven blocks independently (i.e. vessels may not

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cooperate to complete phases of the species taken, and shall be reported to at least one scientific observer, experiment). CCAMLR as part of the annual appointed in accordance with the 5. Crabs taken by any vessel for STATLANT returns. CCAMLR Scheme of International research purposes will be considered as 6. All vessels participating in the Scientific Observation, on board during part of any catch limits in force for each experimental harvest regime shall carry all fishing activities.

Conservation Measure 61–01 (2008) Catch limit 2. The total catch of Scheme of International Scientific Martialia hyadesi in Statistical Subarea Observation, and where possible one Limits on the exploratory fishery for 48.3 in the 2008/09 season shall not additional scientific observer, on board Martialia hyadesi in Statistical exceed a precautionary catch limit of throughout all fishing activities within Subarea 48.3 in the 2008/09 season 2 500 tonnes. the fishing period. (Species: squid; Area: 48.3; Season: Season 3. For the purpose of the 2008/09; Gear: jig) Data: Catch/Effort 5. For the purpose exploratory jig fishery for Martialia of implementing this conservation The Commission hereby adopts the hyadesi in Statistical Subarea 48.3, the measure in the 2008/09 season, the following conservation measure in 2008/09 season is defined as the period following shall apply: accordance with Conservation Measures from 1 December 2008 to 30 November 21–02 and 31–01: 2009, or until the catch limit is reached, (i) The Ten-day Catch and Effort Reporting System set out in Access 1. Fishing for Martialia whichever is sooner. Conservation Measure 23–02; hyadesi in Statistical Subarea 48.3 shall Observers 4. Each vessel be limited to the exploratory jig fishery participating in this fishery shall have at (ii) The Monthly Fine-scale Catch and by notifying countries. The fishery shall least one scientific observer appointed Effort Reporting System set out in be conducted by vessels using jigs only. in accordance with the CCAMLR Conservation Measure 23–04. Fine-scale

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data shall be submitted on a haul-by- regions within the Convention Area by account the exceptions in Regulation A– haul basis. ships in their ballast water, 3 of the Convention, which are engaged 6. For the purpose of Conservation Recalling the requirements of Annex in harvesting and associated activities in Measures 23–02 and 23–04, the target II to the Protocol on Environmental the CAMLR Convention Area (as set out species is Martialia hyadesi and by- Protection to the Antarctic Treaty in Article II.3 of the Convention). These catch species are defined as any species regarding conservation of Antarctic Guidelines do not replace the other than Martialia hyadesi. fauna and flora and in particular of the requirements of the Ballast Water Data: Biological 7. Fine-scale precautions taken to prevent the Management Convention, but biological data, as required under introduction of non-native species, supplement the interim Ballast Water Conservation Measure 23–05, shall be Conscious that the International Regional Management Plan for collected and recorded. Such data shall Convention for the Control and Antarctica under Article 13(3), which be reported in accordance with the Management of Ships’ Ballast Waters has been adopted in ATCM Resolution CCAMLR Scheme of International and Sediments, 2004 (IMO Ballast Water 3 (2006) and IMO Resolution Scientific Observation. Management Convention), has yet to MEPC.163(56). Research 8. Each vessel participating enter into force, but noting in particular 2. If the safety of the ship is in any in this exploratory fishery shall collect its Article 13, which provides that in way jeopardised by a ballast exchange, data in accordance with the Data order to further the objectives of the it shall not take place. Additionally Collection Plan described in Annex 61– Convention, Parties with common these guidelines shall not apply to the 01/A. Data collected pursuant to the interests to protect the environment uptake or discharge of ballast water and plan for the period up to 31 August * * * in a given geographical area sediments for ensuring the safety of the 2009 shall be reported to CCAMLR by * * * shall endeavourn * * * to ship in emergency situations or saving 30 September 2009. enhance regional cooperation, including life at sea in the CAMLR Convention Environmental protection 9. through the conclusion of regional Area. Conservation Measure 26–01 applies. agreements consistent with the Ballast 3. A Ballast Water Management Plan ANNEX 61–01/a is unchanged Water Management Convention, should be prepared for each vessel with ballast tanks entering the Convention Resolution 27/XXVII Recalling also Resolution 3(2006) adopted by the Antarctic Treaty Area, specifically taking into account Use of a specific tariff classification for Consultative Meeting, and Resolution the problems of ballast water exchange Antarctic krill (applies to krill in all MEPC.163(56) adopted by the in cold environments and in Antarctic areas in all seasons but only for trawl International Maritime Organisation, conditions. gear) which adopted Guidelines for Ballast 4. Each vessel entering the The Commission, Water Exchange in the Antarctic Treaty Convention Area should keep a record Recognising the importance of krill Area, of ballast water operations. 5. Vessels are strongly encouraged to within the Antarctic ecosystem, Desiring to extend the application of not discharge any ballast water in the Mindful of the continuing increase in the above mentioned guidelines to the krill notifications received by the Convention Area. whole of the CAMLR Convention Area, 6. For vessels intending to discharge CCAMLR Secretariat and the potential 1. Urges all Contracting Parties and ballast water within the Convention for krill catch rates in the CAMLR non-Contracting Parties cooperating Area, ballast water should first be Convention Area to also increase, with CCAMLR to take particular exchanged before arrival in the Noting the increased demand for krill measures to apply the existing IMO Convention Area (preferably north of products on the final destination Guidelines for Ballast Water Exchange either the Antarctic Polar Frontal Zone markets, in the Antarctic Treaty Area, and also or 60° S, whichever is the furthest Reaffirming the importance of the Guidelines for Ballast Water north) and at least 200 n miles from the continuing the orderly development of Exchange in the CAMLR Convention nearest land in water 200 m deep. (If the Antarctic krill fishery to ensure that ° Area north of 60 S, as set out in the this is not possible for operational the expanding fishery remains annex to this resolution, as an interim reasons then such exchange should be consistent with the objectives of the measure to all ships engaged in undertaken in waters 50 n miles from Convention, harvesting and associated activities in the nearest land in waters of 200 m urges the Contracting Parties, the CAMLR Convention Area, before the depth.) To introduce into their domestic law, Ballast Water Management Convention 7. Only those tanks that will be and use accordingly, an appropriate comes into force. discharged in the Convention Area tariff classification in order to improve 2. Furthermore, urges all Contracting would need to undergo ballast water knowledge of the volume and trade of Parties and non-Contracting Parties exchange following the procedure in Antarctic krill. cooperating with CCAMLR to take paragraph 6. Ballast Water Exchange of action to develop effective treatment for Resolution 28/XXVII all tanks is encouraged for all vessels ballast water. that have the potential/capacity to load Ballast water exchange in the Annex cargo in the Convention Area, as Convention Area (applies to all Antarctic voyages are renowned for Guidelines for Ballast Water Exchange species in all areas in all seasons for their changes to planned routes and all gear) in the CAMLR Convention Area North ≥ 1 activities. The Commission, of 60 S 8. If a vessel has taken on ballast Affirming that CCAMLR was 1. The application of these Guidelines water in the Convention Area and is established to conserve the marine should apply to those vessels covered intending to discharge ballast water in living resources of the Antarctic marine by Article 3 of the IMO’s International Arctic, sub-Arctic, or sub-Antarctic ecosystem, Convention for the Control and waters, it is recommended that ballast Aware of the potential for invasive Management of Ships’ Ballast Water and water should be exchanged north of the marine organisms to be transported into Sediments (the Ballast Water Antarctic Polar Frontal Zone, and at or moved between biologically distinct Management Convention), taking into least 200 n miles from the nearest land

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in water at least 200 m deep. (If this is monitored and sediment should be practical guidelines for all vessels operating not possible for operational reasons then disposed of in accordance with the in the Antarctic Treaty Area (i.e. south of such exchange should be undertaken in ship’s Ballast Water Management Plan. 60° S). waters 50 n miles from the nearest land If sediments are disposed of at sea, then Dated: February 2, 2009. in waters of 200 m depth). they should be disposed of in waters Samuel D. Rauch III, 9. Release of sediments during the greater than 200 n miles from the cleaning of ballast tanks should not take Deputy Assistant Administrator for shoreline in waters 200 m deep. Regulatory Programs, National Marine place in the Convention Area. Fisheries Service. 10. For vessels that have spent 11. CCAMLR Members are invited to significant time in the Arctic, ballast exchange information on invasive Dated: February 2, 2009. water sediment should preferably be marine species or anything that will Margaret F. Hayes, discharged and tanks cleaned before change the perceived risk associated Director, Office of Ocean Affairs, Department entering the Convention Area. If this with ballast waters. of State. cannot be done then sediment 1 ATCM Resolution 3(2006) and IMO [FR Doc. E9–2516 Filed 2–11–09; 8:45 am] accumulation in ballast tanks should be Resolution MEPC.163(56) set out identical BILLING CODE 3510–22–P

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Part III

Office of Management and Budget Recommendations From the Metropolitan and Micropolitan Statistical Area Standards Review Committee to the Office of Management and Budget Concerning Changes to the 2000 Standards for Defining Metropolitan and Micropolitan Statistical Areas; Notice

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OFFICE OF MANAGEMENT AND omb/fedreg/2009.aspx. Federal Register 1. Background BUDGET notices are also available electronically from the U.S. Government Printing The metropolitan area program has Recommendations From the Office Web site at http:// provided standard statistical area Metropolitan and Micropolitan www.gpoaccess.gov/fr/index.html. delineations for approximately 60 years. Statistical Area Standards Review In the 1940s, it became clear that the Committee to the Office of DATES: To ensure consideration during value of metropolitan data produced by Management and Budget Concerning the decision-making process, OMB must Federal agencies would be greatly Changes to the 2000 Standards for receive all comments in writing on or enhanced if agencies used a single set of Defining Metropolitan and Micropolitan before April 13, 2009. geographic delineations for the Nation’s Statistical Areas ADDRESSES: Comments may be sent to: largest centers of population and Katherine K. Wallman, Chief activity. OMB’s predecessor, the Bureau AGENCY: Executive Office of the Statistician, Office of Management and of the Budget, led the effort to develop President, Office of Management and Budget, Room 10201 New Executive what were then called ‘‘standard Budget (OMB), Office of Information Office Building, Washington, DC 20503, metropolitan areas’’ in time for their use and Regulatory Affairs. telephone number (202) 395–3093, fax in 1950 census publications. Since then, ACTION: Notice and request for comment. number (202) 395–7245. E-mail comparable data products for metropolitan areas have been available. SUMMARY: Under the authority of the comments may be sent to Budget and Accounting Procedures Act [email protected] with the The general concept of a metropolitan of 1950 (31 U.S.C. 1104(d)) and the subject 2010 MetroAreas, or via http:// statistical area is that of an area Paperwork Reduction Act of 1995 (44 www.regulations.gov—a Federal E- containing a large population nucleus U.S.C. 3504(e)), the Office of Government Web site that allows the and adjacent communities that have a Management and Budget (OMB) public to find, review, and submit high degree of integration with that requests public comment on the comments on documents that agencies nucleus. The concept of a micropolitan recommendations it has received from have published in the Federal Register statistical area closely parallels that of the Metropolitan and Micropolitan and that are open for comment. Simply the metropolitan statistical area, but a Statistical Area Standards Review type ‘‘2010 MetroAreas’’ (in quotes) in micropolitan statistical area features a Committee for changes to OMB’s the Comment or Submission search box, smaller nucleus. The purpose of these metropolitan and micropolitan click Go, and follow the instructions for statistical areas is unchanged from when statistical area standards. The submitting comments. Comments metropolitan areas were first delineated: committee’s report and received with subject ‘‘2010 The classification provides a nationally recommendations, which are published MetroAreas’’ by the date specified above consistent set of delineations for in their entirety in the Appendix, follow will be included as part of the official collecting, tabulating, and publishing from study of the 2000 standards, record. Federal statistics for geographic areas. published by OMB in the December 27, Because of delays in the receipt of OMB establishes and maintains these 2000 Federal Register (65 FR 82227– regular mail due to security screening, areas solely for statistical purposes. In 82238). The committee’s work is a key you are encouraged to use electronic reviewing and revising these areas, OMB element in OMB’s review that will communications to transmit your does not take into account or attempt to culminate in publication of the 2010 comments to ensure timely receipt. anticipate any public or private sector statistical area standards for the next nonstatistical uses that may be made of FOR FURTHER INFORMATION CONTACT: decade. (Decisions on changes to the the delineations. These areas are not James D. Fitzsimmons, Chair, metropolitan and micropolitan designed to serve as a general-purpose Metropolitan and Micropolitan statistical area standards will not affect geographic framework applicable for Statistical Area Standards Review the collection, tabulation, and nonstatistical activities or for use in Committee, telephone number (301) publication of data from the 2010 program funding formulas. 763–1465; or E-mail Census and other current Federal data [email protected]. 2. Review Process collections for geographic areas such as states, counties, county subdivisions, SUPPLEMENTARY INFORMATION: From the beginning of the program, and municipalities.) OMB (or its predecessor) has reviewed Request for Comments: OMB is Outline of Notice the metropolitan (and now seeking comments only on the specific 1. Background micropolitan) statistical area standards recommendations of the committee for 2. Review Process and, if warranted, revised them in the revising the 2000 standards. In addition, 3. Overview of Recommendations from the years preceding their application to new OMB would welcome comments on the Metropolitan and Micropolitan decennial census data. During the Statistical Area Standards Review wording of the recommended 2010 Committee 1990s, OMB conducted a standards to help ensure their clarity 4. Issues for Comment comprehensive review of the 1990 and understandability. Comments Appendix: Report and Recommendations standards, leading to the development submitted in response to this notice may from the Metropolitan and Micropolitan of the core based statistical areas be made available to the public, Statistical Area Standards Review (metropolitan and micropolitan including by posting them on OMB’s Committee to the Office of Management statistical areas) and combined Web site. For this reason, please do not and Budget Concerning Changes to the statistical areas as contained in the 2000 include in your comments information 2000 Standards for Defining standards (available at: http:// of a confidential nature, such as Metropolitan and Micropolitan www.whitehouse.gov/omb/fedreg/ Statistical Areas sensitive personal information or A. Discussion of Recommendations metroareas122700.pdf). Periodic review proprietary information. B. Recommended 2010 Standards for of the standards is necessary to ensure Electronic Availability: This notice is Delineating Metropolitan and their continued usefulness and available on the Internet from the OMB Micropolitan Statistical Areas and Key relevance. The current review of the Web site at http://www.whitehouse.gov/ Terms metropolitan and micropolitan

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statistical area standards is the sixth qualification of metropolitan and standards, OMB would appreciate such review. micropolitan statistical areas to form receiving comments on their wording. In 2008, OMB charged the combined statistical areas, and that Kevin F. Neyland, Metropolitan and Micropolitan adjacent CBSAs be combined Statistical Area Standards Review Acting Administrator, Office of Information automatically if they possess an and Regulatory Affairs. Committee with examining the 2000 employment interchange measure of 15 metropolitan and micropolitan or higher. (As in the past, areas that are Appendix: Report and statistical area standards and providing combined would also retain their status Recommendations From the recommendations on the standards as discrete metropolitan or micropolitan Metropolitan and Micropolitan scheduled to be issued no later than statistical areas.) The committee also Statistical Area Standards Review December 2010. Agencies represented Committee to the Office of Management recommends eliminating local opinion on the review committee include the and Budget Concerning Changes to the from the combined statistical area titling Census Bureau (Chair), Bureau of 2000 Standards for Defining Economic Analysis, Bureau of Labor criteria and instead titling each Metropolitan and Micropolitan Statistics, Bureau of Transportation combined statistical area using the Statistical Areas Statistics, Economic Research Service, names of the two principal cities with the largest populations, and the name of [Transmittal Memorandum] National Center for Health Statistics, December 19, 2008. and ex officio, OMB. The Census Bureau the third-largest principal city, if has provided research support to the present. If the combined statistical area Memorandum for Katherine K. committee. title duplicates that of one of its Wallman, Chief Statistician, Office of This notice is the first of two component CBSAs, the committee Management and Budget anticipated notices related to the review recommends dropping the third-most From: Metropolitan and Micropolitan of the 2000 standards. OMB expects to populous principal city name from the Statistical Area Standards Review publish the final standards in the title of the combined statistical area. Committee. second notice no later than December Subject: Transmittal of Report and 2010. After the initial redelineation based on the 2010 standards is announced in Recommendations Concerning 3. Overview of Recommendations From 2013, the committee recommends that Changes to the 2000 Standards for the Metropolitan and Micropolitan OMB: (1) Limit yearly intercensal Defining Metropolitan and Micropolitan Statistical Areas. Statistical Area Standards Review updates to the identification of new Committee metropolitan and micropolitan We are pleased to transmit to you the This Federal Register notice makes statistical areas (and process certain attached report presenting this committee’s recommendations for available for comment the committee’s changes to principal cities such as modifying the Office of Management recommendations to OMB on how the names and legal status), and (2) conduct and Budget’s (OMB’s) 2000 standards 2000 metropolitan and micropolitan an update of the areas in 2018 based on statistical area standards should be for defining metropolitan and aspects of delineation that can be micropolitan statistical areas. They revised. These recommendations are performed using Census Bureau total presented in their entirety in the represent our best technical and population estimates from the professional advice for how the ‘‘Report and Recommendations from the Population Estimates Program and Metropolitan and Micropolitan standards could better account for and commuting and employment 5-year describe changes in settlement and Statistical Area Standards Review estimates from the American Committee to the Office of Management activity patterns throughout the United Community Survey. The committee and Budget Concerning Changes to the States and Puerto Rico, yet still meet the expresses its dissatisfaction with the 2000 Standards for Defining data reporting needs and requirements Metropolitan and Micropolitan word ‘‘definition’’ to characterize the of Federal agencies and the public. We Statistical Areas,’’ provided in the boundaries of a particular area and also are providing the specific 2010 Appendix to this notice. Section B of recommends replacing it with the word standards recommended by the the Appendix presents for public ‘‘delineation.’’ committee, including definitions of key terms. We hope that OMB will find comment the specific 2010 standards 4. Issues for Comment recommended by the committee for these recommendations informative and adoption by OMB. With this notice, OMB requests helpful in making its decision on what The committee notes that the 2000 comment on the recommendations of changes, if any, to adopt in the standards, which provided for core the Metropolitan and Micropolitan standards for defining geographic areas for collecting, tabulating, and based statistical areas (CBSAs) and Statistical Area Standards Review combined statistical areas and were the publishing Federal statistics. Committee concerning revisions to the Attachment result of an extensive and 2000 standards for defining comprehensive review of previous metropolitan and micropolitan Recommendations From the standards, have served the Federal statistical areas. The 2010 standards Metropolitan and Micropolitan statistical community well. Certain recommended to OMB for adoption Statistical Area Standards Review aspects of the standards, however, appear in Section B of the Appendix to Committee to the Office of Management needed to be evaluated in light of this notice. Section A of the Appendix and Budget Concerning Changes to the experiences from the post-2000 provides a discussion of the 2000 Standards for Defining implementation of the standards; these recommendations for changes to the Metropolitan and Micropolitan aspects included combined statistical Statistical Areas area qualification and titling, and 2000 standards. To help ensure the metropolitan and micropolitan clarity of the 2010 recommended A. Discussion of Recommendations statistical area updating. The committee notes that the 2000 The committee recommends that the standards, the result of an extensive and use of local opinion be eliminated in the comprehensive review of the previous,

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1990 standards, have served the Federal heterogeneous. This calls into question qualification of new metropolitan statistical community well over the past the comparability of the areas. Applying statistical areas; (3) qualification of new decade. However, the committee only statistical rules when delineating principal cities; (4) deletion of principal determined that aspects of the areas—the means by which the other cities; and (5) changes in the titles of standards—particularly those statistical areas delineated by OMB metropolitan statistical areas, concerning combined statistical area currently qualify—minimizes ambiguity micropolitan statistical areas, and qualification and titling, and and maximizes the replicability, metropolitan divisions, based on the metropolitan and micropolitan transparency, and integrity of the addition and/or deletion of principal statistical area updating—need to be process. The committee advocated cities as well as changes in the relative revised to better serve data users. applying only statistical rules, population size rankings of principal automatically combining all areas with cities. 1. Recommendations Concerning the minimum employment interchange The 2000 standards also included Combined Statistical Areas measure of 15. criteria for updating areas in 2008 based The Metropolitan and Micropolitan Under the 2000 standards, local on American Community Survey 5-year Statistical Area Standards Review opinion also is used for determining commuting and employment estimates. Committee recommends elimination of titles for combined statistical areas. The Given a subsequent change in the the use of local opinion in the committee argued that just as the American Community Survey qualification of combinations with qualification of combined statistical production and release schedule, the employment interchange measures areas should be based on the application 2008 update that was described in the between 15 and 25. Adjacent core based of statistical rules, so too should 2000 standards could not be statistical areas (CBSAs) should combined statistical areas titling. The implemented. automatically qualify for combination if committee recommended elimination of The committee observed that yearly they possess an employment local opinion from combined statistical updates can present potential interchange measure of 15 or higher. area titling and instead recommended difficulties to producers and users of The committee also recommends titling combined statistical areas in the metropolitan and micropolitan elimination of the use of local opinion same manner as their component statistical area data, including the in combined statistical area titling; each metropolitan and/or micropolitan potentially considerable workload that combined statistical area should be statistical areas: The title of a combined yearly intercensal update coding and titled using the names of the two statistical area should be based on the titling changes can pose for maintaining principal cities with the largest names of the two principal cities in the large databases. The committee supports populations in the combined statistical combination with the largest a more limited yearly update, area, as well as the name of the third- populations, as well as the name of the identifying only new metropolitan and largest principal city, if present. third-largest principal city, if present. micropolitan statistical areas.1 OMB In the 2000 standards, OMB provided To avoid potential confusion, the would continue to process changes to for combined statistical areas to committee recommends dropping the principal cities based on changes in recognize ties between contiguous name of the third most populous their names and legal status. For metropolitan and/or micropolitan principal city from the title of a example, if a principal city statistical areas that are less intense than combined statistical area if the disincorporates or changes its name, those captured by mergers, but still combined statistical area title duplicates that would be reflected in the yearly significant. (Mergers occur when that of one of its component CBSAs. update inventory of principal cities, adjacent CBSAs become a single CBSA CBSA titles, and codes. because the central county or counties 2. Recommendations Concerning Intercensal Update The committee recommends a more (as a group) of one CBSA qualify as comprehensive update of metropolitan outlying to the central county or The committee recommends that and micropolitan and related statistical counties (as a group) of the other CBSA.) OMB: (1) Limit its yearly updates to the areas in 2018 based on those parts of These combinations were based on the identification of new metropolitan and delineation that can be conducted using employment interchange measure micropolitan statistical areas (and Census Bureau total population between two CBSAs, defined as the sum process certain changes to principal estimates from the Population Estimates of the percentage of commuting from the cities such as names and legal status) Program and 5-year commuting and smaller area to the larger area and the and (2) conduct an update in 2018 employment estimates from the percentage of employment in the based on those aspects of delineation American Community Survey. The smaller area accounted for by workers that can be performed using Census urbanized areas and urban clusters used residing in the larger area. Bureau total population estimates from throughout the 2018 delineation process In reviewing the 2000 standards, the the Population Estimates Program as will be the 2010 Census Bureau- committee noted that combined well as 5-year commuting and delineated urbanized areas and urban statistical areas can serve as an employment estimates from the clusters. The central counties of CBSAs important geographic tool for the American Community Survey. identified on the basis of a 2010 Census Federal statistical data community. The For some purposes, frequent updates population count, or on the basis of committee also observed, however, that of the areas are desirable, but for other population estimates or a special census under the current system—in which purposes stability of the inventory of count in the case of intercensally adjacent metropolitan and/or areas has advantages. delineated areas, would constitute the micropolitan statistical areas combine The committee examined the criteria automatically if they meet a specified for statistical area updates in the 2000 1 A metropolitan statistical area that qualifies employment interchange measure of 25 standards as well as the application of under the yearly update due a special census or or more, while areas with an those criteria over the decade. Annual population estimate will not contain an urbanized interchange measure of less than 25 but intercensal updates of statistical areas area as delineated by the Census Bureau. The Census Bureau’s Population Estimates Program at least 15 qualify with the support of since 2003 have been extensive and produces and disseminates the official total local opinion—the universe of have included: (1) Qualification of new population estimates of cities that are used in the combined statistical areas is micropolitan statistical areas; (2) update process.

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central counties for purposes of the United States and Puerto Rico. In view (a) At least 25 percent of the 2018 area delineations. of the importance of cities and towns in employed residents of the county work New England, a set of geographic areas in the central county or counties of the 3. Recommendation Concerning the Use similar in concept to the county-based CBSA; or of the Word ‘‘Definition’’ CBSAs also will be delineated for that (b) At least 25 percent of the The committee recommends that region using cities and towns. These employment in the county is accounted OMB replace the word ‘‘definition’’ with New England City and Town Areas for by workers who reside in the central the word ‘‘delineation’’ in the proposed (NECTAs) are intended for use with county or counties of the CBSA. 2010 standards. statistical data, whenever feasible and A county may be included in only one During much of the history of the appropriate, for New England. Data CBSA. If a county qualifies as a central metropolitan and micropolitan providers and users desiring areas county of one CBSA and as outlying in statistical area program, the term delineated using a nationally consistent another, it falls within the CBSA in ‘‘definition’’ has been used to refer to geographic building block should use which it is a central county. A county the boundaries or geographic makeup of the county-based CBSAs in New that qualifies as outlying to multiple an area (e.g., the definition of the England. CBSAs falls within the CBSA with Altoona, PA Metropolitan Statistical The following criteria apply to both which it has the strongest commuting Area). While the program’s use of the the nationwide county-based CBSAs tie, as measured by either (a) or (b) term has been consistent, it is not and to NECTAs, with the exceptions of above. The counties included in a CBSA intuitive for those first encountering the Sections 7 and 9 in which separate must be contiguous; if a county is not program. criteria are applied when identifying contiguous with other counties in the The committee noted that while the and titling divisions within NECTAs CBSA, it will not fall within the CBSA. term ‘‘definition’’ has been used by that contain at least one core of 2.5 Section 4. Merging of Adjacent Core OMB for several decades, it has caused million or more population. Wherever Based Statistical Areas confusion for some data users. The the word ‘‘county’’ or ‘‘counties’’ committee recommends replacing appears in the following criteria (except Two adjacent CBSAs will merge to ‘‘definition’’ with ‘‘delineation’’ to in Sections 7 and 9), the words ‘‘city form one CBSA if the central county or reference the geographic boundaries of and town’’ or ‘‘cities and towns’’ should counties (as a group) of one CBSA the statistical areas. be substituted, as appropriate, when qualify as outlying to the central county B. Recommended 2010 Standards for delineating NECTAs. Commuting and or counties (as a group) of the other Delineating Metropolitan and employment estimates are derived from CBSA using the measures and Micropolitan Statistical Areas and Key the Census Bureau’s American thresholds stated in 3(a) and 3(b) above. Terms Community Survey. Section 5. Identification of Principal (If approved by the Office of Section 1. Population Size Requirements Cities Management and Budget, the proposed for Qualification of Core Based The Principal City (or Cities) of a standards below will be used to Statistical Areas CBSA will include: delineate Core Based Statistical Areas Each CBSA must have a Census (a) The largest incorporated place beginning in 2013.) Bureau delineated urbanized area of at with a 2010 Census population of at A Core Based Statistical Area (CBSA) least 50,000 population or a Census least 10,000 in the CBSA or, if no is a geographic entity associated with at Bureau delineated urban cluster of at incorporated place of at least 10,000 least one core of 10,000 or more least 10,000 population. (Urbanized population is present in the CBSA, the population, plus adjacent territory that areas and urban clusters are collectively largest incorporated place or census has a high degree of social and referred to as ‘‘urban areas.’’) designated place in the CBSA; and economic integration with the core as (b) Any additional incorporated place measured by commuting ties. The Section 2. Central Counties or census designated place with a 2010 standards designate and delineate two The central county or counties of a Census population of at least 250,000 or categories of CBSAs: Metropolitan CBSA are those counties that: in which 100,000 or more persons work; Statistical Areas and Micropolitan (a) Have at least 50 percent of their and Statistical Areas. The purpose of the population in urban areas of at least (c) Any additional incorporated place Metropolitan and Micropolitan 10,000 population; or or census designated place with a 2010 Statistical Area standards is to provide (b) Have within their boundaries a Census population of at least 50,000, but nationally consistent delineations for population of at least 5,000 located in a less than 250,000, and in which the collecting, tabulating, and publishing single urban area of at least 10,000 number of jobs meets or exceeds the Federal statistics for a set of geographic population. number of employed residents; and areas. The Office of Management and A central county is associated with (d) Any additional incorporated place Budget establishes and maintains these the urbanized area or urban cluster that or census designated place with a 2010 areas solely for statistical purposes. accounts for the largest portion of the Census population of at least 10,000, but Metropolitan and Micropolitan county’s population. The central less than 50,000, and one-third the Statistical Areas are not designed as a counties associated with a particular population size of the largest place, and general-purpose geographic framework urbanized area or urban cluster are in which the number of jobs meets or for nonstatistical activities or for use in grouped to form a single cluster of exceeds the number of employed program funding formulas. The CBSA central counties for purposes of residents. classification is not an urban-rural measuring commuting to and from Section 6. Categories and Terminology classification; Metropolitan and potentially qualifying outlying counties. Micropolitan Statistical Areas and many A CBSA receives a category based on counties outside CBSAs contain both Section 3. Outlying Counties the population of the largest urban area urban and rural populations. A county qualifies as an outlying (urbanized area or urban cluster) within CBSAs consist of counties and county of a CBSA if it meets the the CBSA. Categories of CBSAs are: equivalent entities throughout the following commuting requirements: Metropolitan Statistical Areas, based on

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urbanized areas of 50,000 or more with the city or town with which the with the largest 2010 Census population population, and Micropolitan Statistical one at issue has the highest employment located in the NECTA Division. If there Areas, based on urban clusters of at least interchange measure. Each NECTA are multiple Principal Cities, the names 10,000 population but less than 50,000 Division must contain a total population of the second-largest and (if present) population. Counties that do not fall of 100,000 or more. Cities and towns third-largest Principal Cities will appear within CBSAs will represent ‘‘Outside first assigned to areas with populations in the title in order of descending Core Based Statistical Areas.’’ A NECTA less than 100,000 will be assigned to the population size. If there are no Principal receives a category in a manner similar qualifying NECTA Division associated Cities located in the NECTA Division, to a CBSA and is referred to as a with the city or town with which the the title of the NECTA Division will use Metropolitan NECTA or a Micropolitan one at issue has the highest employment the name of the city or town with the NECTA. interchange measure. Cities and towns largest population. within a NECTA Division must be Section 7. Divisions of Metropolitan (d) The title of a Combined Statistical contiguous. Statistical Areas and New England City Area will include the names of the and Town Areas Section 8. Combining Adjacent Core largest two Principal Cities in the Based Statistical Areas combination and the name of the third- (a) A Metropolitan Statistical Area largest Principal City, if present. If the containing a single urbanized area with (a) Any two adjacent CBSAs will form Combined Statistical Area title a population of at least 2.5 million may a Combined Statistical Area if the duplicates that of one of its component be subdivided to form smaller groupings employment interchange measure CBSAs, the third-most populous of counties referred to as Metropolitan between the two areas is at least 15. principal city name will be dropped (b) The CBSAs that combine will Divisions. A county qualifies as a ‘‘main from the title of the Combined continue to be recognized as individual county’’ of a Metropolitan Division if 65 Statistical Area. CBSAs within the larger Combined percent or more of its employed (e) Titles also will include the names residents work within the county and Statistical Areas. of any state in which the area is located. the ratio of the number of jobs located Section 9. Titles of Core Based in the county to the number of Section 10. Update Schedule Statistical Areas, Metropolitan employed residents of the county is at Divisions, New England City and Town (a) The Office of Management and least .75. A county qualifies as a Divisions, and Combined Statistical Budget will delineate CBSAs in 2013 ‘‘secondary county’’ if 50 percent or Areas based on Census 2010 data and more, but less than 65 percent, of its American Community Survey 5-year employed residents work within the (a) The title of a CBSA will include estimates. county and the ratio of the number of the name of its Principal City with the (b) Each year thereafter, the Office of jobs located in the county to the number largest 2010 Census population. If there Management and Budget will designate of employed residents of the county is are multiple Principal Cities, the names new Micropolitan Statistical Areas if: at least .75. A main county of the second-largest and (if present) automatically serves as the basis for a third-largest Principal Cities will appear (1) A city that is outside any existing Metropolitan Division. For a secondary in the title in order of descending CBSA has a Census Bureau special county to qualify as the basis for population size. If the Principal City census count of 10,000 to 49,999 forming a Metropolitan Division, it must with the largest 2010 Census population population, or a population estimate of join with either a contiguous secondary is a census designated place, the name 10,000 to 49,999 population for two county or a contiguous main county of the largest incorporated place of at consecutive years from the Census with which it has the highest least 10,000 population that also is a Bureau’s Population Estimate Program, employment interchange measure of 15 Principal City will appear first in the or or more. After all main counties and title followed by the name of the census (2) A Census Bureau special census secondary counties are identified and designated place. If the Principal City results in the delineation of an urban grouped (if appropriate), each additional with the largest 2010 Census population cluster of 10,000 to 49,999 population county that already has qualified for is a census designated place, and there that is outside of any existing CBSA. inclusion in the Metropolitan Statistical is no incorporated place of at least (c) Also each year thereafter, the Area falls within the Metropolitan 10,000 population that also is a Office of Management and Budget will Division associated with the main/ Principal City, the name of that census designate new Metropolitan Statistical secondary county or counties with designated place Principal City will Areas if: which the county at issue has the appear first in the title. (1) A city that is outside any existing highest employment interchange (b) The title of a Metropolitan Metropolitan Statistical Area has a measure. Counties in a Metropolitan Division will include the name of the Census Bureau special census count of Division must be contiguous. Principal City with the largest 2010 50,000 or more population, or a (b) A NECTA containing a single Census population located in the population estimate of 50,000 or more urbanized area with a population of at Metropolitan Division. If there are population for two consecutive years least 2.5 million may be subdivided to multiple Principal Cities, the names of from the Census Bureau’s Population form smaller groupings of cities and the second-largest and (if present) third- Estimate Program, or towns referred to as NECTA Divisions. largest Principal Cities will appear in (2) A Census Bureau special census A city or town will be a ‘‘main city or the title in order of descending results in the delineation of a new town’’ of a NECTA Division if it has a population size. If there are no Principal urbanized area of 50,000 population or population of 50,000 or more and its Cities located in the Metropolitan more that is outside of any existing highest rate of out-commuting to any Division, the title of the Metropolitan Metropolitan Statistical Area. other city or town is less than 20 Division will use the names of up to (d) In the years 2014 through 2017, percent. After all main cities and towns three counties in order of descending and 2019, outlying counties of have been identified, each remaining population size. intercensally designated CBSAs will city and town in the NECTA will fall (c) The title of a NECTA Division will qualify, according to the criteria in within the NECTA Division associated include the name of the Principal City Section 3 above, on the basis of

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American Community Survey 5-year economic integration with the core as New England City and Town Area commuting estimates. measured through commuting ties with (NECTA)—A statistical geographic (e) The Office of Management and the counties containing the core. entity that is delineated using cities and Budget will review the delineations of Metropolitan and Micropolitan towns as building blocks and that is all existing CBSAs and related statistical Statistical Areas are the two categories conceptually similar to the Core Based areas in 2018 using 5-year commuting of Core Based Statistical Areas. Statistical Areas in New England (which and employment estimates from the Delineation—The establishment of the are delineated using counties as Census Bureau’s American Community boundary of a statistical area. building blocks). Survey. The urbanized areas and urban Employment interchange measure—A New England City and Town Area clusters used in the 2018 delineations measure of ties between two adjacent (NECTA) Division—A city or town or entities. The employment interchange will be the 2010 Census Bureau- group of cities and towns within a measure is the sum of the percentage of delineated urbanized areas and urban NECTA that contains an urbanized area employed residents of the smaller entity clusters. The central counties of CBSAs with a population of at least 2.5 million. who work in the larger entity and the identified on the basis of a 2010 Census A NECTA Division consists of a main percentage of employment in the population count, or on the basis of city or town that represents an smaller entity that is accounted for by population estimates from the Census employment center, plus adjacent cities Bureau’s Population Estimate Program workers who reside in the larger entity. Geographic building block—The and towns associated with the main city or a special census count in the case of or town, or with other cities and towns intercensally delineated areas, will geographic unit, such as a county, that constitutes the basic geographic that are in turn associated with the main constitute the central counties for city or town, through commuting ties. purposes of the 2018 area delineations. component of a statistical area. New CBSAs will be designated in 2018 Main city or town—A city or town Outlying county—A county that on the basis of Census Bureau special that acts as an employment center qualifies for inclusion in a Core Based census counts or population estimates within a New England City and Town Statistical Area on the basis of as described above in sections 10(b) and Area that has a core with a population commuting ties with the Core Based 10(c); outlying county qualification will of at least 2.5 million. A main city or Statistical Area’s central county or be based on 5-year commuting estimates town serves as the basis for delineating counties. from the American Community Survey. a New England City and Town Area Outside Core Based Statistical (f) Other aspects of the Metropolitan Division. Areas—Counties that do not qualify for and Micropolitan Statistical Area and Main county—A county that acts as inclusion in a Core Based Statistical related Statistical Area delineations are an employment center within a Core Area. not subject to change between decennial Based Statistical Area that has a core Principal City—The largest city of a censuses. with a population of at least 2.5 million. Core Based Statistical Area, plus A main county serves as the basis for Section 11. Definitions of Key Terms additional cities that meet specified delineating a Metropolitan Division. statistical criteria. Census designated place—A Metropolitan Division—A county or Secondary county—A county that acts statistical geographic entity that is group of counties within a Core Based as an employment center in equivalent to an incorporated place, Statistical Area that contains an combination with a main county or delineated for the decennial census, urbanized area with a population of at another secondary county within a Core consisting of a locally recognized, least 2.5 million. A Metropolitan Based Statistical Area that has a core unincorporated concentration of Division consists of one or more main/ with a population of at least 2.5 million. population that is identified by name. secondary counties that represent an Central county—The county or employment center or centers, plus A secondary county serves as the basis counties of a Core Based Statistical Area adjacent counties associated with the for delineating a Metropolitan Division, containing a substantial portion of an main/secondary county or counties but only when combined with a main urbanized area or urban cluster or both, through commuting ties. county or another secondary county. and to and from which commuting is Metropolitan Statistical Area—A Core Urban area—The generic term used measured to determine qualification of Based Statistical Area associated with at by the Census Bureau to refer outlying counties. least one urbanized area that has a collectively to urbanized areas and Combined Statistical Area—A population of at least 50,000. The urban clusters. geographic entity consisting of two or Metropolitan Statistical Area comprises Urban cluster—A statistical more adjacent Core Based Statistical the central county or counties geographic entity to be defined by the Areas (CBSAs) with employment containing the core, plus adjacent Census Bureau for 2010 Census, interchange measures of at least 15. outlying counties having a high degree consisting of a central place(s) and Core—A densely settled concentration of social and economic integration with adjacent densely settled territory that of population, comprising either an the central county or counties as together contain at least 2,500 people. urbanized area (of 50,000 or more measured through commuting. For purposes of delineating Core Based population) or an urban cluster (of Micropolitan Statistical Area—A Core Statistical Areas, only those urban 10,000 to 49,999 population) delineated Based Statistical Area associated with at clusters of 10,000 more population are by the Census Bureau, around which a least one urban cluster that has a considered. population of at least 10,000, but less Core Based Statistical Area is Urbanized area—A statistical than 50,000. The Micropolitan delineated. geographic entity defined by the Census Core Based Statistical Area (CBSA)— Statistical Area comprises the central Bureau, consisting of a central place(s) A statistical geographic entity consisting county or counties containing the core, and adjacent densely settled territory of the county or counties associated plus adjacent outlying counties having a that together contain at least 50,000 with at least one core (urbanized area or high degree of social and economic people. urban cluster) of at least 10,000 integration with the central county or population, plus adjacent counties counties as measured through [FR Doc. E9–2978 Filed 2–11–09; 8:45 am] having a high degree of social and commuting. BILLING CODE 3110–01–P

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Reader Aids Federal Register Vol. 74, No. 28 Thursday, February 12, 2009

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 30...... 6989 Presidential Documents 3 CFR 40...... 6989 Executive orders and proclamations 741–6000 50...... 6989 The United States Government Manual 741–6000 Proclamations: 52...... 6989 8344...... 6343 Other Services 60...... 6989 8345...... 6345 63...... 6989 Electronic and on-line services (voice) 741–6020 Executive Orders: 70...... 6989 Privacy Act Compilation 741–6064 12835 (amended by 71...... 6989 Public Laws Update Service (numbers, dates, etc.) 741–6043 13499) ...... 6979 72...... 5983, 6989 TTY for the deaf-and-hard-of-hearing 741–6086 12859 (amended by 73...... 6989 13450) ...... 6981 76...... 6989 ELECTRONIC RESEARCH 13201 (revoked by 150...... 6989 13496) ...... 6107 World Wide Web 13202 (revoked by 12 CFR Full text of the daily Federal Register, CFR and other publications 13502) ...... 6985 208...... 6223 is located at: http://www.gpoaccess.gov/nara/index.html 13204 (revoked by 223...... 6225, 6226 13495) ...... 6103 225...... 6223 Federal Register information and research tools, including Public 13208 (revoked by 360...... 5797 Inspection List, indexes, and links to GPO Access are located at: 13502) ...... 6985 Proposed Rules: http://www.archives.gov/federallregister 13258 (revoked by 337...... 5904 E-mail 13497) ...... 6113 704...... 6004 13422 (revoked by FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13497) ...... 6113 14 CFR an open e-mail service that provides subscribers with a digital 13494...... 6101 187...... 6989 form of the Federal Register Table of Contents. The digital form 13495...... 6103 Proposed Rules: of the Federal Register Table of Contents includes HTML and 13496...... 6107 25...... 6557 PDF links to the full text of each document. 13497...... 6113 39 ...... 6835, 7002, 7004, 7006 To join or leave, go to http://listserv.access.gpo.gov and select 13199 (amended by 234...... 6249 Online mailing list archives, FEDREGTOC-L, Join or leave the list 13498) ...... 6533 259...... 6249 (or change settings); then follow the instructions. 13498...... 6533 71 ...... 7010, 7011, 7012 PENS (Public Law Electronic Notification Service) is an e-mail 13499...... 6979 73...... 7018 service that notifies subscribers of recently enacted laws. 13500...... 6981 399...... 6249 13501...... 6983 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 13502...... 6985 16 CFR and select Join or leave the list (or change settings); then follow Administrative Orders: 1500...... 6990 the instructions. Memorandums: Proposed Rules: FEDREGTOC-L and PENS are mailing lists only. We cannot Memo. of 1/30/2009 ...... 5977 Ch. I ...... 6129 respond to specific inquiries. Memo. of 1/30/2009 ...... 5979 255...... 5810 Reference questions. Send questions and comments about the Memo. of 2/4/2009 ...... 6347 1500...... 7021 Memo. of 2/5/2009 ...... 6537 Federal Register system to: [email protected] 17 CFR Notices: The Federal Register staff cannot interpret specific documents or Notice of February 4, 229...... 6776 regulations. 2009 ...... 6349 230...... 6776 Reminders. Effective January 1, 2009, the Reminders, including Presidential 232...... 6776 Rules Going Into Effect and Comments Due Next Week, no longer Determinations: 239...... 6776 appear in the Reader Aids section of the Federal Register. This No. 2009–15 of 240...... 6456, 6776 information can be found online at http://www.regulations.gov. January 27, 2009 ...... 6115 249...... 6776 249b...... 6456 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 5 CFR longer appears in the Federal Register. This information can be Proposed Rules: found online at http://bookstore.gpo.gov/. 532...... 6351 210...... 6359 Proposed Rules: 229...... 6359 532...... 6003 230...... 6359 FEDERAL REGISTER PAGES AND DATE, FEBRUARY 240...... 6359, 6485 7 CFR 5797–5898...... 2 243...... 6485 5899–5982...... 3 1400...... 6117 244...... 6359 1412...... 6352 249...... 6359 5983–6116...... 4 6117–6222...... 5 8 CFR 18 CFR 6223–6350...... 6 274a...... 5899 157...... 6539 6351–6538...... 9 375...... 6540 6539–6822...... 10 10 CFR 6823–6988...... 11 Ch. I ...... 5797 20 CFR 6989–7178...... 12 2...... 6989 404...... 5807

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21 CFR 408...... 5899 40 CFR 90...... 6235 314...... 6541 1611...... 6831 6...... 5991 Proposed Rules: 510...... 6823 Proposed Rules: 52...... 6542, 6552 73...... 6131, 6132 520...... 6541 2550...... 6007 80...... 6233 522...... 6993 112...... 5900 32 CFR 49 CFR 528...... 6823 271...... 5994 199...... 6228 Proposed Rules: 209...... 6995 22 CFR 33 CFR 6...... 6008 215...... 5808 50...... 7027 50 CFR 105...... 6994 51...... 7027 24 CFR 117 .....5983, 5984, 5986, 6228, 63...... 6510 17...... 6700 Proposed Rules: 6229 271...... 6010 216...... 6236 5...... 6839 165 ...... 5987, 5989, 6352 300...... 6995 42 CFR 92...... 6839 Proposed Rules: 648...... 6244, 6997 908...... 6839 117...... 6359 440...... 5808 660...... 6997 165...... 6842, 7022 26 CFR Proposed Rules: 665...... 6998 414...... 6557, 7029 1 ...... 6824, 6828, 6952 36 CFR 679 ...... 6554, 6555, 6556, 7001 301...... 6829 Proposed Rules: 45 CFR Proposed Rules: 602...... 6952 242...... 6250 Proposed Rules: 17 ...... 5908, 6122, 6558, 6852, Proposed Rules: 1355...... 6362 6853 37 CFR 1 ...... 6840, 6841, 7021 1356...... 6362 92...... 6563 385...... 6832 100...... 6250 28 CFR 46 CFR 39 CFR 216...... 6010 Proposed Rules: 162...... 6358 253...... 6257 3020...... 6117, 6230 26...... 6131 600...... 6257 Proposed Rules: 47 CFR 622...... 6257 29 CFR 111...... 6250 73 ...... 6001, 6120, 6121, 6122, 403...... 5899 955...... 6844 6233, 6234 648...... 6564, 7029

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The text of laws is not H.R. 2/P.L. 111–3 enacted public laws. To published in the Federal Children’s Health Insurance subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered Program Reauthorization Act listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual of 2009 (Feb. 4, 2009; 123 publaws-l.html This is a continuing list of pamphlet) form from the Stat. 8) public bills from the current Superintendent of Documents, Last List February 2, 2009 session of Congress which U.S. Government Printing Note: This service is strictly have become Federal laws. It Office, Washington, DC 20402 for E-mail notification of new may be used in conjunction (phone, 202–512–1808). The Public Laws Electronic laws. The text of laws is not with ‘‘P L U S’’ (Public Laws text will also be made Notification Service available through this service. Update Service) on 202–741– available on the Internet from (PENS) PENS cannot respond to 6043. This list is also GPO Access at http:// specific inquiries sent to this available online at http:// www.gpoaccess.gov/plaws/ address. www.archives.gov/federal- index.html. Some laws may PENS is a free electronic mail register/laws.html. not yet be available. notification service of newly

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